The Clinton Foundation’s Confession, (or) “Is The Public Really As Stupid As The Clintons Think It Is?”

stupidity1

Bill Clinton said last week that the Clinton Foundation would no longer accept foreign or corporate money and also that he would resign from its board should Hillary Clinton win the Presidency.

The logic of this, one assumes, is to allay any fears that President Hillary Clinton would allow access and influence to be purchased by foreign powers by contributing to a foundation that exists substantially to line the pockets of the three and to provide a foundation...but the other kind, not the non-profit kind—for Clinton power-brokering, career advancement and mutual back scratching.

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Allow me to pause for a brief expansion on that…

The New York Times, which really is good at telling the truth while deceiving its readers anyway, describes the Clinton Foundation as working “globally to combat AIDS/H.I.V., malaria, childhood obesity and climate change, and promotes women’s rights and other causes.” This is true, but it is also lying by omission, because it intentionally omits the shady side of the story. Here is how Jonathan Chait, as full-throated a Clinton booster as you can find in the pundit ranks, describes the Foundation:

“The purpose of the Clinton Foundation is to leverage Clinton fame into charitable donations. That purpose has important positive effects — shaking loose donations for AIDS prevention and training African farmers and other worthy causes. But it also has the unavoidable side effect of giving rich people a way to curry favor with a powerful elected official.”

Exactly. Perfectly stated, except that “giving rich people a way to curry favor with a powerful elected official” is a euphemism for “quid pro quo,” or better yet, bribery. It is unethical, and also illegal if you can prove it, which is generally hard to do, especially when the “contributions” are designated for worthy causes, though much of them somehow end up paying for the Clintons’ regal lifestyle. Chait’s uncritical assessment of this per se corruption is stated thusly:

“There’s a reason the term politician is synonymous with lying, calculation, and ambition — these are common qualities for politicians. The Clintons are common politicians, motivated in general by a desire to implement policy changes they think will make the world a better place, but not immune to trimming and getting rich in the process. None of their behavior is disqualifying, given the number of elected officials, presidents included, who have done the same”

Translation: “Everybody does it, but the Clintons are just better at doing it and getting rich in the process. Stop bitching.”

That Chait says that behaving this way isn’t disqualifying explains everything, including why the metastasizing  ethics rot in our government will slowly but surely result in the predatory elected official conduct common in Africa if the public doesn’t insist that it is disqualifying, and start recognizing ethically-hollow opinion makers like Chait for what they are…enablers and courtiers.

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Parenthetical discourse over; thank-you for your attention. Continue reading

Was It Ethical For Donald Trump’s Former Lawyer To Trash Him In The Huffington Post?

Backstabbed

That’s an easy question.

The answer is maybe, and no.

A couple of weeks ago, a real estate lawyer named Thomas M. Wells provoked a lively debate in the legal ethics community when he authored a Huffington Post piece titled “Donald Trump Hired Me As An Attorney. Please Don’t Support Him For President.” I’m proud to say that I flagged the issue for my colleagues first, in part because they unanimously detest Trump, even the tiny minority who aren’t full-blooded Democrats or progressives, and may have been blinded by that bias.

For me, the issue was crystallized by the headline. Wells’ headline (it doesn’t matter if it was really his or the site’s: as a lawyer, he is obligated to make sure that his article doesn’t breach legal ethics rules and principles, and the headline is part of his article) suggested that he had some special knowledge and authority regarding Trump because of what he had learned while representing him decades ago. The ethics rules prohibit lawyers from revealing client confidences, which are usually defined as what a lawyer learns about a client during the course of a representation that the client would not obviously want revealed to the world. Confidences can be revealed by actions, as well as words, and the headline comes very, very close to saying “I know things you don’t about Donald Trump because of what learned when I was his trusted lawyer.” What follows from that may be  a reader’s conclusion that the post reflects secret information. Thus the headline made my legal ethics alarms sound.

Wells has the same right as you or I to register a public opinion about his former (or current, for that matter ) client, as long as the opinion doesn’t interfere with his representation. Lawyers do not give up free speech right by being lawyers. That’s where the “maybe” comes from. There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession. Continue reading

Tales From The “Bias Makes Us Stupid” Files: Is It Possible That The News Media Really Thinks That Donald Trump’s Latest Stupid Blather Is More Newsworthy Than Hillary Trading State Department Favors For Foundation Contributions

Media bias

In a statement that is mindblowing for its shameless ethics ignorance, Slate editor Josh Voorhees wrote,

“The latest batch of State Department emails from Hillary Clinton’s tenure, released Tuesday, further highlights the occasionally overlapping interests between the agency and the Clinton Foundation. The messages, which don’t directly involve the Democratic nominee herself, aren’t going to overshadow Donald Trump’s ongoing self-immolation—nor should they—but they are worth a closer look.”

“Nor should they?”

Nor should they?

By what possible set of warped values could the latest inanity from a Presidential candidate who constantly says silly, inarticulate and ultimately meaningless things the second they pop into what we generously call “his brain,” be more worthy of public attention than revelations that the other candidate for President used her position in the State Department for the enrichment of herself and her family?

The former is a well-established idiot free-associator idiotically free-associating with the same results he always gets. Why is this news? It is only news because the news media, knowing well that Trump just utters  jokes, ad-libs, random observations, musings, insults and all sorts of other things that adults never say in public because his confused and disoriented fans enjoy them, intentionally treats them as serious statements of a serious person, when they know very well he is not. The latest of these is the Trump assertion that Obama is “literally” the “founder of ISIS.” It is as newsworthy as if Trump said “Obama is literally a tree frog.” OK, everyone knows this isn’t true, and that Trump is a babbling fool. Got it. Next? Yet this non-story gets absurd attention: like at ABC News, The National Memo, Business Insider, Fox News Insider, Politicus USA, Washington Post, Raw Story, The New Civil Rights MovementDaily Kos, The Times of Israel, CBS New York, RT, Balloon Juice, New York Magazine, Guardian, Independent Journal Review, Mother Jones, NBC News,and Mediaite.

Before that, it was media hysteria over Trump’s bizarre “Second Amendment people” crack being a crime, which Popehat neatly debunks here. Ken White’s  opening statement is also enlightening: “Donald Trump, against all advice and rumors of pivot, will continue to be Donald Trump.”

Exactly. Which means his continuing to say stuff that mature and responsible people don’t say is not legitimate front page news.

Ah, but it provides an excuse not to explain to the public how stunningly corrupt Hillary is and has been. That is the objective, and an biased and unethical objective it is. Continue reading

Observations Regarding Donald Trump’s Most Recent Idiotic Ad Lib

Just more of the same...

Just more of the same…

The statement, which has dominated social media and news commentary since burped out by Trump during what he calls “a speech” yesterday:

“Hillary wants to abolish — essentially abolish the Second Amendment. By the way, if she gets to pick, if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I don’t know…”

Observations:

1. Trump’s juvenile and inarticulate habit of expressing half-formed thoughts as they occur to him requires him to figure out what he has said after the fact, as he is now with his latest blather. This is no different from his infamous “rapist” remark, his complaint about the “Mexican” judge, and so many, many others. When a competent adult makes a mistake with dire consequences, he or she typically adjusts future conduct accordingly. Not this idiot. This kind of thing will happen over and over again, almost daily, until the election. This was obvious too, years ago. Good job, Republicans. You disgust me.

2. Even knowing that Trump says things extemporaneously with no more thought than a frog gives to catching a fly, the news media (and of course the Clinton campaign) intentionally are treating it was if it were a solemn scripted statement developed over days of careful consideration. The Clinton campaign can be forgiven: any political campaign would do this when an adversary makes a fool of himself. The news media, however, is intentionally reporting the comment as something it’s not. It was not a call to assassinate Hillary. It was just an ad-lib that popped into Trump’s alleged brain. Was it a bad joke? A “speako”? Who knows? Trump definitely doesn’t know. Whatever it was, the comment was not a serious, substantive statement, though certainly not something a responsible or trustworthy individual would utter in public. And, of course, Trump is 100% accountable for it, and all the disruption it causes, as he will be for the hundreds of similar irresponsible ad libs he makes between now and November.

3. Much more substantive news could and should be covered by the news media, including newly released Hillary Clinton e-mails that show the extent to which she used her position and her staff in the State Department to enrich the Clinton Foundation. This is pure corruption, a true outrage, and a smoking gun. But we know that the news media is rooting for Hillary, so Trump’s comment–did I mention that he’s an idiot?—give journalists an excuse to allow Clinton’s actual misconduct slip under the radar, while they obsess about The Donald’s addled musings. Although the fact that Trump is an irresponsible fool is something the public needs to know, they also have a right to know that the woman they have to elect to protect the nation from Trump is perhaps the most corrupt and dishonest individual ever to be this close to the White House.

4. Trump’s latest self-created controversy is signature significance. No trustworthy, competent, intelligent candidate for high office would or could be so undisciplined, inarticulate, and impulsive to allow something like this to issue from his mouth, in public, on video. Those who are defending him in this instance are proving themselves to be untrustworthy, or incompetent, or both.

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Sources:  Daily Kos, Mother Jones, Politicus USA, Washington Post, Raw Story, Taylor Marsh, Common Dreams, Boing Boing, Occupy Democrats, The American Spectator, The Atlantic, Business Insider, BuzzFeed, The New Civil Rights Movement, Vox, Mashable, Media Matters for America, Mediaite, Washington Free Beacon, MichelleMalkin.com,  Althouse, Esquire, BizPac Review, The Times of Israel, Occupy Democratstwitchy.com, NBC News, KTLA, Politicus USA, ABC News, The Week, The Democratic Daily, Politico, DeadlineCBS Pittsburgh, CBS Los Angeles

 

Observations On The New York Times Column Rationalizing And Justifying Liberal News Media Bias

From the New York Times media columnist, Jim Rutenberg, in a piece called “Trump Is Testing the Norms of Objectivity in Journalism”:

If you’re a working journalist and you believe that Donald J. Trump is a demagogue playing to the nation’s worst racist and nationalistic tendencies, that he cozies up to anti-American dictators and that he would be dangerous with control of the United States nuclear codes, how the heck are you supposed to cover him? Because if you believe all of those things, you have to throw out the textbook American journalism has been using for the better part of the past half-century, if not longer, and approach it in a way you’ve never approached anything in your career. If you view a Trump presidency as something that’s potentially dangerous, then your reporting is going to reflect that. You would move closer than you’ve ever been to being oppositional. That’s uncomfortable and uncharted territory for every mainstream, nonopinion journalist I’ve ever known, and by normal standards, untenable….

…Mr. Trump’s candidacy is “extraordinary and precedent-shattering” and “to pretend otherwise is to be disingenuous with readers.” t would also be an abdication of political journalism’s most solemn duty: to ferret out what the candidates will be like in the most powerful office in the world.It may not always seem fair to Mr. Trump or his supporters. But journalism shouldn’t measure itself against any one campaign’s definition of fairness. It is journalism’s job to be true to the readers and viewers, and true to the facts, in a way that will stand up to history’s judgment. To do anything less would be untenable.

Observations:

1. The column disqualifies itself in the very first sentence. If you’re a working journalist and you believe that Donald J. Trump is a demagogue playing to the nation’s worst racist and nationalistic tendencies, that he cozies up to anti-American dictators and that he would be dangerous with control of the United States nuclear codes, how the heck are you supposed to cover him?”

How? Factually. Fairly. Objectively. Of course. What the journalist “believes” is irrelevant and inconsequential. The journalist’s job is to report facts, undistorted by what the journalist “believes” and “feels.” Doing otherwise is an abuse of position and a breach of ethics. That a Times journalist would have to ask the question reveals how arrogant and untrustworthy the field of journalism has become.

2. How is what Rutenberg describes regarding Trump any different from myriad previous examples when the news media decided it was appropriate to slant its reporting because its journalists felt their political views deserved to prevail? The mainstream media, decided to actively promote the candidacy of Barack Obama, with uncritical saturation coverage, soaring accolades, and a near total absence of skepticism. News sources, especially the Times, have minimized the significance of Obama fiascos, helped Administration cover-ups of misconduct in episodes like the IRS mistreatment of conservative groups, and blatantly lobbied for policies they “believed” in, like restricting gun ownership, same-sex marriage and the Affordable Care Act.

Is Rutenberg kidding? “Throw out the textbook American journalism has been using for the better part of the past half-century”…does he mean the textbook of journalism ethics from which the Times developed this, its standard of fairness in its Code of Standards and Ethics…

The goal of The New York Times is to cover the news as impartially as possible — “without fear or favor,” in the words of Adolph Ochs, our patriarch — and to treat readers, news sources, advertisers and others fairly and openly, and to be seen to be doing so…

that textbook? When was the last time any honest reader of sound mind could argue that the New York Times was “as impartially as possible”? How stupid and gullible does the Times think its readers are? Continue reading

No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes

"A feminist lawyer like Estrich taking on the same clients men do? That's outr...wait, what side am I on again?"

“A feminist lawyer like Estrich taking on the same clients men do? That’s outr…wait, what side am I on again?”

Fired Fox News creator Roger Aisle hired renowned feminist lawyer and teacher Susan Estrich to defend him against the sexual harassment law suit filed by former Fox Blonde Gretchen Carlson. Responding to shock and disappointment among some feminists and others that Estrich would “abandon her principles” to defend such a client, Slate’s feminism reporter Nora Caplan-Bricker authored a post titled “The One Good Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes.”

This is in the category of a supposedly enlightening post that actually makes readers less informed. There only needs to be one Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes, and it is a great reason. Susan Estrich is  a lawyer; lawyers defend people who are sued; lawyers do not have to agree with, support or approve of  a client’s alleged actions requiring such a defense; and there’s is no reason in legal ethics or any other ethical system that argues that a U.S. citizen shouldn’t have access to the best representation possible.

For her part, Estrich has said that she is taking the case because “The individual gets convicted long before he or she has had an opportunity to defend himself. And that’s not fair, whether it is happening to a woman or a man.” That’s the civil law equivalent of the late Johnnie Cochran defending his accepting O.J. as a client by saying, “In this country, everyone has the right to be treated as innocent until found guilty by a jury of his peers.”

Partial translation of both statements: “I’m a lawyer, and I don’t judge my clients. That’s not my job. My job is to help them use the law and legal system for their own purposes and protection, like any other citizen.”

I’ve written about this aspect of lawyers’ vital function in society, one that non-lawyers just cannot seem to grasp, so many times. Here’s a recent post; but maybe this one from 2015 is more on point. That one was about progressive legal icon and Harvard law prof Larry Tribe representing Peabody Energy, the world’s largest private-sector coal company, in a lawsuit that sought to invalidate some EPA regulations adverse to their horrible, evil, earth-destroying–but legal!–business. Tribe was called a traitor to the Cause of turning the U.S. into a wind and solar run nation, and I explained that the attacks on him, like all such attacks, were based on a stubborn lack of comprehension by non-lawyers, writing..

That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. The public and media just don’t get it, and appear to be immune from educating on the subject: what your lawyer personally believes about your cause doesn’t matter. His or her job isn’t to judge you or your purpose. It is to give you the chance to use your rights to due process and the courts to have the law work for you rather than against you, and to have your position, if legal, serious and offered sincerely, represented by the best legal talent available.  Whether or not Tribe personally believes or supports the position being taken by his client is irrelevant to his role, unless he is so unprofessional (as in emotional and unable to overcome his own biases) that he can’t represent a client whose objectives he opposes. Then he would be obligated to refuse the representation. Then he would also be a poor lawyer, and Lawrence Tribe is anything but.

Replace “Larry Tribe” in that paragraph with “Susan Estrich”, and save me some time.

Thanks! Continue reading

When A Polarized News Media Makes An Informed Public Impossible: A Case Study

Organophosphate brain damage

The question: Is there something seriously wrong with Hillary Clinton’s health?

The answer: Based on news reporting, there is absolutely no way for an objective citizen to know.

The so-called right wing media, especially websites and blogs, have been circulating the theory for some time that Clinton exhibits signs of some form of brain damage, either from a fall or a stroke. (You will recall that she had a serious fall and a concussion a few years ago.) Matt Drudge has focused on Clinton’s periodic coughing fits, which, the theory goes, are in part the side effect from anti-seizure medication.

As well-versed as I am in the almost total lack of objectivity within the mainstream media, particularly where Hillary Clinton is involved, I have apparently been programmed by their automatic disdain for “conservative stories” that I have never given this theory any credibility. Surely, surely, no matter how biased they are, legitimate journalists would feel an obligation to investigate something as important as the health of a Presidential candidate. I assumed—I still assume—that this has been investigated. I assumed—and I’m trying to still assume—that if something was wrong, the news media would feel duty-bound to report it.

My confidence is wavering, however. Since mid-July, video snippets have been widely viewed on the web showing Clinton behaving oddly. Some bloggers, notably Mike Cernovich (who is trying to sell a book) found troubling moments during the recent convention and after it. This moment, for example, from an August 4 rally, where Clinton appeared to freeze…

The Secret Service agent who rushes to her side first says “You’ll be OK,” and then “Keep talking.” Observers have speculated that Hillary’s protectors have been briefed and trained on how to handle  a seizure.

Then there are these episodes…this, from June (the date on the video is wrong, and the assertion about an “epileptic seizure” is unsubstantiated) where Clinton’s head seemed to come unhinged… Continue reading

Snap Out of It! A Crucial Integrity Check For Responsible “Never Hillary” Voters

In a less than a week, all of the rationalizations used by the desperate, in denial “Never Hillary” and “Never Democrat” voters have crumbled under the crushing weight of Donald Trump’s epic unfitness to lead. In the comment threads on Ethics Alarms and elsewhere, these otherwise sane and rational individuals have insisted that they would either vote for Donald Trump, increasing the chances of him being able to do to the United States—and maybe the world— over four years what he has done to the Republican Party in less than a year, that is, wreck it, or vote for a third party, essentially abdicating responsibility to protect the nation from Trump in order to bleat “Don’t blame me!” when the inevitable awfulness of a Hillary Clinton administration is fouling the air. Continue reading

The Naked Presidential Candidate’s Wife Principle

melania

I must confess, I didn’t see this variation of the Naked Teacher Principle coming.

That long-running topic on Ethics Alarms involves teachers who allow naked or sexually provocative photographs of themselves to become available to their pre-college age students. The verdict here is that such teachers have no basis for complaint if their employers subsequently judge them to be fatally diminished as role models and authority figures, having traversed into the category of sex objects, at least for some students. There are many variations of the principle that have been explored here, some requiring substantive exceptions, like The Provocatively-Clad Bodybuilding Teacher Principle. Some are slam-dunks, like the Online-Porn Star Teacher Principle.

Today the question raised is how we should feel about potential First Ladies who have left naked photo-shoots in their wake. Melania Trump, now the  speech-writer trophy wife of GOP Presidential nominee Donald Trump, was previously not a role model, but just a model, and occasionally a naked model. The tabloid New York Post somehow got a hold of some of her more stimulating photos and published them, the first batch with the typical Post headline, “The Ogle Office,” and the second, showing Mrs, Trump in some girl-on-girl action…

Melania Post 2

…headlined, “Menage a Trump.”

Is this unfair of the Post? Is this below-the-belt, attacking Melania to get at her husband? Continue reading

Unethical Website Of The Month: Bye-Bye Snopes…You’re Dead To Me Now [UPDATED 10/12/2016]

bye bye

Ethics Alarms has been tracking the increasing political bias exhibited by Snopes, once the definitive “Urban Legends” web source to identify false stories on the internet, e-mail hoaxes and other pollution of public information. The website has made the disastrous decision to wade into political topics and to hire some new social justice warriors and wanna-be Democratic Party operatives to cover them, resulting in the site becoming a bad imitation of PolitiFact.

The disturbing trend really established itself this month, but it was in evidence earlier. For example, Snopes rushed to defend Hillary Clinton when the story of her defense of a child rapist was used to smear her. (Ethics Alarms explained, correctly, unlike Snopes, what was unethical about the attacks on Clinton—all defendants deserve a zealous defense, no matter what the charge, and a lawyer isn’t endorsing or supporting a client’s crimes by doing her professional duty.) The Snopes defense, in contrast, was dishonest and misleading. Quoth Snopes, via its primary left-biased reporter, Kim LaCapria.

Claim: Hillary Clinton successfully defended an accused child rapist and later laughed about the case.

MOSTLY FALSE

WHAT’S TRUE: In 1975, young lawyer Hillary Rodham was appointed to represent a defendant charged with raping a 12-year-old girl. Clinton reluctantly took on the case, which ended with a plea bargain for the defendant.

WHAT’S FALSE: Hillary Clinton did not volunteer to be the defendant’s lawyer, she did not laugh about the the case’s outcome, she did not assert that the complainant “made up the rape story,” she did not claim she knew the defendant to be guilty, and she did not “free” the defendant.

Notice that the TRUE and FALSE sections don’t match the claim. That’s because Snopes is playing the logical fallacy game of moving the goalposts and using straw men. The claim, as stated by Snopes, is 100% true. Continue reading