Ethics Dunces

McCoy v. Louisiana

/ Jack Marshall / 30 Comments

Today the Supreme Court ruled in favor of Robert LeRoy McCoy, who was convicted of three counts of murder after his lawyer refused to follow his instruction and plead not guilty as he directed. I had predicted that his convictions would be over-ruled; I also wrote,

“If the Supreme Court does anything but overrule Louisiana in this case by a 9-0 vote, I may turn in my law license in exchange for a free Whopper at Burger King.”

Well, the vote wasn’t 9-0. I think instead of turning in my license, I’m going to turn in my respect for the so-called conservative wing of the Court. The majority opinion was authored by Justice Ginsberg, with Kagan, Sotomayor, Breyer, Roberts, and Kennedy concurring. Two of the conservatives concurred in a dissent authored by Alito: Gorsuch and thomas.

I haven’t had time to read it as carefully as I have to to do a thorough analysis, but I read it well enough to flag it as an embarrassing collection of rationalizations. While the majority opinion interprets a straightforward case according to what is significant about it—a lawyer pleaded guilty for him when his client demanded that he plead non guilty, thus making the conclusion unavoidable, Alito resorts to desperate excuses. Well, this kind of case isn’t likely to happen again. So what? A man was robbed of his Sixth Amendment rights! His story was ridiculous. So what? If that’s his story, he has the right to tell it. The lawyer was placed in a tough situation by a client whose claims were unbelievable. The jury decides who to believe, and a defendant has the right to let them do that. McCoy’s lawyer didn’t believe him. So what? Welcome to criminal defense work. McCoy was going to be convicted anyway.

What????

I can’t believe a Supreme Court Justice is making these arguments. So what? The principle of the rule of law is that it is vital that the defendant, if he is convicted, is convicted the right way, constitutionally. The conduct of McCoy’s lawyer was indefensible under the ethics rules, and the Constitution.

Reading the whole opinion and the dissent is revealing, and not in a good way. The majority opinion shows us that the Supreme Court can’t say the sky is blue without making the case in the mots turgid way possible. This opinion should have been a few pages at most.

The dissent lets us know that Justices Alito, Gorsuch and Thomas look for minuscule fragments of justifications to avoid doing the right thing.

 

Unethical Quote Of The Month: New Mexico Congressional Candidate Pat Davis (Guess What Party!)

/ Jack Marshall / 97 Comments

“Fuck the NRA!

—-Albuquerque City Council member Pat Davis, in a TV ad promoting his candidacy for Congress in the upcoming Democratic Party primary.

Nice.

That’s what we really need more of in the government: more incivility, vulgarity, cretinous rhetoric, and hate-mongering. Go Pat!

I suppose Davis is taking his cues from potty mouth DNC chair Tom Perez and putative Presidential candidate and California Senator Kamala Harris, both of whom have decided to jettison dignity and professionalism in pursuit of the rapidly devolving progressive base. These people are all ethics corrupters. I don’t care who they say to fuck, or what. If this their idea of leadership, they are a disgrace to the nation and whatever office they seek.

Of course Davis’s message is idiotic, regardless of his terminology. He says that the NRA’s ” pro-gun policies have resulted in dead children, dead mothers and dead fathers.”  If politicians like Davis want to repeal the right of citizens to own guns, then let them have the honesty and integrity to say so. Blaming the organization that is an advocate for the Second Amendment for crimes committed by those who abuse the right is intentionally dishonest as well as cowardly,  like blaming the ACLU for the proliferation of lowest common denominator demagogues who think “Fuck the NRA” is responsible political discourse and not merely the equivalent of a primal scream.

Another White House Closed-Door “Gotcha,” Another Chunk Gouged Out Of Our Liberties

/ Jack Marshall / 44 Comments

The icky ethics category of private or limited audience statements that get unethically publicized by malign third-parties to embarrass and harm the speaker has been explored here many times, notably in the case of Donald Sterling, the NBA owner and billionaire who lost his franchise, millions of dollars and his reputation over a remark he made in his own bedroom that was surreptitiously recorded and released by a treacherous girlfriend.. The position of Ethics Alarms on these incidents, which also includes spurned lovers sharing private emails to the world in order to humiliate a correspondent, the Democratic Senators who leaked the President’s course rhetoric about “shithole” countries that took place during a meeting that was supposed to be private and confidential, and Donald Trump’s infamous “pussy-grabbing” statements, is simple. Once the embarrassing words have unethically made public, they can’t be ignored. Neither should the circumstances of their making, or the unethical nature of their subsequent use was weapons of personal destruction.

 

There is not a human being alive who has not made statements in private meetings or conversations, whether  those statements be jokes, insults, rueful observations or deliberate hyperbole, that would be horribly inappropriate as public utterances. Thus the feigned horror at such statements by others is the rankest kind of Golden Rule hypocrisy. In addition, the opprobrium and public disgrace brought down on the heads of those whose mean/ugly/politically incorrect/vulgar/ nasty/insulting words are made public by a treacherous friend, associate or colleague erodes every American’s freedom of thought, association and expression, as well as their privacy.

The most recent example of this unethical sequence occurred after Kelly Sadler, a White House special assistant, stated in a closed-door policy meeting that Senator John McCain’s opposition to Trump’s nominee for CIA director “doesn’t matter” because “he’s dying anyway.” Some saboteur in the meeting, determined to harm both Sadler and her boss, leaked this small moment in a private meeting, in which participants reasonably assumed they did not have to be politically correct, nice, kind, civil or careful because everyone in the meeting had tacitly agreed that the meeting was confidential. That, and only that, is the ethical breach here. (Nah, there’s no “deep state”…there are just nefarious moles in the White House who coordinate with the news media to undermine the President. That’s all!). Continue reading →

Google And The Bail Bonds: When Virtue-Signaling Goes Horribly Wrong

/ Jack Marshall / 18 Comments

..or, in the alternative, go ahead and BE evil, but make sure you’re pretending to be progressive while you’re doing it.

“With great power comes great responsibility not to be reckless and stupid.”

Google recently announced this policy change. See if you can spot what is wrong with it: I shouted, “What???” pretty much through the second paragraph.

At Google, we take seriously our responsibility to help create and sustain an advertising ecosystem that works for everyone. Our ads are meant to connect users with relevant businesses, products and services, and we have strict policies to keep misleading or harmful ads off of our platforms—in fact, we removed 3.2 billion bad ads last year alone. Today, we’re announcing a new policy to prohibit ads that promote bail bond services from our platforms. Studies show that for-profit bail bond providers make most of their revenue from communities of color and low income neighborhoods when they are at their most vulnerable, including through opaque financing offers that can keep people in debt for months or years. We made this decision based on our commitment to protect our users from deceptive or harmful products, but the issue of bail bond reform has drawn support from a wide range of groups and organizations who have shared their work and perspectives with us, including the Essie Justice Group, Koch Industries, Color of Change and many civil and human rights organizations who have worked on the reform of our criminal justice system for many years. According to Gina Clayton, executive director of the Essie Justice Group, “This is the largest step any corporation has taken on behalf of the millions of women who have loved ones in jails across this country. Google’s new policy is a call to action for all those in the private sector who profit off of mass incarceration. It is time to say ‘no more.’” Enforcement of this policy will begin in July 2018. This policy change is part of our ongoing efforts to protect users on our platforms.

Maybe this isn’t as stupid as it appears. Maybe Google is trying to protect its users by ensuring that potential predators accused of crime rot in jail while they are awaiting for trial because they don’t have access to bail.  Now that would be sinister and cruel, but not idiotic. Maybe? Perhaps?

No, this is just idiotic.

Prof. Alex Tabarrok, the Bartley J. Madden Chair in Economics at the Mercatus Center and a professor of economics at George Mason University, explains:

Bail bonds are a legal service. Indeed, they are a necessary service for the legal system to function. It’s not surprising that bail bonds are used in communities of color and low income neighborhoods because it is in those neighborhoods that people most need to raise bail. We need not debate whether that is due to greater rates of crime or greater discrimination or both. Whatever the cause, preventing advertising doesn’t reduce the need to pay bail it simply makes it harder to find a lender. Restrictions on advertising in the bail industry, as elsewhere, are also likely to reduce competition and raise prices. Both of these effects mean that more people will find themselves in jail for longer.

And may I add, with respect, “Duh.” You don’t begin reforming the bail system by making it harder for people who need bail to get it….that is, you don’t do that unless you have a cranial vacuum.  Moreover, Prof. Tabbarrak has the same message based on his experience with bail bond companies as I did when I had criminal defendants as clients—and when I have had to help family members and friend deal with the bail system: Continue reading →

Comment Of The Day: “A Particularly Sad Ethics Dunce: Senator John McCain”

/ Jack Marshall / 30 Comments

I am bumping Steve-O-in-NJ’s reaction to the depressing drama of Senator John McCain spending his last days in anger and bitterness up in the queue of  pending Comments of the Day, which is long right now. The reason is that his analysis fits neatly into a post I was about to write, but will summarize here as a preface.

The impulse to defend McCain’s recent conduct, notably disinviting President Trump from his funeral in advance, is one more in a long line of signature significance moments, definitively identifying late stage sufferers of anti Trump hysteria. (Trump Derangement Syndrome just isn’t an accurate diagnosis, because it suggests equivalence with the more unhinged critics of Presidents Clinton, Bush and Obama. There is no comparison. It is like comparing a bad cold to the bubonic plague.) The grotesque theater of a public figure choosing, rather than to end his life with grace, forgiveness and unifying good will, choosing to emulate the mad Ahab, screaming,

“To the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee!”

He has gone full-Ahab. You never go full Ahab. But because the equally mad haters of the elected President relish the thought of any insult, attack or indignity hurled Trump’s way, the can’t perceive the obvious. Defending McCain’s prospective snub is as clear a symptom of anti-Trump hysteria as a dog recoiling from water signals rabies.

My usual course is to make an ethics analysis and then check the opinions of analysts who I trust as generally fair and perceptive. Here was Ann Althouse’s take, in part:

It’s very strange — these statements coming from a dying man about what he wants at his funeral. I can’t remember ever hearing anyone talking about his own funeral with the assumption the President of the United States wants to attend and then taking a shot at the President saying don’t attend. I mean, how do you get to be the sort of person who, facing death, imagines everyone clamoring to attend your funeral and then telling some of them you don’t want them there? It’s similar to a Bridezilla, thinking everyone’s so interested in attending her wedding and then being dictatorial toward these people.

I don’t understand it…good Lord! What would possess you to think your funeral is going to be such a hot ticket people will be put out if they can’t attend and then letting it be known who you want on the outs?

I’d like to see more dignity and privacy around McCain as he plays his final scene. It’s his brain that is wrecking him. Shouldn’t his family enclose him and protect him?

Those who respect and care about McCain want him to stop. Those who hate Trump so much they are willing to see a war hero and former Presidential candidate embarrass himself to deliver one more divisive insult just regard him as a means to an end.Here is Steve-O-in-NJ’s Comment of the Day on the post, A Particularly Sad Ethics Dunce: Senator John McCain:

Continue reading →

A Particularly Sad Ethics Dunce: Senator John McCain

/ Jack Marshall / 63 Comments

As I already have noted here more than once, Senator John McCain’s ethical course was to resign from the Senate even before he got his brain cancer diagnosis, and definitely afterward.  He is a courageous and admirable man in many ways, but the one of the hardest duties in life is to give up power and influence, and say goodbye when the time comes. The senator is not alone in failing this ethics test, indeed he is in distinguished company: FDR, Babe Ruth, Frank Sinatra, Muhammad Ali, Lawrence Tribe,  Clarence Darrow, too many Supreme Court justices, including a couple current ones, and lots of U.S. Senators. Nonetheless, it is a failing, and in McCain’s case the failing has been compounded by his regrettable decision to use his status as a dying man to exploit the reluctance of critics to address the wrongdoing of the afflicted. He has decided top settle old scores in his final days. The conduct is petty and erodes his legacy, as well as the respect he had earned in his long career of national service. It is too bad.

Much of McCain’s self-indulgence is directed at President Trump, whom he is now insulting with mad abandon, banning him, for example, from the Senator’s funeral in advance. This is vengeance, nothing more ennobling, for Candidate Trump’s outrageous disrespect toward McCain and other prisoners of war when Trump said that he did not regard them as heroes. McCain revenge is thus a display of the kind of non-ethics Donald Trump believes in: tit-for tat, mob ethics, hit ’em back harder. The political theme since November 2016 is that the President’s enemies cannot resist lowering themselves to his level, or in some cases, below it. Strike-backs from beyond the grave are particularly unbecoming, but McCain is seething, and apparently can’t muster the other cheek, graciousness, or statesmanship. Too bad. Continue reading →

Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

/ Jack Marshall / 15 Comments

Good Morning!

1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:

“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”

Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.

Birthdays deserving of more public remembrance than Karl’s: Arnold Stange, Harold Staasen, Melody Patterson, and Phil Linz, among others, as well as every world citizen who lived his or her life without playing a role in making the planet more miserable. Continue reading →

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

/ Jack Marshall / 31 Comments

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading →

“Cultural Appropriation” Indoctrination From Gonzaga University

/ Jack Marshall / 59 Comments

From Campus Reform, one of two useful websites that peers into the sick culture of many indoctrinating left-wing educational institutions (the other is Campus Reform) comes the release of this jaw-dropping memo sent to students at Gonzaga University:

That Facebook entry links to a website listing “6 Ways To Celebrate Cinco de Mayo Without Appropriating The Mexican Culture.” The Gonzaga Facebook page includes a graphic with such advice as “don’t you dare put on that ‘sombrero,’” “acknowledge the stereotypes you have internalized and discover why they are problematic,” ““donate to organizations working for immigrant rights,”  and  “support AUTHENTIC Mexican businesses,” although “CHIPOTLE DOESN’T COUNT.”  “Try a family-owned restaurant run by actual Mexican people (They have better food anyway. We promise.),” the graphic says. “Maybe even enjoy some authentic Mexican music.”

My immediate reaction to this ham-handed, bigoted message would be, after the obligatory “Bite me!,” to have lunch at Taco Bell, pull out those old Bill Dana comedy albums,  and to watch “The Three Amigos.” Oh, and I will put on a sombrero (I own a great one, as well as an authentic Sioux headdress, three cowboy hats, a fez, a Viking helmet (not so authentic), a beret,  and Kaiser Wilhelm helmet, and a jester’s cap), because I will wear anything on my bald head that I goddamn please, and if my attire offends someone, that’s their problem. I don’t wear any of those costume pieces as insults, and as a member of the world community, I will borrow, honor, emulate and appropriate whatever part of it that appeals to me. For I am a free citizen of the United States of America, and don’t order me to express myself as you would prefer. Continue reading →

Morning Ethics Warm-Up, 5/4/2018: White Artists, Black Artists, Brain Damage And The Mad Midnight Pooper

/ Jack Marshall / 41 Comments

Good Morning!

(On the way to lovely Annapolis, MD to present my Clarence Darrow legal ethics program, along with D.C. actor Paul Morella, the real star of the day and the best Clarence Darrow portrayer alive. Paul starred in my 2000 original one-man show about the iconic lawyer-rogue, and has been performing it for lawyer groups and bar associations ever since.)

1  Déjà vu!  I would write a full post about this, but you can essentially go to all the football head trauma essays, search and replace NFL with NHL, and you’ll pretty much have it. The New York Times reports on a 53 year old ex-pro hockey player whose brain yielded evidence of CTE, and evidence is mounting the the violent sport is doing damage to players similar to what the NFL denied for so long. Right now, the National Hockey League is denying it too:

To the N.H.L. and its commissioner, Gary Bettman, the diagnosis is likely to be the latest piece of evidence to dismiss or combat. Even as links build a chain bridging the sport to C.T.E., the degenerative brain disease associated with repetitive head trauma, and some of the game’s most revered names push the league to take a more open-minded approach, the N.H.L. has denied any connection between long-term brain damage and hits to the head.

The N.F.L. did the same, for many years, until the evidence became too overwhelming, the numbers too much to counter with plausible deniability. Facing a huge class-action lawsuit, the N.F.L. eventually admitted to the connection and agreed to a roughly $1 billion settlement with former players. (That has not kept the sides from continuing to fight over the payouts, amid accusations of fraud and intimidation.) The N.H.L., following the N.F.L.’s strategy of about a decade ago, still contests any role in the burgeoning science of C.T.E., in the courts of law and of public opinion.

What’s going on here? Violent pro sports are popular and profitable, so they will continue maiming players and devastating their families until the public finally refuses to have blood on its hands. It will take a while, and many lives will be destroyed, but in the end, football and hockey are going to have to be responsible, and also held responsible for the carnage their greed has caused.

2. Yeah, I’m being unfair and partisan when I accuse progressives of being hostile to free speech and diversity of views… A hip-hop and R&B radio station in Detroit has announced that it won’t play Kanye West’s music. The alleged justification was the rapper’s dumb remarks about slavery. On “TMZ Live,” West said,

“When you hear about slavery for 400 years. For 400 years? That sounds like a choice. Like, you were there for 400 years and it’s all of you all? You know, it’s like we’re mentally in prison. I like the word prison ’cause slavery goes too — too direct to the idea of blacks.”

That’s pretty stupid for sure, but hardly any more stupid than the kinds of things West has been saying his whole career as his fans cheered him on. He’s welcome to hijack a telethons to say, for example, that President Bush intentionally let blacks die after Katrina, but this goes too far. (Someone please explain to me exactly what he thought he was saying, if you have time.) Continue reading →