Government & Politics

Justice Alito Explains That Justice Jackson Is An Idiot. Good.

/ Jack Marshall / 12 Comments

In one SCOTUS case after another, Justice Ketanji Brown Jackson, a demented President’s irresponsible DEI selection for our highest court, has demonstrated an absence of judicial integrity, or, in the alternative, intellectual ability. Her questions in oral argument have been incoherent, and her legal reasoning is regularly polluted by obvious partisan bias. She is, in short, an embarrassment to the Court, the nation, the judiciary, the law, her race, her gender, and her party. Finally, following an extreme example of Jackson’s incompetence, Justice Samuel Alito came as close to calling her an idiot as a Supreme Court Justice can within the limits of professional civility.

It’s about time.

The Supreme Court last night granted a request to lock in its opinion in Louisiana v. Callais, discussed on EA here and here, where the Court struck down a congressional gerrymander as racially discriminatory in breach of federal law. The decision allows Louisiana to draw a new map in time for the 2026 mid-term elections. Justice Ketanji Brown Jackson was the sole dissenter in the 8-1 decision to eschew the delay. Jackson’s fatuously argued that the Court’s ruling “has spawned chaos in the State of Louisiana.”

Yes, chaos is often the result when a state is trying to do something unconstitutional and is blocked.

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From The EA Archives: The Trump Presidency And “The Caine Mutiny”—A Reminder

/ Jack Marshall / 28 Comments

I watched “The Caine Mutiny” last night with a friend who had never seen it. I realized that I had written during Donald Trump’s first term about how the rebuke Navy lawyer Barney Greenwald (Jose Ferrer) delivers to the acquitted mutineers fit 2019’s “resistance”  like the proverbial glove. It fits today’s  Axis of Unethical Conduct even better. I’ll have some brief comments after the post.

* * *

Turner Movie Classics ran “The Caine Mutiny” again last night. It reminded me of what I wrote two years ago, when I really didn’t think that the “resistance” and the Democrats would continue on the destructive path they have for this long. I even wrote, foolishly, “This is the last time I’m going to try to explain why the fair, patriotic, ethical and rational approach to the impending Presidency of Donald Trump is to be supportive of the office and the individual until his actual performance in the job earns just criticism. Attempting to undermine a Presidency at its outset is a self-destructive act, for nobody benefits if a Presidency fails.” Of course, it was far from the last time I returned to the topic. In my defense, how could I know, at a point where the term “the resistance” hadn’t even surfaced yet, that the unparalleled assault on a President would not only continue, but escalate to the point where a newly minted Congresswoman would announce to a cheering mob, “We’re going to impeach the motherfucker!”?

Watching the movie, however, was striking. I know it well; I can recite many of the lines from memory. Yet the parallel with the Trump Presidency struck me smore powerfully than ever before, and sent me back to that previous post, in which I wrote,

“In The Caine Mutiny, a film version of the stage drama and novel “The Caine Mutiny Court Martial,” Captain Queeg (Humphrey Bogart), a man whose war-shattered nerves and self-esteem problems have rendered him an erratic and an unpopular officer, falters in his command during a storm. His officers, frightened and already convinced that their captain is unfit for command, mutiny. At their military trial, their defense attorney causes Queeg to have a breakdown on the witness stand, winning the case for the accused mutineers. Later, however, at the post trial victory party, the lawyer, Barney Greenwald (Jose Ferrer),  shames his clients. He represented them zealously, but he tells them that they were, in fact, at fault for what occurred on the Caine:

Ensign  Keith: Queeg endangered the lives of the men.

Greenwald: He didn’t endanger any lives.You did. A fine bunch of officers.

Lt. Paynter: You said yourself he cracked.

Greenwald: I’m glad you brought that up, Mr. Paynter, because that’s a very pretty point. I left out one detail in court. It wouldn’t have helped our case. Tell me, Steve, after the yellow-stain business, Queeg came to you for help, and you turned him down, didn’t you.

Lt. Maryk: Yes, we did.

Greenwald: You didn’t approve of his conduct as an officer. He wasn’t worthy of your loyalty. So you turned on him. You ragged on him, you made up songs about him. If you’d given Queeg the loyalty he needed, do you think all this would have come up in the typhoon? You’re an honest man, Steve, I’m asking you. You think it would have been necessary to take over?

 Maryk: It probably wouldn’t have been necessary.

Keith:  If that’s true, we were guilty.

Greenwald: Ahhh, You’re learning, Willie!  You don’t work with the captain because of how he parts his hair…you work with him because  he’s got the job, or you’re no good.

Exactly.

      Or you’re no good.

Donald Trump is in over his head. He knows it, I think. Maybe, just maybe, with a lot of help, a lot of support and more than a lot of luck, he might be able to do a decent job for his country and the public. It’s a long-shot, but what’s the alternative? Making sure that he fails? Making him feel paranoid, and angry, and feeding his worst inclinations so he’s guaranteed to behave irrationally and irresponsibly? How is that in anyone’s best interest? That’s not how to get someone through a challenge, especially someone who you have to depend on.

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I Hope Rudy Giuliani Recovers Sufficiently To Read This: A Legal Ethicist Neatly Explains What’s Wrong With Bars Punishing Trump’s “Stop the Steal” Attorneys

/ Jack Marshall / Leave a comment

Rudy Giuliani is in critical condition in a hospital today, and it reminded me to finish this post.

Giuliani is one of the lawyers hit with bar association discipline for representing Donald Trump in the wake of the highly suspicious 2020 Presidential election, or perhaps I should say the way they represented Trump and his contention that the election was “stolen” or “rigged.” I have written two posts about the D.C. Bar and New York Sate Bar’s proceedings against Rudy here and especially here. My conclusion in then latter piece, in part. :

“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,… 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 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 know 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.”…Giuliani, like so many other victims of the 2016 Post Election Ethics Train Wreck, is being punished by a double standard predicated on the hatred of Donald Trump. That’s unethical.”

Esteemed law professor Brad Wendel, who belongs to the same, almost totally anti-Trump legal ethics specialist association that I do, has published a contrarian analysis following California’s disbarment of John Eastman (above), who was one of the principal architects, along with Kenneth Chesebro (who was disbarred in New York after pleading guilty in Georgia to charges of election interference), of President Trump’s legal assault on the 2020 election. There are plenty of tells in Prof. Wendel’s essay that he is far from a Trump admirer (for example, he refers to the “scheme to overturn the 2020 presidential election.”) However, he writes,

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Ethics Quiz: The Student Exposé

/ Jack Marshall / 22 Comments

A high school student in Philadelphia made series of videos, posted on TikTok, showing how exposed how some of his classmates could not read well nor comprehend relatively simple sentences. “whatthevek” posted a video showing single high school-aged students was unable to read the sentence, “She wore a silhouette of clothes that were extraordinary but somewhat gauche.” He made a follow-up video a day later in showing students unable to make sense of the sentence, “The colonel asked the choir to accommodate the governor’s schedule.” The videos were filmed at the city’s Preparatory Charter School of Mathematics, Science, Technology and Careers.

How surprised are you? I’m not.

The two videos went “viral,” accumulating 1.7 million likes and thousands of comments. The student says he won’t be posting a third, however. “I would post a part three, but the school board is trying to expel me, stop me from going to prom, and stop me from walking at graduation,” he revealed on Instagram last week.

South Philly-based Prep Charter has yet to conform or deny this. State test scores show that just 53% of students at the school tested proficient in reading, and 19% were proficient in math. Roughly 71% of Philadelphia’s fourth-graders cannot read at grade level, according to statistics from Philadelphia-based social justice group Achieve Now. The group also holds that about half of all adults in Philadelphia are functionally illiterate, one of the highest rates among large US cities.

Let us assume that the student, whose name is not yet known, is indeed facing punishment for his videos.

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Rueful Observations On A Trump Derangement Outburst…

/ Jack Marshall / 12 Comments

1. Nah, Trump Derangement is a myth!

2. If you want to see this orgy of hate and violence without the annoying commentary, here’s a link I couldn’t embed.

2. How does a mush-mouth like Topping have the gall to host a show of any kind? Jeeeez, whatever your first name is, get a coach! Learn to speak clearly. Slow the hell down. Not only are you hard to understand, your speech pattern is excruciating to listen to. This is malpractice.

Why hasn’t anyone told him?

3. Look at the hate on this crazy old bat’s face! What could possibly justify that?

4. There are several places on the web where one can purchase Trump pinatas. Here, for instance.

5. The onlookers cheering her on epitomize the description “angry mob.” The Axis of Unethical Conduct made them this way, hammering away at “Trump is a Nazi” and related slander and libel, day after day, for ten years. And it has caused brain damage. The remedy to speech is, we have decided as a nation, more speech, and “hate speech” is still protected speech. Inciting riots, however, is not protected speech. Nonetheless, inciting riots in slow motion, over long periods of time, by repeating demonizing and violence-triggering propaganda and rhetoric over and over again until it is embedded in weak minds, is legal. It is also unethical.

6. Do you think the crazy woman doing this while wearing a shirt that extols kindness on the front and the Golden Rule on the back recognizes the double standards she is embracing? It it intentional satire? Is she just an idiot?

7. Democrats cheer on this kind of lunacy while insisting that their “8647” rhetoric plays no part in the repeated assassination attempts. The only President I can find whose avatars were subjected to such vicarious and symbolic violence was Abraham Lincoln during protests like the draft riots in New York. (Confederate equivalents don’t count.) True, he wasn’t…

Oh. Right.

8. I react emotionally to people attacking and defiling images of the President of the United States. just as I do to flag burning. It is an attack on my nation, its institutions, its history and its values. The conduct shows civic disrespect that cannot be rationalized away.

______________

Pointer: Steve Witherspoon

“Nah, There’s No Mainstream Media Bias!” Res Ipsa Loquitur: Reuters’ Unethical Headline

/ Jack Marshall / 6 Comments

“Spirit Airlines shuts down, industry’s first Iran war casualty”

Today I was a guest on The Steven Speirer Show, talking about ethics. In the final minutes, Steven, a California lawyer, asked me what I regarded as the greatest ethics issue facing the U.S. today. Without hesitation, I named the corruption of journalism and the collapse of ethics in the journalism profession. Readers here are familiar with that conclusion and why I am confident that it is correct. A republic cannot function with out an informed populace. “Advocacy journalism,” the elevation of the profit motive over integrity, responsibility and honesty, and the increasing intrusion of the techniques of “fake news” into reporting has transformed journalism into a toxic combination of propaganda and indoctrination.

“Professions earn that label by being trustworthy,” I told Steve. “Our news media today cannot be trusted, and those who do trust it are uninformed or misinformed.” My host said that he wished he could disagree, but in good conscience could not.

Then I checked my emails after the session, and saw the link to the Reuters headline above, re-posted on Yahoo! Finance. (Arthur in Maine gets the pointer for the link; my apologies for misidentifying the source in the original version of this post). It’s a classic, typical of how journalism operates today. A story about a company bankruptcy that was long in the works is framed as an indictment of the Iran War, and by extension President Trump.

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Another Really Bad Trump Idea: “The National Garden of American Heroes,” Part I. [Corrected]

/ Jack Marshall / 20 Comments

President Trump’s method in some of his madness is to restore and reinforce the core American values that have been eroded, corrupted and in some cases denied by the ethics and cultural rot wreaked by the Far Left’s capture of our national institutions. The motives deserve applause, but his execution in many cases, like his “National Garden of American Heroes” obsession, is often hopelessly flawed. I’m being too nice: the theory that it is possible to create a fair and historically valid list of “American heroes” is, as Sidney Wang (Peter Sellers) so sagely remarks above, is stupid, and ultimately harmful.

The latest plans for the monstrosity include reflecting pools, dining facilities and an amphitheater alongside 250 life-size statues of notable Americans. It will require a significant redevelopment of West Potomac Park in D.C., and the statues alone could cost more than the $40 million approved for the project by Congress. But never mind all that: the fact is unavoidable that choosing just 250 Americans to be honored as “heroes” guarantees exorbitant praise for some prominent Americans and unjust exclusion for others. There are probably thousands of American lives that meet the Ethics Alarms criteria for the public to have a “duty to remember” them. Furthermore, perhaps reflecting President Trump’s limited public vocabulary, not all important and productive Americans qualify as heroes, and not all American heroes had much effect on the country and its history. Is the proposed “garden” intended to honor character, achievements, or both? Finally, the choices of who to honor in such a project will be distorted by bias and politics. In fact, that has already occurred.

The list of 250 that has been published confirms all of these fears; indeed, its even worse than I expected.  Here are the current proposed “heroes” by category; the list is introduced as being categorized by their primary contributions to our national story, representing “the tapestry of American greatness, men and women who, through faith, courage, and hard work, built the United States into a beacon of hope and industry.”

Right.

I’ll comment after each section.

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In Maine, the Graham Platner Fiasco

/ Jack Marshall / 7 Comments

How did this happen?

Maine’s Democratic governor Janet Mills announced yesterday that she is dropping out of her campaign for the U.S. Senate. Now certifiable wacko Graham Platner is her party’s presumptive nominee for the U.S. Senate.

Mills had been regarded as having a good chance of unseating RINO Senator Susan Collins, a key piece of the Democrats’ quest to flip control of the U.S. Senate in November. Platner, in contrast, either is unelectable or should be. The RNC quickly crowed, “In November Susan Collins, a proven leader with an indisputable record of delivering for Maine, will face a Nazi sympathizing self-proclaimed communist with a record of hate-mongering and dishonesty.”

Well, the part about Platner is true, at least. He has said women who are raped are at fault. He said that blacks don’t tip. He has called called white, rural Maine dwellers stupid. He uses “fag” to describe gays. Platner praised Hamas, rationalized urinating on corpses, and has denigrated police officers. He once referred to Jesus as a “zombie” and the Virgin Mary as a “skank.” He also had a Nazi tattoo on his chest and defended it for years.

On the plus side, Platner approves of political violence, so at least in that sense he’s a mainstream 2026 Democrat.

Conservatives are confident that Platner will be an 800 lb. albatross around the necks of other Democratic candidates, as they will be placed in political zugzwang, with their choices being to condemn fellow Democrat or endorse sexism, misogyny, homophobia, bigotry, violence and blasphemy. Once again, as in 2016 when Donald Trump was running away with the Republican primaries, I don’t understand why a either political party cannot, in an extreme situation, announce that Candidate X does not represent that party’s values and therefore is rejected as a party candidate. Democrats and Republicans have an obligation to the Republic to place only competent, responsible Americans on the ballot. True, neither party is very good at doing that, but it still is an ongoing obligation.

The Democrats, to have any claim to competence and responsibly at all, should tell Platner that the party will not allow him to run as under the party banner. Let him sue, let him run as an independent, let him rant. At least they would demonstrate that the party has some standards, and cares about the public good.

Of course, we now know that today’s Democratic Party has no standards or principles, so this is a useless flight of fancy on my part.

Never mind.

In fact, it is not inconceivable that Platner can win. He was leading Mills in polling 2-1. And Trump Derangement among Democrats and progressives is so rampant that many would literally vote for Satan if they thought it would rid the nation of MAGA madness. After all, Bernie Sanders has endorsed this creep, who is, in addition to all I mentioned above, a Neo-communist like Bernie. As Times columnist Michelle Goldberg wrote last Fall,

“Andy O’Brien, a former Democratic state legislator and newspaper editor, told me that outsiders didn’t fully understand how radicalizing the second Trump presidency has been for ordinary Democrats. Even senior citizens, he said, were becoming “fire-breathing leftists. They’re just pissed off.” These voters understood that Platner had made mistakes, but they saw him as a fighter. “Five years ago, he would have been dead in the water, I think,” said O’Brien, who now works with the labor movement. “But this is such an unprecedented time. I think a lot of people really believe that we need somebody who can effectively fight against fascism.”

Yikes.

Friday Open Forum, God Save The King Edition

/ Jack Marshall / 28 Comments

As usual, a tour of the U.S. by a major head of state is causing a news stir and ethics issues. Perhaps nothing will ever top the uproar over Nikita Khrushchev’s visit during the Kennedy administration, when Nikita wanted to go to Disneyland and Walt wouldn’t let him in. President Trump has been on good behavior with King Charles and didn’t even slam the monarch on Truth Social after Charles delivered a number of subtle shots at Trump during his speech before Congress.

What is it about the royal family that makes so many Americans go all weak in the knees? My father strenuously objected to it, saying more than 50 years ago that the U.S. public should treat Great Britain’s kings, queens, princes and princes as what they are: embarrassing relics of a feudal system that we rejected and that should have died out in the 18th Century. He said he wouldn’t cross the road we lived on (Brunswick Road, Arlington—it had a “dead end” sign on each end) to greet any of them.

Dad would have probably approved of Mayor Mamdani’s brush off regarding King Charles, as when asked what he would say to the king if the two spoke, answered, “I would probably encourage him to return the Koh-i-Noor diamond.” That’s one of the crowns jewels.

Meanwhile, there is much to talk about in the Wide, Wide World of Ethics. So talk, already…

A NYT “Good Illegal Immigrant” Sob Story That I Sympathize With..

/ Jack Marshall / 7 Comments

In the past, I have registered disgust with the New York Times (and others) pushing illegal immigrant/open borders propaganda with features highlighting “good” illegals who are allegedly selfless, hard-working, honorable, long-time residents whose only transgression is that they have no business living here in the first place. Ethically, being in the U.S. legally is a condition precedent to my venturing any sympathy for someone facing deportation.

The saga of two teenage brothers from the Republic of Congo who have fallen into I.C.E.’s clutches, however, is different.

Israel Makoka, 18, and Max Makoka, 15, entered the United States legally on F-1 student visas. They were to attend the Piney Woods School, a “historically Black boarding institution” (whatever that is). The brothers weren’t comfortable at Piney Woods so they transferred to a public school in their host family’s neighborhood, Hancock High, in August of last year. A lawyer advised their host family to become their legal guardians so that they could remain in the country, and a judge granted the family’s guardianship request.

No one warned the family that the transfer to a public school would affect the brothers’ immigration status. Nobody knew until the teenagers’ arrest last week that moving from Piney Woods wiped out their legal immigration status. Hancock High is not allowed to host people on student visas, and Immigration and Customs Enforcement got wind of the snafu. The brothers are now facing deportation through, it can be argued, no fault of their own.

The rest of the Times piece is, like all the other “Good Illegal Immigrant” features, full of testimonials about how wonderful the Makokas are. This pattern reminds me of a comic’s routine I heard in which the wit marveled at how the murder victims in all the “Dateline” and “48 Hours” episodes are always described as lighting up every room they enter, being universally loved, and having no flaws or faults. Maybe the brothers are Golden Boys, and maybe not: it doesn’t matter. What matters is justice.

The maxim of the law is that “ignorance of the law is no excuse.” Mistake of law, however, can be a viable defense. What happened in this case is somewhere between the two, but the youth of these “Good Illegal Immigrants” should, I think, carry the day.

I hope this is recognized as the unintended mess it is, and that I.C.E. gives the Makotas a reprieve.

It’s the right and just course.