“I’m Baaaack….” Ethics Catch-Up, 11/1/2019: And Answer, A Rebuke, And A Shock

Rolled back into Alexandria last night, having had an uproarious response from the New Jersey Bar to the special Halloween edition of “Ethics Rock Extreme in Asbury Park seven hours earlier.  The group of lawyers demolished all previous groups for sing-along enthusiasm and prowess in the finale, “The Ethics Man,” a parody of Billy Joel’s “Piano Man.” (My colleague, collaborator and friend Mike Messer gets credit for their verve, I think, for he was in top form, delivering the various songs in hilarious impressions of Joel, Paul Simon, Bob Dylan, Johnny Cash, John Fogarty, and Bobby Pickett imitating Boris Karloff. among others.

I couldn’t get up the energy after the four-hour drive to get a post up last night, so the Ethics Alarms commentariat ended up holding down the metaphorical fort here for all of Halloween. I haven’t had a chance to read all of the comments, but thank-you, everyone. There were even some baseball ethics posts!

Still, there are a lot of ethics issues languishing in my absence. I’m fried, and there are also paying ethics jobs to do and promised to keep, so be patient with me, please.

1. An ethics answer to an ethics question. One Forum comment I did see was this one, from Sarah B.

I have an ethics question. The set up is a bit long, so please bear with me.

Imagine a small town where one out of every nine people works for the same company. Now, this company hires predominantly men, not because it is sexist, but because the work and positions available are more likely to be applied for by men. 9 out of every ten employees are male. In addition, it pays well enough that if a married man were to work in a salaried position, he could make enough money that his wife could stay home with the children if the couple displayed only a modicum of frugality. Thus, most stay-at-home mothers in the community have a husband who works for the same employer, usually in different stages of the chain of command.

Now, imagine that there was a low level supervisor and one of his subordinates. They are of similar ages and have similar values. Their wives are of similar ages and find each other to be enjoyable company. Their children are of similar ages and like to play together. Also, no one else in the supervisor’s area is of a similar age, value system, or time in their families. (No kids or college age kids)

Is it unethical for these two families to hang out socially? What if it is just the wives and kids, not the husbands? What about kids birthday parties, as the kids are friends?

I have heard both sides of this argument played out in my town, but often with both sides using some set of rationalizations from our host’s list. I’d like to hear a more educated opinion here.

Continue reading →

From The “Nah, There’s No Mainstream Media Bias!” Files: The Washington Post Plays Partisan Politics With A Headline, And Can’t Even Do It Competently

Once again I will begin by saying that those who deny the partisan bias in the mainstream media against President Trump (among other topics) deserve contempt, either for their lack of perception of the obvious, or for their atrocious citizenship. The last metaphorical rotten journalism gun choking the public with smoke was September’s effort by the New York Times and two of its reporters to continue the smearing of Justice Kavanaugh, a story quickly buried by the Ukraine phone call impeachment plot. (I know, I know, I never got my promised post up on Kavanaugh II. But I will, if it takes until December…) The latest, this time by the Washington Post, is pure res ipsa loquitur. Let me break it down:

I. From the New York Post:

A “high value” target believed to be ISIS leader Abu Bakr al-Baghdadi has died in a US raid in Syria Saturday, according to multiple news reports. Baghdadi was targeted in a strike by US Special Operations forces, three US officials told ABC News. One of those officials told ABC that it is believed the ISIS leader detonated a suicide vest as the ground raid was carried out in the northwestern city of Idlib. Defense Department officials told the White House Saturday it had “great confidence” that Baghdadi was killed in the raid, Newsweek reported, citing Army sources.

This is an undeniable achievement by U.S. forces of the type that the previous President claimed great credit for, and received from the news media without hesitation.

II. Reporting on the terrorist leader’s death, some headline writer at the Washington Post naively played it straight, as if the Post was a real, trustworthy news source. Referring to Al-Baghdadi as “Islamic State’s terrorist-in-Chief” in the obituary heading. Oooh, can’t have that! It will make casual readers assume that the Trump Administration did something praiseworthy!  So the foolishly objective headline writer was dispatched to the Kids Post section, and new headline was appended:

That means President Trump just killed a religious scholar! Oh, he may have been austere, but that’s no reason to kill him! Trump’s a monster!

