1 On Facebook, many of my progressive friends literally expressed glee at yesterday’s indictments, especially at the charge that Paul Manafort had engaged in “conspiracy against the United States.” Lots of social media users were expressing similar sentiments, the thrust being that they were excited that two individuals who worked for the Trump campaign were facing criminal charges…simply because they worked for the Trump campaign. This cackling mob hadn’t read the indictment, or if they did, they didn’t understand it. They just were engaging in free-standing hate by association.
The reaction is not sort of like, but exactly like, what I called the “Ugliest moment of election night”: Trump’s crowd chanting “Lock her up!” as the upset electoral victory approached. Criminalizing the political process is not the way of democracy, and rooting for people’s lives to be ruined because of their partisan alliances is disgusting. Who among the people so thrilled to see Manafort and former Trump campaign foreign policy advisor George Papadopoulos being prosecuted know anything about them other than the fact that they worked for the President’s campaign? What do they think justifies cheering their indictment? Papadopoulos pleaded guilty for lying to the FBI about when he tried to meet with Russians claiming to have damning Hillary Clinton e-mails—which, I hope you know (and I bet the Facebook mob doesn’t) isn’t a crime.
Last night, Stephen Colbert, the full-time attack jester of “the resistance,” said of the indictments, “I know it’s almost Halloween, but it really feels more like Christmas!” What an idiotic and hateful thing to say, as well as a statement that is misleading to his audience, who naturally would think that the action implicates the President and the White House in something. (It doesn’t.)
2. Colbert also engaged in gratuitous race-baiting, because dividing the country along racial lines and promoting racial distrust is apparently what progressives think is funny and cool. Noting that the charges against Paul Manafort were filed on Friday but that he didn’t have to turn himself in until Monday Colbert smirked, “Wow, we white people really do get arrested differently.” The “joke” is untrue, and racist in its own implications, suggesting that only whites commit white collar crimes and are regarded as low flight risks, while blacks commit the violent crimes and robberies that lead to immediate arrests.
These are ugly, mean-spirited people, poisoned by ugly, mean-spirited thoughts.
You can quote me.
3. Judge W. Mitchell Nance, a Kentucky judge,resigned after judicial ethics charges were filed against him as a result of his refusing to preside over any same-sex couple adoption cases. Nance announced that he would not participate in gay adoption matters in April, when he issued an order saying he was recusing himself from such case, arguing that adoption by a gay couple would never be in the best interest of a child.
The judicial misconduct complaint filed last month argued that Nance’s order violated the judicial ethics canons requiring judges to promote confidence in the integrity and impartiality of the judiciary, to be faithful to the law, and to refrain from showing bias or prejudice.
1 Here is the complaint issued against former Trump campaign official Paul Manafort, as well as an associate of his I had never heard of before. This is the big news that sent the “Hooray! Trump is about to be impeached!” fantasists into near orgasms over once it was leaked—leaks from investigations are unethical—that Special Counsel Mueller had finally found someone to charge.
There is nothing in the complaint, literally nothing, that relates to “Russiagate,” the 2016 election, the Trump campaign, collusion, or anything else that was among the original justifications for this exercise. I couldn’t even find the name “Trump” anywhere in its 31 pages, but my “Find” function wasn’t working very well. There may be one or two.
I have no ethical problem with charging individuals with crimes that are discovered during the course of an investigation, even if the investigation was ostensibly about something else.
2. I assume that Manafort, who sure appears to be in big trouble, will be given a chance to cut a deal if he has something significant to reveal that would implicate the President or others in the administration in wrongdoing. In the strange psychology of the Trump Deranged, this means that the end is near for the President, because they just know that he was colluding with the Russians. They just know, that’s all. In fact, if there was no illegal activity involving the campaign, and there is no evidence that there was, the fact that Manafort will have the opportunity to “roll over” on the President doesn’t mean there is anything to roll over about. The fair presumption should be that there isn’t, until there is. Continue reading →
“Nice little airline you got there. Too bad if anything were to happen to it…”
The NAACP has hit on a new, unethical and brilliant extortion tactic. The venerable civil rights group issued an advisory warning calling for black travelers to be cautious about flying on American Airlines. This prompted the airline’s chairman, in response, to announce that the company does not “and will not tolerate discrimination of any kind.” In a previous advisory, the organization told African-Americans to stay out of Missouri. Next, it will tell them not to watch Fox News.
