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A Special Ethics Alarms “Fake News” Friday Bulletin: Obama Calls The Hacked DNC E-Mails “Gossip” [UPDATED]

/ Jack Marshall / 18 Comments

gossip

As I write this, President Obama is using his press conference to spin the Russia-Wikileaks hacked e-mails story. In addition to snidely implying that Americans are idiots for allowing such relative trivia to sway their votes when so much of substance was at stake (note that there is no evidence that any votes were thus swayed), the President referred to the content of the DNC e-mails as “gossip.” Gossip is generally defined as “casual or unconstrained conversation or reports about other people, typically involving details which are not confirmed as true.” Calling the contents of Podesta’s e-mails and others “gossip” is deliberate disinformation by Obama—a lie. The most important revelations were definitely not “gossip.” Like these:

  • A 12-page memo written by Doug Band,  longtime aide to Bill Clinton, describes using his consulting firm to raise money for the Clinton Global Initiative as well as direct personal income for the former president. It describes how Band rallied clients of his firm, Teneo, to contribute directly to Mr Clinton for “in-kind services for the President and his family – for personal travel, hospitality, vacation and the like” referring to that fund as “Bill Clinton Inc”.

The memo confirmed that several companies directly paid the former president for his speeches or advice, while making contributions to the Clinton Global Initiative.  One client, Coca Cola, received a face-to-face meeting with the former president at his home in 2009, after contributing millions to the non-profit foundation.

Verdict: Not gossip, but smoking-gun evidence of Clinton influence peddling.

  • On the fateful day that news of a private email server broke, John Podesta emailed Neera Tanden, who worked for the Clinton campaign in 2008 and has remained a close adviser, to complain, saying, “We’ve taken on a lot of water that won’t be easy to pump out of the boat”, he wrote in September 2015 as Clinton staff feared that Vice President Joe Biden would join the Democratic primary race. “Most of that has to do with terrible decisions made pre-campaign, but a lot has to do with her instincts. Almost no one knows better [than] me that her instincts can be terrible.” In the email exchange, Mr Podesta also complained that Clinton’s personal lawyer David Kendall, and former State Department staffers Cheryl Mills and Philippe Reines “sure weren’t forthcoming here on the facts here”. Mrs Tanden responds “Why didn’t’ they get this stuff out like 18 months ago? So crazy.”

Tanden later answered her own question saying, “I guess I know the answer. They wanted to get away with it.”

Verdict: Not gossip. These were assessments of those who know Clinton best, and their questioning her judgment was significant, as is the last comment, which completely undermines the year-long Clinton camp denial that there was anything amiss with Hillary’s handling of e-mail at State. It would be admissible in court to show state of mind and that the Clinton camp had lied. Continue reading →

“Fake News” Friday Continues! Episode II: The CIA Says Russia Was Helping Trump [UPDATED]

/ Jack Marshall / 20 Comments

trump-tweet

Yes, those emails.

(No, it wasn’t illegal, just incredibly unethical.)

It all began with this story in the Washington Post:

“The CIA has concluded in a secret assessment that Russia intervened in the 2016 election to help Donald Trump win the presidency, rather than just to undermine confidence in the U.S. electoral system, according to officials briefed on the matter.

Intelligence agencies have identified individuals with connections to the Russian government who provided WikiLeaks with thousands of hacked emails from the Democratic National Committee and others, including Hillary Clinton’s campaign chairman, according to U.S. officials. Those officials described the individuals as actors known to the intelligence community and part of a wider Russian operation to boost Trump and hurt Clinton’s chances.”

When the New York Times later came out with a story headlined  “C.I.A. Judgment on Russia Built on Swell of Evidence,” non-partisan law prof/blogger/ skeptic Ann Althouse inquired, as the mainstream news media did not, whether the content of the article supported that headline “because there’s so much fake news these days.” (Ann is funny.)

She wrote in part,

“There’s a lot of material in the article that is not about [ Russia helping Donald Trump win]  at all. I’m excluding that, which is padding if the headline is the correct headline. Go to the link if you want to see what it is. The first relevant material comes in the 16th paragraph: The DNC’s servers and John Podesta’s email account were hacked and a lot of damaging and embarrassing material was released onto the internet.

“Next:

American intelligence officials believe that Russia also penetrated databases housing Republican National Committee data, but chose to release documents only on the Democrats. The committee has denied that it was hacked.

