Unthical Quote of the Week: Bill Cosby Attorney Martin Singer

lying-lawyers“The new, never-before-heard claims from women who have come forward in the past two weeks with unsubstantiated, fantastical stories about things they say occurred 30, 40 or even 50 years ago have escalated past the point of absurdity.These brand new claims about alleged decades-old events are becoming increasingly ridiculous, and it is completely illogical that so many people would have said nothing, done nothing and made no reports to law enforcement or asserted civil claims if they thought they had been assaulted over a span of so many years.  Lawsuits are filed against people in the public eye every day. There has never been a shortage of lawyers willing to represent people with claims against rich, powerful men, so it makes no sense that not one of these new women who just came forward for the first time now ever asserted a legal claim back at the time they alleged they had been sexually assaulted. This situation is an unprecedented example of the media’s breakneck rush to run stories without any corroboration or adherence to traditional journalistic standards. Over and over again, we have refuted these new unsubstantiated stories with documentary evidence, only to have a new uncorroborated story crop up out of the woodwork. When will it end?

—-Martin Singer, one of comedian Bill Cosby’s lawyers, trying to quell the public relations storm that threatens to blow the 77-year-old icon’s career and reputation apart.

Wow.

I advise lawyers not to make sweeping, emphatic statements like this, for several reasons. First, it comes very close to violating the ethical prohibition against dishonesty, misrepresentation, fraud and deceit. If the lawyer wants to say such words on behalf of his client, that’s one thing, and legitimate representation, though I would prefer to see such statements come from a publicist. For Singer to say something like this on his own behalf, however, harms all of his other clients by scarring his credibility. I don’t believe him, and when it becomes indisputable that Cosby is guilty and that his lawyers had to know, no one will be able to believe him again. Lawyers are supposed to tell the truth, and to represent even the most despicable clients without behaving unethically themselves, within the standards of the profession. That can be difficult, as in this instance. That is why lawyers get the big bucks, however. They should be able to walk that tightrope.

Singer falls right off: Continue reading

Comment of the Day: On Cosby, Clinton, And An Ethics Dunce Convention In Melbourne, Florida

Why can't a serial rapist be funny and cute?

Why can’t a serial rapist be funny and cute?

Frequent commenter aaronpaschal weighed in with this rich post on the Bill Cosby matter. I will hold my response to the end, because there is much to consider here, and much I disagree with. However, aaron has articulated well the thoughts many are having about the Cos, and I am grateful for the exposition. Here is his Comment of the Day regarding the post, On Cosby, Clinton, And An Ethics Dunce Convention In Melbourne, Florida.

I don’t know if I fully believe the allegations. I don’t know if the girls and women involved should bear some responsibility for choosing to become impaired. I don’t know if Cosby’s career will long survive this uproar – Netflix is dropping all of Cosby’s works in response, and that’ll cost someone a pretty penny.

But I do know that I don’t feel completely at ease with the notion that he faces ruin. That there is no evidence, no words, nothing he could present in his own defense. No courtroom, no trial, no lawyers. That the man who allegedly committed these acts did so a lifetime ago. I’ll admit that the women who have come out don’t have much tangibly to gain – but I also know all too well that revenge, hatred, defending existent lies, even merely time in the spotlight can be powerful motivators for some people (bearing in mind that pursuing justice, speaking the truth, and protecting the innocent are well – it could be any of them, all of them, or more.) There must, however, be SOME motive somewhere, or they would not be stepping forward – if there was truly nothing to gain.

But I do know that his works have always made me laugh, and I will appreciate them for years to come. I know I’ve heard wisdom from him, and these crimes don’t change the wisdom, either. I might not choose to leave my daughter alone with him. And I know that the court of public opinion makes very few wise choices, it is a terrible thing to be tried by it, guilty or innocent, and true justice is rarely found there.