The NAACP attributed its warning to what it called “a pattern of disturbing incidents reported by African-American passengers, specific to American Airlines.” It cited four incidents as examples that “suggest a corporate culture of racial insensitivity and possible racial bias on the part of American Airlines.” Four incidents, of course, do not suggest a corporate culture or a pattern. How many white or Asian flyers have had similar confrontations? The NAACP doesn’t care, and I doubt it bothered to find out. The man who was dragged off a United flight in April was Asian. The female passenger who was allegedly struck by an American flight attendant earlier this year was white. I consider myself abused by every airline I fly. Unfortunately, since I’m a Greek American, my only recourse is to conclude that the reason for my discomfort is that the industry is callous and incompetent, and its employees are poorly trained and supervised. If I were black, I would know my treatment was based on race. Continue reading →
(This is my favorite Arthur Sullivan hymn, even more than “Onward Christian Soldiers”…)
GOOD MORNING!
1 CBS’s “Sunday Morning” had a feature today on the late Charles Kuralt, the original host of the show, famous for his feature “On the Road” in which Kuralt visited “the real America,” meeting locals and revealing regional lore to the rest of the country. At the end of today’s segment, CBS bemoaned the fact that Kuralt, who died 20 years ago, was virtually forgotten, even among journalists if they had no grey in their hair.
This is an example of a larger crisis, cultural illiteracy, that often occupies my thoughts. The blame lies with our inadequate schools and its under-educated teachers, as well as popular culture. Barely knowing anything about George Washington, the root of the previous post, is an existential problem, but only slightly more dangerous are the multiple generations whose member can’t name ten U.S. Presidents, don’t know the dates of the Civil War or who the US defeated in World War II, and who have never heard of Jackie Robinson, Clarence Darrow, Brown v. Board of Education, Eugene McCarthy, Ingrid Bergman, or Lucille Ball.
CBS, however, was indulging its own special breed of disinformation by lionizing Kuralt. Yes, I remember well his plummy voice and avuncular style. I also remember, as CBS would have us forget, the fact that after his death it was revealed that being “on the road” allowed Kuralt to maintain one family in Montana and another, his official one, in New York City. His innovative proposal to CBS to fund his trek back and forth over the contiinent facilitated his betrayal of his family. Kuralt was a sociopath.
2. The most significant ethics story of recent weeks that I have thus far neglected was the announcement that Great Britain’s National Health Service will ban patients from surgery indefinitely if they are obese or smoke. Non life-or death operations, like joint replacements, will be put on hold until such patients conform to the governement’s life style requirements
Obese patients “will not get non-urgent surgery until they reduce their weight” unless the circumstances are exceptional. Smokers will only be referred for operations if they have stopped smoking for at least eight weeks, with such patients breathalyzed before referral.
When the newly radicalized and Bernie-ized Democratic Prty going all-in for single-payer next year, this cautionary tale needs thorough debate. When the government controls health care, it has the power to constrict personal liberty. The British were horrified by this latest development, which can only be described as the other shoe dropping. What did they expect?
Of course, a party that controls a government that can withhold surgery until citizens conform to mandated life choices would never use that same power to demand other behavior from citizens. Or assign priorities for surgical procedures to favored groups and constituencies.
“[Megyn] Kelly happily trafficked in racist tropes for profit…asking repeatedly whether the deaths of Eric Garner and Michael Brown were necessarily related to race..
Nope. I can’t let this pass, and will never let this pass again. The context doesn’t matter: Lindy West’s statement above is a lie, and deliberately perpetuate a falsehood to mislead Times readers, or perhaps to encourage them to mislead others. The New York Times editors should not allow lies the paper’s pages, not in news stories, and not from pundits. West can, if she chooses, state the factually untenable opinion that she believes the deaths of Garner and Brown were based on race. She cannot state that the position that their deaths were not based on race is a “racist trope,” which requires facts and evidence showing that either or both deaths were race-related.
