Morning Ethics Warm-Up: 7/14/17

Good morning!

1. It is a matter of constant fascination to me how all of President Trump’s personal lawyers appear to be flaming jerks, whatever their legal skills may be. Here’s an example from this week: Marc Kasowitz, President Trump’s personal attorney on the Russia conspiracy theory investigation, was contacted by a stranger, a retired public relations professional, who had read ProPublica’s unflattering story on Kasowitz. He sent the lawyer an email with the subject line: “Resign Now.’’

Kasowitz used the 30 minutes between 9:30 p.m. and 10 p.m. to bombard the man with threats and epithets, writing such dignified  messages as,

“I’m on you now.  You are fucking with me now Let’s see who you are Watch your back , bitch/”

“Call me.  Don’t be afraid, you piece of shit.  Stand up.  If you don’t call, you’re just afraid.” 

“I already know where you live, I’m on you.  You might as well call me. You will see me. I promise.  Bro.”

Nice.

This isn’t a legal ethics violation, though it almost certainly would be if Kasowitz were addressing an opposing counsel in such a manner. It’s just generally unethical as outrageous, inexcusable, gratuitous incivility, reflecting poorly on him, his profession and his client. A client who was minimally concerned about ethics would fire him.

2. Speaking of a minimal concern for ethics, Trump’s defense of his son’s dumb but legal meeting with the Russian lawyer promising dirt on Hillary included the statement that “most people would have taken that meeting.” Once again, we have evidence that Donald Trump literally doesn’t know what ethics is. Oh, his rationalizations are the same ones the average ethically-retarded citizen uses—this is why he is President. They are still rationalizations. Yes, Mr. President, and most people would accept extra money from an ATM and not tell the bank about it. And most people lie to get out of trouble. And most people do all sorts of unethical things, which doesn’t make them ethical, responsible or appropriate.

He is the President, though, and this is how we will inevitably become a nation of assholes. 

3.  And speaking of assholes, there is Nancy Pelosi. Because a female journalist was blocked from access to the House of Representative by a Sergeant of Arms who properly pointed out that she was wearing a sleeveless dress, always forbidden according to Congress’s dress code, we were suddenly subjected to the false narrative that those mean, sexist Republicans were abusing women again, as well as being typically antediluvian in their ideas about propriety. (Men can’t go sleeveless either, but never mind.) Paul Ryan was the target here, as the Speaker is officially charged with enforcing such rules. The narrative was not really about the dress code, but just part of the over-all “Get Republicans” news media strategy to make the party as unpopular as possible. Yesterday Paul Ryan plausibly said that he wasn’t aware of the rule in question, and was happy to amend it. Then Nancy Pelosi piled on, tweeting, “Glad to see [Speaker Ryan] is updating the dress code for the House Floor. These unwritten rules are in desperate need of updates.”

Pelosi was Speaker for four years, her tenure ending just six years ago. The same rule Ryan is being attacked for was in place during her entire tenure. Why didn’t she fix it herself, dedicated feminist that she is? Her tweet is such obvious hypocrisy that it calls attention to the double standards employed by Democrats, the news media and women. Pelosi could have cheered the change without appearing to duck her own responsibility for their continuation. Instead, she acted as if she was an innocent bystander.

Nancy Pelosi is a major reason the Democratic Party has become a party of assholes. Who but an asshole would tolerate a national leader like this as the face of his or her party in Congress? Are Democrats proud of this woman? Do they endorse her tactics and rhetoric? We have to assume so, don’t we? Continue reading →

Morning Ethics Warm-Up: 6/22/17

1.  I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics.  Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.

2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…

…and this one…

…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.

3.  This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of  that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →

Morning Ethics Warm-Up: 6/11/17

1.  Mainstream media bias has been such a frequent topic on Ethics Alarms that I hesitate to focus on it even when, against all odds, what passes for American journalism has another rotting chunk fall off.  The reaction of most of the media to the Comey testimony was a huge chunk, once again shocking me when I didn’t think my regard for this unprofessional profession could sink lower. Some commentators yesterday (they were conservative, but there is no reason a fair and objective liberal wouldn’t and shouldn’t come to the same conclusion) said that we are witnessing the birth of a mainstream media-progressive fusion political party. This is not a hysterical analysis. The New York Times coverage of the Comey hearing, for example, was so misleading and dishonest as to eliminate that paper from ever being regarded as a reliable political analyst again, at least until it cleans house and issues an abject apology to the nation. Ethics Alarms reader Greg did an excellent job detailing the Times’ disgraceful anti-Trump/pro-resistance spin in the thread on the Comey testimony post, as did journalist commenter Tippy Scales.

The Times knows its first take was untenable; you can tell by its editorial today, in which it already is changing the subject. If Comey had laid a glove on Trump (and he didn’t) regarding  impeachable conduct and a route to removing him—which was the Left’s fervent hope and the resistance’s confirmation bias-driven fantasy—the Times would have been  shaking its fist and demanding action in it Sunday pronouncement. Instead, it offered an extended whine about how Paul Ryan excused Trump’s clumsy handling of his communications with Comey by citing Trump’s inexperience, but that he had condemned President Obama for his inexperience, as if the two positions are inconsistent. First, they are not: Ryan did not support Trump’s nomination, though political inexperience was the least of his disqualifications. Second, the President’s cluelessness is directly relevant to the weaker than weak argument that he was obstructing justice by having the kinds of conversations with a subordinate that is commonplace in a business setting. The Times, as it has been doing a lot lately, simply assumes away an insuperable obstruction to its “resistance” position, , saying that “The president obviously knows that it’s wrong to interfere in an investigation.”

Like Hillary Clinton, apparent cyber-dolt,  “obviously” knew that using a private server for State Department business violated classified communications law?

The same logic that Comey himself used to give Clinton a Stay Out Of Jail pass applies to Trump’s statements to Comey, but far more reasonably. Not only was he not, as Ryan said, “steeped in the long-running protocols that establish the relationships between D.O.J., F.B.I. and White Houses,” the President  wasn’t interfering in the Flynn  investigation by telling Comey he hoped it would end, and he couldn’t interfere in the Russian investigation by firing the FBI director. The Times editorial reveals the real impetus behind the paper’s determination to bring down the President who dared to be elected by “deplorables” who don’t march to the Times’ ideological lock-step: Trump “[struts] about at the head of the party, insulting everyone and everything in sight: staff members, allies, laws, diplomatic decorum and common sense.”

Yes, for once the Times is reporting accurately, but that’s not grounds for removing an elected President, and it does not justify misrepresenting facts to create a public groundswell based on bias, hate, fear and ignorance.

2. And when it is clear that the news media and the Democrats are coordinating in an “Anti-Trump” party, what is a responsible stance for the Trump Administration regarding news organizations who wave the anti-Trump banner at the expense of fair reporting? Continue reading →

UPDATE: Bill Maher, Hypocrite And Coward…HBO Too

I guess no good deed really does go unpunished: I stand up for the vile and hateful comedian’s legitimate use of “nigger” in a witticism on live TV, and the former host of “Politically Incorrect” caves to political correctness, which he has sworn repeatedly that he will never do.

What a spineless, hypocritical weasel.

In 2011, when Maher was asked about calling Sarah Palin “a cunt” and “dumb twat,” Maher was bold and unbowed:

“Well, you know, I’ve been through this so many times. There’s a lot of people in America who have, of course, nothing to do except look for something to get mad at. And I’ve been a frequent target and I’m happy to provide that service. So, you know, I always say, as I’ve said many times in these kind of situations, if I hurt somebody’s feelings, I’m always sorry about that, I’m not trying to hurt somebody’s feelings. But if you want me to say I’m sorry what I said was wrong, no, sorry, I can’t go there.”

