Ethics Observations As An Ex-FBI Agent Is Sentenced To Four Years in Prison For Leaking Documents To The News Media

From the Times story:

By the time Terry J. Albury arrived in Minneapolis in 2012, about 11 years after he went to work for the F.B.I., he had grown increasingly convinced that agents were abusing their powers and discriminating against racial and religious minorities as they hunted for potential terrorists.

The son of an Ethiopian political refugee, Mr. Albury was the only African-American field agent assigned to a counterterrorism squad that scrutinized Minnesota’s Somali-American community. There, according to his lawyer, he became disillusioned about “widespread racist and xenophobic sentiments” in the bureau and “discriminatory practices and policies he observed and implemented.”

In 2016, Mr. Albury began photographing secret documents that described F.B.I. powers to recruit potential informants and identify potential extremists. On Thursday, he was sentenced to four years in prison after pleading guilty last year to unauthorized disclosures of national security secrets for sending several of the documents to The Intercept, which published the files with a series titled “The F.B.I.’s Secret Rules.”

Observations:

1. GOOD!

2. Whether Albury’s perceptions of discrimination were accurate or not, they were not excuses for breaking the law. Continue reading →

Late Night Ethics Refresher, 10/20/18: Bad Art And Baseball Roshomon

Having a nice weekend?

Literally nothing can spoil my mood now that the Red Sox are going to the World Series…and playing the Dodgers.

1. White House art ethics? I’ve been wanting to post about this all week.  Here is the painting President Trump has hung in the White House:

I love it. It makes me smile every time I see it. But because there is nothing President Trump could do that the news media and the “resistance” wouldn’t mark as shameful; and scandalous, he is actually being attacked for his choice of art.

Well, to hell with them, which I’m sure is Trump’s attitude. Sure it’s a tacky painting; I’m pretty sure the artist knows that, and doesn’t care. Called “The Republican Club,” it is the work of Missouri artist Andy Thomas. Trump is President and for at least four years he’s living in the White House: he can put up whatever art he likes. If it makes him smile like it does me, then that’s a good enough reason to hang it. It’s bad art, but so was Obama’s official portrait showing him being slowly devoured by plants with the sperm on his face, and that one didn’t make anyone smile, except the artist.

 

By the way, CNN displays its ignorance by writing that “Chester Arthur, Rutherford B. Hayes and James Garfield are presumably in the crowd, but impossible to identify.” I could identify Arthur easily. Can you? Garfield, Hayes, and Benjamin Harrison, whom CNN’s reporter apparently never heard of, were all similarly bearded, and there are two bearded faces near Arthur that could be two of them. I can’t find McKinley anywhere, so maybe the artist was minimizing the presence of the murdered Presidents—given the tenor of Democratic rhetoric,  that might be prudent—which means the bearded figures are Hayes and Harrison. Also missing is the only impeached Republican President, Andrew Johnson. Yeah, poor Andy would be a skunk at the picnic too. Continue reading →

Comment Of The Day: “A Sudden Impulse Poll On Cultural Literacy”

To all of those waiting to have their Comments of the Day posted, all I can say is that I’m sorry, and that I’m having trouble getting my own posts up lately. The languishing COTDS will appear in unpredictable order, but they will appear.

Extradimensional Cephalopod had, as usual, fascinating observations to convey on the question of the importance of cultural literacy I raised based on a reference to “Alice in Wonderland.” I don’t agree with his position–some cultural scaffolding is permanent, and must be—but it’s well worth pondering.

Here is his Comment of the Day on the post, “A Sudden Impulse Poll On Cultural Literacy.”

Incidentally, a majority of those answering the main poll recognized the quotes, which cheered and surprised me. As for the complaint that the second poll was limited to parents, that was the point. Do parents pass along cultural touch points like Lewis Carroll? Do the schools? That poll was for parents.

