revenge

Ethics Quiz: Grandstanding Or Justice?

/ Jack Marshall / 17 Comments

Weird.

A team searching a Mississippi courthouse basement for evidence about the infamous lynching of black teenager Emmett Till in 1955 stumbled upon the unserved arrest warrant charging Carolyn Bryant Donham— identified as “Mrs. Roy Bryant” on the document—with the 14-year-old boy’s abduction. Donham was the young woman who falsely claimed that Till had whistled at her and grabbed her, causing a mob of white men to murder him. The warrant was never served, apparently because the Jim Crow-era Mississippi sheriff didn’t feel a mother with two children should be prosecuted. Now Till’s family wants Donham, 88, arrested and tried...almost 70 years after the crime.

Your Ethics Alarms Ethics Quiz on this Independence Day weekend is…

Would it be ethical to do this? 

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Elon Musk Is Not A Nice Guy, And A Legal Ethics Controversy Proves It

/ Jack Marshall / 9 Comments

The legal ethics world is all in a fluster over a recent controversy involving Elon Musk, the world’s richest man. This means that readers at Ethics Alarms should be flustering too.

This is the story: An SEC  attorney had interviewed  Musk during the agency’s investigation of the Tesla CEO’s 2018 tweet claiming to have secured funding to potentially take the electric-vehicle maker private. The claim proved to be false, resulting in a settlement that required Musk to resign and also to pay 20 million dollars in fines. In 2019, Musk’s personal lawyer called the managing partner at Cooley, LLP, and demanded that the firm fire the SEC lawyer, who had left the agency to become as associate at the large firm that handles Tesla’s business. The targeted lawyer had no connection to Tesla’s legal work at the firm; the sole reason for the demand was revenge. Musk wanted him to lose his job because he was angry about their interaction at the SEC. Continue reading →

Return Of The Hedgehog

/ Jack Marshall / 2 Comments

Angry hedgehog

Recently I have been pondering whether Donald Trump, in the parlance of philosopher Isaiah Berlin in his famous essay “The Hedgehog and the Fox”, is a hedgehog, one who, in words of the Greek poet Archilochus, “knows one big thing,”or a fox, which knows many things. The thrust of the essay (and a later book) is that history teaches that the hedgehogs tend to prevail over the foxes.

In 2019, I announced that I had figured out that Trump was indeed a hedgehog, and that the one big thing he knew was that

“Despite decades of indoctrination to the contrary, most Americans are proud of their country and do not believe it has been a force for evil in the world. They recognize that capitalism has been responsible for the much of the nation’s success, and they do not want to emulate the European nanny states. Most Americans also regard the office of the Presidency as an inherently good institution. The Four Horsewomen of the Apocalypse, as the President now calls them, do not believe these things, and by clearly opposing a group that is deep, deep in negative territory on the scale, the President is certain to derive a net benefit. Although I have heard the Stage 5 Trump Deranged argue that he does not love his country and does not have its best interests at heart, that is an unsupportable position fueled by dislike alone. Nobody becomes President who isn’t a patriot, and no President wants to go down in history as a bad one. Now the entire Democratic Party is tying itself to these four repulsive, anti-American extremists, which is the equivalent of the party tying itself to an anchor on the [Cognitive Dissonance] Scale.”

For the record, I’m still not completely convinced that Trump isn’t a fox in spiny clothing.

Now the “Fox or Hedgehog?” game has emerged again in an essay by Lance Morrow in The Wall Street Journal. He attributes Critical Race Theory to hedgehogian reasoning. The One Big Thing: slavery was bad. He writes in part,

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Pelosi’s Unconscionable “Snap Impeachment,” Part II: If This Happens, It Will Be Time To Release A Real “Kraken,” And I Hope I Can Help Feed Pelosi To It…[Corrected]

/ Jack Marshall / 49 Comments

clash-of-the-titans-2010-kraken

Plan T, the apparent plan to impeach President Trump for a crime he clearly did not commit, is arguably the worse of the various AUC-contrived removal plots, because it will do the most damage by far. Even the actual impeachment, the ridiculous Plan S, had little long-term effect, and the Democrats abandoned it even as a campaign issue. Even they didn’t take it seriously: like so much of the rest, it was just one more way to denigrate, obstruct and weaken the leader of their own nation. It was part of strategy, that’s all. As I wrote in Part I, this is different in kind:

Plan T must be recognized for what it is: an act of pure hate and vengeance, and a deliberate, calculated insult to Trump’s supporters as well as those citizens who believe that that their government should not behave like third-world failed state.

I admit it: I am angry about this, and if it occurs, I will not forget it or forgive it—and I do not consider myself one of the Trump supporters being ostentatiously slapped in the face. I am angry because this is not how the United States of America behaves towards its leaders. I know readers here are sick of me saying this, but I will say it again because it is true: the nation owes respect and debt of gratitude to every President of the United States, without exception, when they leave office, and that respect should continue to the end of their days, and throughout our history. That’s right, every single one of them, the skilled and less-than-skilled, the competent and incompetent, the best and the worst of them, Andrew Johnson as well as Lincoln, Nixon as well as Eisenhower, the Bushes as well as Reagan, Hoover as well as FDR, Carter, Clinton, Obama, and yes, Donald Trump.

The job was always a killing one and a near impossible, one, and it has only become more difficult and unpleasant. Taking the job is an act of patriotism, and enduring it is an act of courage and character. No President has been treated as atrociously by so much of the public, the opposing party, his own party and the news media as Donald Trump, and it is remarkable that he accomplished as mach as he did under continuous attack. Nearly every other President has been accorded a “honeymoon,” the occasional benefit of the doubt, the opportunity to just play the head of state and accept the pomp, ceremony and traditional acclaim that comes with it. Not President Trump. He was not permitted a peaceful inauguration, nor respectful audiences in Congress to his State of the Union messages, nor the pleasure of throwing out the first ball in the baseball season, nor the host role in the Kennedy Center Honors, nor even an invitation to attend state funerals. Yet President Trump buggered on, as Winston Churchill said, doing his best to try to fulfill his promises and do what in his view was in the best interests of America.

He has been kicked virtually every day of his four years in office, and now his repulsive, vindictive, thuggish foes want to kick him as he goes out the door.

The effort to lay lat weeks riot at the Capitol at Trump’s feet is too cynical and false to be tolerated. Professor Turley had a succinct summary of how disingenuous that is in his recent column in the Hill:

We have had four years of violent protests, including the attacks on federal buildings, members of Congress, and symbols of our democracy. Former Attorney General William Barr was heavily criticized for clearing Lafayette Square last year after protesters injured numerous law enforcement officers, were injured themselves, burned a historic building, caused property damage, and threatened to breach the White House grounds. There were violent riots during the inauguration of Donald Trump and a lethal assault on some Republican lawmakers playing softball. Indeed, this year started as last year ended, with attacks on federal buildings in Portland and other cities.

It is beyond hypocritical for the same people and party that largely encouraged, enables and rationalized these and more to now pretend to be shocked, call a single, particularly stupid and pointless riot at the Capitol a “threat to Democracy,” and to attempt to impeach the President for his role in it, which consisted of endorsing a Constitutionally protected protest. The true threat to Democracy has been ongoing for four years, and it was called “the resistance.” I find it hard to believe that the American people will accept such a transparent and Orwellian distortion of reality, but I know that I won’t.

If the Congress wants to censure President Trump or some other symbolic gesture, fine. As I have written here, it was inappropriate for the President to be challenging the validity of his defeat, even more so than it was for Hillary Clinton to challenge the validity of her defeat, by Trump. Doing so was, in sequence, predictable, irresponsible, dangerous, in many ways justified, and completely in character. I would not object to an official precedent being established holding that no matter how close or dubious an election is, challenges to the results must not be pronounced in public, by POTUS.

Impeachment on this basis, however, is pure lawlessness. Here’s Turley again in another column (this is his specialty, after all). The emphasis is mine:

‘“..Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. Like others, I condemned those remarks as he gave them, calling them reckless and wrong. I also opposed the challenges to electoral votes in Congress. But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.

When I testified in the impeachment hearings of Trump and Bill Clinton, I noted that an article of impeachment does not have to be based on any clear crime but that Congress has looked to the criminal code to weigh impeachment offenses. For this controversy now, any such comparison would dispel claims of criminal incitement. Despite broad and justified condemnation of his words, Trump never actually called for violence or riots. But he urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress. Trump told the crowd “to peacefully and patriotically make your voices be heard.”….

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Pelosi’s Unconscionable “Snap Impeachment,” Part I: Welcome to Plan T

/ Jack Marshall / 31 Comments

T

In Ethics Alarms’ compilation of the previous 19 attempts at removing President Trump since his election had been stalled at Plan S, the unconstitutional, cynical and non-substantive impeachment of President Trump on spurious grounds in 2019. It’s lack of validity was demonstrated by the fact that neither the news media nor Democrats mentioned the sham during the 2020 Presidential campaign. In the introduction to the list, I wrote,

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing. As scholar Victor Hanson Davis has pointed out, the sheer number of these successive plans belies the claim that this is not an ongoing attempt at a soft coup.

As it turned, out I was more right than I intended to be. Never did I suspect that Democrats would continue to try to remove the President before the end of his term even if they won the 2020 Presidential election, but they are doing so because the other 19 attempts failed. Since this cannot reasonably be called a soft coup, since the Democrats have already won the White House, Plan T must be recognized for what it is: an act of pure hate and vengeance, and a deliberate, calculated insult to Trump’s supporters as well as those citizens who believe that that their government should not behave like third-world failed state.

The rest of this post will be added to “Presidential Impeachment/Removal Plans, 2016 to 2020”:

Plan T (added 1/9/21): Trump should be impeached for “inciting a riot” with his speech to supporters on January 6, as Congress gathered to officially approve the states’ electoral college vote making Joe Biden the 46th President. The transcript is here.

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Conclusion: The President Will Pardon Himself, And Should

/ Jack Marshall / 37 Comments

POTUS pardon

For a party that has throttled down on the Big Lie that President Trump has been unusually disrespectful of crucial democratic norms, Democrats are remarkably fond of obliterating some of the most crucial norms established since 1792, norms that have served us well. They began by defying the norm of an opposing party accepting the election of a President and beginning his term with a demonstration of good will, loyalty and cooperation. They continued with the abuse of impeachment, dispensing with the requirement of a high crime or “misdemeanor,” seeking President Trump’s removal for conduct indistinguishable from that of his predecessors. Now it is clear as crystal that the party intends to prosecute Trump after he leaves office, criminalizing politics and following the practice of totalitarian regimes like the Soviet Union, which often imprisoned—or killed— political opponents as soon as they lost power.

Democrats have come close to doing this before. They would have prosecuted Nixon, whom they hated almost as much as they hate Trump, had Gerald Ford not courageously taken that opportunity away. Many in the party wanted to prosecute President Bush for “war crimes.” Now there is little question that, driven by a Trump-deranged base and supported by a legal establishment that has abandoned any semblance of objectivity or restraint, as well as a poisonous news media lacking prudence or perspective, Democrats will seek the imprisonment of Donald Trump as a matter of pure revenge. Whether they can prove his guilt of actual crimes is a secondary matter. They want to destroy him as a warning to any other outsider who dares to challenge what they believe is the inevitable progressive ascendancy.

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Bizarro World Ethics: A Vicious Young Jerk’s Unethical Act Is Celebrated And His Victim Vilified In A Cautionary Tale Of What Happens When Society Allows Its Values To Be Turned Inside Out. Part II: The Times And Its Readers

/ Jack Marshall / 14 Comments

Mimi

In Part I, describing the horrific personal destruction of 18-year-old Mimi Groves (above)–the antiseptic term “unethical” does not adequately convey the pure viciousness and wrongfulness of the act—I attempted to clarify what the entire scenario represents, a near complete distortion of values and ethical norms with ominous implications. I mostly left out the enthusiastic participation of the New York Times in this destructive process, first, because it was not directly involved in Jimmy Galligan’s hateful and pernicious conduct, and second, because of space considerations. Thus we have Part II.

