Ethics Observations On Three Recent Judicial Decisions

July 11, 2019July 11, 2019 / Jack Marshall / 25 Comments

)

I.

An appeals panel throws out the emoluments lawsuit filed by D.C., Maryland.

A three-judge panel of the US Court of Appeals for the 4th Circuit held that the District of Columbia and Maryland lack standing to sue President Donald Trump over claims related to his hotel in Washington, D.C. The court ordered a lower court to throw out the lawsuit with prejudice, meaning the lawsuit alleging violations of the Constitution’s emoluments clause could not be refiled.

Good.

The Emoluments Clause nonsense has been one of the more contrived “resistance” theories and this lawsuit was part of the organized plan of harassment against the President. Two Democratic jurisdictions filed this purely political suit as their contribution to the “resistance.”

“Even if government officials were patronizing the hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the president enjoined from receiving income from the hotel,” the 36-page opinion said. “The hotel would still be publicly associated with the president, would still bear his name and would still financially benefit members of his family….Neither [emoluments] clause expressly confers any rights on any person, nor does either clause specify any remedy for a violation.”

The unique conflicts of interest issues presented when a multinational business owner becomes President was never imagined by the Founders, and once Trump was elected it was too late to deal with the problem equitably. The Democrats and the news media, not to mention Trump’s Republican rivals for the nomination and the legal establishment—and commentators like me, all neglected their duty to raise the issue in a timely fashion, mostly because they never thought Trump would win. They are all at fault for their own mistake. At some point, however, the issue has to be examined fairly and non-politically, with rules emerging that do not make the Presidency unachievable by anyone who is not a professional politician.

II

Continue reading →

Morning Ethics Warm-Up, 7/9/2019: Then They Came For Mr Peanut…

July 9, 2019July 9, 2019 / Jack Marshall / 25 Comments

Good Morning!

1. From what cultural hell in America did this conduct ooze out of? A family got in a brawl in the middle of Disneyland, as on looking children screamed. See?

Nice.

The family was escorted out of the park, and criminal charges are being sought.

This entire family is so devoid of functioning ethics alarms that it lacked the basic civilized instincts not to a) physically attack each other b) physically attack each other in public c) physically attack each other in a family venue that represents the opposite of what they were doing.

In some kind of record for inappropriate understatement, Disney said that the company “does not condone this type of behavior.” That’s reassuring.

2. Congratulations to the U.S. Women’s Soccer Team, but its captain is still an asshole. I fully endorse—well, 95%— Washington Post columnist Mark Thiessen, who had this to say about Megan Rapinoe, the team captain who has been grandstanding her hatred for President Trump by refusing to respect the National Anthem abroad. He writes in part,

Rapinoe is not playing for the Trump administration; she is playing for the United States. It’s one thing for a professional athlete to protest the national anthem, but quite another for a member of Team USA to do it. Rapinoe is protesting the Stars and Stripes while wearing the Stars and Stripes. That’s not OK. Representing your country is a privilege, not a right. If she really feels she can’t show respect for the U.S. flag and anthem, then she shouldn’t wear the U.S. jersey. Here’s the worst part: What she’s doing is selfish. Her protest comes at a time when the U.S. women’s team has taken an important stand against gender discrimination. They are suing the U.S. Soccer Federation because, despite being more successful on the field than the men’s team, and bringing in more revenue, they are paid significantly less than the men. They have a point, and the World Cup is a chance to rally the country behind their cause. But instead of unifying Americans behind her team’s admirable fight for gender equity, Rapinoe is dividing Americans with her anthem protests. Untold numbers of Americans who might have been inspired to support the team’s cause have been alienated by its leader.

Thiessen is talking about cognitive dissonance here: he’s pointing out, correctly, that people are less like likely to rally with even a just cause when its advocates are assholes.

My 5% objection is that the women’s team will have a strong claim to equal pay when they prove that they can play soccer as well as the men’s team. Continue reading →

Morning Ethics Warm-Up, 6/27/2019: Illegal Immigration Trainwreck Edition

June 27, 2019June 27, 2019 / Jack Marshall / 90 Comments

Good Morning!

Once again I am trying to get a post up while furiously preparing for a program, this time a super-sized version of “Ethics Rock Extreme” for a federal agency, in collaboration with the marvelous Mike Messer, my rock/country/pop singer and guitar virtuoso partner of almost 20 years….I’ll begetting to ethics observations on last night’s debate when I return, if I return.

1. “Think of the children!” porn. I’m sure you’ve seen this…

…and have read or heard some of the shirt-rending and hair-tearing prompted by the viral photograph of a drowned “migrant” and his infant son. The injection of pure, unreasoning emotion and sentimentality into the illegal immigration debate is cynical but predictable, and this is just an escalation of the media campaign to frame all illegal immigration in romantic and sentimental terms.

