Ethics Dunces

Was Charlie Rose’s “Apology” The Worst Of All?

/ Jack Marshall / 20 Comments

I’m thinking about it.

Harvey Weinstein, you recall, announced that he would devote himself to crushing the NRA. Analysis: Desperate deflection and virtue-signalling.

Kevin Spacey decided to finally announce that he was gay. Analysis: Appeal for support and sympathy from a minority group he had spurned for decades

Bill O’Reilly continues to insist that he never did anything wrong, and that it was all a partisan hit job. Analysis: Deny, deny, deny.

Louis C.K. explained that he misread signals—as if there is any signal from a woman that says, “I want to see a chubby, homely, middles aged guy masturbate nude.” Analysis: Ridiculous and pathetic.

George H.W. Bush sought sympathy—he’s old and in a wheelchair—and anyway, it was all in good fun. Analysis: Generational ignorance

Al Franken gave an apology that said that female accusers should be believed, though he didn’t agree with his female accusers account, and that there was no excuse for his conduct, though he was just joking and jokes sometimes look bad in retrospect. Analysis: Cynical double-talk

One common thread that cannot be missed is that all of these men are assholes. Their words brand them as such. This figures, since only assholes harass women in the workplace, or anywhere else. I think this is why Charlie Rose’s statement angers me so much, specifically when he said,

“I have learned a great deal as a result of these events, and I hope others will too. All of us, including me, are coming to a newer and deeper recognition of the pain caused by conduct in the past, and have come to a profound new respect for women and their lives.”

Don’t drag me into this, Rose, or any of the millions of men who always treat women as equals, respectfully, and fairly, both socially and professionally. I don’t need any “newer and deeper” recognition, you fecal creep, that putting hands on women’s upper thighs uninvited, parading naked, groping butts, making lewd phone calls  to co-workers and making young interns watch sexually explicit films are all unambiguously wrong and intolerable. I didn’t need it 40 years ago, and I don’t now. Continue reading →

Morning Ethics Warm-Up, 11/22/17: Uber, Thanksgiving Hate, Accountability, Trump’s Unavoidable Choice, And Ruing The Day That Changed Everything

/ Jack Marshall / 14 Comments

Good Morning.

…But 54 years ago it seemed like a beautiful morning in Dealey Plaza…

1 “President Kennedy is dead…” I heard those word over my little black transistor radio that I mostly used to listen to Red Sox games. Let’s see how many news stories take note of the historical significance of today: the anniversary of the assassination of President John Fitzgerald Kennedy in Dallas. It is the date when a disturbed crypto-Communist radical took the fate and future of an entire nation and culture in his hands, and squeezed them to pulp—one of the three or four most unethical acts in U.S. history. As readers here know, I am not a Jack Kennedy admirer. Nonetheless, in “Back to the Future II” terms, it’s impossible to imagine what 2017 America would be like had Lee Harvey Oswald not shot the top of JFK’s head off in 1963, but it’s easy to imagine that we would be better. The assassination created a violent shift in the time/space continuum, and we never got back on track.

2. Bye-Bye Uber, you’re also dead to me. Uber is untrustworthy and unethical, and anyone who trusts the company going forward is a fool as well as an enabler of corporate misconduct. This is signature significance: the company revealed that hackers stole 57 million driver and rider accounts last year, yet Uber withheld that fact from the public until now after paying a $100,000 ransom to the hackers. Ethical, competent, trustworthy companies don’t operate this way.

It wasn’t just the company’s juvenile and piggish former CEO and co-founder Travis Kalanick. The company he created inherited his ethical deficits like a lethal gene. Any company is obligated to reveal hacks of personal data to members of the public who might be harmed by them immediately.

If you use Uber after this, you’re an idiot. You’re also sending the message that an epic breach of trust by a corporation will be shrugged off via one or twenty rationalizations, like 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

Keep sending that message, and pretty soon they’ll be using 1. The Golden Rationalization, or “Everybody does it.”

