1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:
“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”
Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.
(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)
1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!
The mystery to me is why current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.
Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…
“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”
Yet on “The Wendy Williams Show” this week, Couric “explained”…
“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”
Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.
2. Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like the air traffic controllers strike in 1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.
Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective? What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.
This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading →
New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse. Luckily, Franco had an excuse, or so she thought. She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.
Let’s call this particular social media gaffe Ferris Bueller’s Mistake. For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that. There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.
Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the false itinerary.
Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading →
When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.
Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.
But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading →
It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…
1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.
[Pointer: valkygirrl]
If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”
2. And this has to do with “collusion” how? The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.
1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” ‘If you havenothing to hide,you havenothing tofear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.
To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”
This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly ‘If you havenothing to hide,you havenothing tofear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example:Continue reading →
When I pointed out this morning that by Sean Hannity’s own description of his relationship to Trump fixer Michael Cohen, he was Cohen’s client, several commenters protested, including a lawyer or two. This suggests that many more were similarly confused, and it is no surprise. A disturbing number of lawyers fall into the trap of acquiring “accidental clients.” There are many ways this can happen, but the most insidious of them is this, which people like me constantly and repeatedly warn lawyers about, often to no avail.
A relative or a friend approaches you, a lawyer, at a party. He or she asks you a question about some legal issue, and you give an off-the-cuff answer. Because you are a lawyer, and because you gave advice, however vague, that individual accepts it as a free legal opinion, and also assumes that the conversation was confidential. Usually nothing happens. Sometimes, however, the friend or relation acts based on your advice. If the results turn out badly, he or she may sue for malpractice, and sometimes will win damages. In an infamous case that is still good law, an individual went to a medical malpractice specialist to engage him to sue a hospital. After describing the facts, the potential client was told, “You have no case,” and informed that the lawyer would not accept the representation. But the individual relied on that statement, and didn’t bring a suit until the statute of limitations had run. Then he learned, from another lawyer, that he did have a valid case, though one he could no longer pursue. The first lawyer was sued for malpractice, and the court found that indeed “You have no case” constituted legal advice, and the advice was relied upon, meaning that an attorney-client relationship had been formed. Continue reading →
1 The blacklisting of R. Lee Ermey. Ermey, the ex-Marine turned actor who gained fame playing a Marine drill sergeant in “Full Metal Jacket,” died this week. I had thought he might already be dead, since I hadn’t seen him show up in movies or TV shows for quite a while. No, it appears that he was blackballed by Hollywood after he criticized President Obama in 2010, while he was being hired with some regularity. Speaking at a Marine Corps Reserve’s Toys for Tots rally, he said it was difficult to raise money for the charity because “the economy sucks” and went on to blame the Obama Administration, saying,
“We should all rise up, and we should stop this administration from what they’re doing because they’re destroying this country. They’re driving us into bankruptcy so that they can impose socialism on us, and that’s exactly what they’re doing, and I’m sick and damn tired of it and I know you are too.”
Ermey’s agent and the sudden reduction in his offers persuaded the tough Marine to beg for forgiveness with an abject apology for daring to critique Obama so harshly. Never mind: His contract as a GEICO character was terminated, and the company removed Ermey’s commercial from their official YouTube channel. He later told interviewers that he had been blacklisted by Hollywood, and that he never had major film offer after he criticized Obama.
Observations:
a) I wonder when fair, decent, ethical Americans who believe in freedom of thought and expression will become sufficiently alarmed about progressives and Democrats using blacklists and boycotts to enforce ideological conformity. This increasingly totalitarian end of the political spectrum needs to be informed that its ethics alarms are seriously malfunctioning.
b) Actors identified with products and companies cannot complain when they lose those jobs after making divisive political comments. If Ermey wanted to do commercials for anyone other than the NRA, his comments about Obama were just plain stupid.
c) As an actor in films, however, Ermey played villains and parodies of military characters. His political views in those contexts should have been irrelevant, and certainly wouldn’t harm receipts for movies he was in. If he really was blacklisted, it was an act of punishment for refusing to accept the Hollywood community’s lockstep worship of a weak and divisive President.
d) In contrast, recall this public rant from actor Robert DeNiro in January regarding the current President of the United States:
“This fucking idiot is the President. It’s The Emperor’s New Clothes – the guy is a fucking fool. The publication of the Pentagon Papers was a proud moment for American journalism. The Times and the Post challenged the government over critical First Amendment issues. And the press prevailed. Our government today, with the propping-up of our baby-in-chief – the jerkoff-in-chief I call him – has put the press under siege, trying to discredit it through outrageous attacks and lies.’
I don’t think Bobby has lost any roles over this. To be fair, if there is a place where The King’s Pass, aka “The Star Syndrome,” rules supreme, it’s Hollywood. A major star like DeNiro obviously has more leeway than a narrow-range character actor like Ermey, and Ermey had to know that. Still, the double standard is striking. Continue reading →
1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:
“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”
The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.
MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.
Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?
What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.
2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading →
1 A Comment Of The Day. I apologize to Aleksei for not devoting a full post to his excellent commentary, but the posts have been more than a little Parkland Shooting Freak-Out—yes, that is what it is—heavy of late, so I’m highlighting his comment here. I’m also going to torment my temporarily reason-deficient—for that’s what they are—Facebook friends by quoting it.
So I went to the Boston “March for our lives” as an educational thing, because I’ve never been to one of these, and I wanted to talk to people about why they were marching. I am on the pro-gun side. The signs they had definitely were variations on what Jack has provided here. The sign with the kid in the subway car, that’s actually the Boston Red Line.
This march was definitely an emotional thing, because of the 10+/- people I spoke with, nobody was very knowledgeable on guns, gun laws, background checks, what is an assault rifle, the failings of government in the Texas church shooting, the Parkland shooting, etc. On average, older people were more willing to have a longer conversation. On average, younger people were more irritated with me, once I told them what side of the issue I am on. I was polite and respectful, so there was never a brawl or anything.
I talked with the college girls with one of the more egregious signs ( “2nd amendment = white supremacy”) and they gave me the whole systemic racism shtick. They also had NRA = terrorism. They said the NRA buys politicians. I gave a counter example, that Planned Parenthood donates a lot of money too, where I was cut off immediately and told, that’s different, they’re not murderers, and it’s nowhere near what the NRA gives. [ Ethics Alarms note:This is not accurate.] Another woman I talked with, late 20’s maybe, told me how could I look into the eyes of children that are scared for their lives and not do something. I told her that it saddens me that kids are scared, but it saddens me more that the police failed, the school failed, and the FBI failed in Parkland. She didn’t rebut me and I wished her a good day.
I also was surprised when some young people asked me, if I don’t agree with the march, what am I doing here? I told them that this is a free country, I can be here if I want and that I can speak with other fellow Americans, even if we don’t agree on everything. On a positive note, people told me they appreciated my desire to hear the other side and learn more. It was an interesting experience, but like Jack said earlier, it was a “scream at the sky” fest. Also, the chants were boring. “Hey, Hey, NRA, how many kids have you killed today”, “What do we want? Gun Control! When do we want it? Now!”, “No more guns! No more guns!”, and so on and so forth. I want to say there were more women, there were families with children, which also had signs, people from kindergarten age to old age pensioners.
Observations:
Bravo for Aleksei, and anyone else who had the patience to do this. My aversion to protests,demonstrations and rock festivals. along with the brian-numb, herd-like vibe the emit. goes back to my teens. I just couldn’t do what he did.
Can’t somebody write some new protest chants? Do the chanters know that recycling Vietnam peace chants just reinforces the belief that this is all generic generational bitching, and more reflex that thoughtful? If I hear “Hey, Hey” in a demonstration, it only makes me giggle. A friend in college would react to these chants by raising his arm in a protest fist gesture and shouting “Right arm!”
