Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson, despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?”
Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.
Never.
She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.
Robertson writes:
“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”
1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.
1. I am puzzled that no respected journalism source—assuming arguendo that there is one—hasn’t taken on the New York Times’ alleged list of President Trump’s “lies,” which was in my Sunday Times and released on-line earlier. I will do it today, but it shouldn’t fall to me, or other similarly obscure analysts. Why, for example, hasn’t the Washington Post taken this golden opportunity to prove how biased, dishonest and incompetent its rival is? Because, you see, the list is disgraceful, and smoking gun evidence of the Times’ abdication of its duty to its readers, except its own perceived duty to give them around the clock Trump-bashing.
The other thing I’m puzzled about is why I continue to subscribe to the New York Times.
2. One possible reason: The Sunday Times is now a weekly collage of the various derangements, false narratives and obsessions of the Left, and worth reading just to witness how 1) bias makes you stupid and 2) how unmoored to reality one can be and still be judged worthy of op-ed space. Here, for example, is “Black Deaths, American Lies” (the print title), a screed by Ibram X. Kendi, a professor of history at American University in Washington, D.C. (Disclosure:I was also a professor at American University. But I was an honest and apolitical one.)
The first line is, “Why are police officers rarely charged for taking black lives, and when they are, why do juries rarely convict?” This is deceit: an honest scholar wouldn’t have written it, and an ethical editor wouldn’t have allowed it to get into print. The sentence implies that officers are less rarely charged and convicted when they take white lives, and this is not true. In the print version, the article is headed by a touching photo of a street memorial to Mike Brown, whom we now know got himself shot. The Black Lives Matter narrative that Brown was murdered is still carried on by racist activists, ignorant members of the public, cynical politicians and unethical figures like Kendi, who lend their authority to divisive falsehoods. Kendi then focuses on the Philandro Castile shooting, as if its facts support his thesis. They don’t. First, the officer was charged, though he shouldn’t have been. Second, we have now seen the video, which clearly shows that after telling the officer that he had a gun, Castile reached into his pocket and began pulling out his wallet as the obviously panicked officer shouted at him not to pull out his gun. Just as the video proves that the officer was unfit to be a cop, it shows that he was in fear of his life and why. He could not be convicted of murder on that evidence. Never mind: The professor writes, Continue reading →
Meanwhile, for Trinity College, the countdown has started.
After Professor Johnny Eric Williams, associate professor of sociology at Trinity College in Hartford, approvingly posted a Medium article titled “Let Them Fucking Die” on Facebook, he went on to endorse the article’s thesis ( potential rescuers like those who helped Rep. Steve Scalise should let imperiled white people die as a form of combating white supremacy) in his own Facebook posts:
The Medium article concluded with this advice regarding one’s responsibilities as a citizen and a human being when a white person is in mortal peril… Continue reading →
1. I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics. Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.
2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…
…and this one…
…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.
3. This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →
This is the second Comment of the Day within a week from Ethics Alarms prodigal son Curmie, a college prof, who makes the case that college education is being excessively maligned. You should probably re-read the post he’s responding , another Comment of the Day, to appreciate his argument.
This is a cogent analysis up to a point, but I must say I’m more than a little sick and tired of having people tell me what goes on in my classroom. I teach at a non-flagship state university. And the description of what happens in college classrooms simply does not match my experience of them.
(Side note to Ryan: I really do like a lot of what you’ve said here. I apologize if the succeeding sounds like a personal attack. It is not intended in that spirit. Just one too many sweeping generalizations about my profession, and the last straw happened to be yours.)
Ryan cites Thomas Aquinas. I prefer the great late-20th century philosophers known as Monty Python: “I’m not dead yet.”
I do expect students to know some objective facts: if you can’t tell me the basic tenets of neoclassical theory or who David Garrick was, you’re not going to fare well in my theatre history class. If Ryan wants to say that in this sense I insist on regurgitation, he has my permission to do so.
