bias

Holiday Ethics Reading Assignment: Ken White, Eric Raymond, And The New Republic

/ Jack Marshall / 23 Comments

Mother And Daughter Reading At Fire Place On Christmas Eve

Each of these would sustain a separate post, but there are a lot of issues looming, and I promised myself not let the 2016 Ethics Alarms Awards get swamped by events, like what happened last year. (Oh–if you have nominations for the Best and Worst of the year’s ethics, send them in: jamproethics@verizon.net.)

1. The New Republic published a transcript of what it calls a discussion among “five leading historians and political observers” regarding President Obama’s legacy. The group was really made up of two hard left journalists, two hard left historians, and Andrew Sullivan. No, balance was not a concern. Dropped in among the transcript were various other historian’s opinions, based on what appears to have been a questionnaire. I read it to learn: surely these devoted Obama supporters would be able to explain why Barack Obama should be regarded as a great President, a conclusion I find complete unsupportable. What I encountered was something very different: five partisans desperately spinning and distorting reality to try to manufacture what all of them appeared to know didn’t exist. In this respect, it’s a case study of how bias eats integrity. That none of these purportedly rigorous thinkers had the integrity to correct their colleagues when the self-contradictions and rationalizations reached toxic levels was shocking.

The big revelation for me was that when you come right down to it, the only major accomplishment the group agreed on was that being the first black President was his legacy. Stumped for substantive accomplishments, the discussion kept defaulting to Obama’s style. Infuriating but familiar for his failures were repeated ( Explaining the Trump election: “I don’t think it has anything to do with him personally, except that he’s a black man. The election of Trump was a gut-level response to what many Americans interpreted as an insult eight years ago, and have been seething against ever since.” Explaining Hillary’s loss: “I don’t think she was a lousy candidate. But for a candidate to lose to someone who’s never been in the military, who’s never held public office—he’s not like any candidate who’s ever run before. So there were other forces at play here, most notably her gender.” This is a petri dish to observe the mechanics of progressive self-deception.

Notably, nobody corrected certified myths, lies and howlers, like claims the Republicans vowed to make Obama a “one-term President” from “day one,” that its difficult for any party to win three straight terms (ARRGH!, and here’s the debunking of that convenient fiction), and the utter fake news that the Obama Administration was virtually scandal free, which is another way of saying that if the news media refuses to report your scandals or call them scandals, it’s amazing how easy it is to be “scandal free.”

There was also no serious mention of what I would finger as the single most destructive legacy of Obama’s years, the complete collapse of racial trust. Instead, we get this kind of self-parodying hagiography, and I’m not making it up, it’s really there:

ANDREW SULLIVAN: At some point in the future, with the possible bloodshed and civil unrest in this country that we’re about to engage in, he may be a key person as a post-president—a bit like a monarch who might be able to hold us all together.

NELL IRVIN PAINTER: [Applauding] Well said, Andrew, well said! 

ANNETTE GORDON-REED: That’s exactly right.

Good lord. Continue reading →

Julia Ioffe’s Vile Tweet: Now The Question Is Whether There Are Any Depths Of Unprofessional Conduct And Unhinged Bias That Disqualify A Journalist [UPDATED]

/ Jack Marshall / 72 Comments

trump-incest-tweet

Julia Ioffe, a columnist at “Foreign Policy” and a contributing writer for “Politico Magazine” was moved to issue the above tweet by accounts that First Daughter Ivanka Trump would serve as First Lady while Melania Trump remained in New York to care for the Trump’s young son . Oh, nice! Keep it classy, news media!

Ioffe now joins John Oliver, Charles Blow, Harry Reid, The View, Harvard Law professor Larry Lessig and others on a growing list of nominees for the 2016 Ethics Alarms Award as the most unsavory passenger on the 2016 Post Election Ethics Train Wreck. The problem is that she isn’t a British comedian, a race-baiting Times columnist, a full-time asshole, a talk show hosted by celebrity ignoramuses, or an especially deluded academic. Ioffe is supposed to be a journalist whose analysis can be trusted, and the vicious character and unrestrained hate that her tweet reveals should disqualify her for that profession. Before Donald Trump—you know, the new President whom the New York Times decreed is exempt from ethical treatment?—such a public statement would have disqualified any journalist and ended her career immediately. This would have happened because journalism organizations once valued not just professional conduct and objectivity but the appearance of it.

The tweet wasn’t just disgusting, it was incompetent, misleading and stupid:

  • The news report has been denied by the Trump transition team, so the alleged journalist was spreading “fake news.”

There have been almost two dozen permanent or temporary First Ladies who had other family relationships with Presidents, including daughters, daughters-in-law, nieces, sisters, cousins, and aunts. Three daughters assumed the First Lady role when their mothers died: Letty Tyler Semple for President Tyler,  Mary Harrison McKee for President Benjamin Harrison, and Margaret Wilson for Woodrow. Oddly, none of them were accused of having sex with their fathers. Margaret Wilson shared First Lady duties with President Wilson’s cousin Helen Bones, who had worked for the first Mrs. Wilson as personal secretary. Thomas Jefferson, Andrew Jackson, Martin Van Buren and Chester Arthur were widowers, so their First Ladies couldn’t be spouses. Jefferson’s daughter Martha Randolph, Jackson’s niece and daughter-in-law Emily Donelson and Sarah Jackson were all First Ladies.  James Buchanan and Grover Cleveland were bachelors when they assumed the presidency,  so Cleveland’s sister Rose Elizabeth served as his First Lady until he married Florence Folsom fifteen months into his administration, and Harriet Lane, Buchanan’s niece, acted as his hostess and was the first Presidential spouse referred to as the “First Lady.” Many other non-spouses served in the capacity for limited amounts of time for reasons comparable to Melania’s conflicts.

In short, Ioffe is ignorant of American history and didn’t know what she was tweeting about, but did so anyway, misleading the public. Continue reading →

Update: Generalissimo Franco* Is Still Dead, And Snopes Is Still An Unethical Website

/ Jack Marshall / 10 Comments
Snopes.com's favorite in "The Wizard of Oz," and I don't mean Ray Bolger...

Snopes.com’s favorite in “The Wizard of Oz,” and I don’t mean Ray Bolger…

The July 31 Ethics Alarms post detailing how snopes.com, usually referred to as the “fact and rumor check website,” has quietly morphed into just another progressive Democrat online spin-merchant nailed these frauds based on their tortured spin to protect Hillary Clinton and her election prospects from legitimate criticism and, in the case of Clinton’s decade-old defense of a child rapist, illegitimate criticism based on genuine facts that Snopes denied anyway.

That is…don’t ask me why…the most read, linked and shared Ethics Alarms post ever. It even was the target of some of Hillary’s paid online trolls, whom I recognized when I realized they were writing from the same (false) talking points memo. Just to be clear, there is no longer any legitimate dispute that Snopes can’t be trusted, is subject to partisan bias, and is thus 100% useless as a “fact and rumor check website,” since their writers warp facts and debunk the truth when they feel like it.

I ended the July pots on this depressing note for me, because I once used and recommended the site with confidence:

That’s the end for Snopes. Even one example of bias-fed misrepresentation ends any justifiable trust readers can have that the site is fair, objective and trustworthy. Snopes has proven that it has a political and partisan agenda, and that it is willing to mislead and deceive its readers to advance it.

Can it recover? Maybe, but not without…

…Getting out of the political fact-checking business.

…Firing Dan Evon, who used the misleading flag photos, as well as Kim LaCapria.

…Confessing its betrayal of trust and capitulation to partisan bias, apologizing, and taking remedial measures.

With all the misinformation on the web, a trustworthy web site like Snopes used to be is essential. Unfortunately, a site that is the purveyor of falsity cannot also be the antidote for it.

I’ll miss Snopes, but until it acknowledges its ethics breach and convinces me that the site’s days of spinning and lying were a short-lived aberration, I won’t be using it again.

Two developments since this was written are worth noting. The weird one is that the site has been prominently cited as an authority more often since that post than before it. NBC’s FBI action drama “Blind Spot” had a character settle an argument by referring to Snopes, a first, and increasing numbers of news reports and op-eds have cited Snopes as well. Obviously the scriptwriters, reporters and pundits don’t read “Ethics Alarms,” but this is pure negligence. Snopes can’t be trusted. It’s as simple as that.

I have received from readers more examples of Snopes Spinning For Democrats, but this one, flagged by the Daily Caller, is worthy of this brief return to the issue. Continue reading →

Two From The “Bias Makes You Stupid” (Or The “Fake News”?) File:

/ Jack Marshall / 10 Comments

trump-boos

1. “Newsweek”reporter Kurt Eichenwald reported via Twitter that Iowa supporters of president-elect Donald Trump booed astronaut and former Senator John Glenn when Trump mentioned his recent death. This “news” gave Trump-haters and Trump voter-haters everywhere more to justify their hatred, and the tweet (above) prompted thousands of retweets and likes….

fake-boosNever mind. It didn’t happen. The crowd was booing anti-Trump protesters, not Senator Glenn. Eichenwald sheepishly retracted the “scoop.”

2.Yesterday morning, MSNBC host Stephanie Ruhle claimed on the air that  Fox News was holding its Christmas party at President-elect Donald Trump’s recently opened Washington hotel, in the course of a discussion of Trump’s conflicts of interest. What a great example of how the conservative media is in bed with Trump—almost as much as the mainstream media was coordinating with the Clinton campaign!

Unfortunately, Fox News hasn’t held its annual party yet, and has scheduled its actual party at a hotel that isn’t affiliated with Trump. Ruhl had to issue an apology and a retraction.

In response to the recent Ethics Alarms post about the hypocrisy and dubious motives behind the mainstream media’s sudden obsession with the “fake news” crisis, some commenters argued that EA is confounding good faith journalism mistakes with the real “fake news,” a term that should be narrowly used when a source intentionally issues a false story “maliciously.” The spectrum, however, is too seamless to parse this way. Continue reading →

The Ethics Meltdown Of Elie Mystal Continues

/ Jack Marshall / 36 Comments
Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading →

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

/ Jack Marshall / 30 Comments

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading →

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

/ Jack Marshall / 20 Comments
Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading →

My Happy Birthday Ethics Quiz: The National Review’s Theory

/ Jack Marshall / 109 Comments

flaming-cake

Today is my annual struggle (since 2009) to try to think of my birthday as something better than “Finding Dad Dead In His Chair Day,” and I must say, Facebook Friends have been especially helpful by sending along happy birthday wishes. Since none of them de-friended me for political differences during and after the campaign, I was intrigued by this essay in the National Review, titled “Ten Reasons Left-Wingers Cut Trump Voters from Their Lives.”

Now as I have made painfully clear, I was no Trump voter, having determined early on that I would sooner undergo a head-transplant from a warthog, even a Bernie-boosting warthog, but I was no Hillary Clinton supporter either, and was especially eager to shoot down particularly stupid memes from OccupyDemocrats, MOVE-ON, and the National Federation of the Brain Debilitated when my friends posted them, which was depressingly often. (Come to think of it, most of those FBFs who are addicted to progressive memes haven’t sent me birthday wishes, the bastards, but then the National Review piece wasn’t called “Ten Reasons Left-Wingers Won’t Say Happy Birthday To Facebook Friends Who Point Out That The Memes They Post Have Been Proven To Cause Retardation In Chimps.

The article is biased, of course: it’s the National Review. Obviously its assertion is over-generalized. But how fair is its general proposition, which is that the 2016 phenomenon of people cutting off friends and family is “one-sided”? Continue reading →

Americans: End This Slippery Slope Now, Before It’s Too Late.

/ Jack Marshall / 137 Comments

maggianos

Ethics Alarms has repeatedly inveighed against public accommodations that have attempted to discriminate based on customers’ social and political views. This growing phenomenon is part of the ugly legacy of division and and hyper-partisanship created by the Obama years, and it threatens to get worse. If we want an ethical society and a healthy culture, we have to unite and reject this undemocratic tendency quickly and emphatically. It literally threatens all of us.

