integrity

On “Whataboutism”

/ Jack Marshall / 12 Comments

“Shut up! How dare you point out my hypocritical double standard!”

I am abashed to admit that I read the term “whataboutism” many times without having a clue regarding what it meant. Properly used, the term could have been a useful one. I often wondered what to call it when, say, Newsbusters, would run one of the stories like this one (there have been far worse. but this was the most recent):

FLASHBACK: CNN Didn’t See GOP Winning Governor Races in 2009 As Referendum On Obama

What does CNN’s analysis eight years ago have to do with whether its analysis regarding 2017 election results are persuasive or not? Nothing. It’s a deflection without substance: “Oh yeah? Well, why should we pay attention to your claim that the GOP losing State House races is ominous for the party now when you didn’t say the same thing when Democrats lost elections under Obama?” It makes no sense, especially since those losses were a warning for Democrats, who got clobbered in the 2010 mid-terms.

That’s real “whataboutism”: an intellectually dishonest argument that changes the subject to avoid dealing with the issues. It flourished during the Obama years, especially in the comments on political blogs. Virtually any discussion about Obama’s myriad botches and failures were routinely countered by, “Oh yeah? Well, Bush lied and people died!”

This kind of “whataboutism” involves the use of Rationalization #2, Ethics Estoppel, or “They’re Just as Bad,” and #22 The Comparative Virtue Excuse: “There are worse things.”

The idea, again,  is to avoid honest consideration of fair criticism by pointing somewhere else.

But progressives and liberals are very good at stifling dissent and argument by constricting language and discourse, so now “whataboutism” is increasingly being used to shut down efforts to point out double standards….and double standards, which are reaching plague proportions, must be stopped, and the only way the stop them is to identify them.  Continue reading →

The IRS Scandal: “I’m Sorry!” Is Not Enough, But That’s Apparently All Our Battered Democracy Will Get

/ Jack Marshall / 12 Comments

 

I’ve been holding a draft of this post for two weeks until I calmed down. You should read the first version.

The Treasury Department  agreed to  a “very substantial” settlement covering damages to hundreds of tea party groups following a class-action lawsuit over the obstructive, discriminatory IRS scrutiny they received when applying for tax-exempt status leading up to the 2012 election. According to court documents,  the IRS admitted wrongdoing and apologized for its conduct. The IRS stated,

“The IRS admits that its treatment of Plaintiffs during the tax-exempt determination process, including screening their applications based on their names or policy positions, subjecting those applications to heightened scrutiny and inordinate delays, and demanding some Plaintiffs’ information that TITA determined was unnecessary to the agency’s determination of their tax-exempt status, was wrong. For such treatment, the IRS expresses its sincere apology.”

That’s nice. Isn’t that nice?

The department did not disclose the amount of money handed out to over 400 organizations: “The [Internal Revenue Service]’s use of these criteria as a basis for heightened scrutiny was wrong and should never have occurred,” Attorney General Sessions said in a statement.  “It is improper for the IRS to single out groups for different treatment based on their names or ideological positions.”

Ya think?

The scandal began in 2013, when an IRS official admitted the agency had been aggressively scrutinizing groups with names such as “Tea Party” and “Patriots.” It later emerged that some liberal groups had been targeted, too, but in less aggressive ways and although in far smaller numbers. I hate to be suspicious, but if a Democratic administration’s tax agency agency in advance of an election wanted to hobble Republican and conservative groups, picking out some progressive groups to harass would be the smart move. In “Jack Reacher,” a sniper who wants to kill one target shoots five, so it looks like a random mass shooting. Same theory.

The IRS accelerated its special treatment of conservative groups around 2010, as the election approached, and Tea Party applications for tax-exempt status surged. Some court decisions had eased the rules for tax-exempt groups to participate in politics. Something had to be done, and some obama loyalists in the IRS apparently decided to do it. Or it was all one big misunderstanding.

After the scandal broke, there was a mass exodus from the IRS’s management. Conservative groups sued. Congressional Republicans launched  years of hearings, amid allegations the Obama White House had ordered the targeting. It was a futile effort. In earlier administrations, the news media would have been asking questions. A non-political Justice Department would have investigated hard, but Obama’s Justice Department was entirely constructed to protect the President and Democratic interests. The situation screamed for a Special Counsel. This wasn’t a matter of speculation: Something was rotten in Washington, D.C. A supposedly apolitical agency of the US Government, in advance of a national election with a Democratic President in office, used its power to interfere with the rights of conservatives to organize and participate in the democratic process. If the IRS employees involved were sufficiently partisan—and they were–no explicit orders from the White House were necessary. They knew what to do. Continue reading →

Integrity Check For Saturday Night Live: Time For A Mr. Mike Moment

/ Jack Marshall / 14 Comments

Larry David was the darling of the left-tilting TV audience of Saturday Night Live last year when he became the lovable avatar of Bernie Sanders, a casting no-brainer which, I will remind the assembled, I predicted here well before it became reality. It was also predictable that David, the misanthrope who co-created Seinfeld, was the real life model for funny sociopath George Costanza, and who just returned to HBO playing a fictionalized version of his laughably awful self in “Curb Your Enthusiasm,” would be asked to host the creaky satire show, which he did last weekend.

But THE HORROR! David’s opening monologue was genuine Larry David, as any “Seinfeld” fan would recognize. That show mocked Jews, gays, women, AIDS marches, Puerto Rican Pride Day, old people, disabled people,  ugly babies, Kosher diet restrictions,  dwarves, Kennedy’s assassination and stroke victims, among other topics…in other words, it was intentional political incorrectness as comedy. It should not have been a surprise, then, when David riffed on girl-watching in Nazi concentration camps:

“I’ve always been obsessed with women, and I’ve often wondered if I’d grown up in Poland when Hitler came to power and was sent to a concentration camp, would I be checking women out in the camp? I think I would.However, there are no good opening lines in a concentration camp.”

Then he ventured into the Harvey Weinstein minefield, noting that a lot of the executives being accused of sexual misconduct are, like him, Jews:

“I don’t like when Jews are in the headlines for notorious reasons. I want ‘Einstein discovers the theory of relativity,’ ‘Salk cures polio.’ What I don’t want? ‘Weinstein took it out.’…I consistently strive to be a good Jewish representative. When people see me I want them to say, ‘Oh, there goes a fine Jew for you!'”

Either of these would have been at home on “Seinfeld,” where George once mused about Moses’ nose-picking habits, and enthused about having a prison inmate girlfriend, so he could have sex and ensure that she had to wait until he chose to come back and see her. (She escaped, though…). Ah, but 2017 isn’t the Nineties. Now delicate progressives seek safe spaces, and the only acceptable targets of humor are the rich, whites, males, straights, Christians and conservatives. And Donald Trump, of course. The rest is hate speech. Taboo. “We–the Virtuous Collective of the Left— are not amused.”

Social media erupted with condemnations of David for daring to be unfunny on Saturday Night Live. For perspective, consider that SNL has sometimes gone years without being funny. Salon pronounced him “out of his depth and out of his time.” How dare he make a Holocaust jokes “when an era when anti-Semitism is surging in the United States”? (Any guesses whether Salon would similarly object to anti-Republican jokes when GOP Senators are being shot at, and mugged by their Socialist neighbors?) He hasn’t “moved with times,” tut-tuts that arbiter of hilarity, Salon.  After all, “Blazing Saddles” isn’t funny any more. “The Producers” is offensive, with all those Hitler jokes. How dare “Airplane!”make fun of black dialect , seek (and get) laughs with a stereotypical gay character, or show African natives instinctively dunking the second they touch a basketball? That’s not funny! You aren’t allowed to laugh at that, Comrade. Watch it! Because we are watching you.

Now, calling the President of the United States a cockholder and suggesting that he wants to have sex with his daughter, THAT’S funny.

Check the rule book.

At the Washington Examiner, Tom Rogan has the right and ethical perspective:

At The Atlantic, Professor Jeremy Dauber wailed that David thought comedy was acceptable “after Charlottesville.” Dauber continued, “David’s invocation of the concentration camp on Saturday as a kind of peekaboo provocation … might ring particularly hollow in an America where neo-Nazis march openly on the streets and white-nationalist memes proliferate online.”

“Might ring particularly hollow” are the operative words there. Dauber encapsulates the Left’s new reflex that if some words might offend someone somewhere, they should not be said.

I believe the opposite is true. Humor is supposed to be unrestrained and, if a comedian so desires, uncomfortable. Whatever our particular personal views, we’re lucky to live in a society in which humor is defined by the humorist not the humorless hordes. So yes, some might be offended to see Larry David make concentration camp jokes or urinate on a picture of Jesus (that one made me uncomfortable) or have a Jewish boy knit a swastika.

I say too bad. The beauty of humor in a democracy is that it’s always those who laugh who matter most.

Bingo. I don’t care if you find something funny: if I find it funny, that’s all that matters….and vice versa. Moreover, if the Left abandons humor (unless it is politically weaponized, like the tediously redundant  all-anti-Right-hate-all-the-time  late night talk shows and  cable shows), humor is doomed. Comedians and comics have almost entirely arisen from the liberal side of the ideological spectrum. A funny conservative is as rare as a popular ethicist.

Thus the attack on David for telling the kinds of jokes Larry David tells creates an integrity test for Saturday Night Live. A commenter named Michael Bauer told  the New York Times that “Mr. David’s comments were completely unfunny and embarrassing, not only to Mr. David but also to the show’s producer, Lorne Michaels, and everyone associated with ‘Saturday Night Live.'”

Really? Really? This was the show that once, in its greatest years, featured the intentionally tasteless and blackest of black humor-obsessed Michael O’Donoghue. The ultimate O’Donoghue gag was a trilogy of sick  bits he performed as “Mr. Mike” to end SNL shows spaced over several weeks. In the first of them, he announced that he would do an impression of nice guy daytime talk show host Mike Douglas, with a twist:

Michael O’Donoghue: ” We all love Mike Douglas, of course. And I was watching Mike’s show this afternoon, and  a funny thought occurred to me. I thought, what if someone took steel needles, say, um, fifteen, eighteen inches long — with real sharp points — and plunged them into Mike Douglas’s eyes. What would his reaction be? I think it might go something… like this …

Then he removed his glasses, pocketed them, and turned around, in the fashion of celebrity impressionists from time immemorial, paused, and suddenly  began screaming and writhing on the floor.

TV critics, many of them, were not happy. The show and NBC received complaints. Cruelty, after all, isn’t funny. (I loved it.)

To their undying credit, SNL, Lorne Michaels, and O’Donoghue doubled down. A couple of weeks later, “Mr. Mike” was introduced again, again at the end of the show. This time, he was ushered on  by two attractive young African-American women in gowns: Continue reading →

Ethics Dunce: Donna Brazile, But Not For The All The Obvious Reasons…

/ Jack Marshall / 23 Comments

“Now, it’s my understanding that as a CNN contributor, you won’t make me follow any of that ethics crap, right, Jake?”

In her new book, “Hacks: The Insider Story of the Break-ins and Breakdowns That Put Donald Trump in the White House,” Suddenly Ethical Donna Brazile takes a moment  to slam Jake Tapper because he harshly criticized her after a leak reveealed that she had used her CNN position to procure debate question and pass them along under the table to Hillary. (Of course, if Clinton had any integrity, she would have refused—what am I SAYING?).

She wrote,

“The next day, even Jake Tapper took a swing at me, calling me unethical and ‘journalistically horrifying’ during a radio interview with WMAL even though I worked for CNN as a commentator not a journalist.When I called him on this, he did not apologize. His attack on me was really about him. He wrote in an email, ‘I don’t know what happened here except it undermines the integrity of my work and CNN … you have to know how betrayed we all feel.”

OH! Donna was a contributor, not a journalist! That changes everything! So as an individual who was contributing to a journalism product, as well as paid to do so, and being relied upon by journalists in a journalism-supplying entity to inform their audience honestly regarding what journalism covers by definition, Brazile as a paid contributor should not have been expected  not required to tell the truth, be fair, maintain standards of integrity, state her biases and conflicts up front, or indeed engage in ethical conduct at all!

Is that the new definition of what “contributor” means? Boy, I think CNN needs to clarify this; I always assumed that if a network employed a “contributor,” that individual was being presented as someone who would be held to the same standards of professionalism as other on-screen employees. Continue reading →

Morning Ethics Warm-Up, 11/3/17: Democracy Dies In Darkness Edition

/ Jack Marshall / 62 Comments

GOOD MORNING!

1 Related to the previous post is the fact that the President of the United States should not be recommending the death penalty for anyone before they are tried and fund guilty beyond a reasonable doubt, even vile terrorists who attack and kill children. Yet President Trump did this in his usual impulsive, infuriating fashion. It is not the first time he’s crossed this separation of powers line, either: his comments also caused problems in the prosecution of deserter Bowe Bergdahl,

The gratuitous interference with the justice system by premature pronouncements of guilt and deserved execution serve no purpose; the President is just grandstanding. President Obama made premature  comments on unresolved legal matters several times too; he did it more articulately, of course, but he still did it, and he’s a lawyer. Is this particularly stupid conduct “Presidential” now?

2. Speaking of the concept of presumed innocent until proven guilty: I wonder if there has ever been anything in U.S. history as widespread, unfair, and vicious as the assumption by so many in the public and the news media that the President of the United States engaged in criminal acts to steal an election—without any evidence whatsoever. It is like a mass delusion, and all, as far as I can see, because of three factors: past business dealings with Russian entities (which is not illegal) by many of Trump’s associates; Trump’s Trumpish and obviously facetious call on the campaign trail for Russia to reveal Hillary’s (illegally) spoliated emails, and the accusation from Clinton and others that Russia’s interference—you know, with brilliant, persuasive internet ads—explained Hillary Clinton’s loss and made Trump’s election “illegitimate.”

I had another conversation with a friend about this yesterday. He’s just certain that Trump did something illegal. What? He doesn’t know, but he’s sure. Why is he sure? because it’s Trump, that’s why, and because my friend still can’t believe that the man could have been elected without some kind of conspiracy. It’s stunning, and the news media is fanning these flames of delusion. Here’s a post on the Daily Beast; the title: “The Rise of George Papadopoulos, a Trump Adviser Who May Kill Trump’s Presidency.”

The title is blatantly dishonest ckickbait: I clicked. It’s out there for people like my Trump-Hating, Trump-Fearing friend, who reads this and thinks, “Yippee! My wait will soon be over!” Would you like to guess at how much factual support is revealed for the conclusion that Papadopoulos “may kill Trump’s Presidency’? None. Absolutely none. An equally accurate headline would have been, “The Rise of George Papadopoulos, a Trump Adviser Who May Eat a Honda,” or “The Rise of George Papadopoulos, a Trump Adviser Who Could Be  A Concert Cellist If He Practiced Really Hard.”

This is unethical, but it’s also nuts.

3. According to Newsbusters, who obsesses over such things,  neither ABC, CBS, nor NBC covered Donna Brazile’s explosive accusation yesterday that Hillary Clinton and her campaign bought the Democratic National Committee and rigged the nomination process. There is no excuse for this; it is a dereliction of journalism ethics and the profession’s duty to the public. There is also no benign explanation for it. It was obviously the top story of the day, and one with great national and civic significance. Newsbuster’s typical assessment:

“The reason the networks wanted to keep Brazile’s findings secret was simple: They didn’t want to ruin their narrative that Clinton was a pure angel who was a victim of Donald Trump and Russian collusion”

That seems harsh, but it’s not unfair. What other explanation is there? They just somehow never got the memo? They really believed that more coverage about how three Mueller indictments unrelated to illegal Russian contacts by the Trump campaign mean there were illegal contacts with Russia by the Trump campaign?  They have decided to prove, once and for all, that the news media is totally corrupt and biased? Hillary Clinton has bought the networks too?  What then?