I guess what he meant is that he can’t go there when he’s only using vile language to denigrate conservative women who feminists and NOW don’t regard as worthy of their alleged principles, in attacks that make his ideologically sympatico crowd secretly snicker and chuckle because those twats deserve it.

This time, however, he offended the all-powerful race grievance lobby by calling himself—himself!— a “house nigger,” in a “Gone With The Wind” reference prompted by a Republican Senator asking him if he’d do field work. Lacking the integrity and fierce belief in the Jester’s Privilege that he has proclaimed before when it wasn’t progressives carrying the torches and pitchforks, Maher capitulated like Galileo, even though in this case, he had been neither vicious nor insulting, just “offensive” to those who want to ban words—you know: liberals.

The hypocrite said, Continue reading →

From The Ethics Alarms Double Standards Files: The Women-Only “Wonder Woman” Screening [UPDATED]

The infuriating thing is that that not only are they flaming hypocrites, they are self-righteous about it.

Writes the pop culture website Too Fab, a proud young social justice warrior pop culture hangout,

“A “Wonder Woman” screening exclusively for women at the Alamo Drafthouse theater in Austin has pissed off a lot of fragile men.”

No, the outrageous double standard represented by the screening has pissed off anyone with a modicum of ethics comprehension, and should.

If you don’t immediately see the problem, you’re part of it. Even the galactically tone-deaf Hillary Clinton didn’t hold a women-only campaign rally (although her post-campaign rally at the Wellesley College graduation yesterday was pretty close to one.)  Barack Obama’s most rudimentary ethics alarm would have sounded if an aide proposed a blacks-only event. Hey, let’s promote the NFL with a men-only exhibition game! Given their promotional instincts, I’m surprised Alamo Drafthouse theater didn’t have a screening of the racist, “Whites are trying to destroy us all!” horror film “Get Out” restricted to endangered African-Americans, and maybe balance it off with a whites-only classic film screening of “Birth of a Nation.”

The striking aspect of this per se double standard display is that the Left is defending it, and mocking its critics using Swiss-cheese logic worthy of an evolution denier.

Here’s NY Magazine: Continue reading →

Unethical Quote Of The Day: A Lovely, Smart, Trump-Deranged, Left-Biased Facebook Friend

“How do we know the Trump administration is racist? well, they’re all white – and if this had been a white student murdered by a black student or immigrant student in what appears to be a racially-motivated hate crime, they’d have plenty say about it.”

—-A Facebook friend who works at Bowie State, exploiting the tragic death of a black student there at the hands of a white student from the University of Maryland, to attack President Trump in a post on his page.

How hysterical, unfair and unethical is this statement? Let’s see:

1.The administration is not all-white. Even if it was, that would not prove it was racist, except in the warped logic of progressives and social justice warriors. People like my friend know Trump is racist because that’s the narrative, and they just decided that he was, mostly by designating as  racist comments that were not, and using race-baiting as substitute for substantive arguments to support their irresponsible love of illegal immigration.

2. The assertion that simply by being white, one must be racist is itself a racist statement. (My friend is white, but this is virtue -signalling on the Left. Denigrate men, whites and conservatives, and that means you are good.)

Addendum: a commenter on the post who had the bad manners to point out that “we know they are racist because they are all white” was a questionable assertion saw his comment immediately deleted.

2. “We know you are racist because we are sure what you would do, though you have never done it.” This kind of reasoning from a faculty member is what Bowie students pay tuition for.

3. In fact, earlier this month a black student attacked and stabbed FOUR white students in Austin, Texas.

The President had no comments, though it was unquestionably a “racially-motivated” crime.  Never mind though, you know he wanted to say plenty.

4. Presidents should have nothing to say about such incidents. They are local, they are single events, they don’t prove anything, and their comments can undermine the justice system and inflame public opinion. President Obama never learned that, repeatedly making inappropriate comments about events that were none of his business, often exacerbating racial tensions, as in his uninformed, slanted statement about the Trayvon Martin-George Zimmerman tragedy. Obama also did exactly what my Facebook friend suggest is racist. He never commented on incidents where whites were the victims, as when Francisco Sanchez, a repeatedly deported Illegal immigrant,  shot and killed 32-year-old Kathryn Steinle in 2015. Does that prove Obama was a racist? Of course not! When you are in the grip of irrational Trump paranoia and hate, these standards only apply to this President, not the previous one. Continue reading →

“Fuck Donald Trump!”

I was bemused to see a Sunday New York Times front page story described the White House as beset with “scandals.” Try as I might, I couldn’t come up with anything that qualified as a “scandal” applying the prior standards of ethical journalism, and especially if one considered the standards the news media applied to the Obama Administration. For reference purposes, the Obama White House manipulating the facts of the Benghazi raid to avoid accountability was not a scandal, it was a “nothingburger.”  The IRS, an executive agency under the authority of President Obama, deliberately and illegally sabotaging conservative groups to assist in Obama’s re-election wasn’t a scandal,  it was just “rogue employees.” Obama’s Justice Department surveilling a Fox journalist in defiance of the First Amendment wasn’t a scandal, because Fox News.

“Fast and Furious” wasn’t a scandal because the Attorney General who oversaw it said it wasn’t, and besides, the Justice Department was investigating itself, so all was well. Barack Obama repeatedly lying about what was in the health care bill that we had to pass to know what was in it wasn’t a scandal, it was just a slip of the tongue, over and over again. The same slip. Secretly trading five terrorists for a deserter whom the administration first described to the public as a soldier who “served the United States with honor and distinction” wasn’t a scandal because the mainstream media gave it a pass…and so on.

Firing someone a President has the power and right to fire and who was objectively untrustworthy  is not a scandal, nor is it a “crisis,”  no matter how many times reporters say it is. Alleged statements made by a President leaked by anonymous sources are not scandals, because they are alleged statements made by a President leaked by anonymous sources. A news media—led by two rival national newspapers trying to top each other by publishing breathless accounts of hearsay as if that is ever  evidence of anything—that has openly abandoned all ethical journalism standards and allied itself with a partisan effort to undermine and remove an elected President is a scandal, as well as a crisis. More on that one later.

The other scandal and crisis is the complete abdication of reason, responsibility, civility and sanity by the Democratic Party as it commits to satisfying the blood lust of its most hard-core and irrational supporters, by trying to unseat the President of the United States without the inconvenience of having to win an election. The latest ugly proof that this scandal is real came from California, where the state Democratic Party convention climaxed with outgoing party Chair John Burton extending two middle fingers in the air and leading a cheering throng in the chant,  “Fuck Donald Trump,” as Nancy Pelosi laughed it up in the crowd (as you can see in the photo.) Continue reading →

My Mistake! I Thought Having Trump As President Would Teach Our Kids To Be Uncivil, Vulgar Assholes…I Didn’t Foresee Anderson Cooper Helping Out

[The title above is a reference to this post from last year, in case you missed it despite my linking to it just about every other day since…]

On the May 19, 2017 edition of Anderson Cooper 360, the CNN host became frustrated with President Trump’s flack Jeffrey Lord—consider him this President’s less slick version of Lanny Davis or less repulsive version of Paul Begala—-as Lord defended the President’s alleged description of former F.B.I. Director James Comey as a “nut job,” leading to this immortal exchange.

Cooper: If he took a dump on his desk, you would defend it.

Lord: What? [Starts laughing.]

Niiiiice! So professional! So respectful to the President of the United States and any CNN viewers left who have a shred of civility, decency, and sense of  etiquette in public discourse!

So disgusting.

As we know, a back-up weekend weatherman who said this about the  previous President or any before him would have been fired before he finished the 7 day forecast. Cooper, however, is permitted this gutter level breach of courtesy and professionalism, because 1) as CNN’s star, he is held to a lower standard (The Star Syndrome) than weekend weathermen, as we saw in when Cooper smirked and joked with Rachel Maddow about the gay term “teabagger” in order to mock the Tea Party movement,  2) CNN has normalized blatant partisan gestures and outbursts by its talking heads, and 2) this President of the United States  has been found  unworthy of respect and courtesy, or professional journalism standards. CNN will do nothing to discipline Cooper or send te message that his conduct is unacceptable, because the dirty little secret is that as long as President Trump is the target, it is acceptable. At this point in its devolution, CNN is cheerleading what has been accurately called a slow-motion attempted coup by the one-time news network’s party of choice. A Harvard media study released last week showed CNN to be the most unbalanced of all major news outlets in its reporting on the President’s first 100 days, with 97% of its coverage negative in substance or tone.

Cooper later apologized to Lord in the segment, saying, “I like having your voice on here and I think you’re an important voice to have, so I’m sorry I was a little crude. And you defend the president very well, and that’s your job.”

A little crude? Continue reading →

Responsible And Necessary: The Appointment Of A Special Counsel

The Justice Department appointed Robert S. Mueller III (above), a former F.B.I. director, as special counsel to handle the Russia probe.

I am reading conservative pundits fuming over this development for a number of reasons, some of them valid and troubling. However, there is no good argument to be made that a Special Counsel isn’t necessary now.

Assistant Attorney General Rod Rosenstein explained his decision to make the appointment (remember, he is acting AG in the Russian investigation, because Jeff Sessions was bullied and hectored into recusing himself, also unavoidable):

“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter.My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”

Exactly. As for the last sentence, President Trump has no one to blame but himself. His own, typical, blundering, blathering ways created this atmosphere—that and “Deep State” leaks calculated to undermine him, and a news media feasting on those leaks like sharks on chum.

It is being argued that you can’t appoint a special prosecutor unless there is a finding that crimes have been committed. Here are the relevant sections of the law:

§ 600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and –

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

§ 600.2 Alternatives available to the Attorney General.

When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

I don’t read the law so narrowly. The law requires that there be a determination that a criminal investigation is warranted, not that crimes have been committed. Continue reading →

Ethics Observations On Bill Maher’s Incest Joke About Ivanka Trump

This is my favorite photo of Bill Maher. It captures the essence of his charm, his manners and his wit so perfectly…

Following the (much deserved and still not sufficient) criticism of Fox News’ Jesse Watters’ leering “joke” about Ivanka Trump’s handling of a microphone, HBO’s Bill Maher gave conservative critics an opportunity to trot out the  “we have standards, where are yours?” accusation against liberals when the host of “Real Time” made suggestive gestures while talking about how the First Daughter “helps” President Trump.

“What do you make of Ivanka and her efforts to sort of humanize her father?”, the comic asked guest Gabe Sherman ( a writer, book author, Fox News critic and a vocal one regarding Watters’ incivility). “We see all this misogyny at Fox News [ KABOOM!, incidentally. If there is anyone on earth other than the President more ethically estopped from accusing someone else of misogyny, it’s Maher, who flings “cunt” and “twat” at women he disagrees with and who cheered Bill Clinton’s exploitation of Monica Lewinsky on the grounds that “he works hard, and he deserves it”); we see it in Donald Trump himself. A lot of us thought, Ivanka is gonna be our saving grace.” Then, as he mimed Ivanka masturbating her father, Maher continued, “When he’s about to nuke Finland or something, she’s gonna walk into the bedroom and—”Daddy, Daddy…’Don’t do it, Daddy!”‘

This most recent vulgarity by Maher as his audience of hateful left-wing boors hooted on cue even moved the progressive tool Daily Beast to complain that “if liberals are going to castigate Donald Trump for his boorish, sexist behavior, they shouldn’t behave in a similar fashion” —a point that is too little and far too late in the case of proudly boorish, sexist Bill Maher.

Ethics Observations: Continue reading →