[Unlike the previous post, I remembered to attach the statement I’m writing about in this one. The Bowman update now has the missing information, thanks to Old Bill who reminded me this morning that I’m a moron ]
Following close on the metaphorical heels of Rep. Bowman’s ridiculous excuse for setting off a fire alarms to delay a vote in Congress yesterday (‘Oh THAT’S what a fire alarm looks like! Who knew?’) comes the equally ludicrous statement of Jessica Mann, the criminal defense attorney for Dayjia Blackwell who represents the 21-year-old Philadelphia “influencer” known as “Meatball.”
Blackwell was arrested and charged with burglary, conspiracy, criminal trespassing, rioting, criminal mischief, criminal use of communication facility, receipt of stolen property and disorderly conduct. This seems fair, as she not only livestreamed the destructive rioting and looting that took place for two days in Philadelphia last week, but encouraged her fans to participate, and took part in the crime spree herself, announcing what she had stolen in the video feed. Then, after her arrest, she begged her fans to donate money for her bond (she told her 196,000 followers, “All I want to do is go treat myself” and plugged her Cash App handle) then quickly had T-shirts, hoodies and other items made using her mugshot above— and thanks, Donald Trump, for creating this obnoxious new trend. Those are selling briskly. “Remorse” does not seem to be part of her defense—-nor innocence, since she’s on video doing everything she’s charged with.
Despite all this, lawyer Mann posted on Instagram…
As misleading and offensive as this argument is—essentially “Rioting and looting are okay because you white folks deserve it”—-it’s not unethical for being horse manure, which it is. Her client is guilty as guilty can be and trying to profit from her crimes, but black jurors have been exercising their right to engage in jury nullification lately. The attorney’s statement embodies about the only defense for “Meatball” that’s feasible, so Mann has to try it if she’s going to be her attorney. This is zealous representation, although in its ugliest form.
However, the Instagram post was still an ethics violation, and should be sanctioned by the bar. Pennsylvania’s Rule of Professional Conduct unambiguously states,
(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
Of course, “Meatball’s” attorney may not be punished for flagrantly breaking that rule for the same reason Rep. Bowman is unlikely to be punished for breaking the law. We shall see.
Ethics Alarms 
Wouldn’t this lawyer’s “righteous indignation” statement be equally appropriate if a group of parents went out and beat mercilessly a person listed on the state’s sex offender list, or white jurors simply decide that all minorities charged with crimes are guilty.
If this becomes normalized then we will see a greater breakdown societal order.
A greater breakdown, Chris? Too late for that. You’ve seen the videos of the looting in Philly. And how about the fifteen-year-old who “looks like one of Obama’s daughters” who threw a metal chair across a room at her teacher in a classroom brawl in Detroit?
This is why I am disappointed in our organized crime institutions. It is times like these that they are really needed. When a D. C. grocery store is losing 30% of its gross out the door and neither the police nor the owners are allowed to do anything about it, this is why traditional organized crime exists. When the government collapses, the mafia is supposed to step in. When a caravan of 100 or so cars can drive around a city all day long robbing store after store after store (reportedly it was dozens of stops) and no one can do anything about it, the government has collapsed. The mafia is really the remnant of the Roman legal system and it normally steps in at this point steps in. You pick a patron, become his client. You see to his interests and he protects you. Why hasn’t the mafia stepped in to take 10% in ‘protection money’ and make sure this lawlessness stops?
OK, this post was only mostly sarcastic.
“Nice little society you got there. Don’t you think you need some protection?” Ironic, non? The need for protection is real in this instance.
I suppose I was meaning something along the lines of widespread vigilantism by the majority.
Jury nullification is the corollary to vigilantism. Letting the your guy go free despite the facts is similar to punishing their guy without the facts.
I don’t think we should encourage this.
Bingo. Now please go to the first post about the riot and looting and repeat this comment to the wokester who denied this effect exists, and wrote that it was “just bloviating against liberal governments.”