1. I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics. Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.
2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…
…and this one…
…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.
3. This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →
1. If you haven’t yet read them, Steve-O-in NJ’s Comment of the Day on Chris’s brilliant Comment of the Day regarding ideological and partisan hate—plus Chris Bentley’s Comment of the Day on the same post, are all especially worth reading, not that all Comments of the Day by Ethics Alarms readers are not. I apologize for an unusually long intro to Steve’s post, but I had been holding on to a lot of related material from the day past on the topic, and it was either use them there or be redundant later. This meant putting Steve-O’s COTD after the jump, which is why I’m giving an extra plug to it now.
There were the obligatory riots after the verdict acquitting Jeronimo Yanez, the officer who fatally shot Castile in his car after he told the officer that he was carrying a legally registered firearm and then reached for his wallet to show the officer his license. This is just the latest cattle-car in the Ferguson Ethics Train Wreck, the familiar pattern of a badly-trained cop, a dubious police stop, poor judgment by a victim, and a needless death. I would compare it to the Tamir Rice shooting in Cleveland, where the officers involved weren’t even indicted.
Why in the world would a motorist tell a cop in that situation—Castile had been officially stopped for a broken tail light, but in reality because he was black, and the officers thought he resembled a suspect in a crime who was also black—that he had a gun? This could be interpreted as a threat, and obviously Yanez saw it as one. The verdict looks wrong at a gut level, but it is easy to see how the jurors were thinking: they placed themselves in the officer’s position. They would have been in fear of their lives, so they couldn’t find a way to pronounce Yanez a murderer for doing what they could see themselves doing under similar circumstances. This was a legitimate case for reasonable doubt under the law. Police officers, however, are supposed to be less likely to panic than a typical juror. Castile is dead because of incompetent police work, but the criminal laws don’t allow different standards to be applied for different occupations, not should they. Continue reading →
1. Mainstream media bias has been such a frequent topic on Ethics Alarms that I hesitate to focus on it even when, against all odds, what passes for American journalism has another rotting chunk fall off. The reaction of most of the media to the Comey testimony was a huge chunk, once again shocking me when I didn’t think my regard for this unprofessional profession could sink lower. Some commentators yesterday (they were conservative, but there is no reason a fair and objective liberal wouldn’t and shouldn’t come to the same conclusion) said that we are witnessing the birth of a mainstream media-progressive fusion political party. This is not a hysterical analysis. The New York Times coverage of the Comey hearing, for example, was so misleading and dishonest as to eliminate that paper from ever being regarded as a reliable political analyst again, at least until it cleans house and issues an abject apology to the nation. Ethics Alarms reader Greg did an excellent job detailing the Times’ disgraceful anti-Trump/pro-resistance spin in the thread on the Comey testimony post, as did journalist commenter Tippy Scales.
The Times knows its first take was untenable; you can tell by its editorial today, in which it already is changing the subject. If Comey had laid a glove on Trump (and he didn’t) regarding impeachable conduct and a route to removing him—which was the Left’s fervent hope and the resistance’s confirmation bias-driven fantasy—the Times would have been shaking its fist and demanding action in it Sunday pronouncement. Instead, it offered an extended whine about how Paul Ryan excused Trump’s clumsy handling of his communications with Comey by citing Trump’s inexperience, but that he had condemned President Obama for his inexperience, as if the two positions are inconsistent. First, they are not: Ryan did not support Trump’s nomination, though political inexperience was the least of his disqualifications. Second, the President’s cluelessness is directly relevant to the weaker than weak argument that he was obstructing justice by having the kinds of conversations with a subordinate that is commonplace in a business setting. The Times, as it has been doing a lot lately, simply assumes away an insuperable obstruction to its “resistance” position, , saying that “The president obviously knows that it’s wrong to interfere in an investigation.”
Like Hillary Clinton, apparent cyber-dolt, “obviously” knew that using a private server for State Department business violated classified communications law?
The same logic that Comey himself used to give Clinton a Stay Out Of Jail pass applies to Trump’s statements to Comey, but far more reasonably. Not only was he not, as Ryan said, “steeped in the long-running protocols that establish the relationships between D.O.J., F.B.I. and White Houses,” the President wasn’t interfering in the Flynn investigation by telling Comey he hoped it would end, and he couldn’t interfere in the Russian investigation by firing the FBI director. The Times editorial reveals the real impetus behind the paper’s determination to bring down the President who dared to be elected by “deplorables” who don’t march to the Times’ ideological lock-step: Trump “[struts] about at the head of the party, insulting everyone and everything in sight: staff members, allies, laws, diplomatic decorum and common sense.”
Yes, for once the Times is reporting accurately, but that’s not grounds for removing an elected President, and it does not justify misrepresenting facts to create a public groundswell based on bias, hate, fear and ignorance.
2. And when it is clear that the news media and the Democrats are coordinating in an “Anti-Trump” party, what is a responsible stance for the Trump Administration regarding news organizations who wave the anti-Trump banner at the expense of fair reporting? Continue reading →
The post about John McCain’s troubling performance during the Comey testimony inspired this thoughtful comment by dragin_dragon, a self-professed senior citizen (although I had no idea), on the related topic f officials knowing when age and/or infirmity create an ethical obligation to step down and retire in the interests of society.
The confounding factor, and one that becomes a powerful rationalization for those who want to stay on in important positions long after their metaphorical pull-date, is that many of them can truthfully argue that their age-ravaged abilities are still better than most of the younger alternatives. Or, as my sister said during a discussion on this topic, “I’d rather have Justice Ginsberg with half her marbles than anyone Trump would nominate.” I bet that’s how Justice Ginsberg is thinking too. Then there was that attorney with a drinking problem who everyone in the firm agreed was twice as good as any attorney in the firm when sober, and 50% better when drunk as a skunk.
Does that mean the firm should be satisfied if he’s drunk all the time? Isn’t this the same as the age diminished once-brilliant judge?
There comes a time in anyone’s life when it should be obvious that it is time to “Hang up the guns”. In my own life, I am but 71, and I am seeing numerous anomalies in my behavior (walking into a room and wondering why I am here) and in my rational thought (I suspect most who have read my comments sometimes have the same question). I am getting to where I lose debates to my wife on a regular basis (she’ll tell you I’ve always done that). More to the point, I am AWARE of the beginning deterioration. I am wondering if John McCain and Ruth Ginsberg are.
Another thought had occurred to me, however. After realizing that there was some slippage, I have refused an opportunity to run for Alderman and for Mayor of our little newly-incorporated city, because I honestly did not feel I would be able to do the job, either of them, justice, either mentally (what’d you say my name was again?) or physically. I’m winded some mornings after tying my shoe-laces. However, I am reasonably certain that narcissism plays little part in my personality. I suspect it is a BIG part of most elected officials (city, county, state, national) personalities. The idea being “Nobody but ME can do this job properly”, or in some cases, “Nobody but me can do this job, period, well or poorly.” Continue reading →
I have finally read the transcript, which you should do as well. By now I have also seen a lot of video clips. (James Comey really says, “Lordy!” Wow.)
First, some general observations, with more detailed comments to come in a subsequent post.
1. My earlier expressed opinion of James Comey when I defended him against conservative accusations that he was giving Hillary Clinton an undeserved break by not indicting her were revealed as too generous yesterday. I still believe he is honest and non-partisan. More than ever, I believe that he is untrustworthy. He was obviously in a difficult position—many, in fact—that he was not able to successfully manage, if anyone could have. However, his oft-repeated insistence that he (and his FBI) did not play politics was exposed as false, if not dishonest (a gracious interpretation of the sort that Comey denied the President in his bitter testimony.)
2. The fake Russia collusion narrative pushed by Hillary, Democrats and the news media to simultaneously excuse her loss and undermine the Trump Presidency was killed yesterday, but will wander around like a zombie for months if not years because Trump-haters will not have the integrity to admit they were wrong. Chris Matthews, a once astute and courageous liberal Democrat reporter who morphed into a partisan, knee-jerk progressive shill and anti-Republican scold as soon as he started getting paid by MSNBC, had a sudden flashback to his days of integrity when he pronounced yesterday,
“But the big story has always beenthe assumption of the critics of the president, of his pursuers, you might say, is that somewhere along the line in the last year, the president had something to do with colluding with the Russians. Something to do, a helping hand, encouraging them,feeding their desire, to affect the election in some way, some role they played, some conversation he had with Michael Flynn, or Paul Manafort, or somewhere. And yet what came apart this morning, was that theory, because in two regards the president said according to the written testimony of Mr. Comey, ‘go ahead and get anybody satellite to my operation and nail them, I’m with you on that,’ so that would mean Manafort, Carter Page, someone like that. And then he also came across today what was fascinating, Comey said that basically Flynn wasn’t central to the Russian investigation, that he was touching on it. That there was, of course, Flynn had an honest, we assume, wasn’t honest in his answer on the official forms that he had to fill out to become a national security head.”
But it only touched on that, it wasn’t really related to that. But he could be flipped for that, but in other words, they could flip him because they had him caught on something he dishonestly answered but he wasn’t central to the Russian thing, and I always assumed that Trump was afraid of was that he had said something to Flynn, and Flynn could be flipped on that. And Flynn would testify against the president that he had had some conversation with Flynn in terms of dealing with the Russians affirmatively. And if that’s the case, where’s the there there?”
There is no there there, and never has been. Thus the anti-Trump hysterics are left with what they have always believed was proof enough: Hillary lost, leaked hacks of e-mails that led the public to realize how sleazy the Democrats were should have never been seen by voters, Trump was the beneficiary of the leaks, he had said nice things about Putin, he’s an unethical creep, and a lot of his associates had business contacts with Russia, and besides, they just know Trump is guilty.
That’s not enough; in fact, it’s nothing at all. Matthews as both a lifetime Democrat and a romantic regarding the Presidency and democracy detests Trump to his Irish-American Boston liberal core, but he knows when to get off a bandwagon that will embarrass him if he stays on board, or make it impossible for Chris to look in the mirror.
3. For a lawyer, Comey’s loose use of the term “liar” and his stated belief that he assumed that Trump was a liar early on in their relationship shows a troubling inattentiveness to his own biases, as well as a classic misunderstanding of what it means to lie. Comey said Trump lied about why Comey was fired, for example. Comey has no way of knowing which of the many legitimate reasons for firing him played the biggest role in his firing. He does not know what Trump was thinking, so he cannot assert that Trump lied. He can say that he believes Trump lied, but that is only his opinion: it does not make Trump a liar, and it is not evidence. Last ditch bitter-enders among the Impeach Trump Lynch Mob will be arguing that Comey’s various opinions and reactions prove misconduct by Trump. But lying and obstruction of justice are not like sexual harassment, where a second party, by his or her reactions, determines whether misconduct has taken place. Comey stated that he took Trump’s words that he “hoped” that the FBI would drop the Flynn investigation as a “direction.” He also could have taken it as a marmoset, but that wouldn’t mean that the President meant it as one.
Any time a supervisor says “I hope you do this,” it is a statement of what will make that supervisor happy. (Did Obama ever say to his Treasury Secretary, “I hope the IRS is tough on those tea party groups: they are about as non-partisan as I am!”?) Nevertheless, it leaves the decision in the hands of the subordinate.
4. Comey came off like a classic disgruntled former employee, and I’ve interviewed many of them, angry that he was fired and determined to do as much damage to his former supervisor as possible on the way out the door.
I’ve GOT it! Make Trump move to the Mount Weather Emergency Operations Center! Problem Solved!
Flat learning curve. That’s really the most alarming thing about President Trump’s tweet barrage over the weekend, as he responded stupidly, irresponsibly and offensively to the terror attack in London. It proved that he hasn’t learned a thing, despite repeated Twitter-assisted catastrophes that in the past have turned potential victories into embarrassments, mere mistakes into disasters, and whimsy into large clubs for his enemies to beat him bloody with. How could he not be wary when he considers a tweet? What happened to “Once burned, twice shy?” How about 6,348 times burned? How analytical do you have to be to think, after hitting yourself in the head squarely with a 2 X 4 and realizing that it is permanently dented (the head, not the board), “Wow! That hurt! I sure don’t want to do that again!”?
And yet here we are.
I can’t say I’m surprised, and that itself is depressing. But I’ve dealt with enough alcoholics in my life who I have asked, following particularly devastating relapses that placed everything they cared about (or should have cared about) in jeopardy, “Why would you do that, after all you have been through?”…and watched them shrug, shake their heads, and say, in various words, “I can’t explain it, and you’ll never understand.”
After the two attacks on Saturday, the President’s tweets weren’t all terrible. The second one read, “Whatever the United States can do to help out in London and the U. K., we will be there – WE ARE WITH YOU. GOD BLESS!” Then, like a binge drinker out of rehab who takes a small sip of chablis at a reception, POTUS was on a Twitter bender—a Twender. He began exploiting the tragedy to lobby for his stalled travel ban. He blamed the attacks on political correctness. He mocked the Mayor of London. He somehow saw the episode as revealing the hypocrisy of gun control advocates. Metaphorically, the President of the United States was reeling and staggering all over the street, singing “Barnacle Bill,” stopping traffic and vomiting on pedestrians. Continue reading →
Texas state Rep. Philip Cortez (D) told the Washington Post, “We were just on the floor talking about the SB4 protests, and [state Rep.] Matt Rinaldi came up to us and made it a point to say, ‘I called (ICE) on all of them. And this is completely unacceptable. We will not be intimidated. We will not be disrespected.”
Who is “we”? It Cortez an illegal immigrant? I hope not, because that would be illegal and a violation of the Texas Constitution. Why would he be intimidated and disrespected by an elected lawmaker reporting law breakers to appropriate authorities? It is clear that he wasn’t intimidated or disrespected. What kind of elected official feels disrespected when he is told, “I just reported those people who are holding signs that say, ‘I broke the law, and I’m proud of it, nyah nyah nyah!.“? This is just the unconscionable rhetorical slight of hand being habitually used by open-border advocates and unprincipled Mexican-American lawmakers to pander to their constituency.
It is not “completely unacceptable” to report illegal immigrants to ICE. It is completely unacceptable for an elected official to make the nonsensical, rule-of-law rejecting statement that doing so is unacceptable. Continue reading →
Last night Republican Greg Gianforte, in a close and closely watched contest with Democrat Rob Quist to fill the open, and only, Montana Congressional seat in today’s special election, snapped and attacked Ben Jacobs, a reporter for The Guardian. You can read the account of a witness (from Fox News) here, and the recording above seems to confirm it. The aspiringg statesman was charged with misdemeanor assault.
Good.
Three newspapers, this one, this one and this one, immediately withdrew their previous endorsements of the Republican in the race.
“What do you mean it’s brown and poisonous? Water is water! Pay up.”
This story out of Flint, Michigan is so wrong, so astoundingly and obviously unethical, such a satire of government ineptitude at its worst and bureaucratic soullessness at its most damning, that I literally didn’t believe that it could be anything but a momentary hiccup, and that it would be resolved by the state, the city, an elected leader with guts and the sense God gave a mollusk, within a day or two, after the voices of millions were heard screaming. “WHAT????”
I was wrong. You want to know why it is insane to place your freedom, health, livelihood and survival and that of your families in the hands of government? THIS is why. Exactly this.
Thousands of Flint, Michigan residents risk losing their homes if they don’t pay their overdue water bills less than three years since the start of a prolonged, botched, water safety crisis that led to extremely dangerous levels of lead in the city’s water pipes. In a move that will stand through the ages as the epitome of shamelessness and gall, the Flint government sent threatening letters to more than 8,000 residents warning them they will face a tax lien if they do not pay water and sewage bills they have avoided for six months or more. Residents have until May 19 to pay the delinquent bills, and after that, a process begins that could end with foreclosure on their homes. Flint sends these letters annually to property owners whose payments are at least six months late, but skipped this process in 2016, given that the water the residents weren’t paying for was only technically water at all. The better label was “poison.” This year’s letters cover two years of past-due balances. Continue reading →
Obviously, we can’t have that conduct from an elected official. He had to resign; there is no question about that. Artiles was at a members-only club in Tallahassee earlier this week when he was speaking with fellow state Senators Audrey Gibson (D) and Perry Thurston (D), who are both black. Artiles told them, in the course of an obscenity-rich rant, that “six niggers” had helped get Senate President Joe Negron elected.
I’ll give Artiles credit for one thing: he didn’t resort the Pazuzu Excuse (“This isn’t who I am, and what I said does not reflect what I think or feel”), which is what almost all public figures in his self-authored predicament do. His resignation letter’s main section reads,
It is clear to me my recent actions and words that I spoke fell far short of what I expect for myself, and for this I am very sorry. I apologize to my family and friends and I apologize to all of my fellow Senators and lawmakers. To the people of my district and all of Miami-Dade, I am sorry I have let you down and ask for your forgiveness. My actions and my presence in government is now a distraction to my colleagues, the legislative process, and the citizens of our great State. I am responsible and I am accountable and effective immediately, I am resigning from the Florida State Senate. It’s clear there are consequences to every action, and in this area, I will need time for personal reflection and growth.
Not bad.
What the episode made me ponder is this: what does using “nigger” when speaking about a black man or woman tell us about the speaker?Continue reading →
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