Ethics Alarms Award Nominee

Incompetent Elected Official Of The Month: Rep. Jim Himes (D-Conn.)

/ Jack Marshall / 114 Comments
OK, have I got this straight, Congressman? You want to abolish the Electoral College, because its antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You're an idiot.

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because it’s antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You’re an idiot.

Now a member of Congress has sided with the history-addled cheating advocates who are pressuring Republican electors to overturn the results of the 2016 election. One might expect electors to be this ignorant and confused, since they are not vetted or qualified and may be, for all voters know, self-righteous paramedics.  Smug and partisan social justice warriors using fake names are also not surprising us when they advocate something this unethical. However, we should be able to expect our elected representatives to have more respect for and understanding of our system. Unfortunately, we can’t.

Rep. Jim Himes (D-Conn.) concedes that Donald Trump won the election “fair and square.” (This is a small point in Himes’ favor, at least, since so many of his political brethren won’t even admit that). Nonetheless, he has announced that electors should defy the electorate and make Hillary Clinton President when they gather on December 19to  vote,despite the fact that Trump beat Clinton by winning states that gave him, or were supposed to, 306 Electoral College votes.

Himes’s “argument“ mark him as a bona fide idiot. We should not have bona fide idiots in Congress.

“We’re 5 wks from Inauguration & the President Elect is completely unhinged. The electoral college must do what it was designed for,” he tweeted yesterday. No, in fact, that was not what it was designed for. The Electoral College was designed to prevent big states in a federal system from dictating to the other states, which might not share their culture or sensitivities. Imagine a big, wacko state like California dominating our politics. In fact, that’s exactly what would happen without the Electoral College. In the election just completed, Clinton won the Golden Bankrupt Illegal Immigrant-Enabling State by almost 4 million votes, while Trump got more votes than  Clinton in the other 49 states and the District of Columbia.  That’s why we have the Electoral College, and a more brilliant device the Founders never devised. Continue reading →

The Ethics Meltdown Of Elie Mystal Continues

/ Jack Marshall / 36 Comments
Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading →

Now THIS Is A Conflict Of Interest…Or Is It?

/ Jack Marshall / 6 Comments

alton_attorney_accidentally_sues_himself

Is it a conflict of interest for a lawyer to represent a client suing herself? Lawyers are all forbidden to bring adverse actions against their own clients; it is the conflict of all conflicts, a pure breach of loyalty. Does this mean, then, that even when a statute requires a plaintiff to sue herself as a defendant, it can’t be done without breaching the ethics rules?

The case is Bagley v, Bagley, and both Bagleys are the same Bagley.

State Farm Insurance Company handled Barbara Bagley’s car insurance. She was driving when her car flipped and killed her common law husband.  To compel State Farm to indemnify her, Bagley, in her dual capacities as sole heir and personal representative of the estate of her husband, was required to bring this suit against herself as the negligent driver. Bagley as plaintiff and as her husband’s heir brought a cause of action pursuant to Utah Code section 78B-3-106, Utah‘s wrongful death statute, alleging that the defendant—her— negligently caused her, that is, the plaintiff’s husband’s death, thereby depriving his sole heir –the plaintiff, but also the defendant—of his “love, companionship, society, comfort, care, protection, financial support, pleasure, and affection.”  She also brought a second cause of action pursuant to Utah Code section 78B-3-107, Utah‘s survival action statute, alleging that the defendant—her again— negligently caused the deceased to experience pain and suffering prior to his death, entitling Bagley’s late husband’s estate to other damages. Continue reading →

Announcing “The Fake News Ethics Train Wreck,” And Related Developments [UPDATED]

/ Jack Marshall / 40 Comments

train-wreck-air

This morning I checked four news sources and caught stories about”fake news” in all of them. Some of this has been fueled by the flesh-meltingly idiotic Comet Ping Pong pizzeria story out of D.C., which culminated in a moron named Edgar Maddison Welch firing an AR-15 inside the joint, saying later that he was horrified at the reports that the establishment was at the center of a child sex ring run by…wait for it…the Clinton campaign. He got some bad information, Welch told authorities.  Ya think???

No, Ed, you got a really bad education in America’s rotten public schools, and before that you were playing hop-scotch when the brains were handed out.

What prompted Ethics Alarms to officially move the fake news uproar into Ethics Train Wreck status, however, was the interview CNN had this morning with two small business owners in the same block as the evil pizza place. “The internet isn’t regulated like it could or should be,” one said, with no comment or clarification from CNN’s Alisyn Camerota. Politicians are among those who have to address this problem, agreed her partner.

In other words, we need internet censorship. Oh, they did say that citizens should be a bit more discerning before grabbing an AR-15 and shooting up a pizza parlor because someone on Instagram said that John Podesta was selling little girls and boys, but obviously the big arm of the State has to step in.

In other developments:

  • The fake Washington Post news story about fake news that I highlighted here may prompt a defamation law suit from one of the organizations that the Post accused, without checking their source, of spreading fake news.

“You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist,” James A. Moody, attorney for Naked Capitalism, a finance and economics blog with a stated mission of “shedding light on the dark and seamy corners of finance,” wrote to the Post. “You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the ‘team’ at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.”*

Highlights from that 120-page report:

  • Since 1980, U.S. GDP per capita growth has been far below its long run average, and since 2007 it has been almost negligible.
  • Deterioration in the quality-to-cost ratio for healthcare, housing and education is dragging down economic growth. After spiraling price increases, these sectors accounted for 36 percent of total national spending in 2015, up from 25 percent in 1980.
  •  The U.S. population’s health has stagnated or even declined on several measures since 1980, especially for the working-age population.
  • Housing costs have swallowed up a larger share of income without a corresponding increase in quality.
  • Educational quality is weak and stagnant at all levels. The U.S. education system has failed to instill any measurable gains in the cognitive performance of children and young adults for decades, as U.S. students and adults struggle with poor rates of literacy and numeracy despite high spending growth.

You know…”a strong economy.”

Would you like to speculate on which fake news had a greater likely impact on the popular vote for President—the Pope’s endorsement, Podesta’s pizza parlor sex ring, or that nifty Democratic policies had the national economy working like a Swiss watch? Continue reading →

From The “When Ethics Alarms Don’t Ring” Files: Newt Gingrich’s December 7th Tweet

/ Jack Marshall / 69 Comments

gingrich-tweet

Some random thoughts on an incredible display of terrible taste, as I wrestle to keep my cranium from blowing…

1. Why in the world would Newt do this? How could he, or anyone, not understand that this would be hurtful to many, and appreciated by none? Has he decided to compete with Donald Trump for most Reckless Twitter-User? Is he trying to make Trump look responsible by comparison? Why, Newt? Why?

2. Perhaps this is the beginning of regular laudatory tweets from Newt in appreciation of other geniuses that did Americans harm.

March 6: “Today we celebrate Santa Anna’s brilliantly executed surprise dawn raid on the Alamo, and his efficient slaughter of more than 200 Texans in 1836”

April 14: “A date for all Americans to commemorate John Wilkes Booth’s superb planning and marksmanship, confounding President Lincoln’s security to shoot him in the head with flair in 1865!”

August 8: “Let us not fail to admire surgical precision with which the dedicated follower of Charles Manson carried out their slaughter of five people in 1968”

September 11…well, you get the idea.

3. What’s truly nauseating is that poor, insecure Newt is so desperate for affirmation that he will use, of all things, the tragedy of the attack on Pearl Harbor to make himself appear, (he thinks), worldly, cerebral and analytical. All he really accomplished is to reaffirm what most cognizant Americans have known for decades…

4. …that Newt is about as big a jerk as this society has ever produced.

 

Unethical Quote Of The Week: Harry Belafonte

/ Jack Marshall / 39 Comments

“In a few weeks from now, if there is a platform on which I will be privileged to stand and speak, my opening remarks will probably be something like “Welcome to the Fourth Reich.”

–—Legendary singer and long-time civil rights activist Harry Belafonte, now 90, speaking at a “Democracy Now!” event with an audience of 2000.

Harry Belafonte radiated sunniness and spirituality when he sang in his unique, whispery voice, but his political activism was always angry, radical, and with the passing years, increasingly bitter and paranoid. It was predictable that, health allowing, “The Banana Boat Song” artist would be in his element in the 2016 Post-Election Freak-Out and Ethics Train Wreck, and, sadly, he did not disappoint.

In his remarks, Harry mentioned with affection Paul Robeson, the late actor and singer who left the U.S. for the worker’s paradise of  Stalinist Russia, and America-hater Noam Chomsky. He might have mentioned Fidel Castro, for whom Harry frequently expressed his admiration in the past. Back in 2012, Belafonte told another one of his pals, Al Sharpton, that since the evil, racist Republicans wouldn’t do Barack Obama’s bidding, “The only thing left for Barack Obama to do is to work like a third-world dictator and put all these guys in jail!”

But Donald Trump is a Nazi. Continue reading →

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 28 Comments

oops

U.S. District Judge Patricia Minaldi was removed from St. Charles, Louisiana jury trial for criminal fraud in February, then her replacement declared a mistrial. Nobody knew why until the Associated Press got transcripts unsealed. They do not give one great confidence in the management of the justice system.

In one unsealed transcript (PDF), federal prosecutors and a public defender jointly called  U.S. District Judge Donald Walter ,who took over the case from Minaldi,  to ask him to grant a mistrial. The chief judge had assigned Walter to the case in an order that cited Minaldi’s inability to be present at the trial, but provided no additional explanation.

Minaldi was unable to be present because she doesn’t have the requisite awareness of the world around her or of the requirements of her job to be a judge. The botched trial included this ominous incident:

On the last day of the trial before it was suspended, Assistant U.S. Attorney Robert Moore was questioning a witness about the defendant’s grant application which had been filled out on a computer. Judge Minaldi interrupted the witness to ask what a “drop-down box” and “drop-down menus”  were.

“I have no idea what that means,” Minaldi said, regarding the reference to drop-down menus.  “No offense, but if I don’t understand it, I don’t think anybody else is going to understand it,” she continued. “I’ve been to law school. I’ve been doing this for 30 years. I have no idea what y’all are talking about.” After another question—Minaldi didn’t understand references to “Y’s and yeses” in relation to the answers to yes or no questions on the application—the judge recessed the court for lunch.

“Get your act together. Okay,” Minaldi told Moore. “I have no idea what’s going on here. Get your act together.”

Because it was HIS fault she had no idea what was going on. Continue reading →

Does The Pentagon Hiding Its Waste Of 125 Billion Dollars Qualify As An Obama Administration Scandal? Nah! Don’t You Know That The Obama Administration Is Scandal Free?

/ Jack Marshall / 32 Comments

the_pentagon

Scandals? In the Obama Administration? Of course not! David Brooks said so, remember?

“President Obama has run an amazingly scandal-free administration, not only he himself, but the people around him. He’s chosen people who have been pretty scandal-free. And so there are people in Washington who do set a standard of integrity, who do seem to attract people of quality.”

The IRS targeting conservative groups to blunt their influence on an election? Not a scandal! HHS rolling out a non-functional website for Obamacare that cost 2 billion dollars? The Veterans Administration being mismanaged at epic proportions while veterans died waiting for care? Jonathan Gruber’s declaration that Obamacare depended upon the “stupidity of American voter”? The Secret Service showing utter incompetence repeatedly? The head of the CIA giving classified information to his mistress? The NSA allowing a low-level contractor to steal and publish crucial secrets? The Office of Personnel Management allowing hundreds of thousands of government employees to have their sensitive information hacked? Unprecedented sexual harassment and assault in the Armed Services? Fast and Furious? Wait, wasn’t there a Secretary of State who violated her own department’s security policies, covered it up, lied about it, and did so with the knowledge of the President? The Attorney General meeting with the husband of a target of an FBI investigation, when that husband was the former President who once promoted that AG? No scandals?

Nah, President Barack Obama administration is scandal free!

I was watching CNN and Headline News this morning specifically to see if the Washington Post’s scoop last night was deemed worthy of mention. Of course, it wasn’t, and so far, almost all of the mainstream news media apparently believes that it’s less important for Americans to know about than, well, just about everything. Here what Google’s software ways are the top stories based on what the web is reporting:

Donald Trump
Oakland
Manchester United F.C.
College football
Westworld
Seattle Seahawks
Manuel Valls
OPEC
New York Jets
Pat McCrory

Clearly, what the  Post’s Craig Whitlock and Bob Woodward  reported last night is trivia—fake news, really, since we know there are no scandals in the Obama Administration: Continue reading →

Ethics Dunce: Texas Elector Christopher Suprun [UPDATED]

/ Jack Marshall / 145 Comments
Shut up, Chris; shut up, Alexander.

Oh, shut up, Chris; you too,, Alexander.

Another faithless Texas elector has announced himself. This time, it’s Christopher Suprun, the latest previously anonymous figure to exploit the 2016 Presidential candidacy of Donald Trump for 15 minutes of fame. Let’s see: there was Trump’s former lawyer, who breached or nicked several legal ethics duties to get a column in the Huffington Post, Trump’s ghostwriter, and all of the women who never saw fit to complain of being sexually assaulted by the President Elect until their accusations could do maximum harm and spark maximum exposure. Now we have Suprun, who penned a self-righteous op-ed for the New York Times explaining why he feels he is entitled, all by himself, to ignore the will of the people and cast his vote as elector for someone other than the candidate Texas insisted he pledge to vote for: the winner of the most votes by participating Texas citizens in the November 12 election.

The measure of Suprun’s gravitas and qualifications to take this responsibility on himself is aptly illustrated by the first of his justifications for his untenable position: “Mr. Trump goes out of his way to attack the cast of “Saturday Night Live” for bias.” Naturally, he appeals to the authority of Alexander Hamilton, whose various employments in the post-election train wreck has convinced me that he, not Old Hickory, really should move off the currency and make way for someone with the right number of chromosomes. If I hear one more quote from Federalist Paper 68—which no one is 100% certain that Hamilton even wrote—I may strip off my clothes and run screaming Norse epithets into the night. Assuming, as most do, that the author was Hamilton, so what? The paper was written after the Constitutional Convention. Hamilton’s concept for that document and the structure of the government was rejected. He didn’t trust the public, or democracy, wanted George Washington to be king, and championed a system the resembled Great Britain’s. Using him to justify a concept of the Electoral College that has never been employed or accepted in the United States is a classic logical fallacy. Continue reading →

Ethics Dunce: Liberty University

/ Jack Marshall / 16 Comments
That's McCaw on the left, Starr on the right, with the Baylor women's basketball team.

That’s McCaw on the left, Starr on the right, with the Baylor women’s basketball team.

Football is a sport, but in American culture its primary impact is as an ethics corrupter. The latest revolting example of this is occurring at Lynchburg, Virginia’s Liberty University, a prominent Christian fundamentalist institution founded by Jerry Falwell, the late TV evangelist and Religious Right icon. The school  is supposedly dedicated to imbuing its students with moral values, but if it comes to choosing between the Ten Commandments and pigskin glory, guess what comes out on top?

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Baylor’s summary of its confidential investigation, overseen by the law firm of Pepper Hamilton, found that athletic program administrators and football coaches learned of accusations of gang and date rape over many years and did not report them or take appropriate action. This, the report found, “reinforces the perception that rules applicable to other students are not applicable to football players.”

Ethics Alarms calls this “The King’s Pass,” or “The Star Syndrome.” It is antithetical to moral and ethical principles, and, in theory, religion.

The report concluded that the “the choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.” Continue reading →