New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse. Luckily, Franco had an excuse, or so she thought. She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.
Let’s call this particular social media gaffe Ferris Bueller’s Mistake. For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that. There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.
Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the false itinerary.
Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading →
1. Basic ethics blindness regarding the White House Correspondents Dinner. The ethically obtuse responses I am reading in columns and blogs regarding the self-defining journalism ethics event–you know, as in none—doesn’t bother me too much. I assume these people have the ethics of jackals. The similar responses I am reading here from intelligent readers who have been supposedly paying attention, however, discourage me greatly. Really: why bother writing a couple thousand words a day about ethics when your readers react to a high profile, unequivocal act of disrespect and rudeness by resorting to “I don’t like the guy, so I’m glad,” “he started it!” and “they had it coming”?
Or, my personal favorite, “this one insult everyone is talking about isn’t one if you spin it hard enough, so the other 30 insults don’t matter”?
There is no ethical defense whatsoever for inviting individuals to a formal dinner and intentionally making them feel like they are being singled out for abuse. Ever. Period. No exceptions. This is so obvious and uncontroversial that it prompt debate in a civilized society. That anyone is trying to defend the association, and its hired gun, Ms. Wolf, simply validates my two years-and-running correct prediction that electing Trump as President will turn this into a nation of assholes, though I was expecting those transformed to be primarily young, shallow and easily influenced. I did not expect so many professionals to re-enact the donkey-scene in “Pinocchio.”
And yes, as far as I’m concerned, Wolf, with the journalists’ consent, insulted the President of the United States and his daughter to their virtual faces. It is just moral luck that Trump did not attend, and there is no reason to believe that Wolf changed her act one iota because he wasn’t there. She was prepared to call the President of the United States a pussy, a monster and a Nazi to his face, with him a captive audience member. The ethics-free, rationalized justification I am reading on this blog is , “Yeah, well he made fun of a disabled man in 2016!” Wow. I really am wasting my time, I guess. How else can I interpret that?
Off the blog, some other ethically dim justifications have surfaced, like today’s New York Times column absolving Wolf from all responsibility because she performed the same kind of anti-Trump material that she always did. Funny, nobody gave Don Imus, the briefly ascendant shock-jock, that easy out when he embarrassed President Bill Clinton by calling him a “weasel,” among his less offensive terms, when he entertained the same group. Hey, protested the I-Man, I call Clinton a lying weasel every day on my show, why would anyone expect me to do any differently at the dinner? Why? Because professional entertainers have calibrated the appropriate content of their performances to their audiences’ tastes and sensitivities forever, that is why, and professionals are expected to be professional, which includes responsible. Go ahead, look me in the eye and tell me that Wolf would have made equally denigrating jokes if Obama was the President. Jokes about his flirtation with being gay. Jokes about eating dog. Jokes about him being a weenie with Putin and the “red line.” Jokes about the most “transparent” administration ever. Jokes about Joe Biden feeling up women during photo ops. About the IRS. About “you can keep your plan.” No, the association always assumes that its entertainers would keep their material appropriate to the venue and the event. The argument being used to excuse Wolf would be like excusing infamous “blue” material comics like Buddy Hackett, Redd Foxx and David Brenner if they made dick jokes on “The Ed Sullivan Show.” No, they toned down their material, out of respect for the audience. Respect. What a concept. And this was an audience of middle class Americans, not the President of the United States.
Of course, Wolf easily could have assumed that she was expected to be uncivil, cruel and offensive, since she knew that her hosts, like her and her fellow professional Trump-bashers, constituted the “resistance’s” Agents of Presidential Destruction. That doesn’t relieve her of ethical responsibilities, though. The association was irresponsible to hire someone with her proclivities, and she is accountable for her own disgusting, divisive conduct. Continue reading →
When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.
Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.
But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading →
The fact that MSNBC continues to employ Joy Reid, so unethical in so many ways, would be sufficient all by itself to justify never trusting the network. Just in case her racebaiting, bias and hate-mongering weren’t enough, however, now she has issued a mind-blowing Jumbo of such magnitude and audacity that it is impossible to deny that either she is willing to lie about anything, or in the alternative, is nuts. There do not seem to be any other explanations.
On Ethics Alarms, a Jumbo is the term for a desperate, ridiculous lie that insults the intelligence of all who hear it. The term comes from name of the elephant Jimmy Durante was trying to sneak out of the circus in Billy Rose’s eponymous Broadway extravaganza “Jumbo,” when he was stopped by a sheriff, in the show’s most famous moment. “Where are you going with that elephant?” demanded The Law. “Elephant? What elephant?” answered the Schnozzola, innocently. But Reid’s Jumbo out-Jumbos Jimmy.
It all began last December, when some homophobic posts on Reid’s old blog surfaced. Then she issued a self-contradictory apology, flagged in this Ethics Alarms entry. but it turned out that there were more such posts to be found. Six days ago, the media site Mediaite uncovered more posts by Reid that were critical of homosexuality and gays, from The Reid Report, a now defunct blog that Reid authored long before she became a warrior of “the resistance.” They were originally tracked down and shared on Twitter by sleuth Jamie Maz, who found them using the internet archiving service, the Wayback Machine, which takes screenshots of frequently trafficked web pages to preserve them. Reid’s response was to deny that she wrote the posts:
“In December I learned that an unknown, external party accessed and manipulated material from my now-defunct blog, The Reid Report, to include offensive and hateful references that are fabricated and run counter to my personal beliefs and ideology.
I began working with a cyber-security expert who first identified the unauthorized activity, and we notified federal law enforcement officials of the breach. The manipulated material seems to be part of an effort to taint my character with false information by distorting a blog that ended a decade ago.
Now that the site has been compromised I can state unequivocally that it does not represent the original entries. I hope that whoever corrupted the site recognizes the pain they have caused, not just to me, but to my family and communities that I care deeply about: LGBTQ, immigrants, people of color and other marginalized groups.”
1. An especially despicable example of airbrushing history. It’s done. Yawkey Way, the street bordering Boston’s iconic Fenway Park that was renamed in honor of the owner of the Red Sox and the park following his death in 1977, has been returned to its old name of Jersey Street. The team petitioned for the change, an example of ingratitude and willful betrayal seldom seen in a public institution. A rough equivalent would be the University of Virginia banning the name of Thomas Jefferson. It is not an exaggeration to say that the Boston Red Sox franchise owes it esteemed (and profitable) status in Boston’s culture to Tom Yawkey, who owned the team for almost half a century. He has a plaque in baseball’s Hall of Fame, too. But Yawkey, who was born in the 19th Century was a man of his time, and was late accepting the need to integrate baseball, like every other baseball team owner until 1947, when the Dodgers broke the color line. By the final decade of Yawkee’s ownership, he had certainly learned his lesson: his team had the longest stretch of excellence since Babe Ruth was sold, led by such black stars as George Scott, Reggie Smith, Jim Rice, Cecil Cooper, and Luis Tiant.
Never mind. Last year, Orioles centerfielder Adam Jones triggered a public relations crisis for the team when he claimed that he had heard racial slurs from some fans in the centerfield bleachers. (I don’t doubt him.) The easy solution was to throw Tom Yawkey’s memory under the metaphorical bus, since purging his name (his wife, Jean Yawkey, also owned the team after her husband’s death) from the franchise he built. It proves that John Henry is “woke,” you see.How cynical and cowardly.
2. Another one bites the dust. Good. Representative Patrick Meehan (R-PA) had already announced that he wouldn’t be running again after it was revealed that he had paid taxpayer funds to a sexual harassment victim on his staff, abruptly resigned yesterday to avoid a House ethics investigation. “While I do believe I would be exonerated of any wrongdoing, I also did not want to put my staff through the rigors of an Ethics Committee investigation and believed it was best for them to have a head start on new employment rather than being caught up in an inquiry,” Meehan said in his disingenuous statement, insulting anyone who read it,“And since I have chosen to resign, the inquiry will not become a burden to taxpayers and committee staff.”
Riiiight.
Meehan also said he would payback $39,000 to the Treasury to reimburse the cost of what he described as a “severance payment,” as in “negotiated damages for workplace misconduct that he didn’t want to have made public.”
Say what you will about #MeToo, it has chased a lot of public trust-abusing creeps out of Congress. Continue reading →
Drew Cloud is known as a journalist who specializes in student-loan debt issues. He has been quoted extensively in The Washington Post,The Boston Globe, and CNBC, as well as by blogs and websites that cover student debt developments. Cloud founded The Student Loan Report, an “independent, authoritative news outlet” covering all things student loans, “after he had difficulty finding the most recent student loan news and information all in one place.”
This week, the Chronicle of Higher Education revealed that there is no such person, and that the website was stealth marketing tool by a loan financing company, LendEDU.
“After The Chronicle spent more than a week trying to verify Cloud’s existence, the company that owns The Student Loan Report confirmed that Cloud was fake. “Drew Cloud is a pseudonym that a diverse group of authors at Student Loan Report, LLC use to share experiences and information related to the challenges college students face with funding their education,” wrote Nate Matherson, CEO of
After The Chronicle spent more than a week trying to verify Cloud’s existence, the company that owns The Student Loan Report confirmed that Cloud was fake. “Drew Cloud is a pseudonym that a diverse group of authors at Student Loan Report, LLC use to share experiences and information related to the challenges college students face with funding their education,” wrote Nate Matherson, CEO of LendEDU.
Before that admission, however, Cloud had corresponded at length with many journalists, pitching them stories and offering email interviews, many of which were published. When The Chronicle attempted to contact him through the address last week, Cloud said he was traveling and had limited access to his account. He didn’t respond to additional inquiries.
And on Monday, as The Chronicle continued to seek comment, Cloud suddenly evaporated. His once-prominent placement on The Student Loan Report had been removed. His bylines were replaced with “SLR Editor.” Matherson confirmed on Tuesday that Cloud was an invention.
Pressed on whether he regretted deceiving news organizations with a fake source, Matherson said Cloud “was created as a way to connect with our readers (ex. people struggling to repay student debt) and give us the technical ability to post content to the WordPress website.”
Two questions:
>Why would anyone trust a finance company that thinks this kind of dishonesty is acceptable conduct?
>And what does this tell us about the diligence, professionalism and trustworthiness of journalists, who would present as an expert an imaginary person who shills for a loan firm?
A jury found Bill Cosby guilty Thursday of drugging and sexually assaulting a woman at his home near here 14 years ago, capping the downfall of one of the world’s best-known entertainers, and offering a measure of satisfaction to the dozens of women who for years have accused him of similar assaults against them.
On the second day of its deliberations at the Montgomery County Courthouse in this town northwest of Philadelphia, the jury returned to convict Mr. Cosby of three counts of aggravated indecent assault against Andrea Constand, at the time a Temple University employee he had mentored.
The three counts — penetration with lack of consent, penetration while unconscious and penetration after administering an intoxicant — are felonies, each punishable by up to 10 years in state prison, though the sentences could be served concurrently.
Observations:
1 Good. Cosby should be serving hard time for rape. This verdict won’t accomplish that, and he has the resources to keep the matter tied up in appeals, maybe even forcing a new trial. Never mind: the verdict itself is satisfying punishment for a true ethics villain.
2. The verdict overcame the Cognitive Dissonance Scale, and that’s no mean feat. The jury deserves a lot of credit. Here, for the umpteenth time, is the scale:
Celebrities—or the characters they are identified with— are typically so high on the scale ( think of Bill/Cliff Huxtable as a plus 100) that even the evidence of a crime can’t pull them down sufficiently for jurors to be able to resolve the dissonance when they are thinking, “But he’s a great man and a wonderful person! How could he do these things?” The dissonance creates automatic reasonable doubt, all by itself, at least with enough jurors to ensure a mistrial, as in Cosby’s first trial. Hence O.J. Errol Flynn was acquitted of statutory rape. Robert Blake (“Baretta”) was acquitted of murdering his wife. Bill Cosby figured to have an unusually strong celebrity shield, but several factors overcame it:
the amount of evidence against him.
the fact that what he did represented such a betrayal of his public image
the judge allowing, in the re-trial, other victims to testify
the series of previously admired show business figures who have been exposed as predators and sexual abusers since the Harvey Weinstein Ethics Train Wreck pulled out of the station, and
the fact that Cosby peak celebrity was decades ago.
If the trial had occurred at the time of “The Cosby Show,” I wonder if any evidence could have convinced a jury to convict him. Continue reading →
Immediately, the shameless agents of “the resistance” in the blogosphere, cyberspace and the mainstream media leaped on the gaffe with the enthusiasm of jackals encountering fresh carrion. Here is a typical example, from ThinkProgress:
“In Francisco’s defense, this is probably a slip-up. He probably meant to say that Trump has praised Islam as one of the greatest religions of the world. But still, it’s a slip-up that seems more likely to happen if you truly believe that Muslims are all the same. “
Now the accusation is that Francisco thinks “all Muslims are the same”? Morons! The Solicitor General doesn’t argue his personal beliefs or positions, but the government’s. Moreover, Francisco isn’t “Trump’s lawyer” as this consistently dishonest and rapidly partisan cyber-rag claims, but the United States of America’s lawyer. This is ThinkProgress taking the typical, current, Angry Left position that anyone who works for the Administration must also hold the parody of its alleged beliefs the “resistance” claims in its propaganda and fearmongering. ThinkProgress has no idea what Noel Francisco thinks about Muslims or Islam. Lawyers are not their clients, Francisco isn’t Trump, and Trump never said that Islam is “one of the greatest countries of the world.” What he said, in a 2017 speech in Saudi Arabia that was intentionally conciliatory to Islam,
“The Middle East is rich with natural beauty, vibrant cultures, and massive amounts of historic treasures. It should increasingly become one of the great global centers of commerce and opportunity.This region should not be a place from which refugees flee, but to which newcomers flock. Saudi Arabia is home to the holiest sites in one of the world’s great faiths…”
Francisco’s mistake in oral argument was absolutely meaningless, trivial, and without consequence. No Justice corrected it, because they all knew what Francisco meant to say, and also because most of them have probably done worse. The actual quote he referred to was probably in his brief. Yet this arrogant and vicious cabal of progressive scolds nonetheless piled on, to embarrass Francisco, to attack the President, to throw their petty tantrum because they are going to lose on this issue, as they should , as they always should have. Now they will move on to their next effort to make governing as difficult as possible for the elected President, and as painful as possible for those who serve the nation along with him.
As I just wrote to a commenter on Ethics Alarms who debased himself by raising Francisco’s slip of the tongue, an oral argument before the nation’s highest court is incredibly stressful. The most brilliant, most prepared, most composed lawyers frequently stumble and stutter when they are under that microscope. Anyone who mocks a lawyer who makes a mere verbal miscue while broiling under a harsh professional spotlight with such massive stakes—as all Supreme Court cases have–is displaying ignorance, being a jerk, or both. Continue reading →
1. Wake up with President Trump! By sheer chance, I surfed by Fox and Friends just as the three goofs (or two goofs and a random blonde from the stable in a tight party dress) on the sofa were having a spontaneous phone interview with President Trump, just like in the good old days in 2015, when CNN and NBC let the crazy old reality star and eccentric real estate mogul blather on while they smirked and nodded because it was great for ratings and might even saddle the evil Republican Party with a Presidential candidate that Hillary Clinton could squash like a bug, finally leading to the Great Progressive Awakening in America, with open borders, no more guns, free college, a ban on fossil fuel, and Harvey Weinstein as a White House regular.
Observations:
Say what you will about Trump, this was just after 8 AM, I could hardly utter a coherent sentence, and the President was sounding like Harold Hill doing “Trouble in River City.” Either he had 20 cups of coffee or was hooked up to an electric generator. I have a lot of energy, but Trump is older than I am, and he was energetic, engaged, and, for him, articulate.
His performance this morning highlights how disgusting the “Trump has dementia, let’s use the 25th Amendment to get rid of him” plot was, with the news media in full complicity. It made it hard for me to focus on what the President was saying on Fox, frankly. That particular post-election, anti-democratic attack—it was Ethics Alarms’ Plan E on the alphabetical list of “the resistance’s” ongoing efforts to overturn the election, if you recall—makes me furious every time I think about it.
Nevertheless, I will never get used to having a President who talks like he does. It isn’t statesman-speak, or even demagoguery. It’s pure salesman patter, again, like Harold Hill, or any infomercial spokesman. It’s almost hypnotic. What Trump-Whisperer Scott Adams would say, indeed has said many times, is that this is a talent and a skill, and we aren’t going to see it become commonplace among Presidents because most people just can’t do it well. No, it’s not Presidential, and will never be. But it works.
I also realized, once again, how much class bigotry is involved in the extreme hostility to President Trump from the “elites,” and yes, I count myself in that group. Never mind what schools Trump went to: he’s Fred Trump’s son, and unlike the Kennedy boys, never polished off the rough spots passed along to him through his humble, street-smart, back-alley forebears. I just watched the film of “My Fair Lady” again after many years, and found myself thinking about Henry Higgins’ theories while I was listening to Trump: if he spoke like Barack Obama, how differently would the news media and his adversaries treat him? Yet how many of his supporters would then regard him as just another one of “them”?
Why can’t the English teach their children how to speak? This verbal class distinction, by now Should be antique If you spoke as she does, sir Instead of the way you do Why, you might be selling flowers, too!
An Englishman’s way of speaking absolutely classifies him The moment he talks he makes some other Englishman despise him!Continue reading →
Ward 8 in the District of Columbia, where corrupt former mayor Marion Barry set up shot after getting out of prison, now has a Representative on the D.C. City Counsel who makes Barry look like Barack Obama as a statesman and Stephen Hawking as an intellect. This is Trayon White, who recently made the news after opining that “the Rothschilds” as in, “the Jews “control the weather to own the cities.” After an apology, he took a tour of the Holocaust Museum, and embarrassed himself further, asking some bizarre questions before leaving the tour early.
So what was the Washington Post editorial page’s reaction to this? Amazing…some high (low?)lights…
Many people were inclined to believe that D.C. Council member Trayon White Sr. (D-Ward 8) spoke from ignorance, not malice, when he talked about Jewish financiers controlling the weather. That was, and continues to be, our view….
So an elected city official is more ignorant than a stick of gum. The “Jews control the weather” line was scientifically ignorant, societally ignorant and historically ignorant, plus being so cretinous it hurts to read. At that point, does the distinction between malice and ignorance matter?
Mr. White, who joined the council last year, has attracted national attention because of his controversial remarks earlier this year suggesting Jewish control of climate and government. The furor had died down when The Post detailed an awkward visit to the Holocaust Museum by Mr. White and his staff. That Mr. White initiated the visit is to his credit, and a pass should be given to questions asked in earnest good faith but out of ignorance. Sadly, as shown by a recent survey, a lack of knowledge about the Holocaust is not uncommon in young Americans.
What? The man is an elected government leader! Government leaders have to know something. White’s questions (for example..shown a photo taken in 1935, that depicts a woman in a dark dress shuffling down a street in Norden, Germany wearing a large sign around her neck reading, “I am a German girl and allowed myself to be defiled by a Jew” as she is surrounded by Nazi stormtroopers, White asked his guide, “Are they protecting her?”) reveal a deep lack of knowledge or minimal historical education. He’s unqualified for office. What kind of defense is it that “young Americans” are ignorant of the Holocaust? This isn’t even an effective “Everybody does it” rationalization. He’s not a “young American,” he’s a City Council member. He’s supposes to lead “young Americans.”
And how many young Americans think that the Jews are controlling the weather?
For contrast and good laugh, read this defense of White, which is essentially identical to White’s own “I try to help the downtrodden, so it shouldn’t matter if I’m dumb as a brick” excuse. Back to the Post…
Ethics Alarms 