Government & Politics

Re Rudy Giuliani’s “Interim Suspension”

/ Jack Marshall / 24 Comments

rudy_giuliani_ap

New York’s Supreme Court took the draconian step of suspending Rudy Giuliani, former federal prosecutor, former mayor of New York City, and counsel to former President Trump, from practicing law based on his statements, allegation and, in some cases, presentations in court and court documents, regarding the 2020 election and his clients claims that it had been “stolen.” From the opinion:

“For the reasons that follow, we conclude that there is uncontroverted evidence
that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020. These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client. We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee (sometimes AGC
or Committee).”

Note that Giuliani has been suspended before the completion of an investigation of the claims against him, or a hearing, based on a conclusion that the public is literally endangered by the possibility of his continuing to make the same claims that former President Trump and many others are making in public every day. The stated justification for the extremely rare interim suspension is never explicitly made clear: exactly what is the danger to the public that justifies this? The Supreme Court of the State of New York is simply continuing the false narrative that there was a “violent insurrection” by misguided members of the public on January 6 caused by the insistence bythe President and others that the election was “stolen” by the Democrats, and Trump was really elected. Indeed, the Court writes,

“One only has to look at the ongoing present public discord over the 2020 election, which erupted into violence, insurrection and death on January 6, 2021, at the U.S. Capitol, to understand the extent of the damage that can be done when the public is misled by false information about the elections. The AGC [Attorney Grievance Committee] contends that respondent’s misconduct directly inflamed tensions that bubbled over into the events of January 6, 2021 in this nation’s Capitol.”

I shouldn’t have to point out that neither Trump nor any non-lawyers making the “stolen election” claim have been or can be punished by the the Courts or the government, but the New York Bar’s Rules of Professional Conduct can be used to do just that to Giuliani for serving a client the judges don’t like (they are all Democrats). To justify this, the opinion uses the fact that a lawyers’ speech is more subject to regulation than normal citizens because of their “persuasiveness,” and supposed trustworthiness as members of a profession that is forbidden from lying. It bootstraps its argument by noting that the real purpose of the Rules is not to punish lawyers, but to protect the public. That is true, but the purpose is to protect the public from being represented by bad and untrustworthy lawyers, or substantively harmed by lawyers assisting criminal or predatory clients. It is not to muzzle lawyers from making controversial statements in the public square.

This case has been the subject of much debate by my legal ethicist colleagues of late, with a depressing near-consensus that Rudy is getting what he deserves. This is because, I detect, the vast majority of lawyers cannot see through their political biases and Trump hate. At the most simple level, the ruling is premature because contrary to the Court’s certitude, all of the evidence is not in, though the claim that there was widespread election fraud and that the election was “stolen” has for many months been pronounced “a lie” by Democrats and the mainstream media with suspicious vigor.

While the Giuliani opinion makes a convincing case that many of Giuliani’s statements, including some made to courts and government bodies, were careless, sloppy, badly sourced, unprofessional and wrong, it cannot be known at this point that his (or Trump’s) general claim is false. If it is not false, then raising doubts among the public cannot be called dangerous to the public. It is more dangerous to keep opinions, arguments and ideas from the public’s awareness “for their own good.”

Thus this is a First Amendment problem. Except for one assertion about the status of a complaint, which he later corrected, Giuliani is not accused of improprieties in court proceedings where he functioned as an advocate. The Court’s focus is almost entirely on Giuliani’s public statements on the radio, in podcasts, on TV shows and news interviews. Alan Dershowitz, along with Jonathan Turley among the very few well-known lawyers (and Democrats) who have managed to maintain their integrity during the nearly five-year attack on Donald Trump, reacted to the interim suspension by telling Breitbart (which I will not link to after being burned to many times),

“I taught legal ethics for, I don’t know, 35 years at Harvard Law school. I think of myself as a leading expert on legal ethics. I’ve never ever seen a case where a lawyer was essentially disbarred … without a hearing. The most basic concept of due process is you don’t deprive somebody of his living, of his freedom, of his ability to work without a hearing. And then the criteria under which they suspended his law license is so vague. It says in the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person. In other words, if he goes on your show, or he goes on my podcast, or he goes on Fox or anywhere else, and he makes a statement which turns out to be false, and he had reason to believe it was false, he could be disbarred. Do you know how many lawyers we’d have left if we applied that standard across the board? … We have case after case after case where prosecutors, defense attorneys, lawyers of every kind, have made statements … which turn out to be untrue, and they’re never disbarred. And certainly not without a hearing. And so, this is a first. …The atmosphere is such today that if you defended President Trump in any way, they’re out to get you. And they’re certainly out to get Rudy Giuliani.”

In other words, the suspension is a politically motivated silencing. I strongly suspect that anti-Trump bias was at the heart of this slap at Giuliani, as Dershowitz says. Turley, in a piece for The Hill, expressed similar concerns:

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Morning Ethics Warm-Up, 6/29/21: Beautiful Morning, Ugly Ethics

/ Jack Marshall / 7 Comments

This date in 1972 witnessed one of the more egregious examples of liberal judges using political ideology and capriciously-applied ethics to avoid following the law. In Furman v. Georgia,the remnants of the Warren Court, now under conservative Chief Justice Warren Burger, who dissented, prevailed in a narrow 5-4 decision that ruled the death penalty to be “cruel and unusual” under the Eighth Amendment. This was about as far away from “originalism” as the Court could get, since the Founders obviously did not regard executions as unusual at all, and cruelty has always been a subjective concept. But the Court left the metaphorical door open for new Congressional legislation that could make death sentences constitutional again if it included standardized guidelines for juries that would ameliorate “arbitrary” applications of capital punishment. Four years later SCOTUS reinstated the death penalty, which was overwhelmingly supported by the public, and in 1977, Gary Gilmore, a career criminal who cruelly and unusually murdered an elderly couple who refused to give him their car, faced a firing squad in Utah, a fate he definitely deserved.

1. I wish I had the time and fortitude to detail just how bad this New York Times Magazine article is, but I don’t, and maybe nobody with a life does. So I’ll just leave it to you to read it: “What if American Democracy Fails the Climate Crisis?” in the New York Times “Climate Issue.” Despicably, the Times handed the article over to openly and egregiously Left-biased journalist Ezra Klein, the founder of Vox and a dedicated practitioner of journalism as progressive propaganda. This means that only one point of view pervades the exercise, differing only in degrees and minor details. Even the title is loaded with assumptions that poison fair discourse, and I hope I will not be spoiling the suspense by pointing out that the “solution” Klein and his of-one-mind panelists (including one of the authors of the risible so-called “Green New Deal”) is a Leftist take-over of the U.S. and preferably capitulation to world government. I was going to list the most outrageous and dishonest quotes, but that would have taken up the whole post. The “I mentally checked out here” moment was in the introduction, in which Klein writes, being “hopeful,” “A rising generation understands the urgency of the moment, even if their elders do not.” That rising generation understands nothing about climate science, much like their “elders,” but have been indoctrinated into thinking they do. That’s “hopeful” for a nascent totalitarian like Klein. The rest of the issue is substantially deceit and propaganda, like the article about how climate change is already ravaging islands like the Bahamas, focusing on Hurricane Dorian as if there is any way to trace its origins to the topic of the issue.

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Unethical Tweet Of The Month: The Portland Police Bureau

/ Jack Marshall / 30 Comments

Portland tweet

There are many Ethics Alarms categories the tweet above would fit neatly into, like Ethics Dunce, Unethical Quote of the Week, evidence of The rampages of the Great Stupid, res ipsa loquitur, signature significance and others. I wonder if it is something else as well, like coherent civilization’s death rattle.

The Portland police felt constrained to issue that announcement after a police officer in Portland opened fire at a deranged man who charged him with a screwdriver. The man was shot dead in what all reports indicate was self-defense. This was apparently a “suicide by cop.” Quickly, at least 50 protesters converged at the Motel 6 where the episode occurred, and what looked like it could quickly turn into a violent riot was looming. The mob “began yelling, throwing items at officers, and attempting to interfere with the investigation,” Portland Police Bureau said. Videos showed many black-clad protesters chanting the anti-police phrase “Fuck 12.” A officer’s baton was grabbed as she was pulled toward the crowd; another protester sprayed an officer with pepper spray. One police car had its tires punctured and a window broken. Meanwhile, the Antifa distributed flyers calling the incident another example of racist police brutality against the black community.

So, acting quickly, the Portland police issued the tweet, assuring everyone that it was a white man who was killed. No worries! The nation was made just a little bit better and less racist. one more whitey down!

Naturally, the mob dispersed, and there was no more threatened violence.

The officer involved in the shooting was black. “Our officer encountered a very difficult and dynamic situation that no officer wants to face,” Police Chief Chuck Lovell said at the scene.“I want to assure the community that we’re committed to a full, thorough and complete investigation.”

Hey, never mind, Chuck! The guy was white! Nobody cares.

When an officer shot a black teen preparing to stab another young woman with a knife, there was a riot. When police shot an accused black rapist who was armed with a knife and preparing to drive off with his alleged victim’s children, there were riots. When a black man resisting arrest was shot after trying to fire a taser at an officer, there were riots. When a black man who had tried to take an officer’s weapon away while resisting arrest was fatally shot as he rushed the much smaller officer, there were riots. When a black woman was accidentally shot in the cross-fire between police and her boyfriend began the exchange of bullets, there were riots.

But once the crack Portland Police made it clear that it was only some sick white dude who was killed, all was well.

Rueful observations:

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Sunday Ethics Affirmation, 6/27/2021: “Life Is Unfair, Suck It Up” Edition [Cont.]

/ Jack Marshall / 15 Comments

[back to where we were before I was so rudely interrupted…by life, ironically enough…]

3. Baseball Ethics: Sticky stuff update! Baseball’s sudden emergency crack-down on pitchers using various versions of glue on the ball to make it go faster and be curvier caught its first cheater today: Seattle Mariners left-hander Héctor Santiago was ejected from today’s game against the White Sox by home plate umpire Phil Cuzzi after a between-innings foreign substance inspection. Santiago’s glove was confiscated. If the glove indeed shows the presence of a forbidden substance, the pitcher will be subject to a ten-day suspension under the terms of Major League Baseball’s new enforcement of the prohibition against ball doctoring. There is some skepitcism that the test will prove Santiago guilty, since it is believed that nobody could be so stupid as to try to keep using “sticky stuff” this week, knowing that they will be checked. On the other hand, Gerrit Cole, the 2019 Cy Young winner who has been widely suspected of being a “sticky stuff” addict, apparently went cold turkey. Today, against the Red Sox, his pitches were spinning much slower than usual, and he got clobbered, giving up 6 runs, 8 hits and 3 homer in just five innings. A coincidence, I’m sure…

4. Tales of The Great Stupid: Apparently the mainstream news media decided that this was just too embarrassing and might hurt the cause of mad wokism…because so far, it has managed to ignore it. A National Archives’ task force on racism determined that the structure, which houses the Declaration of Independence, the U.S. Constitution and the Bill of Rights demonstrates “structural racism,” portraying the Founding Fathers and other “white men” too positively, since it “lauds wealthy White men in the nation’s founding while marginalizing BIPOC [Black, Indigenous and other People of Color], women, and other communities.” The report also calls for “trigger warnings” to be put in place with historical content to “forewarn audiences of content that may cause intense physiological and psychological symptoms.” Cassie Smedile, executive director of conservative group America Rising, called the report “the radical Left’s latest attempt to sow division and rewrite our history.” No, it’s the latest example of the progressive mainstream as it has metastasized to reject the idea of the United States of America. Blame Obama, who appointed National Archivist David Ferriero in 2009, and the Senate, which confirmed him, and President Trump, who didn’t have the foresight to fire him. He assembled and commissioned the task force, meaning he knew exactly what he would get. Ferriero claimed the task force was necessary in light of George Floyd’s death last year, the report notes. Yeah, that makes a lot of sense: an example of local police misconduct in Minneapolis without any demonstrable racial motive or animus mandates another trashing of Jefferson, Madison, Washington and the rest. [Pointer: A.S.]

