Character

The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!” (Continued)

/ Jack Marshall / 13 Comments

A-Pistol-Against-My-Head.

As discussed in the first section of this post, the once sacrosanct principle that lawyers and law firms were ethically obligated to represent unpopular clients when they needed legal assistance has been deteriorating for the last decade, most recently under pressure from the self-righteous Left. Victims of the new progressive ethic that the ends justify the means, Lawyers and law firms have been threatened when they dared to align themselves with the opposition to progressive agenda items, because, in the universe to the port side of the ideological spectrum, those who don’t agree with the righteous are evil.

And it seems clear that few lawyers possess the courage and integrity to remains professional in their response to such threats.

After the King & Spalding embarrassment described in the earlier post, a similar episode occurred involving Obamacare.  In House of Representatives v. Burwell, the House challenged the legality of subsidies the Obama administration paid to insurers. After the House authorized the suit, David Rivkin and his firm, Baker Hostetler, signed a contract to litigate the case.

Rivkin was warned by members of the firm that litigating a case in opposition to Obama could drive off potential clients and hurt Baker Hostetler’s credibility…that is, its bottom line. Within a week after the contract was announced, partners at the firm, which represents many hospital management firms and insurance companies, started to receive urgent calls from general counsels of clients in the health-care industry. The messages were identical: their companies could not continue to associate with Baker Hostetler if it litigated the House’s lawsuit. Many suspected that the Obama administration was behind the scenes, urging health-care companies to drop Baker Hostetler. The firm dropped the case.

The House, suddenly without legal representation, frantically sounded out many of the top firms in Washington without success. The House finally selected D.C. lawyer William Burck of Quinn Emanuel Urquhart & Sullivan LLP. Three weeks later, without any explanation, Burck also withdrew from the case under pressure from his firm’s partners.

Continue reading →

Monday PM Ethics Parcels, 11/16/2020: Hypocrisy, Hypocrisy, Harvard

/ Jack Marshall / 28 Comments

packages--1

1. Hypocrisy One. Another note on crazy-making discussions with the Trump Deranged; I admit to snapping when a once-intelligent Biden voter tossed off the Big Lie that Trump was a danger to individual rights, specifically free speech. “What?” I exploded. “Give me a single example where the President has taken any action that threatens free speech! Meanwhile, conservative speakers have been blocked from reaching audiences on campus, members of  Congress, all Democrats, have argued that “hate speech” isn’t protected under the Constitution, executives, board members, faculty members and others have been forced to resign because of communications that do not comport with progressive positions; citizens wearing MAGA hats have been attacked; Democratic leaders have endorsed Black Lives Matter, which enforces compelled speech (because silence is violence), social media platforms run by Democratic Party supporters are actively censoring conservatives, the a  New York Times editor was forced to apologize and ultimately resigned for allowing an opinion the staff didn’t like to be published as an op-ed, a Democratic Representative and others area calling for supporters of the President to face accountability, and President Trump is a threat to free speech?

Do you know what her sole justification for that position was? The President attacked the news media and declared them the “enemy of the people.” That was it. That was enough: words, not actions. Barack Obama’s administration bugged a journalist. Obama himself attacked Fox News. But Donald Trump threatened the First Amendment.

I don’t understand how such nonsense can come out of an educated person’s mouth without her hearing it and gasping, “Wait! That was completely ridiculous! What’s the matter with me? How did I get this way?”

Continue reading →

“You Have No Enemies” By Charles Mackay (1814-1889)

/ Jack Marshall / 13 Comments

Let’s start the week with some poetic inspiration.

The excellent Netflix series “The Crown” launched its fourth season yesterday, with Scully herself, Gillian Anderson, delivering a brilliant portrayal of “the Iron Lady,” Margaret Thatcher. At one point, Queen Elizabeth (Olivia Coleman) warns the Prime Minister that she is making enemies, and she responds by reciting from memory this poem, which I had never heard or read before.

One more thing: Since I posted the poem, it has been the most visited post of the more than 12,000 on Ethics Alarms. If you came for the poem, why not stay for the ethics? Look around, read the comment policies, check out the categories (to your right.) This isn’t the only enlightening post you’ll find here, or even the most enlightening.

You Have No Enemies

You have no enemies, you say?
Alas! my friend, the boast is poor;
He who has mingled in the fray
Of duty, that the brave endure,
Must have made foes! If you have none,
Small is the work that you have done.
You’ve hit no traitor on the hip,
You’ve dashed no cup from perjured lip,
You’ve never turned the wrong to right,
You’ve been a coward in the fight.

Mackay is not well-known in the U.S., and he was a marginal literary figure in England. But in 2019, a confidante of Thatcher’s revealed that she turned to the writings of Mackay for solace and inspiration, particularly “Enemies,” which she kept in her scrapbook.

I’d describe the poem as a simpler, more direct predecessor of Theodore’s Roosevelt’s famous “The Man in the Arena” speech. (Teddy did go on.) Mackay’s poem has the advantage of being suitable for children, who need to be taught, as do almost all of our current politicians, that popularity isn’t everything.

[Note to first time Ethics Alarms visitors: You came for the poem; why not stay for the ethics and the lively discussions? You can find out more about the blog here. Welcome!]

“How Is Rewarding Unethical Behavior Ethical?”

/ Jack Marshall / 35 Comments

Every now and then a comment on Ethics Alarms that I have not answered personally sticks in my brain like a musical earworm, literally keeping me awake at night. This was one of those times. That proclivity is one reason I have made over 50,000 comments on my own blog among the 300,000 here in the decade Ethics Alarms has been in existence. The vast majority of bloggers don’t do that; most don’t comment at all. I do it because, in addition to the biological need for sleep, I designed this forum to be a colloquy and an ongoing ethics seminar as much as a platform for my own analysis.

This time, the comment that stuck in my brain like “Thank-You Girl,” the Beatles’ all-time earworm, began,

“How is rewarding unethical behavior ethical?”

The comment came as a response to yesterday’s post explaining why it would be best for all concerned  if President Trump would stop claiming that the election was “stolen” or “rigged” (though it was both) and concede with graciousness and honor now that the chances of his prevailing in the Electoral College are vanishingly small.

I could answer that question in two sentences, or with a book. I will try mightily to come much closer to the former than the latter.

Continue reading →

Remember, At The Bottom Of Pandora’s Box Was Hope! Comments Of The Day: “Comment Of The Day: Wednesday Ethics Windstorm,11/11/20: Liars, Knaves, Fools And Birds”

/ Jack Marshall / 9 Comments

pandoras box

Boy, things are getting gloomy around here. Fortunately, I have in my metaphorical ethics holster not one but TWO sterling and inspirational Comments of the Day posted in response to Steve Witherspoon’s expression of ( I’m sure temporary) despair by a pair of the form: Glenn Logan and occasional Ethics Alarms columnist Mrs. Q. And here they are, back to back Comments of the Day on the post, “Comment Of The Day: Wednesday Ethics Windstorm,11/11/20: Liars, Knaves, Fools And Birds,”

First, Glenn Logan:

Steve, this is a grim comment to be sure. I doubt if I can elevate your mood, but I will make a couple of observations:

“There are so many openly anti-Constitutional, anti-American, anti-freedom, anti-civility and anti-rule of law things being done and said by political leaders and common citizens across the USA and it’s been going on for so long now that I really am to the point that I truly and actually believe that all the societal signs are showing us that the United States of America is on its way towards some form of totalitarian styled socialism/communism and it will likely happen in my lifetime.“

I don’t totally agree, but I do agree that this is a danger. I am heartened by the resurgence of the Republicans in the house and the conflagration of so much Democratic money attempting to unseat Republican incumbents. The Democrats burned almost 70 million dollars in the senate race in Kentucky alone (against 30 MUSD for McConnell) only for the pleasure of being curb-stomped. McGrath posters and ads blanketed the media and the streets, outnumbering “Team Mitch” 100-1 even in the most conservative areas of Kentucky, and that money might as well have been dropped in a bottomless hole for all the good it did.

That tells me the signal of freedom is still getting out there, and being heard.

The flood of new subscribers to Parler, MeWe and other alternate social media is heartening. The defenestration of Fox News after its sudden left turn is heartening. The bare margin of the presidential election even after rampant fraud and a non-stop 4-year fully-paid-for media campaign commercial for the Democrats is heartening. There are silver linings to be found, dark as the clouds may be.

There is more than just a little hope, but your point is not unworthy — there is also grave danger.

“Biden’s statement’s about unity, Republicans are not our enemies and working together in peace are a rhetorical smoke screen from an empty suit puppet of the extreme political left.“

Continue reading →

NOW President Trump Should Concede [Corrected]

/ Jack Marshall / 47 Comments

live_map_president

When I noted in last night’s ethics update that North Carolina’s Electoral College votes had been added to the Trump column, I was not aware that that Georgia had been called with Biden in a small but likely uncatchable lead (nonetheless, a recount is underway that will be complete on Wednesday: thanks to James Flood for the correction). Without Georgia, there is no sliver of a path for the President to be re-elected now. The Biden-Harris ticket has 307 EC votes, well above the 270 threshold required for election. RealClearPolitics, one of the very few news sources that did not display open bias and worse, a desire to push the election to a conclusion they favored, has the race marked as decided.

President Trump should make his concession speech today. He has a duty to concede as soon as possible, for the good of the country, in fairness to President-Elect Biden, and, though I doubt anyone could convince him of this (though I would love to have the opportunity to try), himself.

The President should do everything in his power to establish a clear contrast with the irresponsible conduct of Hillary Clinton after her defeat in 2016. She set out to undermined Trump from the beginning by refusing to accept that her loss was genuine and legitimate, thus setting the stage for a four-year effort by Democrats, the “resistance,” and the news media (the “Axis of Unethical Conduct”) to withhold national support of his leadership and wreck his term in office by unscrupulous and despicable means.

One reason this conduct by Clinton and her supporters was so destructive is that it created a precedent that risked being followed going forward to future elections, permanently weakening what had been a strength of American democracy. The President can go a long way toward undoing that damage. I think it is crucial to our national health that he do so, and the sooner the better.

Continue reading →

Comment Of The Day: “The Hanging Of Henry Wirz”…And Thoughts On Who Is Worthy Of A Memorial

/ Jack Marshall / 4 Comments

wirz2

Michael West’s latest Comment of the Day was a provocative note relating to the recent post marking the execution of Capt. Henry Wirz, the Confederate commander of the infamous Andersonville prison camp and the defendant in the first American war crimes trial. Apart from the information, his comment also prompted some research and thought on my part. There are ethical conundrums afoot.

I’ll be back to discuss them after Michael West’s Comment of the Day on the post, “The Hanging of Henry Wirz”:

And there’s a monument in memory of Henry Wirz smack dab in the middle of the “main” intersection of Andersonville. The town, which literally had NO connection to Wirz outside of circumstance…has a monument to the man. At least when Southerners were given the option to erect monuments and name installations, they generally associated places with Southerners who had geographic connections with the locale.

Like Fort Bennin: with a military career earning no more than a “yeah, he was there” mention, Fort Benning is named after a man who happened to be born near there. But Henry Wirz gets a monument in the town associated with his notoriety. Perhaps it would be fair to let his monument be the last torn down by the history-eaters, if only to remember that lethal scapegoating is wrong, however temporarily useful.

I’m back with more on this topic:

Continue reading →

Wednesday Ethics Windstorm,11/11/20: Liars, Knaves, Fools And Birds

/ Jack Marshall / 43 Comments

Great Tit

1. Incompetent headline dept. Someone at a newspaper has to be alert enough to catch a risible headline like this:

Great tits

A Great Tit is the pretty bird above.

2. Who believes that MSNBC didn’t know this? (I don’t.) MSNBC was shocked—shocked!—to discover that the Pulitzer Prize-winning historian Jom Meacham, who had been a regular on MSNBC’s 24-7 anti-Trump barrage, never told them that he was working for the Joe Biden team. on speeches, including his victory address. Meacham appeared on MSNBC following the speech to comment on the speech he had written but didn’t disclose to viewers that the speech he loved cane from his own laptop as he said,  “Tonight marks — the entire election results mark — a renewal of an American conversation where we’re struggling imperfectly to realize the full implications of the Jeffersonian promise of equality,” said Meacham. “It’s taken us too long, our work has been bloody and tragic and painful and difficult and, Lord knows, it is unfinished, but at our best we try.”

MSNBC announced that due to this “discovery. Meacham would no longer be a paid contributor, but he would be welcome to appear on future panels, thus showing the high regard for integrity for which the network is famous. If Meacham lied to MSNBC and its viewers while withholding a crucial conflict of interest, why would he be allowed back on the air in any capacity? Why would anyone trust him?

I believe that MSNBC knew that Meacham was working for Democrats while he was bashing Trump. And this is yet another example of how unprofessional the profession of historian has become.

Continue reading →

Afternoon Ethics Aggravations, 11/10/2020: Mitch, Audra, Jeff And Joy

/ Jack Marshall / 6 Comments

Annoyed

We just passed 300,000 comments on Ethics Alarms, and I’ll stack the consistent quality of them against any other blog on the web.

Thanks, everyone.

1.Regarding the gall, intellectual dishonesty and hypocrisy of Democrats and their supporters complaining about the President insisting on examining the returns and various irregularities before accepting the networks’ declaration that Biden won. I could not believe that Mitch McConnell and I would ever agree on anything, but we do this time. Yesterday he said in part on the floor of the Senate,

“Let’s not have any lectures, no lectures, about how the president should immediately, cheerfully accept preliminary election results from the same characters who just spent four years refusing to accept the validity of the last election and who insinuated that this one would be illegitimate too if they lost again — only if they lost,” the majority leader added. In fact, millions of Americans signed a petition urging the electors to vote for Hillary Clinton after Trump won in 2016. The people who push this hysteria could not have any more egg on their faces than they do right now,”

Bingo.

2. Please note: unethical law firms just pay out damages and fines. It’s only individual lawyers—usually the little guys, sole practitioners— who get disciplined. A state court judge in Houston dismissed a $750 million lawsuit against the huge international law firm Jones Day filed by Berkshire Hathaway. The lawsuit alleged the law firm participated in a “massive fraud” in connection with its work on an acquisition in Germany. The case can be refiled, and probably will. A law firm committing fraud means that its partners were responsible for the fraud, but unethical or even criminal conduct by large law firms seldom result in discipline for the law firm’s partners. The technical reason is that bar associations don’t oversee firms, just individual lawyers, so for big firms assisting their clients in frauds and other crimes, there is safety in numbers.

Continue reading →

Good Morning! Here’s Today’s 2020 Election Ethics Train Wreck Update…

/ Jack Marshall / 45 Comments

Head Boom

I hate mixing Ethics Alarms metaphors, but the developments in the 2020 Presidential Election Ethics Train Wreck made my head explode—what we call a “KABOOM!” in these parts—more than once.

1. To put first things first, I had to make a major revision in yesterday’s update. After a couple of readers reported that the number of ballots in Michigan showing only votes for President was almost a third fewer than J.D. Rucker had reported, I changed the post accordingly and added,

The numbers J.D. Rucker used in the sources for this post can no longer be verified. Now HIS alleged source is showing numbers that don’t support his argument. I can’t imagine that Rucker, who has some credibility and writes for various conservative publications, would make up statistics wholesale for a post about statistics. I can imagine the statistics being altered after he called attention to their suspicious nature, since there is such a concerted effort to discredit any claims that the voting totals may not be accurate, but there is no evidence of that. This is the whole problem. There are no reliable sources.

2. KABOOM! #1. A team of Google monitors captured evidence that between Monday, October 26, 2020, and Thursday, October 29, 2020, Google sent “be sure to vote” reminders to liberal users but did not do the same with conservative users. On Thursday, Sens. Ted Cruz (R-Texas), Ron Johnson (R-Wisc.), and Mike Lee (R-Utah) sent a letter to Google CEO Sundar Pichai demanding an explanation.

Do we need an explanation? Google has shown itself to be virtually principle-free and so biased that it’s a good thing it dumped its motto “Don’t Be Evil,” because the company risked being consumed like Sodom and Gomorrah. Robert Epstein, a psychologist,  started an election monitoring project employing a politically-diverse group of 733 field agents in Arizona, Florida, and North Carolina. “Through their computers, we were able to preserve more than 400,000 ephemeral experiences that tech companies use to shift opinions and votes and that normally are lost forever,” Epstein explained in a letter to Senator Johnson.

“One of our most disturbing findings so far is that between Monday, October 26th (the day our system became fully operational) and Thursday, October 29th, only our liberal field agents received vote reminders on Google’s home page. Conservatives did not receive even a single vote reminder,” Epstein reported. “This kind of targeting, if present nationwide, could shift millions of votes, in part because Google’s home page is seen 500 million times a day in the U.S.”

Continue reading →