Ethics Hero: Bill Gates

Funny, he doesn't LOOK evil...

Funny, he doesn’t LOOK evil...

Yes, it’s really this bad: a prominent liberal and Democrat qualifies as an Ethics Hero because he’s willing to give Donald Trump a chance.

Microsoft co-founder Bill Gates told CNBC this morning that after speaking with the President Elect, he believes that Donald Trump has an opportunity to establish “American leadership through innovation,” Trump’s fellow billionaire told  “Squawk Box”:

“A lot of his message has been about … where he sees things not as good as he’d like…But in the same way President Kennedy talked about the space mission and got the country behind that, I think whether it’s education or stopping epidemics … [or] in this energy space, there can be a very upbeat message that [Trump’s] administration [is] going to organize things, get rid of regulatory barriers, and have American leadership through innovation….Of course, my whole career has been along those lines. And he was interested in listening to that. And I’m sure there will be further conversation.”

What could possibly prompt Gates to keep his head while all around him are losing theirs and blaming it on Trump? I see six possibilities: Continue reading

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading

Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading

Oooooh, Sneaky, Uber!

fine-print

Fine print alert!

Uber, the controversial  ride-sharing giant, quietly changed its terms of service to foist mandatory arbitration on its users. This is a common tactic of large corporations lately, taking away consumers’ rights to sue when they are harmed due to negligence. Arbitration is often full of hidden biases, with a natural  financial motivation for less-than-ethical arbitrators to tilt in the direction of the companies that pay them.

The change means that a passenger injured in an Uber vehicle due to its driver’s negligence would be required to arbitrate any claims for personal injuries before the American Arbitration Association, because the passenger had technically agreed to the terms and conditions of the Uber contract every passenger must accept. How would  long-time customers know about the change from the original Uber conditions? They wouldn’t, unless they regularly cruised the company’s website.

On July 29, 2016, Judge Rakoff from the Southern District of New York ruled that the notice of Uber arbitration terms was not sufficient to let riders know that  they were waiving the right to sue, and thus the mandatory arbitration provision was unenforceable. Uber’s response was to send an email to its users, announcing that it was updating its terms effective November 21, 2016.  Uber also instructed its users to read the new Terms and stated it had “revised our arbitration agreement.”  Now they have you, because Uber users can no longer claim that they didn’t know about the new terms. When you use the service, you are stuck. You have waived the right to sue.

There is a large “but,” however.

An Uber user can still reject the November 21, 2016 Terms by providing Uber with written notice by mail, by hand delivery or by email within 30 days of November 21, 2016. Like many companies, Uber’s “notice” consists of a hard-to-find section on its website. The mechanics of rejecting the new terms information are virtually buried on Uber’s legal page, and read, Continue reading

Ugh! Here’s One More Unethical Practice (Of Many) Trump Needs To Eliminate From His Repertoire, And Quickly

trump-tweet-at-union-head-jpg

It’s pretty simple, though President Obama hasn’t figured it out in in eight years:

The President of the United States must not attack or criticize private citizens or negatively characterize their actions, nor should he interfere with local matters, criminal justice, the courts, the news media, or private businesses,  unless it is absolutely necessary, which it almost never is. This applies to his treatment of journalists, celebrities, athletes, local officials, accused criminals, military personnel, lawyers, other professionals…

…and union representatives.

Chuck Jones, the president of the local chapter of the United Steelworkers union that represents Carrier employees in Indianapolis, told The Post on Tuesday that the Trump exaggerated the number of jobs he claims to have saved, since 550 of the union’s members will lose their jobs anyway. Trump immediately sent the tweet above, directly attacking Jones by name. Shortly after the tweet, Jones says, he began getting threatening phone calls. “Nothing that says they’re gonna kill me, but, you know, ‘You better keep your eye on your kids. We know what car you drive.’ Things along those lines,” he told the Post.

I’m not surprised, but Trump’s “punching down” would be just as wrong if there was no response at all. This is an abuse of power. It is an abuse of influence. It is an abuse of office, and once he is President, it will be an abuse of the “bully pulpit.” The conduct is bullying,  as well as irresponsible, dangerous, and stupid.

I did call it, though! My post in April about Gov. Rick Scott attacking a citizen, in his case a coffee shop critic, in a campaign ad ended with this statement:

It is hard to imagine a more petty, needless, demeaning example of “punching down.” Jennings isn’t running against Scott; she is just a citizen critic, if an especially rude and nasty one. For a governor to focus an attack ad on a mere citizen is an abuse of power and position. It is ethically indefensible.

It is exactly what Donald Trump would do, though.

It is far worse for a President-Elect to punch down, of course; it’s even unethical for a Presidential candidate nobody thinks can win to do it. Trump’s pre-emptively calling Bowe Bergdahl a traitor is now a fair trial problem in the ex-prisoner of war’s court-martial. This is a terrible habit to indulge, and it opens the door to far more harmful misuses of Presidential power.  Continue reading

Confirmation Bias And The Taiwan Phone Call

old-lady-poker

I have told the story here before, I think, of the poker hand I once witnessed in Las Vegas that forever serves as a warning about the dangers of confirmation bias. I was considering joining a seven card stud table at a casino, and as is my practice, decided to watch a few hands to see what the competition was like. One player stood out: an elderly, grandmotherly woman who played hesitantly and was prone to say things like “Oh, dear!” and talk to herself. She obviously irritated the  other players, who were all male and the human equivalents of the Dogs Playing Poker.

As it happened the  third hands I watched was a big one, with most of the players showing pairs and flushes. The grandmother dithered and sighed as usual, and when it she was faced, after the last card, with the decision of whether to call a huge bet, she delayed, pushed all her chips into the center to raise, and then pulled them back, saying that she would fold instead. The players protested, and the dealer informed her that once her chips had crossed the line on the table, her bet was complete. She looked horrified, and explained piteously that she had never played by those rules before. It was to no avail, however, and the remaining players eagerly called her wager, happy to take advantage of her gaffe.

The old woman had four jacks! It wasn’t a gaffe, it was an act, all of it. She had been taking advantage of the other players’ eagerness to stereotype her. Once the betting was over, she dropped the mask. “Four of a kind, gentlemen!’ she said authoritatively, revealing her hand. She raked in the gigantic pile of chips, and got up from her chair. “Thanks for the competition. I think I’ll try another table now.” She was heading to a table where they would think she was a clueless old lady, having blown her cover at this one.

I thought about that poker player when I was reading the comments on social media and from various pundits after it was reported that Donald Trump had engaged in a telephone conversation with the Taiwanese President Tsai Ing-wen.

Ever since the U.S. officially recognized Red China, Taiwan, formerly Formosa, has been treated diplomatically as if it doesn’t exist. Taiwan, the Chinese island territory where Chinese Nationalists fled after Communists  took over the country, still claims to be the real government of the Chinese mainland.  Under President Jimmy Carter’s “One China” policy, the U.S. officially refuses to recognize it as independent. It is, however, a convenient fiction.  As Slate explained in 2000:

While the U.S. officially adheres to the one-China policy, it practices a de facto two-China policy. Under the 1979 Taiwan Relations Act, the U.S. sells Taiwan military weapons, and the language of the act warns the People’s Republic that any coercive unification efforts would be “of grave concern to the United States.”Beginning in the late 1980s, the two Chinas flouted their one-China policies by establishing economic and cultural but not political ties….Taiwan… has continued to pay lip service to independence–two Chinas–but, out of fear of provoking China, has refrained from explicitly repudiating the one-China policy.

An incoming President publicly treating Taiwan’s leader as a head of state is bound to make China nervous. Sine everyone has already concluded that Donald Trump is an impulsive, reckless idiot, the phone conversation was immediately interpreted by his critics in that context. Similarly on social media: every Angry Left poster who mentioned the incident was contemptuous, as if any of them had superior diplomatic expertise to Trump, who is not exactly unfamiliar with the Chinese, with whom he has had many business dealings. Many were also fearful. This is the apparently agreed-upon strategy of  de-legitimizing Trump: he’s scary. He’s not a real American President ( just as many Republicans claimed Obama was an alien), with American virtues and values. He’s a bull in a china shop! (China, get it?) A beast, not a statesman! He’s Hitler, a criminal, a dictator, the boogeyman. See? See? This is going to start World War III!

This interpretation of Trump’s actions is pure confirmation bias. If a President-Elect with respected foreign policy credentials (not that we’ve had one since in 50 years) had done exactly the same thing, exactly the same way, it would be debated, but many more would see it as wily diplomacy. Again, confirmation bias: nobody really knows what the idea behind the call was, or if there was an idea. The Democratic National Committee responded by saying, “Donald Trump is either too incompetent to understand that his foolish phone call threatens our national security, or he’s doing it deliberately because he reportedly wants to build hotels in Taiwan to pad his own pockets.” Wow…THAT’s fair! Stay classy, Democrats! I’m sure this is the way to win back the trust and support of the electorate. Talk about a parody of partisan rhetoric;  tell us again about how the mean old Republicans wouldn’t give Barack Obama a chance.

Continue reading

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading

The CNN “Joke About Donald Trump’s Plane Crashing”: Now THAT’S A “Nothingburger”

But it’s nice to know that some people at CNN now know how Billy Bush felt.

A website called FTVLive  obtained video of CNN’s Suzanne Malveaux talking to her crew and her producer before going live on CNN, as they waited for Trump’s  press conference. His plane to yet land.

On the video, a producer can be heard saying “When I do this, it means his plane’s landed’ and later, she seems to be saying, dead-pan”That means his plane’s crashed….just kidding” There is some incomprehensible chatter briefly after that.

Thanks to some websites like Mediaite on a slow news day, this gourmet “nothingburger” was widely and critically circulated. “The crew decided to joke around about a pretty grisly topic,” intoned Mediaite’s  Justin Baragona.

This, believe it or not, prompted CNN to issue an apology! This…

“An unfortunate and inappropriate remark was made by one of our producers off camera yesterday. We have apologized to the Trump transition team, and the Producer has been disciplined.”

Oh, balderdash. There was nothing “unfortunate and inappropriate” about that comment, which was not an expression of hostility to Trump, or anything else but on the job self-mockery. I would make that joke. I have made essentially that joke in various settings. At a surprise party for my mother, for example: “OK, I’ll make this sign when she’s coming up the walk, this sign when she’s at the door, this sign if she trips at the door and falls down the stairs, and this sign if she’s attacked by the neighbor’s dog.”  So what? (It got a big laugh by the way. Would Justin have laughed? I don’t care.) Continue reading

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading

My Happy Birthday Ethics Quiz: The National Review’s Theory

flaming-cake

Today is my annual struggle (since 2009) to try to think of my birthday as something better than “Finding Dad Dead In His Chair Day,” and I must say, Facebook Friends have been especially helpful by sending along happy birthday wishes. Since none of them de-friended me for political differences during and after the campaign, I was intrigued by this essay in the National Review, titled “Ten Reasons Left-Wingers Cut Trump Voters from Their Lives.”

Now as I have made painfully clear, I was no Trump voter, having determined early on that I would sooner undergo a head-transplant from a warthog, even a Bernie-boosting warthog, but I was no Hillary Clinton supporter either, and was especially eager to shoot down particularly stupid memes from OccupyDemocrats, MOVE-ON, and the National Federation of the Brain Debilitated when my friends posted them, which was depressingly often. (Come to think of it, most of those FBFs who are addicted to progressive memes haven’t sent me birthday wishes, the bastards, but then the National Review piece wasn’t called “Ten Reasons Left-Wingers Won’t Say Happy Birthday To Facebook Friends Who Point Out That The Memes They Post Have Been Proven To Cause Retardation In Chimps.

The article is biased, of course: it’s the National Review. Obviously its assertion is over-generalized. But how fair is its general proposition, which is that the 2016 phenomenon of people cutting off friends and family is “one-sided”? Continue reading