Government & Politics

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

/ Jack Marshall / 5 Comments

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading →

A Very Bad Month For Price Waterhouse Coopers

/ Jack Marshall / 14 Comments

Earlier this month, Big Four accounting firm Price Waterhouse Coopers sustained a high-profile hit to its reputation when  the senior accountants the firm sent to ensure the integrity of the Oscars broadcast, a job the firm has had for more than half a century,  couldn’t manage to hand out the correct envelope at the televised ceremony’s surrounding.  Now it looks like the chaos that this botch created was a prelude to far, far worse.  For years, federal investigators have been scrutinizing Catapillar’s overseas tax affairs, examining the complex maneuvers involving billions of dollars and one of the company’s Swiss subsidiaries.

Now, a report commissioned by the government accuses the equipment manufacturing giant of carrying out a massive tax and accounting fraud involving billions of dollars. And the accounting firm Caterpillar employed to perform its audits?

The envelope please?

You guessed it.

The report, part of a wide investigation being undertaken by the United States attorney’s office for the Central District of Illinois, the IRS and the Inspector General of the F.D.I.C., thus far is neither public nor made available to Caterpillar for review.  It  describes an illegal company strategy to bring in billions of dollars from offshore affiliates while avoiding federal income taxes.  Leslie A. Robinson, an accounting professor at the Tuck School of Business at Dartmouth College and the author of the report, concluded that…

“Caterpillar did not comply with either U.S. tax law or U.S. financial reporting rules. I believe that the company’s noncompliance with these rules was deliberate and primarily with the intention of maintaining a higher share price. These actions were fraudulent rather than negligent.”

Dr. Robinson’s 85-page analysis, based on publicly available and internal financial data from Caterpillar as well as bank data tracking wire transfers from Switzerland into the United States, found that Caterpillar brought back $7.9 billion into the U.S. structured as loans, over and beyond the income that had already been taxed overseas. The company failed to report those loans for tax or accounting purposes, though under U.S. law those profits would be subject to federal taxes.

For example, the professor  found  correspondence between the company and the Securities and Exchange Commission in which Caterpillar said it had $2.5 billion  in income eligible to be brought to the United States tax-free. The company, she wrote, did not have “anywhere near” that much money still available to be brought in tax-free.

No charges have been filed yet. Last week, federal agents raided three Caterpillar buildings near its headquarters in Peoria, Ill., as part of the investigation. Caterpillar said it was cooperating with law enforcement, but denied wrongdoing. The Internal Revenue Service is currently seeking more than $2 billion in income taxes and penalties on profits earned by the Swiss unit.

Continue reading →

Ethics Train Wreck Update: Now The Dictionary People Have Boarded The Post-2016 Election Freakout

/ Jack Marshall / 26 Comments

It’s really depressing. I did not expect to see so many professions and professionals debase themselves and their ethical principles because they couldn’t deal with the results of a presidential election. . Historians. Judges. Scientists. Professors. College presidents and administrators. Performing artists. Intelligence community professionals. Judges. Journ–well, no, that one wasn’t a surprise.

My own profession, legal ethicists, booked a seat on the ethics train wreck, a development that was profoundly disappointing. Wrote one member of the profession who has remained clear -eyed while keeping his integrity, Steve Lubet in Slate,  “As a liberal Democrat, I have no sympathy for Conway’s habitual disregard for truth. As a professor of legal ethics, however, I think this complaint is dangerously misguided and has the potential to set a terrible precedent…The professors no doubt have faith in the professionalism of the District of Columbia Office of Disciplinary Counsel, but the bar authorities in other states may not always be reliably even-handed or apolitical. It is hardly inconceivable that lawyer discipline might somewhere be used as a weapon against disfavored or minority candidates, or as a means to squelch protest movements and insurgent campaigns. In the 1940s and 1950s, suspected Communists and alleged “fellow travelers” found their law licenses in jeopardy in many states. In the 1960s and 1970s, civil rights lawyers were hauled before the bar authorities in the South. The complaint against Conway is an unfortunate step back in the direction of using lawyer discipline against political enemies….”

Bingo.

Now “America’s dictionary,” Merriam-Webster, has decided that it is within its mission and purview to attack and mock the President of the United States..

Almost immediately after his election, the dictionary’s editors began trolling Trump and his administration, defined, by Merriam-Webster, as “to antagonize (others) online by deliberately posting inflammatory, irrelevant or offensive comments or other disruptive content.”

The website Acculturated has observed that on social media and its website Merriam-Webster has ridiculed the President  “for his every spelling mistake, grammatical error, and verbal gaffe. In honor of the election, they changed their header photo to a picture of a German word defined as the “collapse of a society or regime marked by catastrophic violence and disorder.” Then they highlighted what they claimed was the word most frequently looked-up, “fascism.” On Inauguration Day, they tweeted “Welp,” a word that conveys dismay or disappointment. The company also derided Betsy DeVos, Sean Spicer, Steve Bannon, and, of course, Kellyanne Conway.

This, needless to say, is not their job, their mission, or responsible professional conduct. It is, as it is for the other derailed professionals, smug virtue signalling and tribalism. Acculturated again:

[T]he dictionary’s editors are clearly partisan. They didn’t harass Hillary Clinton, and they don’t needle sports stars, celebrities, or, well . . . anyone else like they needle the President and his people.Theoretically, even that could be okay—a good, playful, occasional joke from the dictionary could have the whole country laughing. But if you mock one person too often, you start to reveal a pattern. If that pattern persists, the fun and games lose their light-hearted feel, and begin to betray bias instead.

Ya think???

Continue reading →

Boy, I Bet That Cruel, Xenophobic, Trump Administration Will Deport This Poor Kid…

/ Jack Marshall / 30 Comments

None of my captions for this photo of Oliver Funes-Machado are in good taste. Pass.

I don’t know about you, but I’m thoroughly sick of the daily media stories about the hardship of illegal immigrant families being “torn apart” when a parenty finally is held accountable for breaching our borders and breaking U.S. laws. Here is a refreshing story about a likely deportation that everyone can get behind.

I hope.

ICE officials in North Carolina confirmed that Oliver Funes-Machado is an illegal immigrant, and I bet the news media makes sure the “illegal” is included when reporting on his case, if they do.  The 18-year old has been charged with cutting off his mother’s head with a butcher knife.

This is unethical, by the way.

Originally from Honduras, Oliver is accused of repeatedly stabbing his 35-year-old mother before beheading her. He then walked outside, holding her head in one hand and the knife in the other, as he waited for Franklin County deputies to arrive. He  called 911 to report the crime, just like a good citizen should .

Well, that’s a mitigation, I guess.

The teen told the 911 dispatcher that he killed his mother “because I felt like it.”

I don’t think Honduras is sending us their best people.

I’m sure he is a Dreamer, but I still think he should be deported.

Comment Of The Day: “Double Standards, Hypocrisy, News Media Bias, “Bias Makes You Stupid” And Cognitive Dissonance—This One Has Them All! Thanks, Ben Carson!”

/ Jack Marshall / 18 Comments

Literally everyone I told about Ben Carson equating slaves with immigrants made a face like they had bitten on a lemon. The comparison is distasteful at a visceral level, because what we think of as immigration does not include being captured and shipped in chains to a strange land for sale, raping and breeding. Once it was pointed out that Barack Obama, rather than only Trump’s notoriously clueless HUD Secretary ( He believes, for example, that Egypt’s pyramids were built to store grain, not dead pharaohs), also championed this false equivalency, many rushed to defend it. The default argument was  that old standby of the desperate, the dictionary, asserting that the most common definition of  immigrant,  “a person who comes to live permanently in a foreign country,” applies to those who arrived in slave ships too. It is an intellectually dishonest position. Wikipedia accurately describes what immigrant means in common parlance–and it isn’t slavery:

Immigration is the international movement of people into a destination country of which they are not natives or where they do not possess citizenship in order to settle or reside there, especially as permanent residents or naturalized citizens, or to take-up employment as a migrant worker or temporarily as a foreign worker

In discussing “push and pull factors,” the article notes:

Push factors refer primarily to the motive for immigration from the country of origin. In the case of economic migration (usually labor migration), differentials in wage rates are common. If the value of wages in the new country surpasses the value of wages in one’s native country, he or she may choose to migrate, as long as the costs are not too high. Particularly in the 19th century, economic expansion of the US increased immigrant flow, and nearly 15% of the population was foreign-born, thus making up a significant amount of the labor force.

How odd, then, that the Africans slaves were pushed to “migrate” to a land where they received no wages at all! Of course, the “costs” were paid for by others, so that was one incentive, I guess…

Non-economic push factors include persecution (religious and otherwise), frequent abuse, bullying, oppression, ethnic cleansing, genocide, risks to civilians during war, and social marginalization..

Wow, those African “immigrants” were strange. They immigrated to get more persecution, terrible abuse, and ultimate social marginalization!

I confess I find the defense of this intentional blurring of material distinctions for cynical demagoguery as annoying as the demagoguery itself.

Fortunately, texagg04 managed to be more restrained, and approaches the issue from a different and interesting perspective. Here is his Comment of the Day on the post, “Double Standards, Hypocrisy, News Media Bias, “Bias Makes You Stupid” And Cognitive Dissonance—This One Has Them All! Thanks, Ben Carson!”: Continue reading →

Comment Of The Day: “Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just …Wow.”

/ Jack Marshall / 32 Comments

Spartan (“Sparty” to her friends) is a D.C. area lawyer  and professional woman, was well as the mother of girls. Thus her observations on the travails of women in the Halls of Power have special interest.

Here is Spartan’s “Comment of the Day” on post,  Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow:

I am going to criticize Ms. Conway for a minute, and I hope you all bear with me.

I am a career woman and, in fact, am the breadwinner for my family. Jack’s sister and I probably could exchange endless stories about the challenges of being a successful white collar female. I accept this as a fact in my life and recognize that I am held to a different standard without being bitter or loud about it. I did not wear red and stay home today despite the protest. In fact, I was supposed to be out of the office for meetings all day but deliberately came into the office so there would not be a presumption that I was taking part. I do not wear low cut dresses or stiletto heels. I do not sleep around the office — and never have. Continue reading →

Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow.

/ Jack Marshall / 49 Comments

Great apology there, Cedric. Ugh.

Why do I think this story is a big deal? I think it’s a big deal because it exposes–

…the white-hot hatred of Republicans by so much of the Left, on the level we have seen with Sarah Palin being attacked for running for office while being a mother, and Martin Bashir on MSNBC wishing that someone would defecate in her mouth, to the extent that they are literally willing to abandon and reject their own alleged core principles…

…calling into question whether they even are core principles, rather than calculated pandering to receptive groups, and thus..

…raising the specter of epic hypocrisy, which is a lack of integrity and honesty.

Then there is this: I have a brilliant younger sister. She is a lawyer, a litigator, a singer, and actress, the hardest working person I know, and someone who has always been able to match or surpass me in every field. Yet I have watched as her achievements have occurred in the teeth of a stiff wind of sexist bias, often making her unhappy, angry, resentful and stressed when she deserved so much better. Growing up with her, it never occurred to me that this kind of prejudice existed until I was the captain of the high school chess team, and saw how the other teams’ players—all male: our team had the only female players (3) in the Greater Boston chess league— were openly contemptuous that a “girl” would presume to challenge them. It was great: my sister slaughtered them. She is a merciless chess player, a killer, and didn’t merely beat her male opponents but humiliated them. She had the best record on the team. Yes, gender bias is personal with me. I hate it.

To briefly recap: Cedric Richmond, an African American  Democratic Congressman, leeringly implied, as a speaker at an event, that KellyAnne Conway’s posture in a photo taken in the Oval Office, “really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.” It was a reference to fellatio, and the old, old slur against successful women that they “suck their way to the top.” This was obvious and blatant, and yet when conservatives and Republicans–and only conservatives and Republicans—protested, Richmond, incredibly, denied that his comments had any offensive content or intent. He is a liar.

Then, in the wake of  stunning silence of any leader of the Democratic Party, major feminist, major news organizations and liberal pundits, CNN’s Jake Tapper pressed Rep. Richmond’s leader in the House, Nancy Pelosi, to condemn his remarks. She refused, and also lied. One prominent Democrat without portfolio or post, Chelsea Clinton, did condemn that “joke,” which hardly salvages the party’s integrity and honor. Her mother? Madeleine Albright? Elizabeth Warren? Donna Brazile? Michelle Obama? Senator Gillibrand? Maureen Dowd? Rachel Maddow? Anyone? Hello? Bueller?

Crickets. Yet it was undeniable, as one pundit noted, that a Republican who made such a comment about Valerie Jarret would have been “run out of town.” Wrote The Federalist’s Bethany Mandel yesterday,

This “on her knees” comment from a sitting Democratic lawmaker was largely ignored by the liberal media and those who consume it. This comment is just one of many recent incidents of sexism aimed in Conway’s direction, justified because she’s a traitor to her gender, as many feminists have claimed; a female Uncle Tom. Instead of being applauded for her groundbreaking work as a campaign manager on the biggest upset political campaign in American history, Conway is fodder for attacks on her looks and sexuality, often at the hands of individuals who claim to be feminists.Our president may have a history of misogyny, but it’s becoming increasingly clear many of those in the resistance against him are merely fair-weather feminists: happy to wage or at best ignore attacks on women based on their sex because they think it’s fair to attack the president at any cost.

Bingo.

Now comes the next chapter, as those who have exposed their deep hate and corrupting hypocrisy try to worm their way back into the public trust. Continue reading →

Double Standards, Hypocrisy, News Media Bias, “Bias Makes You Stupid” And Cognitive Dissonance—This One Has Them All! Thanks, Ben Carson!

/ Jack Marshall / 155 Comments

Here come some dreamy immigrants, longing to be free!

HUD Secretary Ben Carson is, as we learned last year, an idiot, or perhaps and idiot savant. He’s also a Republican and currently in the Trump Administration. Clearly, anything he says is likely to be  ridiculous, and probably offensive. Barack Obama, on the other hand, is brilliant. Brilliant, I tell you! He is also idolized by journalists—he sends a thrill up Chris Matthews’ leg!—, and, indeed in part because he is a Democrat and a liberal. Obama is also, of course, worshiped by blacks, intellectuals and progressives. Carson is black too,  but he is a Republican and a conservative, so the black thing is cancelled out.

Now, what happens when Carson and Obama say exactly the same thing?

While speaking to a group of employees at his department on Monday, Carson said:

“There were other immigrants who came in the bottom of slave ships, who worked even longer, even harder, for less, but they too had a dream that one day their sons, daughters, grandsons, granddaughters, great grandsons, great granddaughters might pursue prosperity and happiness in this land.”

What an idiot! “Immigrants?” mocked the NAACP. The Washington Post, New York Times, the Hill, Politico, and others headlined Carson’s comments, so bizarre, stupid and insensitive were they. Listen to this dummy! And Trump appointed him as a Department head! “Ben You’re A Fool! Slaves were not Immigrants!“ headlined the Miami Herald.

Now, a while back, when the brilliant, progressive, President Barack Obama ,said this about slave ships:

We say it so often, we sometimes forget what it means — we are a nation of immigrants. Unless you are one of the first Americans, a Native American, we are all descended from folks who came from someplace else — whether they arrived on the Mayflower or on a slave ship, whether they came through Ellis Island or crossed the Rio Grande.

Continue reading →

From The “‘Dear Colleague’ Letter Aftermath” Files: Amherst’s War On Men

/ Jack Marshall / 22 Comments

Once the Obama Education Department sent out its threatening “Dear Colleague” letter that strongly hinted at dire consequences for universities and colleges that did not tilt their sexual assault disciplinary procedures toward a less stringent standard of guilt, horror stories about male students unjustly presumed guilty of sexual assault or rape have been proliferating. This is the worst one I’ve ever seen.

In February of 2012, a male, Asian-American student (“John Doe”) and “Sandra Jones,” as she is referred to in court documents, went back to Jones’ dorm room after a night of hard drinking.  John blacked out, and couldn’t  recall anything about the evening, a claim Amherst deemed “credible” during his disciplinary hearing. At some point, Sandra performed oral sex on John. Nearly two years later, Sandra  accused John of sexually assaulting her.  In his lawsuit, John Doe alleged that his adviser couldn’t speak for him, that he could only write down questions for his accuser or witnesses ( no cross examination)  and that the hearing panel was made up of administrators trained in “social justice education.” You know: Men bad, women victims.

In the school’s hearing, Jones claimed she texted a friend to come over for help because she had been sexually assaulted. The school never bothered to obtain those text messages—after all, they followed the Hillary Clinton directive that “victims of sexual assault have the right to be believed.”  Here’s what she texted to her girl friend: Continue reading →

Shaun King: Activist Ignoramus

/ Jack Marshall / 49 Comments

Deep thoughts from Shaun King…

Activists who have neither knowledge nor understanding of the government, the Constitution, civics and basic political realities should be accorded no respect, attention or influence. Since their pronouncements and assertions are based on bad information and misconceptions (and perhaps stupidity), who cares what they think about an issue? The news media should ignore them; politicians should ignore them; everyone should ignore them. Well, except to mock them. They deserved to be mocked.

This brings us to Shaun King, the Black Lives Matter activist and writer—and the fact that someone as ignorant as King can make a living as a writer is disturbing in itself.  He is on the staff of The New York Daily News as the “senior justice writer.” I’ll remind you of this later.

King just delivered his signature significance self-exposé via his favorite mode of communication, social media, in this case, Twitter. This means that many thousands of his followers, as well as the news media, now have incontrovertible evidence to prove beyond a shadow of a doubt that he knows less about the country he lives in and its government than we should expect from a 7th grader.

Behold!

Yesterday, King announced on Twitter what he called “serious but wild” questions. Sit down for this. I mean it.

His first:

1. Can the people of the United States somehow hold a vote now, or next year, to oust Donald Trump? Like a recall of some sort?

His second…

In laymen’s terms, what would it take for the USA to pass a Constitutional Amendment for a President Recall like CA has for a Governor?

Uh oh…I was afraid of this…

There goes the head…

Continue reading →