I’m eventually planning to write an article about this sort of thing. It’s essentially a concern that we’ll all end up like Ozymandias. (Cultural references can help compress concepts into easily transmissible packages, for better or worse, case in point.) For now, since I don’t have much time tonight, these somewhat disjointed thoughts will have to do.

Is the ultimate fate of all classics to become footnote? To a large extent, yes. As Nassim Nicholas Taleb would put it, fame is in Extremistan. For comparison, Mediocristan is the domain of physical properties, which often follow a normal distribution (e.g. most people are average height, and there are fewer and fewer people at heights that vary more and more in either direction from the average). Fame, however, doesn’t do that. Necessarily you have many people who are known by few and the people with the most fame are few in number.

My perspective on this issue is that everything in civilization is a scaffold. It exists to help us to get to the next place, hopefully a better one, and then it is taken down. This includes even memories, since memory is a resource that culture uses and we only have so much memory to go around, at least in our day-to-day lives. What we remember must have some functional benefit, even if that function is nostalgia. We can learn about the past, but only inasmuch as we enjoy it or as it helps us create the future. Its value is considerable, but can be concentrated more efficiently than having everyone know all the esoteric details of it at all times. Anything about the past that doesn’t help us or make us feel anything can be temporarily forgotten until such time as it becomes relevant again (hopefully before it’s too late for us to use that remembered knowledge). Continue reading →

“Dear Abby” And The Unusual Name Paradox [Updated]

The famous Hogg sisters, Ura and Ima.

Let’s begin with a related observation: The now widely accepted method of expressing disagreement with a point of view that varies from leftist (now, now, I use the term with love!) cant is to set out to destroy the point of view’s owner: after all, eliminate or intimidate all the dissenters and adversaries, and progressives no longer have to win  arguments on logic and merit. I know of what I speak: I am increasingly the target of social justice warriors (fascist division), who make formal complaints to my clients or administrative bodies when my ethical guidance doesn’t jibe with the world view their professors indoctrinated them with, thus precluding an open mind.

Thus I sympathize with “Dear Abby,” actually Daughter of Dear Abby Jeanne Phillips (also the niece of Ann Landers), who is now facing the progressive Twitter mob because she dared to opine that naming one’s baby Ifeoma, Bodhi or Laszlo might not be in the child’s long-term interests. “Not only can foreign names be difficult to pronounce and spell, but they can also cause a child to be teased unmercifully,” wrote Phillips. “Sometimes the name can be a problematic word in the English language. And one that sounds beautiful in a foreign language can be grating in English.”

The Horror. Now she is being called racist, and if her syndicate has the backbone and integrity of most organizations these days, which is to say none, she will probably be toast in a matter of weeks if not days. Writer Anand Giridharadas was among those interviewed for a Times story about Abby’s Outrage. “The reality is that a lot of this has to do not with names but with whiteness,” he said. “There are a lot of complicated names from Polish and Russian and Italian and German backgrounds that have become second nature to Americans.”

No, the issue is not “whiteness.” The questions in the ethical equation are…

Are you naming a child for your amusement, self-aggrandizement or political agenda, of for the child?

Is conduct consistent with cultural norms wise and respectful, or is it preferable to announce one’s defiance?

If data and experience shows that odd and unusual names create problems later in life, should responsible parents take that into consideration?

Is it fair and ethical to hang an unnecessary handicap on a child without that child’s approval?

What Phillips said is true. It’s that simple. People don’t like that it’s true, so they are condemning her. Continue reading →

Morning Ethics Catch-Up, 10/19/2018: Digging Out

Good Morning!

My CLE circuit-riding adventure was completed when I returned home last night, and now I have the ethics equivalent of Augean stables facing me. So I’m grabbing my metaphorical shovel, and going to work…

1 Rationalization #22 approach: At least it wasn’t a tweet… During a rally in Missoula, Montana yesterday, President Trump endorsed Montana Rep. Greg Gianforte’s  May 2017 attack on Guardian journalist Ben Jacobs (Gianforte eventually pleaded guilty to misdemeanor assault), saying, “Any guy that can do a body slam, he’s my kind of guy.”

I’m at a loss. This comment comes in the context of a Saudi journalist being vivisected and Democrats diving at the low road by encouraging incivility and harassment of conservatives. How aware does someone have to be—not just a President, but anyone—to figure out that it is no time to be praising thugs like Ginaforte, whom I wrote about (twice) here?

2. Pro tip: If you want to hide your status as a left-biased hack, don’t use PolitiFact as authority for your opinion. Those who can’t quickly discern that PolitiFact is a blatant example of that oxymoron, a biased media factchecker, are too biased themselves to be taken seriously. (Most of Ethics Alarms’ self-exiled progressive shills were addicted to PolitiFact). Here is yet another smoking gun: now that an election is looming, PolitiFact is barely even trying to appear objective.

First, PolitiFact awarded a “ mostly false” rating this week to former U.S. Air Force fighter pilot Rep. Martha McSally, R-Ariz., for a campaign ad that says of her Senate opponent, “While we were in harm’s way in uniform, [ Rep. Kyrsten Sinema, D-Ariz.] was protesting us in a pink tutu and denigrating our service.” Even by the service’s own description of the episode, the ad is accurate. Here is PolitiFact’s argument, which is pretty typical of what the news media calls “fact-checking”:

McSally retired from the Air Force in 2010 after 26 years of military service. After 9/11, Sinema led protests against the war in Iraq. At a 2003 rally called “No War! A Celebration of Life and Creativity,” Sinema wore a pink tutu. Media reports of the rallies in 2002 and 2003 quote Sinema as opposing the war and the Bush administration’s policy, but we found no evidence of her disparaging troops. McSally’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.

Disagreeing over whether or not an anti-war protest disparages troops is not disproving a fact. This, however, is even worse:

The GOP’s Senate Leadership Fund released an ad this week, titled “‘Normal’ MO,” focusing on Senator Claire McCaskill’s penchant for traveling by private plane and alleging that Senator is out of touch with her constituents.

“Claire even said this about private planes,” the ad says, cutting to video of McCaskill saying, “That ordinary people can afford it.”

Responded PolitiFact: “Did Claire McCaskill say normal people can afford a private plane? No.”

The video highlighted in the GOP ad shows an August 2017 town hall in which a constituent asked McCaskill, “You know, that’s one thing the United States has that nobody else has, is the freedom to fly around and be affordable where a normal person can afford it.” McCaskill responded, “Will you remind them when they come after me about my husband’s plane that normal people can afford it?”

PolitiFact apparently never reviewed the whole exchange, falsely writing that “the audience member never said anything about private planes in the clip; he appears to be referencing the freedom and low cost of the overall U.S. commercial aviation system.” Finally,  Politifact took down its McCaskill story, announcing that it would “re-evaluate” it in light of “ new evidence.”  The new evidence is the full video which has been available for months.

“[A]fter publication,” says PolitiFact, “we received more complete video of the question-and-answer session between McCaskill and a constituent that showed she was in fact responding to a question about private planes, as well as a report describing the meeting … We apologize for the error.” But even after getting the full context and confirmation of McCaskill’s remarks, PolitiFact still only gave the GOP ad a “half true” rating, because, it said, the ad “exaggerated” the full context of what the senator was saying. PolitiFact argues that McCaskill’s comments “seem to refer to ‘normal’ users of private planes, not to ‘normal’ Americans more generally.” She said, “Will you remind them when they come after me about my husband’s plane that normal people can afford it?” You tell me: Is PolitiFact clarifying, or desperately spinning for its partisan purposes? [Pointer and Source: Washington Examiner 1,2] Continue reading →

Ethics Quiz: The Good Hoax?

A scholarly journal called “Sex Roles” published what t thought were the results of  a two-year study involving “thematic analysis of table dialogue” to uncover the mystery of why heterosexual men like to eat at Hooters. A journal of feminist geography, whatever that is, featured research om “human reactions to rape culture and queer performativity” at dog parks in Portland, Oregon. Another paper was deemed worthy of publication in a journal of feminist social work:  titled “Our Struggle Is My Struggle,” it merged current feminist cant into passages lifted from Hitler’s “Mein Kampf.”

Last week, the three authors of these and many other hoax papers  revealed in an article for the online journal Areo explaining that their fakery was part of a project to expose the lack of integrity in academia. “Scholarship based less upon finding truth and more upon attending to social grievances has become firmly established, if not fully dominant, within these fields,” they wrote. James A. Lindsay, Helen Pluckrose and Peter Boghossian  (above) said that they wrote 20 fake scholarly papers and had several accepted and published in journals. The embarrassed publications rushed to retract the fake scholarship…

…while many scholars praised the hoaxers. for casting a harsh and revealing light on the “peer-reviewed research” scam.

Your Ethics Alarms Ethics Quiz Of The Day:

Was the hoax project ethical?

Continue reading →

Sports In The Ethics News!

Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status.  The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.

Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.

Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…

On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.

Fire her for THAT.

Baseball! (Of course…): Continue reading →

Morning Ethics Warm-Up, 10/17/18: Travel Hell Edition

Good Morning from Virginia Beach, VA…

…where I am giving a legal ethics seminar to a law firm this morning!

1. Count the ethics issues in Travel Hell…This story is true, and I’m not changing any names, because nobody is innocent.

Last night I had to drive to Virginia Beach after another seminar in D.C., and after yet another road trip on family business. It turned out to be a three and a half hour drive in a pouring rain. Arriving at 2:20 am at the Virginia Beach Westin, where I was supposed to have a room, I was immediately informed by the graveyard shift desk clerk that we could not stay there…because the previous occupants of the room reserved for us (my wife and business partner also made the trip) had “left fecal matter” all over the room, creating a HAZMAT situation. Not to worry, though! The beachfront Hilton would put us up, at the Westin’s expense!

Since I wasn’t paying for the room, this was small consolation.

Of course, we had unloaded the car, and the Hilton was 20 minutes away, and the desk clerk had neither an address nor a phone number, which I pointed out to her was essential. (The point of staying at the Westin was that it was convenient to the location of the law firm.) So we loaded up the car and set out to the new destination, arriving just before 3 am. There, the Hilton desk clerk told us that the hotel had just begun an audit, and we could not be put in a room for at least 20 minutes. I was literally afraid to tell my wife this, as she was in the car alternately fuming and wincing in pain because the endless trip had revived her sciatica.

I was not nice to the Hilton desk clerk, who swore that she told the Westin about the problem, and that they should have told us. I said that I didn’t care whose fault it was, they were now responsible for two weary travelers, and that it was her responsibility to fix the problem. She found a very nice man who got a big tip from me for taking charge of our vehicle and taking our stuff up to our room when the “audit” was over.

Once in the room, we discovered that two of the lamps didn’t work, the desk lamp was missing, and the clock was blinking. I told the clerk to send someone up and have the room in the shape I expect hotel rooms to be in before I walk in the door—including having the clock set and functioning.

On the plus side, no fecal matter was in evidence….

2. Why people hate lawyers…Branson Duck Vehicles and Ripley Entertainment are facing multiple lawsuits in the horrific duck boat accident that killed 17 people in Missouri , including nine members of a single family. In court papers filed this week, the companies’ lawyer cited an 1851 maritime law to limit or eliminate liability for the July tragedy.

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat, and argues that if a court does find negligence, they have no liability because, under that law, “the Vessel was a total loss and has no current value. No freight was pending on the Vessel.”

The reaction was predictable. Human beings have no value? This was a Hail Mary defense tactic to be sure, but if that’s the clients’ best option, it is the lawyers’ duty to argue it, IF they first inform their clients that it is a likely public relations disaster that as a cure could be worse than the disease, and seems unlikely to do anything but inflame a jury.

Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad

Good whatever it is by the time I post this; big time computer problems, and every keystroke may be my last..

1. Baseball Ethics, Jerk Divison. Should baseball reward or punish its jerks? Last night in the Brewers-Dodgers NLCS game, LA’s jerks were out in force. Free-agent slugger to be Manny Machado was penalized for one dirty slide, much like the one that helped put Red Sox second-baseman Dustin Pedroia on the sidelines for the entire 2018 season,  a night after loafing to first base. Are teams really going to break the bank to try sign this guy? Then, in the ninth inning, Dodger mega-jerk Yasiel Puig mocked the Brewers closer for not throwing him a strike. Said MLB analyst Harold Reynolds, “I would have hit him with the next pitch. You can’t let an opposing player disrespect you like that.” Old school nonsense  or cultural enforcement?

Driving home from this morning’s ethics seminar, I heard two commentators on the Sirius-XM baseball channel talking about Houston Astros star Alex Bregman’s sending out a derisive social media message about Boston Red Sox pitcher Nathan Eovaldi in advance of tonight’s play-off game. They agreed that it was “good for the game” and appealed to kids for the athletes to show “personality” and “edge.”

This is “A Nation of Assholes.”  Being a jerk isn’t showing “personality.” It’s just being a jerk. No part of the culture should be extolling “edge.”

2. When in a hole, stop digging. If all goes well, Elizabeth Warren’s triumphant discovery that she is 99.9% white and therefore was justified in representing herself as a “person of color” for institutional diversity purposes will sink her career aspirations as deep as they deserve to be sunk. The fact that so much of the mainstream media is willing to have their credibility brought down with her is indicative of how stupid bias will make people. The Daily Beast, for example, writes in a headline, “Warren revealed results show Native American heritage Monday.”

Keep it up, guys. Pretty soon the jig will be up for identify politics, since  if 1/1,024th Native American means “Native American heritage,” then everyone is “of color” somehow. In that case, perhaps we’ll owe Warren a debt of gratitude. As for the news media, I am pretty sure all but the most reality-resistant progressive warriors recognize how absurd it is to call a distant, distant outlying contributor to the family gene pool sufficient to bestow “Native American ancestry,” especially when Native Americans themselves cry “hogwash.” Why are journalists so eager to rationalize Warren’s transparent distortion of fairness, science and logic? What could make them behave like that? Why should we trust people who take such manifestly ridiculous positions? Why should we respect a profession that treats us like idiots?

The news media appears to think they can keep getting further and further away from the boundaries of legitimate reportage and commentary without a critical mass of people asking these questions. Continue reading →

No, President Trump Did Not Promise To Pay A Million Dollars To A Charity If Elizabeth Warren Took A DNA Test!

…and Warren, a lawyer, either knows he didn’t and is saying so anyway, or is saying so without checking what he actually said, which, for a lawyer allegedly trying to enforce a contract, is both incompetent and dishonest.

And once again, the complicit mainstream media is deceiving the public to assist a Democrat’s misrepresentation. Nice.

Nah, there’s no mainstream media bias.

In a series of tweets on Monday, Warren called on Trump to pay the $1 million to charity. Trump replied to a reporter, “I didn’t say that; you better read that again.”

Says the Hill, in an article by Jordan Fabian, “Trump denies offering $1 million for Warren DNA test, even though he did.” In fact, he didn’t. This Time, Trump is telling the truth. The Hill, using the news media’s favorite trick of late, pulls only part of the relevant quote: “I will give you a million dollars, to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian,I have a feeling she will say ‘no.’ ”

That wasn’t the whole statement. Bless law professor Ann Althouse: I was going to go through the analysis, and I really don’t have time. She’s retired now, has the time, and is a better contact lawyer than I’ll ever be. Here was her absolutely correct explanation: Continue reading →