Government & Politics

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

/ Jack Marshall / 25 Comments

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Corrupting History To Get Trump, And Smearing A Profile In Courage To Do It

/ Jack Marshall / 13 Comments

Senator Edmund G. Ross. Hero? Corrupt hero? Politician?

It all started when a thoroughly Trump-deranged friend of long-standing–a Georgetown professor!–cited with approval on Facebook a critical article at the CNN site condemning the National Archives idiotic altering of an anti-Trump photo. I discussed the issue, and the article, here, #3, noting that Perry exposes himself as an unprofessional hack by using this incident to suggest, without evidence, untold document mischief throughout the  Trump administration. Noting how completely historians have debased their profession by joining the “resistance” and engaging in partisan analysis, I promised to return to Perry’s unethical screed that day. Well, I’m late, but here it is.

Later in his article, Perry wrote,  “Just last week, Vice President Mike Pence authored a mendacious op-ed in the Wall Street Journal, which touted one senator’s vote against the impeachment of President Andrew Johnson as a profile in courage, despite historians’ agreement that the senator was, in fact, likely bribed.”

I know all about Edmund G. Ross, celebrated in JFK’s “Profiles in Courage” as the Radical Republican Senator from Kansas who saved President Andrew Johnson from a political coup attempt very similar to what the Democrats are trying now to do to President Trump. Ross’s vote against impeachment conviction was the margin by which the two-thirds requirement for impeachment failed. Kennedy’s book (which he didn’t write, but that’s another ethics story) designated Ross a hero because he knew his vote would likely end his political career in Kansas, as indeed it did. Where did the alleged historical consensus that Ross was bribed come from?

The answer is nowhere. There is no such “agreement,” because there is no proof, only speculation. However, smearing Ross and denigrating his motives are essential to legitimizing  a 19th Century Republican plot to remove a President who was obnoxious, defiant, and widely regarded as  “unfit” as well as being looked down upon as too humble in his origins to be President. Doing so, you see,  makes the current soft coup appear similarly legitimate. By this new analysis, Ross isn’t a hero but a villain, thus the assault on Pence for citing Ross as a role model  Continue reading →

Morning Ethics Warm-Up, 1/28/2020: Transcripts! Audacious Defense Lawyers! Canadian Defamation! “Bombshells”! [UPDATED]

/ Jack Marshall / 56 Comments

Good morning…

1. Here’s a typical unbiased New York Times front page headline regarding the impeachment trial (from last week):

“One One Side, Piles of Evidence, On the Other, Heaps of Scorn”

Here’s some more scorn: there is no evidence at all of impeachable offenses on  that pile, and scorn for the President is being treated as evidence.

2. This is astounding. (From johnburger, and thanks) Check out this.

Continue reading →

Comment Of The Day: “Open Forum!” Dating App Thread

/ Jack Marshall / 7 Comments

Same tradition, different groups…

This Comment of the Day alerted me to a despicable aspect of national polarization being sent into hyper-drive by the web. It concludes, “It’s terrible,” and I agree.

I was just defriended by someone else on Facebook. I know why. I’ve been pointing out  and dissecting the repetitive anti-Trump derangement when it turns up on my  timeline.  As usual, however, whoever this was didn’t have the guts and common courtesy to tell me that he or she was metaphorically slapping me in the face. Others, equally cowardly, just block my posts from their feed, or me from seeing theirs. Such individuals voluntarily create a bubble and actively seek to close off their minds. They should be ashamed of themselves, and when I get the chance, I’ll tell them so.

Here is Jeff Valentine’s Comment of the Day from the weekend’s Open Forum. It depressed me so much that I took this long to read it again. If you want to end up with a nation of armed camps, this is the way to do it.

Jack recently wrote about the tipping point where he may need to vote for Trump based on the Democrat’s various vile decisions.

I read it and wondered aloud, “What the Hell took you so long, Jack.” I was there within a year after the last election.

They really have disgusted me for the last three years.

It gets, actually, significantly worse. As I’ve mentioned elsewhere- my marriage fell apart. I am a full time custodial Dad, so I, out of necessity, use the awful apps for dating- Tinder, Bumble, Hinge, Facebook Match. The number of women (and possibly men too- I don’t play for both teams as they say)- who say things like “Swipe left if you voted for Trump” or “Trumpsters Get Lost” or “Republicans need not apply” would appall you. Continue reading →

Ethics Quote Of The Month: Supreme Court Justice Neil Gorsuch

/ Jack Marshall / 17 Comments

“The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide,’ ‘universal,’ or ‘cosmic’ scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case….

“Equitable remedies, like remedies in general, are meant to redress the injuries sustained by a particular plaintiff in a particular lawsuit. When a district court orders the government not to enforce a rule against the plaintiffs in the case before it, the court redresses the injury that gives rise to its jurisdiction in the first place. But when a court goes further than that, ordering the government to take (or not take) some action with respect to those who are strangers to the suit, it is hard to see how the court could still be acting in the judicial role of resolving cases and controversies. Injunctions like these thus raise serious questions about the scope of courts’ equitable powers under Article III”…

It has become increasingly apparent that this Court must, at some point, confront these important objections to this increasingly widespread practice. As the brief and furious history of the regulation before us illustrates, the routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions…

“If a single successful challenge is enough to stay the challenged rule across the country, the government’s hope of implementing any new policy could face the long odds of a straight sweep, parlaying a 94- to-0 win in the district courts into a 12-to-0 victory in the courts of appeal. A single loss and the policy goes on ice— possibly for good, or just as possibly for some indeterminate period of time until another court jumps in to grant a stay. And all that can repeat, ad infinitum, until either one side gives up or this Court grants certiorari.”

——Justice Neil Gorsuch, concurring in the grant of the stay of a nationwide injunction imposed by a district judge in New York against the implementation  of the Trump administration’s new immigration standards.

The new rules impose additional criteria for determining which potential immigrants  are likely to be dependent on the U.S. government for benefits  and therefore ineligible for green cards and eventual U.S. citizenship. These were proposed in October, 2019, but have been blocked by Democratic judges until today’s decision. Continue reading →

Res Ipsa Loquitur: Woke Politics And Counter-Factual Progressive Cant Are Driving People Crazy

/ Jack Marshall / 39 Comments

Here is another question to Slate’s sex advice column, “How to Do It”:

I’m a cis woman in kind of a classic millennial sex pickle: I’m really repelled by heterosexuality politically and personally, but I’m also really into dick. I’ve been thinking maybe I should look for bi dudes/ bicurious gay dudes, but I am not sure how best to do that. Rich, what would you think of a woman being on Grindr or Scruff? I do want to be respectful of gay men’s spaces and not horn in where I’m not welcome, but I really would love to find a vers guy with queer politics who would be up for casually dating a woman. What do you think? If you were me, where would you look?

—-Radical

My answer? Continue reading →

Ethics Warm-Up On What I Fear Is The Start Of An Unethical Week, 1/27/2020

/ Jack Marshall / 32 Comments

Just a sinking feeling I have …

…perhaps exacerbated by the fact that I am trying to keep all the plates spinning at home and office despite caring for my temporarily disabled wife and business partner, the urgent need to disassemble the driest Christmas tree in Alexandria (still looks spectacular with the lights on, though!), the sudden breakdown of two crucial appliances, and the fact that I’m incompetent at a lot of the small and crucial tasks that Grace does well.

By the by, the spinning plates act is my favorite metaphor for leadership, management and life…

1. Trump tweets…“Shifty Adam Schiff is a CORRUPT POLITICIAN, and probably a very sick man. He has not paid the price, yet, for what he has done to our Country!” tweeted our Chief Executive yesterday. What grade level does that one rise to? 6th? 7th? Surely reasonable people are inured to these embarrassing (for him, for us) outbursts after all these years and thousands of stupid tweets. And yet here are Schiff and the Democrats, bellowing that Trump “threatened” him. This, from a shameless demagogue who recently yalked about putting Republican Senators’ heads on pikes.

Essentially Trump’s “threat” consists of “he’ll be sorry!” That’s not even a veiled threat. It isn’t actionable, it isn’t clear. It may refer to karma, or a sudden attack of conscience. Stipulated: It’s wrong for a President to express such sentiments. The knee-jerk impulse of the “resistance” to react to everything the President does like it was proof of treason is self-indicting.

2. The alleged hypocrisy of jet-setting climate change activist celebrities is often overplayed by conservatives, but this is ridiculous. Not to be outdone by whatever she is these days semi-royal Megan Markle and her submissive hubby, Prince Charles polished his climate change alarmist  creds by taking three flights on private jets and a helicopter to hang out with Joan of Arc wannabe  Greta Thunberg. Then, after being blessed by the teenaged saint and making  an impassioned speech, the Man Who Has Been Waiting To  Be King  took a fourth private jet from Switzerland to Israel, making his flight total over 16,000 miles in less than two weeks. His carbon footprint for this odyssey was estimates as being more than 18 times that of the average British citizen’s output for a calendar year.

Here’s a helpful chart, courtesy of the Daily Mail:
 Continue reading →

Sunday Ethics Warm-Up, 1/26/2020: A Legal Ethics Lesson From Ted Cruz, A Ridiculous Apology From Dallas Keuchel, Res Ipsa Loquitur From George Stephanopoulos, And The AUC’s Character Con

/ Jack Marshall / 12 Comments

I need a little blood-stirring today, and my father’s favorite hymn always does the trick…

You know, character is my business, and my record is visible, public extensive and undeniable regarding the position that leaders, and especially U.S. Presidents, should have exemplary character—not just average character, but outstanding. It is exceedingly dangerous to our culture in the short and long term to have a leader whose ethical values are obviously lacking. I say obviously, because leadership is substantially symbolic as well as substantive: a President who has a seriously flawed character does minimal harm if he 1) knows how the govern and lead and 2) is skilled at playing a leader of exemplary character, despite sociopathic tendencies, or worse.

However, as importunate as character is, the evident lack of it is not justification for impeachment or removing a President between elections. The false, opposite claim is essentially the basis of the entire three year coup attempt by the Axis of Unethical Conduct (Democrats, the “resistance” and the news media). That is why so much of the “case for impeachment” are really ad hominem attacks on the President’s presumed motives, personality and alleged beliefs, none of which are remotely relevant to impeachment. It is the duty of educated experts not driven by bias, as well as the news media (which is now incapable of doing it’s job, which is informing rather than confusing the public) to explain that impeaching a President for having an objectionable character (according to his critics) is an incompetent, illegal and destructive act. Yet this—he’s a liar, he’s a racist, he’s an idiot, he’s a sexist, he’s corrupt, etc., etc, and so on-–is the guarantee default retort when anyone correctly points out to the Trump-Deranged that the Democrats and the resistance have no evidence of impeachable offenses at all. This is also why the polling shows so many people want the impeachment to succeed; not because they have a clue about the limitations on the the act of impeachment, but because they interpret the question as, “Don’t you wish we had a President who wasn’t such an asshole?”

Maureen Dowd, the Times whatsit columnists who is half political commentator and half-Joan Rivers, thoroughly disgraced herself yesterday by writing,

“You don’t realize how important character is in the highest office in the land until you don’t have it,” Schiff said. But the more impressive the Democrats’ case is, the more depressing the reality becomes. They want to convince themselves that character matters. But many Americans knew they were voting for a thug. They wanted a thug who would bust up Washington, and they got one.

The Democrats are relying on facts, but the Republicans are relying on Fox.

No, Maureen (are you a dolt or a brazen liar?), the Democrats are relying on facts that have nothing to do with impeachment. Character matters (although during the entire two terms of Bill Clinton  the Democrats argued it didn’t), but it doesn’t matter in an impeachment trial. Acts matter in an impeachment trial. The Constitution matters. Precedent matters. Our institutions matter.

It is the mark of how incompetent and irresponsible the President’s critics are than the impeachment debate is being argued at this base level of civic and ethics ignorance.

1. Nah, there’s no mainstream media bias… Continue reading →

The Democratic Party’s Unethical And Irrational Obsession With Diversity, Part Two: Amazingly, It’s Even Worse Than I Thought

/ Jack Marshall / 16 Comments

On December 14, 2019, I posted “The Democratic Party’s Unethical And Irrational Obsession With Diversity” at a point where I concluded that the Left’s diversity con had reached res ipsa loquitur dimensions, at least for Americans still capable of hearing what this res was loquituring despite years of pummeling by consultants and diversity seminars. That would be that “diversity” is a cover word for “quotas and affirmative action.”

I’ve been in some of those seminars; to my undying shame, I’ve even taught a couple for a fee. They are intellectually dishonest to the core, resting on the Bizarro World  argument that more diverse groups and bodies are necessarily better, wiser, and more effective than  homogeneous groups with more ability and talent. This is manifestly nonsense, except that it is not politically correct to say so. Is President Trump’s Cabinet better in any way because Ben Carson is Secretary of HUD? He’s a dolt, as anyone who watched the GOP Presidential debates knows beyond a shadow of a doubt. Is the Supreme Court better because Justice Sotomayor is on it? Read one of her opinions and then try to say that with a straight face.

The proof that diversity activism is a rationalization-based scam is everywhere, with the fact that it is only applied in one direction the smoking res. Nobody argues that NBA and NFL teams would be better of they had demographics closer to the nation’s. The Oscars were attacked because there aren’t “enough” black performers or female directors nominated this year, but no one complains about the lack of diversity in all-black awards shows. The impetus for December post was all the Democratic and mainstream media flesh-rending over the fact that the erstwhile Presidential candidates “of color” had been so weak and feckless that even Democrats had rejected them. “But…but..diversity!”

Pointing to the Washington Post’s assessment of the top 13 people with the best chance of being on the party’s ticket as Vice President—all are women, minorities or both—I wrote, “What subliminal message are Democrats sending to the world when they exclude straight, white men as qualified candidates for Vice-President? That’s easy. They are saying that the party cares more about diversity than it does about leading the nation.”

Diversity without rigging the result can be a valuable measure of how race, ethnicity and gender-blind the culture has become, but the fact that any group or body happens to appear diverse is itself no indication of excellence. Anyone who claims otherwise is lying or deluded.

I thought the bloviating about the Democratic debate line-up was as ridiculous as this sham could get, Boy was I wrong. Continue reading →

The Cautionary Tale Of Egil Krogh

/ Jack Marshall / 3 Comments

Egil Krogh died this week. By the time of his death he was all but forgotten, but during the fevered days of the Watergate scandal’s unraveling, he was the Nixon henchman whose name nobody could pronounce. (It’s Ed-gel Crow-G) He was an original member of the infamous group known as “The Plumbers,”  the secret White House unit that broke into the office of Daniel Ellsberg’s psychiatrist, and later into the offices of the Democratic National Committee at the  Watergate complex. By the time of the latter operation, Krogh had withdrawn from the Plumbers because he decided its mission—make sure Nixon won the election by any means necessary–was improper, but it was too late. He became the first member of the Nixon team to go to jail, then was disbarred. His fall was a lesson to all lawyers, indeed all human beings, about the insidious ways and unethical culture can corrupt the best of us. Continue reading →