deceit

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

/ Jack Marshall / 22 Comments

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading →

Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

/ Jack Marshall / 68 Comments

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading →

Paul Krugman, The Anti-Haidt

/ Jack Marshall / 24 Comments

I don’t bother with New York Times op-ed columnist Paul Krugman here, for the most part. He constantly discredits himself by intentionally misleading his gullible readers, hiding the ball, engaging in deceit as an advocacy tool, over-stating and hyping and generally bolstering his progressive opinions with a nauseating combination of intellectual dishonesty, hypocrisy and condescension. I have no patience with such columnists, or any publication that inflicts them on its readers.

A parallel in the sportswriting field is the much lionized Thomas Boswell, a Pulitzer Prize-winning columnist who writes for the Washington Post. Boswell has written several books, and is regarded by many as a deep thinker about baseball. (My wife and I once were friends with a couple that socialized with the Boswells, and invited us to join the four of them for an evening. I told them that I could not stomach being in the same room with the guy.)  Many years ago, Boswell was writing about the individual talents of the Boston Red Sox, a topic I know at least as much about as he does. In assessing then-Sox catcher Jason Varitek, Boswell noted that “Tek” led the league in passed balls, leaving the impression that this demonstrated a serious flaw in his catching abilities. But I knew, and more importantly Boswell knew, that the Red Sox  had a regular rotation starting pitcher, Tim Wakefield, who was a knuckleballer, and was the only starting pitcher in the league who threw that confounding pitch.  If a catcher regularly catches a knuckleball pitcher, he leads the league in passed balls, usually by a large margin. Always. It has nothing to do with how good a catcher he is, and Varitek was a very good catcher. Yet Boswell deliberately cited the statistic without explaining to his readers what it meant in Vartitek’s case. He did this because he was trying to argue that Boston had defensive problems. This is unethical advocacy, and unethical journalism.

After that, I only read Boswell’s columns to document his dishonesty. I was never disappointed. He’s a cheat, relying on the ignorance of his audience to deceive them.

Paul Krugman is like that. After I posted the quote from Jonathan Haidt’s speech in which the professor perfectly described the ideology-driven betrayal of the culture and our democracy by institutions of higher education, I recalled a recent Krugman piece in the Times that I had instantly dismissed as classic deceit. One passage was literally the anti-matter version of Haidt’s hard truth regarding the rot in our colleges, a deliberate lie that denied the existence of the problem in order to further Krugman’s perpetual attack on Republicans and conservatives.

Behold: Continue reading →

Unethical Political Cartoon Of The Month: Barry Deutsch

/ Jack Marshall / 24 Comments

 

To be fair, the Justice wasn’t much of a cartoonist…

In today’s warm-up, I briefly discussed the acquittal earlier this moth of NYPD officer Wayne Isaacs in the shooting an unarmed black motorist.  It was a weird case. Isaacs was off duty, and prompted a driver to apparent road rage by cutting him off in traffic. The motorist, according to Isaacs, walked up to his car and  struck him, and fearing that his assailant was armed, the officer drew his pistol and fired.

I don’t know if it was a coincidence or by design, but on the day of the acquittal progressive cartoonist Barry Deutsch, who once did battle (and well) at Ethics Alarms, posted this cartoon at his blog:

In the same post, he also called the late Justice Rehnquist a racist, which he was not, and made the demonstrably false statement that most police shootings involve blacks, but never mind that.

You have to really detest police and the principle of guilt beyond a reasonable doubt to regard such a cartoon as fair or enlightening. (Ethics Alarms is on record as declaring political cartoons an inherently unethical form of punditry.) No cop has been acquitted of shooting an unarmed  9-year-old kid in self-defense, and the cartoon is factually wrong that such a claim by a police officer would get him acquitted. Moreover, the case Barry is apparently referring to, Graham v. Connor, does not involve a shooting, and Rehnquist’s opinion for the majority doesn’t say what the cartoon says it does. In addition, the opinion in the case primarily relied upon by the majority in Graham, Tennessee v. Garner,  wasn’t written by the Rehnquist, but by Justice Byron White. It also specifically involved police shooting at fleeing suspects.

Thus the cartoonist a) doesn’t know what he’s talking about b) misleads his readers ( the blog is an echo chamber if there ever was one), and c) smears Justice Rehnquist. Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Morning Ethics Warm-Up, 9/21/2017: Climate Change Deceit, Jimmy Kimmel, Trump’s Golf Ball Attack, Stephen King, And How to Cover The Left’s Epic Freak-Out

/ Jack Marshall / 57 Comments

GOOD MORNING!

(he shouted…)

1 When I wrote today’s early morning post about the Sherwin-Williams controversy, with a “hit the ball into the paint can” promotion going horrible wrong thanks to fake news and lying sports reporters, I wanted to use a famous old cartoon based on a sign that hung in the outfield in old Ebbets Field, where the Brooklyn Dodgers used to play. I couldn’t find it online, perhaps because it was 4 am. I just did, however…

2.  For some time, now, as the Left has commenced its nervous breakdown following Trump’s election, I have faced a daily dilemma. The ethics breaches, in civility, in journalism, in politics, have been so over-weighted to one side of the political spectrum that to cover issues based on importance and degree of ethics madness automatically makes Ethics Alarms seem partisan. I resent it, to be honest. The counterbalance is, of course, the President himself, but his brand of unethical conduct hasn’t changed since the campaign, though the Trump-haters never tire of freaking out over the same stuff. For example, after the infamous wrestling tweet about CNN, how nuts can you go when Trump posts a gag video showing him hitting Hillary in the head with a golf ball? Yes, it’s childish, yes, its unpresidential, yes, it shows lack of self-restraint, yes, it’s stupid. But I know and you know, and certainly his haters know, that Trump is childish, unpresidential, lacks  self-restraint, and is stupid. I’ve written too much about it already.

He is not, however, getting worse. Democrats, progressives and “the resistance” are getting worse, as they become more desperate in their derangement. I’m seeing things I didn’t believe possible, like serial child abuser Jimmy Kimmel being held up by the news media as the moral center of the Democratic Party. Jimmy Kimmel is nothing. He is a smug high school grad who has never done anything but perform, often disgustingly, as when he was host of the too-vulgar-to-be-believed “Man Show” on Comedy Central.

He’s never run a business; he’s never studied public policy. He’s a comedian whose signature act is egging on parents to make their kids cry and take videos of them. Ah, but he’ll give Hillary Clinton a forum to deliver her shadow UN speech, and pimp for Obamacare, so that makes him a policy expert. Incredible. Incredible, the depths to which progressives have fallen.

An immature, inexperienced, impulsive President, rather than being opposed, as he should be, by a professional, honest, respectable and responsible opposition party, has instead mutated the liberal establishment into as revolting a presence as he is. This is catastrophic for our politics, our culture, and our society, and that’s why Ethics Alarms devotes so much space to it.

3. Ann Althouse has the sharpest hypocrisy detector around, and she nailed horror novelist Stephen King (I like his novels, some of his movies, and he is a big Red Sox fan) for sending this anti-Trump tweet:’

Trump thinks hitting a woman with a golf ball and knocking her down is funny. Myself, I think it indicates a severely fucked-up mind.

She writes in part, Continue reading →

Ethics Dunce: Federal Judge Gary Feinerman

/ Jack Marshall / 34 Comments

(I am going to eschew cheese jokes in this post, and I expect some credit for it.)

We recently learned that grated parmesan cheese often contains  cellulose powder.  This icky fact spawned dozens of lawsuits against Kraft, Heinz, Walmart, Target, Albertsons, Publix, and others, alleging consumer fraud by selling products with labels claiming that the contents were “100% grated parmesan cheese,” or words to that effect.

Since the  lawsuits all made the same claims, they were consolidated into one multi-district litigation overseen by a federal judge Gary Feinerman in Illinois. Judge Feinerman dismissed the litigation last week, ruling that “100% grated parmesan cheese” is an ambiguous statement that is open to multiple interpretations.

Judge Feinerman doesn’t understand deceit.

“Although ‘100% grated parmesan cheese’ might be interpreted as saying that the product is 100% cheese and nothing else, it also might be an assertion that 100% of the cheese is parmesan cheese, or that the parmesan cheese is 100% grated,”he wrote in his ruling. “Reasonable consumers would thus need more information before concluding that the labels promised only cheese and nothing more, and they would know exactly where to look to investigate — the ingredient list. Doing so would inform them that the product contained non-cheese ingredients.”

Each of the products involved, the judge noted, listed cellulose and the other ingredients on the label, along with the fact that the cellulose is added ‘to prevent caking.’”

“100% Grated Parmesan Cheese” might also mean “I did not have sex with that woman,” I guess. The companies didn’t put that legend on the packages to let consumers know that the cheese is “100% grated.” They put it there to mislead consumers, and try to ensure that they didn’t read that there were wood chips in their cheese. This is classic deceit, and the judge is letting companies get away with it.

The judge smugly asserts that a reasonable consumer would know that pure cheese is not shelf-stable at room temperature and couldn’t sit in sealed packaging in a grocery store for long periods of time. “Cheese is a dairy product, after all, and reasonable consumers are well aware that pure dairy products spoil, grow blue, green, or black fuzz, or otherwise become inedible if left refrigerated for an extended period of time,” he writes, and thus “would still suspect that something other than cheese might be in the container, and so would turn it around, enabling them to learn the truth from a quick skim of the ingredient label.”

Except that the labeling was designed to hide the truth, mislead buyers, and gull them into believing that it was “100% grated parmesan cheese,” like  the package said.

The judge is coming perilously closed to the old, discredited “let the buyer beware” standard that opened the door for outrageous and often dangerous consumer fraud.  I guess the judge is saying I’m an idiot: when I saw a label that said “100% grated parmesan cheese,” I didn’t assume that it mean “8% other crap.”  I assumed that it meant “100% grated parmesan cheese.”

I always wondered how that Kraft box stayed in my mother’s cupboard so long, though. But my mom also kept catsup, mustard and other condiments for decades.

We used to get sick a lot, now that I think about it…

The ruling isn’t a breach of judicial ethics, just a bad ruling that encourages deception by excusing deceit.

A Masterpiece! O.J. Simpson Delivers The Most Deceitful Statement Ever!

/ Jack Marshall / 16 Comments

“I’m in no danger to pull a gun on anybody. I’ve never been accused of it. Nobody has ever accused me of pulling any weapon on them.”

….said O.J. Simpson at his parole hearing.

Brilliant! One simply cannot make a more deceitful statement–literally true,  designed to deceive, leading listeners to a false conclusion if they don’t parse the words with care.

Yes, this surpasses Bill Clinton’s deceit classic, “I did not have sexual relations with that woman.”  (Oral sex isn’t “sexual relations” in Bill’s view, so he wasn’t lying. Right.) Bill only was deceiving in one respect. O.J. pulls a hat trick:

1. “I’m in no danger to pull a gun on anybody.”

True! The Juice’s weapons of choice are big knives.

2. “I’ve never been accused of it.”

Also true. O.J. has been accused of murder, but not of pulling guns on people.

3. “Nobody has ever accused me of pulling any weapon on them.”

That’s indisputable fact. Nicole and Ron could and would have accused him of pulling a knife on them, if they had survived the attack.

More Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 88 Comments

It’s all this guy’s fault…

I have read the initial comments on the original post-–which I interrupted my viewing of a Red Sox game to write, just so you know how dedicated I am—had some additional thoughts and processed some new data. Here are some more observations:

1. The New York Times biased reporting is even worse than I thought. Today’s print edition has a “Saturday Night Massacre” size headline screaming:

TRUMP FIRES COMEY AMID RUSSIA INQUIRY

This is deceit, and, as I noted before, yellow journalism. It is technically accurate, but misleading and false anyway. Trump also fired Comey in May,  “amid” the North Korea crisis, and while the Orioles were playing the Nationals. There is absolutely no evidence whatsoever that Comey’s firing had anything to do with the Russia investigation except this: Comey thoroughly botched the last major investigation the FBI was engaged in.

The Times goes further, adding another above the fold story headlined, “The President Lands a Punch, and Many Hear Echoes of Watergate.” Ah, the old “many say/many hear/many think” ploy—an unethical journalism classic. Let’s seed the unfair suspicion without taking responsibility for it! Hey, we didn’t say we thought that, just that others do!

2. Many have noted that President Hillary would have fired Comey within seconds of taking office, or as close to that as possible. This is doubtlessly true. It is also true that Republicans would probably be attacking her with as much fury and blatant hypocrisy as Democrats are attacking the firing now.

But doing something unethical in an alternate universe is still not as damning is doing it in this one.

3. I have been working on a “100 Days” overview of the ethics score since President Trump took office. In general, it is both remarkable and disturbing how closely the President’s actual performance tracks with my expectations, as explained over the last two years. One aspect of this mostly negative assessment that is undeniably positive, however is that President Trump, unlike his predecessor, does not fear making decisions, and makes them despite the amount of criticism he knows will be coming, especially from the news media. (The previous President knew that he had nothing to fear from the news media, since it was invested in making him seem successful and wise even when he wasn’t.)

The firing of Comey is a perfect example, as was the decision to enforce, belatedly, Obama’s “red line” in Syria.

4. Nowhere near enough focus has landed on Rod Rosenstein (left) , the  deputy attorney general who was only confirmed a couple of weeks ago ( April 25, 2017). Rosenstein is an impressive lawyer with a long, distinguished  record in both Democratic and Republican administrations, and authored  the  “Memorandum to the Attorney General” on the subject of “Restoring Public Confidence in the FBI.” This articulates the best reasons for firing Comey, and any critic who argues that it made sense to keep him on is tasked with rebutting Rosenstein’s brief. Good luck with that.
Continue reading →

A Facebook Case Study In How People Cripple Their Ability, And Ours, To Make Ethical Distinctions

/ Jack Marshall / 40 Comments

I inadvertently stumbled over a provocative Facebook post by a friend of a friend of a friend. My friend is a principled and intelligent liberal: apparently I stumbled on to a chain where each link was a little more detached from reality and reason.

The stranger’s post involved the story from two weeks ago, in the aftermath of the collapse of a crucial  highway bridge in Atlanta. Investigators found the the collapse was caused by a fire.There were no deaths or injuries caused by the fire and the explosion it sparked , but i  severed the vital roadway that runs north-south through downtown Atlanta and carries 250,000 vehicles daily, City Fire Department investigators arrested three homeless people on suspicion of involvement in the fire. Eventually only one was charged:  Basil Eleby, a homeless man, was arraigned on charges of first-degree arson and criminal damage to property. He had many previous drug and assault arrests, according to Fulton County jail records.

To this my friend’s friend’s friend—his name doesn’t matter—responded,

Three people are now under arrest for the fire that led to the freeway collapse in Atlanta – 3 homeless people. I predicted this. But rather than seek out revenge on these 3 for the tremendous inconvenience they’ve caused, can we take a moment to realize that no person reading this has ever known the reality of sleeping under a bridge. None of us have been compelled to light a fire under that same bridge in order to keep our bodies warm.

And can we please have a conversation about funding mental health for the homeless? And can we please have a conversation, not based in shame, not based in revenge, about getting homeless people off the street?

Yes, these 3 folks have done something that has inconvenienced many people. Lighting that fire is something they have probably done countless times before. Can we take this as an opportunity to deal with the real problem? It gives me no satisfaction that the person charged with the worst of this situation will have his homelessness solved by a jail sentence.

Now, I’m sure this individual is a really kind, compassionate individual. I’m also sure he’s the kind of person who is always saying things like “Why is anyone going hungry in the richest country in the world?” to the vigorous head-nodding of his friends, and his friends’ friends. (I am willing to bet money that he was a passionate Bernie Sanders supporter; probably Occupy Wall Street too.) This kind of statement, however, is policy and ethics static. It literally makes people stupid, and leads them away from useful, objective, dispassionate analysis, not towards it.  It is an irresponsible Facebook post.

Of course, it is also flagrant virtue-signalling and grandstanding. Now everyone knows that this guy is oh so compassionate and such a good Christian, who rejects revenge, and wants us to apply the Golden Rule to the poor and the weak. Applause, please. Yes, you’re a wonderful human being. Unfortunately, thinking like this impedes policy solutions to problems, by simplifying them and dumbing them down into their most emotionally distracting components, while pretending that hard truths don’t exist. Continue reading →