Ethics Alarms Award Nominee

My Favorite Christmas Story Of 2018: The Magic Of “White Christmas”

/ Jack Marshall / 4 Comments

It looked like it was going to be a bloody Christmas tragedy. Nathaniel R. Lewis, 34, of East Vincent Township in Pennsylvania, had snapped on Christmas night.

He barricaded himself inside his home, about 42 miles west of Philadelphia, and fired shots at eleven police officers with his rifle during a 10-hour standoff. Lewis was distraught after separating from his wife before Christmas.  Nobody had been hurt in the exchange of gunfire, but the tense confrontation lasted from approximately 7:30 p.m. on Christmas until 7:00 am the next morning, and a peaceful ending was hardly a certainty. Then Lewis told the SWAT  team that he might calm down and surrender if the negotiator would sing “Nat King Cole’s version” of “White Christmas” for him.

So the  officer sang “White Christmas,” not quite like Nat, presumably—nobody sang like Nat—but close enough. Lewis  came out of the house and surrendered to police. He now faces 11 charges of attempted homicide of a police officer. Continue reading →

Morning Ethics Warm-Up, 12/29/18: ‘Infuriating Stuff I Wish I Didn’t Have To Know About Or Write About’ Edition

/ Jack Marshall / 35 Comments

Screaming from mountain tops does no good, I know, but this is the life I have chosen…

Good Morning.

(My beautiful Christmas tree is drooping already, despite meticulous care. (Did you know that in Philadelphia it’s called a “Holiday Tree”? Did you know they had gone mad in Philadelphia?) I’ve had some last until February first. Not this one, I fear.)

1. Like most of the journalism establishment here, only less subtle about it.  Der Spiegel reporter Claas Relotius was exposed this month to be that publication’s version of Stephen Glass, a star journalist who just made stuff up. He, however, made stuff up to play to anti-Trump sentiments abroad, writing multiple stories to show how bigoted and backward the town of Fergus Falls, Minnesota was, explaining why it went for President Trump in the 2106 election.

The New York Times story on the hoax shows how Relotius could have accomplished the same mission using just spin, slanted framing and old fashioned bias. Read the thing: it just drips with thinly veiled contempt for Trump voters, and the President, of course. “The election results speak for themselves,” says the Times, knowing how the typical times reader will take that. The Times reporters reveal that the town isn’t full of racist yahoos as if that is news in itself.

2. Can’t let this pass, unfortunately. President Trump and first lady Melania Trump were taking calls from young children wondering about Santa’s whereabouts on Christmas Eve, as part of the NORAD Santa tracker (which I think is a waste of money no matter what it costs, and an example of the government being involved where it should not be), and had  this conversation  with 7-year-old Collman Lloyd which was videoed on both sides;

Collman told the President about the Santa visit preparations underway at the Lloyd household, saying “Probably put out some cookies and then we’re hanging out with our friends, so that’s pretty much all.”

The President: “Well that’s very good. You just have a good time.”

Collman: “Yes, sir.”

The President: “Are you still a believer in Santa?”

Collman: “Yes, sir.”

Trump: “Because at seven it’s marginal, right?” 

Collman: “Yes, sir.”

The trivial exchange triggered more Trump-bashing and a ridiculous amount of negative commentary. This approaches blind hate at a pathological level. The focus of the attacks were that the President’s “marginal” line supposedly destroyed the girl’s belief in Santa Clause. Ugh.

  • She later said that she had no idea what “marginal” meant. We  all know Trump can’t talk: this is Julie Principle territory. The only way one assumes that his intent was to shatter the girl’s innocent faith is if one thinks the President is a monster…which is what the news media wants the public to think.
  • If I had to guess, I would say that he was noting that not all of her friends did believe in Santa—which is, studies say, true. My son was a skeptic at 6. I. in contrast, believed in St. Nick until I was 28…
  • Collman also said that what the Evil Scrooge Trump said didn’t cause her not to believe in Santa, though this could be called moral luck.
  • Even at seven, a personal exchange with the President of the United States would have meant so much more to me than any dents in my Santa Claus beliefs that I wouldn’t have given it a second thought. Of course, when I was seven it was the norm that all citizens respected and honored the President, because that was whom our democracy chose to lead us.

Continue reading →

Signature Significance For “The Enemies Of The People,” Part II

/ Jack Marshall / 27 Comments

Thinking about this since posting Part I yesterday, I have realized that the denial of toxic mainstream media bias, and particularly the media’s efforts to bring down President Trump, is the ultimate Jumbo-–“Elephant? What elephant?” on a grand and unforgivable scale. Want some more elephants? There were oh-so-many of them in 2018, like…

and…

and…

and, in a slightly different context,

The unethical methods used by the anti-Trump mainstream news media to ensure public fear and hostility and to minimize support for the President are familiar by now. They include…

  • Framing facts and events, whenever possible, in ongoing anti-Trump narratives rather than just reporting them.
  • Outright fake news, including misleading headlines, negative spin that distorts understanding, innuendo without evidence, and giving prominence to minor or insignificant stories to imply that they are significant.
  • Using unethical leaks and hearsay without verification to embarrass or impugn the President.
  • Deliberately under-reporting positive developments.
  • Hyping developments by speculating on worst case scenarios for the President.
  • Publishing “future news,” suggesting dire events that might happen.
  • Applying hyper-critical standards to all Presidential words and actions, and actively seeking “gotcha!” fodder.
  • Applying news standards for Trump that have never been applied to past Presidents.

It isn’t necessary to review the whole ugly year of unethical journalism. The steady state of hostility was spectacularly demonstrated over Christmas when CNN and many other news sources reported that President Trump had broken a tradition among recent Presidents by not visiting the troops. Indeed, this embarrassing fiasco could stand as the ugly monument to what our journalism has become.  Wrote NBC:

On Christmas Day, President Donald Trump took part in a long-running practice of presidents who called troops stationed around the country and the world.But he broke from a recent tradition of actually visiting troops and wounded warriors….By staying home on Tuesday, Trump became the first president since 2002 who didn’t visit military personnel around Christmastime.

This was the epitome of fake news, because the President and First Lady were deplaning in Iraq as the false story was published. Only the eagerness of the news media for a negative “gotcha!” can explain such shoddy and nasty journalism. Nobody checked with the White House. The Trump-hating journalists couldn’t wait until after Christmas to report on what the President didn’t do on Christmas, which is as incompetent as it is unethical. Incredibly, some sources have still not removed the original false story.

Once that mode of attack failed, the news media seamlessly and apparently without any self-awareness slipped into attacking the President for making the visit and manufacturing outrage over how the visit was handled.

Both CBS and NBC framed the troop visit in negative terms. CBS Evening News fill-in anchor and NFL Today host James Brown announced,  “But we begin with a historic trip today for President Trump. His first-ever to a combat zone. The President and First Lady paid a surprise visit today to U.S. troops in Iraq. The Commander-in-Chief had been criticized for not visiting a war zone sooner.”

Let me state right now that I think it is certifiably nuts to send Presidents into war zones, ever. Nobody criticized FDR, Truman, or the multiple Presidents who presided over Vietnam for not visiting the troops to boost their morale. That was Bob Hope’s job. Send Bill Maher.

Then CBS chief White House correspondent Chip Reid found a way to compare Trump’s visit unfavorably to President Obama’s time in office, saying,  “It’s the first time the President has traveled overseas to visit U.S. troops in a war zone. Critics say it took far too long, especially compared to President Obama, who visited troops in Iraq in his first three months in office.”

Note the standard “critics say” trope in both instances, which is pure deceit. You’re the critics whose saying it, you hacks.

Next CNN decided, having been among the first to attack the President for not visiting the troops, to bash the President for going! Don Lemon, who no longer even makes a pretense of objectivity, said that he and his family “turned on CNN and we saw the President politicizing a Christmas message, it was like– we kept saying, ‘he’s like the Grinch.’ I’m being honest.”

Every Presidential troop visit is political, of course. It isn’t necessary, it is costly and dangerous, and it is political theater. Only in Trump’s case, however, is this considered a legitimate target of criticism.

Then Lemon attacked the President’s words and demeanor during the visit: Continue reading →

Signature Significance For “The Enemies Of The People,” Part I

/ Jack Marshall / 24 Comments

Perhaps no intemperate statement by the President has caused such excessive outrage as his accusation that the news media are “enemies of the people”—maybe it’s tied with his infamous “they’re sending murderers, they’re sending rapists” line when he threw his hat in the ring; I don’t know. It’s close. I think both comments were better off unsaid by him, but that is a matter of prudence and decorum, not truth. The murderers and rapists point was intentionally misconstrued by the news media to “prove” that Trump’s objection to illegal immigration was based on prejudice, rather than the rather obvious fact that illegal immigrants are breaking the law if they are the salt of the earth, and a lot of them are a lot worse. As the accuracy of the Trump’s characterization of the news media, its distortion of his Mexicans comment was one of many thousands  examples that prove the President right–intemperate, undiplomatic, perhaps unwise, but tragically correct. Bolstered by their Constitutional immunity from any consequences arising from horribly abusing their rights to print and say whatever they choose, the American news media has decided, virtually as a bloc, to

  • manipulate the reporting of the news to undermine this President of the United States and make it difficult, and, if possible, to govern;
  •  bombard the public with unceasing negative characterizations of the man, his words, his appearance, his habits, his past, his thoughts, his family, and his alleged private conversations;
  •  frame all of this within predetermined narratives concocted by his most virulent foes and detractors that were launched and burnished during the 2016, after his election, or shortly after he took office,
  • among them being that he is corrupt, that he is President only to make money through graft, that he is a fascist, an autocrat, and an aspiring dictator, that he lies constantly, that he is a racist, that he hates immigrants, that he doesn’t care about the nation or the American people, that he treasonous conspired with Russia to “steal” the election, that he is the worst possible leader for the country and should be removed as soon as possible, and
  • that he is insane, senile, unstable, stupid and a danger to civilization as long as he remains in office, and
  • that all previous standards, honors, traditions and basic amenities of respect that have been every previous President’s right from George Washington through Barack Obama must not be accorded to President Trump, and
  • nothing, absolutely nothing, he accomplishes or does can possibly be beneficial or praiseworthy. If it is, then he isn’t really responsible for it: It’s an accident, or not as good as it seems, or is hiding a sinister purpose, or that someone else, preferably Barack Obama, really deserves the credit, and
  • all of his critics, opposition and adversaries are right and praiseworthy, no matter how despicable and untrustworthy they have been in the past.

Continue reading →

Ethics Reflections, Post Christmas, 12/26/2018: Quotes, Dummies, Movies And Scams

/ Jack Marshall / 57 Comments

Still Merry Christmas.

1. Quotation ethics. The church next door has a message out front this week that says, “The time is right to always do the right thing”—Martin Luther King.

That’s not the quote. Misquotes get into the public lexicon that way; it’s unethical to go around posting sloppy versions of quotes on message boards. Stated like that, the quote is a tautology: if you always do the right thing, of course the time is right to do what you do anyway. Not that King’s actual quote is one of his best. The actual quote—“The time is always right to  do the right thing” is pretty fatuous, and incorporates  Rationalization #60. The Ironic Rationalization, or “It’s The Right Thing To Do” by assuming that what is the right thing to do is intrinsically obvious. Sometimes the right thing is to wait. Sometimes the right thing is yo be sure what you think is the right thing really is. King was dangerously arming ideologues and the self-righteous who think they are the ultimate arbiters of what is “right.”

Davey Crockett’s quote is better: “Be sure you are right, and then go ahead.”

2. Is it political correctness to point out that Jeff Dunham’s act is racist? After being told by my wife that I couldn’t watch any more holiday movies or the Mormon Tabernacle Choir, my channel surfing today took me to Comedy Central and Christmas-themed performance by ventriloquist Jeff Dunham. Dunham’s low-brow act makes Charlie McCarthy seem like Oscar Wilde, and I cannot watch him and his howling audiences without thinking about this scene in “Blazing Saddles”…

He began his set with “Walter,” his bitter old curmudgeon dummy, whose face is perpetually scowling and whose arms are crossed in disgust with the world. To my amazement, Walter launched into an extended section ridiculing black speech, black slang, hip-hop, Kwanza and the Black Entertainment Network, and the huge, apparently all-white mid-West audience roared with laughter. How ugly and disturbing. These were jokes of denigration, about people who weren’t there. This was never anything but hate-mongering humor, not in 1948, 1958, 1968, or now. It’s an audience laughing at other people for simply being different than they are.

I kn ow, I know: how is this different from what Stephen Colbert, or Bill Maher, or Samantha Bee does in every performance? It isn’t different, really: it’s just that treating white people who aren’t “woke” as the “other” is considered acceptable, while doing this to minorities, gays or women is considered bigotry, hateful, and cowardly.

3. It annoys me that I should even have to say this, but calling “Die Hard” a Christmas movie is nothing but a cynical way to diminish Christmas and the spirit of kindness and love that the holidays are supposed to foster in order to promote future holiday marathons of a violent action movie. Celebrating the film’s 30 Anniversary, some Grinch at 20th Century Fox decided that it would be cute to promote Bruce Willis’s break-out film as “The Greatest Christmas Story” ever told, according to 20th Century Fox. Right: the movie ends with a strained family brought back together, takes place during a Christmas party, and Bruce’s wife is named “Holly.” It also involves the killing of  more than twenty people, including police,l FBI agents, and innocent victims in addition to the bad guys the hero smokes.

And I like “Die Hard.” I even like two of its four vastly inferior sequels. Continue reading →

‘Twas Two Nights Before Christmas Sunday Ethics Warm-Up, 12/23/18: Ho-Ho-Hypocrisy

/ Jack Marshall / 8 Comments

Merry Christmas!

1. Yes, Merry Christmas, dammit. Those responsible for that moment of doubt and ethical uncertainty every time I encountered a stranger on my just completed Ethics Rock Extreme road trip to New Brunswick, New Jersey deserve to be entombed alive in peppermint and plum pudding.  The greeting simply says, “I wish you to be joyful and happy in a season where people are a little less selfish and a little more ethical: I’m not trying to indoctrinate you into Christianity!” Much of this completely unnecessary addition to holiday stress is due to to jerks—yes, I think the word is fair—like Julia Ioffe, the author of  “Please don’t wish me ‘Merry Christmas’/It’s impolite and alienating to assume I follow your religion.”

I thought Charles Dickens slam-dunked that nonsense definitively in “A Christmas Carol,” followed by almost all the Christmas movies that make the same obvious point except to deliberate holiday wet-blankets like Ioffe. No, jerk, the greeting is an expression of cultural unity among human beings, and the celebration of values that need have not be restricted to religious Christmas holiday because this is also a secular tradition as well. As soon as I get this post up, I’m going to re-post the Ethics Alarms Christmas commentary.

Somebody send it to Julia.

2. 2018 Hypocrisy Award, locked up! It doesn’t matter if you are happy or disappointed to see President Trump pull U.S. troops out of Syria and Afghanistan; you should still be able to marvel at the blatant, shameless, pandering, hateful and, really, laughable—if the cultural fad of denigrating the President of the United States regardless of what he does wasn’t so destructive and wrong— hypocrisy by news media Trump-haters, among others. Glenn Greenwald, who sees the world from a leftward perspective but maintains his integrity, called out MSNBC’s Rachel Maddow, who could be the symbol of the whole nauseating. He tweeted,

The most bizarre aspect of Rachel Maddow’s deep anger over troop withdrawal from Syria is that she wrote an entire book in 2012 denouncing illegal US Endless War without congressional approval – exactly what Syria is. I interviewed her about it here: Funny: citing that interview I did of Maddow’s book on the evils of Endless War without Congressional approval reminded me that she asked me to blurb that book, which I did. Here’s what I said – so ironic in light of her anger over Syria troop withdrawal

This upset Glenn’s loyal progressive followers, one of whom sent this fascinating retort:

“The most bizarre aspect of Glenn Greenwald’s inexplicable credibility is his ability to appear as first an advocate and then an opponent of almost everyone and everything. Can’t choose one perspective.”

See? To people like this—the commenter’s handle is IstandwithMaxine, which pretty much explains everything—is that they have been brainwashed to believe that is is bizarre unless adopts a single  view—theirs. of course, otherwise you are evil–and never alters it or admits that it may need re-thinking when that view leads to dead ends, disasters and pitfalls, no matter what new information arises. Someone like Greenwald, who tries to apply the same standards of analysis and ethical judgment to all regardless of whether it advances an ideology, is just untrustworthy, a traitor.

This cartoon has been circulating online. It is 100% fair and accurate regarding Trump’s critics self-indicting reaction: Continue reading →

Morning Ethics Warm-Up, 12/21/2018: Getting The Tree Lights On In One Day Victory Lap Edition, Featuring Sports, Movies, Jerks And “Bambi”

/ Jack Marshall / 14 Comments

Happy Holidays!

Seven hours, one serious needle wound, and 1300 lights later, victory! I’ll finish the decorations when I get back home, IF I get back home…

1. Itinerary…I’m heading to New Jersey via train to hook up with the brilliant Mike Messer, what we call “the talent,” in an encore rendition of the musical legal ethics seminar, “Ethics Rock Extreme,” lyrics by yours truly, musical stylings by Mike, on the guitar. Then it’s back to D.C. by air on Saturday, if I’m lucky. If I’m not lucky, I’ll be taking the New Jersey bar exam in the Spring…

I have no idea how or whether I’ll be able to keep Ethics Alarms on track once I board the train this afternoon. I’m not going to launch a second Open Forum in leas than a week, so please keep working on the current one here, now at 130 entries and counting. I will be reviewing those on the road, and I’m sure there will be some Comments of the Day to post, eventually.

2. In case I am trapped in New Jersey…Let me alert everyone that Peter Jackson’s apparently terrific (based on the reviews) WWI documentary “They Shall Not Grow Old” will be playing in theaters on December 27, and after that, who knows? The American public’s ignorance about that war, perhaps the greatest human catastrophe in modern history, is a failure of education, perspective and culture. If you have kids, take them. Here is the trailer:

3. Speaking of cultural literacy and movies, TCM is offering a limited engagement in theaters for “The Wizard of Oz,” on January 27, 29, and 30.

Is there another film that so many people purport to know and love so well without actually having seen it as it was intended to be seen? When I finally saw the movie in a theater—no breaks or commercials, big screen—I was shocked at how different and, obviously, better, the experience was. It’s an artistic masterpiece and sui generis: we will never see its like again, nor talents like Judy, Ray and Burt, among others. Continue reading →

Morning Ethics Warm-Up, 12/20/18: I Promise, I’m Looking Hard For Uplifting Ethics Stories For The Holidays. And Failing….

/ Jack Marshall / 32 Comments

Good morning!

(If I don’t get the lights on the tree  today, I’m hurling myself into a pit of rabid reindeer…)

1. Open Forum report: Another intense, varied, and impressive performance by the Ethics Alarms crew in my absence yesterday. 23 different commenters raised and debated the following issues, many of which I haven’t touched yet, because I am wholly inadequate to my task. Among them:

  • The ethics of fighting a specious criminal charge,
  • Texas’ school districts for making employees sign a pledge not to boycott or advocate against Israel?
  • The bump stock ban
  • The plea deal of Jacob Walter Anderson
  • “The Innocent Man”
  • The Xmas package-snatcher trap.
  •  Stepha Velednitsky
  • “Without Precedent: Chief Justice John Marshall and His Times” by Joel Richard Paul.
  • The yellow vest protests and the meager US coverage of them
  • Prada Monkey
  • Trump’s decision to  pull out of Syria

2.  Favorite dishonest and manipulative note out of many in the 12/18  Times:   Reporters Carl Hulse and Julie Davis write in“Tennessee Senator, A Proven Deal-Maker, Won’t Seek Re-election”…

Senator Lamar Alexander, Republican of Tennessee and one of the last bridges to bipartisanship in the Senate, announced on Monday that he would not seek re-election in 2020…His decision to leave is more evidence that Washington has become less attractive to legislators interested in steering a middle course on seemingly intractable issues such as education and health care….

Fake news, and deliberate distortion. In fact, Alexander’s decision may have nothing to do with the job becoming “less attractive to legislators interested in steering a middle course,” and his own words, meaning his own stated reason for leaving, don’t suggest that at all. Alexander is 78. In 2020, he would be 80, meaning that by the end of a new term he would be 86, or sick, or dead. “I’ve had my turn,”  Alexander is quoted as saying. “Everything comes to an end sometime, and it is good to know when that should be.” He also said that he wants to leave the Senate “at the top of my game.”

The current U.S. news media is untrustworthy, dishonest, incompetent and despicable, and frankly, I am beginning to regard anyone who continues to deny this the same way. Continue reading →

Popehat Nails Dershowitz For Misrepresenting The Law

/ Jack Marshall / 41 Comments

Ken White of Popehat comes out guns blazing to take celebrity lawyer Alan Dershowitz down for misrepresenting the law in several of his increasingly frequent media appearances. Ken nails his target, too. Even the former prosecutor’s characterization that Dershowitz is lying is not excessive or unfair.

You need to read the whole post, for it is superb, thorough and airtight. Here is a precis, however, in Ken’s words, not mine.

The subject of Professor Dershowitz’s dishonesty — for the purpose of this essay — is General Michael Flynn’s lies to FBI agents and his subsequent guilty plea for lying under 18 U.S.C. section 1001. Professor Dershowitz has asserted, repeatedly, that Flynn did not violate Section 1001 because his lies were not “material” — that is, meaningful. He claims that the lies were not “material” because the FBI knew at the time Flynn was lying, and was not fooled…

Dershowitz has promoted the same point explicitly in writing:

When questioning any suspect, officials should not ask questions whose answers they already know, for the sole purpose of seeing whether the suspect will lie. If they do ask such questions, untruthful answers should not be deemed “material” to the investigation, because the FBI already knew the truth.

This is a perfectly arguable statement of what the law should be. But someone reading Dershowitz’s column could be forgiven for thinking that’s what the law is — or, at least, that the law is unsettled on the point. The essay utterly fails to divulge that every court to consider the argument has rejected it….

I am not aware of any cases construing Section 1001 that go the other way. Nor is there any credible indication that the United States Supreme Court would go the other way and decide that a false statement to the government does not violate Section 1001 if the government already knows that it is false. To the contrary, the Court has signaled that it would reject that argument…

n short, there is no credible argument that Alan Dershowitz’s repeated assertion is a correct statement of the law. It would be malpractice to advise a client that way. It would be deceitful to tell students. And it’s dishonest to tell the nation without telling them that this is your theory of what the law should be, without revealing what the law is. Advocates push the boundaries of the law. They ought to. But honest advocacy doesn’t involve lying about the current state of the law. Indeed, lawyers have an ethical obligation to reveal contrary authority when arguing in court, and judges will burn you down to the ground if you don’t. I would argue that legal experts — who trade on their reputation for knowing what the law is — have a similar ethical obligation to reveal when existing law flatly contradicts what they are arguing.

Continue reading →

Ethics Hero: Artist Shepard Fairey

/ Jack Marshall / 26 Comments

Wait a minute…doesn’t Ava look a bit like Tojo?

I’m so tempted to post this story as a late response to my virtue-signaling Facebook friend who fatuously argued that political correctness was just about “not being an asshole.” this is, of course, another example of partisans using denial to avoid facing inconvenient facts.

Because some delicate flowers complained that the mural above, by artist Beau Stanton, offended them and made them feel unsafe because the rays emanating from the head—of actress Ava Gardner, for God’s sake— reminded them of the Japanese imperial battle flag, the L.A. school district agreed to paint over it. The mural is located at the Robert F. Kennedy Community Schools in Koreatown, which is part of the Los Angeles Unified School District. Koreans have not forgiven Japan for its atrocities during World War II, which is understandable. Projecting that on a mural portraying Ava Garder is not.

The school district’s senior regional administrator, Roberto Martinez, compared the Stanton mural to Confederate statues and argues that the value of the art doesn’t outweigh the “offense” to people. Pssst…Facebook friend! He’s the asshole! He’s also too dumb and biased to be a trustworthy educator!

Now artist Shepard Fairey, who painted THIS mural… Continue reading →