Fake News Headline Of The Afternoon: “Electors Demand Intelligence Briefing Before Electoral College Vote”

fake-newsWow! The Electors have been so impressed by the CIA’s unsupported guesswork that Russia was trying to help Donald Trump win that they are demanding an intelligence briefing! The Electors! You know…well…

…Nine Democratic electors who are already pledged to vote for Hillary Clinton, and self-important paramedic Chris Supron, Republican Never-Trumper who has already said he is voting for John Kasich.

This headline by Politico (The Hill’s is just as bad:” Electors Want Briefing on Russian Interference”)  is deliberate and calculated fake news, and far more disruptive to the election and the nation than anything the Russians leaked. It’s in the specialized category of deceitful reporting to mislead, as well as click-bait. “Electors” sounds like the news media’s unconscionable drum-beating for Democrats trying to undermine both the election and Trump’s Presidency has a chance of actually overturning the results. “Ten electors”—the truth— sounds irrelevant to anything, which it is: Nine partisan Democratic electors and a faithless Republican who has already made up his mind comprise a pathetic and biased group of bitter-enders, and nothing more. It isn’t worthy of a news story at all. I wonder, what is the minimum number that The Hill and Politico would try to justify referring to as “electors.” Five? Two?

Among the Democrats, by the way, are Christine Pelosi, Nancy’s daughter, New Hampshire’s Carol Shea-Porter, a former member of Congress, and three three former  Democratic New Hampshire legislators, Terie Norelli, Bev Hollingsworth and Dudley Dudley. (Yes, Dudley Dudley.) Then there is D.C. Councilwoman Anita Bonds, former Rhode Island gubernatorial candidate Clayborne Pell, Maryland progressive activist Courtney Watson, and Colorado  delegate Micheal Baca, who has been working since the election to use the Electoral College to veto the votes of millions. No political agendas there!

And Chris, of course, the sole Republican.

I certainly hope the public understands and remembers how the Democratic Party disgraced its traditions and role in American politics by trying to win an election through twisting the rules after the votes were counted. I thought the fixed Senate impeachment trial of Bill Clinton was a travesty, but this is infinitely worse.

I haven’t heard any prominent party leaders condemning this attack on democracy, which tells us how just corrupt and unprincipled this increasingly anti-democratic party has become. The news media is complicit, of course, as Politico’s inexcusably misleading reporting shows.

Both deserve to pay a high price in the loss of respect and public trust.

Incompetent Elected Official Of The Month: Rep. Jim Himes (D-Conn.)

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because its antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You're an idiot.

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because it’s antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You’re an idiot.

Now a member of Congress has sided with the history-addled cheating advocates who are pressuring Republican electors to overturn the results of the 2016 election. One might expect electors to be this ignorant and confused, since they are not vetted or qualified and may be, for all voters know, self-righteous paramedics.  Smug and partisan social justice warriors using fake names are also not surprising us when they advocate something this unethical. However, we should be able to expect our elected representatives to have more respect for and understanding of our system. Unfortunately, we can’t.

Rep. Jim Himes (D-Conn.) concedes that Donald Trump won the election “fair and square.” (This is a small point in Himes’ favor, at least, since so many of his political brethren won’t even admit that). Nonetheless, he has announced that electors should defy the electorate and make Hillary Clinton President when they gather on December 19to  vote,despite the fact that Trump beat Clinton by winning states that gave him, or were supposed to, 306 Electoral College votes.

Himes’s “argument“ mark him as a bona fide idiot. We should not have bona fide idiots in Congress.

“We’re 5 wks from Inauguration & the President Elect is completely unhinged. The electoral college must do what it was designed for,” he tweeted yesterday. No, in fact, that was not what it was designed for. The Electoral College was designed to prevent big states in a federal system from dictating to the other states, which might not share their culture or sensitivities. Imagine a big, wacko state like California dominating our politics. In fact, that’s exactly what would happen without the Electoral College. In the election just completed, Clinton won the Golden Bankrupt Illegal Immigrant-Enabling State by almost 4 million votes, while Trump got more votes than  Clinton in the other 49 states and the District of Columbia.  That’s why we have the Electoral College, and a more brilliant device the Founders never devised. Continue reading →

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

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 →

Proposition: It Is Unethical For Universities To Permit Or Engage In The Political Indoctrination Of Students Without Having Expressly Informed Students Of That Intention Before They Enrolled

brainwashing

As part of the post 2016 Presidential election freak-out, hundreds colleges and universities have crossed all lines of fairness, professionalism and objectivity by making it clear to students who did not find Hillary Clinton’s defeat motivation to consider an overdose of Seconal that they were skunks at the picnic. College deans and presidents sent out campus wide expressions of horror at Trump’s victory, like the Vassar president’s message I noted here. University of Arkansas’ Dean, Michael Schwartz, offered free counseling services to students who were dist ought following the “most upsetting, most painful, most disturbing election season of my lifetime.” The only previous occasion when the school offered counseling was after a student committed suicide.

A Yale professor sent this statement to his students:

yale-professor

Then there are the administrative efforts to make it clear that dissent from the approved, sensitive, politically correct, university-sancioned and of course obviously beyond question or rebuttal position that a group of racist deplorables elected the anti-Christ as POTUS.

At Edgewood College, students had been invited to express their feelings about the election by writing them on post-it-notes and placing them on a designated table. Clearly, it was expected that everyone would express anger, shock, despair or grief, but one such note read “Suck it up, pussies!” This, which I would call a very reasonable, if vulgarly expressed, reaction, was deemed a “hate crime” by college officials, who have asked police to investigate.

College Vice President Tony Chambers sent a letter to campus condemning this “act of cowardly hatred” and “intimidation.” He wrote:

A group of cross-functional college staff representing campus security, student conduct, human resources, Title IX enforcement, and diversity and inclusion measures convened Tuesday morning to discuss how to address the hateful message. This group determined that the message constituted a Hate Crime…

Continue reading →

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

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 →

Warning From Great Britain: The “Lawscam” Excuse Is Coming To Colleges

It was all the fault of imperial Indian history....

It was all the fault of imperial Indian history….

The controversy died down a bit in 2016, but it is still out there: unemployed young lawyers are still blaming their law schools for the fact that their degrees didn’t deliver riches and success in a competitive field. When a ballyhooed lawsuit by one such lawyer failed last April, it briefly muted the howling, but the central misconception is still virulent. From the Ethics Alarms post about that law suit:

The rejection of Alaburda’s law suit sends a message that young lawyers need to hear, and heed. If they thought a law degree was going to guarantee their success, they have been tragically confused by the culture’s hucksters and politicians, not the law schools.  For too long, education has been sold as the key to income and jobs, when it is nothing but a process designed to make more competent, able, creative and responsible human beings. By itself, a degree proves nothing. It only signifies that its owner has had access to useful knowledge and the chance to develop useful skills. It is up to graduates to use that knowledge and those skills to make a life for themselves. If they fail to achieve their goals, they cannot blame the law school because they perceived a promise that was never made.

One failed suit, however, couldn’t undo the destructive false message society and its leaders have been issuing for decades: “the purpose of earning a diploma is to get a good job.” As more and more young men and women are steered into college and a college degree becomes symbolic of nothing, there will be more law suits by college graduates like the one currently being fought in Great Britain, where Faiz Siddiqui, an Oxford graduate, is suing his alma mater for not giving him a first-class degree 16 years ago. (In British universities, graduating with a “first class degree” is roughly similar to graduating “with honors” in an American college. Based on a student’s grades, Oxford gives out three classes of degrees, first-class being the highest.)

Siddiqui is now 38 years old, angry and disillusioned. In his suit, he alleges that his life and career were stunted because he didn’t earn “a first,” as the degree is called, when he  studied modern history at Brasenose College and graduated from Oxford University in June 2000. “Negligent teaching” in a course on Indian imperial history, he says, pulled down his overall grade and ruined his life. Now he’s asking for a million British pounds in damages for his lack of lifetime earnings in a legal action against the Oxford chancellor, masters and scholars. His barrister, Roger Mallalieu, also claims that Oxford is responsible for Siddiqui’s insomnia and depression.

Apparently the history module was less than optimum while Siddiqui was a student, because half of the teaching staff responsible for Asian history were on sabbatical.  Mallalieu told the British high court that the inferior teaching resulted in his client’s lesser grade and thus “denied him the chance of becoming a high-flying commercial barrister.” Continue reading →

Two From The “Bias Makes You Stupid” (Or The “Fake News”?) File:

trump-boos

1. “Newsweek”reporter Kurt Eichenwald reported via Twitter that Iowa supporters of president-elect Donald Trump booed astronaut and former Senator John Glenn when Trump mentioned his recent death. This “news” gave Trump-haters and Trump voter-haters everywhere more to justify their hatred, and the tweet (above) prompted thousands of retweets and likes….

fake-boosNever mind. It didn’t happen. The crowd was booing anti-Trump protesters, not Senator Glenn. Eichenwald sheepishly retracted the “scoop.”

2.Yesterday morning, MSNBC host Stephanie Ruhle claimed on the air that  Fox News was holding its Christmas party at President-elect Donald Trump’s recently opened Washington hotel, in the course of a discussion of Trump’s conflicts of interest. What a great example of how the conservative media is in bed with Trump—almost as much as the mainstream media was coordinating with the Clinton campaign!

Unfortunately, Fox News hasn’t held its annual party yet, and has scheduled its actual party at a hotel that isn’t affiliated with Trump. Ruhl had to issue an apology and a retraction.

In response to the recent Ethics Alarms post about the hypocrisy and dubious motives behind the mainstream media’s sudden obsession with the “fake news” crisis, some commenters argued that EA is confounding good faith journalism mistakes with the real “fake news,” a term that should be narrowly used when a source intentionally issues a false story “maliciously.” The spectrum, however, is too seamless to parse this way. Continue reading →

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading →

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

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 →

Now THIS Is A Conflict Of Interest…Or Is It?

alton_attorney_accidentally_sues_himself

Is it a conflict of interest for a lawyer to represent a client suing herself? Lawyers are all forbidden to bring adverse actions against their own clients; it is the conflict of all conflicts, a pure breach of loyalty. Does this mean, then, that even when a statute requires a plaintiff to sue herself as a defendant, it can’t be done without breaching the ethics rules?

The case is Bagley v, Bagley, and both Bagleys are the same Bagley.

State Farm Insurance Company handled Barbara Bagley’s car insurance. She was driving when her car flipped and killed her common law husband.  To compel State Farm to indemnify her, Bagley, in her dual capacities as sole heir and personal representative of the estate of her husband, was required to bring this suit against herself as the negligent driver. Bagley as plaintiff and as her husband’s heir brought a cause of action pursuant to Utah Code section 78B-3-106, Utah‘s wrongful death statute, alleging that the defendant—her— negligently caused her, that is, the plaintiff’s husband’s death, thereby depriving his sole heir –the plaintiff, but also the defendant—of his “love, companionship, society, comfort, care, protection, financial support, pleasure, and affection.”  She also brought a second cause of action pursuant to Utah Code section 78B-3-107, Utah‘s survival action statute, alleging that the defendant—her again— negligently caused the deceased to experience pain and suffering prior to his death, entitling Bagley’s late husband’s estate to other damages. Continue reading →