Tag Archives: misrepresentation

Monday Ethics Warm-Up, 12/3/2018: Christmas Song Banned! Ethics Alarms De-Faced! Sharpton Cashes In!

Good afternoon!

1. Well, is it good to be a patrician President or isn’t it? It depends, obviously, on who you want to bash. Simultaneously with sidelong sneers from the peasant-shirted left about the Bush family’s wealth and isolated status as rich, privileged, white, WASPS for generations, there have been multiple salutes to the same family, and the late George H.W. Bush in particular, for his grace, class, and dignity in office. These things go hand in hand, you know: wealth, privilege, prep schools, “breeding,” and impeccable manners. John Adams, Andrew Jackson, Lincoln, Andrew Johnson, Grant, Truman, LBJ, Clinton, and now Trump, all from “lesser” stock, all had their moments when their behavior was attacked as beneath the office they held. Well, all of them were middle class or lower (you can’t get any lower than Andrew Johnson). Ideally, we want our Presidents to arise from the common clay, but to act like aristocrats in all things public.

Of course, many of our “aristocrats” were low-lives of the soul, but adept at keeping their worst conduct hidden from view. Aristocrats have bad habits too, especially as they relate to women. (See: “David Cop-A-Feel.” I’m sorry, I’ll never get over that…)

2. The President will not eulogize George H.W. Bush. Good. If he reads a nice eulogy written by someone else, it will be flat and awkward. If he extemporizes, God knows what he might say. If he extemporizes and is brilliant, witty, moving and inspiring, it will be attacked anyway.

And by the way, I like the red trees.

Anyone who says that the same decorations put up by Michelle Obama or Jackie Kennedy (EVERYONE had weird colored trees in the early Sixties) wouldn’t be hailed as bold, dashing examples of a modern First Lady’s impeccable sense of style is lying, or hasn’t been paying attention the past two years.

3. Nah, there’s no social media platform bias! Apparently Facebook is now censoring Ethics Alarms posts. Over the weekend I heard from several readers whose links to EA posts were taken down because they didn’t comply with “community standards.” None of the posts were extreme, and all employed consistent ethics analysis, but then the “community” on Facebook, including a majority of my Facebook Friends, is politically intolerant, narrow-minded, ideologically rigid and intent upon driving down that nail that sticks out.

4. From the Ethics Alarms “Appearance of Impropriety” Files. Rev. Al Sharpton sold the rights to his life story to his own charity. From the New York Post:

The National Action Network agreed to pay the activist preacher $531,000 for his “life story rights for a 10-year period,” according to the non-profit’s latest tax filing,…NAN can apparently turn around and sell those rights to Hollywood or other takers at a profit, but neither the reverend nor the charity would identify what producers are waiting for such Sharpton content.

The document does not indicate when Sharpton, who is president of NAN, gets the cash, which is above and beyond the $244,661 he already pulled down in compensation from the group in 2017.

This is clever–slimy, but clever. Why didn’t the Clintons think of it?

5. Baby, It’s Stupid Outside.”   WDOK Christmas 102.1 in Cleveland, Ohio pulled “Baby, It’s Cold Outside”  from its 24-hour Christmas rotation this week, citing listener complaints. #MeToo, you know.

Morons.

I wrote about the complaints last year, and I’m not a fan of the song:

Here is an article protesting the movement to “ban” (figuratively, not literally), the seasonal duet “Baby, It’s Cold Outside”  for “being insufficiently PC in the sexual assault/harassment realm.” Ethics Alarms called the song “date-rapey” two years ago, so while I don’t exactly want to ban the thing, I am sick of hearing it on Christmas playlists. On Sirius-XM’s “Holly” station, I’d estimate that over 50% of the “Holiday songs” have to do with sex (none have to do with the religious holiday, by design), and I blame “Baby, It’s Cold Outside,” which on the alternative Christmas channel, “Traditions” “Baby, It’s Cold Outside” is played every hour, sometimes more than once. …Writes the blogger,

“But if you actually look at the lyrics, it’s clear that the woman wants to stay, and that her protests are merely for the sake of propriety, and that the whole thing is a flirtatious little game of seduction. In her objections she keeps mentioning what other people will think, not her own feelings. So you might say she’s striking a blow for autonomy and throwing off fusty old custom when she acquiesces at the end.”

It depends on how the song is sung, of course. Dean Martin’s version sounds like a seduction, but then, that was Dean. Actually banning the song, however, with so much far more blatant sexual innuendo infecting Christmas music and other aspects of the holiday, is bats.

Related: Last night I saw the 1949 Christmas film “Holiday Affair,” starring Robert Mitchum and Janet Leigh. It’s low key but fun and well acted. It also has a scene where Mitchum walks into the kitchen as single mother Leigh is doing dishes, grabs her without warning or consent and gives her a long, hard kiss on the mouth as her arms flail helplessly.

Sexual assault.

6. Related to that: Boy, studios had no scruples and no shame back then! The story is about as chaste a romance as you could imagine, with Leigh, who was a true sex-bomb when she wanted to be, playing a devoted mother who dressed and acted like a mother should. Yet here was the original poster:

…which misrepresents the movie entirely, especially Leigh, who is never seen in such a pose. That’s nothin’, though. When the movie was a box-office bomb, they decided that it was because nobody wanted to see film noir tough guy Mitchum being nice, charming and polite (his character resembles John Payne in “Miracle on 24th Street”). So they put out this poster, which is outright misrepresentation:

Now THAT’S an unethical movie poster!

 

 

 

 

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Verizon Lies. (In My Opinion, Of Course)

I think have mentioned here before the frustration of not having high-speed internet available where I live, in Alexandria, Virginia, ZIP 22305. unless I surrender to the horrors of Comcast, which I will not do. According to a source at Verizon, my carrier, the problem is that the City of Alexandria insists on what sound to me like kickbacks from the company in order to get approval to install the necessary hardware. There may be other reasons: I don’t care. I keep seeing Fios ads directed at my locality, and keep getting told that it is unavailable. This has significant business consequences for ProEthics and me. I would like to do have video commentary, and we don’t have the speed to upload one, to give just one example.

Yesterday, I received this email from Verizon:

Important service message for PRO ETHICS LTD: Fios is now available at your location.

There are service updates available for your business. Call us to find out about new service and product options.  We want to make sure you’re getting the right service and value for your business. So, we reviewed your  account and discovered that our latest product and service upgrades could help PRO ETHICS LTD increase
efficiency and productivity. Call us today-we’ll take you through the available service options and give you a Firm Price Quote.

Call your Rep at 888.704.7905 or schedule an appointment.

Sincerely,
Stephen E. Marinetto, Marketing Director, Verizon Business Markets

So informed, I called my “representative.” The results of my call? Continue reading

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Morning Ethics Warm-Up, 10/26/2018: ‘Bombs,’ Bicycles And Bullying

Good morning!

I need Jimmy today. (Bing’s on this one too…)

1. They’re NOT “bombs.” I urge everyone to call their friends on this. Until it is established that in fact the “suspicious packages” (the FBI’s current description) or the “potentially destructive devices” can blow up and that they were intended to blow up, referring to them (as the New York Times has done) as “pipe bombs” and the mysterious asshole who sent them as “the bomber” is misleading and, in many cases, deliberately inflammatory. Cut it out. Nor are the mailed whatevertheyares “attacks.” Nobody has been “attacked” until the intent to harm them has been established, and it hasn’t been.

This is driving me crazy, in case you can’t tell.

The news media obviously wants these to be bombs, wants the sender to be a deranged Trump fan, hell, they’d love it if the sender was Trump himself. So they can’t help themselves, apparently, in jumping the gun and dishonestly reporting what is still very much in doubt. Personally, I would love to have it determined that the perp is a “resistance” member pulling a false flag operation, just to teach the news media a lesson, not that they are capable of learning it.

2. Trump’s Tweets. CNN and MSNBC are melting down with faux fury over this morning’s Trump Tweet, which said,

Funny how lowly rated CNN, and others, can criticize me at will, even blaming me for the current spate of Bombs and ridiculously comparing this to September 11th and the Oklahoma City bombing, yet when I criticize them they go wild and scream, “it’s just not Presidential!”

Notes: Continue reading

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No, President Trump Did Not Promise To Pay A Million Dollars To A Charity If Elizabeth Warren Took A DNA Test!

…and Warren, a lawyer, either knows he didn’t and is saying so anyway, or is saying so without checking what he actually said, which, for a lawyer allegedly trying to enforce a contract, is both incompetent and dishonest.

And once again, the complicit mainstream media is deceiving the public to assist a Democrat’s misrepresentation. Nice.

Nah, there’s no mainstream media bias.

