dishonesty

Morning Ethics Warm-Up, 1/14/18: Comfort Women, Presidential Health Lies, Pit Bulls And No “Goodbye Columbus”…Yet

/ Jack Marshall / 14 Comments

Good morning!

1 Attack of the Dog Bigots. The 2015 Ethics Alarms post designating an anti-pit bull breed website “Unethical Website of the Month” was once again targeted by dog breed bigots and has been getting the same, mindless comments from hysterics that it has been recieving since the post went up.  I don’t allow comment threads to be polluted by propaganda, so I have posted an update requiring any comments to be substantive and to make a genuine effort to address the inconvenient facts I have laid out here over time, facts that the dog bigots routinely deny or ignore, and facts that virtually all experts in the dog field have confirmed.

I recommend  scanning the comment thread, however, for a reason unrelated to dogs. The commenters in the mold of the one who recently wrote this—“But tomorrow, and every day after, when ANOTHER pit bull mauls ANOTHER person, the nutters will take a break from their busy schedule of rampant drug use and domestic violence to jump onto the comments section of the news article to defend these useless pieces of canine garbage.”—are perfect examples of 1) the reasoning of racists and 2) individuals who no longer process information that challenges their belief system, so they simply ignore it all, deny it all, and just keep mouthing their ignorant manifestos.

They are indistinguishable in this regard from the indignant women who have now for three months running come up to me during a break in a legal ethics seminar, recited their feminist cant  talking points objecting to my accurate explanation of legal ethics priorities when the clash with political correctness, and then turned their back on me and walked away when I attempted to address their points.

2. A Japanese Ethics Train Wreck. The Japanese army forced captured Korean women, many thousands of them, to be their sex slaves, or “comfort women.” This is documented fact, and it also launched an ethics train wreck of unusually long duration.  The long-held official position of the post war Japanese government that South Korea’s complaints about these war crimes were either exaggerated or imaginary—the equivalent would be if the German government denied the Holocaust, which it has not—has undermined relations between those countries to this day. There is no end in sight, as this report explains.

What a mess. Japan’s current Prime Minister,  Shinzo Abe, was once a Comfort Women Denier. In  2015, the South Korean president, Park Geun-hye, signed an agreement with Abe  as a “final and irreversible” settlement of the controversy, including an official Japanese government apology and an $8.8 million fund to help provide care for the now elderly ex-“comfort women.” The damages were judged inadequate by critics, and Park was later impeached. Now the current South Korean president wants the deal to be renegotiated. Abe, however, rejected  the “additional measures” sought by Seoul, saying that, in essence, a deal’s a deal. He’s on strong ethical ground there, except that the 8 million was ridiculously low,  and Japan’s acceptance of its responsibility for the sex slave outrage has always been grudging at best.  Continue reading →

A Popeye: I Just Can’t Let This Ridiculous Quote Pass…

/ Jack Marshall / 8 Comments

I could headline this as an Ethics Dunce, an Unethical Quote, a “Stop making me defend Donald Trump” or even a KABOOM!, but it’s really a Popeye. The upcoming statement by Matt Miller, previously a spokesperson for the Holder Justice Department, could be easily ignored—who the hell is Matt Miller?—except that it breaks my chutzpah meter, and more than that, is designed to be recirculated as an indignant talking point by Democrats who haven’t cracked a history book since they were 12, or who are just plain liars.

After the Justice Department announced that it was taking another look at Hilary Clinton’s shenanigans with her secret email server (and perhaps the Clinton Foundation), Miller told The Daily Beast (echoing Holder, who has made similar statements),

“The president’s ongoing campaign to tear down the wall between the Justice Department and the White House seems to be working.”

Wall between the White House and the Justice Department? If there had been such a “wall,” President Kennedy obliterated it in 1960 when he appointed his brother as  Attorney General while Bobby was also serving as JFK’s primary political advisor. Nixon’s Attorney General, John Mitchell, had been the director of Nixon’s 1968 presidential campaign, and was one of Nixon’s closest personal friends. Ronald Reagan’s second Attorney General was his longtime friend and political aide Ed Meese, who had previously served as Reagan’s Chief of Staff! Some wall! Continue reading →

Morning Ethics Warm-Up, 1/9/2018: Plan O, Bad Punditry, Racist Trash Talk, And Disrespecting a 101 Year Old Star

/ Jack Marshall / 31 Comments

Good morning, World!

