History

Gene Autry Misinformation Update: Believe It Or Not, It Happened Again!

/ Jack Marshall / 20 Comments
"Wild Bill" Donovan, who should have had nothing whatever to do with my ethics seminar today, but did anyway...

“Wild Bill” Donovan, who should have had nothing whatever to do with my ethics seminar today, but did anyway…

Yesterday I wrote about a lawyer in a legal ethics seminar interrupting me with a revelation about Gene Autry that was completely false.

Today I taught another legal ethics seminar, this time for a government agency. I was discussing was the various government ethics dilemmas in “Bridge of Spies,” the story of how lawyer Jim Donovan helped secure the release of downed U.S. flyer Francis Gary Powers in a famous incident during the Cold War. Many of the issues covered in my presentation were explored in this Ethics Alarms post.

As the film portrays it, Donovan, an insurance lawyer, does such a tenacious job defending an accused Soviet spy from U.S. government prosecution that the CIA recruits him to broker the trade of his now-former client, convicted and in prison, for Powers. In discussing the classic government lawyer dilemma of “who is the client?,”  I noted that the CIA agent who recruited Donovan told him that he would have no client. “Why did the CIA trust Donovan?” I asked socraticly. “Why did Donovan, an insurance lawyer, think he was qualified to engage in this kind of representation, it it was a representation?”

For the second time in nine days, an attendee piped up with an amazing piece of information.

“I suspect some of the answer to both questions is that James Donovan was the son of “Wild Bill” Donovan, who is considered the father of the Central Intelligence Agency,” he said. Continue reading →

The Washington Post’s Ethical Unethical Accurate Stupid Tone-Deaf And Dangerous Headline

/ Jack Marshall / 67 Comments
Go ahead, keep deriding "the people." Can't do any harm...

Go ahead, keep deriding “the people.” Can’t do any harm…

The big problem with the “elites” that conservatives and Trumpeteers keep demonizing is that they insist on acting and talking as if they are exactly as insolated and contemptuous of “the masses” as they are accused of being. Witness this headline on the Washington Post website, on the Wonkblog column:

Headline Post1

Talk about walking into a haymaker! This headline went viral on the conservative media and social media, with such comments as, “Know your place, peasants!” and  “Stand aside and pay attention to your betters!” As with many such incidents, the headline signals that some ethics alarms aren’t functioning in high places. How could this headline make it to the web without anyone seeing it and thinking, “Whoa! Hold it! That sure sounds like (another) call to authoritarian government, and this is the major paper in the Capital of what is supposed to be the cradle of liberty! We can print that, and if we think it, we have to be a lot more clear about what “some things” are.” What does it tell us that nobody had that thought at the Washington Post?

This is the realm of headlines, which, like internet memes and bumper stickers and Twitter posts, are not safe for expressing complex ideas, and should not be used by competent journalists to do so. Ultimately, in a representative democracy, the people do decide such things indirectly, by electing their representatives and punishing them with their votes if they don’t make decisions the public finds competent and beneficial. The Post web headline asserts an ugly and arrogant dichotomy between “the people” and what, their rulers? The intelligentsia? The aristocracy? The 1%? Journalists? Since trust in our institutions are at a dangerous low point, this is a mind-blowingly stupid thing to print, and plays directly into the hands of the anti-establishment hucksters like Trump and Bernie. Continue reading →

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

/ Jack Marshall / 14 Comments
Might be time for a new motto, Colby. On the other hand...

Might be time for a new motto, Colby. On the other hand…

Wait…you say that more than a hundred campuses have this or the equivalent?

Oh-oh.

I am scheduled to teach a legal ethics class in the avoidance of bias in the practice of law next year, and I’m already worried. Past engagements of mine on this topic have been popular with attendees, but not always appreciated by my clients. The bar associations that make such training mandatory usually want to get someone to drone on about how lawyers should love Big Politically Correct Brother and search their souls for any germ of an attitude that would make Chris Matthews say they are racist, or the President of NARAL say they are sexist, or a Black Lives Matter activist call them privileged.  In other words, these are often devised as political indoctrination courses, using “bias” as code for “non-conforming thoughts according to progressive orthodoxy.”

