Instagram Busts A Lawyer’s Lie

New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse.  Luckily, Franco had an excuse, or so she thought.  She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.

Let’s call this particular social media gaffe Ferris Bueller’s Mistake.  For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that.  There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.

Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the  false itinerary.

Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading

Morning Ethics Warm-Up, 5/2/18: Dictators, Wizards, Liars and Abusers [Updated]

Good morning!

1 Housekeeping matters. For some reason, I know not what, there was an outbreak of contentious discussion regarding Ethics Alarms administration in a couple of threads yesterday. I think everything covered or complained about is covered in the Comment Policies above, but just for the record:

  • I handle the moderation here. Only me.
  • Though it might appear otherwise to some, I do not spend my day glued to Ethics Alarms. Thus on days like yesterday, when I had an early morning CLE session to teach in D.C., followed by one  law firm client emergency after another, I did not see any comments at all from 1am to 6 pm. Thus the hysterical and indignant “Why did you delete my comment?” outbursts and the “How dare you allow that rude comment to stay on the site?” and the ultimata springing therefrom were especially silly, unfair, and ill-informed.
  • I am not your Moderation Monkey. Don’t command me on how to police my own site. Thank you.
  • As I have written many times, occasionally a comment from an approved participant gets spammed for no good reason. Sometimes WordPress, for no apparent provocation, starts spamming the comments of visitors here who have been commenting for years. Sometimes such commenters have had to change their screen names as a result. None of this has anything to do with me: I can’t control it, or predict it. The calm, reasonable commenters faced with this crisis generally e-mail me, then I search the spam archives, find the lost post, send it to moderation, and approve it.
  • I do not delete posts from approved commenters. The exception is when I ban a commenter permanently, or give one a time out, which is a temporary ban or suspension, in which case the commenter is always warned in advance.
  • I expect discourse here to be civil, but will excuse momentary and periodic lapses and outbursts from veteran commenters (and me, of course), in direct proportion to their time here, level of participation and constructive value to the mission. Individual quirks will also be taken into consideration.

2. Remembering the David Manning Liar of the Month: A commenter who hails from the old Ethics Scoreboard days recently referenced the feature there called the David Manning Liar of the Month. A David Manning-style lie is a statement that the speaker or writer can’t possibly expect anyone to  believe, thus raising the question of whether it is a lie at all. (Sony spawned the award by excusing its use of a fake film reviewer it named David Manning to rave about terrible movies in ads,  claiming that nobody believed such excerpts anyway.) If Ethics Alarms had the same feature, President Trump would obviously dominate it, as I was reminded this morning. The President’s ex-physician, Dr. Harold Bornstein. bitter over his ejection from the Trump Court, revealed that Trump himself had dictated the absurd letter in which the doctor attested, Continue reading

The Paid Expert Witness Problem [UPDATED And CORRECTED]

“Check enclosed…”

When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.

Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client  a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.

But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading

Stelter, Wolf, And The Mainstream News Media Unmasked

NBC says that many journalists at the White House Correspondents Dinner were embarrassed and angry about her ugly attacks on the President, his family, and his staff, as you can plainly see from the reaction of the guests to the comic after her performance….

Observations on an ethics fiasco:

1.  I can’t decide if I regret not writing about Brian Stelter’s self-rebutting, smoking gun screed  excoriating the President for not attending the annual White House Correspondents Dinner before the dinner took place, as was my original intention. It looks even more ridiculous after the dinner, which, as even a fool could have predicted, was a festival of Trump-hate. One reason I didn’t write it earlier was that I had written essentially the same post earlier this month,  after two Washington Post writers criticized the President for not throwing out the ceremonial first pitch when the Washington Nationals opened their season. I wrote in part,

Boy, you can’t get much more intellectually dishonest than this. Gee, why wouldn’t the President subject himself to loud, open-air jeering from the majority of a crowd of 40,000, a demonstration of contempt that would be played over and over on CNN, MSNBC,  NBC, CBS and ABC, with mocking commentary? What a puzzlement! I have no theories, do you?… Boy, I cannot imagine why President Trump wouldn’t be eager to walk into this trap. The dishonest authors of the Post article,

They want to see the President embarrassed, and are disappointed that he isn’t so foolish as to allow himself to be…

Well, I was wrong. You can get more intellectually dishonest, and CNN’s hack media critic, Brian Stelter, was just the man for the job.  In an essay that managed to pretend that the journalists at the event, including him, hadn’t spent three years denigrating and ridiculing Trump personally and 18 months trying spin the news to drive him out of office, he wrote in part,

Presidents don’t always want to show up and tell jokes and socialize with the press corps, but until now it’s been a part of the job in the modern media age.

“Historically presidents have felt that it’s important to send the signals, both to Americans and to the rest of the world, that they support this sort of quintessential part of American democracy, the First Amendment,” correspondents association president Margaret Talev said on CNN Saturday morning.

Trump evidently believes it’s politically advantageous to snub the affair and hold a rally instead. “Big crowd tonight, will be live on T.V.,” he tweeted on Saturday morning.

Well, he certainly doesn’t believe it’s politically advantageous to walk into an event where he has a target on his back, and have to sit quietly with a forced smile while everyone laughs as he is humiliated and insulted. Until now, it has been part of the job of journalists covering a presidency in any age to display a base level of respect for the man in the office, because he is in the office. Before Trump, journalists could be expected to treat Presidents with respect at least for a single night. Not now. Who would not assume that last night’s dinner would be a Trump-bashing orgy whether he attended or not? Is Brian Stelter unethical beyond belief, or is he just stupid? I have frequently wondered, and his article made me wonder more. The President isn’t doing his job by not allowing vicious and unethical journalists to undermine him in a public display of contempt? I am grateful to the President for avoid such an embarrassment for the office and the nation.

As for Taley, whom we will hear more of later, what self-serving crap.  The news media has disgraced itself and its mission, and neither President Trump nor any American citizen should support the way today’s journalists abuse their special status. Trump would be a hypocrite to help corrupt and biased journalists celebrate their poisoned craft, and to applaud while they pat themselves on the backs for misinforming, inflaming and dividing the American public.

2. Then came the actual dinner, and it was worse than even Trump could have imagined. Gee, Brian,  now what do you say? Were you shocked? Really? You couldn’t see this coming? Can you see now that the President was wise—not that it took any great feat of analysis, though it was obviously beyond your meager intellect— not to force Americans like me—you know, those who respect the office and still are stirred when they hear “Hail to the Chief” no matter who the Chief is—to see the office denigrated and insulted while arrogant, entitled, ink-stained wretches guffawed? He had a duty not to attend. Do you understand now?

3. As I noted in yesterday’s warm-up, the hired entertainment, deliberately recruited from the cabal of anti-Trump cable and network comedy shows, delivered as she was expected to, and was uniformly vile, even to the members of the White House staff who were the journalist’s guests. The representative Ethics Dunce for the fiasco was Bloomberg correspondent and president of the association Margaret Talev, who dropped one astoundingly disingenuous statement after another to rationalize it.

“My goal in putting together last night’s dinner was to unify the room and the country around journalism and the First Amendment, and I shared what I believe about those subjects in my own remarks,” she said at one point. Yeah, having the President of the United States called a pussy, a Nazi, a racist, a misogynist,  xenophobic,  unstable, incompetent and impotent is obviously the way to do that. After Michelle Wolf’s ugly act was widely panned, Talev said,

“The association, by tradition, does not preview or censor the entertainer’s remarks. Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Ugh: Continue reading

Wow! MSNBC’s Joy Reid May Have Given Us The Biggest Jumbo Ever!

The fact that MSNBC continues to employ Joy Reid, so unethical in so many ways,  would be sufficient all by itself to justify never trusting the network. Just in case her racebaiting, bias and hate-mongering weren’t enough, however, now she has issued a mind-blowing Jumbo of such magnitude and audacity that it is impossible to deny that either she is willing to lie about anything, or in the alternative, is nuts. There do not seem to be any other explanations.

On Ethics Alarms, a Jumbo is the term for a desperate, ridiculous lie that insults the intelligence of all who hear it. The term comes from name of the elephant Jimmy Durante was trying to sneak out of the circus in Billy Rose’s eponymous Broadway extravaganza “Jumbo,” when he was stopped by a sheriff, in the show’s most famous moment. “Where are you going with that elephant?” demanded The Law. “Elephant? What elephant?” answered the Schnozzola, innocently. But Reid’s Jumbo out-Jumbos Jimmy.

It all began last December, when some homophobic posts on Reid’s old blog surfaced. Then she issued a self-contradictory apology, flagged in this Ethics Alarms entry. but it turned out that there were more such posts to be found. Six days ago, the media site Mediaite uncovered more posts by Reid that were critical of homosexuality and gays, from The Reid Report, a now defunct blog that Reid authored long before she became a warrior of “the resistance.”  They were originally tracked down and shared on Twitter by sleuth Jamie Maz, who found them using the internet archiving service, the Wayback Machine, which takes screenshots of frequently trafficked web pages to preserve them. Reid’s response was to deny that she wrote the posts:

“In December I learned that an unknown, external party accessed and manipulated material from my now-defunct blog, The Reid Report, to include offensive and hateful references that are fabricated and run counter to my personal beliefs and ideology.

I began working with a cyber-security expert who first identified the unauthorized activity, and we notified federal law enforcement officials of the breach. The manipulated material seems to be part of an effort to taint my character with false information by distorting a blog that ended a decade ago.

Now that the site has been compromised I can state unequivocally that it does not represent the original entries. I hope that whoever corrupted the site recognizes the pain they have caused, not just to me, but to my family and communities that I care deeply about: LGBTQ, immigrants, people of color and other marginalized groups.”

To be blunt but accurate, she was lying. Continue reading

When Ethics Alarms Don’t Ring: “The Life of Slaves: A Balanced View”

A history teacher at the Great Hearts Monte Vista Charter School (in San Antonio, Texas) distributed an assignment consisting of a worksheet titled “The Life of Slaves: A Balanced View”  to eighth graders. The idea was for student to list the positive and negative aspects of slavery.  After parent Roberto Livar posted to social media the worksheet his son Manu brought home to complete, the teacher was placed on leave and the school said it would audit the textbook associated with the lesson.  Aaron Kindel, the superintendent of Great Hearts Texas, which operates 28 public charter schools in that state and Arizona, said in a statement posted on the Great Hearts Facebook page, “To be clear, there is no debate about slavery. It is immoral and a crime against humanity.”   He said the school’s headmaster plans will explain the mistake to the history class.

I can’t wait to hear what that explanation is. How does any American living in the 21st Century not flinch at a title like “The Life of Slaves: A Balanced View”? It sounds like a joke, in fact: there is a whole genre of galley slave cartoons that rely on the idea that there is anything positive about being a slave is inherently ridiculous. (“It’s not a paid position but I’m gaining invaluable experience in the rowing sector!”). Yes, this teacher is incompetent, and leave is too good for him (or her). If you can’t trust a teacher not to hand out something that stupid, what else might be handed out? Hand grenades? “What Happened”?

Sadly, Mr. Livar couldn’t maintain the high ground, and had to say this:

“We are fully aware that there is a concerted effort by the far-right nationally to reframe slavery as being ‘not that bad’ and trying to revise the Civil War as being about ‘states rights’ and not about slavery. We were concerned that this assignment fell in line with that ideology and were naturally concerned, as well as other parents. These issues are not isolated to one school or one book. These issues are systemic and continue up the chain all the way to the Texas School Board of Education.”

He also said this likely happened because the school is short on diversity.

No, it happened because someone mistakenly hired an idiot as a teacher. Continue reading

Morning Ethics Warm-Up, 4/24/18: Jarrar And The Kardashians

Good morning, everyone!

1 Something stupid. I haven’t written about the Kardashians for a long time, unless you count Kanye West, but he has a legitimate claim to celebrity and the fact that he’s married to Kim K. is more or less a footnote. This morning, checking some cyanide out at the CVS, I saw this cover by the register:

Quick, now: why would it be smart and profitable to put this story on the front of a tabloid magazine? Who is Khloe Kardashian (normally I would try to find a way to get that accent over the “e” but it just isn’t worth it) and why would anyone on God’s green earth care about what she’s doing or what someone else is doing to her?