4. I have to admit: this makes me angry, and it’s pretty unusual for ethics stories to make me angry. I’m not angry at the networks—disgusted, yes; saddened that our democracy, which can only be healthy with objective, competent journalism informing the public, is endangered, but not angry. Not after all this time: it was clear beyond debate that journalism had become largely partisan Democratic Party and progressive propaganda at least by the 2008 election. I’ve been documenting it, as have others. It’s not my imagination. Yet regular commenters on this blog, people of intelligence and (usually) honesty and perception, have protested that this just isn’t true, that the problem is MY bias.

There have been so many smoking guns that show the news media’s flagrant bias and news manipulation that if you gathered them all you could film Stephen King’s “The Mist” without any dry ice, but these people keep denying it.  PBS allowing Gwen Ifill to moderate the 2008 VP debate while she had a book at the publishers celebrating the election of Barack Obama?  Conflict of interest? What conflict of interest? CNBC’s prosecutorial GOP debate moderation? Eh, it wasn’t so bad, and besides, those bastards deserved it. Blaming the Tuscon shootings on Sarah Palin and Rush Limbaugh? OK, the media got carried away, and what about all those guns? The Boston Globe’s fake news front page about the dystopian hell of a Trump Presidency? Oh, it was just a joke! Newsweek sending out an edition announcing that Hillary was elected? Anyone can make a mistake! The New York Times announcing that it was now its duty to defeat Donald Trump? Well, he’s a special case! News anchors looking, sounding and acting as if their parents had just died of Ebola while announcing the 2016 election results? Come on! They’re only human!

CNN’s April Ryan screaming, “Is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong?” at Sarah Huckabee Sanders on live TV…the nearly total embargo on the Madeleine Leader story–still!—in the non-conservative media…there are hundreds and hundreds—thousands—of equally damning examples, and yet progressives and Democrats who I—we, all of us— should be able to trust as responsible citizens, Americans and ethical human beings  continue to refuse to say, “OK, I agree, this is a catastrophe, and we have to do something about it.”  And because they won’t, and don’t have the integrity to do it, the news media feels vindicated and empowered to continue spinning, lying, manipulating and refusing to practice honest journalism, as responsible citizen civic participation becomes literally impossible.

Yes. It ticks me off, and it ought to tick off everyone. And the fact that it doesn’t also ticks me off.

5. I’m going to say it: every American, liberal, conservative, moderate, should fall on their knees and thank the ghost of that creep Roger Ailes for Fox News.

Yes, it’s a sexist, misogynist, sloppy news network, and yes it employs shameless hacks like Sean Hannity, and yes “Fox and Friends’ is the worst TV abomination since “My Mother The Car,” and yes yes yes its Republican bias is persistent and palpable, and yes I’m still boycotting it as I have for almost two years. Nevertheless, if it were not for Fox, many genuine, imprortant stories the rest of the news media didn’t want the public to know about would have been successfully buried. That was the original justification for the establishment of Fox News, and it outweighs all the other flaws and garbage. Democracy DOES die in darkness, as the Washington Post, so often a purveyor of darkness in recent years, has the chutzpah to say, and without Fox it would be a whole lot darker than it is.

Morning Ethics Warm-Up, 10/23/2017: Oh, Lots Of Stuff…

/ Jack Marshall / 86 Comments

Let’s clear the runway; flights are being delayed…

1 Please, somebody do me a favor and read Fattymoon’s Medium piece  on why he doesn’t comment here any more. Let me know what it says. I don’t know if it’s another “I hate Jack” web piece, but I have feelings too, and miles to go before I sleep. He should have posted it here, and assuming it is as quirky and thoughtful as many of Fatty’s posts were, I might have made it a Comment of the Day. Posting it elsewhere without a heads up is a Golden Rule breach.

2. Jamelle Bouie’s racialist demagoguery in Slate is an ongoing embarrassment to the once readable web-mag, and in a recent exchange on Twitter, he showed that he’s not too quick on the uptake either.  Tweeting about the planned hit job on the President plotted by Rep. Wilson and an angry, grieving anti-Trump Gold Star wife. Bouie wrote,

“Trump and the White House have an unmistakable pattern of going after prominent black women.”

Quick! Hands: who believes that if the Democratic Representative who accused the President of being  insulting on his condolence call had been a white male, Trump would have behaved any different? Anybody? This is Bouie personified: he will engage in race-baiting no matter how forced, unfair and absurd it is.

I’m not a Ben Shapiro fan, but the conservative pundit knows a hanging curveball in his wheelhouse when  he sees one. He responded,

“Yes, McCain, Hillary, Barack Obama, Cruz, Jeb!, Rosie O’Donnell, Kim Jung Un are all black women”

And he didn’t even mention Bob Corker!

Exposed, owned, embarrassed and squashed, a wiser, smarter progressive would know enough to shut up and allow his idiocy to be gently wiped from cultural memory by the sands of time…like in about ten minutes. But no, Bouie shoots back,

“Nice. A retweet from Honest Conservative Ben “The genocide of Native people’s was Actually Good” Shapiro”

YES! A perfect example of a real, genuine, ad hominem attack, the kind that says, “I have no rebuttal for your devastating argument, so I’m just going to say that you’re personally horrible, so your arguments don’t count.” I’ve gotten so sick of explaining to commenters that their accusations of ad hominem are mistaken and ignorant that I put a warning in the Comments guidelines. “Your argument is idiotic, so I think you are an idiot” is not ad hominem (not nice, but not ad hominem). “You’re an idiot, so your argument must be idiotic” is ad hominem. Now I have a perfect example–from an editor at Slate! (If you think ad hominem  is logical, then you are unqualified to be an editor, even if you aren’t a race-baiting anti-white bigot.)

Not surprisingly, Shapiro knocked this one out of the park too, tweeting,

“Thanks for the ad hominem non sequitur, guy who says every Trump voter is an evil racist”

3. If there was any doubt that John McCain’s recent escalation of his anti-Trump, burr-under-the-saddle, “I’m going to make you rue the day your denigrated my prisoner-of-war heroism” campaign is personal and motivated by revenge, his gratuitous swipe at the President’s deferment from the draft almost 50 years ago should eliminate it.  That is personal, it is a cheap shot, it is intentionally disrespectful, and it is deliberately throwing raw meat to the President’s enemies.

It is also a Golden Rule breach: how would McCain react if Trump referenced the Keating Five scandal just to impugn McCain?

A lame duck who may well be dying, McCain has apparently decided that he can misbehave, settle scores, and undermine his party’s President with impunity. Somebody should tell him that he is dismantling his own reputation and legacy in the process, revealing himself as petty, vindictive, and willing to place his own vendetta over national interests and his duty as a U.S. Senator.

This is one more reason that he should resign.

4. While we are mentioning embarrassment, it appears that the news media is not yet embarrassed by treating as substantive news the self-evident set-up and subsequent escalation of a non-incident into another manufactured anti-Trump race scandal . It should be.  Imagine: yesterday all of the Sunday talking head shows gave far more time to this transparent hit-job than to the revived Russian influence allegations involving the Clintons. ABC and NBC have yet to mention that story at all; CBS, five days after it broke, gave a few seconds to it on “Face the Nation.” The excuses for this from journalists sound an awful lot like “Hey! We buried this story once; she shouldn’t have to report on it now.” FACT: As of this moment, there is more public evidence suggesting that Hillary Clinton was colluding to help the Russians than there is to suggest that President Trump did anything improper in that regard.

Back to the Rep. Frederica Wilson smear-job: The Congressional Black Caucus  called for Chief of Staff John Kelly to apologize for his remarks defending the President.  “We, the women of the Congressional Black Caucus, proudly stand with Congresswoman Wilson and demand that General Kelly apologize to her without delay and take responsibility for his reckless and false statements,” the female lawmakers said in a statement.

The wife of the late La David Johnson, meanwhile, has been making the rounds of talk shows. To recap: a woman who was determined to hurt Trump made sure that a Congressional Black Caucus member who had boycotted the President’s Inauguration was listening in on his condolence call, then collaborated on accusations of disrespect. When Trump denied their characterization–at best an example of likely confirmation bias if there ever was one —he was accused of racism, since both women are black. Then other members of the Caucus expanded the attack to Trump’s Chief of Staff, implying that he is racist as well.

This might have been a bit more convincing if the entire Caucus hadn’t declared their revulsion at Trump before he took office. Who believes that any criticism from this quarter is anything but cynical, political, and unfair? Meanwhile, as this was going on, esteemed CBC member Maxine Waters declared that she was going to “take out” the President, presumably not meaning that they were going on a date.

I note that even many of my Democratic, anti-Trump Facebook friends are rolling their metaphorical eyes at this one. Some of them—many, in fact— are still capable of feeling sympathy when a President is being mistreated.

5. I’ve been getting better at suppressing my head explosions, and just in time: Harvey Weinstein has supposedly completed rehab for his sex addiction already. What was that, less than a week? What an insult to everyone’s intelligence for Weinstein to say he was getting “help” for his “problem.” It couldn’t have been too much of a problem if it could be fixed in few days. The other side of the ethics coin is this: going into rehab has been the routine PR response whenever a Hollywood figure misbehaves. We should thank Harvey for making it clear for all time that this is often, perhaps usually, a cynical sham. Continue reading →

Dear Lisa Bloom, You Unethical Hack: Stop Making Me Defend Kathy Griffin!

/ Jack Marshall / 16 Comments

I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.

Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.

Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo,  to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still  does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.

Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:

[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa  Bloom was demeaning to head-explosions. I concur.]

The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy.  I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading →

From The Moral Luck Files: Searching For The Tipping Point On Robo-Umpires

/ Jack Marshall / 5 Comments

Tonight the MLB play-offs end, leaving us with a World Series featuring either the Yankees against the Dodgers (tell me how that one turns out), or the Houston Astros against the Dodgers, which is better. My wife’s wish for a blown ball-strike call so obvious and outrageous as well as game-deciding that baseball resolves to let computers police the strike zone did not, alas, occur.

This did, however:

In the top of the eighth inning of a crucial  Dodgers-Cubs NLDS game, Dodger batter Curtis Granderson struck out. The pitch hit the dirt, and Cubs catcher Willson Contreras, as the rules require when a strike isn’t caught cleanly, tagged Gunderson for the final out of the inning. Granderson argued to home plate umpire Jim Wolf that his bat had made slight contact with the ball. It  didn’t. The replay showed that his bat missed the ball by at least four inches.  Nonetheless Wolf, after conferring with the other umpires agreed that the ball was a foul tip. Gunderson’s at bat was still alive.

Cubs manager Joe Maddon rushed out to argue the call and was ejected. Meanwhile, the Cubs big video screen in centerfield showed the replay, as the crowd booed. The umpires  deliberately did not look at the Jumbotron. After the game, Wolf watched the video and told reporters that he had indeed, as everyone already knew, blown the call.
Continue reading →

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

/ Jack Marshall / 31 Comments

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading →

Ethics Dunce: The NAACP. A Really Bad One…

/ Jack Marshall / 31 Comments

The NAACP, once a heroic and invaluable champion of civil rights, has apparently completed its devolution into a hyper-partisan, race-baiting collection of venal, divisive  hacks. It has been said that every cause inevitably becomes a racket, and the NAACP is now a prime and tragic example.

How do we know this? We know this because the organization has called the decision (finally) by Dallas Cowboys owner Jerry Jones to command his player to stick to what they are paid for—football and only football—when they are on the playing field, and to stand for the National Anthem “a public commitment by an NFL owner to violate his players’ Constitutional right to free speech.”

This is more than merely ignorant, though if genuine the statement would be unforgivably ignorant for a civil rights organization: a civil rights organization that doesn’t know what civil rights are and what the Bill of Rights means is useless as well as without credibility.

That, however, is impossible. The NAACP has lawyers; their lawyers aren’t idiots. They know that the First Amendment has no relevance or connection to the silly NFL players’ kneeling stunt during the National Anthem. The lawyers had to have informed the NAACP leadership of this, as if that was necessary, which it almost certainly was not. The leadership has to know better than to make this junior high school level civics mistake. No, in this case the NAACP is lying. It is deliberately misinforming the people who depend on it to lead on civil rights, and who trust the organization to be able to support its position with facts and law. It is doing this to inflame passions and worsen the racial divide. What other reason could there be? Continue reading →