Ethics Hero: Dallas District Attorney Craig Watkins

Craig Watkins, a D.A. who understands his ethical priorities.

Craig Watkins, a D.A. who understands his ethical priorities.

In Law School, I had the honor of being instructed in the superb Georgetown Law Center Criminal Justice Clinic, by far the single best course of any kind I participated in at any level of my formal education. Our mentor in prosecutor ethics was Seymour Glanzer, the man who, as an Assistant U.S. Attorney, cut the deal with Nixon’s White House Counsel John Dean that cracked open the Watergate scandal.

Sy had one mantra he repeated to the clinic students often, trying the beat it into our heads forever: the prosecutor must be the center of justice and ethics for the criminal system. Defense attorneys have to defend the accused whether they are guilty or not, but prosecutors are charged with achieving justice, not convictions. “If you don’t have sufficient legal and reliable evidence to convict a defendant of a crime, or have any doubts about that client’s guilt, drop the case,” he told us.

His principles do not hold sway among many, perhaps even most prosecutors, to the shame of the criminal justice system. Too many see their duty as convicting as many accused as possible, putting the law-abiding public at ease by closing cases and filling prisons. Over-zealousness, sometimes to the extremes of withholding exculpatory evidence from defense attorneys while placing questionable eye-witnesses and unreliable experts on the stand under oath, is rampant in district attorney offices across the country.

The worst of the worst may have been Dallas. Vanessa Potkin, chief counsel of The Innocence Project at Cardozo Law School, argues that “no other county in the country beats Dallas. It’s a county that beats out most states in the country.”

It’s an indication of a system that needs reform, she says, with  “staggering numbers of the innocent put in prison.” That is why the recent steps taken by new Dallas District Attorney Craig Watkins are so important, and so necessary. Continue reading

Unethical Quote Of The Week: Chelsea Clinton

NEW YORK, NY - APRIL 17: Chelsea Clinton speaks at the Clinton Foundation's No Ceilings: The Full Participation Project at the Lower Eastside Girls Club on April 17, 2014 in New York City. Sharing the stage with her mother Secretary Hillary Rodham Clinton, the project is the first in a series of live and virtual dialogues designed to hear directly from girls and women, men and boys about their hopes  and fears for the future. The event, which took live questions from schools around the country, is working to advance progress for women and girls around the world.  (Photo by Spencer Platt/Getty Images)

(Of note: The Clintons are now the first family with three members having one or more “Unethical Quotes” on Ethics Alarms)

“It matters to me that my mom also recognizes the role the Supreme Court has when it comes to gun control. With Justice Scalia on the bench, one of the few areas where the Court actually had an inconsistent record relates to gun control. Sometimes the court upheld local and state gun control measures as being compliant with the Second Amendment and sometimes the court struck them down.  So if you listen to Moms Demand Action and the Brady Campaign and the major efforts pushing for smart, sensible and enforceable gun control across our country — in disclosure, have endorsed my mom — they say they believe the next time the Court rules on gun control, it will make a definitive ruling.  So it matters to me that my mom’s the only person running for President who not only makes that connection but also has a strong record on gun control and standing up to the NRA. This is one of those issues I didn’t know I could care more about until I became a mother. And I think every day about the Sandy Hook families whose children every day, don’t come home from school. And I can’t even imagine that living horror and tragedy.”

—-Chelsea Clinton, semi-incoherently campaigning for Mom this week.

Law professor Ann Althouse was really irritated by this speech, and posted twice about it. She points out that the Supreme Court in fact does not have an “inconsistent record” on gun control, so this statement is either ignorant or untrue—a tough call, since it’s Chelsea, and there is no reason to believe that she knows what she’s talking about, and she’s also a Clinton, which means that lying is in her DNA.

