Monthly Archives: July 2018
“The FBI is in possession of a recording between President Donald Trump and his former personal attorney Michael Cohen in which the two men prior to the election discuss a payment to a former Playboy model who has alleged an affair with Trump, Rudy Giuliani and a source familiar with the matter told CNN Friday.
Cohen has other recordings of the President in his records that were seized by the FBI, said both a source with knowledge of Cohen’s tapes and Giuliani, who described the other recordings as mundane discussions. Another source with knowledge of the tape, however, said the conversation is not as Giuliani described and is not good for the President, though the source would not elaborate.”
Now here are some ethics matters that the news media would be obligated to tell you, if journalists were, you know, competent, objective, and fair:
- It is equivocally unethical for a lawyer to surreptitiously record a client without the client’s knowledge or consent. Always, no exceptions. It is usually unethical for a lawyer to surreptitiously record anyone without their knowledge or consent, even in states that permit non-lawyers to do it.
Such conduct is a direct violation of the universal legal ethics rule that prohibits a lawyer from engaging ” in conduct involving dishonesty, fraud, deceit or misrepresentation.”
- This fact is crucial to the story, and should be prominent in any discussion of it. I have not seen or heard this mentioned in any news reports.
Let me know if you do, please.
- The recording is also privileged, which means that it was information that a client provided to his lawyer in the course of seeking legal services or advice. As such, it cannot be used as evidence, unless the client, in this case, President Trump, consents. The client owns the privilege, not the lawyer who received the information, and not other lawyers the client may have.
I haven’t seen this critical information explained in any of the news reports either. Continue reading
1. Here is the level of logic and ethical reasoning the public is subjected to by the media: Here is NBC Sports blogger Bill Baer on why it is misguided for the Milwaukee Brewers not to punish relief pitcher Josh Hader—whose career crisis I discussed here–for tweets he authored when he was in high school seven years ago:
The “he was 17” defense rings hollow. At 17 years old, one is able to join the military, get a full driver’s license (in many states), apply for student loans, and get married (in some states). Additionally, one is not far off from being able to legally buy cigarettes and guns. Given all of these other responsibilities we give to teenagers, asking them not to use racial and homophobic slurs is not unreasonable. Punishing them when they do so is also not unreasonable.
A study from several years ago found that black boys are viewed as older and less innocent than white boys. A similar study from last year found that black girls are viewed as less innocent than white girls. Michael Brown, Tamir Rice, and Cameron Tillman, among many others, never got the benefit of the doubt that Hader and countless other white kids have gotten and continue to get in our society. When we start giving the same benefit of the doubt to members of marginalized groups, then we can break out the “but he was only 17” defense for Hader.
How many repeatedly debunked false rationalizations and equivalencies are there in that blather? It’s not even worth rebutting: if you can’t see what’s wrong with it…if your reaction is, “Hey! Good point! Why is it OK for a cop to shoot a teenager for charging him after resisting arrest, but not OK to suspend a ball player for dumb social media posts he made in high school?”…I am wasting my time. And NBC pays Baer as an expert commentator. It might as well pay Zippy the Pinhead.
2. Is this offensive, or funny? Or both? Increasingly, we are reaching the point where anything that is funny is offensive, thus nothing can be funny. The Montgomery Biscuits, the Tampa Bay Rays’ Double-A affiliates, will be hosting a “Millennial Night” this weekend, being promoted with announcements like this one: “Want free things without doing much work? Well you’re in luck! Riverwalk Stadium will be millennial friendly on Saturday, July 21, with a participation ribbon giveaway just for showing up, napping and selfie stations, along with lots of avocados.”
Apparently there has been a substantial negative reaction from millennials, and the indefinable group that is routinely offended on behalf of just about anyone.
Nonetheless, I agree with the critics. I think the promotion goes beyond good-natured to insulting. It’s like announcing a Seniors Night by guaranteeing free Depends and promising extra-loud public address announcements that will be repeated for the dementia-afflicted who forget what they just heard. [Pointer: Bad Bob] Continue reading
On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no, Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..
1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:
In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.
I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?
2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform. “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”
He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.” Continue reading
“Africa won the World Cup. I get it, they have to say it’s the French team. But look at those guys. You don’t get that tan by hanging out in the south of France, my friends.”
—-Trevor Noah, host of Comedy Central’s “The Daily Show”
Noah, who is black, was immediately accused of racism. “So basically, Trevor, all the African-Americans in the US are just Africans, right?,” said one critic. “Know that as a French of Algerian, German and Spanish descent, I find it insulting. We are all French, we are one people. Ask the players,they’ll tell you they’re proud Frenchmen!”
Your more complicated-than-it-looks Ethics Alarms Ethics Quiz of the Day:
Does Noah have anything to apologize for?
I mean, other than that fact that his joke isn’t particularly funny. Continue reading