Ethics Train Wrecks

Comment Of The Day: “Yes, It’s Open Forum Time Again!,” And Reflections On The State of Our Democracy, Part 2

/ Jack Marshall / 28 Comments

Part I, and Michael R’s Comment of the Day, are here.

The embedded government bureaucracy has always been recognized as a necessary evil, because the pre-Civil Service system of cleaning house after every election was inefficient and an invitation to cronyism. It cannot be denied, however, that partisan biases and loyalties within the “Deep State” create other serious problems, including individuals taking it upon themselves to undermine and  sabotage policies they disagree with.  Usually the phenomenon is subtle and not routine, but the partisan hysteria weaponized it against Trump, with anti-Trump government employees with influence and power felt more justified in betraying the President than ever before. Prime among this group has been the judiciary, the intelligence community, the State Department, and the diplomatic corps.

Seduced by a partisan narrative, spread daily by the mainstream media, that an illegitimate President who was elected by racists and morons was poised to destroy the country, and maybe the world, because of his greed, stupidity–and insanity!–once unthinkable levels of disloyalty and active opposition to a President by those paid to support the leader chosen by the people were not only justified, but necessary. This attitude quickly metastasized into a coup mentality. This too is routinely derided as a Fox News talking point, but denial only works for so long. In this case, time is almost up.

I finally concluded, early in 2017, that Trump’s election showed that our democracy works and remains vital. The nation was being dragged into a new culture which was violently contrary to core American principles and values that have made the nation what it was, in great part because of the Left’s ideological  capture  of American institutions, notably education, the legal profession, journalism, and the political elites. Somehow, in the inexplicable wisdom of crowd, the ignorant, confused, misinformed and emotion-driven U.S  public found a way to say “Enough!” in the most startling, obnoxious, disruptive way imaginable.

Lincoln was proven right. You can’t fool all the people all the time. Continue reading →

Observations On The Latest Democratic Candidate’s Debate

/ Jack Marshall / 20 Comments

1. The futile, meandering, preaching to the choir debate this week, played against the backdrop of the Democratic Party’s disastrous impeachment hearings, should have made the purpose of the latter clear as crystal for anyone not in denial.

The hearings, like Mueller’s unprofessional and unethical statements after his report was submitted, are designed to “soften” up the President and wound him before the campaign, so he can be bested by one of the stunningly weak options the party has gathered for itself.

This is a misuse of the impeachment process, and was devised as one long, long ago. Thus Rep. Al Green admitted last week that impeaching Trump has been his long-time quest. And Atty. General Barr, to his great credit, made the soft coup plot explicit in his recent speech, saying,

“Unfortunately through the past few years we have seen these conflicts take on an entirely new character. Immediately after President Trump won election, opponents inaugurated what they called ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch and his administration. The fact of the matter is: that in waging a scorched earth, no holds-barred war of resistance against this administration, it is the left that is engaged in the systemic shredding of norms and undermining the rule of law. . .

“This is a very dangerous and indeed incendiary notion to import into the politics of a Democratic republic. The fact is, that, yes, while the president has certainly thrown out the traditional beltway playbook and punctilio, he was upfront about what he was going to do and the people decided that he was going to serve as president.”

The discussion of Barr’s speech (and Prof. Turley’s misguided criticism of it) in the Open Forum was excellent. Had I been get to a keyboard, Barr would have received an Ethical Quote Of The Week honor. He articulated exactly what Ethics Alarms identified as the undemocratic process under way since the first “Not My President!” protests, when the “Resistance” disgraced their ideology and our history. Barr didn’t mention it, but Hillary Clinton has explicitly said that she considered herself a member of “the resistance.” The defeated opponent of a legally elected President of the United States has allied herself with a movement to erase the results of the election that defeated her by any means possible—and now so has her party.

And may I say, the FOOLS. You can’t trust polls, but the indications are that, as expected by the non-Trump deranged, the impeachment charade has hardened support for the President and public resentment of Democrats.

The transcript is here.

2. Also in the Fools category: continuing to have a mob on stage for a “debate.” Twelve is far too many people to have a useful or coherent debate, or even whatever these things are.

3. MSNBC talking heads should not be permitted to moderate these things. The bias was so thick you could hardly see the stage. The moderators carefully set out not to ask  questions that would make the candidates have to thread any policy needles. Where were questions about whether teachers and professors should be dismissed for using “the N-word” to discuss “the N-word”? What is the position of these candidates on censoring speech?

Why weren’t the candidates asked to explain why the large number of children detained “in cages” by the Obama administration, as revealed again when Obama’s 2015 statistics were falsely publicized this week as Trump administration counts,  didn’t trigger any outrage at all in their party, and now its mentioned as groundz for impeachment? Why weren’t they asked to explain what their solution is be to  waves of children being used as sympathy-drawing pawns by illegal immigrants?

How about, “Beto O’Rourke recently withdrew from the race. He had received criticism for openly admitting that he favored gun confiscation. What is your position on gun confiscation, especially in light of the recent news that New Zealand’s efforts have fallen far short of what the nation expected?”

Instead, we got Rachel Maddow asking Elizabeth Warren  if she  would she try to convince other Senators to convict President Trump in a Senate impeachment trial.

Indeed, the whole night was disproportionately devoted to Trump-bashing, as if this would distinguish any candidate from another.

4. As Joe Biden appears more and more of a liability, doesn’t the claim that President Trump was only seeking an investigation of the ex-VP to eliminate a feared rival for his office look like more and more of a contrivance? Why wouldn’t Trump want to run against this boob?

Defending his record with black voters during the debate, Joe Biden called Sen. Carol Moseley Braun the “only” black female Senator (she was the first), and invoked her name like being endorsed by Braun is a badge of honor. Braun was clumsily corrupt; only the fact that Bill Clinton was pulling the strings of the Justice Department stopped her from being indicted.  A 1993 Federal Election Commission investigation found that she never accounted for  $249,000 in campaign funds. The IRS twice requested that the the Justice Department investigate her further, but it refused. After all, you couldn’t have the “first black President” turning on the first black woman Senator. Continue reading →

Post Road Trip Ethics De-Brief, 11/20/2019, AND Morning Warm-Up, 11/21/2019

/ Jack Marshall / 30 Comments

Bvuh.

Thinking is a chore right now, never mind typing.

We returned from a triumphant two-Darrow ethics program New Jersey tour, highlighted by the intense Darrow oratory performed by actor/legal instructor Paul Morella. This does a cynical ethics CLE presenter’s heart good: finding myself short of time, I asked the assembled NJ Bar members to vote on whether Paul should omit Darrow’s famous Leopold and Loeb closing argument, or Darrow’s own desperate plea for an acquittal when he faced a jury considering his own guilt of jury tampering in the 1911 MacNamara case. The group almost unanimously voted that we complete both closings, with my ethics commentary as well, bringing the program to an end almost a half hour later than scheduled. Nobody left, and believe me, in most CLE seminars, the lawyers seldom stay one second longer than they have to.

Brought a tear to my eye…

No rest in sight, though: tomorrow, I take an early flight to team up with rock guitar whiz and singer Mike Messer in Las Vegas for Ethics Rock Extreme. And I’m punchy now...

1. Well, maybe the NFL is learning…News item: The Miami Dolphins released already suspended running back Mark Walton on Tuesday, hours after he was arrested on charges of punching his pregnant girlfriend multiple times in the head. Walton had been serving a four-game suspension because of  three arrests before the season started. He was sentenced in August to six months’ probation after pleading no contest to a misdemeanor weapons charge.

Now let’s see if the Patriots sign him…

2. Just a quick impeachment hearings note: It is astounding to me that witnesses are being called by the Democrats to testify regarding their opinions on a President’s phone call to a foreign leader. Big black headlines shout that witnesses called a phone call “inappropriate.” Who cares? The President has the authority to decide what is “appropriate,” and there are no impeachment articles in the Constitution designating “acting inappropriately” according to someone else’s opinion as a “high crime and misdemeanor.”  Leaders become leaders because they do thinks that others think are “inappropriate.”

Don’t get get me  started on presidential actions through the centuries that experts, government veterans and other critics at the time thought were “inappropriate,” or worse.

I started compiling a list of what I would consider genuinely impeachable actions by past Presidents The list makes the current impeachment push look even more contrived than it already is.

3. I see that the group that surreptitiously filmed Planned Parenthood staff discussing abortions was hit with over 2 million dollars in damages. Good. Continue reading →

Saturday Ethics Warm-Up, 11/16/2019: Plan T?

/ Jack Marshall / 39 Comments

Great. I’m sick again.

It’s psychological, I’m sure of it. I dread the Whitewaters of Life period from November 17 through New Years, encompassing the anxiety of Thanksgiving, the anniversary of my father’s perverse decision to kick-off on my birthday, the annual 10-hour prickle-fest of decorating an eight-foot live tree to meet family traditions, maneuvering around the Christmas season while trying to make it special and feeling deep inside that those days are long gone, struggling with the rotten timing of wanting to spend without penny-pinching on thrilling loved ones while one’s own small ethics business is at its cash-flow nadir, and fighting off the ghosts of more carefree times with the missing, including my dad and especially my mother, who was a Christmas fanatic, and now Rugby, whose trick of sniffing out his presents and unwrapping them, and only them, with typical elan was always a Christmas morning highlight. This year, I have the extra burden of not one but two multi-day ethics road trips, one to carry musical ethics down the metaphorical chimney in Las Vegas, and to by car to New Jersey, where Paul Morella, alias Clarence Darrow, and I have two dates. Both trips are guaranteed to leave me feeling like I have been run over by a reindeer.

Ho-ho-ho.

Shut up, Perry.

1. Plan T watch. Note that the ethics Alarms home page finally has a link directly to the growing list of 19 attempted removal plans that have been launched to various degrees by the Democratic Party/ “resistance”/mainstream media soft coup alliance against President Trump. This version is slightly revised, including a reference to a consist statement of what is going on that echoes what I have written, but is nicely turned: “Donald Trump daring to serve as President is itself impeachable.”

Bingo.

Meanwhile, Plan T might be imminent. The tortured logic of Plan S, the basis of the current inquiry, is convincing no one, in part because the average American doesn’t know impeachment from a pear tree, and mostly because Plan S is dishonest and bats. To their shame if they had any, the impeachment mob has been  polling and using focus groups to determine which accusation will stick.

The Washington Post reports  that Democrats are easing out the term ‘quid pro quo,’ instead using “bribery” as the favored term to describe Trump’s alleged impeachable conduct: Continue reading →

Incompetent Elected Official, Unethical Quote Of The Week, And Ethics Dunce: Democrat Rep. Mike Quigley (IL) [UPDATED]

/ Jack Marshall / 11 Comments

And let me add, 

KABOOM!

“And, if gets to closed primer on hearsay, I think the American public needs to be reminded that countless people have been convicted on hearsay because the courts have routinely allowed and created, needed exceptions to hearsay…Hearsay can be much better evidence than direct … and it’s certainly valid in this instance.”

—-Rep. Mike Quigley (D-IL), making an ass of himself, misinforming the public, but nicely illustrating the lack of integrity and honesty at the heart of the current Democratic impeachment inquiry.

And how proud Loyola Law School must be to have graduated this idiot!

The Honorable Rep. is trying, I assume, to slide by the fact that much of the testimony being presented against the President is hearsay, which means, “not valid evidence.” There is a good reason for that: when what someone else says is repeated by another party as evidence of the proof of the statement’s truth, it obviously cannot be given much weight. For one thing, the actual speaker cannot be cross-examined, making the admission of such a statement as evidence reversible error. A witness can testify to what he or she heard someone else say, but that’s not hearsay.  The testimony is good evidence that the statement was made, just not that the speaker was necessarily telling the truth.

However, nobody, and no legal authority, rationally believes that “hearsay can be much better evidence than direct.” The statement is ridiculous on its face. It literally means that it is better to have someone who heard a statement testify that the statement was true rather than have the individual who made the statement.

Nor do courts “routinely” create exceptions to the rule against hearsay. The exceptions are old and well-established, and have not changed or had additions in many decades.

Here is the list from the Federal Rules of Evidence: Continue reading →

The “Resistance” Is Desperate To Hide The Fact That Their Attempted Coup Is One. Don’t Let Them Get Away With it.

/ Jack Marshall / 71 Comments

“A coup by any other name would still be a coup, and would still stink” WILLIAM SHAKESPEARE. (Well, he said something like that….)..

Just for the record, I’ve been calling this a “coup” all along. For some reason Facebook yesterday was stuffed with the specious and technical arguments that the Democratic Party/ “resistance”/mainstream media alliance’s efforts to find a way to remove the elected President literally from the moment he was elected (bringing those objective TV anchors and reporters to tears), and now finally culminating in a contrived impeachment hearing, is not accurately called a coup. “But it’s not through military violence!” “But if Trump is removed, it would make Pence President, so there’s no regime change!” I’ve explained before that what is being attempted meets the exact definition a “soft coup,” and thus that saying this isn’t an attempted coup is like saying a scrambled egg isn’t an egg.

This side of the ideological divide, as we know, thrives on word games and deceitful framing: heaven forbid that the public grasps what is going on under their noses.

It is particularly annoying when I am told that by one of the Facebook Borg whose understanding of the traditions  and institution of the Presidency extends to what they have been told by Rachel Maddow lectures me that by using “coup” I am mouthing Fox News “talking points.” First, I don’t watch Fox News; second, Fox News has its share of pro-impeachment fans (making it more balanced than any other network, all of which appear to lack any prominent on-air employees who are not coup-collaborators), notably fake “judge” Napolitano,  and third, most notable of all, Ethics Alarms began using the term “coup” while most critics (and Presient Trump) were throwing around “fishing expedition” and “witch hunt.”

Maybe the pundits who are suddenly using coup secretly read Ethics Alarms. That would be encouraging.  In that spirit, here is a summary of Victor Davis Hanson’s ten reasons (to which number he adds “at least”) the current impeachment effort is in fact a coup, in a column yesterday in the New York Post adapted from a piece in the National Review: Continue reading →

High Noon Ethics Warm-Up, 11/12/2019: Laser Eyes And Science Trees

/ Jack Marshall / 33 Comments

Yyyyup!

Sirius XM already has two Christmas stations operating, emulating Hallmark, which is showing nothing but cheesy Christmas movies starring B and C list actors (Candace Cameron Bure is one of the better known ones) all day long. Is there some significance to this rush to get to Christmas? Is it because everyone is so nasty and hostile that there is some kind of collective yearning for peace on earth and good will toward men, womyn and non-binary trans-pan-sexuals to arrive by cultural fiat? My wife is betting that the effort will just make everyone thoroughly sick of Christmas by the time we get there. Elmo learned, in a Sesame Street Christmas Special, that if every day is Christmas, nothing is.

But I digress…The reason I noted this was that I just heard Kelly Clarkson’s “My Grown-Up Christmas List” on the “Holiday Traditions” channel (I deemed it a better bet than The Doors, and “:Please Mister Custer”) and finally listened to the lyrics:

So here’s my lifelong wish
My grown up Christmas list
Not for myself but for a world in need
No more lives torn apart
That wars would never start
And time would heal all hearts
And everyone would have a friend
And right would always win
And love would never end, no
This is my grown up Christmas list.

Yeesh. Those are grown-up wishes? They are if “grown up” means ten-years-old.

Or you’re John Lennon.

I. One more ominous example of the Left channeling old fashioned totalitarianism..I knew that San Francisco was erecting a mural dedicated to the Climate Change Bullies’ own  Joan of Arc, creepy Greta Thunberg, but I didn’t realize how huge it was going to be. The conservative satire site the Babylon Bee joked that her eyes would be equipped with lasers to zap SUVs, at least I thought it was a joke. Legal Insurrection writes, 

Instead of focusing on issues of sanitation, job creation, or at least ensuring there are more high school students than drug addicts in the city, activists have chosen to honor Swedish “climate crisis” activist Greta Thunberg with a giant mural that will grace the skyline.

Andres “Cobre” Petreselli, an internationally renowned artist, is painting the activist teen with big blue eyes and a Mona Lisa smile.

The mural is still a work in progress, as Cobre is spending his days hoisted high up on a platform about 10 stories above Mason street, on the side of the Native Sons building near Union Square.

Thunberg is the 16-year old from Sweden who has inspired young people all over the world to take to the streets and let older people know they want climate change to be taken seriously.

“What I want from people is to realize have to do something for the world,” Cobre said. “Otherwise, it’s going to be the beginning of our extinction.”

Yikes. Continue reading →

Comment Of The Day: “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored…” (Item #4)

/ Jack Marshall / 12 Comments

When I read the headline about the reversal of the name-change for the old boulevard in Kansas City, I was secretly hoping it would be because of recent credible revelations that Reverend Martin Luther King had facilitated a rape, and worse. In May, King biographer David Garrow unearthed previously classified FBI documents showing that King was a bad guy in private by any measure, even using a Donald Trump or a Bill Clinton standard. I had written at the time,

“I want to see the ignorant, doctrinaire college students, progressive history censors and pandering politicians face this crisis and either live up to their alleged virtues and censorious standards, or admit that they were dead wrong, as I and many others have been saying all along….

As a civilization, we must recognize and honor the many, many men and women of all races and origins who have made humanity better by their public deeds, intellectual advancements and accomplishments in civic life, war and peace. Few of them, if any, did not have serious flaws or engage during their lives in conduct that today, or even in their own times, would be considered reprehensible. Using these acts, and solely these acts, to assess which historical figures are worthy of being remembered by future generations leads to a societal suicide, embracing a culture without heroes or aspirations.”

I was thus hoping that the statue toppling side of the political spectrum was being forced to sample some of its’ own  medicine, and that King had lost an honor using the same, misguided principle that had the Democrats removing the names of their party’s founders, Jefferson and Jackson, from their annual dinners. Sauce for the goose, sauce for the gander, and perhaps when the gander realizes it’s bitter and stupid sauce, it will smarten up.

No such luck. It doesn’t seem as if King lost his street because he was a sexual predator, just because more Kansas City voters than not thought the old name shouldn’t have been changed in the first place

Steve-O-From NJ, however, does seem to be right about double standards where honors are concerned.

Here is his Comment of The Day on #4, the Kansas City Street Name Battle, in the post, “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot”…

[Incidentally, has anyone read any hint of acknowledgment from the U.S. media, African-American groups or the NAACP that Garrow’s information raises a question about the propriety of honoring Dr. King? Neither have I….]

After two years of statue-toppling and other attempts to erase history, it should come as no surprise that eventually someone should suggest yanking something down dedicated to some darling of the left. The fact is that no city is REQUIRED to have a street named for King, nor is any citizen REQUIRED to honor him. In fact, as has been pointed out here, MLK was far from a saint in life, particularly with regard to his poor treatment of women. There is enough reason to criticize him to justify questioning why he should be honored at all, particularly in light of the current attacks on other (much more significant and influential) historical figures such as Columbus and Jefferson.

Of course the Left, and the black community in particular, doesn’t see it that way. If you’re lucky, they’ll just give you a non-answer, to the effect of the one is nothing like the other. If not, they’ll accuse you of being a racist, not because you said something affirmatively racist, but because you failed to give what they believe is proper deference to one of their icons. Continue reading →

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

/ Jack Marshall / 5 Comments

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading →

Netflix’s “The Laundromat” And Money Laundering Ethics

/ Jack Marshall / 2 Comments

Now streaming on Netflix, “The Laundromat” is an entertaining and flamboyant  examination of the phenomenon and roots of international money laundering, brought to us by director Steven Soderbergh (“Erin Brockovich,” “Traffic”) using a screenplay by Scott Z. Burns. The often tongue in cheek film is narrated by actors Gary Oldman and Antonio Bandaras playing lawyers Jürgen Mossack and Ramón Fonseca , whose now defunct firm set up tax shelters and shell corporations for the rich, corrupt and criminal  all over the world. Their empire was shattered by the Panama Papers data dump in 2016.

The film’s tone veers from smug to blunt as it focuses on three adaptations of true stories involving  Mossack Fonseca clients, all narrated by the excuse- and rationalization-spouting lawyers, the real life versions of which tried to sue to halt the production.

“The Panama Papers” as they are now called consisted of 11.5 million leaked documents that detailed financial and attorney–client information for more than 214,488 offshore entities, many of which were legal, but that supported fraudulent schemes and other crimes.  The documents were the property of  Mossack Fonseca. Even now, the fall-out from the release of the documents is unclear, in large part because so many of them involve attorney-client privilege, and the rules and laws governing their legal handling are spread over many nations, laws and ethics rules. The leak itself was a crime, and the hacker responsible, who goes by the name of “John Doe,” has never been identified.

This is an international ethics train wreck, and one that is so complicated that I didn’t cover it in 2016. That was ethics commentary malpractice on my part, I think. It was the biggest ethics story of the year, even if it is still largely unresolved.

Whether the law firm itself broke any laws is still a matter of debate. As Oldman and Bandaras constantly remind us, Mossack Fonseca set up arguably legal structures, and, they claim, didn’t know or care how they would be used. This is still a gray area of legal ethics in the U.S., one that was highlighted when “60 Minutes” broadcast its Global Witness episode in 2016 . Partners in eleven large Manhattan  law firms were caught on hidden cameras  exploring possible ways to represent an individual posing as the agent of an “African despot” seeking ways to launder millions of dollars. The ethics rules say that a lawyer may not knowingly assist a client in a crime or fraud, but contrived ignorance can be an effective, if unethical, device for lawyers to avoid  accountability when representing  unsavory (but profitable) clients.  Remember, Enron’s law firm avoided any sanctions, while the company’s accounting firm, Arthur Anderson, was prosecuted and destroyed.

No, Ethics Alarms didn’t cover the Global Witness scandal either, though I have talked about it in legal ethics seminars ever since. Clearly, money laundering has not had proper priority here. Again, my fault. I’ll do better. Continue reading →