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

Morning Ethics Warm-Up, 3/20/18: Life, Death, Fairness, Dissonance And Sanity

1 Let’s see more of such Ethics Heroes, please… In Upper St. Clair, Pennsylvania,  John Orsini, has gone to court to stop his ex-wife from allowing their son, 17-year-old Antonio, from playing high school football in his senior year. Antonio has already suffered at least three concussions. Antonio’s mother and John’s ex-wife, Janice, says that her son understands the risks, and that doctors have OK’d his continued play.

But he doesn’t understand the risks—apparently neither do those doctors—and he is considered a minor under the law because teenagers are prone to poor reasoning and impulsive decisions…especially when they have incipient brain damage.

CNN is eager to hear his position on gun control though. But I digress..

Says the CBS news story: “John contends that after these concussions and sub-concussive hits, medical research shows that Antonio would be in grave danger if he continues to play football.” He contends? There is no contention: that is fact.

“I’m trying to save his future. I’m trying to save his life,” he said of his son.

Janice and her attorney issued a statement, saying in part,

“The mother and her 17-year-old son have reasonably relied upon the input and opinions of his treating physicians and medical providers, and have considered the state mandated safety and concussion protocols followed by the school district, in deciding whether it was appropriate for him to continue to participate in football.”

John believes the court will side with him.  “If you have a significant indication that the child is being placed in harm’s way, and it’s brought to court to protect the child, it’s the court obligation to do so,” he says. I wouldn’t be so sure. This is football country, and football fanatics are in denial. They’ll get thousands of children’s brains injured before they are through.

“I’m hopeful that my son will just go on, get a good education and lead a healthy life. That’s all I want,” said John, whose other two sons no longer speak to him over this conflict.

Good luck.

Let’s hope Anthony is given then chance to grow smarter than his mother.

2. Let’s see, which Trump Derangement news media story should I post today? Every day, every single day, I have literally dozens of biased, vicious, stupid, unprofessional and blatantly partisan mainstream media news reports and pundit excesses to flag as unethical. Here, for example, is a New York Times columnists advocating for Rex Tillerson to betray all professional ethics, confidentiality, trust and responsibility by revealing everything he heard or saw as Secretary of State that could undermine Trump’s administration. It’s called, “Burn it down, Rex.”

Let me repeat: for journalists to set out to intentionally poison public opinion against the elected President of the United States by manipulation and hostile reporting is unethical and dangerous. This conduct has been the single largest ethics breach in the culture for more than a year, and one of the worst in U.S. history. In strenuously condemning journalism’s abdication of its duty to support democratic institutions and to remain objective and responsible, I am not defending Donald Trump. I am attempting to defend the Presidency itself.

Today I pick…this: Continue reading

These Are Really The People Who Are Informing The American Public? Isn’t That Terrifying?

Jill Abramson was a New York Times executive editor and is a fairly representative example of what the Times culture nurtures. In a uniformly embarrassing column for The Guardian, she concluded with this:

“It’s easy to look at what’s happening in Washington DC and despair. That’s why I carry a little plastic Obama doll in my purse. I pull him out every now and then to remind myself that the United States had a progressive, African American president until very recently. Some people find this strange, but you have to take comfort where you can find it in Donald Trump’s America.”

Observations:

1 There was a great deal to take comfort in last week “in Trump’s America.” The February job report shattered expectations, for example, sending the stock market soaring again,. Despite doomsday predictions that Trump’s refusal to pander to North Korea’s sabre-rattling dictator would trigger a nuclear war, it appears that the rogue nation wants to talk. For those American who are dedicated to the rule of law, the Attorney General’s aggressive action to challenge California’s revival of the pre-Civil War nullification doctrine was extremely welcome. Although the position of the Angry Left and “the resistance” is that the elected President remaining in the White House is itself cause for despair, more rational souls are willing to assess the administration on results more than style. Results have been, to an unexpected extent for those not ideologically inflexible, positive in many areas….and certainly not so negative that the only recourse is Obama dolls.

2. Abramson, like so many of her comrades, appears to dwell in a reality of her own construction. Contrary to her claims, the President’s approval ratings are not sinking, and some polls suggest the opposite. “The Blue Wave” she fervently hope for increasingly looks like wishful thinking and hype: citing the defeat of Roy Moore as indicative of anything (other than the fact that a racist, homophobic, law-defying judge can’t get elected Senator regardless of what party claims him), is an admission that real evidence of such an impending wave is lacking. Continue reading

Comment Of The Day “Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition”

Chris Marschner, who has had several, scored another Comment of the Day today with his reflections on the strange nature of “obstruction of justice ” charges, when justice would in fact be for no charges to be brought at all.

He was focusing on #3 in today’s warm-up,  which discussed yesterday’s “resistance” theory that  allegations  that the President wanted to fire the Special Prosecutor (but didn’t) prove that he was trying to obstruct justice when he fired James Comey, who so, so deserved it.

I see unmistakable signs that the “resistance” is losing its already tenuous grip on reality, and is increasingly yielding the raw hate and fury that long ago supplanted any rational criticism of Donald Trump. Consider has-been Leftist documentarian Michael Moore, who with fellow progressive performers Mark Ruffalo, Whoopi Goldberg, Rosie Perez and Cynthia Nixon, who have to do something between jobs, is pushing  Monday’s Counter-State of the Union , which is only slightly more sensible than the “scream pointlessly at the sky” event. Remarkably, among Moore, Whoopie, Rosie, Cynthia and Mark there isn’t a single political science, history, economics, or government major. In fact, there isn’t a single college degree of any kind between them, or business, government or executive experience of any kind.

 Michael Moore, speaking on behalf  of MoveOn.org (Do the Time’s Up and #MeToo crowd recall that Move-On was spawned to protest Bill Clinton facing accountability for his cover-up of sexual misconduct? Nah.), sent out an email that read in part, before the fundraising pitch,

Donald J. Trump has proven himself to be completely unfit for office, a threat to our country, and an imminent danger to the world. He is not well; he is a malignant narcissist and an active sociopath. And because he holds the codes to fire nuclear weapons, he is a singular threat to humanity.

This situation is a nightmare. And the only reason that things aren’t FAR WORSE than they already are is that millions of us have come together to engage in our democracy, resist, and organize.

But our problems go far beyond one sociopath president. The mission that we are on and the work that we must do is to tear down the rigged system that produced Trump in the first place. We must imagine the America that we want to live in. We must create the post-Trump America.

And this is actually possible: The fierce, determined Resistance movement that began after Trump’s election could create an avalanche at the polls this November. Together, we can stop Trump and the GOP and begin the work of creating the country that we imagined.

The country the Moore imagined was called the USSR. But I digress.

Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition: Continue reading

Two Ethics Heroes : Media Critics Jeff Greenfield And Howard Kurtz

 

Maybe there are some cracks in the wall. God, I hope so.

Two media critics affiliated with major news organizations have recently come right out and stated what we have been talking about here on Ethics Alarms regarding the failure of journalists to observe core ethical standards in their commitment to bring down a President who horrifies them, and who has not taken his abuse lying down, as Presidential norms previously required.

The sharp contrast with Greenfield and Kurtz’s remarkable candor that marks most of their industry was on display today, as The Washington Post held a series of panel discussions and aired live video around the theme “Americans & The Media: Sorting Fact from Fake News.” One  segment featured Post political reporter Dan Balz, one of the Post reporters I would categorize as a straight-shooter most of the time, talking to PBS NewsHour anchor Judy Woodruff and Fox Special Report host Bret Baier. Woodruff’s comments were obtuse and depressing, but typical of most journalists and their defenders.

 BALZ: Judy you said something recently  I want to read to people: “You shouldn’t go into journalism if you want to win a popularity contest. If you’re doing your job, there are always going to be people who criticize your reporting. But we’ve never been at a place like we are today where there’s practically an entire industry around criticizing the media and holding the mainstream media up as suspect [ Balz didn’t read, but she also wrote, “and out to destroy an entire political philosophy in this country.” Well I said “most of the time.”]. I think the term ‘fake news’ has done a lot of damage to the media.” Describe the damage.

WOODRUFF: The damage is in the minds and the eyes of people who are consumers all across the country. And you see it in the polls. You see it in this [Knight Foundation] poll, a lessening of trust in the news media. I believe – it sounds corny, but I believe so passionately that a free press, free media, the role that we play, news media in our democracy, is part of what holds democracy together. And if enough Americans start thinking the press is not to be believed, that we are to be shoved to the side, regulated, or treated, controlled in some way, then I think we’ve got real problems. Even if it doesn’t get to that point, and they just don’t believe what we’re doing, then I think our democracy is weakened, and I think that’s what’s happening.

Got that? It’s the critics who are undermining the news media, not the unethical news media conduct that justifies the criticism! This quote is astounding. Journalists like Woodruff don’t see anything wrong with how they are doing their job, or rather not doing it. What harms democracy, Judy, is journalists behaving so unethically that the the public loses trust in them, not the criticism.

Now here are the two Ethics Heroes that do not parrot Woodruff’s defensive spin: Continue reading

Morning Ethics Warm-Up, 1/22/2018: The Returns Of A Terrible Idea, A Times Mania, And Lord Acton’s Observation

Morning!

1. Bad Ideas Never Die Dept. The Obama Administration  killed an unethical Bush Administration rule that permitted a wide variety of health care workers to refuse to administer treatments and procedures they found morally repugnant, what the Bush administration termed workers’ “right of conscience.” It was, and is, a terrible idea; The American Medical Association  explained why, in the context of opposing conscience outs for pharmacists, when it declared..

“RESOLVED, That our American Medical Association reaffirm our policies supporting responsibility to the patient as paramount in all situations and the principle of access to medical care for all people (Reaffirm HOD Policy)…

Now that bad idea and the same ethically warped principles are embodied in a new Trump administration policy that provides “religious freedom protections” for doctors, nurses and other health care workers who object to performing procedures like abortions and gender reassignment surgery. This is a sop to the Republican evangelical base. As I wrote here (actually partially quoting myself from an earlier article),

“Conscience clauses” came into being in the wake of the Supreme Court’s Roe v. Wade opinion legalizing abortion. Obviously that right to privacy ruling put Catholic hospitals in a difficult position, so the U.S. Congress passed the Church amendment (named after Sen. Frank Church of Idaho) in 1973. This provision allowed individual health care providers and institutions such as hospitals to refuse to provide abortion and sterilization services, based on moral or religious convictions. Most states adopted their own “conscience clause” laws by 1978. Conscience clauses are a terrible idea that encourage arbitrary professional misconduct. It is an example of how morally-based action can lead to unethical conduct….People who voluntarily undertake the duties of a job should either be prepared to fulfill those duties, take the consequences of not doing so, or not take the job in the first place.That is the ethical duty that one accepts when one agrees to do a job. “

President Trump doesn’t do ethics, and not being a deep thinker,  inconsistencies of principle don’t resister on him. The reason for requiring health care workers to perform their jobs regardless of whether some portion of it clashes with their religious beliefs, moral conviction, political passions or gag reflex is the same whether a doctor objects to abortions, a baker doesn’t approve of gay marriage , a restaurant owner doesn’t want to serve blacks, Hispanics, or Republicans, or an NFL football player is offended by the National Anthem. Society doesn’t work any other way. The religious freedom dodge easily turns into a cover for bigotry, harassment and oppression.

Nothing in the Constitution says that citizens have the right to hurt people when they practice their religion, or defy our laws, or refuse to perform the duties of their professions or employment while still getting paid because they cite religious conscience.

2. I Told You Not To Look Under That Rock! Dept. For some reason, I broke my own rule and skimmed a Paul Krugman column. What was I thinking? What is so digsuting about Krugman is his intellectual dishonesty, as he writes down to his readers using rhetorical tricks, rationalizations and lazy arguments that are 90% political bias and 10% substance at best. Here was the sentence that exploded my head,  stopped me from reading, as Krugman twisted reality to hold Republicans responsible for the government shutdown that was 100% caused by Senate Democrats blocking the continuing resolution to keep the government open:

“Protecting the Dreamers is, by the way, enormously popular, even among Republicans, who oppose deporting them by a huge margin. So it’s not as if the G.O.P. would be giving up a lot.”

So, as long as a provision is popular with its base, a party isn’t “giving up a lot” by supporting it—regardless of whether it is responsible, fair, smart, principled, or in the best interest of the country. Got it, Paul. This is the lowest common denominator theory of democracy being peddled to New York Times reader by its Nobel Prize-winning columnist: legislation by poll. Continue reading

Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? Are The Patriots Cheating Again? Is Larry Tribe Deranged? Is President Trump A Robot?

Good Morning!

(Nothing better than waking up to a light dusting of snow!)

1 When you can keep your head when all about you are losing theirs…Alan Dershowitz, a Democrat and legal expert who has prominently avoided the ravages of anti-Trump mania that have crippled so many of his distinguished colleagues, tried to clarify several issues in the Mueller investigation on Fox News.

On Special Prosecutor Mueller personally and professionally: “I don’t think he’s partisan, I don’t think he cares whether the Democrats or the Republicans benefit from this.I think he’s a zealous prosecutor and if he were going after Hillary Clinton, he’d be going after her with as much zeal.”

On his investigative team: “Now that’s not true for some of the people on his staff. He should never have allowed these people to serve on this investigative staff, if they had the points of view that they’ve had towards Hillary Clinton and towards Donald Trump. That was a mistake…when you’re going after a president or a presidential candidate, you have to be ‘Caesar’s wife,’ you have to be above reproach, and he didn’t do a good enough job in vetting the people that he brought on to the prosecution and the investigative team, and that hurts his credibility.”

Correct, and obviously correct. So why is the White House and Fox News being criticized daily for questioning the legitimacy, fairness, objectivity, and independence of the investigation? It doesn’t matter if Mueller is personally fair and objective if he appoints biased and conflicted lawyers to do the work. That still means the investigation is compromised and untrustworthy. It also means that Mueller undermined the investigation exactly the way he could not afford to if he wanted its results to be accepted.

There is nothing inappropriate about those being investigated pointing out bias, incompetence and conflicts of interest by the investigators. Criticism of a legitimate complaint, backed up by facts, indicates that those critics  don’t care about bias, incompetence and conflicts of interest, if they lead to the result they crave.

2. Suspicion! Why would the NFL’s New England Patriots sign a washed-up, 39-year-old Pittsburgh Steelers veteran, James Harrison, with only one game left in the regular season, at a cost of about $60,000 for that game and for any play-off games the Patriots participate in? Harrison has barely played all season, is no longer a top performer, and was a discordant and disruptive presence in the locker room. Many sportswriters and fans believe that he is being paid by New England to be a turncoat, and to reveal  Steelers’ secrets that might provide an edge if the Patriots, as many expect, have to defeat Pittsburgh on the way to another Super Bowl. The Patriots have been caught cheating more than once. Would this be cheating?

I assume not, unless Harrison had an enforceable non disclosure clause that prohibited him from revealing Steelers plays and strategies even after he was no longer on the team. Indeed, it would be unethical for Harrison not to help his new team in any way possible. When New England signed him, they signed his body, mind and accumulated experience. Continue reading

Morning Ethics Warm-Up, 12/23/2017: Robots And “Star Wars” And Whiskers On Kittens

Good Morning!

1 When Darth Vader cuts off Luke’s hand, that’s not news. When Mark Hamill bites the hand that feeds him…In recent interview, Mark Hamill, the one-trick pony, one-role actor who had been playing cameo parts on SyFy cable channel movies because he wasn’t enough of a draw to put in “Sharknado 6,” criticized how director Rian Johnson had him play Luke Skywalker in “Star Wars: The Last Jedi.” “He’s not my Luke Skywalker,” said Hamill in a recent interview, who originated the part four decades ago, when he had a career.

This is astounding ingratitude, and shows a lack of professionalism that suggests it wasn’t only limited range that strangled Hamill’s non-“Star Wars” prospects. The movie is still in theaters. The fact that he is in the latest trilogy at all is a gift. If he wants to knock the film in about ten years or so when he’s doing Fishin’ Magician informercials on cable and his comments get him 12 and a half minutes of fame on TMZ, that’s fine, but right now, he has an ethical obligation to the studio and his fellow artists to do everything he can to make the “Star Wars” geeks want to see the film.

You know Luke—can I call you Luke?—most of those other actors aren’t as lucky as you were, and don’t have a cushy guaranteed lifetime income from a single surprise hit that easily could have ended up on the second half of drive-in double features.

May the Force slap some sense into you.

2. Update: Governor Kasich is an idiot. But I bet you knew that. Yup, John Kasich signed into law that Ohio bill that made it illegal to abort a fetus diagnosed with Down Syndrome. This law is going to be struck down as unconstitutional, and it makes no sense. Signing it into law displays a bad combination of incompetence and cowardice.

BOY, that was a horrible crew of Republicans who all were thinking about Donald Trump, “Well, at least I know I can beat THIS guy!” I know many people like me, including some moderate Democrats, who were rooting for Kasich because he seemed preferable to having another Bush, the theocracy craving Mike Huckabee, the corrupt Chris Christie, weird Rand Paul, diabolical Ted Cruz, not-ready-for-prime- time Marco Rubio, dumb-as-a-box-of-whoopie-cushions Ben Carson, scary Carly Fiorina, or, as the alternative, the venal, inept and frighteningly ambitious Hillary Clinton. No, he’s a conservative hack with an honest face. This proves it. Continue reading

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading

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