The specific incident prompting this alarm comes from a restaurant in my region, Maggiano’s Little Italy in Chevy Chase, Maryland.

Last week, Maggiano’s was subject to a protest so vociferous that the restaurant has to shut down for the safety of employees and diners. The reason for the protest was that National Policy Institute (NPI), an alt-right group, was having a banquet there. In a grovelling e-mail to the community, Maggiano’s management wrote that

“We were not aware that NPI was dining with us or what the group represents. After the event, an attendee sent a tweet in which she made a “Sieg Heil salute” in support of Hitler and white supremacy. This expression of support of Hitler is extremely offensive to us, as our restaurant is home to Teammates and Guests of every race, religion and cultural background. We want to sincerely apologize to the community of Friendship Heights for inadvertently hosting this meeting, which resulted in hateful sentiment.”

When did it become required conduct for restaurants to investigate the liberal bona fides of a group before it could be granted leave to dine there? When did what a diner tweets after a meal become conduct a restaurant had to account for? If Maggiano’s can be bullied into apologizing for serving the NPI, why would serving any other group or organization that some group of self-righteous protesters find objectionable, fairly or not, pose a similar risk?

Put aside the Nazi salute: that’s inappropriate conduct in a public place, and the restaurant could certainly, and should, tell diners who behaved like that to leave. That’s not what the restaurant is apologizing for, however.  They are apologizing for hosting the group, despite its Constitutionally protected political views. Continue reading →

Justice Ginsberg Has Reached Her “What The Hell” Stage, But That Doesn’t Mean It Can Extend To Ethics

/ Jack Marshall / 63 Comments

ginsberg-jabot

Justice Ginsberg has been speaking out lately in intemperate fashion, first about Donald Trump, then about Colin Kaepernick. In both cases she received immediate criticism and issued apologies. It’s clear, however, that the liberal feminist icon, now 84 and in ill health, has reached the point in life where she feels she doesn’t need to be especially vigilant about what she says, a bit like Estelle Getty’s character Sophia on “The Golden Girls.” After all, what can anyone do to her?

Now that would normally be the time where ethics are paramount: ethics are what you do when you know you can get away with it (among other handy definitions). Ginsberg is a member of the one court that has no official Code of Judicial Ethics,  but since it is the highest court in the land, its judges are obligated to be exemplars, not rebels.

But what the hell. Justice Ginsberg affects ornate jabots when she is on the bench: they spruce up the unisex black judicial robes. In 2014, she revealed that some of them have special significance. She wears one Jabot, for example, when she is part of a majority which is about to deliver its opinion. She wears another when she is dissenting from the majority opinion. (That’s it above.)

Wednesday morning, following the election of Donald Trump, an event that she had earlier told an interviewer would cause her to move to New Zealand, Ginsburg sported the “dissent jabot” on the bench, though no opinions were being read. Reporters quickly picked up on the code, and took the choice as an expression of opposition to Trump’s election, which it almost certainly was. She has not disabused anyone of the assumption.
Cute, clever, unprovable, and unethical. It would have been a clear breach of decorum, independence and judicial dignity for Ginsberg to wear a Hillary button on her robes, or to sport any political statement. Judges typically oppose lawyers, clients and witnesses from bringing politics into court. For a judge to do it is asking for an official reprimand. For a Supreme Court Justice to do it, it doesn’t matter what the message is, shows a lack of respect for her own profession, as well as a lack of self-control.

The gesture is also unprofessional and a breach of the duty of all high government officials to publicly show respect and support for each other. For Ginsberg to “shout out” her dissent to a Presidential election (it doesn’t matter if it is code or not) in such a prominent public forum intentionally endorses divisiveness, at a time when divisiveness is a real threat to national stability.Naturally, her feminist, progressive and Democratic fans cheer this defiance, because they don’t know judicial ethics from corn flakes. Heck, after defending Hillary Clinton for so long, they don’t know any ethics from corn flakes. Justice Ginsberg knows, however. She just doesn’t care any more.

Ah, what the hell?

Continue reading →