Instagram Busts A Lawyer’s Lie

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 →

Ethics Dunces: Jeremy Lam And The Cultural Appropriation Police

Utah high school student Keziah Daum posted a picture of herself looking lovely in a prom dress, and thanks to the warped values and cracked ethics of a young social justice warrior tweeter named Jeremy Lam, was set upon by the social media Furies.

Here is the tweet:

The tweet received 179 THOUSAND likes, and was retweeted 60 thousand times. Yes, a young woman going to her high school prom was condemned by all those strangers for liking and wearing an Asian-themed dress.

I don’t know what broken-chromosome mutation of progressive thought creates Americans like Jeremy—who is living in our culture, which is an amalgam of all cultures, but better—but the fact that he could attract such support with his divisive, segregated version of what our society should be is one more sign that the hard-Left is getting more anti-American by the hour. David French nicely puts this episode in perspective:

“Just so we’re clear, the radical progressive position is (1) America’s borders should be flung wide open to people from every culture in the world; (2) when American white people encounter people from those hundreds of different cultures, they need to stay in their lane; and (3) white people staying as white as possible will help our nation totally unify and diversity will be our strength.”

That’s about right. Kaziah Daum is the victim of racism here. Reasonably for someone unfairly thrust into the culture wars without justification or warning, she responded that she wasn’t trying to upset anyone; she just thought it was a pretty dress. The rest of  us, French suggests, need to be more assertive: Continue reading →

Morning Ethics Warm-Up, 5/2/18: Dictators, Wizards, Liars and Abusers [Updated]

Good morning!

1 Housekeeping matters. For some reason, I know not what, there was an outbreak of contentious discussion regarding Ethics Alarms administration in a couple of threads yesterday. I think everything covered or complained about is covered in the Comment Policies above, but just for the record:

  • I handle the moderation here. Only me.
  • Though it might appear otherwise to some, I do not spend my day glued to Ethics Alarms. Thus on days like yesterday, when I had an early morning CLE session to teach in D.C., followed by one  law firm client emergency after another, I did not see any comments at all from 1am to 6 pm. Thus the hysterical and indignant “Why did you delete my comment?” outbursts and the “How dare you allow that rude comment to stay on the site?” and the ultimata springing therefrom were especially silly, unfair, and ill-informed.
  • I am not your Moderation Monkey. Don’t command me on how to police my own site. Thank you.
  • As I have written many times, occasionally a comment from an approved participant gets spammed for no good reason. Sometimes WordPress, for no apparent provocation, starts spamming the comments of visitors here who have been commenting for years. Sometimes such commenters have had to change their screen names as a result. None of this has anything to do with me: I can’t control it, or predict it. The calm, reasonable commenters faced with this crisis generally e-mail me, then I search the spam archives, find the lost post, send it to moderation, and approve it.
  • I do not delete posts from approved commenters. The exception is when I ban a commenter permanently, or give one a time out, which is a temporary ban or suspension, in which case the commenter is always warned in advance.
  • I expect discourse here to be civil, but will excuse momentary and periodic lapses and outbursts from veteran commenters (and me, of course), in direct proportion to their time here, level of participation and constructive value to the mission. Individual quirks will also be taken into consideration.

2. Remembering the David Manning Liar of the Month: A commenter who hails from the old Ethics Scoreboard days recently referenced the feature there called the David Manning Liar of the Month. A David Manning-style lie is a statement that the speaker or writer can’t possibly expect anyone to  believe, thus raising the question of whether it is a lie at all. (Sony spawned the award by excusing its use of a fake film reviewer it named David Manning to rave about terrible movies in ads,  claiming that nobody believed such excerpts anyway.) If Ethics Alarms had the same feature, President Trump would obviously dominate it, as I was reminded this morning. The President’s ex-physician, Dr. Harold Bornstein. bitter over his ejection from the Trump Court, revealed that Trump himself had dictated the absurd letter in which the doctor attested, Continue reading →

Stelter, Wolf, And The Mainstream News Media Unmasked

NBC says that many journalists at the White House Correspondents Dinner were embarrassed and angry about her ugly attacks on the President, his family, and his staff, as you can plainly see from the reaction of the guests to the comic after her performance….

Observations on an ethics fiasco:

1.  I can’t decide if I regret not writing about Brian Stelter’s self-rebutting, smoking gun screed  excoriating the President for not attending the annual White House Correspondents Dinner before the dinner took place, as was my original intention. It looks even more ridiculous after the dinner, which, as even a fool could have predicted, was a festival of Trump-hate. One reason I didn’t write it earlier was that I had written essentially the same post earlier this month,  after two Washington Post writers criticized the President for not throwing out the ceremonial first pitch when the Washington Nationals opened their season. I wrote in part,

Boy, you can’t get much more intellectually dishonest than this. Gee, why wouldn’t the President subject himself to loud, open-air jeering from the majority of a crowd of 40,000, a demonstration of contempt that would be played over and over on CNN, MSNBC,  NBC, CBS and ABC, with mocking commentary? What a puzzlement! I have no theories, do you?… Boy, I cannot imagine why President Trump wouldn’t be eager to walk into this trap. The dishonest authors of the Post article,

They want to see the President embarrassed, and are disappointed that he isn’t so foolish as to allow himself to be…

Well, I was wrong. You can get more intellectually dishonest, and CNN’s hack media critic, Brian Stelter, was just the man for the job.  In an essay that managed to pretend that the journalists at the event, including him, hadn’t spent three years denigrating and ridiculing Trump personally and 18 months trying spin the news to drive him out of office, he wrote in part,

Presidents don’t always want to show up and tell jokes and socialize with the press corps, but until now it’s been a part of the job in the modern media age.

“Historically presidents have felt that it’s important to send the signals, both to Americans and to the rest of the world, that they support this sort of quintessential part of American democracy, the First Amendment,” correspondents association president Margaret Talev said on CNN Saturday morning.

Trump evidently believes it’s politically advantageous to snub the affair and hold a rally instead. “Big crowd tonight, will be live on T.V.,” he tweeted on Saturday morning.

Well, he certainly doesn’t believe it’s politically advantageous to walk into an event where he has a target on his back, and have to sit quietly with a forced smile while everyone laughs as he is humiliated and insulted. Until now, it has been part of the job of journalists covering a presidency in any age to display a base level of respect for the man in the office, because he is in the office. Before Trump, journalists could be expected to treat Presidents with respect at least for a single night. Not now. Who would not assume that last night’s dinner would be a Trump-bashing orgy whether he attended or not? Is Brian Stelter unethical beyond belief, or is he just stupid? I have frequently wondered, and his article made me wonder more. The President isn’t doing his job by not allowing vicious and unethical journalists to undermine him in a public display of contempt? I am grateful to the President for avoid such an embarrassment for the office and the nation.

As for Taley, whom we will hear more of later, what self-serving crap.  The news media has disgraced itself and its mission, and neither President Trump nor any American citizen should support the way today’s journalists abuse their special status. Trump would be a hypocrite to help corrupt and biased journalists celebrate their poisoned craft, and to applaud while they pat themselves on the backs for misinforming, inflaming and dividing the American public.

2. Then came the actual dinner, and it was worse than even Trump could have imagined. Gee, Brian,  now what do you say? Were you shocked? Really? You couldn’t see this coming? Can you see now that the President was wise—not that it took any great feat of analysis, though it was obviously beyond your meager intellect— not to force Americans like me—you know, those who respect the office and still are stirred when they hear “Hail to the Chief” no matter who the Chief is—to see the office denigrated and insulted while arrogant, entitled, ink-stained wretches guffawed? He had a duty not to attend. Do you understand now?

3. As I noted in yesterday’s warm-up, the hired entertainment, deliberately recruited from the cabal of anti-Trump cable and network comedy shows, delivered as she was expected to, and was uniformly vile, even to the members of the White House staff who were the journalist’s guests. The representative Ethics Dunce for the fiasco was Bloomberg correspondent and president of the association Margaret Talev, who dropped one astoundingly disingenuous statement after another to rationalize it.

“My goal in putting together last night’s dinner was to unify the room and the country around journalism and the First Amendment, and I shared what I believe about those subjects in my own remarks,” she said at one point. Yeah, having the President of the United States called a pussy, a Nazi, a racist, a misogynist,  xenophobic,  unstable, incompetent and impotent is obviously the way to do that. After Michelle Wolf’s ugly act was widely panned, Talev said,

“The association, by tradition, does not preview or censor the entertainer’s remarks. Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Ugh: Continue reading →

Morning Ethics Warm-Up, 4/29/18: White House Correspondents Dinner Edition (And Other Things…)

 

Good Morning!

1 The RedState purge.  Salem Media, the conservative website RedState’s owner, froze the site and fired many of its most read and respected writers, all of whom were distinguished by one other common feature: they are all NeverTrumpers, conservatives who revile the current POTUS almost as vehemently as the Left’s mainstream media.

I view this decision as a declaration of war of sorts, or perhaps an assertion that a war is already going on. The Democrats, progressives, the news media and “the resistance” have been trying to unseat the President of the United States by “any means necessary,” a strategy that not only every conservative but every responsible citizen ought to oppose as the dangerous and undemocratic strategy it is. The dilemma is that NeverTrumpers’ anti-Trump bias not only makes them less than effective in opposing this unethical plot, it arguably makes them accessories to it.

Salem’s action is depressing but significant. It is one more indication that the news media, new and old, is dividing down rigid ideological lines while embracing political agendas rather than ethical journalism’s traditional mission. There is a place for fighting “the resistance,” but objective journalism shouldn’t have to censor dissent to play its part. Its part is to report the truth. Actions, however, have equal and opposite reactions, and as the media on the Left, which is to say most of the media, openly and  unapologetically indulges its Trump Hate, confident that its market will approve (thus making the abandonment of fairness and responsibility profitable), the polarization of whatever news media remains becomes inevitable.

This is not good for journalism, punditry, the nation or democracy, but I don’t know what can halt it now.

2. Terrible…but kind of funny, you have to admit. More than half the paintings owned by a small art museum in Elne, France, 82 of its 140 works, are fakes.  “It’s a catastrophe,”  said Yves Barniol, the mayor of Elne, near the Spanish border. Ya think? Over $170,000 was paid out by the museum for the phony artworks—not a lot by art museum standards, but when most of your collection are forgeries, there’s an open question why anyone would trust such a museum again.

Dishonesty and incompetence are a destructive combination. Continue reading →

Wow! MSNBC’s Joy Reid May Have Given Us The Biggest Jumbo Ever!

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.”

To be blunt but accurate, she was lying. Continue reading →

“Gotcha!” Ethics (Or The Absence There-Of): The Solicitor General Misspeaks

“Boy, what an idiot!”

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 →

When Ethics Alarms Don’t Ring: “The Life of Slaves: A Balanced View”

A history teacher at the Great Hearts Monte Vista Charter School (in San Antonio, Texas) distributed an assignment consisting of a worksheet titled “The Life of Slaves: A Balanced View”  to eighth graders. The idea was for student to list the positive and negative aspects of slavery.  After parent Roberto Livar posted to social media the worksheet his son Manu brought home to complete, the teacher was placed on leave and the school said it would audit the textbook associated with the lesson.  Aaron Kindel, the superintendent of Great Hearts Texas, which operates 28 public charter schools in that state and Arizona, said in a statement posted on the Great Hearts Facebook page, “To be clear, there is no debate about slavery. It is immoral and a crime against humanity.”   He said the school’s headmaster plans will explain the mistake to the history class.

I can’t wait to hear what that explanation is. How does any American living in the 21st Century not flinch at a title like “The Life of Slaves: A Balanced View”? It sounds like a joke, in fact: there is a whole genre of galley slave cartoons that rely on the idea that there is anything positive about being a slave is inherently ridiculous. (“It’s not a paid position but I’m gaining invaluable experience in the rowing sector!”). Yes, this teacher is incompetent, and leave is too good for him (or her). If you can’t trust a teacher not to hand out something that stupid, what else might be handed out? Hand grenades? “What Happened”?

Sadly, Mr. Livar couldn’t maintain the high ground, and had to say this:

“We are fully aware that there is a concerted effort by the far-right nationally to reframe slavery as being ‘not that bad’ and trying to revise the Civil War as being about ‘states rights’ and not about slavery. We were concerned that this assignment fell in line with that ideology and were naturally concerned, as well as other parents. These issues are not isolated to one school or one book. These issues are systemic and continue up the chain all the way to the Texas School Board of Education.”

He also said this likely happened because the school is short on diversity.

No, it happened because someone mistakenly hired an idiot as a teacher. Continue reading →

Morning Ethics Warm-Up, 4/24/18: Jarrar And The Kardashians

Good morning, everyone!

1 Something stupid. I haven’t written about the Kardashians for a long time, unless you count Kanye West, but he has a legitimate claim to celebrity and the fact that he’s married to Kim K. is more or less a footnote. This morning, checking some cyanide out at the CVS, I saw this cover by the register:

Quick, now: why would it be smart and profitable to put this story on the front of a tabloid magazine? Who is Khloe Kardashian (normally I would try to find a way to get that accent over the “e” but it just isn’t worth it) and why would anyone on God’s green earth care about what she’s doing or what someone else is doing to her?

This woman is the youngest of the original Kardashian sisters, all of whom achieved fame-via-reality show after Kim’s sex tape was released and she gained fame for the size and shape of her butt. I’m not kidding. That’s it. That’s the whole basis for the culture’s love affair with the Kardashians,  and the reality show that introduced ugly duckling heavyish for a professional slut family youngest sister Khloe to America began in 2007, eleven full years ago. And what has Khloe, who is no longer heavy, or recognizable, and that was worth a book and a spin-off reality show—done since then to make her adventures worthy of the time you would normally use to alphabetize your sock drawer?  Absolutely nothing, other than appearing on TV with her weird, venal, narcissistic family, and being rich due to no fault of her won. (Her late father was one of O.J.’s cronies, played by David Shwimmer —“Ross” in “Friends”— in the O.J. miniseries, and her mother is a successful Hollywood hustler.) Here is the full extent of her societal worth, courtesy of the ridiculously long Wikipedia entry:

On September 27, 2009, Kardashian married NBA basketball player Lamar Odom, who was a member of the Los Angeles Lakers at the time. The couple were married exactly one month after they met at a party for Odom’s teammate Metta World Peace. Following her marriage, Kardashian removed her middle name to include her married surname, becoming Khloé Kardashian Odom. Kardashian adopted a pet boxer named Bernard “BHops” Hopkins, after the famous boxer.

On December 13, 2013, after months of speculated separation, Kardashian filed for divorce from Odom and for legal restoration of her last name.[43] Divorce papers were signed by both parties in July 2015; however, the divorce had yet to receive final approval from a judge. In October 2015, Odom was hospitalized after being found unconscious in a Nevada brothel, and was in a coma for four days; as he lay in a hospital, Kardashian withdrew her pending divorce petition. In an interview with People Magazine, Kardashian confirmed that they had not reconciled and the divorce had been withdrawn so that she might make medical decisions on Odom’s behalf.Kardashian and Odom’s divorce was finalized in December 2016.

Kardashian is currently in a relationship with basketball player Tristan Thompson. The couple reside in Cleveland, Ohio.In December 2017, she announced they were expecting their first child together.  In March 2018, Kardashian revealed she would have a girl. On April 12, 2018, Kardashian gave birth to their daughter, True Thompson. He cheated on Khloe Kardashian with other girls leading to him being inactive on social media at Khloe Kardashian’s wishes.

This does not speak well of the culture, American society, its values or its prospects.  My father’s generation was enthralled by the family dramas and controversies surrounding pubic figures like Charles Lindbergh, who, after all, accomplished something and displayed useful and admirable values in doing so.  His generation and the precedding one did have a soft spot for robbers like Dillinger, Bonny and Clyde and before them, Jesse James, but that was because they were styled as latter day Robin Hoods. At least robbing the rich to give to the poor is something. Actors, actresses and sports heroes have always been popular culture icons, but they were famous for their art and achievements, not just for showing up, or worse, showing up and acting like an idiot.  Imagine Babe Ruth being idolized because of fame bestowed on him solely based on his gluttony, promiscuity and drunkenness. That’s where we appear to be now. There really are tweens out there who will announce that they want to grow up to be like one of the six or seven—I don’t know where to put the former Bruce Jenner—Kardashian girls. Parents should lock them in a high tower like Rapunzel, but they won’t, because they probably hope their daughters grow up to be like Kim, Kourtney, Kendall, Khloe aand whatever that the other ones are named…Katmandu? Kalamazoo?

How can ethics survive in a culture like that? What am I doing? Continue reading →

Morning Ethics Warm-Up, 4/24/18: Presidents, PETA, Privilege, Penn State And Pedophiles

Good Morning.

It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…

1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.

[Pointer: valkygirrl]

If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any  more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”

2.    And this has to do with “collusion” how?  The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with  links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the  fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.

[Pointer: philk57] Continue reading →