Ethics Train Wrecks

Oh-Oh. Here Come the Robo-Judges…

/ Jack Marshall / 6 Comments

Google “AI judges” and you will see many links to news articles and even scholarly treatises about the use of artificial intelligence in the judiciary. There are already bots trained as “judicial opinion drafting tools,” and manuals written to help judges master them.

There have already been incidents where judicial opinions have been flagged as having tell-tale signs of robo-judging, and at least two judges have admitted to using AI to prepare their opinions.

I hate to appear to be a full-fledged Luddite, but I am inclined to take a hard line on this question. The title “judge” implies judgment. Judgement is a skill developed over a lifetime, and is the product of upbringing, education, study, observation, trial and error, personality, proclivities and experience. Every individual’s judgement is different, and in the law, this fact tends to imbue the law with the so-called “wisdom of crowds.” There will be so many eccentric or individual analyses of the troublesome, gray area issues that cumulatively there develops a learned consensus. That is how the law has always evolved. In matters of the law and ethics, an area judges also must often explore, diversity is an invaluable ingredient. So is humanity.

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James Comey Is Indicted. I’d Love to Say “Good,” But I Can’t

/ Jack Marshall / 10 Comments

There is evidence that former FBI director James Comey leaked information to a third party to ensure that it reached the news media—a legal breach—and lied to Congress. Is it strong enough to meet a beyond a reasonable doubt threshold? Maybe not.

He is still an ethics villain. Comey managed to make hash out of the 2016 election, first refusing to charge Hillary Clinton for a crime that he—falsely—claimed other, lesser officials had never been charged with, and then tried to make up for handing Hillary a “Get out of the negative headlines free” card by opening a new investigation even closer to the election sparked by the appearance of some of Hillary’s emails on her assistant’s boyfriend’s computer. Comey was the epitome of the “Deep State” embedded foe of President Trump—you will recall that he recently approved of the legend 8647, as in “Kill President Trump,” in a social media post. A a fan of ethical government and democracy, I am not sorry to see some adverse consequences coming Comey’s way. As a legal ethicist, I am dubious about the indictment.

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The Trump-Epstein Statue Mini-Ethics Train Wreck

/ Jack Marshall / 8 Comments

[Before I return to my own blog after circumstances beyond my control left me unable to post for most of yesterday, I want to thank the EA commentariate for coming through with a stellar performance on yesterday’s emergency Open Forum. I expected nothing less, but the range of posts and topics was dazzling.]

I missed the Mall statute controversy until this morning. Here is the statue, which was only on display for a day before the National Park Service took it down:

Nice.

A permit for the thing was approved on September 16, and originally authorized the disparaging statue to remain on display at the National Mall until 8 p.m. ET this coming Sunday. A plaque beneath the bronze figures of the late convicted pedophile and sex trafficker and the President of the United States read: “In honor of friendship month, we celebrate the long-lasting bond between President Donald J. Trump and his ‘closest friend’ Jeffrey Epstein,” followed by a silhouette of two hands making a heart shape. The stated purpose of the artwork was “to demonstrate freedom of speech and artistic expression using political imagery.” That was deceit. The purpose of the statue was to promote the desperate Axis talking point that President Trump was involved in Epstein’s criminal activities, of which there is no evidence whatsoever and has never been any evidence.

Again, nice.

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Sunrise Open Forum & a Few Topics To Consider [Expanded]

/ Jack Marshall / 51 Comments

I’m in Richmond, preparing to do a 3 hour legal ethics CLE seminar for one of my last remaining live presentation clients since the stupid Wuhan virus lockdown ruined my business, along with oh, so much else. (Thanks, CDC! Thanks, teachers! Thanks, Democrats! Thanks, “science.” Thanks, fear-mongering news media! Assholes….) I barely have time to wake up after a long drive in the wee hours last night from Alexandria, so I’m going to have to rely on you, dear readers, to keep things lively while I am otherwise occupied.

One thing to look forward to:EA will launch a new regular column authored by our alien philosopher, Extradimensional Cephalopod! We have had two other attempts at a regular column to inject diverse (ooo, that word!) ideas and opinions here beyond the guest posts and Comments of the Day, both evaporating for various reasons, in the case of the most recent contributor, incipient insanity. “Curmie’s” Trump Derangement proceeds apace: in his latest post, he declares that “There is no such thing as free speech if a state employee can be fired for saying something someone in power finds distasteful.” This is nonsense, as the Curmie I knew would have quickly pointed out. “Distasteful” is a deliberately and deceitfully vague term: any 12-year-old could probably imagine dozens of “distasteful” comments that a government employer could justifiably decide are intolerable from an employee. The courts agree, you know.

In other news, France and other U.S. allies decided to make terrorism great again, rewarding Hamas for its October 7 attack on Israel by “recognizing” the non-existent Palestinian state. President Trump correctly excoriated those nations at the U.N.

Meanwhile, in more important news, Major League Baseball announced that the new robo-strike calling system will indeed be instituted next season. It’s about damn time. In the game I listened to on the way to Richmond (Boston defeated Toronto, 4-1), the announcers admitted that the home plate umpire was missing calls all through the game. “Well, that pitch was well off the plate, but that’s how he’s been calling strikes all night!” Boy am I sick of that.

Finally, a “The Unabomber was right” note. My new Apple smartphone wouldn’t allow me to set an alarm for this morning as insurance against the hotel skipping my wake-up call until I signed up for its “health app,” which took 8 screens, and ended up telling me that I shouldn’t get up when I wanted to.

Well, wish me luck. I have about 150 Virginia lawyers to make ethical this morning, only 14 of them in person. %$#@!& lockdown….

Added: Oh, I forgot: Disney relented and let Jimmy Kimmel back on the air last night. Oh, so what? If ABC wants to have a late night show hosted by a not-too-bright, occasionally funny, progressive scold lose money, that’s their choice. The President should shut up about it; he just gives Kimmel significance and attention that his meager talent doesn’t justify. And threatening ABC for its broadcast content is beyond stupid, as well as unconstitutional. Trump’s thin skin regarding criticism is a serious weakness, but as with the others, he appears incapable of ameliorating it.

Most Fascinating Ethics Quote of the Year: President Donald Trump

/ Jack Marshall / 20 Comments

“He did not hate his opponents. He wanted the best for them. That’s where I disagreed with Charlie. I hate my opponent and I don’t want the best for them.”

President Trump, in his eulogy for assassinated conservative activist Charley Kirk at the massive memorial service in Phoenix

Can a quote be both ethical and unethical at the same time? You have to hand it to Donald Trump: his statement above at the Kirk memorial service had progressive heads exploding all over the map, and some conservative heads too. It was a genuinely provocative line, rich with contradictory meanings and implications. Did the President intend it that way? Who knows? They will be arguing about Trump’s brain in history and psychology tomes for a hundred years. I find myself hearing Wilford Brimley’s voice echoing through my brain in his iconic scene from “Absence of Malice”: “Mr. Gallagher, are you that smart?” Except in this case, it’s “Mr. Trump.”

Of course the line triggered the Trump-Deranged into self-identification, as with this guy…

But Trump didn’t say he hated half the country. Now Joe Biden came a lot closer to doing that when he accused Republicans of being fascists who are existential threats to democracy, though it was in a national speech to the nation not a memorial service. (I think that’s worse, myself.) We can’t be sure whom Trump regards as his “opponent.” Those who want him dead, as about a quarter of all Democrats according to one poll? Those who tried to impeach him twice and put him in prison using contrived prosecutions? Those who call him Hitler? The journalists and pundits who have been lying about him since he was elected in 2016 and before? Continue reading →

Charlie Kirk Assassination Ethics Train Wreck Update, 9/21/2025

/ Jack Marshall / 13 Comments

I have to say that I’m pretty sick of hearing and reading about Charley Kirk. The hagiography on the Right and the desperate spinning from the Left, which fears, with considerable justification, that the activist’s assassination will be a devastating tipping point that will doom their prospects in the 2026 election, are both relentless. The Kirk memorial service i is being compared to a state funeral, and that diminishes the tradition and the status of state funerals. Whatever Kirk was, he was not a national public servant. He wasn’t Charles Lindbergh either. The Democrats approached this level of creating exaggerated status when they held a Capitol Rotunda viewing for a Capitol police officer on the pretense that he was killed by the mob on January 6, 2021. He wasn’t, but the charade was all part of the coordinated effort to demonize Republicans, just as the deification of Kirk, a partisan organizer, is a Republican effort to show that the American Left approves of and encourages violence as a political weapon. (It does, you know.)

The obvious comparison is with George Floyd, but like most obvious comparisons, it’s not valid. To begin with, there really are good reasons to mourn Kirk. George Floyd was a blight on society, if an insignificant one. His ambiguous death was brilliantly exploited despite the fact that it signified nothing except that some cops aren’t very good at their jobs (we knew that). Floyd’s death didn’t result from racism or bigotry. Sure, the lifetime petty crook and drug addict’s life “mattered,” but it didn’t matter enough to him to do something positive with it. Also, to state the the most vivid distinction, conservatives didn’t use Kirk’s murder to go on a destructive nationwide “mostly peaceful demonstration” spree resulting in billions of dollars in damage, over 30 deaths, and the disruption of daily life for Americans who had nothing to do with Floyd’s demise.

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I May Have To Retract My Official Dislike of Memes in the Wake of the Charlie Kirk Assassination Ethics Train Wreck…

/ Jack Marshall / 5 Comments

The internet memes below mocking the Axis of Unethical Conduct response to the Charlie Kirk assassination and the hypocrisy of its Jimmy Kimmel firing protestations are devastating. I’m wrestling with myself not to post them all to Facebook with the legend, “Suck on this, you deluded fools!” just to watch about 250 Trump-Deranged Facebook friends’ (including poor Curmie) heads blow-up, and have them all unfriend me, thus ensuring that I live out the rest of my days lonely and unloved, but satisfied.

The conservative Powerline blog, under the administration of lawyer John Hinderaker, provides a collection of the best of the week’s memes every Saturday. He has taken over the feature since his original Meme Master quit or left or died or something, and it hasn’t been as exhaustive or as reliably hilarious since, but this one, dubbed the “The Week In Pictures: Party of Peace Edition,” is a classic: funny, merciless, and best of all, true. Not every meme included is a gem, but from the documented hypocrisy of Kimmel himself and his defenders, to the joy of watching the Left turn on Disney, to, oh, so much more that is nauseating as the “party of peace” tries to spin its way out of its accountability, collectively they deliver a…well, let the Duke illustrate:

I’m still wrestling…but in the meantime, below are the featured Kirk-Kimmel memes. They have many uses: if your Trump-Deranged relative or freind can’t see these and admit that they raise legitimate points, call 911. The whole thing is here.

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It’s Come to This: a Majority of House Democrats Chose To Avoid Angering Their Radical Trump-Deranged Base Over Appealing To Sane Americans

/ Jack Marshall / 22 Comments

To be fair, Republican had Democrats in a metaphorical head-lock and the assassination of Charlie Kirk gave the Elephants a perfect “gotcha!” Then again, the Democrats and the rest of the Axis of Unethical conduct were begging for their just desserts and are getting it good and hard.

Well, good. Couldn’t happen to a more deserving party.

House Speaker Mike Johnson introduced House Resolution 719 this week and with over 100 co-sponsors, all Republicans. House Minority Leader Hakeem Jeffries (D-New York), Whip Katherine Clark (D-Mass., and Caucus Chairman Pete Aguilar (D- Cal.) all sucked it up and supported the resolution, which, with a sane party, should have been easy. The relevant text read,

Resolved, That the House of Representatives

(1) condemns in the strongest possible terms the assassination of Charles “Charlie” James Kirk, and all forms of political violence;

(2) commends and honors the dedicated law enforcement and emergency personnel for their tireless efforts in finding the suspect responsible for the assassination of Charlie Kirk and urges the administration of swift justice to the suspect;

(3) extends its deepest condolences and sympathies to Charlie Kirk’s family, including his wife, Erika, and their two young children, and prays for comfort, peace, and healing in this time of unspeakable loss;

(4) honors the life, leadership, and legacy of Charlie Kirk, whose steadfast dedication to the Constitution, civil discourse, and Biblical truth inspired a generation to cherish and defend the blessings of liberty; and

(5) calls upon all Americans—regardless of race, party affiliation, or creed—to reject political violence, recommit to respectful debate, uphold American values, and respect one another as fellow Americans.

Only ninety-five Democrats had the sense to back the resolution even though the vast majority of Americans wouldn’t read the text and would just see it as a routine rejection of political violence and an expression of regret over the death of a murder victim. Thirty-eight Democrats voted “present,” 58 voted against the resolution, and 22 did not vote at all. That’s 117 who objected to the existence of Charlie Kirk so much that they were unwilling to support a resolution condemning political violence.

In June, the House unanimously passed a resolution honoring Minnesota House Democrat Leader Rep. Melissa Hortman and her husband Mark after they were murdered, while also condemning political violence. There were no Republican dissenters. But the Hortmans hadn’t played a part in defeating a grand scheme to remake the nation, the government and its culture like Charlie Kirk had. The Mad Left hated him and hates him still, hence today’s vote. Res ipsa loquitur.

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Stop Making Me Defend (Ugh) Jimmy Kimmel!

/ Jack Marshall / 30 Comments

Believe it or not, this isn’t the first time I have used that headline. I also used it in 2017 in a post I began thusly: “I detest Jimmy Kimmel. I loathe him. He is the most revolting of all the Left-Licking late night and cable progressive comics, worse than Colbert, Maher, Samantha Bee, all of them. All of them combined. He is an ongoing blight on the ethics of American society, and yet he is self-righteous in the process.” My opinion of Kimmel has, if anything, deteriorated since I wrote that.

Nonetheless, fair is fair and ethics are ethics, and Kimmel’s suspension by ABC for a comment that was so much less objectionable than his biased, unfunny, obnoxious blather nightly is cowardly and indefensible.

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Boy, And I Thought The Last Times Op-Ed I Criticized Here Was Bad! Peter Baker Says, “Hold My Beer”!

/ Jack Marshall / 3 Comments

If you can read the crap the Times’ Peter Baker threw at us in “In an Era of Deep Polarization, Unity Is Not Trump’s Mission” without getting the dry heaves and being tempted to destroy you computer screen with a hammer, you have a piece missing. Its subhead: “President Trump does not subscribe to the traditional notion of being president for all Americans.” KABOOM. Head exploded, brains on walls and ceiling. How date Baker write that? How dare the Times print it? This is simultaneous smoking gun evidence of Trump Derangement, incurable bias, and denial of reality. The gift link is here. Have a bucket nearby. Here’s the gift link. I don’t think the opportunity to read such malign, intellectually dishonest junk is truly a “gift.”

To state the obvious, Baker has the utter gall to make his fatuous assertion following a sort-of President who did this…

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