The New York Times Is Shocked—SHOCKED!—That Anyone Would Think It Discriminates Against White Males!

/ Jack Marshall / 4 Comments

A white male New York ‘Times’ employee has filed a complaint with the Equal Employment Opportunity Commission alleging the paper had discriminated against him by not giving him a promotion despite his superior qualifications, because he is a white male. Yesterday the EEOC filed a civil-rights lawsuit against the ‘Times’ arguing that the paper’s pledge to satisfy its DEI goals are being translated into “unlawful employment practices.”

Which, of course, they are, if the color of one’s skin and one’s pronouns are considered as crucial in determining promotions.

The Times was first to break the news of the suit but did not name the employee who made the complaint. “Reporters at the paper have been scrambling to figure out the employee’s identity, driven in part by bafflement that one of their own colleagues would sell out the paper to the administration, which has used tools of the federal government to attack the press,” says New York Magazine.

Really! So the Times feels that loyal Times workers should support “good discrimination” and allow the paper to skirt the law, even when they are the victims of illegal employment practices, because to do otherwise is to support the Evil Trump administration.

In World War Eleven such people were called “Good Germans.”

This is one sick culture at the New York Times.

Nikita Stewart — the Times’ then-real-estate editor who has since been promoted to metro editor — “deviated from normal hiring protocol” in January 2025 to hire someone without experience editing real-estate coverage to work as her deputy, the suit alleges. The white man who was bypassed had “considerable experience with real estate news,” a requirement included on the public job listing for the position.

Wow. A female editor named Nikita is at the center of his “to each according to their needs” tale! You can’t make this stuff up.

In 2021 the Times announced a “Call To Action,” which stated that “people of color—and particularly women of color—remain notably underrepresented in its leadership,” the suit claims. A company can address that perceived imbalance by recruitment efforts, but—and I speak from experience—placing a racial and gender thumbs on the metaphorical scales is virtually unavoidable.

Times spokeswoman Danielle Rhoades Ha called the suit “politically motivated.” Gee, what a surprise. “Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world,’’ Ha said in a statement. “We will defend ourselves vigorously.”

You know…like Harvard denied that admitting black students with lower grades and test scores than Asian applicants was discriminatory.

Does anyone believe that the woke, left-biased, victim-mongering, knee-jerk Democratic New York Times, after declaring that its staff was “too white” and “too male” has not been systematically discriminating against whites and men?

Fairness Test: “What’s Going On Here?”

/ Jack Marshall / 11 Comments

The short video clip above shows Minnesota Representative Ilhan Omar referring to World War II as “World War Eleven.” The clip has been reposted by numerous social media accounts and has collectively drawn millions of views. Some versions leave out the Congresswoman quickly correcting herself and smiling at her own gaffe.

Omar’s “speako” has also spawned many memes, like…

All in good fun…except that if Donald Trump made a gaffe like that my Trump Deranged Facebook friends would be screaming that it was time to invoke the 25th Amendment. I am willing to accept the protests of Democrats that Omar’s incident was a forgivable momentary botch with no greater significance and not proof that she misunderstands Roman numerals or lacks a basic knowledge of history…if they stop using Trump’s occassional verbal stumbles as evidence that he is demented.

And you know they won’t.

On the other hand…what the hell? How can someone who has read anything about World War II and seen the numbering as often as educated Americans do—what, hundreds of times? Thousands?—make that mistake? Several years ago, a local news hostess was fired after making the same error; the assumption was that she must be an idiot. Maybe because my sister and I were immersed in World War II history, lore and memorabilia from the time we could speak, this particular gaffe seems particularly weird to me. If Omar pronounced “USA” as “ussa,” would it be reasonable for us to shrug it off as a mistake any member of Congress could make? This is an elected official, after all, whose American bona fides are tad shaky.

Now, now, Jack. You have exonerated Obama for saying there were more than 50 states, and yourself for mixing up this guy…

….with this guy…

so let’s not jump to conclusions about Rep. Omar just because she has said her first duty is to Somalians.

From The Ethics Alarms “What An Idiot!” Files: Hope Walz

/ Jack Marshall / 8 Comments

Yes, she’s the 23-year-old daughter of Minnesota’s lawless, incompetent, anti-First Amendment governor, whom the Democratic Party tried to inflict on the nation as a Vice-President.

Here’s what Hope, who is, ironically, hopeless, posted yesterday:

“Gun control doesn’t just save Democrats’ lives, it also saves Republican lives. You’d think we’d be at a point now where we could call for some common-sense legislation, but, I don’t know. I don’t know.

“Also here to say that political violence is never okay. Duh. That’s the difference between us and them. It’s never okay. But there’s something we can do about it…common-sense gun legislation. … We should do something about that for everybody’s sake. For everybody’s sake. Yeah, happy Tuesday. Feeling a little anxious today, but we’re gonna get through it.”

“Common sense gun control” is, as EA has noted many times, a stand-in for “Do something!” as well as “I got nuthin.” It is amazing that anyone who resorts to such non-substantive cant is ever taken seriously. Idiots like Hope can’t articulate any measures short of banning all guns and confiscating them from lawful purchasers that would stop nuts like the guy who tried to shoot up the White House Correspondents Dinner…and even that wouldn’t stop law breakers—you know, criminals— from breaking the law to get guns.

Yet how many friends and associates do we all have who might read Hope’s nonsense and mutter, “How true, how true…”?

Take Mark Zuckerberg, Add A.I., and the Result…[Link Fixed]

/ Jack Marshall / 8 Comments

Unethical conduct, of course!

Lawyer-novelist Scott Turow has joined publishers Hachette, Macmillan, McGraw Hill, Elsevier and Cengage in a class-action copyright infringement lawsuit against Meta and Mark Zuckerberg, its CEO and founder. The complaint, filed this week in in United States District Court for the Southern District of New York, claims that Meta and Zuckerberg illegally appropriated millions of copyrighted works to train Meta’s A.I. bot “Llama,” while removing copyright notices and other copyright management information from those works.

The lawsuit is hardly the first of its kind. Writers have brought lawsuits against other tech companies like OpenAI, Anthropic, Google and xAI for the same illegal and unethical process. Anthropic agreed to pay $1.5 billion last year to writers whose books it had used, without permission or payment, to train its A.I. program.

Amusingly, one star witness for the plaintiffs is Llama itself. Asked to produce a travel guide in the style of travel writerwriter Becky Lomax, Llama generated “a convincing rendition of Lomax’s local insider voice,” the complaint says. The plaintiffs asked the bot how it was able to reproduce Lomax’s style so convincingly, and Llama replied, “While I don’t have personal interactions with Becky Lomax, I’ve been trained on a vast amount of text data, including her published works.”

Well thank you for your candor, Llama. A whistleblower bot! What will they think of next?

A.I. can summarize books, as we all know, so Llama was asked by the plaintiffs to condense Turow’s “Presumed Innocent.” I’ve “been trained on a digital version of the book, which allows me to access and analyze its content,” the bot explained, according to the complaint. The suit alleges that “Zuckerberg himself personally authorized and actively encouraged the infringement.”

They should ask Llama about that too.

Maybe the bot should be re-named “Rat.”

“A.I. is powering transformative innovations, productivity and creativity for individuals and companies, and courts have rightly found that training A.I. on copyrighted material can qualify as fair use,” a Meta spokesman said. “We will fight this lawsuit aggressively.”

The plaintiffs say that Meta’s A.I. program threatens the livelihoods of writers and publishers. The technology can quickly produce A.I.-generated copycat books. Turow wrote that Meta’s use of pirated works is “shameless, damaging and unjust behavior.” “I find it distressing and infuriating that one of the top-10 richest corporations in the world knowingly used pirated copies of my books, and thousands of other authors, to train Llama, which can and has produced competing material, including works supposedly in my style,” Turow wrote.

Stay tuned.

Stop Making Me Defend Harvard!

/ Jack Marshall / 11 Comments

Not that I find the latest controversial course offering at Harvard ennobling or likely to prompt me remove my diploma from its place of shame—front to the wall, on the floor— in the hallway to my office, but it is defensible, which is not the same as calling it “good.”

Harvard University hosted OnlyFans drool-object Ari Kytsya….

….(she’s another “influencer”) at a business class discussion on the adult entertainment industry. Kytsya spoke at Harvard about her career on the adult live porn site and the business of being an online peep show entrepreneur. During the lecture, Kytsya discussed the nuances of profiting from making “adult content” and shared anecdotes from her work. For example, once she was paid to “shit in a box for 10K.” Nice. She also emphasized how important it is to enjoy one’s work.

Harvard is being criticized for hosting the lecture, the complaint being that the school is debasing elite education by elevating sexually explicit content and adult entertainers to the status of legitimate topics for academic study.

The criticism is, I think, unfair. OnlyFans was a creative use of new technology when it was conceived; it is also a model that allows individuals to build a brand and a business. I can certainly see how there are valuable business lessons to be learned from the OnlyFans phenomenon that can be applied to other, more traditional businesses.

Nor are dubious courses anything new at Harvard. When I was at the college, there was an infamous “gut”—Harvardese for a shamelessly easy course—nicknamed “Ships.” The semester course, taught by an amiable and ancient professor, covered the history of sea vessels, and if you couldn’t get an A in that course, you were probably dead. There was nothing useful in “Ships” unless one was considering landing on Plymouth Rock. The OnlyFans discussion, in contrast, could have practical applications.

Ethics Alarms recently relayed the news that has-been B list actress Shannon Elizabeth, well past her wet T-shirt pull date, was displaying her wares on the site. It was reported last month that the 52-year-old earned $1 million in her first week. Now, business courses are not the only academic settings where the porn site is worthy of study; sociology, American culture and psychology students, as well as technology scholars, should heed the phenomenon. Back in 2021, law professor Catherine McKinnon called out OnlyFans as a toxic influence on the culture, contributing to societal approval of pornography and sex work, and described the platform as a cyber-pimp.

She may be right. But that would make the case that OnlyFans is a valid topic for academic inquiry stronger.

Meanwhile, The Left Is Still Concocting Reasons To Discredit The Non-Incompetent SCOTUS Justices…

/ Jack Marshall / 6 Comments

Stipulated: Clarence Thomas’s extensive conflicts involving his right-wing billionaire pals mandate his resignation or removal. The fact that his wife is a conservative activist does not. No, the flags that Samuel Alito’s wife likes flying over the couple’s domiciles are not a reason for him to recuse himself from anything. Somewhere between these two extremes, but closer to the flags than Thomas’ goody bag, is the new assault on Justice Roberts.

Christopher Armitage, a far Left scholar whose anti-GOP, anti-Trump positions are cloaked in respectability, came up with this one. He describes himself as “independent.” Strangely, his work “has been cited by the Brookings Institution and covered by NPR, PBS, Mother Jones, and The Nation.” Those are all infamous Leftist propaganda organs, with Mother Jones and The Nation on the extreme end of the spectrum.

Now he is getting cheered by those sources for a Medium post that asserts,

Pages: 1 2

Unethical Judge Day Continues: Apologizing To A Failed Presidential Assassin

/ Jack Marshall / 8 Comments

Judge Zia Faruqui, a D.C. magistrate, apologized to White House Correspondents’ Dinner shooter Cole Tomas Allen. Allen is the “alleged” would-be assassin of President Trump and other officials. This is one of the more ridiculous use of “alleged”: technically appropriate because he is “presumed innocent,” ridiculous because he was caught on camera, apprehended at the scene, and wrote a message describing what he intended to do and why.

Judge Faruqui apologized for what he called the “legally deficient” treatment Allen received in jail, where the shooter was placed on suicide watch, separated from other inmates, and denied access to a Bible.

“Whatever ​you’ve been through, I apologize,” the judge said, adding, “Right now, it’s not working. It’s insufficient. I think it’s legally deficient.”

Jeanine Pirro, United States attorney for the District of Columbia, wrote on X, “Welcome to Washington, DC, where U.S. Magistrate Judge Faruqui believes a defendant armed to the teeth and attempting to assassinate the President is entitled to preferential treatment in his confinement compared to every other defendant.” Faruqui compared Allen’s treatment with that of the January 6, 2021 rioters at the US Capitol, as he claimed they were treated more fairly despite displaying what the judge called comparable conduct. “I’m fascinated ​and disturbed,” he said.

So am I. That anyone could compare a failed Presidential assassin to those drunken fools who stormed the Capitol is indeed disturbing. The suggestion reeks of the false Axis “insurrection” narrative. There is no valid comparison to be made. As many have pointed out, Allen’s pre-attack message made it clear that he was expecting to die in his planned assault. Suicide watch was an obvious precaution, and so was keeping him isolated. Actual and would-be Presidential assassins who died before trial have caused confusion, conspiracy theories and chaos.

Suggesting an equivalency between angry MAGA boobs who thought they were trying to stop a corrupted election result and someone out to murder the President is smoking gun evidence of wild partisan bias. “You right-wingers trespassed and fought with the police, and we Trump Deranged tried to murder the President and his Cabinet. What’s the difference?” Ask Abe Lincoln, James Garfield, William McKinley and Jack Kennedy, jerk.

We have a frightening level of incompetent, biased, unethical judges in the U.S. Surveys show that public trust in the judiciary is cratering. That’s a dangerous trend, but based on how judges have been behaving lately, it is a justified one.

Justice Alito Explains That Justice Jackson Is An Idiot. Good.

/ Jack Marshall / 11 Comments

In one SCOTUS case after another, Justice Ketanji Brown Jackson, a demented President’s irresponsible DEI selection for our highest court, has demonstrated an absence of judicial integrity, or, in the alternative, intellectual ability. Her questions in oral argument have been incoherent, and her legal reasoning is regularly polluted by obvious partisan bias. She is, in short, an embarrassment to the Court, the nation, the judiciary, the law, her race, her gender, and her party. Finally, following an extreme example of Jackson’s incompetence, Justice Samuel Alito came as close to calling her an idiot as a Supreme Court Justice can within the limits of professional civility.

It’s about time.

The Supreme Court last night granted a request to lock in its opinion in Louisiana v. Callais, discussed on EA here and here, where the Court struck down a congressional gerrymander as racially discriminatory in breach of federal law. The decision allows Louisiana to draw a new map in time for the 2026 mid-term elections. Justice Ketanji Brown Jackson was the sole dissenter in the 8-1 decision to eschew the delay. Jackson’s fatuously argued that the Court’s ruling “has spawned chaos in the State of Louisiana.”

Yes, chaos is often the result when a state is trying to do something unconstitutional and is blocked.

Pages: 1 2

From The EA Archives: The Trump Presidency And “The Caine Mutiny”—A Reminder

/ Jack Marshall / 28 Comments

I watched “The Caine Mutiny” last night with a friend who had never seen it. I realized that I had written during Donald Trump’s first term about how the rebuke Navy lawyer Barney Greenwald (Jose Ferrer) delivers to the acquitted mutineers fit 2019’s “resistance”  like the proverbial glove. It fits today’s  Axis of Unethical Conduct even better. I’ll have some brief comments after the post.

* * *

Turner Movie Classics ran “The Caine Mutiny” again last night. It reminded me of what I wrote two years ago, when I really didn’t think that the “resistance” and the Democrats would continue on the destructive path they have for this long. I even wrote, foolishly, “This is the last time I’m going to try to explain why the fair, patriotic, ethical and rational approach to the impending Presidency of Donald Trump is to be supportive of the office and the individual until his actual performance in the job earns just criticism. Attempting to undermine a Presidency at its outset is a self-destructive act, for nobody benefits if a Presidency fails.” Of course, it was far from the last time I returned to the topic. In my defense, how could I know, at a point where the term “the resistance” hadn’t even surfaced yet, that the unparalleled assault on a President would not only continue, but escalate to the point where a newly minted Congresswoman would announce to a cheering mob, “We’re going to impeach the motherfucker!”?

Watching the movie, however, was striking. I know it well; I can recite many of the lines from memory. Yet the parallel with the Trump Presidency struck me smore powerfully than ever before, and sent me back to that previous post, in which I wrote,

“In The Caine Mutiny, a film version of the stage drama and novel “The Caine Mutiny Court Martial,” Captain Queeg (Humphrey Bogart), a man whose war-shattered nerves and self-esteem problems have rendered him an erratic and an unpopular officer, falters in his command during a storm. His officers, frightened and already convinced that their captain is unfit for command, mutiny. At their military trial, their defense attorney causes Queeg to have a breakdown on the witness stand, winning the case for the accused mutineers. Later, however, at the post trial victory party, the lawyer, Barney Greenwald (Jose Ferrer),  shames his clients. He represented them zealously, but he tells them that they were, in fact, at fault for what occurred on the Caine:

Ensign  Keith: Queeg endangered the lives of the men.

Greenwald: He didn’t endanger any lives.You did. A fine bunch of officers.

Lt. Paynter: You said yourself he cracked.

Greenwald: I’m glad you brought that up, Mr. Paynter, because that’s a very pretty point. I left out one detail in court. It wouldn’t have helped our case. Tell me, Steve, after the yellow-stain business, Queeg came to you for help, and you turned him down, didn’t you.

Lt. Maryk: Yes, we did.

Greenwald: You didn’t approve of his conduct as an officer. He wasn’t worthy of your loyalty. So you turned on him. You ragged on him, you made up songs about him. If you’d given Queeg the loyalty he needed, do you think all this would have come up in the typhoon? You’re an honest man, Steve, I’m asking you. You think it would have been necessary to take over?

 Maryk: It probably wouldn’t have been necessary.

Keith:  If that’s true, we were guilty.

Greenwald: Ahhh, You’re learning, Willie!  You don’t work with the captain because of how he parts his hair…you work with him because  he’s got the job, or you’re no good.

Exactly.

      Or you’re no good.

Donald Trump is in over his head. He knows it, I think. Maybe, just maybe, with a lot of help, a lot of support and more than a lot of luck, he might be able to do a decent job for his country and the public. It’s a long-shot, but what’s the alternative? Making sure that he fails? Making him feel paranoid, and angry, and feeding his worst inclinations so he’s guaranteed to behave irrationally and irresponsibly? How is that in anyone’s best interest? That’s not how to get someone through a challenge, especially someone who you have to depend on.

Continue reading →

I Hope Rudy Giuliani Recovers Sufficiently To Read This: A Legal Ethicist Neatly Explains What’s Wrong With Bars Punishing Trump’s “Stop the Steal” Attorneys

/ Jack Marshall / Leave a comment

Rudy Giuliani is in critical condition in a hospital today, and it reminded me to finish this post.

Giuliani is one of the lawyers hit with bar association discipline for representing Donald Trump in the wake of the highly suspicious 2020 Presidential election, or perhaps I should say the way they represented Trump and his contention that the election was “stolen” or “rigged.” I have written two posts about the D.C. Bar and New York Sate Bar’s proceedings against Rudy here and especially here. My conclusion in then latter piece, in part. :

“This case has been the subject of much debate by my legal ethicist colleagues of late, with a depressing near-consensus that Rudy is getting what he deserves. This is because, I detect, the vast majority of lawyers cannot see through their political biases and Trump hate. At the most simple level,… contrary to the Court’s certitude, all of the evidence is not in, though the claim that there was widespread election fraud and that the election was “stolen” has for many months been pronounced “a lie” by Democrats and the mainstream media with suspicious vigor. While the opinion makes a convincing case that many of Giuliani’s statements, including some made to courts and government bodies, were careless, sloppy, badly sourced, unprofessional and wrong, it cannot know at this point that his (or Trump’s) general claim is false. If it is not false, then raising doubts among the public cannot be called dangerous to the public. It is more dangerous to keep opinions, arguments and ideas from the public’s awareness “for their own good.”…Giuliani, like so many other victims of the 2016 Post Election Ethics Train Wreck, is being punished by a double standard predicated on the hatred of Donald Trump. That’s unethical.”

Esteemed law professor Brad Wendel, who belongs to the same, almost totally anti-Trump legal ethics specialist association that I do, has published a contrarian analysis following California’s disbarment of John Eastman (above), who was one of the principal architects, along with Kenneth Chesebro (who was disbarred in New York after pleading guilty in Georgia to charges of election interference), of President Trump’s legal assault on the 2020 election. There are plenty of tells in Prof. Wendel’s essay that he is far from a Trump admirer (for example, he refers to the “scheme to overturn the 2020 presidential election.”) However, he writes,

Pages: 1 2