Virginia

Sunday Ethics Warm-Up, 2/10/2019: Icky, Creepy, And Wrong

/ Jack Marshall / 14 Comments

Good Afternoon!

Working today to train a Clarence Darrow understudy for my Darrow legal ethics seminars that my original Clarence, the estimable Paul Morella, can’t fit into his schedule. I’ll be doing one such seminar in New Jersey this month. You can never have enough Clarence Darrows!

1. On the matter of corporations caving to social media mobs..here’s something completely stupid. Earlier this winter, Delta Air Lines distributed cocktail napkins with message, “Be a little old school,” in small print on the napkin, advertising Diet Coke. “Write down your number & give it to your plane crush. You never know …” There was a space on the napkin where a passenger could write down his or her name and another space for their number. The larger print said, “because you’re on a plane full of interesting people and hey,” again, “… you never know.”

The harmless stunt was condemned by some flyers on social media as “creepy,” and that was enough to spark a dual company grovel.  “We rotate Coke products regularly as part of our brand partnership, but missed the mark with this one. We are sorry for that and began removing the napkins from our aircraft in January,” Delta told USA Today in a statement. Coca-Cola added: “We sincerely apologize to anyone we may have offended. We worked with our partners at Delta to begin removing the napkins last month and are replacing them with other designs.”

I think it’s creepy that I often find myself sitting next to someone on a plane who is so close I can count his or her moles, and that neither of us will say a word to each other  for hours. I can’t fault Delta and Coke for trying to break the ice and encourage a more social atmosphere on planes, especially since the air travel experience has become increasingly grim and uncomfortable. I know more than one couple who owe their long marriage to a number scrawled on an airplane napkin. (Full disclosure: I once wrote a message to an attractive young  flight attendant who was especially effervescent. She smiled, and I never heard a word from her.)

All attempts at human contact with strangers aren’t harassment.

2. Ew. Did the National Enquirer try to blackmail Jeff Bezos? It sure sounds like it. Bezos says that the tabloid threatened to publish “dick pics” from his social media output if he didn’t get his paper, the Washington Post, to back off from its accusation that the Enquirer’s coverage of the nasty Bezos divorce was based on political animus rather than good ol’ old-fashioned tabloid sleeziness. You can read the Bezos blog post here.

The theory seems to be that the Enquirer is doing the bidding of President Trump, Saudi Arabia, or someone or something equally nefarious. And yes, the head of the Enquirer’s publishing outfit really is named “Pecker,” and it has nothing to do with the Bezos junk shot. Bezos is apparently releasing the Weiner-like photos someone hacked from his account to foil the extortion attempt. Let’s see: a) Nothing could lower my opinion of the National Enquirer. b) Ethics Alarms subscribes to the Naked VIP Principle, which is that if you are a public figure and send pictures of Mr. Wiggly to ANYONE over the internet, you deserve no sympathy for anything unpleasant that happens to you as a result.

I don’t care if “everybody does it’ (and if everybody really is taking crotch selfies and mailing them to friends and strangers, I don’t belong on this planet any more), if you do this, I don’t want to have anything to do with you.

3. This is useful for things like the Green New Deal. From the National Review, Williamson’s First Law. “Everything is simple if you don’t know a fucking thing about it.”

Perfect.

4.Now THIS is rejecting the presumption of innocence. Again: the position here is that Justin Fiarfax cannot do his job while under suspicion of serial rape allegations from named accusers willing to testify under oath, and should voluntarily step down. Duke, however, is asking him to leave a board using the false principle of guilty until proven innocent and “believe all accusers” standards.

“I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been made against him,” Dean Judith Kelley wrote in an email  to Sanford staff and students. “Sexual assault is abhorrent and unfortunately can occur right around us. I urge everyone to take survivors of sexual assault seriously, and to help build an environment that is safe and supportive for everyone,” she added.

Wrong. His presence does not make anyone “unsafe” because an unproven accusation has been made. Nor is it not taking sexual assault seriously to refuse to use a mere accusation to strip an accused man of his positions and honors. The board membership is mostly honorific. Duke is taking sides where it should be neutral. Continue reading →

Saturday Ethics Warm-Up, 2/9/2019: “Your Host Is Finally Feeling Better’ Edition.

/ Jack Marshall / 14 Comments

Good day!

1. More evidence that a lot of Americans have trouble with this “democracy” thing. Former Democratic Representative John Dingell ofMichigan died this week at 92. He became  the longest-serving member of Congress in history before he finally agreed not seek re-election in his 80s, but that’s not the real head-exploder in his obituary. It was this…

“Dingell first arrived to Congress in 1955, taking over the seat held by his father John Dingell, Sr., who had died earlier that year, and the younger Dingell continued to serve in the House for more than 59 years. He announced in 2014 that he would not seek re-election and instead his wife, Debbie Dingell, ran for his seat and is now serving her third term.”

A little googling will reveal that Daddy Dingell served in Congress from 1933 until Junior took over. That means that voters in the district have sent only members of the Dingell family to Washington for 86 years. Debbie Dingell, the alliterative named widow of the departed, had no apparent experience in legislation before she was elected to hold the Perpetual Dingell Seat.

This is laziness, civic inattention, vestigial aristocracy and passive democracy at work, or rather, in a semi-coma. There is no excuse for electing leaders based on family connections and name recognition, except that Americans have been doing it for a couple of centuries. I know you can’t fix stupid, but the parties are exploiting stupid, and that goes to the heart of democracy’s greatest weakness: government by the people means a lot of really lazy, ignorant, biased and irresponsible people are going to involved in government.

2. Of course. The New York Times today defends the ongoing efforts by Congressional Democrats to make it impossible for the elected President to govern by burying the administration in specious and intrusive investigations. “Harassment? Nope. Oversight.” is the disingenuous headline of the paper’s Saturday editorial. Oversight is an important Congressional function, but investigations based on the logic “Gee, this guy seems sleazy to me and we don’t trust billionaires, so let’s keep digging into his personal and business affairs until we find some dirt” or “So far our impeachment bills have gone nowhere, but if we keep investigating, I bet we can find some real offenses” are not oversight. Oversight must be handled in good faith, and there is no good faith among Democrats, who made their intentions clear the second Trump humiliated Hillary Clinton. Their stated objective is to get him removed from office by any means possible, and if that fails, at least to reduce his public support to the point where he cannot govern. Harassment in the workplace is defined by creating a hostile work environment that makes it impossible for the target to do his or her job. Could this describe what kind of work environment the “resistance” and the news media (the Times, in defending Congressional Democrats, is also defending itself) have created for President Trump any more precisely? Continue reading →

One More Time, The Second Accuser Scenario, And Fairness For Justin Fairfax

/ Jack Marshall / 31 Comments

From the Washington Post today:

“A Maryland woman said Friday she was raped by Virginia Lt. Gov. Justin Fairfax (D) in a “premeditated and aggressive” assault in 2000, while they both were undergraduate students at Duke University. She is the second woman this week to make an accusation of sexual assault.

The woman, Meredith Watson, said Friday in a written statement through her attorney that she shared her account immediately after it happened with several classmates and friends. Watson did not speak publicly Friday and her lawyer did not make her available for an interview.

Watson was friends with Fairfax at Duke but they never dated or had any romantic relationship, the lawyer, Nancy Erika Smith, said.

“At this time, Ms. Watson is reluctantly coming forward out of a strong sense of civic duty and her belief that those seeking or serving in public office should be of the highest character,” Smith said in the statement . “She has no interest in becoming a media personality or reliving the trauma that has greatly affected her life. Similarly, she is not seeking any financial damages.”

Now what?

An unrelated accusation of conduct X does not mean that a previous unsubstantiated accusation of the same conduct is true. However…

  • In the case of habitual or characteristic misconduct—like being a sexual predator or a sexual harasser—the likelihood that there have been more, undisclosed episodes involving the individual accused is high.
  • Thus the absence of a credible second (or third, fourth, and onward) accuser in a matter like this is legitimate evidence arguing for the innocence of the accused. An example would be Clarence Thomas.
  • When subsequent allegations are substantially similar to the original accusation, they are especially damning. Bill Cosby is the poster case for this variation. Another exampole: Kevin Spacey.
  • When the second and additional allegations are suspiciously timed, as during an election or a political controversy, when they involve general misconduct only, lack named accusers or when they are sketchy in their facts and proof, they should be regarded with extreme skepticism. The add-on Kavanaugh accusations fit this description.
  • The fact that a court decision or an official investigation has not definitively determined that misconduct has taken place does not require individuals, groups and the public to discard commons sense, if they can eliminate bias from their decision-making. O.J. Simpson, it is fair to say,  is guilty of murder, and it is completely fair to regard him in that light. Barry Bonds used banned and illegal drugs to enhance his major league baseball career. Harvey Weinstein is a sexual predator who traded professional advancement for sex. We don’t need admissions here to come to informed decisions.

Now what does all of this mean for Justin Fairfax, next in line to be Governor of Virginia if Governor Northam decides, as an honorable public servant should, that he has made such an irredeemable ass of himself by his obfuscations, double-back flips, and tap-dancing around the question of whether he had a photo of himself in blackface in his yearbook that no Virginian in his or her right mind could possibly feel secure trusting such a boob to handle the affairs of the Commonwealth? What is fair? Continue reading →

Ethics Observations On The Clown Show In Virginia

/ Jack Marshall / 105 Comments

What a TEAM!!!

I arrived in Austin, Texas exhausted, still suffering from whatever it is that’s been sapping my energy for the last month, and resigned to staying off the blog until tomorrow, a news day, and with luck a healthier me arrived. Then I learned about the latest ridiculous development in my adopted home state of Virginia. My mind was awash with images of George Washington, Patrick Henry, George Mason, Thomas Jefferson, James Madison, James Monroe—no, not Woodrow Wilson, he liked blackface—-all doing backflips in their graves. I can’t stand it. I have to write something.

But what? I don’t even know what this mass meltdown of the Virginia Democrats is. And what does it mean? Could it possibly mean that all of our elected officials are secretly absurd, untrustworthy morons? That can’t be it, can it? CAN IT?  Heck, before this, Virginia wasn’t even on my list of top ten ridiculous state governments, then the next think I know, the Governor of Virginia is solemnly explaining how one would go about a post-birth abortion, and then someone finds a weird photo of Governor Northam simultaneously dressed in blackface and in KKK robes, or something, in his mediacl school yearbook, and I didn’t even know medical schools had yearbooks. Maybe only medical schools where they teach post birth abortions? I don’t know. Anyway, suddenly the Governor is apologizing and saying that yes, he was in one of those costumes, then he’s saying that, upon reflection, he would NEVER have dressed like that for a yearbook photo, and he never saw the thing before, BUUUUT he did recall putting  shoe polish on his face that same year to imitate Michael Jackson, but not TOO much, because as we all know, it’s hard to wash off. Which is totally not what Matthew McConaughey promised the whites in the jury when he asked them to make themselves black for a while in that dramatic closing argument in “A Time To Kill,” but I digress. Anyway, Democrats realize that accusing Republicans and conservatives of being racists is the whole ball game for them, so obviously Northam had to go, and his own Lieutenant Governor, Justin Fairfax, who is also conveniently black as well as next in line if Northam quit, made comments suggesting that just maybe a Michael Jackson imitator, even one whose act was 35 years old, might not be exactly what the Old Dominion needs in these fraught times, not that this conclusion had anything to do with the job promotion it would involve for him. Continue reading →

Unethical Quote Of The Week: College of William And Mary

/ Jack Marshall / 44 Comments

“That behavior has no place in civil society – not 35 years ago, not today. It stands in stark opposition to William & Mary’s core values of equity and inclusion, which sustain our mission of learning, teaching, and research.”

—William and Mary  president Katherine Rowe, explaining the justification behind the school’s disinvitation of Virginia Governor  Ralph Northam to peak at the school following the revelation that he wore blackface in 1984, when he was a medical student.

This is the quality of thought, logic and fairness being displayed at the highest levels of our education institutions? Bad behavior in 2019 has no place in 2019’s society, and bad behavior in 1984  had no place in 1984 civil society. It may have no place in 2019’s civil society, but since it didn’t occur in that society, that doesn’t matter. What matters in civil society now is what those in that society now  they behave now, and how we can trust them to to behave in the future.

There is no reason to believe, now, today, based on his relevant, recent conduct, that Governor Northam is going to engage in the conduct in question now, or that his conduct in 1984 suggests that he is likely to engage in that conduct in the future. Continue reading →

When Ethics Alarms Don’t Ring: The Virginia Cankerworm Bill (and a Poll)

/ Jack Marshall / 16 Comments

At this point it is superfluous to name Virginia Delegate Kathy Tran an Ethics Dunce. That’s obvious, both from extreme her pro-late term abortion position, and her disingenuous, cowardly back-tracking once her callous and unethical views went viral on YouTube. This, however, requires not merely malfunctioning ethics alarms but dead political survival alarms, melted human decency alarms, and rusted-solid “How can I look at myself in the mirror?” alarms.

The same day, January 9, that Tran introduced “House Bill No. 2491 — Abortion; eliminate certain requirements,” she introduced House Bill No. 2495 – Fall cankerworm; spraying prohibited during certain months.”

No, the bills aren’t really related, except symbolically. Tran’s abortion bill aims to strip virtually all legal protections for the unborn in Virginia. Tran’s other bill adds protections for caterpillars, though the objective of the bill isn’t really the welfare of the bugs. Nonetheless, the juxtaposition is ugly and to some, telling. To full-throttle abortion advocates like Tran, unborn children might as well be worms, except that they don’t object to restrictions on worm-killing. Continue reading →

Never Mind The Blackface: Governor Northam Should Resign Because He Is Cowardly, Untrustworthy, Dishonest And Too Weird For Words

/ Jack Marshall / 39 Comments

And it is unethical for a governor to be cowardly, untrustworthy, dishonest and too weird for words. Virginia’s governor has embarrassed his state, it’s citizens, and everyone who voted for him. He is a source of humiliation for his party. He cannot lead, or do anything but harm while he remains in office.

You host here at Ethics Alarms is still sick and bed-ridden, but I had to crawl to my office for this. Wow. From the moment he appeared in the most unethical campaign ad I had seen from a Virginia candidate for office, appealing directly to anti-Trump derangement and hate by calling the President of the United States a “maniac,” I knew there was something seriously off about Ralph Northam, and, frankly, about anyone who would vote for him. His recent “oh, this is how you go about aborting a baby who has already been born” comments confirmed that assessment, ” but I was not in favor of forcing him out of office because he had appeared in blackface while a medical student 34 years ago. However, Northam’s conduct and statements since initially apologizing for the photo that surfaced this week are not 35 years old. They reveal the current character of the individual changed with overseeing the government of Virginia. That character is intolerable for any leader, and it was not what the Virginians who voted for Northam—I wasn’t fooled, but you can fool some of the people some of the time—believed they were electing.

In today’s Saturday Night Live-ready press conference, Governor Northam, his poor wife by his side, gave a bravura performance in self-character assassination: Continue reading →

Ethics Quiz And Comment Of The Day: The Governor’s Yearbook Photo [Corrected]

/ Jack Marshall / 82 Comments

You know you’re having a bad week as a politician when one scandal knocks a another scandal you’re involved in off the front page. Welcome to Virginia Governor Ralph Northam’s world right now, and where he’ll end up in it, nobody knows.

In case you missed it, Northam and abortion-loving Democrats were in the midst of trying to justify his comments earlier in the week accepting the concept of legal infanticide when a medical school yearbook photo turned up on social media, showing the governor-to-be either in black face or wearing Ku Klux Klan garb. Yes, this was another Hader Gotcha: conservatives were looking for dirt under very old rugs.  Northam confirmed that it was indeed him in one of the two costumes (but not which!) and issued the now familiar “this is not who I am now” apology:

“I am deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now,” Northam said in his statement. “This behavior is not in keeping with who I am today and the values I have fought for throughout my career in the military, in medicine, and in public service. But I want to be clear, I understand how this decision shakes Virginians’ faith in that commitment. I recognize that it will take time and serious effort to heal the damage this conduct has caused. I am ready to do that important work. The first step is to offer my sincerest apology and to state my absolute commitment to living up to the expectations Virginians set for me when they elected me to be their Governor.”

It was immediately clear that this would not suffice. Northam is a Democrat, after all, and that is the party of race-baiting. Republicans weren’t likely to let Northam talk his way out of this either, not after he won his close 2017 gubernatorial election against Republican Ed Gillespie with the assistance of a jaw-dropping TV ad ad linking Gillespie to  the white nationalists who marched in Charlottesville and showing the GOP candidate trying to run down minority kids in his car.  Although the ad was not a product of his campaign, Northam refused to condemn it, and his campaign reported it as an “in-kind contribution.” The campaign also sent out a mailer tying Guillespie to white nationalists.

What Republicans say about the yearbook photo doesn’t matter, however. Northam’s own party turned on him, with his Democratic predecessor Terry McAulliffe, the NAACP, the Congressional Black Caucus, the Virginia Legislative Black Caucus, and the Democrats in Virginia’s state legislature all calling on him to resign.

After all, casually endorsing infanticide is easy to defend to the hard-core Democratic base, but wearing a tasteless costume 38 years ago while a student is unforgivable.

Wait…what?

The instant issue might be moot in a few hours, as the betting is that Northam will resign, but  your Ethics Alarms Ethics Quiz of the Day’s  question will remain:

Should Ralph Northam’s 1984 yearbook photo require him to resign as Virginia Governor?

Continue reading →

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

/ Jack Marshall / 6 Comments

At least this guy has hair…

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading →

Morning Ethics Warm-Up, 1/31/18: To Be Honest, This Is Yesterday’s Warm-Up That I Was Too Sick To Write…

/ Jack Marshall / 34 Comments

This isn’t how I look. This guy looks BETTER than I look…

Today I feel like one of those guys I used to see nodding of in a heroin haze when I lived on Capital Hill…

1. Governor Ralph Northam endorses infanticide. Said Virginia’s Democratic Governor this week, explaining a bill that barely failed to pass in the Virginia legislature, “[Third trimester abortions are] done in cases where there may be severe deformities. There may be a fetus that’s nonviable. So in this particular example, if a mother is in labor, I can tell you exactly what would happen,” Northam, who is a pediatric neurosurgeon, told Washington radio station WTOP. “The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.” How can this possibly be interpreted as  anything but post birth euthanasia? Marco Rubio tweeted, “I never thought I would see the day America had government officials who openly support legal infanticide.”

Really? I did. The pro-abortion movement has been moving relentlessly to this point for decades. (New York just legalized late term abortions.)If progressives and feminists want to see Roe v.Wade substantially weakened by the Supreme Court, this is the  way to guarantee it. Of course, Northam gives all sorts of indications that he might be an idiot. His response to the predictable criticism of his statement was this tweet:

“I have devoted my life to caring for children and any insinuation otherwise is shameful and disgusting.“

Yeah! Why would anyone question my devotion to  children just I advocate killing the ugly ones right after they are born? After all, they’ll be made “comfortable” until they die. (I have to admit, the “comfortable” bit really annoys me, as if that mitigates what is being done.) Continue reading →