Ethics Alarms Award Nominee

Now THIS Is “Conduct Prejudicial To The Administration of Justice”!

/ Jack Marshall / 1 Comment
The late Joe Jamail, role model...

The late Joe Jamail, role model…

Almost all jurisdictions include in their lawyer ethics rule a catch-all provision, Rule 8.4 (d), that says that is is professional misconduct for a member of the bar to

(d) Engage in conduct that is prejudicial to the administration of justice;

Virginia is one state that omits this prohibition as too vague; D.C.’s version says that a lawyer must not engage in conduct that is seriously prejudicial, whatever that means. My position is that such a rule is necessary, since no set of rules can cover every situation, and lawyers, I have found, are especially creative in finding new ways to be unethical.

Texas Super Lawyer Joe Jamail (who died last December) established the proposition that a lawyer could prejudice the administration of justice by his spectacular incivility in this deposition:

The Delaware Supreme Court condemned Jamail’s conduct as “rude, uncivil and vulgar,” saying that it abused the privilege of appearing in a Delaware proceeding,” and showed “an astonishing lack of professionalism and civility.” (The immortal quote from the video is Jamail telling his adversary counsel that he “could gag a maggot off a meatwagon.” The deposition deteriorated into a Trumpian insult-fest, with Jamail calling the other lawyer “Fat boy” and being called “Mr, Hairpiece” in return.) The court went on to call Jamail’s unprofessional behavior “a lesson for the future—a lesson of conduct not to be tolerated or repeated.”

Following the judicial reprimand,  Jamail said,  “I’d rather have a nose on my ass than go to Delaware for any reason.”

But even Joe never did this. Continue reading →

Comments of the Day (2): “Donald Trump ‘When You’re A Star, They Let You Do It’ Apology, Take Two!”

/ Jack Marshall / 23 Comments

train wreck - b

I am putting up these two Comments of the Day by johnberger2013 and Steve-O-in NJ together, not because the aren’t each worthy of a separate post, but because they both involve the flap over the Donald Trump-Billy Bush video, which has become a sub-ethics train wreck to the already out-of-control Donald Trump Candidacy Ethics Train Wreck, and I want to put it in my rear view mirror as soon as I can. Its noise is drowning out a virtual tidal wave of new information about how horrifying corrupt the Democrats have been (and are), and the public should know the utter ethical depravity of both the administration that is leaving and the one that is on the way. To be forewarned is to be forearmed, after all. If the news media keeps trying to hide it, at least Ethics Alarms can do its part to counter their efforts. It’s just a few thousand people a day, but if they tell two friends, and they tell two friends…well, it’s something.

First, though, let’s try to finish “Pussygate.” First, the Comment of the Day, on this post and the others on the topic,  from Steve-O-in NJ:

I know Bill [Clinton] did a lot worse. He started a process of ethical rot in the White House that continues today and is best known for getting hummers in the oval office. He wasn’t the first either, with JFK having affairs, FDR being wheeled to a girl friend, and Harding getting action in a White House closet. At least these earlier guys had the sense to keep it quiet, not boast openly about it, and not advocate not just frat boy attitudes, but criminal activity. I heard this kind of bluster and worse when I was high school age (one of my contemporaries boasted that he’d like to cut off a woman’s breast and suck on it). I haven’t heard anything like it since I was 22, and I haven’t openly or otherwise used a vulgar term for a woman’s genitals since I graduated college, not in conversation, not in joke, no way. Full disclosure, I find feminists tiresome at best, angering at worst, and I still think Hillary is a lying, conniving, power hungry grifter who will be a failure as president. That doesn’t mean I hold ALL women in contempt, nor do I see them as toys to be used and discarded. I’ve never been on so much as a first date, but I have worked with and known too many women (some good, some meh, and some pretty bad) to hold half the human race in the contempt Trump holds them.

Continue reading →

The Bias And Incompetence Of Media “Fact-Checkers” In One Stupid Tweet

/ Jack Marshall / 32 Comments

nbc-factcheck

In the last (I wish it were the last) Presidential debate, Donald Trump said that Hillary Clinton should apologize for “the 33,000 e-mails that you deleted, and that you acid washed.” The tweet above was the instant response of NBC’s “fact-checkers.”  No, it’s not a parody.

You see, when Donald Trump uses rhetorical devices like metaphor, hyperbole, irony and anything else that a reasonable and educated person would understand as not being meant literally, the pro-Clinton, pro-Democrat, anti-conservative, anti-Republican, anti-ethical, anti-democracy  journalism “fact-checkers” intentionally treat the statement as if it was meant literally, so they can call Trump a liar, and build on the narrative that he lies even more than Hillary does, so, the reasoning goes, Hillary’s lies don’t matter

That they do this repeatedly and increasingly obviously has the effect of making it impossible for their commentary to be trusted when Trump does lie, which is often. It also raises the question of whether these people are too dumb themselves to provide analysis of anything, and, quite possibly, to dress themselves. Continue reading →

Trump’s Tape Is Disgusting; This Is Much Scarier…Or Should Be

/ Jack Marshall / 27 Comments
"Hillary is experienced! Hillary is healthy! Hillary is young! Hillary is progressive! Hillary never attacked her husband's victims! You are a chicken!"

“Listen to my voice! Hillary is experienced! Hillary never lies! Hillary is healthy! Hillary never knowingly send e-mails with classified contents! Hillary is young! Hillary’s Middle East policy brought peace and stability!  Hillary never attacked her husband’s victims! You will vote for Hillary! And you are a chicken!”

Blogger-muckraker Glenn Greenwald reports today on leaked strategy e-mails from the Hillary Clinton campaign that show ongoing coordination between the campaign and journalists to advance her candidacy and place her in power. The natural defense of the Clinton Corrupted to this is predictable (“Everybody does it!), and because it impugns the integrity of the news media, I doubt that Greenwald’s findings will even be widely reported. As he writes in his conclusion,

“All presidential campaigns have their favorite reporters, try to plant stories they want published, and attempt in multiple ways to curry favor with journalists. These tactics are certainly not unique to the Clinton campaign…But these rituals and dynamics between political campaigns and the journalists who cover them are typically carried out in the dark, despite how significant they can be. These documents provide a valuable glimpse into that process.”

The glimpse shows a thoroughly unethical process whereby the Clinton campaign sets out to bias coverage, and unprofessional journalists allow them to do it. Then it is all kept secret, since allowing the public to know how “cozy” (to use Greenwald’s benign word–he is a progressive himself, after all) the relationship between journalists and those whom they claim to covering “objectively” really is would make it far more difficult for the news media to manipulate public opinion and warp democracy.

Among the revelations in Greenwald’s report

1. Lobbying and feting reporters at off-the-record events…

“The Clinton campaign likes to use glitzy, intimate, completely off-the-record parties between top campaign aides and leading media personalities. One of the most elaborately planned get-togethers was described in an April, 2015, memo — produced, according to the document metadata, by deputy press secretary Jesse Ferguson — to take place shortly before Clinton’s official announcement of her candidacy. The event was an April 10 cocktail party for leading news figures and top-level Clinton staff at the Upper East Side home of Clinton strategist Joel Benenson, a fully off-the-record gathering designed to impart the campaign’s messaging:

cocktail1-memo

“Unfriendly” reporters and pundits were not invited. This is what is called “an appearance of impropriety.” Accepting gifts and favors, including parties, from those who a reporter is supposed to cover objectively is a conflict of interest, and should be disclosed. Of course it wasn’t. Continue reading →

Unethical Quote Of The Week (Or At Least It Would Be In A Serious Campaign Where The News Media Was Interested In Covering Both Candidates Fairly): Hillary Clinton

/ Jack Marshall / 17 Comments

2faced-hillary

“You just have to sort of figure out how to — getting back to that word, “balance” — how to balance the public and the private efforts that are necessary to be successful, politically, and that’s not just a comment about today…. I mean, politics is like sausage being made. It is unsavory, and it always has been that way, but we usually end up where we need to be. But if everybody’s watching, you know, all of the back room discussions and the deals, you know, then people get a little nervous, to say the least. So, you need both a public and a private position.”

—-Hillary Clinton, in a quote from one of those speeches she got $225,000 to make, for the National Multi-Housing Council, 4/24/13

We all knew we would eventually learn what she said in those speeches, didn’t we? It was just a matter of time. Luckily for Hillary, this leak arrived the same day as Trump’s Billy Bush piggery, giving the news media a chance to bury it for a while.

Hillary’s foe Julian Assange  released a hacked e-mail from Clinton minion John Podesta. Podesty was flagging sections of various Clinton speeches that might cause trouble for Hillary if they ever became public, so she could have an instant response, that is, spin, ready. (I have to admit, these guys are good.) The heading on this one was, Continue reading →

Donald Trump “When You’re A Star, They Let You Do It” Apology, Take Two!

/ Jack Marshall / 35 Comments

Trump’s initial, typically off-the-cuff, dismissive non-apology-apology for the leaked tape of him talking exactly like the piggish narcissist he is was not sufficient to stem his latest self-made campaign crisis. Then he wrote:

“This was locker room banter, a private conversation that took place many years ago. Bill Clinton has said far worse to me on the golf course – not even close. I apologize if anyone was offended.”

CUT! I’m sorry, Don, that didn’t come off right….not sincere enough. Can we try it another way? Great!

So Trump got serious, and shot the video above. In case you, like me, got nauseous half-way through, this is what he said:

I’ve never said I’m a perfect person, nor pretended to be someone that I’m not. I’ve said and done things I regret, and the words released today on this more than a decade-old video are one of them. Anyone who knows me knows these words don’t reflect who I am. I said it, I was wrong, and I apologize. I’ve traveled the country talking about change for America, but my travels have also changed me. I’ve spent time with grieving mothers who’ve lost their children, laid-off workers whose jobs have gone to other countries, and people from all walks of life who just want a better future. I have gotten to know the great people of our country, and I’ve been humbled by the faith they’ve placed in me. I pledge to be a better man tomorrow and will never, ever let you down. Let’s be honest — we’re living in the real world. This is nothing more than a distraction from the important issues we’re facing today. We are losing our jobs, we’re less safe than we were eight years ago, and Washington is totally broken. Hillary Clinton and her kind have run our country into the ground. I’ve said some foolish things, but there’s a big difference between the words and actions of other people. Bill Clinton has actually abused women, and Hillary has bullied, attacked, shamed and intimidated his victims. We will discuss this more in the coming days. See you at the debate on Sunday.

Anyone, and I mean anyone, who sees the video or reads those words and concludes, “OK, he apologized. He’s still got my vote!” has proven my point made a week ago, here. Such an individual is too deficient in critical thinking skills to be anything but an impediment to democracy.

What’s the matter with the second apology? Let’s see..how about “Everything”? Continue reading →

Republicans Leaders Are Shocked…Shocked!…That Donald Trump Is Donald Trump

/ Jack Marshall / 16 Comments

Cynical, principle-free morons, every single one.

Everyone knew that Donald Trump was a low-life, belonging in the political genus containing human leaches and anthropomorphic pond scum, long before he even announced his candidacy. They knew or should have known, to apply a common legal standard. I’m no genius, but the millisecond his joke candidacy for President began smelling viable back in August 0f 2015, I wrote here what GOP leaders with any sense or integrity should have known without me having to write a word. They needed to tell Trump to go haunt a casino somewhere, because he wasn’t fit to represent the Republican party as a candidate—not as President, not as dogcatcher, not as a gag on a Saturday Night Live skit.

Nahh! GOP Chair Reince Priebus —Fun Fact: Did you know that “Reince” means “spineless tool”? Well, it does now!-–apparently thought Trump would bring a little pizzazz, publicity and new voters to the GOP primary campaign. Well, it sure did that, didn’t it, Reince, you pathetic failure as a leader, manager, Republican and an American? Continue reading →

From The “The Ends Justifies The Means” Files, Election 2016 Tab: Why Does Hillary Clinton Think That It Is Responsible, Respectful And Fair To Intentionally Deceive Voters With Schemes Like This?

/ Jack Marshall / 24 Comments

And why does the mainstream news media think it is ethical to let her get away with it?

A YouTuber named Spanglevision decided to do the job that the mainstream news media has resolved to forgo, checking up on a suspicious Hillary Clinton campaign moment that seemed to good to be true. 

At a Hillary Clinton town hall yesterday in Haverford, Pennsylvania, a 15 year old girl was supposedly chosen at random to ask a question of her own devising. She delivered a carefully worded query that she read from a script:

“Hi Madam Secretary.  I’m Brennan and I’m 15 years old.  At my school, body image is a really big issue for girls my age.  I see with my own eyes the damage Donald Trump does when he talks about women and how they look.  As the first female president how would you undo some of that damage and help girls understand that they’re so much more than just what they look like?”

Clinton responded,

“I’m so proud of you for asking that question. You are right — my opponent has just taken this concern to a new level of difficulty and meanness.  And, it’s shocking when women are called names and judged solely on the basis of physical attributes.* My opponent insulted Miss Universe. I mean, how do you get more acclaimed than that?  But, it wasn’t good enough. So we can’t take any of this seriously any more. We need to laugh at it. We need to refute it. We need to ignore it. And we need to stand up to it.”

Investigation yielded the fact that  that the “random” participant was child actress Brennan Leach Her father is Pennsylvania democratic State Senator Daylin Leach, a Hillary Clinton ally. Brennan has performed in her father’s campaign ads, and also in a commercial release: she has an entry in the Internet movie data base.  Thus it was a lie to present the girl as a randomly chosen questioner, and it was a lie to create the illusion that Clinton was answering a spontaneous question.

Then the news media took the falsely presented episode and spread the lie far and wide as truth.

As Tyler Durden of Zero Hedge illustrates, the fakery was presented as authentic by the New York Times….

https://static01.nyt.com/video/players/offsite/index.html?videoId=100000004690624

 

CNN, which gave us the video at the top of this post, and many others, including  The Washington Post, New York Magazine, The Chicago Tribune, Cosmopolitan. Continue reading →

Coulrophobia Ethics: The Irresponsible Clown Dad

/ Jack Marshall / 12 Comments

There has been an outbreak of coulrophobia (fear of clowns) for some reason, heightened by pranksters and web satirists taking advantage of one of our periodic societal freakouts as Halloween approaches:

  • Hundreds of students at Penn State set out to hunt clowns this week after rumors that clowns were loose on campus, chanting”Fuck the clowns!”
  • A dorm was evacuated at Merrimack College in North Andover, Massachusetts, after the “Clown Watch” Twitter feed reported a sighting of a scary clown with a rifle. It was a hoax. 
  • In Portland, Oregon, police arrested David Dahlman, 55, for wearing a clown mask and boxing gloves and threatening middle schoolers. This clown charged an assistant principal who intervened.
  • A 13-year-old girl was arrested in Hampton, Virginia., for trying to get a person posing as a clown online to kill one of her teachers. 
  • A 14-year-old boy in Houston was charged with making terrorist threats toward his school using an online clown image.
  • Also this week, several hundred University of Connecticut students  gathered in a cemetery near midnight, ready to do battle with the evil clowns they had heard were hiding among the headstones. Police had to respond, and were not amused.
  • Police in  Lancaster, California warned that men wearing “ugly-looking clown masks” were using kitchen knives to frighten people and then videotaping their reactions.
  • Menacing clowns sightings were also reported in Modesto,  prompting police there to issue a warning to residents saying, “If you see anything or anyone suspicious, including individuals dressed as clowns, to avoid contact and report the circumstances to us immediately.”

Fear of clowns has been a cultural joke for decades. “Seinfeld” had whole storylines based on Kramer’s coulrophobia.Why is this happening now? I have no idea, and neither does anyone else, though CNN came up with five equally unsatisfying theories. Why? Why do birds suddenly appear every time you are near? Why do fools fall in love? Why isn’t Hillary ahead by 50 points?

As long as the fad and its manifestations are in good fun and don’t endanger anyone, there’s nothing to be concerned about, though Stephen King felt compelled to try to calm the madness:

king-tweet(This is rich coming from King, who created the creepiest clown in literature as the villain of his novel “It.”)

Unfortunately, there are always those whose ethics alarms don’t ring. In Auburn, Massachusetts,  a father who followed his child’s school bus from the bus stop, wearing a scary clown mask. The middle school students in the bus were reportedly terrified. He was charged with disorderly conduct and disturbing the peace. Continue reading →

Ethics Dunce: Libertarian VP Nominee William Weld

/ Jack Marshall / 5 Comments
And by the way, nice hair color, very natural, Bill. I believe it like I believe you're a libertarian.

And by the way, nice hair color…very natural, Bill. I believe it like I believe you’re a libertarian.

The Boston Globe reported that former GOP Massachusetts governor turned Libertarian Party vice presidential nominee William Weld told its reporters that he would be focusing his campaigning against Donald Trump because  he did not want his Libertarian ticket to undermine efforts by Clinton to defeat Trump.  This follows Weld’s earlier statement that  “I’m not sure anybody is more qualified than Hillary Clinton to be president of the United States.”

Has anyone told Bill that the objective of a presidential ticket is to win the Presidency, and that when a party nominates candidates for the two top leadership jobs in the nation, it is supposed to represent an assertion that they are the best people for those jobs? Apparently not.

How about loyalty? Has anyone explained the ethical value of loyalty to Weld? See, that means that when a Presidential nominee asks you to run with him, by accepting his invitation you agree to assert that he should be President, not a candidate he’s running against. If a candidate’s running mate doesn’t unequivocally support him as the best candidate, why should anyone else? If Weld thinks Hillary is the most qualified individual to be President (Nonsense: WELD is more qualified), then he should endorse her and drop off the ticket.  Indeed, many reporters, including Carl Bernstein of Watergate fame, have reported that Weld has considered doing just that. Continue reading →