“So here’s the crucial disputed question of fact: Were the GOP servers also hacked? We’re not told what evidence supports the belief that the GOP servers were also hacked, but the GOP says they were not. Yet some “intelligence officials believe” it was. Why? Where’s the “swell of evidence” you were going to tell me about?

“Even if that fact were nailed down, there would still be more leaps needed to get to the conclusion. First: Was there any embarrassing material? What? If I knew what, I could begin to think about the next question: Why would embarrassing material be withheld? All I can see from the supposed “swell of evidence” here is an assumption that if the DNC was hacked, the GOP committee was also hacked, and that if bad material was found in the DNC server, bad material would also be found in the GOP server, and since we only saw the DNC material, there must have been a conscious decision — by whom?! — to leak only the DNC things and that decision must have been made to help Trump win. That’s not evidence itself, only inference based on evidence.

“Finally, there are a few paragraphs about why “Putin and the Russian government” might be thought to prefer a Trump presidency to a Clinton presidency. Trump and Putin have given each other some compliments.

“That’s no swell of evidence! That’s a lot of leaping guesswork. And this is nothing more than I already read in the article the NYT put out on December 9th, which I put effort into combing through and rejected for the same reasons I’m putting in this new post.

“This might be the biggest fake news story I’ve ever seen!” Continue reading →

Ethics Alarms Presents “Fake News” Friday! Episode I: Poynter’s Code of Principles

/ Jack Marshall / 7 Comments

fake-news-sites

Poynter is a serious and justly respected  nonprofit school for journalism and journalism ethics organization. Naturally, it has been drawn into the “fake news” debate, which is unfortunate, since the issue itself has arisen not so much as part of a much-need effort to purge the new and old news media of biased and misleading news reporting, but as part of partisan attempt by the mainstream news media and others to find some explanation, any explanation, for Donald Trump’s election that doesn’t involve a genuine public rejection of Barack Obama and Hillary Clinton. Poynter, as far as I’ve been able to determine, is scrupulously non-partisan, or perhaps hides its Democrat tilt better than the rest of its profession. Now it is being used by those who are not so trustworthy.

Poynter was in the news yesterday as a result of Facebook’s announcement that it will start “fact-checking, labeling, and burying fake news and hoaxes in its News Feed. Mark Zuckerberg announced that his social media platform will collaborate with a small list of media organizations, including Snopes, Factcheck.org, ABC News, and PolitiFact to accomplish this, and noted that these are part of an international fact-checking network under the guidance of Poynter.

Here’s a fact to check: Snopes, Factcheck.org, ABC News, the Associated Press, and PolitiFact are all partisan-biased operations to a greater or lesser extent. Facebook itself is a partisan biased organization. That Facebook would blandly cite three of these four to reassure anyone but the Democratic National Committee is proof positive that this is a cynical, untrustworthy exercise. Continue reading →

Holiday Ethics Reading Assignment: Ken White, Eric Raymond, And The New Republic

/ Jack Marshall / 23 Comments

Mother And Daughter Reading At Fire Place On Christmas Eve

Each of these would sustain a separate post, but there are a lot of issues looming, and I promised myself not let the 2016 Ethics Alarms Awards get swamped by events, like what happened last year. (Oh–if you have nominations for the Best and Worst of the year’s ethics, send them in: jamproethics@verizon.net.)

1. The New Republic published a transcript of what it calls a discussion among “five leading historians and political observers” regarding President Obama’s legacy. The group was really made up of two hard left journalists, two hard left historians, and Andrew Sullivan. No, balance was not a concern. Dropped in among the transcript were various other historian’s opinions, based on what appears to have been a questionnaire. I read it to learn: surely these devoted Obama supporters would be able to explain why Barack Obama should be regarded as a great President, a conclusion I find complete unsupportable. What I encountered was something very different: five partisans desperately spinning and distorting reality to try to manufacture what all of them appeared to know didn’t exist. In this respect, it’s a case study of how bias eats integrity. That none of these purportedly rigorous thinkers had the integrity to correct their colleagues when the self-contradictions and rationalizations reached toxic levels was shocking.

The big revelation for me was that when you come right down to it, the only major accomplishment the group agreed on was that being the first black President was his legacy. Stumped for substantive accomplishments, the discussion kept defaulting to Obama’s style. Infuriating but familiar for his failures were repeated ( Explaining the Trump election: “I don’t think it has anything to do with him personally, except that he’s a black man. The election of Trump was a gut-level response to what many Americans interpreted as an insult eight years ago, and have been seething against ever since.” Explaining Hillary’s loss: “I don’t think she was a lousy candidate. But for a candidate to lose to someone who’s never been in the military, who’s never held public office—he’s not like any candidate who’s ever run before. So there were other forces at play here, most notably her gender.” This is a petri dish to observe the mechanics of progressive self-deception.

Notably, nobody corrected certified myths, lies and howlers, like claims the Republicans vowed to make Obama a “one-term President” from “day one,” that its difficult for any party to win three straight terms (ARRGH!, and here’s the debunking of that convenient fiction), and the utter fake news that the Obama Administration was virtually scandal free, which is another way of saying that if the news media refuses to report your scandals or call them scandals, it’s amazing how easy it is to be “scandal free.”

There was also no serious mention of what I would finger as the single most destructive legacy of Obama’s years, the complete collapse of racial trust. Instead, we get this kind of self-parodying hagiography, and I’m not making it up, it’s really there:

ANDREW SULLIVAN: At some point in the future, with the possible bloodshed and civil unrest in this country that we’re about to engage in, he may be a key person as a post-president—a bit like a monarch who might be able to hold us all together.

NELL IRVIN PAINTER: [Applauding] Well said, Andrew, well said! 

ANNETTE GORDON-REED: That’s exactly right.

Good lord. Continue reading →

Julia Ioffe’s Vile Tweet: Now The Question Is Whether There Are Any Depths Of Unprofessional Conduct And Unhinged Bias That Disqualify A Journalist [UPDATED]

/ Jack Marshall / 72 Comments

trump-incest-tweet

Julia Ioffe, a columnist at “Foreign Policy” and a contributing writer for “Politico Magazine” was moved to issue the above tweet by accounts that First Daughter Ivanka Trump would serve as First Lady while Melania Trump remained in New York to care for the Trump’s young son . Oh, nice! Keep it classy, news media!

Ioffe now joins John Oliver, Charles Blow, Harry Reid, The View, Harvard Law professor Larry Lessig and others on a growing list of nominees for the 2016 Ethics Alarms Award as the most unsavory passenger on the 2016 Post Election Ethics Train Wreck. The problem is that she isn’t a British comedian, a race-baiting Times columnist, a full-time asshole, a talk show hosted by celebrity ignoramuses, or an especially deluded academic. Ioffe is supposed to be a journalist whose analysis can be trusted, and the vicious character and unrestrained hate that her tweet reveals should disqualify her for that profession. Before Donald Trump—you know, the new President whom the New York Times decreed is exempt from ethical treatment?—such a public statement would have disqualified any journalist and ended her career immediately. This would have happened because journalism organizations once valued not just professional conduct and objectivity but the appearance of it.

The tweet wasn’t just disgusting, it was incompetent, misleading and stupid:

  • The news report has been denied by the Trump transition team, so the alleged journalist was spreading “fake news.”

There have been almost two dozen permanent or temporary First Ladies who had other family relationships with Presidents, including daughters, daughters-in-law, nieces, sisters, cousins, and aunts. Three daughters assumed the First Lady role when their mothers died: Letty Tyler Semple for President Tyler,  Mary Harrison McKee for President Benjamin Harrison, and Margaret Wilson for Woodrow. Oddly, none of them were accused of having sex with their fathers. Margaret Wilson shared First Lady duties with President Wilson’s cousin Helen Bones, who had worked for the first Mrs. Wilson as personal secretary. Thomas Jefferson, Andrew Jackson, Martin Van Buren and Chester Arthur were widowers, so their First Ladies couldn’t be spouses. Jefferson’s daughter Martha Randolph, Jackson’s niece and daughter-in-law Emily Donelson and Sarah Jackson were all First Ladies.  James Buchanan and Grover Cleveland were bachelors when they assumed the presidency,  so Cleveland’s sister Rose Elizabeth served as his First Lady until he married Florence Folsom fifteen months into his administration, and Harriet Lane, Buchanan’s niece, acted as his hostess and was the first Presidential spouse referred to as the “First Lady.” Many other non-spouses served in the capacity for limited amounts of time for reasons comparable to Melania’s conflicts.

In short, Ioffe is ignorant of American history and didn’t know what she was tweeting about, but did so anyway, misleading the public. Continue reading →

Sen. Elizabeth Warren, Whitney Tilson, And Bigotry

/ Jack Marshall / 17 Comments

warren2

The PPP Poll on Democrats’ 2020 preferences found that “Joe Biden leads the way for Democrats with 31% to 24% for Bernie Sanders, and 16% for Elizabeth Warren. They’re the only folks we tested with meaningful support for the nomination at this point.” Since Warren is the only one in that groups not eligible for Social Security, she’s at least the putative front-runner for the 2020 race against President Trump. That’s not bad entirely bad news for Democrats. Warren’s smart and passionate, and she’s a fiery speaker.  Unfortunately, she’s also a jerk and more important, a bigot.

Warren has been on an anti-Trump rampage for months, and an anti-Wall Street rampage forever.   She recently graced  Facebook with another anti-business rant to her nearly 2.5 million followers. In it, she condemned Whitney Tilson, who runs Kase Capital, calling him a “hedge fund billionaire” who is “thrilled by Donald Trump’s economic team of Wall Street insiders.” The Massachusetts Senator wrote, “Tilson knows that, despite all the stunts and rhetoric, Donald Trump isn’t going to change the economic system…The next four years are going to be a bonanza for the Whitney Tilsons of the world.”

This gratuitous attack was pure bigotry.  To bigots, what matters is what people are—blacks, whites, Jews, gays, men, women, Muslims, poor people, rich people, Democrats, Republicans. Also Trump voters, feminists, Christians, college students, bankers, and lawyers. Bigots assign unattractive, negative character traits to individuals based on neat categories they can be placed in, and their real beliefs, principles, and most important of all, acts don’t matter. Warren’s reference to “the Whitney Tilsons of the world” is the mark of a bigot. If you work on Wall Street, you are just like all the rest to her. Greedy. Corrupt. Bad.

The  hateful attitude from Warren is especially unfair in Tilson’s case. He was one few financial executives who publicly opposed Trump and supported Hillary Clinton. He is a lifelong Democrat, and he helped start the terrific volunteer teacher program Teach for America; he doesn’t just sit around counting his money.  (Warren, incidentally, is about as rich as he is.) Tilson was also  one of the very few Wall Street executives who  donated to Senator Warren’s campaign for the Senate. Tilson, like Warren, has supports tough regulations for his industry.  “I’m a fan of Dodd-Frank,” he said in a recent interview. ” I think banking should be boring…I worry about Wall Street returning to being a casino.” Continue reading →

Baseball Installs An Anti-Hazing, Anti-Bullying Policy That Proves It Doesn’t Understand What’s Wrong With Bullying And Hazing

/ Jack Marshall / 42 Comments

mlb-drag-1

Every year, Major League Baseball teams indulge in a high-profile, stupid and offensive ritual by forcing their rookies to dress in ridiculous costumes as they travel  home after their final road trip. This is  hazing, the team’s veterans humiliating the team’s young players and forcing them to show proper deference and character by submitting to it. Most of the time, the humiliation involved dressing in drag, because, as every red-blooded American male knows, nothing is worse than being compared to a woman. Continue reading →

“Fake News” Of The Day: Nate Silver Says Clinton “Almost Certainly” Would Be President If Not For Comey

/ Jack Marshall / 51 Comments
A bit bored, are we, Nate?

A bit bored, are we, Nate? Not a football fan?

The Left’s fury over the fact that their certifiably awful candidate somehow managed to lose to even more certifiably awful Donald Trump is unabated. Indeed, it seems to be getting worse, as Democrats, progressives and social justice warriors continue to reveal themselves as poor losers and lousy citizens—but spectacular hypocrites—by both trying to undo the election and attempting to undermine the legitimacy of the President Elect before he even moves in to 1600 Pennsylvania Avenue. At the same time, the Democratic Party is teaching our children, if they read Politico, that denying accountability and blaming others for your own botches is acceptable adult behavior. It wasn’t their fault that they managed to blow an election against an adversary they publicly wished for. It was the Russians! The FBI! The Electoral College! The news media! The voters hate women–even women hate women!

It was Hillary Clinton, of course, but never mind. Yesterday’s headline in The Washington Examiner and a few other news sources are sure to give the Democrats solace: Nate Silver (the acclaimed statistics guru who nonetheless joined other poll-readers to pronounce Hillary an odds on favorite to win on November 12 but with a bit less certainly than the rest, so he remains a genius by being less wrong), it said, had pronounced that “Clinton ‘almost certainly’ would be president if not for Comey.”

This is fake news. Why? I could go into detail about why it’s an irresponsible opinion and based on logical fallacies as well as confirmation bias, which Nate is supposed to understand, but that wouldn’t make the story fake news. It is fake news because Silver never said what the headline claims.

Silver, who actual writes up positions he believes are accurate on his blog, apparently was bored on Sunday so he began musing in a series of tweets.

“Comey had a large, measurable impact on the race. Harder to say with Russia/Wikileaks because it was drip-drip-drip,” he said in the first. This became, in the Examiner story, “Comey had a large, measurable impact on the race,” leaving out the second part of the tweet, the part that meant “I think, but it’s impossible to be sure because other things were happening too.”

I have to say, Nate is really sloppy here. One way Comey had a larger impact than he should have was because of the way the Clinton campaign reacted to his first letter, which he was ethically obligated to write. They sicced other lawyers on him (lawyers who were looking for jobs in the upcoming Clinton Administration); they even accused him of breaking the law, which was ridiculous. They made themselves, that is, Hillary, look guilty by attacking the same guy they had called a great American just a couple of months earlier for not recommending that the candidate be indicted. Continue reading →

Update: Generalissimo Franco* Is Still Dead, And Snopes Is Still An Unethical Website

/ Jack Marshall / 10 Comments
Snopes.com's favorite in "The Wizard of Oz," and I don't mean Ray Bolger...

Snopes.com’s favorite in “The Wizard of Oz,” and I don’t mean Ray Bolger…

The July 31 Ethics Alarms post detailing how snopes.com, usually referred to as the “fact and rumor check website,” has quietly morphed into just another progressive Democrat online spin-merchant nailed these frauds based on their tortured spin to protect Hillary Clinton and her election prospects from legitimate criticism and, in the case of Clinton’s decade-old defense of a child rapist, illegitimate criticism based on genuine facts that Snopes denied anyway.

That is…don’t ask me why…the most read, linked and shared Ethics Alarms post ever. It even was the target of some of Hillary’s paid online trolls, whom I recognized when I realized they were writing from the same (false) talking points memo. Just to be clear, there is no longer any legitimate dispute that Snopes can’t be trusted, is subject to partisan bias, and is thus 100% useless as a “fact and rumor check website,” since their writers warp facts and debunk the truth when they feel like it.

I ended the July pots on this depressing note for me, because I once used and recommended the site with confidence:

That’s the end for Snopes. Even one example of bias-fed misrepresentation ends any justifiable trust readers can have that the site is fair, objective and trustworthy. Snopes has proven that it has a political and partisan agenda, and that it is willing to mislead and deceive its readers to advance it.

Can it recover? Maybe, but not without…

…Getting out of the political fact-checking business.

…Firing Dan Evon, who used the misleading flag photos, as well as Kim LaCapria.

…Confessing its betrayal of trust and capitulation to partisan bias, apologizing, and taking remedial measures.

With all the misinformation on the web, a trustworthy web site like Snopes used to be is essential. Unfortunately, a site that is the purveyor of falsity cannot also be the antidote for it.

I’ll miss Snopes, but until it acknowledges its ethics breach and convinces me that the site’s days of spinning and lying were a short-lived aberration, I won’t be using it again.

Two developments since this was written are worth noting. The weird one is that the site has been prominently cited as an authority more often since that post than before it. NBC’s FBI action drama “Blind Spot” had a character settle an argument by referring to Snopes, a first, and increasing numbers of news reports and op-eds have cited Snopes as well. Obviously the scriptwriters, reporters and pundits don’t read “Ethics Alarms,” but this is pure negligence. Snopes can’t be trusted. It’s as simple as that.

I have received from readers more examples of Snopes Spinning For Democrats, but this one, flagged by the Daily Caller, is worthy of this brief return to the issue. Continue reading →

Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

/ Jack Marshall / 26 Comments
Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading →