lies

Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 199 Comments

President Trump on Tuesday fired the director of the FBI, James B. Comey today. Rod Rosenstein, the new deputy AG who replaced Sally Yates, prepared a memo that recommended the firing, and Attorney General Jeff Sessions concurred.

Ethics Observations:

1. Here’s how the New York Times described the firing in its story’s opening sentence:

President Trump on Tuesday fired the director of the F.B.I., James B. Comey, abruptly terminating the law enforcement official leading a wide-ranging criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election.

That’s pretty despicable, and as blatant an example of intentional negative spin as you are likely to see, even from the Times. There were so many justifications for firing Comey that the mind boggles. Attaching the act to the one elicit reason for firing Comey is just yellow journalism, and nothing but. The Times is really a shameless partisan organ now.

2. Should Comey have been fired? Of course. He didn’t have to be fired, but to say that at this point he was not trusted by either political party and was widely viewed as incompetent would be an understatement  The fact that his testimony before Congress last week was not only riddled with errors, but riddled with errors that made headlines, was reason enough to fire him.

From the Washington Post:
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Ethical Quote Of The Month: Jake Tapper

/ Jack Marshall / 17 Comments

“Hillary Clinton today accepting full responsibility for the election loss, except for the part when she blamed Comey, Putin, Wikileaks, misogyny, and the media.”

—-CNN’s Jake Tapper in his show intro yesterday, referring to Hillary Clinton’s comments at the Women For Women lunch in New York while being interviewed by Christiane Amanpour.

Bravo, Jake.

What prompted Tapper’s stinging irony was Clinton ‘s first one-on-one interview with a journalist, CNN anchor ( and fan) Christiane Amanpour, since she lost the 2016 election. The setting was a Women for Women International event in New York. Clinton discussed the 2016 election, and framed her answers regarding the stunning loss with this…

“Of course. I take absolute personal responsibility. I was the candidate, I was the person who was on the ballot, and I am very aware of the challenges, the problems, the shortfalls that we had.”

You keep using that word. I don’t think it means what you think it does. Continue reading →

Jesse Waters Reminds Us That The Misogynist Culture At Fox News Is A Lot Deeper Than Just Roger Ailes And Bill O’Reilly [UPDATED]

/ Jack Marshall / 53 Comments

On the Fox News show “The Five,” in the course of a discussion of Ivanka Trump’s appearance at a conference in Berlin where  she was jeered  for defending her father’s record of supporting women, Fox News commentator Jesse Watters made the following comment in reference to the photo above:

I really liked the way she was speaking into that microphone.

Nice.

The degree to which Fox News is definitively exposed as a sexist, oppressive environment catering to over-aged sniggering frat boys where professional women both betray their gender and their self-respect by accepting paychecks to be abused, ogled and hit upon is inversely proportional to the time it takes for the network to fire this toxic asshole.

He made a fellatio reference regarding the President’s daughter, on the air, smiling broadly.  [Absurdly, news organizations are writing that “some commenters” are “interpreting Watters’ comment as a sexual innuendo.” Right: the commentators with eyes, ears, brains and integrity who aren’t paid by Fox News.] Then, after the predictable negative response (although Fox hosts apparently assume that all of their viewers are both mentally challenged and have been frozen in glaciers since 1956). Watters lied brazenly, telling BuzzFeed: “During the break we were commenting on Ivanka’s voice and how it was low and steady and resonates like a smooth jazz radio DJ. This was in no way a joke about anything else.”

Sure, Jesse. So now we know you think we’re all stupid, and you’re a disgrace to your profession. Continue reading →

Ethics Quiz: Lying To The Dying, Or Trump Derangement Meets “The Magnificent Seven”

/ Jack Marshall / 31 Comments

In “The Magnificent Seven,” the original classic, not last year’s disappointing re-make, Harry Luck (Brad Dexter) had always been convinced that the real reason the Seven had agreed to help a poor Mexican village fight a predatory bandit band was because the town had a secret treasure to share. (It didn’t.) Harry refuses to join the rest as they make one desperate effort to help the farmers, then at the peak of the gunfire gallops back into the village to join the battle–and is promptly shot. Dying, he begs Chris (Yul Brenner) to confirm his suspicions…

Harry Luck: Chris… I hate to die a sucker. We didn’t come here just to keep an eye on a lot of corn and chili peppers, did we? There was something else all along, wasn’t there?

Chris: Yes, Harry. You had it pegged right all along.

Harry: I knew it. What was it?

Chris: Gold. Sacks of it.

Harry: Sounds… beautiful. How much?

Chris: At least a hundred and fifty.

Harry: My cut would have been what?

Chris: About seventy thousand.

Harry: I’ll be damned. (He dies)

Chris: Maybe you won’t be.

Today’s news has another story involving lying to a dying man, a really stupid story.

Michael Garland Elliott, 75,  died of congestive heart failure in his Oregon home ,surrounded by his caregivers, neighbors and friends.  Right before the end, his ex-wife,spoke with him over the phone from her home in Austin, Texas.

She told him that President Trump had been impeached.   “I knew it was his very, very last moments,” Teresa Elliott told reporters. “I knew that would bring him comfort and it did. He then took his final breath.”

Your Ethics Alarms Ethics Quiz of the Day is…

Is it ethical to lie to dying friends and loved ones?

Continue reading →

Comment Of The Day: “From The Ethics Alarms ‘Do The Ends Justify The Means?’ Files: The Breast Cancer Survivor’s Inspiring Scam”

/ Jack Marshall / 10 Comments

Glenn Logan took off from the post about Paulette Leaphart’s self-promoting breast cancer awareness 1,000-mile walk and CNN reporter Jessica Ravitz’s strangely equivocal exposé to muse on the toxic influence of social media. It’s a great post, as usual for Glenn, and I’m especially grateful because I’m behind on posts today but I have an ethical obligation to watch the Red Sox Opening Day game. (Pirates-Red Sox tied 0-0 in the 5th.)

Here is Glenn Logan’s Comment of the Day on the post “From The Ethics Alarms “Do The Ends Justify The Means?” Files: The Breast Cancer Survivor’s Inspiring Scam”:

This is yet another social media-driven disaster. We have proven ourselves unable to handle the medium, either as consumers or producers of content. In the grand scheme of things, social media has probably been the vehicle for more scams, dissociation from the real world, submersion into self-congratulatory alternate reality, fake news, and general mayhem than any innovation in my memory.

I have occasionally referred to Twitter as “the Devil,” and my loathing for Facebook knows no bounds. I still use it once a week or so just to check on friends and family (for which it is at least useful), but 99% of my input to Facebook consists of “Happy birthday, (first name here). Many happy returns” or to message Jack a link. No Luddite I, as I have been using the Internet since the early 1990’s Usenet days, and Linux as my primary operating system since 1997, so technology and I are old, old friends.

But the temptation of social media to generate attention in the name of good causes is, to me, the lesson here besides the obvious ethical wreckage caused by “the ends justify the means.” Many of us see the apparent benefits of fame, and want our 15 minutes of it very badly, usually for entirely selfish reasons. When we can achieve that in the name of a good cause, it becomes all the more insidious as a rationalization for otherwise self-serving and dishonest behavior. Continue reading →

From The Ethics Alarms “Do The Ends Justify The Means?” Files: The Breast Cancer Survivor’s Inspiring Scam

/ Jack Marshall / 14 Comments

At one point, profiling the double-mastectomied Paulette Leaphart’s 1,000-mile walk from  Mississippi to Washington, D.C….topless…CNN reporter Jessica Ravitz writes,

“If even one woman’s life was saved thanks to a conversation Paulette started, wasn’t that enough? So what if our hero was flawed?”

Oh, no: the “just one child/just one life” rationalization again! (Which, I now notice, isn’t on the Rationalizations List, and it should be.)

Ravitz writes this to begin a long, detailed, infuriating narrative about the well-publicized and much-hyped crusade of Leaphart, whose journey, displaying her scarred chest,  was to ostensibly demand more funds for cancer research cure and  better and more affordable health care. She said she was a champion for women without breasts “to believe in their beauty and be proud of their strength.”

“By showcasing and embracing her scars, she hoped to inspire others to do the same,” Ravitz writes. “Her journey was bold, visual, moving. It offered a hero to admire and, given Paulette’s audacious decision to walk shirtless in the face of strangers, a rich spectacle to witness. It spoke to African-American women, who face the highest breast cancer mortality rate. It inspired legions of survivors. And it spoke to many who’d lost someone to the disease.”

Ravitz is conflicted, clearly, as she tells the complicated story of the woman whose official cause is admirable, but whose motives are murky, and whose credibility is non-existent. While explaining the mounds of evidence she uncovered that the woman has a record of deception, venality and financial flim-flam, that she sees the long walk as a ticket to fame and cash, and that she has lied and fabricated aspects of her ‘inspirational story” repeatedly while the efforts of journalists to pin her down. Yet Ravitz still ends up by  being wishy-washy and equivocal:

“There’s no way to measure how much of a difference Paulette Leaphart made in shaping the conversation about cancer in this country. She touched many minds and hearts, but whether she did so in the most honest and transparent way remains questionable.”

What? There is nothing questionable about whether Leaphart has been honest and transparent—she hasn’t. Ravitz documents her deceptions impressively. She lied about her cancer treatment. She lied about her eligibility for Medicaid and financial resources. She lied to a documentary team that had arranged to follow her, leading them to end the relationship. She lied on her Facebook page, representing her health travails by using the experiences of a friend. Her unguarded comments suggest that she began the walk as a way to make money for herself as well as research. She accepted contributions under false pretenses.  Yet the journalist still seems to want to say that all of this doesn’t matter,  if some good resulted from it: Continue reading →

Comment Of The Day: “President Trump Will Not Throw Out The First Ball Of The Baseball Season”

/ Jack Marshall / 27 Comments

The post about how the Democratic hate-mongering campaign against President Trump has stopped him from continuing the century old tradition of POTUS symbolically signalling the beginning of the baseball season with a ceremonial first pitch inspired another Comment of the Day from Steve-O-in NJ, on the related topic of jerks.

Part of his commentary below evokes TV comics, who, as he notes, have become entirely one-party, partisan shills, and if that leaves humor in the dust, so be it.

Last night, reacting to news that Ivanka Trump would be an unpaid but official advisor to her father, Daily Show host Trevor Noah  played a clip of an old interview with Ivanka by Leslie Stahl, in which the First Daughter answered a question about whether she would be active in the administration, saying,

“Um no, I’m going to be a daughter.”

“And a liar!” quipped Noah. HAHAHAHAHA! Isn’t that funny? HAHAHAHAHA! He’s a vile, unfunny,  dumb partisan hack. What she said wasn’t a promise, and it wasn’t a pledge. Even if it was uttered by Ivanka under oath, it couldn’t be called a lie, or even hypocrisy, unless there is reason to believe that she said this knowing it wouldn’t be true. Proof, please, Mr, Noah, you asshole.

That’s what she thought was the case then; now conditions have changed, and she decided to do something else.  If a woman, say, Ivanka Trump, said on TV, “I’m going to marry Trevor Noah,” and then, having seen what a miserable jerk he is on TV, decided not to marry him, would that mean she was lying when she said she would? Do these relentless leftist hit-comics —Bee, Oliver, Maher, Colbert, Kimmel, et al, or the right-oriented…wait, there are no right-oriented comics—have any integrity at all? Decency? Or a dictionary?  The people who find Noah’s attack on Ivanka hilarious are the same people who were glad she was harassed on an airplane, and who organized a boycott of her products. You know. Jerks.

Mega Jerk Noah then detoured into news that former South Korea President Park Geun-hye would be jailed for corruption. “Wow, a president impeached, removed from office and thrown in jail. Imagine that,” said Noah, “No, no, seriously, let’s all close our eyes and imagine that.”

I have Facebook friends who issue bile like this every day. It is simply, clearly, hate-mongering, citizens wishing ill on their nation’s leader, making two party government impossible, and fanning the flames of social unrest while proclaiming their own bias and ignorance. They want to jail the President of the United States because he beat their corrupt, incompetent candidate. Stalin would be so proud.

These are friends of mine, but their conduct is detestable and loathsome.

But I digress. Here is Steve-O-in NJ’s Comment of the Day on the post, President Trump Will Not Throw Out The First Ball Of The Baseball Season:

Someone compared me to Mr. Hyde or a werewolf, so I have to make sure I’ve taken my potion before I respond. Unfortunately, the jerks win a lot more than a lot of us would like to admit, as every kid who took the long way home to avoid the class bully, every girl who didn’t attend dances because she was marginalized by the queen bees, and three quarters of people who quit jobs (75% of resignations are due to not getting along with one’s immediate supervisor) can testify to. In the past the grown-up culture of this country had moved past jerkiness, now it thrives on it.

Part of it is the ease with which now anyone can say anything about anyone and have it cross cyberspace in the blink of an eye. Not only that, but now anyone with a couple of apps or Photoshop (if you spring for it) can easily make anyone look bad or create an image that can’t be unseen (I just got Photoshop, and a friend who serves me in the same role as Jiminy Cricket warned me to use it wisely and NOT to combine my photographic and rhetorical skills to cook up tasty, quickly digestible morsels of hate, bias, or disdain) . However, just because you can do something doesn’t mean you should.

Continue reading →

20 Ethics Observations On The President’s Charge That Obama Tapped His Phones

/ Jack Marshall / 49 Comments

In the first week of March, in the midst of the over-blown flap regarding Attorney General Jeff Sessions’ two meetings with the Russian ambassador, President Trump issued arguably his most explosive  tweet yet:

“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!.

Later, he  tweeted,

“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”

It has been more than a week, and we know only a little more about what prompted this extraordinary accusation than we did then. However, there are some relevant ethics point to be made. Here we go…

1.  It is irresponsible and unpresidential to issue tweets like this. It is also unfair. If the Trump administration wants to make a formal complaint, charge or indictment, or announce an investigation, it should be made through proper channels, not social media. That stipulated, he will not stop doing this, and at some point we will have to accept it. Is this how Presidents communicate? It is now.

2. Thus the tweet is unethical even if it is true. However, the fact that it is unethical, or that Trump the Liar sent it, doesn’t mean it is untrue. An astounding number of pundits and journalists have made exactly that assumption, proving their bias against the President and their knee-jerk defensiveness regarding former President Obama.

3. The tweet cannot be called a “lie,” and anyone who does call it a lie based on what is known is revealing their confirmation bias.

4. One more point about the tweet itself: the fact that it has a typo and the level of articulation of the average 9th grader is itself an ethics breach. The President should not sanctify carelessness, or seem to embrace it. He is a role model.  Nor should a significant charge be written in haste, as this obviously was.

5. There seems to be a significant possibility that the President was trolling. Having had enough of the months long, absolutely evidence-free news media and Democrat innuendos that his campaign was coordinating election tampering with the Russians, he may have decided to make a sensational, unsubstantiated charge of his own to get the Russian hacking speculation off the front pages. If it was trolling, it was excellent trolling. The McCarthyism purveyors  deserved it; the accusation was a deft tit-for-tat,  one of the President’s favorite rationalizations.

6. As an example of what Trump has been and is being subjected to, we have Rep. Keith Ellison, vice-chair of the DNC.  He told Alisyn Camerota on CNN’s “New Day last week,”

“This is stunning when you think about it. Far worse than Watergate, when you believe a hostile foreign power engaged in an attempt, and with the collusion of the sitting administration to manipulate an election.”

By sheerest moral luck, Camerota that day was feeling ethical, so she actually corrected a Trump-basher from her own party, said, “Well you don’t know that,” and pointed out that there is no evidence of collusion.

“I’m not saying there was collusion, I’m saying those meetings indicate that there could be, and I think that needs to be investigated,” Ellison then said, immediately after saying there was collusion.

These are awful, vicious, conscience- free people who subcribe to total political war and the ends justify the means. They are trying to bring down an elected government without winning an election. Even that does not justify treating them unethically, BUT… Continue reading →

Ethics Quiz: The Fate of Rachel Dolezal

/ Jack Marshall / 20 Comments

dolezaltoday

I hope you remember Rachel Dolezal, the former NAACP branch president who falsely claimed to be black, double-talked and lied about her racial origins, and was defended by the “race is just a social construct” crowd on the left, as part of the same ideological fantasy that holds that a man can be a woman by just deciding that she is one. Ethics Alarms discussed her strange story here, here, and here.

Following her 15 minutes of fame, Rachel was somehow unable to manage a book contract or a speaking tour, perhaps because she is a walking, talking Achilles heel for several beloved progressive myths, Now she’s jobless and living on food stamps, and facing foreclosure and expects to be evicted next month.

“There’s no protected class for me,” she told The Guardian. “I’m this generic, ambiguous scapegoat for white people to call me a race traitor and take out their hostility on. And I’m a target for anger and pain about white people from the black community. It’s like I am the worst of all these worlds…I do think a more complex label would be helpful, but we don’t really have that vocabulary. I feel like the idea of being trans-black would be much more accurate than ‘I’m white.’ Because you know, I’m not white.”

Of course, she is.

Dolezal says she’s been rejected for  over 100 jobs. She has had offers on the freak show circuit,  in porn and reality TV. But Dolezal is not uneducated or dumb. Surely there are many jobs that she could perform, and well.

Your Ethics Alarms Ethics Quiz Of The Day is this…

Would you hire Rachel Dolezal?

Continue reading →

The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

/ Jack Marshall / 64 Comments

kellyanneThis post is one I do not want to write, and the fact that I have to write it is profoundly depressing. It requires me to criticize, indeed blow the whistle on,  professional colleagues in the fields of law and ethics, some of whom I know and admired very much, as well as fellow members of the District of Columbia Bar. Some of these colleagues are also members, like I am, in a distinguished association dedicated to the field of legal ethics. A superb book on the topic by one of the professors involved  sits in a prominent place in my office bookshelf.  I can see it right now.

Yesterday evening, I learned that a group of fifteen law professors and lawyers have filed a professional misconduct complaint against White House Counselor Kellyanne Conway, claiming that she violated the Rules of Professional Conduct for attorneys by giving false statements to the media. The fifteen signed the complaint, which was filed with the D.C. Bar’s Office of Disciplinary Counsel. When I read the names, signed on a statement printed upon the official stationery of Abbe Smith, a distinguished full time professor at my alma mater, (and where I worked in the administration for four years), Georgetown University Law Center, my heart sank. While I did not need to read the whole complaint to know it was contrived and intellectually dishonest nonsense, I did, and it fulfilled my worst fears. The anti-President Trump hysteria that has caused so many previously fair and rational citizens on the Left to behave atrociously and to betray their previously held values has officially infected lawyers in the legal ethics field. They are now riding the rails on the 2016 Post Election Ethics Train Wreck.

To be absolutely clear and unambiguous: the complaint is a political attack, and a cheap shot at the President of the United States through his staff. There is no merit to any of its contentions.

The professors claim that they were “compelled” to file the complaint because D.C. Rule of Professional Conduct 8.3 (a) requires that

“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

They are either addled by partisan political animus or lying, because there is no way, no way, these fifteen professors could know that, or even validly conclude it, based on what they have written in the complaint. To call their accusations against Conway a stretch is to be too kind. They are forced, exaggerated, trivial and manufactured. From what I have read in past commentary and opinions of several of them regarding other matters of lawyer misconduct, I have serious doubts about whether they believe them. I know that’s a serious charge, but I see no other explanation, other than temporary insanity.

To begin with, Kellyanne Conway is not working in a legal position in Trump’s White House. She is Counselor to the President, not White House Counsel. The President and Conway may choose, for his protection, to treat her non-legal policy advisor position as a legal representation, but the fact remains that she is not providing legal advice and services, only policy-related ones. Now, lawyers can violate D.C. Rule of Professional Conduct 8.4, Misconduct, while not engaged in the practice of law, but unless the conduct involved is criminal or displays “moral turpitude” sufficient to call into question the lawyer’s fitness to practice the likelihood of the conduct being regarded as sanctionable by the Bar is vanishingly slim.

From everything I can determines, Conway, though she is a member of the New Jersey Bar and an inactive (she needs to pay back dues and take my mandatory D.C. Bar ethics course before she can practice) member of the District Bar, has not practiced law in more than 20 years. She has been a pollster, an activist, a flack and TV personality as well as candidate  Trump’s campaign manager, but none of her professional profiles refer to her as a lawyer. The complaint alleges that Conway “engage(d) in conduct involving dishonesty, fraud, deceit, or misrepresentation” in breach of D.C. Rule of Professional Conduct 8.4 (c), and did so while not engaged in the practice of law.  In order to bring down the wrath of the Bar, such conduct must be extremely serious, criminal or bordering on it. Rule 8.3 “limits the reporting obligation to those offenses that a self–regulating profession must vigorously endeavor to prevent.” What kind of non-law-related “offenses” must “a self–regulating profession…vigorously endeavor to prevent”?  It is well established that questionable statements that an individual with a law license utters in the course of political activity and advocacy is not such conduct. Continue reading →