Ethics Dunces

Ethics Dunce: Ex-US Attorney Preet Bharara

/ Jack Marshall / 13 Comments

And a good thing, too…

Preet Bharara, until recently the United States Attorney’ for the Southern District of New York, was known as an aggressive, fearless, skilled prosecutor. He was also  increasingly a partisan one, as his  felony prosecution of Dinesh D’Souza, a vocal conservative critic of President Obama, showed. Despite the ridiculous and dishonest criticism of President Trump for firing Baharara, if there has ever been a President with good cause not to trust holdovers from the previous administration, it is Donald Trump.

The last Holder/Lynch Justice Department employee he trusted was Sally Yates, and she breached her ethical and professional duties by going rogue, and not just rogue, but partisan rogue. Baharara,who referred to himself as a “completely independent” prosecutor, was such a good bet to go rogue that it would have been negligent for Trump not to fire him. Democrats in and out of government are suddenly dedicated to defying and bringing down our governmental institutions, notable the Presidency. They can’t be trusted. Even if it wasn’t  the usual course to sack the previous administration’s US Attorneys—though it is—  there was every reason for this President to sack these prosecutors.

And, nicely enough, Bharara proved that Trump was right by grandstanding on his way out the door.

Asked to resign along with his colleagues, Bharara refused, and Trump fired him  Glenn Reynolds calls the refusal to resign childish, but it was more that. It was a breach of professional ethics, and akin to Yates’ stunt.  Bharara is a government lawyer, meaning that he represents the government’s interests as his supervisors define them. If he doesn’t like their priorities, his option is to resign—not defy them until he is fired, but resign.  United States Attorneys “serve at the pleasure of the President” and that’s a term of art.  The prosecution of crimes, including the decision regarding which crimes to prosecute and which crimes not to prosecute, is made at the discretion of the Executive Branch, which is headed by the President. If, for example, Bharara felt that Obama’s executive order declaring  that illegal immigrants who hadn’t committed serious crimes were henceforth to be treated as if they were legal immigrants rather than illegal ones was unconstitutional, which it is, his option would have been to resign, not give a press conference, a la Yates, declaring his opposition to the new policy. Continue reading →

In A Photo Finish Race For Incompetent Elected Official Of The Month, Ohio State Wes Retherford (R) Edges Texas State Rep. Jessica Farrar (D)

/ Jack Marshall / 82 Comments

Both are embarrassments to their parties, their states, and the voters who elected them, however.

First the winner: Ohio State Representative Wes Retherford, R-Hamilton, who was discovered over the weekend passed out drunk in his car with a loaded firearm at a McDonald’s drive-thru . Wes was arrested by Butler County sheriff’s deputies, and faces charges of operating a vehicle under the influence and improper handling of a firearm in a motor vehicle, because there is no current criminal law covering unbelievably stupid conduct by an elected official.

Retherford was easily re-elected in November in the heavily Republican district, even though voters had to know he was a drunk. He had to defeat a challenger in the GOP primary after another candidate gained the party’s endorsement because Retherford had been criticized for “partying.” “Partying” is a euphemism, in this case, for “has a serious drinking problem and is likely to end up  passed out drunk in his car at a McDonald’s drive-thru with a loaded firearm. The Ohio House Speaker even had to order a drinks cart removed from Retherford’s office because it violated House rules. People voted for him anyway. They must be so proud.

Our runner-up is a different brand of fool, but a fool nonetheless: Texas State Rep. Jessica Farrar, a Democrat, offered what she termed a “satirical bill”  that would fine men for masturbating, allow doctors to refuse to prescribe Viagra and require men to undergo a medically unnecessary rectal exam before any elective vasectomy. Farrar says that she knows her bill will never pass, but says she hopes it will start a conversation about abortion restrictions. Continue reading →

Chicago Justice, Rights, And Pop Culture Malpractice

/ Jack Marshall / 8 Comments

Dick Wolf, the “Law and Order” creator, is in the process of taking over NBC prime time. He now has four linked dramas dominating the schedule—“Chicago Med,” “Chicago P.D.,” “Chicago Fire,” and the latest, “Chicago Justice.” (Soon to come, at this rate: “Chicago Sanitation,” “Chicago Pizza,” and “Chicago Cubs.”)

Yesterday was Episode #2 of “Chicago Justice.” The story in involved a “ripped from the headlines” riff on the Brock Turner case, where a woman was raped while unconscious and the rapist received a ridiculously lenient sentence. In Wolf’s alternate universe, however, the judge was murdered, and the rape victim and her ex-husband were suspects. There was another wrinkle too: one of the prosecutors had a close relationship with the dead judge, and was with him right before he was killed. She was going to have to be a witness, and her colleague and supervisor, prosecuting the case, asked her if she had been sleeping with the victim. Such a relationship would have been an ethical violation for the judge, and at least a pre-unethical condition for the prosecutor, requiring her to relocate to a Steven Bochco drama, where lawyers have sex with judges all the time.

The female prosecutor indignantly refused to answer the question. After the case was resolved—I won’t spoil it, but the name “Perry Mason” comes to mind—the two prosecutors made up over a drink. She said that she would have never slept  with “Ray” (the dead judge–when he was alive, that is), but that she remembered reading “in some old document” that we all had “unalienable rights,” she believed one of them was “the right to be respected by your fellow man.”

There is no “right to be respected.” The Declaration of Independence, the “old document” she referenced, lists three rights only, though they are broad ones: life, liberty and the pursuit of happiness. None of those encompass a right to be respected. The speaker, Anna Valdez (played by Monica Barbaro, a Latina dead ringer for Jill Hennessey, who played the equivalent “Law and Order” role for many years), is a lawyer, and should understand what a right is. It is a legally enforceable guarantee of an entitlement to have something, seek or obtain it,  or to act in a certain ways. As a lawyer, she must understand that this is different from what is right, just or honorable. Her statement, coming from the mouth of a character with presumed expertise and authority, misleads much of the public, which is constantly getting confused over  the difference between Jefferson’s use of “rights” and what is right. So do journalists and, sadly, too many elected officials. Continue reading →

Ethics Train Wreck Update: Now The Dictionary People Have Boarded The Post-2016 Election Freakout

/ Jack Marshall / 26 Comments

It’s really depressing. I did not expect to see so many professions and professionals debase themselves and their ethical principles because they couldn’t deal with the results of a presidential election. . Historians. Judges. Scientists. Professors. College presidents and administrators. Performing artists. Intelligence community professionals. Judges. Journ–well, no, that one wasn’t a surprise.

My own profession, legal ethicists, booked a seat on the ethics train wreck, a development that was profoundly disappointing. Wrote one member of the profession who has remained clear -eyed while keeping his integrity, Steve Lubet in Slate,  “As a liberal Democrat, I have no sympathy for Conway’s habitual disregard for truth. As a professor of legal ethics, however, I think this complaint is dangerously misguided and has the potential to set a terrible precedent…The professors no doubt have faith in the professionalism of the District of Columbia Office of Disciplinary Counsel, but the bar authorities in other states may not always be reliably even-handed or apolitical. It is hardly inconceivable that lawyer discipline might somewhere be used as a weapon against disfavored or minority candidates, or as a means to squelch protest movements and insurgent campaigns. In the 1940s and 1950s, suspected Communists and alleged “fellow travelers” found their law licenses in jeopardy in many states. In the 1960s and 1970s, civil rights lawyers were hauled before the bar authorities in the South. The complaint against Conway is an unfortunate step back in the direction of using lawyer discipline against political enemies….”

Bingo.

Now “America’s dictionary,” Merriam-Webster, has decided that it is within its mission and purview to attack and mock the President of the United States..

Almost immediately after his election, the dictionary’s editors began trolling Trump and his administration, defined, by Merriam-Webster, as “to antagonize (others) online by deliberately posting inflammatory, irrelevant or offensive comments or other disruptive content.”

The website Acculturated has observed that on social media and its website Merriam-Webster has ridiculed the President  “for his every spelling mistake, grammatical error, and verbal gaffe. In honor of the election, they changed their header photo to a picture of a German word defined as the “collapse of a society or regime marked by catastrophic violence and disorder.” Then they highlighted what they claimed was the word most frequently looked-up, “fascism.” On Inauguration Day, they tweeted “Welp,” a word that conveys dismay or disappointment. The company also derided Betsy DeVos, Sean Spicer, Steve Bannon, and, of course, Kellyanne Conway.

This, needless to say, is not their job, their mission, or responsible professional conduct. It is, as it is for the other derailed professionals, smug virtue signalling and tribalism. Acculturated again:

[T]he dictionary’s editors are clearly partisan. They didn’t harass Hillary Clinton, and they don’t needle sports stars, celebrities, or, well . . . anyone else like they needle the President and his people.Theoretically, even that could be okay—a good, playful, occasional joke from the dictionary could have the whole country laughing. But if you mock one person too often, you start to reveal a pattern. If that pattern persists, the fun and games lose their light-hearted feel, and begin to betray bias instead.

Ya think???

Continue reading →

Coincidence, Ethics Violation, Or A Playground Rhyme Come True: The Lawyer’s Burning Pants

/ Jack Marshall / 17 Comments

I love this story!

 Miami defense lawyer’ Stephen Gutierrez shocked onlookers when his pants burst into flames mid-trial as he was addressing the  jury. Gutierrez was defending a client  accused of intentionally setting his car on fire in South Miami. Yes, it was an arson case. He had just begun his closing argument when smoke started billowing from his pants pocket.

By sheer coincidence I’m sure, the lawyer was arguing that the defendant’s car spontaneously combusted—just like the lawyer’s trousers!— and was not intentionally set on fire. Observers told police that Gutierrez had been fiddling in his pocket right before his pants ignited. He ran out of the courtroom, and the jurors were ushered out as well. After  Gutierrez returned unharmed, he told the judge that  it wasn’t a staged  demonstration gone horribly wrong, but just a coincidence. A faulty battery in his e-cigarette had caused the fire.

In an arson trial.

During closing argument.

Where the defense was “spontaneous combustion.”

Okay!

Jurors convicted Gutierrez’s client of second-degree arson anyway. Miami-Dade police and prosecutors are now investigating the episode, and Miami-Dade Circuit Judge Michael Hanzman is deciding whether to hold him in contempt of court.

Comments: Continue reading →

Ethics Dunces In Arms: Gloria Steinem And The New York Times Demonstrate How “The Star Syndrome” Works

/ Jack Marshall / 24 Comments

Gloria 2017 (right), with her ghostwriter, Gloria 2007 ( left)

Last week, Gloria Steinem authored an op-ed in The New York Times headlined, “Women Have Chick-Flicks. What About Men?”.

It was standard issue male-bashing; biased and badly researched junk, but more interestingly, at least half of it was ten years old, substantially lifted from a piece Steinem wrote for the Women’s Media Center website in 2007. This kind of lazy self-plagiarism is a major ethical breach that respectable publications do not suffer gladly, at least when the miscreant isn’t a feminist icon that their editors worship, or at least feel has earned immunity from those annoying ethical principles lesser mortals have to deal with.

As an aside, it really is a silly op-ed, not worthy of publication the first time, much less plagiarizing now. Some excerpts:

I was on a flight from New York to Seattle when a long delay on the tarmac prompted the airline to offer us a free movie. As the flight attendant read the choices aloud, a young man across the aisle said, “I don’t watch chick flicks!” I knew what he meant, and so did the woman sitting next to me. A “chick flick” is one that has more dialogue than car chases, more relationships than special effects, and whose suspense comes more from how people live than from how they get killed.

Translation: “Men are morons, women are sophisticates.” No generalizations or stereotypes there…

Think about it: If “Anna Karenina” had been by Leah Tolstoy, or “The Scarlet Letter” by Nancy Hawthorne or “A Doll’s House” by Henrietta Ibsen — if “The Invisible Man” had been “The Invisible Woman” — would they have been hailed as classics? Suppose Shakespeare had really been the Dark Lady who some people still think he/she was. I bet most of her plays and all of her sonnets would have been dismissed as ye olde Elizabethan chick lit and buried until they were resurrected by stubborn feminist scholars of today.

Two words: Prove it. Since  very few  great female authors were writing similarly brilliant literature in those periods, Steinem’s bet is rigged. Where are those buried woman-authored masterpieces that stand up as the equals of “King Lear” and  “War and Peace”? I’ll make another bet: I bet if those works had been written by women, we’d know it, and they would be just as admired and immortal as the works authored by men. Has Gloria heard of Wuthering Heights? Jane Eyre? Frankenstein? Pride and Prejudice? Has she heard of Jane Austen?

But I digress.

The original article published referred to that airplane flight as taken by Steinem  “recently.” That word was taken out after Gloria’s cheat was discovered, and this “Editor’s Note” was added: Continue reading →

Shaun King: Activist Ignoramus

/ Jack Marshall / 49 Comments

Deep thoughts from Shaun King…

Activists who have neither knowledge nor understanding of the government, the Constitution, civics and basic political realities should be accorded no respect, attention or influence. Since their pronouncements and assertions are based on bad information and misconceptions (and perhaps stupidity), who cares what they think about an issue? The news media should ignore them; politicians should ignore them; everyone should ignore them. Well, except to mock them. They deserved to be mocked.

This brings us to Shaun King, the Black Lives Matter activist and writer—and the fact that someone as ignorant as King can make a living as a writer is disturbing in itself.  He is on the staff of The New York Daily News as the “senior justice writer.” I’ll remind you of this later.

King just delivered his signature significance self-exposé via his favorite mode of communication, social media, in this case, Twitter. This means that many thousands of his followers, as well as the news media, now have incontrovertible evidence to prove beyond a shadow of a doubt that he knows less about the country he lives in and its government than we should expect from a 7th grader.

Behold!

Yesterday, King announced on Twitter what he called “serious but wild” questions. Sit down for this. I mean it.

His first:

1. Can the people of the United States somehow hold a vote now, or next year, to oust Donald Trump? Like a recall of some sort?

His second…

In laymen’s terms, what would it take for the USA to pass a Constitutional Amendment for a President Recall like CA has for a Governor?

Uh oh…I was afraid of this…

There goes the head…

Continue reading →

The Unmasking Continues: Kristof’s Unethical Tweet, And Pelosi’s Hypocrisy

/ Jack Marshall / 75 Comments

Let’s start with the tweet yesterday from Times columnist Nick Kristof:

kristoff-tweet

No, Nick, mustn’t do that. While a paper can print illegally procured documents that are leaked by others, it cannot encourage and call for illegal conduct. That’s conspiracy. Tax returns are private, and releasing them is a federal crime. With this tweet by its agent, The New York Times is soliciting a crime, and one against the President of the United States no less

By the time the Democrats, progressives and their confederates in the news media have completed their freakout, no one but fools and those in denial will have failed to recognize their exposure as frauds, whose posturing as supporters f proceess, democracy, fairness, decency and the rule of law was a cynical illusion since all they really believe in is “the ends justify the means.”

This is depressing and tragic, but it is also frightening. How thin the patina of principle is with these ideologues! Why would anyone trust them ever again?

Then there was Nancy Pelosi’s performance on CNN yesterday, disgracing herself and her party, as usual.

Asked by Jake Tapper to do what should have been easy for a proud feminist who had her female members grandstand at the President’s speech last week by wearing suffragette white: condemn the ugly remarks of Democratic Congressman Cedric Richmond, who implied that White Haous aide Kellyanne Conway was used to performing fellatio, Pelosi said,

“Well, I wasn’t at the dinner. I’m just finding out about this. But the fact is, I’m still in sort of a state of, what is going on here that the person who occupies the White House is a person who was on that Hollywood video that said the crude things he said about women.You all are criticizing Cedric for something he said in the course of the evening. And he maybe should be criticized for that. I just don’t know the particulars. But I do everyday marvel at the fact that somebody who said the gross and crude things that President Trump said — wouldn’t even be allowed in a frat house — and he’s in the White House.”

Ugh. Continue reading →

Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces

/ Jack Marshall / 37 Comments

dunces2

Everyone—almost literally everyone— involved in the Jeff Sessions flap has beclowned themselves and revealed that a gerbil running around in a wheel is powering their ethics alarms.

These include such previously noted Ethics Dunces as..

  • Attorney General Jeff Sessions, who couldn’t or wouldn’t answer a simple question clearly….
  • Democrats, who continue to act like spoiled siblings trying anything to make mommie get mad at the one she likes best, embracing conspiracy theories, smearing former colleagues, and generally morphing into walking, talking rectums before America’s eyes, to appeal to their deplorable hard core base made up of people who completed that mutation long ago…
  • Senator Chuck Schumer, displaying a partisan double standard so blindingly, throbbingly obvious than anyone can identify it….
  • Senator Claire McCaskill, engaging in perhaps the best timed hypocrisy and inexplicable amnesia of all time….
  • Deranged Trump-haters, determined to expose their legal ignorance to the world, who proclaimed Sessions guilty of perjury, when he obviously was not…
  • Every reporter, editor and news source who rushed into the trap of declaring that having contact with the Russian ambassador justifies  being “linked’ to Russia, when any dolt should have known that by that formula, anyone in Washington could be “linked” to Russia or be accused of having “Russian ties.”

But wait!

There’s more!

Now we have… Continue reading →

From The “A Nation Of Assholes” Files: Misogyny Against Republican Women Is Justified…And Funny! [UPDATED]

/ Jack Marshall / 72 Comments
Stay classy, Congressman!

Stay classy, Congressman!

Rep. Cedric Richmond (D-LA) was speaking at the Washington Press Club Foundation dinner, and made the following “joke”  about  the photo of Presidential  adviser Kellyanne Conway  kneeling on an Oval Office couch in order to take a photo of President Trump with the heads of  the nation’s black colleges:

Directing his remarks to  Republican Sen. Tim Scott, who was at the White House event and, speaking before Richmond,  had previously alluded to the  (stupid, but typical of the manufactured Trump “scandals” of late) controversy over Conway being too casual, or something, by kneeling on the Oval Office sofa by noting that “a whole lot worse” had occurred on that sofa when Clinton was in office, Richmond  snickered, 

“I really just want to know what was going on there, because, you know, I won’t tell anybody. And you can just explain to me that circumstance — because she really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.”

HAHAHAHA! That’s denigrating  innuendo, clear as the prairie skies, suggesting that Conway, because she is a woman, routinely engages in fellatio.  It’s a powerful male slut-shaming  a professional woman, because Richmond doesn’t like her boss, so she deserves it. The “but don’t answer” makes the statement’s intent clear. This was as obviously an ugly, sexist, misogynist remark as Candidate Trump’s infamous, “You could see there was blood coming out of her eyes, blood coming out of her wherever” in reference to Fox anchor Megyn Kelly. It is another example of the rampant Asshole Virus that has infected, perhaps fatally, the Democratic party,  its leaders, and its allies.

More proof of the scope of the epidemic is that no feminist activists, nor Elizabeth Warren, Nancy Pelosi, Kamala Harris or any  prominent progressive women, reacted by condemning Richmond—but then he’s a black Democrat, so nobody on the Left will hold him accountable. That’s how they roll, now. It isn’t what you do, it’s who does it.

The Washington Post, which last year meticulously set out to demonstrate that Trump’s ridiculous contention that by “wherever” he meant Kelly’s nose (it was a menstrual joke), naturally glosses over what Richmond said,  noting,

“But it seemed to some in the audience that he was making a reference to a sexual act.”

Oh did it? My, what dirty minds some have! It seemed to everyone but dim bulbs and those trying to cover for the smug, partyist, sexist pig (Ah, but a Democratic  smug, partyist sexist pig!) that he was alluding to blow-jobs, because of course women with influence and power in a Republican administration could only acquire them by submitting to male dominance  by servicing their baser needs.  The Post (and its female reporter) disgraces and exposes itself by pretending Richmond could have meant  anything else.  Then it offers Richmond’s mind-meltingly dishonest explanation without providing  a rebuttal or even a metaphorical arched eyebrow. Continue reading →