Tag Archives: Prof. William Jacobson

The Media’s Unethical Reporting On Trump’s Refugee Pause Order: Does Telling The Whole Story Fairly And Accurately Even Matter To These Hacks Any More? Does Their Trump-Hating Audience Even Care?

How many of these protesters have read the Executive Order they are protesting? My guess; none of them.

How many of these protesters have read the Executive Order they are protesting? My guess: none of them.

I didn’t intend this to become Outrageously Unethical Journalism Sunday, but that’s how it is turning out. Not my fault. Don’t blame the messenger.

Here, for the sake of organization and clarity, are some things that you may not have been told about the Trump refugee order that all the Sunday Morning TV shows are and the news sources yesterday were going nuts over. I couldn’t watch all of the former, of course, and some are going on as I write this. Maybe some responsible journalism snuck in, and if it did, please let me know who was responsible, in both senses of the word. So far, however, the mainstream news media is doubling down on its determination not to allow facts to get in the way of its 24-7 effort to demonize President Trump, and my increasingly bats Facebook friends, and yours, I assume, are taking it all as the Utter Truth…

I. Calling the Trump Executive Order a “Muslim Ban” is a lie. Nothing less.

II. In 2011, President Obama ordered a halt to the acceptance of refugees from Iraq for six months (that’s twice the three months of the Trump order yesterday) with no adverse reaction from the news media whatsoever.

III. The seven nations targeted in Trump’s order were not his administration’s collection, but Obama’s, with the addition of Iran.

IV. All of this had to be included in any competent, fair and truthful report about yesterday’s order. As of yesterday, none of it was, at least in major news sources, or the information was buried deep in the reports under hysterical headlines.

Got all that?

It is 100% true. If you were not aware of it before, you are misinformed. If you or your family, friends or acquaintances were on social media proclaiming that the order proves Trump is Hitler, just as you suspected, without knowing the above, you are spreading fake news. If you did this while knowing the above, you are deliberately misrepresenting reality to press your misguided false narrative. Or, in the alternative, you are a rationalizing fool.

Remember, no ethical analysis can proceed without accurately establishing the answer to the question, “What’s going on here?” If one does not have the facts, one cannot perform the analysis. Answering the question incorrectly, as in “What’s going on here is that a xenophobic madman just violated the Constitutional right to the free exercise of religion!!!! ARGGGHHH!” also guarantees a flawed analysis.

You will note that the best sources for establishing the shockingly biased and unethical reportage of this event are conservative sources. This is because this right-biased alternative to the left-biased news media developed specifically for situations like this, in which the truth is deliberately skewed by political bias from the exact same people the public has been taught to trust to keep it informed. As the previous post also demonstrates, that trust is no longer warranted.

Right up front, I want to credit Prof. William Jacobson of Cornell Law School. Every single news source had an obligation to include the information he researched and posted on his blog, but none did.  Now, some details:

1. Read the order itself. Scroll past it if you want to my commentary, but as the professor says, “You should read the actual EO, because most of the media and leftist pundits either have not or are lying if they have.” It is long; I have formatted it for easier reading, but it is long. Nonetheless, the news media have proven beyond, not just a reasonable doubt but the shadow of a doubt that its journalists cannot be trusted to digest this kind of document and relay it truthfully.

Res ipsa loquitur: CNN, from which I obtained the text, headlines the order,

Full text of Trump’s executive order on 7-nation ban, refugee suspension

But there is no ban! That headline is fake news. If you don’t read the order yourself, and yet start ranting on Facebook about the suspension of freedom of religion or some other non-factual nonsense, then you are irresponsible, and you are spreading disinformation. Read it yourself, ascertain what it means if you are uncertain, or shut up about it.

And welcome the era of biased, untrustworthy, partisan journalism.

Here is the EO: Continue reading

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Filed under Around the World, Citizenship, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, Religion and Philosophy, Rights, This Helps Explain Why Trump Is President, U.S. Society

Ethics Indictments And Observations On “The Greatest Race Hoax Since Tawana Brawley.”

Hey Oberlin! Can't you take a joke?

Hey Oberlin! Can’t you take a joke?

On  February 2013, the small, elite, ultra-liberal arts (both ultra liberal and ultra-arty) campus of Oberlin College was horrified by a series of racist and anti-Semitic posters, graffiti and anonymous emails. The classes were cancelled for intense self-examination and soul-searching; the news media reported on the shocking episode with dire reflections upon the increasing racial tensions in the U.S. Progressive pundits went further, flogging the story as proof of the assault on minority rights from the right, sparked by their rejection of a black President. From BET’s commentary on the Oberlin incidents:

“The sad truth is that the infection of intolerance is pervasive in American society in the age of Obama. We’re living in an era when Supreme Court justices consider the right to vote for African-Americans to be a form of “racial entitlement.” We’re in a period where Republican candidates for president cavalierly refer to the nation’s first Black commander-in-chief as the “food stamp president.” This is the period in American history that has seen the most highly orchestrated assault on minority voting since the end of Reconstruction. And in the midst of it are Republican elected officials boasting about it.in which two students made seemingly racist and other such for the purpose of getting a reaction on campus, not because they believed the hostile messages.  At least one of the two was an Obama supporter with strong progressive, anti-racist politics.”

It has now been conclusively confirmed by investigative reporters and bloggers that the perpetrators of the wave of apparent racial hate were two students, inseparable friends, who were not conservatives, Republicans or racists, but “pranksters” and provocateurs, who engaged in the conduct to see how the campus would “over-react.” One of the students, Dylan Bleier, had organized a voter drive for President Obama in 2008. His Facebook page announced him as a supporter of the ACLU, a Democrat, a member of the Green Party, and someone who placed “civil rights” at the top if his  interests and priorities. This means that there was not an outbreak of racism on one of the most liberal college campuses in America, but that two progressive students set out to make it seem that way—it was essentially a prank. Continue reading

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Filed under U.S. Society

Ethics Quote Of The Week: Prof. William Jacobson

“The incessant attempt to turn race-neutral phrases into racial testing grounds is part of a larger political war in which race agitators seek to turn everything into a discussion of race all the time in every sphere of life…Equating the race-neutral phrase “brown bag” used in the context of bringing lunch to work with some esoteric past-practice of inter-black skin tone testing is so ludicrous that it may have revealed a chink in the armor of the language police, which can be exploited by the vast majority of Americans of all races and colors who just want to get on with the conversation.”

—–Prof. William Jacobson, deriding yet another outbreak of mind-numbingly ridiculous political correctness word-censorship, an edict against using the term “brown bag” in Seattle, and the unwelcome return of one of the all-time silliest imaginary offenses, a CNBC reporter being criticized for using the phrase “chink in the armor.”

My family thanks you, Prof. Jacobson. This could have been me. And might yet...

My family thanks you, Prof. Jacobson. This could have been me. And might yet…

I (and my loving family, which really, really likes me) need to thank Professor Jacobson, the author of the blog Legal Insurrection, for writing his post about this topic—one I truly hate—-before I learned myself about the “brown bag” memo and especially the unwelcome sequel to the Jeremy Lin “chink in the armor” controversy. For one thing, after a long and infuriating day of traffic jams and car trouble, had I read the reports of these embarrassments to the human species in straight news accounts, some aneurism deep in my brain might well have popped, killing me on the spot. For another, he invested such obvious contempt and exasperation in his excellent post that I don’t have to risk death by working myself into a head-exploding rant-producing fury to do this continuing outrage justice. Jacobson pretty much knocks this hanging curveball right out of the park.

Among other things, he links to his discussions of previous examples of perfectly good, innocent and useful words, idioms and phrases that have been attacked by political correctness fanatics (which, unfortunately, includes a disturbingly large percentage of U.S. Democrats), including such “offensive” terms as black list, “Baa Baa Black Sheep,” rejigger, Providence Plantations, Black Friday, gobbledygook, illegal immigrant, undocumented immigrant, and master bedroom. Inexplicably, the professor left out the grandaddy  of them all and my personal favorite, “niggardly,”  the perfectly good word meaning “stingy” the use of which  once got a supervisor in the D.C. government fired, and which spawned Ethics Alarms’ indispensable Niggardly Principles, 1 and 2. He also chose to omit the long list of various words and phrases MSNBC’s Chris Matthews has declared as racist, including urban, “monkeying around,” welfare, food stamps, and even Chicago, but these are cynical “gotcha’s,” devised to show that every opponent of President Obama is secretly motivated by racial hate. Continue reading

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Filed under Ethics Quotes, Government & Politics, Journalism & Media, Race, Religion and Philosophy, U.S. Society, Workplace

Jury Summation: 20 Conclusions Regarding Elizabeth Warren’s Law License Controversy

1. Elizabeth Warren may have engaged in the unauthorized practice of law in Massachusetts at various times.

2. It is not as clear that she has done so as her primary accuser, Prof. Jacobson, appears to believe, nor is it as certain that she has not done so as her reflexive defenders assert.

3. If she did practice Massachusetts law without a license, it is very unlikely that she did so intentionally.

4. It is also likely that at this moment, she herself is unsure whether she did or not.

5. I very much doubt that if she did as Prof. Jacobson asserts,  that would lead to discipline by the Massachusetts Bar. The discussion of the issues surrounding Warren’s situation make it clear that a) the whole area of unauthorized practice when it involves state and Federal law is relatively unresolved and murky, with even  legal ethics experts in disagreement, b) it would be impossible to separate the professional regulation of the matter from its political content, and 3) any time members of the disciplinary committee slap their foreheads and say, “Damned if I know!” when the discussion turns to what the rules require, discipline is unlikely, and properly so.

6. The fact that Warren may have blundered into UPL between the varying requirements of her two bar memberships and her intermittent practice in Massachusetts does not make her unfit to practice law.

7. It may, combined with her unwillingness to candidly and thoroughly reveal all documents that bear on the issue, call into question her fitness to be a U.S. Senator, especially one running on the proposition that regulations on another profession (the financial sector) need to be strictly followed and tightly enforced. It definitely is worth exploring and explaining to voters, which the mainstream media clearly does not intend to do. Continue reading

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Filed under Character, Education, Government & Politics, Journalism & Media, Law & Law Enforcement

“And Now We Welcome You To Another Episode of “As The Media Shrugs”! Elizabeth Faces Exposure As a Dishonest and Unlicensed Lawyer…Will She Finally Reveal The Truth? Will Voters Care?”

“Nope, no way to Texas; can’t get to New Jersey…maybe I should just bite the bullet and get a Massachusetts law license? Nawww, who’s going to care?”

No major newspapers or broadcast news outlets seem to care, but what was originally dismissed as a partisan blogger’s over-reaching accusation has been bolstered by more than one smoking gun, proving Elizabeth Warren’s untrustworthiness and lack of fitness for high office.

Robert Eno of Red Mass Group, who joins Prof. William Jacobson as a blogger doing dogged and necessary research on the Massachusetts Senate candidate, has convincingly shown that Warren’s justification of her practice in Massachusetts, sans law license, doesn’t work, because what she says can’t possibly be true.

Earlier this week, Warren tried to rebut Jacobson’s allegations by explaining, “I haven’t practiced any law since 2010 since I went down to do the Consumer Financial Protection Bureau. I’ve been a member of the bar in Texas for all of my career, in the Supreme Court bar, and until a few weeks ago the bar in New Jersey.” Warren and her defenders also argued that Jacobson’s claim that she was operating a regular law office out of her Harvard faculty office, which would make her an unlicensed Massachusetts practitioner, was inaccurate. Warren periodically was involved in cases in Federal court, which did not require a  Massachusetts license, they said. All that was necessary for Warren to appear before various Federal Courts was for her to be duly licensed in a state or territory, and file a statutory request to the court to appear.

Warren’s problem: it is beginning to appear that she may not have been properly authorized to practice law anywhere, or, if she was, she had to be using her Harvard office as a regular law office, meaning that she was practicing Massachusetts law. Without a license.

Here is what Eno discovered:

1.  Warren says she has been a continuous member of the Texas bar,which is technically true but misleading. After following her constantly changing spin while explaining her undocumented status as an affirmative action beneficiary, I believe misleading us is her intent. Yes, she has been a member of the Texas bar during her whole career, but during most of that period she was not allowed to practice Texas law, which was the topic under discussion when Warren cited her membership. Kim Davey the Public Information Officer for the State Bar of Texas told Eno that Warren has been on inactive status in Texas since June 1, 1992. Inactive status means a lawyer is not authorized to practice law. Warren says that she only stopped practicing law (while living and working  in Massachusetts) in 2010, which means that she could not rely on her Texas license while she was at Harvard.

2. Thus it must have been her New Jersey law license that made Warren eligible to appear in Federal Court. But there’s a problem there, too. New Jersey rules hold that a lawyer can only be a licensed attorney in good standing in New Jersey if that lawyer maintains a bona fide office for the practice of law. The office can be in any state, but it must qualify as a law office, or New Jersey’s license to practice law is no longer valid.

This means that Warren is mired in a Catch 22. If, as her defenders and Warren have maintained, she was not engaged in the practice of law because her Harvard office did not constitute  “a systematic and continuous presence in Massachusetts for the practice of law” (because Warren was just a typical Harvard law professor who now and then helped write a few briefs for the U.S. Supreme Court and out-of-state federal courts), then she could not meet New Jersey’s licensing requirements, and was practicing law without any valid law license in any state once she went on inactive status in Texas. If, in the alternative, her Harvard office was a bona fide office for the practice of law, rather than a place where she just “dabbled,” then she was practicing in Massachusetts without a Massachusetts license. Continue reading

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Filed under Character, Government & Politics, Journalism & Media, Law & Law Enforcement, Leadership, Professions, The Internet, U.S. Society

More Revelations Regarding Elizabeth Warren’s Alleged Unauthorized Practice of Law, and Why This Matters

Prof Jacobson, on his blog Legal Insurrection, is in line for an Ethics Hero award with his tenacity regarding Elizabeth Warren’s dubious qualifications to engage in the practice of law in  Massachusetts. The overwhelming reaction by his colleagues in legal academia, and mine in the legal ethics community, has been to airily dismiss his arguments as trivial, far-fetched and thinly disguised political warfare, since Jacobson is an unapologetic conservative blogger (and a distinguished one.) Meanwhile, the mainstream media has, I think it is fair to say, completely ignored the story.

Part of this is undoubtedly because of the ignorance of most journalists regarding the importance of the legal ethics rules in question. Part of it is probably due to the accurate assessment by editors and TV news producers that the average American’s brain would switch off right around the time the story mentions Massachusetts Rule of Professional Conduct Rule 5.5 Subsection (c), and will start wondering about how Blair from “The Facts of Life” is going to do on “Survivor.” And part of it, infuriatingly, is because most journalists are willing to forgo the ethical duties of their profession in order  to ensure that a Democrat wins back Ted Kennedy’s Senate seat, and character be damned.

The rude brush off Prof. Jacobson is getting in this wagon-circling exercise is wrong in every way, and does injustice to every person and institution involved, including the Massachusetts legal establishment, the legal profession, ethical lawyers (which, believe it or not, the vast majority of them are), Senator Brown, the U.S. Senate, Massachusetts voters, and the American public. Bar associations across the country regularly punish ordinary lawyers who practice law without proper authorization, and there is a reason: a lawyer who won’t or can’t obey the most basic requirement of the profession—be sure you are practicing law legally—should not be trusted to handle the important transactions and controversies of their clients’ lives. Continue reading

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Filed under Character, Government & Politics, Journalism & Media, Law & Law Enforcement, Leadership, Professions, The Internet, U.S. Society

More From Prof. Jacobson On Elizabeth Warren’s Law License

Uh, guys? Do you even care what really happened any more?

[ Original post here]

He has read various critiques of his analysis and allegations, and addresses them here. Jacobson also spoke with the much quoted General Counsel of the Mass Board of Bar Overseers, and confirmed that  Michael Fredrickson was not speaking officially or on behalf of the BBO, but rather giving his personal opinion.

For my part, I am dismayed, if not shocked, that the legal establishment, as well as legal ethicists who should know better, are letting their political biases dictate their analysis. It is true that Jacobson is an openly conservative blogger as well as a long-time critic of Warren, but he raises legitimate questions that deserve to be taken at face value, whatever their source. The fact Fredrickson, the BBO General Counsel, felt it necessary to personally defend Warren in the absence of sufficient facts strongly suggests a pro-Warren bias in the disciplinary system, where it really shouldn’t matter who breaks the rules, but whether or not they have. Similarly, over at the Legal Ethics Forum, legal ethics legend Monroe Freedman comments,

“It surprises me that so much commentary has been expended on such a relatively unimportant issue, which apparently was raised in the first place to embarrass a candidate for the Senate in a race that has matters at stake that could affect the future of the country.” Continue reading

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Filed under Character, Government & Politics, Law & Law Enforcement, Leadership, Professions