spin

“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?”

/ Jack Marshall / 13 Comments

“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 →

Exposing the Fact Check Game

/ Jack Marshall / 1 Comment

Ethics Alarms generally doesn’t deal in links alone, but I just had the experience of working for several hours on an ethics issue only to see an excellent post on the same tipic pop up on my computer screen, rendering my work both moot and inferior.  James Taranto, the sharp, funny, perceptive Wall Street Journal political blogger and wag  has long been fuming about the bias and incompetence of so-called “fact-check” features, as have I. He has never before done as thorough an analysis of their performance, however, as today, and it bears reading.

Taranto is a conservative, and the charge of leftward bias accompanies his commentary, but I don’t see how it could be otherwise. If there is a right-leaning fact-check feature, I haven’t encountered it. I continue to respect the Annenberg Foundation’s Factcheck.org, as it does the best job of controlling its own liberal bias and generally avoids the devices Taranto flags in his article. Still, its bias is often detectable, as I told its managing editor a few years ago when she addressed a luncheon I attended. She denied it; I had examples. She was not happy with me. Continue reading →

“You Didn’t Build That” Ethics

/ Jack Marshall / 20 Comments

“If you’ve got a business, you didn’t build that.”

With those words, President Barack Obama handed the Romney campaign a rich and evocative phrase more ripe for political exploitation than even his Republican opponent’s juiciest gaffes, like…

  • “I like being able to fire people “
  • “I’m not concerned about the very poor “
  • “Corporations are people”

Since every one of these quotes were misrepresented by both pundits and Democrats, taken out of context and unfairly characterized, it’s hard to blame Republicans for jumping on President Obama’s provocative rhetoric, and using it for all it’s worth…which, I suspect, if you want to paint the President as a socialist who wants to punish success and give the fruits of  risk-taking and hard work to the slack and unsuccessful, is a lot.

Here’s the Wall Street Journal’s James Taranto:

“The president’s remark was a direct attack on the principle of individual responsibility, the foundation of American freedom. If “you didn’t build that,” then you have no moral claim to it, and those with political power are morally justified in taking it away and using it to buy more political power. “I think that when you spread the wealth around, it’s good for everybody,” Obama said in another candid moment, in 2008.”

And here’s Mitt, making the most of it: Continue reading →

The University of Montana, Campus Rape, and the Penn State Disease

/ Jack Marshall / 17 Comments

The Justice Department is investigating this issue, so I am hardly going to get to the bottom of it in a blog post. But there is obviously a rape and sexual assault problem at the University of Montana, and to conclude that the administration is a large part of the problem doesn’t take much of investigation. This certainly appears to be a school suffering from the Penn State disease, in which the values of the institution place public relations, spin and, once again, football above the welfare of past, present and future victims.

Let us just begin with this salient fact:  and President Royce Engstrom still has his job. In February, a student who was a Saudi national was accused in two campus incidents, one involving a rape, and another involving sexual assault. Records show that the first action taken by the administration, in the person of now-retired UM Dean of Students Charles Couture, was to alert the accused, advise him, and suggest that he get out of Dodge before he could be arrested—which he did, fleeing to Saudi Arabia. The police didn’t learn about the complaints for a week, and by then the alleged student rapist was long gone. Then Engstrom had the jaw-dropping gall to tell the press that this was a good thing, and that his staff had acted in a “timely” and “appropriate” fashion. “We can let people know we have dealt with these (alleged assaults) and that particular perpetrator is gone,” Engstrom said.

In a word, unbelievable. Continue reading →

Supreme Court Headline Ethics: Our News Media, Misleading Rather Than Informing

/ Jack Marshall / 5 Comments

The Supreme Court handed down its decision in Arizona v. United States today. This was the eagerly awaited case that addresses the issue of what the states can do to stem the tide of illegal immigration without encroaching on Federal authority, when Federal authority appears unwilling to enforce the nation’s immigration laws.

The decision was complex. Three provisions of the law were found to be preempted by Federal law and thus struck down, but they were provisions that have seldom been discussed in teh news media during the year-long controversy over the Arizona measure. The fourth provision covered in the opinion, the core of the law and the aspect of it that Democrats and illegal immigration advocates called “racial profiling,” was upheld, but with a caveat: if it was enforced in a fashion that violated Constitutional rights or raised preemption issues, it could be overturned later.

Meanwhile, after being smeared by the Obama Administration’s allies as politically-driven and without integrity, the split among the Justices defied the slander of its critics. Chief Justice Roberts joined the liberal wing of the Court to overturn the three provisions of the law.  Arch conservative and Bush appointee Justice Alito concurred with the banning of one of the three provisions. Hispanic Justice Sotomayor voted to uphold the papers-checking provision that the man who appointed her, President Obama, falsely described as allowing police to “harass” Hispanic citizens who were “eating ice cream” with their kids.

In short, like most Supreme Court decisions, the final opinions defied one-line analysis. This means that honest, ethical, objective and competent news sources shouldn’t and wouldn’t try to summarize the substance of the decision in a headline that was sure to mislead a reader who didn’t take the time to read the rest of the story (or, in truth, the actual opinions themselves, since the journalists who write stories about court cases generally do a terrible job). Yet here is sampling, gleaned from a Google search, of what the various publications, news networks and websites offered as headings. Judge for yourself how objective and fair they are: Continue reading →

Is Watching A President’s Speech A Civic Duty?

/ Jack Marshall / 4 Comments

It certainly was regarded as one once. Back in the ancient days when there were just three TV networks and no cable, Americans didn’t even complain that all three would be broadcasting Presidential addresses at once, causing them to miss “Sugarfoot,” “McHale’s Navy,” or “The Gale Storm Show.” Ratings for Presidential speeches have been steadily declining, however, since the advent of cable and satellite TV, and the perpetual campaign mode of recent Presidencies has played a role as well.

I am a American Presidency enthusiast, as if you couldn’t tell, and I feel guilty about skipping President Obama’s address on the economy last night, as I feel guilty every time I re-arrange my sock drawer when POTUS speaks to the nation. That’s been my habit for a long, long time. Yes, I never miss inaugural addresses, and I always watch the State of the Union speech, though that commitment is on life support. The rest? If there is a genuine and immediate crisis, an announcement of war or something similarly earth-shattering, I’ll be in the TV audience. Addresses like last night’s, however—-vaguely political speeches calculated to bolster support, spin bad news or bash the opposition—-those I just can’t tolerate, and haven’t for decades. Continue reading →

Dear News Media: Please Stop Spinning…It’s Unethical. Also Embarrassing.

/ Jack Marshall / 6 Comments

[I’m on the road in Syracuse, and posting to the site has become slow and challenging thanks to losing half the letters on my keyboard, including a, s, and c. The problem has required me to compose by copying words from other sources and pasting them into sentences—you know, like ransom notes cut from newspaper headlines?—or using the online keyboard, which is like writing in alphabet soup. This means that I may have to add some fixes when I get home tonight, and that I will be about five topics behind. Thanks for your patience.]

The coverage of the Wisconsin recall was not a good sign for those of us hoping that the news media might choose to reform its ethics and objectivity standards in time to serve the public properly during the 2012 campaign season. Remember when Fox was the only network openly cheerleading for particular candidates, political figures and parties? MSNBC soon topped it in that regard to a nauseating extent, and now all of the networks, and much of the print media, are following the trend.

It makes no sense in the case of the recall. Why should journalists have a position to push in Wisconsin politics? Why are they taking the sides if public unions? The phenomenon has to be market driven, or, in the alternative, the result of widespread stupidity. Yes, I suspect the latter. Continue reading →

Newark Mayor Cory Booker Recants

/ Jack Marshall / 14 Comments

Don’t feel bad, Mayor. Galileo understands.

When, I wonder, will the political parties realize that having spokespersons with proven credibility and integrity, who will speak the truth and not embrace cynical, misleading talking points, can only help the parties’ causes? Based on the sad Corey Booker episode, I’m guessing the answer is “Never.”

The Obama campaign, taking its cue from New Gingrich (which itself is disturbing), put out what can only be called an anti-capitalism ad, condemning Mitt Romney’s leadership of  Bain Capital, a private investment firm that acquires companies, streamlines and repairs them to make them profitable, or liquidates them if they are not. The ad relies on breath-taking ignorance of how investment and business creation works, but fits nicely into the Occupy Wall Street mythology. For a President trying, theoretically, to get the economy humming again, it was a stunning example of campaign deceit.

Cory Booker is Newark’s Democratic mayor, a devoted Obama supporter, and like his state’s Republican Governor Chris Cristie, remarkably willing to tell the truth, for someone in his field. On Sunday’s “Meet the Press,” Booker pronounced the Bain ad “nauseating”:

“If you look at the totality of Bain Capital’s record, they’ve done a lot to support businesses, to grow businesses. And this [the ad], to me, I’m very uncomfortable with….I have to just say, from a very personal level, I’m not about to sit here and indict private equity. I live in a state where pension funds, unions and other people are investing in companies like Bain Capital.” Continue reading →

The Curse of the Honest Vice-President and the Evolving President

/ Jack Marshall / 1 Comment

“EEEK! The President is EVOLVING!!!”

Vice-President Joe Biden sent Washington, D.C.’s pundits into a tizzy when he told  NBC’s “Meet the Press” last Sunday that he was“absolutely comfortable” with same-sex marriage. It is amazing, when Biden has lapped all previous Vice Presidents in goofs, mistakes, outrageous statements and embarrassments that this statement—honest, reasonable and forthright—should be regarded as a serious blunder. What did he do wrong this time? As Dana Milbank of the Washington Post put it, Biden “committing the classic Washington gaffe of accidentally speaking the truth.”

And why is it a gaffe for this Vice President to tell the truth by stating his support for a position strongly favored by the majority of Democrats, and increasingly the public as a whole? Why would Biden be off message by embracing a core cause of the gay, lesbian and transgendered community, which is overwhelmingly in the Obama camp? The answer is that he has embarrassed the President by calling attention to the fact that President Obama has conspicuously avoided making such a clear and unequivocal statement on the issue, because he wants to avoid being open, honest, direct and truthful about his views on gay marriage until after the election. Continue reading →

Ethics Hero: CNN’s Anderson Cooper

/ Jack Marshall / 14 Comments

Will wonders never cease —- an outbreak of legitimate, fair and balanced journalism on CNN!

Once again, I find myself in the conflicted position of bestowing Ethics Hero status on someone who did no more than meet his professional duties. This is broadcast journalism we are talking about, however, where unbiased professionalism is as rare as the ivory-beaked woodpecker. Anderson Cooper may have been just doing his job, but he was doing it well and ethically, which means that he qualifies as a promising role model as we head into the ugliness that promises to be the 2012 campaign. Continue reading →