I can’t and won’t teach that, because it’s as wrong as it is boring. Bias includes all ideas wedged in our minds that overcome reason and prevent just, even-handed, logical and fair decision-making. Bias makes us stupid, and for lawyers, the kind of bias I’m talking about undermines justice. Ironically, what most proponents of anti-bias courses want to do is instill biases that they and their partisan allies approve of. Once that is done, the Orwellian process is complete. “Bias” then means “not accepting our biases, which aren’t biases because we believe them, and we are good.”  The rationalization involved is 14. Self-validating Virtue.

The news and ethics issues are reaching one of those crisis points for me where everything seems to be connected to everything else, and I am torn whether to write one huge, conceptual post (the ones most readers skip) or a series of single episode posts. Facebook, a topic on its own, is revealing most of my friends whom I would identify as Democrats or progressives as in the grip of a crippling cognitive bias-based malady. Why did they think it was just wonderful for so many elected officials to deliberately ignore the core Constitutional principle of due process? Why did they reflexively attack the British vote to leave the European Union as “racist” or “xenophobic” rather than recognize it as a principled reassertion of their nation’s autonomy and democratic principles? How did freedom of speech, freedom of thought, true civil rights, and democracy itself become so alien to so many supposedly intelligent and self-proclaimed liberal adults?

Don’t worry, I’m coming back to Colby. It really does come down to bad and anti-American education poisoning the culture. In an excellent though disturbing essay on the Ethics And Public Policy website, Stanley Kurtz persuasively argues that U.S. education itself has turned against liberty, resulting in an increasing majority of citizens who do not believe or accept the virtues of core American ideals.

The incident that brought my attention to the Colby Bias Incident Log, which, at Colby and elsewhere, sends a Bias Response Team into investigation mode, was one in which a student was reported for allegedly using the idiom “on the other hand.”

No, this is not a hoax. It is not a joke. And what the fact that I am writing this suggests is far from funny. It is tragic. Continue reading →

Ten Observations On The Trump Assassination Attempt

/ Jack Marshall / 17 Comments

Huey Long assassination

Perhaps you missed it? Someone tried to shoot Donald Trump. From the Associated Press:

“A British man arrested at a weekend Donald Trump rally in Las Vegas tried to grab a police officer’s gun so he could kill the presidential candidate after planning an assassination for about a year, according to authorities. U.S. Secret Service agents said Michael Steven Sandford approached a Las Vegas police officer at the campaign stop to say he wanted Trump’s autograph, but that he then tried to take the weapon.”

Observations:

1. Wow. Talk about being incompetent at your chosen avocation! This guy has been “planning an assassination for about a year” and the big plan was “try to get a police officer’s gun”?

Assassins, like everything else, just aren’t what they used to be.

2. Remember, however, that the only difference between a failed assassination attempt and a successful one is moral luck.

3. The Washington Post asks why the incident didn’t provoke more news coverage. Isn’t that a strange question to come from one of the news organizations responsible for the lack of coverage? Why doesn’t Callum Borchers just ask his own editors at the Post?

The answer seems clear to me: the news media doesn’t want any public sympathy going Trump’s way, or to give him what would amount to positive publicity. This is the double standard we are being told that we need to get used to. Does anyone want to make the case that an assassination attempt on Hillary’s life would be a multi-day story, with a repeat of the U.S. Representative Rep. Gabrielle Giffords shooting mass accusation, now holding  that Republican “hate speech” and anti-Hillary rhetoric nearly resulted in a tragedy?  Rush Limbaugh and Sarah Palin were being fingered as the reason why a deranged man went on a killing spree in Tucson. Why not blame a Trump assassination attempt on Paul Krugman or Elizabeth Warren? Or me? Continue reading →

Comment of the Day: “The Association of Former Agents of the United States Secret Service Condemns Former Agent Gary Byrne And His Clinton Exposé ‘Crisis in Character’…GOOD.”

/ Jack Marshall / 3 Comments

Bill and Monica

Like one of those characters who leaves the band of heroes mid-movie only to make a sudden return to save the day at the climax (OK, I’m thinking about Brad Dexter in “The Magnificent Seven,” and come to think of it, he gets shot), veteran Ethics Alarms pugilist Steve-O-in-NJ vanished for more than a month but came galloping back with an interesting, wide ranging, politically provocative and bitter post about the ex-Secret Service agent’s tell-all book,  its relevance to the Presidential race, my contention that an agent might have an obligation to assist a POTUS with less than savory—but legal!—activities, and when he really gets rolling, much, much more.

Here is his Comment of the Day on the post, The Association of Former Agents of the United States Secret Service Condemns Former Agent Gary Byrne And His Clinton Exposé “Crisis in Character”…GOOD.

I think the formal pledge of confidentiality was only instituted in 2000. So legally he may be ok, depending on when he left and whether the pledge was retroactive. Ethically what he is doing is pretty slimy. Unfortunately, in this campaign all bets are off, and he can probably hide behind rhetoric that casts him as a private, concerned citizen exercising his First Amendment rights to make sure that this country does not go down a VERY dangerous path with a female near-Caligula at the helm (alluding to Caligula’s random and capricious abuse of power, not his perversion) .

I have to say, the statement that they are obligated to help the President cheat on the First Lady, a la wheeling FDR to Lucy Mercer, does NOT sit well with me. The Secret Service are law enforcement officers before they are anything else, and they are officers who enforce laws against fraud and deception, i.e. counterfeiting, certain kinds of check fraud, and I think at some point they may also have worked on credit card fraud. As such they need to be doing things better and cleaner than Joe Average. They are not the President’s personal valets, chauffeurs, or manservants, and their role is not to enable the President to commit acts for personal gain or gratification that we ordinary citizens wouldn’t tolerate from ourselves or others. That’s not only setting one set of ethics for the First Family and another for the rank and file of citizens, it’s saying that officers otherwise sworn to uphold the law against fraud have to aid in those dubious ethics.

Maybe this sounds a little bit old-style Boy Scout-ish, but I couldn’t blame a Secret Service agent who told a President who was at least as concerned with chasing ass as he was with running the country that “my job is to protect you, sir, but you will not drag me into your slimy personal affairs and then tell me to keep it quiet.”

Continue reading →

Seven Facts About News Media Bias, And Yet Another Smoking Gun That Reaffirms Them

/ Jack Marshall / 31 Comments

smoking gun

Here are seven facts about mains stream news media bias. People deny them, some even sincerely, but they have been well proven over many decades. 

FACT: The U.S. mainstream news media is partisan and biased.

FACT: It is shockingly shameless about this.

FACT: The results of this bias include slanted news, withheld information, warped priorities, and discrediting new sources that cover stories thye intentionally ignore, all with the collective and intentional result of misleading the U.S. public.

FACT: This is arrogant, unfair, incompetent, unethical, and harmful to the proper functioning of democracy.

FACT: The news media employed this bias to make certain that Barack Obama was elected President in 2008, and has already made it obvious that it intends to be at least equally biased in its efforts to make certain that Donald Trump is not elected in 2016.

FACT: Among the techniques the news media employ is holding Republican candidates and elected officials to different standards than what it applies to Democratic candidates and officials.

FACT: Journalists, pundits, and Ethics Alarms readers who continue to deny that there is a mainstream media bias favoring Democrats and progressive policies are either lying, not paying attention, or in denial.

I must say, the last is very frustrating, and often infuriating. I have a good friend who really does believe that the mainstream news media is outrageously biased toward conservatives, because he is so far at the end of the ideological spectrum that everything is too far right for him. I have a business and a life-style that both compels me to follow many news sources on all sides of the political spectrum, and my profession and training requires me to work hard at achieving objective analysis. (I know I don’t always succeed.) I know my biases and preferences, and have to say that all seven of the facts I presented above are facts, not opinions, and because they describe a very dangerous situation, the fact that so many progressives refuse to acknowledge them makes me wonder if their ideology is inconsistent with basic integrity.

All American citizens should want and demand as objective, unbiased and fair a national news media as possible. We won’t get one until progressives admit that even though their President, elected officials, candidates and policies are the beneficiaries of unethical journalism, it is still wrong, still unhealthy, and still has to stop.

This is why I must salute Joe Concha, Mediaite’s thoughtful conservative reporter, for his excellent work in finding one of the most powerful smoking gun proofs of this bias I have ever seen.

Last week, Donald Trump horrified the pundit class when he announced that he was stripping The Washington Post of access to his campaign, announcing,

“Based on the incredibly inaccurate coverage and reporting of the record setting Trump campaign, we are hereby revoking the press credentials of the phony and dishonest Washington Post.”

Of course this was a petty, cowardly and anti-democratic move by Trump. I didn’t post on it because the ethics  position here on Trump is clear and immutable, and because if I covered all of the unethical things this crude, reckless idiot says and does, I’d have no time for anything else. The man has little judgment, few values, no restraint, and an arrested (at about age 10) ability to distinguish right from wrong. We know this, or should. Nobody should be surprised, and this incident should not change anyone’s opinion of him.

The news media, however, reacted to it as if Trump had leaned in to kiss a baby and bitten its head off:

The Post’s Chris Cillizza:  “Barring reporters from public events because you disagree with what they write is a dangerous precedent.”

Slate: on Trump’s decision: The revocation “marks an unprecedented escalation in his war” against media.

WaPo executive editor Marty Baron: Trump’s decision is “nothing less than a repudiation of the role of a free and independent press.”

  CNN Contributor Bakari Sellers: It was “fascism at its worst.”  Also on CNN, Sara Murray opined that Trump’s revocation of The Washington Post’s press credentials was “alarming.”

Give Concha credit. Although his own opinion of Trump’s actions were as low as those of his Trump-hating colleagues, the spark of a memory stirred. He went back into the archives. What’s this? In 2008, candidate Barack Obama kicked reporters from three papers that had endorsed Republican John McCain off his campaign plane! Continue reading →

Remembering Bob Hope

/ Jack Marshall / 23 Comments

hope and troops

I can’t blame the airport officials who voted 8 to 1 last month to eliminate Bob Hope’s name and change the airfield’s label to “Hollywood Burbank Airport.”  It was a business decision based on hard data. Hope’s name wasn’t resonating with passengers outside of Southern California, especially those east of the Colorado Rockies.

The airfield had been  rechristened to honor Hope in 2003, not long after his death at the age of 100. Yet just a bit more than a decade later, the entertainment icon whose theme song was “Thanks for the Memory” is fading from ours at record speed.  The comments on various news reports on the airport’s decision range from stunningly ignorant to disrespectful. Bob Hope deserves better. The culture will be stronger if it remembers him, and so will the nation.

I must admit, I didn’t see this coming, but I should have. The survival or disappearance of once famous figures from our cultural memory fascinates and often horrifies me. One of the definitions of culture is what a society chooses to remember and chooses to forget: these seemingly random decisions have significant long-term consequences. Occasionally there is a last-minute rescue:  just as the Treasury was preparing to remove Alexander Hamilton from the ten-dollar bill, a Broadway musical, of all things, rescued his image and re-established his cultural presence. Usually, however, once a figure drops down the memory hole, he and the public appreciation of his importance is gone, gone, gone. Forever.

The mechanics of this process are chaotic. A single movie that enters classic territory and is featured regularly on television can rescue the memory of a whole career for generations. Ray Bolger, an eccentric dancer who was never regarded as close to Fred Astaire or Gene Kelly in the hierarchy of Hollywood hoofers nonetheless remains a recognizable figure today purely on the basis of “The Wizard of Oz.” Edward G. Robinson was a famous and respected actor mostly on the strength of his gangster films, but his memory survives almost entirely due to his strange ( and strangely miscast)  role as the Hebrew villain in “The Ten Commandments.” Meanwhile, who remembers George Raft?

Hope, I now realize, despite one of the longest and most successful careers in show business history and epic stardom on radio, films, theater and T, despite being the most frequent and most successful MC for the Oscars telecast and while he was alive and regarded for 50 years as the undisputed champion of stand-up comics, has no such marker to keep his image and memory alive. Humor is famously dependent on the times and culture, and Hope’s humor and style were more so than most. He was not a physical or slapstick comedian, and his movies, with the exception of the best of his “Road” movies with Bing Crosby, were at best mildly funny. The later ones, like his films with Phyllis Diller and Lucille Ball, weren’t even that. By the 1960’s, Bob Hope’s reputation as an entertainment icon was so well-established that he didn’t really need to be funny; the fact that he was Bob Hope was enough. He was a living relic of vaudeville, radio comedy and traditional TV skits who never changed his delivery or mildly self-deprecatory yet cocky demeanor. But what was special about him? There’s little available on TV or elsewhere to let new generations in on the secret. Continue reading →

Comment of the Day: “Can Anyone Analyze The Orlando Mass Shooting Objectively?”

/ Jack Marshall / 126 Comments

gun control nation

I was thinking about re-posting an essay here from 2012, when Humble Talent, one of Ethics Alarms’ most prolific and thoughtful participants, filed this comment on today’s observations about the post-Orlando shooting. Not to be a spoiler, but this quote at the end is simply a fact:

“What I’ve settled on, and this might be defeatist, but what I’ve settled on is that this is the price we pay for freedom. 3000 gun deaths a year In a population of 350,000,000 is the cost of freedom, and objectively, it’s probably even a good trade, even if subjectively it tastes like ash.”

In 2012, I reached the same conclusion:

“The right to be free creates the opportunity to be irresponsible, and ethics is the collective cultural effort to teach ourselves, our children and our neighbors not to be irresponsible without having to be forced to be responsible at gunpoint, with the government holding the gun. I know it seems harsh and callous to say so, but I am not willing to give up on ethics—the belief that enough of us can do the right things even when we have the freedom to do the wrong things—to prevent the occasional school massacre or murder-suicide.”

We’re both right. The right to arm ourselves is at the beating heart of American democracy, and those who would eliminate it understand neither the right, nor the United States.

Here is Humble Talent’s Comment of the Day on the post, “Can Anyone Analyze The Orlando Mass Shooting Objectively?”

I’m so… tired. I called it… I called it all: Terrorist attack on American soil, big, guns, Trump’s gamble paid, Islam, ISIS, Allahu Akbar, gay people targeted for being gay. I’ve never been so depressed at being so right. Continue reading →

Ethical Quote Of The Day—D-Day, That Is : Gen. Dwight D. Eisenhower, Supreme Allied Commander

/ Jack Marshall / 21 Comments

dday_landing

“Our landings have failed and I have withdrawn the troops. My decision to attack at this time and place was based on the best information available. The troops, the air and the Navy did all that bravery could do. If any blame or fault attaches to the attempt it is mine alone.”

—–Gen. Dwight D. Eisenhower, Supreme Allied Commander in Europe, as found on a piece of paper he wrote on just before the D-Day invasion began, and just after he ordered it to commence, on June 6, 1944.

Eisenhower wrote these words to be his own apology and acceptance of responsibility had the massive invasion at Normandy been a defeat rather than the history-altering victory it was.

It almost was a defeat, and as the note, which Ike’s naval aide, Captain Harry C. Butcher, found crumpled in his shirt pocket weeks later and saved for posterity, shows, Ike realized all too well that it might be. The secret dry run for the invasion had been a deadly fiasco, the weather was atrocious, and no military operation on this scale had ever been attempted before in the history of man. It took a combination of German mistakes, high command confusion, individual heroics and the usual twists and turns of chaotic fate that decide most battles to allow the Allies to prevail. Continue reading →

Dear CNN: Why Did You Try To Explode My Head This Morning?

/ Jack Marshall / 16 Comments

kaboom

At the climax of a debate regarding the merits or lack of same of Trump University, CNN “legal expert” Paul Callan said this—about three seconds after I sat down to watch, in my pajamas, before a single sip of coffee:

“I find myself thinking about Thomas Jefferson, author of the Constitution…

Did the legal expert correct himself the second he heard this infamous factoid of the uneducated escape his mouth? No.

What about Chris Cuomo, the cocky CNN moderator of this “debate”? Did he correct Callan? Did he even realize what he said was a historical howler? You couldn’t prove it by his next statement to the Trump spokesperson via video feed: “Well, Callan has pulled out Thomas Jefferson on you for his grand finale! What’s your response?”

His response should have been,

“Yes, Chris, Callan just “pulled out” some fictional figure named Jefferson who wrote the Constitution in Paul’s false-fact-crowded brain. Now if he had attended Trump University, he would know that Thomas Jefferson wasn’t even a participant in the Constitutional Convention. He was in Paris at the time. Jefferson wrote the Declaration of Independence, Mr. Callan. A real “legal expert” would know that, and so would a competent journalist, Chris. And you guys call Donald Trump ill-informed!”

It wasn’t his response, though. Of the three, being a Trump mouthpiece, he is the one least likely to know what Jefferson did or didn’t do. His actual response was: “When Callan pulls out the Constitutional Convention, I know he’s really in trouble.”

You know, that  famous convention they had in Boston in 1860, where Thomas Jefferson’s Constitution was signed by John Hancock, Lincoln and Teddy Roosevelt. That one.

We’re all in trouble.

These are the people Americans will depend upon to “explain” the issues and candidates this election cycle.

KABOOM!

More on this topic later, after I find the super glue and that missing piece of my skull….