This was so misleading and blatantly absurd that it didn’t remain for more than a couple of hours. Ultimately the Post settled on…

That’s better, but it omits the little detail that the man was a terrorist, like, for example, Osama Bin Laden. The first headline was the right one; unfortunately, it might have benefited President Trump.

III.  The Post was caught red-handed. Tweeted muck-raking journalist Glenn Greenwald, no friend he either to the mainstream media or President Trump…

Democrats, Washington Post, mainstream media…Greenwald properly lumps them all together. Charles Glasser wrote, Continue reading →

All Hail Tyler O’Neil, Sleuth Of Shameless Double Standards ! And Isn’t the Web A Marvelous Thing?

Conservative blogger Tyler O’Neil, observing the sputtering outrage from progressives and Democrats (the New York Times even had a lead editorial about it) over President Trump’s description of the partisan effort to remove him from office as a “lynching” (the right word is coup, Mr President), decided to do a little research.

Would you believe that Joe Biden, Rep. Nadler, and many other Democrats used the term “lynching” to describe Bill Clinton’s (completely deserved) impeachment? Sure you would. Continue reading →

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told.  maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a  staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Give Beto Credit For Integrity, At Least. That’s Something.

I wrote about Beto O’Rourke’s grandstanding pledge at the CNN “town hall” that President O’Rourke would punish  religious institutions that opposed  gay marriage  by ending lose their tax-exempt status.“ “There can be no reward, no benefit, no tax break for anyone … that denies the full human rights and the full civil rights of every single one of us, and so as President, we are going to make that a priority, and we are going to stop those who are infringing upon the human rights of our fellow Americans,” Beto preened. Naturally, CNN’s left-wing, Bill of Rights averse audience cheered.

The devil is in the details, however. I assume Beto knows—or someone told him— that absent a leftist dictatorship, Americans cannot be punished for what they believe. Thus the rock star Presidential candidate had to face reality on the Sunday talk shows over the weekend when he explained what he meant by “denies the full human rights and the full civil rights of every single one of us.” See, he didn’t mean “denies” literally.

Whew!

“To be clear, you are free to believe anything that you want to in this country. To associate with whom you please, to practice your faith as you best see fit,” O’Rourke told MSNBC. “But you are not allowed to discriminate against people in this country, to violate their civil rights or their human rights. To be specific, the way that you practice your religion or your faith within that mosque or that temple or synagogue or church, that is your business, and not the government’s business. But when you are providing services in the public sphere, say, higher education, or health care, or adoption services, and you discriminate or deny equal treatment under the law based on someone’s skin color or ethnicity or gender or sexual orientation, then we have a problem.” Continue reading →

Observations On The Viral ‘Trump Slaughtering His Enemies’ Video

The video above was, according to the the New York Times, shown at a conference for his supporters at his Miami resort last week. There is no evidence, none, that the Trump campaign, the President, or the White House had anything to do with it. The group holding the event is called American Priority. The organizer of the event denounced the video and said his organization was looking into how it came to be shown at the event.

Observations:

1. Why is this newsworthy? Does the New York Times cover every violent, ugly or outrageous meme that denigrates the President? It’s newsworthy, I assume, because the Times and the rest of the mainstream media view anything that places President Trump in a bad light, even a simulated President Trump,  and represents his foes as victims as worth publicizing.

2. No, it’s not the equivalent of Kathy Griffin extolling a violent execution of the President of the United States by holding a model of his severed head. If Trump or the Republican Party produced the video, then there would be a basis for comparison.

3. I thought the video was funny, just as I find the absurd violence in “Planet Terror,” “From Dusk ‘Til Dawn,” and the “Return of the Living Dead” movies funny. If it genuinely upsets you, I’m worried about you.

