Journalism & Media

Saturday Ethics Warm-Up, 1/19/19: It’s Fake News Day!

/ Jack Marshall / 53 Comments

Welcome to the Ethics Alarms Dead Zone!

Increasingly, almost nobody comes here on Saturdays. For me, Saturday is when I have time to catch up on ethics issues, and that’s fun for me. Everybody else doesn’t find ethics fun? How strange…

1. Another day, another fake news story designed to thrill and energize the “resistance.” BuzzFeed published a “bombshell” about Michael Cohen, that impeccably reliable witness, telling investigators that President Trump instructed him to lie to Congress about his pre-election hotel plans—odd that, since there is nothing illegal about planning to build a hotel in Moscow. Without checking sources, without considering the media source’s record of those of the reporters (one of whom has a well-documented pattern of making stuff up), the mainstream media was off to the impeachment races, with CNN and MSNBC in particular talking about almost nothing else all day.  Then, as the day edged into evening, the Mueller investigation dropped its own bombshell, taking the remarkable step of declaring the BuzzFeed story a lot of hooey.  Some pundits on the Right who trust today’s incompetent news media as much as I do even suggested that BuzzFeed knew its claim was false all along, but were confident that nobody could prove it except the Mueller investigation itself, and of course it would never speak up. The same logic was behind Clifford Irving’s Howard Hughes autobiography hoax (Irving assumed that the reclusive Hughes would never come forward to expose him—but he did.)

The Daily Caller quickly compiled a list of eleven previous botched news reports related to the “collusion” narrative, and it was not all of them by any means. I haven’t checked, but I am quite sure that there were not this many mainstream media headline-generating news stories that proved to be false in the past ten Presidencies combined. What will it take for the industry to declare its performance a crisis? What will it take for even the “resistance” to conclude that their pals the journalists are hacks? Blogger Ann Althouse is so disgusted that she has taken to drawing rat cartoons and diagramming the sentences in anti-Trump screeds. “How embarrassing for the Trump haters,” she writes. “I didn’t even write about the BuzzFeed story myself. I’m so jaded about the latest impeachment bait.”

Why isn’t everybody? It isn’t just bias that makes you stupid. Hate makes you stupid too. Worse than that, it makes you LOOK stupid.

Entertaining accounts of the BuzzFeed fiasco are here and here. Continue reading →

Morning Ethics Warm-Up, 1/18/2019: “The Pussy-Grabber Plays,” And More

/ Jack Marshall / 31 Comments

1. The Comment Of The Day That Wasn’t. An aspiring troll calling himself “Alan P Siegfried, PharmD” attempted to post a debut comment on “Prophesy Confirmed: SNL And Our Nation Of Assholes,” which concerned Saturday Night Live mocking the war wounds of then candidate, now Congressman Dan Crenshaw as part of a campaign of ad hominem attacks on Republican. I considered making the post a Comment of the Day, as I have in the past with especially amusing rants, but it’s not that funny. I am going to reproduce it here, though, first, to provide another example of the kind of approach that the Comment Policies explicitly warn against. You don’t get leave to comment here by insulting me or condescending to your host, much as I am in thrall to the wisdom of pharmacists. I don’t know how someone can think that it is ethical to enter a house and immediately to start vomiting on the furniture, but commenters who do think that aren’t going to be tolerated. I also thought the attempted comment would be instructive on the question of why the current imbalance between commenters on the Left and Right here or late. Recent progressives have been arriving sneering and spitting; new moderate and conservative oriented readers have been acceptably civil. Why is that, I wonder? Here is the post, and my comments follow intermittently:

How many adults did you see ‘roll with laughter?’

This is called “a bad start.” I wrote that the mockery of Crenshaw by snickering Pete Davidson had the SNL barking progressive seals roaring with laughter, which it did. The first line also was signature significance, apparently suggesting that the vicious disrespect of a wounded veteran was mitigated if the laughter was muted. “Ah!” I say, when a comment begins like this. “An idiot!”

Or is that conjecture from a big city gal who dine went and lost touch with reality??

Wait—I’m a “big city gal”? I don’t even identify as one. Continue reading →

Morning Ethics Warm-Up, 1/17/19: The “Why?” Edition

/ Jack Marshall / 11 Comments

WHY is it a good morning?

1. Why are some people missing their ethics alarms? A family member owned a horse as a pet, and when the horse got old and infirm sold it to a slaughterhouse for dog food. This caused a long-running rift with the Alexandria branch of the Marshall clan, in which my wife will capture spiders and gently release them into the wild while singing “Born Free.” However, the family horse-trader is a saint compared to Fallon Danielle Blackwood, 24, a veterinary student in Alabama, who offered shelter for rescue horses only to profit by secretly selling the animals to Mexican slaughterhouses.   She was arrested on a similar charge last year in North Carolina.

Though the current charges involve just  13 horses, Stolen Horse International, a nonprofit that helps find lost or stolen horses, says Blackwood may be behind the disappearance of dozens more. Her MO was to  reach out to those in need of help caring for their horses and offer the equines  a loving home at her farm near Boaz, Alabama.

Well, I hear veterinary school is expensive…

2. Why do the news media and the public let Democrats get away with the “immoral and ineffective” talking point? I discussed this in detail here. The latest to use the self-contradictory rhetoric was Rep. Ilhan Omar (D., Minn.), who denounced President Donald Trump’s “quest for a racist and sinful big wall” between the U.S. and Mexico during a speech on the House floor, and followed up with a tweet calling the wall “hateful and ineffective.” Now it’s “sinful” to enforce the borders, is it? How does someone make the argument that border security is “racist” and simultaneously claim that they are in favor of border security? If trying to keep illegal immigrants out is sinful and racist, how can the claim that border security is desirable be anything but hypocrisy?

This argument depends on listeners not paying attention, being complicit in an open borders strategy, or having the IQ of a mollusk.

3. Why do people this inept keep getting elected to Congress? At a Washington reception billed as a “celebration of Asian-American and Pacific Islander (API) members of the 116th Congress,” Hawaii Democratic Rep. Ed Case said that he felt like “an Asian trapped in a white body.” How awful! Trapped in a white body! Yechh! Pooie!

Pandering to racists is a bi-partisan activity, especially in the Aloha State, where hostility to whites is open and palpable. Continue reading →

The Lawyer Version Of “The Hader Gotcha”

/ Jack Marshall / 10 Comments

“GOTCHA!”

My legal ethics colleagues have their briefs in a bunch over a case in which an enterprising news media reporter dredged up old, old —but scintillating!—professional discipline on two lawyers taking on the defense of a much-hated defendant in a sensational and heinous crime.

One had been suspended for taking client money, but was eventually reinstated. The other had been reprimanded for having a sexual relationship with a client. The idea, of course, was to make the lawyers look bad. The issue is whether this is a fair use of attorney discipline, especially in the latter case.

The episode is similar to the Hader Gotcha, which we have discussed here several times, in which deep social media divers look for embarrassing youthful social media posts from the past, even from teen years, to use to turn the public against the individual, or at least to force the target to grovel an apology. It is also similar to the Brett Kavanaugh hit from Dr. Blasey-Ford, though I doubt this would occur to my overwhelmingly “woke” legal ethicist friends.

The lawyer raising the issue represents attorneys faced with disciplinary complaints, and asks why this is happening, feels that it is unfair, since the discipline wasn’t recent and had nothing to do with the current case, and thinks it is wrong that the reporter didn’t bother to talk to the bar association or the lawyers themselves to get proper context. He also asks whether anything can be done about it, including, perhaps, not publicizing some varieties of lawyer discipline.

The lawyer also asks,

Do I need to warn my clients that a collateral consequence of discipline is that if they ever take a high-profile case, the press might dredge up old dirt when covering the case?

This is too easy:

  • Welcome to the internet age! No, there is absolutely nothing that can be done about this, except to create a more ethical culture of journ…sorry, I couldn’t get that out without laughing.
  • The legal profession has never been able to explain to the public, and apparently not to journalists either, though they should be less ignorant, that representing accused criminals and guaranteeing even guilty citizens their rights isn’t an adverse reflection on a lawyers’ character. As a result, someone will always think it’s fun, justified and fair to look for dirt in a defense lawyer’s personal or professional past. Thanks to the web, it’s easier than ever.
  • Yes, you need to warn your clients. I’m surprised you weren’t doing so already.
  • And it’s not just legal discipline. Anything potentially embarrassing that can be found on the web, including social media posts [Lawyers: Don’t use Twitter!] can and will be dug up and weaponized.
  • As a result, past discipline, and any other potentially embarrassing information about a lawyer now falls into Rule 1.4 territory, information the client has a right to know and must be informed about in order to participate in his or her own case.
  • No, all lawyer discipline should be reported. The public has a right to know.