Continue reading

On Cosby, Clinton, And An Ethics Dunce Convention In Melbourne, Florida

Cosby billboard

It is kind of funny, isn’t it, to hear and read the shocked reactions of pundits to the fact that probable serial rapist Bill Cosby got a standing ovation from his concert crowd of 2100 in Melbourne, Florida last night? “What could this mean?” they ask. Does this mean that Cosby’s popularity will survive the onslaught of women reporting that he drugged and raped them years ago? Well, no, it means that 2100 people who paid premium prices to see Bill Cosby and attended his concert even after hearing more than sufficient evidence that he is a sick hypocrite like Bill Cosby.

Wow.

What a surprise.

Nor should it be any surprise that that many people will adopt rationalizations and tortured logic to avoid confronting the cognitive dissonance resulting from a self-styled moral exemplar having a spectacularly immoral, indeed criminal, past. After all, the Democratic National Convention, with a lot more that 2,100 in attendance, cheered serial sexual harasser and sexual predator William Jefferson Clinton as he spoke to a throng protesting Republican attitudes toward women, as progressive journalists and pundits from MSNBC to the New York Times nodded in approval.

Unrelated, you say? Wrong. The phenomenon is exactly the same, and therein lies a serious problem for Hillary Clinton. The rationalizations used to rescue her husband from accountability for his decades long abuse of women are exactly the same as those being used now by Cosby’s desperate fans to try to keep laughing at the wise humor of the icon who includes in his storehouse of wisdom such nuggets as… Continue reading

Don Lemon’s Ethics Foul Wasn’t “Insensitivity.”

I know, Don...it hurts.

I know, Don…it hurts.

[I am typing this in an airplane, sitting crunched in a bulkhead seat crushed between the wall and a 275 pound guy in the middle seat. If you thought my typos were bad before…”]

Between my logging off the blog to go to the airport and now, as I thought about what I would write about CNN anchor Don Lemon’s awful ethics alarm failure while questioning Joan Tarshis, one of Bill Cosby’s growing list of alleged victims,  Lemon apologized. That was fast, but I assumed the barrage of criticism heading his way would be furious, and it was. His apology was a non-apology apology, by the way, a classic “I’m sorry you misunderstood me” that, you should notice, didn’t include an apology to Tarshis.

I didn’t misunderstand him. Lemon wasn’t being insensitive; he is in the throes of cognitive dissonance, just like Whoopi Goldberg. Bill Cosby is someone he admires, and sexual assault is something he deplores. If Cosby is a sexual predator, then Lemon has to resolve his dissonance: he can either lower Cosby in his estimation, or elevate what his hero almost certainly did to all these women to the “not that bad” category. (The latter was the choice of most of Bill Clinton’s conflicted offenders, by the way. Lying about sex is normal! Other presidents cheated! It was consensual! Monica seduced him: he was a victim! It was personal conduct...etc.) Continue reading

Ethics Quote Of The Day: Joan Tarshis, Alleged Bill Cosby Victim

Joan_Tarshis_on_Bill_Cosb

“I know he’s an icon. So is Bill Clinton.”

-Latest Cosby accuser Joan Tarshis, now a publicist and journalist, who wrote a detailed account of  being sexual assaulted  by Bill Cosby, when she was a teen, for the Web site Hollywood Elsewhere, replying to a question on CNN this morning about why anyone should believe her when she impugns the character of “an icon.”

BAZINGA!

Two Deceitful Non-Denial Denials And An Unethically Tardy Whistleblower

Francis

TV shows like “Lie to Me” and “The Mentalist” as well as all the profiling shows like “Criminal Minds” have done a public service by schooling viewers in the tell-tale signs of non-denial denials. Nonetheless, people continue to use them, apparently because they work. Bill Cosby’s lawyers just launched a lulu, responding to the inexplicably re-booted accusations that Cosby was a serial sexual predator in the 70’s. You can’t get more non-denial than this, from lawyer John P. Schmitt on Cosby’s website:

“Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact that they are being repeated does not make them true..Mr. Cosby does not intend to dignify these allegations with any comment.”

