Alternative Ethics

 

“Let me know when the jail sentence starts.”
— Kellyanne Conway’s contemptuous response to a reporter asking about her repeated violations of the Hatch Act.

Of course White House counselor Kellyanne Conway knows perfectly well there are no criminal penalties for violating the Hatch Act since it is purely an administrative prohibition. Government employees can be reprimanded or fired for violating the Hatch Act, or assessed a fine up to $1,000. There are other disciplinary penalties that the Office of the Special Counsel (OSC) can recommend as well, but none of them include filing criminal charges. The difficulty in disciplining Ms. Conway, however, is that the Hatch Act as currently constituted only allows the OSC to recommend to the president that he fire her, and can do nothing on its own to remove her because she is a political appointee. As applied to Ms. Conway then, the Hatch Act is toothless as long as the president backs her, and she is also very well aware of that fact.


The Hatch Act was pushed forward in 1939 by New Mexico Senator Carl Hatch in response to overt politicking on the job by employees of the Works Progress Administration (WPA) under the Democratic presidential administration of Franklin Roosevelt. It is interesting to note Senator Hatch was a Democrat. Apparently the sentiment at the time was that putting a stop to politicking by federal employees on the taxpayers’ dime was worth bipartisan support. Congress has amended the Hatch Act twice since 1939, though always the toothless nature of the penalties for higher ranking government officials has stood, and as a result presidents have often refused to abide by disciplinary recommendations left up to their discretion.

Kellyanne Conway Speaks to the Press (47751382671)
Kellyanne Conway speaks to the press outside the West Wing of the White House in May 2019. Official White House photo by Tia Dufour.

It’s no surprise the current president has dismissed the recommendation by the OSC that he fire Kellyanne Conway for her repeated violations of the Hatch Act and her disdain of ethics restraints. She is the kind of person he likes best – loyal to him and, when speaking for the administration, a bullsh*t artist, for lack of a more polite phrase which adequately describes her role and abilities. “Spin doctor” doesn’t quite convey her proficiency at spewing outlandish lies, a talent for which her only rival is her boss, the current president. The Oval Office occupant has couched his objection to the OSC recommendation as a violation of Ms. Conway’s free speech right, a dubious argument the Supreme Court has shot down numerous times before in regard to enforcement of the Hatch Act. Government employees are free as always to speak their minds on their own time, but in their official capacity they work for everyone in the country, not merely one political faction.

The people staffing the current presidential administration have little regard for the rule of law as applied to them, and certainly not for an Act dealing with professional ethics that has no legal bite to it. This attitude and tone is set by the current president, for whom laws and ethics and the truth are malleable when applied to him and those he likes. Past presidents and their staffs had at least some little sense of shame, which is apparently what Congress hoped for in 1939 when they passed the original Hatch Act in 1939. Congress must have hoped for voluntary compliance under the pressure of public shame and political calculations. They did not foresee an administration that behaved utterly without shame and invented alternative facts.

Michelle Wolf comments on Kellyanne Conway in this clip from a February 2017 episode of The Daily Show, hosted by Trevor Noah. Warning: foul language.

The worst actors in the current administration, such as Kellyanne Conway, have nothing but contempt for any rules that cannot threaten them with prison if they don’t comply. She and the president she serves are going to do the right thing only when it suits them to do so, not if it only serves the interests of the country. Recently some Democrats in Congress have put forward a bill to amend the Hatch Act in order to redress the lack of enforcement power of the OSC when pursuing complaints against senior political appointees. If the bill passes, presidents will no longer be sole arbiters in such cases. If the bill passes and Kellyanne Conway continues violating the Hatch Act by advocating partisan political issues in her official capacity, she still won’t end up in jail, but she and her boss may have to pay some real political consequences, which is the only thing they understand . . . maybe.
— Vita

 

This Just In

 

Website headline writers like to insert the word “just” in their copy for the sense of immediacy it conveys. They have room to insert the word because website headlines are usually sentence length descriptions rather than the terse summations newspaper copy editors used. Longer descriptions can be good teasers and also boost the rank of a website post in search engine results because that’s the way Google has decided sites and posts should be ranked, and Google sets the bar for search engines and for the internet generally. Ask them why.

