The Nation

How Long Will Black Bigots Like Elie Mystal Continue To Get The Benefit Of A Double Standard?

/ Jack Marshall / 17 Comments

Mystal

The question has been looming for many years, but intensifying of late. The cynical use of the fraudulent term “antiracism” to promote racism—but the good kind, where it’s white people who are the targets of stereotyping, hate and discrimination—has exploded on the culture, with many, many people, businesses and organizations too cowardly to stand up and say, “Enough.” At some point, decent Americans of all races will have to do so in great and overwhelming numbers. The alternative is too horrible to contemplate.

I was thinking of all this after reading a truly disturbing essay by Elie Mystal. Mystal is a black lawyer and pundit who teems with hate. The last time Ethics Alarms sullied its cyberpresence by mentioning him was in January of this year, when he tweeted this:

Elie Mystal

If you search for Mystal by using his tag here, or just use the Ethics Alarms search engine to find “Mystal,” you can get an even uglier picture of the man, a lawyer who has a double Harvard degree and has used it to spread the maximum amount of racism and racial division such credentials can permit. It is an open question whether Mystal is mentally ill, but if he is, it is a kind of mental illness that the Left now celebrates. And he has a apparently always been this way. In 2016, he advocated black jurors sabotaging the justice system:

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

I wrote, “Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.”

Well, he clearly isn’t working his way back, and won’t. The latest from Elie is a post in “The Nation,” where he is the “justice editor,” which tells you all you need to know about both “The Nation” and its readers. Mystal felt secure in revealing the dark depths of his hate by extolling his favorite video-game, “The Sims,” because it allows him to create the perfect neighborhood, or what he thinks would be one:

“….I picked a neighborhood and moved all the prepackaged Sims out. I moved my Sim family and Sim friends in. I have to be around Sims that I want to be happy, after all. No Republicans are allowed in my game. I’ve even deleted the files of prepackaged Sims that give me any kind of Republican vibe…. The friends I do put in the game are people I really like in real life, people I’m happy to be reminded of as my Sim-self jogs through town… My world is much browner and, well, gayer than what I started with. That’s just what happens when you let Sims flirt with whomever they want and marry people who share their interests. But I do occasionally have to add a family I don’t personally know just to decrease the chances of inbreeding: So, the Obamas are in my game. Sasha grew up and married my grandson. I’m buried in their backyard. Frankly, I couldn’t write a better utopian postscript for myself: a founding member of a brown, gay, rainless world that banished Republicans who is buried under the kiddie swing of his progeny…. Sometimes, I just need the terrible world to leave me alone with my doll.” 

Continue reading →

Saturday Ethics Depression, 8/8/2020: Irresponsible Parents, Irresponsible Voters, Irresponsible Troll-Makers

/ Jack Marshall / 6 Comments

This is my state of mind today.

I began today driving for two hours to find a meeting for which I had been given the wrong address, and, like the fool that I have always been, didn’t bring along the phone number of anyone who could help me. It is during ordeals like this that I begin to reflect on what a failure and underachiever I am, and how I really don’t have enough time left for turnaround. All that privilege,  and good fortune, wasted. And I have no one to blame but myself.

Then I had to write about the stuff you’ll find below, and I got really depressed.

1. “Nah, there’s no mainstream media bias, and why aren’t you agreeing with what I say?” House Speaker Nancy Pelosi got angry when PBS NewsHour” anchor Judy Woodruff dared to ask a question that cahllenged the Democratic Party position in dispute with Republicans on over the content of a “Phase 4” Wuhan Virus aid bill.

When Woodruff asked Pelosi about the “flexibility” GOP lawmakers are showing in terms of allocating more money for state and local governments, as well as Republican arguments that “much of the money” allocated in the CARES Act “has not even been spent yet,” Pelosi snapped,  “Well, if you want to be an advocate for them, Judy, if you want to be an advocate for them, listen to what the facts are.”

In other word, “Hey! You’re supposed to be on our side!”

Actually, ethical journalists are not supposed to be on anyone’s side, but that quaint ethics  concept has been abandoned by virtually all journalists, including  Woodruff.

“I’m playing devil’s advocate here,!” Woodruff protested. You know, the devil, Republicans—same thing!

2. Better yet, don’t ride the subway! Here is a Wuhan virus safety sign from the New York City subways.

In addition to telling people they should wear masks, it goes to the next level and wants people to avoid interacting at all. This is incompetent messaging and  shows a basic misunderstanding of humans in general and American in particular. It also makes me suspicious: Big Brother is still working to make as all compliant automaton. If we can’t talk, we can’t resist.

It reminds me of the early “don’t touch you face!” warnings. People touch their face thousands of times a day. That message made me skeptical of all the advice from “experts” and governments, and indeed, you hardly hear it any more.

Social interaction is essential to life. Continue reading →

Morning Ethics Warm-Up, 11/6/19: Goose Shit!

/ Jack Marshall / 14 Comments

Good morning!

My best friend of long standing’s  favorite singer is Nat King Cole. He really doesn’t sound like anyone else, does he? I wonder how many millennials have heard his amazing voice, or would have the perspective to appreciate it.

Speaking of listening, I was prompted this morning to reflect on what a vital life-competence skill listening is. It is really an acquired skill: various Facebook discussions make it clear that most of the Facebook Borg warriors are no longer listening (or otherwise paying attention) to any information that doesn’t bolster their confirmation bias.

What made me think about this today was happening upon an early morning showing of “Casablanca” on Turner Movie Classics. I must have seen the classic a hundred or more times since  first watched the whole movie in college, and yet today was the first time I heard what “Rick” Blaine’s real first name was. All the other times I watched the movie, this passed by my consciousness without leaving a trace, but his real name is used three times. (Hint: it’s not Richard, though that’s what Ingrid Bergman calls him…)

1. A great President in many ways, but also a terrible human being. Watch the culture and the news media bury this. “The Jews Should Keep Quiet: Franklin D. Roosevelt, Rabbi Stephen S. Wise and the Holocaust,” a new book (published in September) reveals new archival evidence that shows FDR’s callous and bigoted treatment of European Jews prior to and during the Holocaust. I know the author, Dr. Rafael Medoff of the David S. Wyman Institute for Holocaust Studies, as a result of his assisting The American Century Theater with several productions that involved the Jews and Israel.

The book’s revelations are not shocking to anyone who had looked at the evidence objectively even before this new material, but Roosevelt is a hallowed Democrat Party icon, and it has been, and I assume will continue to be, resistant to any effort to inform the public of this horrific moral and ethical failing, one of  many FDR was guilty of inflicting.  From a review: Continue reading →

Morning Ethics Warm-Up, 8/7/2018: Back in the USSR

/ Jack Marshall / 18 Comments

Good Morning!

1. Self-Promotion Dept. I’m heading off to New Jersey today, to present one of my musical legal ethics seminars—3 hours!—for the New Jersey Bar Association. The real star is my long-time partner in these shows, New York-based singer/musician Mike Messer, who channels Freddie Mercury, Bob Dylan (with harmonica!), Paul Simon, even Johnny Cash in the various song parodies.  This one is called Ethics Rock Extreme, and ends, like all of my musical seminars, with a sing-along. Yes, we get lawyers to sing the chorus of the “Piano Man Parody”…

Sing us the Rules, you’re the ethics man
Sing us the Rules tonight!
We’re stuck in an ethics dilemma here
So tell us what’s wrong and what’s right!

(No, “Back in the USSR” is not one of the songs we do.)

2. First Amendment for me, but not for thee: In an embarrassing episode that is also telling, the Newseum has capitulated to a storm of protests from journalists and will no longer sell its popular “Fake News” mercahndise…like this shirt…

online or in its gift shop. “We made a mistake and we apologize. A free press is an essential part of our democracy and journalists are not the enemy of the people,” the Newseum announced Saturday in a groveling blog post. “Questions have also been raised regarding other merchandise. As an organization that celebrates the rights of people from all political spectrums to express themselves freely, we’ve historically made all types of political merchandise available for our guests to purchase. That has included former and current presidential slogans and imagery and merchandise from all political parties. We continue to do so in celebration of freedom of speech.”

Translation: “In celebration of free speech, we will acquiesce in the censoring of a particular expression of opinion on a humorous T-shirt, because it hurts journalists’ feelings.”

Again, I ask: why does anyone trust journalists and the organizations they represent? Continue reading →

An Ethics Hypothetical: If “The Nation” Is Right About The DNC Hacks, How Should Democrats And The Mainstream Media React?

/ Jack Marshall / 33 Comments

And how will they react?

Yesterday, The Nation, the most Left of the Left’s major national publications, reported this:

  • There was no hack of the Democratic National Committee’s system on July 5 last year—not by the Russians, not by anyone else. Hard science now demonstrates it was a leak—a download executed locally with a memory key or a similarly portable data-storage device. In short, it was an inside job by someone with access to the DNC’s system. This casts serious doubt on the initial “hack,” as alleged, that led to the very consequential publication of a large store of documents on WikiLeaks last summer.
  • Forensic investigations of documents made public two weeks prior to the July 5 leak by the person or entity known as Guccifer 2.0 show that they were fraudulent: Before Guccifer posted them they were adulterated by cutting and pasting them into a blank template that had Russian as its default language. Guccifer took responsibility on June 15 for an intrusion the DNC reported on June 14 and professed to be a WikiLeaks source—claims essential to the official narrative implicating Russia in what was soon cast as an extensive hacking operation. To put the point simply, forensic science now devastates this narrative.

“This narrative” has been a cornerstone of the effort, undemocratic and indefensible, to undermine the legitimacy of Donald Trump’s Presidency from the beginning. It was launched as a primary rationalization for Hillary Clinton’s stunning loss, James Comey and a sexist, racist, stupid electorate being the others. As the Nation writes,

“The evolution of public discourse in the year since is worthy of scholarly study: Possibilities became allegations, and these became probabilities. Then the probabilities turned into certainties, and these evolved into what are now taken to be established truths. By my reckoning, it required a few days to a few weeks to advance from each of these stages to the next. This was accomplished via the indefensibly corrupt manipulations of language repeated incessantly in our leading media.”

The Nation’s report, essentially declaring that a major element in the “Russiagate” narrative, the DNC hacks, is fiction, that the intelligence agencies that declared it otherwise are wrong, and that Wikileaks, Russia, Putin and Donald Trump have been correct all along is noteworthy because the publication is no ally of the Republicans or Trump, but their declared intractable foes. This is an ideological publication, squarely in Bernie Sanders’ camp because it is run by Socialists like Bernie. But bias doesn’t necessarily make you stupid. The Nation has been around for a long time because while its analysis is colored by it view of humanity and the world, it has largely avoided the kind of dishonesty and distortion that are slowly destroying the credibility of CNN, Rolling Stone, the New York Times and others. The Nation has strived to maintain its integrity, not always succeeding, but obviously trying. Its staff believes that the truth supports its dedication to socialism, so it does not usually try to hide the truth—unlike the mainstream media reporters, for example, who apparently tried hard to make the troubling episode of Bill Clinton’s meeting with Loretta Lynch go away. Continue reading →

Fairness To Ben Carson: There Is Nothing Wrong With Considering A Presidential Candidates’ Religion And Its Influences

/ Jack Marshall / 9 Comments

It's true: if you don't think an Amish man should be President, you're violating the Constitution. Or something. Wait...What was the question again?

It’s true: if you don’t think an Amish man should be President, you’re violating the Constitution. Or something. Wait…What was the question again?

As with Donald Trump, I am once again faced with having to defend a Presidential candidate who should not be running and should have fewer supporters than Ted Nugent has functioning brain cells. For the second time in two days the victim is dead-eyed, hubris-infected, “I’m not a politician so I am allowed to be a lousy speaker and campaigner” Ben Carson, the candidate for those who are so disgusted with a President with no executive experience that they want a new President with no government experience or executive experience.

The gleeful news media freak-out spurred by the doctor’s silly generalities about the qualifications of Muslims for the U.S. Presidency was already embarrassing and intellectually dishonest (hence yesterday’s post) before the latest nonsense. The current narrative is that Dr. Carson doesn’t understand the Constitution. No fewer than three columns this morning in the Washington Post alone carried that message, and all quoted the same passage: Article VI’s directive that “no religious test shall ever be required as a qualification to any office.”

Dr. Carson didn’t say that there should be a religious test for the Constitution. It is critics like Pulitzer Prize winning columnist Eugene Robinson, not Carson, who apparently don’t understand the Constitution. See, Eugene, Dana Milbank, Michael Gerson, Ted Cruz, The Nation, Whoopie Goldberg, Rachel Maddow, and too many others to name, the Constitution doesn’t tell citizens, including citizens you don’t like to see running for President, that they can’t use a religious test for any office, it says that the government can’t.

Did you miss that part?

I don’t know how! Continue reading →

A Chaos Theory Law, An Anomalous Case, And Charles Grodin’s Lament

/ Jack Marshall / 34 Comments

I swear, I'm not trying to belittle Charles Grodin by posting this photo of him back when he earned his living with his primary talent, which was comedy. I just want you to recall who the guy is, since he and the Nation obviously would like you to forget.

I swear, I’m not trying to belittle Charles Grodin by posting this photo of him back when he earned his living with his primary talent, which was comedy. I just want you to recall who the guy is, since he and the Nation obviously would like you to think he’s somebody else.

Charles Grodin doesn’t like the felony murder rule.

The felony murder rule, which essentially holds that anyone who is proven to have been involved with a felony during which someone was killed is guilty of First Degree Murder, is one of the harsher devices in American jurisprudence. I must confess, I sort of like it, and always have. Like all laws, however, it doesn’t work perfectly all the time.

The reason I like the rule is that it acknowledges the real danger of initiating felonies, crimes that are serious and destructive. If you burn a business down to collect the insurance, for example, you should be held responsible by the law if the fire gets out of control and someone is killed. The law combines criminal and civil offenses; the felony murder rule is like a negligent crime principle. It is a law that implicitly understands Chaos Theory at a basic level: actions often have unpredictable consequences, and even if the consequences are worse than you expected or could have expected, you still are accountable for putting dangerous and perhaps deadly forces in motion. If you commit a felony, you better make damn sure you know what you are doing, because if people get killed,  you will be held to a doubly harsh standard. Better yet, don’t commit the crime. Continue reading →

Ethics Tales From The “Occupy” Movement

/ Jack Marshall / 25 Comments

1. Integrity Check

"This week only: half-price on all chicken suits!"

Reports out of Occupy Wall Street, unconfirmed but apparently credible enough for New York’s Mayor Bloomberg to rely on them, suggest that the “Occupy” gang is refusing to report the various criminals in their midst, opting instead to protect the colony by ejecting and banishing them….and, of course, inflicting them on somebody else. Such wrongdoers range from simple thieves to sexual predators, or, as in Occupy Oakland,  the violent provocateurs who have seeded riots. They might not even be banished…just protected.

How ironic. The ethical rot in America’s institutions, from government to the business world, to religions and Hollywood, to athletic teams and academia, manifests itself by a progressive willingness to ignore misconduct, lawlessness, and unethical conduct among colleagues and others within the group, cementing a “them vs. us” mentality that encourages increasingly irresponsible conduct and erodes integrity. The so-called 99% have the same vulnerability to corruption as the 1% they revile. Continue reading →

Bottled Water Ethics

/ Jack Marshall / 1 Comment

The Nation, with some good links, makes the rather easy case that giving up bottled water is the most ethical course, not to mention the frugal and logical one.

The one exception where bottled water can be justified is for air travel, since one can’t bring bottled anything through security and the airlines are stingy with drinks. Even in that case, there is a more responsible alternative: bringing  empty water bottles and filling it from a water fountain after going through security.

If only I could remember to take the damn thing…