1 Golden Globes hangover I. Following up on a point made in yesterday’s Golden Globes post, presenter Natalie Portman’s much-praised but unfair innuendo that the directors nominated in the “best director” category were there because of gender bias rather than the quality of their work was an example of shooting the bystander rather than the villain. The fact that women don’t get the opportunities to direct major films that men do–as a result of many factors, none of which relate to the relative directing abilities of the two pools–is not the fault of the male directors who get the jobs, nor does the fact of discrimination make the films that women do get to direct inherently better and more award-worthy than they are.

That said, the bias against female directors is real, and dumb. Here is an excellent article about it.

2. A Nation of Silly People. I warned that electing Donald Trump as President would eventually turn us into a Nation of Assholes, and that has come to pass with unexpected rapidity. I did not see the development resulting in the US becoming a nation of silly people, though that process was well underway already. The rush to anoint Oprah Winfrey as the savior of the Republic based on a speech at an entertainment awards show, however, is new evidence of the damage done to the nation’s values by the Trump trauma. Oprah is a cult, pop culture figure; a democracy deteriorating into a society where celebrities and cult leaders become political leaders was one of the fears expressed by our Founders. For the Left to embrace Oprah is stunning hypocrisy, after more than a year of (correctly) accusing Republicans of nominating a Presidential candidate with none of the qualifications traditionally required to be taken seriously as a contender for the office. Many unhealthy trends of long standing pointed to this eventuality,it is true: celebrity obsession, poor civic education, ignorance of history, and new age gibberish, plus the stunning absence of legitimate leaders in both political parties. Having followed O for a long time, since her days in Baltimore as a rising life-style reporter, I recognize a lot of warning signs regarding her ethical instincts, such as her addiction to talking about “personal truths,” which is just a sneaky way of endorsing “alternate facts,” her troubling anti-vaxx statements, her promotion of fake experts like Dr. Oz and Dr. Phil, her race-baiting, and more. There will be plenty of time to elaborate on these if and when her candidacy becomes more than a twinkle in E!’s eye. I doubt that we’ll get there, but as President Trump proved, you never know in the United States of America.

3. A “Nah, there’s no media bias against Trump” note: During the Golden Globes broadcast, NBC, that paragon of journalism integrity, tweeted this:

4. Fake news in irresponsible punditry.  I have been meaning to write about this op-ed by New York Times “contributing opinion writer” Kashana Cauley for more than a week now, and the task has seemed so odious that I have avoided it. It is as bad an op-ed as I have ever seen, full of false assertions, misrepresentations , rationalizations and racial hate. I wonder when the New York Times editors reached the point where they would regard such trash as fit to be published under its banner. Rather than dissect the ugly thing as I originally intended, I’ll let you do the work, with me just pointing out some, but far from all, of the features that make this such unethical op-ed page content. Continue reading →

Morning Ethics Warm-Up, 1/3/2018: Lists, Lust, Tweets and Twits…[UPDATED!]

/ Jack Marshall / 34 Comments

Good Morning, Ethics Lovers!

1 Fake news or just bad journalism? These year-end lists are sometimes very valuable. The Washington Examiner has published what it calls “our catalogue of the shoddiest political reporting beginning Jan. 20, 2017,” It’s no surprise that most of the items appear to spring from anti-Trump bias, but not all. I’m certain the list is not complete; I’m very certain that Fox News is treated far too leniently. It’s still a useful list.

This example from the list is the kind of misleading spin that Ethics Alarms will continue to label fake news: anti-Trump distortions designed to further a Democratic constituency’s false narrative. This one was generated by a reporter’s confirmation bias that the White House was hostile to LGBT citizens, then not checked, and given a pass by an editor who was also influenced by confirmation bias:

March 29: The Golden Easter Egg

The Claim: In a first for the White House, the eggs used for the annual Easter Egg Roll will be gold instead of the usual rainbow and pastel colors.

The Source: A New York Times reporter.

The Facts: This was not the first time that the White House has used golden eggs for the annual hunt. The Obamas had golden eggs as did previous administrations.

Hell, I knew about the golden eggs. It would have been easy to check, but the journalists leaped to the conclusion that would support anti-Trump fearmongering.

2. Add it to the list! Ann Althouse caught this one:

I’m reading “Trump’s claim that he prevented air-traffic deaths is his most questionable yet” by Philip Bump at the Washington Post (and similar attacks on Trump elsewhere). But what Trump tweeted was:

“Since taking office I have been very strict on Commercial Aviation. Good news – it was just reported that there were Zero deaths in 2017, the best and safest year on record!”

Those are 2 separate sentences. They do create the impression that they have something to do with each other, but he’s only claiming that he’s been “very strict on Commercial Aviation.” (Don’t get me started on the capitalization.) He never says because of my strictness there have been zero deaths. If you see a claim, you made an inference.

Bingo. And inferences should not be published in major newspapers as facts. Trump did not claim that he prevented air-traffic deaths, and even if he had, it certainly would not be “his most questionable yet.”

3. He just can’t help himself.  I wonder how many extra approval points President Trump would have if he just had a smart, savvy, responsible tweet editor with veto power. Stupid tweets like yesterday’s retort to “Rocket Man”…

“North Korean Leader Kim Jong Un just stated that the “Nuclear Button is on his desk at all times.” Will someone from his depleted and food starved regime please inform him that I too have a Nuclear Button, but it is a much bigger & more powerful one than his, and my Button works!”

…are nothing but destructive. a) This kind of flippant talk involving nuclear war is per se irresponsible. b) It reinforces fears that the President is reckless and untrustworthy. c) It is childish, and reduces international diplomacy to playground taunts. d) It shows a flat learning curve and a frightening lack of discipline and judgement. e) It’s crude, and unpresidential.

But you knew that without me having to explain it, right? So why didn’t he?

Continue reading →

So…Carl Bernstein Really Thinks President Trump Is Innocent Of Collusion With Russia After Telling Us For A Year That He Is Guilty. Nice.

/ Jack Marshall / 29 Comments

A bad month for Carl Bernstein: first the film Bernstein, Dustin Hoffman, is revealed as a sexual predator, and now the real one is revealed as a lying partisan hack.

Brava to Ann Althouse for catching this.

I’ll let Ann describe her own scoop…

I was stunned by this amazing slip this morning on CNN’s “State of the Union.” The moderator Dana Bash had this question:WOODWARD: You have to look at the crimes.

[T]he investigation has been going on for over a year, at least in the Justice Department, the FBI. We still don’t know about any evidence that the president knowingly colluded with Russia. Does that give the president’s claim that this is a witch-hunt some credence?

Bernstein’s answer:

“He believes it’s a witch-hunt. There’s no question he believes it’s a witch-hunt.”

What?! The only way that Bernstein can make those assertions about what Trump believes is if Bernstein is sure Trump is not lying. Trump knows what he did with respect to Russia, but he’s saying it’s a witch-hunt. Trump’s saying that it’s a witch-hunt could happen if: 1. He knows there’s nothing there (i.e., Mueller is searching for for something, like a witch, that doesn’t exist), or 2. He’s worried about something that he did and he wants to hide it. Bernstein’s remark excludes #2. But Bernstein doesn’t have access to the inside of Trump’s head, so why did Bernstein say that? I’d say Bernstein, on his own, knows that there’s nothing there, and he blurted out an answer without thinking about what he was saying about what’s in his own head.

Continue reading →

From The Ethics Alarms “Deceit Is Lying, And Stop Saying It’s Not!” Files: Baseball Commissioner Rob Manfred Is An Ethics Dunce, So Is Craig Calcaterra, And Since They Are Both Lawyers, They Should Know Better

/ Jack Marshall / 12 Comments

My goals are modest. Before I die, I would like to be able to say that my cyber-output on ethics accomplished a few basic things. One of them is a greater public understanding that deceitful statements—you know, like “I did not have sex with that woman,” or my recent favorite, knife-murderer O.J. Simpson saying  at his parole hearing, “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”—are lies. Not “technically true,” not “lawyerly phrasing,” but lies. Yesterday one lawyer who should know better incorrectly told his readers than another lawyer who engaged in deceit wasn’t lying. I’m sick of this.

I’m sure most of you don’t know or care, but the sad Miami Marlins, the National League baseball team recently taken over by a group headed by former Yankee shortstop Derek Jeter, has been selling and trading off its best players to pare expenses to the bone. This is a long-term strategy called “tanking,” in which a team rebuilds by playing horribly and getting high draft choices for a few years, eventually building up a young, cheap talent base of a winning team. A team’s fans tend to despise this approach, and Marlins fans more than most, since this is the third mass sell-off in the team’s short and ugly history.

MLB commissioner Rob Manfred appeared on Dan LeBatard’s ESPN radio show yesterday to discuss the most recent recent Miami fire sale.  LeBatard asked Manfred directly if he was “aware of Jeter’s plan to trade players and slash payroll.” Manfred ducked and weaved, and said, “We do not approve operating decisions by ownership, new ownership, current owners or not, and as a result the answer to that question is no.”

LeBatard called  this a lie, responding, “You can’t tell me you’re not aware of this…were you aware of this?”  Manfred then said, “No, we did not have player-specific plans from the Miami Marlins or any other team . . .” He also said that the league did not see a payroll plan from the Marlins “until two days ago.”

Yet  the Miami Herald reported after the interview:

A source directly involved in the Marlins sales process, after hearing the Le Batard interview, said, via text: “Commissioner said was not aware of [Jeter] plan to slash payroll. Absolutely not true. They request and receive the operating plan from all bidders. Project Wolverine [the name for Jeter’s plan] called on his group to reduce payroll to $85 million. This was vetted and approved by MLB prior to approval by MLB. Every [Jeter] investor and non investor has the Wolverine financial plan of slashing payroll to $85 million. Widely circulated.”

Here NBC baseball blogger Craig Calcaterra, formerly a practicing attorney, and thus accorded some credibility on such topics, wrote, Continue reading →

Compassion! Crime! Betrayal! Law vs. Ethics! Illegal Aliens! Christmas Spirit! The Golden Rule! Five Golden Rings! (Okay, Only Three Rings, And One Was Junk, But Still…) The ‘Awwwww Factor’! Could This Be “The Greatest Ethics Quiz Ever Asked”?

/ Jack Marshall / 27 Comments

[Special thanks to my friend (and the inventor of The Three Circles) lawyer/legal ethicist John May for alerting Ethics Alarms to this one.]

Sandra Mendez Ortega, a 19-year-old maid, stole three rings worth at least $5,000 from a house she was cleaning in Fairfax City, Virginia. Lisa Copeland, the client of the cleaning service, discovered her engagement and wedding rings were missing from the container where they were usually kept. The two rings were appraised at $5,000 in 1996, and a third less valuable ring was taken along with them. Fairfax City police  interviewed the three women who had cleaned the home, and they all denied seeing the rings, much less stealing them. Ortega, however, subsequently had second thoughts, and confessed to the theft. She told her boss that she had the rings and turned them over to him. He contacted the police,   Mendez Ortega confessed to them as well, saying she returned the rings after learning they were valuable. (Thus she only took them because she thought they weren’t valuable. Okaayyyy…) The police told her to write an apology letter to Copeland, in Spanish, in which she said in part, “Sorry for grabbing the rings. I don’t know what happened. I want you to forgive me.”

(I’m sorry, but I have to break in periodically so my head won’t explode. ” I don’t know what happened?” She knows what happened! She stole the rings because she thought she could get away with it.)

Copeland says she has never seen that letter, and that Mendez Ortega has never apologized to her in person. The maid was charged with felony grand larceny. At the trial, the jury found her guilty. (If she had confessed and was remorseful, why did she plead not guilty?)

But we are told that they felt sympathy for the defendant, who was pregnant with her second child, during the sentencing phase. “The general sentiment was she was a victim, too,” the jury foreman, Jeffery Memmott, told the Washington Post. “Two of the [female jurors] were crying because of how bad they felt.”  Although the  jurors convicted the maid of the felony, they agreed among themselves that it was just a “dumb, youthful mistake.” So they decided that her punishment would be only be her fee for cleaning the house the day of the theft, $60. Then they took up a collection and raised the money to pay the fine, plus and extra $20.

(Yes, she made money on the transaction. Crime pays.) Continue reading →

From The Ethics Alarms “Stop Making Me Defend Sarah Huckabee Sanders!” Files: “The Advocate” Lies About The Masterpiece Cakeshop Case

/ Jack Marshall / 14 Comments

 

Wouldn’t it be wonderful if activists had integrity? Unfortunately, most of them don’t, and I only say “most” because I haven’t checked all of them. Virtually all that I have checked spin, distort facts, and lie outright, because the ends justify the means to them, and they, of course, are Right. It’s the Saint’s Excuse. Lies that advance the cause are benign.

The latest disgraceful example of wilful deception in support of a passionately felt cause came from the LGBT publication “The Advocate,” as well as many Democratic and progressive news sources. They all chose to deliberately misrepresent what the President’s spokesperson said about his position was on The Great Cake Controversy…all the better to rev up hate and fear among their readers. You see a typical example in the label to the video above. “Sarah Sanders: Trump OK with businesses hanging anti-gay signs.” She did not say that. The video proves she did not say that. She was asked if the President agreed with the Solicitor General in his oral argument before the Supreme Court in the Masterpiece Cakeshop case when he said that it would be lawful and possible for a baker to hang a sign saying, “We don’t bake cakes for gay weddings.” She said yes. Of course yes. The government’s case is that a baker should not be forced to “participate/endorse” a ceremony that his religion declares morally wrong, and thus is not discriminating by refusing to make cakes for same sex weddings, as long as the baker does not generally discriminate in providing service on the basis of sexual orientation. If the Court agrees, then a baker such as the owner of Masterpiece Cakeshop can legally follow the dictates of his faith and not make same- sex wedding cakes, and if he isn’t selling them, he not only could but should inform potential same-sex couples of that fact.

This is not, by any fair assessment, an “antigay sign.” It makes no antigay assertions at all. The statement is false. Unequivocally, intentionally false. Continue reading →

Harvey, Lena And Hillary

/ Jack Marshall / 24 Comments

Now that Hillary has become an embarrassment to the Democratic Party, the Times is practicing journalism again when the truth is ugly.

From yesterday’s New York Times follow-up on its initial Harvey Weinstein report documenting how his sexula predator ways were enabled and facilitated by  Hollywood stars, agents, prominent feminists and progressives and former victims, as Weinstein’s abuse and crimes continued:

Mr. Weinstein was a fund-raiser and informal adviser during Mrs. Clinton’s 2000 Senate campaign, a guest in her hotel suite when she won and a host of an A-list victory party. He was an early backer of both her presidential bids.

Mr. Weinstein’s political activity — he provided consistent support for Mr. Obama as well — boosted his image as a man with friends in high places and close ties to the country’s leading female politician. It is not clear if rumors of his record of sexual misconduct had ever reached them.

But two prominent women said they warned Mrs. Clinton’s team. In 2016, Lena Dunham, the writer and actress, said she was troubled by the producer’s visible presence during Mrs. Clinton’s presidential run, hosting fund-raisers and appearing at campaign events. She had heard stories, both directly and secondhand from other actresses, about disturbing encounters with him, she said. So in March last year, Ms. Dunham, a vocal Clinton supporter, said she warned the campaign.

 “I just want you to let you know that Harvey’s a rapist and this is going to come out at some point,” Ms. Dunham said she told Kristina Schake, the campaign’s deputy communications director. She recalled adding, “I think it’s a really bad idea for him to host fund-raisers and be involved because it’s an open secret in Hollywood that he has a problem with sexual assault.”

Then, the “Girls” creator told the paper, she tried  one more time: 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 →