Month: August 2020

President Trump Has Never Tweeted Anything Nearly As Unethical As This…

/ Jack Marshall / 76 Comments

Translation: “Elect me, or we’ll burn down your cities.”

No, Joe, we know your party and its followers have devolved into violent totalitarian thugs, who, as they have proved since 2016, are incapable of accepting the results of elections, or the responsibilities of democracy. we know if they lose, they will be violent.

I know you’re suffering from cognitive decline, and I’m genuinely sorry about that. It’s not your fault, but it is your fault that you are still running for President when you are physically incapable of doing the job. Maybe that’s why you tweeted such a cretinous, offensive message that demonstrates such ignorance of the American character. Nikita Khrushchev could have sent a message to Americans when cowards here were chanting, “Better Red Than Dead,”  “Does anyone believe that that there will be less death and destruction if America keeps opposing us?”

But he was smarter than that.

How tragic that you’re not.

Big Lie #4 Has Never Looked So Desperate…

/ Jack Marshall / 6 Comments

“Repeat after me: Our riots are all Trump’s fault! It’s all Trump’s fault! He’s a raaaacist! A raaacist!”

As noted here more than once last week, Democrat/”resistance”/mainstream news media (The AUC) attacks on President Trump are becoming more shrill and desperate, and I expect them to keep getting more so as November approaches. They really appear to be going with the “The riots that have taken place overwhelmingly in Democrat-run cities having been organized by Black Lives Matter (a Democratic party endorsed group) and inflamed by the antifa (an anti-Trump domestic terrorist group) after being provoked by police-involved incidents in those Democratic Party-run cities are President Trump’s fault!” They really are. Well, good luck with that! It’s an all-in bet that the American public is made up of morons.

I’ll take that bet, and so will Abe Lincoln.

The panic and hysteria—it turns out that those polls showing Joe Biden winning by a lap despite his many problems weren’t so solid after all! ARGHHHHHH!—has caused, naturally, a stamped to the Big Lie store, the inventory of which is listed here.

Portland’s Mayor Ted Wheeler grabbed himself an armful of  Big Lie #4: “Trump Is A Racist/White Supremacist,”  the first and one of the most popular,  unconscionable and predictable of the Big Lies (and it is a lie, as explained in detail at the link above). Then he revealed just how ridiculous he is yesterday, saying in part as he attempted to blame his own city’s riots on the President,

“President Trump, for four years, we’ve had to live with you and your racist attacks on black people, we learned early about your sexist attitudes towards women,We’ve had to endure clips of you mocking a disabled man. We’ve had to listen to your anti-democratic attacks on journalists. We’ve read your tweets slamming private citizens to the point of receiving death threats. And we’ve listened to your attacks on immigrants. We’ve listened to you label Mexicans — rapists. We’ve heard you say that John McCain wasn’t a hero because he was a prisoner of war. And now you’re attacking Democratic mayors and the very institutions of democracy that have served this nation well since its founding. Do you seriously wonder, Mr. President, why this is the first time in decades that America has seen this level of violence? It’s you who have created the hate and the division. President Trump, you bring no peace. You bring no respect to our democracy. You, Mr. President, need to do your job as the leader of this nation. I, Mr. President, will do my job as the mayor of this city. We will both be held accountable as we should. I’m calling out every other elected official in Oregon to join me. Not only in defeating racism but helping me to stop the violence as we are and will continue to be held accountable by all of our residents.”

I hate being blunt and vulgar, but what an asshole! Continue reading →

Monday Musical Ethics , 8/31/2020: A Number From Today’s Seminar!

/ Jack Marshall / 5 Comments

Good afternoon!

We ran out of time and had to dash through our last number on today’s version of Ethics Rock (By the way, Mike Messer really looks like the logo, which was designed before we found him), so I’ll let the legal ethics whizzes here (and everyone else: non-layers often do better on these quizzes than lawyers do—take a shot at the questions…Are you ready? “NJSBA” means “New Jersey State Bar Association,” you stress the “J” to make it scan.

“The Day My Ethics Died”

[A ProEthics legal ethics parody to the melody of “American Pie” by Don McLean]

A long, long, time ago,
I can still remember
Legal practice used to make me smile
And I knew if I could get my shot
I’d win my cases, like as not,
And then I could drink Chivas for a while.

But ethics rulings made me nauseous
I’m no good when over-cautious.
Clients give a cruel look
When they see you check the rule book.

I can’t remember if I cried
When I finally knew my brain was fried…
I took the rules and looked inside,
The day my ethics died.

So, hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Oh, I’m the king of slip and falls
My suits make safer lawns and halls
(At least my wallet tells me so.)

My client, Mick, is lame and sore
Since he hit his head on a banker’s floor
And his injury has left him kinda slow.

Now his father has me change his will
To take out Mick and give him nil;
I know its Dad’s estate—
But doing this to Mick I hate!

Then there’s the day when Mick pulls out his gun
And points to strangers in the sun
He says, “I’d like to shoot them, one by one!”

The day my ethics died.

And I am singing,

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Crying, lying, everything I’m trying
But Mick is nuts, there’s no denying
I do what he says and we’re dead.

This guy hears commands from Outer Space
And that strange expression on his face
Tells me something has pulled loose inside his head.

He’s pushing theories that won’t fly
And making arguments that I
Would never use in court…
Perhaps I should abort!

Or instead, before his fate is sealed
A guardian can make him yield;
I should have found a better field
Before my ethics died.

So now I’m singing,

Hey, hey, Mister VSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Then, surprise! Just as I’m feeling sick
A settlement is offered Mick…
A deal like this won’t come again…
So come on Mick, be prudent, don’t be slow!

Drop the claim and take the dough
I’m sayin’, as your lawyer and your friend!

But Mick says no, it’s not enough
I argue, beg, and then get tough:
“You take it, or I’m through!
I’ll quit unless you do!”

Then as a last resort, I shout out, “Hey!”
“The Space Lords dictate what I say!”
And Mick says, “Really?! Then okay!”
The day my ethics died.

So I was singing

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

When the check arrived for Mick to take
He admitted that his pain was fake,
And I just groaned and turned away.

I tried to learn from CLE
But I fell asleep so rapidly
Though the man there gave me credit anyway.

And in the court the judges screamed
The juries drooled and the clients schemed
But nothing really mattered
My ethics all were shattered.

And the three things that inspired me
Justice,
Love, and a
Giant fee
Just seemed to be a mockery
The day my ethics died.

We started singing…

Hey, hey, NJSBA

Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

[SING ALONG!]

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”

Questions… Continue reading →

Open Forum!

/ Jack Marshall / 33 Comments

From now until around 12:30 pm (E.S.T), I’m going to be occupied with  holding a Zoom seminar for the New Jersey State Bar, ably assisted by the stellar Mike Messer, who will be presenting the legal ethics problems and dilemmas by singing my parody lyrics of such pop and rock classics as “American Pie,” “Fire and Rain,” and “The Boxer,” while accompanying himself on guitar and piano (though not simultaneously.)

It seems like a good time for an Open Forum, where Ethics Alarms commenters can pose their own issues, debate, and otherwise enlighten cyberspace, keeping everything civil and on topic, of course. There also were some provocative posts here over the weekend (if I do say so myself, though not all of them were mine), but the traffic was inexplicably spotty.

Have at it, and I’ll be back in the afternoon.

Ethics Dunce: House Minority Whip Steve Scalise (R-La.)

/ Jack Marshall / 19 Comments

This is really bad.

Yesterday, Twitter flagged an outrageously  manipulated video clip posted by House Minority Whip Steve Scalise  (R-La.) that deliberately alters the text of a question from activist Ady Barkan to Democratic presidential nominee Joe Biden.

“No police. Mob rule. Total chaos. That’s the result of the Democrat agenda,” Scalise tweeted. “Ask yourself: Is this what you want in your town next?”

Good question! However, Scalise added what was supposed to be a link to the  Biden interview with Barkan, who uses a computerized artificial voice because he suffers from Lous Gehrig’s Disease (ALS). The interviewer asks Biden if “we agree that we can redirect some of the funding” for police departments toward public safety and mental health services. Biden responds, “Yes.”

Scalise tweeted a version of the clip that inserts the words “for police” into Barkan’s question by duplicating his computer-generated voice.

That’s about as low as you can go. Continue reading →

Comment Of The Day: “I’ll Try To Stop This From Being A Rant, But I’m Not Promising Anything…” AND “Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…,” Item #2, Mayor Wheeler’s Letter

/ Jack Marshall / 18 Comments

Steve-O-In NJ has struck again with another of his long form comments, easily snagging another Comment of the Day. It is also a first here: the comment covers two Ethics Alarms posts. To be technical about it, the second was posted after Steve’s comment went up, but it includes a long section that directly applies to the late post…which I wrote before I read what follows. This Comment of the Day is, as a classic TV commercial for Certs used to chant for almost 40 years, “Two! Two! Two comments in one!”

Confused? Don’t be, just read and enjoy Steve-O-In NJ‘s Comment of the Day on the posts,  “I’ll Try To Stop This From Being A Rant, But I’m Not Promising Anything…” and “Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…,” Item #2, Mayor Wheeler’s Letter.

This is the year we were stripped of a lot of the things that we liked and that were important to us, and expected to like it. The message rings loud and clear that if you aren’t woke, there is no place for you in this brave new world. The thing is, like Obamacare, it was predicated upon and sold to us with lies, half-truths, and omissions, which a lot of our fellow Americans have bought, hook line and sinker. Obamacare was as much about power as it was about putting healthcare on the national stage and giving people greater access. The Democrats and the left knew it, and that’s why they used procedural chicanery, promises to the now-dead Senator Spector that they had no intention of keeping from the get-go, and lies and half-truths to the general public to get it passed – without even saying what was in it. It was a power grab, plain and simple.

The left tried for a cultural power grab three years ago, with the assault on Confederate monuments, which they tried to parlay into attacks on other areas of history. Unfortunately for them, it kind of petered out before it could really go anywhere, NYC made it clear it wasn’t going to stand for attacks on public art, and the next thing you knew, we were in the holiday season and no one was thinking about fighting over statues and what they stood for anymore. The first of the year passed, and the mayor of NYC said he was moving one statue and that was it. There was still a dislike of police, but they still met with grudging respect…mostly. The days of assassinating police or declaring them enemies were over. I think I should really say that they were over for that period of time. The plans for a cultural and political power grab never really went away. They just went on standby, waiting for the right time for them to be revived. Even though there were other police shootings and errors, it just never seemed to be the right time. Besides, the economy was doing well, and most people were too busy making money to bother. Then came the pandemic, which put a huge amount of people out of work, so they’d be available for protesting/rioting. All they needed was the spark to set this off. George Floyd was it. This was it, the spark to light the flame of white hatred and make a revolutionary break with the past. It stopped being about Floyd in two days. Meantime, though, the liberal DA and other authorities, who might have had a chance to tamp this down by saying hey, we don’t have all the facts, said nothing instead. Inwardly these mayors and governors were dancing with glee at the chance to proclaim a new cultural revolution and destroy conservative America forever. The same mayors and governors who ticketed Hasidic Jews for burying their dead and moms for walking in parks told the police to use a light touch or stand down completely from protests that quickly became riots. They wanted to be helpless, anything to make the president look either incompetent (if he did nothing) or heavy-handed (if he did). Meantime this movement either forced local leadership into embarrassing humiliation like foot-washing, pulled them into their own orbit, or overwhelmed them. Continue reading →

Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…

/ Jack Marshall / 24 Comments

1. Oh-oh…Ethics Alarms has been and will continue to use “Wuhan virus” rather than various versions of Covid or corona virus as a matter of principle. China inflicted this contagion on the world and greatly abetted its spread by its cover-ups and lies, and pandemics and flus usually are identified by their site of origin. Furthermore, the political correctness edict against using the province where the first outbreak (we know of occurred) was yet another anti-Trump ploy, simultaneously covering for a brutal foreign adversary.

Syracuse University placed chemistry Professor Jon Zubieta on administrative leave and will be investigated by its Office of Equal Opportunity, Inclusion and Resolution because he used the terms “Wuhan Flu” and “Chinese Communist Party Virus” in his syllabus. In a joint statement from Dean of the College of Arts and Sciences Karin Ruhlandt and Interim Vice Chancellor and Provost John Liu, explained,

“Syracuse University unequivocally condemns racism and xenophobia and rejects bigotry, hate and intolerance of any kind. The derogatory language used by a professor on his course syllabus is damaging to the learning environment for our students and offensive to Chinese, international and Asian-Americans everywhere who have experienced hate speech, rhetoric and actions since the pandemic began.”

There is no racism here, and the theory, much in vogue, that  irrational people reacting to factual statements by persecuting others justifies suppresng the truth is unethical and perverse.

2.  Res Ipsa Loquitur. This is the letter Portland mayor Ted Wheeler sent to the President of the United States.

Wow. Continue reading →

Continued Still…From The Ethics Alarms Mailbag: “What’s Your Reaction To Various Ethics Controversies, Including The Use Of The White House, During The Republican National Convention?” Part 3: The White House

/ Jack Marshall / 8 Comments

The question that spawned this long post [ Part 1 is here, Part 2 is here] was, “What’s your opinion of Trump using the White House as a political prop?”

D. The White House

Senate Minority Leader Chuck Schumer said that Trump will further “destroy” American precedents if given a second term in office. “This is what we can expect in a second Trump administration,” Schumer said. “All the rules, norms, values that have made this country great, Donald Trump will destroy them. He doesn’t care. He only cares about himself. The rules are you shouldn’t sit in the White House and give a speech at a convention. Donald Trump says, ‘I want to do it.’ So they do it.”

There’s no such rule. The President isn’t covered by the Hatch Act, and given all the political uses of The White House by previous Presidents, I’d love to hear the argument that a speech being delivered to a virtual convention during a pandemic using the White House as a backdrop is unconscionable, or even unethical.

Professor Julian Zelizer, whose field is history and public affairs at Princeton University, said that  using the White House as a “prop” at a party convention is “unprecedented” in recent times. “There still is a boundary between politics and governing, and the Oval Office and White House are a public site meant for the country that isn’t meant to be a political backdrop,” Zelizer told ABC News. “To just use it as the major site for a convention speech seems like a lot with President Trump — you just take all the guardrails down.”

Cite, please. That something is “unprecedented” doesn’t make it unethical. The White House has been used as a political prop many times, just not at a convention. Nothing has been quite as grubby as Bill Clinton selling nights in the Lincoln bedroom for big money donations, but way back in the Kennedy Administration, the nation gushed over lovely Jackie Kennedy  hosting a televised tour of her “home,” bolstering the developing legend of how graceful and refined the young First Couple were. (Jack was probably banging a starlet while Jackie was being filmed.) Go ahead, tell me that “special” wasn’t “unprecedented” or political. Continue reading →

Continued…From The Ethics Alarms Mailbag: “What’s Your Reaction To Various Ethics Controversies, Including The Use Of The White House, During The Republican National Convention?” Part 2: The First Family And “Government Functions”

/ Jack Marshall / 7 Comments

The question of whether the just-completed GOP convention breached ethics rules or principles as many are claiming is multi-faceted. In the first section of this three-part  post, I considered the ugly facet of the event’s many Hatch Act violations. The rest is more equivocal.

B. The First Family

No doubt about it, President Trump’s family set a record for speaking time at a national party convention. For Trump-haters—and this really is what we’re talking about in this section and nothing else—the display was nauseating. One of the inquirers  pronounced this “Royal Family” behavior, and even suggested a dark conspiracy to pave the way for more Trumps at 1600 Pennsylvania Avenue. Talking Point Alert! The “All Trump Hate All The Time” New York Magazine called the parade of Trump children the kind of “dynastic overkill that only this President would dare flaunt.” Well, only one previous President had the opportunity to approach this one by using so many adult children as flacks, and he chose to pass: George H.W. Bush. Then again, he lost.

I wouldn’t cross the street to hear any of the President’s family speak, but the claim that there is something unethical about putting them on the program is just about as perfect an example of Trump Derangement as you could find. Trump is an old guy, and leads the Presidential historical field in adult, politically active children. His kids, and his son in-law, are attractive, poised, and experienced. Chelsea Clinton spoke in support of her mother at the 2016 Democratic National Convention: if there was any criticism of her appearance as unethical, I missed it—and she was not the first offspring of a President or Presidential candidate to have a speaking slot. So what’s the alleged ethical breach here? It appears to be the “it’s unethical to have more than an unspecified number of Presidential children speak at a convention when you’re Donald Trump” rule. Continue reading →

Saturday Ethics Wind-Up, 8/29/2020: Bias Makes You Stupid, Stupid Makes You Incompetent, Incompetence Makes You NBA Commissioner, And My New Dog Makes Me Happy…

/ Jack Marshall / 26 Comments

“Good eeevening!”

Many TV series from the black and white era seem hopelessly dated today, almost unwatchable. The Westerns hold up well: “Gunsmoke” is still excellent. “The Rifleman” is smart, ethical, and terrific. Of the dramas, “Perry Mason” and “Peter Gunn” among others still work. “The Dick Van Dyke Show” and “The Andy Griffith Show” at their best, which was often, are brilliant. “The Twilight Zone” is probably the most acclaimed show from that period, and I love many of the episodes, but the duds, and there were quite a few, seem even duddier today. To be honest, “Alfred Hitchcock Presents,” which ran from 1955 to 1965, may hold up the best of all.

I thought about the show this week, after the story came out about the woman who was delivered to the funeral home and about to be embalmed when they found out she was alive. Now THAT’s incompetence! But it also echoed a famous  “Alfred Hitchcock Presents” episode, in which Joseph Cotton played a man  involved in a bad traffic accident that leaves him so paralyzed–eyes open, mouth in a rictus of horror, as Stephen King likes to say—that when help arrives they think he’s really dead.  Cotton narrates his plight in real time, as we hear the desperate man’s thoughts. He tries to signal using his little finger, the only part that works, and the medics move him so he’s on top of his hand. They are zipping up the body bag when…well, you should see the episode.

Another classic is when a young Steve McQueen plays a compulsive gambler whose car breaks down in front of crazy Peter Lorre’s home. Lorre bets Steve he can’t light his lighter ten times in a row. If he can, Steve gets Lorre’s car. If the lighter fails before flame ten, Steve loses a finger. Lorre stands over McQueen’s tied down left hand holding a hatchet. You could not possibly guess the ending. 

1. “Well,” as Elaine would say to George on “Seinfeld,” “That’s because you’re an idiot.” In an interview with Mediaite, Don Lemon said that CNN is not biased. The CNN anchor said in part,

I don’t really understand how people will say CNN is biased and focuses on the negative of Trump.How is being factual, bias? How is taking evidence and someone’s own words and their own actions, and their own policies, and just presenting it back to the public on television or whatever medium, whatever journalistic medium you happen to be in, how is that bias? …

As head-exploding as that statement is, it is only remarkable in that it is such a guileless indication that someone prominent in a profession where objectivity is essential literally doesn’t know what bias is, and is incapable of recognizing it.

Bias makes you stupid, but it is also true that being stupid—and Lemon is a very stupid man—makes it easier to be biased. Continue reading →