Ethical Quote Of The Month: Supreme Court Justice Antonin Scalia

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“I have no illusions that your man will nominate someone who shares my orientation, but I hope he sends us someone smart. Let me put a finer point on it. I hope he sends us Elena Kagan.”

—The recently departed Antonin Scalia, speaking to Obama advisor David Axelrod seven years ago, as President Obama was faced with making his first Supreme Court nomination upon the retirement  of Justice Souter.

Kagan, of course, was finally chosen to fill the second SCOTUS vacancy. Axelrod treats this conversation as somehow shocking, which I guess it would be to a political operative like him, to whom partisan warfare is everything,. Yet Scalia, who was known to be good friends with several of the more liberal members of the court, including Kagan, displayed with that private statement to Axelrod the professional attitude I have heard from many lawyers, and that perfectly describes my own. What is important to have on the Supreme Court are the best and most competent legal minds available. Assuming such judges also possess integrity, the third branch of the government will be in good hands. Continue reading

Whatever The Huffington Post Thinks It’s Doing, It Isn’t Ethical

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I no longer check the Huffington Post for stories, and this latest example of its unprofessional and unethical culture is a perfect example why.

Having earlier beclowned itself by unilaterally deciding that Donald Trump did not warrant serious coverage as presidential candidate despite the fact —nauseating though it is—that he is a serious candidate and is having a massive and undeniable effect on the race, the news and opinion website now has decreed that every future story about The Donald will henceforth have appended to it the following legend:

“Note to our readers: Donald Trump is a serial liar, rampant xenophobe, racist, birther and bully who has repeatedly pledged to ban all Muslims — 1.6 billion members of an entire religion — from entering the U.S.”

My post about the ethics vacuum displayed by the previous anti-Trump policy (which Huffpo eventually had to retract) applies with equal force to this one:

“The Huffington Post has just given us one of the worst examples of the modern news media’s abandonment of professionalism and ethics for partisan favoritism, but a refreshingly open one. Usually the biased news media doesn’t announce its unethical manipulation of what we get to hear and see.”

I must conclude that even that tongue in cheek faint praise was excessively gentle. The only way Arianna Huffington could think this well-poisoning label is anything but outrageous is if she couldn’t pick a journalism ethics code out of a line-up of baseball cards and movie posters. Since the Huffington Post, by doing this, has intentionally or not proclaimed to the world that it rejects the minimal levels of restraint, fairness, objectivity and professionalism  that necessarily accompany the description “responsible and trustworthy news media,” what is it? Indeed, what the hell is it? Continue reading

RETRACTED: Unethical (And Head Exploding! ) Quote Of The Month: Atty. General Loretta Lynch

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RETRACTED WITH APOLOGIES

I’m pulling this post. It was based on bad information; I didn’t check it correctly; I cited the original source without making sure the secondary source had quoted it accurately, and my commentary ended up completely misleading and unfair in every way. Stupid. Incompetent. Careless. Inexcusable.

I’m the Ethics Dunce here.

The Loretta Lynch statement that I was under the impression that she made was not what she said. Thanks, so much, to commenter Zanshin for flagging my error.

I’m pulling this down rather than leaving it up with a correction because as of now the post constitutes web pollution of the sort I rail about regularly. It is the equivalent of a hoax. Those who come to read it should be told immediately that the miscreant in this case was me, and the source that misled me, but mostly me. I’m not even going to mention that source either, though it has been reliable in the past. This is my fault, and nobody else’s.

I offer my apologies to Ethics Alarms readers, and anyone they may have misled as a result of my carelessness. I also apologize to Attorney General Lynch, who did not say, for the most part, what I criticized her for saying.

Frankly, I’m relieved about that.

This is the phenomenon of being so focused on a trend–in this case, anti-gun forces enthusiastically using gun-related tragedies to advance their agenda—that I was primed to accept a pretty outrageous example that was so outrageous it should have sparked skepticism. I allowed confirmation bias to dull my judgment, and let that be a lesson to me, and everyone else.

Also: never write a post right after your head explodes.

I’m sorry, angry at myself, and embarrassed.

You deserve better, and I will intensify my efforts to ensure that you get better going forward. You have to trust me, and this time I let Ethics Alarms down.

 UPDATE (12/5): As of 2 PM today,both Instapundit and the National Review are sticking with the   misrepresentation of Lynch’s remarks, either because, like me, they relied on an inaccurate source, or because they want to.

