Pre-Christmas Ethics Forum: Tell It!

Admittedly, Ethics Alarms is more of a little hill than a mountain, but solid ethical analysis has a way of traveling.

Besides, I’m trying…

Unethical Asshole Of The Month: MSG Entertainment CEO James Dolan

The Ethics Alarms 2022 Award for Asshole of the Year will be awarded to Donald Trump, natch, later today, and this episode involving the CEO of MSG Entertainment won’t threaten Trump’s honor. I could see Trump doing this. I could see Elon Musk doing it; indeed, he came close.

But James Dolan’s conduct is still pretty disgusting. Lawyer Kelly Conlon was accompanying her daughter and her daughter’s Girl Scout troop to a performance of the “Christmas Spectacular” show with the Rockettes at Radio City Music Hall in New York City when a facial recognition system identified her in the lobby. After walking into the theater Conlon was flagged by security and told to leave because of she works for Davis, Saperstein & Salomon, a law firm representing clients in litigation against MSG, a large entertainment holding company overseeing live events at venues including Madison Square Garden, Radio City Music Hall, the Beacon Theater and the Hulu Theater. CEO Dolan has a policy of banning attorneys at any law firm that sues an MSG venues from attending MSG events.

Conlan isn’t alone in being harassed; another lawyer, Nicolette Landi, was on her way to Mariah Carey’s “Merry Christmas To All Show” at Madison Square Garden last week, when she was denied entry too. All the members of her law firm, Burns and Harris, had received letters banning them from events at all of MSG’s properties. Lawyer Larry Hutcher, a Knicks season ticket holder for nearly 50 years, also found himself on the blacklist because his firm, Davidoff Hutcher & Citron LLP, is in litigation against Dolan’s properties.

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Morning Ethics Warm-Up, 12/21/2022:Chilly Ethics…

(I know that’s not a very holiday-cheery graphic, but it’s how this Jack feels—like Jack Nicholson playing Frozen Jack Torrance in “The Shining”—after walking Spuds this chilly morning…)

A few notes before we start in earnest…

  • Relatively few lawyers in the D.C. area (that I have talked with on the topic)seem to think Rudy Giuliani either should be disbarred or will be for, in the over-heated words of the D.C. Bar’s ethics prosecutor, “weaponizing his bar license.” Those who do see doom for Rudy seem to be in the  group of  hyper-partisan lawyers (bias makes you stupid!) who want to make it impossible for Donald Trump to get effective legal representation, which allies the attack on old Rudy with the recent referral to the Justice Department for prosecution of the former President from a transparently partisan “Get Trump!” investigation in the House.
  • Ed Larson, the Pulitzer-winning historian who collaborated with me on “The Essential Words and Writings of Clarence Darrow” (a great Christmas gift!) has just written a new book, “American Inheritance: Liberty and Slavery in the Birth of a Nation.” It promises to be excellent, and a scholarly as well as fascinating tonic for “1619 Project” nonsense.
  • An unscientific survey: based on lawn decorations in Alexandria, Virginia, secular Christmas has now completely obliterated the religious holiday, and we have returned to the holiday’s pagan origins. I’ve been counting: inflatables of Will Farrell in “Elf” (8 to 1) and Chevy Chase being electrocuted in “Christmas Vacation” (4-1)  outnumber any references to Jesus’s birth…indeed, a single, lonely creche is the only hint of that event among over a hundred homes in my neighborhood. Snowmen dominate the lawn genre completely here. Back in my Arlington, Massachusetts days, it was common to see multiple manger scenes on every street and road.

1. Diversity follies…The Washington Post completely beclowned itself by allowing academic race-hustler Erika Edwards to author an op-ed titled “Why doesn’t Argentina have more Black players in the World Cup?” Apart from the obvious and correct answer, “Because the players the team has are the best players, and you don’t choose athletic team squads via affirmative action,” there is also the fact that the percentage of African-Argentinians in the country is 0.37%. Never mind: the Post allowed Edwards to imply the country was racially biased against blacks anyway. Said critic Ignacio Manuel García Medina,

Why is Argentina’s national team any more racist for not having any black players than Japan’s national team for having only Asians? Why is not Cameroon’s team racist for not having any whites, Latinos or Asians? The answer seems obvious: because The Washington Post is only interested in bombarding us with the white supremacist narrative that the left loves and exploits so much.The Washington Post‘s ridiculous article would prove that those who boast most about respect and tolerance for other cultures are actually the ones who look down on others. The readers of The Washington Post deserve much more than articles that pretend to be well-documented but think that soccer teams and countries should be like a Netflix movie.

Yup!

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Twitter Files VII: Here’s More News That’s Fit To Print That The NYT Won’t, And Sunlight That The WaPo Will Block To Keep Us In Darkness…

The latest document drop from Twitter is reported by Michael Shellenberger. I shouldn’t have to do this: real journalists, if there were any, should do it. Yes, I know there’s a Twitter app that will collect tweet-burts like this, but I’m not on Twitter yet and won’t be until I’m certain where this wheel-of-chaos will stop.

As ought to be apparent by now, there are three separate but interlocking ethics matters here. One is, of course, the dastardly and fair election-staining conspiracy by the mainstream news media, social media and the “deep state” intelligence and law enforcement agencies to ensure that Joe Biden won the Presidency in 2020. (No, it is irrelevant that he probably would have won anyway. That is like saying that Barry Bonds deserves to be in the Hall of Fame because he was good enough that he didn’t have to cheat.) The second ethics issue is the implications of the convincing evidence of government agencies using their power and influence to work around the First Amendment and censor speech (and specific individuals) they found inconvenient to their political agendas.

The third is the ongoing refusal of the mainstream media to report this. I regard this the most serious of the three, and the other two are very serious indeed.

Here is “Twitter Files,” part 7. As before, you’ll need to go to the link to see the attachments, which are helpful. A lot is repetitive, but this quote alone is worth reviewing the material: “As of 2020, there were so many former FBI employees — “Bu alumni” — working at Twitter that they had created their own private Slack channel and a crib sheet to onboard new FBI arrivals.”

In Twitter Files #6, we saw the FBI relentlessly seek to exercise influence over Twitter, including over its content, its users, and its data. In Twitter Files #7, we present evidence pointing to an organized effort by representatives of the intelligence community (IC), aimed at senior executives at news and social media companies, to discredit leaked information about Hunter Biden before and after it was published.

The story begins in December 2019 when a Delaware computer store owner named John Paul (J.P.) Mac Isaac contacts the FBI about a laptop that Hunter Biden had left with him On Dec 9, 2019, the FBI issues a subpoena for, and takes, Hunter Biden’s laptop. By Aug 2020, Mac Isaac still had not heard back from the FBI, even though he had discovered evidence of criminal activity. And so he emails Rudy Giuliani, who was under FBI surveillance at the time. In early Oct, Giuliani gives it to@nypost.

Shortly before 7 pm ET on October 13, Hunter Biden’s lawyer, George Mesires, emails JP Mac Isaac. Hunter and Mesires had just learned from the New York Post that its story about the laptop would be published the next day. At 9:22 pm ET (6:22 PT), FBI Special Agent Elvis Chan sends 10 documents to Twitter’s then-Head of Site Integrity, Yoel Roth, through Teleporter, a one-way communications channel from the FBI to Twitter.The next day, October 14, 2020, The New York Post runs its explosive story revealing the business dealings of President Joe Biden’s son, Hunter. Every single fact in it was accurate. And yet, within hours, Twitter and other social media companies censor the NY Post article, preventing it from spreading and, more importantly, undermining its credibility in the minds of many Americans. Why is that? What, exactly, happened?

On Dec 2, Matt Taibbi  described the debate inside Twitter over its decision to censor a wholly accurate article. Since then, we have discovered new info that points to an organized effort by the intel community to influence Twitter & other platforms. First, it’s important to understand that Hunter Biden earned *tens of millions* of dollars in contracts with foreign businesses, including ones linked to China’s government, for which Hunter offered no real work. Here’s an overview by investigative journalist  @peterschweizer

And yet, during all of 2020, the FBI and other law enforcement agencies repeatedly primed Yoel Roth to dismiss reports of Hunter Biden’s laptop as a Russian “hack and leak” operation. This is from a sworn declaration by Roth given in December 2020:

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Mid-Annual Tree Lighting Ordeal Ethics Ornaments, 12/18/2022: A Slippery Slope, The Sound of One Hand Clapping, A Dinner For Schmucks, And A Hungry Hippo…

I type this with scratches on my wrists. Let’s see: my Christmas tree lighting saga began yesterday when I discovered that almost half of the thousand plus lights  I tested and put away a year ago went dead for no apparent reason. A wild hunt to five stores revealed a run on multi-colored lights all over Alexandria, and the terrible news that the Old Town Alexandria landmark “The Christmas Attic” had closed its doors, so my hope of purchasing some unique colored lights as I have in the past was foiled, perhaps forever. Today, having eventually found some barely acceptable replacements for the dead strings, I discovered that my lovely 9 ft. Fasier fir was one of those perverse trees with dense branches growing sideways, Then the first string I hung, in the middle of the tree, stopped working after several more had covered it, and the hunt for the loose connection, ultimately successful, scarred my arms for life. I’m writing this post to calm down; I have several hours of pain and frustration ahead of me.

Mel Torme left all of that out of his song….

In the midst of all this, a Trump Deranged commenter whom I had passed through moderation called me a “Maga propaganda” channeling “hack” because I use the term Wuhan virus” to describe the destructive pathogen that originated in the Wuhan province in China. I have explained in detail why Ethics Alarms does this: the short justification is that I am nobody’s political correctness monkey, facts aren’t racist, and the Left’s campaign to eliminate Wuhan virus from the lexicon was in great part a feature of the ongoing effort to cast President Trump as a racist based on nothing at all.

I also, I hope you notice, refuse to capitalize the b in “black” (and the w in “white”) just because a white-guilt-predator activist committee somewhere decided that was a hoop good little antiracists had to jump through. This is exactly the same principle behind my refusal to let anyone dictate that I use their pronouns if I doubt their accuracy and the individual has done nothing to justify my trust and  good will.

1. Pete Gray, the one-armed outfielder, and Jim Abbott, the one handed pitcher, applaud (figuratively)…  Hansel Emmanuel,  a 6-foot-6 freshman guard on the  Northwestern State basketball team, dribbled between two defenders to deliver “a thunderous dunk” in a 91-73 win over Louisiana-Monroe. It was his first basket of the season. Emmanuel has only one arm. See?

Emmanuel,  19,  lost his left arm just below his shoulder in a childhood accident. He ended the game scoring five points with two rebounds in eight minutes. After the game, Emmanuel said, “I know my family was proud. I had to keep working. You can’t give up.” Continue reading

The D.C. Bar’s Legal Ethics Proceedings Against Rudi Giuliani: I’m Confused

I confess: I find the reports of the recent hearing before the D.C. Bar’s Board on Professional Responsibility bizarre, the intensity of the prosecutor ,Hamilton “Phil” Fox III of the  Bar’s Office of Disciplinary Counsel surprising, and demand that Giuliani be disbarred surprising. I am limited as to what I can discern from these reports, and to some extent it’s my own fault: until now, I was not aware that such hearings were streamed online, so I could have watched this inquiry live two weeks ago. I can’t now, because one can only watch the broadcasts live; they are erased after they are completed. Good to know, but it’s too late for me to make a first hand analysis.

Among other things that confuse me is why the Washington Post assigned a non-lawyer (and definitely a non legal ethics specialist) to cover the hearing and write the story. That explains the infuriating vagueness of the reporting, as in the repeated explanation that Giuliani is being accused of “misusing his law license.” I know the D.C. Rules of Professional Conduct pretty well, as I’ve taught it for over 25 years: “Misusing a law license” doesn’t appear there. Nowhere, including in the Post, can I find the specific rule or rules that the former New York City mayor and prosecutor allegedly violated. There has to be a rule. In New York, Giuliani’s license was suspended on a court’s determination that he  made “demonstrably false and misleading” statements that widespread voter fraud undermined the 2022 election.

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Still More Twitter Ethics: Musk’s Cynical Poll And Another”Twitter Files” Summary

Ugh. The 6th installment of the “Twitter Files,” this one tweeted out by Matt Taibbi (your host just had to copy and paste 31 damn tweets together to be readable, always what I love doing before a cup of coffee on a Saturday morning. This might have something to do with why I just spilled orange juice on my modem…You’re welcome.). It is the most alarming of the installments so far. I can’t wait to read how the Washington Post and the other complicity proto-totalitarians in the news media try to spin this one as a “nothingburger.” It is a given that the main methodolgy will involve simply not reporting on it, as has been the primary response to the earlier “Twitter Files” revelations via substack’s rebel journalists. Let’s see: I haven’t checked today’s digital Times yet: Any mention?….

NO!

The only mentions of Twitter involve Musk’s suspension of journalists (BAD Musk!) discussed here yesterday. The embargo on the Twitter revelations are at least as sinister and outrageous as the Hunter Biden laptop media/social media conspiracy; I confess that I’m surprised at the audacity of the Times and the rest (almost everyone but Fox News and the New York Post, and the conservative websites. Well, the ethics blogs, of course)

A few observations before you commence your assignment as an informed citizen:

  • Musk cagily backtracked on the suspensions using the “poll” devise he employed to justify restoring Trump’s tweeting privileges. He was facing threats by the EU (it was going to be expensive and time-consuming to tell the Europeans “bite me,” though that’s what they deserved and it may have occured to him that Ethics Alarms was right: the banning of so many progressive reporters looked like payback even if it were justifiable. Musk can’t run Twitter by poll, though, if he is truly devoted to promoting free and open public discourse.
  • The past seven years (or more) make the conclusion unavoidable that the FBI is untrustworthy, partisan, corrupt,dangerous, and a threat to undermine the Republic. That is not a news that easy to process or accept, but it can’t be ignored or shrugged off any more.
  • In a complete reversal of positions from what was routine in my youth, Republicans are targeting the FBI for criticism and investigation while Democrats appear to be saying by their silence, “What’s the big deal?” The Republican House Judiciary Committee account tweeted, “Does anyone still trust the FBI?” (“republicans pounce!”)  Sen. Josh Hawley (R-Mo), speculated that  the FBI’s alleged interactions with Twitter could suggest they were working with Google and Facebook as well. Gee, yah think?

  • Again, because it can’t be over-stated, the mainstream media is deliberately trying to keep the public in the dark about all of it.
  • But the major effect of this seems to be only the further erosion of public trust in the news media. The truth is out there, as Mulder and Scully would say, and it’s sinking in. The December Harvard CAPS / Harris Poll  finds that nearly two-thirds of voters believe Twitter shadow-banned users and engaged in political censorship during the 2020 election. Seventy percent of voters want new national laws protecting users from corporate censorship.
  • What is described below is, in fact, the U.S. government violating the First Amendment by proxy:

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Friday Evening Ethics Festival, 12/16/2022:

What a failure today has been, and all I was absolutely determined to accomplish was getting the lights on the tree…

1. NOW he’s figured it out..Former Twitter CEO and co-founder Jack Dorsey, weenie that he may be, has now figured out how Twitter should operate. He has penned an interesting piece full of regrets and second thoughts, containing these proposed core Twitter principles for the future. He begins his reflections,

There’s a lot of conversation around the #TwitterFiles. Here’s my take, and thoughts on how to fix the issues identified. 
I’ll start with the principles I’ve come to believe…based on everything I’ve learned and experienced through my past actions as a Twitter co-founder and lead:
  1. Social media must be resilient to corporate and government control.
  2. Only the original author may remove content they produce.
  3. Moderation is best implemented by algorithmic choice.
The Twitter when I led it and the Twitter of today do not meet any of these principles. This is my fault alone….
 
Gee, I don’t know what he’s making such a big deal about: the mainstream news media still doesn’t think the Twitter Files are worth reporting….

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Ethics Observations On Musk’s Blitzkrieg Twitter Account Bans

Interesting.

Twitter (aka Elon Musk) suspended the accounts of journalists from CNN, the New York Times, The Washington Post and other news sources yesterday, without warning and initially without giving any explanation.

Later last night, Musk tweeted, “Any account doxxing real-time location info of anyone will be suspended, as it is a physical safety violation. This includes posting links to sites with real-time location info. Posting locations someone traveled to on a slightly delayed basis isn’t a safety problem, so is ok.”

This morning, however, there was still confusion over whether all of those suspended had engaged in doxxing.

Observations:

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