Res Ipsa Loquitur Ethics Quote Of The Day: Law Professor/Blogger/Irony Master Ann Althouse

free-bingo-design

The NYT article tells us that Sotomayor’s remarks were published in the Berkeley La Raza Law Journal and that she also said:

“Whether born from experience or inherent physiological or cultural differences,” she said, for jurists who are women and nonwhite, “our gender and national origins may and will make a difference in our judging.”…

… Judge Sotomayor questioned whether achieving impartiality “is possible in all, or even, in most, cases.” She added, “And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.” She also approvingly quoted several law professors who said that “to judge is an exercise of power” and that “there is no objective stance but only a series of perspectives. Personal experiences affect the facts that judges choose to see,” she said.

So has Donald Trump refrained from doing a disservice both to the law and society?

—-Ann Althouse, making a slam-dunk point about the hypocrisy of the uproar over Donald Trump’s “racist”suggestion that a Hispanic-American judge might be biased against him.

Althouse and I are right, and almost everyone else is wrong. It’s obvious, and beyond rebuttal on the facts. Althouse has joined me as one who also deplores everything about Donald Trump but who is determined to call out intellectual dishonesty and unfairness in the attacks against him. She also posted this… Continue reading

Ethics Observations On The Donald Trump-“Mexican” Judge Affair

Judge Curial. Funny, he looks white to me...

Judge Curial. Funny, he looks white to me…

“Everybody says it, but I have a judge who is a hater of Donald Trump. He’s a hater. His name is Gonzalo Curial… We are in front of a very hostile judge. The judge was appointed by by Barack Obama – federal judge. [Boos]. Frankly he should recuse himself. He has given us ruling after ruling, negative, negative, negative. I have a top lawyer who said he has never seen anything like this before. So what happens is we get sued. We have a Magistrate named William Gallo who truly hates us..Watch how we win it as I have been treated unfairly. . . . So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . .I think Judge Curiel should be ashamed of himself. I think it is a disgrace he is doing this… It is a disgrace. It is a rigged system…They ought to look into Judge Curiel because what Judge Curiel is doing is a total disgrace. “

This is what Donald Trump said about Mexican-American judge Gonzalo Curial, who is currently presiding over the civil law suit involving now-defunct Trump University. That is all of it, with the rest being general Trump-speak.

The initial reaction in the news media and from the anti-Trump legal commentators (that is, essentially all legal commentators except the ones who have to eat alone at their law school dining rooms) was that Trump’s entire rant that contained the sentiments above were a threat to the rule of law and judicial independence. As I explained here, that was both hyperbole and a double standard.

It also, as I expected, was far too technical a complaint for the average voter to understand or get upset about, even if it had been valid and fair, which it wasn’t. So the anti-Trump forces, which are mighty and legion, decide to shift gears, and rather than attack the statement as a threat to the Constitution, condemn it  as “racist.” It was so racist that Buzzfeed decided that it could get brownie points by pulling out of an ad deal it had made with the Republican Party by professing revulsion at the party’s presumptive nominee’s “racism.”

The news media has now decided that it is just a fact that Trump’s comments about the judge were “racist.” That’s how the topic is being discussed. Nobody looks at the statement that sparked this nonsense: Trump said something racist, and that’s all there is to it.

Except that he didn’t.

I can’t keep track of all of the subsequent statements Trump has made or will make to defend himself. Since he talks like a stream of consciousness novel written by a Red Bull-guzzling cab driver, he may have said or will say something that is more inflammatory than the statement being attacked; remember, the man literally doesn’t know what is going to come out of his mouth until he hears it. For now, I’m going to stick to the statement that started this.

1. He said that Judge Curiel “was a hater.”

2. He implied that he was biased against Trump, and that this was a “disgrace.”

3. He said, in what I am certain was one of those examples where Trump’s tongue got the jump on his brain, that “we believe” the judge was “Mexican.”

4. He said that the system “was rigged,”that Judge Curiel should recuse himself, and that Curiel should be ashamed.

That’s it!

None of that constitutes a “racist” statement. It does not even constitute  a bigoted statement, and it is in no way the magnitude of offense the Democrats, media and Trump opponents are claiming, indeed, stating it to be.

Before I list the ethics touch-points in this disturbing event (the event being a news media lynch mob devoid of proportion or fairness controlling the discussion and misrepresenting a Presidential candidate), let me make this clear, as if I hadn’t already in dozens of Ethics Alarms posts: Continue reading

Unethical Website Of The Month: NBCPolitics.Org

This may be the editor of this web site. The evidence points that way...

This may be the editor of this web site. The evidence points that way…

NBCPolitics.org is a special variety of fake site. Its stories appear to be genuine—but since the site is unethical and a lie, you can’t assume every one is—and it does not appear to be attempting satire or to fool mainstream news sources. To be frank, I don’t know what the hell the site’s operators think they are doing.

Nonetheless, it is a fake site, an unethical one, and especially nasty. It is, to start with, stealing NBC’s logo and name, as well as the new stories it posts, which come from other sources, at least until the site posts its own fake story with the real ones. Don’t put it past them. You cannot trust a fake site.

NBCPolitics.Org is also written by illiterate morons. Here is a description of the site from one of the links:

This is a representing website for nbcnews.com only posting about politics from and outside the United States.All the article are used from big websites based on politics.Source information is included in every post.

Unless NBC has declined even beyond what watching MSNBC would have one believe, this is a smoking gun. So is the “About” page: Continue reading

Ethics Quiz: The Washington Post’s Trump Hair Orgy

Trump Hair

Preface: I believe that it is existentially essential and an ethical duty of citizenship to prevent Donald Trump from becoming President of the United States. I also believe that the news media is obligated to report the campaign objectively and fairly, admittedly something they have increasingly appeared both unwilling and unable to do. For the mews media to elect the President by allying itself to one party is a far more dangerous threat to democracy than, for example, organizations of citizens being allowed to make whatever political statements they choose during the course of a campaign. Democrats like Bernie Sanders don’t see the news media placing its weighty foot on the scale as a problem, because they know where that foot will go: on their side of the scale, hard, like it did in 2008 and 2012.

All signs point to the news media planning to metaphorically stomp on the scale in the coming campaign and justifying it because of Trump. This is also known as “the ends justify the means.”

Today’s Ethics  Quiz continues the Ethics Alarms ongoing inquiry into what ethical journalism standards should be during the 2016 Presidential race.

Late last week, I was somewhat stunned to see the Washington Post Style Section dominated by a feature of the sort the Post usually reserves for holidays, like News Years or Valentines day. Almost the entire front page of the section was devoted to the single topic of ridiculing Donald Trump’s appearance, specifically his hair. Titled “The 100 greatest descriptions of Donald Trump’s hair ever written,” it began in part,

“Here, in the most comprehensive and highly scientific endeavor of its kind, culled from 30 years of news articles, we present the top 100 unique descriptors of the Trump mane, written by journalists or pontificators who secretly fancy themselves poets.”

Among the entries…

9. An ambitious corn dog that escaped from the concession stand at a rural Alabama fairground, stole an unattended wig, hopped a freight train to Atlantic City and never looked back

15. A mullet that died in some horrific accident

62. A dead skunk

70. A dishrag that on closer inspection is alive with maggots

Stipulating that this article appears in the Style Section, along with the comics, movie reviews and human interest stories, your Ethics Alarms Ethics Quiz of the Day is…

Was this orgy of hair ridicule of a Presidential candidate being published in a major newspaper fair?

Continue reading

How Conservatives Make Themselves Untrustworthy: A Case Study Starring Brent Bozell

Brent-Bozell-SC

Brent Bozell, founder of the Media Research Center, is one of the heroes of the hard right. Joined by  reporter Tim Graham on Bozell’s media watchdog website ( it only bites liberal media, but that’s still a mouthful) Newsbusters,  he provides a depressing example of how conservatives sabotage their credibility and end up crippling their ability to persuade even when they are right, which is frequently.

In a column called “America’s Wrong To Love Football?,” Bozell and Graham complain about an NPR segment that makes the exact same point Ethics Alarms has made many times.[ You want one? Here’s one.]  After citing just some of the waves of evidence that professional football (and probably college football too) is maiming and, in slow motion, killing a large percentage of its players, they write one dishonest, irrelevant, fallacious and rationalized argument after another:

“Count on flower children at NPR to go over the edge with this issue..”

Conservatives used to use the ad hominem tactic of denigrating all liberals as hippies–drugged out, long hair, unwashed, funny clothes, pacifists, Communist sympathizers–in the Nixon era. It was a cheap shot even then—Counter their positions, don’t make fun of their haircuts!—but 50 years later it’s pathetic, and screams “I’m estranged from reality!” How many people under the age of 60 even know what “flower children” were?

Bozell and Graham continue..

“The problem isn’t the size and strength, and therefore power of professional football players. No, it’s — ready? — the evil game of football itself…”

This is devoid of logic. If the huge athletes and the way the game of football is played maim human beings, then the sport—game, sport, sport, game– of professional football maims human beings. No, Brent, it’s true, the rule book never hurt anyone. Nevertheless, the sport of pro football, as it is played, results in a large number of young men losing their minds before they are sixty. That doesn’t make the game of football “evil,” it makes the sport unacceptably dangerous. No, that doesn’t make the game “evil”—Deford never says it was “evil.” It makes people–like you, in fact—who pretend the game isn’t unreasonably dangerous and misrepresent the arguments that it is—complicit. It corrupts them. It corrupts society to have the culture spend so much money, passion and time on a sport once we know it kills people and ruins lives.

“Commentator Frank Deford used to love football, but now he just drops bombs on it. On Wednesday’s Morning Edition on National Public Radio, Deford’s weekly commentary was titled “What Is Football Doing to Us as a People?” He asked on air “So what is football doing to us as a people? How do we explain an America that, alone in the world, so loves this savage sport?…”

It is a legitimate and revealing question. Bozell and Graham just don’t like the answer. Yes, Deford loved football, until he learned that it was turning healthy young men into sad, tortured, middle-aged dementia victims while the NFL’s  leadership tried to cover up that fact. Like any decent, ethical person, he changed his mind according to new information, something conservatives like Brent Bozell often regard as heresy. Continue reading

CNN’s On-Screen Fact-Check Of Trump Speech: A Major Ethics Foul

trump-cnn-fact-check

 Instapundit’s Glenn Reynolds likes to say that if the mainstream news media didn’t have double standards, it would have no standards at all. As this has rapidly degenerated into “It’s still not ethical to be unfair to Donald Trump day,” I once again have to call an ethics foul on the news media, which is apparently jettisoning all objectivity and fairness sooner in this election than ever before, as it obeys the commands of its progressive masters.

Today, CNN fact-checked Trump with an onscreen graphic that claimed one of the statements in his speech was false as they played the video. In other words, they did exactly what Rep. Joe  (“You lie!”)  Wilson did to Barack Obama in his State of the Union address. Like Wilson, CNN was correct on the facts, but still unethical. The TV audience had a right to hear Trump’s speech as his audience heard it, without simultaneous media attacks and without a negative filter. What’s next, on- screen comments like, “Boy, can you believe this douche bag?”
Continue reading

Unethical Tweet Of The Month: Emmet Rensin, Vox Editor

Vox tweet

When “This Week’s” Michael Dougherty tweeted Rensin to ask what he believed were the limits of “legitimate” political violence, Rensin responded,

“Destroying property is legitimate. Shouting down is legitimate. Disruption of all events is legitimate. Murder isn’t.”

Whew! That’s a relief!

The Left will make Donald Trump President yet.

Oh–if Vox doesn’t terminate this fascist as ““deputy first person editor,” whatever the hell that is, there’s one more internet source that will go on my BANNED list. Rensin has a right to hold whatever anti-free speech, anti-democracy opinions he wants, but any website or news organization that would keep such a jerk in a position of influence and authority forfeits all respect and trust.

_______________________

Pointer: Hot Air

The State Department’s Cover-Up Tactics: So This Is Trustworthy, Transparent, Honest Government Under Barack Obama’s Leadership, Is It?

tapper-300x197[Warning: I want to apologize for the snarky and perhaps unprofessional tone of the following post. On second thought, I don’t.]

Barack Obama’s approval ratings have been rising in the wake of the realization that Hillary Clinton or Donald Trump are his likely successors.  I can’t blame the public too much for this, as irrational as it is. Place Steve Buscemi next to the Elephant Man, and after a while he’ll seem like George Clooney.

Still, the fact that so many Americans accept/ enable this incompetent, divisive, corrupt and untrustworthy government under Obama is a major reason such unfit candidates as Clinton and Trump have gotten this far. Never before has such incompetent leadership been so extolled, especially by the news media. The standards for what Americans would accept as Presidential leadership have been lowered catastrophically under Obama, and this is one of many horrible results.

Now the State Department—you know, that major Cabinet Department Hillary Clinton ran, the one that looked the other way while its Secretary violated its policies regarding classified material, then tried to cover it up? That one—  has  admitted that a question from Fox News reporter James Rosen about the government’s secret discussions with Iran was deliberately edited out of a video to re-write history and deceive the public. The section related to secret meetings with Iran prior to the nuclear deal—you know, the one that Obama’s foreign policy advisor Ben Rhodes boasted about how it was foisted on the American people by duping the media. That one. When Fox News first flagged the missing exchange, Obama’s government dismissed it as a “glitch.”

You know. Like The IRS said that it couldn’t find Lois Lerner’s e-mails.

But this week, finding that it couldn’t stonewall any more, the State Department  told reporters  that “a staffer” had erased part of the footage from the December 2013 briefing before it was posted on the Internet. This censor reportedly did so, the State Department admitted, after receiving a phone call from an “unknown” department employee ordering him or her to do so. “There was a deliberate request—this wasn’t a technical glitch,” State now says.

Though they first said it was. When it wasn’t. To put everyone off the track. Because this is the most transparent administration ever, and has never had any scandals. None.

Do I seem annoyed? I am. Continue reading

Observations On Donald Trump’s Anti-Judge Rant (And The Selective Outrage Regarding It))

donald-trump

If I was still doing an “Unethical Donald Trump Quote Of The Day,” it certainly would have qualified. Here is Trump, blathering on, as usual,  at a rally about the case that is currently pending in federal court regarding the alleged charges that Trump University was a scam:

The trial, they wanted it to start while I am running for President. The trial is going to take place sometime in November. There should be no trial. This should have been dismissed on summary judgment easily. Everybody says it, but I have a judge who is a hater of Donald Trump. He’s a hater. His name is Gonzalo Curial. And he is not doing the right thing. I figure what the hell? Why not talk about it for two minutes. Should I talk about it? Yes? [cheers and applause] so we should have won. . . .

I am getting railroaded by a legal system, and frankly they should be ashamed. I will be here in November. Hey, if I win as president, it is a civil case. I could have settled this case numerous times. But I don’t want to settle cases when we are right. I don’t believe in it. When you start settling cases, do you know what happens? Everybody sues you because you get known as a settler. One thing about me, I am not known as the settler.

And people understand with this whole thing, with this whole deal with the lawyers, class action lawyers are the worst. It is a scam. Here is what happens. We are in front of a very hostile judge. The judge was appointed by by Barack Obama – federal judge. [Boos]. Frankly he should recuse himself. He has given us ruling after ruling, negative, negative, negative. I have a top lawyer who said he has never seen anything like this before. So what happens is we get sued. We have a Magistrate named William Gallo who truly hates us.

The good news is it is a jury trial. We can even get a fully jury. We are entitled to a jury, and we want a jury of 12 people. And you are going to watch. First of all, it should be dismissed. Watch how we win it as I have been treated unfairly. . . . So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . . .

A lot of people said before you run you should settle. I said I don’t care. The people understand it. And they use it. So when I have 10,000 people, and when we have mostly unbelievable reviews, how do you settle? And in fact, when the case started originally, I said how can I settle when I have a review like this? Now I should have settled, but I am glad I didn’t. I will be seeing you in November either as president. And I will say this. I have all these great reviews, but I will say this. I think Judge Curiel should be ashamed of himself. I think it is a disgrace he is doing this. I look forward to going before a jury, not this judge, and we will win that trial. We will win that trial. Check it out. Check it out, folks. You know, I tell this to people. November 28. I think it is scheduled for. It should not be a trial. It should be a summary judgment dismissal. . . .

It is a disgrace. It is a rigged system. I had a rigged system, except we won by so much. This court system, the judges in this court system, federal court. They ought to look into Judge Curiel because what Judge Curiel is doing is a total disgrace. Ok? But we will come back in November. Wouldn’t that be wild if I am president and come back and do a civil case? Where everybody likes it.

Ok. This is called life, folks. . . .

Now, we are told, “legal experts” are concerned that this rant “signals a remarkable disregard for judicial independence.” Freaking out entirely, Washington Post writer David Post (I guess he’s the paper’s son?) wrote..

“No, this is called “authoritarianism.” It’s what Berlusconi sounded like, what Chávez sounded like and what Perón sounded like — for that matter, it’s what Sulla and Caesar and the others who helped destroy the world’s first great republic sounded like: I am bigger than the law, I AM THE LAW.”

I have searched and I have searched, and darned if I can’t find Post expressing similar horrors when President Barrack Obama attacked the Supreme Court of the United States while misrepresenting its decision in Citizens United to its face, during the televised  State of the Union address in 2010.  The New York Times Adam Liptak, however, wrote at the time, Continue reading

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

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….