A Strange And Disturbing Conversation…

It’s baaaack!

Yesterday I did a pro bono ethics presentation for a local lawyer group. During the lunch, which, as usual in such situations, I never got to eat, I was seated next to a lively, intense, talkative young man, like the rest of my audience, a corporate counsel. The discussion was oddly tentative for a long time, which the lawyer’s body-language suggesting wariness and his verbal choices suggesting unusual care. He was probing for something, and I couldn’t tell what. What was it that they vibe reminded me of? Poker? A job interview? Suddenly I realized what it was: the conversation had the tenor, though not the implied subject matter, of those awkward conversations I recalled from parties and encounters where a new male acquaintance was trying to figure out a) whether I was gay and b) whether, if I wasn’t, he could trust me enough to say that he was.

In this case, however, the young man was probing to see if I hated President Trump. I don’t know which comment of mine put him at ease, but suddenly it all poured out. This lawyer and Haitian-American immigrant was an enthusiastic supporter of the President’s policies and leadership style. Once he was certain that I would not look at him like he was the spawn of Satan for daring to express such a view—which he explained extremely logically and eruditely—we had a fascinating discussion, covering illegal immigration, the news media’s bias, the “resistance,” racism, muscular foreign policy leadership, the 2016 campaign,  and more.

However, the fact that simply expressing support for the elected President of the United States, even limited support, indeed even the absence of affirmative contempt, is considered such a perilous social stance that citizens are afraid to express it among their peers demonstrates the monstrous—I think that’s a fair adjective here—intimidation and speech suppression that has been perpetrated by the Left since the 2016 election. Hate is such a powerful emotion that even when it is unjustified, the threat of it being focused on you now keeps Americans from openly expressing their opinions. This is a thought and attitude control strategy, weaponizing the Cognitive Dissonance scale (above) to achieve power and control. If you have this position, we will hate you. Be warned. The message goes out in a thousand ways, especially on social media, but in face-to-face encounters as well, with family, in the workplace, and in social situations.  Some—I think a surprising number–have the strength to resist it as the unethical compelled political conformity tactic that it is. Still, many capitulate, at least in public.  The tactic is even turned on experts and analysts with integrity as well, as in this Politico essay about Alan Dershowitz, which carries the message that a good liberal should not be making the case that the criminal law is being abused and civil libertarian principles discarded as the Left attempts to undo an election by any means necessary. The effectiveness and intimidating weight of the implied threat of shunning is acknowledged by what one blogger describes as the “Trump Bump”—“that little obligatory hiccup in which the speaker on any given topic must pause to make a pejorative reference to Donald Trump before going on, in order to establish his or her bona fides as a good person. ” Continue reading

Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

Good Morning!

1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:

“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”

Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.

Birthdays deserving of more public remembrance than Karl’s: Arnold Stange, Harold Staasen, Melody Patterson, and Phil Linz, among others, as well as every world citizen who lived his or her life without playing a role in making the planet more miserable. Continue reading

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading

Comment Of The Day: “’Gotcha!’ Ethics (Or The Absence There-Of): The Solicitor General Misspeaks”

Speaking of the context in which the Solicitor General made a verbal gaffe that would have been ignored had his brief not supported Trump policy, slickwilly reflects on one of the most peculiar of the new standards Democrats and progressives are attempting to apply to this President when they would have considered parallel efforts with Democratic White House occupants laughable.  This the argument that President Trump’s often hyperbolic campaign verbiage must be regarded as permanent and unrepealable statements of deeply held motives, intentions and beliefs.

Here is slickwilly’s Comment of the Day on the post,“Gotcha!” Ethics (Or The Absence There-Of): The Solicitor General Misspeaks:

The assertion was the later words could not negate things said while campaigning, in other words, campaign rhetoric and promises. This is a peculiar stance to take: politicians say things all the time that are rhetoric, hyperbole, misstatements, partial truths, and outright lies.

(Not to mention that if EVERY POLITICIAN were held to this standard, we would not have any left.)

If you like your plan… if you like your doctor… hope and change… require employers to provide seven sick days year… Close the Guantanamo Bay Detention Center… Allow five days of public comment before signing bills…Tougher rules against revolving door for lobbyists and former officials …” Continue reading

Comment Of The Day: “The Good Faith Of The Justice Department”: Sure.

This Comment of the Day is short but provocative. I have had it in a pending file for a while. What triggered my determination to run it now was this tweet cum meme, courtesy of Instapundit, by Harvard Law professor Adrian Vermeule:

I considered making the profesor’s tweet an Ethics Quote of the Week. I considered using it in an Ethics Quiz: “Would it be ethical to post this on Facebook, knowing that it will convince none of the Trump Deranged among my friends and merely cause their already weakened heads to explode?” I hate memes, and wondered weather this was too close to one to post without hypocrisy. And yet: Prof. Vermeule is absolutely correct. His brief tweet neatly consolidates what Ethics Alarms has been covering since the 2016 election, and why I believe that the progressive/resistance/Democrat/mainstream media/ Deep State alliance”s unethical efforts to delegitimize and undermine this President is doing—and will continue to do—far more damage to the nation than the Presidency of Donald Trump, even if he lived down to his foes’ worst assumptions.

Here is Humble Talent’s Comment of the Day on the post, “The Good Faith Of The Justice Department”: Sure. Humble promised that he would have a lot more to say on the topic. I’m counting on it.

 Since the election of Trump, I have seen the brains of otherwise intelligent and competent people liquefy and trickle out their ears in real time.

One of the most interesting symptoms of that liquefaction has been the invention or re-invention of all sorts of professional rules, policies and laws, specifically and discreetly to the detriment of this administration. When something new happens, something that has a burden of proof so high that it has never before been breached…. The Resistance desperately wants that to be the result of an abnormal presidency… But in reality it’s the response that is abnormal… It’s the height of naivete to assume uncritically that this was done properly.

 

I’m Not Exactly Saying Shut Up And Sing, Shania, But If You Are Going To Talk About U.S. Politics, A) Know What You Are Talking About, And B) Don’t Back Down When The Thought Police Arrive

Canadian Country music superstar Shania Twain told  The Guardian that she “would have voted for” President Trump if she was an American citizen  “because, even though he was offensive, he seemed honest.” She added,  Do you want straight or polite? Not that you shouldn’t be able to have both. If I were voting, I just don’t want bullshit. I would have voted for a feeling that it was transparent. And politics has a reputation of not being that, right?”

This off the cuff answer roused the social media anti-Trump Furies, and a hashtag, #ShaniaTwainCancelled, was born. Fearing that allowing a non-conforming opinion that the thought-policing Trump-hating Left had decreed was impermissible would harm her income stream, Twain instantly collapsed like the filling station in “It’s a Mad, Mad, Mad, Mad World.”

As Ann Althouse amusingly put it, “By evening poor Shania — the erstwhile lover of no bullshit — had apologized.” She tweeted,

“I would like to apologise to anybody I have offended in a recent interview with the Guardian relating to the American President. The question caught me off guard. As a Canadian, I regret answering this unexpected question without giving my response more context I am passionately against discrimination of any kind and hope it’s clear from the choices I have made, and the people I stand with, that I do not hold any common moral beliefs with the current President. I was trying to explain, in response to a question about the election, that my limited understanding was that the President talked to a portion of America like an accessible person they could relate to, as he was NOT a politician ”

Observations:
Continue reading

Comment Of The Day: “Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition”

I’m always up for a little United Nations bashing, as a good argument can be mounted that an organization that pretends to further the aims of world peace and international cooperation and does so incompetently, fecklessly and corruptly is worse than no such organizations at all. I’m also always up for pointing out that this much maligned President is so much more competent at international politics and foreign affairs than Barack Obama that his domestic foes can only deal with it by double standards and transparent dishonesty.

This is as good a time as any to mention that Ethics Alarms passed the 9000 post landmark this week, and those posts (over less than nine years) have sparked 222, 231 comments so far, at a steadily increasing rate. Say what you will about the blog: it doesn’t lack for content. Or diverse topics: at last count, there were 24, 393 tags. That’s a lot even if you allow for the misspelled ones.

Here is Steve-O-in NJ’s Syria bombing-inspired Comment of the Day on the post, Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition:

The UN has been worthless by design from the get-go. Any institution that gives certain members an absolute veto over any action by that institution isn’t going to get anything done, especially when one of those members, the USSR and now Russia, is going to abuse that privilege. The institution as a whole is completely without a moral compass, and shows zero judgment or even consideration what nations it allows to sit on what committees. It’s a bad joke when Syria is about to sit on a committee concerning chemical weapons and Iran and North Korea can sit on committees regarding human rights. Other than Korea (because the USSR walked out), name one situation where the UN stepped in and took decisive action.

As for criticism of the President for finally taking action [in Syria], I think he actually did a pretty good job of fooling the media and probably others by making it look like he was backing off the immediacy of the attack to do some more coalition building with the allies and to let the USS Truman and its battle group get into position, which they should do in the next couple of days. Of course that led to a lot of talk about how this would just peter out, that Trump wasn’t going to enforce anything just like Obama didn’t and so forth. It turns out the coalition was already ready to go, and the forces in the area were plenty up to the task already. Maybe a dozen aircraft and five ships did the actual firing of weapons, including 30 missiles fired by the cruiser USS Monterey (a big reason to keep the Ticonderoga-class cruisers sailing).

I can understand some of the reactions. It’s just politics as usual, necessary action when your party’s President does something, but reckless or wrong or whatever when the other side’s President does it. There are a few principled peaceful people, who can be ignored, saying any use of force is wrong under any circumstances  and a few folks justifiably gun-shy because of the mess that Iraq became. Continue reading

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading

Morning Ethics Warm-Up, 4/16/2018: The Integrity Edition

Good Morning!

1. James Comey, Cognitive Dissonance Dunce. The anti-Trump obsessed won’t be able to see it, but rogue ex-FBI director James Comey is doing an immense favor for President Trump and Republicans by single-handedly framing his campaign against the man who, it is increasingly obvious, correctly fired him (as Hillary Clinton would have done even faster) as that of a classic vengeful disgruntled employee and nothing more, or better. Even Time op-ed writer Charles Blow, whose every column since the election has been some paraphrasing of “I hate Donald Trump,” was forced to observe that Comey is an especially dislikable foe (as is Blow himself). The sheer number of loathsome Trump-bashers has a natural Cognitive Dissonance Scale effect that the President’s critics can’t seem to fathom.

Normal, fair-minded people whose natural instinct is to run from the likes of Nancy Pelosi, Ted Lieu, Hillary Clinton, David Hogg, Joy Reid, Bill Maher, James Comey, Robert DeNiro, Alec Baldwin, Stormy Daniels and the rest will find themselves, almost unconsciously, siding with the President rather than this basket of deplorables, because, you see, he is the President, and who wants to be identified with that crew?

In his ABC interview, which successfully marked Comey as Just Another Trump-Deranged Resistance Warrior, he actually said that Trump was “morally unfit” to be President. First of all, it is the electorate, not James Comey, that decides who is morally fit to be President.  Comey’s assessment is no more or less valid than that of anyone else. Second, the statement is ridiculous on its face. If Comey had an interviewer with any knowledge of Presidential character and the history of the office, plus the wit and integrity to expose  an ignorant opinion when one is broadcast coast to coast, he would have been asked..,

Was Thomas Jefferson morally fit to be President? Has Donald Trump kept his wife’s sister as a concubine and slave? Was Andrew Jackson morally fit to be President? Has Donald Trump killed anyone in an illegal duel? Was Grover Cleveland morally fit to be President? Did Donald Trump ever have a woman committed to an institution to silence her about their sexual relationship? Was Woodrow Wilson morally fit to be President? Has Donald Trump endorsed the Klu Klux Klan? Was Franklin Roosevelt morally fit to be President? Has President Trump ordered U.S. citizens into prison camps? Was Richard Nixon morally fit to be President? LBJ? Bill Clinton?

The Presidency is self-defined by its past occupants, and “moral fitness” is not a characteristic that comes to mind when considering what qualities are identified with successful, popular or effective Presidents.

2. Whither the ACLU? Alan Dershowitz has authored a searing attack on the ACLU’s lack of integrity demonstrated by its failing to condemn the Justice Department’s raid on lawyer Michael Cohen’s home and office. He writes in part, Continue reading

Ethics Observations On The Michael Cohen Raid

The FBI raided the Rockefeller Center office and Park Avenue hotel room of Michael D. Cohen, President Trump’s longtime personal lawyer, seizing business records, emails and documents related to several matters, including  payments to porn star Stormy Daniels.

What’s going on here?

Your guess is as good as mine. The options are endless. Today, for example, the New York Times is reporting that the raid was in part to find records related to the infamous, Billy Bush “Access Hollywood” tape  where Trump made his pussy-grabbing comments, according to the typical New York Times anonymous sources. What could that possibly have to do with Russia and its efforts to interfere with U.S. elections? Why would that material justify a raid on the President’s lawyer? The FBI also sought documents related to payments Cohen facilitated made to two women who claim they had affairs with Trump, Karen McDougal and Stephanie Clifford, as well as information on the role of the publisher of The National Enquirer in silencing the women. The raid could be a desperation fishing expedition. It could be part of an effort to intimidate Trump’s lawyers. It could be a sign that there is evidence of actual criminal activity that Cohen was covering up on behalf of his client. It could be the last-ditch effort by a corrupt FBI and Justice Department to bring down a President before he can bring them down.. Anyone who claims to understand this unusual tactic by Special Prosecutor Mueller is engaging in confirmation bias, and risking looking like a biased fool.

Observations: Continue reading