deceit

Afternoon Ethics Round-Up, 2/12/2019: It’s Kamala Harris Day, Among Other Things…

/ Jack Marshall / 23 Comments

Howdy…

1. Without the decency to say, “Well, we didn’t find anything.”  From CNN: “After two years and 200 interviews, the Senate Intelligence Committee is approaching the end of its investigation into the 2016 election, having uncovered no direct evidence of a conspiracy between the Trump campaign and Russia, according to both Democrats and Republicans on the committee.”

The honorable, fair and honest thing for Senate Democrats (and Democrats generally) would be to state clearly and unequivocally that they found no evidence of “collusion,” and therefore were going to stop insinuating that collusion took place. But these are not honorable, fair and honest people, but people who are determined to undermine public trust in the President, elections, the government and democracy, because they would rather have power in a ruined, crippled government than not have power at all. Thus Committee co-chair, Sen. Mark Warner, D.-Va.,  told reporters, “I’m not going to get into any conclusions I have, [but] “there’s never been a campaign in American history … that people affiliated with the campaign had as many ties with Russia as the Trump campaign did.”  This ranks among the most weaselly statements in recent memory. “Ties” is a deceitful term wielded by the news media—by its definition I have ties to Russia. People “affiliated with the campaign” having business dealings with Russia or Russians, or communications with Russia, are not the same as the campaign having “ties” to Russia. Warner’s statement is, at its most trivial, sour grapes, and at its worst, a deliberate smear.

One Democratic Senate investigator told CNN (anonymously of course),”Donald Trump Jr. made clear in his messages that he was willing to accept help from the Russians. Trump publicly urged the Russians to find Clinton’s missing emails.” After all this, that’s the smoking gun? An obvious, off the cuff joke Trump made on the stump? “We were never going to find a contract signed in blood saying, ‘Hey Vlad, we’re going to collude,'” another Democratic aide sniffed. This is, of course, a dishonest version of Hillary’s “It wasn’t the best decision” (referring to her illegal decision to hijack official emails into a private server) rationalization. No, Hillary, not only wasn’t it the best decision, it was a terrible, suspicious, indefensible decision, and no, anonymous partisan hack, you were not only not going to find a contract signed in blood, you weren’t going to find any evidence of illicit, illegal, impeachable contacts at all.

The Democratic Party has allowed its defeat in 2016 to rot the party and its supporters to the core.

2. Baseball and lawyers! As I discussed here, Baseball’s Today’s Game Committee (formerly known as the Veterans Committee) elected OF/DH Harold Baines to the Hall of Fame in a decision that was not only logically indefensible, but obviously tainted by conflicts of interest and the appearance of impropriety, since associates and friends of Baines dominated the voting process. Now one of the pro-Baines voters, Hall of Fame manager Tony LaRussa (full disclosure: he works for the Red Sox now) has written an article  defending the decision. What is interesting about the article is that LaRussa, though few remember this, is trained as a lawyer, and his defense of picking Baines uses one legal advocacy device after another. Bill Baer, at NBC Sports, isn’t a lawyer, but he does an excellent job with his reply brief to LaRussa’s tortured and statistically deceitful arguments.

3. Let’s start a pool! Which of the gazillion Democrats running for President will commit the most verbal gaffes and require the rationalized defense, “Well he/she still doesn’t lie as much as Trump does!”? Obviously Joe Biden will be a popular choice for the title, as his foot is more or less positioned in his mouth up to the knee, but I think it will be a very competitive contest. For example (from Reason): Continue reading →

Saturday Ethics Warm-Up, 1/26/19: A “Who’s The Most Unethical?” Poll

/ Jack Marshall / 42 Comments

Good Morning!

Let’s play “Who’s the Most Unethical?” Today’s contestants…

1. About that missed call. In last weekend’s NFL play-off game won by the Rams over the Saints, the refs missed blatant pass interference that all agree should have been called, but wasn’t. Most also agree that the officiating botch probably cost New Orleans a title the team deserved to win, as well as a trip to the Super Bowl. Some fans are even suing the league, demanding that the game be replayed from the moment of the infraction. Of course, in the age of TV replays, there was no excuse for any of this. An official watching the game on video in a booth somewhere had to know there was interference, as did everyone watching the game in bars and living rooms around the nation. NFL rules, however, don’t permit reversals of calls on that particular kind of play, at least until Locking the Barn Door After The Horse Has Gone, NFL-style, kicks in after the season, and the rule is changed.

I’m always thrilled to see pro football embarrassed, especially when it has significance for baseball. All season long, in discussions among broadcasters, ex-players and sportswriters about whether Major League Baseball should computerize ball and strike calls as they easily can, I kept hearing the fatuous argument that human error was “part of the game.” The point is ridiculous, and thank you, NFL, for graphically illustrating why. In a sports competition, the team that has played the best and deserves to win after all the vicissitudes of the game—the bad bounces and lucky breaks—have taken their toll should triumph, and fans of the game should be able to trust that it will. For the wrong team to win because a non-player makes an error of omission or commission that is obvious to everyone cannot be tolerated by a sports organization with any respect for its sport or its followers. Allowing a championship to be wrongly decided because of an official’s error isn’t charming, it’s horrible. If it can be prevented, and it can, then it is unethical not to. Continue reading →

Ethics Dunce: New York Rep. Alexandria Ocasio-Cortez

/ Jack Marshall / 49 Comments

I anticipate a whole bushel of these awards in the next two years, since the young, callow, naive and broadly ignorant “new face of the Democratic Party” possesses the unfortunate combination of a non-stop mouth,  poor education, certitude of her own brilliance, a seal-clapping rookery of blindly fawning supporters who swoon at any of her doctrinaire pronouncements, and a Mainstream media that hasn’t yet figured out that publishing her every word is doing Ocasio-Cortez no favors.

This example could stand as a template for an Ethics Dunce- mandating performance. Showing that she has the back of her equally cocky and clueless colleague, freshman Congress woman Michigan Rep. Rashida Tlaib, lately infamous for gleefully crowing, “We’re going to impeach the motherfucker!” to a “resistance” crowd after she was sworn in, Ocasio-Cortez tweeted,

“Republican hypocrisy at its finest: saying that Trump admitting to sexual assault on tape is just ‘locker room talk,’ but scandalizing themselves into faux-outrage when my sis says a curse word in a bar. GOP lost entitlement to policing women’s behavior a long time ago. Next.”

This is both unethical and cretinous. Let us count the ways: Continue reading →

Unethical Website Of The Month: Once Again, Snopes Proves It Cannot, Should Not, And Must Not Be Trusted

/ Jack Marshall / 10 Comments

I definitively laid out how lazy, biased and deceptive Snopes is, here and elsewhere.  Yet Google and Facebook still rely on the fact-checking site. This is signature significance: it can only mean that these businesses want biased standards to rule the day. The Daily Caller just called out a typical example of Snopes’ unethical work. As with its spinning for Hillary Clinton that I flagged in 2016, this is egregious and irrefutable.

Here is a meme that has been circulating on the web:

It’s a lie, fake news, wrong, however you want to describe it. It’s just not true. The X’s are through some people who weren’t members of Congress. X’s also cover the faces of Jodey Arrington, Ron Estes, Liz Cheney, Michael Burgess, Patrick McHenry, Jason Smith, Bradley Byrne, Markwayne Mullin, Paul Mitchell, Glenn Grothman, Doug Lamborn, and Tim Walberg, all of whom were re-elected. There were other errors as well. Politico reporter Jake Sherman observed that the meme “is actually more incorrect than correct.”

In other words, a typical internet meme.

Nevertheless, Snopes fact-checker Bethania Palma ruled it accurate. To do so, she used Snopes favorite trick, falsely characterizing what the claim was. Palma rated it “true” that “The Congressional seats of almost three dozen Republicans who voted to repeal Obamacare were lost to Democrats in 2018” when the meme clearly said that everyone in the picture who was Xed voted for repeal and was voted out of office. Her claim is pure deceit. “In the meme, red ‘X’ marks were drawn through the faces of 33 lawmakers who purportedly were rejected by voters in the 6 November 2018 midterm elections,” Palma wrote. Wrong. They weren’t all “lawmakers,” and they weren’t all defeated. Continue reading →

Verizon Lies. (In My Opinion, Of Course)

/ Jack Marshall / 11 Comments

I think have mentioned here before the frustration of not having high-speed internet available where I live, in Alexandria, Virginia, ZIP 22305. unless I surrender to the horrors of Comcast, which I will not do. According to a source at Verizon, my carrier, the problem is that the City of Alexandria insists on what sound to me like kickbacks from the company in order to get approval to install the necessary hardware. There may be other reasons: I don’t care. I keep seeing Fios ads directed at my locality, and keep getting told that it is unavailable. This has significant business consequences for ProEthics and me. I would like to do have video commentary, and we don’t have the speed to upload one, to give just one example.

Yesterday, I received this email from Verizon:

Important service message for PRO ETHICS LTD: Fios is now available at your location.

There are service updates available for your business. Call us to find out about new service and product options.  We want to make sure you’re getting the right service and value for your business. So, we reviewed your  account and discovered that our latest product and service upgrades could help PRO ETHICS LTD increase
efficiency and productivity. Call us today-we’ll take you through the available service options and give you a Firm Price Quote.

Call your Rep at 888.704.7905 or schedule an appointment.

Sincerely,
Stephen E. Marinetto, Marketing Director, Verizon Business Markets

So informed, I called my “representative.” The results of my call? Continue reading →

Morning Ethics Warm-Up, 10/25/2018: Parlor Games! [UPDATED]

/ Jack Marshall / 32 Comments

Good Morning!

I know that’s a photo from last night’s Red Sox World Series victory, but thinking about this catch by Andrew Benintendi it has certainly brightened MY morning…

1  (Psst! Joe, you idiot: George Wallace was crippled for life by an attempted assassination.) Said Joe Biden at a political rally two days ago, “This president is more like George Wallace than George Washington!” Long before Trump came along, Joe told African Americans that Mitt Romney would but them back in chains. I know it’s unfair to focus on Simple Joe (or Hillary, or Maxine, or Elizabeth, or Nancy, or Keith…) to characterize Democrats, but according to polls, this guy is currently the party front-runner for the Presidential nomination. [Pointer: Ann Althouse, who rejoined, “Because he doesn’t own slaves?”] Joe really is a boob, but he makes for good parlor games. My favorite comments in the Althouse thread…

“He’s more like George Washington…they both got elected president.”

“Trump is more like Elizabeth Warren because they’re both not Indians.”

“Because he doesn’t own slaves?” No, because he worries about black unemployment. Washington never worried about that.

“Because Wallace was a Democrat, like Trump was his whole life until 15 minutes before he ran for president?”

2. Fake News. New York Times headline: “Pipe Bombs Sent to Hillary Clinton, Barack Obama and CNN Offices.”

How much more dishonest can a single headline be? There were no “pipe bombs,” but hoax bombs, and the hoax bomb sent to “CNN offices” was addressed to John Brennan. The headline deceitfully aims to suggest that the target was the news media.

3. I figured this out when I was 17 years old. A new book called The Personality Brokers: The Strange History of Myers-Briggs and the Birth of Personality Testing, by Merve Emre, (Doubleday, 336 pages, $27.95) explains that the iconic personality test is junk science. I first took the test in high school, when my parents paid a psychologist to advise me where to apply to college. He complained that the battery of tests I took had contradictory results. Yes, that would be because it was so obvious how to manipulate them, and also how insulting they were, since any fool could see the little pigeon holes the tests were trying to stuff you into. Essentially, the test was designed to create bias on the part of employers. Writes Reason,

“This book is a useful study of how a dubious idea can gain traction if it arrives at the right time.”

There’s another parlor game: which dubious ideas are gaining traction now, supported by junk science, junk research, or false assumptions? Continue reading →

Morning Ethics Warm-Up, 10/15/18: Overthrowing The Government, Replacing Umpires, and Fooling Some Of The People Who Never Did Their Science And Math Assignments [UPDATED!]

/ Jack Marshall / 100 Comments

Good morning…

1. Baseball Ethics: Again, Robocalls, please! Last night, Game #2 of the American League Championship Series between the 2017 World Champion Houston Astros and some team from Boston again showed why Major League Baseball must install automated ball and strike calls and automatic video review if the game is going to have any integrity at all. Regarding the latter, there was a play in which a Houston batter’s swing and miss for strike three was erroneously called a foul ball by the home plate umpire, and the replay claerly showed that the bat had missed any contact by inches. Nonetheless, the batter got another chance. He struck out (“no harm, no foul” literally) a second time, but that was just moral luck. If he had hit a home run, altering the game’s outcome, the system would have been changed with lightning speed: Ye Olde Barn Door Fallacy.

Regarding the constant missed call and strike calls that risk changing the outcome in every game, the previous game in the serious contained a classic example. In a close contest with the two runners on base and a 3-2 count, Red Sox batter Andrew Benintendi was called out on a pitch about six inches outside the strike zone. Instead of the inning continuing with the bases loaded and the AL season RBI leader, J.D. Martinez, coming to the plate, the inning was over. Listening to the ex-players like TBS color man Ron Darling babble excuses and rationalizations is almost as infuriating as the obviously wrong calls. “Well, the ball wasn’t too far off the plate” and “That pitch has been called a strike earlier tonight” and “The umpires have a difficult job”: Shut up, Ron. The strike zone is set by the rules; a ball is either a strike or it isn’t, so a call is either correct or it’s botched. Blatantly missed calls were “part of the game” in an earlier era when nothing could be done about them, but that’s not true now. Baseball is supposed to be determined by the skill and performance of the players, not by random, unpredictable mistakes by the bystanding officials. Can you imagine a criminal defendant sent to prison in a trial where the judge repeatedly allowed inadmissible evidence against him because he misinterpreted the law, and the appeals court shrugging and rejecting an appeal with a unanimous opinion that said, “Hey, mistakes happen! It’s part of the system’s tradition and charm!”

2. Run, Fauxahontas, Run!  Fake Native American Senator Elizabeth Warren (D-Mass) announced that she finally did have her DNA tested. No cheapie home test for this aspiring Cherokee: she had the DNA test performed  by Carlos D. Bustamante, a Stanford University professor (and Democrat) and expert in the field who won a 2010 MacArthur fellowship for his work on tracking population migration via DNA analysis.  He concluded that “the vast majority” of Warren’s ancestry is European, but he added that “the results strongly support the existence of an “unadmixed Native American ancestor,” and calculated that Warren’s pure Native American ancestor appears in her family tree “in the range of 6-10 generations ago.” That’s a big range: six generations would make her 1/32nd American Indian, but ten generations would make her 1/1024th Native American. Nothing in the test proves she has the Cherokee ancestry she claims.

UPDATE: Apparently the Globe reporters and editors are among the math-challenged. Mid-day, it issued a second correction:

“Due to a math error, a story about Elizabeth Warren misstated the ancestry percentage of a potential 6th to 10th generation relative. The generational range based on the ancestor that the report identified suggests she’s between 1/64th and 1/1,024th Native American,” the Globe explained.

This means Warren is somewhere between 0.09 and 1.5 percent Native American, not between .19 and 3.1 percent as originally claimed.

Continue reading →

Ignore The Spin: It Was Unethical For Michael Cohen To Secretly Record His Client, Donald Trump

/ Jack Marshall / 25 Comments

This morning the Washington Post tries to spin the clear ethics violation by Michael Cohen when he surreptitiously recorded his client, Donald Trump, when his client didn’t know or have any reason to suspect that such a recording was taking place. It was unethical. I have never spoken to a lawyer or ethics authority who didn’t believe such a recording would be unethical, at least until such an ethics breach was made against this particular betrayed client. Now, since the legal profession is one of many that have abandoned integrity and professional standards in the fever of anti-Trump madness, I’m sure several, maybe many, will change their tune. You know: they don’t want their friends to be angry with them.

Yes, Cohen’s taping was legal, because it occurred in New York, where only one party to a conversation has to know it is being taped. That is irrelevant to the ethics breach at issue. For a lawyer to tape a client secretly is always unethical. That’s my position, and I know of no persuasive argument against it. The Post article says that the matter isn’t clear cut. Oh yes it is.

Until 2001, there was little dispute that a lawyer was violating Rule 8.4, which pronounces it misconduct for a lawyer to engage in misrepresentation, dishonesty, fraud or deceit. Taping anyone secretly is misrepresentation. Does anyone want to dispute that? Try. If I am talking to you privately, and you do not tell me that I am being recorded, then you are representing to me that I am NOT being recorded, unless our previous conversations were recorded and I knew that. A few states just ducked the issue, and held that a lawyer could do what any other citizen could do in a state that made one party recordings legal. The American Bar Association, however, right through the 20th Century, held that it was per se unethical for a lawyer to surreptitiously tape anyone.

The absolutist position was an Ethics Incompleteness Principle accident just waiting to happen. In other words, there had to be exceptions, and since almost all states allowed District Attorneys to surreptitiously record suspected criminals without the threat of ethics sanctions, exceptions were already recognized. Thus, in 2001, the ABA revised its position with equivocal, muddled, Formal Opinion 01-422, “Electronic Recordings by Lawyers Without the Knowledge of All Participants,” which the ABA summarized this way:

A lawyer who electronically records a conversation without the knowledge of the other party or parties to the conversation does not necessarily violate the Model Rules. Formal Opinion 337 (1974) accordingly is withdrawn. A lawyer may not, however, record conversations in violation of the law in a jurisdiction that forbids such conduct without the consent of all parties, nor falsely represent that a conversation is not being recorded. The Committee is divided as to whether a lawyer may record a client-lawyer conversation without the knowledge of the client, but agrees that it is inadvisable to do so.

It does not “necessarily” violate the ethics rules because, the opinion explains (as various state opinions have as well), sometimes recording a third party serves the interests of justice, as when, for example, a client is trying to show domestic abuse, or when there is an allegation of illegal loan or housing discrimination. 01-422 wanders into Clintonesque rhetoric, however, when it states, Continue reading →

From “The Ends Justifies The Means” Files: Senator Feinstein’s Ugly Hybrid, And An Ethics Test For Democrats

/ Jack Marshall / 50 Comments

The test is simple: how unethical are Democrats willing to be, and how flagrantly, as they desperately try to derail President Trump’s nomination to fill the Supreme Court vacancy, when the right to fill such a vacancy is one of the President’s unquestioned powers, as long as his choice meets basic minimum qualification standards?

Based on the recent tweets from superannuated California Senator Feinstein, fighting for her professional life and apparently pandering to the extreme Left as a result, the answer is “Very unethical, unfortunately.”  The Senator tweeted,

“Two-thirds of Americans don’t want women’s access to reproductive health care restricted. President Trump’s SCOTUS nominee could do just that by overturning Roe v. Wade and setting off at least 20 states’ “trigger laws” restricting abortions.

and…

“Overturning Roe v. Wade would take us back to the days of women being severely injured and dying because they can’t get basic medical care. We’ve come too far to go back to those days.

These are both ugly hybrids designed with malign intent, kind of like the Indoraptor in “Jurassic Park II,” except the components of the vile mutation in this instance aren’t a T-Rex and a Velociraptor, but misrepresentation and fear-mongering.

1. President Trump’s (at this point) un-named nominee can’t “overturn” anything; only the full court can do that. He or see could  ride in the Kentucky Derby, I suppose. Any of Obama’s appointees “could” also “overturn” Roe, if enough Justices went along with them. In a case presenting that possibility. Of which there are none currently before the Court. And which may not get before the Court.

Ethics offense: Deliberately making the public more ignorant. And fear-mongering.

2. Feinstein is falsely using “reproductive health care” as a substitute for “abortion.” They are not the same thing.  I don’t know what polling results the Senator is referring to, but if it involved “reproductive health care,” it wasn’t about abortion specifically. Pew, which is the closest thing we have to a fair and non-partisan survey organization, found only 25% of the public wants abortion to be legal in all cases, which is what no restrictions on access to abortion means, assuming Feinstein’s ” “reproductive health care” is the deceptive code it appears to be. (If she really means “reproductive health care,” she’s nuts. Who has ever stated an opposition to “women’s access to reproductive health care”?)

Ethics offense: Dishonesty. Deceit. Obfuscation. Misuse of statistics to confuse rather than clarify.

And fear-mongering.

3. The second tweet is irresponsible and flat-out false. Overturning Roe-–in that yet to be identified future case that has gone through the lower courts and poses the issue in a way that a majority of the Court deems appropriate for review, with the result accomplished by the presumed vote of the unidentified Justice who, like the rest of the yet to be assembled Court majority, will determine the case without regard for the facts or established law, stare decisus or the outcome of oral arguments—would not do anything but return the determinations of policies regarding what restrictions, if any, will be placed on abortion to the states, and to the voters in those states, with the results very much in doubt.

Ethics offense: Deliberately making the public more ignorant. Dishonesty. Deceit. Obfuscation.

And fear-mongering.

No elected official who deliberately engages in dishonest tactics like this can or should be trusted by the public with power or influence. We should all keep close watch on how much lower abortion advocates are willing to go. For the ends do not justify the means, and politicians, parties, and party leaders who signal otherwise are a menace to democracy, no matter what the issue may be.

 

Ethics Dunce: The American Bar Association

/ Jack Marshall / 13 Comments

Res Ipsa Loquitur: The American Bar Association  Section on Civil Rights and Social Justice will bestow the prestigious Thurgood Marshall Award on former Obama U.S. Attorney General Eric Holder during the ABA Annual Meeting in Chicago on August 4. It has been obvious for a long time, but if anyone needed any further evidence that the ABA is now a full-fledged partisan left-wing organization masquerading as an objective professional association, this is it. Holder wasn’t just a bad AG, he was a political one in what is supposed to be a non-political office. He was also racialist, and obviously so, regularly coordinating with Al Sharpton and his followers, and constructing a Civil Rights division that adopted the position that only whites could engage in civil rights violations.

Holder should have disqualified himself from any professional awards, not to mention his high office in the Obama Administration, when he gave the green light to President  Clinton’s  infamous pardon of Democratic donor Marc Rich (aka. Clinton’s quid pro quo for his ex-wife’s  fat donation to his Presidential library). In fact, it was a defining moment, and having defined himself as a partisan lackey, Holder was exactly what President Obama wanted at Justice. Holder intervened in the Trayvon Martin case to signal it as a race-related crime in the absence of any evidence, and did likewise in the Michael Brown shooting, lighting the fuse of racial distrust and community anger at police. Then he called the United States a “nation of cowards” regarding race relations. The real coward was Holder, who used his race—he was the first black Attorney General—to shield himself from the accountability and criticism his mishandling of his office deserved.

Holder was held in contempt of Congress—and allowed the captive news media to call the action “racist”—after he withheld documents and key witnesses from oversight committees looking at several scandals in which his Justice Department was complicit. Notable among them was the “Fast and Furious” fiasco in which the government allowed Mexican drug gangs to get high-powered weapons, one of which ended up killing an American. Holder actively misled Congress in testimony under oath.ore than once.  He sought significant reductions in privacy and due process protections for citizens—civil rights? Hello, ABA?— and personally announced and supported Obama’s “kill list” policy, in which the President asserted the right to kill any U.S. citizen on his sole authority without a charge or due process.  Holder let his  department apply the controversial Espionage Act of 1917 to bring twice the number of such prosecutions under the Act that had occurred under all previous Attorneys General.  He led the Obama Administration in a campaign against government whistle-blowers. Holder championed warrantless surveillance (Civil rights? Hello?). Most damning of all given the title of his upcoming award, Holder was personally involved in targeting journalists for surveillance and  was the leader of an Obama administration attack on the news media that was condemned by many public interest and media groups. Holder’s Justice Department seized phone records for reporters and editors  at three Associated Press offices as well as its office in the House of Representatives. Under oath, Holder later claimed to know nothing about any of it.

Writes Prof. Jonathan Turley, who has written many searing articles documenting Holder’s disgraceful tenure at Justice,

“Holder’s “contributions” cost civil liberties dearly in this country. If the ABA is to give him this award, it could at least spare civil libertarians and journalists the reference to civil liberties.”

_______________

Note: You can read the various Ethics Alarms documentation of Holder unethical words and conduct here.

This one is probably my favorite, from 2014.