Tag Archives: ethics

No Question Here

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Federal District Judge Loren AliKhan is the presiding judge in Soffer v George Washington University, a case centered on allegations that antisemitic activity is rampant on the GWU campus. While serving in that capacity, the GWU Law School hired the judge as an adjunct professor.

The overlap has prompted questions about a potential conflict of interest, given federal rules requiring judges to avoid cases in which their impartiality might reasonably be questioned. AliKhan did not immediately step aside but issued a 10-day stay in late March to consider whether recusal is warranted. Since the April 20 status conference, no final decision has been publicly announced.

??

How is this even a question? Those Federal rules don’t just bar judges’ conflicts of interest, nor is this merely a matter of questions of impartiality. Those rules bar judges from actions that create even the appearance of a conflict of interest, a requirement that, if honored by judges, preempts any questions of impartiality.

It’s more than that, though. While AliKhan was presiding, she should never have even considered the GWU offer of employment, or she should have resigned from the bench altogether: teaching in a law school hews too close to the ethical line and creates that barred appearance of conflict.

That she hasn’t even deigned recuse herself yet (as I write on Sunday) is instructive of her level of ethics. Given that lack, GWU’s Law School should reconsider its hiring of her, and if the Law School can’t figure it out, GWU should act in its subordinate Law School’s stead. Either of those entiities’ decision to do nothing would be instructive, also.

“The lady should always walk on the inside.”

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Like nearly all blanket, all-encompassing rules, this one is just dumba*. A letter writer recounted an anecdote from early in his relationship with his wife.

My wife and I were walking down 5th Ave. in Manhattan with her on the outside closer to the street while I was on the inside…. We passed a man who promptly chastised me: “The lady should always walk on the inside.”

The letter writer meekly complied, and he was wrong to do so; although, his error was not in his timidity in the face of the officious, self-important accoster.

When my wife and I go for our walks, significant parts of the walks are along a greenbelt frequented by bobcats and, occasionally, coyotes. The bobcats mostly leave humans alone, though they want watching with the same caution with which they watch us. Coyotes, though, are much more aggressive and often attack the humans they encounter.

When we’re along those greenbelts, we cross, and my wife walks on the outside, the street side, while I switch to the inside, the side toward the danger. That danger is small, but it’s larger than the danger from the street.

The letter writer should have similarly assessed the relative dangers and adjusted their walking sides accordingly. In an earlier time, the lady generally walked on the gentleman’s left so he could keep his sword hand free in order to draw promptly against a brigand. That sort of danger obtains today, also, even if it isn’t a sword that the gentleman, or the lady, is carrying.

A European Plan to Hold Open the Strait of Hormuz

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They’re finally getting around to talking about setting something up—after declining to help force it open in the first place. That would be too dangerous for fragile European militaries, they say. Might get poked in the nose. Or as French President Emmanuel Macron so carefully euphemistically put it,

…reopening the strait by force would be “unrealistic[.]”

What’s really interesting, though (as an aside, I do wonder why those nations have military establishments if they’re not intended to fight), is who has been invited to this diplomatic coffee klatch and who has not (of course the US has not, but that’s not the interesting part). They’ve invited the People’s Republic of China and India. But they’ve apparently chosen not to invite the Republic of Korea, Japan, or Australia, each of whom also has a serious interest in the free flow of cargo, oil, and natural gas through the Strait. Of course, they chose not to invite the Republic of China; that would offend the PRC, and Europe is much too fearful of the PRC to do anything that would even remotely hint at that.

Saudis Want Negotiations

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Saudia Arabia is worried that the Houthis, a terrorist client of Iran, will close the Bab al-Mandeb and thereby block Saudi oil shipments from leaving the southern end of the Red Sea enroute to India, Asia, and points east. They fear an Iranian push on the Houthis in response to President Donald Trump’s (R) move to block the Strait of Hormuz against Iranian oil leaving, ships entering with a view to loading up on Iranian oil, and ships exiting that have paid the Iranian protection money.

Never mind that ships leaving with non-Iranian oil or other cargo—including the Saudis’ oil—and that have not paid the protection vig are free of the Trumpian blockade.

Against all that, the Saudis want Trump to go back to negotiating with the Iranian terrorists. Negotiate, the Saudis want, anything, anything to keep the Bab al-Mandeb open. Please.

No. Trump’s blockade must stay in place, and the destruction of the IRGC’s small boat fleet must resume forthwith, along with the resumed destruction of Iranian missiles and rockets and their launchers, along with the destruction of Iran’s drone inventory, launchers, and ability to manufacture any weapons of any type. It’s not possible to have meaningful negotiations with terrorists.

If the Saudis really are that married to negotiations and attendant terrorist accommodations, let them reach their own accommodation with the Houthi terrorists. Alternatively, the Saudis could get serious about fighting and destroying the Houthis themselves in place of their years of desultory, perfunctory potshots at the occasional Houthi enclave.

Hungary’s Election

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The results of Hungary’s election last Sunday are pretty much in, and the upstart Tisza Party, led by Péter Magyar, has won a resounding victory, 53.6% of the votes compared with 37.8% for Viktor Orbán’s Fidesz party, with 98% of the votes counted. That puts Tisza on track for a better than two-thirds majority in the nation’s unicameral Parliament.

Some on the Left in the US and in Europe are calling that a defeat of a traitorous right-wing Orbán and his party. Others have a different take on the outcome:

Notre Dame College Republicans
@NDRepublicans
Orbán was just voted out democratically and conceded. Meanwhile countries like France, Germany, and Romania ban opposition candidates from running, cancel elections, and surveil parties for “extremism” if they oppose immigration.

Rasmus Jarlov @RasmusJarlov · 19h
This is the biggest and most needed defeat for traitor right in Europe in modern times. It is not a victory for the left. But a victory for sane conservatism that believes in democracy and does not ally with the enemies of Europe. This is what….

In the event, we’ll see. Magyar wasn’t very unifying in his victory speech:

Together we replaced the Orbán system. Together we liberated Hungary and took back our country. Those who commit the sin of dividing the nation must leave power.

Neither was Orbán:

What today means for our homeland, we do not know, time will tell. In any case, we will serve our homeland even in opposition.

It appears, though, that the Notre Dame Republicans have the better read. Divisive rhetoric, or not, this was a more democratically achieved election outcome than those of the so-liberal France and Germany and Romania.