Morning Ethics Warm-Up, 1/16/19: Blacks With White Privilege, A Home Trump Derangement Test, Defending “Hamilton,” And More…

/ Jack Marshall / 36 Comments

Got up on the wrong side of the bed today..

…and trying to recover.

1. Finally! The Ultimate Trump Derangement Home Test! This is wonderful, and we owe a debt to CNN for making this available. NeverTrump neocon Max Boot, who has been a “rseistance” ally since the 2016 election and who also writes op-eds for the Washington Post, presented this hilarious—but don’t tell anyone you are using the to test hilarious—visual aid to his recent Post screed:

Isn’t that great? I initially thought it was a Saturday Night Live parody, but how could that be, when SNL is all Trump Derangement All The Time itself? All you have to do is show this to a suspected TDS sufferer, and wait for the response. Hearty laughter followed by something along the lines of,” Wow! I didn’t think even CNN would stoop this low, but there it is!”, and you know your friend or family member has escaped the jaws of madness. If the subject’s reaction is to point and shout, “See! See! I told you the election was rigged!”, then it’s time for cold compresses and a 911 call.

Once again, I miss the fevered passion of the self-exiled Trump Deranged commenters on Ethics Alarms, to see exactly how far gone they are, if they are. Hilarity was bound to ensue.

I was tempted to do a whole post showing how every one of Boot’s “reasons” are strained circumstantial evidence at best or utter nonsense at worst, but two words, “confirmation bias,” pretty much covers it, along with a third, “desperation.” Meanwhile, just as self-amusement, I’m working on the list of reasons why Max Boot might be a Russian agent. So far I have Dilbert’s Scott Adams’ observation that while the pitiful Russian fake news on social media couldn’t divide the country, hysterical anti-Trump conspiracy theorists are doing a good job serving Russian interests by undermining the Presidency; Max’s “Boot” code name, which evokes George Orwell’s’ famous metaphor for Communist totalitarianism; and that Curly Howard hair cut, the choice of international anti-democracy villains in James Bond films,  “The Man From U.N.C.L.E,” TV’s “The Black List” and everything in between.

That’s only three, though. Suggestions welcome.

2. Is this good news or bad news? “Family Guy,” Seth McFarland’s nastier, cheaper, uglier rip-off of “The Simpsons,” has announced that it will be “phasing out” homophobic jokes. It’s certainly good news if this includes the disgusting and unfunny running gag about the old man next door to “The Family Guy” who has sexual designs on Peter’s idiot son, I guess. The problem is that the only feature of “The Family Guy” that made its intentionally tasteless and offensive humor excusable was that the show was cruel and unfair to everyone, pretty much equally. If the show is now bowing to victim-group pressure, how long will it be before its only targets are white men, conservatives, Fox News and Donald Trump?

If McFarland and the show are now afraid of being politically incorrect when political incorrectness is a career death sentence for everyone else, then it should just kill the show, rather than wander the airwaves hollowed out and submissive like the brainwashed Winston Smith at the end of “1984.”

Oh-oh. Second Orwell reference already today… Continue reading →

Morning Ethics Warm-Up, 1/15/2019: I Am Cleopatra!

/ Jack Marshall / 41 Comments

Good morning, Ethics Lovers!

1. Coming attractions. Rep. Steve King is now officially a human ethics train wreck, but boy, it would be nice if we could trust the news media. I will be writing a full post on this matter soon, but in the meantime, if someone can find me the full text of the alleged “interview” with the Times that generated King’s infamous “White nationalist, white supremacist, Western civilization — how did that language become offensive?” statement, I would be very happy. The link used by all sources reporting on the interview and its aftermath, including the link used by the Times, goes to “Before Trump, Steve King Set the Agenda for the Wall and Anti-Immigrant Politics.”

But that’s not an interview! It’s an anti-King hit piece. I wanted to see the context of King’s remark, like, say, the question that evoked it. Is that too much to ask? All we get, however, is this:

Mr. King, in the interview, said he was not a racist. He pointed to his Twitter timeline showing him greeting Iowans of all races and religions in his Washington office. (The same office once displayed a Confederate flag on his desk.)

At the same time, he said, he supports immigrants who enter the country legally and fully assimilate because what matters more than race is “the culture of America” based on values brought to the United States by whites from Europe.

“White nationalist, white supremacist, Western civilization — how did that language become offensive?” Mr. King said. “Why did I sit in classes teaching me about the merits of our history and our civilization?”

That’s telling us about the interview, not the interview itself, and doing so while poisoning the well. More later. However, the fact that the Times won’t provide the unredacted interview itself is troubling.

2. Trump Tweets. Finally I can compliment a good one. This morning the President said, in the climax of a tweet, “They got caught spying on my campaign and then called it an investigation.” I’m critical of Trump’s communications skills, but you can’t do better than that. I also strongly suspect that he is correct. Continue reading →

Monday Morning Ethics Warm-Up, 1/14/2019: Bad Leadership, Bad Punditry, Bad Journalism…Looking For Silver Linings And Failing Miserably

/ Jack Marshall / 27 Comments

Good Morning!

The news is ugly, but the snow is beautiful.

1. Who’s really to blame for the shutdown? A weak and feckless GOP Speaker was the culprit, the wishy-washy, onflicted and above-it-all Paul Ryan.He had a Republican majority in the House, and lacked the leadership, resolve and political skills to take care of the border issue when the opportunity was there. Is there any doubt that Nancy Pelosi, Tip O’Neil or Newt Gingrich couldn’t have gotten the job done?

We were constantly told that Ryan was a reluctant Speaker. Reluctant leaders are almost never effective leaders; leaders want to lead and like to lead, and it is unethical to assume the role of a leader when you don’t have the spine or the skills to do the job.

2. Stop making Ann Althouse defend Donald Trump! Ann, with assists from Seth Barrett Tilman and Glenn Reynolds,  does a nice job debunking writer John McWhorter’s cheap shot criticism of the President in his  “Trump’s Typos Reveal His Lack of Fitness for the Presidency/They suggest not just inadequate manners or polish, but inadequate thought.”

He wrote,

“The president of the United States has many faults, but let’s not ignore this one: He cannot write sentences. If a tree falls in a forrest and no one is there to hear it … wait: Pretty much all of you noticed that mistake, right? Yet Wednesday morning, the president did not; he released a tweet referring to ‘forrest fires’ twice, as if these fires were set by Mr. Gump. Trump’s serial misuse of public language is one of many shortcomings that betray his lack of fitness for the presidency. Trump’s writing suggests not just inadequate manners or polish—not all of us need be dainty—but inadequate thought. Nearly every time he puts thumb to keypad, he exposes that he has never progressed beyond the mentality of the precollegiate, trash-talking teen.”

My contribution: Continue reading →

Sunday Ethics Warm-Up, 1/13/19: Walking Through The Ethics Woods On A Snowy Evening

/ Jack Marshall / 18 Comments

Good evening!

1. Pro tip for James Comey: appealing to the Cognitive Dissonance Scale is the tactic of a scoundrel. Also an idiot. Comey, responding to one of President Trump’s anti-Comey tweets—it doesn’t matter which–responded yesterday,

It takes only a rudimentary knowledge of world history to recognize how many absolute villains, psychopaths and sociopaths could and would make that statement. Vlad Tepes (aka “Dracula,”), feared foe of the Turks. Joseph Stalin, enemy of Hitler. Hitler, enemy of Stalin. Comey and President Trump are both equally loathed by Hillary Clinton: puzzle that out.

How did someone with Comey’s character deficits last as long as he did, and what damage did he do over that time that we don’t know about? The mind boggles.

2. And speaking of mind-boggling: Alexandria Ocasio-Cortez. Apparently not capable of figuring out that her problem is her own big mouth and some serious critical thinking issues, the irrepressible Congresswoman from New York is playing the pity AND the victim cards simultaneously. Unfortunately, as is her wont, she also inadvertently played the “unqualified to be in Congress because she never read the bill of Rights” card. “When does nonstop criticism of me by the Daily Caller rise to the level of ‘harassment’?” she tweeted plaintively.

Of course, as any reasonably well-educated 6th grader should be able to explain, the answer is “never,” or perhaps, “Never, you idiot,” even if the frequent criticism wasn’t warranted, which it obviously is.

3. Political Hot Stove suggestion. This is the time between baseball season known as the “Hot Stove League,” where baseball fans concentrate on free agent signings and trades, real, hoped for, or imagined. Here’s one involving politics: the Republicans should offer to trade Steve King (R-Iowa) to the Democrats for Rep. Ocasio-Cortez. The problem is that even the Democrats aren’t stupid enough to take the bait. King is a long-running disgrace and embarrassment, the embodiment of what the news media and Democrats want the public to think every Republican and conservative is really like. Continue reading →

Morning Ethics Warm-Up, 1/11/2019: Triplets, Tongues, Feet, And Screeches

/ Jack Marshall / 19 Comments

Good Morning!

1.It’s time to play… Champerty! I’m beginning my morning by explaining to an outside litigation funding entity that they really don’t have to worry about champerty laws as long as their loans are handled properly. Champerty is an ancient common law crime that made it illegal for a third party to buy into litigation and to profit from the transaction if the litigation succeeded. Some states still have anti-champerty laws, but they are 1) pretty much dead letters and 2) don’t apply to legitimate litigation financing, where a loan is repaid whether the litigation succeeds or not, and the amounts repaid do not change if it does. In legal ethics, champerty becomes an issue when a lawyer or law firm “sells” a share of the legal fee to a third party. That’s fee-splitting with a non-lawyer, and strictly forbidden.

Champerty is often mentioned as a set with two other common law crimes, Maintenance and Barratry. Maintenance, Champerty and Barratry are among my favorite potential triplets names, along with Shadrach, Meshach, and Abednego; Caspar, Melchior, and Balthazar; Clotho, Lachesis, and Atroposand (The Fates);  Nina, Pinta and Santa Maria, and, of course, Moe, Larry, and Curly.

2. The Good Illegal Immigrant, again. In the wake of the wall dispute and the shutdown, the New York Times is ramping up its frequency of heartstrings-tugging tales of  illegal immigrants so lovable, industrious and virtuous that only a monster would oppose their permanent enjoyment of the fruits of illegally obtained citizenship. One such article this week began,

“Tomas Guevara fell in love with Ruth Ayala years before they met. Her brothers — like Mr. Guevara, Salvadoran immigrants living outside Washington — talked about her at church. She was hardworking and kind, they said, devoted to her family and her faith. Then Mr. Guevara saw Ms. Ayala’s photo; her big brown eyes, her warm smile. He decided to give her a call.”

Awww!

Later in the article, we have this sentence: “In 2001, he swam across the Rio Grande.”

The article raises many questions for me. Why was someone like Tomas eligible for “temporary protected status”? If the claim was that El Salvador was so dangerous that he could not be sent back there, why did he keep visiting that country, meet his wife there, and have his child there? Naturally, there was a program, the Central American Minors program begun in 2014, that allows the children of parents with temporary protected status to apply for permanent residency as refugees. Tomas’s wife was somehow eligible too.

This is what “chain migration” means, in case you wondered. Continue reading →

The New York Times Puts Another Fake “Collusion” Scoop On Its Front Page

/ Jack Marshall / 74 Comments

This was going to be my headline, but I decided it was too long:

“You Know, When This Is All Over, Probably In 2024, American Journalism Will Look Like Post-Bomb Hiroshima, Except The Profession Will Have Done It To Themselves”

And I’m getting bored with “Nah, there’s no mainstream news media bias,” since I have occasion to use it so often, but then, that’s the point, isn’t it?

Yesterday, the left hand column above the fold of my daily Times, delivered to my door, screamed out,

It continued:

As a top official in President Trump’s campaign, Paul Manafort shared political polling data with a business associate tied to Russian intelligence, according to a court filing unsealed on Tuesday. The document provided the clearest evidence to date that the Trump campaign may have tried to coordinate with Russians during the 2016 presidential race.

I know, and you know, that this sent the “resistance,” and Democrats, and all my hateful, coup-seeking Facebook friends and yours into a frenzy.  The news media too, that an old friend and Ethics Alarms self-exile whose name I won’t use (though I sure am tempted) repeatedly insisted wasn’t biased or “enemies of the people” —how could I suggest such a thing?–and that didn’t traffic in fake news because they were careful, honest, trustworthy professionals of integrity. Here’s an example of how they reacted to the Times story:

Exclusive: Mueller Is Holding Top Secret Intelligence That Will Sink the Trump Presidency

That’s from the Observor, which breathlessly continues,

Another day, another bombshell emanating from the Special Counsel investigation into President Donald Trump and his links to the Kremlin. We now have more proof that Robert Mueller really does know everything about 2016—and I can exclusively tell you how he knows it.

This latest reveal comes from a legal screw-up of gargantuan proportions. Yesterday, attorneys for Paul Manafort, the president’s disgraced campaign manager for the decisive phase of the 2016 election, filed papers with the Justice Department trying to prevent their client from spending the rest of his life in a federal penitentiary. They asserted that Manafort did not lie to Team Mueller, as the Special Counsel believes, but in the process, they made an epic redaction fail that blows the case wide open.

Manafort’s lawyers accidentally revealed that Team Mueller believes—and Manafort confirmed—that their client shared campaign polling data with Konstantin Kilimnik, one of Manafort’s closest friends and a longtime business partner. Moreover, Manafort conceded, he had discussed a “Ukraine peace plan” with Kilimnik “on more than one occasion.” Worst of all, Manafort met with Kilimnik in Madrid to discuss these matters, he admitted, without saying when (Manafort’s spokesman later stated the Madrid meeting was in January or February 2017).

Once you know who Konstantin Kilimnik is, the gravity of these revelations comes into clear focus. The elusive Russian fixer was indicted by Team Mueller last June on obstruction of justice charges for assisting Manafort with witness tampering; previously, the Special Counsel described Kilimnik as having “ties to a Russian intelligence service and had such ties in 2016.”

The story is still up online, as are many similar ones from other “reliable sources.” Then, quietly, well into yesterday afternoon, the Times put out a tiny correction:

A previous version of this article misidentified the people to whom Paul Manafort wanted a Russian associate to send polling data. Mr. Manafort wanted the data sent to two Ukrainian oligarchs, Serhiy Lyovochkin and Rinat Akhmetov, not Oleg V. Deripaska, a Russian oligarch close to the Kremlin.

In other words, “Never mind!”

Yes, we all know that Manafort had business contacts with the Ukranians, but Mueller isn’t investigating what the Ukraine did or didn’t do to influence the 2016 election.  Well, come on now, Ukraine, Russia, Kyrgyzstan, Whateverstan—who can keep those old Soviet Union countries straight? They’re all basically the same, right?

Yup, “the clearest evidence to date that the Trump campaign may have tried to coordinate with Russians during the 2016 presidential race” is a completely false story, in place of the actual story that didn’t belong on any front page, except maybe the All About Paul Manafort Hooterville Gazette. Except this was the New York Times, the Mother Ship, the ne plus ultra of trustworthy American journalism, and yet they rushed a fake story onto the front page because confirmation bias has eaten the professionalism of their reporters and editors,  and they hate Donald Trump more than they respect their profession or their readers.

Am I being too harsh?

No.

Indeed, I should be harsher, but this astoundingly long-running outrage had drained my capacity.

Oh, how they want President Trump to be guilty of impeachable high crimes and misdemeanors!  I’m sure they’ll wag their tails and jump into the laps of Tlaib and Waters and the other totalitarian-minded Democrats when they try to impeach the elected President of the U.S., aka “the motherfucker,” for simply existing and not being them, but they so want the impeachment to be based on something real so the coup has some cover. Thus they close their eyes and leap, knowing their progressive, biassed readers will be happy, without expending the basic professionalism and due diligence required to get me a B in Mr. Stewart’s journalism class at Arlington High School.

Of course American journalism itself is accountable for its self-defilement, though its members and co-conspirators will doubtless say that Trump makes them behave like a two-bit Pravda. The real culprits, however, are the democracy-rending fake Americans who have set out to undermine our system, elections, politics and government, and are begging for ammunition from the weak and lazy reporters who have betrayed the nation by joining their ranks.