In a series of tweets on Monday, Warren called on Trump to pay the $1 million to charity. Trump replied to a reporter, “I didn’t say that; you better read that again.”

Says the Hill, in an article by Jordan Fabian, “Trump denies offering $1 million for Warren DNA test, even though he did.” In fact, he didn’t. This Time, Trump is telling the truth. The Hill, using the news media’s favorite trick of late, pulls only part of the relevant quote: “I will give you a million dollars, to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian,I have a feeling she will say ‘no.’ ”

That wasn’t the whole statement. Bless law professor Ann Althouse: I was going to go through the analysis, and I really don’t have time. She’s retired now, has the time, and is a better contact lawyer than I’ll ever be. Here was her absolutely correct explanation: Continue reading

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Morning Ethics Warm-Up, 10/15/18: Overthrowing The Government, Replacing Umpires, and Fooling Some Of The People Who Never Did Their Science And Math Assignments [UPDATED!]

Good morning…

1. Baseball Ethics: Again, Robocalls, please! Last night, Game #2 of the American League Championship Series between the 2017 World Champion Houston Astros and some team from Boston again showed why Major League Baseball must install automated ball and strike calls and automatic video review if the game is going to have any integrity at all. Regarding the latter, there was a play in which a Houston batter’s swing and miss for strike three was erroneously called a foul ball by the home plate umpire, and the replay claerly showed that the bat had missed any contact by inches. Nonetheless, the batter got another chance. He struck out (“no harm, no foul” literally) a second time, but that was just moral luck. If he had hit a home run, altering the game’s outcome, the system would have been changed with lightning speed: Ye Olde Barn Door Fallacy.

Regarding the constant missed call and strike calls that risk changing the outcome in every game, the previous game in the serious contained a classic example. In a close contest with the two runners on base and a 3-2 count, Red Sox batter Andrew Benintendi was called out on a pitch about six inches outside the strike zone. Instead of the inning continuing with the bases loaded and the AL season RBI leader, J.D. Martinez, coming to the plate, the inning was over. Listening to the ex-players like TBS color man Ron Darling babble excuses and rationalizations is almost as infuriating as the obviously wrong calls. “Well, the ball wasn’t too far off the plate” and “That pitch has been called a strike earlier tonight” and “The umpires have a difficult job”: Shut up, Ron. The strike zone is set by the rules; a ball is either a strike or it isn’t, so a call is either correct or it’s botched. Blatantly missed calls were “part of the game” in an earlier era when nothing could be done about them, but that’s not true now. Baseball is supposed to be determined by the skill and performance of the players, not by random, unpredictable mistakes by the bystanding officials. Can you imagine a criminal defendant sent to prison in a trial where the judge repeatedly allowed inadmissible evidence against him because he misinterpreted the law, and the appeals court shrugging and rejecting an appeal with a unanimous opinion that said, “Hey, mistakes happen! It’s part of the system’s tradition and charm!”

2. Run, Fauxahontas, Run!  Fake Native American Senator Elizabeth Warren (D-Mass) announced that she finally did have her DNA tested. No cheapie home test for this aspiring Cherokee: she had the DNA test performed  by Carlos D. Bustamante, a Stanford University professor (and Democrat) and expert in the field who won a 2010 MacArthur fellowship for his work on tracking population migration via DNA analysis.  He concluded that “the vast majority” of Warren’s ancestry is European, but he added that “the results strongly support the existence of an “unadmixed Native American ancestor,” and calculated that Warren’s pure Native American ancestor appears in her family tree “in the range of 6-10 generations ago.” That’s a big range: six generations would make her 1/32nd American Indian, but ten generations would make her 1/1024th Native American. Nothing in the test proves she has the Cherokee ancestry she claims.

UPDATE: Apparently the Globe reporters and editors are among the math-challenged. Mid-day, it issued a second correction:

“Due to a math error, a story about Elizabeth Warren misstated the ancestry percentage of a potential 6th to 10th generation relative. The generational range based on the ancestor that the report identified suggests she’s between 1/64th and 1/1,024th Native American,” the Globe explained.

This means Warren is somewhere between 0.09 and 1.5 percent Native American, not between .19 and 3.1 percent as originally claimed.

Continue reading

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From The Ethics Alarms “Democrats Must Be So Proud” Files: An Obvious Observation On Today’s Kavanaugh Hearing

It is disgraceful,  embarrassing, and dangerous, and only two or three steps away from Charles Sumner being physically attacked by Preston Brooks on the Senate floor.

It emerged during the proceedings that Senate Democrats planned to disrupt the orderly process of the hearings as a strategy. Nice. I guess that’s their replacement for the filibuster. I think I prefer the device used by Lilly Tomlin’s character in the Netflix series “Grace and Frankie”: when she can’t rebut an argument, she starts singing “She’ll Be Comin’ ‘Round the Mountain” as loud as she can, so nobody else can talk.

“The hearing began with protesters breaking in, and continued with serial efforts by Democratic Senators to postpone the hearing. To the credit of committed chair Chuck Grassley, he bulled on through. As he did so, the Democratic side degenerated into a contest regarding which putative candidate for the Democratic 2020 nomination could pander to the base more. Here is how the day began:

GRASSLEY: “Good morning. I welcome everyone to this confirmation hearing on the nomination of —“
HARRIS: “Mr. Chairman.”
GRASSLEY: “— Brett Kavanaugh –”
HARRIS: “Mr. Chairman.”
GRASSLEY: “— to serve as associate justice of the Supreme Court of the United States.”
HARRIS: “Mr. Chairman, I’d like to be recognized for a question before we proceed. Mr. Chairman, I’d like to be recognized to ask a question before we proceed. The committee received just last night less than 15 hours ago —“
HARRIS: “Mr. Chairman, regular order.”
HARRIS: “— 42.000 pages of documents that we have not had an opportunity to review or read or analyze.”
GRASSLEY: “You are out of order. I will proceed.”
HARRIS: “We cannot possibly move forward, Mr. Chairman. We have not been given the opportunity to have a meaningful hearing with Congress nominee–“[cross-talk]
GRASSLEY: “I extend a very warm welcome to Judge Kavanaugh, to his wife Ashley, their two daughters –[cross-talk]
UNKNOWN: “Mr. Chairman, I agree with my colleague, senator Harris. Mr. Chairman, we received 42.000 documents tat we haven’t been able to review —”
GRASSLEY: “— And everyone else joining us today.”
UNKNOWN: ” and we believe this hearing should be postponed —”
GRASSLEY: “I know this is an exciting day for all of you here and your you’re rightly proud —”
UNKNOWN: “Mr. Chairman, if we cannot be recognized I move to adjourn. Mr. Chairman, I move to adjourn.”
GRASSLEY: “— From Judge Kavanaugh —”
UNKNOWN: “Mr. Chairman, I move to adjourn. Mr. Chairman, we have been denied real access to the documents we need to advise —” (Audience cheering)
BLUMENTHAL: “Mr. Chairman, we have been denied the real access to the documents we need —[cross-talk] which turns this hearing into a charade and a mockery of our norms and, Mr. Chairman, I therefore move to adjourn this hearing.”
AUDIENCE: “This is a mockery. This is a travesty of justice. Cancel Brett Kavanaugh, adjourn the hearing. [ indecipherable].”
BLUMENTHAL: “Mr. Chairman, I ask for a roll call vote on my motion to adjourn.”
AUDIENCE MEMBER: “‘[indecipherable]'”
GRASSLEY: “Okay.”
BLUMENTHAL: “Mr. Chairman, I move to adjourn. I ask for a roll call vote.”
GRASSLEY: “We are not in executive session. We will continue as planned.”

A recurring theme was the disingenuous complaint that Democrats, who have received over 400,ooo pages of materials relating to Trump’s nomination to fill Justice Kennedy’s seat on the Court, as well as all of his judicial opinions which are what really matter, did not have time to read the most recently released batch of about 40, 000 pages. Everyone knows that what is in those documents doesn’t matter one bit, because the entire group of Democratic Senators have already made it clear that they are going to vote against Kavanaugh as a bloc. They are going to do it to express their outrage over Merrick Garland; they are going to do it to pander to the resistance narrative that Trump is an “illegitimate” President, they are going to do it because the party increasingly seeks to demonize conservatives, they are going to do it because they are afraid of their base. Oh, there are lots of reasons. All of the Democratic Senators, maybe most,  don’t seriously believe their party’s own scare-mongering that Kavanaugh will lead the Supreme Court to reverse Roe v. Wade, but there is the rapidly pro-abortion—not just pro-abortion rights but pro-abortion—feminist segment of the base to pander to as well.

Essentially, we are watching an entire political party embrace mob-style interference as an alternative to process, because they don’t like what the likely results of the established process will be. Of course this is dangerous to the nation and the Constitution. It is also a tantrum, just like the party’s reaction to President Trump’s election itself.

It was predictable that if the funeral of a Senator was exploited  as an opportunity to attack the President, the hearings on his Supreme Court nominee would certainly be. (I am not finished looking, but so far I can find no comparable direct attacks on Barack Obama during the hearings on his two nominees.) Here, for example, is the reliable demagogue Dick Durbin (D-Ill), doing his best Keith Olbermann imitation:

“You are the nominee of President Donald John Trump. This is a president who’s shown us consistently he’s contemptuous of the rule of law. He’s said and done things as president which we’ve never seen before in history. He dismissed the head of the FBI when he wouldn’t bend to his will. He harasses his attorney general on almost a daily basis in the exercise of his office, and I didn’t vote for Jeff Sessions, but I have to tell you there should be some respect at least for the office he serves in. And it’s that president who’s decided you are his man. You’re the person he wants on the Supreme Court. You are his personal choice. So are people nervous about this? Are they concerned about it? Of course they are.”

As in the hypocritical remarks by the McCain mourners. Durbin is hilariously self-indicting. Durbin’s party has been  contemptuous of the rule of law in areas where the President has been committed to enforce it, as with illegal immigration. Durbin and his party have undertaken direct assaults on the First, Second, and Fourth Amendments. The way Democrats are conducting themselves in this very hearing has never been seen before in history. Continue reading

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Ignore The Spin: It Was Unethical For Michael Cohen To Secretly Record His Client, Donald Trump

This morning the Washington Post tries to spin the clear ethics violation by Michael Cohen when he surreptitiously recorded his client, Donald Trump, when his client didn’t know or have any reason to suspect that such a recording was taking place. It was unethical. I have never spoken to a lawyer or ethics authority who didn’t believe such a recording would be unethical, at least until such an ethics breach was made against this particular betrayed client. Now, since the legal profession is one of many that have abandoned integrity and professional standards in the fever of anti-Trump madness, I’m sure several, maybe many, will change their tune. You know: they don’t want their friends to be angry with them.

Yes, Cohen’s taping was legal, because it occurred in New York, where only one party to a conversation has to know it is being taped. That is irrelevant to the ethics breach at issue. For a lawyer to tape a client secretly is always unethical. That’s my position, and I know of no persuasive argument against it. The Post article says that the matter isn’t clear cut. Oh yes it is.

Until 2001, there was little dispute that a lawyer was violating Rule 8.4, which pronounces it misconduct for a lawyer to engage in misrepresentation, dishonesty, fraud or deceit. Taping anyone secretly is misrepresentation. Does anyone want to dispute that? Try. If I am talking to you privately, and you do not tell me that I am being recorded, then you are representing to me that I am NOT being recorded, unless our previous conversations were recorded and I knew that. A few states just ducked the issue, and held that a lawyer could do what any other citizen could do in a state that made one party recordings legal. The American Bar Association, however, right through the 20th Century, held that it was per se unethical for a lawyer to surreptitiously tape anyone.

The absolutist position was an Ethics Incompleteness Principle accident just waiting to happen. In other words, there had to be exceptions, and since almost all states allowed District Attorneys to surreptitiously record suspected criminals without the threat of ethics sanctions, exceptions were already recognized. Thus, in 2001, the ABA revised its position with equivocal, muddled, Formal Opinion 01-422, “Electronic Recordings by Lawyers Without the Knowledge of All Participants,” which the ABA summarized this way:

A lawyer who electronically records a conversation without the knowledge of the other party or parties to the conversation does not necessarily violate the Model Rules. Formal Opinion 337 (1974) accordingly is withdrawn. A lawyer may not, however, record conversations in violation of the law in a jurisdiction that forbids such conduct without the consent of all parties, nor falsely represent that a conversation is not being recorded. The Committee is divided as to whether a lawyer may record a client-lawyer conversation without the knowledge of the client, but agrees that it is inadvisable to do so.

It does not “necessarily” violate the ethics rules because, the opinion explains (as various state opinions have as well), sometimes recording a third party serves the interests of justice, as when, for example, a client is trying to show domestic abuse, or when there is an allegation of illegal loan or housing discrimination. 01-422 wanders into Clintonesque rhetoric, however, when it states, Continue reading

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