New York Times

Morning Ethics Warm-Up, 10/2/19: While Basking In The Glow Of Another Life Lesson From Baseball

/ Jack Marshall / 40 Comments

Go Nats!

The Washington Nationals had never won an elimination game in the National league post-season. They were 0-6 in such games going into last might’s do-or-die single Wild Card play-off at home against the Miracle Milwaukee Brewers. Following the script many Nats fans dreaded, the team’s Hall of Fame-bound ace, Max Scherzer, quickly gave up three runs while the Brew Crew’s storied bullpen kept the offense at bay save a solo homer from National shortstop Trey Turner. Heading into the bottom of the eighth, the Nationals had to face closer Josh Hader (he of the Hader Gotcha), who gives up hits less often than some pitchers give up runs.

Then, as they say, fate took a hand. With one out, uninspiring Nats pinch-hitter Michael Taylor reached first illicitly. A 3-2 pitch from Hader hit the knob of Taylor’s bat and immediately ricocheted onto his hand. It should have been called a foul, but the umpires ruled it a hit-by-pitch, sending Taylor to first base. Hader struck out the next Nats batter, then aging Nats slugger Ryan Zimmerman was called upon as another pinch-hitter. He barely connected with a pitch out of the strike zone, breaking his bat, but his weak “dying quail” bloop dropped in just over the head of the Milwaukee second baseman for a cheap and fortunate single. (On TV, Zimmerman could be seen smiling and shrugging sheepishly.) That meant the tying runs were on base for the Nats best hitter, MVP candidate Anthony Rendon. Hader gave him what is known as an intentional unintentional base on balls in order to face 20-year-old Juan Soto, a left-handed batter. Lefty Hader allowed left-handed batters to hit .143 this season. But young Soto lined a pitch into right center, and Brewers right fielder Trent Grisham, one of the heroes of the late-season Brewers play-off drive, did a Bill Buckner. The single got past him (he was charging the ball in what would have been a futile effort to throw out the tying run at the plate) , and all three runners scored. Incredibly, the Nats now led 4-3. After the Brewers went down in the top of the 9th without scoring, they, and not Milwaukee, moved on to the next round of the play-offs.

Lesson: In baseball, as in life, it is as important to be lucky as to be good. Chaos lurks in every second, and the illusion of control is just that, an illusion. A bad call, a fluke hit, and a horribly-timed fielding botch that the same outfielder avoids 99 times out of a hundred, and so much changed for two cities, two fan bases, and the 2019 post-season, affecting jobs, careers, reputations and commerce.

This is why we should never give up, never despair, and never get cocky. It is also why we should strive to live as ethically as possible. We can’t control whether we win or lose, but we can control how.

1. Again we must ask: when did the Democratic Party decide to abandon freedom of speech?  Yesterday, we learned that Joe Biden’s campaign wants the news media to censor adversary commentary from Rudy Giuliani, while claiming that no one who isn’t a public official is qualified to opine on TV regarding public policy.  Now Senator Kamala Harris, who also aspires to be President, says President Trump should be banned from using Twitter because he  uses the platform in an “irresponsible” way. Harris, in an interview with CNN host Anderson Cooper, also called for “other mechanisms” to make sure Trump’s words “do not in fact harm anyone”—you know, like harming her party’s election prospects by exposing its Big Lies and open coup attempts.

I wonder if the public sees how ominous the repeated Democratic calls for censorship are. Maybe the President will tweet about that.

Of course, the President’s use of Twitter is often irresponsible, but also a necessary end-around media propaganda aimed at unseating him and undermining democracy. It is remarkable that Harris, a Senator and a lawyer, somehow missed  that the First Amendment proclaims the importance of free speech to our society. It doesn’t only endorse the right to engage in responsible speech. I think, for example, that advocating censoring the speech of the President of the United States is irresponsible, but I’ll defend Harris’s right to do it—and my right to conclude that because she does it, she is an ignorant, dangerous fool. Continue reading →

Reporting The Mysterious Ukraine “Scandal”: Once Again, I’m Fighting The Urge To Conclude That These Are Just Corrupt, Terrible People

/ Jack Marshall / 30 Comments

 

And losing.

When the first notice of the unnamed whistle-blower’s complaint about—well, something involving the President and the Ukraine surfaced on the New York Times front page, in an article that was so devoid of facts, details and corroboration that its only excuse for publication was to titillate Trump-Haters, I wrote,

“This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term… For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama.”

Well, I’ve been waiting. As predicted, Democratic impeachment-mongers and Presidential hopefuls are screaming to the skies, and the mainstream media has been flogging the as-yet non-story, another species of fake news, as if it were the Second Coming. Yet here is how the New York Times itself explained the alleged scandal:

What did Mr. Trump do?

In a July 25 phone call, Mr. Trump is said to have pressed the president of Ukraine, Volodymyr Zelensky, to investigate Mr. Biden’s younger son, Hunter, who sat on the board of a Ukrainian energy company. Mr. Trump has seized on an unsubstantiated theory that Mr. Biden was trying to protect the company from prosecution when he called for the firing of Ukraine’s top prosecutor in 2016. Rudolph W. Giuliani, one of Mr. Trump’s personal lawyers, has pushed the Ukrainian government to investigate the matter.

Is “said to have”? By whom? This is not news reporting, it’s gossip. The Biden theory is unsubstantiated? The theory the Times has published multiple stories about regarding the President’s interactions with the Ukraine is far less substantiated.

Why is this coming up now?

Because of an intelligence community whistle-blower who filed a complaint last month about the president’s actions. An inspector general deemed the complaint “credible” and “urgent” and forwarded it to the acting director of national intelligence, Joseph Maguire, who has refused to share it with Congress….

Amazingly, it has now been revealed that the “whistle-blower” did not have  direct knowledge of the communications between President Trump and the foreign leader in question. An official who has been briefed on the matter, however, told CNN that the whistleblower “didn’t have direct knowledge of the communications.” The official said that the concerns and subsequent complaint came in part from the whistleblower “learning information that was not obtained during the course of their work.” That’s hearsay by definition, and means that the report has no probative or evidentiary value whatsoever until it is independently verified. Until then, it is also not news.

What did the whistle-blower claim?

The full extent of the whistle-blower’s complaint, as well as the whistle-blower’s identity, is not publicly known. Reporting by The New York Times and others has established that the complaint involves Mr. Trump’s interactions with Ukraine and a phone call with a foreign leader — possibly, but not necessarily, Mr. Zelensky. It is not clear if it includes other matters.

This is really what the Times itself says. A “whistleblower” from the intelligence community made a complaint about something he was told by an an unnamed party about a private phone call with a yet to be identified official.

Here’s my favorite, though: Continue reading →

Morning Ethics Warm-Up, 9/20/2019: Not Funny!

/ Jack Marshall / 11 Comments

Ah! It finally feels like a September morning!

1. Not fake news, exactly, just half-baked news. On the New York Times front page, right hand column above the fold is the headline “Claim on Trump Is Said To Involve Foreign Leader.” Reading it, we learn that an unspecified complaint has been made by a an unnamed whistle-blower “in the intelligence community” that is “said” (by no named source) to involve President Trump saying something, promising something or implying something, at least partially involving the Ukraine, according to two sources also un-named. This is apparently all being investigated by the appropriate inspector general.

I’m serious. This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term. Those who are focusing on the mainstream news media’s war on the President will conclude that the Times, having once again exposed itself as less a journalism organization than a Democratic Party hit squad with its self-indicting misrepresentation of accusations against Justice Kavanaugh, rushed a non-story into print as a diversion.

For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama. Continue reading →

Signature Significance (Again) From the New York Times: A Trustworthy Newspaper Does Not Do This [CORRECTED]

/ Jack Marshall / 30 Comments

That would be a more useful rule, of course, if there were any trustworthy newspapers.