The photo should change nothing. The death of an infant irresponsibly and recklessly taken on a dangerous journey (as well as an illegal one) is the fault of the parent who brought him, not the Presient of the united States, not ICE, not immigration officials. Democrats like Chuck Schumer who exploit such a photo are unconscionable. “Seeking a better life” is not now now has ever been a justification for breaking the law. The photo of an adult and an infant who die in the course of a dangerous attempt to break U.S. laws should prompt pity for the child and anger at the adult, no more, no less.

Those taking up the “Think of the children!” cry need to be asked if their solution is to provide ferry rides across the Rio Grande for children who are forced to accompany their parents in attempts at illegal immigration. Or U.S. lifeguards stationed on the shore, perhaps. Continue reading →

Morning Ethics Warm-Up, 6/17/19: Abusers, British Morons, O.J., And A Commie

June 17, 2019 / Jack Marshall / 39 Comments

Good morning.

1. Update! The teachers and the principal responsible for the cruel “award” for the autistic boy (discussed here) are in the process of being fired.

Good.

2. This is what happens when a country doesn’t have a First Amendment…A law goes into effect in Great Britain making it illegal for advertisements to include “gender stereotypes which are likely to cause harm or serious or widespread offense.” Complaints will be assessed by the Advertising Standards Authority. British broadcasters are bound by the terms of their licenses to comply with its rulings.

The aim, we are told, is not to ban all gender stereotypes, just the harmful ones, because, said a spokesman, “put simply, we found that some portrayals in ads can, over time, play a part in limiting people’s potential.”

Right.

Observations:

This also shows why progressives in the U.S. see the First Amendment as an impediment to their objectives.
Writes Jazz Shaw,

These guidelines don’t provide much to go on. They make reference to images that might suggest women do most of the housework and men being clueless about similar tasks. So I guess you’re no longer allowed to hire a female actress for any advertisements involving vacuuming, filling the dishwasher or operating the washing machine? This should indeed provide new employment opportunities for male actors, but somehow I don’t think that’s what they were going for here. Besides, won’t you just raise a new generation of kids who grow up thinking only men do chores around the house?

Oh, the unintended consequences of controlling what ideas and norms the pop culture can put into people’s heads are marvelous to behold.

The best part, you see, is that “authorities” get to decide which portrayals of stereotypes are “harmful.” In the U.S., such a law would be void for vagueness.

I like to keep these kinds of stories within reach when someone arguing for nationalized health care or a death penalty ban uses the “the U.S. is the only first world country that…” tactic. Yes, the U.S. is different.

3. Signature significance for a sociopath. Alternate title: “One more reason to stay away from Twitter.” O.J. Simpson has joined Twitter, saying in a video link,

“Hey Twitter world, this is yours truly. Coming soon to Twitter you’ll get to read all my thoughts and opinions on just about everything. Now, there’s a lot of fake O.J. accounts out there, so this one @TheRealOJ32, is the only official one. So, it should be a lot of fun — I’ve got a little getting even to do.”

And you know what O’J’ does when he decides to get even…

This is signature significance. A normal person in O.J.’s circumstances just doesn’t act like this. Then again, no normal person murders his ex-wife and her boyfriend with a hunting knife.

I don’t understand how O.J. can be active on Twitter and still hunt down the real killer, though…

4. Unethical Quote Of The Month That Doesn’t Deserve The Prominence Of A Stand-Alone Post: Newly Elected Denver City Council member Candi CdeBaca.

“I don’t believe our current economic system actually works. Um, capitalism by design is extractive and in order to generate profit in a capitalist system, something has to be exploited, that’s land, labor or resources. And I think that we’re in late phase capitalism and we know it doesn’t work and we have to move into something new, and I believe in community ownership of land, labor, resources and distribution of those resources. And whatever that morphs into is I think what will serve community the best and I’m excited to usher it in by any means necessary.”

“By any means necessary.”

Yes, she’s a communist. Imagine: Nearly all the communist nations ended up with their economies in ruins, with the larger ones engaging in murder and political oppression on an epic scale, and this woman proclaims that system superior to capitalism while calling the failed ideology “new.” What kind of American votes for someone like this?

Unethical Tweet Of The Week: Yes, It’s Representative Ocasio-Cortez Again!

June 2, 2019June 2, 2019 / Jack Marshall / 9 Comments

I know we’re getting perilously close to Julie Principle territory here. The Congresswoman says and tweets so many ignorant, logically flawed, impulsive and silly things so often that it seem ungallant to keep swatting at them.

