Ethics Train Wrecks

Robert Mueller’s Disastrous Testimony And Its Significance, Part One

/ Jack Marshall / 25 Comments

A transcript of the testimony is here.

The amazing thing is that the Democrats held the hearings at all. Mueller, as a matter of legal ethics and client confidentiality, was severely limited regarding what he  could say beyond what was already in his investigation’s report. Desperate to gain some public relations traction in their endless, nation-rending determination to end a legal and duly elected Presidency without the inconvenience of an election, one can only surmise that Mueller’s ethically problematical press conference led them astray, and not only astray, but into a disaster of their own making.

The first hint that something was amiss was Mueller’s request that an aide sit by him and assist in his testimony. That was not only unusual but ominous, and the Republicans on the committee quickly rejected it. Once Mueller started answering questions, it was painfully clear why this request had been made. He looked disoriented and confused. The 75-year-old Justice Department veteran had to ask committee members to repeat their questions repeatedly, as if he was having difficulty focusing. He often did not know whether the representatives were asking him questions or if they were reading from his own report. In  the first 90 minutes of the hearing, Mueller asked for clarification of questions more than 10 times. Under questioning from Rep. James Sensenbrenner (R-Wisc.), Mueller asked: “And where are you reading from on that?” “I’m reading from my own question” was the answer.  “Then can you repeat it?” Mueller asked. The audience laughed. By the end, the audience had stopped laughing. As Obama strategist David Axelrod tweeted, the performance was “painful” to watch.  Mueller asked Rep. Sheila Jackson Lee to restate her question three times.  Rep. Matt Gaetz (R-Fla.) asked the 14 word question, “Attorney #2 in the Inspector General’s report and Strzok both worked on your team, didn’t they?” and Mueller appeared to be confused by it.“Pardon me?” Mueller replied. After Gaetz restated his question, Mueller replied: “And the question was?” Asked by Head Trump-hunter Judiciary Chairman Jerry Nadler (D-N.Y.) to explain what his investigation  found “in plain terms,” Mueller answered: “Well, the finding indicates that the president, uh, was not, uh, the president was not exculping, uh, exculpated, uh, for the acts that he allegedly committed.”

Ah! Well thank you, sir, that explains everything! Nadler looked as if he wanted to start banging his head on the table.

Continue reading →

MSNBC Legal Analyst Tweets Fake News, Social Media Makes It Viral, Prof. Turley Makes Excuses. Yecchh. [UPDATED]

/ Jack Marshall / 17 Comments

First, MSNBC legal analyst Joyce Alene Vance sends out the completely false tweet above. Of course Fox News covered the hearing. Why would she do that? Is it because she works for all all-anti-Trump-spin all the time network? Or is it because she’s a hard core partisan, having been an Obama U.S. Attorney? Maybe its because she’s not a journalist, and has no idea what kind of standards journalists are supposed to use before reporting “news.” Then again, virtually nobody at MSNBC appears to know what ethical journalism is.

Whatever the reason, she tweeted it, and immediately confirmation bias set in, with such sophisticated political analysts as horror novelist and well-established Trump-hater Stephen King helping to spread the word–three “words,” really: Fox won’t report news unfavorable to Trump, Trump is afraid of the Mueller Report (never mind that anyone’s been able to read it for months) and that Mueller’s testimony was going to be a likely calamity for the President—to his more than 5 million followers.  [NOTE: It wasn’t. It was a calamity for “the resistance” and Robert Mueller’s reputation]

Here’s King:

Continue reading →

Morning Ethics Warm-Up, 7/24/2019: More Wild Animal Ethics, And Wild Al Franken Follies

/ Jack Marshall / 5 Comments

Good Morning!

That’s called “morning rush hour” in Yellowstone…

1. Child services, please! Recalling the scofflaw fool who was kicked in the cajones by a wild horse he was supposed to avoid touching, we have this story in the Washington Post, about a bunch of tourists who defied Yellowstone National Park rules until this happened…

Wow! That’s the gold medal in the Bison Olympics “Little Girl Toss” for sure. She was treated and released, but her parents should be prosecuted. In the category of Rationalization #22, “There are worse things,” here’s a comment on the Post story, flagged by Ann Althouse:

I grew up about an hour outside of Yellowstone and have spent many happy years in the park. I now live on the east coast, but try to go back every few years. Every single time I’m in the park, I see people doing the stupidest, most dangerous things. The last time, I was leaving the Old Faithful Inn after supper and noticed a small herd of bison hanging around. (A very common sight) Not being a complete idiot, I decided to take a different path back to our campground, a path and would not take me near the bison. Then I noticed a man with his small child heading toward the herd. I stopped him and warned that he might want to stay away, particularly with his child. He told me to f-off and kept walking. I watched as he got very close to the first bison and then saw him pick up his child and start to try to put the kid on the back of the bison. A bunch of other people started shouting and I ran for a ranger. Thankfully, the ranger managed to stop the idiot before tragedy. Unusual? Not really!

2.  Can #MeToo survive progressive hypocrisy? Personally, I hope so. Sexual harassment is a massive problem; I keep telling my legal ethics audienbces that the legal profession’s Harvey Weinstein will be exposed any time now, and probably will lead to many Harveys-at-Law. However, the more the movement is weaponized for political expediency, the less credibility it has. Continue reading →

Unethical Quote Of The Week, And Incompetent Elected Official: Senator Cory Booker (D-NJ)

/ Jack Marshall / 42 Comments

“My testosterone sometimes makes me want to feel like punching [Trump], which would be bad for this elderly, out-of-shape man that he is if I did that — a physically weak specimen.”

U.S. Senator—yes, that’s Senator, not “junior high locker room blow-hard”—Cory Booker, on “Late Night with Seth Meyers.”

How statesmanlike and dignified. How elevating to the public discourse. How respectful to our institutions. What a fine example of civility to pass on to the young. How substantive and intellectually edifying. And what a factually ridiculous assertion: Trump’s energy at 70+ is remarkable, as the seven day a week regimen of any President would floor many a younger man.

Booker might be able to beat up several of the women running against him for Congress, as well as ancient Joe Biden and Bernie Sanders. I’m surprised he is boasting about that. It’s pretty much the extent of his claim to be any better candidates than they are, and they’re nothing to cheer about.

What a stunning dimwit this man is, to think that pandering to Seth Myers’ foolish audience by spewing ad hominem insults and posing as some kind of warrior by saying what he would like to do but never would [Blogger Jim Treacher: “Let’s take a moment to imagine any Republican going on national TV and saying something like this about a Democratic POTUS. And let’s take another moment to contemplate the amusing idea of Cory Booker possessing testosterone….”] enhances his status as a worthy candidate for the Presidency.

He’s not even an honorable member of the Senate.

Morning Ethics Eye-Opener, 7/22/2019: Boycotts, Bushes, And Weenies

/ Jack Marshall / 40 Comments

Mornin’!

Just trying to think about ethics while I sit calmly by the phone…my doctor wants to tak to me about something. I’m hoping it’s the Red Sox…

1. There is hope: the latest cable ratings show that CNN’s  Brian Stelter’s slot “Reliable Sources” has lost more about 42% of its audience in the last six months. This indicates people must recognize a fake ethicist when they see one. Unlike his predecessor, Howard Kurtz (who had his own problems), Stelter refuses to focus any media criticism on his own network, which is one of the prime journalism ethics offenders extant, and his obsession with Fox News is nearly Media Matters-like. In short, he’s a biased, partisan hack, highlighted by his risible claim that the news media (and sainted CNN, of course) covered the Mueller investigation objectively.

The rotting American mainstream news media desperately needs  objective, credible qualified critics. What it does not need is a fake authority like Stelter, and it is encouraging to see that the audience is reacting accordingly.

2. A Party of Assholes. This is nice: Here’s the statement issued by Virginia Senate Minority Leader Dick Saslaw, Senate Democratic Chair Mamie Locke, House Minority Leader Eileen Filler-Corn, and House Democratic Chair Charniele Herring regarding the upcoming commemoration of the 400th anniversary of the Jamestown settlement.

We will not be attending any part of the commemorative session where Donald Trump is in attendance. The current President does not represent the values that we would celebrate at the 400th anniversary of the oldest democratic body in the western world. We offer just three words of advice to the Jamestown-Yorktown Foundation: ‘Send Him Back.’

There we see the priorities of the great mass of the Democratic Party since the 2016 election, in which marginalizing the elected President and insulting him (and, not incidentally, his office) at every opportunity for illusory political gain has taken precedence over the best interests of the nation.

I also strongly doubt that the President’s recent deliberately provocative tweets changed anything, as Democrats have been boycotting events where he was scheduled to participate for three years, beginning with his inauguration. They would have found some reason to do this, even without the tweets.

In contrast, at least one Virginia Democrat understands her duty. US Rep. Elaine Luria, a Democrat representing Virginia’s 2nd District, said

I will attend the Jamestown 400th anniversary of the founding of democracy in America because our democracy is not about the President or Congress—as President Lincoln said, “it is a government of the people, by the people, for the people and it shall not perish from this earth.”

I guess they’ll be calling her a racist now…. Continue reading →

What Is Justice For Kevin Spacey?

/ Jack Marshall / 24 Comments

 Prosecutors in Massachusetts this week dropped a sexual assault charge against the actor Kevin Spacey, in the only case against the alleged serial sexual harasser to be brought to trial. Mr. Spacey was accused of fondling an 18-year-old man at a Nantucket restaurant three years ago, one of the few of the accusations against him that wasn’t too old to try and that involved criminal conduct. The accuser’s lawyer said that a smartphone being sought as evidence by the defense  had disappeared, then the accuser invoked the Fifth Amendment after being warned that he could be charged with a destroying evidence, a felony if he had deleted contents on his phone. When the young man continued to assert his right against self-incrimination,  the Cape and Islands district attorney announced that it was dropping the prosecution “due to the unavailability of the complaining witness.” There wasn’t much choice.

Spacey’s far from out of the metaphorical woods. Around the same time as the Nantucket accusation, the Old Vic theater in London announced that 20 people had  accused Spacey  of inappropriate behavior  during his 11-year stint as the theater’s artistic director. There is another investigation in Los Angeles.

So now what? None of the allegations against Spacey have been proven, though, as with Bill Cosby, the sheer number of them leave little doubt—but still some— that he is a serial sexual predator. Spacey’s own house of cards began falling when actor Anthony Rapp gave an  interview to BuzzFeed accusing Spacey of assaulting him at a party when Rapp was only 14.  The accusation was never proven, but suddenly more stories of sexual misconduct in the workplace and elsewhere started surfacing regarding Spacey. (There is a lot about Spacey’s conduct and problems on Ethics Alarms, here.) Continue reading →

And The Flag Is Still There: Goodbye To Plan K!

/ Jack Marshall / 51 Comments

[Reps. Alexandria Ocasio-Cortez (N.Y.), Ilhan Omar (Minn.), Ayanna Pressley (Mass.) and Rashida Tlaib (Mich.) probably hate that unrestrained video, and Megan Rapinoe would walk out on it.  And that, in the end, is why they and their supporters are going to lose]

From the The Complete Presidential Impeachment or Removal Plans A-Q (Updated 7/18/2019) below:

Plan K: Election law violations in pay-offs of old sex-partners

Now from the New York Times today:

“Federal prosecutors signaled in a court document released on Thursday that it was unlikely they would file additional charges in the hush-money investigation…. that ensnared members of Donald J. Trump’s inner circle and threatened to derail his presidency. In the document, the prosecutors said they had ‘effectively concluded’ their inquiry, which centered on payments made during the 2016 presidential campaign to buy the silence of two women who said they had had affairs with Mr. Trump…. The president’s former lawyer, Michael D. Cohen, was convicted in the case. He has said he helped arrange the hush money at the direction of Mr. Trump, and prosecutors have repeated the accusation in court papers. Mr. Cohen is serving a three-year prison sentence.”

It’s fun watching the anti-Trump media try to spin this. Here’s AOL:

“The FBI believed then-candidate Donald Trump was closely involved in a scheme to hide hush-money payments to adult film star Stormy Daniels, who claimed an affair with Trump, court documents from the closed campaign finance case against former Trump-fixer Michael Cohen show.

The documents, released Thursday, describe a “series of calls, text messages, and emails” between Cohen, Trump, Trump campaign aide Hope Hicks, Keith Davidson — an attorney for the woman, porn star Stormy Daniels — and David Pecker, an executive of the company that published the National Enquirer.”

Oooh, “scheme.” That sounds sinister and illegal, but paying off old adultery-enabling sex partners who are threatening to embarrass you when you’re a public figure is business as usual for people like Donald Trump (and Jack Kennedy, and Bill Clinton, and so on) and it isn’t illegal. Nor is lying about whether such relationships ever existed, unless it’s under oath or to investigators.

The reason charges aren’t going anywhere is because the theory that this was an election law violation, or that if it was, it was sufficiently dire to be impeachable, was always a ridiculous stretch. Michael Cohen, who promised to be the worst and most unreliable witness of any lawyer in history if this ever reached trial, had been persuaded to plead guilty to a non-crime as part of his plea deal, purely to assist the quixotic effort to make the politically motivated case that an individual running for President doing exactly the same thing that he would have done had he not been running for President was violating federal elections laws despite the fact that no law prohibits that act. Continue reading →

Prosecutorial Ethics: Not Charging The Police In The Eric Garner Case Is The Right Ethical Decision…

/ Jack Marshall / 8 Comments

…and trying any of the officers involved would be unethical.

Naturally, Eric Garner’s family immediately is attacking  the decision of the Justice Department today not to bring federal charges against  the New York police officers whose ugly and violent arrest of Eric Garner in 2014 led to his death. This incident came in the midst of several high-profile police shootings following the triggering Trayvon Martin killing, and led directly to the emergence of Black Lives Matters as well as launching one of several catch phrases connected with the movement, “I can’t breath.”

The Department of Justice took a long time reviewing the incident and the evidence, and could not determine that Officer Daniel Pantaleo willfully committed misconduct, an “essential element necessary to bring federal charges,” a senior department official told reporters at a briefing today. Considering all the elements of the  crime required to be proven under the law, the DOJ official said, the conclusion was that  the police conduct did not “fit within the statute.”

In deciding not to bring charges, U.S. Attorney General Bill Barr sided with federal prosecutors in Brooklyn. The  Justice’s Civil Rights Division had favored bringing charges.

The main problem facing the Justice Department and the New York prosecutors was that a conviction would be unlikely, making a prosecution more of a show trial than a real one, much like the George Zimmerman trial for allegedly murdering Martin. That trial was brought unethically to slake activist thirst for vengeance against Martin’s shooter, despite the glaring  evidence indicating self-defense. Prosecutors may not use the process itself to punish citizens. If a trial can’t be won, or if the justification for charges are dubious, then it is professional misconduct to bring them.

Were police negligent and reckless in using such aggressive measures to bring down a suspect who was resisting arrest? Absolutely, and this was addressed, as it should have been, in a civil trial. (Garner’s family was awarded 4 million dollars from the city.) Did the cops intend to kill Garner? It takes real anti-police bias to conclude that. The video shows a huge, morbidly obese man resisting arrest by a group of much smaller officers, who pretty evidently over-reacted. Although the ME attributed Garner’s death to “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police,” the defense in a criminal trial will have no trouble finding persuasive expert testimony to the effect that what ultimately killed Eric Garner was his weight and poor health. Continue reading →

From The Ethics Alarms Archives: “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia”

/ Jack Marshall / 18 Comments

Here’s an Ethics Alarms post about a story from 2016 that takes on some new elements when considered in light of #MeToo and the Harvey Weinstein Ethics Train Wreck. I’m wondering if Madonna would do this today.

Let’s review the players, shall we?

This is Josephine Georgiou, Isn’t she pretty? She was 17 in 2016.

This is Madonna, performing on stage in Australia. during her2016 concert tour.

She was and is over-the -hill and  has to be progressively more outrageous  to try to justify her concert ticket prices. During the 2016 tour, she was repeatedly late, suspected of being drunk on stage, and generally erratic. Her enabling supporters attributed this to a messy divorce. Of course, for a professional, that is no excuse: if you can’t do the job, then don’t charge people for you to do it.

Here is Josephine with a friend before they attended Madonna’s concert in Brisbane. Note Josephine’s outfit.

Note the nipple rings.

Forget the friend, and no, I have no clue as to what Josephine was holding. Maybe they have very small flies in Australia….

Now here is Josephine with her Mom, Toni, who also was at the concert.

More about her later. OK, I think we’re ready now. Fasten your seat belts, it going to be a bumpy trip down memory lane. Here’s “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia” from March 19, 2016…
Continue reading →

Unethical Quote Of The Week: Democratic Presidential Candidate, Washington Governor Jay Inslee

/ Jack Marshall / 17 Comments

Ladies and Gentlemen, the next Secretary of State…No, really! I’m serious! I wouldn’t kid about something like that!”

“My first act will be to ask Megan Rapinoe to be my secretary of state. I haven’t asked her yet so this could be a surprise to her.I actually believe this because what I think what she has said that has inspired us so much is such an antithesis of the president’s foreign policies.”

Washington Governor Jay Inslee, a declared candidate for the Democratic Party’s nomination for President in 2020, before the progressive Netroots Nation conference

And you thought President Trump’s appointments have been bad!

So it’s come to this, has it? Megen Rapinoe is a soccer player, and nothing but a soccer player. She played soccer to the subordination of everything else in high school and college. She has no academic credentials, proven expertise, experience or even interest in government, diplomacy and foreign affairs, and a supposedly serious candidate for President states that he would appoint her as his Secretary of State.

How can we explain this? Could he have been joking? It’s not funny by any analysis. It is horrifying, in fact. Still, candidates for office don’t typically say “my first act” if elected will be to do something if they have no intention to do such a thing and everyone realizes it. That’s insane; it’s both a lie and a transparent lie.  It is an insult as well: the statement says that the candidate thinks the public is so box-of-rocks stupid that they will believe utter nonsense.In addition to everything else that’s wrong with it, Inslee’s stated “first act” would be futile. Even Democrats aren’t so far gone that they would vote to confirm a Secretary of State nominee with the worst credentials of any Cabinet nominee in U.S. history—yes, even worse than Ben Carson, and I didn’t think that was possible. Continue reading →