The most recent Ethics Alarms filing under “Nah, there’s no mainstream media bias!” appeared yesterday.  A story headlined Brett Kavanaugh Fit In With the Privileged Kids. She Did Not appeared in the Sunday Times, with the sub-head, “Deborah Ramirez’s Yale experience says much about the college’s efforts to diversify its student body in the 1980s.” And why were Yale’s efforts to diversify in the Eighties suddenly worthy of a Times feature in September, 2019? Because the real purpose of the article was not to talk about Yale, but to smear Supreme Court Justice Brett Kavanaugh —again.

Ramirez was Kavanaugh’s Yale classmate  who had told The New Yorker last year during the justice’s confirmation hearings that she’d been severely inebriated at a party at Yale in her freshman year when “something” had happened. She said that “a male student pointed a gag plastic penis in her direction” and  a “third male then exposed himself to her.” The assumption is that the flasher was Kavanaugh, though Ramirez never directly named him. New York Times reporters Robin Pogrebin and Kate Kelly tried to verify the story, and could not. Never mind: they wrote a book anyway.

In “The Education of Brett Kavanaugh: An Investigation,”  they quoted the same individuals the New Yorker had tracked down who said that they “heard about” the incident, as well as Ramirez’s mother, who says—now this is a smoking gun if there ever was one—that  she was told at the time that “something happened” at Yale.

Nevertheless, the Times reporters are convinced that Ramirez’s claim is correct. They wrote,

A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. 

Not “fit to print,” apparently, was the that Stier was not only a non-profit executive but also had served as one of Bill Clinton’s defense attorneys. Heck, why should that be relevant to his credibility? But I digress… Continue reading →

Sunday Ethics Warm-Up, 9/15/2019: Opinions, Ethical And Not

/ Jack Marshall / 5 Comments

It’s a glorious day here in Northern Virginia!

Makes me feel like things are looking up, even though they probably aren’t.

1. I refer you to the most recent post about “the resistance’s” arsenal of big lies. specifically Big Lie #5, “Everything is terrible.” In the Times’ Sunday Review section, usually a resistance nest to one degree or another, though less so in recent months, Trump Deranged Times columnist Michelle Goldberg offers a long essay beginning with the assumption that current day America is a dystopian society. How does she justify this ridiculous assertion? Referencing the science fiction novel “The Handmaid’s Tale,” in which women in the U.S. “are stripped of their identities and consigned to reproductive slavery for the elite.” Goldberg writes,

“It’s hardly surprising that in 2016 the book resonated with people — particularly women — stunned that a brazen misogynist, given to fascist rhetoric and backed by religious fundamentalists, was taking power despite the wishes of the majority of the population.”

I especially like the “despite the wishes of the majority of the population” part, but the whole statement is dishonest  agitprop. Nobody “took power;” an election took place under Constitutional constraints. Goldberg cannot possibly gauge the “wishes” of the majority, since, as usual, the majority didn’t feel sufficiently concerned about the Presidential election’s outcome to bother to vote, meaning they didn’t “wish” for either candidate to win with enough seriousness or commitment to be  part  of any persuasive analysis. Meanwhile, the President was elected according to the system the United States has operated under since its inception. And describing Trump, who is about as religious as most recent Presidents, which is to say, not at all, was “backed by religious fundamentalists” is as accurate as saying that Barack Obama was backed by anti-white racists.

Read the whole stupid thing. It is irresponsible for a legitimate newspaper to publish such crap, but no more so than for one to employ a biased disinformation specialist like Goldberg as a regular contributor.

2. Once again, Andrew Sullivan finds his way toward calling out unethical journalism. In a recent essay for New York Magazine, the occasionally conservative, gay, religious, emotional but determined truth-teller—as he sees it, anyway—declares  the New York Times a publication that has abandoned journalism for activism.

Two quick reactions: a) Ya think, Sherlock? and b) THIS was your first clue?

He concludes strongly, though, writing, “To present a truth as the truth is in fact a deception. And it is hard to to trust a paper engaged in trying to deceive its readers in order for its radical reporters and weak editors to transform the world.”

Hard? The right word is “irresponsible.”

Related: This excellent essay by Peter Wood expounds further on the duplicity of the Times’ much heralded “1619 Project.” Continue reading →

Morning Ethics Warm-Up, 9/11/19: September 11, 2001, And Other Cataclysms

/ Jack Marshall / 38 Comments

The flag is still there…

Good morning.

1. A question that shouldn’t even have to be asked.  The New York Times asks if the “right thing to do” is for films and TV shows to edit out the Twin Towers in pre-2001 productions so as not to “trigger” sensitive audience members. Productions debuting in 2002, soon after the 9/11 attacks, are a special case: several films re-shot scenes to avoid references to the disaster, and that was just common sense. The suggestion that historical airbrushing is appropriate for works release before 2001 is disturbing, however, and symptomatic of the current belief that historical records cand and should be manipulated and censored for “the greater good.” Taking out the Twin Towers is a close unethical cousin of removing Robert E. Lee statues and references to slavery.

Director Michael Bay, who had a shot of one of the towers burning (from a meteor strike) in “Armageddon,” made an appropriate “slippery-slope” argument to  the Times, saying,

“Movies are shot, edited and finished for the world to see. They don’t get re-edited because history changes. If we go there, that means every movie must change. Every book, every short story, every painting of New York in the past 30 years. It would never end.”

I would add that it will be difficult to remember the September 11. 2001 attacks if we try to eliminate visual records of the Twin Towers.

2. Meanwhile, here’s how the New York Times wants us to remember the attackers: Continue reading →

Anti-Trump Hate Porn

/ Jack Marshall / 9 Comments

I’ve written my quota of “resistance” ethics articles today I know, but I can’t help posting this one.

I was stuck in the DMV, and read a New York Times book review titled “Which Came First, Trump or TV?” The reviewer is Gary Shteyngart, who is described in biographies as a writer of satire. The book he reviews is “Donald Trump, Television, and the Fracturing of America” by James Poniewozik, the Times TV critic.

Both the positive review and the book it describes cannot be justified except as salacious efforts to slake the hate of the most Trump-Deranged among Americans. Poniewozik‘s book, described as non-fiction, is full of negative characterizations of the President, his thinking and his personality that are not justified by the author’s education, background, research or expertise. Poniewozik is a TV critic, and that’s pretty much all he has ever been. He has no special expertise or experience in politics or history; he is not a biographer; he isn’t a psychologist. This is his only book, and he is obviously using Trump hate to attract readers and sales, as well as positive reviews by writers who also have no qualifications to justify their getting the assignment. Both the book and the review are the product of bias, designed to foster bias.

Early in the review, we get this:

But Poniewozik, the chief television critic of this newspaper, uses his ample comedic gifts in the service of describing a slow-boil tragedy. If humor is the rocket of his ICBM, the last three years of our lives are the destructive payload.

Everything is terrible! Where have I heard that Big Lie before? I would have stopped reading right there, but you know: Department of Motor Vehicles.

Almost immediately after that moment of signature significance from the reviewer, we get this… Continue reading →

Funky Winkerbean vs. The NFL [CORRECTED]

/ Jack Marshall / 11 Comments

The National Football League is moving inexorably toward another brain-wrecking season with scant resistance from the mainstream media or the ethics-blind public. It is heartening, therefore, to see comics section stalwart (since 1972) “Funky Winkerbean,” drawn and written by cartoonist Tom Batiuk, try to educate society, especially children, regarding the perils of football.

One of the rare comics that allows its characters to age and even die, “Funky Winkerbean” is beginning a 10 week story involving the deterioration of a regular character who once played in the NFL, as the symptoms of chronic traumatic encephalopathy, or CTE, take over and destroy his life.

Such enlightening of the nooks and crannies of our culture is vital if the public is ever going to stop enabling this unconscionable sport, in which, on the professional level, the disabling of young athletes is monetized by paying them to risk a slow, early, horrible death that is far enough in the future that they can rationalize their choice to accept the deal.

The New York Times article about the strip’s latest story arc is odd, as well as suspicious. It never mentions the NFL. It refers to CTE as the result of “sports-related concussions” that “in extreme cases, can lead to chronic traumatic encephalopathy, a form of degenerative dementia.”

I classify this a deliberate misdirection, and I wonder why the Times would stoop to it. This is primarily a football problem that also can affect those who play soccer, hockey, boxing, lacrosse and baseball, but the CTE threat in pro football is hardly restricted to “extreme cases.” There is evidence that the condition may begin at the high school level of football or even earlier, and that nearly all NFL players may suffer from it to various degrees. Is the Times burying the lede here because its readers are passionate NFL fans, and in denial over their beloved barbaric sport? New York City does have two NFL teams.

When a comic strip shows more responsibility and candor than the nation’s “paper of record,” there is a problem.

Sunday Morning Ethics Warm-Up, 8/25/19: The Rotten Standards Edition

/ Jack Marshall / 29 Comments

I feel like hearing my favorite hymn this morning.

1. How TV makes the public ignorant and unethical. On a 2008 “Law and Order” episode, “Knock Off,” a New York Assistant DA tells a lawyer that since his former client is dead, attorney client privilege no longer applies. “The privilege does not survive the client,” he says, authoritatively. This is exactly 180 degrees wrong. Privilege and client confidences do survive clients; lawyers are bound by them forever, with some rare exceptions.

The show had legal advisors.  There is no excuse for this. What were Law and Order’s standards? Would it deliberately misstate law and regulations just to accommodate the plot? Apparently so.

2. According to the New York Times, we’ve been mistaken. People don’t kill people, Guns kill people, apparently all by themselves. One of the infinite ways news organizations practice unethical and biased journalism is by falsely framing facts and issues to encourage a particular public perception. The “paper of record” just went for a new record in this event with a piece titled “One Handgun, 9 Murders: How American Firearms Cause Carnage Abroad.”Incredibly, the article personifies a gun:

She came to Jamaica from the United States about four years ago, sneaking in illegally, stowed away to avoid detection. Within a few short years, she became one of the nation’s most-wanted assassins. She preyed on the parish of Clarendon, carrying out nine confirmed kills, including a double homicide outside a bar, the killing of a father at a wake and the murder of a single mother of three. Her violence was indiscriminate: She shot and nearly killed a 14-year-old girl getting ready for church.

With few clues to identify her, the police named her Briana. They knew only her country of origin — the United States — where she had been virtually untraceable since 1991. She was a phantom, the eighth-most-wanted killer on an island with no shortage of murder, suffering one of the highest homicide rates in the world. And she was only one of thousands.

Briana, serial number 245PN70462, was a 9-millimeter Browning handgun.

The thrust of the rest of the article is that the terrible murder rate in Jamaica and other third-world counties is the fault of the U.S. for guaranteeing its citizens gun rights, and not the corruption, weak government, poverty and rotten cultures, not to mention the killers they produce, in those nations themselves. “Law enforcement officials, politicians and even gangsters on the street agree: It’s the abundance of guns, typically from the United States, that makes the country so deadly,” the article says. “And while the argument over gun control plays on a continual loop in the United States, Jamaicans say they are dying because of it — at a rate that is nine times the global average.”

That’s right: all those murderous Jamaicans would become as harmless as lambs if the United States would just get with the program.

This isn’t news reporting, it’s anti-gun propaganda. Continue reading →

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

/ Jack Marshall / 34 Comments

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →