Ethics Alarms Poll: And Speaking Of Crazy Tweets And Incompetent Elected Officials, What Should We Make Of This From Rep. Waters?

Hmmmm.

Unethical Quote Of The Week: Ace Of Spades

“A major schism in the party is over the question of how much pretense we’re fighting to keep lying about. A lot of people seem to think that even though we’re plainly in a Cold Civil War, and even thought Joe and Mika spend three hours a day ripping Trump, Trump’s supposed to pretend we’re all (as John McCain says) Good Friends.I’m not saying Trump scored some tactical victory here. I’m saying, as I usually do- – who gives a wet shit?

How can the flailing old women of the Nominal Right huff themselves up so much to pretend outrage that a guy being attacked by the media everyday decides to occasionally attack them back?I understand the leftist media’s interest in pretending that they’re behaving normally and haven’t rewritten the professional code of conduct to allow attacks on Trump which would have been near-hanging-offenses on Obama.But what is the interest of the sissified Nominal Right over defending the media and pretending along with them?”

—-Cult conservative blogger Ace of Spades, rationalizing the latest embarrassing Presidential tweets,  hurling juvenile insults at the co-hosts of Morning Joe, those love birds Joe Scarborough and Mika.

I mentioned a few days ago that I was not an Ace fan. This kind of post is why.  I was going to skip commenting on today’s Trump obscenity, though the tweets were horrible even by his low standards [“I heard poorly rated @Morning_Joe speaks badly of me (don’t watch anymore). Then how come low I.Q. Crazy Mika, along with Psycho Joe, came……to Mar-a-Lago 3 nights in a row around New Year’s Eve, and insisted on joining me. She was bleeding badly from a face-lift. I said no!”], because I’ve written that post too many times, and I don’t see the point. Do I have to keep saying, again and again, that this guy has a flat learning curve, that his staff does him no favors by not  having an intervention and telling him this nonsense stops or they’re out the door, that such outbursts are the equivalent of  punching himself in the face with brass knuckles? Anyone who comes here  knows these tweets are idiotic, and is aware of what I’ve been writing about Trump since he was a fake Presidential candidate in 2011, and nobody who doesn’t come here cares what I say anyway.

But I  read too many of these excuses for Trump in the right-wing media, which are the flip side of the “How dare the President impugn our honesty and objectivity?” squeals from the left-wing media. Both show ethical obtuseness or worse, and both ensure that the news media and Trump will continue their equally atrocious, divisive and destructive behavior. Continue reading

The New York Times’ Lies About “Trump’s Lies”

In a grandstanding stunt that was even beneath the fallen role model of U.S. journalism, The New York Times printed what it claimed to be “the definitive list of Donald Trump’s lies” since his inauguration. To say the the list was itself full of lies, and that the over-all assertion that these were “Trump’s lies” was a misrepresentation, is not in any way to excuse the President’s lazy, careless, incompetent use of language, impulsive habits of communication, shockingly inept reasoning and  reckless tweeting. Almost all of the statements quoted by the Times contain misinformation, irresponsible opinions  or unwarranted conclusions, and it is dangerous and disruptive for any leader, indeed anyone, to express themselves this way. Nevertheless, the statements are not all lies. Most of them, in fact, are not lies.

Does it matter? It does. When the New York Times call a list “definitive,’ that list should at a minimum meet the definition of what the New York Times claims to be exposing. It does not. The definition of a lie is a “a deliberately false statement designed to deceive.”

If we assume that the New York Times knows what a lie is, and if the Times does not then it should have no credibility at all, since a journalist’s mission is to report the truth, then the list proves that the New York Times deliberately set out to deceive its readers.

At one point, the Times says,

“We are using the word “lie” deliberately. Not every falsehood is deliberate on Trump’s part. But it would be the height of naïveté to imagine he is merely making honest mistakes. He is lying.”

This is a self-contradictory statement. If a falsehood isn’t deliberate, then it isn’t a lie.

In presenting this unethical project, the Times took unethical advantage of its readers’ confirmation bias. When the “Lie” list was printed, the Times made certain that it would require super-human dedication and extraordinary eyesight to read it, through the devices of listing every item and the Times commentary in horizontal sequence and in half the usual size type-face. (See above) This ensured that almost no readers would make the Herculean effort to read the whole thing , especially since the well-trained Times readers already “knows” that Donald Trump is a liar. In addition, the explosion of tiny words created the visceral response of “Wow! Look at all those lies!” which is exactly the effect the Times editors wanted.