4. The headlines about the video either show how stupid editors think we are, or how stupid they are. “Doctored Video…,” “Fake Video…,” “Fictitious Video”…Seriously? We need to be told that video is fake? Continue reading →

Morning Ethics Warm-Up, 10/1/2019: “30 Days Hath September” Appreciation Edition

Welcome October!

 I knew the date without having to check..for once.

Time to express my gratitude to the anonymous composer of the days of the month mnemonic, which I still literally have to sing in my head several times a year.

The earliest English version of the  verse has been traced to approximately 1425. It seems that the initial rhyme began with “Thirty days hath November,” not September, but by the time the little verse was first published in English, in  1562, September had taken over the top spot, and there it has remained. Wikipedia’s entry notes that “it is probably the only sixteenth-century poem most ordinary citizens know by heart.”

1. But by all means, it’s irresponsible to have Rudy Giuliani as a guest on a news program…CNN’s fake media ethics watchdog thought it was appropriate to have Robert De Niro as a guest on his CNN show over the weekend. Why is an uneducated, loud mouth, vulgar actor an appropriate guest? It is because he is guaranteed to delight the Trump Deranged with sophisticated commentary like he treated America with when he appeared at the 2018 Tony Awards, shouting, “I’m just going to say one thing. Fuck Trump! It’s no longer ‘Down with Trump.’ It’s ‘fuck Trump!’”

De Niro never graduated from high school, and has fewer credentials to expound on public policy matters than the average American you could identify by throwing a rock into a crowd blindfolded,. He has repeatedly shattered basic standards of public decorum by going into angry, vulgar, non-substantive rants against the President when invited to stand behind a podium or in front of a microphone. So, naturally, he was a perfect guest for Stelter’s show, and, also naturally, he said, in the course of opining that the President and his supporters were “gangsters” and “crazy” and that “This guy should not be president, period, ““F​uck ‘em. Fuck ‘em!”

A voice from off-set could be heard yelling “Woahhhh!”After all, who could have possibly predicted that the actor would behave on CNN when discussing the President exactly as he has been behaving for years? “This is cable, so it’s not an FCC violation, but it still is a Sunday morning,”  Stelter commented, weasel-like as usual.

Yes, it’s Sunday morning, and you invited a guest who habitually shouts versions of “Fuck Trump!’ in public places while being televised, because you know your audience wants to hear someone say “Fuck Trump.” Continue reading →

Observations On A Cruel—But Funny!—Political Joke

“Humorists have been scared out of the business by the touchiness now prevailing in every section of the community. Wherever you look, on every shoulder there is a chip, in every eye a cold glitter warning you, if you know what is good for you, not to start anything.”

—P.G. Wodehouse, 1956

I just saw this Wodehouse quote today (Pointer: Jay Nordlinger on Instapundit), and sure enough, a joke controversy came in through the bathroom window.

The Texas Tribune Festival, an annual gathering of political and media figures in Austin,  included a panel on urban activism. Travis County Judge Sarah Eckhardt complained that the Republicans running the state government opposed any measure on the environment—even, she said, local tree ordinances. Then springing the punch-line following her own set-up, she said, “Governor Abbott hates trees because one fell on him.”

The overwhelmingly Democratic crowd laughed. I did not know, but apparently Texans do, that at 24 Abbot was paralyzed from the waist down , when  a tree blew over on him while he was jogging on a windy day in Houston in 1984.

Predictably, however, there was at least one person who witnessed this who was not amused. John Daniel Davidson, the Political Editor at The Federalist, was on hand, and tweeted the line and the identity of its creator out to his followers. Some Texas legislators and publications picked up on it, Judge Eckhardt was contacted and asked about its appropriateness, and soon she was issuing an apology,…

As usual in such episodes, the apology was not enough.  The Texas Tribune piled on, writing about the comment and adding details about Abbott’s accident. Its conservative readers unanimous condemned the judge, variously calling her apology insincere, vicious, cruel, and mandating her resignation. The attendees who laughed were pronounced equally detestable. The Tribune quoted Travis County Republican Chairman Matt Mackowiak , who went full “How dare you?”:

“Judge Eckhardt apparently believes that his disability is open to ridicule if it helps her make a political argument. This joke represents a profound lack of compassion from Judge Eckhardt. There is no place for insulting Americans with disabilities and Judge Eckhardt should know better.”

Davidson closed his article by pronouncing the incident as a  telling one… Continue reading →

Reporting The Mysterious Ukraine “Scandal”: Once Again, I’m Fighting The Urge To Conclude That These Are Just Corrupt, Terrible People

 

And losing.

When the first notice of the unnamed whistle-blower’s complaint about—well, something involving the President and the Ukraine surfaced on the New York Times front page, in an article that was so devoid of facts, details and corroboration that its only excuse for publication was to titillate Trump-Haters, I wrote,

“This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term… For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama.”

Well, I’ve been waiting. As predicted, Democratic impeachment-mongers and Presidential hopefuls are screaming to the skies, and the mainstream media has been flogging the as-yet non-story, another species of fake news, as if it were the Second Coming. Yet here is how the New York Times itself explained the alleged scandal:

What did Mr. Trump do?

In a July 25 phone call, Mr. Trump is said to have pressed the president of Ukraine, Volodymyr Zelensky, to investigate Mr. Biden’s younger son, Hunter, who sat on the board of a Ukrainian energy company. Mr. Trump has seized on an unsubstantiated theory that Mr. Biden was trying to protect the company from prosecution when he called for the firing of Ukraine’s top prosecutor in 2016. Rudolph W. Giuliani, one of Mr. Trump’s personal lawyers, has pushed the Ukrainian government to investigate the matter.

Is “said to have”? By whom? This is not news reporting, it’s gossip. The Biden theory is unsubstantiated? The theory the Times has published multiple stories about regarding the President’s interactions with the Ukraine is far less substantiated.

Why is this coming up now?

Because of an intelligence community whistle-blower who filed a complaint last month about the president’s actions. An inspector general deemed the complaint “credible” and “urgent” and forwarded it to the acting director of national intelligence, Joseph Maguire, who has refused to share it with Congress….

Amazingly, it has now been revealed that the “whistle-blower” did not have  direct knowledge of the communications between President Trump and the foreign leader in question. An official who has been briefed on the matter, however, told CNN that the whistleblower “didn’t have direct knowledge of the communications.” The official said that the concerns and subsequent complaint came in part from the whistleblower “learning information that was not obtained during the course of their work.” That’s hearsay by definition, and means that the report has no probative or evidentiary value whatsoever until it is independently verified. Until then, it is also not news.

What did the whistle-blower claim?

The full extent of the whistle-blower’s complaint, as well as the whistle-blower’s identity, is not publicly known. Reporting by The New York Times and others has established that the complaint involves Mr. Trump’s interactions with Ukraine and a phone call with a foreign leader — possibly, but not necessarily, Mr. Zelensky. It is not clear if it includes other matters.

This is really what the Times itself says. A “whistleblower” from the intelligence community made a complaint about something he was told by an an unnamed party about a private phone call with a yet to be identified official.

Here’s my favorite, though: Continue reading →

Morning Ethics Warm-Up, 9/20/2019: Not Funny!

Ah! It finally feels like a September morning!

1. Not fake news, exactly, just half-baked news. On the New York Times front page, right hand column above the fold is the headline “Claim on Trump Is Said To Involve Foreign Leader.” Reading it, we learn that an unspecified complaint has been made by a an unnamed whistle-blower “in the intelligence community” that is “said” (by no named source) to involve President Trump saying something, promising something or implying something, at least partially involving the Ukraine, according to two sources also un-named. This is apparently all being investigated by the appropriate inspector general.

I’m serious. This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term. Those who are focusing on the mainstream news media’s war on the President will conclude that the Times, having once again exposed itself as less a journalism organization than a Democratic Party hit squad with its self-indicting misrepresentation of accusations against Justice Kavanaugh, rushed a non-story into print as a diversion.

For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama. Continue reading →