 

Aspie Savant’s Amazing Hypocritical Self-Indicting Blog Post

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This blog post, an instant candidate for the Ethics Alarms Awards’ most unethical blog post of 2015, initially had me fooled. It announced itself as a list of the “16 Basic Principles of Mass Indoctrination,” and since there has been a lot of that going around lately, especially as the news media clears its collective throat to cover for President Obama’s failures and stump for a Democrat to succeed him, I scrolled through it. Indeed the principles listed were all spot on:

1. Start while they’re young.
2. Create the illusion of political freedom.
3. Use simplistic stereotypes to sway public opinion.
4. Mix facts with lies.
5. A big lie is more convincing than a small lie.
6. Give the masses “bread and circuses” to keep them well-fed and distracted.
7. Simplify complex issues by portraying them as dichotomies. Eliminate nuance.
8. Spread propaganda by all means possible.
9. Ostracize dissident voices through ridicule or defamation.
10. Faith in the correctness of a religion or ideology is more powerful than force.
11. Manipulate history records to support your religion or ideology.
12. Control different sides of the same debate and you control the outcome.
13. The masses are less swayed by reason than by stirring their emotions.
14. Drive the opposition in a corner. When they fight back, act like a victim.
15. Label all non-conforming behavior as pathological and promote “cures” for them.
16. Use rituals and mass events to keep people occupied and strengthen their faith.

Each was also illustrated, often very effectively, by a drawing, chart or cartoon. When I hit #14—“Drive the opposition in a corner. When they fight back, act like a victim”-–the illustration was the cartoon above, a standard issue, anti-Israel, fact-slanting slur coming uncomfortably close to anti-Semitic bigotry. More importantly, given the topic of the post, the cartoon embodied many of the techniques of indoctrination that blogger “Aspie Savant” was supposedly warning against. Continue reading

The Little Blue Jon Stewart Caboose On The Brian Williams Ethics Train Wreck

Blue Caboose

I’ve stopped updating the passenger list on the rapidly slowing Brian Williams Ethics Train Wreck. Essentially it’s all biased and unethical journalists outing themselves and not being honest or sufficiently self-aware to realize it.

Bulletin: Brian Williams being exposed as an untrustworthy journalist isn’t a “tragedy” for anyone but Brian Williams and NBC’s bottom line, and he was no more a “giant” of broadcast journalism than Joe McCarthy was a “giant” of the U.S. Senate. He was a fraud, and his exposure and fall was a good thing, as exposures of frauds always are. His demise (he isn’t coming back, and NBC should stop the speculation and just say so) does serve as a useful trap for similarly unethical and biased journalists, like TIME’s Joe Klein, who made no sense at all while bemoaning the treatment of Williams in an interview on Fox News, first using a straw man argument:

“I think that we’re living in an era where the ferocity of the prosecution is much greater than the severity of most of these crimes.”

No one’s alleging any “crimes,” Joe. Journalists who are paid huge contracts to deliver the news in a professional and trustworthy fashion can’t be allowed to stay on the air. Absent the “ferocity,” Williams would still have his job today, because news organizations value their profit over integrity and ethics. Plenty of people don’t care if journalists are ethical or not, and can’t tell the difference. If critics don’t make their legitimate complaints strongly enough, the majority’s apathy prevails.

Then Joe went for the rationalizations, this time, #19 and #20:

“And all of us make mistakes. All of us do make mistakes.”

Someone explainsignature significanceto Joe Klein, because Williams’ helicopter fable was a perfect example of it, as I surmised from the first report of the episode. Yes, good journalists make mistakes, but ethical and trustworthy journalists don’t make mistakes like that, even once—telling a false story about being in one helicopter under fire when the reporter was really in another. Sure enough, we have since learned that Williams made up lots of stories that upon examination could not have been true (Joe apparently wants to ignore all that), like seeing bodies floating in the French Quarter after Katrina, like claiming that he was imbedded with elite SEAL team that took down bn Laden. They weren’t doubted at the time because we didn’t know Brian Williams was a serial liar then. “Mistakes” are not the issue. Moreover, Williams’ “false memory” defense, complete with “experts” sent out to the media to explain this phenomenon, was also a lie, and a carefully devised one. His other false reports, slowly becoming known like the endless trail of Bill Cosby victims, prove it.

Next for Joe: euphemisms. Continue reading

And Now, How A RIGHT Wing “Watchdog” Views The World…

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In commenting on today’s early post about Mediaite inexplicably neglecting to mention that the “ethics watchdog”now accusing Rep. Louis Gohmert of skimming off his campaign funds is in fact part of the Media Matters left-wing hit squad, commenter Steve-O-in-NJ observed…

“As has been pointed out many, many times on this site both by yourself and others, most Americans have some shade of partisan goggles on that makes it harder to see ethical violations by those they are sympathetic to and easier to see them by those they are not. It doesn’t help that there are any number of partisan dyes (racism, sexism, patriotism) we can release to further cloud the waters we swim in with these goggles on. Eventually there’s so much dye in the water and the lenses become so tinted that everyone forgets what clear water actually looks like.”

Truer words were never uttered. To prove Steve’s point from the other side of the political spectrum, I present Newsbusters, which holds a higher level of esteem from me than CREW by being transparent about its skewed perspective: the site, part of arch conservative Brent Bozell’s empire, acknowledges that it exists to show liberal bias in the news media, and Lord knows, there is plenty to show. Unfortunately, Newsbusters is addicted to the same silly routine its counterpart Media Matters employs, the “X spent this much time on this story but only this much time on this story that exposes the rank incompetence and corruption of a politician/program/party we hate” bit. The complaint has legitimacy when the news media is deliberately burying an important development and hiding facts from the public, as the mainstream media has done with the IRS scandal and attempted to do with Jonathan Gruber’s revelations, or as Fox did with results of the Congressional investigation of Benghazi. More often, however, the real complaint is “Why don’t the biased news sources adopt our biases instead of their biases?”

Today brings a classic example on Newsbusters: Continue reading

Ah, Mediaite? CREW Is NOT An “Ethics Watchdog Group,” It’s A Partisan Media Matters Hit Group

See, Congressman, it works this way: if you were a Democrat, CREW would ignore your junket to London, and so would Mediaite. Fox News, however, would be all over your ass...

See, Congressman, it works this way: if you were a Democrat, CREW would ignore your junket to London, and so would Mediaite. Fox News, however, would be all over your ass…

Did Rep. Louis Gohmert (R-Tx)*, one of the prominent conservatives in the Republican-led Congress, misuse over $6,000 in campaign funds on a speaking trip to London? Maybe; it sounds like one of those typical gray election law controversies, and one of the lesser ones, except that Gohmert is on a lot of partisan hit lists. If he did misuse the funds, I’d want to see him fined, or whatever the violation warrants, and chastened too.

That’s not my concern right now, though. What interests me is that the alleged misuse of funds was flagged by Citizens For Responsibility and Ethics in Washington, and in reporting it, Mediaite said, in a story headlined, Ethics Watchdog Accuses Gohmert of Misusing Campaign Funds:

“An ethics watchdog group has filed a complaint against Rep. Louie Gohmert, accusing the Texas Republican of misusing campaign funds to foot the bill for a trip to England that included a 5-star hotel and a $200-plus taxi ride.The complaint, filed by Citizens for Responsibility and Ethics in Washington (CREW), was addressed to the staff director and chief counsel of the Office of Congressional Ethics and demands an investigation into whether Gohmert violated House rules by using campaign money for a trip that seemingly had nothing to do with his campaign.”

CREW, as I have repeatedly pointed out for years, is no “ethics watchdog.”  Continue reading

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 3)

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2014 Conflicts of Interest of the Year

  • Conflicted Elected Official: Philadelphia State Senator LeAnna Washington. This is always an entertaining category. Washington was convicted of using her tax-payer financed staff to organize a yearly campaign fundraiser around her birthday party. When one staffer complained that this was illegal, she reportedly replied, according to his grand jury testimony:

“I am the fucking senator, I do what the fuck I want, and ain’t nobody going to change me. I have been doing it like this for 17 years. So stop trying to change me.”

  • Conflicted Journalist: CNN sent Jay Carney, fresh off his assignment as President Obama’s official spokesman, defender and spinmeister, to cover his ex-boss’s speech.
  • Conflicted  “Non-partisan” Watchdog: CREW. The Center For Responsibility and Ethics in Washington and its chief, Melanie Sloan, finally came clean (after falsely claiming non-profit status as a non-partisan organization for years) by making David Brock, head of the openly partisan, foaming-at-the-mouth anti-Republican media watchdog Media Matters its Chairman of the Board, essentially merging the two groups.
  • Appearance of Impropriety Award: Rep. Steve Scalise (R-La), Republican Whip. It is not certain yet whether Scalise knowingly spoke to a group of white supremacists in 20o2, inadvertently spoke to the group, or just spoke to another group meeting in the same venue before the David Duke-affiliated group of racists started comparing sheets. It isn’t even clear that Scalise knows, but everyone should agree that it looks awful no matter how you categorize it, making the fiasco a classic appearance of impropriety situation. If the Republicans were smart, they would dump him.

Unethical Attire of the Year

Offensive shirt

This.

Unethical Political Candidate of the Year

Wisconsin Democratic gubernatorial candidate Mary Burke, whose campaign materials were largely plagiarized from the materials other candidates.

Ethically Clueless Voters of the Year

New York’s 11th Congressional District, which contains Staten Island and parts of Brooklyn. These alert and ethical citizens sent back to Washington thuggish and crooked Rep. Michael Grimm (R), then facing a 20-count indictment by federal authorities for fraud, federal tax evasion, and perjury, having earlier distinguished himself by threatening to kill a reporter and being recorded doing so.

  Unethical Advertising of the Year

Lawyer Division:

Public Service Announcement Division:

TV Program Division:

The Discovery Channel’s campaign for “Eaten Alive!” which did not, in fact, feature anyone being “eaten alive,” or at all.

Private Sector Product Division:

Halos. Or perhaps this is the Child Abuse Division:

Political Campaign Division:

Wendy Davis, Democratic candidate for Texas Governor, offered an ad attacking her wheelchair- bound opponent that 1) appealed to bias against the disabled 2) misrepresented the duties of a state attorney general 3) misrepresented the facts of the cases the ad referred to and  4)  deceived the public regarding the ethical duties of lawyers, which Davis, a lawyer, presumably understands. Continue reading

MOST Ethical Column, Post Or Essay About The Ferguson Ethics Train Wreck: The New Republic’s John Judis

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I can’t bring myself to declare a liberal senior editor of a progressive magazine an Ethics Hero simply for writing an objective analysis of the Darren Wilson grand jury decision because the vast majority of his ideological brethren are refusing to demonstrate similar integrity and disgracing themselves. Nevertheless, John Judis’s essay titled “The Ferguson Decision Was Not a ‘Miscarriage of Justice.’ Liberals Need to Accept That.” is a relief and a pleasure to read in its matter-of-fact recognition of reality.  He is an analyst with impeccable hard left credentials: his curriculum vitae suggests that he is a socialist. He does not, however, believe in twisting the truth and misleading the public to further a political agenda. There is hope.

Here are some highlights:

  • “The physical evidence ruled out that Wilson had shot Brown in the back while running away, as Brown’s companion Dorian Johnson initially had claimed. And it was not conclusive one way or the other on whether Brown had, after he turned around to face Wilson, tried to surrender. In all, the forensic evidence did not prove Wilson innocent of killing Brown when he was trying to surrender, but it also did not give the grand Jury “probable cause” to indict him on that basis. Other evidence may surface, but from what the grand jury learned, I think it did the right thing, and that it’s also unlikelygiven this evidencethat the federal government, which must meet an even higher evidentiary standard, will choose to indict Wilson….”
  • “By suggesting that the grand jury did the right thing, I am not exonerating the Ferguson police department, or other police departments. Many police departments are more likely to arrest without good cause or shoot without sufficient provocation a young black male than anyone of another sex or race or ethnic group. If Wilson himself had been better trained, he would not have killed Brown….there are a host of reforms that need to be made to police departments as well as changes in the law. And it is worth holding demonstrations to demand these. But I am suggesting that liberals are wrong to characterize the grand jury decision as a “grave miscarriage of justice” or to demand, as Moveon.org has done, that the federal government “arrest and prosecute Officer Darren Wilson.” These kind of charges and petitions only serve to exacerbate racial tensions and to cloud the underlying issues….”

Someone should get him meetings with the members of the Congressional Black Caucus and the St. Louis Rams. Maybe he could explain why continuing their “hands up” demonstrations makes them look foolish. I don’t agree with some of his conclusions, particularly his belief that Robert McCulloch should have recused himself in favor of a Special Prosecutor, which would have ensured a miscarriage of justice with a repeat of the George Zimmerman show trial. Compared to virtually all other commentary from left-leaning commentators, however, Judis is clear-eyed, candid and fair….and correct.

_____________________

Pointer: Newsbusters

Source: The New Republic

 

Stop Labeling The Sixth Circuit’s Approval Of Gay Marriage Bans As “Right Wing”

prop-8People who don’t (or can’t) read court decisions—and in this very large group I include most pundits and journalists—are prone to dismiss careful thought out and reasoned judicial arguments that took careful research and consideration as the product of political bias rather than what they (usually) are: sincere, honest, intelligent dissections of issues that are far more complex than advocates for opposing sides care to admit.

The Sixth Circuit just triggered an almost certain U.S. Supreme Court review of state same-sex marriage bans by upholding such bans in several states. Immediately, pro-gay marriage advocates and pundits attacked the decision as “right wing,” as if the court reached the decision from a starting point hostile to gays and homosexuality generally. The implication of this interpretation is that judges do not follow the law, legal principles and standards of jurisprudence and construction, but merely decide what result they wish to reach based on ideological and partisan biases, and then write essays of advocacy disguised as objective analysis.

The presumption is both ignorant, unfair, and convenient. It is ignorant because it assumes that the judicial profession and those in that profession ignore the primary ethical requirements of being a judge, standards that have stood unchanged and unchallenged for centuries and that every jurist swears to uphold. The first two Canons of the ABA Model Judicial Code state those standards clearly: Continue reading