Tag Archives: hearsay

Morning Ethics Warm-Up, 11/9/17: Everyone Behaving Abysmally Edition

Let’s scream “Good Morning!” to the sky!

1 The FBI is now complaining that it’s too difficult to break into smartphones, since the Texas maniac, Devin Kelley, had one that has so far resisted cracking. By all means, let’s make sure we have no privacy from government intrusions into our lives and relationships. I’m sure—I really am sure—that the “think of the children!” mob and the “if it saves only one life!” brigade will happily surrender the right to privacy, which is, per the Supreme Court, is also in the Bill of Rights, just like the rights of free speech and the right to bear arms.

The solution is right in front of the FBI anyway.  Just take Kelley ‘s body on a plane trip to Bali, manipulate his dead thumb, and use it to unlock the phone.

2. I see little to choose from ethically between Facebook selling space for deceptive ads to the Russians and CNN selling time on their newscasts for a billionaire to make his personal, dishonest and ignorant demand that President Trump be impeached. I had heard and read about the ad, which is basically Maxine Waters’ warped version of the Constitution and the impeachment clause, with a little Richard Painter thrown in, but I assumed I would have to go online to see it. Nope, there it was this morning during a break on Headline News. Respectable news sources, not that CNN qualifies any more, have traditionally rejected factually misleading political ads from private interests, and a Constitutionally moronic rant from a rich guy with money to burn surely should qualify.

The rich guy is Tom Steyer, who apparently once was an intelligent human being even as you and I. His ad claims that “Donald Trump has brought us to the brink of nuclear war, obstructed justice, and taken money from foreign governments. We need to impeach this dangerous president.” Let’s see: the first is pure hysteria and an attempt to criminalize policy and international poker (I’d argue that the weak response to North Korea by the U.N. and previous administrations has been what has “brought us to the brink,” as well as, of course, the rogue country threatening nuclear attacks and firing missiles over Japan).

The second is a gonzo anti-Trump resistance theory that would be tossed out of any court, except maybe in Hawaii. The third is intentionally dishonest: this is the Emoluments Clause fantasy that holds the discredited theory a hotel owner has to be impeached if he doesn’t sell his hotels. Steyer’s ad also says that that Trump should be impeached for various tweets, half-baked opinions and comments. As one would expect from a  Democratic mega-donor, he apparently believes that speech qualifies as a high crime when it annoys progressives.

Naturally, again as one would expect, Steyer implies in his ad that Bill Clinton, who really did commit a crime as President and really did obstruct justice, was impeached by a Republican Congress for “far less.” This disqualifies him as a serious person.

3. Baseball fans know that Roy Halladay, a near-Hall of Fame pitcher with the Blue Jays and Phillies renowned for his durability until his arm fell off (metaphorically speaking), was killed this week when he crashed his single engine plane into the Gulf of Mexico. Observers say he was flying recklessly, and there is evidence that he wasn’t properly experienced to be operating the plane as he was. In Boston, radio sports jockey Michael Felger went on an extended rant excoriating the dead pitcher for being irresponsible, especially as a husband and father.  Here’s a sample: Continue reading

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CNN’s Fake Lincoln Quote [UPDATED]

Oh, hell, I might as well keep kicking CNN while it’s down in the hopes that it stays down and its rotting corpse frightens the mainstream news media into repenting, reforming, and practicing journalism again.

Around the same time that CNN was tracking down a harmless social media troll and threatening to ruin his life if he didn’t grovel for mercy and promise never to displease CNN again, the news network tweeted out a series of notable Americans for the Fourth of July. The above was one of them. It was fake history, and worse than that, it was fake history designed to cover for CNN’s own repeated refusal to allow the people to know the facts, using an appeal to the authority of a President who believed that the press was a menace during times of crisis and who imprisoned a newspaper editor without a trial because Lincoln didn’t like the “facts” he was printing.

The supposedly apolitical tweet was widely interpreted as  another CNN attack on President Trump, much as the sudden appearance of the new Washington Post motto “Democracy Dies in Darkness” was aimed at sending the message that the President obscures the truth and attacks the Bringers of Light…you know, like the paper that treats serious journalism like this. The Independent, for example, ran a story about the Lincoln tweet headlined, “CNN taunts Trump on July 4 with Abraham Lincoln quote on facts: The post did not mention the President, but it was obvious who it was directed at.”

After receiving an inquiry, Quote Investigator reported that the alleged Lincoln quote was both mis-stated and out of context. It found the old, 1865 newspaper article that related a conversation the reporter had with Lincoln in which he was discussing the public’s war weariness, and apparent willingness to allow the Confederacy to leave the Union. Lincoln, said the reporter, stated that he believed that the public’s opinion was based on misinformation. The full (hearsay) quote: Continue reading

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Bias Makes The News Media Stupid, But It Makes Politicians Untrustworthy Jerks

Dad warned me about people like you, Al...

Dad warned me about people like you, Al…

The Stupid: Journalists

Let me begin by saying how happy I am that the mainstream news medias “fake news” gambit, where it attempted to blame President Trump’s election on ridiculous hoax stories spread on social media to distract from its own biased, dishonest and incompetent reporting, has blown up in its metaphorical face like those Acme booby traps do to Wile E. Coyote.

Here’s a new and especially stupid example of the biased, dishonest and incompetent reporting, although “dishonest” wasn’t in play.

The website Pop Suger posted an extremely inept and confusing story concerning U.S. Olympic fencer Ibtihaj Muhammad, who made history in the 2016 Olympics as the first female Muslim American to medal for the United States and the first American to compete in the Games wearing a hijab. The site and the reporter signal their untrustworthiness and Bias Makes You Stupid (BMYS) credentials by writing of the controversial immigration halt Executive Order,

“The executive order blocked thousands of refugees, immigrants, and visitors from seven predominately Muslim countries from entering the United States before it was struck down by a judge many days later.”

No, you ignorant dolts, the order was not and has not been “struck down.” It has been subject to a temporary restraining order, which is absolutely not the same as being struck down, as any second year law student intern could have told you if you cared more about accurate reporting  than bashing the President.

The story described Muhammad’s statements when she took the stage at a conference last week  and answered a question about the “travel ban” by saying that she had been personally “held at Customs for two hours just a few weeks ago.”  The athlete is not as adept at time sense as she is at her sport, because she eventually had to clarify that “just a few weeks ago” meant “in December.”   The website followed  with an update, but never mind. TIME saw her statement, didn’t check the time frame or notice the update, and tweeted yesterday (remember, the story was clarified two days before, and was wrong to begin with) the headline in TIME’s “Motto.”

“Olympic athlete Ibtihaj Muhammad was detained because of President Trump’s travel ban”

The U.K.’s Independent went with a story titled, “US Olympic fencer Ibtihaj Muhammad says she was detained by Customs after Donald Trump’s ‘Muslim ban.’

The Hill published an article whose opening paragraph read, “A Muslim-American Olympic medalist says she was detained by Customs for nearly two hours without explanation after President Trump’s travel ban was instituted a few weeks ago.”

Sports Illustrated and ESPN also published stories implying that Muhammad’s Customs detention was triggered by Trump’s immigration order,  and other journalists and pundits expressed indignation on social media.

Remember,  Muhammad was detained in December of 2016. Barack Obama was President. Trump’s Executive Order was just a twinkle in his eye. Continue reading

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Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

comey_letter_0_1477662300

From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading

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Unethical Headline Of The Week: Gateway Pundit: No, Conservatives, A Clinton Advisor Did Not “Admit She Hates Everyday Americans”

Nice graphic, Gateway Pundit! Stupid post, though...

Nice graphic, Gateway Pundit! Embarrassing post, though…

Just because progressive blogs are playing this game doesn’t make it OK for you to do it to0.

Here’s the headline, on a breathless post  conservative blogger Jim Hoft:

WIKILEAKS BOMBSHELL: Hillary Advisors Admit She “HATES EVERYDAY AMERICANS”

Now here is the “bombshell”:

hillary-hate-americans-575x371

Continue reading

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Unethical App Of The Month: Peeple

The co-founders of Peeple. I don't care which is which.

The co-founders of Peeple. I don’t care which is which.

(I’m officially adding this as an Ethics Alarms category. I don’t know why it too so long.)

The Washington Post reports that a greedy woman who never heard of the Golden Rule will be launching Peeple, “essentially Yelp for humans,” sometime in November:

“…you will be able to assign reviews and one- to five-star ratings to everyone you know: your exes, your co-workers, the old guy who lives next door. You can’t opt out — once someone puts your name in the Peeple system, it’s there unless you violate the site’s terms of service. And you can’t delete bad or biased reviews — that would defeat the whole purpose.”

Which is what, exactly? To pre-bias all future relationships by making sure they are colored by someone else’s judgment, emotions, or prejudices? Not only should no one want to be rated on such a service, no one should want to use it if they have a brain in their head. (No one should want to use Yelp, either.) Why should my standards, which are unique to me, be suppressed by the standards of other people I don’t know or respect? My ability to trust new acquaintances will be undermined by people I have no reason to trust, since a) I won’t know them and b) I won’t trust anyone so unethical as to smear someone like this.

As for positive reviews, what’s to stop someone from arranging to give positive feedback on a friend in exchange for a return rave? Nothing. The app will pave the way for sociopaths and con artists. Imagine what Bill Clinton’s reviews would look like.

Julia Cordray, one of the app’s founders, tells the Post, “People do so much research when they buy a car or make those kinds of decisions Why not do the same kind of research on other aspects of your life?”

Because it isn’t valid research, you moron. It is hearsay and opinion, neither of which would be admissible in court, for excellent reasons: they are unreliable.

The Post:

“A bubbly, no-holds-barred trendy lady” with a marketing degree and two recruiting companies”—“Trendy lady”? Great, I hate her already—“Cordray sees no reason you wouldn’t want to ‘showcase your character’ online”—I already showcase my character online, thanks. It’s called Ethics Alarms, but the difference is that I really do know myself, and I trust the standards of the reviewer implicitly. They are very close to my own…

“Co-founder Nicole McCullough comes at the app from a different angle: As a mother of two in an era when people don’t always know their neighbors, she wanted something to help her decide whom to trust with her kids.”

There we go. With any luck, there will be a few good, whopping law suits for defamation that will either reduce the user base of this App From Hell to four pranksters and a few mean and bored seniors with grudges, or drive the Trendy Lady to another scheme to make the world a little more unpleasant. Continue reading

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Incompetent Political Correctness vs. Amy Schumer

That Mel Brooks...what a racist!

That Mel Brooks…what a racist!

If you want a template for the argument that comedy and jokes should not tread outside the thick, forbidding red lines of political correctness, you cannot do better than the Washington Post op-ed titled “Don’t believe her defenders. Amy Schumer’s jokes are racist.” Two professors, Stacey Patton and David J. Leonard, made the argument that Schumer’s humor is racist, and did so in as forceful terms possible. For example, they write:

 Racial jokes allow white America to claim that race no longer matters, even as there’s talk whizzing in every direction about how blacks and Latinos are outbreeding whites, are criminals and welfare queens, are “stealing jobs” and victimizing whites through affirmative action policies and denying them the right to use the n-word. Comedy allows these comforting ideas to be shared with a built-in defense mechanism that protects white innocence. 

America’s soil of racism is fed by jokes and incendiary speeches, by stereotypical images and symbols like the Confederate flag. Just as Rush Limbaugh,  Donald Trump and other members of the Republican Party regularly disparage people of color and claim they are simply telling the truth, Schumer can use comedy as a protective shroud to deny the harm and hurt caused by her jokes. A joke is considered benign especially when told by a supposed white liberal feminist. We can distance ourselves from the anger, from the harm, from the ideology, and from the hatred of the “extreme,” but also find comfort in the same anger, ideology  and hatred that is “just a joke.”

The abuse heaped on Schumer, a young, clever, rising comedian that I only recently became aware of because of her hilarious—filthy, but hilarious—parody of “Twelve Angry Men,” is breathtaking. She is called the equivalent of Donald Trump (who himself is misrepresented as a racist who believes all Mexicans—he said some illegal Mexican migrants—were criminals and rapists); she is declared complicit in the Charleston shootings and the creation of Dylann Roof, encouraging gun purchases generally, and “a worldview that justifies a broken immigration system, mass incarceration, divestment from inner city communities, that rationalizes inequality and buttresses persistent segregation and violence.”

This is why Mel Brooks says that “Blazing Saddles” couldn’t be made today.  His brilliant seventies Western spoof, which many, including Brooks, believe is the funniest film ever made (I’d pick “Animal House,” but he’s not far from wrong) was immediately recognized as a devastating attack on racism, despite its frequent use of the word “nigger” and its employment of almost every black stereotype for maximum comedy effect. Schumer is no Mel Brooks, but her audiences aren’t stupid either. They understand that she, like Brooks, is spoofing both the stereotypes and the people who believe them, as well as properly zinging the individuals who craete the stereotypes by their own conduct. There is nothing racist about that at all, unless one has embraced the current, floating, broad and infinitely flexible definition of “racist,” which is whatever a progressive or African American critic thinks will be most harmful to his or her target at the time.

The reason “Blazing Saddles” was understood to be satiric and beneficial to the cause of racial understanding forty years ago, and Schumer’s far less harsh humor is being attacked now is simple: race relations are worse today, thanks to people like Drs. Patton and Leonard, who I would have banned at the box office if they ever tried to buy a ticket to a comedy I was directing, and civil rights establishment that has decided that hyping eternal victimhood is the way to power and wealth.  People like this are incapable of humor, because they have to analyze whether they should laugh before they do laugh. To them, Popeye and the Road Runner encourage violence, Eddie Murphy’s Gumby impression furthers racial stereotypes, and Woody Allen’s movies are anti-Semitic. I’m sure they find Mel’s “Hitler on Ice” completely bewildering.

The Post apparently invited the two clueless political-correctness obsessed academics to write this drivel. Asking them to write about comedy is like inviting  Mike Huckabee to analyze the rhetoric of Dan Savage (and vice-versa). In other words, it was a set-up.

Debra Kessler explored the origins of this strange essay on the comedy website The Interobang.

I spoke with The Washington Post‘s Outlook Deputy Editor Mike Madden …. “This is not the opinion of The Washington Post,” Madden told me, “this is the opinion of a couple of contributors to The Washington Post.”  Of course both articles are editorials and newspapers print conflicting editorials all the time.  But even op-ed pieces are edited and selected and subject to internal guidelines and even op-ed pieces enjoy the weight of The Washington Post banner– one which has a history of protecting journalistic expression feverishly.

Kessler also talked to Stacey Patton, who told her that the Post solicited the piece, and had to persuade her to write it. Apparently they couldn’t persuade her to write it fairly, responsibly, or competently, however:

Dr. Patton said a few things that surprised me. For starters, she said she’s not a specialist on comedy or humor. While she does enjoy comedy (she likes George Carlin, Richard Pryor, Martin Lawrence, the Queens of Comedy, and Bill Maher among others), she told me that watching comedy isn’t something she gets to do often. In fact, before the ‘Schumer issue’ came up, she had never seen Amy Schumer perform stand up, and she had never seen Schumer’s Comedy Central television show. Even more surprising, she said she didn’t watch any of Amy’s performances or shows while writing the article, not even as background for the piece. Her judgement was based on what she read, presumably in The Guardian, which had just published an article accusing Schumer of “having a blind spot for race.”

The Interrobang: Have you ever watched Amy’s television show… in preparation for the article?
Stacey Patton: Nope. Not at all.
The Interrobang: Her stand up set[s]? have you ever watched any of them?
Stacey Patton: Nope. None of them.

Wow. Continue reading

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