But to get an A on the research paper, you’d better be able to interpolate from incomplete data, and to articulate a point of view based on the facts as they are available to us. That means finding out what the facts are, but also finding context: okay, so it cost a penny to see a play at the Globe Theatre. But that’s a meaningless statistic if you don’t know what that Elizabethan spectator could have bought for a penny if he didn’t spend it on standing room in an outdoor theatre. Continue reading →
One thing I have noticed on those rare occasions when I truly listen to someone whose viewpoint is diametrically opposed to my own is that I discover there are indeed legitimate points being made and legitimate concerns that need to be heard. That doesn’t mean that I experience a paradigm shift. I will still believe that opposing viewpoint is incorrect, but at the same time I discover that my understanding of that opposing view was actually wrong.
There’s a great deal of satisfaction in being right, and I confess that at times I am more concerned with being right than with listening to someone whom I think is wrong. But there may be much more to the desire to be right than mere ego. Our brains are wired to find the simplest and easiest course. We learn actions that can then be performed by rote, without even thinking about them. That is why we find ourselves, upon walking into the kitchen, opening the refrigerator door and staring at food for five minutes before we recall we really entered the kitchen to find a flashlight. Our brains have developed a pattern that says: “enter kitchen, open fridge”. Having the right answer is a great thing, for our brain can discard all else and hold onto that right answer. It is easier. Simpler. Life now makes sense and we can proceed with cataloguing the more important details in life (the current Kardashian scandal or the names of all the Pokemon and their evolutions).
Being challenged in our right answers is uncomfortable. It can be especially distressing when someone presents us with a set of facts that, at least on the surface, contradict our right answers. We have two choices when confronted with such a challenge: we can either try to hone our own arguments, or we can retreat and try to insulate ourselves from further confrontation. We’ve seen quite a bit of the latter. We develop little adages about how it is impolite to discuss religion and politics — the two most important areas of life, and the two areas most likely to spark an argument. We surround ourselves with like-minded people, listen to the news that most appeals to our viewpoints, and never venture outside the echo-box. Certainly all these tactics are easier than constantly assimilating new arguments, researching new theories and developments, stringing together logical narratives, and perhaps even adjusting our own viewpoints when our conclusions lead us to recognize errors in our previous judgments.
I’ve read a little bit recently on St. Thomas Aquinas, and in reading I gained a peek into life in the universities of the thirteenth century. Students did not come to a university to attend lectures. They essentially apprenticed themselves to a master, who then did not teach so much as dialogue. They demanded that their students ask questions and find answers themselves. I read an account of how universities would host open debates, and the masters would throw their students into the ring to answer the challenges and objections people would raise. Continue reading →
“A few hysterically censorious kids screaming for a professor’s termination for crimethink do not threaten the foundations of free speech, but Yale lauding them does. Relatively few thugs disrupting a speech and even physically assaulting a professor don’t call into question the culture’s support for free speech, but Middlebury offering weak slaps on the wrist and shrugs for that violent behavior does. A violent mob in Berkeley does not undermine the legitimacy of free speech doctrine — a mob is a mob — but Berkeley’s timorousness or indifference in the face of violent censorship does. Students furious at a professor disagreeing with them don’t call into question the nation’s commitment to freedom, but state officials refusing to guarantee a professor’s safety do. In short: the regrettable behavior of officials who have failed to stand up to disruption of speech are the people most responsible for legitimizing further disruptions of speech, whoever commits them.”
——Lawyer/blogger/ free speech champion Ken White, writing about efforts on both the Left and the Right to interfere with or punish speech and opinions they don’t approve of.
Well and truly said, Ken.
Ken continues,
“But we can, and should, do better. Commitment to free speech as an American value — as an element of American exceptionalism — has always required tolerating evil and injustice and idiocy. We don’t refrain from disrupting speech because the speakers deserve it, or because we’ve been treated fairly by the speakers or their allies. We refrain from disruption — and ought to punish those who disrupt — because free speech is the necessary prerequisite of a society based on individual rights and freedoms. It’s the right that’s the gateway to all other rights. Shrugging and abandoning it as a value is an abandonment of our commitment to all rights.”
Why is this so hard to teach in colleges? Perhaps because the faculties and administrators prefer that their students never learn it.
1. If you haven’t yet read them, Steve-O-in NJ’s Comment of the Day on Chris’s brilliant Comment of the Day regarding ideological and partisan hate—plus Chris Bentley’s Comment of the Day on the same post, are all especially worth reading, not that all Comments of the Day by Ethics Alarms readers are not. I apologize for an unusually long intro to Steve’s post, but I had been holding on to a lot of related material from the day past on the topic, and it was either use them there or be redundant later. This meant putting Steve-O’s COTD after the jump, which is why I’m giving an extra plug to it now.
There were the obligatory riots after the verdict acquitting Jeronimo Yanez, the officer who fatally shot Castile in his car after he told the officer that he was carrying a legally registered firearm and then reached for his wallet to show the officer his license. This is just the latest cattle-car in the Ferguson Ethics Train Wreck, the familiar pattern of a badly-trained cop, a dubious police stop, poor judgment by a victim, and a needless death. I would compare it to the Tamir Rice shooting in Cleveland, where the officers involved weren’t even indicted.
Why in the world would a motorist tell a cop in that situation—Castile had been officially stopped for a broken tail light, but in reality because he was black, and the officers thought he resembled a suspect in a crime who was also black—that he had a gun? This could be interpreted as a threat, and obviously Yanez saw it as one. The verdict looks wrong at a gut level, but it is easy to see how the jurors were thinking: they placed themselves in the officer’s position. They would have been in fear of their lives, so they couldn’t find a way to pronounce Yanez a murderer for doing what they could see themselves doing under similar circumstances. This was a legitimate case for reasonable doubt under the law. Police officers, however, are supposed to be less likely to panic than a typical juror. Castile is dead because of incompetent police work, but the criminal laws don’t allow different standards to be applied for different occupations, not should they. Continue reading →
Seven percent of all American adults believe that chocolate milk comes from brown cows, according to a nationally representative online survey commissioned by the Innovation Center of U.S. Dairy, reports the Washington Post. The writer then goes on to explain why this “surprising result” occurred. The main thesis: Americans are now so far removed from farm and food production that ignorance is epidemic.
I have no doubt that too many kids aren’t properly informed by the adults in their lives about basic facts of food and agriculture., just as I know that the average American has trouble placing the Civil War and World War I on a timeline, can’t name more than ten Presidents, and thinks JFK was “great.” I also have no doubt that 7% of the American public is dumber than a box of whoopie cushions. Taking a poll result like this one at face values, however, shows why the news media was so sure Hillary Clinton would win.
1.Senator Diane Feinstein redeemed some of the Democratic Party’s integrity by stating that James Comey’s revelations regarding Obama AG Loretta Lynch’s directive that he lie to the news media and the American people so they wouldn’t think Hillary Clinton was being investigated warranted hearings and its own investigation. This was easily the biggest story to come out of Comey’s testimony, as the U.S. government using its power to influence a Presidential election by spreading misinformation is far more serious than a foreign power influencing an election by allowing the public to see what a candidate and her party have been covering up. (I have stated the issue this way before, and will continue to do so, since it is accurate and true.) That this damning account was mostly buried by the New York Times, the Washington Post and the broadcast media is yet one more smoking gun (as if more were needed) proving just how partisan and untrustworthy the news media has become. It also should focus more attention on the still-percolating IRS scandal, speaking of subordinates interpreting a leader’s expressed desires as directives, as well as Barack Obama’s repeatedly demonstrated belief that the ends justifies the means in the 2012 campaign, the passing of the Affordable Care Act, the Iran deal, and more.
2. NY Times op-ed columnist Charles Blow, a smoking-gun himself since the Times’ refusal to discipline or can him when he repeatedly used anti-Mormon slurs to attack Mitt Romney, has become the loudest shill for “the resistance” at the paper–quite an achievement, since the whole paper is a shill for “the resistance”—reveals that 43% of the public (according to polls, remember, and we now know how reliable and unbiased they are) believe that Congress should commence impeachment hearings. Blow finds this tragic, but the only two interpretations of the data is that 43% of the public is civicly, legally and historically ignorant, that 43% of the public has been completely misled by the biased reporting of the news media, or that 43% have embraced the anti-democratic view of impeachment being pushed by progressives and “the resistance,” which is that it is a legitimate device to undo elections and ensure that the Left achieves permanent rule over us all. Writes Blow, sniffling,
“I know well that the very real obstacles to removal injures the psyche of those worn thin by the relentless onslaught of awfulness erupting from this White House. I know well that impeachment is one of the only rays of hope cutting through these dark times. I’m with you; I too crave some form of political comeuppance. But, I believe that it’s important to face the very real possibility that removal may not come, and if it does, it won’t come swiftly. And even a Trump impeachment would leave America with a President Pence, a nightmare of a different stripe but no less a nightmare.”
It should bother everyone that a man like this has a regular, high-visibility platform for his corrosive views. Impeachment is national convulsion that good citizens only hope for when a President has engaged in impeachable acts. Blow and other like him, who hope for those impeachable acts to justify removing a President they object to on ideological, personal or other grounds are just people with busted ethical alarms, bad citizens, bad neighbors, and dangerous to our democracy.
3. Here is an ethics train wreck from academia.A white professor at the University of Tennessee asserted via a multiple choice quiz ( Colleges use multiple choice quizzes?) that the statement “Black family bonds were destroyed by the abuses of slave owners, who regularly sold off family members to other slave owners” was wrong. A black student vehemently disagreed and challenged the teacher, who then threatened to “get” the student on Facebook. After the professor was pressured into resigning by the university, she emailed the class with a further attack on the student, without using her name. Naturally, the student has decided that this single incident shows the lurking perfidy of white social justice warriors, or to put it bluntly, “Can’t trust whitey!” How do people like the professor get hired? Since when is a professors position “unacceptable’ because it disputes conventional wisdom? Is race immune from non-conforming academic views? And why are college courses using multiple choice quizzes? [Pointer: Fred]
4. Also from Ethics Alarms Super Scout Fred: this study, showing that Oakland police officers “tend to speak less respectfully to black people than to white people during traffic stops, using language in these everyday interactions that can erode community faith in the police, according to a first-of-its-kind study of body-camera footage released Monday by Stanford researchers.” Ugh. Now that’s “ microagression,” and maybe not so micro.
Ethics diagnosis: incompetent training, negligent oversight, and dead ethics alarms.
5. CNN has a lot of work to do before it can claim to be a professional and trustworthy news source, and one obvious step is to fire Brian Stelter, the network’s alleged journalism ethics watchdog. His predecessor Howard Kurtz was pretty bad, but Stelter is pure flack, seeing his main function as defending CNN and his secondary function as denying media bias, since he is so shockingly biased himself.
Yesterday on his ironically-named show “Reliable Sources,” Stelter and guest Jeff Greenfield blamed President Trump for polls that show a steep decline in public trust of the news media. Greenfield said, “I think that has served that relentless campaign on Twitter and in his comments, fake news, fake news, fake news has been to convince that group of people that there is no such thing as a set of facts independent of your politics. And that has certainly served to continue and accelerate what you’ve talked about as a long process of declining trust in news.”
The downward trend will continue until prominent members of the news media admit that the reasons trust in journalism have declined precipitously are
That the mainstream media’s partisan bias is obvious and palpable,
That has proven itself untrustworthy, and
Arrogant hacks like Stelter and Greenfield make it clear to all willing to see reality that the news media thinks that there’s nothing wrong with its reporting.
As for President Trump, he has an ethical and professional obligation to focus attention on the news media’s shift into a partisan political force, both to prioect his administration and to ensure that the public isn’t deceived. The previous President was happy to ignore this dangerous development, because Obama foolishly thought he benefited from it. In truth, he and the nation would have benefited more by journalism that held him to higher standards and criticized him when he deserved it, which was often.
Ethics Alarms 
This excellent comment requires no introduction, just reading.
Here is Ryan Harkins’ Comment Of The Day on the post, “Ethics Quote Of The Week: Ken White Of Popehat”: