Wisconsin

Day After The Day After Updates And Observations On The 2020 Election

/ Jack Marshall / 62 Comments

Thanksgiving hangover

1. I had written some time ago that the best possible outcome ethically would be a Trump landslide, and the worst would be a Trump win in the Electoral College while losing the popular vote. Somehow I missed the obvious worst scenario, which is what we are getting: a mega-2000 mess, with multiple states in doubt for various questionable factors, resulting in litigation by both sides, stretching on into December.

This was one more example of how the false and biased polls interfered with legitimate analysis.

2. I have frequently praised Richard Nixon for passing on the opportunity to challenge the results in Illinois, Texas and other states after the 1960 election, and saying that it was more important to respect the process and not throw an election into turmoil. Of course, based on what we know about Nixon. That may have been a ploy and virtue signaling: while there was certainly some voting shenanigans, notably in Richard Daley’s notoriously corrupt Chicago, Nixon maybe have been told that he would lose anyway, and that challenging the results would make it harder for him to come back and win in ’64 or ’68. Nonetheless, Nixon set the norm, and Al Gore broke it in 2000. Now it seems insane for a party to not to challenge a close election if there seems to be any question about the legitimacy of the result.

That shift is also a reflection of the widening chasm between the two parties. There wasn’t much difference philosophically between the Democrats and Republicans in 1960, nor between Nixon and Kennedy. (There wasn’t much difference between their ethical instincts either, but we didn’t know that at the time.) Today there is every reason to believe that for a party to just shrug off the possibility that a Presidency has been stolen in the best interests of the nation is a breach of duty and a betrayal of the public trust.

However, a party (like the Democrats since 2016) or a candidate (like Hillary Clinton) continuing to deny the results after they have been validated is unforgivable and destructive.

Continue reading →

Mid-Day Ethics Tidbits, 11/4/2020: Sort-Of Post-Election Edition, With Yummy NONE Election-Related Items!

/ Jack Marshall / 36 Comments

1. Ay Caramba! Does anyone think that former Playboy model Eva Marie has a legitimate complaint because she was kicked off a Southwest flight along with her seven-year-old son for wearing this outfit on board?

Eva Marie

I don’t. She said she was “humiliated and embarrassed” when a Southwest Airlines flight attendant told her she couldn’t board looking like that. I don’t believe it for a second. She was seeking publicity. “When they threatened to remove me off the plane if I didn’t have a change of clothes, I felt completely humiliated, embarrassed and highly offended,” the Instagram influencer said of the incident. “I’m an A list member for SWA and have a credit card with the airline and I have perks that allow any person traveling with me to fly free because of my high status with the airline. So even as being a loyal customer with them, I felt like the other women on the plane were judging me based on my attire and they were saying my breasts are too large,” she added. “Well, that’s something I can’t help.”

No, you shameless jerk, they were judging you because you won’t observe even minimal social conventions, like not going out in public looking like a stripper mid-routine. If she is a “high status” member of the airline, then she is presumably aware that it has a dress code. It is overwhelmingly likely that she pulled this as a stunt to gain Instagram users  to “influence,” and exploited Southwest to do so.

The airline would be fair and reasonable to ban her from flying.

Continue reading →

Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

/ Jack Marshall / 54 Comments

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

Continue reading →

Unethical Quote Of The Month: Wisconsin Governor Tony Evers

/ Jack Marshall / 73 Comments

“While we do not have all of the details yet, what we know for certain is that he is not the first Black man or person to have been shot or injured or mercilessly killed at the hands of individuals in law enforcement in our state or our country, We stand with all those who have and continue to demand justice, equity, and accountability for Black lives in our country.”

—Wisconsin Governor Tony Evers (D…naturally) in a statement following an officer involved shooting in Kenosha last night, before any investigation has occurred, knowing that the rioters were already gearing up to cause violence and destruction.

And, of course, violence and destruction is what he got.

Police have not commented on what led to the shooting of Jacob Blake, a black man, in Kenosha, Wisconsin.  He was taken to Froedtert Hospital in Milwaukee after being shot multiple times, in the back, as he appeared to be entering his car and perhaps reaching for something. (I’m no expert, but doesn’t the fact that more than one cop reflexively started shooting suggest that there was  a reason other than “Oh!Here’s an uarmed black man: let’s shoot him”?)