But that isn’t reporting, and it isn’t journalism. The “list” was a page-size, visual, ad hominem attack. The Times wasn’t seeking close scrutiny of its list, nor was it interested in making any rebuttal easy or likely.

We have learned that the Times list was largely assembled from various fact-checker columns. That is a red flag, and explains many of the most embarrassing inclusions on the list. None of the fact-checkers are trustworthy. All of them are biased, Snopes and PolitiFact worst of all, and they consistently register opinions that the writer disagrees with as “false.” Many, many of the items on the Times list are in this category.

I’m not going to go over the entire list here and distinguish between the lies and non-lies, though I have done the analysis. My template for an undisputed Presidential lie would be Bill Clinton’s “I did not have sexual relations with that woman”—he did, and he said this deliberately to deceive; and Barack Obama’s “If you like your plan, you can keep your plan” declaration that he made repeatedly to sell Obamacare to the American people in 2009. The “women make 77 cents for every dollar a man makes for the same job” is a fake statistic that both Clinton  and Obama (and Hillary and Bernie) used, but that would not qualify as a lie on my scale.  I think they believe it, or believe that it’s close enough to true that they aren’t lying when they refer to it. Many of the “lies” on the list fall into this gray area. Of course, the Times never set out to list all of Obama’s lies, or Clinton’s, because they never wanted to suggest either of them were untrustworthy, though a good argument could be made that Clinton was, and Obama regularly engaged in deceit and misrepresentation. To its credit, the Post’s Factchecker did create a list of outgoing President Obama’s “Top Ten Whoppers.”

Many statements that Obama made that were much like dozens of the items on the Trump list were never called “lies” in the mainstream media, as when he attacked the Supreme Court and the Citizens United ruling in a State of the Union address by saying that the decision “will open the floodgates for special interests”…“ including foreign corporations”…” to spend without limit in our elections.” (Justice Alito was seen mouthing “not true” and shaking his head.”)

Unfortunately for the Times, listing “Trump’s lies” chronologically exposed the dishonest and biased nature of the exercise from the start. The first three “lies” are not lies.: Continue reading

( PSSST! The Supreme Court Just Unanimously Pointed Out That The Courts Blocking The Trump Temporary Travel Ban Were Playing Partisan Politics, Not Objectively And Ethically Doing Their Jobs)

As many predicted (including me), the Supreme Court unanimously slappped down the lower court injunctions based on claims that the Trump temporary travel restrictions on six Muslim countries were unconstitutional, writing,

But the injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant hardship on the foreign national himself. See id., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country,they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.
At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v. Humanitarian Law Project, 561 U. S. 1, 28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

…The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000 person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.

Got that?

“To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.” Continue reading

Morning Ethics Warm-Up: 6/23/17

1. When I am forced to be away from Ethics Alarms for a long time, as was the case yesterday, it often renews my musings about whether I respond too much to reader comments. Everyone generally does just fine when I’m silent, and sometimes I find that fascinating and unexpected new topics have not only sprung from whatever ethics fertilizer I left behind,  but have grown and flourished like bamboo.

Unfortunately, I have also noticed that there have been a lot ( as in “too many”) of extended arguments between commenters that not only extend beyond reasonable limits, but also explode into personal attacks. I admit that Ethics Alarms is, for a moderated blog, unusually tolerant of this phenomenon. One reason for that is that sometimes such epic confrontations are both entertaining and enlightening, as when liberal commenter and Ethics Alarms immortal tgt and uber-conservative commenter Steven J. Pilling engaged in the Ethics Alarms equivalent of the Lincoln Douglas debates, only occasionally snapping and calling each other names.

However, while the occasional emotional outbursts are excusable, they should be rare. Reprimanding a commenter for  commenting style and habits is certainly fair, but doing it repeatedly is boring; and I want to remind everyone that while it is often frustrating, allowing someone to have the last word is not capitulation, especially when that last word is not particularly persuasive.

We also owe ourselves and everyone else self-awareness. When a commenter finds himself or herself repeatedly embroiled in long, heated exchanges, that commenter should consider the possibility that he or she is the problem.

The general principle is that we should strive to have all comments contain substance that advances the discussion. “You’re an asshole” is occasionally justified (when a comment has objectively revealed a commenter to be an asshole, and even then is not mandatory), but rarely.

2. When President Trump issued his trolling tweet about James Comey and the possibility that there were “tapes” of their conversations, I wrote that it was the President’s dumbest tweet to date. (I think he has made worse ones since, but at this point any tweet by the President is evidence of crippling stubbornness, impulsiveness and bad judgment). I did not think that what was obviously a bluff without substance would still be considered a headline-worthy issue many weeks later. Continue reading

Morning Ethics Warm-Up: 6/22/17

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

Morning Ethics Warm-Up: 6/19/2017

1. The number of pundits, talking heads and formally respectable citizens on social media who have implied, suggested or come outright and said that Rep. Steve Scalise deserved to be shot because of the political positions he espouses should be an ethics alarms trigger for progressives and Democrats, but so far has not been. MSNBC’s Joy Reid:

“[I]t’s a delicate thing because everybody is wishing the congressman well and hoping that he recovers, but Steve Scalise has a history that we’ve all been forced to sort of ignore on race,” Reid said. “He did come to leadership after some controversy over attending a white nationalist event, which he says he didn’t know what it was.

He also co-sponsored a bill to amend the Constitution to define marriage as between a man and a woman. He voted for the House healthcare bill, which as you said would gut health care for millions of people, including three million children, and he co-sponsored a bill to repeal the ban on semi-automatic weapons.

Because he is in jeopardy and everybody is pulling for him, are we required in a moral sense to put that aside at the moment?”

What? What’s a “delicate thing?” Absolutely opposing and condemning people shooting elected officials they disagree with is a delicate thing? It’s not a delicate thing at all. It is an ethically mandatory thing. Reid, and all the seriously ethics-deficient people on Facebook calling Scalise’s shooting “karma” are rationalizing assassination and violence, using weasel words. They are beneath contempt at this point in their lives, and need to be told so, repeatedly, until they get some help. They are directly validating violence as a legitimate political tactic.

2.  It will be very difficult to convince me that the horrific increase in opioid addiction and related deaths is not at least partially fueled by the surrender of the culture to the pro-pot lobby. I have long predicted this would happen once the government gave its blessing to recreational drug use on any level. The logical jump from “using this drug that incapacitates you and makes you unproductive, stupid, and a burden on society is just fine,” to “using this drug that makes you even more unproductive and might kill you is a crime  because it’s bad for society” is too great for a lot of people, and we already knew that. Never mind: the  well-to-do pot heads will never admit they were wrong, and this is an especially vicious genie that will not be tricked back into its bottle.

Salon has a list of proposed policy measures to combat the opioid epidemic. Not surprisingly, “Stop glamorizing and enabling recreational drug use” is nowhere to be found. Continue reading

Morning Ethics Warm-Up: 6/17/2017

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.

2. There were two significant criminal trial verdicts yesterday: the guilty verdict in the trial of  Michelle Carter, a Massachusetts woman charged with murder for using text messages to persuade her teenaged boyfriend to kill himself, and the acquittal of the Minnesota police officers who shot and killed black motorist Philandro Castile during a traffic stop. I’ll cover the Carter case later.

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

Yet Another Comment Of The Day On “Comment of the Day: ‘Morning Ethics Warm-Up: 6/14/17’”

Steve-O-in NJ continues the very topical discussion of hate and partyism in our society. This story from yesterday is on point: increasingly Americans regard those supporting different parties as unfit for friendship, marriage, and other forms of association. I have been writing about this trend for almost two decades; it has accelerated greatly due to social media, the increasing bias and incompetence of the news media, divisive political leaders and bad luck. Democracy cannot thrive or even survive in an atmosphere of such distrust. This should be obvious, and as I have observed elsewhere on Ethics Alarms, those who are feeding the hate and distrust appear to bee doing so deliberately for some imagined political gain. This is madness.

More stories surface every day showing members of the political class embracing the madness. Like this one, about a Democratic strategist who has started promoting the hastags #HuntRepublicans and #HuntRepublicanCongressmen. on Twitter. “We are in a war with selfish, foolish & narcissistic rich people,” wrote James Devine on Twitter. “Why is it a shock when things turn violent? #HuntRepublicanCongressmen.” A Democrat who has has run for office, consulted for numerous New Jersey candidates, and worked for New Jersey lawmakers, Devine said in an interview, “If you want to invite a class war, then you have to expect people to fight back at some point.”

Wait….Bernie Sanders is a Republican? All those people cluttering up Wall Street vilifying the “1%” were conservatives? Republican Congressmen called citizens who wouldn’t fall into line “deplorables’? 

This is the latest rationalization I have been seeing on Facebook: Donald Trump has made Democrats act like spoiled street gang members. How? Why, by having the audacity and bad manners to win the election, of course. Here was Peggy Noonan correctly diagnosing the phenomenon:

Here I want to note the words spoken by Kathy Griffin, the holder of the severed head. In a tearful news conference she said of the president, “He broke me.” She was roundly mocked for this. Oh, the big bad president’s supporters were mean to you after you held up his bloody effigy. But she was exactly right. He did break her. He robbed her of her sense of restraint and limits, of her judgment. He broke her, but not in the way she thinks, and he is breaking more than her.

We have been seeing a generation of media figures cratering under the historical pressure of Donald Trump. He really is powerful.

They’re losing their heads. Now would be a good time to regain them.

They have been making the whole political scene lower, grubbier. They are showing the young what otherwise estimable adults do under pressure, which is lose their equilibrium, their knowledge of themselves as public figures, as therefore examples—tone setters. They’re paid a lot of money and have famous faces and get the best seat, and the big thing they’re supposed to do in return is not be a slob. Not make it worse.

By indulging their and their audience’s rage, they spread the rage. They celebrate themselves as brave for this. They stood up to the man, they spoke truth to power. But what courage, really, does that take? Their audiences love it. Their base loves it, their demo loves it, their bosses love it. Their numbers go up. They get a better contract. This isn’t brave.

Today, on Facebook, my wife intervened in a liberal echo chamber exchange among women saying they were going to boycott a local department store because it sold Ivanka Trump’s merchandise.  She pointed out that this was unfair and made now sense, and kept batting away various rationalizations offered by the women, who were lawyers. Finally one wrote, “Ok, I admit it. I just hate Donald Trump.” That was the best and only argument she had.

This is both admitting bigotry and being so comfortable with it that you accept it.

Here is Steve-O-in NJ’s Comment of the Day on the post, “Comment of the Day: “Morning Ethics Warm-Up: 6/14/17”: Continue reading

Okay, We Know The Shooter Was A Member Of “The Resistance”…Now What?

You can now see the shooter’s anti-Trump, pro-Bernie Facebook page, since he has been identified. It’s filling up with so many hate messages so quickly that the thing crashed my browser. In the realm of brazen virtue signaling, writing hateful messages to dead people on their Facebook pages ranks high.

James T. Hodgkinson III, 66 (above), whom the Post formally calls “the suspect” (he was shot while firing at the Republican Congress members who were at their baseball practice) appears to have fit one of the three categories of potential shooters I unfairly, impulsively thought would be responsible for the attack.  He was a member of “the resistance,” the “Not my President” group including many prominent public figures, celebrities, pundits, the Democratic Part leadership, distinguished professional and educators, millions of students  and Hillary Clinton ,who have vowed to undermine, block and remove President Trump by any means necessary, using fear, inflammatory language, rumors, Big Lies, trumped up accusations, absurd legal theories and unprecedented insults and ridicule to poison public opinion.

Hodgkinson could have been a random madman, but he wasn’t.  What does this mean? What conduct does it suggest on the part of the public, the nation and its leaders?

1.  One can credibly argue that it is unfair to connect this incident to the non-stop hate focused on President Trump, and by extension his party, since November 8. One could also credibly argue that man-made pollution hasn’t been proven to influence climate change.

All I know is that I have, as Ethics Alarms documented the extraordinary push to “otherize” this President since the election and the disgraceful efforts to undo the will of the people as expressed at the ballot box, repeatedly warned that this was dangerously divisive, destructive to society and our democracy, and that if it didn’t stop, violence was all but inevitable. (I have been far from the only one to issue this warning, both here and elsewhere.) I concluded that if “the resistance” continued demonizing President Trump, and by extension his supporters, this kind of thing would happen. It happened. It happened shortly after the violent imagery surrounding the President had escalated in recent weeks. Maybe it is a coincidence. I doubt it.

I expect progressives of integrity to cease their denials and address the issue honestly, as they have largely failed to do so far. Continue reading