On the other hand, elected officials, especially members of Congress, have an ethical duty not to make their supporters, followers and the public in general dumber and more ignorant than they already are. The tweet above does that: it misrepresents laws, law enforcement, the nature of abortion, reality, justice, too much to process, really.

It also shows seriously damaged critical thinking skills and an abysmal grasp of analogies. “Right?” No, NOT right, you fool. Abortion bans target the intentional taking of what these laws deem human life. Got that? Intentional. No ICE agents set out to cause the deaths of premature babies that were, in fact, placed in peril by their mothers who endangered them by bringing them along as they attempted to break U.S. laws. There is no valid comparison here. None. Continue reading →

Morning Ethics Warm-Up, 5/31/19: Confirmation, Computers, Clinton, Cruz, And Comments

May 31, 2019May 31, 2019 / Jack Marshall / 31 Comments

Good morning.

Trying to get used to my new computer, Microsoft 10, files I can’t find and many other things. Everything is going sloooooowly. Be merciful.

1. More on the Martin Luther King revelations. Yesterday I wrote about King biographer David Garrow’s article revealing the some disturbing and previously unrevealed results of the FBI’s (illegal) surveillance of Martin Luther King. Predictably, Garrow is under fire for daring to sully an icon’s reputation, and because the source of the material is Hoover’s attempt to undermine King, that is the mode of attack. Garrow won a Pulitzer Prize for “Bearing the Cross,” his 1986 biography of King, and has said in the past that FBI files should be treated with skepticism. However, he is obviously so disturbed at the new revelations that were inadvertently released that he is performing what he sees as his duty as a historian. He told the Washington Post that the summaries made by FBI agents who were spying on King are accurate, noting that different types of records warrant different levels of trust in their accuracy. The files claiming King was communist, he said, “are coming literally third- or fourth-hand from a human informant,”so their accuracy is “highly dubious…But with the electronic surveillance records, those are very highly reliable, other than when the FBI can’t understand who’s talking.”

Confirmation bias is the key here. Garrow has none that I can see: his reputation is at risk if he is wrong, and he was an admirer of King, though not blind to his previously known flaws, like his epic infidelity. So far, the reflex deniers of Garrow’s conclusion all appear to be “keepers of the flame,” or at least invested in keeping King’s reputation intact.

It is encouraging to see the Post, which apparently refused to publish Garrow’s article, covering the story. Most media sources are not, and that is signature significance. Many of the same sources have assumed that Donald Trump engaged in wilful sexual assault based solely on his recorded hyperbolic boasts to Billy Bush. The integrity of journalism in the U.S. could not be at lower tide.

In my case, I know enough about history and the important figures who stroll, dash and charge through it not to be surprised when any of them are revealed to have engaged in objectively horrible conduct at various points in their lives. Given King’s documented sexual appetites and epic infidelities, the likelihood that he was a sexual predator is strong. Again, my position is that King’s personal, even criminal conduct shouldn’t affect the assessment of or national gratitude for his public achievements at all. This isn’t the “personal conduct” dodge that Bill Clinton’s enablers used: his conduct with Lewinski and others was related to his job, his position, and in fact occurred in his office. That’s professional, workplace conduct, not personal.

I assume this will be another story inconvenient to the news media’s favorite causes, that journalists and editors will attempt to bury, muddy, and minimize. Yes, and anyone who attempts to raise it, analyze it and verify it will be tarred as a racist. Perhaps I am naive and optimistic, but I don’t think that will work here. Just as eventually we had to face the truth about Thomas Jefferson and Bill Cosby, even those who want to deify King will have to deal with his private character, and decide whether they really want his statues and memorials, street signs and holiday, to come down.

Of course, there will be some good people on both sides of the argument. Continue reading →

Poll: What—The Hell—Did CNN’s Chris Cuomo Mean By This Tweet? [Updated]

May 29, 2019May 30, 2019 / Jack Marshall / 48 Comments

Kimberly Corban was suffocated and raped in her dorm room at age 20. She has become a prominent gun rights advocate, saying that she protects herself and her family with a firearm and believes that it is her duty as a parent to do so.

The National Rifle Association tweeted out a video of Corban sharing her story. “Only in America,” Cuomo tweeted in response to the tweet, which featured Corban’s quote, “I’m a mother of two, and if a predator or anyone else tries to harm me or my family, they have to come through my firearm first.”

What was that supposed to mean? We know—there is no doubt about this, and Ethics Alarms has documented the fact—that Cuomo is really, truly, a dolt. He is the poster child for affirmative action for celebrity and politician offspring. An alleged lawyer, his every other reference to the law is incorrect. He has said that hate speech isn’t protected by the First Amendment. He is the perfect example of that horrible species, the stupid person who thinks he’s smart. CNN keeps him employed because 1) he’s cute, 2) he seems to be a nice guy, and 3) he’s a typical knee-jerk progressive. Reading his twitter feed is profoundly depressing. He is at once glib, earnest, and incoherent. Continue reading →

DC’s “Ethics Subway Train Wreck,” A Tragedy In Six Acts

May 12, 2019May 13, 2019 / Jack Marshall / 24 Comments

…or, “A Streetcar Named Stupid”…

This is a Nation’s Capital, drama my friends…an ugly ethics mess, in

ACT I

Eating on a Metro train is a criminal violation in Washington, D.C., but the transit authority seems to think that enforcing laws is icky, or something, so Metro Transit Police Chief Ron Pavlik sent out an order on May 8, telling officers to “cease and desist from issuing criminal citations in the District of Columbia for fare evasion; eating; drinking; spitting, and playing musical instruments without headphones until further advised.”

Telling officers not to enforce laws is per se incompetent and irresponsible. If you want to repeal the law, fine. An unenforced law, however, is an invitation to chaos. If the directive to ignore it is secret, then the public that sees scofflaws unimpeded assumes that law enforcement isn’t doing its job. If the public knows that the law won’t be enforced as a policy, then it will begin engaging in the conduct the law was made to prevent.

This is idiotic.

ACT II

Local author Natasha Tynes saw a Metro employee eating on a train, and reported the woman to transit officials by tweeting a photo of the woman, in uniform, eating on the Red Line. She also tweeted that when she confronted the woman for breaking Metro rules, the woman replied, “Worry about yourself.” “When you’re on your morning commute & see @wmata employee in UNIFORM eating on the train,” Tynes tweeted. “I thought we were not allowed to eat on the train. This is unacceptable.”

She’s right. It’s unacceptable. Telling Metro officials that they should not ticket violators of the law does not mean that Metro employees are free to violate the law. This is a predictable result of Pavlik’s unethical order. Tynes, however, was engaging in responsible citizenship.

ACT III

In response to the tweet, the head of the MTA workers’ union stated that the employee had “done nothing wrong.”

This is ethics ignorance. There is a law against what the worker did, and the fact that violations (stupidly) weren’t being enforced doesn’t alter the wrongness of the conduct one iota. This is Ethics 101. Teach ethics in school!

Morons. Continue reading →

TGIF Ethics Celebration, 1/10/19: Plenty Of People Who Need Firing or Something Close…

May 10, 2019May 10, 2019 / Jack Marshall / 15 Comments

I don’t know why I’m celebrating a weekend: in a home business, there are no weekends…Maybe I’ll just celebrate the flowers that bloom in the Spring!

1. Poll: The firing of Mary Bubala. As you may know, the mayor of Baltimore got caught red-handed in a self-dealing scheme, tried to take a leave of absence instead of resigning (thus preserving her salary), and finally had to resign anyway. Discussing the events on the air on Baltimore TV channel WJZ, news anchor Bubala asked Loyola University Maryland Professor Karsonya Wise Whitehead,

“We’ve had three female, African-American mayors in a row.They were all passionate public servants. Two resigned, though. Is this a signal that a different kind of leadership is needed to move Baltimore City forward?”

Bubula is white. The station was bombarded with complaints that her question was racist, and the station quickly fired her, saying in a brief statement,

“Mary Bubala is no longer a WJZ-TV employee. The station apologizes to its viewers for her remarks.”

Well-respected conservative pundit Mark Tapscott called this “newsroom fascism,” writing, “I’ve never met now-former Baltimore TV local news anchor Mary Bubala, but I am outraged as an American and a journalist over her firing for a question that clearly wasn’t remotely related to the fact the city’s two most recent (corrupt) mayors were both Black and women.”

I would have fired her. There are two good reasons. First, the question sure sounds like “After three female black mayors who have either been corrupt or unsuccessful, do you think a white man might be worth a try?” to me. What else could it mean? Do you think it might be time to elect a GOOD mayor? Why mention their race and gender at all if it isn’t part of the question? Second, if the question wasn’t racist, she should be fired because she’s too inarticulate to have that job.

Tapscott concludes, “Either this …ends or liberty isn’t long for anybody in this country except those with approved opinions.”

Let me ask you, then…

Continue reading →

I.

II

Share this:

Good Morning!

Share this:

Good Morning!

Share this:

Share this:

Share this:

Good morning.

Share this:

Share this:

“I really will not allow the simple gesture to belong to the moronic dogwhistling catfishing foghorning frogmarching pigsticking dickwaving few who attempt to appropriate it for their own fatuous fantasies.”

Share this:

ACT I

ACT II

ACT III

Share this:

Share this: