The Supreme Court ruled today that courts must reject the usual rule that jury deliberations are secret when evidence emerges they were marred by racial or ethnic bias. The 5-to-3 decision was triggered by statements made during jury deliberations in a 2010 sexual assault trial, when a juror said of the defendant, “I think he did it because he’s Mexican, and Mexican men take whatever they want.” The juror was a former law enforcement officer, and after the trial was over, two other jurors submitted sworn statements describing what he had said during deliberations.
Tag Archives: bias
Those statements, the Court’s majority said, warranted an investigation by the trial judge into deliberations that are ordinarily secret. Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined Justice Kennedy in the majority opinion.
From The Ethics Alarms “Doing The Right Thing For The Wrong Reason” Files: The President Snubs The White House Correspondents Dinner
President Donald Trump has declined the invitation to attend the White House Correspondents Dinner, becoming the first President to skip it since Ronald Reagan in 1981, who missed the dinner while recovering from an assassination attempt but still delivered remarks over the phone.
Once, before it was televised, over-publicized, and hyped, before Presidents started hiring comedy writers to give them professional qualify stand-up material, and especially before the last eight years of an event that looked like the President was fraternizing with complacent and sycophantic supporters and cronies—which he was— the dinner served the purpose of sending a salutary message that the relationship between the press and the President in power was adversarial but not personal, and that like all professionals, the adversaries could disagree intensely on important issues and have a congenial beer together later. It had become a classic example of the appearance of impropriety, however, going hand and in hand with Joe Biden’s “Super-Soaker” party for journalists that I examined in 2010.
Let me take you down on a stroll down Memory Lane. After Wolf Blitzer, Ed Henry and others appeared on You-Tube giggling and playing games with Vice President Biden, Rahm Emanuel and other Obama administration officials at the Biden-hosted party, Glenn Greenwald wrote,
I personally don’t think that these types of interactions ‘violate journalistic ethics,’ because I don’t think such a thing exists for them. Rather, all of this just helpfully reveals what our nation’s leading “journalists” really are: desperate worshipers of political power who are far more eager to be part of it and to serve it than to act as adversarial checks against it — and who, in fact, are Royal Court Spokespeople regardless of which monarch is ruling. That’s why they’re invited into the heart of Versailles to frolic with the King’s most trusted aides: it’s their reward for loyal service as Court courtiers.”
To which I added,
It’s not very complicated: if the public believes that journalists are inclined to be favorable toward government officials because they like them, get benefits from them, and seek their approval, then they cannot trust the objectivity of the news. The Biden party proves that some prominent journalists either don’t understand this, or don’t care.
Now, after 8 years, we know: they don’t care. Their relentless partisan bias has become transparent, and journalists, as well as the beneficiaries of their bias, are content to continue denying it, pointing to the solid and fair reporting mixed in with the deceptive and incompetent stories. The White House Correspondents Dinner has been both the product of an illicit relationship between the White House and the press, and proof of it. To bolster the public’s trust, to avoid conflicts of interests and to reduce the appearance of impropriety, Presidents, Vice-Presidents and high government officials should not participate in this event or others like them—OR super-soaker parties at the VP’s mansion. Continue reading
WASHINGTON (CBS SF/AP) — The Trump administration ramped up its war against the press Friday, blocking several major outlets from a scheduled White House press briefing.The New York Times, the Los Angeles Times, CNN and Politico were among the news organizations excluded from the meeting, reportedly an untelevised gathering with the press instead of the usual on-camera briefing with White House Press Secretary Sean Spicer.
I am not aware of the specific reasons for the action, but:
1. I read the New York Times daily. It is routinely making every effort to present the actions of the Trump Administration in a negative light, often engaging in outright deceit to do it. It is behaving, as it has for years, as a Democratic Party organ.
2. CNN simply teems with anti-Trump hostility, in the tone of panel discussions, in the framing of the news, in the sneers and body language of its talking heads. This is not ethical journalism.
3. Politico is left-biased, but I haven’t followed it closely. The LA Times has conditions for use that I can’t meet. I’m not sure how biased they have been.
4. There is nothing per se unethical about a Presidential administration deciding that a news source it considers untrustworthy, unreliable and allied with groups that want to literally bring it down should be treated accordingly. Competent, unbiased, fair and ethical journalism is not an excessive requirement.
5. The response to Trump’s very clear warning to the news media last week was, “You can’t stop us, and we will be as hateful as we please.” This is his response to that. Hubris has its consequences. After MSNBC’s “Morning Joe’s” co-host Mika Brzezinski ‘s comment this week, some attitude adjustment seems to be mandatory. She said of the President,
“He is trying to undermine the media and trying to make up his own facts. And it could be that while unemployment and the economy worsens, he could have undermined the messaging so much that he can actually control exactly what people think. And that, that is our job.”
No, Mika, actually leaders always lead, which always means trying to persuade the public. That is their job. You job is to keep the public informed without telling them what to think, since as this statement proves, you don’t think all that well. At all.
6. I am surprised that the Washington Post wasn’t shut out as well, especially after a slime job like this story.
7. Would I recommend this action by Trump? No. But it is a defensible response to a real threat to his ability to govern, and an informed democracy. It may not be a responsible or prudent response.
8. The best response would be for journalists to start doing their real job, and report the news fairly and competently without aligning themselves with political agendas.
Pointer: Zoltar Speaks!
Comment Of The Day: “The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part III: The Tweet”
Reader Greg boldly ventures into the perilous waters of distinguishing among what the news media calls lies, especially when they involve President Trump. His piece is also a fortuitous companion to this post, which I was completing when his appeared.
Here is Greg’s Comment of the Day on the post, “The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part III: The Tweet”:
The media coverage of “Donald Trump’s lies,” and most recently of the stupid Sweden controversy, conflates several different categories of statements and treats them all as being equally serious. For example, let’s suppose Trump tells this story at one of his rallies:
“I was out on the boat – last week with Bill Clinton – just off the coast a few miles away from Mar a Lago – one of the great resorts of the world, by the way — and pulled in a 9-foot sailfish, the biggest sailfish ever caught. The biggest in those waters. It was a hell of a fight – gigantic fish almost pulled me overboard, one of the hands grabbed me and saved me really, kept me from going in – (Trump mimes himself almost falling into the water and being pulled back, to comic effect) – a Cuban immigrant by the way, a legal one and America can be proud of him.”
And let’s suppose that the next day the New York Times prints a front page story hysterically denouncing this story as a lie. When we read the article, we may find out that Trump’s story was any of the following:
1. An outright lie: Trump has never caught a sailfish in his life.
2. An exaggeration to make Trump look better: The exaggeration may be relatively slight (the sailfish wasn’t 9 feet long; it was 8 feet, which is still an awfully big fish) or gross (it was a 4-foot sailfish, which is puny).
3. An enhancement to make the story more entertaining: Trump is actually a terrific fisherman. He didn’t need any help and never came close to falling into the water.
4. A statement that Trump made without regard to its truth or falsity: The hand has a Hispanic accent but Trump has no idea whether he is a Cuban immigrant or not. He added that part to the story because it supports one of his pet policy positions. Actually, the hand is an American citizen born in Miami, and he is of Guatemalan ancestry, not Cuban.
5. An ignorant, lazy but honest error: The captain flattered Trump by telling him that his sailfish was the biggest ever caught in those waters, and Trump never bothered to look up the facts in a reputable reference source. Actually Trump’s fish was a full foot short of the record.
6. Mis-remembered: The way he remembers it, he was fishing off Mar a Lago that day, but actually he was 1,000 miles away, off the coast of the Dominican Republic.
7. True, but Trump’s thoughts are so much faster than his tongue and his syntax is so garbled that the story gives a false impression: Trump actually caught the fish 5 years ago while fishing with Tiger Woods. Trump didn’t mean he caught the fish with Bill Clinton last week. He meant that he just now had a fleeting thought about an interview with Bill Clinton that he saw last week on TV, which reminds him that he once read in the New York Post that Clinton had gone deep-sea fishing with Ron Burkle, which reminds him of his own triumph with the sailfish. As Trump so often does, he was sharing his train of thought, in a disjointed way, with his audience. The surprising thing is that, often, his gestures and tone of voice convey his meaning clearly to his friendly audience, even though it is completely lost on a hostile press and in transcripts.
8. Either true or false, depending on your point of view: Trump was actually fishing near the Bahamas, 100 miles away from Mar a Lago, which he considers pretty close but the Times considers pretty far. The Times accuses Trump of lying in order to attract fishermen to his resort at Mar a Lago and boost his own profits.
9. True, but said in a context that creates an unfortunate impression, at least in the mind of a hostile press: After the sailfish story, Trump segues into a story about the movie, Jaws, where the protagonist shot a great white shark with a high-powered rifle (“a great, great thing,” says Trump, “and there are a lot of good people in this country – second amendment, NRA – Obama and Clinton wouldn’t let you shoot a shark like that — but now that I’m president you and good Americans like you will have the freedom to do that”), which leads the Times to accuse Trump of shooting sailfish and supporting people who shoot endangered great white sharks and other species of endangered fish and possibly having shot endangered fish himself and maybe even having shot endangered whales and dolphins.
10. True in every detail, but the Times is calling it a lie anyway: The Times says the story creates the false impression that the fishing is good near Mar a Lago, which Trump is implying in order to boost profits from his resort, but the truth is that big sailfish over 7 feet long are rare in those waters and Trump’s record-setting catch was a fluke. Continue reading