Morning Ethics Warm-Up, 10/31/2017: A Hate Outbreak, A Bigoted Judge, A Lost Post, And More Halloween Ethics

Good Morning!

1 On Facebook, many of my progressive friends literally expressed glee at yesterday’s indictments, especially at the charge that Paul Manafort had engaged in “conspiracy against the United States.” Lots of social media users were expressing similar sentiments, the thrust being that they were excited that two individuals who worked for the Trump campaign were facing criminal charges…simply because they worked for the Trump campaign. This cackling mob hadn’t read the indictment, or if they did, they didn’t understand it. They just were engaging in free-standing hate by association.

The reaction is not sort of like, but exactly like, what I called  the “Ugliest moment of election night”: Trump’s crowd chanting “Lock her up!” as the upset electoral victory approached. Criminalizing the political process is not the way of democracy, and rooting for people’s lives to be ruined because of their partisan alliances is disgusting. Who among the people so thrilled to see Manafort and former Trump campaign foreign policy advisor George Papadopoulos being prosecuted know anything about them other than the fact that they worked for the President’s campaign? What do they think justifies cheering their indictment? Papadopoulos pleaded guilty for lying to the FBI about when he tried to meet with Russians claiming to have damning Hillary Clinton e-mails—which, I hope you know (and I bet the Facebook mob doesn’t) isn’t a crime.

Last night, Stephen Colbert, the full-time attack jester of “the resistance,” said of the indictments, “I know it’s almost Halloween, but it really feels more like Christmas!” What an idiotic and hateful thing to say, as well as a statement that is misleading to his audience, who naturally would think that the action implicates the President and the White House in something. (It doesn’t.)

2. Colbert also engaged in gratuitous race-baiting, because dividing the country along racial lines and promoting racial distrust is apparently what progressives think is funny and cool. Noting that the charges against Paul Manafort were filed on Friday but that he didn’t have to turn himself in until Monday Colbert smirked,  “Wow, we white people really do get arrested differently.” The “joke” is untrue, and racist in its own implications, suggesting that only whites commit white collar crimes and are regarded as low flight risks, while blacks commit the violent crimes and robberies that lead to immediate arrests.

These are ugly, mean-spirited people, poisoned by ugly, mean-spirited thoughts.

You can quote me.

3. Judge W. Mitchell Nance, a Kentucky judge, resigned after judicial ethics charges were filed against him as a result of his refusing to preside over any same-sex couple adoption cases. Nance announced that he would not  participate in  gay adoption matters in April, when he issued an order saying he was recusing himself from such case, arguing that adoption by a gay couple would never be in the best interest of a child.

The judicial misconduct complaint filed last month argued that Nance’s order violated the judicial ethics canons requiring judges to promote confidence in the integrity and impartiality of the judiciary, to be faithful to the law, and to refrain from showing bias or prejudice.

It does. Good riddance. Continue reading

Ethics Quote Of The Week, And A Few Related Diversions

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading

Ethics Dunce: Christ Church In Alexandria, Virginia

I’m sorry, George. You know. Morons.

Christ Church in Alexandria, Virginia—the city where I and my family live— announced that it will take take down a memorial plaque  marking the pew where Washington sat with his family.

“The plaques in our sanctuary make some in our presence feel unsafe or unwelcome,” church leaders said. “Some visitors and guests who worship with us choose not to return because they receive an unintended message from the prominent presence of the plaques. Many in our congregation feel a strong need for the church to stand clearly on the side of ‘all are welcome- no exceptions.”

The unspoken but implied rationale is that George Washington was a slave-holder, and that this outweighs everything else. Never mind that the entire white population when he was alive believed that blacks were a lower breed of human. Never mind that it would have been literally impossible to grow up in agrarian, slavery dominated Virginia as a member of the plantation class without embracing slavery. Never mind that Washington continued to ponder the injustice of the practice, and eventually decided never again to buy or sell another slave while advocating slavery’s eventual abolition.  In his will, Washington left directions for the emancipation after Martha Washington’s death, of all the slaves who belonged to him.  Never mind that.

Never mind that without George Washington’s courage, leadership, aversion to excessive power and astonishing charisma and trustworthiness, there would be no United States of America. Continue reading

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading

Morning Ethics Warm-Up, 10/24/17: It’s The Andrew Sullivan Show!

Still trying to clear the decks..

1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:

I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:

For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.

This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.

Bingo.

2. A post that fell through the cracks months ago involved one more example of California morphing into Bizarro USA. Then the post was about a speech-dictating bill passed by the legislature; this month, Jerry Brown signed it into law. The bill was SB-219, changing the laws regarding health care facilities, including nursing homes. Continue reading

Morning Ethics Warm-Up, 9/17/17: My Ethics Gig For The Boy Scouts, Dallas Heads Down The Slippery Slope (I Told You So!), More Sign Language Follies And Misbehaving Marshalls

GOOD Morning!

1 In an earlier Warm-Up, I criticized the needlessly distracting signers for the deaf who stood by gesticulating and mugging as various officials communicated safety measures for the public as hurricanes approached. Belatedly I ran across a YouTube entry from 2012, in which the poster happily commented that “Interpreter Lydia Callis steals the show during Hurricane Sandy press conference.” Interpreters are not there to “steal the show,” and the fact that so many of them think they should compete with the main speakers for audience attention proves my point.

They should stand off-camera, and in the venue, away from the podium.

Then there’s this guy:

From the Times:

As Hurricane Irma charged toward Florida, officials in a county on the state’s west coast held a news conference to inform residents of mandatory evacuation orders for those most at risk. “We just need you to be safe,” Robin DiSabatino of the Board of County Commissioners in Manatee County said at the Sept. 8 briefing. She urged those in low-lying areas and flood zones to seek higher ground and consider staying at shelters.

But for residents who were deaf or hard of hearing, the message was quite different: “Pizza,” the interpreter appeared to sign. Then, “Bear monster.”…

“It was atrocious,” said Howard A. Rosenblum, the chief executive of the National Association of the Deaf. Mr. Rosenblum, who is deaf, said through an interpreter in a phone interview that the association considered what happened a violation of the Americans With Disabilities Act. “We believe that Manatee County failed to provide information to the deaf and hard-of-hearing community to the same extent that it provided to all others,” he said….

The interpreter, identified by the county as Marshall Greene, could not be reached for comment.

Nicholas Azzara, a spokesman for the county, said in an email that Mr. Greene, who is a lifeguard for a county-run beach, has a brother who is deaf. Mr. Greene was asked to sign because there was little time to find an interpreter before the news conference.

It’s not unusual for family members of the deaf to have only a rudimentary understanding of American Sign Language, said Beth Barnes, a certified sign language interpreter who has several deaf family members, including her parents.

No, but it is unusual for a signer who agrees to translate crucial information for deaf viewers to not know what the hell he is doing. Greene defenders, quoted this morning on HLN, said that he was just trying to help out, and host Robin Meade, not having one of her smart days, muttered that the “poor guy” wasn’t doing a bad job “intentionally.”

Oh! That’s all right, then!

The ethical values being breached are trustworthiness, responsibility and competence. Greene is the passenger who volunteers to fly the airliner with a stricken crew and flies the plane into the ground nose first. Good intentions don’t matter. He volunteered for a job he was incapable of performing competently.

2. I don’t spend a lot of time saying I told you so, but it would be gratifying to receive some “I shouldn’t have doubted you” notes from all those readers who mocked me for suggesting last year that the slippery slope created and smoothed by the historical cultural airbrushing mobs on the Left would eventually lead to Founders like Washington, Jefferson and Madison.

Here is a Facebook post  from Dallas School District member Dustin Marshall, no relation to Marshall Greene (I will be applying to change my last name accordingly, probably to “Lee”…) Continue reading

Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading

Morning Ethics Warm-Up: 8/4/17

Good Morning!

1. An update to the Michelle Carter fiasco from Taunton, Mass., where the judge in the case discussed here sentenced the young woman to 15 months in jail for her supposedly deadly words, which “made” her boyfriend commit suicide. This classic example of the axiom “hard cases make bad law” provides the censorious camel’s nose access to the tent for advocates of  the criminalization of “hate speech,” opposition to climate change propaganda, and the gradual castration of freedom of speech. Carter should have never been charged or tried; doing so was an abuse of process, prosecutorial ethics and judicial ethics. I strongly suspect that the judge knows the case will be reversed on appeal as unconstitutional, hence his decision to stay the sentence, allowing Carter to remain free while her case winds its way to the Supreme Court. Meanwhile, her life will be stalled, and completely absorbed by the consequences of her texts urging teen Conrad Roy III to act on his expressed desire to kill himself, which he did. This is her real punishment, because the sentence will not and must not stand.

It is unethical to use the legal system this way. When the government takes it upon itself to punish citizens despite the absence of applicable laws, it is treading over the line dividing democracy from totalitarianism.

2. What is to be done about California? States have always maintained their own unique cultures, and that is a national strength. When a state’s culture becomes wholly estranged from and hostile to the values and principles of the nation it belongs to, however, it becomes a danger to that nation and perhaps to its citizens. What, if anything, is the responsibility of the federal government when this happens? What is the duty of the state’s elected officials?

Tucker Carlson’s creepy interview on Fox with a leader of the California secession movement,Shankar Singam, raised these questions and more. Among Singam’s jaw-dropping positions was that the documented exodus of middle class Californians and small businesses from the state was a good thing. “If everyone in the middle class is leaving, that’s actually a good thing. We need these spots opened up for the new wave of immigrants to come up. It’s what we do,” Singam told Carlson. He also told Carlson that “This is California. We’re not the United States.”

At least that settles the question of whether Hillary Clinton won the popular vote.

An ethical, responsible, loyal American governor would recognize the danger inherent in allowing his state to see itself as separate from the rest of the country, and actively work to reverse that dangerous trend and attitude. That governor is not Jerry Brown. Continue reading

From “The Ethics Incompleteness Principle” Files: Anomalies And The Boston Red Sox Uniform Number Retirement Standards

The Ethics Incompleteness Principle argues that no rule works in all circumstances, so you have to be alert to when making exceptions is appropriate. The concept is illustrated by how the Boston Red Sox retire uniform numbers.

I will explain…

Major League Baseball teams retire the uniform numbers of players who they want to honor in perpetuity. The number is displayed somewhere in the ballpark, and no player on that team can ever wear it again.

Doing this requires standards, however, or else the honor becomes diluted and the retired numbers include those that seem increasingly strange and arbitrary as time goes by. The New York Yankees have retired so many uniform numbers that no single digit will ever again grace the back of a Yankee star. Moreover, several of the individuals who sanctified those numbers include players who never were and never will be called “great,” like Bernie Williams, who led the league in exactly one category, once, in his entire career, and whose Similarity Score index contains all very good but not great outfielders, the most similar being Paul O’Neil, a former Yankee star whose uniform is not retired. Another retired Yankee uniform number is that of Roger Maris, who only played for the Yankees for six years, many of them unremarkable. Having one’s uniform retired in the Bronx along with those of Babe, Lou, Mickey and Joe appears to mean “Somebody in charge really liked him.”

Well, at least that’s a standard that is easy to maintain.

The Boston Red Sox, in contrast, were not going to have a retired uniform glut. The franchise established an iron set of criteria for the honor, with three prongs:

1. The player must be an inarguable Red Sox great who played at least 10 years with the team.

2. The player must be an elected member of the Baseball Hall of Fame in Cooperstown.

3. The player must retire as a member of the Red Sox.

Today the Red Sox are retiring the number of David Ortiz, who retired himself at the end of last season. While he might well be voted into the Hall of Fame, he may not, for complex and controversial reasons. The Red Sox, who could reasonably argue that Ortiz has been the most popular and important player in the team’s history (though Ted Williams was the best) rightly concluded that to delegate to the  Hall of Fame voters the determination of whether Ortiz’s #34 would be retired with lesser Boston heroes made no sense. Thus his uniform number will momentarily obliterate that second prong, which had already been waived once. In that case, the beneficiary was Johnny Pesky, a classic anomaly and line-blurrer. Continue reading

The Michelle Carter Verdict

Michelle Carter’s 18-year-old boyfriend, Conrad Roy III, had told her that he has been considering suicide. First, she told him to seek counseling, then  she changed course, texting him to go through with it. “The time is right and you’re ready, you just need to do it!” she wrote.  “You can’t keep living this way. You just need to do it like you did last time and not think about it and just do it babe.”

Later, she texted to Roy that his family accept his death, and that he would enjoy the afterlife. “Everyone will be sad for a while but they will get over it and move on. They won’t be in depression. I won’t let that happen. They know how sad you are, and they know that you are doing this to be happy and I think they will understand and accept it. They will always carry you in their hearts,” she texted.

“You are my beautiful guardian angel forever and ever. I’ll always smile up at you knowing that you aren’t far away.”

A week before the suicide, encouraging her boyfriend to be more diligent as he searched for the supplies he needed and then going through with his plan in these exchanges:

“Do you have the generator?”

“Not yet LOL,”

“WELL WHEN ARE YOU GETTING IT?”

“Now.”

“You can’t think about it. You just have to do it. You said you were gonna do it. Like I don’t get why you aren’t”

“I don’t get it either. I don’t know”

“So I guess you aren’t gonna do it then All that for nothing. I’m just confused. Like you were so ready and determined.”

“I am gonna eventually. I really don’t know what I’m waiting for but I have everything lined up”

“No, you’re not, Conrad. Last night was it. You keep pushing it off and you say you’ll do it, but you never do. It’s always gonna be that way if you don’t take action”

 “You better not be bullshitting me and saying you gonna do this and then purposely get caught.”

“No, none of that.”

On July 12, 2014, Conrad drove to a Kmart parking lot and connected his truck to a pump that released carbon monoxide. When he lost his nerve and got out of the truck, his girl friend texted him  to “get back in.”  She never alerted any authorities to stop the suicide attempt. The young man was found dead in his truck.

Yesterday, Judge Lawrence Moniz, of Bristol County Juvenile Court in southeastern Massachusetts, ruled that Ms. Carter, just seventeen at the time of her crime, committed involuntary manslaughter by urging Roy to kill himself. Continue reading