Ann Althouse

Ethics Update On The “Shithole” Scandal: More Dunces, Hacks, Hypocrites And Liars

/ Jack Marshall / 8 Comments

When we last left the ‘Shithole’ scandal, now being cited routinely up and down the news media as proof positive that the President is a racist, we knew the following:

1 Unnamed sources “briefed on” or “familiar with” the President’s meeting with select lawmakers regarding an immigration deal told the Washington Post and others that President Trump “grew frustrated with lawmakers” when he learned that part of the proposed deal protected immigrants from Haiti, El Salvador and African countries, and said,

“Why are we having all these people from shithole countries come here?”

2. Despite the fact that these “sources” had no direct knowledge of what was said in the meeting they did not attend, the New York Times characterized them as having “direct knowledge,” which was impossible. The news media also represented these accounts based on briefings as fact, with headlines such as the Times’ “Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa.”

3. In a series of tweets, the President denied the characterization of what he had said.

4. Senator Dick Durbin, while not expressly quoting the President, told reporters that Trump had said things “in the course of his comments which were hate-filed, vile and racist,” and added, “I use those word advisedly. I understand how powerful they are. But I cannot believe in the history of the White House in that Oval Office that any president has ever spoken the words that I personally heard our president speak yesterday.”

5. Nonetheless, the news media, in its subsequent coverage in cable news shows and on the web, treated the claim that Trump had said what the second-hand, anonymous sources had claimed, and used this as a departure point for a general discussion of how racist and vulgar the President was. CNN commentators used the term “shithole” over a hundred times.

6. Websites and blogs with commentators capable of fairness and objectivity, like Ethics Alarms,  Althouse, and Powerline, were forced to accept arguendo (I’m sorry, but I love using that word) the anti-Trump narrative’s assumptions in order to point out that calling countries that are, in fact, “shitholes” is not a racist statement about the people in those countries. This, of course, is how Big Lie propaganda works. You have to accept the lie in order to debunk it.

To sum up, then: The news media reported as fact what were in truth  disputed comments in a private meeting, and the representation of these as truth solidified during the day and evening, and through yesterday.  Now we get headlines like this one, in Entertainment Weekly: “Anderson Cooper chokes up while discussing Trump’s ‘sh–hole’ comment”

Updated Comments and observations: Continue reading →

Morning Ethics Warm-Up: 1/12/2018: Sigh. It Never Ends. (Part II) [UPDATED]

/ Jack Marshall / 124 Comments

A Nigerian locale, and not an atypical one.

From the Washington Post:

President Trump grew frustrated with lawmakers Thursday in the Oval Office when they discussed protecting immigrants from Haiti, El Salvador and African countries as part of a bipartisan immigration deal, according to several people briefed on the meeting.

“Why are we having all these people from shithole countries come here?” Trump said, according to these people, referring to countries mentioned by the lawmakers.

Trump then suggested that the United States should instead bring more people from countries such as Norway, whose prime minister he met with Wednesday. The president, according to a White House official, also suggested he would be open to more immigrants from Asian countries because he felt that they help the United States economically.

In addition, the president singled out Haiti, telling lawmakers that immigrants from that country must be left out of any deal, these people said.

“Why do we need more Haitians?” Trump said, according to people familiar with the meeting. “Take them out.” 

Ethics Observations:

I. “According to several people briefed on the meeting”? What? Not even according to people AT the meeting?

Based on this, without any attributions, the news media is stating that Trump making those alleged comments are fact. Here’s the Times version,

“…according to people with direct knowledge of the conversation.“

No, they don’t have “direct knowledge.” What someone tells you about what someone else said at a meeting you were not attending is indirect knowledge. It is, in fact, hearsay. If the Times and the Post did not get confirmation on the record from someone who heard what he said, then this is not fact, but rumor, inadmissible in court because of extreme prejudice and lack of reliability.

Never mind. The Times headline is Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa, as if the second-hand accounts were  confirmed fact. This is unethical journalism. Outrageously so, in fact. Meanwhile, all of the news channels, including Fox, were basing hours of reporting on it.

This is not acceptable. It is not professional, and it is not justifiable. It is a disgrace, and if you accept it, you should be ashamed of yourself.

II. Trump denies that he uttered those words, on Twitter, of course:

“The language used by me at the DACA meeting was tough, but this was not the language used. What was really tough was the outlandish proposal made – a big setback for DACA!…Never said anything derogatory about Haitians other than Haiti is, obviously, a very poor and troubled country. Never said “take them out.” Made up by Dems. I have a wonderful relationship with Haitians. Probably should record future meetings – unfortunately, no trust!”

The denials mean nothing, I know. The President has such a bizarre view of reality and such a record of misstatements and reversals that he has no credibility and deserves none. However, that doesn’t mean that he did make the alleged statements either. I wouldn’t be surprised if he did. I certainly wouldn’t be “shocked.” It sounds like something he would say, because nuances of language and tone, not to mention civility ande diplomacy, are alien concepts to him. In other words, it rings true. That doesn’t mean it’s ethical to report it as fact. Continue reading →

Morning Ethics Warm-Up, 1/8/2018: Regrets, “It Rings True,” Bannon The Weasel, And “But It Would Be Wrong…”

/ Jack Marshall / 34 Comments

Good Morning, everyone!

1 On the other hand, “Bite me!” I find myself feeling bad about a Facebook retort yesterday laying out an old friend, also a former Democratic official’s staff member, for taking a snide shot at my “bias” after my answer to a query about anti-Trump legal ethicist Richard Painter. Painter has been on the “remove Trump by any means possible” bandwagon since the 2016 election, and because he was an ethics advisor to the Bush White House, he has been a favorite go-to source for CNN and MSNBC while authoring bizarre op-eds that distort the Constitution.  My response about Painter was that he has apparently been driven mad by the whole Trump experience, and is now in the process of wrecking a very fine reputation as his colleagues in the field, like me, roll their eyes and weep. (Painter is a Bush family loyalist, and the guessing is that he is following the lead of the two Georges, who hate Trump to pieces.) Yes, Richard was among the first to advocate Plan E, removing Trump because he is “unable” to do the job, so he’s especially hot right now.

I feel bad because I’m a nice guy, but I’ll be damned if I will put up with being called “biased” for correctly pointing out what is dishonest and wrong about the various plots to circumvent the election. It’s not a “bias” to believe that an entire party attempting to undermine an elected President is wrong, and that lawyers and ethicists who pander to that mob have slipped a professional cog. I sent my friend to this website to find any evidence that I am a Trump fan, other than being the apparently rare critic who will give the President credit when he deserves it, and who will defend him against fake news and dishonest accusations. I’m a passionate supporter of U.S. values, the system, our institutions, the Presidency itself and elections. That’s not bias. That’s called being an ethical citizen.

2. Signature significance for a weasel. Five days after his reported quotes in “Fire and Fury” including one accusing Don Jr. of “treason” caused President Trump to slam him on Twitter, former White House aide and Breitbart power Steve Bannon sent an “apology” to Axios, of all places. This is known as ” crawling back.” Bannon, while at the White House, leaked to reporters and played both ends against the middle to further his own agenda, and betrayed the President’s trust and confidence by aiding and abetting sleazy political gossip-monger Michael Wolff.  Now, after Bannon’s split with Trump has obviously cost him support, influence and credibility, the man who chomped on the hand that fed him wants a do-over. Only the worst species of unethical and unprincipled weasel would try something like this. If he genuinely regretted the quotes, he would have  immediately said that they misrepresent him, and repudiated them. Waiting five days makes it clear that Bannon was waiting to see how the episode was playing in the media and public to decide whether to stand by his own words or not. The short version of this is: “Integrity? What’s that?”

Moreover, the text of the “apology” shows that Bannon isn’t very bright. Why bother looking pathetic and weak if you aren’t even going to do it effectively? He doesn’t even apologize:  he says that he regrets his “delay in responding to the inaccurate reporting regarding Don Jr has diverted attention from the president’s historical accomplishments in the first year of his presidency.”

Ha! I bet he does. But this is a Level 10 apology on the Apology Scale:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

3. Is expressing “regret” the same as an apology? Let’s look closely at which mainstream media outlets call Bannon’s statement an “apology.” Axios does. When President Obama was making his so-called “apology tour,” as it was dubbed by the Right, journalists rushed to his defense, arguing that saying in multiple nations that he “regretted” the policies of his predecessors and the past actions of the United States was not the same as apologizing for them.

4. Somewhere, Dan Rather is smiling...I’m putting this in the Warm-Up because, as you may have noticed, yesterday’s posts were dominated by “the resistance’s” Plan E and the news media’s dutiful assist by hyping “Fire and Fury.” Incredibly—yes, I’m an idiot: the degree to which the news media will abandon core journalism ethics if it means bringing Trump down still surprises me–there was little effort on the news shows yesterday to hide the fact that much of Wolff’s book is unreliable,  and that the author admits it. Nonetheless, they reported on the salacious quotes and accounts, debated in panels whether it “proved” the President is disabled, and generally presented the book to the public as fact, not fiction.

How can journalists possibly justify this? It can’t be justified, but the news media’s anti-Trump bias has made them stupid and incompetent.

For example, CNN MEDIA ETHICIST—I have to place both hands over my head to prevent an explosion when I type that, which means I have to type with my nose—Brian Stelter tweeted,

Big picture point: Wolff’s errors are sloppy, but many Trump experts say the book “rings true” overall.

Continue reading →

Morning Ethics Warm-Up, 1/4/2018: A Frivolous Lawsuit, An Unscripted Actress, A Lesson In Assuming, And Fake News

/ Jack Marshall / 20 Comments

Good Morning!

1 On feminist integrity. The reader poll on the post about the interesting silence of US women’s rights organizations and their component feminists as their Iranian sisters protest oppression in Iran has already had more participation that the last four Ethics Alarms polls combined. Why is that? In more news related to that post, some determined spinners here claimed that the feminists have been burning up the blogs and websites with supportive essays and blog posts, so the radio silence is a myth. No, THAT was a myth: there is nothing on those sites, or if there is, it didn’t surface when I checked Ms., Jezebel, NOW and four prominent blogs. (Update: Reader Humble Talent has checked two more. Also nothing.)

Please don’t make up stuff or assume facts you haven’t checked when you don’t want to accept reality, friends. It’s not fair, and it’s not ethical debating practice. Because I trust and respect the commenter in question, I just assumed she was right, because I assumed she had checked. No, it appears she had assumed, and was not right.  And you know what Felix Unger proved happens when you assume..

2. This is why they give actors scripts. I enjoy actress Meryl Streep as an artist, but for me she is fast entering Alec Baldwin territory, a performer whose personal character deficits are becoming so overpowering that even her undeniable talent can’t make watching the performer on screen endurable. Streep is in a deep hole she keeps digging. Being a Harvey Weinstein acolyte and beneficiary for years (and a Roman Polanski apologist), she is denying culpability as an enabler of his serial sexual predation because, she says, she didn’t know. Almost nobody finds her denial credible. Yesterday the Times published a joint interview with Streep and her “The Post” co-star, Tom Hanks. Told by the interviewer that in light of the doubts about what she knew, the public wants to hear more from her, she responded,

“I don’t want to hear about the silence of me. I want to hear about the silence of Melania Trump. I want to hear from her. She has so much that’s valuable to say. And so does Ivanka. I want her to speak now.”

Streep locks up the 2018 Whataboutism of the Year title with that one, along with adding a ridiculous sentence into my personal collection of statements that deserve note because they had never been said before in the history of the English language. I started my collection decades ago at a family Thanksgiving dinner, when my sister said, “You know, the fish looks so good, I think I’ll wear my bra on my head.” And a collection was born.

“I don’t want to hear about the silence of me” has an elegant simplicity about it. In addition to being a strange sentiment, Streep also misses the whole concept of an interview—surprising, since she has done so many of them. See, Meryl, these questions are about what the public wants to hear about, not what you want to hear about. Was that really unclear to you until now? This was not an open invitation to announce all the things you’d like to hear about that have absolutely nothing to do with Harvey Weinstein. This is “Look! Squirrel!” carried to a demented extreme. Streep revealed herself as seriously Trump Deranged, as she thinks that the way out of every personal crisis is to declare, “But what about TRUMP????”

Looks like I won’t be watching “The River Wild” again. Pity. (I won’t watch “The Dear Hunter” again either, but then you never could have made me watch that thing a second time, not under torture or extortion.)

3. Now THIS is a frivolous law suit.  From CNN:
Continue reading →

Morning Ethics Warm-Up, 1/3/2018: Lists, Lust, Tweets and Twits…[UPDATED!]

/ Jack Marshall / 34 Comments

Good Morning, Ethics Lovers!

1 Fake news or just bad journalism? These year-end lists are sometimes very valuable. The Washington Examiner has published what it calls “our catalogue of the shoddiest political reporting beginning Jan. 20, 2017,” It’s no surprise that most of the items appear to spring from anti-Trump bias, but not all. I’m certain the list is not complete; I’m very certain that Fox News is treated far too leniently. It’s still a useful list.

This example from the list is the kind of misleading spin that Ethics Alarms will continue to label fake news: anti-Trump distortions designed to further a Democratic constituency’s false narrative. This one was generated by a reporter’s confirmation bias that the White House was hostile to LGBT citizens, then not checked, and given a pass by an editor who was also influenced by confirmation bias:

March 29: The Golden Easter Egg

The Claim: In a first for the White House, the eggs used for the annual Easter Egg Roll will be gold instead of the usual rainbow and pastel colors.

The Source: A New York Times reporter.

The Facts: This was not the first time that the White House has used golden eggs for the annual hunt. The Obamas had golden eggs as did previous administrations.

Hell, I knew about the golden eggs. It would have been easy to check, but the journalists leaped to the conclusion that would support anti-Trump fearmongering.

2. Add it to the list! Ann Althouse caught this one:

I’m reading “Trump’s claim that he prevented air-traffic deaths is his most questionable yet” by Philip Bump at the Washington Post (and similar attacks on Trump elsewhere). But what Trump tweeted was:

“Since taking office I have been very strict on Commercial Aviation. Good news – it was just reported that there were Zero deaths in 2017, the best and safest year on record!”

Those are 2 separate sentences. They do create the impression that they have something to do with each other, but he’s only claiming that he’s been “very strict on Commercial Aviation.” (Don’t get me started on the capitalization.) He never says because of my strictness there have been zero deaths. If you see a claim, you made an inference.

Bingo. And inferences should not be published in major newspapers as facts. Trump did not claim that he prevented air-traffic deaths, and even if he had, it certainly would not be “his most questionable yet.”

3. He just can’t help himself.  I wonder how many extra approval points President Trump would have if he just had a smart, savvy, responsible tweet editor with veto power. Stupid tweets like yesterday’s retort to “Rocket Man”…

“North Korean Leader Kim Jong Un just stated that the “Nuclear Button is on his desk at all times.” Will someone from his depleted and food starved regime please inform him that I too have a Nuclear Button, but it is a much bigger & more powerful one than his, and my Button works!”

…are nothing but destructive. a) This kind of flippant talk involving nuclear war is per se irresponsible. b) It reinforces fears that the President is reckless and untrustworthy. c) It is childish, and reduces international diplomacy to playground taunts. d) It shows a flat learning curve and a frightening lack of discipline and judgement. e) It’s crude, and unpresidential.

But you knew that without me having to explain it, right? So why didn’t he?

Continue reading →

So…Carl Bernstein Really Thinks President Trump Is Innocent Of Collusion With Russia After Telling Us For A Year That He Is Guilty. Nice.

/ Jack Marshall / 29 Comments

A bad month for Carl Bernstein: first the film Bernstein, Dustin Hoffman, is revealed as a sexual predator, and now the real one is revealed as a lying partisan hack.

Brava to Ann Althouse for catching this.

I’ll let Ann describe her own scoop…

I was stunned by this amazing slip this morning on CNN’s “State of the Union.” The moderator Dana Bash had this question:WOODWARD: You have to look at the crimes.

[T]he investigation has been going on for over a year, at least in the Justice Department, the FBI. We still don’t know about any evidence that the president knowingly colluded with Russia. Does that give the president’s claim that this is a witch-hunt some credence?

Bernstein’s answer:

“He believes it’s a witch-hunt. There’s no question he believes it’s a witch-hunt.”

What?! The only way that Bernstein can make those assertions about what Trump believes is if Bernstein is sure Trump is not lying. Trump knows what he did with respect to Russia, but he’s saying it’s a witch-hunt. Trump’s saying that it’s a witch-hunt could happen if: 1. He knows there’s nothing there (i.e., Mueller is searching for for something, like a witch, that doesn’t exist), or 2. He’s worried about something that he did and he wants to hide it. Bernstein’s remark excludes #2. But Bernstein doesn’t have access to the inside of Trump’s head, so why did Bernstein say that? I’d say Bernstein, on his own, knows that there’s nothing there, and he blurted out an answer without thinking about what he was saying about what’s in his own head.

Continue reading →

Morning Ethics Warm-Up, 12/11/2017: Boston, Racism, Morality And The Media’s Continuing Conspiracy

/ Jack Marshall / 19 Comments

Good Morning!

1 That’s my town! Spotlight, the Boston Globe investigative team that was the focus of the Academy Award-winning film about its crucial role in exposing the  Catholic Church’s child-molestation scandal, has published the results of an investigation into racism in Boston. Nobody who lives in Boston or did for any length of time (like me) can find that the conclusion of the Spotlight team qualifies as news: Boston is an overwhelmingly white city—the whitest of all the major metropolitan areas—which may have softened its traditional hostility to African Americans, but that so far hasn’t changed the impression among its black residents that they are outsiders, and tolerated rather than welcome.

I love Boston, and would move back there in a heartbeat if it didn’t mean uprooting my life in unpleasant ways. The report, however, is depressing, for that ironic feature of the city was a blight on it when I lived there, and decades have failed to change it significantly.

2. Not “Morality Alarms”. Let me stick this in quickly.

A commenter on the most recent Comment of the Day on the Masterpiece Cakeshop controversy sent in a defense of the baker’s conduct based on Scripture. I stated,

I dismiss this argument out of hand.

2000 year old biases are now called ignorance. They can be justified as of their time, but pretending nothing has changed since then is indefensible and willfully obtuse. The taboos against homosexuality were a matter of common sense when procreation was essential to a tribe’s survival. Before there was psychological research and knowledge of brain chemistry, ignorance about homosexuality was excusable, and even natural. 2000 years is a long time. There is no excuse for pretending that it isn’t, that human beings haven’t learned, that knowledge hasn’t expanded, and that ancient texts are not often dangerously and cruelly out of date.

In two follow-up comments I wrote, stitching them together,

That’s not reasoning or argument, and this blog is about ethics (what’s right?) not morality (what does God say is right?)…At some point discrimination and prejudice is still discrimination and prejudice. “The Bible says I should be prejudiced” is better, sort of, than “I just hate these people,” but it also is a cover.

Needless to say, an argument that relies entirely on the Bible is just an appeal to authority. That’s not a reasoned argument, but a declaration. Nor is it possible to argue with God, who works in mysterious ways, meaning that “but that makes no sense!” doesn’t work.

This isn’t a morality blog, and never has been. Simple as that. Continue reading →

Ethics Quote Of The Month: Ann Althouse

/ Jack Marshall / 7 Comments

“I’d like to see more women in office, but I’m afraid that the speed with which the female Senators aggregated and demanded instant surrender is frightening. Is that the way women use power? I want more success for women because women have been on the down side of power throughout human history. I want freedom and fairness for everyone. And so if women who acquire power are worse than men — vengeful and too impatient for due process and eager to take sides and ready to assume they know the facts — then we should be skeptical about the benefits of women in power.”

—-Ann Althouse, retired law professor and now full-time blogger, in a post called, How the Franken & Franks resignations will, I’m afraid, end up hurting women.

Ann expands provocatively on an issue I raised in item 4 in today’s Warm-Up, how the #MeToo mob’s rush to accuse and condemn alleges harassers in the corridors of power across the culture will backfire on women and feminists. Regarding what I fear, that women will become a feature of the workplace that men fear to work closely with, bond with, and be themselves with, she writes, Continue reading →

Back To The Bigoted Baker: It’s Complicated…More Than I Thought

/ Jack Marshall / 150 Comments

The last time (in July) I dealt with the apparently thornier-than-I-thought issue of the Colorado baker who refused to sell a wedding cake to a gay couple, I assumed that the Supreme Court would treat this as a pure public accommodations case, and side with Colorado and the couple. I was wrong. Now it is beginning to look like baker Jack Phillips may even prevail, based on the justices’ comments during oral argument.

Then I wrote, quoting my post when this case first surfaced…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Recent articles about the SCOTUS appeal have added some facts that I had missed, or not given sufficient weight. For example, Continue reading →

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

/ Jack Marshall / 8 Comments

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading →