Morning Ethics Warm-Up: 7/9/17

GOOD MORNING!

1. The Pope gave an interview saying, in Italian of course, that the United States of America, which he offensively grouped with Russia, China, North Korea and Syria, have “a distorted vision of the world.”

The Pope, who has spent the bulk of his adult life seeing the world through the narrowly focused lense of the Catholic Church, and who hails from a South American leftist state, thinks that the United States has a distorted view of the world. Wow. Besides the stunning hubris of this pronouncement, the Pope is engaging in an abuse of position and influence, and a remarkably short-sighted one. If he wants to exercise any influence at all over citizens of the world who have not been indoctrinate since childhood to regard him as a godly sage by virtue of a secret political vote by a bunch of superannuated Cardinals, he has to earn credibility by the evident quality of the statements he makes. Later on, in the same interview, the Pope made it clear that his  undistorted vision of the world involves endorsing open borders.

I think the Pope has a distorted view of the trustworthiness of celibate men who have access to young boys, so I really couldn’t care less what he thinks about U.S. policies when he can’t objectively and responsibly process the terrible realities in his own organization.

2. I’ve been reading and  listening to sportswriters since I was ten, and I have to say that I have little respect for the critical thinking skills of most of them. I was gobsmacked by an example of why this morning, as Steve Buckley, a long-time baseball reporter for the Hub’s #2 paper The Boston Herald, opined in a virtue-signaling mess of a column that “War heroes, not David Ortiz, deserve streets named after them.” David Ortiz, in case you live in a fallout shelter, is the recently retired iconic slugger of the Boston Red Sox. The team recently retired his number, and in a related honor, the city of Boston re-named a small street near the park after him. It had earlier named one of the many bridges in the city after him.

“We should reserve the streets, the corners, the squares, the playgrounds, to remember the men and women who died serving our country.” Buckley writes. Why? He never really gives a reason, he just tells us that this is the way it should be.  Why are the veterans who die in military service more honor-worthy than those who risked their lives but survived? Since when are society’s only real heroes military heroes? Is he a time-traveler from Ancient Sparta? Do contributions to society during peacetime or on the home front matter less to a community than what happens on a foreign battlefield?

What about fallen police officers and fire fighters? Not worth a street name? Philanthropists, inventors and innovators who made life better for all, launched businesses, created jobs, helped families and neighborhood thrive—these don’t warrant a little bit of  local immortality?  David Ortiz made millions of people happy. In a racially divided city, Ortiz, a black man, became the face of Boston sports, at least for those who were nauseated by Tom Brady’s smug countenance.  That was as important as his clutch home runs. Trivializing Ortiz’s contributions to Boston (the relationship of Bostonians to their infuriating baseball team is too complex to explain quickly to anyone who hasn’t been part of it) is trivializing the importance of entertainment and popular culture, which is nothing short of ignorant, especially in the United States. In the District of Columbia, a school is named after Duke Ellington. Good. In Los Angeles, for decades until California leftists finally removed it, a major airport was named after John Wayne. Excellent. And in Boston, the largest tunnel is named after Ted Williams, but maybe Buckley thinks that’s OK because Williams was a combat flier in two wars. (Pssst! Ted’s tunnel isn’t bearing his name because he crash-landed that jet, Steve!)

As a society and a species, we have a duty to remember those who have contributed to the culture we enjoy. There aren’t enough streets, schools, bridges and parks to honor them all, but they all deserve to be honored. Continue reading

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading

Eight Ethics Observations On Donald Trump’s Prisoner Of War Slur…And Another New Rationalization: “Popeye’s Excuse”

PopeyeFrom the New York Times:

“Mr. Trump upended a Republican presidential forum here [Ames, Iowa] , and the race more broadly, by saying of the Arizona senator and former prisoner of war: “He’s not a war hero. He’s a war hero because he was captured. I like people who weren’t captured.” Mr. McCain, a naval aviator, was shot down during the Vietnam War and held prisoner for more than five years in Hanoi, refusing early release even after being repeatedly beaten.

The only news outlet that isn’t covering this is the Huffington Post, because controversies that directly affect who will be President of the United States aren’t news when they involve candidates the HuffPo ideologues don’t respect.

I thought I should remind you.

Ethics observations:

1. The statement is signature significance that Trump is a jerk as well as a fool, and not very bright as well. The latter is especially important: being an idiot should disqualify anyone for high elected office. Not that Trump’s intelligence, or lack of it, hasn’t been a matter of record for a long, long time, but this is as blazing a tell as anyone could wish for. Anyone who voluntarily places his or her life at risk for their country is a hero; circumstances and moral luck determine what other tests warfare will present to such an individual’s character. When a hero passes such a test with distinction, as McCain did in his prisoner of war ordeal during the Vietnam war, the military makes a special effort to recognize that heroism, in part to inspire others. My father refused to make a big deal about his Silver Star and Bronze Star, because he was aware that the man who was blown up by a shell while virtually standing next to him could have just as easily been the decorated war hero, and my father a statistic, had the shell landed a little bit to the right. My father regarded the man who was killed in his foxhole as much of a hero as he was. Trump would say, “I like people who aren’t killed.”

Only a stupid man could believe that.

2. For Trump to denigrate McCain’s service when he took every possible step to avoid service in the same war is especially nauseating. The ethical values being rejected here are fairness and respect. John McCain displayed courage, patriotism, devotion to civic duty, selflessness and integrity that Trump could not. It’s really that simple. Trump lacks any standing to criticize Senator McCain’s war record.

3. On ABC this morning, Donald Trump was asked about his habit of name-calling and using personal insults as his response to political criticism. He justified his incivility by evoking the Tit for Tat excuse: if you insult him, he’ll insult you, and that includes calling you fat, old, stupid, or–his favorite—“a loser.” This is playground ethics, worthy of a 12-year-old. Your duty to be fair, civil and ethical is not reduced by the unethical conduct of someone else, even when it is aimed at you. Ethical people understand this, often before they are 20. Ethically, Trump is a case of arrested development. Continue reading