Sir Thomas More

Bravo! Professor Turley And Sir Thomas More On The Disgraceful, Dangerous, And Deranged Professionals Of “The Resistance”

/ Jack Marshall / 2 Comments

Law professor/blogger Jonathan Turley’s latest essay, “Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps” had me at “Roper,” Turley’s direct reference to the most often posted movie clip on Ethics Alarms,* the scene above from “A Man For All Seasons.”  Turley applies the scene correctly, too, to the depressingly large mob of previously respectable and responsible lawyers, elected officials, scholars, academics, journalists and pundits who have betrayed their professions’ values and ethics to falsely tell a gullible public that the President and members of his family, campaign and administration have committed treason, espionage, conspiracy, election fraud and obstruction of justice when such accusations are not supported by law or precedent, evidence, facts or common sense. These accusations are, rather, the product of unreasoning fury and bias sparked by Donald Trump’s election as President.

Some of the individuals Turley names, like Senator Tim Kaine, Hillary’s running mate, may be just spewing political bile out of a lack of integrity. Kaine is a former prosecutor and should know better. Some, like Cornell Law School Vice Dean Jens David Ohlin, may be examples of bias making smart people stupid. MSNBC legal analyst Paul Butler, who claimed Trump was “conspiring with the U.S.’ sworn enemy to take over and subvert our democracy,” and who declared it is now “clear” that “what Donald Trump Jr. is alleged to have done is a federal crime” are, sadly, typical of how the unethical and dishonest the news media now behaves much of the time. As for my fellow legal ethicist Richard Painter, also fingered by Turley, I’m convinced from his increasingly extreme and hysterical anti-Trump analyses  that he has been driven to the edge of madness by Trump’s election. He’s not the only one.

Turley also points to former Watergate assistant special prosecutor Nick Akerman, who is just plain wrong. One cannot claim, as Ackerman does, that there is “a clear case that Donald Trump Jr. has met all the elements” of a violation of the election laws when, as Turley points out, no court has ever reached such a conclusion. That is prima facie evidence that there is no clear case.

Echoing More, Turley writes, Continue reading →

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

/ Jack Marshall / 72 Comments
"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, where Hillary Clinton spoke yesterday. Students told reporters that the Secret Service locked them in their classrooms as the Democratic presidential candidate arrived. Continue reading →

An Ethics Breach That Matters: Betrayal Of The Rule Of Law And Democracy

/ Jack Marshall / 53 Comments
In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

The consensus among objective legal observers is that President Obama’s unilateral amendments to a bill passed by Congress and signed by him into law exceed his constitutional authority, are illegal, and violate his oath to “preserve, protect and defend the Constitution of the United States.” Worse, they create a precedent that endangers the nation’s freedom,  as protected by the rule of law and the system of checks and balances, by laying the foundation for more obtrusive and dictatorial acts by future Presidents, who are sure to notice that the negative consequences of this blatantly unconstitutional act were nil. The President and the executive branch shares responsibility for this dangerous and irresponsible display of autocratic lawmaking with both houses of Congress and both political parties, none of which have demonstrated either the integrity or the courage to oppose him, for varying reasons.

It is depressing and indeed disgusting that our successful democratic system of government  created out of the vision and sacrifices of so many men and women of character, ability and high ideals is being progressively undone by fecklessness, incompetence and political expediency. That, however, is the plot playing out on the national stage, and these are the perpetrators: Continue reading →

“The Judge in the Hat” (With Apologies To Dr. Seuss)

/ Jack Marshall / 15 Comments

antonin-scalia hat

The sun did not shine.

Inaugurations are gray.

So reporters sat mocking the people that day.

Senator Claire McCaskill tweeted just what they said.

“Why does Justice Scalia have THAT on his head?”

“It’s a beret on steroids!” one journalist claimed.

“It’s so floppy! It’s silly! He should be ashamed!”

But the mockers just showed what they’d proven  before:

They are dim wits, for the hat honored Sir Thomas More. 

It is seen on his portrait, sitting right on his hair,

And Scalia had chosen his fashion with care.

Brave Sir Thomas fought power abused by a king,

And he died fighting tyranny, beheaded one spring.

For Scalia to emulate More on this day

Meant his hat was a message, and not just some beret.

He was telling this President, as More might have said it,

“Keep abusing your powers, and you will regret it.

Obamacare skated when Roberts’ mind quit,

But  we’ll fight for the Founders, don’t you doubt it one bit!” 

It was clever of Nino, and audacious, and tough

To choose this event to declare, “That’s enough!”

And in such a sly way that he certainly knew

Would go over the heads of all but a few.

Still I’m sorry to say, but I’d say to his face,

“Mister Justice, that symbol was just out of place.

The swearing in isn’t the place for defiance; 

You were bound to show loyalty, just not compliance.”

So as much as I honor More’s ethics and fight,

For Scalia to wear his hat then…

Wasn’t right!

thomas-more

The ACLU Gives Us a Lesson in Principles

/ Jack Marshall / 18 Comments

Paul Scofield as Sir Thomas More

“What would you do? Cut a great road through the law to get after the Devil?…And when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”—- Sir Thomas More [Played by Paul Scofield, scripted by Robert Bolt (in a speech adapted from More’s writings) in the film of “A Man for All Seasons” (1966)]

My opinion of Rev. Terry Jones is a matter of record; to summarize, I think he is well beneath Charlie Sheen, Donald Trump, Tom DeLay, Goldman Sachs, Nancy Pelosi, Eliot Spitzer, AIG, Charlie Rangel , Mark Sanford, Barry Bonds, “Ronbo” and most of the other members in bad standing on the Ethics Alarms Bottom 100. Determined as he is to sully the First Amendment with his disgraceful and hate-soaked use of it, however, he is an American, and he has rights. A Dearborn, Michigan jury, prompted by the city, has taken away those rights by preventing him and another fool from protesting outside a local mosque. Continue reading →