The Times signaled its sentiments and objectives in the headline of its feature, written by reporter Dan Levin: “A Racial Slur, a Viral Video, and a Reckoning.” “Reckoning” means, in this context, a settling of accounts, a judgment, or earned punishment. In the view of the Times writer and the editors who allowed it to be published, Mimi Groves was justly punished by her black classmate, who plotted–plotted is a fair description—to derail her education and future prospects, and did so. What was the conduct that earned the “reckoning”? Groves used a word, in a general context, that the social justice establishment has ruled, on its own authority, can never be uttered for any reason, or published in print—unless the individual responsible is black, in which case it may be rude or less than desirable, but otherwise it’s OK.

At the time the word “nigger” was used by Groves in a three second video on social media, and today, popular songs embraced by her age group and peer group used the same word repeatedly, and made millions of dollars as a result. At the time the word “nigger” was used by Groves in a three second video on social media, popular movies showed black characters calling other black characters that same word in jest, or affectionately, or for shock value.The actors playing those characters, notably Samuel L. Jackson, who has earned a bundle as the spokesperson for a major credit card,while using teh word “nigger” more times on screen that any actor in film history, have not faced any “reckoning.” The screenwriters who put those words in his mouth faced no “reckoning”; the directors who permitted the dialogue to be read and the studios that sent the wave of “niggers” into theaters and streaming services faced no “reckoning.”

Just this month, Netflix premiered an adaptation of August Wilson’s play “Ma Rainey’s Black Bottom,” directed by acclaimed social justice warrior director George C. Wolfe, an African American. When a stream of “niggers” was unleashed about ten minutes into the fim, never to stop, I was genuinely confused. How could this be, when I have a file of professors and teachers who faced sanctions, protests, suspensions, and professional destruction, not by referring to any black individual as a nigger, but by using the word in the context of discussing legal, ethical and cultural implications of language.

Yes, I was confused, and I am a lawyer, a writer, an ethicist and a teacher with more than four times as much experience in life as Mimi Groves when, as a child, she mistakenly thought a casual use of the word in a social media message wouldn’t upset anyone, much less put a dedicated life assassin on her trail.The the New York Times holds that Mimi deserved her “reckoning,” and made sure that if anyone inclined to tar her as a racist unfit for human association on this woke culture we are breeding didn’t know that she had to be punished and why, a major feature in the nation’s most read, circulated and quoted newspaper would spread word of her disgrace. The paper’s verdict is clear: Jimmy Galligan struck a blow against “systemic societal racism.” He’s a hero, even though literally nothing he did was ethical, fair, or just:

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On Revenge, Tit-For-Tat And The Biden Presidency

/ Jack Marshall / 32 Comments

tit for tat

I would really like to accept the Biden Presidency as I have accepted every Presidency in my life so far, and without giving away secrets, there have been a lot of them. You see, I really believe what Nancy Pelosi and Hillary Clinton lectured Donald Trump about when they were certain Hillary would win the 2016 election. I believe that the American public, no matter who each individual voter may have favored, ought to welcome the newly elected President with hope and good will, pronounce the past irrelevant, and pledge to do whatever is necessary to make the incoming administration successful. In other words, every American should behave exactly as Democrats (including Hillary and Nancy), progressives, the resistance, numerous professional groups and the vast majority of the news media did not behave when President Trump was elected.

Why do I believe this? As I have said so many times I am sick of me, I believe this because that response is the only way republics can survive, and because that is how this republic has survived and thrived since the Civil War. If you would peruse the Ethics Alarms posts on the topic and related ones since November 2016, as I viewed the impending Presidency of Donald Trump with the approximate enthusiasm of one diagnosed with genital warts, one message was consistent: we break this tradition at great risk. If the Axis of Unethical Conduct (I didn’t call them that for a while, but that’s the alliance that was responsible–-the resistance, Democrats, and the news media) devotes itself to savaging and undermining the nation’s duly elected President by any means necessary, it-they will guarantee a cycle in which political warfare, which once was de-escalated every four years, will be a constant, making cooperation, unity, and competent government impossible.

Is Joe Biden “my” President? Sure he is. I’m an American, and our system made him President. Do I want him to succeed? Sure I do. Failed Presidencies are bad for all Americans, the nation and the world. If Joe Biden asked me to take on a project, a job or an assignment, would I say yes? Unless I found the substance of what I was asked to do objectively unconscionable, yes I would.

