Attorney General Lynch, Meet The Appearance Of Impropriety! Funny, I Assumed You Were Acquainted…

Clinton Lynch

U.S. Government officers and employees are directed to avoid engaging in conduct  “creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. ” Some of those officers, like those who work in law enforcement and the justice system, shouldn’t require Executive Order 12674 – Principles of Ethical Conduct for Government Officers and Employees to know that the appearance of impropriety, including bias, favoritism, influence peddling and conflicts of interest, is unethical, since judges have a prohibition against creating such appearances in their codes of conduct no matter where their courts are located. They also know that as  professionals charged with making sure the rule of law works equitably and efficiently for all, rich and poor, high and low, the public trust is essential and indispensable. If the public doesn’t trust the fairness, objectivity, competence and wisdom  of those who enforce the law, then the public will not trust the law itself, and the rule of law, and democracy itself, will be threatened.

This is ingrained into every government lawyer’s hide, and so core to the principles of justice professionalism that the news that Attorney General Loretta Lynch met privately with  former President Bill Clinton this week just defies explanation. Supposedly President Clinton walked uninvited from his plane to her government plane, which were both parked on a tarmac at Phoenix Sky Harbor International Airport to chat.

Her only proper and ethical response to Clinton is undebatable:

“I’m sorry, Mr. President, but my Department is in the midst of investigating your wife, and it is crucial that the public does not detect any evidence of collusion or influence occurring, and observes no evidence that would cause it to question in any way the ultimate determination by Justice regarding any possible legal action. You certainly must understand my position…and by the way, since you do understand, what the hell are you doing here? Go! Now!”

She did not say this, however.

She met with him.

Game over.

Appearance of impropriety. Continue reading

KABOOM! The Tale Of The Third-Grader’s Racist Brownie Offense: No, I Don’t Understand This At All

brownies explosion

This story made my head explode, and thus it will be tagged “Kaboom!” Unlike most such Kaboom! posts, however, this one is likely to make my head explode every time I read it. Or think about it. Forever.

On June 16, a third grader made a comment about the brownies being served to his class during an end-of-the-year class party at the William P. Tatem Elementary School in Collingswood, New Jersey.  After another student opined that the remark was “racist,” the school called the Collingswood Police Department.

Okay, stop. I’m puzzled already, and my head exploded again just writing that:

  • How could a comment about brownies be racist? Did the child say, ” As with human beings, the blonde brownies are innately superior to the dark ones”? Somehow, I doubt it.
  • Another third grader pronounced the statement as racist. Not a teacher, now. An eight-year old. How can that trigger anything, in a sane world, but a discussion led by the teacher about what is and isn’t racist, and how people shouldn’t leap to such  inflammatory observations, because it makes human interaction difficult if not impossible?
  • The school called the police department? For what? A threatened brownie massacre? How is this conceivably a police matter? Why did the police come?

“What is the nature of your emergency?” “A third-grader in my class made an inappropriate remark about brownies!” “Calling 911 with prank calls is a crime, ma’am. Don’t do this again.” 

It is per se unethical and irresponsible for any police department to treat such trivia seriously.

All right,slogging on… Continue reading

The Unethical Courtroom Exchange Of The Century!

believe-it-or-not-1024x442

This would have been rejected by “Boston Legal” as too ridiculous.

In a Rome, Georgia court room, as others looked on, Floyd County Superior Court Judge Bryant Durham allowed himself to be provoked by a defiant murder suspect named Denver Allen.

What resulted was a rare (thank goodness) example of a judge lowering himself, his position, the court and the justice system to the level of those with no respect for the law or society. Here is a portion of the transcript:

 

dialogue 1

dialohue 2dialogue 3dialogue 4

 

Stay classy, Judge Durham. Continue reading

California’s High Speed Rail Fiasco

The question posed by the unfolding California high-speed rail cataclysm is why the reaction to it should be a partisan or ideological issue at all. Are human beings capable of managing bias and learning hard truths from new information, or aren’t they?

High speed rail was promoted in California  as a green and virtuous way to propel commuters  from San Francisco to Los Angeles along at 220 miles an hour, completing the trip in a about  two and a half hours. It was going to involve minimal tax-payer cash,  with  billions arriving from private investors. It would be profitable, not requires state subsidies and be much less expensive than flying. Thus enthused and enlightened,  53.7 percent of approved the plan and a $9.95 billion bond.

It was a scam, a hustle, and a pack of lies.  Virginia Postrel writes at Bloomberg…

“California’s high-speed rail project increasingly looks like an expensive social science experiment to test just how long interest groups can keep money flowing to a doomed endeavor before elected officials finally decide to cancel it. What combination of sweet-sounding scenarios, streamlined mockups, ever-changing and mind-numbing technical detail, and audacious spin will keep the dream alive?”

Well said. I would add, “And will anyone learn from this fiasco?” Specifically, will anyone learn that ideologically-driven officials will always press policies in defiance of reality, if the public lets them, or more precisely, trusts them.

The Los Angeles Times published a stunning report on how corrupt this enterprise has been from the start. Here’s sample:
Continue reading

On Climate Change And The First Amendment, Yale’s Law School Dean Gives Us A Reason To Be Very Afraid

I just wrote in a comment thread,

“The one thing that could change my mind to believe that Trump is less dangerous than Clinton is that the trappings of Trump and his followers reek of stupidity, and the trappings of Hillary and her allies are redolent of totalitarianism.”

The effort by Democrats and anti-gun zealots to deliberately breach the Fifth Amendment to allow “pre-crime” anti-gun laws was one example of the Obama/Clinton/Sanders left’s creeping embrace of totalitarian principles.

Here is another.

Over the weekend, Robert Post, the current dean of Yale Law School where both Bill and Hillary learned to be unethical lawyers, authored a shocking 0p-ed for the Washington Post. In it, he attached his influence and credibility to the idea that the government should use the power of prosecution to intimidate opponents of government policy and widely accepted left-wing agenda items. I have never seen such a disgraceful breach of academic prestige. If I were a Yale grad, I would be heavily involved in calling for Post’s resignation.

Post is supporting the attempts by Democratic, climate change policy-supporting attorneys general to target Exxon-Mobil for fraud because the company opposes certain climate change measures. This comes after eco-facists like Robert Kennedy, Jr. and climate change shills like  Bill Nye (The Self-Promoting Not-Really-The-Expert-He- Pretends -To-Be  Science Guy) have suggested that “climate change deniers” should be jailed. That’s not the theory, though. The theory is that Exxon-Mobil has defrauded investors by misleading them about the results of their own research. Thus the company has been hit by demands for documents by the Massachusetts and New York attorneys general to reveal all of that research.

Exxon-Mobil, as well as others, has condemned this effort as an attempt to chill First Amendment debate. Post, who has allied himself with the censors because climate change is “settled science,”  bolsters the political inquisitioners’ deceit. “It may be that after investigation the attorneys general do not find evidence that Exxon-Mobil has committed fraud. I do not prejudge the question. The investigation is now entering its discovery phase, which means it is gathering evidence to determine whether fraud has actually been committed,” the esteemed dean writes.

Cute. Of course, once the precedent had been established that the government can force someone into expensive legal defense for “the fraud” of disagreeing with the pronounced truths of the State, then dissent and political opinion will be repressed, suppressed, and discouraged. Continue reading

Johnny Manziel’s Lawyer’s E-Mail Ethics Disaster

email mistake

In an article last year inspired by increased attention in the legal profession prompted by Hillary Clinton’s epic incompetence handling her e-mail, New York’s Legal Ethics Reporter last year published “Ethical Implications & Best Practices for Use of Email.” It began with a quiz:

Which of the following statements are true?

A. Email is a wonderful tool for the successful practice of law.

B. Email not only saves time and money, but also allows for prompt communication with clients, colleagues, and opposing counsel.

C. Email is overused, often results in incomplete or inaccurate responses to inquiries, and fills up your Inbox with useless information.

D. Careless use of email can subject the sending lawyer to embarrassment, unhappy clients, lost income, breach of the duty of confidentiality, discipline, or claims of malpractice.

E. All of the above.

The correct answer is E— All of the above.

One reason lawyers are, as a group, far less forgiving of Hillary’s nonsense (and lies) is that her conduct, if it involved a client, and not just a relatively minor institution like the U.S. State Department, would constitute a clear violation of  the ethics rules covering competence and confidentiality. (Let’s ignore, for now, the rules requiring honesty and the avoidance of conflicts of interest.). Work- and case-related e-mail must be handled with care, or disasters occur. One of the lawyers for disgraced ex-NFL quarterback Johnny Manziel just provided a lesson in how that can happen, and it is going directly into my next seminar.

Defense attorney Bob Hinton, representing  Manziel  in a hit-and-run case, accidentally sent an Associated Press reporter an e-mail intended for the athlete’s legal team. The misdirection appears to be the result of an auto-address feature that assumed whom Hinton wanted to communicate with based on the first few letters he typed.

In the memo, Hinton expresses exasperation at the extent of Manziel’s dependence on illegal drugs, and reveals that he has a receipt that shows Manziel may have spent more than $1,000 at a drug paraphernalia store just 15 hours after he was involved in the crash. “Heaven help us if one of the conditions is to pee in a bottle,”  the lawyer wrote. This is a problem, since Manziel is seeking a plea deal that almost certainly would require periodic drug tests. Continue reading

Observations On The Redacted Orlando Terrorist’s 911 Call Transcript Fiasco

Lynch white House

Polls show that as citizens consider the horrors of Clinton and Trump, Obama’s approval numbers are going up. This makes sense, of course: competence and virtue are relative. I haven’t seen a poll but it would not surprise me if, after almost 8 years of Obama, Jimmy Carter’s poll numbers have risen too, as well as Herbert Hoover’s and, across the pond, maybe even Neville Chamberlain’s.

Just so we don’t get carried away with nostalgia for an arrogant and incompetent leader as we anticipate his corrupt or unhinged successor, I feel obligated to use Bon Jovi’s “turn back time” device to return to last weekend, when Obama gave us perhaps the most damning evidence yet of how cynical, dishonest, contemptuous and inept his”transparent” leadership has become. Mea culpa: I passed over it last week in my concentration on the mad flare-up of anti-gun hysteria.

As all but the most denial prone Democrats will acknowledge, President Obama has gone to ridiculous and dangerous lengths to avoid formally citing radical Islam as a terror threat, because it requires acknowledging that a large (okay, large enough) component of the Muslim population abroad and maybe here as well wants to kill us. Truth is the enemy to liars, frauds, totalitarians and the deluded: take your pick here. Either way, for Attorney General Loretta Lynch to say of Omar Mateen in a press conference, as she did Tuesday, that “I cannot tell you definitively that we will ever narrow it down to one motivation. People often act out of more than one motivation,” is an insult. This is blatant equivocation. Yes, I’m sure Mateen may have gotten up on the wrong side of the bed, and maybe there were some people among the hundred or so he shot that he didn’t like, but he was a Muslim, his father was an anti-American, pro-Taliban zealot, he had pledged himself to ISIS, he launched a one -man terrorist attack, and his religion persecutes gays. Gee, what could his motive have been? I’m stumped. Are you stumped? Loretta is stumped.

No, Loretta has been told to be officially stumped.

Just two days before her transparently dishonest statement (Maybe this was the kind of transparency Obama promised in 2008?), Lynch toured all five Sunday talking head shows (ABC, Fox, CBS, NBC, CNN) to lie about the transcripts of Orlando terrorist Omar Mateen’s calls. This is known at Ethics Alarms and elsewhere as “doing a Susan Rice.[It’s fun to go back to that 2012 post and read the comments from the denial brigade, like now-self exiled far-left blogger Ampersand, who defended Rice and the administration. “For your statements to make sense,” Barry wrote, “we’d have to believe that US Intelligence had determined with certainty what had happened either while the attack was ongoing or within hours afterward, neither of which is true.” We now know both are true. Thus Hillary told her daughter shortly after the attack that it was an organized terrorist plan. Later, with the election in mind, the YouTube video cover-story was concocted, and Rice was dispatched to spread it.]

President Obama wanted to make the Orlando massacre about gun control rather than Islamic terrorism. His post attack speech did not mention ISIS or Islamic terrorism at all, but quickly pivoted into exploiting the tragedy to call for gun controls, knowing that his lap-dog, gun-hating allies in the mainstream media would let him get away with it. There was a problem, however: Mateen’s phone calls made it clear to anyone paying attention that this was an ISIS-related terrorist attack (not just an “act of terror”—the same equivocation used after Benghazi.)

Here were the redactions:

Mateen: “I pledge of allegiance to [omitted]. “I pledge allegiance to [omitted] may God protect him [in Arabic], on behalf of [omitted].”

The dumbest Wheel of Fortune contestant in the world could fill in those blanks, especially after many of the news reports.

Nevertheless, our Attorney General was willing to humiliate herself trying to justify the withholding of facts from the public, saying on ABC’s “This Week”: “What we’re not going to do is further proclaim this man’s pledges of allegiance to terrorist groups, and further his propaganda.” How lame is THAT? Not as lame as the excuse she gave the same day on CNN’s State of the Union,  where Lynch said:“The reason why we’re going to limit these transcripts is to avoid re-victimizing those people that went through this horror.” What? I’m sure that blatantly censoring information that the public has a right to know will make the victims’ families feel much better. How do the facts that our government thinks the public is made up of gullible idiots, that the President is in denial over Islamic terrorism, that the Attorney General is willing to lie repeatedly on national television and act as a political tool, and that the administration is as transparent as slate make the victims’ families feel? It sure scares the hell out of me.

Occasionally the news media declares, as a friend of mine is fond of saying, “There is some shit I won’t eat,” or at least eat and say “Yum-yum!,” so the censorship of the obvious was roundly mocked and condemned by both the media and Republican leadership. (Oddly, no Democrats stood up for transparency. Democrats: please explain, and explain why this is fine with you.)

So the Obama Administration and the Justice Department caved the next day,  and released a full, uncensored transcript of tMateen’s 911 call on the night of the massacre, and referred to the controversy over omissions in the document “an unnecessary distraction.” (And whose fault was that?)

Omar Mateen made the 50-second 911 call in which he claimed responsibility for the terror attack and pledged allegiance to the Islamic State’s leader at 2:35 a.m., about  a half hour into the June 12 murder spree. Now, with the blanks filled in, the transcript read…

“I pledge allegiance to Abu Bakr al-Baghdadi may God protect him [in Arabic], on behalf of the Islamic State.”

Continue reading

It’s Time To Fire And Discipline Marilyn Mosby

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” Continue reading

Ethics Hero: George Will

Republican no more...

Republican no more…

Principled, thoughtful, erudite, serious and informed conservative pundit George Will has announced that he has officially left the Republican Party, changing his status in Maryland, where he resides, to unaffiliated.  He urged conservatives not to support presumptive GOP nominee Donald Trump even if it leads to a Democratic victory in the 2016 presidential election.

“Make sure he loses. Grit their teeth for four years and win the White House,” Will said during an interview after his a Federalist Society speech in which he said, “This is not my party.”

I have read Will for as long as he has written, and heard him speak twice. This has to be hard for him, but it also is the only decision for someone who cares about and understands language, law, values, leadership, history, U.S. culture and the duties of citizenship. He is modelling integrity, as clearly as Paul Ryan, for example, is not.

This is what integrity looks like. Though Will does not profess to have any hope that the GOP will have the courage or determination to reject Trump at this point, his announcement still increases the pressure on the party to do so.

____________________

Pointer: Fred

 

 

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

Might be time for a new motto, Colby. On the other hand...

Might be time for a new motto, Colby. On the other hand…

Wait…you say that more than a hundred campuses have this or the equivalent?

Oh-oh.

I am scheduled to teach a legal ethics class in the avoidance of bias in the practice of law next year, and I’m already worried. Past engagements of mine on this topic have been popular with attendees, but not always appreciated by my clients. The bar associations that make such training mandatory usually want to get someone to drone on about how lawyers should love Big Politically Correct Brother and search their souls for any germ of an attitude that would make Chris Matthews say they are racist, or the President of NARAL say they are sexist, or a Black Lives Matter activist call them privileged.  In other words, these are often devised as political indoctrination courses, using “bias” as code for “non-conforming thoughts according to progressive orthodoxy.”

I can’t and won’t teach that, because it’s as wrong as it is boring. Bias includes all ideas wedged in our minds that overcome reason and prevent just, even-handed, logical and fair decision-making. Bias makes us stupid, and for lawyers, the kind of bias I’m talking about undermines justice. Ironically, what most proponents of anti-bias courses want to do is instill biases that they and their partisan allies approve of. Once that is done, the Orwellian process is complete. “Bias” then means “not accepting our biases, which aren’t biases because we believe them, and we are good.”  The rationalization involved is 14. Self-validating Virtue.

The news and ethics issues are reaching one of those crisis points for me where everything seems to be connected to everything else, and I am torn whether to write one huge, conceptual post (the ones most readers skip) or a series of single episode posts. Facebook, a topic on its own, is revealing most of my friends whom I would identify as Democrats or progressives as in the grip of a crippling cognitive bias-based malady. Why did they think it was just wonderful for so many elected officials to deliberately ignore the core Constitutional principle of due process? Why did they reflexively attack the British vote to leave the European Union as “racist” or “xenophobic” rather than recognize it as a principled reassertion of their nation’s autonomy and democratic principles? How did freedom of speech, freedom of thought, true civil rights, and democracy itself become so alien to so many supposedly intelligent and self-proclaimed liberal adults?

Don’t worry, I’m coming back to Colby. It really does come down to bad and anti-American education poisoning the culture. In an excellent though disturbing essay on the Ethics And Public Policy website, Stanley Kurtz persuasively argues that U.S. education itself has turned against liberty, resulting in an increasing majority of citizens who do not believe or accept the virtues of core American ideals.

The incident that brought my attention to the Colby Bias Incident Log, which, at Colby and elsewhere, sends a Bias Response Team into investigation mode, was one in which a student was reported for allegedly using the idiom “on the other hand.”

No, this is not a hoax. It is not a joke. And what the fact that I am writing this suggests is far from funny. It is tragic. Continue reading