There is no such evidence in either case. None, Not a shred, not an iota. Lindy West is calling Megyn Kelly a racist based on an assumption she holds because it is cant within her circles despite no evidence whatsoever. That is unethical punditry, and no responsible newspaper should allow such falsity in print. Continue reading →
1 I have long been an admirer of Arizona Senator Jeff Flake, who is one of the few members of Congress, more’s the pity, who will stick to his principles even when they pit him against his own party. However, his freak-out and verbal attack on President Trump accomplish nothing positive (unless you consider making Democrats happy positive) and at this point constitute pure self-indulgence and, yes, these words are coming up a lot lately, virtue-signalling and grandstanding. I have no sympathy for Flake, Senator Corker, or any other Republican leaders who stood by and allowed Donald Trump to hijack their party. The time for Flake to take a stand was last March, or even earlier. Ethics Alarms stated that the GOP shouldn’t have let Trump into the debates or on its ballot. I said that he should have been kicked out of the debates when he began trashing the party, and when he became disgustingly boorish and uncivil. I explained that it could have and should have refused to nominate him by changing the rules. The party had a duty to the country to present a competent, trustworthy alternative to the corrupt, venal, dishonest candidate the Democrats were going to nominate: everyone knew who that would be. Instead, the GOP sold its soul. Jeff Flake now says that Trump is reckless, outrageous and undignified? Who didn’t know that? I assume the President’s voters knew that. On Ethics Alarms, I wrote about those Trump character traits in 2011.
It is particularly galling for me to read Flake’s attack on Trump in the Washington Post today, which begins, “As I contemplate the Trump presidency, I cannot help but think of Joseph Welch.” In fact, it makes me want to scream helplessly at the sky. In this Ethics Alarms post, I invoked Welch’s famous televised slap-down of Joe McCarthy before the first Republican candidates debate, and concluded “If someone doesn’t at least try it, none of these 15 non-Trumps are smart enough to be President.” I wrote that on September 16, 2015.
Senator Flake is like a Senator going to Honolulu in December of 1942 and proclaiming that the Japanese can’t be trusted. He deserves no sympathy or support now.
He should have been reading Ethics Alarms.
UPDATE: My friend and frequent ProEthics collaborator Mike Messer called this “flake news.”
2. I haven’t had time to thoroughly unravel what yesterday’s revelation that Hillary Clinton’s campaign funded what became the infamous “Russian dossier” means. A couple of points, however, Continue reading →
1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:
I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:
For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.
This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.
Let’s clear the runway; flights are being delayed…
1 Please, somebody do me a favor and read Fattymoon’s Medium piece on why he doesn’t comment here any more. Let me know what it says. I don’t know if it’s another “I hate Jack” web piece, but I have feelings too, and miles to go before I sleep. He should have posted it here, and assuming it is as quirky and thoughtful as many of Fatty’s posts were, I might have made it a Comment of the Day. Posting it elsewhere without a heads up is a Golden Rule breach.
2. Jamelle Bouie’s racialist demagoguery in Slate is an ongoing embarrassment to the once readable web-mag, and in a recent exchange on Twitter, he showed that he’s not too quick on the uptake either. Tweeting about the planned hit job on the President plotted by Rep. Wilson and an angry, grieving anti-Trump Gold Star wife. Bouie wrote,
“Trump and the White House have an unmistakable pattern of going after prominent black women.”
Quick! Hands: who believes that if the Democratic Representative who accused the President of being insulting on his condolence call had been a white male, Trump would have behaved any different? Anybody? This is Bouie personified: he will engage in race-baiting no matter how forced, unfair and absurd it is.
I’m not a Ben Shapiro fan, but the conservative pundit knows a hanging curveball in his wheelhouse when he sees one. He responded,
“Yes, McCain, Hillary, Barack Obama, Cruz, Jeb!, Rosie O’Donnell, Kim Jung Un are all black women”
And he didn’t even mention Bob Corker!
Exposed, owned, embarrassed and squashed, a wiser, smarter progressive would know enough to shut up and allow his idiocy to be gently wiped from cultural memory by the sands of time…like in about ten minutes. But no, Bouie shoots back,
“Nice. A retweet from Honest Conservative Ben “The genocide of Native people’s was Actually Good” Shapiro”
YES! A perfect example of a real, genuine, ad hominem attack, the kind that says, “I have no rebuttal for your devastating argument, so I’m just going to say that you’re personally horrible, so your arguments don’t count.” I’ve gotten so sick of explaining to commenters that their accusations of ad hominem are mistaken and ignorant that I put a warning in the Comments guidelines. “Your argument is idiotic, so I think you are an idiot” is not ad hominem (not nice, but not ad hominem). “You’re an idiot, so your argument must be idiotic” is ad hominem. Now I have a perfect example–from an editor at Slate! (If you think ad hominem is logical, then you are unqualified to be an editor, even if you aren’t a race-baiting anti-white bigot.)
