Ethics Observations On The Post-Iowa Republican Accusation Orgy

Cruz wins

A brief summary: After Ted Cruz shocked the poll-worshiping Donald Trump and the incompetent pundits with a first place finish in Iowa, and after a gentle, gracious, classy concession speech by someone impersonating Trump, subsequent days have been filled with accusations from Ben Carson that Cruz deflated the sleepy doctor’s vote total by spreading rumors about Carson dropping out of the race. Cruz apologized for his camp’s part in the confusion, but blamed CNN for misleading news reports, which were inspired by a vague tweet from the Carson camp about the candidate going home to Florida rather than on to New Hampshire, where the campaigning continues. CNN then accused Cruz of blame-shifting. Meanwhile, Trump found that impersonator and shot him, or something, and now says he will sue Cruz, or the Republican party or someone for some combination of Cruz not being a natural born citizen, his campaign’s sending out a deceptive mailer, and stealing Carson’s votes, and will demand a caucus do-over.

Observations:

1. Carson’s incompetence is at the root of this whole mess. His staff, as the caucuses were getting underway, put out an ambiguous tweet that Carson would not be going on to New Hampshire,, but was going home. Since Carson’s campaign has been falling apart in chunks for weeks now (this news today, for example) , his support in the polls has been falling, he was inert through the last debate and has no rational excuse to be running anyway, several news organizations assumed that the message meant that his withdrawal was imminent. I assumed that’s what the tweet meant. Carson’s staff is inept: that was a ridiculous tweet to make at that time. He should take full responsibility for all the confusion.

2. CNN and the various media sources that sent out tweets and statements also suggesting that Carson was quitting are also accountable for sloppy journalism. CNN is denying that its reporters gave out wrong information, but they did. First Chris Moody tweeted…

“Carson won’t go to NH/SC, but instead will head home to Florida for some R&R. He’ll be in DC Thursday for the National Prayer Breakfast.”

“Carson won’t go” to the site of the next two primaries is wrong. The word “immediately” was missing. Then CNN’s Jake Tapper tweeted…

“BREAKING: @moody has learned @realbencarson will return to FL following , will not go to either NH or SC”

CNN itself tweeted this:

“After the , @RealBenCarson plans to take a break from campaigning http://cnn.it/Iowa”

CNN’s protests that Cruz is using them as a scapegoat is a lie on its face. The network and its supporters jumped the gun, and suggested that Carson was quitting without confirming this with his organization. If it had any integrity…well, we know the answer to that, don’t we?

3. I can’t let this pass: last night, Fox’s Bill O’Reilly railed at CNN, calling its defense of its reporting “ludicrous” and declaring, “That news agency screwed up big time and apparently doesn’t care.”

He continued:

“The state of American journalism is on the verge of collapse. Ideology has permeated hard news coverage and honest reporting is becoming almost scarce, especially in political circles.”

Bill O’Reilly said this. Bill O’Reilly. Continue reading →

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading →

A Law Student Creates A Dishonest List Called “100 Times A White Actor Played Someone Who Wasn’t White” And Begins Another List Called “Times The Washington Post Published A Race-Baiting Piece Of Lazy Research And Sloppy Reasoning By Someone Who Looks Like She Will Be A Terrible Lawyer”

I didn’t set out to make the news media’s tolerating unethical race arguments the theme today, I really didn’t. While I was researching ESPN’s decision not to hire whites on its new website, to which the Wall Street Journal shrugged and said, by not saying, “Wait….WHAT?” in effect, “Sure, go ahead, discriminate!”, I came upon this piece of journalistic offal called “100 Times A White Actor Played Someone Who Wasn’t White” on the Washington Post website. It was authored by Meredith Simons, a law student and freelance writer. Well, Meredith, free-lance writers get away with these miserably researched and unfairly gathered articles a lot, but if you try to sneak this kind of crap past a judge or a senior partner, you’re going to have a rude awakening.

The fact that her article is incompetent and unfair in myriad ways doesn’t mean that Hollywood has been an equal opportunity employer throughout decades past. It hasn’t, but it has reflected the society and tastes in which it operates, and often has been a leader in race attitudes, as in the film “Imitation of Life.” There is work to be done, but careless articles like Simons’ just causes ignorance and confusion.

The immediate impetus for her hit piece on Hollywood casting was apparently the controversy over the casting of white actor Joseph Fiennes as Michael Jackson in a planned biopic. Simons calls him “African American icon Michael Jackson,” which is the lawyer’s trick of framing an issue to rig the debate—good one, Meredith—but skin-bleaching, child-molesting, whitebread pop star Jackson is hardly an “African American” icon: he’s a national pop icon who went out of his way to reject race and racial labels. That is what the song “Black and White” was about, right? Sure, the casting was a gimmick, but it’s a clever and legitimate gimmick that I would guess Jackson would have approved of enthusiastically. When they make “The Rachel Dolezal Story,” will Simons complain if a black actress gets the part?

So based on a phony race controversy—two, in fact, with the Oscar nomination spat included—Simons comes up with an even more phony list. “Despite decades of protests over racially inappropriate casting and the recent protests over the lack of diversity among Oscar nominees, filmmakers continue to cast white actors as minority characters on a depressingly regular basis,” she writes.

(A tip  for Social Justice Warriors: don’t write about the performing arts and casting if you don’t know a damn thing about either. The purpose of the performing arts is 1) to make a good product and 2) to make money. Anything that in any way interferes with either is irrelevant. There is no such thing as “racially inappropriate casting” if it furthers either of these objectives, or ideally both. It is not Hollywood’s job to eradicate racial inequality in the U.S. If it helps, that’s responsible and ethical of the movie-makers. This is, however, neither its art nor its business.)

Simons’ list is the epitome of the Texas Sharpshooter fallacy done badly. The fallacy consists of cherry-picking facts that support a predetermined argument and “drawing a circle around them” as if they are the sole relevant facts, while intentionally or mistakenly omitting equally relevant facts that would tend to disprove it. Bad lawyer that she is, she draws a metaphorical circle around “facts” that don’t even support her argument. I’m not going to go through the entire hundred  (say “thank-you, Jack!”) but I’ll point out some of her most egregious botches.

To begin with, either she didn’t see the movies on the list, or intentionally misrepresents them. My favorite, and typical of her terrible research: Continue reading →

Now THAT’S An Unethical Lawyer!

"Ay, ye fekin' eejit, I'll be reefing ye with me shillelagh!"  TRANSLATION: "Disbar me, quick!"

“Ay, ye fekin’ eejit, I’ll be reefing ye with me shillelagh!” TRANSLATION: “Disbar me, quick!”

Yesterday I posted on Facebook a real news story about an Australian teen who plotted to plant explosives on a kangaroo and sent it hopping to a terrorism target. This story, about a Louisiana lawyer who is either trying to get disbarred (with apparent success) or has lost his mind struck me about the same way. Everything seems to spinning out of control.

The Louisiana Bar Disciplinary Board  has recommended permanent disbarment for lawyer Ashton O’Dwyer Jr. This passage of its report particularly appealed to me: During a June 2012 hearing by the committee, O’Dwyer “had to be admonished for brandishing about his shillelagh, his action clearly inappropriate for a disciplinary proceeding.”

Clearly.

That’s just a sample. Here’s a random selection of some examples of how this spunky Irishman has behaved,  from the “How To Get Disbarred” handbook.

O’Dwyer first ran afoul of the ethics rules  in federal court in New Orleans during Hurricane Katrina litigation, when he engaged in personal attacks on the judge and opposing counsel, and engaged in other irregularities “prejudicial to the administration of justice.”  He was suspended by that court in 2008 for his  conduct. In response, he…

….filed a “Declaration of His Intentionally Contemptuous Non-Compliance with the Court’s Order”…

….called the Louisiana Supreme Court a “bunch of kids”…

…referred to the chief justice with a “sexual and offensive nickname,” according to hearing board’s findings of fact.

O’Dwyer then sent an email to the disciplinary counsel in which he implausibly denied the use of racially disparaging terms, which the bar found to be “disingenuous.” Then he sent another email the same day calling the disciplinary counsel a “pimp,” a “puppet,”  “Uncle Tom” and an “Oreo.”

Nothing racially disparaging about any of that, right? All of this got him disbarred for a minimum of two years. Continue reading →

It’s Time To Play “Ethical, Unethical, Stupid, Or Tongue-In-Cheek?”, The Celebrity Quote Game Show!

Quiz show5

Are you ready, panel?

Here we go…I read to you from Mediate:

As the controversy continues over the white-washed pool of actors nominated this year for the Oscar awards, gay British actor Sir Ian McKellen has stated that homophobia is just as prominent in the film industry as racism.

McKellen, perhaps most prominently known for his work in the Lord of the Rings and X-Men series, spoke with Sky News today about why he felt sympathetic to the minority actors who felt like they were being overlooked by the Academy. While McKellen said that the concerns had merit, he also stated that black people were not alone in feeling disenfranchised by Hollywood.

“It’s not only black people who’ve been disregarded by the film industry, it used to be women, it’s certainly gay people to this day,” McKellen said. “And these are all legitimate complaints and the Oscars are the focus of those complaints of course.”

In a separate interview with The Guardian, McKellen also said that actors have won Oscars for playing gay characters in the past, and yet despite being nominated himself, no openly homosexual actor has ever won.

Now, you need some background for this round, panel. 

It is almost certain that a very large proportion of Hollywood is gay, and it has always been this way. The exact percentage is open to question, but those who have worked in other areas of show business encounter a large percentage of gay men, and also women, among designers, producers, directors, and actors, at all levels of the theater. In most college theater programs, there is a clear predominance of gays among both faculty and students. It would be strange indeed if the dominance of gays in the other aspects of show business was significantly different from the demographics in film. This suggests that there must be a strong contingent of closeted or privately gay men and women among the voting members of the Academy of Motion Picture Arts and Sciences.

So now your question, panel: Was Ian McKellen’s bold assertion…

“Ethical, Unethical, Stupid, Or Tongue-In-Cheek?”

You have…30 seconds!

Time’s up!

Continue reading →

Ethics Observations On The Academy’s Pro-Diversity “Fix”

Chris-Rock-Backstage-at-Oscars

Apparently panicked by the negative reaction to its all-white 2016 Oscar nominations,  and determined not to give MC Chris Rock more ammunition than he already has, the Academy of Motion Picture Arts and Scientists has rushed into place new voter qualifications for next year’s awards. Under the new rules, members who have not worked over the past 30 years  will lose the right to cast Oscar ballots unless they have been nominated for an Oscar themselves.

What’s going on here?

1. Is this substituting real bias for unfairly assumed bias?

Sure it is.

As one soon to be disenfranchised voter told the Hollywood Reporter, “The Motion Picture Academy, in the spirit of Affirmative Action (which has worked so well in our universities), is determined to take the Oscar vote away from the Old White Guys…Personally, I wish they’d examine their complex preferential ballot procedure which clearly isn’t working right. But no, blame the Old White Guys.” Others noted that to assume older voters, many who were at their peak during the rebellious Sixties and the Civil Rights Era, weren’t voting for black artists was foolish. The new rules seem to be an obvious attempt to stigmatize and penalize older voters.  The seniors, said one dissenting Academy member, are often “perfectly vibrant and very much with it and, while they may be retired, it doesn’t mean they aren’t functioning on all cylinders. They have earned the privilege of being in the Academy through their work and just because they’re no longer active doesn’t mean that they can’t be a good judge of what they’re looking at.” Former actress Delores Hart, who gave Elvis Presley his first screen kiss and who was the top-billed star of “Where the Boys Are?,” was direct, saying,  “It’s age discrimination.”

Of course, Hollywood has long-accepted age-discrimination, and Saturday Night Live would never skewer the Oscars for that. Continue reading →

Ethics Heroes: The Orleans Public Defenders

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading →

Epilogue: The Boo-Boo Hoax, Blues Blindness, and Trust

The comments on the boo-boo hoax post have me so upset that I can't see this...

The comments on the boo-boo hoax post have me so upset that I can’t see this…

Every now and then, and it is never on a post that I am especially keen on or that I expect to catch fire, a link to an Ethics Alarms essay is suddenly being clicked on by a lot of people who have no interest in ethics, but a particular interest in a topic I happened to stumble into, as I am wont to do. Usually these waves of traffic contribute nothing of substance to our ethics colloquy, produce no new regular readers, and  they depress me, as did the so-called “Instalanche” of a few years back when Glenn Reynolds deigned to link to a post.  A bigger group of nasty right wing jerks I have never encountered before or since: I lost a bit of respect for Professor Reynolds that day (His avid followers maintained it was ethical to spread a web rumor that Harry Reid was a pederast in retribution for Reid’s “Romney hasn’t paid taxes” lie. It’s not.)

The current ‘-lanche’ has arrived courtesy of my post of a couple days back about an unlabeled hoax study published by The Journal of Evaluation in Clinical Practice, a (formerly) respectable scientific journal. Of the few new readers who have commented, most have distinguished themselves by making the typical threadbare rationalization used for all web hoaxes, to wit:  “Anyone who didn’t figure out it was a gag isn’t as smart as I am.” If these people typify the ethical acumen of scholarly journal readers, we have trouble my friends, right here in River City.

See, Brilliant Advanced Degree-holders, the problem with respectable journals (if there are such things) publishing inside jokes without proper labeling is that the false studies are read and believed by journalists, who spread the misinformation like an oil slick over the culture and public consciousness. It doesn’t matter if you got a chuckle out of it; what matters is that a lot of people were made to believe false information, and it is the purveyors of that false information, not the oh so gullible and ignorant victims of it, who are at fault. Continue reading →

Pssst! CNN! Don Lemon Was Drunk On The Job On New Years Eve, And It Matters

Drunk Lemon

The news media and social media apparently thinks its funny that CNN’s Don Lemon, one of the network’s hosts of the New Year’s dawning, an unexpected event about as newsworthy as the sun coming up, was not only drunk as a skunk most of the night but didn’t seem to care who knew it.

I think the yearly breathless coverage of the Times Square festivities is boring, dumb and stupid (People keep saying they are so excited. What are they excited about? If a big ugly ball doing exactly what you knew it would do at midnight really excites you, your life has run off the road into a muddy ditch, and I pity you), so I only cruised by the CNN coverage around 10 PM. Lemon co-hosted the network’s New Year’s Eve special with correspondent Brooke Baldwin at Tipitina’s bar in New Orleans., and had that look in his eyes and that tone in his voice that I know too well. This surprised me, but I didn’t feel like beginning 2016 with a train wreck, so I decided to watch “Rain Man” with my wife, who had never seen it. (We haven’t been invited to a New Years Eve party since 1982.)

By all accounts, Lemon was indeed smashed, and left his judgment, manners and good sense in those cups of champagne, beer and heaven knows what else he was guzzling all night. Some of the evidence, other than how he looked and sounded, which was plenty… Continue reading →

Professionalism Tales: The Hilarious Prosecutor

Clown lawyerDeputy District Attorney Robert Alan Murray is a funny guy. Having apparently decided that it was too obvious to tell an arrested kid that he would be summarily shot, which is always a gas—you should see their faces!—and a bit too risky to put a whoopie cushion on a judge’s chair behind the bench—those old fogies have no sense of humor—the young California prosecutor hit on the brilliant idea of altering the transcript of the police interrogation of a Spanish-speaking defendant who was charged with lewd or lascivious acts with a child younger than 14 years old.

Murray, the dickens, added this wacky exchange to the transcript:

Officer: “You’re so guilty, you child molester.”

Suspect: “I know. I’m just glad she’s not pregnant like her mother.”

He kills me, he just kills me! Inexplicably, though, the assistant public defender complained about the altered transcript, told a judge, and the judge dismissed all charges against the accused child molester.Who would have guessed the public defender would use the gag to defend his client? What a party pooper. Continue reading →