Journalism & Media

Morning Ethics Warm-Up, 10/1/2017: Puerto Rico, Baseball Ethics, And Good Riddance To Hugh Hefner

/ Jack Marshall / 58 Comments

Gooood Morning October!

1 And with October comes the wonderful post-season of that all-American sports that does not leave its athletes with brain disease, that requires some erudition and an attention span longer than a terrier puppy’s to appreciate, and that does not subject its fans to incoherent political theater as part of the price of watching a game. Yes, “it’s baseball, Ray.”

Yesterday the Boston Red Sox finally clinched the America League East title, the first time in over a century that this perverse team has won a championship in consecutive years. In other words, nothing can spoil my mood today.

There are a couple of baseball ethics notes, too:

  • In Miami, Giancarlo Stanton has one last game to hit his 60th home run, which would make him the sixth major league to reach that mark in baseball history. Two of the six, Babe Ruth, whose 60 homers in 1927 stood as the season record for 34 years, and Roger Maris, the Yankee who broke the record with 61 in something of a fluke season, reached the mark fairly. The other three, Mark McGwire, Sammy Sosa, and Barry Bonds, were steroid cheats. Ever since Stanton caught fire after the All-Star break and looked for a while as if he would exceed 61, wags have been saying that he would become the “real” record holder, since the totals of Mark, Sammy and Barry ( 73, the current record, in 2001) shouldn’t count. Of course they should count. They have to count. The games were official, the runs counted, the homers are reflected in the statistics of the pitchers, the teams, and records of the sport. Bonds should have been suspended before he broke any records, but baseball blew it. Saying his homers (and Sosa’s, and McGwire’s) don’t count is like arguing that Samuel J. Tilden, Al Gore and Hillary Clinton were elected President.

Integrity exists in layers, and the ultimate integrity is accepting reality. The 1919 Reds won the World Series, fixed or not. O.J. is innocent in the eyes of the law, and Roger Maris no longer holds baseball single season home run record.

  • In Kansas City, manager Ned Yost did something gracious, generous, and strange. The Royals, a small market team that won two championships with a core of home grown, low-visibility stars, now face losing all or most of them to big free agent contracts that the team simply cannot afford. Fans are often bitter about such venal exits, and teams usually fan the flames of resentment: better that the market be angry at the players than the organization. After Red Sox fan favorite Johnny Damon, a popular symbol of the 2004 World Series winning club, left for greener pastures in the New York Yankees outfield, he was jeered every time he came to bat in Fenway Park for the rest of his career.

But Ned Yost, who will be left with a shell of his team and a new bunch of kids to manage in KC next year, was not going to let the players who made him a winner depart amidst anger and recriminations. During yesterday’s 4-3 victory in front of the home crowd at Kauffman Stadium, Yost engineered an emotional curtain call for all four of the players who were probably playing their last games as Royals.

He pulled them from the game, one by one, all while the team was in the field or the player on the bases, so each could get a long standing ovation: Eric Hosmer in the moments before the fifth inning; Mike Moustakas with one out in the sixth. Lorenzo Cain for a pinch runner. Alcides Escobar in the middle of the seventh.

Nice.

And none of them took a knee on the way out…

2. I have been researching to find any objective reports that support the claim that the federal government and FEMA are not doing their best to help Puerto Rico. There aren’t any. There are plenty of videos of the devastation, but even the New York Times, which is the head cheerleader for anti-Trump porn, has only been able to muster headlines about the relief effort being criticized. All of my Facebook friends writing—it’s really dumb, everybody—about how Trump is uncaring as they signal their virtue by telling us how their hearts go out to the residents of the island literally know nothing about the relief efforts. They don’t know anything about the planning, the logistics, the problems or what is feasible. Nonetheless, they think they have standing to say that it is incompetent, or slow (which means, slower than it has to be), or, and  anyone who says this better not say it to me, based on racism. Their assertions arise out of pure partisan bias, bolstered by convenient ignorance.

Vox’s Matt Yglesias, one of the knee-jerk doctrinaire leftists in the commentary world who does an especially poor job hiding his malady,  attempted to take a shot at the Trump administration by tweeting,

“The US government supplied Berlin for nearly a year by air despite a Soviet blockade using late-1940s technology.”

This is only a valid comparison for the willfully obtuse. You can’t airlift electricity and water, or a communication and transportation infrastructure that is necessary to distribute supplies. Berlin was surrounded, but it had all of these. Continue reading →

Now THAT’S Defamation…

/ Jack Marshall / 10 Comments

I don’t know what is so hard to grasp about the concept of defamation. The idea is that one must not assert as fact something about a person that is demonstrably false and that holds that person up to public ridicule or hostility, harming their reputation. It is easily distinguishable from opinion: it must be published “with fault,” meaning as a result of negligence (asserting a “fact” without checking that it is true) or malice (with the intent of harming someone’s reputation). Why is that difficult? I don’t know. This guy, however, really doesn’t understand defamation, and he was a radio talk show host. That’s like not understanding snakes and becoming a snake charmer. Yes, the ethics value being missed here is competence.

New Hampshire radio talk show host Michael Gill (above)  used billboards, his website and his radio show called “State of Corruption Radio” to call local businessmen, among other things, heroin dealers. A typical broadcasts included quotes like this:

“Now I told you, and I’ve been telling you, the heroin dealers are in this state are Anagnost and Crews. Now who are these people? Well a couple of the wealthiest men in our state. That’s how they got wealthy, okay? They have a warehouse. I brought this up. We had witnesses, distributing and unloading drugs and machine guns from trucks.”

Wait, what? Didn’t this guy have a lawyer? Didn’t the station have a lawyer? Any lawyer within hearing distance of a broadcast like that had a duty to rush to the station, break into the studio, and stuff a wadded up sock in Gill’s mouth. Continue reading →

Morning Ethics Warm-Up, 9/30/2017: The Price Is Wrong, Traveling Men The Trump Cabinet,And The Return Of “Will & Grace”

/ Jack Marshall / 34 Comments

Good Morning!

1 Under pressure from President Trump, who shouldn’t have appointed him in the first place, Health and Human Services Secretary Tom Price resigned  yesterday. He, along with other Trump officials, was under Congressional scrutiny for using expensive charter and military flights unnecessarily, costing taxpayers at a time when the administration is supposedly watching the budget. Under Federal Travel Regulations, officials are told to take the “most expeditious” means of transportation which “by no means should include personal use,” Chairman Trey Gowdy and ranking member Elijah Cummings had written to  letter to Price, 23 other agency heads, and the White House. Price has spent more than $400,000 on taxpayer-funded private jet travel since May.

Price’s abuses included a $17,760 round trip on a charter jet to Nashville, where the HHS Secretary stayed less than six hours, including lunch with his son. The day before he resigned and a day after the President publicly expressed displeasure over the travel abuses, Price had apologized. “Today, I will write a personal check to the U.S. Treasury for the expenses of my travel on private charter planes. The taxpayers won’t pay a dime for my seat on those planes,” Price said in a statement, adding that he will no longer take private planes while serving as Secretary. “No exceptions.” This was deceit, however. The repayment was just $51,887.31, a fraction of the true cost to the government. That was, as Price said, the cost of  the secretary’s “seats” if had flown commercial.

Price is not the only Trump official whose travel practices and expenditures raise at least the appearance of impropriety, but if one had to be the symbolic whipping boy, Price was a great choice. He was also my choice back in January for “Trump Cabinet Appointee Most Likely To Make Money Off Of His Position.” In a post expressing disgust at Price’s appointment, I wrote,

“Last year, Price purchased shares in Zimmer Biomet, a medical device manufacturer right before he introduced  legislation that would have directly benefited the company. Price bought between $1,001 to $15,000 worth of shares in the company last March, and then, less than a week after the transaction,  introduced the HIP Act…to delay until 2018 a regulation that industry analysts believed  would significantly hurt Zimmer Biomet, one of two companies most affected by a regulation that limits payments for joint implant procedures. Not only did Price have a financial stake in the regulation he tried to stall,but after Price introduced  his bill, Zimmer Biomet’s political action committee donated to the Georgia congressman’s reelection campaign.”

2. Losing one arrogant, travel-abusing high official may not be enough. It’s an interesting problem: is it fair to make one miscreant the focus of abuses that involve many? No; it’s also not practical, and therefore not responsible, to behead a significant portion of the Executive Branch because oversight was lax and an unethical culture had been allowed to take hold. I think Veterans Affairs Secretary David Shulkin would be an excellent and deserving candidate to join Price as metaphorical head on a pike.

Shulkin took a 10-day trip to Europe this past July, for meetings with Danish and British officials about veterans’ health issues. He treated much of the trip as a vacation, taking in a Wimbledon championship tennis match, touring Westminster Abbey and taking a cruise on the Thames with his wife, whose expenses were also paid for by you and me. The federal government paid for the commercial flights for Shulkin and his wife, and provided a per-diem reimbursement for their meals and other expenses. How did Mrs. Shulkin rank reimbursements and taxpayer-funded airfare? A VA spokesman explained that she was traveling on “approved invitational orders” and had “temporary duty” travel expenses.

In other words: “Huminahuminahumina…” Continue reading →

Tales Of The King’s Pass: The Rick Pitino Saga

/ Jack Marshall / 31 Comments

My father attended to the University of Louisville for a while, and he was a proud Louisville boy, so the recent fall of the school’s famous basketball coach has a homey ring for me. Fortunately, my father had little use for big time college sports and if he followed college basketball or the fortunes of his old school, he never passed an interest in hoops to me. Mark that as one more thing to be grateful to Dad for. For decades, my lack any rooting interest in college basketball and college football has been driven by the knowledge that  they are both malign corrupting influences on higher education, students, athletes, African-Americans, communities, the sports media, and the nation’s culture. The amazing thing is that the sports don’t even hide it very well.

If you are not aware of the recent college recruitment scandal coming out of Louiville, here’s a short summary. Rick Pitino is perhaps the most famous college men’s basketball coach, and maybe the most celebrated college sports coach generally now that Joe Paterno is gone. (Here’s how closely I follow college sports: there was a time when I thought Pitino and Paterno were the same person, as in “You say Paterno, and I say Pitino…!”—which is ridiculous: Pitino is a cheat, and Paterno let children be molested so he could save his football program from bad publicity.) Pitino was placed on unpaid administrative leave after the school learned that he was a target of an FBI investigation into fraud and corruption. Yesterday, CBS  identified Pitino as the “Coach-2” who played a role in funneling $100,000 to a U of L  basketball recruit. That player is Brian Bower, and the 1oo grand came from Adidas “at the request of a coach,” apparently Pitino. In case you are really a college sports virgin, the NCAA has strict rules against paying athletes or offering them money to come to a school, unless the money is in the form of a phony scholarship that has nothing to do with education.

The key thing to remember is that nobody is really surprised. Well, nobody is surprised when any big time college  football or college coach is caught in recruiting scandals, but Pitino has been involved in several scandals throughout his career: Continue reading →

Morning Ethics Warm-Up, 9/28/2017: Late For My Ethics CLE Seminar Edition!

/ Jack Marshall / 121 Comments

 

GOOD MORNING!

1 Incredible! The stupid NFL Anthem Protest Ethics Train Wreck is still dominating the newscasts this morning. Now football fans are organizing boycotts and burning NFL merchandise. Meanwhile, I heard a quick exchange this morning where an advocate for “The Knee” insisted that “it’s not about the National Anthem” and the retort was, “If it’s not about the National Anthem, why is the protest during the National Anthem?” Good question. The Ethics Alarms Protest Checklist could have prevented this whole mess. That, or the simple responsible act of the NFL telling its players that they were free to make whatever political statements and protests they chose, out of uniform and as private citizens, but when they attempted to do so on the NFL’s time, on the field, the they were doing harm to the team, the league and the game.

2. Speaking of tribalism, what can you call Michelle Obama’s statement encouraging gender bias (as long as it is favor of the right gender) with her statement that “Any woman who voted against Hillary Clinton voted against their own voice”? I’ll give the former First Lady credit, though: she has always been a hard left demagogue, but for the most part completely avoided venting these views while her husband in office. That was prudent, appropriate and wise.

3. Why does the President keep saying that the U.S. is the most heavily taxed nation in the world? This has been debunked over and over. Has no one told him?

4. Conservative news sources and blogs are thrilled that ex-CIA agent Valerie Plame, the central figure in a false Democratic narrative concocted to embarrass the Bush Administration, embarrassed herself by tweeting anti-Semitic sentiments. Alan Dershowitz explains her conduct in excruciating detail here, but Plame is a non-entity. The Right’s obsession with is story is pure revenge. She’s not important, the Plame Affair is not only old news, but also an event that not one in 10,000 Americans could explain if their lives depended on it, and the fact that one woman whom Democrats tried to make into a martyr over a decade ago for partisan gain is a bigot just isn’t news.

5. Ugh—late for my seminar!

 

Morning Ethics Warm-Up, 9/26/17: The News Media Hides Sen. Strange’s Corruption, And An NFL Anthem Protest Ethics Train Wreck Update

/ Jack Marshall / 60 Comments

Good Morning, Dallas! Proud of your politically correct football team?

Good Morning!

1 The New York Times and the rest of the mainstream news media, it is a relief to know, unethically and deceptively slants its news reporting in favor of Republicans when even worse Republicans are involved. Since the Ethics Alarms post about the horrible Strange-Moore run-off, I’ve been reading several articles about the issues involved. So far, I have yet to read any that mention the corrupt manner in which Sen. Strange got his seat. They all mention Moore’s problems, like the fact that he’s a theocrat who doesn’t believe in the Rule of Law.

And now your NFL Anthem Protest Ethics Train Wreck update, because it can’t be avoided, unfortunately…

2. The sports weenies of the year have to be the Dallas Cowboys, who didn’t have either the courage to play it straight and let the silly NFL Anthem Protest Train Wreck miss a stop, or the fortitude to climb right on. On Monday Night Football’s game this week, the Cowboys, owner Jerry Jones, Coach Jason Garrett and other coaches and front office executives kneeled in unison before the anthem, then rose and locked arms as it was being performed. What did it all mean? “Our players wanted to make a statement about unity and we wanted to make a statement about equality,” Jones said at a post game news conference. “They were very much aware that statement, when made or when attempted to be made in and a part of the recognition of our flag, cannot only lead to criticism but also controversy. It was real easy for everybody in our organization to see that the message of unity, the message of equality was getting, if you will, pushed aside or diminished by the controversy. We even had the circumstances that it was being made into a controversy.”

That’s clear as mud, as my dad liked to say.

Here was another theory: Cowboys wide receiver Dez Bryant told the news media that the decision “was a team thing” that was a direct response to comments and tweets by President Trump over the weekend.

“I feel like that’s the true definition of unity.Trump can’t divide this. I think sports show the perfect example of unity. It’s not just black NFL players, it’s different races. I feel like that was a clear shot at Trump, sitting on that knee like that because you just can’t do that [What Trump said was] super disrespectful. We showed great unity tonight. That’s what that was for. I feel like that was needed. … We’re not going to let a guy like that tear us apart. Not just us but this whole entire league. We’re a prime example of positive people. … He should have never said that. It was a clear punch in the face. I feel like we made up for that.”

Wait, so now this is an anti-Trump protest? What happened to protesting officers getting paid while cop-involved shootings were being investigated—you know, what Colin Kaepernick said?

The Cowboys’ whatever it was was naked, cynical virtue-signalling that ended up being stupidity-signalling. Continue reading →

Morning Ethics Warm-Up, 9/24/17: Sen. McCain, His Pal, And The Amazing Brain Of Hillary Clinton.

/ Jack Marshall / 37 Comments

Isn’t it a beautiful morning?

1 Another mind-blowing Hillary Clinton note: in an interview on MSNBC, she said that women who supported candidate Trump publicly disrespected themselves, and expressed amazement that any women would be so foolish as to associate themselves, even distantly, with such a sexist.. I’d love to know what internal editing, re-casting of reality, obliteration of integrity and massive lack of self-awareness goes on in Hillary’s head to allow her, of all women, to say things like this, and even more remarkable, assume that nobody—rather than virtually everybody— would find it laughable.

I’m not even going to elaborate on why Hillary Clinton saying women disrespect themselves by supporting a sexist and misogynist is astounding, even for her. I respect my readers’ intelligence. I bet you can figure it out on your own.

2. Senator John McCain is suddenly a hero, twice, for again announcing that he will not support another apparently lousy, GOP bill to repeal and replace Obamacare.  While I have my doubts about the nobility of the Senator’s motives—I think his bitterness at Trump goes deep, and that bias affects his professional actions—but it is worth reading McCain’s arguments for why he will not support the bill, which are solid and ethical, and hardly an endorsement of the ACA: Continue reading →

Morning Ethics Warm-Up, 9/23/2017: Special “Love Him, Hate Him Or Tolerate Him, Ya Gotta Admit President Trump Isn’t Boring” Edition

/ Jack Marshall / 22 Comments

I don’t know about you, but I was getting mighty sick of those “morning” shots…

GOOD MORNING!

1 Peggy Noonan, the former Reagan speechwriter who writes powerfully and is not afraid to take unpopular positions, has been as critical of Trump as any rational pundit. She writes in her latest column, that the news media has misrepresented Trump’s U.N. speech, which, she says further,  was what the U.N. “needed to hear clearly and unequivocally.” She adds,

A great line—because it spoke a great truth—was this: “The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented.” Mr. Trump then paused and looked at the audience. It struck some as a “please clap” moment. It struck me as a stare-down: I’m saying something a lot of you need to hear. You’re not going to like it, and I’m going to watch you not like it.

… Mr. Trump is on a roll, a sustained one the past few weeks, and this is new. All levels of government performed well in the hurricanes. Mr. Trump showed competence, focus and warmth. His bipartisan outreach, however it ends, went over well with core supporters and others. He had a strong speech at the U.N., in fact a successful U.N. week, beginning to end. His poll numbers are inching toward 40%.

Noonan meets the ethical standard that the mainstream news media, critical pundits and “the resistance” have relentlessly breached: give the President credit when it’s due, and subdue bias to engage in objective analysis for the public;s enlightenment.

2. Ann Althouse, also noting that the President’s poll numbers have been creeping up (a. Not that much b. Who trusts polls? c. So what?), polled her readers regarding why they thought this was happening. Her options were mostly the right ones, though Peggy’s “bi-partisan outreach” was conspicuously missing…

“Hurricanes”—these sorts of natural disasters are usually opportunities for Presidents to play President, and that seldom is anything but enhancing to a POTUS’s image. Ronald Reagan’s speech after the Challenger disaster was a perfect example. Trump gets less credit than he deserves because the news media works hard to represent anything he does in a negative light.

“Kim Jong Un”—Since so many progressives believe that we should keep allowing North Korea to extort the West by endlessly appeasing it, it is hard to see Trump’s hard-line stance moving the needle.

“U.N. Speech”—unless American read it, which few have, I assume the (false) mainstream narrative that it was a disaster prevails.

“Normalization happened”—THAT’s certainly wrong. If it means that General Kelly has made a big and positive difference, then OK. The Wite House is certainly more normal than it was, but far from normal.

“Russia collusion story fading”: “The resistance” is still certain that Trump bartered to win the election and will be impeached for it. Facts, evidence and reality are irrelevant to them.

“Successful policies have been implemented”—In fact this is true, but again, the only ones who know it are pro-Trump partisans,  the small number of citizens who dig through the static and fog of mainstream media Trump Hate, and those who don’t think any retreat from the inexorable progression to open borders, socialism and Big Brother is a tragedy.

“Nothing’s gone horribly wrong (yet)”: The Trump Deranged think that everything has already gone horribly wrong, and that we’re all going to die. Here is a typical Facebook post from a good friend this week:

Trump IS deranged. And we’re all going to pay for it. Am I surpised that a hermetic totalitarian proto-monarchy has created a Kim Jong Un? No, it’s completely predictable and logical. That the US of A has elected someone who is NO better whatsoever than Kim, and in some ways quite worse, is the unforgivable aspect of this whole equation.

“Bad things like The Wall and repealing Obamacare seem to have been merely campaign bluster”—Nah. Lots of other things were bluster; these were just impossible.

But I voted for this one, also supported by my friend’s crazy post: “Trump haters are tiresome.” “Tiresome” is professorial nice-speak for “So vile, un-American and unhinged that if they want one thing, sane and fair and rational citizens will increasingly prefer the opposite.”  The category includes “tiresome” public figures like the Late night “comedy” show hosts, Bill Maher, Samantha Bee, Hollywood, MSNBC, Maxine Waters, the New York Times, CNN, Black Lives Matter, Tom Perez, Elizabeth Warren, and, of course, Hillary Clinton. It’s pure cognitive dissonance.

Naturally that choice is also leading in votes, followed by hurricanes, North Korea, and the UN speech.

3. As always, when the President is feeling cocky, he lets loose with dumb tweets and inflammatory comments just to remind us that he’s not going to change. This morning he reacted to San Francisco Warriors super-star Steph Curry saying that he “didn’t want to go” to the White House when the President hosts the traditional visit from championship sports teams, tweeting,

“Going to the White House is considered a great honor for a championship team.Stephen Curry is hesitating, therefore invitation is withdrawn!”

Stipulated: this is petty, and beneath the President’s office, like 99% of his tweets. It shows thin skin and vindictiveness, and is punching down in the sense that any attack on a citizen from the White House is punching down.

And yet, and yet…I have to say I smiled when I read it. It is damaging for athletes and cultural role models to be disrespectful to the President, the Office, and the country. Curry was gratuitously rude, and deserves a rebuke…just not from the President of the United States.

(I still hope Trump retracts the invitation to the whole team.)

The other outburst, also involving sports, is indefensible.

At a Huntsville, Alabama rally for Republican Senator Luther Strange, who is running in a special GOP primary election to remain in the seat vacated by Attorney General Jeff Sessions, Trump went off script and said,

“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now. Out! He’s fired. He’s fired!’” Trump said. “You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it [but] they’ll be the most popular person in this country…But do you know what’s hurting the game more than that? When people like yourselves turn on television and you see those people taking the knee when they’re playing our great national anthem. The only thing you could do better is if you see it, even if it’s one player, leave the stadium. I guarantee things will stop. Things will stop. Just pick up and leave. Pick up and leave. Not the same game anymore, anyway.”

Ugh. Owners have a right to discipline players for bringing politics onto the field. When a President tells them to, that  edges too close to government action, chilling speech, and a First Amendment violation.

On the other hand, one does not have to be a conspiracy theorist to detect an uncoordinated but pervasive effort in the news media, academia, the tech sector, show business and Hollywood, and now sports, to flood the culture with so much progressive propaganda and anti-Trump bile that government becomes impossible. The effort has to be countered, but the President is not the proper one to counter it. Still, the integrity and functioning of our democracy is at stake.

4. In Ann’s “Successful policies have been implemented” category, except I would call it “essential polices,” was the expected withdrawal of the Obama Education Department’s infamous “Dear Colleague” letter that prompted universities to dispense with due process and fair standards when finding male students guilty of sexual assault and rape. Blogger Amy Alkon, another rational Trump critic, nonetheless enthusiastically and definitively slapped down an awful, ethics-devoid Times op-ed that, as the Left is wont to do these days, argued that the innocent until proven guilty standards and equal justice should be re-calibrated for the greater good, which is to say, for the benefit of favored groups. Alkon writes of the feminist authors,

[T]hey clearly aren’t looking for justice for all, but just justice for some: typically, the woman. They continue:

The preponderance of evidence standard is also survivor-centered. When judging whether someone has been raped, it’s almost impossible to assert that a sex act constituted violence “beyond a reasonable doubt.”

Our justice system in this country involves erring on the side of freeing a possibly guilty person in hopes of seeing that innocent people are not imprisoned. The fact that it is sometimes hard to judge a “he said”/”she said” case does not change that.

On the other side, and in Althouse’s  “Trump haters are tiresome” ( “tiresome”= frequently biased, ignorant, dishonest, undemocratic, unfair, vicious and hypocritical, as well as dumb as bricks) category, we have this tweet from snarky female comic Chelsea Handler:

“Thank you @betsydevos for making it easier for rapists going to college to get away with raping innocent women. What a role model…”

Anyone who thinks that is clever or true needs to—quickly— read the Constitution, perhaps with a literate translator, maybe a U.S. history book or two, and get at least a rudimentary understanding of the principles underlying the United States and its values.

_____________________________

Graphic: heartist

 

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

/ Jack Marshall / 28 Comments

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading →

From The “Stop Making Me Defend Lawrence O’Donnell!” Files: The Golden Rule

/ Jack Marshall / 59 Comments

A video has gone viral, mostly thanks to conservative websites and blogs, of MSNBC host Lawrence O’Donnell having an extended meltdown during the taping of his show, full of vulgar, expletive-laden explosions at his staff. Mediaite, the media gossip and news site, first released the video, and stitched together the multiple tantrums to make O’Donnell look especially ridiculous.

The tape resembles some classic moments from “SCTV on the Air,” the satirical syndicated ensemble comedy show ( with John Candy, Eugene Levy, Andrea Martin, Catherine O’Hara, Ric Moranis, Joe Flaherty and Dave Thomas) that chronicled the mishaps of a struggling, fictional local TV station. It is indeed funny watching a news anchor lose it, and once he blows his gasket, O’Donnell is spectacular

You will not see Ethics Alarms criticizing O’Donnell, however. Nor will I link to the video.  (The clip of Steve Martin In “Planes, Trains, and Automobiles” erupting at an airport rental car employee is as close as I will get.)  I know that I would be humiliated if one of my own bad moments during my work day, or after it, were surreptitiously videotaped and then leaked to the individuals I would least want to see it. I have had episodes, in the sparsely populated ProEthics offices, when stress, frustration, a series of horrible events and my own ineptitude have caused my emotions to boil over, and the resulting displays have not been something I would want shown to my grandchildren. If there is anyone who hasn’t had such episodes, I am awash in admiration.

I came close to having one today, in fact, after a string of annoyances was capped by the receipt of a summons from a deranged former commenter here, who is suing me for defamation because he says I was mean to him (I was; he deserved it) and wants me to pay him $100,000.  The suit is groundless and pure harassment, but I have better things to do with my time than deal with such things, and that did it for me.

My tirades are much more creative and active than O’Donnell’s. Also louder. Ask my wife.

There are few talking heads that I admire less than Lawrence O’Donnell. He is nasty, perpetually angry, and so left-biased that his head probably doesn’t turn to the right. I have been in the dark place where he was, however, and will be again. The only difference is that I do not have working with me the kind of unethical, vicious, back-stabbing  subordinates who would leak a video just to hurt me and my career. Continue reading →