The Cos Plays The Race Card

race_cardBill Cosby’s lawyer, Brian McMonagle,  issued a statement this week claiming that the comedy legend’s legal problems are the result of racial bias and prejudice. He really did.

“Mr. Cosby is no stranger to discrimination and racial hatred, and throughout his career Mr. Cosby has always used his voice and his celebrity to highlight the commonalities and has portrayed the differences that are not negative — no matter the race, gender and religion of a person. Yet over the last 14 months, Mr. Cosby and those who have supported him have been ignored while lawyers like Gloria Allred hold press conferences to accuse him of crimes for unwitnessed events that allegedly occurred almost a half-century earlier. The time has come to shine a spotlight on the trampling of Mr. Cosby’s civil rights. Gloria Allred apparently loves the media spotlight more than she cares about justice. She calls herself a civil rights attorney, but her campaign against Mr. Cosby builds on racial bias and prejudice that can pollute the court of public opinion. And when the media repeats her accusations — with no evidence, no trial and no jury — we are moved backwards as a country and away from the America that our civil rights leaders sacrificed so much to create.”

I don’t blame McMonagle, and nobody else should. He’s doing what he can to defend his client, who looks about as guilty as a man can. Nor did he say this without the approval of his client. Lawyers discuss their strategy with clients: if Cosby didn’t want to sink this low and look this desperate, he didn’t have to. Then I would have been able to salvage a slim iota of respect for the man.

It isn’t worth much time or thought discussing how ridiculous this accusation is. Bill Cosby? White America’s darling? The Jello pudding man, the charming interviewer of kids, the educator who preached to black families that they need to raise their children to reject hip-hop culture? Whites made Cosby rich, powerful, and once, the most popular, respected and influential celebrity of any color in the nation. And suddenly they turned on him when they realized he was black?

The claim is an insult to African-Americans who really do face bias and discrimination. More important, however, it is so depressing. Is there any prominent African-American in the the public eye who is capable of not playing the race card when he or she is in trouble? I held out hope that Bill Cosby, as loathsome as we now know he is, might be an exception if only because the claim in his case is so, so absurd. Let’s see, which is the reason for Bill’s fall: a hundred women of all races coming forward to detail almost identical accounts of the comedian drugging and sexually assaulting them, or racial prejudice? Gee, let me think; this is a tough one. Never mind, though: apparently this alibi is so ingrained in black culture, so beaten into the brains of American blacks, so exploited by race hucksters and so much a foundation of the left’s politics that it exists as a permanent “In case of a crisis, break glass” last resort that is an African-American’s secret weapon—after all, when whites screw up, they can’t claim anti-white bias, though trends in government, justice and academia may be changing that.

If Roger Ailes were black, he would have attributed his fall at Fox to racial prejudice.

Clarence Thomas played the race card. So has Obama. O.J. Barry Bonds. Herman Cain. Susan Rice. Eric Holder. Kanye West, though in his case it is dwarfed by his other outrages. This is kind of an anti-matter version of “white privilege”: while whites, we are told, are blissfully unaware of all the ways their success, if they have any, is based on systemic advantages in the culture, blacks are immersed in the idea that they are being persecuted because of race and led by role models and leaders to develop a self-image that can render them incapable of ever knowing when the problem might be their own conduct rather than oppression by others. Continue reading

Ethics Quiz: Ad Hominem Or Not?

I frequently find myself correcting commenters who accuse me of ad hominem attack when I diagnose their problem, based on their arguments as jerkism or mental deficiency. (I recently found one legal blogger who actually states that if a commenter uses the term incorrectly, the comment will be rejected). Ad hominem is an argument fallacy that holds that if a messenger is flawed, his or her argument can’t be valid. It’s a cheap debate tactic, and unethical. If I conclude, however, that your argument is so idiotic that it could only be devised by an  idiot and thus designate you as one in so many words (because you have a right to know), that’s not ad hominem.

African-American pastor Mark Burns is a rafter-shaking speaker and an unusual and useful advocate for Donald Trump. He has been on cable news segments frequently, and even spoke at the GOP Convention. Being black, he is obviously roundly detested by those who regard Trump as a bigot, indeed by those who just dislike Trump generally. This almost certainly includes journalists on CNN, a Hillary stronghold.

A member of the black fraternity Kappa Alpha Psi alerted CNN that  Burns had claimed to have been a member,  but there was no record to support it. This set CNN on a quest to check all of Burns’ credentials and biography items, and it found that he had other dubious claims. Confronted on the air by (also African-American) CNN reporter Victor Blackwell with these discrepancies, Burns stuttered, humina-huminaed, protested, lied (his web site bio had been “manipulated” in some way, he said—the Weiner Excuse: “I’ve been hacked!”), and finally stormed out of the interview, which is to say, he ran.

Mark Burns is a Trump ally and supporter of note because he is a black pastor. He is still a black pastor. He makes a case for why blacks should support Doonald Trump. That case does not in any way rely on his military record or where he went to school, or, for that matter, how well he responds to having his honesty and integrity challenged on TV.

Your Ethics Alarms Ethics Quiz of the Day is...

“Was CNN’s attack on Pastor Burns fair and responsible, or..

Was it an unethical ad hominem attack designed to discredit a Donald Trump ally?”

Continue reading

Res Ipsa Loquitur! The News Media’s Anti-Trump Bias Expressed As Naked Censorship

first version

“Nah, the news media isn’t biased! It’s just right wing Faux News lovers who say that! The news media OTHER than Fox is fair and objective!”

I get these protests all the time, and I am considering being more direct and unpleasant in my responses when I do. For this statement is either proof of ignorance, stupidity, or dishonesty. There is no fourth option, and the recent example I will now describe shows why.

Earlier this week, a woman noticed a four-month-old girl in a locked car in a New Jersey Kohl’s parking lot . She screamed, alerting passer-by Steve Eckel, the New York Daily News reported.  Eckel called 911 but didn’t wait: he used a sledgehammer to break a window in the car, rescuing the cooking child.

During an HLN interview on cable TV,  the retired New Jersey police officer wore a T-shirt with the legend, “2016 Trump for President.” Yet when the CNN headline news channel ran the interview an hour later, the message was blurred out.

Would a pro-Hillary Clinton, pro-Obama, Black Lives Matter, Planned Parenthood, anti-gun or virtually any other non-obscene message or image be so censored? Never. My assumption, if I saw such a blur, would be that the T-shirt was wildly offensive in some undeniable way, making that blur a slur on Eckel’s character.  (A pro-Trump T-shirt doesn’t exactly speak well of him either, but that’s irrelevant.) Continue reading

No, Washington Post, This Isn’t The Unethical Lawyer’s Statement You Falsely Suggested It Was

rapture

Lyle Jeffs, the polygamist religious leader indicted in a huge food stamp fraud, violated his house arrest this summer by coating his ankle monitor in olive oil, sliding it off, and vanishing. As his lawyer, Jeffs’s  public defender attorney cannot help authorities find her missing client (nor can she assist Jeffs in eluding the police). Thus Kathryn Nester filed court documents last week asking for a continuance, writing,

“As this Court is well aware, Mr. Jeffs is currently not available to inform his counsel whether or not he agrees to the Continuance. Whether his absence is based on absconding, as oft alleged by the Government in their filings, or whether he was taken and secreted against his will, or whether he experienced the miracle of rapture is unknown to counsel.”

Washington Post reporter Cleve R. Wootson Jr. describes this development as follows:

“Jeffs’s attorney has put forth a divine reason for his disappearance — the miracle of rapture..”

If  Nester really did claim that the Rapture was the reason Jeffs vanished, she would be engaging in sanctionable dishonesty and a misrepresentation to the court. The one who is lying, however, is Wootson and, as his editors let him do it, the Post. All Nester said was that she did not know why Jeffs was missing, and mentioned three of many alternative fates that she had no knowledge of whatsoever. Her job is to try to defend him from additional criminal charges, and at this point, that means arguing that nobody can say with certainly that he is a fugitive from justice. That is the opposite of saying “one of these things happened.” It is saying “I don’t know what is behind his disappearance, and neither does the FBI. Here are three of many explanation that I cannot, based on my knowledge, rule out.” Continue reading

Monday Ethics Revelations…

Taking stock of ethics from a long and eventful Monday…

1. As of yesterday, Ethics Alarms is about to complete its most successful month ever in terms of traffic and new followers, beating last August by almost 2000 visitors a day. Thanks to everyone who participated. Thanks especially to the untrustworthy folks at Snopes, whose partisan manipulations and the Ethics Alarms exposure of them fueled the single most read Ethics Alarms post in any month, unseating the previous champion, this, which was a trivial post that the Instapundit, Glenn Reynolds, deemed the only Ethics Alarms story worth linking to.

2. Yesterday, I was a guest at a large and combative gathering of personal injury lawyers to work out a dispute involving lots of money, and when the time came for me to speak, I was hooted down and had it made quite clear to me that the majority of participants had no interest in legal ethics whatsoever.

3. They  made it clear that they didn’t know much about ethics either. For example, at one point a lawyer threatened to sue another lawyer for representations made on behalf of a client that the first lawyer felt impugned his character. Lawyers are immune from such suits. To the extent that the lawyer was trying to use a bogus threat to intimidate the other lawyer into representing his client with less zeal, that tactic is unethical, but still not forbidden by the legal ethics rules….because lawyers use the threat to sue all the time.

Just like Donald Trump. Continue reading

This Just In: Journalism Ethics Is Still Dead…

An ad currently running on the New York Times website:

Drone footage that shows Greenland melting away. Long narratives about the plight of climate refugees, from Louisiana to Bolivia and beyond. A series on the California drought. Color-coded maps that show how hot it could be in 2060.

The New York Times is a leader in covering climate change. Now The Times is ramping up its coverage to make the most important story in the world even more relevant, urgent and accessible to a huge audience around the globe. We are looking for an editor to lead this dynamic new group. We want someone with an entrepreneurial streak who is obsessed with finding new ways to connect with readers and new ways to tell this vital story.

The coverage should encompass: the science of climate change; the politics of climate debates; the technological race to find solutions; the economic consequences of climate change; and profiles of fascinating characters enmeshed in the issues. The coverage should include journalism in a variety of formats: video, photography, newsletters, features, podcasts, conferences and more. The unit should make strategic decisions about which forms are top priorities and which are not.

The climate editor will collaborate with many others throughout the newsroom, but will operate apart from the current department structure, with no print obligations. (The Times is also searching for editors to lead similar teams exploring education and gender.)

This is, of course, smoking gun evidence of a political agenda, bias, and the intent of the Times to warp policy and public opinion according to what it has already determined is “the most important story in the world.”  Continue reading

Stupid Cops Matter

Perfect match.

Perfect match.

In a case where Hanlon’s Razor (“Never assume malice is the explanation if stupidity will suffice”) applies but one can’t really blame a mother for thinking otherwise, police in Newark  inexplicably mistook an innocent pre-teen black boy for an adult robbery suspect and chased him through a Newark neighborhood with guns drawn. This is stupidity, not racism. Well, who knows: there could be racism mixed in there too, but what jumps out is the jaw-dropping incompetence.

Legend Preston, just ten years old, was fetching a basketball that had rolled into the street when he looked up and saw armed cops running towards him as if they meant business. So he ran.

“I was scared for my life,” Legend told reporters. “I was thinking that they were going to shoot me.” Good thinking, kid. If these cope were inept enough to get a ten-year-old  confused with Casey Joseph Robinson, a 20-year-old, dreadlocks-sporting perp with facial hair (he was arrested in the next block), who knows what they might do?

Legend was quickly surrounded by neighbors  who emphatically pointed out to the police that they were chasing a child, as the officers stammered that he “fit the description” of the criminal. Well, sort of. Okay, okay, now that we’re up close, we see that he’s under five feet tall, dressed like a kid, doesn’t have dreadlocks or facial hair, and looks nothing like the guy, except that he’s black, which means we also could also mistake him for Bill Cosby, Jesse Jackson, Morgan Freeman, or LeBron James. Continue reading

Health And Survival Rationing Ethics

cointoss

Beginning in 2012, Dr. Lee Daugherty Biddison, a critical care physician at Johns Hopkins and some colleagues have held public forums around Maryland to solicit the public’s opinions about how life-saving medical assistance should be distributed when there are too many desperately ill patients and not enough resources. The exercise was part of the preparation  for Biddenson’s participation in preparing official recommendations for state agencies that  might end up  as national guidelines regarding when doctors should remove one patient from a ventilator to save another who might have a better chance of surviving, or whether the young should have priority over the old.

Ethically, this is pure ends justifying the means stuff. The Golden Rule is useless—How would you like to be treated? I’d want to be left on the ventilator, of course!–and Kantian ethics break down, since Immanuel forbade using human life to achieve even the best objectives…like saving a human life. Such trade-offs of life for life (or lives) is the realm of utilitarianism, and an especially brutal variety….so brutal that I doubt that it is ethics at all.

When Dr. Biddenson justifies his public forums by saying that he wants to include current societal values in his life-for-a-life calculations, she is really seeking current biases, because that’s all they are. On the Titanic, it was women and children first, not because it made societal sense to allow some of the most productive and vibrant minds alive to drown simply because they had a Y chromosome, but because that’s just the way it was. Old women and sick children got on lifeboats;  young men, like emerging mystery writer Jacque Futrelle (and brilliant young artist Leonardo DiCaprio), went down with the ship. That’s not utilitarianism. That’s sentimentalism.

The New York Times article mostly demonstrates that human beings are incapable of making ethical guidelines, because Kant was right: when you start trading one life for another, it’s inherently unethical, even if you have no choice but to do it. Does it make societal sense to take away Stephen Hawking’s ventilator to help a drug-addicted, habitual criminal survive? Well, should violating drug laws sentence a kid to death? TILT! There are no ethical answers, just biased decisions. Continue reading

A Plague Of Misleading Headlines

Fake headline

The mad quest for clicks appears to be leading websites that should know better to sink to misleading or outright dishonest headlines on the web. For someone like me, who has to scan these looking for possible ethics issues, it is an increasingly annoying phenomenon. Readers need to speak up. The practice is unethical, and moreover, suggests that the source itself isn’t trustworthy.

Here are three current examples;

1. The Daily Beast: “Idiocracy’ Director Mike Judge: Fox Killed Our Anti-Trump Camacho Ads”

Boy, isn’t it just like that conservative, Trump-promoting Faux News to help The Donald by using its power, influence, lawyers, something to stop the makers of “Idiocracy,” that comic classic, from being used to save the country from American Hitler?

That’s sure how the Daily Beast wanted its largely Democratic readership to react to its headline over the story about a fizzled effort to use the the film’s character  of ex-porn star future U.S. President Dwayne Elizondo Mountain Drew Herbert Camacho, played by Terry Crews, in a series of comic spots ridiculing Trump’s candidacy. The story, however, never quotes Judge as saying Fox—that would be the movie side of Twentieth Century Fox, not Fox News, which had no say in the matter: the company produced the film and owns the right to it and all of its characters—killed the project.  All Judge says is that the idea of doing a series of such ads didn’t come to fruition, for a whole list of reasons which might have included Fox’s distaste for the project.. Of  Fox, he says this..

“I think also Fox… yeah, they… even though they’ve probably forgotten they still own it…”

The writer then suggests that company owner Rupert Murdoch might not like the idea, and thus prompted, Judge replies,

“Yeah. That’s the other thing. I think there was a roadblock there, too…I just heard that [the proposed ads] were put on the shelf, so it looks like they’re not going to happen.”

Based on this, the author, typical Daily Beast hack Marlow Stern, writes, “It looks like Fox refused—and the ads are now dead.” Stern never says that Fox refused; it is the “reporter” who says it. Meanwhile, when the Daily Beast writes about “Fox,” it is referring to Fox News 99.9% of the time, and knows that’s what its readers will think when they read “Fox.”

The headline is intentionally misleading, and a lie.

(Incidentally, the movie is a great concept that under-delivers on its premise and potential, and should be a lot funnier than it is) Continue reading

From The Ethics Alarms Mail Bag: “Does It Matter If A Lawyer Is A Neo-Nazi?”

"Anyone who would hire this lawyer is evil! EVIL!!!"

“Anyone who would hire this lawyer is evil! EVIL!!!”

“…What if he’s hired for a government job?”

This is a great question, and I’m going to bedevil the lawyers in my upcoming ethics seminars with it. It’s not a hard question, though.

The answer is, “No, it doesn’t matter, just as it doesn’t matter if the lawyer is a Republican, a vegan, a libertarian, a creationist, a global warming denier, an Adam Sandler fan, a Donald Trump loyalist, a Muslim, an ISIS sympathizer, a Druid, a Celine Dion worshiper, a New York Yankee fan or anything else. Lawyers have First Amendment rights. Lawyers can think what they want to, believe what they want to, donate where they want to and spout whatever unpopular or offensive opinions they want to, as long as it doesn’t interfere with their representation of their clients.

What prompted the question was this post on the Southern Poverty Law Center (SPLC) website, which attempts to use guilt by association and classic McCarthyism tactics to smear the City of Baltimore because of what the lawyer defending it in a law suit believes. The SPLC—which itself often resembles a hate group–writes, Continue reading