Pundit Malpractice: NBC Sports Defends Colin Kaepernick By Misrepresenting Jackie Robinson

What does Jackie Robinson's autobiography have to do with Colin Kaepernick, you ask? Well...nothing at all, really.

What does Jackie Robinson’s autobiography have to do with Colin Kaepernick, you ask? Well…nothing at all, really.

It also represents a rationalization for unethical conduct that is not currently represented on the Ethics Alarms Rationalization List.

Someone sent Craig this quote, from Jackie Robinson’s  autobiography,  as baseball’s color-line breaker thought back to the first game of the 1947 World Series:

“There I was, the black grandson of a slave, the son of a black sharecropper, part of a historic occasion, a symbolic hero to my people. The air was sparkling. The sunlight was warm. The band struck up the national anthem. The flag billowed in the wind. It should have been a glorious moment for me as the stirring words of the national anthem poured from the stands. Perhaps, it was, but then again, perhaps, the anthem could be called the theme song for a drama called The Noble Experiment. Today, as I look back on that opening game of my first world series, I must tell you that it was Mr. Rickey’s drama and that I was only a principal actor. As I write this twenty years later, I cannot stand and sing the anthem. I cannot salute the flag; I know that I am a black man in a white world. In 1972, in 1947, at my birth in 1919, I know that I never had it made.”

This naturally made Craig, whose mind sometimes cannot help itself from shifting into progressive cant autopilot, think about Colin Kaepernick’s incoherent grandsitting as he refuses to stand on the field with his team for the National Anthem. He wrote,

“Colin Kaepernick is not Jackie Robinson and America in 2016 is not the same as America in 1919, 1947 or 1972. But it does not take one of Jackie Robinson’s stature or experience to see and take issue with injustice and inequality which manifestly still exists…the First Amendment gives us just as much right to criticize Kaepernick as it gives him a right to protest in the manner in which he chooses. But if and when we do, we should not consider his case in a vacuum or criticize him as some singular or radical actor. Because some other people — people who have been elevated to a level which has largely immunized them from criticism — felt and feel the same way he does. It’s worth asking yourself, if you take issue, whether you take issue with the message or the messenger and why. Such inquiries might complicate one’s feelings on the matter, but they’re quite illuminative as well.”

Let’s begin with the fact that there is nothing similar about Jackie Robinson and the 49ers quarterback, except their race and the broad occupation of “sports” that they shared. Continue reading

Ghost Of Ethics Dunce Past: “Hardball” Guest Kevin James

Chamberlain

[CORRECTION: Boy do I feel stupid. For some reason Slate ran a story about this ridiculous exchange on Hardball, and it confused me into thinking it was current, and related to the Iran deal. My mistake; thanks to Rick Jones for flagging it. Other than the time frame, everything I wrote about James (and Matthews, and MSNBC) stands, and James’ pundit malpractice deserves as much exposure as possible. I’ve made a few edits to eliminate the confusion, which was all mine. I must say, however, I question the need for dredging up past idiots on political talk shows when there is such an abundance of current ones]

I didn’t know who Kevin James was—all I could find were references to the comedian who starred in “King of Queens.”  Apparently this James is a former L.A. mayoral candidate, a lawyer, and radio talk show host. Because MSNBC likes playing the game of finding the most ridiculous, inarticulate, wild-eyed, nut-ball conservative it can to represent any position the network’s ideological clones oppose, Chris Matthews used this guy in 2008 to explain whyt Republicans  thought Obama was “an appeaser” like Neville Chamberlain.  James’ position was that Obama was following in the infamous footsteps of  Chamberlain, who appeased Hitler in Munich while trumpeting “Peace in our time.”

Incredibly, James had no idea what Chamberlain did, and maybe even who he was. Matthews humiliated him by exposing his guest’s jaw-dropping ignorance as James shouted, protested and broadcast to all that he was the epitome of a badly educated, unprepared ideologue, out of his depth, his league, and his mind: How could any sane individual go on TV to compare Obama to Neville Chamberlain without doing the minimal research necessary to justify the comparison?

This is incompetent and irresponsible punditry, advocacy malpractice, and rank stupidity. Of course, it is also unethical for Matthews and MSNBC to allow anyone so abysmally unqualified to be a guest, but fish gotta swim, birds gotta fly. Still, the majority of the blame has to fall on James.

This fool was a federal prosecutor?

I bet the other Kevin James would have done better.

But he might not have been funnier.

Watch, and wince:

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Spark and Pointer: Slate

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading

Ethics Dunce: Mercedes Colwin

It's a mystery: why would Fox News choose her as a legal analyst?

Attorney Mercedes Colwin, an attorney and Fox News commentator, just committed pundit malpractice while discussing the Casey Anthony verdict on Sean Hannity’s radio show. Her professional biography says that she has practiced criminal defense law. If so, she has done so laboring under some serious legal ethics misconceptions.

Said Colwin, in response to Hannity’s query about her past representation of guilty defendants:

“If my client says he did it, then I can’t defend him. I can’t then go into court and say he’s innocent; I’m an officer of the court, Sean!”

What??? Wrong, wrong, outrageously wrong, inexcusably wrong! And also: ARRRRRGHHHHH! Continue reading