“bias makes you stupid”

Ethics Warm-Up: I Wish I Were Surprised, But I’m Not

/ Jack Marshall / 27 Comments

NOW what?

Quite a bit, actually…

1. Res Ipsa Loquitur #1 The Democratic National Committee has barred Fox News from hosting its Presidential primary debates. I guess the Democrats don’t want any tough questions interfering with their efforts to rig the nomination this time around.

If there was ever better proof that the Democratic Party considers the mainstream media their captive allies, I don’t know what it would be. In 2016, Republicans subjected their candidates to outright hostile questioning from CBS and CNBC journalists, and Fox treated Donald Trump as roughly as a candidate can be treated in the Republican debates. I watched all the pre-nomination debates: Fox’s Neil Cavuto was among the very fairest of all panelists, and as Fox News has correctly said in its protest about the Democratic slur, Chris Wallace, Bret Baier and Martha MacCallum, the proposed Fox News debate questioners, are at least as objective and professional as any Left-media journalists.

DNC Chair Tom Perez’s excuse for this blackball move is self-evidently dishonest: “Recent reporting in the New Yorker on the inappropriate relationship between President Trump, his administration and Fox News has led me to conclude that the network is not in a position to host a fair and neutral debate for our candidates. Therefore, Fox News will not serve as a media partner for the 2020 Democratic primary debates.” Oh, the New Yorker says so! That settles it then!

The GOP didn’t pull out of the Vice-Presidential debates in 2008 even though the NPR’s debate moderator, Gwen Ifill, had her pro-Obama book sitting at her publisher  waiting for he candidate to win. CBS wasn’t barred from hosting debates, event though David Rhodes, then president of CBS News, is the brother of Ben Rhodes, Barack Obama’s deputy national security adviser. Meanwhile, Ben Sherwood, president of ABC News, is the brother of Elizabeth Sherwood-Randall, an Obama  special assistant.  Claire Shipman, a national correspondent for ABC’s “Good Morning America,” was married to Jay Carney when he was President Obama’s press secretary. These were real, hard, conflicts of interest. The bias of the Fox News journalists is apparently based on the fact that they may run into Trump pal Sean Hannity in the lunch room.

The Democratic Party is prepared to do everything in its power to make sure the American public does not get properly informed regarding the character, skills and beliefs of its 2020 Presidential candidate, and is confident that every network but Fox can be depended upon to assist them in achieving that goal.

2. Almost certainly untrustworthy study of the week, but great for confirmation bias purposes:  According to an article in “The Atlantic,”  a survey conducted by the polling firm PredictWise that assembled a county-by-county index of American political intolerance  based on poll results determined that ” the most politically intolerant Americans… tend to be whiter, more highly educated, older, more urban, and more partisan themselves.”

That would explain the posts by my Facebook friends… Continue reading →

I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

/ Jack Marshall / 24 Comments

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading →

Unethical Op-Ed Of The Year: “Time To Panic” By David Wallace-Wells

/ Jack Marshall / 46 Comments

Just in time to lay a foundation for Rep. Ocasio-Cortez’s hysterical and hilarious “Green New Deal,” the New York Times’ February 16 Sunday Review section devoted its front page entirely to an essay by David Wallace-Wells called “Time to Panic.” It is, of course, about climate change. The Times presented it on a scary red background, with an illustration of someone peaking through their fingers, as if they were watching a tense moment in a horror movie. (I actually do that, sometimes.)

The article is afear-mongering piece that extols fear-mongering, so it basically disqualifies its own credibility. The author’s credibility? It’s a mystery: I spent about 20 minutes on Google trying to determine what Wallace’s background is, and failed. The Times just says that he is an author, and has a whole book coming out, “The Uninhabitable Earth,” from which this junk is adapted. Various bios I could track downonly say that he is a “non-fiction writer”–I don’t know about that. So I’m going to assume that he is just a journalist who has adopted climate change as his hobby horse, and it seems to be working out for him. Since he’s not trained as a scientist–presumably if he had any actual independent technical understanding of climate science he would be waving that credential—we know that like Al Gore, Ocasio-Cortez and whichever Kennedy it is who want to lock up climate change “deniers,” his understanding of the topic is entirely second hand: he chooses to believe reports and summaries of scientific research that he  doesn’t know enough to critically evaluate. We also know that, like Gore and Ocasio-Cortez, who has floated the theory that the earth has only 12 more years before becoming Hell, he believes in hyping and over-stating in order to motivate the public. He says so outright: Continue reading →

The “Dog Park Diane” Affair

/ Jack Marshall / 35 Comments

This ridiculous story has apparently “gone viral” in some corners of social media, I suppose because it involves race (sort of), dogs, and sex.  I was blissfully unaware of the whole foofaraw until a friend sent me a link.

Here we go!

In Attleboro, Massachusetts, a dog identified as a pitbill mix belonging to African-American Franklin Baxley began doing what frisky dogs sometimes do to other dogs, human legs, and pillows, to a dog belonging to Grace Sandland, who apparently freaked out.  She demanded that he and his dog leave the park, and when Baxley refused, she called the police on her cell phone.

“Why are you calling the cops right now? Because I told you I wasn’t leaving the park?,” Baxley, 42, asks the unnamed woman in the video posted online. “Because my dog humped your dog?” Another women, identified as park staffer Carol Cobb, according to the Daily Mail. Cobb, took the side of the sexually assaulted dog;s owner, and is seen on the video telling Baxley that the pit bull’s  behavior was “inappropriate for the dog park.”

I swear, I’m not making this up.

Sandland told police that Baxley had “verbally assaulted” her, and that Baxley’s dog wouldn’t stop humping and assaulting her dog. Baxley said that he immediately pulled his dog off of hers, but Cobb said that his dog was breaking the rules: no humping permitted. Eventually an Attleboro police sergeant arrived to the scene. No charges were filed, but Baxley has been banned from the dog park.

But wait! There’s more!

Baxley claims that the incident was sparked by racial prejudice, and took to the news media and his Facebook page to make sure everybody knew it. “If I were not black, she would not have felt threatened by me talking to her and defying her orders for me to leave the park,” Baxley told the Daily Mail. “I am a responsible dog owner, and my dog is super friendly. Anyone who goes to that park regularly knows me and will attest to that fact. The dogs were living their best lives the whole time.” The news media quickly dubbed Sandland “Dog Park Diane,” emulating “BBQ Becky,” the sobriquet affixed to a white woman who called the police on a black family grilling ribs in a public park in California. Meanwhile, Baxley began a relentless attack on Sandland on Facebook, whipping the social media mob into a frenzy. The confrontation occurred five days ago, and Baxley is still writing about it, giving interviews, and doing everything he can to ensure that Sandland is labelled a racist for life.

What’s going on here? Continue reading →

A Jumbo! One More Time: If You Trust PolitiFact, You Are As Biased As They Are

/ Jack Marshall / 17 Comments

“Airplanes? I don’t see any airplanes!”

There are no good political factchecking organizations. Some are more ethical than others. Snopes is terrible, biased, and unreliable unless it is really checking urban legends. The Washington Post’s Glenn Kessler tries, but he works in the progressive bubble of Democrats who run the place, and he is corrupted. The Annenberg Foundation’s Fact-Check.org claims to be non-partisan and often succeeds, but of late it too has entered political advocacy into a category that is supposed to be only about objective facts.

As a general proposition, it is fair to call the  exercise of “factchecking” inherently misleading and so ripe for abuse that any fact check by a media organization should be viewed with extreme skepticism.

This goes double for PolitiFact; indeed, someone saying that this is their favorite fact checker has triggered signature significance. Nobody who is properly sensitive to partisan bias and committed to objectivity can possibly trust PolitiFact, a feature launched by a Democrat newspaper, the Tampa Bay Times, and recently taken over by the Poynter Institute, which I once respected as a voice for ethical journalism. Like its industry, however, it is corrupt. Either that, or Poynter isn’t providing oversight for PolitiFact.

This is res ipsa loquitur. PolitiFact, like many other media hacks from the Left, meaning almost all of them, is trying to provide cover for the “Green New Deal” that the Democratic Party has foolishly embraced, by throwing up dust, word-salads and lies. The current approach is pure Jumbo, the Ethics Alarms category for a lie in the style and scale of Jimmy Durante’s classic, trying to steal an elephant and upon being stopped by a constable and asked what he was doing with a pachyderm on a rope, exclaiming, “Elephant? WHAT elephant?”

Here’s Politifact, lying: Continue reading →

Bad Tweets

/ Jack Marshall / 29 Comments

There are enough unethical, dumb, disturbing and occasionally  illuminating tweets from organizations and public figures every day to devote a whole blog to them; indeed, this is what Twitchy does, albeit with a strong conservative bias. I’m not going to make a habit of it, but these are too ethically provocative to pass up:

1. Here’s a tweet from conservative host and pundit Erick Erickson, a prominent NeverTrumper:

What does this even mean? The Constitution insists on free speech; how is the government enforcing Constitutional principles that ensure freedom, “not free’? The Executive Order he was reacting to only affects government-supported colleges and universities (obviously). Erickson is no idiot: this is Trump Derangement—if President Trump does it, it’s wrong— at its saddest. Combine that with Twitter, and the result is sadly predictable.

2. I don’t see how anyone can argue with Federalist editor Mollie Hemingway here, reacting to a tweet from CNN legal commentator (and Democrat) that is part of a general effort by the mainstream media to cushion the blow for “resistance” members when the Mueller report fails to show that President Trump had a traitorous deal with Russia to steal the election:

Continue reading →

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

/ Jack Marshall / 46 Comments

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading →

On Basic Blog Participation Ethics [Updated]

/ Jack Marshall / 79 Comments

I just had to spam 14 comments, come of them quite extensive, a couple gratuitously insulting, by a former privileged participant here who has been banned from commenting following the procedures described quite clearly under the Comments policies above. That all of these illegal comments arrived exactly during the time when I was unable to visit or moderate Ethics Alarms because of a speaking engagement was either a remarkable coincidence or bad luck. The Mexican army attacked while the Alamo [no, not “Amazon,” as I wrote the first time.] defenders were asleep, too. It’s a crummy thing to do, and, of course, unethical. Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

Morning Ethics Warm-Up: 2/26/2019: Horribles

/ Jack Marshall / 14 Comments

GRRRRRRR!

I have to get my reply brief to that %$#@!#&%! Ethics Alarms defamation suit in today, and I just KNOW the online filing system isn’t going to work..

1. College basketball ethics. See? Baseball isn’t the only sport I follow! Zion Williamson, one of college basketball’s biggest stars and a potential NBA star as well, injured his knee after one of his Nike shoes split less than a minute into Duke’s game against North Carolina last week. Not only does Nike have a likely product liability lawsuit on its hands, while Williamson’s bright career is suddenly in limbo, the freak accident raised—AGAIN–issues of the propriety of the way universities like Duke handle big money sports. The New York Times asked:

“Here were all the issues of big-time college sports laid bare: Should amateurism be curbed in college sports, allowing athletes a cut of the money they help produce? Should a prodigious talent like Williamson, who is good enough to play professionally right now, have to risk his future competing for free because of an N.B.A. rule prohibiting him from leaping to the league from high school? Do the sneaker companies, which were at the heart of a federal fraud trial near the start of the season, do more harm than good in college sports?”

Answers: No, No, and Yes. Big time sports are a source of corruption in all colleges that feature them. Nobody should be admitted to college to play basketball or football. If they don’t want to learn, then there should be no place for athletes in college. Allowing universities to be participants in the business of sports to the extent that universities like Duke are is a travesty of education, and guarantees misconduct.

2. The shadow of Harvey Weinstein and Hollywood’s hypocrisy hung over the 2019 Oscars, but few noted it.

Donna Gigliotti produced the Oscars telecast. There has been no accountability for the many, many stars and Hollywood figures of both genders who enabled Weinstein’s crimes for years, then became #MeToo activists as soon as he no longer had the power to enrich them. [Pointer: Victory Girls]

3. Hasn’t this been obvious all along? Bloggress Ann Althouse does a terrific job deconstructing a New York Times article, a “Trump is Epic,” a conversation between columnists  Gail Collins and alleged conservative (who wants to repeal the second Amendment) Bret Stephens,  that could have been a parody of mainstream media bias and “resistance” false reasoning, but wasn’t. I didn’t have the heart or the stomach to fisk it, the thing is such self-evident crap: Thanks, Ann! She writes in part… Continue reading →