Brilliant.

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Once Again The Courts Step In To Prevent Woke Discrimination

/ Jack Marshall / 4 Comments

believe all survivors

Say what you will about the Trump Education Department, the fact that it reversed the anti-due process bullying of the Obama administration, which threatened colleges and universities that did not use a presumption of guilt to investigate accusations of campus sexual harassment and assault, was laudable and ethical. Now the Biden administration is in the process of reversing the reversal, as it once again embraces a “believe all women” context for such cases. (Well, “believe all women” except in cases where the Governor of New York and the president of the United States aren’t involved—but that’s another story.)

Fortunately, we have the courts, which are being kept especially busy as the progressives in power try to run roughshod over that damnably inconvenient Constitution thingy. This month the Eighth Circuit Court of Appeals rejected the disingenuous argument by the University of Minnesota that they weren’t stacking the deck against accused male football players due to their gender, but rather tilting the process toward their accusers because the school was biased against all students accused of sexual misconduct. Riiiight, the Court concluded:

“The district court concluded that a university’s bias in favor of the victims of sexual assault does not establish a reasonable inference of bias against male students, citing Doe v. University of St. Thomas, 240 F. Supp. 3d 984, 991 (D. Minn. 2017). While the circumstances here also give rise to a plausible inference of bias in favor of sexual assault victims rather than against males, “[s]ex discrimination need not be the only plausible explanation or even the most plausible explanation for a Title IX claim to proceed.” Schwake, 967 F.3d at 948; see Columbia Univ., 831 F.3d at 57. Thus, we reverse the district court’s dismissal of the Does’ Title IX discrimination claims.“

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Saturday Afternoon Ethics Coolers, 6/26/2021: Bad Baserunning And Bad Laws

/ Jack Marshall / 3 Comments

Coolers

1. Professional incompetence, Baseball Division. ESPN had a long article by a former player about how the base-running skills of modern players had declined to a such a degree that he couldn’t stand watching games. I hadn’t thought about it much, since there have always been notable players who made repeated gaffes on the basepaths, and I assumed this was another of those, “In my day, we played the game right!” lectures from leathery old codgers. Then I started paying attention, and he was right: a shocking number of players don’t know the rules of the game they are payed eight figures to play. It really is amazing: players don’t understand how the infield fly rule works. They even get confused about whether they need to get tagged out or if the fielder just needs to tag the base in a force-out.

Last week, in a game with the Tampa Bay Rays, the Boston Red Sox got a break when a Rays player, thinking a fly ball out would be a hit, ran from first base past second, and then had to dash back to first so as not to be thrown out by the outfielder. The throw into the infield was wide, and the player made it back safely. But the Red Sox threw the ball over to second base, and the runner was out. Why? Because a player who runs past a base and then has to return to the original base is required to tag the second base on the way back. They used to teach this in Little League; my friends and I observed it in sandlot ball.

The Red Sox announcers thought the mistake was hilarious. Then a few innings later, young Red Sox superstar Rafael Devers did the same thing! Worse, no one on the Rays caught it, and he returned safely to first base.

2. I see no possibility that this unethical program will be be ruled constitutional. “You Can Feel the Tension’: A Windfall for Minority Farmers Divides Rural America,” reads the New York Times story from last month about the Biden Administration’s $4 billion fund that black farmers can access but not white farmers. Gee, why would a lot of money that will be distributed to members of one race and not another cause division?

“A $4 billion federal fund meant to confront how racial injustice has shaped American farming has angered white farmers who say they are being unfairly excluded,” reads the cut-line. You see the framing there? This is one of the many, many ways the news isn’t delivered straight: the “good intentions” of the law preceded the facts about the law, and thus slants the perception of it. “The debt relief is redress set aside for what the government calls socially disadvantaged farmers — Black, Hispanic, Indigenous and other nonwhite workers who have endured a long history of discrimination, from violence and land theft in the Jim Crow South to banks and federal farm offices that refused them loans or government benefits that went to white farmers,” the story goes on. Wait a minute: were these farmers the victims of that “long history” of discrimination? No, they weren’t and they don’t need to show any discrimination or mistreatment against them personally at all to get their money. Skin color or racial identification is enough.

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“Systemic Racism” Update

/ Jack Marshall / 11 Comments

I need a graphic for “The Great Stupid,” but until I get one, that clip above from Ed Wood’s masterpiece, “Plan Nine From Outer Space,” will have to do. I have to check back and find out which generous reader sent me this after I asked if there was a “Stupid, stupid!” equivalent of the “Madness! Madness!” clip from “Bridge Over The River Kwai.” That’s the immortal Dudley Manlove uttering those words, by the way. And that was his real name!

Update: Commenter Wallphone found the “Plan Nine” clip, and has my enduring gratitude.

Here are some especially annoying recent developments on the incoherent “systemic racism” front.

1. Philonase Floyd, the brother of the late, great,George Floyd, said, following the sentencing of Derek Chauvin, “I just want to reiterate: not just black lives matter, all lives matter.” Strangely, he was not immediately condemned as a racist or racially insensitive and forced to apologize like so many others who were hounded mercilessly for saying “all lives matter.” Of course, the explanation is that Floyd’s skin shade gives him license to say “all lives matter.”

I only want to know the rules, that’s all. That seems like a reasonable request. But the systemic racism scam is truly Calvinball.The rules are made up and changed according to whatever is expedient at the time. Incidentally, there is a politician named Calvin Ball who is the county executive of Howard County, Maryland. Guess his party and race. [Hint: He’s allowed to say “All lives matter.”]

2. There has to be some designation for the cowards and enablers of rising totalitarianism that accurately describes sniveling traitors to democracy like Charlette LeFevre and Philip Lipson, the directors of Capitol Hill Pride in Seattle. I was considering the “Winston Smith Award,” but that seems unfair to Orwell’s tragic hero.

The two sent a letter to the Seattle Human Rights Commission that said,

“It has come to our attention that an event called ‘Take B(l)ack Pride’ at the Jimi Hendrix public park June 26th is charging Whites only admission as reparations. We consider this reverse discrimination in its worse form and we feel we are being attacked for not supporting due to disparaging and hostile e-mails. We will never charge admission over the color of a person’s skin and we resent being attacked for standing in those values.”

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America Last: Good News And Bad News At The Same Time

/ Jack Marshall / 10 Comments

Reuters-Survey-Trust-In-Media-June-2021

As you can see in the chart above, a report released by the Reuters Institute for the Study of Journalism at Oxford and the University of Oxford found that out of 46 nations surveyed the US public ranks last in its trust of the news media at 29%. The study surveyed 92,000 news consumers in those countries. Finland finished first with a trust rate of 65%.

I doubt that Finland’s journalists deserve that much more trust, which is one reason the report is good news for the United States. I think it is highly likely that the journalists everywhere else suffer from the same arrogance, relative lack of intellectual depth, and hive-mind leanings as U.S. journalists. I think that the U.S. public’s lack of trust shows growing and essential understanding of the true nature of what has become a corrupt and dangerous false profession that does not serve the interests of the people as it is pledged to according to journalistic ethics, but its own. Nor do I believe the U.S. has the worst and most unethical journalists in the world—far from it, I suspect. The U.S. has the journalists with the most freedom, making it especially easy to do their job as dishonestly as they do; yet unlike in many of those nations, their government isn’t forcing American journalists to substitute spin, distortion and propaganda for the truth.

The U.S. public has, finally, had its blinders ripped off, and is no longer under the delusion that they are being informed by altruistic and dedicated pros who only seek to reveal the facts necessary for us to live our lives as we choose to. Knowledge is power, and while our news media is wielding their control over knowledge to transfer power to their political allies, the public, at least most of it, has acquired crucial knowledge to neutralize it: the knowledge that that are not trustworthy.

Unfortunately, the bad news aspect of the study’s finding is arguably worse than the good news is encouraging. Democracy cannot function without a trustworthy news media, or as the Founders called it, “press.” Journalism rot is an existential threat.

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Objective Take-Aways From Fiona Hill’s “Fire Alarm” Story

/ Jack Marshall / 9 Comments

Fiona Hill

I know how I missed this: I won’t watch CNN, and especially not the ridiculous Don Lemon, unless there’s the equivalent of a gun at my head. I finally caught wind of it when a New York Times’ hard left op-ed writers, Nick Kristoff (who is one of the few rational ones in that group) referenced the tale as if it is indisputable proof of President Trump’s awfulness. On June 16, Fiona Hill, once Trump’s top Russia adviser, told Don Lemon that she was so upset at how Trump’s 2018 press conference with Russian President Vladimir Putin was proceeding that she looked for a fire alarm to pull and considered faking a medical emergency when she couldn’t find one, just to disrupt it. “I just thought, let’s cut this off and try to end it. I couldn’t come up with anything that just wouldn’t add to the terrible spectacle,” Hill said on “Don Lemon Tonight.”

The “terrible spectacle” she was trying to avoid was that Trump refused to support US intelligence conclusions that Russia had tried to interfere in the 2016 presidential election. Her self-glorifying account—at least to Trump-haters—didn’t get much coverage beyond CNN: little from the mainstream media, none from the conservative media. I sense, however, based on Kristof’s use of it, that it is destined to be wielded by Democrats as a “this is how terrible it was to have Donald Trump as President” story evermore.

But what Hill’s grandstanding really reveals is something every different, which is how this President, unlike all those before him, was sabotaged actively and passively by members of his own staff and administration who didn’t like him, trust him, respect him, or believe that he was a legitimate President. The media-derided term for what Trump had to contend with was the “deep state,” which had a conspiratorial ring and allowed those who correctly reported what was flamingly obvious to be ridiculed as paranoid. That term, however, was misleading.

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What Its Fraudulent Anti-Gun Video Reveals About “Change the Ref”And Everyone Applauding it

/ Jack Marshall / 30 Comments

Change the Ref

The anti-gun group “Change the Ref” pretended to represent a fake school, “James Madison Academy,” when they invited former NRA president David Keene to give a speech at a graduation ceremony. He was told that he was participating in a rehearsal, as he addressed a stadium of empty chairs. Another gun rights advocate, John Lott Jr., also was lured into the trap by the same ruse.

In reality, the group was filming an anti-gun video. As Keene exhorted the imaginary students to revere the Second Amendment, the video added audio from 911 calls, and the sounds of terrified students during an active shooter episode (or simulations of them). Keene addressed empty chairs, 3,044 of them, allegedly representing children and teenagers who were shot and killed before they could graduate from high school, though he wasn’t told that. Just a rehearsal! After they provided the desired footage to be used against their cause, Keene and Lott were told that the ceremony was canceled.

Change the Ref was founded by Patricia and Manuel Oliver, parents of a boy killed in the Parkland, Florida, shooting. The video is called the “The Lost Class.” Powerful! Clever! Also dishonest, unfair, disrespectful, unforgivably unethical and one more thing: signature significance. A group that would do this is untrustworthy. Nothing it says or publishes can be trusted; none of its arguments can be taken at face value; none of its statistics or analysis can be relied upon by anyone. With this video and its abuse of Lott and Keene, Change the Ref exposes itself as practicing “by any means possible” warfare, not legitimate policy advocacy. It believes that the ends justify the means—their ends. It is a perfect match for the current progressive movement, which has taken an ominous turn to totalitarian strategies with its full embrace of Alinskyism.

Good to know.

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