Althouse notes that the assertion about the Court sometimes upholding local and state gun control measures as Second Amendment compliant  and sometimes striking them down is “flat-out false.” Incompetent, irresponsible, or dishonest? Only Chelsea knows for sure, but “unethical” covers all three. Writes Althouse:

“She’s saying the cases are in disarray and the time is ripe for clearing up the confusion, getting to something “definitive,” but that’s not true. She’s really promoting changing the law that got settled in 2 very high profile, extensively briefed and argued cases that produced carefully thought out opinions. The Second Amendment does require application in particular cases (such as the case from last month, Caetano v. Massachusetts, which said the right included stun guns). So there are details to work out, but things have not been left in a state of confusion or in need of “a definitive ruling.”

Continue reading

Unethical Quote Of The Week: NY1 Host Errol Louis

“Let me suggest, because some of her strategists have said this kind of quietly, it’s not really a big thing on this campaign trail: a lot of this is sexism. It’s buried so deep that people just say, ‘I don’t trust her, she doesn’t keep her word.’ And then you turn it around and say, ‘What politician does?’”

—-CNN political commentator and NY1 host Errol Louis in response to CNN’s Chris Cuomo’s question regarding Hillary Clinton’s a recent Wall Street Journal/NBC poll that indicated that Clinton had a 56% unfavorable rating even among Democrats.

The T-Rex in "Jurassic Park" was also a female, and I'm sure sexism had a lot to do with everyone not liking her, either...

The T-Rex in “Jurassic Park” was also a female, and I’m sure sexism had a lot to do with everyone not liking her, either…

It must be wonderful for a politician to have an automatic, guilt-inducing, candor-suppressing excuse for every botch, failure, example of misconduct and instance of terrible judgment. You have to pity Richard Nixon, Lyndon Johnson, Robert Dole, George W. Bush, John Kerry, and so many others–when people said they distrusted or disliked them, they had to accept responsibility for it, and conclude that they must be doing something wrong. After all, nobody is prejudiced against white males: when people think they screw up, it’s because they really are incompetent or corrupt. They have to be accountable. How brilliant of the Democrats to hit on this fool-proof—literally—formula: just find black or female standard bearers and all criticism can, and for a lot of journalists will, be attributed to prejudice and bigotry. One has to wonder if Democrats will ever dare to run a Presidential candidate again who doesn’t have this built-in armor.

Without this versatile reality-warping and truth-defying device, I am certain that right and left, including African Americans, would have been howling for Barack Obama’s head long ago, with the news media handing out the torches and pitch forks. The engine for this double-standard is presumed bigotry, unfair but apparently impossible to rebut. Continue reading

Ethics Quote Of The Week: Secretary of State John Kerry

Kerry Hiroshima

“It is a stunning display. It is a gut-wrenching display. It is a reminder of the depth of the obligation every one of us in public life carries … to create and pursue a world free from nuclear weapons.”

—-Secretary of State John Kerry in Japan, as he toured the Hiroshima Peace Memorial and Museum this week before meeting foreign ministers at the G-7 Summit.

I couldn’t quite bring myself to call this an unethical quote, though it is an infuriating one. It is certainly a stupid quote, but we all know John Kerry’s verbal and intellectual deficiencies, and he was indeed in a tough spot. What would have been an appropriate statement to make in this setting, that would not risk insulting his hosts and setting off yet another debate about Hiroshima that would be a distraction from the G-7 Summit’s objectives?

While I agree philosophically with the editors of the Federalist that it would have been more satisfying if Kerry had said that the display was “a reminder of the depth of the obligation every one of us in public life carries to stop extremist regimes like Iran from obtaining nuclear weapons” or perhaps that it was “a reminder of the depth of the obligation every one of us in public life carries to ensure that we are well prepared for the next force that threatens peace,” each carried its own diplomatic and political risks. So would “Sorry you made us do this, but we didn’t bomb ourselves at Pearl Harbor,” which is what I would have been tempted to say. I’m no diplomat, however, as you may have noticed. Continue reading

Unethical Quote Of The Month—But Awfully Revelatory, If You Have The Integrity To Accept What It Means—California Gov. Jerry Brown

0404_NWS_LDN-L-BROWN-DC

“Economically, minimum wages may not make sense. But morally, socially, and politically they make every sense because it binds the community together to make sure parents can take care of their kids.”

—–Governor Jerry Brown on April 4, as he signed into law a phased state-wide increase in the minimum wage to $15 dollars an hour.

As Commentary wrote in reaction to this jaw-dropping admission following an irresponsible act, “Good intentions have always inoculated the left against criticisms of the consequences of their policy preferences.” This has become a culture-wide, self-destructive malady during the Obama administration, led by the President. Lately, Obama has become increasingly open about it, as when the President killed the Keystone pipeline citing climate change concerns while admitting that doing so would have no likely effect on climate change, but most of his “signature policies” are similar. The Iran deal bids fair to leave Israel as a smoldering wasteland, and the Iranian government has gone out of its way to demonstrate that it cannot be trusted while already violating, as even Obama admits, the “spirit” of the deal, but God Bless Obama for trying to restrain its nuclear ambitions.

The Affordable Care Act is failing in virtually every respect, fulfilling most of the dire predictions of its opponents, but this is still an “achievement” because, and it’s true, more Americans are insured than before. Obama’s Education Department’s sincere—I’ve no doubt about it—effort to make women feel supported and safe on college campuses seeded extensive due process abuse and discrimination against male students, and the most-gender divided campus community since the Seventies. His civil rights policies and rhetoric have created the worst racial divide since the early 1960’s. The intentions in all of these cases were, at least arguably, impeccable and admirable, and apparently for committed progressives, it is that, and not that the policies in pursuit of Panglossian goals have been societally disastrous, that matters.

The mass insanity of raising the minimum wage is the apotheosis of this mania. Note that I am trying to attribute the best possible motives with this: I have read many conservative writers who believe that the left knows the policy will be catastrophic economically, but because it will be politically useful in the short-term, they don’t care about the long-range consequences. Admittedly, statements like Brown’s makes this difficult for me not to agree with them, except that it is usually considered stupid to tell voters that what you are doing makes no sense.

To state what should be obvious, if  large minimum wage increases don’t make sense economically, that means they are bad policy, incompetent, and thus unethical. And we know–know—that they do not make sense economically.

Here’s economist Robert Samuelson: Continue reading

Unethical Quote Of The Month: Journalist Ron Fournier

laws_for_little_people

“Legally though, there is a big bar that you have to get over to prosecute anybody for these crimes, much less somebody who is running for president…I do understand that when somebody is running for president, there is a higher bar that you have to get over because we can’t have a system in which we are constantly charging people who are running for president of crimes.”

— National Journal journalist (and Ethics Alarms “Most Ethical Journalist” award winner) Ron Fournier, discussing recent revelations regarding Hillary Clinton’s e-mail machinations with “Morning Joe” on MSNBC

Ron Fournier has proved himself to be an unbiased and fair journalist, particularly where Hillary Clinton is concerned. He is not one of her apologists or defenders, so this statement must be sincere, and must also represent a genuine and inexplicable ethics blind spot.

There needs to be a higher bar to charge Presidential candidates with a crime? Wrong, absolutely wrong, unbelievably wrong, dangerously wrong, and embarrassingly wrong! That bar for a Presidential candidate or a President has to be exactly the same as for an ordinary citizen, indeed for the most lowly citizen, or our democracy is a fraud.

Fournier’s rationale for this double standard is, to be technical, bananas. To say “we can’t have a system in which we are constantly charging people who are running for President of crimes” is senseless on multiple levels:
Continue reading

Unethical Quote Of The Month: Above the Law’s Joe Patrice

[C]onsensual relationships with adults don’t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty-something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we’ve only learned of this more benign brand of misconduct.

—-Above the Law writer Joe Patrice, commenting, incompetently, on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students.

Professor Rizer, the Sam Malone of West Virginia University College of Law...

Professor Rizer, the Sam Malone of West Virginia University College of Law…

This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. “Not a big deal”? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn’t. It never has been.

The professor’s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students’ academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student’s “consent” to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say “no”? This creates a hostile environment for study and education. Continue reading

Unethical Quote Of The Week: Nautika Harris

miami-teen-home-intruder

“You have to look at it from every child’s point of view that was raised in the hood. You have to understand … how he gonna get his money to have clothes to go to school? You have to look at it from his point of view.”

Nautika Harris (above, right), the cousin of a 17-year-old teen shot dead by a 54-year-old Miami woman as he tried to exit her home, which he had entered to burglarize.

Miami-Dade police say that Trevon Johnson, 17, burglarized the home of a 54-year-old old woman last week.

She was not in the house when the break-in occurred, but after being alerted by her surveillance system, she rushed home and found Johnson climbing out of a window. She shot him dead, and his relatives are outraged.

“I don’t care if she have her gun license or any of that. That is way beyond the law … way beyond,” Johnson’s cousin Nautika Harris told local radio station WFOR. “He was not supposed to die like this. He had a future ahead of him. Trevon had goals … he was a funny guy, very big on education, loved learning.”

And loved burglary, apparently. Continue reading

Ethics Quote Of The Week: Garry Kasparov, Former Russian Chess Champion And Dissident, And While I’m Thinking Of It, Is It Too Late To Draft HIM For President?

Checkmate Strategy

“I’m enjoying the irony of American Sanders supporters lecturing me, a former Soviet citizen, on the glories of Socialism and what it really means! Socialism sounds great in speech soundbites and on Facebook, but please keep it there. In practice, it corrodes not only the economy but the human spirit itself, and the ambition and achievement that made modern capitalism possible and brought billions of people out of poverty. Talking about Socialism is a huge luxury, a luxury that was paid for by the successes of capitalism. Income inequality is a huge problem, absolutely. But the idea that the solution is more government, more regulation, more debt, and less risk is dangerously absurd.”

—-Former chess grandmaster and Soviet dissident Garry Kasparov on Facebook, explaining to  clueless  U.S. citizens what they don’t appreciate about their own system, from the perspective of an immigrant who has seen where socialist fantasies lead.

Of course, Kasparov isn’t remotely eligible to be President, since he was born in Russia and is now a Croatian citizen. Yet if I could, I would vote for him over any of the leading candidates in both parties even if he couldn’t speak English and had to commute from Croatia.

Kasperov, who is the chairman of the New York-based Human Rights Foundation and the author of Winter is Coming: Why Vladimir Putin and the Enemies of the Free World Must Be Stopped, elaborated on his theme at the Daily Beast, giving an American history lesson in the process (Does Donald Trump know any of this stuff? No chance!) and saying in part… Continue reading

Ethics Quote Of The Week: Marc Randazza at Popehat

click3

“But, if academia actually meant anything, she would never have been hired in the first place. She should be sent back to weep over heteronormative cis-gendered oppression in Teletubbies, and leave teaching to adults. Are there any available? Can they get past the search committee?”

—Popehat’s Marc Randazza, reviewing the academic credentials of fired Mizzou communications professor Melissa Click, who famously grabbed a videographer’s camera while trying to block a reporter from covering a public protest at the University of Missouri, uttering the immortal words, “Hey, who wants to help me get this reporter out of here. I need some muscle over here!” The video and graphics like the one above launched a thousand memes.

Now that First Amendment firebrand Randazza has joined the equally sharp, funny and merciless Ken White, Popehat is a festival of joys for those who savor enlightenment and passion with a dash of acid. Marc is in top form in his second take-down of Click, who drew his fire for her response to being fired: Continue reading