Death By Hypocrisy

Fake Newseum…

Johns Hopkins is buying the Newseum building in Washington, D.C., ending a depressing saga. The Freedom Forum, which ran the failed institution, made predictable brave statements about soldiering on, but the Newseum is dead, and deserved to die.

It is tragic, however. There should be a museum in the nation’s Capital chronicling the history of Freedom of the Press in America: John Peter Zenger, Nellie Bly, Horace Greeley, Hearst, Woodward and Bernstein, New York Times v. Sullivan, the Pentagon papers, the Boston Globe’s exposure of the Catholic Church child molestation cover-up and so much more. The problem is that today’s journalists no longer believe in or can be trusted to practice the kind of journalism that the Newseum celebrated, but had to pretend they did or the place would be more of a memorial than a museum.

Here , for example, was a laughable section, since removed, from 2009—you know, after the news media mugged John McCain, attacked Sarah Palin relentlessly for lacking “qualifications” to be Vice President while coronating Barack Obama, whose qualifications for the Presidency were far fewer, and generally acted as part of the Democratic Party’s campaign organization because electing a black President justified abandoning all objectivity and independence: Continue reading

Saturday Ethics Warm-Up, 1/26/19: A “Who’s The Most Unethical?” Poll

Good Morning!

Let’s play “Who’s the Most Unethical?” Today’s contestants…

1. About that missed call. In last weekend’s NFL play-off game won by the Rams over the Saints, the refs missed blatant pass interference that all agree should have been called, but wasn’t. Most also agree that the officiating botch probably cost New Orleans a title the team deserved to win, as well as a trip to the Super Bowl. Some fans are even suing the league, demanding that the game be replayed from the moment of the infraction. Of course, in the age of TV replays, there was no excuse for any of this. An official watching the game on video in a booth somewhere had to know there was interference, as did everyone watching the game in bars and living rooms around the nation. NFL rules, however, don’t permit reversals of calls on that particular kind of play, at least until Locking the Barn Door After The Horse Has Gone, NFL-style, kicks in after the season, and the rule is changed.

I’m always thrilled to see pro football embarrassed, especially when it has significance for baseball. All season long, in discussions among broadcasters, ex-players and sportswriters about whether Major League Baseball should computerize ball and strike calls as they easily can, I kept hearing the fatuous argument that human error was “part of the game.” The point is ridiculous, and thank you, NFL, for graphically illustrating why. In a sports competition, the team that has played the best and deserves to win after all the vicissitudes of the game—the bad bounces and lucky breaks—have taken their toll should triumph, and fans of the game should be able to trust that it will. For the wrong team to win because a non-player makes an error of omission or commission that is obvious to everyone cannot be tolerated by a sports organization with any respect for its sport or its followers. Allowing a championship to be wrongly decided because of an official’s error isn’t charming, it’s horrible. If it can be prevented, and it can, then it is unethical not to. Continue reading

Morning Ethics Warm-Up. 11/27/18: Unethical Perry Mason, Icky Science, Race Card-Playing Democrats, Intrusive Bosses And Slanted History

Good morning…

1. They are showing “Perry Mason” reruns again on cable TV. That was the show that made my generation want to be lawyers, under the delusion that a defense attorney could regularly prove a criminal defendant innocent. (Pssst! They are almost all guilty.) The show holds up, but boy, Perry was sleazy. In an episode I watched while I was sick, he had his investigator tell the hapless prosecutor, Hamilton Burger (Ham Burger to his friends) that he had found an incriminating piece of evidence that proved someone other than Perry’s client had committed murder. Ham relied on the information and got the killer to confess once he was faced with the production of the “smoking gun.” But Perry’s investigator hadn’t really found anything.

Having one’s agent lie to the state prosecutor is a serious ethics breach. Perry also caused the DA to tell a falsehood to get the confession, though Burger wasn’t lying, since he believed Perry’s contrivance. Prosecutors are no more allowed to lie than other lawyers, but when they do lie “in the public interest,” they seldom get more than a slap on the wrist from courts and bar ethics committees, if that. Burger didn’t seem very upset that Perry conned him, because the real killer was caught. The ends justifies the means, or did in “Perry Mason.”

2. Ick or ethics? A Chinese scientist claims that he had successfully employed embryonic gene editing to help protect twin baby girls from infection with HIV. We are told that bioethicists in China and elsewhere are reacting with “horror.” Writes the Times,

“Ever since scientists created the powerful gene editing technique Crispr, they have braced apprehensively for the day when it would be used to create a genetically altered human being. Many nations banned such work, fearing it could be misused to alter everything from eye color to I.Q….If human embryos can be routinely edited, many scientists, ethicists and policymakers fear a slippery slope to a future in which babies are genetically engineered for traits — like athletic or intellectual prowess — that have nothing to do with preventing devastating medical conditions.”

As with cloning, my view on this controversy is that a new technology does not become unethical because of how it might be used. That unethical use will be unethical, and that is what needs to be addressed when and if the problem arises. (Airplanes could be used to drop atom bombs!) The fear of “designer babies” also seems to be an example of “ick”—it’s strange and creepy!—being mistaken for unethical. Making stronger, smarter, more talented and healthier human beings is not in itself unethical, even if it is the stuff of science fiction horror novels and Josef Mengele’s dreams. Continue reading

Thanksgiving Day Ethics Warm-Up, 11/22/2018: Turkeys And Vampire-Slayers

Happy Thanksgiving!

Now don’t let any “turkeys,” related or not, spoil it for you. This is a uniquely American holiday, celebrating our history, journey, values and culture, remembering the value of family, and extolling  qualities that Americans should all try to embrace in their daily lives: generosity, empathy, charity, loyalty, perspective, respect and gratitude. Once it was regarded as a religious holiday, but as the culture has gradually rejected religion, for better or worse, and not without the full complicity of organized religions whose conduct would repel anyone, the holiday has struggled to find new moorings. Its value as a yearly ethical touchpoint makes that struggle worth continuing.

1. Speaking of Thanksgiving “turkeys”...A helpful Twitter-user compiled these shots from various progressive websites and blogs:

Nice.

One of the things I have long been thankful for was the excellent training I received at our family dinner table from my proudly iconoclastic father, who could argue any side of any issues, and did, just to teach his kids that they better have a firm grasp of facts, logic, language, and critical thinking before making any assertion, lest they be made to look like fools. He also taught the value of an open mind, and resisting lazy conventional wisdom without foundation, like, say “Trump is a racist.”

2. This one is Obama’s fault. Though heated political arguments were always a potential part of family gatherings, it was Obama’s administration and his allies that made the disgusting decision to weaponize the holidays, commanding their human drones to arrive at gatherings ready to argue the benefits of the Affordable Care Act, and providing brochures and videos to help them accomplish the mission. (Bulletin from Justice Roberts: “There are no Obama Thanksgivings or Trump Thanksgivings!”) Continue reading

“Antigone In Ferguson”: Embedding The Lie

Mike Brown’s father during a discussion after the performance.

“Antigone in Ferguson”  premiered at Normandy High School, Michael Brown’s alma mater, in September of 2016. Now the Harlem Stage is presenting it in New York City, Off-Broadway. A play is a play and art is art; artists are going to enable juvenile, half-baked and even destructive political ideas and themes, and playwrights will turn their perceptions of reality into stagecraft that they often are far more qualified to execute than the task of making sense out of the world. This drama was conceived and directed by the activist playwright Bryan Doerries in response to the shooting of Michael Brown in Ferguson, Missouri four years ago,  overlays the structure of the ancient Sophocles Greek tragedy with a distorted version of Brown’s death and its aftermath. The goal, says the sympathetic—complicit may be a better word—New York Times, is “to open the door on the thoughts and feelings aroused by the shooting of the 18-year-old Mr. Brown by a white police officer, and by the protests that followed. ”

The play is championed by the Brown family, which means that in part it exists to perpetuate a politically useful lie and the  apparently invulnerable narrative that Brown was the innocent, sweet-natured victim of a racist cop who murdered the teen in the streets of Ferguson, and then got away with his deed because the white justice system is bent on killing young black men.

This quite simply is not what happened. The racialist Obama Justice Department was eager to be able to show that the officer was a killer, but in the end, despite the sympathetic spinning of the news media for months, the evidence did not support that conclusion, and no charges could be brought. Mike Brown, stoned and freshly off roughing up a storekeeper, resisted a lawful arrest, tried to grab a police officer’s gun, and then, when he focused his imposing 300 pound mass on charging the smaller cop who arrested him, got himself shot—stupidly, needlessly. His friend on the scene, however, quickly concocted the “Hands up! Don’t shoot!” exchange that never happened, and as that false version slowly twisted its way from slogan to protest to debunked myth, the facts of Brown’s case were neatly discarded for a narrative that advances the cause of division, anti-police bias, racial hatred, and more. Continue reading

Morning Ethics Warm-Up, 9/5/2018: Doppelgangers And Other Weirdness

Oh-oh! It’s a creepy morning…

1. If “there are no coincidences,” then what the hell does THIS mean? The ethics category, if there is one, would be “Nature Incompetence,” or perhaps “deity abuse of power.” Look at minor league baseball pitcher Brady Feigl:

Oh! I’m sorry! I meant “Look at these TWO minor league baseball pitchers who are both named Brady Feigl.” One is in the Texas Rangers system, and the other is in the Oakland A’s system.

A similar example of God fooling around for his own amusement and our confusion had historical significance.

This man is Will West, a convicted criminal who was sent to Leavenworth Prison in 1903…

 

…and this is William West, who was already being held there:

The fact that the two men were so facially similar helped convince American law enforcement to begin using fingerprints rather than facial measurements for identification.

2. Over-blown conservative news media controversy of the week: In “First Man,” Ryan Gosling plays Neil Armstrong. For some reason, director Damien Chazelle decided to omit the iconic moment when Armstrong planted the American flag on the Moon. The Horror. Fox News can’t stop talking about it. President Trump has declared that he’ll boycott the film. Morons. Continue reading

Morning Ethics Warm-Up, 8/20/2018: Racing The Battery Edition

Good Morning!

Well, I found a Best Buy in Erie (above), so barring a new catastrophe, I should have a full charge this afternoon and can begin catching up. I am sorry about the inconvenience caused by this self-inflicted problem. I’m afraid to even look at the Ethics Alarms traffic: this August has already been historically bad in that respect. Thanks for your patience.

Fell free to write about any ethics issue that concerns and interests you here while my little netbook is charging, assuming it does. Right now I’m on fumes…

1. Does the New York Times have access to a legal ethicist? How about a competent lawyer? In this story, the Times suggests that the White House doesn’t know what the White House Counsel told Robert Mueller in November. That’s ridiculous, and, I submit, impossible.

By all accounts, Don McGahn, is a competent, experienced ethical lawyer, and like all competent, experienced ethical lawyers, he knows that it is his core duty, under Rule 1.4 of every set of legal ethics Rules in the nation, to…

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

A lawyer doesn’t have to be asked to do this; a lawyer can never use the dodge, “Why didn’t I tell you? You never asked?” with his client. It is true, as the various talking heads kept repeating yesterday, that President Trump is not McGahn’s client, the Presidency is. However, in terms of the duty of communications for a lawyer with McGahn’s job, that distinction is meaningless. I’ve been trying to come up with any kind of statement or revelation that a White House Counsel could give to a Special Counsel that he would not be obligated to immediately reveal to the President.

I could write for hours on this topic, and eventually I will. But the starting point is that the Times is misleading the public. Again.

2. Fake news from the religious right: a Fox News headline today was “Little Girl Kissed By The Pope Is Cancer Free.” This is deceitful nonsense, implying that the Pope healed the girl by the touch of his Holy Lips.  She was undergoing cancer treatment. Her family credits the doctors there with the “miracle.” The Pope himself has not claimed that she was healed by his touch. “Little Girl Who Cheers For Boston Red Sox Is Cancer Free” would be a similar headline. Continue reading

Morning Ethics Round-Up, 8/16/18: Those Wacky Conways, And The Anti-Trump News Media Goes To The Dogs

Good morning.

1. A conspiracy theory about a conspiracy theory about conspiracy theorists...Last night, a CBS procedural that I am finally sick of, “Criminal Minds,” appeared to be taking sides in the Trump vs. the FBI wars, with a side-swipe at Alex Jones, not that there’s anything wrong with that. The episode set up a conflict between the Good FBI agents who are the stars of the show, and the crazy, paranoid, anti-government  “Truthers” who see government law enforcement as sinister and manipulative. (There was special focus on the ridiculous Sandy Hook conspiracy theory, with one of the tough serial killer hunter breaking down in tears remembering the massacre.) The most vocal anti-FBI character in the episode, who sneered out her every line about the series heroes (bad direction, in my view), was revealed at the end as the “unsub,” the psychopathic killer.

For some reason this was the first time it occurred to me how much prime  time network TV serves as a PR service for the FBI, with the virtue, bravery and unquestioned rectitude of the agency and its employees being central to multiple dramas. The propaganda is escalating too: Dick Wolf of “Law and Order” fame is launching a new CBS series called, creatively, “FBI.” You would think, would you not, that this would be an odd time to produce such a series, with the reputation and credibility of J.Edgar’s baby at an all-time, and most deserved, low. However, Hollywood and the entertainment industry now sees its role differently than seeking mere ratings.

There is nothing wrong with TV writers and producers bring their political agendas into our living rooms, and there’s not a thing we can do about it anyway, other than change channels. Rod Serling used to get awfully preachy sometimes on “The Twilight Zone.” This was mighty ham-handed pro-Peter Strzok advocacy, though by CBS, or at least it seemed that way to me.

2. Marital Ethics. This is weird. Ethics Alarms has discussed the unethical conduct of Kellyanne Conway’s husband George, who has become a popular “resistance” and #NeverTrump figure by tweeting virulent criticism of the President, who employs his wife. Now Kellyanne has escalated the problem with an interview criticizing her husband, telling a reporter that his sniping ” is disrespectful, it’s a violation of basic decency, certainly, if not marital vows.”  Then, according to an AOL report, she asked that her comments be attributed to “a person familiar with their relationship.” The reporter, correctly, refused.

It is a breach of loyalty and respect for one spouse to criticize the other in the news media. It is cowardly and a breach of honesty to criticize one’s spouse and to try to remain unaccountable for it by pretending the critique came from someone else.

What a fun couple! What a strange couple. What an unethical couple… Continue reading

Sunday Morning Ethics Hangover, 7/15/2018: “Animal House” And The Death Of Truth [UPDATED!]

Good Morning!

(WordPress isn’t working properly this morning. Perfect…)

1. Not being biased helps you be non-stupid…Yesterday, chatting with lawyer attendees at my ethics seminar, a former government attorney told me that he had several ex-FBI colleagues who were horrified at many aspects of the Peter Strzok hearings, as was he. Among their concerns:

  • The news media was failing its duty to explain to the public the duties of professionals, and why Strzok’s conduct was unacceptable, unethical, and undermined the credibility of the investigations he was involved in.
  • Democrats were defending the indefensible, and also breaching their duty to the public. They ought to be exactly as outraged as Republicans at a figure as demonstrably biased as Strzok polluting important law enforcement inquiries, and also should have rebuked him for his defiant attitude.
  • The Strzok scandal was immensely damaging to the public image of the FBI, and should be. It demonstrates an agency that has been seriously mismanages, and that has a damaged culture.
  • The simple fact that Strzok would use FBI equipment to send his texts demonstrated outrageous incompetence and lack of judgement. Even setting aside the bias issue, for a key figure in an investigation to behave so recklessly proves that the current FBI is untrustworthy.

Naturally this is gratifying, since the positions are all consistent with those I have expressed here, and also because they are correct.

2.  When miscreants emulate “Animal House” and Democrats applaud...We also discussed Strzok’s ridiculous “Otter defense”in the hearing, as he emulated the cynical (but in that case, funny) argument offered by the “Animal House” character played by Tim Mathieson (“Take it easy! I’m pre-law!” “I thought you were pre-med!” “What’s the difference?”) in a student council hearing over his fraternity members’ outrageous conduct, especially his own:

” Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests – we did. But you can’t hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you, Greg – isn’t this an indictment of our entire American society? Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America!”

This, of course, is exactly the disingenuous tactic employed by Strzok when he pronounced himself grievously offended that his accusers would dare to impugn the integrity of the FBI, knowing well that the harm done to his agency was entirely due to his own actions. Continue reading

Saturday Morning Ethics Warm-Up, 6/2/2018: Goodby, Shut Up, My Condolences, WHAT??, And Don’t Say I Didn’t Warn You!

Feelin’ groovy!

1.  The Republicans keep robocalling, and the Democrats...keep emailing. I have protested both. However, right now I am really ticked at the Democrats, whose endless lists I have dutifully asked to be deleted from, then been told that my cyber-door would not be darkened by them again, only to have Tom Perez, Nancy Pelosi and Keith Ellison, plus  show up in by in-box the next day. Do they think this direct violation of my privacy along with their own assurances doesn’t reflect on their fitness to govern? If so, they are wrong.

2. Great news! Now you can identify as British for no good reason whatsoever. I love this story: Thomas J Mace-Archer-Mills Esq. and his insight into the British monarchy a regular feature TV  during that royal wedding I missed because of a sock drawer crisis. His website lists  many media appearances, and one article described him as “the most interviewed man” on the subject of the Wonderful Nuptials.

It has now been revealed that Thomas J Mace-Archer-Mills Esq. is really  Tommy Muscatello, a 38-year-old Italian-American who grew up in upstate New York. But he says he  identifies more as  British than American, so there is that.

Now imagine how well anonymous sources are vetted by crack journalists. [Pointer: Curmy)

3. About that “fever”…An esteemed commenter here proclaimed his exit because of Ethics Alarms’ characterization of the so-called (actually “cleverly-called” is appropriate) “Spygate” scandal (here and here), saying that he would be gone until “the fever” had passed as if questioning the integrity of the Justice Department’s Trump investigation/ “resistance” assistance is obviously a partisan delusion. I almost made that post a Comment of the Day, except that I concluded that denial shouldn’t be mocked. It is, after all, the first of the seven stages of grief, and apparently one which Democrats and progressives are stuck in, while others have progressed at least as far as anger (Stage #3), culminating in episodes like a female comic calling the President’s daughter a “cunt” on television to reactions like this.

Anger, however, only makes one seem overcome with emotion. Denial makes us look blind and gullible. I do not understand the Left suddenly trusting the FBI (Hoover? Felt?) and the Justice Department as if they have always been paragons of virtue. This is pure denial, or, if you prefer, ignorance. If anything, there should be a presumption of politicization in the Justice Department, particularly the Obama version and particularly in light of the post-election conduct of its holdovers like McCabe, Comey and Yates. The FBI, meanwhile, is permanently scarred by Comey’s self-celebration tour, his book, his botching of the Clinton investigation, his dubious testimony before Congress, and his probably illegal leaks of classified information specifically to cause problems for President Trump.

A beloved relative, also in denial, actually tried to tell me last week that the astoundingly suspiciously-timed tarmac meeting between Loretta Lynch and Bill Clinton shouldn’t have raised any alarms. She’s a lawyer. She’s brilliant. She’s sincere. She’s also in denial, Stage 5. That was such a perfect example of the appearance of impropriety that a photo of it should be on Wikipedia under “appearance of impropriety.”) When the leaders of the FBI do things like that in the middle of a Presidential campaign, how can someone of good faith and full cranium argue that it’s irrational to question the act of the same people placing a mole in the Republican candidate’s campaign?   This is the pot calling the Corningware black.

Those in denial have their perceptions warped by their own fever, one that causes them to assume, absent any evidence whatsoever, that President Trump must have been working to steal the election. (They also assume he is guilty of other impeachable crimes, they just don’t know which ones.) Hillary lost, you see, and the polls said it was impossible, so he must have cheated. It can’t be that Trump won because he was running against an epically terrible candidate smugly presenting herself as the “third term” of a spectacularly inept and divisive President. It just can’t. Continue reading