Tag Archives: deceit

Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition

Gooood morning Pyongyang!

…and everyone else too, of course.

1. ” Winning.” How many in “the resistance” and the news media are rooting, secretly or openly, for the North Korean talks to fail? Based on the tone of some premature gloating on social media and news reports after North Korea threatened to pull out of talks, I think “many” is the fair answer. Other recent headlines and news stories also point in this direction, like “Improving Economy A Problem For Democrats.” (No, an improving economy is not a problem for any Americans, unless they care about their own power more than their country.)

This is especially revolting ( and hypocritical) from the same people who 1)  falsely attributed Rush Limbaugh’s indefensible statement in 2008 that he wanted Obama to fail to the entire Republican Party (I condemned Limbaugh’s statement at the time) and 2) used it to feed the narrative that conservatives who opposed that Presidents left-ward policies were doing so out of personal and racial antipathy.

A President’s success–as in “being proved correct” or “getting lucky,” it doesn’t matter which— makes it more likely that policies you don’t like will be continued? Suck it up and cheer like the good citizen you are. His accomplishments make it less likely that your favorite politician will get elected? Cry me a river: your duty is to care about your nation and fellow citizens first. That you are on record that—okay, still think that—this Presdent has crap for brains and you wouldn’t shake his hand without gloves makes you look less wise and prescient than you would have if he fell flat on his face? Cue the world’s smallest violin, have some integrity, and grow the hell up.

2. Ken Burns ethics, and FDR. In this post earlier this year, I scored documentary whiz Ken Burns for the hagiography of Franklin Roosevelt that marred his otherwise superb “The Roosevelts.”  “The smoking gun for me,” I wrote, “is that despite ten and half hours, Burns somehow never found time to highlight FDR’s internment of American citizens solely because they were of Japanese ancestry. The civil rights outrage is only alluded to in passing, as part of a list from a biographer preceding the nostrum, ‘All great leaders make mistakes.’” That critique stands, but it is slightly unfair, I subsequently discovered. Burns covered the internment of Japanese Americans extensively in an earlier, also excellent, PBS series, 2007′ s “The War.”  Even that section, however, avoided laying proper accountability for the debacle at President Roosevelt’s feet.  I watched the documentary over the past two days, and the deceit is really extraordinary.  The narration keeps referring to Executive Order 9066, without specifically saying whose order it was, like the thing appeared on its own. Here, Ken, let me fix this for you:

President Franklin D. Roosevelt ordered the imprisonment of tens of thousands of American citizens of Japanese ancestry and resident aliens from Japan in concentration camps (“internment” is a euphemism and a cover word, like “pro-choice”) with towers and guards with loaded rifles. Though some German-Americans and Italian-Americans were imprisoned as well, far fewer were taken. The risk they posed was not considered as great, because they were white.’

Executive Order 9066 wasn’t rescinded, incredibly, until February 19, 1976, by President Ford. The Supreme Court decision upholding the order, Korematsu v. United States, 323 U.S. 214 (1944),has never been overturned. In that case’s 6–3 decision approving the abrogation of American citizen rights with fear as the justification, six of FDR’s eight appointees—you know, the liberals—  sided with Roosevelt, and against the Bill of Rights. Continue reading

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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

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The Paid Expert Witness Problem [UPDATED And CORRECTED]

“Check enclosed…”

When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.

Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client  a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.

But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading

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Clearing Up A Matter Of Widespread Confusion: How Lawyers Acquire Accidental Clients

When I pointed out this morning that by Sean Hannity’s own description of his relationship to Trump fixer Michael Cohen, he was Cohen’s client, several commenters protested, including a lawyer or two. This suggests that many more were similarly confused, and it is no surprise. A disturbing number of lawyers fall into the trap of acquiring “accidental clients.” There are many ways this can happen, but the most insidious of them is this, which people like me constantly and repeatedly warn lawyers about, often to no avail.

A relative or a friend approaches you, a lawyer, at a party. He or she asks you a question about some legal issue, and you give an off-the-cuff answer. Because you are a lawyer, and because you gave advice, however vague, that individual accepts it as a free legal opinion, and also assumes that the conversation was confidential. Usually nothing happens. Sometimes, however, the friend or relation acts based on your advice. If the results turn out badly, he or she may sue for malpractice, and sometimes will win damages. In an infamous case that is still good law, an individual went to a medical malpractice specialist to engage him to sue a hospital. After describing the facts, the potential client was told, “You have no case,” and informed that the lawyer would not accept the representation. But the individual relied on that statement, and didn’t bring a suit until the statute of limitations had run. Then he learned, from another lawyer, that he did have a valid case, though one he could no longer pursue. The first lawyer was sued for malpractice, and the court found that indeed “You have no case” constituted legal advice, and the advice was relied upon, meaning that an attorney-client relationship had been formed. Continue reading

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Morning Ethics Warm-Up, 2/16/18: Guns, Tweets And Blackberry Slingshots

Good morning everybody!

1. Oh, well if David Hogg says so… I just listened to an earnest, articulate Florida high school student named David Hogg tell a CNN reporter, his head nodding sagely, complete counter-factual garbage, with no correction, for what seemed like an eternity. “David Hogg wants Congress to act.” the screen said said as the 17-year-old was speaking. This is lousy, unethical journalism—well, it’s CNN– and irresponsible. I don’t blame the kid for believing the crap he reads and hears from people who are lying to the public, but I expect the news media to correct, not circulate, dishonest talking points. Well, maybe “expect” isn’t the right word.

No, David, “thousands of students” do not die every year. No, David, that “18 school shootings” fake stat is designed to mislead: it includes every time a gun has been discharged in or near a school, not mass or multiple shootings or even fatalities. [See Item #2]

See, David, when people talk about “mental health reform” they are often talking about pre-crime, and removing the rights of citizens before they have done anything wrong, much less criminal. But CNN’s reporter kept nodding.

These are complex issues involving rights and practical realities, and a high school student is not an authority that CNN or anyone should be presenting as an advocate. Until the anti-gun advocates stop intentionally distorting facts and trying to mislead while relying on emotion to swamp legitimate debate, there will be no serious dialogue about whether any policies could stop tragedies like the latest Valentine’s Day massacre, and bumper sticker chants like “Do something!” and “If it saves just one life…” lead away from responsible policy, not toward it.

I cross-posted this to Facebook, and can’t wait to read the reactions. At this point, posting facts qualifies as trolling. The anti-gun hysterics can’t stand it. Continue reading

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Morning Ethics Warm-Up, 1/30/18: The State Of The Union Stinks Edition

Good Morning, everyone!

1 Well, it’s good to know you have kept an open mind…New York Times Trump-Hater Michelle Goldberg, who has written for just about every left and far left website and publication imaginable,  on today’s Times editorial page:

“No matter how well Trump delivers the lines in his State of the Union — announced theme: “Building a safe, strong and proud America” — he will not become presidential. There will be no turning of corners or uniting the country. At best, Trump will succeed in impersonating a minimally competent leader for roughly the length of an episode of “The Apprentice.”

Has any major newspaper, prior to a President’s first State of the Union message, given prominence to such an unfair and disrespectful bit of hate-punditry? I doubt it very much.

2. ‘Where have you gone, Pres’dent Gerald Ford, our nation turns its lonely eyes to you…woowoowooThe only President to begin his State of the Union negatively was President Gerald Ford, in 1975: I must say to you that the state of the Union is not good.” He was right, and courageous, to do so, and President Trump would be right and courageous to do so now, though for different reasons. Ford was speaking of the economy, but economies get better. The State of the Union is also not good when it is being torn apart by hyper-partisan warfare, and both parties are attempting to increase the divisions among citizens while exploiting them. Of course, the current President, who has some useful skills Gerald Ford lacked, but not a flea’s nose’s portion of his character, would never dream of using his time in the national spotlight for anything less than an orgy of self-congratulation. Continue reading

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Well, I Guess There’s No Way Around It: Considering The President’s Fake News Awards

I don’t really care what the President says is fake news. What matters on Ethics Alarms is what I decide is fake news. His much ballyhooed list of fake news items ignore that many inexcusable examples that have nothing to do with him, like various stories designed to impugn conservatives and normal people because journalists think they are stupid, or intentionally misleading headlines, or when reporters sneak false characterizations into their “news stories” as facts, or publishing gossip as fact using anonymous sources,  or passing along falsity in the course of reporting a related matter, as in this instance, when NBC’s reporter said, “President Donald Trump returned to one of his most derogatory insults Friday, referring to Massachusetts Sen. Elizabeth Warren as “Pocahontas” — a jab at her Native American ancestry.” (Psst! NBC! Senator Warren has no Native American ancestry.)

However, Ethics Alarms is duty bound to assess the President’s “2017 Fake News Awards,” which he released last week.

No, I don’t believe he should be releasing such awards. It’s beneath the Office,  and he isn’t Seth Myers. (If there were a a fair, satirical comic who made any attempt at partisan balance, this would be a good gimmick for him or her. There isn’t. That’s another problem.) Here is the list, with comments from me:

#1. “The New York Times’ Paul Krugman claimed on the day of President Trump’s historic, landslide victory that the economy would never recover.”

Comment: Ugh. Signature significance for bad staff work and stupidity: the very first item isn’t fake news, wasn’t news at all, and didn’t even occur in 2017.  On election night in 2016, Krugman stated a prediction and an opinion, and made as ass out of himself. That’s certainly not news. So right off the bat, we know that the 2017 “Fake News Awards” are more about using these items as an excuse to trumpet Trump’s successes.Got it.

If I didn’t have to, that would be sufficient to make me stop reading, or caring.

#2. “ABC News’ Brian Ross CHOKES and sends markets in a downward spiral with false report.”

#3. CNN FALSELY reported that candidate Donald Trump and his son Donald J. Trump, Jr. had access to hacked documents from WikiLeaks.

Comment:  #2 and #3, both covered on ethics alarms, are the crown jewels of the fake news collection, among the  hundreds that shredded the mainstream media’s reputation for trustwortiness durin the year.  For the Whataboutists out there—and you know who you are!—these two alone destroy the “But Fox News was just as unfair to Obama!” baloney. In 8 years, no story broken by Fox were as unforgivable as Ross’s bombshell claim that Brian Ross went live on ABC last week and announced the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, that smoking gun that all “the resistance” had been searching for, dreaming about, wishing were out there. It triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect Trump who had made the request of Flynn, which is called “being President.”    Ross was suspended for four weeks without pay, and ABC said he wouldn’t be trusted to cover the President any more. This itself was outrageous: if he’s so biased that he can’t cover the President, Ross is too unprofessional to be a journalist at all, certainly at ABC News. (Maybe for the Hooten Holler Gazette.) So far, Ross has yet to resurface, though his exile was supposedly up.
Continue reading

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