Morning Ethics Warm-Up, 7/27/18: Welcome Nausea, Disillusionment, Guilt, And Apathy…

Well, it’s morning.

1. Nausea. This is a real headline from this morning’s New York Times:

Truce on Trade Follows Route Obama Paved; Trump Claims Victory in Crisis He Started

Gee, the Times morphed into Media Matters so slowly that I hadn’t noticed!* In fact I had noticed, but that headline is a virtual declaration that the Times is now a fully committed partisan organ of the Democratic Party, and is no longer even pretending to be practicing ethical or objective journalism. Not only does the headline represent opinion rather than reporting, the Times was so desperate to color the story of the European Union tentatively reaching a new trade agreement with the U.S. that it felt it had to project its bias before anyone could read the story.

*With a nod to blogger Glenn Reynolds, who uses this as a regular jibe

2. Disillusionment. Netflix has finally concluded “The Staircase,” the now 13 episode documentary following the bizarre case of novelist Michael Peterson, who was convicted of murdering his wife Kathleen in 2001. Directed by French filmmaker Jean-Xavier de Lestrade, the first eight episodes aired on the Sundance Channel in 2005 and were an immediate sensation. It would be unethical to spoil the story or the documentary for you if you haven’t seen it, but a couple of spoilers lie ahead.

Anyone who continues to argue that it is ridiculous and “treasonous” for anyone to challenge the competence, objectivity, motives and trustworthiness of law enforcement, including the FBI, and prosecutors after watching this horror show has astounding powers of selective outrage.

The series also made me want to throw heavy objects at the TV screen as a result of the lazy, passive, indefensible conduct of the prosecutors and the North Carolina judge, who resided over every iteration of the case for 15 years. Since there was no way a rational jury could find Peterson guilty beyond a reasonable doubt based on the evidence, ethical prosecutors would never have charged and tried Peterson. (A jury finding a defendant guilty on inadequate evidence doesn’t necessarily mean that the case was a just one.) It is especially infuriating for the viewer (so imagine what Peterson thinks) to hear the judge today blandly concede that two controversial pieces of evidence he allowed into the trial were, upon reflection,  unjustly prejudicial, and that he believes that there was ample reasonable doubt for the jury to acquit. Then he tries to make the argument that the “system works” based on a mess of a case and an investigation that still hasn’t explained how Kathleen Peterson died.

It does explain, however, why so many Americans don’t trust the justice system or the alleged professionals who run it. Continue reading

Ethics Dunce: MSNBC’s Rachel Maddow

“Do they teach beauty queens how to apologize? Because you suck at it!”

        —Ed Masry (Albert Finney) chiding Erin Brockavich ( Julia Roberts) in the final scene of the film.

Now substitute “smug, arrogant, incorrigibly biased, anti-Trump MSNBC anchor” for “beauty queens,” and the line is a perfect response to the awaited “correction and apology” from Rachel Maddow for getting the story of the mistranscribed White House transcript of the Helsinki press conference.

I explained the mistake here, and made it myself here, yesterday morning.  The White House did not, as Maddow and others reported, intentionally misrepresent the exchange. The Washington Post clarified what happened. Nonetheless, Maddow and MSNBC dragged their feet in correcting the story, not doing so until 2:45 PM (I updated Ethics Alarms at about 1 pm, the second I read the Post story, and I’m not a full-time news network) and afterwards, here is Maddow’s pathetic attempt to keep spinning…

“This is one possible explanation for why the White House transcript & video from Helsinki doesn’t include Putin saying he wanted Trump to win. But Putin really did say that in Helsinki…..and the White House transcript & video still does leave it out. WaPo now says it has updated its own transcript. Will the White House? After more than a week of reporting on the bad transcript (see link below)…

(1): White House has let it stand uncorrected, and

(2): POTUS now asserts that Putin wants *Dems* to win, not him.

I love WaPo with the heat of 1000 suns, but nothing here from WaPo disproves our report.”

No, it is the explanation, and the Washington Post reporter, Philip Bump,  quickly pointed out Maddow’s dishonesty, writing, Continue reading

Correction: No, The White House Did NOT Try To Airbrush Away A Key Q & A In The Helsinki Press Conference…

 

Call this not “Fake News,” but “Confirmation Bias Leaping To Conclusions News.”

Many sources prone to assume the worst of anything related to President Trump, including MSNBC and my source here, Jonathan Turley, reported  that the White House had intentionally excised a question asked of Russian President Vladimir Putin during last week’s news conference in Helsinki and his answer.  Maddow gleefully reported in her best “gotcha! you bastards!” tone,

“We can report tonight that the White House video of that exchange has also skillfully cut out that question from the Reuters reporter as if it didn’t happen!”

Ah, but the good, MSNBC-allied, “resistance”- friendly Washington Post also had posted the same transcript, and set about putting Maddow et al, straight, as much as it must have hurt.

“No, the White House didn’t intentionally edit a question to Putin out of a video,” explained the Post’s usually Trump-a-phobic Phillip Bump: Continue reading

Sunday Evening Ethics Debriefing, 7/22/18: FISA, “Resistance” Jerks, Translator Ethics And More Problems With CVS

Good evening!

1.  Confirmation bias test? The big news today was that the  U.S. Department of Justice and FBI have released the 412 page FISA application used to gain a Title I surveillance warrant against Carter Page in 2016 while he was working as a low-level unpaid adviser for the Trump campaign. The document is heavily redacted in its more than 400 pages. Carter Page himself—he was never charged or interviewed , which seems rather damning in itself–said today,

“‘You talk about misleading the courts, it’s just so misleading… It’s literally a complete joke.'”

The full pdf is available here.

Once again, it is impossible to tell what is going on by following the news media’s reports. It sure seems, however that once you block out the spinning by the mainstream media, this post regarding Devon Nunes’ much attacked memo on the topic was verified.  Still, I have a low rate of patience for these things, and am not the best interpreter of documents like this, so I am only relying on second hand opinions by others who have plowed through the damn thing. I’ll wait to get some reliable readings.

It seems like the critics of the Mueller investigation and the conduct of Justice and the FBI feel confident that the materials show that indeed the warrants were acquired deceptively, meaning illegally, with the unsubstantiated Steele dossier being the crux of the justification for the warrants, also considering the fact that the Clinton campaign was behind the dossier was never revealed to the judges. [Here’s a recent example of the spin being applied to that argument. The judges were told that the dossier was paid for by a person with political motives, and the claim is that this was enough, that they could figure out that it was a tool of the Clinton campaign. I’ve never understood this argument. Why weren’t the judges informed directly, then? ] Ann Althouse commenter named Yancy Ward wrote, Continue reading

About That “Secret Tape”…[UPDATED]

From CNN:

“The FBI is in possession of a recording between President Donald Trump and his former personal attorney Michael Cohen in which the two men prior to the election discuss a payment to a former Playboy model who has alleged an affair with Trump, Rudy Giuliani and a source familiar with the matter told CNN Friday.

Cohen has other recordings of the President in his records that were seized by the FBI, said both a source with knowledge of Cohen’s tapes and Giuliani, who described the other recordings as mundane discussions. Another source with knowledge of the tape, however, said the conversation is not as Giuliani described and is not good for the President, though the source would not elaborate.”

Now here are some ethics matters that the news media would be obligated to tell you, if journalists were, you know, competent, objective, and fair:

  • It is equivocally unethical for a lawyer to surreptitiously record a client without the client’s knowledge or consent. Always, no exceptions. It is usually unethical for a lawyer to surreptitiously record anyone without their knowledge or consent, even in states that permit non-lawyers to do it.

Such conduct is a direct violation of the universal legal ethics rule that prohibits a lawyer from engaging ” in conduct involving dishonesty, fraud, deceit or misrepresentation.”

  • This fact is crucial to the story, and should be prominent in any discussion of it. I have not seen or heard this mentioned in any news reports.

Let me know if you do, please.

  • The recording is also privileged, which means that it was information that a client provided to his lawyer in the course of seeking legal services or advice. As such, it cannot be used as evidence, unless the client, in this case, President Trump, consents. The client owns the privilege, not the lawyer who received the information, and not other lawyers the client may have.

I haven’t seen this critical information explained in any of the news reports either. Continue reading

Late Verdict On The Helsinki Press Conference Freak-Out: I’m Convinced. It’s Just More Unethical, Double-Standard, Anti-Trump, “Resistance” And News Media Coup-Fodder, Only Noisier And Dumber Than Usual

I don’t appeal to authority very often.

What I do occasionally do is look for someone with judgment, experience and honesty I trust whose assessment of a particular situation jibes with my ethical analysis at times when I have begun to judge my own sanity. When I started reading people writing, in horror-stricken tones,”Can you believe what Trump said at that joint press conference?,” which I initially missed because these events are always stagey, insincere, all-puffery affairs, I assumed that President Trump finally done something really over-the-top this time, like spitting at CNN reporter, or singing “The Volga Boatman” to irritate Putin. When I read what he in fact did say, and saw the videos, my brain literally couldn’t reconcile it with the hysterical claims that it was “treasonous,” or like “Pearl Harbor,” or “Kristallnacht” or warranted impeachment (Plan N). It didn’t compute, as the robot in “Lost in Space” used to say.

I know I don’t often seem like it, but I have my doubts sometimes. I write as if I am certain I am right, because that’s my style, but often within me there meet a combination of antithetical elements which are at eternal war with one another. Driven hither by objective influences — thither by subjective emotions — wafted one moment into blazing day, by mocking hope — plunged the next into the Cimmerian darkness of tangible despair, I am but a living ganglion of irreconcilable antagonisms. All right, that was from my favorite exchange in “H.M.S. Pinafore,” but I’m not completely facetious. When I read almost every one of hundreds of Facebook friends writing, to universal agreement from their echo ch..freinds, that an extemporaneous statement in a Finnish press conference proves that Putin “has something” on the President, I begin to think, since I don’t see it at all, that the problem must be me. I am so thoroughly sick and disgusted at the relentless unethical and unprecedented efforts to interfere with this President, and his efforts to do the job he was elected to do, by Democrats, progressives, “the resistance” NeverTrumpers and the news media, that maybe my indignation against their dangerous, democratic institution-eroding vengeance because this odd and offensive man shattered the dreams of the Obama Worshipers and the Clinton Conned, had finally metastasized into bias, and made me impervious to something that should have me, for once, agreeing with them. For bias makes us all stupid, you know.

That is why I was so relieved to read this, the transcript of the comments of NYU Russia expert Stephen F. Cohen, a contributing editor at “The Nation,” the most extreme leftist magazine of national prominence in the country. He is clearly NOT being driven by bias, but his analysis was exactly the same as mine:

“The reaction by most of the media, by the Democrats, by the anti-Trump people is like mob violence. I’ve never seen anything like it in my life. This is the president of the United States, doing what every president… since FDR in 1943 with Stalin, meeting with the head of the Kremlin. And every president since Eisenhower, a Republican by the way, has met with the leader of the Kremlin for one existential purpose: To avoid war between the two nuclear superpowers. Today, in my considered, scholarly, long-time judgment, relations between the U.S. and Russia are more dangerous than they have ever — let me repeat, ever — been, including the Cuban missile crisis. I want my president to do — I didn’t vote for this president– but I want my president to do what every other president has done. Sit with the head of the other nuclear superpower and walk back the conflicts that could lead to war, whether they be in Syria, Ukraine, in the Baltic nations, in these accusations of cyber attacks. Every president has been encouraged to do that an applauded by both parties. Not Trump. Look what they did to him today. They had a kangaroo court. They found him guilty. And then you had the former head of the U.S. CIA, who himself ought to be put under oath and asked about his role in inventing Russiagate, calling the President of the United States treasonous. What have we come to in this country? And what is going to happen in the future?”

Whew! What a relief: I thought I was going crazy. Like Cohen, except not close to matching his scholarly efforts, I know quite a bit about how past Presidents treated Russian leaders in their various summits, meetings and diplomatic encounters. Only Trump was expected to insult the Russian leader to his face. Only Trump was asked an outrageous question inviting him to insult a Russian leader to his face. (The reporter should have been ejected from the conference.) President Trump was not only criticized for behaving as every other President has and should have behaved, but was excoriated for doing so.

I wish, of course, that the President’s rhetorical skills were not so blunt and confounding, so he could defend his own conduct without resorting to “fake new!” retorts. I wish he had the nuance and sense to simply dodge such a disruptive and irresponsible question without walking into a true “when did you stop beating your wife” question that made him choose between undermining U.S. intelligence or undermining the whole reason he was at the summit in the first place. I wish that the President was not so much like Donald Trump, in other words, but unlike Anderson Cooper, George Will, Chuck Schumer, John McCain and my hysterical Facebook Friends, I regard constantly becoming more and more irrational over something that happened 19 months ago  to be civic incompetence. Continue reading

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading

Morning Ethics Warm-Up, 7/10/2018: The Freakout Cometh!

Good morning!

1. Are you freaking out? President Trump nominated Brett Kavanaugh for the vacancy on the Supreme Court, a choice which, we had been assured by a succession of shameless hysterics on the Left and in the mainstream news media (but I repeat myself!) would doom women in the United States to living out “The Handmaiden’s Tale,” even before the judge, a case or the legal issues were a twinkle in Lady Justice’s eye. Why are hyper-partisan, irresponsible crazies like this taken seriously by anyone?

Here are some of the media freak-outs that have already arrived: The Daily Beast: Brett Kavanaugh, Trump’s Supreme Court Pick, Is Probably the End of Abortion Rights and Same-Sex Marriage. Slate:  How Brett Kavanaugh Will Gut Roe v. Wade.

More to come, of course. At least they waited for the actual name of the judge: ABC tweeted out this before the announcement:

Facts? We don’t need no stinking facts!

(Nah, there’s no mainstream media bias….)

If you are freaking out, it means that you are a Democrat, either ignorant or dishonest about the legal system, and suffering from the late throes of Anti-Trump Mania, in which everything that this President does becomes an evil plot. Get help. It is unethical to spread panic and fury among your friends and associates.

A Facebook Friend, a woman, and a lawyer, was on social media within minutes of Judge Kavanaugh’s name being uttered calling for everyone to “write their Senator.” There is only one way, just one, this reaction can be justified: if you believe that only one political party has a legitimate role to play in American politics, and you deny the right of any citizen who disagrees with you to have a voice in what is supposed to be a pluralistic democracy. Elections have consequences, and are supposed to have consequences. One of them is that the elected President gets to appoint judges. If the judge is qualified—and even the most slobbering wacko talking head on MSNBC cannot deny that he is qualified-–then it is fair, appropriate and right that the President’s nomination should be consented to by the Senate. Continue reading

Morning Ethics Warm-Up, 7/9/2018: Searching For Something Positive In The Ethics News, Failing

Good morning.

1. Is it unethical to never be satisfied, or just human? Or just American? The Boston Red Sox are winning too much, and I don’t recognize my team.  Over the weekend, literally for the first time in my life, I found myself feeling sorry for an opposing team and its fans. The poor Kansas City Royals (who are, I know, in the process of tanking) looked hopeless as the Red Sox swept a three game series. KC, not long ago a World Series champion, looks like it will lose 105 games or more. My team has always been the underdog. I don’t want to root for crypto-Yankees.

2. Yeah, I wish the President would just announce his SCOTUS pick and not make it into a circus.

3. Another Ethics Alarms Lost Post…A Carolyn Hax advice column from March missed  getting the post I intended at the time, and I just stumbled across the old file. A woman who had planned a huge wedding was jilted by her fiance shortly before the big date, as he ran off with an old flame. She asked Carolyn if she was wrong to be angry at invited friends and relatives who wanted her to reimburse them for non-refundable airline tickets, and to never want to have any contact with them again. Hax said that such people don’t deserve anything better, and ought to be written off in perpetuity.

That was an easy call for the relationship columnist, but I found  myself reflecting on other matters, like whether I have any friends and relatives who could be expected to behave that atrociously, venally and compassionlessly (relatives yes, friends, no, I think). Another question: what’s the matter with people, and how do they get this way? Someone you care about is slammed with a life catastrophe, and your first reaction is to demand that she pay for your inconvenience?

4. Yes, “enemy of the people” is accurate…From Glenn Greenwald (via Althouse): Continue reading

Morning Ethics Warm-Up, 7/2/2018: Bad Neighbors And Bad Journalism

Good Morning…

1. Ah, now THAT’S the ol’ Spirit of 1776!  In a subdivision near Sterling Heights in Chesterfield, Michigan,  a resident sent an anonymous letter to other residents, threatening  to take dire measures against them if they set off fireworks after 9 PM  this week. Here’s the letter…

Yikes.

I’m presuming that the real spirit of 1776 still breathes deeply in this nation, and that the reaction of the recipients of that letter will be to make certain that the noisiest fireworks possible are exploding every second during the time they are permitted to be by law, from the start of the week to the end. The neighbor is a coward, a jerk and a bully, and his bluff must be called as a matter of justice and honor. (Pointer: HLN)

2. Nah, the mainstream news media isn’t biased! In an absolutely correct and justified editorial note, Fox News’ Chris Wallace excoriated media outlets on “Fox News Sunday” for attempting to connect President Donald Trump to the newsroom shooting at Capital Gazette in Maryland. (This will, of course, be called an example of Fox News pro-Trump toadying by those same media outlets.) This was indeed one of the most transparent recent episodes of fake news peddling by CNN, Reuters and others in the mainstream media, who worked hard to make the case that the killer of five was motivated by the President’s repeated accusation that the media is “the enemy of the people.” We now know that the shooter swore that he would kill the Capital Gazette writer whom he targeted in the attack years ago, when everyone assumed that Hillary was going to be the next President. Continue reading