1. On the matter of whether James Demore’s Google memowas unethical in its distribution, which some commenters here dispute, apparently he took the precaution of hiring an employment lawyer before he sent the memo. This strongly suggests that he was not merely opening up an internal discussion, but intentionally provoking a confrontation. If he just wanted to alert management to a problem, the ethical approach was to speak directly to management, not put out an e-mail that he had to know someone would leak to the internet.
Meanwhile, Google’s firing Demore for politely raising legitimate culture issues belies its “Don’t Be Evil” motto. It also may be illegal: Federal labor law bars union AND non-union employers alike from punishing an employee for communicating with fellow employees about improving working conditions. California also has a very strong anti-political discrimination law which “prohibits employers from threatening to fire employees to get them to adopt or refrain from adopting a particular political course of action.”
2. I noted this in yesterday’s post, but it’s worse than I thought: the left-wing news media, which is to say the news-media, has displayed neither discipline, common sense (you can’t keep signalling how biased you are, guys—eventually people will notice) nor ethical journalism by outrageously misrepresenting the message and the tone of the memo. CNN’s Brooke Baldwin, for example, described the memo as saying “I don’t really like women anywhere near a computer.” That’s false reporting. Do these people understand that anyone can read the memo and see that either they are lying, or haven’t read the memo?
3. The memo’s allegedly “controversial” statement that men and women have some innate physiological, emotional and psychological differences that make their genders (in general, not in specific cases) better or less-well-suited for certain jobs, tasks or fields takes me back to my multiple battles with feminists who insisted that I cast female actors in “Twelve Angry Men.” They simply put their fingers in their ears and hummed when I pointed out that the play was about the group dynamics when twelve disparate male strangers are locked in a room. Do women in such a situation keep threatening each other physically? I think not. Actually, the play is an advertisement for diversity: having women in that largely dysfunctional fictional jury would have probably solved many of its problems, but because women are different from men, not because they are exactly the same, as the Georgetown feminists insisted. Women really need to decide what their stand is: are they different in ways that can be advantageous, or not different at all? They can’t have it both ways. On Instapundit, Glenn Reynolds recalled “The Althouse Rule of Gender Research”, which is, : “Scientists: remember to portray whatever you find to be true of women as superior.”
This goes for commentators, pundits, journalists, educators and, of course, Presidential candidates. ‘We need a woman in the White House (because men screw things up)’ is wise and true, and not sexist at all. Continue reading →
“There is an open frustration among many who want confirmation that we are finally close to a Trump indictment. It is neither satisfying nor entertaining to consistently say that this is far short of any cognizable criminal case. However, the cable news is filled with experts assuring viewers that we are closer than we are. It is like finding a scientist willing to assure viewers that the moon is half its actual distance. It may be an exciting prospect, but it makes any attempt a dangerous pursuit.”
—-George Washington University Law School Professor Jonathan Turley, decisively debunking claims that President Trump was guilty of “witness tampering” when he helped hos son craft a misleading description of his meeting with Russians offering “opposition research.”
When the nauseating history of “the resistance” is written, laying out how Democrats, progressives and the news media abused, harassed, undermined, obstructed and withheld basic respect of his office from this President unlike any before him in hopes of overturning an election, Professor Turley will stand tall, just as he did during the run-up to the Clinton impeachment, when he was one of the few liberal scholars with the courage to spit on the Democrats’ “everybody does it” and “it’s just sex” defenses. Along with fellow liberal legal scholar Alan Dershowitz, Turley has steadfastly insisted on legal precision and fairness from the various members of his profession, some distinguished indeed, who have rushed to give aid and comport to anti-Trump zealots by jamming the square pegs of Trump’s conduct into the round holes of criminal statutes.
One of the repeat offenders has been former Harvard law professor Lawrence Tribe. Tribe quickly announced that what Trump had done by working on his son’s statement was witness tampering. Tribe previously has opined that Trump and his family was guilty of evidence of obstruction of justice, criminal election violations, Logan Act violations, extortion and possible treason by the president or his family, as well as by May joining Maxine Waters in the indefensible fantasy that Trump could and should be impeached. Tribe also recently tweeted that White House aide Stephen Miller was a “non human,” though that tweet has been taken down by its impulsive author.
Come on, Larry! You can’t do “the resistance” any good by broadcasting your biases like that!
Yes, there is strong evidence that the Trump Hate Virus has eaten away at the once brilliant professor’s prodigious brain, but Turley respectfully treats his latest impeachment fantasy with the respect it might deserve if Tribe were still at its peak:
[A] misleading statement is not a crime in itself — or half of Washington would be serving time. It is spin. It turned out to be remarkably ill-advised and self-defeating spin, but it was a classic effort to emphasize the least damaging part of the story. It was also dumb. The president knew there was a special counsel in the field investigating his role into a possible effort to obstruct the Russian investigation. There were various options in responding to the New York Times story about emails to Trump’s son.
This was the worst of all available options. The president prevented his staff from insulating himself from the story and creating some crush space between him and his controversy. By inserting himself into the controversy, he harmed both his and his son’s legal position. Trump, once again, made the White House the center of gravity for the scandal rather than Trump Tower or the campaign….
However, it still does not make it a crime. Take Tribe’s witness tampering claim. The statutory provision in 18 U.S.C. 1512 addresses an effort to “corruptly persuade another person” to “influence” testimony of that person in the withholding of information. This language has never been extended to a public statement of this kind.
First, there was no existing demand for testimony from Trump Jr. on this meeting. Second, there is no evidence that Trump told his son to lie about the email or the original understanding of the meeting. This was not coaching for testimony but a public defense. Third, even if this were construed to be about testimony, the law contains an express affirmative defense (that needs only be proven by a preponderance of the evidence) that “the conduct consisted solely of lawful conduct” and that the defendant intended to encourage truthful testimony. The Trumps have emphasized what the meeting primarily addressed while downplaying what it was intended to address. They did not address the original purpose in the statement.
Turley goes on to note the pernicious double standards being employed by Tribe and others corrupted by their “resistance” fervor.”
“The Clintons were famous for such spins. Indeed, with knowledge of an ongoing investigation in the field, Clinton repeatedly changed her account of the use of a personal server to transmit sensitive and classified information. It went from an assertion that no classified material was sent (which is untrue) to a statement that she never “received nor sent any material that was marked classified” (which is also untrue).”
Of course, Tribe never raised a peep about Hillary’s conduct on Twitter or anywhere else. Continue reading →
Obviously, this is not true. In fact, Anderson didn’t mention the story at all….
While the Trump-stalking pro-“resistance” news media has been lightning-quick to pounce on any whiff of suspicion emanating from everything from a botched opposition research attempt by the President’s idiot son, to a “secret” meeting between the President and Putin that was in plain view. to a shockingly friendly letter to the President from a 9-year-old, it has been strangely incurious about this story, which to the non Trump-deranged is belching more smoke than any two “scandals” being investigated by the special counsel. No headlines, no segments on the broadcast news, except for Fox, of course. I haven’t written about it because it’s difficult to find sources other than Fox and Breitbart to rely on. I’m still unsure what exactly it all means
Up to the moment he was arrested for bank fraud as he attempted to leave the country for Pakistan, Imran Awan was being paid by Rep. Debbie Wasserman Schultz, former chair of the Democratic National Committee, former Hillary Clinton campaign staffer (added immediately and shamelessly after having to resign after being revealed as leading the rigging of the nomination against Bernie Sanders and for Hillary), and hilariously dishonest spinner for Barack Obama for eight years, as her trusted IT guy. Well, as her IT guy, anyway.
Aswan’s wife, Hina Alvi, also in the family business of being paid by Democrats, had already fled the country with her three young daughters. The Awans had snagged a fraudulent $165,000 loan from the Congressional Federal Credit Union, and sent it home to Pakistan. Aswan’s position with the DNC and Wasserman-Schultz had given him and other nefarious collaborators—his relatives!— in various Hill IT department years of access to the e-mails and electronic files of members of the House’s Intelligence and Foreign Affairs Committees. They were accessing members’ computers without their knowledge, transferring files to remote servers, and stealing computer equipment, including hard drives.
The Democrats fired all of the Awans early this year, except, oddly, for Awan himself, who stayed on Debbie’s staff, collecting a heft salary. She kept him in a place that allowed access to the work product and communications of members of United States Congress right up until he was arrested.
I’ll spare you the horror of having to watch the entire video above, and display the transcript of Watts Rep. Maxine Waters as she abused Treasury Secretary Steve Mnuchin at a House Financial Services Committee hearing this week. Waters continued to interrupt Mnuchin as he attempted to answer her hostile cross-examination. Her mantra “reclaiming my time” expressed her ridiculous position that any words from the guest of the committee that didn’t specifically address her questions to her satisfaction was an intrusion on her time for shameless grandstanding. Note the committee chairman’s explanation to Mnuchin that while the rules can direct how testifiers should be treated, they cannot dictate how they will be treated. In other words, if a member is determined to behave like a rude, disrespectful jerk, she will.
Here’s the mind-blowing transcript. It didn’t literally blow my mind, hence no KABOOM! designation, because Waters is such a well-known and beyond a shadow of a doubt hyper-partisan fool and embarrassment to the nation that pretty much nothing she might do or say can shock me sufficiently. Does it not occur to Africa-American majority districts that electing Representatives this incompetent, shrill and offensive is not in their best interest, even though the Democratic Party and the news media bend themselves in half to pretend she isn’t a disgrace.
[I was up until 3 AM watching a Red Sox game in Seattle that went 13 innings and five hours—they lost– and this doesn’t feel like morning, it feels like Hell. I’m dictating this to my dog, and hoping it warms ME up…]
1. The American Psychoanalytic Association told its 3,500 members that they should not feel bound by the so-called “Goldwater Rule,” which the rival American Psychiatric Association announced in 1964, prohibiting its members from diagnosing political figures from afar without the benefit of actually examining them. It’s an ethics rule, an obvious one, and shouldn’t be controversial. As I have documented here, however, professionals of all kinds have allowed anti-Trump bias, panic and fervor to dissolve their ethical standards. The groups afflicted include college presidents, teachers, scientists, lawyers, judges, historians, legal ethicists, journalists and artists. Nobody should be shocked that psychiatrists are eager to do the same. As with the other professionals, all they will accomplish is an erosion of public respect and trust. I thought Ann Althouse’s response to the announcement was spot on:
Let them speak, and then the rest of us will speak about whether they are professionals deserving of deference or human beings like the rest of us who can’t keep our political preferences from skewing whatever it is we might think about some pressing issue of the day.
Go ahead, expose yourselves. Let us see all narcissism, impulsivity, poor attention span, paranoia, and other traits that impair your ability to lead.
2. I’m not devoting a solo post to the ridiculous Trump Boy Scout speech controversy, because despite all the efforts of the news media to maintain otherwise, it was not a scandal, was not a big deal, was not an enduring scar on the Boy Scouts of America, and is mostly significant as demonstrating how distorted the perception of those who are verging on being physically allergic to the President has become. Some points that have arisen in the thread about the speech are important to note, however. Continue reading →
…and gee, it’s good to be back home! You have no idea how good it is.
1. ARRRGH! I returned to Ethics Alarms with 6 pending comments, and I want to apologize profusely for the back-up, especially to poor Paul Schlecht, whose avatar inexplicably makes WordPress hold every single one of his comments in moderation until I rescue it. Only one post got up yesterday, and that was a close call: I was in resort/airport/travel Hell yesterday in Daytona Beach, then Charlotte, pretty much from the moment I got my wake-up call at 6 AM to when my plane finally arrived at D.C.’s Reagan National Airport at just short of 1 am. today.
At least my law firm retreat seminar on legal ethics and technology was lively, but now I am way behind on posts, and also not exactly at the top of my game. Again, my apologies to all. And I’ve got to get a new laptop without a jumping cursor and that doesn’t crash my browser every 20 minutes or so.
2. I mentioned last week that the New York Times Sunday Review section is a weekly exercise in anti-President Trump porn. I couldn’t find a Sunday Times yesterday, so as a test, I’m going to open the copy my wife saved for me and look at the section now.
Let’s see…well the above the fold story is a feature about “why women aren’t CEOs.” The anti-Trump shot doesn’t come until the last paragraph, where the author, Susan Chira, couldn’t help herself from quoting Hillary Clinton as she blamed misogyny for her defeat. The Deplorables, you know. The second story on the front page is a mocking piece by a British historian, about a new Trump Doctrine, but with the term in scare quotes. How dare the President stand up for Western Civilization, we are asked to consider? This author, Stephen Wertheim, claims that the Trump administration’s problems with Iran, North Korea and China are based in racism and religious bias. (Obama’s problems with the same nations were, presumably, based on a sincere concern for peace.) The essay is also fairly anti-American, but concludes with the insult that the problem with the President isn’t so much what he does as who he is.
This is essentially the argument of “the resistance.” You know. Bigotry.
Let’s see—that piece took up all of page two, so we move on to page three. Two op-eds are there, one again mocking the ex-press secretary Sean Spicer, which the Times editorial board had already done, and the other, by Frank Bruni, attacking Jared Kushner. It closes with this, in part:
His counsel to Trump has been flawed, to say the least. He reportedly lobbied for the firing of James Comey, which didn’t turn out so well….I hear that he feels persecuted. Wronged. In that regard, too, he’s like his father-in-law, though Trump wears his self-pity, fury and ruthlessness right out front, for the whole world to see.
This is the company line. Actually, firing Comey turned out spectacularly well: the President was able to get rid of a highly placed leaker who had proven himself incompetent and untrustworthy. Bruni and the Times feel it was a mistake because the completely legal, appropriate, indeed overdue dismissal brought down the ire of the news media determined to get rid of the President. Message: When will you learn that we call the shots, you fool?
In fact, the President and his entire family have been persecuted by the Times from the very beginning, in obvious contrast to the news media’s disgusting fawning over the Clintons and Obamas, and even their chilly respect for the Bushes.
On to page four! Oh! Here’s a cartoon of the President as Donald Duck, and an op-ed by a New York City mother about how embarrassing it is to have a toddler who–The Horror!—likes the President of the United States! Beneath that screed, with a picture of Don, Jr., is an op-ed attacking another member of the President’s family in a piece about “men who never grow up.” The Trump boys are lumped in with Billy Bush, Ryan Lochte (the moronic Olympic swimmer), the fortunate college rapist Brock Turner, and the police officers who shot Tamir Rice! Funny, the nation’s most prominent perpetual adolescent, who embarrassed the whole nation by using the White House as his passion pit, is never mentioned.
The non-Trump stories then take over for a few pages, and we’re finally at the editorial page. Two of the three editorials attack the President’s policies as the embodiment of evil: one condemns the very concept of the Election Integrity Commission— did you know that trying to find out how much actual voter fraud there is constitutes voter suppression?—and the other uses the President’s border wall plan as a prop to level general insults. The rest of that page is devoted to a special selection of Letters to the Editor critical of…Donald Trump! Every one, all ten. You’re right, NYT, the paper doesn’t reflect this opinion thoroughly enough. On the facing page, two of the three op-eds consist of more Trump bashing. Maureen Dowd is one, but to be fair, all she does is level snark at everyone. The other is a second attack on Jared Kushner, because one per section is not enough.
The total: Nine Trump-hate pieces, plus ten anti-Trump letters, and not a single supportive word, balanced analysis, or defense. And the Sunday Review section is like this every week.
3. I can’t believe I’m writing this. The Discovery Channel’s always idiotic and often misleading “Shark Week” told audiences that Olympic Gold Medal swimmer Michael Phelps would be racing a Great White Shark in the ocean. Admittedly, most potential viewers should be smart enough to figure out that there had to be a catch (no pun intended) despite the misleading title “Phelps vs. Shark: Great Gold vs Great White.” They should be, but we know they aren’t, based on the other stupid shows they fall for on the network, and also because there have been three “Sharknado” movies with a fourth on the way. That Discovery Channel title is a lie: Phelps never was in the water with a shark; he never saw a shark; he never raced a shark. He “raced’ a computer-generated shark that was put into the film after Phelps was safe and dry. Some of Phelps’ gullible fans are annoyed.
They should be. On the other hand, they are morons. The entire exercise should have taken about 6 seconds, the amount of time it takes to say “White sharks swim faster than humans, even Olympic champions. Bye.” Continue reading →
Good Morning from sunny Daytona Beach, Florida, where I recently arrived to prepare for an ethics seminar I will be giving to a most ethical law firm. Ironically, the law firms that least require my guidance are the only ones that hire me. The law firms that desperately need ethics training don’t care.
1. Today in line (Group 6) to board my 6:45 AM American Airlines flight and wishing I were dead, my eyes were treated to the brilliant yellow jacket being worn by a young woman in front of me. In part because I wasn’t awake, I blurted out, “Thank-you for that jacket! The yellow is exactly the stimulation I need right now!” She smiled broadly and said, I think sincerely, “Thank you!” And suddenly I was reminded of the phony anti-Trump outrage of ten days ago, when the President allegedly embarrassed the nation and showed that he was a pig by daring to say to Mrs. Macron, “You’re in such good shape!”
By the reaction across the media, you would have thought he said, “What a great rack!” while drooling. There is nothing inherently inappropriate abut a spontaneous compliment on a woman’s appearance. It’s dangerous in the workplace, because there are women who are locked and loaded to cry harassment at such comments, no matter how mild or innocent, and if a women feels harassed, sayeth the law, you’re probably a harasser. However, actual human interaction involves reading people and situations, and every one is different.
Trump’s comment can easily be justified. I’m sure he’s used to women feeling like trolls when forced to stand next to his model wife, and a sincere sounding compliment is probably well-received. I was once passing through a receiving line that included a woman whom I had not seen for a year or so, and she had lost a great deal of weight. “You look great!” I said without thinking every hard about it. She appreciated the compliment; she had worked hard to lose the weight, and was glad I not only noticed, but that I said so.
Another encounter came when a young woman got on the elevator with me at a hotel a few months ago. She was wearing a sleeveless something or other, and her bulging biceps were hard to ignore. “Nice guns!” I said. She responded immediately with, “Thank you! I worked hard for them. Most guys think they’re gross.”
“Nah, they’re just insecure,” I said. “Being jerks. Don’t let them discourage you.”
“Thanks for that too!” she said, smiling, and got off on her floor.
Lots of factors go into whether a compliment is taken as a benign social gesture or a rude salacious intrusion. My actors in the ProEthics sexual harassment seminars do a skit in which “Good morning” is delivered in a way that could be sexual harassment, and “Wow, you look terrific this morning!” is said in a manner that raises no red flags at all. A chraming and skilled speaker can make comments that would have gotten me thrashed by that female bodybuilder sound like a sonnet. Continue reading →
Law professor/blogger Jonathan Turley’s latest essay, “Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps” had me at “Roper,” Turley’s direct reference to the most often posted movie clip on Ethics Alarms,* the scene above from “A Man For All Seasons.” Turley applies the scene correctly, too, to the depressingly large mob of previously respectable and responsible lawyers, elected officials, scholars, academics, journalists and pundits who have betrayed their professions’ values and ethics to falsely tell a gullible public that the President and members of his family, campaign and administration have committed treason, espionage, conspiracy, election fraud and obstruction of justice when such accusations are not supported by law or precedent, evidence, facts or common sense. These accusations are, rather, the product of unreasoning fury and bias sparked by Donald Trump’s election as President.
Some of the individuals Turley names, like Senator Tim Kaine, Hillary’s running mate, may be just spewing political bile out of a lack of integrity. Kaine is a former prosecutor and should know better. Some, like Cornell Law School Vice Dean Jens David Ohlin, may be examples of bias making smart people stupid. MSNBC legal analyst Paul Butler, who claimed Trump was “conspiring with the U.S.’ sworn enemy to take over and subvert our democracy,” and who declared it is now “clear” that “what Donald Trump Jr. is alleged to have done is a federal crime” are, sadly, typical of how the unethical and dishonest the news media now behaves much of the time. As for my fellow legal ethicist Richard Painter, also fingered by Turley, I’m convinced from his increasingly extreme and hysterical anti-Trump analyses that he has been driven to the edge of madness by Trump’s election. He’s not the only one.
Turley also points to former Watergate assistant special prosecutor Nick Akerman, who is just plain wrong. One cannot claim, as Ackerman does, that there is “a clear case that Donald Trump Jr. has met all the elements” of a violation of the election laws when, as Turley points out, no court has ever reached such a conclusion. That is prima facie evidence that there is no clear case.
I find it hard to accept that Senator Chris Coons, graduate of Amherst and Yale (MA, JD) can really be an idiot. But when you go on cable news shows and utter a flat-out idiotic statement repeatedly as Coons did today, you can’t be allowed to get away with it.
The latest Donald Trump high crime (Monday it was because he’s fat) was that he dared to have a second, unpublicized, informal meeting with Putin at the G-20. Since everything Trump does or says is a scandal, CNN and HLN were reporting this like Putin and Trump were found nude in bed together, despite the fact that nothing in the world stops the President of the United States from talking to anyone he wants to, for any reason. Never mind, Senator Coons told CNN, shaking his head somberly like Angela Lansbury would do on every episode of “Murder She Wrote” when she discovered that some old friend had offed someone. The problem, Coons said, was that Trump didn’t bring a US translator and relied on Putin’s, which the Senator called a “basic failure in terms of national security protocol.” How so? he was asked. Coons replied that there was no way for Trump to know, without his own translator, if the Russian translator was accurately translating what Trump said and whether what Putin said was accurately translated to Trump.
Think about this for a minute, as I hope Coons did not.
First of all, Putin speaks English and understands it, by all accounts. A translator who misled Trump would be asking for a one-way trip to Siberia. So that’s extremely unlikely. Equally as unlikely would be a translator intentionally misrepresenting what Trump said to Putin, for the same reason. Trump would also not know whether a U.S. translator was interpreting accurately, though Putin would. The President allowing Putin’s translator to go it alone might be a gesture of trust to the Russian leader. Whatever it is, it’s not a scandal, and all “basic failure in terms of national security protocol” means is “that’s not the usual way we do it.”
The way they usually do it, apparently, is have someone present at all Presidential meetings who will leak what was said to the news media.
But keep crying “wolf,” Democrats, news media. I’m sure it will work for you. No, really. It’s a great strategy.
Ethics Alarms 