Not surprisingly, Shapiro knocked this one out of the park too, tweeting,
“Thanks for the ad hominem non sequitur, guy who says every Trump voter is an evil racist”
3. If there was any doubt that John McCain’s recent escalation of his anti-Trump, burr-under-the-saddle, “I’m going to make you rue the day your denigrated my prisoner-of-war heroism” campaign is personal and motivated by revenge, his gratuitous swipe at the President’s deferment from the draft almost 50 years ago should eliminate it. That is personal, it is a cheap shot, it is intentionally disrespectful, and it is deliberately throwing raw meat to the President’s enemies.
It is also a Golden Rule breach: how would McCain react if Trump referenced the Keating Five scandal just to impugn McCain?
A lame duck who may well be dying, McCain has apparently decided that he can misbehave, settle scores, and undermine his party’s President with impunity. Somebody should tell him that he is dismantling his own reputation and legacy in the process, revealing himself as petty, vindictive, and willing to place his own vendetta over national interests and his duty as a U.S. Senator.
4. While we are mentioning embarrassment, it appears that the news media is not yet embarrassed by treating as substantive news the self-evident set-up and subsequent escalation of a non-incident into another manufactured anti-Trump race scandal . It should be. Imagine: yesterday all of the Sunday talking head shows gave far more time to this transparent hit-job than to the revived Russian influence allegations involving the Clintons. ABC and NBC have yet to mention that story at all; CBS, five days after it broke, gave a few seconds to it on “Face the Nation.” The excuses for this from journalists sound an awful lot like “Hey! We buried this story once; she shouldn’t have to report on it now.” FACT: As of this moment, there is more public evidence suggesting that Hillary Clinton was colluding to help the Russians than there is to suggest that President Trump did anything improper in that regard.
Back to the Rep. Frederica Wilson smear-job: The Congressional Black Caucus called for Chief of Staff John Kelly to apologize for his remarks defending the President. “We, the women of the Congressional Black Caucus, proudly stand with Congresswoman Wilson and demand that General Kelly apologize to her without delay and take responsibility for his reckless and false statements,” the female lawmakers said in a statement.
The wife of the late La David Johnson, meanwhile, has been making the rounds of talk shows. To recap: a woman who was determined to hurt Trump made sure that a Congressional Black Caucus member who had boycotted the President’s Inauguration was listening in on his condolence call, then collaborated on accusations of disrespect. When Trump denied their characterization–at best an example of likely confirmation bias if there ever was one —he was accused of racism, since both women are black. Then other members of the Caucus expanded the attack to Trump’s Chief of Staff, implying that he is racist as well.
This might have been a bit more convincing if the entire Caucus hadn’t declared their revulsion at Trump before he took office. Who believes that any criticism from this quarter is anything but cynical, political, and unfair? Meanwhile, as this was going on, esteemed CBC member Maxine Waters declared that she was going to “take out” the President, presumably not meaning that they were going on a date.
I note that even many of my Democratic, anti-Trump Facebook friends are rolling their metaphorical eyes at this one. Some of them—many, in fact— are still capable of feeling sympathy when a President is being mistreated.
5. I’ve been getting better at suppressing my head explosions, and just in time: Harvey Weinsteinhas supposedly completed rehab for his sex addiction already. What was that, less than a week? What an insult to everyone’s intelligence for Weinstein to say he was getting “help” for his “problem.” It couldn’t have been too much of a problem if it could be fixed in few days. The other side of the ethics coin is this: going into rehab has been the routine PR response whenever a Hollywood figure misbehaves. We should thank Harvey for making it clear for all time that this is often, perhaps usually, a cynical sham. Continue reading →
I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.
Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.
Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo, to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.
Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:
[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa Bloom was demeaning to head-explosions. I concur.]
The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy. I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading →
1 Yesterday’s ethics bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons, decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.
Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.
This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),
demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
sent the message that if you were a big enough cheese at Fox you can get away with abusing women
proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.
Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]
How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.
O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!
2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.”
Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.
Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses. Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.
3. How can this happen? Why is it happening? Who defends this? How long will it continue?Continue reading →
Ethics Alarms 