However, it is clear as day now that there is no way Democrats and progressives can avoid the consequences of their shattering the norm that once gave Presidents a “honeymoon” and that guaranteed every President-Elect overwhelming public support simply by his stepping into the metaphorical shoes of Washington and Lincoln. Could there have been a way? The manner in which Biden and his supporters have handled the transition so far would have killed any wisp of a chance if there were one, and I doubt there ever was. The “now that we’ve regained power by breaking the rules, we hope everyone will go back to following them again for the good of the country” routine is too insulting and cynical to generate anything but resentment.

Still, what f Joe had come out in November and said,

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This Is Unethical, But The Rhetoric From Democrats, Pundits And The Media Make Resisting The Impulse Nearly Impossible

/ Jack Marshall / 40 Comments

goose-and-gander2

Matt Mayer of The Spectator, in an essay titled, Revenge of the Republicans, writes in part,

The 2020 election has provided fertile ground upon which Republicans can spend the next four years doing to Joe Biden what the Democrats did to Donald Trump and George W. Bush. 

For four years, Democrats and their media allies trumpeted every claim, no matter how baseless or crazy, that Trump’s 2016 election win was illegitimate and fraudulent. Despite zero evidence that so much as a single vote was interfered with, Democrats peddled the hoax that Russia interfered in the 2016 election to elect Trump. Even after the Mueller investigation exonerated Trump and his campaign from the collusion canard, Democrats, led by the shameless Adam Schiff, continued to allege collusion. Their simple goal was to undermine and delegitimize the Trump presidency. It clearly worked to the degree some voters turned their backs on Trump even as they voted Republican down-ballot….

Though he managed to get far more done than people give his team credit for, Trump governed under a dark cloud for most of his presidency. His team had to waste precious time and energy defending him against the Mueller investigation with its phalanx of Democratic hitman lawyers and corrupt FBI personnel. The media aided this assault by running stories over the last four years based on anonymous sources, several of which ended up being false. No president has had to undergo so thorough an investigation on such thinly-sourced claims. Trump may be lots of things, but he is as patriotic and faithful to America as any man who ever occupied the Oval Office….

…The fact of the matter is Biden’s call for unity is like the kid in your class who lost every game, but always shouted ‘starting now’ only after he was ahead. In the days since Biden asked Republicans to turn the other cheek, his old boss Barack Obama launched his book promotion by claiming that Trump only won in 2016 because too many Americans are racists. Obama followed that left hook to Main Street America by then denigrating Trump as a dictator despite the fact that it was Obama who arrested and investigated journalists during his presidency.

…One legacy of Trump is he taught Republicans how to fight back. Thus, what’s good for the goose is good for the gander. Biden will now serve under a cloud of suspicion and feel the heat as investigators dig into every nook and cranny of his family’s life. If Republicans pick up the handful of seats they now need to take back the US House in 2022, Biden and the Democrats will rue the day they made Schiff their attack dog.

Turnabout is fair play, especially in politics.

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“How Is Rewarding Unethical Behavior Ethical?”

/ Jack Marshall / 35 Comments

Every now and then a comment on Ethics Alarms that I have not answered personally sticks in my brain like a musical earworm, literally keeping me awake at night. This was one of those times. That proclivity is one reason I have made over 50,000 comments on my own blog among the 300,000 here in the decade Ethics Alarms has been in existence. The vast majority of bloggers don’t do that; most don’t comment at all. I do it because, in addition to the biological need for sleep, I designed this forum to be a colloquy and an ongoing ethics seminar as much as a platform for my own analysis.

This time, the comment that stuck in my brain like “Thank-You Girl,” the Beatles’ all-time earworm, began,

“How is rewarding unethical behavior ethical?”

The comment came as a response to yesterday’s post explaining why it would be best for all concerned  if President Trump would stop claiming that the election was “stolen” or “rigged” (though it was both) and concede with graciousness and honor now that the chances of his prevailing in the Electoral College are vanishingly small.

I could answer that question in two sentences, or with a book. I will try mightily to come much closer to the former than the latter.

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