At this point, the important facts are not known, just irrelevant facts injected into the story to make the police look like villains. Blake was apparently shot in front of his kids. Irrelevant.  It is said that he was trying to break up a fight between two women—he’s a peacemaker!—which is what precipitated the police call. Irrelevant. What is relevant is why the police fired, and what action Blake was engaged in or appeared to be engaged in immediately before the shooting. That is not clear in the video. Continue reading →

Mid-Day Ethics Reflections, 6/24/2020: Bombshells Bursting In Air!

/ Jack Marshall / 29 Comments

Always appropriate, any day, any time…and besides, they tore down the author’s statue. This is his memorial…

1. As for monuments…the Governor of South Dakota,  Kristi Noem, responding to suggestions that Mount Rushmore would soon be on the George Floyd mob’s hit list, said curtly, “Not on my watch.”

It is not so fanciful a notion, since three of the four Presidents on the mountain have had statues toppled, and the fourth, Lincoln, now has his own statue under fire.  The Freedmen’s Memorial Monument to Abraham Lincoln in Boston’s Lincoln Park is targeted by an online petition as is its original, the statue that stands in Washington D.C.’s Lincoln Park. The fact that the statue was commissioned and paid for by freed African-Americans appears to have no importance to the statue-topplers whatsoever.

After all, Facts Don’t Matter.

2. If there is a shark. she will jump it. House Speaker Nancy Pelosi asserted in an interview Tuesday that Republicans are “trying to get away with murder, actually — the murder of George Floyd.” We must remember this when it is determined that the police involved in Floyd’s death can’t get a fair trial because the second highest ranking elected official in the country declared Floyd to be a murder victim before a trial.

A Democratic-run city (for over a half-a century) with a Democratic mayor and and overwhelmingly Democratic City Council (without a single Republican), in a state with a Democratic Governor, oversaw a police department that has been criticized for its conduct long before Floyd’s death, did nothing to remedy the problem, and now faces the consequences.

By what possible distortion of facts and logic can it be argued that Republicans are “trying to get away with murder”?

Once again, another question must be raised: how could CBS News Radio correspondent Steve Futterman, hearing Pelosi’s accusation, not point this out and still presume to be called a journalist? Continue reading →

Sunday Ethics Warm-Up, 6/7/2020: Let’s Play “Name The Breached Ethics Values”!

/ Jack Marshall / 21 Comments

Awash with shame for forgetting D-Day yesterday…

I don’t know about you, but for me the days merge into each other of late. I didn’t realize that I had snubbed D-Day until almost midnight. My Dad used to remind me that my existence may have been due to his unexpected inability to participate in the invasion: he had been assigned as an observer, which sounded scary to me, but “luckily” the idiot who blew himself and my dad’s foot up with a live hand grenade took him off the beaches.

1. I wonder...are the same PR hacks who wrote all of the “we’re all in this together? messages about the Wuhan lockdown the ones responsible for the smarmy “black lives matter” messages various companies are putting out?

Yesterday I was watching a movie on Vice, and the CEO kept interrupting the film to blather on about social justice. He is going to host a special, and among the guests—Trayvon Martin’s mother! That tells me all I need to know about the program. Outside of the false narrative constructed around it, the Zimmerman-Martin affair holds no enlightenment about systemic racism, police, or anything else useful, other than being a fine example of how the news media and politicians exploit race whenever they can.

The ethical values breached are honesty, responsibility, and citizenship.

2. Ann Althouse posted this sign from her neighborhood (Madison, Wisconsin).

Yeah, that attitude will really assist the battle against “systemic racism.” Nothing builds racial trust like one race telling the other that there are some opinions it can’t express because of their race.

These are the people that the NFL, Uber, BestBuy and so many other businesses and institutions are supporting.

The ethical value being ignored are trust and integrity. Continue reading →

“You Keep Using That Word, ‘Ethics.’ I Do Not Think It Means What You Think It Means…” [CORRECTED!]

/ Jack Marshall / 18 Comments

The Wisconsin Ethics Commission is a supposedly essential and honorable government agency whose mission is “ to promote and strengthen the faith and confidence of the people of Wisconsin in their government, support the operation of open and responsible government, preserve the integrity of the governmental decision-making process, and protect the rights of individuals through the administration of Wisconsin’s campaign finance, lobbying, and ethics laws, and through readily available and understandable disclosure of information.​”

Democrat Scot Ross was named to Wisconsin’s state Ethics Commission last week.  What are his qualifications? Well, he’s a career partisan journalist and bare-knuckles political activist, neither of which are occupations that tend to build strong ethics alarms, or, as they are currently conceived, have any use for them. They do have a tendency to vomit out people like Ross.

This week,  the new ethics commission member retweeted a photoshopped image —Do I really have to show it to you? I guess I do— Continue reading →

Let’s Knock Down Another Partisan False Narrative, Shall We? Republican National Committee v. Democratic National Committee

/ Jack Marshall / 6 Comments

“How the Supreme Court Curtailed The Right To Vote For Thousands” is the New York Times headline about the Wisconsin elections fiasco this month. The headline is misleading and inflammatory, insinuating that the Court majority aided and abetted a Republican effort to suppress votes. In fact, the majority, headed by Justice Kavanaugh, followed the law. I don’t know if Jim Rutenberg and Nick Corasanti, who wrote the story, actually read the opinion they are criticizing. I wouldn’t bet my life on it.

Luckily, Professor Turley was irritated about this, and explained why the narrative was garbage ten days ago. In a blog post titled, “No, The Supreme Court Did Not Just Help Rig The Wisconsin Election,” Turley wrote in part (but read it all):

…The decision of the Supreme Court to reverse the decision of a district court judge on extending the voting for the Wisconsin election this week has generated breathless headlines and comparisons to the Bush v. Gore decision in the 2000 elections. Such hyperbolic language aside, the decision was actually quite narrow and well-supported. Moreover, the dissent is chastising the majority for denying relief that the Wisconsin Democrats never requested from the District Court in their original preliminary injunction motion.

Translation: the minority, made up of Democratic appointees, were taking a partisan position based on politics, exactly what the Times reporters accused the conservative majority of doing.

The issue in Republican National Committee v. Democratic National Committee was not whether an election would be held this week in Wisconsin. … the Wisconsin Supreme Court blocked Gov. Tony Evers’ late executive order postponing in-person voting in Tuesday’s elections — specifically postponing the state’s presidential primary and hundreds of local elections. Evers’ took the unilateral action after he was refused his request by a special legislative session…. Evers previously admitted that “my hands are tied” in ordering a delay of the election and the legislature would have to do so. It then proceeded to refuse to do so. Evers then declared that he had the authority after all.

Got that? The Governor fist said that he didn’t have the power, then reversed himself when the legislature, which did have the power, refused to do what he and his party wanted. But as Turley points out, he was right the first time, since “his authority was transparently weak…He does not have that express unilateral authority under existing law.”

Turley goes on to say that he agrees with the governor that holding the election posed  “am unnecessary risk and forces citizens to choose between minimizing their exposure and declining to participate in the election. …However, this is ultimately a question for the state legislature.” If the law says it’s the legislature and only the legislature that can postpone an election, the fact that one party really really really wants it postponed doesn’t and can’t change the law, even if that party happens to be right.

OK,  pay attention now, because this is a mess: Continue reading →

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

/ Jack Marshall / 24 Comments

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told.  maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a  staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Morning Ethics Warm-Up, 6/13/2019: Rhode Island On My Mind Edition

/ Jack Marshall / 21 Comments

 

Providence, Rhode Island

Good morning!

I’m heading up to Little Rhodey in a few hours to once again collaborate with my brilliant Ethics Rock musician Mike Messer before the Rhode Island Bar, as well as to try to back about 7 hours of legal ethics and technology commentary into a 75 minute break-out session.

1. Once again, law vs ethics.The Wisconsin Supreme Court upheld those lame duck laws the GOP legislature passed to hamstring the new Democratic Governor. It is the correct decision. The measures were unethical, but legal, just like Mitch McConnell’s gambit to refuse giving Merrick Garland a hearing, just like Harry Reid’s “reconciliation” maneuver to get the amended Affordable Care Act passed without having to send it  back to the House.

2. Correct, but futile.  From the Washington Post: Continue reading →