“everybody does it”

Morning Ethics Warm-Up, 9/8/17: Hybrid Topics! CNN, Hillary, DACA And More…

/ Jack Marshall / 33 Comments

Good morning, all.

1 The Public Interest Legal Foundation, a conservative non-profit public interest group that focuses particularly on voting issues, claims to have data suggesting that Hillary Clinton’s narrow win in New Hampshire in the 2016 election—about 2,700 votes gave her the state—may have been achieved by fraud. A study showed that more than 6,000 voters in New Hampshire had used the state’s same-day voter registration procedures to register and vote.  The current New Hampshire speaker of the House, Shawn Jasper, sought and obtained data about what happened to these 6,000 “new” New Hampshire voters who showed up on Election Day. Most of them are no longer in the Granite State. Only 1,014 have ever obtained New Hampshire driver’s licenses. Of the 5,526 voters who have not, just 3% have registered a vehicle in New Hampshire.  70% of the same-day registrants used out-of-state photo ID to vote in the 2016 presidential election in New Hampshire and to utilize same-day registration.

All of which suggests that it would be prudent if a group other than a right-wing advocacy organization did an unbiased and objective study.  Since Democrats won several top races last year along thin margins, notably Maggie Hassan defeating Kelly Ayotte in the U.S. Senate race by 1,017 votes, some Republicans are claiming that out-of-state voters illegitimately tilted the election. Of course, for all anyone knows, the same-day voters may have voted Republican. The episode does compel three conclusions:

  • Same day registration is a recipe for chicanery. I am suspicious of any elected official or activist who supports it.
  • The Democratic/ mainstream media cant that there is no voter fraud is incredible on its face, and manifestly dishonest.
  • The nation’s lack of eager, objective investigators without partisan agendas is crippling. I don’t believe what conservative sources and pundits conclude about the New Hampshire vote, and I find the lack of interest the liberal national mainstream news media seems to have in the story— on Google, I see New Hampshire sources and conservative sources like Breitbart, BizPac, Fox and the Washington Times—gives the story more credibility, not less.

2. For those who are still having trouble accepting that the DACA was an illegal measure as executed by President Obama, I highly recommend the article by Constitutional law expert Jonathan Turley, who explains why he regarded it as “a flagrantly legislative act by President Barack Obama.”  So did I, but he’s a legal scholar and I’m just a lawyer. From an ethics perspective, my area of expertise, I’m still disturbed at the attitude of the supporters of this Obama’s end-around the Constitution (and others). which can be summarized as, “Let’s see if we can get away with it, because we like the results.” It translates into “the ends justifies the means,” and epitomizes the drift of the Left toward totalitarian methods and philosophy. Continue reading →

The Trustworthy New York Times, Whose Editors Don’t Read Their Own Paper

/ Jack Marshall / 12 Comments

I was stunned when the New York Times, after a Bernie Sanders supporter engineered a sniper attack on a group of Republican Congressmen (Steve Scalise is still hospitalized) published an editorial including the “everybody does it” argument that Republican rheteric had activated madmen too, reminding readers that there had been a  “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. How could they be dredging up this old smear again, after it had been so thoroughly debunked? It seemed like a desperate, vicious deflection.

The  theory had caused an extended and heated debate at the time of the Tucson attack, with left-biased media pundits, including the Times’ Paul Krugman and others, attempting to silence conservatives by arguing that their harsh “eliminationist rhetoric” had put Gifford in the crosshairs, literally. The Left’s prime scapegoats for the shootings were the most vocal conservative  critics  of President Obama and the Democrats at the time, Rush Limbaugh and Sarah Palin.The smear was transparent and dishonest; eventually even President Obama rejected it in the best speech of his tenure as President. It was also quickly disproven by the facts. Loughner, if anything, was a progressive lunatic. His written rants suggested no influence by the Right at all, and certainly no indication that Palin’s use of a crosshairs graphic to indicate Democrats “targeted” for defeat at the ballot box had even been seen by the killer, much less set him on his murderous path.

The revived lie was taken down online within a day, though not before the Times’s rival for the title of  “Parper Most Willing To Devastate Its Reputation To Destroy Donald Trump” issued a merciless ‘factcheck.”  The falsehod was also put into print. Several lawyers suggested that Palin had grounds for a defamation lawsuit, even though, as a public figure, prevailing in a lawsuit would require her to prove “actual malice.” Palin did sue.  Sure enough, The Times is denying malice by arguing that it made an “honest mistake.” But how could it be an honest mistake, when the Times itself had published reporting that finally proved Loughner was no devotee of Palin or Limbaugh.

For the Times editors to claim they made an honest mistake, they must insist that they were unaware of what had been prominently published in their own newspaper, under their own oversight. Sure, that’s certainly the kind of professionalism, competence and care one expects from the flagship of American journalism. Continue reading →

Morning Ethics Warm-Up: 8/3/17

/ Jack Marshall / 120 Comments

Baaaaad Morning for me, GOOD MORNING to you, I hope.

1.  The New York Times, I thought, has an unusually fair story on the two phantom Trump phone calls that roiled “the resistance” yesterday. The President had said that he had received “calls” from the President of Mexico and the Boy Scout leadership, the former to salute him for getting tough at the border and the other to praise his controversial remarks at the annual Jamboree. There were no such calls, as the Mexico and the BSA had strongly suggested, and the White House confirmed this yesterday. In its piece this morning, the Times included a germane quote from pre-politics Trump in his 1987 book “The Art of the Deal”:

“People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.”

Germane, except that we already know that he thinks this way—and I don’t think referring to a conversation (in the case of Mexico) or multiple members of the Boy Scouts leadership”praising his speech in person after he was done (“Nice job!” “Great speech!” “The boys really appreciated it!”) as phone calls qualifies as “hyperbole,” truthful or otherwise.

These are examples of the President’s well-established addiction to speaking in word clouds and approximations. He “saw” (well, maybe not literally) “thousands of Muslims” (Okay, maybe he didn’t see them, but they were there! ) celebrating the doom of the Twin Towers in New Jersey. He never supported the Iraq invasion (saying otherwise to Howard Stern doesn’t count). Now add the hundreds of others we either discussed here or that were flashpoints during the campaign. The President’s attitude toward these little and large imprecisions of language has been, apparently since childhood, “Whatever.” He really doesn’t think they matter, because to him the difference between, for example, “calls” and other communications doesn’t matter.

It’s a terrible habit. It undermines his credibility. It weakens his ability to persuade and lead. It makes him look foolish, careless and stupid, and shows a lack of discipline. It gives his intractable foes easy bullets to shoot at him. It’s also an established trait, at this point. This is, again, the Julie Principle. This is how he is, and both his supporters and detractors know it. What  is accomplished by treating each new example as a major scandal? “Well, you can’t just let him get away with it!” is the reply.

He doesn’t get away with it. It undermines his credibility. It weaken his ability to persuade and lead. It makes him look foolish,  careless and stupid, and shows a lack of discipline.

2. The Times seems to make a mild “everybody does it” excuse for the President, citing the examples of two Presidents the Times also hated, LBJ and Reagan, mostly Reagan. “It is hardly unprecedented for a president to use a story to inspire or motivate, or to embellish a yarn for the sake of punctuating a poignant message,” the Times says. Then it recounts this: Continue reading →

The Unethical Fine Print Game

/ Jack Marshall / 17 Comments

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading →

Morning Ethics Warm-Up: 7/17/17 [UPDATED]

/ Jack Marshall / 80 Comments

Good morning, everyone!

1. President Trump is upset about an ABC-Washington Post poll that among other things indicates that 70% of those polled believe that he has acted “un-Presidential” since being elected. Several analysts have suggested that pollsters have slanted their polling pools toward Democrats (remember the election?), but my question regarding this poll is, “What the hell is the matter with the other 30%?”

How in the world could anyone conscious argue that Trump is “Presidential,” other than on the rather technical basis that since he’s President, what he does is by definition Presidential? It would be mighty nice if an aide, a Cabinet member, a daughter, a White House chef or someone would explain this to him, but I’m convinced: he doesn’t get it, he won’t get it, and what weve  seen is what we’ll continue to get.

2. ALERT! The forgoing was written after I was fooled by a fake news site, aided and abetted by Instapundit, which either was also fooled or linked to the site as its own joke.  Thanks to reader Tom Adams for being  more alert than I was and quickly flagging this.

And by the way, screw them. I’m taking off the link, and I will probably give the site an Unethical Website designation. The only hint that the site is a hoax site is the other stories (“GOP Adopts Christie’s Sad, Bewildered Face As New Party Mascot”), but I read dozens of stories every day, and if i stopped to check all the other boxed and highlighted pieces I would never have time to do my job. There is nothing on the home page designating the site as satirical. Unethical.

I apologize to anyone I led astray. Somebody alert Instapundit. I’m not speaking to it.  Here was the original post…

That said and mournfully accepted, he won, he’s President, and the fevered efforts to somehow turn back time (I would not be surprised to see a new Bon Jovi Direct TV ad on the subject)  by “the resistance,” the Democrats and the news media are profoundly anti-democratic. This is what Jake Tapper was alluding last week with his tongue stuck so firmly in his cheek that it almost broke through his face. “The conspiracy goes much deeper than anyone expected,” Jake Tapper said on his news segment “The Lead.” “We’re talking tens of millions of people involved in this secret plot to make sure Hillary didn’t make it into the White House and to prop up Donald Trump as the winner….It’s far more sinister than we thought.”

Yes, some conservative websites and others took Tapper’s pointed gag seriously. This tells us…

…how little trust CNN has left with many Americans..

…how dumb a lot of conservatives are…

…why broadcast news hosts and reporters, even fair and clever ones like Tapper, should avoid sarcasm, satire, or facetious statements, and stick to the facts.

…Jake Tapper should get away from CNN before its toxic culture ruins his reputation. Continue reading →

The Twittercide Of David Leavitt

/ Jack Marshall / 59 Comments

A fatal terrorist attack at an Ariana Grande concert? Funny!

Social media and multiple popular blogs and websites are flaming with hate directed at David Leavitt, a freelance writer who didn’t get his annual ethics alarms maintenance performed and is now paying the price. Perceiving himself as a mad wag,  Leavitt took to Twitter for some levity following the horrifying event described in this lead from the BBC:

“Twenty-two people, including an eight-year-old girl, have been killed and 59 were injured in a suicide bombing at Manchester Arena, at the end of a concert by US singer Ariana Grande.”

Let me rephrase what I wrote before: Leavitt’s ethics alarms were not merely badly serviced, they had fallen apart into rusty chunks. He also hadn’t been paying attention to the world around him: did he miss the fate of Justine Sacco, who tweeted a joke to her friends that the cyber-mob decided was racist (though it wasn’t) as she boarded a plane, and by the time she had landed found that she had lost her job and become a national pariah? Had he not noticed that the Aflac duck had a different quack in 2011 after comic Gilbert Gottfried tweeted a series of jokes about the tsunami that devastated Japan and was promptly fired from what Gottfried had called the greatest gig in the world?

Either he had been practicing his craft (“Freelance Writer. CBS, AXS, Yahoo!, Examiner, & etc. I review #Games #Tech #Fashion #Travel. Casual #MTG #Twitch streamer”) from a cave, or he is an idiot, but in either case, he decided to tweet this…

then this…

Somebody apparently grabbed Leavitt and shook him hard (but not hard enough) as his tweets went viral and he was on the way to becoming the latest Justine. A few hours later he tweeted “Too soon?” and this apology:

Too late. His previous employers were in the process of wiping his work off their sites and out of their archives. CBS PR disowned him;  AXS sent his contribution down the memory hole; so did Yahoo. Boston’s WBZ, which had employed Leavitt, issued a statement condemning his jokes and saying that he was not an employee. Publications like Mother Jones, the New York Daily News,  Heat Street and The Daily Mail had placed essays attacking him on their websites. The reaction by British websites and news organization was even more intense. David Leavitt can forget about vacationing in the United Kingdom. Ever.

Observations:

1.  Nobody deserves to have their life destroyed over two tweets. Let me quote at length what I wrote about the Justine Sacco’s cyber mob, because it applies with equal force to Leavitt: Continue reading →

Baseball’s Childish Ethics: An Embarrassing Case Study

/ Jack Marshall / 13 Comments

It is often said that baseball is a child’s game, but that doesn’t excuse professional baseball players holding on to childish traditions regarding the “right way to play the game” that are not right, frequently dangerous, and mind-numbingly stupid to boot.

Last week, beginning a weekend series in Baltimore, the Boston Red Sox were enmeshed in a close game., losing 2-0, with time running out. With the Orioles batting and Manny Machado (Non-baseball fans: he is the very young, very large, very talented O’s third-baseman, a joy to watch and already a super-star) on first, Sox shortstop Xander Bogaerts fielded a slowly bouncing ground ball and flipped a weak throw to Dustin Pedroia (Non-baseball fans: he is the small, cocky, excellent Sox second baseman, the best fielder at his position in 2016, a former MVP, and the acknowledged leader of the team now that David Ortiz has retired). Pedroia caught the ball in a first baseman’s stretch, awkwardly, just in time to force out Machado: a double play was out of the question. Machado, however, came into the base hard, sliding late, and barreling right over the bag with his spikes raised. (It looks on the tape as if one foot was elevated  when it hit the base.) Machado’s momentum took him into Pedroia, knocking him down and spiking him, as well as injuring his knee and ankle. Machado appeared to try to catch the Sox player after he passed over the base.

There was no question that Machado was out, but the Red Sox manager argued that the slide was illegal: since last year, runners are not allowed to try to break up double plays by intentionally sliding at opposing fielders. Late slides, slides not intended to allow the runner to get to second base, and sliding past teh base to upend the second baseman or shortstop will be called as obstruction, and the batter is then called out to complete the double play. The umpires disagreed with Farrell, and that is still being debated; it’s not relevant here. Pedroia, meanwhile, was led off the field, obviously injured.

After the game, Red Sox TV analysts and former players Jim Rice (Sox Hall of Fame Sox slugger) and Steve Lyons (an opinionated jackass) chuckled about what was coming. Ancient baseball tradition required, they explained, that the Red Sox “protect their player” who was injured by a careless, inept, or intentionally illegal slide. This meant, they explained, that a Red Sox pitcher in the next game was obligated to hit Machado with a pitch in retaliation. “He knows it!” said Rice. “He’ll be expecting it.” Lyons nodded and laughed. (Full disclosure: I hated Steve Lyons as a player, and I loathe him as an analyst.)

This is indeed an “unwritten law” of baseball, and one of the most unethical. I have seen it countless times, and the result is often fights and injuries, as well as suspensions for the pitcher’s involved and outright beanball wars. The theory is that you can’t let a team “intimidate” you, so a message must be sent. The message is “tit for tat” or “Mob Ethics”: you hurt one of ours, we hurt one of yours. Sometimes the situation requires a pitch directed at other team’s star player, when that team’s scrub injures the pitcher’s team’s star. In this case, the target was an easy call, for Machado was both the miscreant and is also the Orioles best player. Continue reading →

Infowars’ Alex Jones, Purveyor Of The Most Untrustworhy Political Website North Of “The News Nerd,” Provides One Of The Most Disingenuous Apologies Imaginable

/ Jack Marshall / 18 Comments

A few stipulations:

1. Anyone who for a second thought it was anything more than a bad spoof that John Podesta and Hillary Clinton were engaged in a child sex ring operating out of a D.C. pizza joint has gone waaaay beyond “Bias Makes You Stupid” to “Bias Makes People Who Are Stupid Already Too Dangerous For Human Companionship.”

2. Anyone who believes anything that appears on the conspiracy blog “Infowars” is a sitting duck for the next Ponzi scheme.

3. My theory is that Breibart pays Jones to make it look reliable and objective by comparison. And it gets its money’s worth..

The so called Pizzagate conspiracy theory held that top Democratic officials were involved with a satanic child pornography ring centered around Comet Ping Pong, a pizza restaurant in Washington, D.C. There was never any evidence to support it, and more importantly, was ridiculous on its face. It did not originate with Alex Jones, the proprietor of far right Infowars, but since it was uncomplimentary to Democrats, Jones was supporting Donald Trump, and he has also claimed on Infowars that the 9/11 attacks were  carried out by the United States government and that the 2012 shooting at Sandy Hook Elementary School in Newtown  was a hoax concocted by anti-Second Amendment fanatics, the Pizzagate theory fit right in to the rest of the BS. Thanks in great part to Jones,  the hoax circulated on Facebook, Twitter and YouTube, flourished in online forums frequented by idiots, and produced more static interfering with a rational approach to a crucial election.

This hoax, unlike, say, the claim that the Pope had endorsed Donald Trump, had measurable consequences. The pizzeria, its owner and his employees received death threats. Their business has suffered. Nearby businesses have also been adversely affected, and the hoax even spread to several other pizzerias around the country for some reason.The restaurant was closed for two days in December after Edgar M. Welch, one of the above referenced idiots,  showed up at Comet Ping Pong to “investigate,” and fired a semiautomatic rifle  inside the pizzeria. Welch pleaded guilty on Friday to assault with a dangerous weapon and interstate transportation of a firearm. Good. One idiot down.

Now Jones has issued an apology. It was obviously crafted by lawyers: Comet Pizza had demanded one in February, and by law Jones had one month to retract his libel (arguably liable) to avoid being sued. The month would have been up this weekend. Here is that apology, with key sections bolded and numbered to make commenting here easier: Continue reading →

Ethics Dunce: “The Big Hurt,” Frank Thomas [UPDATED]

/ Jack Marshall / 2 Comments
An ethics whiff for Frank Thomas

An ethics whiff for Frank Thomas

Baseball, and all its annual ethics puzzles, begins in about two weeks when Spring Training gets underway.  Meanwhile, I have to tolerate everyone talking about Tom Brady and the Cheating Patriots as the NFL makes billions encouraging  Americans to cheer for the gradual lobotomizing of young athletes for their pigskin entertainment. Still, even the off-season of America’s Pastime provides ethics fodder.

Frank Thomas, the 6’6″ 300 pound ex-first baseman, never was suspected of using steroids before he was elected to the  Hall of Fame, in part because he was naturally so huge and strong that if he had used steroids he would have ended up battling Godzilla in Tokyo. “The Big Hurt,” as he was called, was and is an outspoken opponent of steroid use in baseball, but speaking at  the annual White Sox fan convention last week, he proved that he is an ethics bush-leaguer.

The recent Hall of Fame vote  elected two players, Jeff Bagwell and Ivan Rodriguez, long rumored to be users of performance enhancing drugs, and the vote totals showed  increased support for uber-steroid cheat Barry Bonds and accused steroid-user Roger Clemens. The New York Post reported that Thomas said, without mentioning names, after he was asked how he felt about the election results, Continue reading →

NBC’s Chuck Todd Offers Dubious History To Cover For Democrats

/ Jack Marshall / 68 Comments
One of these things is not like the other...

One of these things is not like the other…

[A frequent and valued commenter asked Ethics Alarms to examine this, and I am, as many of you know, always eager to delve into the history of My Favorite Men, the Presidents of the United States.]

Yesterday, NBC presented the nauseating display of a prominent member of Congress attempting to undermine the peaceful transfer of power after a legal and fair election. This was unprecedented, and not surprisingly. Only a hyper-partisan ethics dunce who believed that he was beyond criticism and accountability and who was confident that journalists would rationalize his conduct would do such a thing.  In this regard, at least, Rep. John Lewis was correct. The news media had his back.

Before the actual interview was broadcast, news of Lewis’s statement was out regarding Lewis’s attack, and Donald Trump, as he has with Gold Star parents, beauty queens and others and award-winning actresses, had foolishly reacted with an insulting tweet that allowed his critics to shift public attention from the provocation to the target. Is Trump really incapable of learning how stupid this is, no matter how many times he suffers for it? Apparently.

Meanwhile, it was time for the news media to play defense for Lewis, because that’s what they do when Democrats misbehave.

Chuck Todd, the host of “Meet the Press,” used hsiMSNBC show “Meet the Press Daily” to argue that a prominent member of Congress claiming that an elected President isn’t legitimate is just not that big a deal, saying

“In case you missed it, Congressman John Lewis (D-Ga.), civil rights hero and icon, said Donald Trump does not believe is a legitimate president because of the Russian meddling in the election. Leaving aside how you feel about Lewis’ position, it’s not first time a president’s legitimacy has been questioned.”

Then, no doubt thanks to some intern’s searches on Google, he regaled his audience with misleading American history:

In 1824 when John Quincy Adams won the presidency over Andrew Jackson, despite getting clobbered in the popular vote, a lot of people questioned the legitimacy of his victory. In fact, this happens pretty much every time the popular vote loser moves into the White House.

After the 1876 election, Rutherford Hayes, who was called Ruther-fraud Hayes when Congress gave him the electoral majority.

The same in 1888 with Benjamin Harrison. You may remember the occasional cry of foul in 2000 when the Supreme Court stopped the Florida recount and George W. Bush won the election.

Sometimes, though, it has nothing to do with voting. When William Henry Harrison died a month after taking office in 1841, a lot of people didn’t accept the idea that as vice president John Tyler or any vice president for that matter could legitimately ascend to the presidency. A lot of people just called him an ‘acting president.’

Most recently, of course, the conservative right and and some Republicans claimed to doubt President Obama’s citizenship and therefore the legitimacy of his right to serve in the office of the presidency.

None of this is meant to pass judgment on John Lewis’ position, it’s just to remind us all this isn’t the first time someone has questioned the legitimacy of an American president. Surely won’t be the last.

This is what our political system does, we have this back and forth. It doesn’t make it any less shocking, frankly, to some of us when you do hear it from people with big influence. That’s all for tonight.

See? No big deal! Happens all the time! Everybody does it! Continue reading →