Arrgh! They Made Me Defend Sean Spicer!

Yes, he’s an idiot. Still...

The latest Sean Spicer controversy was so, so stupid that I swore—swore I tell you!—that I would not lower myself to write about it.

The Trump Administration spokesman, making the dumb assertion that Assad is even worse than Hitler because Hitler “didn’t even sink to using chemical weapons,” was absurdly—gleefully?— attacked as a Holocaust denier.ThnkProgress, which I am going to have to place on my “never trust these hacks” list, wrote that Spicer “argued that the Nazis never used chemical weapons during the Holocaust,” which is a lie, flat out. Spicer didn’t mention the Holocaust at all. Then The Anne Frank Center for Mutual Respect released a statement saying,

“On Passover no less, Sean Spicer has engaged in Holocaust denial, the most offensive form of fake news imaginable, by denying Hitler gassed millions of Jews to death.”

This is perhaps not quite a lie, since the combination of confirmation bias and paranoia could make this organization see Holocaust denial behind every rock, but it is no less ridiculous, inflammatory and unfair. Then some of my 2016 election-deranged friends—I now picture them wrapped in tin foil, wearing Groucho glasses and spreading DDT around as they sit cross-legged in a teepee with a flaming penguin on their heads—began citing the Anne Frank Center slander with approval, and garnishing likes from a lot of people who I usually like and who once had brains larger than marbles.

So now I have to defend Sean Spicer. Yecchh.

Observations:

1. Everyone is calling for Trump to fire Spicer. Of course he should fire Spicer. He should have fired Spicer  months ago. Sean Spicer is incompetent, bumbling, inarticulate and gaffe prone. He is even more incompetent, bumbling, inarticulate and gaffe prone than Robert Gibbs, who was the most incompetent, bumbling, inarticulate and gaffe prone press secretary I ever had the pain of watching. (Obama’s subsequent press secretaries were just liars.). Spicer is much worse than Gibbs, though he doesn’t say uh-uh-un-um-um-um as much. I wish he would: they would be an improvement over what he does say. Spicer looks stupid and sounds stupid, so he represents the President and his entire administration as stupid WHICH THEY MIGHT BE, but his job is to place both in the best light possible. He does the opposite. This Hitler botch was just the most recent example.

2. Trump promised to appoint and hire “the best people,” so having one of the worst people imaginable representing his Presidency to the news media and the public leaves “incompetent” in the dust as “suicidal” takes over. This is especially true since the President knows that the news media is actively hostile to his leadership and is actively allied with the Democrats to bring him down and cancel out that damned election by any means possible. Trump’s situation screams out for a spokesman with the credibility, suave and wit of the late Tony Snow or the fierce intellect and articulateness of the very much alive Laura Ingraham. The fact that Trump can’t see that, and that his advisors haven’t threatened to walk out and join an anti-Trump rally if he refused to fire this clod and send him back to the Budget car rental desk or wherever he came from is really ominous. If “best people” means people like Spicer…well, I don’t like to think about it. And if the “You’re fired!” executive won’t fire someone who performs as horribly as him, who will he fire?

3. The Hitler statement was, no question, idiotic. At best, it was the most egregiously warped use of Rationalization # 32. The Unethical Role Model imaginable: Spicer was really saying, “why couldn’t Assad be more like Hitler?”! At worst, it  was like walking into the buzz-saw of the Trump-hate narrative that the President and his team are virtual Nazis and secret anti-Semites. It was so dumb that the fact that Spicer didn’t physically try to stuff the words back into his mouth as they started coming out is signature significance that the man belongs in a home. Continue reading

More Ethics Observations On The United Flight 3411 Ethics Train Wreck

Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.

Observation 1.

This was all due to moral luck

If  four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.

Good.

Observation II

NOW passengers are informed.

Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:

When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….

When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.

Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
  • If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.

Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading

The United Ethics Train/Plane Wreck Sails On: A New, Worthless Apology, Ann Althouse Buys A Ticket, And More!

[ And yes, it is worth the attention it’s getting on an ethics blog. Greater ethical lessons and enlightenment can arise out of a transaction at a lemonade stand than in nuclear disarmament talks; this basic, establishing principle of Ethics Alarms still is elusive to many readers, and I don’t know what else I can say to explain it for them. Of course other things are going on: Bulletin: this isn’t a news site. No, the fact that Sean Spicer said that “Even Hitler didn’t use chemical weapons” and the news media, knowing full well what he meant (and that what he meant was technically correct, though still a jaw-droppingly cretinous thing to say) still turned it into a big deal —because he works for Donald Trump, and there for is evil—and Nancy Pelosi even said the it mandated his removal (no, the fact that Spicer is incompetent mandates his removal—“Best people,” Mr President? Remember “Best people”?—but we knew that) is not a more important ethics story.

I am seriously considering just banning every commenter who makes one of those “Why are you writing about this when children are dying in the Congo and Flint still has bad water?” complaints. Write your own damn blog. I have clients, a full time job and many other responsibilities, taught for four hours yesterday, and most of all, had a Red Sox game to watch. Istill posted about 2000 well-considered words. I am not your Ethics Monkey.]

Reports from the still accumulating United Flight 3411 ethics carnage:

Look! A new apology! United Airlines CEO Oscar Munoz performed a backflip and issued a brand new apology for the fiasco on United Express Flight 3411, and said in a statement;

The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment.  I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard.   No one should ever be mistreated this way.  

I want you to know that we take full responsibility and we will work to make it right.    

It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.  

I promise you we will do better.  

Sincerely, 

Oscar

Quick reactions:

….Well, I hope you will do better, because it would be almost impossible to do worse.

…Wait, I thought the United agents were following procedures and that this was all the fault of the “disruptive” passenger? Didn’t you say that? I’m sure I read that you said that…

…”Outrage, anger, disappointment”? When did Munoz express any of those? The word he used before was “upsetting.” In his previous “apology,” which extended to the passengers who were “re-accommodated,” a weasel word if there ever was one, since they were “un-accommodated’…

…Yes it is too late to do the right thing sometimes, and this apology is a perfect example.

If the soon-to-be-forcibly retired United CEO had issued this apology immediately, contemporaneously with  placing every involved employee in Chicago on leave until the matter was fully investigated, it would have been a #1 apology on the Ethics Alarms Apology Scale, the best of the best, the top of the line….

1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.

However, when such an apology follows a previous apology that expressed none of this, but instead a reflex insistence that no wrong had been committed and that the victim of the wrong was at fault, the second apology becomes a #7 apology on the scale, one that is insincere and not a true apology at all:

7. A forced or compelled [apology], in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent .

Munoz’s second apology also insults the intelligence of everyone following the incident. We know what United’s attitude was: the United CEO expressed it:

“Be still peasants, and don’t scream like little girls when you get your comeuppance! We decide what your rights are! Next time, try walking to Louisville! I bet our surly representatives, cramped seats and stale pretzels will start looking pretty damn good before you get though Indiana.”

Now he’s suddenly horrified and contrite. Sure he is: he’s horrified because United stock is falling, and contrite because a public relations crisis management specialist told him to be.

Too late. We know what you really think, and we don’t forget that easily. Continue reading

More On United’s “Ethics Plane Wreck”

Ethics Alarms reader Arthur in Maine correctly declared that yesterdays’ multi-stage fiasco involving United Air Lines, an abused passenger and the police would be the first Ethics Alarms “ethics plane wreck.” He was correct.

Now we learn that the entire mess was based on a lie: this was no boating accid….sorry…the flight was not “overbooked.” United just decided at the last minute to fly a flight crew to Louisville, so it bumped four passengers against their will and lied, saying that the flight was overbooked. In addition to the policy-defying employees, and the brutal police, passengers on the United Flight 3411 Ethics Plane Wreck, which has spare seats aplenty, include

Recent passengers:

1. The United staff responsible for the fiasco added to their ethics foul with this official summary of the incident, cited by the United CEO:

Summary of Flight 3411

. On Sunday, April 9, after United Express Flight 3411 was fully boarded, United’s gate agents were approached by crewmembers that were told they needed to board the flight.

. We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.

. He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.

. Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.

. Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist – running back onto the aircraft in defiance of both our crew and security officials.

Verdict: Dishonest, self-serving and misleading: Continue reading

Incompetent Elected Official Of The Month: Massachusetts State Rep Michelle DuBois (D-Plymouth)

What is the thinking of people like Massachusetts state rep Michelle DuBois, who authored the above Facebook post? Do they think? Can they think? Aiding an illegal immigrant in evading authorities is obstruction of justice. Do the Duboises of the world really and truly regard facilitating illegal immigration as the equivalent of participating in the Underground Railroad? How did they reach such a fdoolish, counter-factual and warped opinion? Yes, the ACLU comes very close to crossing the line with its published advice to illegals, but it doesn’t actively try to foil legal government action. Even sanctuary cities that pledge not to cooperate with ICE are not actively interfering with the agency, or so they can argue with varying persuasiveness.  Not DuBois, though. As a an elected legislator, she can pass laws, but she can’t declare those she doesn’t like null and void, and defy the rule of law in so doing.

This is obstructing justice. DuBois’s argument to the contrary was beyond disingenuous:

“Passing information along that is already all over the community not only lets the people I represent know what is happening. It lets ICE know that everyone in Brockton is aware of their intended raid if there was one.”

Oh, I see. She made everyone in Brockton aware of the ICE raid so ICE would know that all of Brockton was aware  of it!

Bristol County Sheriff Thomas Hodgson referred to DuBois while testifying before lawmakers on Capitol Hill, saying, “This is the most outrageous, outrageous example of what’s going on across the United States that’s undermining my job and every other law enforcement officer in the United States.”

Dubois belongs right along side Oregon judge Monica Herranz, who allegedly allowed an illegal immigrant to slip out a back door to avoid ICE officials waiting for him, in a jail, awaiting trial. Continue reading

How To Rehabilitate An Ethics Corrupter

I guess most people no longer even notice this kind of thing, but it drives me crazy, and will continue to until I am, in fact, crazy.

There is no doubt: Donna Brazile is an ethics corrupter. With the complicity of mainstream media elite and her cocktail party pals, she has for years been falsely represented to audiences on various public affairs shows and “round tables” as an honest and trustworthy political analyst, when in fact she is a paid operative of the Democratic Party. This has been true since she was the campaign manager for Al Gore’s failed Presidential bid. It is deception every time she is introduced on “This Week with George Stephanopoulos” as anything else but a paid agent of the Democratic party. Since her opinion isn’t merely biased but paid for, presenting her as an authority or a pundit is misrepresentation, and intentionally so.

During the last campaign, Brazile revealed her character by using a position with CNN (that never should have been offered, given her known loyalties) to help Hillary Clinton cheat in a town hall and a debate against Bernie Sanders. She cheated. Her cheating was revealed in the e-mails hacked on John Podesta’s e-mail account, but Brazile lied about it when confronted with the evidence, implying that the e-mails were fabricated. Later, after that deception flopped spectacularly, she said that she was “proud” of cheating for Clinton, and regretted nothing.

To sum up, we know, and the media knows, that Donna Brazile is a corrupt partisan, who is eager to misrepresent herself and reality, and cheat when necessary to win for her clients. She should never be presented as an independent, objective, honest or trustworthy commentator or authority. Never. Her presence stands for the unethical propositions that the ends justify the means, and that the Left must prevail even if doing so requires cheating and lies.

Ah, but Donna is one of the gang in Washington, good people, don’t you know, so her journalist pals and the news media are working hard to make Donna acceptable again. Thus I see this headline at “The Hill”:

Brazile: Sending Clinton town hall topics ‘mistake I will forever regret’

Drudge takes the hand-off, and links to the story like this..

DONNA SEEKS REDEMPTION: REGRETS LEAKED QUESTION…

ABC, next to CNN the network that has most shamelessly passed off Brazile as trustworthy commentator, headlined the story,

Donna Brazile: Passing debate questions to Clinton camp ‘a mistake I will forever regret’

FACT: Donna Brazile has never said, implied or stated that she regrets cheating on Clinton’s behalf. Never. Yet these are the headlines of stories that desperately attempted to convince the public that the opposite is the case.

Continue reading

KABOOM! Unethical Quote Of The Month, And Maybe Hypocrisy Of The Century: Nancy Pelosi

I’m stunned. I honestly did not think it was possible for  Nancy Pelosi to surprise me any more, as my expectations for her utterances are so low as to be subterranean. I certainly didn’t think she could make my head explode again. Pelosi accomplished the impossible, however, by including this astounding line in a letter to Paul Ryan regarding a GOP replacement for the Affordable Care Act. She actually wrote…

“The American people and Members have a right to know the full impact of this legislation before any vote in Committee or by the whole House.”

KABOOM!

1. This is the same woman whose most famous quote, regarding the ACA, is “We have to pass the  bill so that you can find out what’s in it….” 

2. The law the Republicans want to replace with something the “American people and Members have a right to know the full impact of … before any vote in Committee or by the whole House” was one that almost no Democrats read before voting for it, so even they didn’t understand its “full impact.”

3. The ACA passed in this manner included a mandate that Pelosi and her party swore was not a tax but a penalty, and then when the law was challenged argued to the Supreme Court that it wasn’t a penalty, but a tax.

4. The President of the United States who signed the ACA materially misrepresented the impact of the law repeatedly by stating that it allowed Americans who wanted to keep their current health plans to do so.

How dare Nancy Pelosi make that demand? How astoundingly hypocritical, overflowing with gall, and immune to self-awareness can any human being be? This is like Bill Clinton lecturing Donald Trump about avoiding intimate relations with subordinates, but worse.

Of course she’s right, but Pelosi is the last person on earth, literally the last person, entitled to demand transparency regarding health care bills. How can she say something like this? Is she senile? Is she trying to look ridiculous? Is she so completely devoid of integrity that she can advocate the exact opposite of her own conduct and that of her party without a twinge of irony or shame? Does she believe that her followers are so blind, stupid an unable to hold a memory in their heads that they won’t see how offensive this is, coming from her?

Are they that blind and stupid?

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading

Coincidence, Ethics Violation, Or A Playground Rhyme Come True: The Lawyer’s Burning Pants

I love this story!

 Miami defense lawyer’ Stephen Gutierrez shocked onlookers when his pants burst into flames mid-trial as he was addressing the  jury. Gutierrez was defending a client  accused of intentionally setting his car on fire in South Miami. Yes, it was an arson case. He had just begun his closing argument when smoke started billowing from his pants pocket.

By sheer coincidence I’m sure, the lawyer was arguing that the defendant’s car spontaneously combusted—just like the lawyer’s trousers!— and was not intentionally set on fire. Observers told police that Gutierrez had been fiddling in his pocket right before his pants ignited. He ran out of the courtroom, and the jurors were ushered out as well. After  Gutierrez returned unharmed, he told the judge that  it wasn’t a staged  demonstration gone horribly wrong, but just a coincidence. A faulty battery in his e-cigarette had caused the fire.

In an arson trial.

During closing argument.

Where the defense was “spontaneous combustion.”

Okay!

Jurors convicted Gutierrez’s client of second-degree arson anyway. Miami-Dade police and prosecutors are now investigating the episode, and Miami-Dade Circuit Judge Michael Hanzman is deciding whether to hold him in contempt of court.

Comments: Continue reading

Orwellian Thought Manipulation As An Ideological Tactic: A Case Study

orwell-quote

Cognitive linguist  George Lakoff, a far left academic (but I repeat myself),  advises his partisan political brethren to build public opposition to the President’s regulation reform efforts by changing the word that we use to describe regulations:

President Trump has said that he intends to get rid of 75% of government regulations. What is a “regulation”?

The term “regulation” is framed from the viewpoint of corporations and other businesses. From their viewpoint, “regulations” are limitations on their freedom to do whatever they want no matter who it harms. But from the public’s viewpoint, a regulation is a protection against harm done by unscrupulous corporations seeking to maximize profit at the cost of harm to the public.

Imagine our minority President saying out loud that he intends to get rid of 75% of public protections. Imagine the press reporting that. Imagine the NY Times, or even the USA Today headline: Trump to Eliminate 75% of Public Protections. Imagine the media listing, day after day, the protections to be eliminated and the harms to be faced by the public.

Lakoff’s tactic is remarkable in its transparency. Increasingly, the Left has relied on misleading the public by injecting euphemisms and what I call “cover phrases” into policy debates and news reports to obscure the undesirable aspects of a favored measure, including its unethical nature, such as restricting  individual rights. Thus abortion, which involves trade-offs between two human lives and sets of rights, is referred to as “choice,” eliminating the life-taking aspect of the problem from the discussion entirely. Thanks to the efforts of Democrats with the cooperation of the communications media, race-based admission to educational institutions and hiring that may discriminate against whites and Asian-Americans are covered by the benign-sounding term, “affirmative action.” The most brazen of these linguistic cheats is the widespread practice of referring to illegal immigrants as immigrants, thus allowing advocates of unrestrained lawbreaking by uninvited aliens to tar good faith opponents  of open border and amnesty policies as xenophobes and racists.

Lakoff continues his cynical instruction  for aspiring Big Brothers: Continue reading