 

Search engines don’t like the short headlines common in newspapers. The reason many headlines on the internet read the way they do is because writers are responding as much to what search engines like as they are to what they believe their readers like. It’s not easy keeping up with the Kardashians, and the only way websites can do it is to couch everything in terms of immediacy, as if it were all breaking news worthy of readers’ attention. To generate clicks on their posts and get them ranked highly in search engine results, website writers must tease about the content using descriptive headlines, and then make sure to give whatever they’re describing a sense of happening moments ago by tossing in “just” at least once.

War Ends
Residents of Oak Ridge, Tennessee, fill Jackson Square on August 14, 1945, to celebrate the surrender of Japan. Oak Ridge was one of three main sites of the Manhattan Project, and was responsible (though those working there did not know it) for refining uranium to be shipped to Los Alamos, New Mexico, to be fashioned into atomic bombs. Photo by Ed Westcott, working for the U.S. Army Corps of Engineers. The newspaper headline “War Ends” might not fly with today’s internet and social media news headline writers, who would be tempted to write “War Just Ends”, even though it would be open to multiple interpretations.

The tendency is to hype everything, even inconsequential matters. Add news sharing on social media, and the hype gets amplified to 11, as a member of the fictional heavy metal band Spinal Tap observed. Trust and references build credibility on social media, even if common sense and a little digging into sources reveals there are no grounds for credibility. Google hones search results based on what they know about users, and Facebook and Twitter follow Google’s lead while juicing results further by adding the finer details they know about their users. Facebook and Twitter set the bar in social media for how posts get pushed to the front for sharing on their platforms, and as long as readers keep clicking the wheels keep rolling, no matter how worthless are the posts everyone shares.

This clip from Sesame Street could serve as a metaphor for what the internet and social media have become.

A word such as “just” is a fine, serviceable word in most cases. Unfortunately, once some influential writers, platform arbiters, and readers on the world wide web and in social media adopt it as a manipulative expression it gets overused, abused, and misused on its way to becoming trite and tiresome. Just sayin’.
— Ed.

 

Once Upon a Time

 

“When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things.”
― 1 Corinthians 13:11; King James Version of The New Testament.

It’s fine to believe in fairy tales as a child, at least when the belief is harmless. Children learn about human behavior, often through the actions of animal characters, and they pick up some moral lessons. Fairy tales have their place in educating children, but that place is not in science textbooks. Recently the New Mexico Public Education Department injected a dose of the fanciful in editing science standards for the state’s schoolteachers to follow in their classrooms.


Perrault1
Mother Goose reading fairy tales in an illustration by Gustave Doré (1832-1883) for the frontispiece of an 1866 edition of Charles Perrault’s Stories or Fairy Tales from Past Times with Morals, or Mother Goose Tales.

The questionable edits dealt with the age of the Earth, evolution, and human-caused global warming. All the usually controversial subjects in the battle over teaching the nation’s youth. The standards that New Mexico’s top public school bureaucrats were altering came from the Next Generation Science Standards (NGSS), which were formulated by national science and teaching associations. Editing science teaching standards appears to be another case of cherry picking facts and replacing them either with fancy or with the assertion of widespread doubt where there really is very little, along the lines of what has been happening with textbooks for years now.

Texas has long been in the news for leading the way for creationists and climate change deniers in pressuring textbook publishers to muddy the scientific waters on those two subjects, and perhaps has served as an unfortunate model in that respect for other states like New Mexico and California. The playbook borrows from the scientific method in that it adopts skepticism as a tool for doubt, ignoring the part about overwhelming evidence eventually tipping the scales to the point where continued skepticism is no longer productive without the presentation of convincing countervailing evidence. Persisting in error to that degree becomes obstructionism, and while some of it is ideologically driven, it can often serve the ends of greedy corporations, such as in the fossil fuel industry.

From the 1975 film Monty Python and the Holy Grail, a scene where logic serves absurdity.

Teaching children falsely, either by substituting fanciful notions for facts or by omitting facts altogether, results in ignorant adults who are poorly prepared to manage real problems. Insisting children believe in fairy tales to the exclusion of understanding how the world really works will only reinforce the continued destruction of the environment and the misunderstanding of our place in it. Instructing children in dominion instead of husbandry replaces a clear-eyed view of what is and has been with what never was nor will ever be.
― Izzy

 

Planting for Tomorrow

 

“Someone is sitting in the shade today because someone planted a tree a long time ago.”
― investor Warren Buffett, known as the “Oracle of Omaha”.

If you have to be outside in the heat of a summer day, there is no sweeter relief than the shade of a large, spreading tree. Even staying indoors you can benefit from a shade tree if it helps cool the building you’re in, reducing the need for air conditioning. The first six months of this year have been the second warmest on record in the lower 48 states, after 2012. The National Weather Service accounts for climate data from 1895 onward, and according to their records 2016 was the warmest year of all.

Trees and shade - panoramio
Trees and shade in London, England; photo by TomasEE.
Drought has not developed as widely this year as in the recent past. The northern Plains states and southern Arizona have been hit hardest with drought this year, but elsewhere rainfall has been adequate. When it’s very hot, sufficient rainfall to keep plants, and especially trees, alive is crucial to mitigating high temperatures in the short and long terms, and maintaining trees as counterweights to further warming. A mature shade tree such as an oak can transpire over a hundred gallons of water in a day, drawing it up from it’s roots and losing it to the atmosphere from it’s leaves. Drought stresses trees and makes them vulnerable to pest problems, and if dry weather continues for several years in a row, the decline and death of trees can be due as much to pest damage as to lack of water for metabolic processes.
Summer is not the best time to plant trees because heat stress makes keeping up with watering difficult, but it is a good time to plan for planting in the best season, autumn. Balled and burlapped trees have been grown in a field, dug up with a root ball at least two or three feet wide and tall, and then the root ball wrapped in burlap to retain moisture until replanting. Such trees are tempting to buy because they promise shade sooner since they are bigger than container-grown trees. There are a number of reasons to resist the temptation.

 

Balled and burlapped trees are more often than not never root-pruned in the field, with the result that when the nursery digs up the tree, they cut off almost all the fine, fibrous roots at the outside of the tree’s root zone, and those are the roots which do the bulk of water and nutrient uptake for the tree. Because they are bigger than container-grown trees, balled and burlapped trees are more expensive to purchase. They are also more expensive to maintain for the first several years after replanting because they need intensive care on account of having to regrow fibrous roots. Until then, balled and burlapped trees will often not grow at all, and will even be surpassed in size and vigor in many cases by initially smaller container-grown trees.
Trees provide shade at the plaza
Trees provide shade at the Santa Fe Plaza in New Mexico; photo by WikTalksmart.
The reason is trees grown in containers have all or most of their fibrous roots. You can check this with a gentle tug on the trunk to see if there is some resistance to coming out of the container. Some unscrupulous nurseries will dig undersized field-grown trees and pot them up, knowing they could not sell them as balled and burlapped trees. Such trees will give little resistance to coming out of the container unless one or more of the large anchor roots is stuck in the side. There will be minimal fibrous root development. Another, perhaps simpler way to check for fibrous roots is to brush away some of the potting soil, making sure to replace it (when doing these tests, be gentle and put things back the way they were).
Artist.painting.at.Central.Park.New.York
Artist painting a picture in Central Park, New York City; photo by SpyON.
Whatever tree you buy and however it was grown, when you get it home, dig a ten dollar hole for a five dollar tree, but don’t overdo it or the tree will never try to extend its roots beyond the hole. Give it a little compost in the backfill and keep a light hand on the fertilizer. Water deeply and mulch lightly, and don’t pile the mulch up against the trunk, no matter how many “professional” landscapers you’ve seen do it! For as long as you take care of your tree, keep grass and other plants at least several feet away from the trunk, which will not only reduce competition for water and nutrients, but eliminate the possibility of mechanical damage from mowers and trimmers. Planting the right tree for your location will help reduce its need for extra water as it matures, though when absolutely necessary in the hottest, driest part of the summer, by all means give it water if you can. In time, your tree will reward you or someone in the future with cool relief from summer heat.
― Izzy