What Would We Do Without “Experts”?

Over the last two days, the listserv of the Association of Professional Responsibility Lawyers (APRL) had been embroiled in a debate over ABA Model Rule of Professional Conduct 3.10 and its application to a hypothetical posed by a member. The association, which I belong to, includes law professors, ethics partners, CLE trainers, and ethics consultants, expert witnesses—pretty much all of the legal ethics experts in the United States.

There is no ABA Model Rule 3.10.

Eventually, after a lot of replies, someone figured out that the question really involved California’s Rule 3.10, which neither the ABA nor any other jurisdiction includes. The big clue was that the member who posted the hypothetical practices in California, though the state was not mentioned in the original post. Most of the responses to the post were also California lawyers, none of whom mentioned that this was an issue confined to their state.

Question: are these legal ethics experts unaware that the rule in their state is an outlier? Or is the Golden State such an impenetrable bubble that legal ethics experts there assume that its often bizarre sensitivities are the only ones that count?

[Perhaps relevant (or not): the lawyer who started the debate over the almost imaginary ethics rule includes mandatory pronouns in each post.]

Comment of the Day: “Comment of the Day: ‘Unethical (and Stupid) Quote of the Month: Zohran Mamdani’”

Gee, we haven’t had a Comment of the Day on a Comment of the Day for quite while around here. This one was especially satisfying. Reacting to Extradimensional Cephalopod‘s discouraged coda to his COTD on Mayor-to-be Mamdani’s scary-stupid victory rant, Old Bill registered commentary that should have been already featured on or in every legitimate news source. Unfortunately, there are no legitimate news sources, and the fact that OB’s point has been so far almost completely ignored by the Axis media has been making me doubt my own sanity. Am I missing something? How is a President supposed to actually lower grocery prices after inflation he had no responsibility for hit 9% under his predecessor, particularly after less than a year in office? How dare the Democrats choose “affordability” as a rallying cry against Trump when the affordability crash happened on their watch? Do they think the public is that stupid? IS the public that stupid?

Please don’t tell me that you really can fool all of the people all of the time.

It was high time for Old Bill ( we once had several Bills among the commentariate, now all among the missing; maybe they are hanging out with A Friend, Curmie and Charles Green somewhere….) to have another Comment of the Day. He is among the most attentive and prolific commenters Ethics Alarms has, and we should be grateful for him. I certainly am.

Here is Old Bill’s Comment of the Day on “Comment of the Day: “Comment of the Day: ‘Unethical (and Stupid) Quote of the Month: Zohran Mamdani.’” I know its mostly a quote, but it is the right quote, I hadn’t seen it, and maybe you haven’t either.

***

“I was hoping from what I’d heard about Mamdani earlier that he was standing up for legitimate concerns of the people regarding the government and the economy.”

This is the “affordability” talking point Dems have surfaced and harped on over the last few months and during the off-year elections. Remember when everything was “income inequality” and everyone pretended they’d read Thomas Piketty’s book.

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Unethical (and Stupid) Quote of the Month: Zohran Mamdani [First in a Long, Long Series…]

“We will prove that there is no problem too large for government to solve, and no concern too small for it to care about.”

—Zohran Mamdani‘s marathon victory speech on Election Night, after the Democratic Socialist (that is, Communist) was elected as New York City’s mayor.

A commenter asked my opinion regarding Mamdani’s speech and I demurred, because it was standard commie tripe that I’ve read and heard from everyone from Lenin to Castro, and now this guy. He speaks well, and I’m always in favor of that as a key leadership skill. So did David Koresh. However, as I kept seeing that quote being published by the disgracefully uncritical mainstream media, my inner Popeye scratched to get out (“It’s all I can stands, ’cause I can’t stands no more!”) Who does he think he’s kidding?

Perhaps more importantly, what is the proper reaction to any American who wasn’t raised in a cave who doesn’t hear that insane claim and conclude, “Oh, brother! So much for that guy. He’s either lying, ignorant or a moron”? At very least it’s “RUN AWAY!”

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One Non-Profit With Integrity, Another Without

First, on the ethical side…we have The Foundation for Individual Rights and Expression, which picked up the metaphorical baton on non-partisan defense of freedom of speech after the ACLU threw their mission away and became just another lackey for the Democratic Party.

A federal district court today dismissed with prejudice the lawsuit against Iowa pollster J. Ann Selzer stemming from her late and spectacularly wrong poll before the 2024 election showing Donald Trump losing reliably Republican Iowa to Kamala Harris. The lawsuit, brought by a subscriber to The Des Moines Register and structured as a class action asserted claims under Iowa’s Consumer Fraud Act was fraud and attempted election interference. It was a stupid lawsuit, so Selzer, represented pro bono by FIRE, which explained that commentary about a political election, including polls, are protected speech. The court agreed that “polls are a mere snapshot of a dynamic and changing electorate” and “the results of an opinion poll are not an actionable false representation merely because the anticipated results differ from what eventually occurred.” The court also held the plaintiff had “no factual allegations” to support his fraud claim, instead “invok[ing] mere buzzwords and speculation” to support his claims.

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Back Off, Progressives: Dwight David Eisenhower Was An Excellent President In His Time.

Which is, after all, the only time that matters.at the time.

I just wrote a long rebuttal to a recently Trump Deranged friend of impressive mind and credentials, who decided to go after, of all people, President Dwight Eisenhower for a speech in which he extolled moral values because, my friend’s Facebook post declared, “in real life the years of Eisenhower’s administration—essentially all of the 1950s—did not even come close to measuring up to the tenets of social, racial, ethnic and sexual justice and economic equity that most of us today believe are the standards of a just society.”

“That is an important reminder for all of us us that times do change,” he continued, “and that as right-thinking as Eisenhower’s words seem on the surface, they were spoken by the leader of a society that was very repressive in many ways—economically, socially, racially, sexually and otherwise.” This, to use the vernacular, pissed me off greatly. Ike has gone higher in my estimation of him as President the more I read about him and especially the more I watch other President struggle with the job he seemed to do effortlessly. (Of course, Ike may be the only one of our Presidents for whom the office could be considered a step down in difficulty and responsibility, after overseeing the Allied effort to save the world in World War II.)

Here, with minor edits to protect the guilty, is what I posted in response to that slap at Ike:

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But this is the purest form of Presentism, and a grossly unfair assessment of Ike, one of our most under-rated and effective Presidents. It is always easy to go back and condemn figures of the past who did not have the benefit of many decades of accumulated experience and wisdom; easy and wrong. It is by this standard that we saw efforts in demented regions like San Francisco (and our own) to strip historical honors from, among others, the Founders, because they were not sufficiently psychic to reject their society’s and culture’s mistaken beliefs, such as the inherent inferiority of other races to theirs.

 I’ve studied Eisenhower’s own writings and those about him. His vision of the Presidency was that his job was to protect and preserve the culture, not change it; that the culture would evolve and change in its own time, when society was ready for it. As a result, Eisenhower led a United States that honored and trusted its institutions at a level that seems astonishing today. He had a great part in that.

Nobody accused him of being a “king,” but in Boston, even then a bulwark of the Democratic Party, kids listened to “Hail to the Chief” on the most popular children’s show (creepily titled “Big Brother”!) as a photo of Ike appeared (the one above, in fact) on the screen and we “toasted” the President of the United States with a glass of milk. The Horror.

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Unethical Quote of the Month: Un-Named California Lawyer

Gail Herriot is Professor of Law at the University of San Diego School of Law and a member of the United States Commission on Civil Rights since 2007. She is a conservative, so much of the civil rights racket (“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Eric Hoffer) objects to her existence.

Herriot recently posted the following jaw-dropping letter that she received from a member of the California Bar:

Dear Ms. Heriot,
 
This letter serves as a formal cease and desist demand regarding your ongoing, public, and targeted efforts to undermine and harass the Black community and its advocates for equity, in direct violation of state and federal civil rights laws and your ethical obligations as a member of the bar.
 
Your activities—including those publicly associated with the California Foundation for Equal Rights (CFER) (among others) and campaigns explicitly opposing Black-focused equity —constitute racial targeting and harassment under the Civil Rights Act of 1964, 42 U.S.C. § 1981, and applicable state hate crime and anti-discrimination statutes. Such conduct is not protected expression when it rises to the level of coordinated intimidation or bias-based obstruction of legally protected programs. It is particularly egregious that your public campaigns have focused solely on efforts benefiting the Black community, while remaining silent on or even supportive of state and federal allocations to other racial or ethnic groups. 
 
For example: In 2021 and 2022, the State of California directed substantial funding—over $165 million—to AAPI anti-hate initiatives, a commendable effort to address rising hate incidents against Asian Americans.
 
In 2024, the California Legislature authorized over $300 million in support for Holocaust survivors and members of the Jewish community, recognizing their suffering and need for continued support.
 
Despite these allocations, your campaigns have not targeted or criticized these initiatives—only those aimed at repairing centuries of harm done to Black Americans, who remain the most frequent victims of race-based hate crimes nationwide according to federal data. Your selective and racially targeted opposition to Black equity initiatives, combined with your public standing as an attorney, member of a federal civil rights commission and educator, magnifies the discriminatory impact and constitutes a pattern of bias-based harassment under both state and federal law.
 
Accordingly, you are hereby ordered to immediately cease and desist from any further direct or indirect harassment, public misinformation, or racially targeted advocacy directed toward the Black community or programs designed to support it. Continued actions of this nature may result in:
 
Formal referral to state bar disciplinary authorities for violations of the Rules of Professional Conduct concerning bias, harassment, and discrimination; and
 
Referral to appropriate civil rights enforcement agencies for investigation under state and federal hate crime and civil rights statutes.
 
Please provide written confirmation within ten (10) business days that you have received this notice and that you will comply fully with its terms.
 
Warmest Regards,

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The President’s “60 Minutes” Interview

President Trump sat down for a full interview with “60 Minutes” yesterday, and was grilled by CBS correspondent Norah O’Donnell (as I was once, though not on that show). The transcript and the video are here. Under the new regime of CBS News Czar (“Editor-in-Chief”) Bari Weiss, there were no deceptively edited sections as in the infamous and unethical (and, I believe, illegal) Kamala Harris interview a year ago when the network switched around her responses to try to deceive voters into believing that the Democrat isn’t, you know, a babbling idiot.

This post’s purpose isn’t to critique O’Donnell’s questions. She was appropriately respectful, aggressive and professional except that her facial expressions conveyed her hostility, which is unprofessional but now common practice among Axis broadcast journalists. The shot above was typical: she looked at the President of the United States as if he were a six-foot talking cockroach. Nor am I going to praise or criticize the substance of Trump’s responses, though I note that he showed an excellent knowledge of American Presidential history when he pronounced Joe Biden as our Worst President Ever.

It is simply to point out that the Trump Derangement narrative that this President is mentally failing and as cognitively disabled as Joe Biden (“Just in a different way” as one sufferer told me on Halloween) is either delusional or deliberately dishonest. The interview was slam-dunk proof of that, and yet this slander/libel is Axis cant now. I regard the claim as evidence of a genuine disruption of thinking ability. Bias makes you stupid, and in this case, bias is making these poor people ridiculous.

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‘Bias Makes You Stupid’ (And Untrustworthy) Case Study: Jonathan Chait

Oh dear. So disheartening.

Jonathan Chait is a policy analyst and pundit who has, in the course of only writing for progressive and Axis publications and offering opinions on similar platforms in the broadcast news realm, has shown himself capable of principled disagreement with his party (guess which) and progressive cant. On the other hand, he is Trump Deranged, as he demonstrated the last time I criticized him. Then he wrote regarding the first stupid “No Kings” protest in June, “The No Kings protests appear to be a massive success.” (My comment: “Success at what?“) But Chait is clearly intelligent and capable of perceptive analysis, which is why the tweet above is so disturbing aside from the fact that it forces me to again think about Karine Jean-Pierre.

She’s on a book tour hyping her memoir of looking like a fool almost every day as Joe Biden’s paid liar for two years, “Independent: A Look Inside a Broken White House, Outside the Party Lines.” Jean-Pierre describes what she considers the Democratic Party’s betrayal of Joe Biden: “I watched Democratic leadership abandon, and in the end betray, a man who’d led our country through a pandemic and a time of historic political turmoil,” she writes.

Jean-Pierre’s gimmick is that she claims to be so outraged that the party pushed Biden to step aside as the Presidential nominee after his Presidential debate meltdown against Donald Trump, and that it “couldn’t articulate the achievements of the Biden/Harris administration well enough” that she has decided to leave the Democratic Party and become a political independent.

Talk about chutzpah: this woman is estopped from complaining about anyone’s failure to articulate anything.

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Unethical Rant of the Year: MSNBC Left-Wing Propagandist Lawrence O’Donnell

Nah, there’s no mainstream media bias! Lawrence O’Donnell, right up there with the most shameless Axis media hacks in captivity even compared to the rest of MSNBC, usually goes his merry way slamming Republicans, conservatives and President Trump, avoiding inconvenient facts, objectivity and balance at all costs, appealing only to American who don’t want news or fair analysis, just confirmation of their own world view. When people decry the harsh division in American society today, O’Donnell is one of the prime villains, in part because he has been championing “advocacy journalism” ( as in unethical journalism) for so long.

Here’s his Ethics Alarms dossier. The last time I bothered to mention him at all (he’s always biased and unethical: The Julie Principle applies), was last year when I elevated him from mere Unethical Broadcast Journalist to Ethics Corrupter. Yes, I defended O’Donnell once…for being caught on video screaming at the MSNBC staff and shouting “fuck” among other epithets. I don’t think anyone’s most embarrassing private moments should be made “viral.”

However, this time attention should be paid, as Willy Loman’s widow says at the end of “Death of a Salesman.” O’Donnell snapped on the air yesterday and began denigrating Scott Jennings, the articulate, restrained token conservative and Donald Trump advocate on CNN’s on-air team. Jennings does a superb job vivisecting the usually emotional, knee-jerk, woke Trump-Deranged fury that he encounters on the various panels and in the numerous discussions he participates in, providing a much-needed counterpoint on CNN, which has evolved into MSNBC lite: reliably unethically biased, but with occasional outbreaks of non-partisan reality.

For some reason a sole voice of non-Axis perspective on a rival network is deeply offensive to O’Donnell. How dare Jennings defend President Trump? How dare he undermine the perpetual efforts of the news media to destroy him and defeat his policies? The Unethical Rant of 2025 was the result. Here is the whole amazing thing:

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Ethics Hero: Bill Gates, Who Finally Figured Out That Climate Change Doom Is Hype

Bill Gates, nerd and “on the spectrum” sufferer that he is, also has the advantage of being sufficiently rich that he is insulated from Leftist fury when he defies wokist cant. Today the climate change scam collective is presumably freaking out because Gates has issued a memo saying, in effect, “Oopsie! What a stupid I am! I let a bunch of agenda-driven scientists and lying (or ignorant) activists convince me to waste billions of dollars on their dishonest hustle! Oh well, live and learn…”

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