3. More Tales of the Anti-Trump Deranged: This essay in the virulent Trump-hating CG is meant humorously, but also is serious in its nastiness. Joe Berkowitz’s call to good little resistance members and Hillary bitter-enders to “ruin thanksgiving” as their “civic duty” stands as a self-indictment of the ugly, divisive mindset that so much of the Left has descended into over the past year. In fact, with just a few tweaks, it could have been written by a conservative satirist—if there were such things.

One aspect of Trump’s election turning the U.S. into a “Nation of Assholes” that I did not see coming was progressives and Democrats feeling liberated to go full-asshole themselves. This article shows the phenomenon. In particular, Berkowitz demonstrates how the Left can no longer distinguish between legitimate policy disagreements and what should be a matter of non-partisan consensus. His argument for using Thanksgiving to punish Trump supporting relatives by turning a celebration of faith and family into a table-top Gettysburg goes like this:

They can’t stand idly by while President Deals tramples every other American tradition and yet somehow expect that Thanksgiving will be normal too. [Note: Supporting the elected President is one of those traditions, and a crucial one.]…Here are a few suggestions for how to ruin Thanksgiving, arranged by ascending order of righteous fury:

Don’t show up. For some parents, your absence will speak louder than any sodden arguments over the density of pumpkin pie. If you can’t even look them in the eye, they’ll know you mean business. [Note: Is he joking? I know many families who are eschewing family gatherings for exactly this reason. Yes, I put most of this on the Angry Left and Barack Obama, aided and abetted by late night TV comics and the news media. They have set out to divide the nation by race, gender, age, class and party, seeking to build metaphorical walls where once there were divisions that could be forgotten or ignored during recreation and the shared commonality of citizenship. .]

Show up and be kind of an asshole. No hugs; only stiff, formal handshakes. During the football game, talk about police brutality nonstop. Take any opportunity to emphasize just how much Bruce Springsteen and the entire E Street band loathes Trump….[Note: See?]

Scorched Earth. Not even a handshake; just stare, disgustedly, at their outstretched arms….[Note: Among the  inarguable outrages that the essayist claims justifies such treatment: not supporting an increase in the minimum wage, refusing to uncritically accept climate change propaganda, and the President speaking “almost exclusively in racist dog whistles and ‘locker room talk.'” You know, racist dogwhistles like opposing the tearing down statues of Robert E. Lee,  correctly stating that a white nationalist group has the same rights to assemble and protest as anyone else without being attacked,  or objecting to NFL players inflicting an incoherent protest on their captive audience. ]

I was asked for ethics advice regarding looming political disputes during Thanksgiving, and here it is: It is rude and unkind to raise a topic you know is emotional and painful for people at the table. So don’t do it, just as you wouldn’t (I hope) deliberately raise such topics as Cousin Cecile’s abortion, Jim Jr.’s arrest, or Uncle Ethan’s IRS problems. Continue reading →

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

/ Jack Marshall / 8 Comments

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading →

Morning Ethics Warm-Up, 11/21/17: Dead Ethics Alarms All Over, And This Just In…Ana Navarro Is Still Stupid

/ Jack Marshall / 18 Comments

Good Morning, all!

1 Dead Ethics Alarms on the Hill. Just as I cannot conceive of what kind of ethics alarm malfunction allows any man to think that parading his reproductive organs before unconsenting women in a work-related setting is anything but gross and wrong (Charlie Rose???), I cannot comprehend by what tortured logic an elected member of Congress reaches the conclusion that I should pay for his sexual harassment hobby. The latter is the height of arrogance and abuse of the public trust. Yet the Washington Post reported that Congress’s Office of Compliance paid out $17 million for 264 settlements with federal employees over the past 20 years for various violations, including sexual harassment, and now we have at least one name and specifics: John Conyers, the ranking member of the House Committee on the Judiciary. Perfect.

From Buzzfeed:

Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sex acts, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic….The woman who settled with Conyers launched the complaint with the Office of Compliance in 2014, alleging she was fired for refusing his sexual advances, and ended up facing a daunting process that ended with a confidentiality agreement in exchange for a settlement of more than $27,000. Her settlement, however, came from Conyers’ office budget rather than the designated fund for settlements.

Well, this section of the Harvey Weinstein Ethics Train Wreck is doing some good, by throwing some light on this unethical practice. Congressional sexual harassers need to pay their hush money out of their own pockets. That’s the least they can do.

2.  Live from New York! It’s Double Standards Live! Although Saturday Night Live did have the integrity to mock alum Al Franken following the Senator’s sexual harassment accusations regarding his conduct when he was just an obnoxious comic, 36 SNL staffers, including original cast members Lorraine  Newman and Jane Curtin, felt it was appropriate to release this letter:

SNL Women Offer Solidarity in Support of Al Franken

We feel compelled to stand up for Al Franken, whom we have all had the pleasure of working with over the years on Saturday Night Live (SNL). What Al did was stupid and foolish, and we think it was appropriate for him to apologize to Ms Tweeden, and to the public. In our experience, we know Al as a devoted and dedicated family man, a wonderful comedic performer, and an honorable public servant. That is why we are moved to quickly and directly affirm that after years of working with him, we would like to acknowledge that not one of us ever experienced any inappropriate behavior; and mention our sincere appreciation that he treated each of us with the utmost respect and regard.

We send our support and gratitude to Al and his family this Thanksgiving and holiday season.

Ugh. This is blatant Ethics Accounting, as if the fact that Al was fun to work with has anything to do with his misconduct, or mitigates it in any way:

21. Ethics Accounting, or “I’ve earned this”/ “I made up for that”. You cannot earn the right to act unethically by depositing a lot of ethical deeds in the imaginary ethics bank, nor can unethical conduct be erased by doing good for someone else. The illusion that one can balance the ethics books this way is referred to on the Ethics Alarms blog as “the Ruddigore Fallacy.”  Nobody earns the right to be unethical, not even once, no matter how exemplary their conduct. An unethical act is just as unethical, whether it is performed by a saint, a hero, or a villain.

Even more ridiculous is the “he never harassed me!” bit. This is reminiscent of Greta Van Susterin’s embarrassing defense of Roger Ailes, where she “stood up for” her boss and cast skepticism on his accusers because Greta had never been abused. The SNL letter drips with similar skepticism and bias. It is “appropriate” for Al to have apologized—never mind that the apology itself stunk on ice—and Al’s conduct may have been “stupid and foolish,” but come on, it wasn’t the worst thing.

What does standing up “in solidarity” mean, when it is in support of an accused harasser? It means “we don’t believe the victim, and anyway, we like the accused sufficiently that we will give him a pass.” I’m just guessing here, but I bet there are many, many women Harvey Weinstein worked with that he never molested, and that Louis C.K. hasn’t masturbated in front of every women he ever encountered. Those lucky women should sign a letter.

3. ” Gee, you mean I really have to pay it back?” In 19 states, government agencies can seize state-issued professional licenses from residents who default on their educational debts, while South Dakota suspends driver’s licenses for the same provocation.  The tone of the New York Times article on the topic is disapproving, even though seven of the 19 states don’t use the laws that allow such suspensions, and the others mostly employ them as threats to get deadbeats to take their responsibilities seriously. Nobody in any of the states loses a license who sets up a payment schedule. Continue reading →

Morning Ethics Warm-Up, 11/20/17: Harvard Hypocrisy, Homely Actors, Horrible Apologies, And The Head Of Apple’s Diversity Program Lands On A Pike

/ Jack Marshall / 25 Comments

Good Morning.

1 And The Harvey Weinstein Ethics Train Wreck rolls on…The Harvey Express ran over several more notables in various ways last week (like Lena Dunham…). Although Senator Al Franken got most of the publicity. One was actor Jeffrey Tambor, the long-time character actor turned star of the streaming show “Transparent,” about a transgender woman. Tambor’s former assistant, eager to pick up her #MeToo brownie points even at the risk of throwing the entire “Transparent” cast and staff out of work (this is another reason why these matters are more ethically handled privately), accused the actor of lewd comments and in one case “pressing up against her.” Now Tambor, and almost certainly the hit show, are, as Jeff Flake would say. “toast.”

This weekend I crafted the apology Franken should have offered, but as bad as the one he actually offered was, it was arguably better than what Tambor came up with:

“For the past four years, I’ve had the huge privilege — and huge responsibility – of playing Maura Pfefferman, a transgender woman, in a show that I know has had an enormous, positive impact on a community that has been too long dismissed and misunderstood.

I know I haven’t always been the easiest person to work with. I can be volatile and ill-tempered, and too often I express my opinions harshly and without tact. But I have never been a predator — ever.

I am deeply sorry if any action of mine was ever misinterpreted by anyone as being sexually aggressive or if I ever offended or hurt anyone. But the fact is, for all my flaws, I am not a predator and the idea that someone might see me in that way is more distressing than I can express.”

On the Apology Scale, this combines the worst features of a #9, a “non-apology apology,” with #10, an “insincere and dishonest apology,” with some other obnoxious features thrown in for bad taste.  Tambor begins by patting himself on the back–-I’m the star, and it hasn’t been easy, but look at all the good I’ve done!—then moves on to Rationalization # 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

Next, he engages in deceit, stating that he’s never been a predator, which is like saying he’s never been a race car driver or an antelope. He’s accused of sexual harassment and one incident of sexual assault. What his statement amounts to a non-denial denial: “I never did what she’s accused me of doing more than once!”

Yecchh.

2. “Because sometimes they say yes…” It is no coincidence that Tambor, Franken and Weinstein all come from the performing arts world and all are very homely men. I have observed in my own theater experience that the most aggressive violators of the boundaries of restraint and decorum in interactions with women in a theatrical settings are frequently the guys who are unattractive and feel  that it they don’t take chances, they’ll die a virgin. It is astounding how aggressive some of them are, and how resilient they remain after rejection and even physical abuse. If they fail a hundred times and succeed once, that’s positive reinforcement enough. If, through talent, hard work and luck, such individuals reach a level of power in the performing arts profession, sexual harassment is an established behavior pattern that doesn’t set off their ethics alarms at all.

3. It’s NOT OK to be white? Denise Young Smith, Apple’s first vice president of diversity and inclusion and an African-American, was part of a  panel discussion on fighting racial injustice eat the One Young World Summit in Bogotá, Colombia. At one point she said,

“Diversity is the human experience. I get a little bit frustrated when diversity or the term diversity is tagged to the people of color, or the women, or the LGBT…there can be 12 white, blue-eyed, blonde men in a room and they’re going to be diverse too because they’re going to bring a different life experience and life perspective to the conversation.” 

Apple fired her, six months into her new role after 20 years successfully running Apple’s international Human Resources department. Smith did not have the integrity to stand by her words, and instead tried a desperate Pazuzu grovel, apologizing and saying that her words “were not representative of how I think about diversity.”  It didn’t work. Continue reading →

Morning Ethics Warm-Up, 11/18/17: (Part One) The Frankenmedia

/ Jack Marshall / 5 Comments

Wait, how does that go again? What is it that “dies in darkness”?

Good morning (or, as I first typed it, “good monging”), everyone!

1 CNN’s walking, talking, “mistake…CNN’s alleged ethics watchdog, Brian Stelter, is really an embarrassment. He sees his job as defending the news media, not making its conduct better through objective criticism. He especially works up a sweat defending CNN, perhaps the most rooutinely unethical of all…but then, CNN pays his salary, the fools. He’s useless.

In a podcast,, both he and CNN token conservative S.E. Cupp blamed the mean conservative media and commentators unfairly dwelling on “mistakes” to undermine public trust in journalism.  See Rationalization #19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

This is a legitimate defense if, in fact, an individual has been accused of not being perfect.  Usually, however, it is an attempt to minimize the significance of genuine misconduct. When an act suggests that more than an honest mistake or single instance of bad judgment was involved, and that an individual’s conduct indicates a broader lack of character or ethical sensitivity, “Nobody’s perfect!” and “Everybody makes mistakes!” are not only inappropriate and irrelevant, but are presumptively efforts to change the subject. The fact that nobody is perfect does not mean that it isn’t necessary and appropriate to point out unethical conduct when it occurs. It also does not argue for failing to make reasonable assumptions about the ethical instincts of the actor if and when the unethical nature of conduct strongly suggests that it is not an aberration, but a symptom.

Though nobody is perfect and everyone makes mistakes, we are all still accountable for the mistakes we make.

It’s not a mistake when CNN shows itself to be blatantly biased, it’s dishonest and a breach of integrity. It’s not a mistake when CBS, ABC and NBC refuse to report a Democratic Senator’s trial for bribery  until  it ends in a mistrial, its deliberate refusal to report the news. (CBS recently devoted 45 second to the President drinking from a water bottle.) It’s not a mistake when NBC reinstated a news anchor (Brian Williams) who was shown to have lied repeatedly, its contempt for journalism, and irresponsible. It’s not a mistake when ABC ignores basic conflict of interest principles to allow former Clinton staffer and current Clinton Foundation donor George Stephanopoulos to interview both Hillary Clinton (nice, easy interview)and the author of a book criticizing her (hostile interview), it’s incompetent journalism. Etc, meaning I could go on for, oh, 50,000 words or so without having to check my notes.

The fact that CNN lets an unqualified dolt like Stelter talk about ethics isn’t a mistake either.

When mistakes—and fake news, the description of misconceptions as facts, and bias-driven choices regarding which stories to cover and which to bury are not mistakes—by professionals reach a critical mass, they implicate trust.

2. Like THIS mistake, for example…Here, courtesy of Newsbusters, is veteran CNN journalist Gloria Borger spinning for Al Franken:

Borger …immediately went into spin mode by downplaying the fallout, stating that KABC radio host Leann Tweeden “did not call for him to step down or say he ought to step down” and didn’t render an opinion upon being told an investigation had been launched.

Gloria really needs to 1) read Ethics Alarms and 2) take Ethics 101. What a victim chooses to say about an unethical act that harmed her doesn’t alter the seriousness of the act in any way.

From there, Borger continued proving this segment as one of political tribalism, declaring that what matters most is “the context in which all of this occurring, which is Moore — Judge Moore — and that has been, you know, brewing and percolating, whatever you want to say, for days and days and days.” 

In other words, “Look over there!” This is also Ethics 1o1 stuff: Whether the conduct of individual A is better or worse, the unrelated conduct of individual B must be judged on its own ethics breaches. Borgia is appealing to Rationalization #22, “It’s not the worst thing.” (This is also the current favorite of my Facebook friends, who are embarrassing themselves. At least they aren’t posing as journalists.) Continue reading →

Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

/ Jack Marshall / 41 Comments

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
 Continue reading →

Unethical Quote Of The Month: Toni Van Pelt, President Of The National Organization for Women

/ Jack Marshall / 63 Comments

And while I’m on the subject, to hell with you and your hate group too, Wonder Woman…

“We could ask all of the men in Congress to resign, is that what you’re asking me? You know that mostly all men do this kind of thing to women. It’s like saying there’s a good airline or a good bank, saying there’s some entity out there that is not sexist. They all should resign, every man in every industry. Maybe that’s a good thing because then women can take those positions and then we’ll finally get equal pay.”

Toni Van Pelt, president of the National Organization for Women, explaining why she feels it’s useless to demand Senator Al Franken’s  resignation following credible allegations of sexual harassment and sexual assault in 2006.

Oh, nice.

You know, I don’t think I ask for too much. I just expect the champions of equality, fairness, mutual respect and civility to believe in and live by the principles they claim so indignantly and self-righteously to be fighting for. Is that an unreasonable expectation? Is it unreasonable to expect activists and advocates to hold themselves to the same standards they demand of others?

There need to be real and dire consequences for the head of NOW for making such an ugly, vicious, bigoted and hateful statement. That’s gender bias and stereotyping of the most egregious kind, and until and unless her organization retracts it, repudiates it,  and sheds this anti-male bigot from its leadership, I will not abide any of its supporters or members, and fully intend to do all I can to ensure that as many decent citizens as possible shun them as well.

Every candidate put forth by the Democratic Party, which courts NOW as part of its core constituency, needs to be read this statement and asked, yes or no, whether they endorse it or condemn it.

Under the definition of “hate group” used by the Southern Poverty Law Center— “any group with beliefs or practices that attack or malign an entire class of people”—Toni Van Pelt, speaking on behalf of her organization, has demonstrated that the National Organization for Women belongs on its list. NOW should be placed there, right next to such organized bigots as the KKK, as long Van Pelt is its leader or among its leader. Continue reading →

KABOOM! Roy Moore’s Lawyer Just Made My Head Explode. Or As He Would Say, Just Made My Head Exploded

/ Jack Marshall / 16 Comments

I hate early morning head explosions. Among other reasons, those bits of skull and brain ruin the taste of my coffee.

No, I don’t blame Trent Garman for representing a vile creepazoid like Roy Moore. Creepazoids have rights too, and should have access to trustworthy and competent counsel. My problem with Garman arises from those last four words. Lawyers as untrustworthy and incompetent as Garman, in my opinion (don’t sue me, Trent, it’s just my opinion that you’re an idiot; I can’t prove it, but I do think you did), shouldn’t be representing clients. Garman, in truth, needs to go back to the sixth grade.

Here is the letter Garman authored on Moore’s behalf. I’ll follow it with the stuff that blew my head; you don’t have to read the whole thing unless you’re into inflicting pain on yourself, like that albino monk in “The Da Vinci Code.”

If you do read the letter, you will note that Attorney Garman never learned that the possessive “its” has no apostrophe, and that he writes English like it is a second, and perhaps third, language. Here are the best, as in worst, examples of his professional writing:

 Your client’s organization has made and/or supported defaming statements. This is due to the careless and/or intentionally refused to advance the truth regarding our clients. We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.

The second statement  actually says “This is due to the careless and/or intentionally refused to advance the truth regarding our clients.” Diagram that for me. That head-scratcher is followed by “We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.”This isn’t even the worst example of Authentic Frontier Gibberish in the letter. This is:

Thus, do you know this clearly, yet significant difference which your client’s publication(s) have failed to distinguish. And the legal requirement that your client retract the stories, to include the details which clearly are false.

I can’t even decide what to bold on that one.

Disturbingly, we learn in Trent’s biography that he earned a Masters in Theology from Regent University and  translated two books of the Bible from Greek.  I can just imagine what that translation was like.

I’m not nit-picking a blog comment or a hasty tweet. Roy Moore is fighting for his professional life and reputation, and this is the best legal representation he can find? That letter is a professional product. Garrman is obligated to be competent and diligent, not to send the message far and wide that the former judge thinks that this is persuasive logic and deft prose. Do they not proofread at Garman & Liddon? Do they know what proof-reading is? Do they know what syntax, punctuation and grammar are? Coherence? Professionalism?

Shame on the Troy University and Birmingham School of Law for graduating this careless, inarticulate boob. Heck, no high school should graduate someone who can’t write a letter better than that. Shame on his high school too. Shame on his the Alabama Bar for giving him a license.(I would use words other than “shame,” just to reliev the monotony , but as I’m sure you understand, my vocabulary is affected when my brains are on the ceiling…)

The legal field’s dirty little secret is that lawyers who can’t write or articulate a coherent argument are not as rare as they should be, and they should be extinct.  Nonetheless they get fees from innocent clients who assume that these hacks are smart and skilled because they call themselves lawyers.

But Roy Moore called himself a judge, didn’t he?

Hmmmm…

Maybe this is what George Will calls “condign justice.”

______________________

Pointer: Red Ipsa Loquitur

 

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →