Here’s Another Futile Boycott, But I Don’t Care: I’m Not Watching Another Dick Wolf Show Again…

To hell with Wolf and all his shows— “Law and Order,” the “FBI” series, “Chicago Med,” “…Fire,” “…P.D.” I could take, barely, the perpetual sympathy for illegal immigrants and appeal to open-border sentiment, but now I am convinced Wolf is a malign force, not just an active member of the Axis of Unethical Conduct but an unscrupulous agent of personal destruction.

Yeah, I know: it won’t make any difference, and I can’t change anything. But at least I’ll be able to look at myself in the mirror.

I just watched “The Long Arm of the Witness” episode 6 from “Law & Order: Special Victims Unit” on season 22 (2021). It was an hour-long assault on Supreme Court Justice Brett Kavanaugh, putting his public victimization by a politically motivated accuser from his distant past in a damning and malicious who conveniently had a recovered memory of a sexual assault that had no witnesses, at a party she couldn’t identify, in order to discredit a distinguished judge because the Left didn’t want another conservative on the Court.

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“A Nation of Assholes” Update: “I Fart In Your General Direction” Edition

Back in 2015 when I wrote that having a vulgarian like Donald Trump serve as our national role model (for that is one of the crucial jobs of American Presidents) would spawn “a nation of assholes,” I was tragically correct (“I’m smart! I’m not dumb like everybody says, I’m smart, and I want respect!”). However, I did not foresee how aggressively others in high profile positions—Robert De Niro, Nancy Pelosi, The Squad, Madison Avenue, athletes, Hollywood, journalists, singers and so many more—would rush to assist Trump in soiling our national civility, manners and discourse.

The latest new low—I did not see us reaching this subterranean level —comes from former NFL linebacker and current podcaster Will Compton. He and fellow ex-NFL player Taylor Lewan recently interviewed to Donald Trump on their podcast, “Bussin’ with the Boys.” They asked the once and future President about his sporting participation, and Trump revealed that he had played a little football in his youth.

“I played football, too. I didn’t particularly like it. I played tight end,” Trump said. “I could catch the ball good, but I didn’t particularly like having some guy that was lifting weights all day long and came from a bad neighborhood … and he sees me.”

The two ex-jocks laughed at Trump’s characterization, which of course meant they are racists, since obviously the reference to “bad neighborhoods” was a coded anti-black message. At least this was the narrative the Axis media was certain to adopt, and sure enough, a Washington Post reporter inquired of the pair, “What is amusing about Trump’s remark?” because it had received “a lot of attention online.”

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Link Misinformation and Deceit

In the previous post, a link on “ludicrous and incompetent campaign” will take readers to an excellent Manhattan Contrarian essay documenting how Kamala Harris’s deliberately non-substantive campaign is the most “unserious” Presidential run in American history. That means that it is an honest link, doing what a link to another source is supposed to do: provide reference and authority.

This morning, I was reading Nate Silver’s Bulletin on substack. Nate, who is unalterably left-biased but tries really hard to pretend he’s not, was musing about Trump being too old to be running for President (he’s right about that) and gives us this sentence, with a link: “Considering the long history of old presidents seeking to hold onto power when they were clearly diminished — there were many such cases before Trump and Joe Biden — we should probably just have a Constitutional amendment that says a president can’t be older than 75 on Inauguration Day.”

“Really?” I thought. I think I’m a reasonably thorough and informed student of the American Presidency, and I’m not aware of “many such cases” before Biden. In fact, I can think of just one: FDR, who unforgivably ran for a fourth term in 1944 knowing that he was dying of heart failure. Roosevelt wasn’t particularly old, either: he was 63 when he died.

Seeking enlightenment from Silver on this fascinating topic, I clicked on the link. The link (to another Silver essay) does not show us “many cases” of “old” and “clearly diminished” Presidents seeking to hold on to office. It doesn’t give any examples other than Woodrow Wilson (he doesn’t mention FDR), and Silver’s evidence that Wilson was “seeking” to “hold onto office” before his stroke is like Obama once musing about how nice it would be to have a third term. Wilson told someone he thought he could win another term (he couldn’t). Silver also mentions Truman, who was neither decrepit nor diminished when he left office at 69. Until the Great Depression and World War II allowed Roosevelt—who would have kept running for more terms until he dropped, a true American dictator— to break the unwritten rule against more than two terms set by George Washington’s precedent, officially seeking a third elected term was taboo.

So Silver’s link falsely informed readers that there was authority for the statement it was linked to, and there was not. I should have written about the misleading link practice before, because it is increasingly common and it is unethical. I see it in the New York Times and the Washington Post; I see it on other blogs and substacks. Oh, the links don’t always go to sources that don’t fit the link description, that’s why the deceptive practice works.

False-linkers know that most people don’t click on links; they want to read one post, not two or five. So when they see Nate’s link on “many such cases,” they assume, reasonably enough, that the link will show them many such cases, and that’s all they want to know: Nate isn’t making this up. See, there’s a link to his source!

But he was making it up, and the link doesn’t support his assertion in the the post containing the link.

Link deceit is just an internet version of an earlier version of the practice that still is common: footnotes in scholarly works and case sites in legal documents that are not really what a reader will assume they are. I have a book right here on my desk, a historical tome, that has over 700 footnotes, many of them with nothing more than a book or published paper title and an author. I assume, with such footnotes, that they indicate there is authority for what the book author has written, but I won’t usually check the source footnoted. Almost nobody will. However, in the past, when writing my own scholarly articles, I have checked footnoted references, and sometime discovered that they were like Silver’s link—not what they were represented as supporting by the author. I am told by litigators that it is shocking how many cases cited in the memos and briefs they read contain cites that don’t stand for what the cite’s placement suggests, or in some instances, cites to cases that don’t exist.

Scholars do this at some risk: you never know when a Christoper Rufo might be checking on you. Lawyers doing it risk serious ethics sanctions. The journalists, bloggers and pundits who use this deceit, however, figure that the risks are minimal: if they are caught, they just say “Oopsie! I made a mistake!” and move on to the next article…and more misleading links.

The Latest Democratic Party Tactic: Threats of Violence

I don’t know whether the letter above, reportedly being sent to Pennsylvania voters, is real or not. There have been so many false flag operations from both sides of the political divide in recent years that it is impossible to tell. But I do know which party is the most desperate, ruthless and without any apparent limits to the depths it will resort to in order to maintain the nation’s lurch toward proto-totalitarianism, censorship and one-party rule.

Now, as it senses Kamala Harris’s ludicrous and incompetent campaign is going to fall short, her party is pretty openly threatening violence if she receives the ballot box thrashing Democrats so richly deserve after four years of incompetence, a puppet President and a Soviet-style palace coup deposing him.

In an interview with Tucker Carlson (don’t get me started on him again), Axis journalist and pundit Mark Halperin asserted that tens of millions of Americans will be so freaked out at the election of Donald Trump to that they will suffer mass collective mental trauma. That, of course, means fury, panic and violence. I have no doubt that he his right. Progressives, Democrats, “the resistance” and the mainstream media have been escalating fear-mongering regarding Trump far, far beyond what it was in 2016, when a previously sane Boston lawyer told me tearfully that she feared for the life of her two-year-old child, so certain was she that the Mad Orange Mogul would lead us into nuclear war.

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Ethical Quote of the Week: Donald Trump

I sure didn’t see this designation coming! Trump is not prone to ethical outbursts. Maybe it’s even deserving of an Ethics Hero nod, under the circumstances. Here’s the quote:

“She seems to have an ability to survive, because you know she was out of the race, and all of the sudden she’s running for president. That’s a great ability that some people have and some people don’t have. She seems to have some pretty longtime friendships. And I call that a good thing. And she seems to have a nice way about her.”

Donald Trump, upon being asked by a young woman at the Univision town hall, “What are the three virtues that you see in Vice President Kamala Harris?”

The Trump-Deranged among you will say, I’m sure, that this was not a sincere response, but a calculated one desigend to win over voters. You will say that because you are literally incapable of believing anything good about the man.

But I see that as a genuine expression of admiration from someone who knows what the job of political leaders requires, and who admires perseverance under adversity and stress, because he has experienced those things first hand. He realizes that having genuine long-time friendships in politics is rare and a sign of good character.

I don’t know where he gets the idea that Harris has a “nice way about her,” but its his assessment, not mine.

Trump answered that way, moreover, as Harris and her party are increasingly making the demonizing and the denigrating of Donald Trump personally as their main, last ditch pitch for voting Democrat in the election.

I honestly didn’t think he had it in him to say something like this. Tit-for-tat is part of Trump’s operating philosophy. If you say something bad about him or cross him, you’re terrible. If you help him out or do what he wants, you’re a great person and friend.

There may be a bit more depth to Trump’s character and world view than I have perceived over the years.

Ethics Dunce: Fox News

I guess they are right: you can’t trust Fox News.

Tuning in for literally minutes this morning, I saw Fox News this morning run the video of the Cleveland Ind…sorry, Guardians stunning the New York Yankees in the American League Championship Series with an extra innings walk-off home run after tying the game with another homer in the 9th, as the Yankees were one out away from victory. Bill Hemmer and Dana Perino then spent an unusually long time expressing their enthusiasm for baseball and the play-of while making it crystal clear that neither of them knew what the hell they were talking about.

They said—twice!—that Cleveland was one strike away from elimination before that 9th inning home run. Morons. A Yankee win would have given New York a daunting 3 games to 0 lead (though the Yankees lost after having exactly that lead over the 2004 Boston Red Sox in that seasons’ famous ALCS), but the ALCS is a best-of-seven series, not best-of-five.

It’s disrespectful of baseball fans and the sport itself to presume to report baseball news and report it so carelessly and ignorantly. Perino and Hemmer obviously didn’t care enough to do their homework and to acquire sufficient basic knowledge about the play-offs to talk about the play-offs. Their feigned excitement was as fake as their commentary was incompetent. They are supposed to be professionals. A reporter thinking the ALCS is only five games while reporting on baseball’s play-offs is like thinking the popular vote determines the winner while reporting on a Presidential election.

Is a network that is this sloppy and unprofessional covering baseball likely to be more reliable when it reports on other matters?

Nope.

I Don’t Know Who Wrote This, But It Is Unethical, Insidious, and Wrong:

A usually astute and beneficent friend of long-standing posted that on Facebook recently.

I’d love to know what Marxist Ethics Corrupter wrote it, so I can hold him or her up to the derision, contempt and shunning such a sinister argument deserves. The obvious smoking gun in the statement is “what society needs to know.”

Who determines what society needs to know? Current public schools, administrators and teachers have concluded that society needs to know that the United States was based on slavery, that its Founders were villains, that U.S. is currently a racist nation that citizens “of color” cannot succeed in without special assistance, that sexual identify is fluid and that socialism is the only morally defensible form of government.

None of that belongs in a public school curriculum. Public school exists to teach skills and critical thinking: it should no more be teaching political cant than religion. The totalitarian who issued that poison above is advocating indoctrination, and worse, indoctrination by people who I don’t know, trust, or believe have the education, perspective or intelligence to decide what “society needs to know.”

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Oh, GOOD, Now I Get To File An Official Ethics Complaint About Liz Cheney With The D.C. Bar…

This story surprises me not in the least, as former representative Liz Cheney has the approximate respect for ethics of a wolf spider.

While vice chairwoman of the House committee “investigating” the January 6 Capitol riot (the correct term would be “exploiting”), Cheney used an encrypted phone app to directly communicate with witness Cassidy Hutchinson (above, with Cheney), who later changed her testimony. Cheney did this without alerting or having the permission and participation of Cassidy’s lawyer, a direct and serious violation of both legal ethics rules (Cheney is a member of the D.C. Bar and licensed to practice there) and Congressional rules as well.

Hutchinson was represented by D.C. attorney Stefan Passantino at the time, who says that he did not authorize the contacts with Cheney and was not aware of them until recently.

The D.C. Bar Rule of Professional Conduct 4.2 states that “a lawyer shall not communicate or cause another to communicate about the subject of the representation with a person known to be represented by another lawyer in the matter, unless the lawyer has the prior consent of the lawyer representing such other person or is authorized by law or a court order to do so.” Indeed every bar’s rules state this, as do the ABA Model Rules of Professional Conduct. It is one of the oldest and most strictly-observed legal ethics principles there is, pre-dating the first official set of legal ethics rules issued by the American Bar Association in 1908.

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Friday Open Forum, Self-Loathing Edition

I’m still trying to decide how much to beat myself up after an epic botch yesterday. I completely whiffed on one of my monthly (and sometimes bi-monthly) legal ethics Zoom seminars after I forgot to set my alarm clock. This has been an exhausting and stressful week, as if follows the long-planned memorial event for my wife, who died on Leap Year. Old friends and colleagues that I hadn’t seen for many years came from all across the country over the long weekend, and I was left gratified but emotionally and physically exhausted. Then I had to hustle to catch up with work, including preparing for a complicated new musical ethics program in the evening on the 16th. Then things went crazy: I had emergency calls from clients, a surprise house guest whom I had to drive to the train station at 5 am the next morning, and assorted other crises. Despite having my scheduled seminar at 9 am, I lay my head down at 6 am with the intention of catching a couple of hours sleep, but didn’t set the alarm. I woke up at 10.

I spent all day yesterday still exhausted and furious at myself, and woke up no better. After almost 8 months, I still haven’t adjusted to living and working alone. Grace handled my schedule, served as my back-up, kept me alert to upcoming appointments and commitments, screened my calls and emails, and generally made it possible for me to be productive and creative as I juggle disparate tasks and multi-process compulsively without not falling flat on my metaphorical face. And I’m just not good at that stuff. I’m not good at living alone. When unexpected complications merged with my not being at top form mentally, emotionally and physically, I couldn’t navigate the perfect storm and let a lot of people down. It’s over, there’s nothing more I can do about it, but I’m not accepting my own apology.

Well, enough about me: please use this opportunity to discuss important things involving ethics, leadership….you know, the usual.

More on the Kamala Harris Book Plagiarism Episode

In a post three days ago, Ethics Alarms examined Christopher Rufo’s claim that Kamala Harris engaged in plagiarism in her first book, and concluded, based on the New York Times reportage, that unlike, for example, the substantial plagiarism indulged in by ex-Harvard president Claudine Gay, prompting her exit, Harris’s uncredited lifting and copying (in a book written with a co-writer, or maybe not written by Harris at all) was careless and accidental rather than deliberate.

Now another metaphorical shoe has dropped.

The Times claimed to show plagiarism expert Jonathan Bailey the passages Rufo cited as plagiarized. It reported that he ruled that the material taken without attribution “were not serious, given the size of the document.” Now Bailey writes that he was unaware of a full dossier with additional allegations.” That means that the Times gave readers the impression that he had seen all of the questionable sections when he had not.

Now that he has reviewed everything, Bailey’s conclusion is a bit different. He writes that he now believes that the “case is more serious than I commented to the New York Times.” And with that, we are thrust into a sick version of Johnny Carson’s launching pad quiz show, “Who Do You Trust?” I will not leave you in any unnecessary suspense : the answer is “Nobody.”

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