Ethics Dunces

Ethics Quiz: Rep. Fine’s “Islamaphobic” Quote

/ Jack Marshall / 34 Comments

Oh, I find this fascinating, especially in light of the previous post.

Nerdeen Kiswani, a Palestinian Muslim New Yorker and activist, said in a social media post that dog poop littered snowdrifts in the city proved that dogs should have no place in society as indoor pets because, she wrote, “like we’ve said all along, they are unclean.”

Responding to this obnoxious assertion of foreign values and priorities over American ones, Representative Randy Fine (R-Fla.) replied, “If they force us to choose, the choice between dogs and Muslims is not a difficult one.”

Naturally the Mad Left exploded with horror and indignation, with the usual calls for the insensitive Republican’s resignation and worse. But the truth is, if we are being honest about our own culture and priorities, if every Muslim in the United States joined in a mass ultimatum stating, “This is non-negotiable. Either the United States gives up its dogs as house pets, or we’re leaving!” the overwhelming majority of Americans—including me—would say, “Gee, that’s a shame. Well, bye! Good luck in your future endeavors!”

The Ethics Alarms Ethics Quiz of the Day is…

Was it unethical for Rep. Fine to say what he did?

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Rep. Ro Khanna (D-Cal.) Locks Up “Incompetent Elected Official of the Month” AND Chases the Leaders in the Super-Competitive 2026 “Unethical Asshole of the Year” Race!

/ Jack Marshall / 7 Comments

This is so exciting!

Also depressing, of course. I believe it is fair to conclude that the U.S. Congress has never had so many unqualified, intellectually inferior, obnoxious, ethics-free jackasses staining its halls and reputation at the same time. True, it is difficult to assess the quality of our elected officials prior to, say, World War II, but my conclusion is based on the belief that if the U.S. ever had a government more dominated by knaves, villains and fools, we wouldn’t have lasted this long.

Even with such daunting competition (Marjory Taylor Green, “The Squad,” Rep. Raskin, Rep. Boebert, Senator Senator Hirono, et al.) Khanna managed to stand out yesterday. No only did he state on the floor of the House and on public media that four men were sex criminals when they were not, he followed up his indefensible gaffe by refusing to apologize and instead stooping to “Whataboutism,” Rationalization #2, the Democratic Party’s favorite after #22, “It’s not the worst thing.” Here is #2, if you haven’t reviewed the Rationalization List lately:

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Ethics Dunce (Again): Georgetown University Law Center…and May I Add: KABOOM!

/ Jack Marshall / 3 Comments

From Ethics Alarms, December 10, 2023…

Late yesterday,the president of the University of Pennsylvania, Elizabeth Magill, resigned, and the school’s chairman of the board followed with his own resignation a couple of hours later. Magill was one of three elite college presidents who embarrassed themselves and their employers with offensive, legalistic answers to pointed questions from Representative Elise Stefanik (R-NY) regarding their school’s tolerance of anti-Semitism on their campus in the wake of the October Hamas terrorist attack on Israel, and their weak responses to demonstrations on their campuses that could fairly be called threatening to Jewish students.

UPenn’s situation became critical when alumnus Ross Stevens announced that he was withdrawing a gift worth around $100 million. That would be a significant loss even for Harvard, whose endowment exceeds the treasuries of many nations. The resignation immediately focused attention on Claudine Gay, Harvard’s president of just a couple of months, whose responses to Stefanik’s withering cross-examination in the Congressional hearing were extremely similar to Magill’s. The resignation of all three women was called for in an unusual letter signed by 72 members of Congress, many of them Democrats.

I just received this message as a Georgetown University Law Center alumnus:

Dear Georgetown Law Alumni,

It gives me great pleasure to share with you that M. Elizabeth (Liz) Magill has been appointed as the next Executive Vice President and Dean of Georgetown University Law Center, beginning August 1, 2026. President Robert M. Groves’ announcement is linked here.

Professor Magill brings to Georgetown Law a wealth of experience leading some of our nation’s most prestigious universities and law schools, including serving as President of the University of Pennsylvania, Executive Vice President and Provost of the University of Virginia, and Dean of Stanford Law School. I am pleased to share that, in addition to her role as Executive Vice President and Dean, Professor Magill will join the Law Center as a tenured member of the faculty. And her Georgetown roots run deep—her father and three of her siblings are Georgetown graduates.

Professor Magill is a graduate of Yale University and the University of Virginia School of Law, where she was articles development editor of the Virginia Law Review. Following law school, she clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg. She is an award-winning scholar of administrative and constitutional law whose research focuses on topics such as the separation of powers, standing, regulation, and judicial review. She is an elected fellow of the American Academy of Arts and Sciences and member of the American Law Institute.

This is a critical time for the Law Center and the University. I am confident that Professor Magill is the right person to lead the Law Center into a new era marked by academic excellence, financial resilience, and national prominence. There will be many opportunities over the next several months for you to meet Professor Magill. In the meantime, please join me in welcoming her to Georgetown University and to the Law Center. 

Sincerely,

Joshua C. Teitelbaum
Interim Dean & Executive Vice President
David Belding Professor of Law

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Ethics Observations On Atty. Gen. Bondi’s Appearance Before The House Judiciary Committee

/ Jack Marshall / 8 Comments

I will stipulate here that Bondi is unethical, unprofessional, incompetent, and a hack attorney who was arguably the worst of Trump’s Cabinet appointments once Matt Gaetz withdrew. Nothing that occurred at today’s embarrassing (to everyone, including me) hearing altered any of that. Furthermore:

1. Being rude and confrontational to members of Congress is demeaning to our government, however much our terrible elected representatives deserve it. Bondi’s boss might enjoy a “fiery” hearing, but it is disgraceful and unnecessary. Being cool under fire is what Americans should expect from their top lawyer. If Democrats like Rep. Jayapal and Rep. Raskin want to act like hyper-partisan assholes as they so frequently do, the best way to expose them is by contrast.

2. Nah, there’s no mainstream media bias! CNN actually had the gall to write, “It seemed Bondi was playing to the “audience of one” — Trump. But that came potentially at the expense of appealing to an American public that really does want answers.” If the public “wants answers,” it is incumbent on Congress to run hearings that are substantive and involve genuine matters of concern, rather than throttle a contrived scandal that was supposed to embarrass President Trump but that has behaved more like a boomerang. The Democrats on the committee seemed to only be interested in “gotcha!” questions, attacking the President, and deflecting from their own President’s absolute inertia on the same matter they were criticizing Bondi for her lack of zeal regarding. Had the committee members delivered a fair and professional inquiry, or even attempted to hold one, CNN blaming Bondi for failing to sufficiently enlighten the public would be valid. But they didn’t, and it isn’t. The CNN commentary once again just proved again that the news media is interested in partisan advocacy above all else.

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Ethics Dunce and Unethical Quote of the Week: John Kasich

/ Jack Marshall / 9 Comments

I confess: there was a time when I considered supporting John Kasich to be the 2016 GOP nominee for President (anyone but Trump…well, okay, and Dr. Ben Carson). Then I started listening to him. After he wiped out in the primaries, Kasich became a committed NeverTrump fanatic like the revolting Lincoln Project scamsters, left politics after being a wishy-washy Governor of Ohio, and then began being an anti-Trump “contributor” on Fox News, then CNN, NBC and MSNBC (the tell: he’s a liar) during the first Trump administration.

Kasich enthusiasticly supported Joe Biden in 2020, saying, in an endorsement that has aged as well as Walter Donovan in “Indiana Jones and the Last Crusade”..

….“I’m sure there are Republicans and independents who couldn’t imagine crossing over to support a Democrat. They fear Joe may turn sharp left and leave them behind. I don’t believe that because I know the measure of the man. It’s reasonable, faithful, respectful.”

The tell: Kasich is an idiot.

This diagnosis was proven spectacularly correct when Kasich tweeted, following the NFL’s cynical Bad Bunny halftime show:

“Love the halftime show which celebrates the wonderful Latino culture. Great pick and great show. Bad Bunny hit a grand slam home run!”

Apparently the ” wonderful Latino culture” is celebrated with lyrics like these…

…which Kasich either sat there getting aroused by because he’s a dirty old man, or had no freaking idea what Latinos were hearing. I tend to think that he didn’t even watch the half-time show but defended it anyway because Kasich hates Trump to pieces, so he has done so often in the past decade, Kasich proceeded to make a fool of himself.

There are some admirable aspects to Hispanic culture indeed, like devotion to family, entrepreneurism,a strong work ethics and religious faith, but twerking and a crotch obsession arenot among them. Kasich praised Bud Bunny because Trump Derangement has eaten his brain, such as it was.

Oh…and the tweet also proves Kasich is a dork. Who but a dork uses a baseball term to describe a Super Bowl half-time show?

Gee, Who Could Have Ever Predicted That Marijuana Use Would Become a Problem? Me, For One…

/ Jack Marshall / 10 Comments

I really try not to get emotional over ethics stories, but the current Editorial Board declaration in the New York Times headlined, “It’s Time for America to Admit That It Has a Marijuana Problem” makes me want to run screaming naked into Route 395.

The U.S. had a marijuana problem a half century ago, when an earlier wave of The Great Stupid washed over the land and all manner of important lessons a healthy and functioning society needed to remember and institutionalize were deliberately tossed away because a lot of passionate, anti-establishment assholes were sure that they knew better than anyone “over 30.” I fought this destructive development from college, when I watched one of my room mates suffer short term memory loss from getting stoned morning and night; in law school, when the student running my lightboard for a production of “Iolanthe” erased all the light cues that we had taken six hours to set up because he was higher than the moons of Jupiter, all the way onto this blog. I put up with the mockery of classmates and dorm mates over the fact that I would not “try” pot (“It’s illegal” wasn’t a winning argument, so I settled on “It’s stupid and destructive.”). I drew a line in the sand with my addiction-prone wife, a former pot-head who was already an alcoholic. My fellow lawyers quickly learned not to get stoned around me because they knew I regarded buying and selling pot when it was illegal grounds for reporting them to bar authorities and respected my integrity enough to have reasonable doubts that I might not pretend that I didn’t know what I knew.

I carried the battle onto Ethics Alarms as the relentless pro-stoner propaganda was heading to victory, resulting in the legalization of the drug, the inevitable result of which the assholes who edit the New York Times have the gall now to tell us “Oopsie!” about after being a significant part of the mob mentality that inflicted it on the public, probably forever.

Back in 2011, I drafted a post that I never finished titled, “To My Friends the Pot-Heads: I Know. I’ve Heard It All Before.” It began:

“I take a deep breath every time I feel it necessary to wade into the morass of the Big Ethical Controversies, because I know it invites long and fruitless debates with entrenched culture warriors with agendas, ossified opinions, and contempt for anyone who disagrees with them. War, abortion, religion, prostitution, drugs, torture, gay marriage…there are a lot of them, and all are marked by a large mass of people who have decided that they are right about the issue, and anyone disagreeing with them is stupid, evil, biased, or all three. Contrary to what a goodly proportion of commenters here will write whichever position I take, I approach all of these issues and others exactly the same way. I look at the differing opinions on the matter from respectable sources, examine the research, if it is relevant, examine lessons of history and the signals from American culture, consider personal experience if any, and apply various ethical systems to an analysis. No ethical system works equally well on all problems, and while I generally dislike absolutist reasoning and prefer a utilitarian approach, sometimes this will vary according to a hierarchy of ethical priorities as I understand and align them. Am I always right? Of course not. In many of these issues, there is no right, or right is so unsatisfactory—due to the unpleasant encroachment of reality— that I understand and respect the refusal of some to accept it. There are some of these mega-issues where I am particularly confident of my position, usually because I have never heard a persuasive argument on the other side that wasn’t built on rationalizations or abstract principles divorced from real world considerations. My conviction that same-sex marriage should be a basic human right is in this category. So is my opposition, on ethical grounds, for legalizing recreational drugs.”

Instead of finishing and posting that essay, I posted this one, which used as a departure point a Sunday ABC News “Great Debate” on hot-point issues of the period featuring conservatives Rep. Paul Ryan and columnist George Will against Democratic and gay Congressman Barney Frank and Clinton’s former communist Labor Secretary Robert Reich. [Looking back, it is interesting how all four of these men went on to show their dearth of character and integrity. Ryan proved to be a spineless weenie, rising to Speaker of the House but never having the guts to fight for the conservative principles he supposedly championed. Frank never accepted responsibility for the 2008 crash his insistence on loosening mortgage lending practices helped seed, preferring to blame Bush because he knew the biased news media would back him up. Will disgraced himself by abandoning the principles he built his career on in order to register his disgust that a vulgarian like Donald Trump would dare to become President. Reich was already a far left demagogue, so at least his later conduct wasn’t a departure. I wrote in part,

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Catching Up With “The Lincoln Lawyer” Part 1

/ Jack Marshall / 14 Comments

Netflix’s “The Lincoln Lawyer” series has dropped its fourth season. This gave me an excuse to revisit the first three seasons of the legal show, based on the Matthew McConaughey film, itself based on Michael Connelly novels, about sketchy a Los Angeles criminal defense attorney whose office usthe backseat of a chauffeur-driven Lincoln town car. The series—it’s Netflix after all—has DEI’ed the movie, with Micky Haller, the central character, being transformed into a Mexican-American who speaks Spanish frequently (though not as often as Bad Bunny) and is played by Manuel Garcia-Rulfo, a Mexican actor who only plays Hispanic roles when he appears in U.S. movies and TV shows. He was, for example, the gratuitous Hispanic father in the ostentatiously “diverse” “Jurassic World” franchise addition last year (the worst of them all, in my opinion). That is not to say he isn’t an appealing, intelligent, entertaining leading man in “The Lincoln Lawyer.”

The show makes a point of highlighting legal ethics dilemmas, as Mickey habitually tightropes along ethical lines to zealously represent his clients. A fellow legal ethicist thinks the show is unusually good in this realm. I’m not quite so enthusiastic. I will examine some of the legal ethics dilemmas that surfaced in the first two seasons over the next couple days.

Today’s featured problem:

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Ethics Observations on the President’s Response to His Obamas-As-Apes Post

/ Jack Marshall / 4 Comments

 REPORTER: “Mr. President, you frequently criticize Joe Biden for not knowing what is going on in his name. This racist video that was posted is on your social media.”

 PRESIDENT TRUMP: “I know what’s going on a hell of a lot better than you do! You don’t know what’s going on! I know what’s going on.  No, Joe Biden didn’t have a clue, but we know everything. And when you look at what’s happening with our economy, think of it, we’re way years ahead of schedule. We have thousands and thousands of businesses being built right now, so Joe Biden had no clue. If Joe Biden were elected or if Kamala were elected, we wouldn’t have country right now. We won the election because of minority voters.”

 REPORTER: “Does this post maybe hurt Republicans with, you know, Black voters after the…”

  PRESIDENT TRUMP: “You know, I was, look, we did criminal justice reform. I did the historically Black colleges and universities. I got them funded. Nobody has been, and that’s why I got a tremendous, the highest vote with male Black voters that they’ve seen in many, many decades. I’ve done great with them. Black voters have been great to me. I’ve been great them. Black voters has been great me. I’ve been great to them.  And I am, by the way, the least racist president you’ve had in a long time, as far as I’m concerned. We have — I’ve had a great relationship. Think of what I’ve done. Criminal justice reform. Nobody else could do it. Obama couldn’t do it, nobody could do. Clinton couldn’t. They actually went the other way. They went into a very bad thing for African American people, Black people. They went to a — they did very bad things. I did very good things. But criminal justice reform, and then I funded the universities, which nobody else was willing to do. They were going every year, they’d come back to Washington and they’d be begging for money, begging. I got to be friendly with some of the heads of the schools and they would come back and they would literally tell me they’re forcing us to beg. I’m the one that got them long-term financing and more than they were looking for.  So there’s nobody that’s done more. And I think maybe more than anything else was criminal justice reform. They’ve been trying to get it for years. And I’m the one that got it done, so nobody can tell me about that.”

 “That somebody posts, the staffer posts, you know, posts. And I knew it was all about, if you take a look at that, and see the whole thing, it was a small section at the very end. But that was about fraudulent elections, which we have, a lot of them. We’re gonna get it stopped. And I liked the beginning, I saw it, and just passed it on.”

Observations:

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Ethics MEGA-Dunce: President Trump

/ Jack Marshall / 20 Comments

As I noted in the previous post, President Trump had an epically unethical week, even for him. I found out about the latest horror on Facebook and “X”, from the post above by my friend Mary Milben, who proved her integrity and courage. Mary, you see, is MAGA’s official songbird. a brilliant soprano who has performed at many Republican functions from coast to coast. She is also an African-American who has suffered criticism for her support of the President as all high-profile black conservatives do. Despite the fact that her prominence, celebrity and livelihood depends on her relationship with the President and his supporters, she immediately spoke out against Trump’s Truth Social account posting of a 62-second video on conspiracy theories about the “stolen” 2020 Presidential election. At the very end was added a non-sequitur section, set to the Tokens’ ‘The Lion Sleeps Tonight,”showing Trump as the Lion King and various Democrats as jungle animals, including Barack and Michelle Obama as…apes.

I regard that as about a half-step, maybe less, from the President calling the former First Couple “niggers.”

After an uproar that I will bet is not going to subside, perhaps ever, the video was taken down. Karoline Leavitt, presumably following orders, took a defiant (and stupid) stance, saying “This is from an internet meme video depicting President Trump as the King of the Jungle and Democrats as characters from the Lion King. Please stop the fake outrage and report on something today that actually matters to the American public.”

You know, like the desperate search for Savannah Guthrie’s missing mother. The President of the United States appearing to compare the most popular African-Americans in the nation and the only black First Couple as sub-human primates isn’t news. Seriously, Karoline?

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Ethics Dunce: President Trump

/ Jack Marshall / 6 Comments

Another historic moment for our 47th President! Donald Trump is not only the first President but also the first individual to rate three Ethics Dunce honors on Ethics Alarms in a single week, as well as setting a record for two in a single day, with the one coming up.

I bet you can guess what that one’s about…

The Justice Department arrested demonstrator Nekima Levy Armstrong, a lawyer, for her part in the illegal protester raid on a church service in St. Paul, Minnesota, along with Don Lemon and other pro-illegal immigrant activists. Homeland Security Secretary Kristi Noem posted an image of the arrest on Twitter/”X” showing Levy Armstrong dignified and composed, walking in front of a law enforcement agent. Karoline Leavitt, the White House press secretary shared that post, but the White House posted a fake, AI-altered version of the arrest in which the lawyer appears to be sobbing. Her skin is also darker. I pasted the original photo next to the fake one above.

There is no defense for this, nor is there any spin you can put on it where this dishonest, deceptive. gallactically stupid conduct doesn’t land at the President’s feet, stinking like week-old fish. Incredibly, irresponsibly and also stupidly, White House officials defended the fake with deputy communications director Kaelan Dorr writing on X that the “memes will continue.” White House Deputy Press Secretary Abigail Jackson also shared a post mocking the criticism.

Morons. Utter morons! The only ethical response possible would be to 1) take down the fake posts, 2) apologize profusely 3) fire the staffer or staffers immediately responsible and 4) for Trump, himself and at a microphone, take full responsibility while swearing never to allow anything like that again.

But he won’t do that.

It shouldn’t take a genius or a humble ethicist to explain why this episode was so harmful, but apparently nobody at the White House can figure it out, so here we go:

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