Ethics Alarms Award Nominee

An Invitation To Be An Unethical Lawyer…

/ Jack Marshall / 7 Comments

Just as I was preparing yesterday for today’s 3-hour legal ethics CLE seminar (which, coincidentally, contained a section about the unsettled status of lawyers using artificial intelligence for legal research, writing and other tasks in the practice of law), I received this unsolicited promotion in my email:

Let’s see: how many ways does this offer a lawyer the opportunity to violate the ethics rules? Unless a lawyer thoroughly understands how such AI creatures work—and a lawyer relying on them must—it is incompetent to “try” them on any actual cases. Without considerable testing and research, no lawyer could possibly know whether this thing is trustworthy. The lawyer needs to get informed consent from any client whose matters are being touched by “CoCounsel,” and no client is equipped to give such consent. If it were used on an actual case, there are questions of whether the lawyer would be aiding the unauthorized practice of law. How would the bot’s work be billed? How would a lawyer know that client confidences wouldn’t be promptly added to CoCounsel’s data base?

Entrusting an artificial intelligence-imbued assistant introduced this way with the matters of actual clients is like handing over case files to someone who just walked off the street claiming, “I’m a legal whiz!” without evidence of a legal education, a degree, or work experience.

On the plus side, the invitation was a great way to introduce my section today about the legal ethics perils of artificial intelligence technology.

Encore: “Regarding ‘Athlete A’….”

/ Jack Marshall / 5 Comments

[I watched “Athlete A,” the infuriating Netflix documentary for the second time, and completely forgot that I had written about it here when it first came out. (I’m sure glad I checked.) It is gratifying, I guess that most of what I was prepared to write today was what I wrote in 2020. I was not, however, emphatic enough about the implications of the multi-level failures of ethics decency, responsibility and accountability that allowed this disaster to occur. For in addition to Larry Nassar, the sick, manipulative doctor who used his position to sexually molest hundreds of young girls for more than 20 years, this mass crime was inflicted by stunning corruption and cruelty by key officials in the U.S. Olympic Committee, gymnastic coaches, Michigan State officials (where Nassar worked when he wasn’t sexual assaulting female gymnasts) and—is this even shocking any more?—the FBI. Then there are the parents of the gymnasts, who shipped their daughters off to be cared for by strangers who often abused them.

I suppose this story bothered me more this week than it did in 2020 because we have finally learned the truth about the Russian collusion hoax, the multi-level failure of integrity and trust that marred the 2020 election, and the horrific betrayal by so many institutions that inflicted the pandemic lockdown on us with the incursion on basic liberties that it involved, the discovery that schools are secretly pushing their students into life-altering gender confusion, while Big Tech and social media platforms conspire with the government to censor speech. I confess that I am less inclined to look at the Larry Nassar scandal as an anomaly today than three years ago. Now I am thinking: if we can’t trust our institutions to have sufficient ethics alarms that their leaders and key personnel choose the health and welfare of young girls over power, profit and selfish personal agendas, how can we trust them at all?]

Athlete A,” the Netflix documentary that tells the awful story of USA Gymnastics doctor Larry Nassar’s decades of sexually abusing young female gymnasts—perhaps as many as 500 of them—, how he was allowed to continue his crimes after complaints from parents and others, and the young women who finally sent him to prison with their testimony, is both disturbing and depressing. I watched it last night with my wife, who was horrified that she didn’t know the Nassar story.

Ethics Alarms wasn’t as much help as it should have been. Its first full post about the scandal was this one, which, in grand Ethics Alarms tradition, slammed the ethics of the judge who sentenced Nassar to 60 years in prison, essentially a “Stop making me defend Dr. Nassar!” post. I’ll stand by that post forever, but it didn’t help readers who are link averse to know the full extent of Nassar’s hobby of plunging his fingers and hands into the vaginas and anuses of trusting young girls while telling them that it was “therapy.”

The second full post, in August of last year,  was more informative regarding Nassar, but again, it was about the aftermath of his crimes, not the crimes themselves. That post  focused on the the Senate hearings following the July 30 release of the report of an 18-month Senate investigation  that found that the U.S. Olympic Committee and others failed to protect young female athletes from Nassar’s probing hands, detailing “widespread failure by the U.S. Olympic and Paralympic Committee (the “Committee”) and other institutions to keep athletes safe.”  Then there was this: Continue reading →

The NYT Provides A Preview Of Its 2024 Campaign Toadying Strategy, Part 2: The Return Of Levitsky and Ziblatt

/ Jack Marshall / 5 Comments

One of the most referenced tropes among the Big Lies used by the “resistance”/Democratic Party/mainstream media alliance to de-legitimize Donald Trump’s Presidency was that he was uniquely willing to discard tradition, established practice, and “democratic norms.” The alleged authorities appealed to by such Trump-bashers as the Times and the Atlantic were Harvard political science professors Steven Levitsky and Daniel Ziblatt, who wrote a pure partisan screed masquerading as scholarship called “How Democracies Die.”Ethics Alarms discussed it and them here, here, here and here (Big Lie #6). In the last I wrote,

The exact conduct being engaged in by the “resistance” and the Democrats is projected on their adversaries, accompanied by the false claim that they are endangering American democracy. In truth, the calculated efforts to de-legitimatize the President, his election, and the Supreme Court by “the resistance”(and in this group we must include unethical academics like Levitsky and Ziblatt) has already harmed our institutions and the viability of democracy, perhaps beyond repair. For these two propagandists to make the absurd argument that it is [Trump] who undermines institutions and his party that “plays dirty” when it is so obvious to any honest and objective observer that it is their party and their political allies who are doing so is as insulting as it is infuriating.

And, of course, the New York Times gives the two a platform for their distortions. Of course.

Well, Biden’s in trouble, so the Times has summoned Levitsky and Ziblatt again to make the same untenable and intellectually dishonest argument. This time it is, if anything, more spectacularly hypocritical and insulting than their earlier efforts. Their latest is headlined, “Democracy’s Assassins Always Have Accomplices”—you know, like Levitsky and Ziblatt?—and illustrated by the drawing of the boot-licking dog above, as the two Harvard professors dutifully try to paint Joe Biden as democracy’s champion…this uniting figure!…

and Donald Trump as an existential threat to liberty who is being blandly supported by those dangerous fascist MAGA Republicans. In advocacy, one should always lead with one’s strongest argument, and the two partisan boot-lickers think this is their most persuasive:

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The NYT Provides A Preview Of Its 2024 Campaign Toadying Strategy, Part I: Gaslight! [Expanded]

/ Jack Marshall / 5 Comments

This is nice of them.

Today’s Sunday Times “Review” section, the punditry and analysis collection that once provided diverse political views and included unexpected perspective on modern life (but who cares about diversity and inclusion these days, right?) has two head-explodingly dishonest and diabolically-biased pieces that demonstrate how the paper will do its utmost to boost the Democrats back into the White House for another four years despite their epic incompetence and defiance of Constitutional government during the first three.

The first is epic gaslighting by Times editors and alleged conservative (diversity!) Ross Douthat. Like all conservative columnists that the Times subjects to its Stockholm Syndrome process, Douthat isn’t one anymore, just as the magazine he once edited, The Atlantic, has become a reliable Democratic propaganda mouthpiece (like the Times). He’s religious, believes in the importance of organized religion and opposes abortion, so he makes an effective double agent for the Gray Lady. He has contributed a subversive pro-Biden column with the hilarious headline, “Why is Joe Biden So Unpopular?” It’s a mystery! What could it be?

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A Rationalization #22 Mitigation Of U.S. Progressive Racial Spoils: Canada Is Even Worse

/ Jack Marshall / 8 Comments

Rationalization #22, in my view the worst of the over 100 rationalizations on the list, is called “The Comparative Virtue Excuse,” or “It’s not the worst thing.” I immediately thought of it when I read the head-exploding account of how a father escaped jail time in Canada for incest that resulted in the birth of a disabled child who has been placed in foster care. The father admitted that he had regularly had sexual relations with his daughter since she was 19 or 20. Incest is typically punishable with a jail sentence of at least two years and as high as 14 years, but a majority of the Nova Scotia Court of Appeal decided last month that the father shouldn’t have to spend any time in jail at all, just two years of house arrest, with a monitor. That’s nice. He can even continue his loving relationship with his daughter under those rules.

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On The Washington Post, Its Readers, Its “Fact Checker,” And Spinning For Joe Biden

/ Jack Marshall / 6 Comments

“If you can’t hide it, decorate it!” the maxim goes. Thus it is that someone in the ethics-free “resistance”/ Democrat/mainstream media alliance (“The Axis of Unethical Conduct” we call it in in these parts) decided that President Biden’s problem with the truth—he ignores, distorts, and denies it regularly—must be dealt with, since part of the strategy to defeat Donald Trump is to emphasize his “falsehoods” and “lies.” So a directive went out to the Washington Post’s “Factchecker,” Glenn Kessler: “Hey, Glenn, do one of your cool columns, the ones with the Pinnochio-head ratings system, about Joe’s fabulism, but make sure you’re careful which whoppers you mention, and make sure you don’t call them ‘lies.’ Trump lies. Joe…well, you know, he just does what he does, but it’s no big deal, in fact it’s kind of endearing.” And whoever it was—heck, it might have been Dr. Jill, Chuck Schumer or Merrick Garland!—added, “And besides, it will be good for you, too! It will prove that you’re objective, fair and non-partisan!”

The Post dutifully agreed, because it is not objective, fair, or non-partisan. Neither is Kessler, whom I have tried mightily over the years to regard as a man who tries to do his job ethically, but because bis biases make him stupid, can’t quite manage it. Ethics Alarms officially recants that sympathetic assessment. Yesterday’s Post feature by Kessler headlined “Biden loves to retell certain stories. Some aren’t credible” clinches it. Kessler is a disgusting hack with no shame or integrity, and the Washington Post is a full-time agent of the Democratic Party and an enemy of democracy.

As for its readers…well, I’ll get to them.

“President Biden, like many politicians, likes to tell stories — stories that attempt to connect his life story with his audiences and make up an essential part of his persona,” Kessler begins. He uses a “everybody does it” approach right away, mitigating Biden’s serial lies and sliding over the fact that lies from the president of the United States are not in the same category as lies by “everyone.” “The Fact Checker” also defines Biden’s lies out of existence by labeling them “stories.” Stories are entertaining! Stories are fun! Stories aren’t lies. See, when Donald Trump said that he saw Muslims in the U.S. celebrating after the 9-11 bombings—it was on TV someplace—that wasn’t a story, that was a lie. When he described how he vehemently opposed the Iraq invasion from the very beginning (in fact, he initially said he agreed with it), that was a lie too. But when Joe says that he never, ever, ever discussed his slime-ball son Hunter’s business dealings with him that’s just a story. When Joe says that U.S. citizens weren’t allowed to own cannons in the 18th Century (which he does almost every time he talks about gun control), that’s just a story too, a charming, completely made-up story, like George Washington and the cherry tree. Stating that he attended a “historically black college” while addressing an African American audience? A harmless story! Saying that Beau was killed in Iraq? A comforting story from a grieving father. Understand?

Yeah, I understand, all too well.

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Ethics Hero (And Most Ethical Use Of “Asshole” of 2023): Gold Star Father Mark Schmitz

/ Jack Marshall / 9 Comments

Mark Schmitz, a Gold Star father, testified before the House Foreign Affairs Committee yesterday regarding the deadly suicide bombing in August 2021 that left 13 U.S. servicemembers dead, including Mr. Schmitz’s son, Marine Corps Lance Cpl. Jared Schmitz. The cruel, irresponsible and incompetent American withdrawal from Afghanistan and its aftermath ordered by President Biden has been largely forgotten by most American voters, since they have the attention span of ADD kittens. Perhaps Schmitz’s no-hold-barred attack on Biden’s conduct in this episode will remind them.

What am I talking about? The mainstream news media will make sure as few of the kittens see his testimony as possible, and there’s still more than a year for them to forget again.

His full statement:

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“Gotcha!” Of “Gotcha’s!” The Washington Post Admits That It “Stands By” False Reporting!

/ Jack Marshall / 3 Comments

Good to know. Thanks, WaPo!

In one of the Jonathan Turley essays discussed here, the increasingly red pilled GW law prof appropriately scored the Washington Post’s partisan hack of hacks, Philip Bump, whose consistently unethical reporting jaunts would be a blight on responsible journalism if responsible journalism was around any more to be blighted. A burst of exorbitant loyalty that the Post will rue moved the paper to rise to Bump’s defense with the ill-advised message to Turley you see above.

I bet Turley was laughing out loud as he loosened his fingers to type a follow-up article for his blog. The Post had handed him one of the great “gotcha‘s!” in “Nah, there’s no mainstream media bias!” history. By saying that it “stood behind” the reporting of their partisan stooge, the Post had endorsed now indisputable examples of biased, partisan, incompetent, irresponsible and dishonest reporting. Turley could now use the full range of his legal talents to prepare a crushing brief to show, not only the depth of Bump’s corruption, but that of the Post’s as well!

And use it them he did.

Washington Post Stands by Philip Bump’s Claims on Lafayette Park, the Hunter Biden Laptop, and Other Controversial Claims is Turley’s gleeful headline. It deserved an exclamation point. The professor reviews Bump’s despicable work on the Lafayette Park kerfuffle, The Hunter Biden Laptop cover-up, the FBI’s Spying on the Trump Campaign, and the Russian Collusion hoax.

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‘….Then They Came For Robert E. Lee’s Horse, And I Did Not Speak Out…’

/ Jack Marshall / 20 Comments

Earlier this month, Washington and Lee University, as part of its contrived efforts to keep using the names of two American icons who also were slaveholders while continuing to grovel to the political correctness mob, removed markers erected in memory of Robert E. Lee’s famous horse, Traveller. The steed’s gravestone was removed (he’s buried on the campus), and a commemorative plaque came down as well.

Traveller carried Lee during the Civil War and later, when the ex-general became president of the then-Washington College from 1865 until his death in 1871. Traveller died a few months after his owner. But newly uncovered documents revealed that Traveller was a virulent racist, and worse, kept a stable of enslaved Shetland ponies on the Washington and Lee campus.

Okay, I was kidding about that last part.

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From The Res Ipsa Loquitur Files: A French Town’s Solution To Excessive Speeding In An Intersection

/ Jack Marshall / 6 Comments

The town is Bauné, near Angers, home to 1,700 people. But because of its location at the crossroads between two departmental roads, roughly 2,300 cars pass through Bauné and reach speeds of over 60 mph even though the town’s signs at the intersection demand far lower velocity. So in order to get drivers to slow down, some genius had the brainstorm of using the intentionally confounding road markings above, and local authorities agreed to adopt the strategy.

Confused drivers are slowing down, all right. Other effective solutions would have been having blinding strobe lights flashing at drivers or insult-spewing mimes throwing water balloons at windshields.

Here’s an aerial view of the mess: