Five Reasons Why Melissa Harris Perry’s Email Is Even Worse Than Talia Jane’s Open Letter To Yelp

Melissa-Harris-Perry-Tampon-Earrings

Last week, Talia Jane, a low-level Yelp worker, wrote a whining online “open letter” to Yelp’s CEO that became an instant classic in the category of “How not to treat one’s employer.” Yesterday, MSNBC host Melissa Harris-Perry sent an e-mail to her colleagues at MSNBC announcing that she was refusing to appear on her show this weekend because her show had been virtually taken away from her and that she felt “worthless” in the eyes of NBC News executives. You can read the whole thing here, but here are the juicy parts:

” [A] s of this morning, I do not have any intention of hosting this weekend. Because this is a decision that affects all of you, I wanted to take a moment to explain my reasoning…

Here is the reality: our show was taken — without comment or discussion or notice — in the midst of an election season. After four years of building an audience, developing a brand, and developing trust with our viewers, we were effectively and utterly silenced. Now, MSNBC would like me to appear for four inconsequential hours to read news that they deem relevant without returning to our team any of the editorial control and authority that makes MHP Show distinctive.

The purpose of this decision seems to be to provide cover for MSNBC, not to provide voice for MHP Show. I will not be used as a tool for their purposes. I am not a token, mammy, or little brown bobble head. I am not owned by Lack, Griffin, or MSNBC. I love our show. I want it back. I have wept more tears than I can count and I find this deeply painful, but I don’t want back on air at any cost. I am only willing to return when that return happens under certain terms.

…I have a PhD in political science and have taught American voting and elections at some of the nation’s top universities for nearly two decades, yet I have been deemed less worthy to weigh in than relative novices and certified liars. I have hosted a weekly program on this network for four years and contributed to election coverage on this network for nearly eight years, but no one on the third floor has even returned an email, called me, or initiated or responded to any communication of any kind from me for nearly a month. It is profoundly hurtful to realize that I work for people who find my considerable expertise and editorial judgment valueless to the coverage they are creating.

While MSNBC may believe that I am worthless, I know better. I know who I am. I know why MHP Show is unique and valuable. I will not sell short myself or this show. I am not hungry for empty airtime. I care only about substantive, meaningful, and autonomous work. When we can do that, I will return — not a moment earlier…”

As with Talia, this screed has apparently cost Harris-Perry her job. Good. Continue reading

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading

Comment of the Day: Amherst Students Have Learned The Progressive-Approved Method to Win Political Debates: Intimidate And Censor The Opposition

Those were the days, my friend...

Those were the days, my friend…

Arthur in Maine delivered a suggested administrative reply to the asinine”demands” of Amherst students, who appeared to be either trying to make state school students, like in Missouri, feel better by proving that attendees of elite private colleges could be idiotic too, or attempting to emulate their imagined betters at Yale  I hope Arthur’s form letter gets a workout, because there will be plenty of audiences for it.

Yesterday, there was an especially ugly demonstration at Dartmouth on November 12, with over 150 Black Lives Matter student members accosting white students and chanting, “Fuck you, you filthy white fucks!” “Fuck you and your comfort!” and “Fuck you, you racist shit!,” among other Elizabethan epithets worthy of the culture and and verbal virtuosity they have been imbued with in Hanover. Black Lives Matter is at the root of this uprising by the black privileged against the white privileged; it has been a racist and hate-based movement from the beginning, and the knee-jerk progressive politicians, journalists, pundits and leaders, including Barack Obama and Bernie Sanders, who have given it their seals of approval either actively or passively should have this and all the  ugliness to come stamped on their resumes. They worked hard to create racial paranoia and divide the nation by color and ethnicity. This was the predictable result: I predicted it; many did. They intentionally planted dynamite in the nation’s most vulnerable fault-line—race— for political gain, and the tremors have started, where they usually do, on the campuses.

Good job, everybody. Good job.

These things do not happen in a vacuum. The macro-cause is always weak leadership, in the home, in the classroom, in the nation. Students may not know much, but they can tell when their country is in distress, and they want to participate in effort to help. Unfortunately, they have one tool at their disposal—disruption—and it usually makes the distress worse.

For I too am from the Sixties. It gave me a twinge of sympathy for Hillary Clinton when she got so much criticism for saying this during the debate on Saturday, for she only meant that she has experience with this phenomenon, and has seen it up close. (Well, she was also trying to duck the question.)

Arthur’s excellent script for administrators is, I fear, too little too late. These culture-wounding attacks on trust and speech  have been nurtured by parents, demagogues, indoctrinating teachers and cynical political leaders; administrators, the least influential and the most lily-livered of all, have scant chance of stemming it.

It would be a start, though.

Here is Arthur in Maine’s Comment of the Day on the Ethics Alarms post, Amherst Students Have Learned The Progressive-Approved Method to Win Political Debates: Intimidate And Censor The Opposition: Continue reading

Ethical Quote Of The Week: CNN’s Mike Rowe

In this case, it’s unfair to Mike Rowe’s brilliant and measured rebuttal to MSNBC’s race-baiting talking head Melissa Harris-Perry’s latest ethics pollution to just quote a brief paragraph or two, so I’m going to quote virtually  his entire Facebook post.

Rowe, the man’s man star of the Discovery Channel’s “Dirty Jobs” show and now CNN’s “Somebody’s Gotta Do It” was responding to Melissa Harris-Perry’s dressing down of a guest who referred to new House Speaker Paul Ryan as “hard-working.” This woman’s mission in life seems to be to make it impossible for white people to speak, since she is meticulously eliminating all words and phrases as either racist, homophobic, misogynist or insensitive. (Donald Trump should send her a bonus, for this kind of thing is what is driving his support) In her latest assault, she said this:

“I want us to be super careful when we use the language “hard worker.” I actually keep an image of folks working in cotton fields on my office wall, because it is a reminder about what hard work really looks like. But in the context of relative privilege, when you talk about work-life balance, the moms who don’t have health care aren’t called hard workers. We call them failures. We call them people who are sucking off the system.”

Rowe’s diagnosis of Harris-Perry’s world-view was this: Continue reading

When Is It Ethical For Lawyers To Testify Against A Client? Here’s An Example…

Next time, stick to baseball hypotheticals, Darrell.

Next time, stick to baseball hypotheticals, Darrell.

From Panama City, Florida comes this rare legal ethics scenario. Darryl Mack, 22, accepted 20 years of prison in exchange for a no contest plea to a murder charge, after he learned that his original attorney in the case would be testifying for the prosecution. The revelation by an accused  criminal’s own lawyer of what most think are privileged statements would be devastating evidence, which is why lawyers are almost always prohibited by the ethics rules from doing this.  Mack had been trying to block the testimony on that basis. However, Circuit Court Judge James Fensom ruled those statements could be used against Mack at trial. Why? It is because of a useful and necessary exception to the ethics rules known as the crime-fraud exception.

If you are a “Breaking Bad” fan, this one of the reasons Saul is a crook, not a lawyer.

“The last thing a lawyer wants to do is testify against his client,” the prosecutor in the case explained. “But it is not reasonable to ask your lawyer to be your conspirator.” That means that a request for such advice is regarded by the profession as a request for assistance in breaking the law, and a lawyer cannot ethically give such advice. Such a request isn’t confidential, and isn’t privileged. A lawyer doesn’t have to reveal such information, but he also risks being charged as an accessory if the proposed crime is committed.

Timothy Hilley, Mack’s initial legal counsel, testified in a closed courtroom that Mack had posed a hypothetical to him at the end of a jailhouse interview, and Hilley viewed it as a veiled statement of  intent to commit murder. Mack allegedly asked his then defense counsel what would happen if a witness was unavailable for the trial, a question Hilley took to refer to a witness to the July shooting death of 24-year-old Tavish Greene, the victim in the murder Mack was charged with.

“Mack was on his way to leave, and he walked over to door and he said, ‘Could those statements be used if he was murdered,’” Hilley testified.
“I said, ‘No, it would be hearsay.’” Mack then asked, “How much time do I have?” Hilley said. “And I didn’t catch it at first, but then he asked again, ‘How long before trial?’ ” Mack left the room after Hilley told him the trial could begin as soon as June.  The lawyer reported the incident to the State Attorney’s Office, and withdrew as Mack’s attorney. Continue reading

Oh, NO!!! “The Mikado” Ethics Again (Political Correctness Division)!

[Here…listen to this while you read the post.]

I am apparently the official protector of Gilbert and Sullivan’s “The Mikado” from ridiculous accusations of ethics offenses, so once again, I will charge into the breach. No thanks needed, Mr. Gilbert, Sir Arthur—I owe you debts that can never be repaid.

In a brain-endangering op-ed for the Seattle Times, expresses the opinion that the operetta is a “racial caricature,” and thus “every snap of the fan was a slap in the face.” The nature of the complaint has old origins: the original show in 1885 nearly caused an international incident, as Japan registered an official complaint to Great Britain claiming a grievous insult to its people. W.S. Gilbert, who was skilled at such things (a few years later he stifled French indignation over a song in “Ruddigore” that pretended to make fun of the French while actually ridiculing British bravado), explained that “The Mikado” in no way ridicules anything about Japan or its people, but is entirely a witty and original satire on everything British. This was true then, and is true now. Then, however, people, including the Victorian era Japanese, were able to see distinctions, and were not seeking victim status and leave to play public censor under the authority conferred by political correctness. Today, people like Ms. Chan are not so easily calmed.

Thus is art harmed, entertainment stifled, laughter stilled and music forgotten. A good argument could be made that “The Mikado” is the greatest musical comedy entertainment ever written.* It certainly caused the biggest international sensation (the closest rival is another Gilbert and Sullivan classic, “H.M.S. Pinafore”): it is estimated that by the end of 1885, at least 150 companies in Europe and the U.S. were producing the satire. As recently as the 1960s, it was credibly claimed that a “Mikado” was going on somewhere in the world every minute of the day.

The show is fun in every respect: comedy, music, lyrics, satire, characters. It is also fun to act in and produce, for children as well as adults. Unfortunately, several factors have led to the gradual scarcity of productions in recent years, from the cyclical (Gilbert and Sullivan go out of style, but always come back) to the ridiculous ( it seems like every production has to cope with some absurd controversy, like the 2011 Montana production that was accused of threatening Sarah Palin’s life). Political correctness aversion has been the biggest factor in making the very best G&S show rare while productions of Broadway musical junk flourish, however. Since the characters are supposedly “Japanese,” shouldn’t all the singers be Asian? Isn’t Asian make-up offensive like blackface? Oh, hell, let’s just do “The Pirates of Penzance.”

From Ms. Chan: Continue reading

Musings On The Clarence Thomas Affair and Insideous, Unavoidable, Rationalization Eleven

If you are good enough and valuable enough, do you deserve one of these?

If you are good enough and valuable enough, do you deserve one of these?

A recent—and off-topic—comment caused me to begin thinking about “The King’s Pass,” #11 on the Ethics Alarms Rationalization hit parade,and perhaps the most perplexing of them all. The commenter referenced the 2010 discovery that Supreme Court Justice Clarence Thomas had inexplicably neglected to mention his activist wife’s annual income on his annual financial disclosure filings, meaning that he had filed a false affidavit and violated the law. Thomas claimed that he had made a careless mistake—for five years—and the matter was allowed to drop except for the angry agitating of the Anti-Clarence Thomas Furies, who are constantly searching for any way to get a conservative black justice off the Supreme Court short of assassination.

The episode had left a bad taste in my mouth, and I was happy to be reminded of it, bad mouth tastes being essential to triggering ethics alarms. I went back to read my post on the matter, and sure enough, I had followed the principle of rejecting The King’s Pass, and asserted that Thomas should be punished appropriately and formally…but that really ducked the question. Lawyers have lost their licenses to practice for single episodes of swearing to false information when it was far more obvious that a mistake had been made than in Thomas’s case, as when a hapless Maryland lawyer carelessly signed a legal document that had misrecorded  his address. The logic of this no-tolerance ruling was that a lawyer, above all people, should never swear to a falsehood, and that doing so, even once, was a serious breach of duty calling into question his fitness to practice law. I think the penalty for this particular act was excessive—it is cited locally as a cautionary tale—but I agree with its underlying principle, which should apply with even more vigor when the lawyer in question is a judge, and not merely a judge, but a Supreme Court Justice.
Continue reading

Ethics Quiz: Is It Ethical For The President To Cut In Line?

"I'm more important than you are, so I'm cutting in line."

“I’m more important than you are, so I’m cutting in line.”

[Fred, who sent me this one, prefaced it by writing, “You’ll love this.” He was right. I do. I also hate it.]

News Item ( Austin 360):

“Following his speech at the Paramount, President Obama’s motorcade traveled to Franklin Barbecue on East 11th Street. The restaurant is well known for its great brisket and extremely long waits, but the president circumvented that using the powers of his office. “I know this is a long line. I feel real bad, but – I’m gonna cut,” Obama said, according to a pool report from the Statesman’s Chuck Lindell. [Owner] Aaron Franklin told the Statesman’s Ciara O’Rourke that nobody cuts the line at Franklin … except Obama.”

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical for the President of the United States to cut into a line for goods or services?

Can you guess my answer?

It’s not just “no,” but “Hell, no!”

Talk about the Imperial Presidency! There is no basis, justification or excuse whatsoever for the President to cut into line under these circumstances, especially by saying, “I’m gonna cut.” The proper answer to that, my friends, is “No, you’re not, Mister President. Why don’t you ask politely, and maybe everyone ahead of you will be magnanimous and agree?” Continue reading

Unethical Quote of the Week: Actor Shia LaBeouf

“Fuck you. This is fucking bullshit. Do you know my life? Do you know who the fuck I am? Do you know who I am?”

—Former “Transformers” actor (and  Indiana Jones son) Shia LaBoeof, as he was arrested and dragged out of the Broadway musical “Cabaret” during a performance where he had been smoking a joint in his seat and periodically yelling at the actors.

Contrary to the lyrics, Shia, I think it may be time to consider sitting alone in your room...

Contrary to the lyrics, Shia, I think it may be time to consider sitting alone in your room…

Shia obviously has former child actor emotional problems and I sincerelywish him the best, but if there is anything an individual of any note, connections or accomplishment can utter that has signature significance—to anybody, from a librarian to a police officer, “do you know who I am?” and all variations thereof is it.

Yes, Shia, we know who you are. You’re an asshole. Next question?

The TSA Flunks Integrity, Equity, Common Sense, Fairness…But I Guess This Isn’t News. Is It?

"You have the US Air credit card? Proceed to your flight, sir!"

“You have the US Air credit card? Proceed to your flight, sir!”

Apparently I am less likely to be a terrorist because I have a credit card.

Ever since I laid out $400 for the new American Airlines-US Air merger credit card and special flyer’s program (it included two round trip tickets to any domestic destination), I have been able to use the “pre-screened” line for my US Air flights. That means my shoes don’t have to be x-rayed, my computer can stay in my brief case, I don’t have to take off my belt (a key benefit, as my pants have fallen down during screenings on three occasions) and I don’t have to take off my jacket.

I also can now skip long lines, as the poor peasants in the adjoining lines glare at me as one of the hated Privileged of the Air. Oh—and since I have an artificial hip that sets off the old-fashioned gates (that’s all you get at the Pre-Screened area), a TSA agent will escort me to that spinny thing that takes nude magnetic imaging photos so I don’t have to get a sexual molesting, of which I have complained about bitterly in the past.  He pushes through all the other passengers waiting in line, –the fools! Bwahahahahah!— and takes me right through. “Pre-screened!” he says, and that’s all there is  to it.*

But I wasn’t “pre-screened,” was I? I just paid a fee to get a credit card. Boy, wait until terrorists catch on to the credit card loophole. KaBOOM!

How can the TSA claim that all of their annoying, humiliating, obtrusive procedures are necessary to protect our safety, when so many of those procedures will be waived for flyers who have the resources to plunk down the money for a premium credit card? It can’t.

Please tell me that the only reason these procedures are still required isn’t so the airlines have something to barter in exchange for money.

Please.

* Once, I didn’t even have to do that. I used the gate, and the alarm went off. I said: “This is a metal hip–you’ll have to wand me and pat me down.” “Nah, never mind,” the TSA agent said. “You can go.”