This woman is the youngest of the original Kardashian sisters, all of whom achieved fame-via-reality show after Kim’s sex tape was released and she gained fame for the size and shape of her butt. I’m not kidding. That’s it. That’s the whole basis for the culture’s love affair with the Kardashians,  and the reality show that introduced ugly duckling heavyish for a professional slut family youngest sister Khloe to America began in 2007, eleven full years ago. And what has Khloe, who is no longer heavy, or recognizable, and that was worth a book and a spin-off reality show—done since then to make her adventures worthy of the time you would normally use to alphabetize your sock drawer?  Absolutely nothing, other than appearing on TV with her weird, venal, narcissistic family, and being rich due to no fault of her won. (Her late father was one of O.J.’s cronies, played by David Shwimmer —“Ross” in “Friends”— in the O.J. miniseries, and her mother is a successful Hollywood hustler.) Here is the full extent of her societal worth, courtesy of the ridiculously long Wikipedia entry:

On September 27, 2009, Kardashian married NBA basketball player Lamar Odom, who was a member of the Los Angeles Lakers at the time. The couple were married exactly one month after they met at a party for Odom’s teammate Metta World Peace. Following her marriage, Kardashian removed her middle name to include her married surname, becoming Khloé Kardashian Odom. Kardashian adopted a pet boxer named Bernard “BHops” Hopkins, after the famous boxer.

On December 13, 2013, after months of speculated separation, Kardashian filed for divorce from Odom and for legal restoration of her last name.[43] Divorce papers were signed by both parties in July 2015; however, the divorce had yet to receive final approval from a judge. In October 2015, Odom was hospitalized after being found unconscious in a Nevada brothel, and was in a coma for four days; as he lay in a hospital, Kardashian withdrew her pending divorce petition. In an interview with People Magazine, Kardashian confirmed that they had not reconciled and the divorce had been withdrawn so that she might make medical decisions on Odom’s behalf.Kardashian and Odom’s divorce was finalized in December 2016.

Kardashian is currently in a relationship with basketball player Tristan Thompson. The couple reside in Cleveland, Ohio.In December 2017, she announced they were expecting their first child together.  In March 2018, Kardashian revealed she would have a girl. On April 12, 2018, Kardashian gave birth to their daughter, True Thompson. He cheated on Khloe Kardashian with other girls leading to him being inactive on social media at Khloe Kardashian’s wishes.

This does not speak well of the culture, American society, its values or its prospects.  My father’s generation was enthralled by the family dramas and controversies surrounding pubic figures like Charles Lindbergh, who, after all, accomplished something and displayed useful and admirable values in doing so.  His generation and the precedding one did have a soft spot for robbers like Dillinger, Bonny and Clyde and before them, Jesse James, but that was because they were styled as latter day Robin Hoods. At least robbing the rich to give to the poor is something. Actors, actresses and sports heroes have always been popular culture icons, but they were famous for their art and achievements, not just for showing up, or worse, showing up and acting like an idiot.  Imagine Babe Ruth being idolized because of fame bestowed on him solely based on his gluttony, promiscuity and drunkenness. That’s where we appear to be now. There really are tweens out there who will announce that they want to grow up to be like one of the six or seven—I don’t know where to put the former Bruce Jenner—Kardashian girls. Parents should lock them in a high tower like Rapunzel, but they won’t, because they probably hope their daughters grow up to be like Kim, Kourtney, Kendall, Khloe aand whatever that the other ones are named…Katmandu? Kalamazoo?

How can ethics survive in a culture like that? What am I doing? Continue reading

Morning Ethics Warm-Up, 4/23/2018: An Overdue Pardon, A Questionable No-Hitter, A Stupid Tweet, A Modest Hero…

Yes, I’m still here…

For one of the very few times since 2009, there were no posts yesterday. I’m sorry. I was pressed on a client’s urgent deadline from 7 am to 11 pm, with errands and sanity breaks in between, and never could get my schedule or brain cleared sufficiently to work on Ethics Alarms.

1 This is the news media. This morning, HLN  has spent 5-10 minutes every hour covering the birth of Queen Elizabeth’s latest grandchild. He’s a boy, in case you were on pins and needles. This isn’t fake news, it’s non-news. Why is this important? What possible use does detailed information regarding the latest addition to the succession train (he’s fifth in line) of an increasingly anachronistic monarchy have to the U.S. public? I’m looking at the morning New York Times, and literally 98% of its contents are more newsworthy.

Among the events broadcast in connection to this non-event was an elaborately dressed “town cryer” in London, ringing a bell and reading from a scroll to announce the royal birth. After CNN’s remote cameras recorded this memorable moment, it was revealed by a London correspondent that the elderly man dressed like a Tower Beefeater is a wacko, with no official significance whatsoever. Then a half hour later, HLN showed the wacko’s act again, sans any wacko label, but text that said, “Moments ago.” Thirty minutes is “moments”? Then we got new post-birth news, the London odds-makers take on what the likely name of this completely unimportant future prince will be. The odds on “Jack” were 9-1. Said Robin Meade’s sidekick Jennifer Westhoven: “Jack? Wouldn’t that be ‘James’?”

No, you ignorant moron. A., Jack is a real name. I can prove it, and B. It is a nickname for John, not James.

Yeah, we should trust these people.

2. Trump Tweets. Okay, what is this? President Trump, flush with success over questionable reports that North Korea has decided to halt nuclear testing (you know, like Iran, and equally trustworthy), tweeted,

Now, it is easily determined that the North Koreans have not agreed to “denuclearization.” Meetings haven’t even taken place. The tweet is fantasy. This is the kind of thing the mouth-foaming Trump haters point to as an example of the President’s “lying.” A statement that can’t possibly deceive anyone else, coming from someone who habitually makes such statements, is a falsehood, but whether it is a lie is questionable. Does Trump believe this tweet, at least when he wrote it? I suspect so. He communicates–indeed, he thinks— in cloudy generalizations and concept clouds. Is this tweet and its ilk spectacularly irresponsible and self-destructive to his ability to be respected and believed? Oh, definitely. Stupid and embarrassing too. But a lie? I’m not sure. “Trumpism” might be a better term.

Calling out NBC with “fake news” in front of a tweet with fake news is certainly audacious stupidity, however.

3. Now the Good Trump (maybe): Reportedly, spurred by the suggestion of Sylvester Stallone, the President is considering a pardon for Jack Johnson, the first black heavyweight champion (1908-1915) who was hounded by the government and personally destroyed, mostly because of his proclivity to have relationships with white women. Johnson’s primary crime was being a successful, defiant, black man at the height of Jim Crow. The play (and movie) “The Great White Hope” tells his story, which is an American tragedy; Ken Burns also made a superb documentary about Johnson.

Johnson was convicted of violating the Mann Act, for transporting women across state lines for immoral purposes, in his case, miscegenation. Eventually he served time in a federal penitentiary. There have been calls to grant Johnson a posthumous pardon for at least a decade. A 2008 bill requesting President George W. Bush to pardon Johnson in 2008 passed the House, but failed to pass in the Senate. Senator McCain,  Representative Peter King, Burns and Johnson’s great-niece requested a presidential pardon for Johnson from President Obama in 2009, and again in  2016, in honor of the 70th anniversary of Johnson’s death in a car accident. A vote by the United States Commission on Civil Rights also called on Obama to “right this century-old wrong.” There was also a Change.org petition. Obama never acted, causing a firestorm of protest from the Congressional Black Caucus.

No, I’m kidding: it was hardly mentioned in the news media or by black activist groups. And Jack Johnson’s life, despite the fact that hardly anyone under the age of  50 could tell you anything about him, mattered. If President Trump finally does the right thing and clears Jack Johnson’s name, I wonder how progressives and the news media will attack him for it?

4. Wait, why wasn’t he texting, “I’m so terrified!”? James Shaw Jr., 29, rushed a shooter armed with an AR-15 (and not wearing pants) who had opened fire yesterday in a Waffle House in Antioch, Tennessee.  Four people had been shot dead and many other were injured before Shaw grabbed the gun’s barrel, pulled it away and threw it over the Waffle House counter. He suffered a gunshot wound and burns from grabbing the gun’s barrel.  Although his actions are credited with saving many lives,  Shaw Jr. denies that he’s hero. “I was just trying to get myself out. I saw the opportunity and pretty much took it,” he says.

Real heroes seldom regard themselves as heroes. The fact is that he took action, placed himself at risk in doing so, and had the right instincts, exactly the ones this culture is supposed to nurture but increasingly does not: take control of your own fate, and do what needs to be done.

Trust me on this, James (can I call you Jack?): You’re a hero. Continue reading

From The Ethics Alarms “Irony” Files: “The Association For Honest Attorneys” Has No Attorney Members…

The ABA Journal reports that the U.S. Tax Court ruled against The Association for Honest Attorneys (Known as A.H.A! ) this month, denying  tax-exempt status for the organization. Why? Well,  it hasn’t had any lawyer members since its founding in 2003, and no lawyer could be found to represent the group in its tax dispute. The group’s founder, Joan Farr, spent association money at grocery stores, department stores and home-improvement stores.

 

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading