Tag Archives: misrepresentation

How To Rehabilitate An Ethics Corrupter

I guess most people no longer even notice this kind of thing, but it drives me crazy, and will continue to until I am, in fact, crazy.

There is no doubt: Donna Brazile is an ethics corrupter. With the complicity of mainstream media elite and her cocktail party pals, she has for years been falsely represented to audiences on various public affairs shows and “round tables” as an honest and trustworthy political analyst, when in fact she is a paid operative of the Democratic Party. This has been true since she was the campaign manager for Al Gore’s failed Presidential bid. It is deception every time she is introduced on “This Week with George Stephanopoulos” as anything else but a paid agent of the Democratic party. Since her opinion isn’t merely biased but paid for, presenting her as an authority or a pundit is misrepresentation, and intentionally so.

During the last campaign, Brazile revealed her character by using a position with CNN (that never should have been offered, given her known loyalties) to help Hillary Clinton cheat in a town hall and a debate against Bernie Sanders. She cheated. Her cheating was revealed in the e-mails hacked on John Podesta’s e-mail account, but Brazile lied about it when confronted with the evidence, implying that the e-mails were fabricated. Later, after that deception flopped spectacularly, she said that she was “proud” of cheating for Clinton, and regretted nothing.

To sum up, we know, and the media knows, that Donna Brazile is a corrupt partisan, who is eager to misrepresent herself and reality, and cheat when necessary to win for her clients. She should never be presented as an independent, objective, honest or trustworthy commentator or authority. Never. Her presence stands for the unethical propositions that the ends justify the means, and that the Left must prevail even if doing so requires cheating and lies.

Ah, but Donna is one of the gang in Washington, good people, don’t you know, so her journalist pals and the news media are working hard to make Donna acceptable again. Thus I see this headline at “The Hill”:

Brazile: Sending Clinton town hall topics ‘mistake I will forever regret’

Drudge takes the hand-off, and links to the story like this..

DONNA SEEKS REDEMPTION: REGRETS LEAKED QUESTION…

ABC, next to CNN the network that has most shamelessly passed off Brazile as trustworthy commentator, headlined the story,

Donna Brazile: Passing debate questions to Clinton camp ‘a mistake I will forever regret’

FACT: Donna Brazile has never said, implied or stated that she regrets cheating on Clinton’s behalf. Never. Yet these are the headlines of stories that desperately attempted to convince the public that the opposite is the case.

Continue reading

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Filed under "bias makes you stupid", Character, Government & Politics, Journalism & Media

You Want Smoking Gun Proof That The Mainstream News Media Is Promoting Illegal Immigration And Intentionally Deceiving The Public To do It? Here It Is!

Observe. The headline above was the one first published by the Washington Post. Note the absence of the word “Illegal” before “immigrants.” The fact is that immigrants have nothing to fear about using food stamps. The headline is fake news–it’s false. It is literally untrue. (The story does suggest that some legal immigrants may be avoiding food stamps out of ignorance, but no evidence is presented to show it.)

That’s not the only thing wrong with the headline, and the story beneath it. This is more “poor, abused illegal immigrant” propaganda. How terrible it is that people living in this country illegally after breaching our borders and immigration laws have to fear being held accountable for living in this country illegally after breaching our borders and immigration laws! The outrage!

A nation of laws enforces its laws.  Not enforcing them so as to encourage law breaking is the real outrage.

The Washington Post wasn’t troubled by any of that, though. What caused the paper to change the headline was that highlighting the use of taxpayer funds to pay for food stamps to benefit people who have no right to be in the U.S. might, you know, sort of undermine the intended message of the article, which is to create sympathy for illegal immigrants while seeding opposition to the Trump administration.  Can’t have that. So the headline was changed to this… Continue reading

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Filed under "bias makes you stupid", Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, This Helps Explain Why Trump Is President, U.S. Society

Fast Food Ethics: Subway’s Chicken TASTES Like Chicken—Isn’t That Enough?

OK, what's in this Teriyaki Sweet Onion Chicken sandwich? (Hint: It's a trick question...)

OK, what’s in this  Sweet Onion Chicken Teriyaki sandwich? (Hint: It’s a trick question…)

DNA researcher Matt Harnden at Trent University’s Wildlife Forensic DNA Laboratory, working out of  Peterborough, Ontario, analyzed six popular chicken sandwiches served at various fast food chains. Unadulterated chicken should have 100% chicken DNA, or close to it. Seasoning, marinating or processing meat  bring that number down some , so fast food  wouldn’t be expected to have a perfect score.

The chicken in the following sandwiches were tested: McDonald’s Country Chicken – Grilled,Wendy’s Grilled Chicken Sandwich, A&W Chicken Grill Deluxe,Tim Hortons Chipotle Chicken Grilled Wrap, Subway Oven Roasted Chicken Sandwich, and Subway Sweet Onion Chicken Teriyaki, which is made with chicken strips.

The lab tested two samples of five of the chicken meat fillings, and one sample of the Subway strips. From each of those samples, the researchers isolated three smaller samples and tested each of those. The scores were then averaged for each sandwich. The results? Continue reading

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The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

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

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Ethics Lesson: Judges Can’t Campaign Like Other Candidates

false-campaign-ad

The Supreme Court of Appeals of West Virginia suspended Judge Stephen Callaghan for two years and fined him $15,000 for a campaign flyer that it deemed dishonest. The court said that the flier  depicted the incumbent judge, Gary Johnson, as “partying” with President Obama. Johnson had visited the White House for a federally required conference on fighting child trafficking, but  he didn’t see Obama there, there was no party, and no function involving alcohol. The flier was mailed out five days before the May 2016 election, which Callaghan won.  Callaghan won the election by 220 votes.

The flier was “in every sense, materially false” according to the decision. You can see it above. Photos of Obama and Johnson are shown next to each other. Obama is shown holding a beer and streamers are in the background. The caption reads, “Barack Obama & Gary Johnson Party at the White House.” The opposite side of the flier read,

“While Nicholas County lost hundreds of jobs to Barack Obama’s coal policies, Judge Gary Johnson accepted an invitation from Obama to come to the White House to support Obama’s legislative agenda. That same month, news outlets reported a 76% drop in coal mining employment. Can we trust Judge Gary Johnson to defend Nicholas County against job-killer Barack Obama?”

After Johnson objected to the flier ( and probably threatened to sic the Judicial Ethics Panel on him), Callaghan removed the flier from his Facebook pages and ran radio ads saying the flier’s “specific characterization of the White House visit may be inaccurate and misleading,” and “candidate Callaghan apologizes for any misunderstanding or inaccuracies.” Continue reading

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Ethics Observations Upon Viewing “The People v. O.J. Simpson: American Crime Story”

oj-show

I never got to see all ten episodes of last year’s ambitious and star-studded mini-series about the O.J. Simpson trial before this weekend. Thanks to Netflix, I was able to watch them all in two nights. I watched most of the televised trial at the time, so the program brought back a lot of bad memories.

Overall the production was excellent, and some of the casting was creepily good, especially Sarah Paulson  as Marcia Clark, Sterling K. Brown as Chris Darden, Kenneth Choi  as Judge Ito, Courtney B. Vance in a magnificent portrayal of Johnnie Cochran, Rob Morrow as
Barry Scheck,  Robert Morse, unrecognizable as Dominick Dunne, and Joseph Siravo as Fred Goldman. Unfortunately, Cuba Gooding, Jr., an excellent actor, is so unlike O.J. that it kept reminding us that this was a TV show. Nathan Lane and David Shwimmer also were unable to disappear sufficiently into their roles as F. Lee Bailey and Robert Kardashian. I couldn’t help thinking of “The Bird Cage” and “Friends.”

The script was  remarkably even-handed, and for the most part, accurate. However, there were three legal ethics howlers that require some exposition, as well as some other matters that came to mind.

1. The Defense’s Secret Redecoration of O.J.’s home.

In the episode “The Race Card,”  Johnnie Cochran was shown redecorating  O.J. Simpson’s house before the jury came for a judge-approved viewing. Pictures of half-nude models were replaced by benign photos of Simpson’s mother and children, and Cochran scattered pieces of African art around the rooms, taken from his own collection.

Could the lawyers do this? Of course not! It’s a visual lie, and an attempt to mislead the jury. Ito ordered that the heroic statute of Simpson in his back yard be covered with a sheet to avoid biasing the jury in favor of the defendant. Had the prosecution team suspected that Cochran had pulled such a stunt, as the dramatization suggested, it would have alerted the judge, a mistrial would have been likely, and Cochran as well as every lawyer involved would have faced serious bar discipline.

The question is, did this really happen as portrayed? Defense attorney Carl Douglas said in a Dateline NBC’s special THE PEOPLE vs. OJ SIMPSON: What the Jury Never Heard that it did, and that he organized the redecoration. Douglas said the intention was to make the estate look “lived-in and stand with all of its regalness so that the jurors would say ‘O.J. Simpson would not have risked all of this for this woman.'”  Douglas said that “photos of Simpson with white women were swapped out for pictures of him with black people. A Norman Rockwell painting from Johnnie Cochran’s office and a bedside photo of Simpson’s mother were placed in prominent view.”

Douglas should be suspended from the practice of law at the very least for this confession of outrageous ethics misconduct. (Cochran, who is dead, is beyond punishment.) Clark, Darden and Ito also failed their duties to justice and the public by allowing such a deception to warp the jurors’ perceptions. Continue reading

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NBC’s Chuck Todd Offers Dubious History To Cover For Democrats

One of these things is not like the other...

One of these things is not like the other…

[A frequent and valued commenter asked Ethics Alarms to examine this, and I am, as many of you know, always eager to delve into the history of My Favorite Men, the Presidents of the United States.]

Yesterday, NBC presented the nauseating display of a prominent member of Congress attempting to undermine the peaceful transfer of power after a legal and fair election. This was unprecedented, and not surprisingly. Only a hyper-partisan ethics dunce who believed that he was beyond criticism and accountability and who was confident that journalists would rationalize his conduct would do such a thing.  In this regard, at least, Rep. John Lewis was correct. The news media had his back.

Before the actual interview was broadcast, news of Lewis’s statement was out regarding Lewis’s attack, and Donald Trump, as he has with Gold Star parents, beauty queens and others and award-winning actresses, had foolishly reacted with an insulting tweet that allowed his critics to shift public attention from the provocation to the target. Is Trump really incapable of learning how stupid this is, no matter how many times he suffers for it? Apparently.

Meanwhile, it was time for the news media to play defense for Lewis, because that’s what they do when Democrats misbehave.

Chuck Todd, the host of “Meet the Press,” used hsiMSNBC show “Meet the Press Daily” to argue that a prominent member of Congress claiming that an elected President isn’t legitimate is just not that big a deal, saying

In case you missed it, Congressman John Lewis (D-Ga.), civil rights hero and icon, said Donald Trump does not believe is a legitimate president because of the Russian meddling in the election. Leaving aside how you feel about Lewis’ position, it’s not first time a president’s legitimacy has been questioned.”

Then, no doubt thanks to some intern’s searches on Google, he regaled his audience with misleading American history:

In 1824 when John Quincy Adams won the presidency over Andrew Jackson, despite getting clobbered in the popular vote, a lot of people questioned the legitimacy of his victory. In fact, this happens pretty much every time the popular vote loser moves into the White House.

After the 1876 election, Rutherford Hayes, who was called Ruther-fraud Hayes when Congress gave him the electoral majority.

The same in 1888 with Benjamin Harrison. You may remember the occasional cry of foul in 2000 when the Supreme Court stopped the Florida recount and George W. Bush won the election.

Sometimes, though, it has nothing to do with voting. When William Henry Harrison died a month after taking office in 1841, a lot of people didn’t accept the idea that as vice president John Tyler or any vice president for that matter could legitimately ascend to the presidency. A lot of people just called him an ‘acting president.’

Most recently, of course, the conservative right and and some Republicans claimed to doubt President Obama’s citizenship and therefore the legitimacy of his right to serve in the office of the presidency.

None of this is meant to pass judgment on John Lewis’ position, it’s just to remind us all this isn’t the first time someone has questioned the legitimacy of an American president. Surely won’t be the last.

This is what our political system does, we have this back and forth. It doesn’t make it any less shocking, frankly, to some of us when you do hear it from people with big influence. That’s all for tonight.

See? No big deal! Happens all the time! Everybody does it! Continue reading

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