There is no denial of the alleged rapes to be found here. Yes, the accusations are “decades old”: So what?  So are questions about whether Lizzie Borden was guilty.  The fact that the allegation are decades old means Cosby can’t be prosecuted because of the statute of limitations, but they don’t change anything about the seriousness of the accusations against the erstwhile “America’s Dad.”

Discredited? How have they been discredited? Cosby paid a settlement in one of the cases: that generally makes the allegations look credible (See: Paula Jones/Bill Clinton; Michael Jackson). Sure: “The fact that they are being repeated does not make them true,” and it also doesn’t make them false. That Cosby doesn’t intend to “dignify” the matter with further comment is strategy and posturing. It is significant that the lawyer did not say “He didn’t do it.”

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[UPDATE: Ah HA! Today that statement was taken down, with this taking its place, a joint statement from Dolores Troiani, counsel to Andrea Constand, and Schmitt:

‘The statement released by Mr. Cosby’s attorney over the weekend was not intended to refer in any way to Andrea Constand. As previously reported, differences between Mr. Cosby and Ms. Constand were resolved to the mutual satisfaction of Mr. Cosby and Ms. Constand years ago. Neither Mr. Cosby nor Ms. Constand intends to comment further on the matter.”

Translation: “Oops. That settlement with the first of Cosby’s accusers was predicated on neither party impugning or accusing the other once the money was paid, and that “discredited” comment risked getting Bill in even more hot water. Never mind!”]

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Lawyers aren’t permitted to lie, though. Then again, they aren’t supposed to mislead the public with deceitful non-denials, either.

Then we have CNBC’s response to ex-CNBC reporter Melissa Francis, who followed Jonathan Gruber’s admissions of rigged math to get the Affordable Care Act past “stupid voters” with a relevant anecdote of her own. Francis, now a Fox Business anchor,  claims that the network “silenced” her when she questioned the merits and specifically the misleading numbers for the Affordable Care Act when it was being rammed through the legislative process. She told Fox News that she was called on the carpet by CNBC brass and told to stop, on the grounds that such criticism was “disrespectful to the President.”

A CNBC representative responded: Continue reading

About Bill Cosby

Cosby meme

Fair enough. Wait…what????

Why is Bill Cosby’s past avocation as a Hollywood power-abuser and serial sexual predator suddenly so upsetting to Hollywood that they are recoiling from him now?

I refuse to believe that everyone in the news media, the entertainment industry and the black community didn’t know all about it, and for many years. I wrote about it in 2007, and I am not an investigative reporter.

I have to conclude that this is all because of younger people learning about this for the first time and the effect of social media. When whoever runs Cosby’s Twitter account cluelessly challenged followers to “meme me!”, what resulted was a flood of derisive–but funny!—memes referencing the rape allegations (he reportedly used hypnotic drugs), like the one above, or this one:

Cosby meme1

 

I also have to conclude that… Continue reading

Al Gore, Bill Cosby and the Ethics of Flawed Messengers

We can wait until the whole sordid mess plays out, but as someone who has spent a lot of time researching and training managers about sexual harassment, it is all but certain that Al Gore’s reputation is a goner. One accusation of sexual harassment can be and often is a false alarm. When more allegations of the same type begin to surface after one accuser has broken the dam, however, it is a sure sign that the accused is a serial harasser. The National Enquirer, which has a nose for sleaze (see: John Edwards) is reporting that two more masseuses in two different locales have reported in-room encounters with Gore that echo that of the Portland masseuse whose complaint about Gore was first stifled by her environmentalist friends, and later by the Portland police. This news puts in a new perspective Gore’s unseemly defenses of Bill Clinton’s conduct when Al was Veep, and may even begin to solve the mystery of why the “Love Story” Gores ended in divorce.  Al, in other words, probably really is a “crazed sex poodle.”

Will this development greatly damage his ability to exercise influence in the climates change debate? Of course it will. Continue reading