integrity

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 →

Ethics Quiz: Branding Ethics And The Weinstein Scandal [Updated]

/ Jack Marshall / 151 Comments

I’m lounging in Richmond’s wonderful Jefferson Hotel, watching the hilarious and despicable parade of actors, actresses and Democrats—Hillary, the Obamas–rushing to condemn Harvey Weinstein now that his use to them is probably ended, and they see safety in numbers. Many of their statements—I was just listening to Mira Sorvino—mouth the same platitudes about how “this is no longer conduct that can be tolerated”—pssst: It was never tolerable behavior; your industry and colleagues just tolerated it anyway—and how it is essential that such sexual predators be stopped—pssst again: why didnt YOU do anything to stop it?– while saluting the courage of victims who come forward, without any adequate explanation in many cases of why they, or others, didn’t come forward for years and even decades while  other actresses were victimized and even raped. (The alleged rape total is now up to three.)

Angelina Jolie said today that she was harassed by Weinstein a decade ago, decided not to work with him, and “warned other actresses she knew not to do so as well.” This dovetails nicely with another harassed non-reporting actress’s tale, that of Gwyneth Paltrow—years late, of course, that she was attacked by Weinstein, and her boy friend at the time, Brad Pitt, confronted him. Presumably Pitt also later  knew about Jolie’s experience,being married to her and all. Brad Pitt was afraid to expose Harvey Weinstein? Sorry, I don’t believe it. I don’t believe George Clooney’s statement either, or long-time stars like Glenn Close. I also don’t understand Paltrow, whose father was himself an influencial producer. Her father wasn’t willing to stop Weinstein? Why not?

[CORRECTION: an earlier version of the post conflated Sorvino with Paltrow. Thanks to Spartan for the alert.]

This was a conspiracy of silence, abetted by Weinstein’s wallet. As long as he was a useful ally to ambitious actresses willing to exchange their ethical duties as citizens and human beings for parts and pay-offs, and liberal politicians employing wilful ignorance to keep money flowing to their campaigns and causes, Weinstein had a free pass to molest and abuse, and knew that he had a free pass.

The posturing by so many powerful people who could have made Weinstein a pariah at any time—but just not during the current campaign at the time, or while the latest promising Miramax project was being produced—is nauseating.  Even if one excuses the struggling starlet—and I don’t, not when she’s struggling and afraid, and definitely not years later, when she knows what happened to her is still going on but she’s now a Hollywood power herself—there is no way to excuse the community. This isn’t sort of like inner cities that have a “no snitch” culture that allows crime, drugs and murder to rot everything while innocent victims are terrorized, it is exactly like them. Victims still have ethical duties as citizens and human beings. Of course it’s hard. If being ethical was easy, we wouldn’t have to keep talking about it.

Of course, the most complicit of all may have been Harvey Weinstein’s business partners, including his brother. There is no reasonable possibility that some, most, or all of them didn’t know that their meal-ticket was a sick, sexual predator. Certainly Weinstein’s brother, now running The Weinstein Company. Now I read in the Wall Street Journal before me that the company is planning on rebranding, taking the Weinstein name off of the company. The idea is that after a few successes and maybe some convenient amnesia,  people will begin trusting the company again. Hey, let’s call it “Trust Entertainment”! (That’s my idea, not theirs.)

Your Ethics Alarms Ethics Quiz of the Day:

Is this ethical? Continue reading →

Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

/ Jack Marshall / 84 Comments

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading →

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

/ Jack Marshall / 21 Comments

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…”

/ Jack Marshall / 26 Comments

Michael R. has been a stand-out commenter at Ethics Alarms since the blog’s inception. He also has been missing in action for more than a year. Thus it was a pleasure not only to see him back on the field of ethics battle, but arriving with a Comment of the Day. Michael takes off from the discussion of the national reaction to Stephen Paddock’s puzzling rampage to examine the state of trust in our society. Here is his Comment of the Day on the post, Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…

I think the worst part of the aftermath of this tragedy is I don’t know who to trust. Should I trust reporting on this event that comes from CBS after their vice president announced on social media that she had no sympathy for the victims because many were Republicans? When President Obama tweeted “A violent felon can buy the exact same weapon over the internet with no background check, no questions asked.” — @POTUS #StopGunViolence”, the media fact-checked this and stated it was ‘mostly true’, so should I trust any of them? What news outlet can I trust to give me a truthful account of what happened?

Should I trust the FBI? James Hodgkinson was a member of numerous anti-Republican newsgroups (like “Terminate the Republican Party”), believed Donald Trump was president because of Russian collusion, took photos of the baseball field after the New York Times published an article on where and when the Congressmen would practice as well as the fact that there would be little security, traveled to the D.C. area and was living out of his van right next to the baseball field for days before the attack, Googled “2017 Republican Convention” hours before the attack, and asked “Is this the Republican or Democratic team?” before firing on the Republican Congressmen. This man shot up a bunch of Congressmen and what did the FBI say about all this? They said that Hodgkinson “…had no target in mind” when he shot them, that they didn’t know who he planned on targeting, and that he may have just “happened upon” the baseball game and “spontaneously” started shooting. Should I trust the FBI on this one? All the information at the beginning of this paragraph was from the FBI and the latter part is the conclusion they drew from the info. The FBI also said they didn’t wiretap Trump Tower, then admitted that they did…at least twice. Continue reading →