Morning Ethics Warm-Up, 2/4/18: Getting Pounded On The Head To Make Us Confused About The Nunes Memo Edition

Minnesota yesterday. Unfortunately, the game is indoors…

Good morning!

1 So Depressing. I guess we have to conclude that liberals, progressives, Democrats and “the resistance” will never have any objection to rampant news manipulation and partisan bias in the news media until and unless the think it has turned against their interests.

I wonder why they don’t think a properly functioning participatory democracy supported by an informed electorate is in their interests. Oh well…

Working furiously to bolster Democratic Party efforts to throw dust, mud and static around Rep. Devin Nunes’ memo so the public gives up and moves on to other things, the Associated Press wrote that the conservative Washington Free Beacon, not the Democratic Party and the Clinton campaign, had paid for the Christopher Steele Trump dossier. Then MSNBC’s Katy Tur  passed the misinformation along, and (of course) so did CNN, on the air. This fake story was definitively disproved months ago. The AP’s eventual correction was also needlessly confusing:

“In a story Feb. 2 about a Republican memo on the Russia investigation, The Associated Press erroneously reported that a former British spy’s work on an opposition research project was initially funded by the conservative Washington Free Beacon. Though the former spy, Christopher Steele, was hired by a firm that was initially funded by the Washington Free Beacon, he did not begin work on the project until after Democratic groups had begun funding it.”

I cannot  find any record of a correction from CNN.  (Presumably anyone who believes Katy Tur about anything is beyond help.)

2. Keep repeating: “Acting guilty doesn’t prove guilt. Acting guilty doesn’t prove guilt…” Byron York, a hard-working and generally straight-shooting political reporter at the Washington Examiner (which I always get mixed up with the Free Beacon) correctly explains why the most frequently heard and read attacks on Nunes’ memo are part of a disinformation campaign. The main one:

Did the FBI tell the court about the Hillary Clinton campaign’s involvement in the Steele dossier? The memo says the FBI used the dossier to get a warrant on [Carter] Page, but, “Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the [Democratic National Committee], Clinton campaign, or any party/campaign in funding Steele’s efforts.”

That passage appears to be indisputably true. No one is claiming the FBI informed the court that the Clinton campaign and the DNC were behind the Steele dossier. But Democrats have still pushed back by arguing that the FBI did tell the court that the Steele information came out of a political context, that it kinda, sorta gave the court the idea that a source was politically motivated.

Exactly how the FBI did that is not clear. So far, news reports are all over the lot. The Wall Street Journal reported that the FBI “did disclose Mr. Steele was being paid by a law firm working for a major political party.” The New York Times reported that the FISA application “was more forthcoming with the surveillance court than the Republicans say. The FBI told the court that the information it received from Mr. Steele was politically motivated, though the agency did not say it was financed by Democrats.” And the Washington Post reported that the court “was aware that some of the information underpinning the warrant request was paid for by a political entity, although the application did not specifically name the Democratic National Committee or the Hillary Clinton presidential campaign.”

None of that disproves or contradicts what the memo said. Sources familiar with the application suggest that it noted there might have been a political motivation behind some of the information. But Republicans ask why it would be acceptable for the FBI to actively withhold from the court the fact that the Clinton campaign and the DNC specifically were behind the Steele dossier. It’s not clear what the Democratic answer to that will be in coming days.

It is emblematic of how intellectually dishonest the attempts to dismiss the import of this matter are that telling the judge that ” the information it received from Mr. Steele was politically motivated” is being claimed to be the equivalent of telling the judge “this dossier was prepared for and paid for the Clinton campaign and the DNC.” That is a major, material distinction, when the same party controls the administration the Justice Department attorneys are working for.

3. Wow, that’s hilarious, Bill! Here was a section of Bill Maher’s side-splitting rant about the Nunes memo on HBO’s “Real Time” yesterday. Interesting question: do comedians have any obligation to try to accurately portray what they are making fun of? This is res ipsa loquitur; I’m not wasting my morning ticking off the myriad factual misrepresentations, the ends justify the means rationalizations, the mind-blowing hypocrisy, and the warped reasoning here, but if you are looking for something to do this afternoon and have run out of crossword puzzles, I’d love to get a full list. At least the rant is so darn funny, it’s justifiable.

“Forget Groundhog Day. The only large, rat-like creature I’m concerned about is Devin Nunes. Of course, it’s not fair to single him out. All the Republicans these days are treasonous rats. Trump declassified this Nunes memo, which is supposed to make us think that our own top law enforcement people are crooked so Trump can get away with his Russia crimes. Problem is, Republicans talk about this memo as if it’s some smoking-gun piece of evidence they uncovered. No! They wrote it! They uncovered it in their printer! It’s not an intelligence document, it’s a Facebook post that you briefly skim before clicking ‘unfriend.’ They did not like what the FBI was finding out about Trump, so like the true patriots they are—of Russia—they attack the FBI and the Justice Department because they’re ‘biased.” Yes, because they’re in law enforcement and the Trump crime family commits crimes, so that’s what they’re supposed to do! It’s like saying the exterminator is biased against the termites. This Republican delusion that Robert Mueller, a Republican who’s there because of Trump, is conspiring with Rod Rosenstein, the acting attorney general, a Republican who’s there because of Trump, and of course Mueller’s old buddy, Jim Comey, another Republican appointed by Trump, and Trump’s attitude is, ‘Jeez, what a bunch of idiots. Who put them in charge?’”

(President Trump appointed Comey?)

Rewarding Violence And Vigilante Justice: The Unethical Glorification of Randall Margraves

That’s Margraves on the left, with Nassar, his target, cowering in red…

During the sentencing hearing for sexual predator Larry Nasser in an Eaton County, Michigan courtroom, Randall Margraves, the father of three daughters who were all molested by the former USA Women’s Gymnastics doctor, shouted “You son of a bitch!” and rushed Nassar.  He was tackled and placed in handcuffs. Before the attack, Margraves asked Judge Janice Cunningham to grant him “five minutes in a locked room with this demon. Yes or no.”  Perhaps he thought she was Ingham County Court Judge Rosemarie Aquilina, who might have granted his request based on her words at his previous sentencing hearing. Cunningham, however, refused the request.

After the father’s attempt to take the law into his own hands, Michigan Assistant Attorney General Angela Povilaitis told the stunned courtroom, “We cannot behave like this. This is letting him have his power over us….You cannot do this. I understand Mr. Margraves’ frustration, but you cannot do this. Use your words, use your experiences. Do not use physical violence.” Judge Cunningham added,

“We cannot react by using physical violence and assault against someone who has performed criminal acts. What Mr. Nassar did is horrible. It’s unthinkable, but please let the criminal justice system do what it is supposed to do and issue the punishment he should get.”

Nonetheless, no charges were filed against Margraves. Wrong.  This is irresponsible and hypocritical, as well as cowardly. (We know any punishment will be unpopular with the “Think of the children!” and the “What if it was your daughters?” crowds as well as the “Punch Nazis in the face”  constituency) If the message really is that a society can’t give in to vigilante justice and let citizens employ physical violence as extra-legal means to exact vengeance against criminals, then those who behave this way must be punished.  If they are not, then the opposite message is sent: “Well, when someone is really bad, and hurts someone you really care about, we sympathize. We understand how you feel.” What if Margraves had reached Nassar and delivered a punch to his face, fracturing his jaw? Or ripped his lips off? That he didn’t was just moral luck. Would the father have been charged then, as millions around the nation shut down their ethics alarms and cheered?

For the justice system to remains coherent and maintain integrity, the father had to be charged. Continue reading

Ethics Quiz, Super Bowl Edition: Justin Timberlake’s Integrity [UPDATED]

Justin Timberlake, who will headline the Super Bowl LII halftime show while I’m not watching, was asked at a news conference this week whether he would support his son Silas if he wanted to play in the NFL. said Thursday that he will not allow his 2-year-old son play football. Timberlake responded : “Uh, he will never play football. No, no.”

Let us assume, for the sake of the quiz, that the reason Timberlake will veto football for his son is that he does not want his offspring ending up with the IQ of his fellow Mickey Mouse Club cast member and one-time girlfriend, Britney Spears. So why, if the singer does not approve of what playing NFL football does to brains, is he participating in the biggest showcase of the most dangerous major professional sport?

Your Ethics Alarms Super Bowl Ethics Quiz is…

Is Timberlake a hypocrite to accept payment to promote the Super Bowl and participate in pro football’s biggest event, while stating that he would not permit his son to play football?

My answer: sure he is. This isn’t like the cases we have discussed in past posts where American performers have accepted huge amounts of cash to perform for dictators abroad. Those have been private events, and a performer does not endorse his audience. Timberlake, however, is actively participating in the promotion of football and the NFL, to to the nation, and particularly to children. The Super Bowl has always been equal measures of sport and hype, and the half-time shows are hype. If he believes football is dangerous, which it is, he should not accept a fee to make the sport attractive to kids, or help the NFL attract impressionable young viewers.

[Update and Correction: readers Arthur in Maine alerted Ethics Alarms that star performers in the Super Bowl halftime show are typically not paid, but do the show for publicity. This doesn’t change my answer at all.]

Your Ethics Alarms Super Bowl Guilt Trip

You know that by watching the Super Bowl, you’re helping to kill and cripple young men, right?

Sure you do.

You and people like you watch the Super Bowl, maybe hold parties around it, allowing the NFL to make millions of dollars selling ads and merchandise off of the most watched sporting event of the year. And, of course, the popularity of the Super Bowl makes it the year’s #1 promotion for the billion dollar mega-industry that is the National Football League, and down the line, for billion dollar corrupt big time college football, and in places like Texas and other regions warped by the “Friday Night Lights” mentality, high school football, and further down the line, youth football, where kids a young as 8 begin getting the blows to the head that will help make them confused and dysfunctional in their fifties or earlier if they play long enough…and maybe even if the don’t.

Hey, these are great nachos! Is this a microbrew? Look at that funny ad!

The film above, “Concussion Protocol,” was released this month, and shows a compilation of every reported concussion this season. Directed by Josh Begley and produced by Laura Poitras,  it is believed to be a nearly complete compilation of the NFL’s reported 281 concussions this season, the most since 2012. The NFL, which is affirmatively evil, is spinning this as a good thing, pointing out that it means that players are self-reporting their head injuries more often.

Sure. That must be it. Bravo! Problem solved. DE-Fence!
Continue reading

Comment Of The Day: “Ten Ethics Observations On The Nunes Memo”

I think this is the shortest Comment of the Day yet, a single sentence with an introduction, but it is a brilliant one. I am abashed that I didn’t think of it, but no one else has either, as far as I can determine. Circulate it widely, especially to your Facebook friends who are horrified that anyone would try to impugn a spotless American Institution like the FBI.

Here is Chris Marschner’s Comment of the Day on the post, Ten Ethics Observations On The Nunes Memo

You may have missed one glaring observation…

Comey, pundits, and Democats decry the Nunes memo as a smear on the FBI, attempts to sully the reputations of our premier agencies but have no problem casting doubt on our electoral process, smearing a bothersome but duly elected person to the high office of president, and telling the world of his transgressions.

Morning Ethics Warm-Up, 2/3/18: On The Nunes Memo, The Times Flunks (Another) Integrity Check.

Cold Morning! I mean, Good Morning!

Anne Frank would still read The New York Times, I guess…

(Anne Frank belongs in the Ethics Alarms Heroes Hall of Honor. I will fix that with a post this month–she probably dies in February, 1945. Don’t let me forget.)

1 “But you know what I sometimes think? I think the world may be going through a phase… It’ll pass. – I still believe, in spite of everything, that people are really good at heart.” Or maybe not. I gathered up all my idealism and hope, and thought that maybe, just maybe, after the ugly and destructive lynch mob it has constituted for over a year to try to destroy the elected President, the mainstream news media, faced with incontrovertible evidence of frightening lawlessness and an attack on democracy by the previous administration in the midst of a Presidential campaign, would finally show some integrity and do its duty.

Then I read today’s New York Times.

The headline: GOP MEMO LEADS TO FRESH JOUSTING ON RUSSIA INQUIRY.

Unbelievable. That’s the news? That there is “fresh jousting”? The memo, as I accurately explained in the previous post, shows that the Obama administration’s Justice Department knowingly used opposition research, funded by Obama’s party and its Presidential candidate, that has substantially been discredited  by the FBI, the same agency that represented it to the court, as evidence justifying a FISA warrant against an American citizen and a member of the opposing party’s Presidential campaign and the Republican Presidential campaign itself.

I don’t see any mention of the Russian collusion investigation in that sentence, but that sentence still suggests a serious scandal involving abuse of civil rights and tampering with the election by law enforcement and a partisan Justice Department. If the so-called “newspaper of record” was objective and trustworthy, some version of that sentence would have been its headline, not an intentionally misleading headline stating that the “news” just is more political “jousting.”

Think about it: the Times is using a less interesting and provocative headline that the one that is justified by the facts. The only reason it would do this is misdirection born of a political agenda. No, Hanlon’s Razon does not apply here. This is not incompetence. This is malice.

2. “It’s really a wonder that I haven’t dropped all my ideals, because they seem so absurd and impossible to carry out. ” Then there the Times editorials. Two days ago, the Times editors wrote this:

“In a demonstration of unbridled self-interest and bottomless bad faith, the Trump White House and its Republican minions in Congress are on the cusp of releasing a “memo” that purports to document the biggest political scandal since Watergate. To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Again, unbelievable and yet too believable. Let’s parse this one:

“In a demonstration of unbridled self-interest and bottomless bad faith,”

The Times thinks it is bad faith to inform the American public of undeniable misconduct by the FBI and the Justice Department regarding civil rights and the Presidential election. Sure.

“…the Trump White House and its Republican minions in Congress are on the cusp of releasing a ‘memo'”

An ad hominem attack (“minions”), a partisan bias-based innuendo of dishonesty ( “purports to document”) and a dishonest use of scare quotes around “memo,” as if this wasn’t a memo. It is a memo.

“…the biggest political scandal since Watergate.”

A straw man trick, exploding an assertion into its most extreme form to knock it down. The facts are the facts, and how they are characterized by some is irrelevant to what the facts show. it may not be  “the biggest political scandal since Watergate” when a Democratic administration uses opposition research its party paid to have done to defeat a Republican Presidential candidate  to get court authorization to spy on that campaign during the campaign. You have to admit, though, that at least sounds a little like Watergate—Presidential campaign, administration interfering with the opposition campaign, dirt tricks, misuse of government power—no? Even a little bit like Watergate is bad enough, when government and law enforcement interference with Presidential campaigns is the issue.

“To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Pull what off? That’s another bit of rhetorical dishonesty implying wrongdoing by transparency, when  transparency is not wrongdoing unless it is illegal (Wikileaks, James Snowden). Then we have the cynical tack I just wrote about:

“The argument against the memo and the issues it raises, that the public revelations demoralizes our intelligence community and undermines the public’s support and trust is the same invalid logic being used to condemn criticism of the biased news media. If these institutions are not trustworthy and acting against the interests they are pledged to protect, then the public must know. If the conduct of the intelligence community shows that it isn’t trustworthy, there is nothing wrong, and everything right, about exposing it.”

How does the fact that the Republicans once defended the law enforcement community “ardently” change the appropriateness and necessity of  revealing wrongdoing they were not previously aware of? Finally, did I really read the New York Times editors mocking the proposition (“noble-sounding”) that “the American public must know the truth”?

What a disgraceful, shocking, self-indicting paragraph. Continue reading

Ten Ethics Observations On The Nunes Memo

The controversial Devon Nunes memo was released. You can read it here.

Observations:

1 The most important thing to keep in mind is that the information and conclusions in the memo are incomplete. Claims from the Right that it describes a Watergate level scandal are. at best, premature. However, the immediate and furious protests from the Left that it is a “nothingburger”—you know, like Obama IRS scandal that passed another stage today—is pretty damning. What the memo suggests is deeply disturbing, and possibly—too early to tell–frightening. For any American, and certainly for any journalist, to try to brush it off at this point as insignificant  is proof of corruption by hyper-partisanship.

2. The resistance to releasing the memo from the FBI as a danger to “national security” appears deliberately misleading, in light of the memo itself. This, in turn, unavoidably makes , or should make, any objective reader suspicious. In retrospect, the warning sure looks like a false characterization as a desperate effort to keep an unethical episode covered up. The furious FBI attacks on the memo have to be regarded in this light: if the memo was fair and accurate, would the FBI react this way? Yes. If it was unfair and inaccurate, would it react the exact same way? Yes.

3. Rep. Trey Gowdy said today that the memo in no way undermines the Mueller investigation. I don’t see how he could say that, or why. Of course it does; the memo gives credence to the accusation that the entire Russian collusion theory was nurtured by anti-Trump figures in the Justice Department and the FBI before and after the election.

4. To reduce the memo to its simplest form: The infamous Steele dossier—the one James Comey described to Congress, under oath, as “salacious and unverified”— was included as l part of the initial and all three renewal FISA applications against Carter Page. Andrew McCabe, the Deputy Director of the Federal Bureau of Investigation who just resigned under fire, testified that no FISA warrant would have been sought from the FISA Court without the Steele dossier information. Yet The initial application and the renewal applications did not disclose the role of the Democratic National Committee and the  Clinton campaign in generating the dossier by paying $160,000 to Christopher Steel to compile it,  nor did the applications show that Steele was working for Fusion GPS and Glenn Simpson, who was paid by the law firm representing the DNC. In other words, part of the evidence presented to the court to justify surveillance of a member of the Trump campaign, and by extension the campaign itself, was created by someone   working on behalf of  the DNC and Clinton campaign. Continue reading

When Ethics Alarms Not Only Don’t Ring, But Signal That They Might Not Have Ever Been Operable: PolitiFact Reveals Its Incompetence And Untrustworthiness Beyond All Reasonable Doubt

This is fortuitous timing! Yesterday Ethics Alarms praised a fact-check job by a supposedly non-partisan media bias watchdog site that critiqued Factcheck.Org’s analysis of the State of The Union. Today Bryan W. White informed us that the site in question favors PolitiFact, the vastly inferior factcheck site operated by the Tampa Bay Times. It is demonstrably one of the most left-biased and untrustworthy of all the fact-checking services. Bryan is a reliable authority on PolitiFact, having documented its partisan and dishonest work for years, and as co-creater of the PolitiFact Bias blog, for which he is the main writer.

Just in case there was any doubt about just how devoid of the necessary integrity and competence PolitiFact is for its mission, yesterday it announced that former Democratic Congressman Alan Grayson had been hired to critique PolitiFact and enhance its trust and credibility. Alan Grayson.

KABOOM!*

The same Alan Grayson who sent a complaint to then U.S. Attorney General Eric Holder asking him to prosecute a Republican activist  for starting an anti-Grayson parody website www.mycongressmanisnuts,com, mocking  Grayson’s typically hyperbolic site, http://www.congressmanwithguts.com,  suggesting  to Holder that Langley should be imprisoned for five years.  Now there’s respect for the First Amendment for you! What a perfect ally for a non-partisan media fact-checking operation, right?

Alan Grayson, the same politician I wrote this about in 20o9…

“Grayson is the Congressman whose explanation of the GOP position on health care was that “they want you to die.” He said that Dick Cheney speaks with “blood dripping from his teeth.” His mode of debate and persuasion, in other words, is insult and hyperbole. Respect for opposing views: zilch. Civility grade: F… He has endorsed unethical rules and plays by them…Grayson’s actions once again confirm a reliable rule of human nature: individuals who are habitually uncivil do not merely have a bad habit or poor self-control. They lack humility as well as basic respect and fairness toward others. The common, often uncivil but sometimes accurate  term for individuals like  Rep. Grayson is “jerk.”

and this in 2010… Continue reading

Comment Of The Day: “Trevor Noah’s Critics”

Bravo: a  deft,  quirky and thought-provoking comment about “how difficult writing and reading is and how easy misunderstandings are born”—and my own careless—or not!—phrasing was the writing at issue.

Here is Zanshin’s Comment of the Day on the post, Trevor Noah’s Critics:

Jack,

In the sentence,

version 1. We should respect consistent standards and integrity instead of hypocrisy, not treat them like they are qualifications for sainthood.

I guess you meant expect instead of respect.

version 2: We should expect consistent standards and integrity instead of hypocrisy, not treat them like they are qualifications for sainthood.

And even then, I, with English as a second language, would read ‘ should expect’ firstly as “To consider likely or certain” but given the current climate that is not a given anymore. Therefore, to emphasize the (intended?) meaning of ‘expect’ as “To consider obligatory; require” the following sentence would have been clearer to me,

version 3:We should demand consistent standards and integrity instead of hypocrisy, not treat them like they are qualifications for sainthood.

Flash of insight: By pondering your sentence and rewriting it I realized that your sentence is fine but that I bracketed the sentence in a wrong way; which is made possible given the complexity of two polarities involved in this sentence:

a. consistent standards and integrity versus hypocrisy
b. [treat them with] respect versus treat them like they are qualifications for sainthood

Lets name the different parts of the sentence,

A: [should respect
B: consistent standards and integrity
C: hypocrisy
D: treat them like they are qualifications for sainthood

The bracketing I now think you meant is: { A { B_C } } versus { D }

The bracketing I understood first was: { A { B } versus { C } } versus { D }

But in bracketing the sentence in my way, ‘respect’ felt awkward once reading part D. That’s when I backtracked to A and thought-up ‘expect’. while thinking, “Just another typo by Jack and/or wrongly suggested/inserted word by the word processor.” Continue reading

Morning Ethics Warm-Up, 2/2/18: Of Tyros, Typos, Grandstanders And Rotting Fish Heads

Good Morning!

1 Don’t try that here! Several commenters on the Ethics Hero post yesterday , about a British minister resigning in self-declared disgrace after he was late for a session in Parliament, argued that his wasn’t a true resignation because he had to know it wouldn’t be accepted. I had written a comment to that theory, but I decided to post it on the Warm-up instead.

Fake resignations are unethical. Ethical people don’t attempt such a stunt, which is designed to make everyone beg them to return and create a sense of power and importance. I learned long ago in my parallel theater and management careers not to trust or tolerate subordinates who threatened to quit, telling one cast member of this ilk, in what he thought was  too-vital a lead role to be relaced last in rehearsals and who made the threat in a full cast rehearsal, “You have ten seconds to either quit, be fired, or retract that threat. I’ll play your part myself if I have to, and I’ll be a lot better at it. 10-9-8…” He retracted the threat. When I took over a struggling, spectacularly badly managed health promotion organization in Maryland and announced major policy changes, two legacy managers of the non-profit handed in their resignations in protest.  Then they came to work the next day. My predecessor, it seemed, routinely tolerated such games. They were shocked, indignant and angry when I told them, “You don’t work here any more, remember? You quit. Good luck in your future endeavors. Now get out.”

Ethics Alarms, as veterans here know, has the same policy regarding commenters who self-exile, usually with a “Good day, sir! I am done here!” flourish. When they try to weigh in days, weeks, or months later, they find that their self-banning is permanent. This is now explicit in the Comments Policies. As at least six regulars here know from their own experiences, I reserve the right to try persuade a valued commenter to reconsider his or her exit, and I have done that as a manager with subordinates too. But anyone who counts on a resignation being rejected is a fool.

I have to believe that Lord Bates’s resignation was principled, not grandstanding.

2. Fox owes me a keyboard!  Yesterday afternoon,  I spit out a mouthful of coffee when Fox News flashed this news item under a feature while I was surfing the news channels to see what was happening to the “secret memo”: “Poll Says Majority of Americans Support Border Ball.”

This came up multiple times. I think spending billions of dollars for any ball is unethical, whether it is the party or the toy, or even if “Border ball” is a new professional sport that doesn’t give its players CTE.

And speaking of typos, yes, I would fire for cause everyone in the chain who let this happen…

If you don’t have enough respect for the government, its institutions and the nation to take more pride in your work than that, you shouldn’t be working for the government.

3. A show of hands: Who has heard about this depressing story? Anyone? Funny that the mainstream news media doesn’t think it’s newsworthy… The Atlanta Journal-Constitution reported that many of the nation’s “historically black colleges and universities” have ridiculously low graduation rates.  The newspaper found that the six-year graduation rates at twenty schools were 20% t or lower in 2015, and some schools in the category had graduation rates as low as 5%.  Here was the explanation offered by Marybeth Gasman, an education professor at the University of Pennsylvania who directs the Penn Center for Minority Serving Institutions: Continue reading