integrity

The New York Times, And The Consequences Of Forfeiting Integrity

/ Jack Marshall / 20 Comments
It was between Janus and the Four Season's song. "Two Faces Have I..."

It was between Janus and the Lou Christie song “Two Faces Have I…”

It would be extremely beneficial for the culture and enlightened civic discourse if there were a trustworthy, reliably objective observer with integrity and intelligence to provide fair, forceful pronouncements on the political controversies of the day. Such an observer would have to be seen as free of partisan and ideological bias, or at least show signs of actively trying to counter their effects. This, of course, is the idealized concept of what competent and ethical journalism is supposed to provide, and to the extent that any journalism organization was deemed capable of providing it, the New York Times was it.

Yesterday, the Times editors published an editorial called “The Stolen Supreme Court Seat” that was so partisan in tone and inflammatory, not to mention ridiculous, in content that it could only be taken as a biased political screed. Worse than that for the long term, however, is that the piece decisively disqualifies the Times as an arbiter of complex national issues whose judgment can ever be trusted as genuine and persuasive.  Many will argue that the Times’ biases have been blatant and unrestrained for many years, and this is true. That New York Times editorial may not be the first smoking gun, but it is the smokiest yet.

Do recall that Ethics Alarms substantially agreed with the Times in its main point that the Republican Senate’s refusal to hold hearings and consider President Obama’s nomination of federal judge Merrick Garland to fill the Supreme Court seat vacated last year with the sudden death of Justice Scalia was unethical:

“For Senate Republicans, holding hearings on President Obama’s qualified and moderate nomination for the Supreme Court is both the ethical course and the politically smart course. It is also in the best interests of the nation. In fact, the Byzantine political maneuverings by the President and the Republican leadership, by turns petty and ingenious, have handed Republicans a political chess victory, if only they are smart enough, responsible enough, and patriotic enough to grab it. Naturally, they aren’t.”

Note: unethical, but not illegal or unconstitutional. By using the inflammatory term “stolen” implying legal wrong doing, the Times intentionally adopted the language of political hacker, and Democratic Party talking points. Strike One: You cannot be trusted as objective and non-partisan when you intentionally endorse partisan rhetoric: Continue reading →

“If That Was Transparency, Then I’m A Kumquat” And Other Reactions To Josh Earnest’s Multiple Unethical Christmas Quotes

/ Jack Marshall / 13 Comments

This morning, Obama Administration paid liar Josh Earnest spoiled my Christmas mellow by telling CNN’s alleged news media ethics watchdog Brian Stelter that there’s really “no constituency in American politics for transparency in government beyond journalists,” as he deflected Stelter’s accounts of journalists complaining about administration foot-dragging on Freedom of Information Act requests. Then he really curdled the ethicist’s eggnog by saying,

“If this constituency of journalists are gonna be effective advocates for the issue that they care about, they need to remember that they have a responsibility not just to criticize those who are not living up to their expectations. Any activist will tell you that the way that you get people to support you and to support your cause is to give them credit when the credit is due, to applaud them when they do the thing that you want them to be doing.”

Finally, Earnest molded my mistletoe by claiming,  “President Obama has been the most transparent president in American history.”

Stelter, of course, being an incompetent, biased and unethical news media ethics watchdog, did not interjection with the mandatory, “WHAT??? You’ve got to be kidding! HAHAHAHAHAHAHAHAHA ACK! ACK! ARRRGH! and drop dead in shock.

That statement is fake news if anything is, rivaling the news media lie that that the Obama years were devoid of major scandals. Before we begin shooting fish in a barrel and deal with that brazen-beyond-belief spin, let’s pause to consider the other stunner in Earnest’s Christmas morning performance:

1. What does Earnest mean that journalists are the only constituency for transparency? Does the Obama administration, and by extension Democrats, really believe that the public doesn’t mind being lied to? If so, that explains a lot, including the nomination of Hillary Clinton.

2. Journalists are not supposed to advocates and activists at all. They are supposed to be devoted to communicating facts and the truth.

3. Is Earnest saying that when a President generally defies a pledge of ethical conduct, he should nonetheless be praised when he doesn’t defy that pledge, and that journalists should highlight the Administration’s rare examples of  transparency while ignoring the overwhelmingly more copious breaches? It sure sounded like it.

That brings us back to the mind-melting quote that this has been a transparent administration by any definition of the word other than “not transparent at all.”

This episode from 2011 nicely encapsulates the issue:

“President Obama was scheduled to receive an award from the organizers of the Freedom of Information Day Conference, to be presented at the White House by “five transparency advocates.” The White House postponed that meeting because of events in Libya and Japan, and it was rescheduled…That meeting did take place – behind closed doors. The press was not invited to the private transparency meeting, and no photos from or transcript of the meeting have been made available. The event was not listed on the president’s calendar…Nor is the award mentioned anywhere on the White House website, including on the page devoted to transparency and good government. Were it not for the testimony of the transparency advocates who met secretly with the president, there wouldn’t seem to be any evidence that the meeting actually took place.”

That’s right: Obama wasn’t transparent about a transparency meeting. That same day, Obama went on TV  and tried to explain why he hadn’t been transparent to the U.S. Congress about his military plans in Libya.  Shortly after that, news leaked that the Fed had secretly sent billions in loans to foreign banks during the financial crisis.

Ah, memories! On his second day on the job, January 21, 2009, that…President Obama famously pledged, in one of his first memos to federal agencies

“We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.”

He may be right about that last part, or maybe he discovered that it was naive and impractical dream. Under no circumstances, however, can it be said that Obama’s administration was transparent. An exhaustive list is impossibly, long, but here is an incomplete  sample just from the posts in Ethics Alarms: Continue reading →

Are No Professions Safe From The 2016 Post Election Ethics Train Wreck? Now Even Restaurant Critics Have Gotten On Board!

/ Jack Marshall / 10 Comments

circus-train-wreck

As a professional ethics specialist, I find the enthusiasm with which alleged professionals have used the election of Donald Trump to excuse their abandonment of such ethical values as fairness, responsibility, respect and citizenship deeply discouraging, and I am seriously considering becoming a beachcomber. I already knew that the journalism profession no longer could distinguish ethics from a hairy crab, so this wasn’t too surprising, nor was it too much of a shock that the New York Times has become a non-stop anti-Trump fear-fest and rant machine. Let’s see, in today’s edition alone  there is a hit piece on Trump advisor Steve Bannon called “Bannon’s Coriolanus Rewrite,” then  “Donald Trump’s Racial Ignorance,” “Where the Right Went Wrong,” (an amazing title, given the current balance of political power after Hillary’s botched campaign), “How the Truth Got Hacked,” “Is Democracy in Danger?” “Trump, the Russian Poodle,” and “Is This Collective Trauma?” The  last, I guess,  explains why mass trauma is inevitable for progressives, moderates and “Never Trump” Republicans when “the political order they long took for granted — defined by polarization, yes, but also by a commitment to basic principles of democracy and decency — is suddenly gone.”  One would almost wonder from that sentence which side of the political spectrum is calling for armed insurrection, pre-inaugural impeachment, and the overturning of the election results. The Times is also a showcase for columnists whose minds have snapped like dry branches in the wind,  causing them to leap manically onto the Trump Hysteria Express. Economist Paul Krugman has long been a hyper-partisan scold for whom fairness is alien territory, but this tweet was spectacularly vicious even for him:

“Thought: There was (rightly) a cloud of illegitimacy over Bush, dispelled (wrongly) by 9/11. Creates some interesting incentives for Trump.”

An ethical newspaper wouldn’t want someone capable of such a comment working for it.

Many broadcast journalists were stunningly unprofessional, indeed amateurish, on election night. Martha Raddatz choked up with emotion reporting Clinton’s loss; now there’s an objective reporter. Rachel Maddow described the evening as a “nightmare.”

Education has been racing journalism to the ethics barrel bottom for years, but I did not expect universities to send such intimidating messages to their students that they were expected to either be in mourning or on the verge of emotional breakdowns because the Democrats lost. Once, higher institutions of learning aimed to teach students critical thinking skills so they could make up their own minds regarding civic affairs. High school administrators and teachers also forgot their duties, and allowed students to skip school because, you know, TRUMP!!!!, and “ARRRGHHHHH!!!!”

Lawyers have lost their ethical bearings, of course, as have law professors, with perhaps the best example of the latter being the Georgetown Law Center adjunct who claims that the Constitution is unconstitutional, because following it will elect Donald Trump. My law alma mater isn’t faring too well in the train wreck: another professor, Paul Butler, argued that Supreme Court justices shouldn’t normally attack a President Elect, except when it’s Donald Trump.

Other academics have disgraced themselves. A prominent historian, for example, even resorted to making up history to provide an excuse for Democrats losing to such a horrible creature. Professor Larry Lessig of Harvard Law, who heads an ethics institute there, is encouraging electors to be “faithless,” as in “double-cross the voters who elected them.” Some ethics institute you have there, Harvard!

Artist, actors and show business professionals have debased themselves even more than usual, beginning with the Broadway cast of “Hamilton’s” breach of the Performer’s First Commandment: DON’T ABUSE THE AUDIENCE. They have even started turning on each other: Jon Voight, whose sin was that he expressed support for the man elected President, was booed at recent awards show by his fellow actors. Nice.

But as bad as this has been, I didn’t expect food critics to be corrupted. Continue reading →

Ethics Alarms Presents “Fake News” Friday! Episode I: Poynter’s Code of Principles

/ Jack Marshall / 7 Comments

fake-news-sites

Poynter is a serious and justly respected  nonprofit school for journalism and journalism ethics organization. Naturally, it has been drawn into the “fake news” debate, which is unfortunate, since the issue itself has arisen not so much as part of a much-need effort to purge the new and old news media of biased and misleading news reporting, but as part of partisan attempt by the mainstream news media and others to find some explanation, any explanation, for Donald Trump’s election that doesn’t involve a genuine public rejection of Barack Obama and Hillary Clinton. Poynter, as far as I’ve been able to determine, is scrupulously non-partisan, or perhaps hides its Democrat tilt better than the rest of its profession. Now it is being used by those who are not so trustworthy.

Poynter was in the news yesterday as a result of Facebook’s announcement that it will start “fact-checking, labeling, and burying fake news and hoaxes in its News Feed. Mark Zuckerberg announced that his social media platform will collaborate with a small list of media organizations, including Snopes, Factcheck.org, ABC News, and PolitiFact to accomplish this, and noted that these are part of an international fact-checking network under the guidance of Poynter.

Here’s a fact to check: Snopes, Factcheck.org, ABC News, the Associated Press, and PolitiFact are all partisan-biased operations to a greater or lesser extent. Facebook itself is a partisan biased organization. That Facebook would blandly cite three of these four to reassure anyone but the Democratic National Committee is proof positive that this is a cynical, untrustworthy exercise. Continue reading →

The Ethics Meltdown Of Elie Mystal Continues

/ Jack Marshall / 36 Comments
Surprise! This isn't MY head exploding. It's Elie Mystal's!

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

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

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

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

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

Bud Selig Is The Barry Bonds Of Baseball Commissioners…So Why Was He Just Elected To The Hall Of Fame?

/ Jack Marshall / 12 Comments
Bud. I had a more descriptive caption, but decided that it wasn't professional...

Bud Selig. I had a more descriptive caption, but decided that it wasn’t professional…

Let me state my bias up front: I detest Bud Selig.

He became Major League Baseball’s first non-Commissioner Commissioner when baseball’s owners decided that Fay Vincent was doing the job of independent, uncorrupted overseer of the game’s welfare and integrity too literally for their tastes, fired him, and installed one of their own. That was Selig, a wealthy auto sales impresario who owned the Milwaukee Brewers and never saw a dollar he wouldn’t debase himself for.

The owners suspected that Vincent, a smart and decent man, might use his power to block the looming baseball labor-management impasse, benefiting the players. They dumped him just in time to give the job to an “independent overseer” who had the Mother of All Conflicts of Interest in the upcoming war: he was management. . Sure enough, under Bud’s fair and balanced leadership, the most devastating work stoppage in baseball history arrived in 1994. It stopped the season late and wiped out the World Series. It killed the Montreal Expos, for all intents and purposes, crushed the baseball card and memorabilia industry (it still hasn’t completely recovered), and nearly sent the sport itself into a death spiral. Baseball was saved, not by Selig, but by a combination of luck, the inherent greatness of the game, and Cal Ripken, who broke Lou Gehrig’s consecutive game streak (I was there to see it!) in the season after the strike to remind fans and the nation of baseball’s glorious past and why they cared about it.

From that point, Selig oversaw explosive growth in the game’s revenues, exposure, merchandising, player salaries and popularity, He shattered a lot of traditions to do it: the elimination of any real distinction between the leagues, expanded play-offs, wild card teams (which I hate, since they allow second place teams to become champions over the teams that defeated them during the season, but then there was the 2004 World Champion Boston Red Sox…) inter-league play, instant replay, penalties for big-spending teams, baseball in November, and more. If you are an ends justifies the means fan, Selig’s your man. He ended his more than two decades as the sport’s top executive with the game stronger and richer than ever.

He did this, however, despite and in part because he quietly enabled the scourge of steroid use among players, permitted cheating to go on right under his nose, and was shocked…shocked! to discover that all those players who began topping their previous best seasons at advanced ages when virtually all athletes go into decline, and all those players who turned up at spring training 25 pounds heavier and looking like Lou Ferrigno, and a few of those players breaking career and season records that hadn’t been approached in decades, were using illegal and banned performance enhancing drugs.  When this dawned on him, two steroid users, Mark McGwire and Sammy Sosa, had shattered Roger Maris’s record for home runs in a season in the same year—what a coinkydink!—and another, the grotesquely inflated Barry Bonds, had not only broken the new record but was on the road to surpass Hank Aaron’s career homer record. Continue reading →

It’s Time For That Exciting Ethics Alarms Game Show,”Spot The Hypocrisy!”

/ Jack Marshall / 29 Comments

time-to-play

Are you ready?

Here comes…

Hypocrisy Challenge I

The New York Times

Like much of the mainstream news media but more so, The New York Times is flogging the “fake news” narrative. In part there is something legitimate to report, as with the crazy conspiracy theory about a pedophilia ring run out of a Washington, D.C., pizza place by John Podesta and Hillary Clinton that culminated in a nut case showing up there with a gun “to rescue children.”  (Most of the “fake news” crisis is really the “Stupid people” crisis.) The media’s excessive enthusiasm and daily fulminating about fake news, however, appears to be a desperate effort to make its own incompetent, inaccurate, slanted and dishonestly selective reporting during the campaign and election just completed appear more palatable by invoking Ethics Alarms Rationalization #22, Comparative Virtue, or “It’s not the worst thing.” This story, for example, was on today’s Times front page, where its headline read, “As Fake New Spreads Lies, More Readers Shrug At Truth.”

Meanwhile, tucked away at the bottom of the op-ed page of the same issue, was this “Correction”:

Because of an editing error, an Op-Ed essay on Friday about Donald Trump’s efforts to keep jobs in the United States misstated the change in auto sector employment in both the United States and Mexico between 2007 and 2015. In Mexico, jobs grew to 558,000 from 405,000, not to 675,000 from 174,000. In the United States, auto jobs declined to 762,000 from 828,000. The article also misstated plans by Detroit car companies in Mexico. Ford and General Motors plan to invest a combined $9.1 billion and hire 12,200 more workers; Detroit car companies are not planning to invest $30 billion and hire 30,000 more workers.

Now…

Spot the Hypocrisy!

Continue reading →

Never Mind “Fake News,” How Do We Protect Ourselves From “Fake Newsweek” And An Industry That Won’t Police Itself?

/ Jack Marshall / 15 Comments

madam-president

From The Washington Examiner:

A Newsweek editor admitted Wednesday that he and other staffers didn’t actually read their recalled commemorative “Madam President” election issue before it was published.

Newsweek political editor Matthew Cooper said Wednesday on Fox News’ “Tucker Carlson Tonight” that the magazine’s issue, which incorrectly anticipated a Hillary Clinton win, was not produced by Newsweek but by a third party.

“Well, no one on our staff wrote that,” Cooper said. “Again, we subcontract out to a company.”

Cooper later stated that  “we did not review it before it went out.”

Carlson, who was aghast, asked at one point what would have happened if the sub-contractor, a hack outfit called Topix Media Lab, had printed “Mein Kampf” in the special edition under Newsweek’s banner.  “That would have been even worse,” answered Cooper. Continue reading →

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

/ Jack Marshall / 30 Comments

lone-juror

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

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

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

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

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

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

Ethics Hero: Bill Lee, “The Spaceman,” An Integrity Exemplar…And I Really Need One About Now

/ Jack Marshall / 16 Comments

bill-lee

If you weren’t a baseball fan in Boston during the Sixties and Seventies you may never have heard of Bill Lee, but if you were, he was an unforgettable and unique source of pleasure. Lee joined the Red Sox in 1969 as a junk-balling left-hander with a hippie streak not previously seen in the sport.  He was prone to say things like, “I think about the cosmic snowball theory. A few million years from now the sun will burn out and lose its gravitational pull. The earth will turn into a giant snowball and be hurled through space. When that happens it won’t matter if I get this guy out.”  The college students around Boston loved him, the old school baseball management types not so much. But he was good, and in major league baseball, good will always trump weird.

Lee was an excellent a reliever for four years before becoming a Sox starter in 1973, then won 17 games that season and the next two as well. The success was secondary for his often-stoned fans than his non-conformist attitude and determination to be himself at all costs. He was well-read, well-educated, opinionated and funny, and at various points in his Red Sox career, wore a gas mask, a coonskin cap and a propeller-topped beanie onto the field. Once, when the umpires refused to halt play in a downpour, Lee came out of the dugout wearing rain gear and carried an umbrella to the mound. This and other exploits caused him to be nicknamed “The Spaceman.”

Twice, once with the Red Sox and later with the Montreal Expos, Lee went on strike, refusing to play to protest the elimination of one of his friends from his team’s roster. The last time he did it, it ended his career.

Lee made up his own rules and principles, so he’s a different kind of Ethics Hero.  Above all else, however, the Spaceman has integrity down to a life-style. When he was at his zenith with the Red Sox, he often said that baseball was a still just a game to him, that it was what he loved to do, and that he didn’t care about the money. He would play baseball for whatever was available, he said, or just for the love of it. My father, who didn’t get Bill Lee, thought he was grandstanding.

He wasn’t. Continue reading →