Gee, Trump-Haters, Is Fox News Trustworthy And Reliable NOW?

 Two Fox News stalwarts, chief Fox News anchor Shep Smith and “Judge” Anthony Napolitano (he’s not a judge, not any more) took issue on the air with criticism of “Spygate.” Let’s take the two individually…

Shep said, in part,

“President Trump has also claimed that Feds spied on his campaign with an informant,” Smith concluded. “The President calls it ‘spygate.’ Fox News can confirm it is not. Fox News knows of no evidence to support the president’s claim; Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process.”

Ugh.

  • Smith is not the least bit sympathetic to Trump, though Fox-bashers like to ignore this when they accuse Fox of being blind shills for the President. He tries to be objective, but slants left like most of his colleagues at other networks. So this is not, as it is being represented to be, a stunning rejection by a media ally of President Trump.
  • This popular semantical defense of the FBI using a mole in the Trump campaign remains desperate and silly. The FBI recruited an individual to seek out contacts within the Trump campaign and pass along information learned thereby to the agency. An undercover informant is a spy—it’s just that spy is a pejorative term.
  • “Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process” is a horrible, unethical sentence. First, if some lawmakers from both parties say Trump is a rutabaga, it doesn’t make him a rutabaga—this is naked appeal to authority. Bad Shep.

Second, who is so certain “ties to Russia” is all the “informant” was investigating? Why are they so certain? Because the FBI says so? Continue reading

Morning Ethics Warm-Up, 5/3/2018: Katie’s Rationalization, Teachers’ Extortion, Rudy’s Zugswang, And Kanye’s Influence

Goooood morning!

(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)

1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!

The mystery to me is why  current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.

Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…

“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”

Yet on “The Wendy Williams Show” this week, Couric “explained”…

“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”

Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.

Second, Couric is engaging in The Golden Rationalization: “Everybody does it.”

2.  Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like  the air traffic controllers strike in  1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that  “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.

Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective?  What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.

This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading

About Fox News’ Fake Judge

In a post on the Legal Ethics Forum, not as active as it once was but still one of the best legal ethics sites around, Legal ethicist and law professor Steve Lubet clarifies something I have always wondered about, and like a lazy slug, never investigated.

Fox News contributor Andrew Napolitano, most recently in the news for claiming that the British intelligence service GCHQ  colluded with President Obama to conduct surveillance on the Trump staff during the 2016 campaign, is always called “Judge Napolitano” during his appearances.  Lubet points out that he’s not a judge any more. Napolitano once served on the New Jersey Superior Court, but resigned in 1995 and has not held judicial office for more than two decades. It is apparently at Napolotano’s insistence that he is always addressed  as “Judge”  in Fox. His website, JudgeNap.com, refers to him as “Judge Napolitano” throughout, as does his bio on the Fox News site.

Lubet notes that The American Bar Association has held that  the use of  judicial titles by former judges practicing law is misleading and unethicalin connection with law practice.  ABA Formal Opinion 95-391 says that continued “use of the title is misleading because it may be misunderstood by the public as suggesting some type of special influence” or “to create an unjustified expectation.” In fact, said the ABA, “there appears to be no reason for such use of the title other than to create such an expectation.” Of course, Napolitano isn’t practicing law when he bloviates on Fox News, so it isn’t a Rules violation, but the Judge label is still misleading

The Ohio Rules of Professional Conduct, Lubet found,  goes further by decreeing that it is only ethical for a former judge to use the titles  “Judge” or “The Honorable” if they are preceded by the word “retired” or “former,” and the rule does not limit this caveat to ex-judges actively practicing law. Again, Napolitano is not out of compliance, because he is not subject to the Ohio Rules. That doesn’t make what he calls himself strictly accurate, or sufficiently accurate. (I confess, I have had a bias against such things ever since I suffered through a year with an insufferable  high school history teacher who called himself (and insisted that we call him)  “Dr. Arthur” because he had a PhD in history.) Continue reading