“bias makes you stupid”

The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

/ Jack Marshall / 64 Comments

kellyanneThis post is one I do not want to write, and the fact that I have to write it is profoundly depressing. It requires me to criticize, indeed blow the whistle on,  professional colleagues in the fields of law and ethics, some of whom I know and admired very much, as well as fellow members of the District of Columbia Bar. Some of these colleagues are also members, like I am, in a distinguished association dedicated to the field of legal ethics. A superb book on the topic by one of the professors involved  sits in a prominent place in my office bookshelf.  I can see it right now.

Yesterday evening, I learned that a group of fifteen law professors and lawyers have filed a professional misconduct complaint against White House Counselor Kellyanne Conway, claiming that she violated the Rules of Professional Conduct for attorneys by giving false statements to the media. The fifteen signed the complaint, which was filed with the D.C. Bar’s Office of Disciplinary Counsel. When I read the names, signed on a statement printed upon the official stationery of Abbe Smith, a distinguished full time professor at my alma mater, (and where I worked in the administration for four years), Georgetown University Law Center, my heart sank. While I did not need to read the whole complaint to know it was contrived and intellectually dishonest nonsense, I did, and it fulfilled my worst fears. The anti-President Trump hysteria that has caused so many previously fair and rational citizens on the Left to behave atrociously and to betray their previously held values has officially infected lawyers in the legal ethics field. They are now riding the rails on the 2016 Post Election Ethics Train Wreck.

To be absolutely clear and unambiguous: the complaint is a political attack, and a cheap shot at the President of the United States through his staff. There is no merit to any of its contentions.

The professors claim that they were “compelled” to file the complaint because D.C. Rule of Professional Conduct 8.3 (a) requires that

“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

They are either addled by partisan political animus or lying, because there is no way, no way, these fifteen professors could know that, or even validly conclude it, based on what they have written in the complaint. To call their accusations against Conway a stretch is to be too kind. They are forced, exaggerated, trivial and manufactured. From what I have read in past commentary and opinions of several of them regarding other matters of lawyer misconduct, I have serious doubts about whether they believe them. I know that’s a serious charge, but I see no other explanation, other than temporary insanity.

To begin with, Kellyanne Conway is not working in a legal position in Trump’s White House. She is Counselor to the President, not White House Counsel. The President and Conway may choose, for his protection, to treat her non-legal policy advisor position as a legal representation, but the fact remains that she is not providing legal advice and services, only policy-related ones. Now, lawyers can violate D.C. Rule of Professional Conduct 8.4, Misconduct, while not engaged in the practice of law, but unless the conduct involved is criminal or displays “moral turpitude” sufficient to call into question the lawyer’s fitness to practice the likelihood of the conduct being regarded as sanctionable by the Bar is vanishingly slim.

From everything I can determines, Conway, though she is a member of the New Jersey Bar and an inactive (she needs to pay back dues and take my mandatory D.C. Bar ethics course before she can practice) member of the District Bar, has not practiced law in more than 20 years. She has been a pollster, an activist, a flack and TV personality as well as candidate  Trump’s campaign manager, but none of her professional profiles refer to her as a lawyer. The complaint alleges that Conway “engage(d) in conduct involving dishonesty, fraud, deceit, or misrepresentation” in breach of D.C. Rule of Professional Conduct 8.4 (c), and did so while not engaged in the practice of law.  In order to bring down the wrath of the Bar, such conduct must be extremely serious, criminal or bordering on it. Rule 8.3 “limits the reporting obligation to those offenses that a self–regulating profession must vigorously endeavor to prevent.” What kind of non-law-related “offenses” must “a self–regulating profession…vigorously endeavor to prevent”?  It is well established that questionable statements that an individual with a law license utters in the course of political activity and advocacy is not such conduct. Continue reading →

In Which Your Host Decides To Defenestrate A Trending Facebook Screed…

/ Jack Marshall / 44 Comments

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Yesterday, I spied on Facebook an obnoxious bit of anti-conservative hostility that I hoped was an aberration. It wasn’t. I resolved to post an emphatic rebuke the next time one of my friends posted it, and the opportunity arrived quickly. Here is the original screed:

A DAY IN THE LIFE OF JOE CONSERVATIVE

Joe gets up at 6AM and fills his coffeepot with water to prepare his morning coffee. The water is clean and good because some tree-hugging liberal fought for minimum water-quality standards.With his first swallow of coffee, he takes his daily medication. His medications are safe to take because some stupid commie liberal fought to insure their safety and that they work as advertised. All but $10 of his medications are paid for by his employer’s medical plan because some liberal union workers fought their employers for paid medical insurance – now Joe gets it too.

He prepares his morning breakfast of bacon and eggs. Joe’s bacon is safe to eat because some girly-man liberal fought for laws to regulate the meat packing industry. In the morning shower, Joe reaches for his shampoo. His bottle is properly labeled with each ingredient and its amount in the total contents because some crybaby liberal fought for his right to know what he was putting on his body and how much it contained.

Joe dresses, walks outside, and takes a deep breath. The air he breathes is clean because some environmentalist wacko liberal fought for laws to stop industries from polluting our air.
He walks to the subway station for his government-subsidized ride to work. It saves him considerable money in parking and transportation fees because some fancy-pants liberal fought for affordable public transportation, which gives everyone the opportunity to be a contributor. Joe begins his work day. He has a good job with excellent pay, medical benefits, retirement, paid holidays, and vacation because some lazy liberal union members fought and died for these working standards. Joe’s employer pays these standards because Joe’s employer doesn’t want his employees to call the union. If Joe is hurt on the job or becomes unemployed, he’ll get a worker compensation or unemployment check because some stupid liberal didn’t think he should lose his home because of his temporary misfortune.

It’s noontime and Joe needs to make a bank deposit so he can pay some bills. Joe’s deposit is federally insured by the FDIC because some godless liberal wanted to protect Joe’s money from unscrupulous bankers who ruined the banking system before the Great Depression and AGAIN under Republican Rule in The 2000’s Joe has to pay his Fannie Mae-underwritten mortgage and his below-market federal student loan because some elitist liberal decided that Joe and the government would be better off if he was educated and earned more money over his lifetime.

Joe is home from work. He plans to visit his father this evening at his farm home in the country. He gets in his car for the drive. His car is among the safest in the world because some America-hating liberal fought for car safety standards. He arrives to his boyhood home. His was the third generation to live in the house financed by Farmers’ Home Administration because bankers didn’t want to make rural loans. The house didn’t have electricity until some big-government liberal stuck his nose where it didn’t belong and demanded rural electrification.

He is happy to see his father, who is now retired. His father lives on Social Security (an Earned Income Credit btw NOT an entitlement!) and a union pension because some wine-drinking, cheese-eating liberal made sure he could take care of himself so Joe wouldn’t have to.

Joe gets back in his car for the ride home, and turns on a radio talk show. The radio host keeps saying that liberals are bad and conservatives are good. He doesn’t mention that the beloved Republicans have fought against every protection and benefit Joe enjoys throughout his day.

Joe agrees: “We don’t need those big-government liberals ruining our lives! After all, I’m a self-made man who believes everyone should take care of themselves, just like I have!”

COPY and PASTE if you wish to share.

This was, of course, followed by the usual chorus of seals barking and clapping, which many likes and loves.

Now, I could have, had I chosen to waste an incredible amount of time de-bunking a load of lazy, unresearched garbage  that anyone not already so biased and smugly satisfied with  their inadequate education in history and logic would immediately recognize as such, written a definitive and thorough flaming of this monstrosity. But I have promises to keep and miles to go before I sleep, and the rantings of some pimply OccupyDemocrats hack just isn’t worth it. Thus I spent about ten minutes on refreshing myself regarding some details of what I already knew, and another eight or so composing this, which I have now used to reply to three Facebook Friends. I have also posted it on my own page.

I now post it here for Ethics Alarms readers who may encounter “Joe.” As I said, I could do much, much better, and be much, much more emphatic, but this particular gnat requires only a slap or two…

…not a bazooka. But feel free to adapt  and enhance what follows yourself yourself, and post it as needed: Continue reading →

From The Ethics Alarms “Blathering Makes You Incoherent So That Those Who Bias Has Made Stupid Think You Are Stupid, Making Them Look Stupid” Files: The Sweden Affair

/ Jack Marshall / 34 Comments

Here is something apparently nobody noticed from the past two years: Donald Trump doesn’t speak in linear fashion, use words with precision, or think about what he’s saying until it has already left his mouth. Did you not know that? I’ve been complaining about it here for, oh, about five years. (That YouTube video above is Exhibit A) Yet every time he says something garbled and seemingly confused,  journalists and bloggers instantly take what he said literally, and go on a spree. Now, when most politicians say something that makes no sense, as when President Obama’s tongue slipped and he said there were 57 states or Joe Biden, who makes head-scratching comments almost every day, announced at the Radio and Television Correspondents’ Dinner on March 17, 2010, “Barack Obama is the first African-American in the history of the United States of America!” ( Joe forgot that key word, “President”)  it prompts a brief mention, if at all. With politicians whom the news media has decided to take down, however, like Dan Quayle, Sarah Palin, and now the President, there is no such break. Of course these conservative fools meant what they said to express the most senseless thought imaginable.

Now Trump is President, so he is obliged to choose his words especially carefully, and be clear in his meaning. Well, he can’t. He’s communicated in this slovenly, stream-of-consciousness word cloud all his life, and its made him rich, famous, and President. He’s not going to stop. Now, by all means criticize him for this, but not for alleged statements that are bad guesses at what he might be trying to say.

This brings us to The Sweden Affair. Continue reading →

The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part III: The Tweet

/ Jack Marshall / 28 Comments

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Part I in this series began with a random choice of a New York Times anti-President hit piece of the day. This is the one of truths that the mainstream media wants to pretend  doesn’t exist: the intentionally, relentlessly negative, innuendo-filled reporting regarding the Trump administration, with the goal of alarming the public, undermining its trust in the government, weakening his Presidency, or bringing it down entirely. Just to be up to date, let’s look at today’s front page…and what do we find? “A Back-Channel Plan for Ukraine and Russia, Courtesy of Trump Associates.”  The article includes a prominent graphic titled “Donald Trump’s Connections in the Ukraine.” But the article itself, and any research into the individuals shown in the graphic, show no association between Donald Trump and the Ukraine whatsoever. We see…

Andrii V. Artemenko: Ukrainian politician with a peace plan for Ukraine and a file alleging that its president is corrupt.

Felix H. Sater: Russian-American businessman with longstanding ties to the Trump Organization.

Michael D. Cohen: Trump’s personal attorney, under scrutiny from F.B.I. over links with Russia.

Paul Manafort: Former Trump campaign manager with pro-Russian political ties in Ukraine now under investigation by the F.B.I.

There is no evidence or even allegation that Artemenko has even spoken to Trump. Sater was involved in helping businessman Trump seek deals in Russia, and that is all the article tells us about him. Cohen is Trump’s lawyer, and a lawyer’s clients are not “linked” to other clients, unless you think Patty Hearst was “linked” to O.J. Simpson through their mutual lawyer, F. Lee Bailey.

Then there is Manafort, who is not  in the Trump Administration, and was fired from the campaign before the election. Back when he was the campaign manager, Politifact did a “check” on him, and found that he had done political consulting work for Ukrainian politicians. Among the international clients Clinton consultant James Carville lists on his website are politicians in Argentina (lots), Columbia, Bolivia,  and yes, the Ukraine, that’s just “some” of the them, meaning that some of the others either don’t want to be known or wouldn’t make Carville look good if they were known. Was Hillary Clinton “associated” with everyone on Carville’s client list? (Also a Carville client: the late Senator Ted Kennedy, serial pussy-grabber and un-prosecuted negligent homicide suspect). Of course not, but that’s the degree of “association” with the Ukraine that the Times article pins on the President, once you get past the front page headline and graphic. The photo over the online version of the article even shows President Trump, who is barely mentioned in the substance of the piece at all, except in such references as “Mr. Trump’s lawyer.”

Might all of these “associations”—this use of guilt by association would be too attenuated even for Joe McCarthy–eventually add up to something sinister, and a scandal that involves the Trump administration? Sure, anything is possible. THAT would be news. THAT would belong on the front page. THIS story, however, is a dog’s breakfast of innuendo, speculation, “hmmmm..” and nothing. It is fake news…not fraudulent in its facts, fraudulent  in its presentation, placement in the paper and intentional suggestion that what is known justifies suspicion of the President. The defenders of the ongoing journalist attacks on the President continue to argue that fact-based smears and rumor-mongering stories published in major news sources are not “fake news,” and after a story like this, I have to wonder about their honesty too. There is only one way this kind of smoky article makes a front page above the fold.

Now on to the Tweet Heard ‘Round The World. As discussed in Part II, the President was performing  a public service when he told the newsmedia to its reporters’ smug  faces that they were biased, hateful, incompetent and dishonest. Somebody had to do it. Their supposed “watchdogs” like CNN’s Brian Stelter won’t do it, because he is too busy bashing the President himself while defending his pals.

It would be much better if someone in academia, or a prominent journalist pointed out how terrible a biased and untrustworthy news media is for the nation, but this is the Left’s attempted coup, after all. Try finding an objective authority in academia or journalism. So the leader of the nation, on national television, has to tell the self-congratulatory journalists that they are failing their duty to the nation, which is to inform the public. They see their duty as bringing down a President their Progressive Masters hate.  In other words, the President is saying, essentially..

The follow-up tweet elaborated by specifying just how much of a betrayal this is, saying,

The FAKE NEWS media (failing @nytimes, @NBCNews, @ABC, @CBS, @CNN) is not my enemy, it is the enemy of the American People!

Look at this as the second slap. Better yet, look at it as the journalism version of Ronald Reagan slapping the Soviet Union with the well-deserved label, “The Evil Empire.”  Many commentators, including former Soviet President Mikhail Gorbachev, traced the beginning of the unraveling of the Iron Curtain to Reagan’s brutal frankness. Continue reading →

The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part II: The Press Conference

/ Jack Marshall / 126 Comments

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Based on the hysterical—yes, that’s a fair word—reaction from pundits and reporters to the President’s news conference last week, I assumed there had to be something that the transcript didn’t pick up, like he was wearing a Gooney bird on his head, or naked, or bit someone. MSNBC’s Chris Matthews called the President “manic” and compared him to Soviet spy Alger Hiss.  Brian Williams described it as an “unhinged” press conference “brought to you by narcissism, thin-skinned chaos, and deeply personal grievances.” CBS This Morning’s  co-host Norah O’Donnell called the 77 minute affair “astonishing…an unprecedented display of accusations and exaggerations.” Fellow co-host Gayle King chimed in: “The President’s outburst of frustration left many observers bewildered.”

A response to the session that really was unhinged came from New York Times columnist David Brooks, who clarified for  me what the indignant political elite sound like when they have finally been backed into a corner, writing,

“Judging by his Thursday press conference, President Trump’s mental state is like a train that long ago left freewheeling and iconoclastic, has raced through indulgent, chaotic and unnerving, and is now careening past unhinged, unmoored and unglued.”

From this, Brooks concluded, disgracefully,

“This does not feel like a sustainable operation. On the other hand, I have trouble seeing exactly how this administration ends. Many of the institutions that would normally ease out or remove a failing president no longer exist.”

Damn elections! What does Brooks think he is talking about? Trump has accomplished many things he promised to do in less than a month; it is one of the most productive first 30 days any President has had in history. He has appointed an excellent Supreme Court Justice. The stock market is booming. When has any President been judged “failing” or been “eased out” after a month, or three, or six, or ever, absent criminal activity? Never. Brooks, like Democrats and the news media, are pronouncing the Trump Presidency dead because they don’t like him, his style, or what he wants to do. That does not justify writing as if he has done anything to justify removing him, except that this is the theme of the “resistance.”

Citing cherry-picked negative polls, like, say, the ones that said Trump had no chance of winning the election, Brooks then gives his blessing to undemocratic, insubordinate and seditious conduct to undermine an elected President:

“The Civil Service has a thousand ways to ignore or sit on any presidential order. The court system has given itself carte blanche to overturn any Trump initiative, even on the flimsiest legal grounds. The intelligence community has only just begun to undermine this president.”

A responsible newspaper doesn’t publish this.

Then I watched the whole conference.  I thought back to the first debate, which I thought Trump blew horribly. Charles Krauthammer sneered after the debate and said it was the end of Trump’s candidacy, and that everyone could see now that he was shallow, clownish, and unfit to lead. I agreed heartily.

Clearly, Charles and I missed something. Continue reading →

Two Unethical And Unconstitutional Laws On Guns, One From The Right, One From the Left, Bite The Dust. Good.

/ Jack Marshall / 11 Comments

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I.

As last year’s flat-out demagoguery about banning gun ownership for citizens placed on the FBI’s no-fly list proved, Democrats will never let the Constitution get in the way of an emotion-based attack on gun rights. A rule  implemented by former President Obama after the 2012 Sandy Hook shooting (“WE HAVE TO DO SOMETHING!!!”) would have required the Social Security Administration to report the records of some mentally ill beneficiaries to the FBI’s National Instant Criminal Background Check System. Those who have been deemed mentally incapable of managing their financial affairs — roughly 75,000 people — would have then been prevented from owning guns.

The American Civil Liberties Union and advocates for the disabled opposed the restriction, which was so broadly drawn that an Asperger’s sufferer could have his Second amendment rights taken away. And what, exactly, is the link between not being able to handle one’s financial affairs and violence? Hell, I can barely handle my financial affairs.

By a 57-43 margin, the Republican-led Senate voted last week  to repeal the measure, and it now heads to the White House for President Trump’s signature.

Iowa Sen. Chuck Grassley, a leading Republican critic of the rule, said that it was filled with “vague characteristics that do not fit into the federal mentally defective standard” that could legally prohibit someone from buying or owning a gun. “If a specific individual is likely to be violent due to the nature of their mental illness, then the government should have to prove it,” Grassley said

Sen. Chris Murphy, a Democrat from Connecticut where the Sandy Hook massacre occurred, and thus obligated to grandstand regardless of the fact that he’s on shaky 2nd Amendment, 5th  Amendment and also Equal Protection  ground, declaimed on the Senate floor,

“The [Congressional Review Act] we have before us today will make it harder for the federal government to do what we have told them to do for decades, which is to put dangerous people and people who are seriously mentally ill on the list of people who are prohibited from buying a gun….If you can’t manage your own financial affairs, how can we expect that you’re going to be a responsible steward of a dangerous, lethal firearm?”

Well, I guess nobody in Congress should own a gun either, right, Senator? Continue reading →