Character

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

/ Jack Marshall / 47 Comments

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

From The “When Ethics Fail, The Law Takes Over” Files: The Dumb Teacher, The Fragile Student, And The Bucket

/ Jack Marshall / 19 Comments
A toilet at Patrick Henry High....

A toilet at Patrick Henry High….

Yyyyyyup! The American public school system continues to impress. As they used to say, “Get a load of this!“

In 2012 Gonja Wolf was an art teacher at Patrick Henry High School in the San Diego Unified School District. She was monitoring a 25-minute study hall. Administrators at the school had told teachers that frequent bathroom breaks for students would undermine the study hall’s purpose, which was uninterrupted study. They also told teachers to use their common sense. Unfortunately, Ms. Wolf had no common sense.

When a young woman in the class, a freshman, asked to go to the restroom, Wolf ordered her to urinate in a bucket in an adjacent supply room rather than use the bathroom during class.  The bucket was there because Wolf, a think-ahead type of person, purchased the bucket, she said, to serve as a toilet in case of a security lockdown, and had even used the bucket for emergency peeing herself. (I should have put this story in the “I Can’t Believe I’m Writing This” file.) She said she misunderstood the school’s instructions about bathroom breaks, but thought it was a good idea. To have students pee in a bucket. She actually said this under oath.

Yes, sadly, Gonja Wolf is an idiot. Continue reading →

Ethics Quote Of The Month: NBC’s “Meet The Press” Host Chuck Todd

/ Jack Marshall / 18 Comments

 

“Where I think political correctness got in the way of what we all knew as reporters and didn’t fully deliver was how hated the Clintons were in the heartland. And I think it was a fear of, ‘Oh, is it going to look like it’s sexist, anti-woman if we say that?’… I think we underplayed it a little bit out of political correctness fears… No member of the press corps wants to look like they’re singling out a group and making a group feel bad…. If we sort of were straight-up honest and blunt about hey do we understand the level of hatred that’s out there and you know, all the Hillary for Prison signs that are out there, we certainly would have at least made the viewer know, hey, you know, she’s not well-liked in some places in this country in ways that’s times 10 when it comes to Trump…. What do I think we did wrong in this election? The biggest thing is we didn’t tell the stories of all Americans. We told the stories of coastal Americans. And ultimately, that’s like the larger trust issue. We were more likely to do a story about the Dreamer that might get deported with new policies than we were about the 19-year-old opioid addict who feels hopeless in Rolla, Missouri. And, I’m not, I don’t pick on Rolla, Missouri, it’s, my point is that we just, we did not equally tell those stories very well, right, and, we were not, that is an out-of-touch issue.”

—“Meet the Press” host Chuck Todd last week being interviewed by former Bush White House press secretary Ari Fleischer in his “1947” podcast.

chuck-todd1. I suspect this quote, from a podcast I had never heard of before, may end up being quite famous. It should be.”Meet the Press,” by pedigree and habit if no longer on merit, is the flagship of theoretically tough, objective broadcast journalism. Its host, right here, in this quote, admits that he, his colleagues and industry, “we,” were and are biased and partisan. Equally remarkable, he didn’t seem to understand the significance of what he was saying.

This isn’t an ethical quote, for in its phrasing and the unethical mindset it reveals, it is quite horrifying. It’s an ethics quote, because it reveals something important and useful about ethics, specifically the wretched ethics and complete lack of trustworthiness that now infects most of American journalism. One should not be able to read Todd’s comments and express disapproval of the Trump administration’s hostility to the press. The news media deserves hostility.  Its conduct has forfeited the right to be believed or respected. If it could be believed or trusted, Chuck Todd wouldn’t have said this.

2. In this statement, Todd’s candor provides a smoking gun example of one of Ethics Alarms’ mantras, “Bias makes you stupid.”

3. Todd’s equivocations, euphemisms and minimizing verbiage are as provocative as they are infuriating. “Didn’t fully deliver… underplayed it a little bit …If we sort of were straight-up honest…. we certainly would have at least made the viewer know….we did not equally tell those stories very well. Todd is admitting bias and deliberate misreporting, but using Hillary Clinton’s “it wasn’t the best choice” rhetoric (Rationalization 19A, The Insidious Confession) to imply only that it was kind of, sort of, not exactly the best thing to do in retrospect. The weasel-words are as damning as what Todd is admitting to.

4. The context of Todd’s navel-gazing and that of many of his colleagues is “What did we do wrong that helped elect Donald Trump?” and not, as it should be, “How was our journalism unethical and how can we be more ethical going forward?” We already know, or should know, why Todd and his colleagues’ work was unethical: they were 100% committed to defeating Donald Trump, and just as committed to shaping the narrative of the campaign according to how the Democratic Party and Hillary Clinton wanted it shaped: Hillary’s election was inevitable. Continue reading →

Ethics Dunce: The Joy of Knitting Proprietor Elizabeth Poe

/ Jack Marshall / 23 Comments

poe

Once more, we see the disturbing trend of hyper-partisan business owners attempting to divide the nation into politically exclusive camps, with progressive and conservative bars, restaurants, supermarkets, hardwear stores, pet shops and, in this case, yarn shops. This is madness, and indefensible ethically, especially in a pluralistic democracy. It is also pure bigotry, attributing negative character traits to individuals based on one characteristic alone. Banning customers because they have a political view is no less hateful, and no less offensive to the nation’s ideals, than banning them because they are black.

Elizabeth Poe, owner of a small yarn store, The Joy of Knitting, in Franklin, Tennessee, doesn’t comprehend that, so she proudly posted this  unethical announcement  on Facebook, telling potential customers who participated in the Women’s March last week,

“…if you want yarn for any project for the women’s movement that you please shop for yarn elsewhere…The vulgarity, vile and evilness of this movement is absolutely despicable. That kind of behavior is unacceptable and is not welcomed at The Joy of Knitting. I will never need that kind of business to remain open. Two wrongs will never ever make it right. As the owner of this business and a Christian, I have a duty to my customers and my community to promote values of mutual respect, love, compassion, understanding, and integrity. The women’s movement is counterproductive to unity of family, friends, community, and nation.”

Whereas shunning fellow citizens because they advocate different policies and positions than you do is a wonderful way to “promote values of mutual respect, love, compassion, understanding, and integrity, unity of family, friends, community, and nation.” Continue reading →

From The “How Often Can Something Like This Happen In An Ethical Profession?” Files: The Art Teacher’s Meltdown

/ Jack Marshall / 34 Comments

I know a lot of teachers get angry with me for my increasing certitude that they are in an unethical profession with some ethical members (like them), rather than an ethical profession with isolated unethical exceptions. This incident supports my critical views. Unless mental illness is involved, an adult doesn’t belong to a profession with well-defined standards and ethics rules and act like this.

At W.H. Adamson High School in Dallas, Texas, art students were treated to an epic meltdown by their teacher, Payal Modi, who screamed “Die!” and shot President Trump’s image on the screen with a water gun as students watched his inauguration on TV.  A student caught this on video, and Modi, who was proud of the planned display, posted it to her Instagram account.

This is more political indoctrination the classroom, which educators not today only tolerate but nurture. A teacher modelling violence toward any individual, but especially the President of The United States, in front of students, is such a stunning breach of professional ethics that no teacher should  have the idea even flicker across her mind. Payal Modi planned it.  A teacher who behaves like this cannot be trusted with students. A teacher like Modi calls into question everyone and every institution connected with her.

Adamson High School assistant principal Bobby Nevels confirmed that Modi shot the squirt gun at the TV, during class and in front of students. It is six days later. Why does she have a job? Why has the school not made a public apology? Why hasn’t the teachers’ union condemned her actions?

In eight years, no teacher did anything displaying close to this level of hostility and disrespect to President Obama. What do you think the reaction would have been by a school district if one had? Would the official position be, as Nevels’ was, “The district will not comment on personnel issues.” How about reassuring parents and the public that the district recognizes that this isn’t just a personnel issue, but an incident that calls into question the integrity of the education system and the  teaching profession? Modi is the product of an unethical culture that is rotting public education from within.

Is there a specific Teachers Code of Conduct provision, enforced and universal, that would guide a teacher not to do something this outrageous? The NEA has a Code, but there is no enforcement mechanism. There is also no prohibition against demonstrating hostility and disrespect toward public figures, or engaging in violent displays in class. Here are the provisions relevant to Modi’s meltdown: Continue reading →

Incompetent Elected Official Of The Month: Nebraska State Senator Bill Kintner (R)

/ Jack Marshall / 25 Comments

bill-kintner

This ridiculous State Senator doesn’t even know how to resign intelligently. Kintner, who has represented southeastern Nebraska’s District 2 in the Nebraska Legislature since 2012, found a way to leave office almost as embarrassingly as the way he occupied it, which is impressive.

Where do Republicans find these people, and why does anyone vote for them?

In June of 2015, Kintner attacked the Nebraska Legislature’s attempted repeal of the death penalty by posting graphic photos of a beheaded woman on his Facebook account. Let me tell you, this is one classy guy. His constituents didn’t discover quite how classy, however, until later in 2015. Then it was revealed that Kintner and a woman he met on Facebook had engaged in cyber-sex over Skype a year earlier, while the Senator was in a Massachusetts hotel.  (This detail kept him from being indicted in Nebraska.) The episode constituted a misuse of a state-owned computer, but there were other problems with it, including the fact that Kintner and a woman engaged in cyber-sex (don’t make me explain it to you) over Skype, which makes what Anthony Weiner does look restrained.

Immediately after the session, the woman tried to blackmail Kintner, threatening to post the video to YouTube and share it with Kintner’s colleagues, including the governor. She reportedly has connections to an Ivory Coast crime syndicate, and demanded $4,500 from Kintner. Later, she contacted another State senator, offering to sell the video. That senator’s response was apparently, “No thanks, and by the way, ICK.”

Kintner rejected calls for his resignation from the legislature following the incident, after paying a $1,000 fine for misuse of public resources as part of a settlement with the Nebraska Accountability and Disclosure Commission. “I fully understand the gravity of my action and how it reflects upon the fact that I carry the title and responsibility of a state senator. I have taken personal responsibility for my action. I have apologized to God, to my wife, to you and to my constituents,” he wrote in a letter to his fellow lawmakers. At least part of that apology seems less than sincere, however. When demands for his resignation or impeachment continued, Kintner asked, “What standard are all 49 senators held to that I violated and embarrassed this institution? I would love to know.”

If we really have to explain that to you, Senator, it’s not worth our time.

Then, suddenly, Kintner resigned yesterday. Not over his Skyped masturbation, mind you; no, he resigned because the criticism he received for  giving a sexist tweet his endorsement by re-tweeting it was just too, too unfair. The re-tweeted tweet, by talk-show host Larry Elder, mocked demonstrators at last weekend’s women’s march by suggesting that they weren’t attractive enough to be sexually assaulted. Continue reading →

It’s Sexual Harassment Day!

/ Jack Marshall / 37 Comments

biden-harassment

Unfortunately, it will be a while before I get to the next ethics topic. Accompanied by the ProEthics acting troupe, The Ethical Arts Players, I’ll be running not just one but two harassment awareness and avoidance trainings today. Avoiding harassing conduct is only applied ethics after all; it should be easy, but it isn’t.

I’ll be talking about some high profile cases that have been discussed here: the Trump-Billy Bush video, naturally; Ellen Degeneris’s cute sexual harassment of Jake Gyllenhaal on television that nobody complained about because…she’s Ellen! ; and the most relevant of all for the group I’ll be talking to, made up of scientists and academics, this story.

Sexual harassers come in many varieties, and this reminds me that I need to write more about the topic. Here are 15 types that have been identified in the wild so far, but hybrids and mutants are also out there:

  1. The Power Player: A “quid pro quo” harasser: the boss.
  2. The Counselor: Exploiting mentor relationships, abusing tryst
  3. The Leader of the Pack: Leading group embarrassment or marginalization
  4. The Serial Harasser: The Intentional and shameless abuser. With all that has gone on in the law and public eye, they are still out there in force.
  5. The Groper: Hands and Eyes. Yes, that’s Joe Biden…
  6. The Opportunist: Awaiting their chances, and ready to pounce on the trusting, vulnerable and needy
  7. The Bully : Sexual harassment as punishment, manipulation or just for sadistic fun
  8. The Confidante: Building trust to abuse it, that Platonic friend who’s not really platonic.
  9. The Pest: Polite, but not taking “no” for an answer
  10. The Sympathetic Harasser – Exploiting a crisis
  11. The Gallant: Misusing compliment and manners to marginalize, the kind of harassment women often don’t notice. (Barack Obama is one.)
  12. The Nerd: Socially inept individuals who desire the attentions of their targets, and who often don’t see that they do not reciprocate these feelings.
  13. The Stalker: Watching, trailing, bothering, tracking. The most dangerous harasser.
  14. The Blunderer : An accidental or clueless harasser
  15. The Star: The open harasser who’s status prevents him from being called one, or called to account.

 

Fake Legal Résumé Ethics

/ Jack Marshall / 14 Comments

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading →

Let Us Praise The Even-Handed Fact Checker

/ Jack Marshall / 5 Comments

pinocchio_4

Glenn Kessler, as I have noted before, tries. The primary Washington Post fact checker leans to the left, and often his biases get the better of him, but he tries. His bias showed up recently when he balked at directly calling the oft repeated propaganda that Obama had an administration that was “historically free of scandal,” the falsehood that it is, but I give him credit for touching the issue, which has become cant in his world of partisan loyalists. Kessler refused to give the claim a rating, saying that there were arguments for and against the proposition.

Kessler brushed up against reality when he wrote, “One thing that is apparent is that Obama has benefited from the fact that the independent counsel law lapsed in 1999, since in another era some of the controversies that have enveloped his administration might have resulted in an independent prosecutor.” Right. And that’s because there were many scandals—the IRS, Fast and Furious, Clinton’s e-mails, the Bowe Bergdahl exchange, the  pay-off for Iran hostages and its cover-up, the VA—that a complicit press didn’t pursue, and a political Justice Department allowed to fade away. Kessler’s job is to debunk false partisan narratives, and that’s is a whopper of one. He blinked.

He did come through last week with a post on Obama’s biggest lies, Four Pinocchios in Kessler-speak. And today, Kessler chose one of the many, many absurd assertions made at the Women’s March, by one of the truly embarrassing members of Congress. Maxine Waters (D-Ca), who said regarding Secretary of Education nominee Betsy DeVos,

“What about that Betsy DeVos? A billionaire who he is picking to head Education who has never seen the inside of a classroom. She has no experience, she has no background. That’s dangerous for our children.”

Kessler takes the gloves off and not only festoons Waters with Pinocchios, he calls her statement “ridiculous,” which it is. Continue reading →

When Ethics Alarms Don’t Ring (Or Were Disconnected): Now THIS Is An Unethical Airplane Passenger….

/ Jack Marshall / 66 Comments

A Trump-deranged woman on a Baltimore to Seattle flight went bananas when she learned that a fellow passenger was not similarly inclined, and was so abusive that she was kicked off the flight.

Good.

The object of her scorn, Scott Koteskey, described the confrontation on Facebook, writing in part…

I’m boarding my flight from Baltimore to Seattle and approach my seat…As I approach my row I smile and motion to the husband and wife sitting in the aisle and middle seat that my seat was next to the window. I put my backpack in the overhead and the wife with a very stern voice says to me:

“Did you come here to cheer or to protest?”

“I came here to celebrate democracy ma’am”

She then proceeded with: (somewhat paraphrased as my memory allows):

Her: “You put a crazed man in charge of the nuclear codes! You should be ashamed!”

Me: ‘Well we’re all entitled to our opinions here ma’am.”

Her: “And I’m entitled to get drunk and puke in your lap! I’m going to throw up right in your lap! You make me sick! Don’t talk to me! Don’t look at me! Don’t you dare even put your arm on that rest. You disgust me! You should be ashamed of yourself! You put a maniac’s finger on the button” (assuming she’s means nukes). You are a bigot. You should get off this plane!”

Me: “Ma’am, by definition, bigotry is disparaging someone prior to knowing them simply by their beliefs and opinions. Thank you for being the very thing you preach against.”

She then proceeded with other various rantings such as my lack of critical thinking and other insults. Finally a flight attendant came over as you will see in the video followed by a supervisor informing that she would have to de-board the plane per captain’s orders….

Continue reading →