Kaboom!

Ethics Dunce (Again): Georgetown University Law Center…and May I Add: KABOOM!

/ Jack Marshall / 3 Comments

From Ethics Alarms, December 10, 2023…

Late yesterday,the president of the University of Pennsylvania, Elizabeth Magill, resigned, and the school’s chairman of the board followed with his own resignation a couple of hours later. Magill was one of three elite college presidents who embarrassed themselves and their employers with offensive, legalistic answers to pointed questions from Representative Elise Stefanik (R-NY) regarding their school’s tolerance of anti-Semitism on their campus in the wake of the October Hamas terrorist attack on Israel, and their weak responses to demonstrations on their campuses that could fairly be called threatening to Jewish students.

UPenn’s situation became critical when alumnus Ross Stevens announced that he was withdrawing a gift worth around $100 million. That would be a significant loss even for Harvard, whose endowment exceeds the treasuries of many nations. The resignation immediately focused attention on Claudine Gay, Harvard’s president of just a couple of months, whose responses to Stefanik’s withering cross-examination in the Congressional hearing were extremely similar to Magill’s. The resignation of all three women was called for in an unusual letter signed by 72 members of Congress, many of them Democrats.

I just received this message as a Georgetown University Law Center alumnus:

Dear Georgetown Law Alumni,

It gives me great pleasure to share with you that M. Elizabeth (Liz) Magill has been appointed as the next Executive Vice President and Dean of Georgetown University Law Center, beginning August 1, 2026. President Robert M. Groves’ announcement is linked here.

Professor Magill brings to Georgetown Law a wealth of experience leading some of our nation’s most prestigious universities and law schools, including serving as President of the University of Pennsylvania, Executive Vice President and Provost of the University of Virginia, and Dean of Stanford Law School. I am pleased to share that, in addition to her role as Executive Vice President and Dean, Professor Magill will join the Law Center as a tenured member of the faculty. And her Georgetown roots run deep—her father and three of her siblings are Georgetown graduates.

Professor Magill is a graduate of Yale University and the University of Virginia School of Law, where she was articles development editor of the Virginia Law Review. Following law school, she clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg. She is an award-winning scholar of administrative and constitutional law whose research focuses on topics such as the separation of powers, standing, regulation, and judicial review. She is an elected fellow of the American Academy of Arts and Sciences and member of the American Law Institute.

This is a critical time for the Law Center and the University. I am confident that Professor Magill is the right person to lead the Law Center into a new era marked by academic excellence, financial resilience, and national prominence. There will be many opportunities over the next several months for you to meet Professor Magill. In the meantime, please join me in welcoming her to Georgetown University and to the Law Center. 

Sincerely,

Joshua C. Teitelbaum
Interim Dean & Executive Vice President
David Belding Professor of Law

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My Head Just Exploded Over This News of the Corruption Of Our Legal System That I Didn’t Know About Because The Media Decided a “Today” Host’s FAMILY CRISIS IS MORE IMPORTANT…!!!

/ Jack Marshall / 4 Comments

In case you can’t tell, I’m madly disgusted about this, “this” meaning both the episode I’m going to write about, and the fact that I didn’t hear or read about it immediately because of our incompetent, irresponsible news media deciding that their dumb audience would rather share feelings with Savannah Guthrie.

From the New York Times: [Gift link!]

“A former obstetrician-gynecologist at the University of California, Los Angeles, who was convicted in 2022 of sexually abusing patients must be given a new trial, a state appeals court said on Monday, overturning the former doctor’s conviction. The former doctor, James M. Heaps, 69, was sentenced to 11 years in prison in April 2023 after jurors in the Superior Court of Los Angeles County found him guilty of three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person. U.C.L.A. has already paid about $700 million to settle claims of sexual misconduct against Mr. Heaps, who was affiliated with the university in various roles from 1983 to 2018.

“A three-judge panel on the California Court of Appeal ruled on Monday that Mr. Heaps had been denied a fair trial because the trial judge never told Mr. Heaps’s lawyer or the prosecutors on the case about a note that the jury had sent while it was deliberating in October 2022.

The “Note to Judge” said that a recently seated alternate juror had “expressed to us that his limited English interfered with his understanding of the testimony, resulting in every case being the same, and his mind is already made up.”

Under the California Code of Civil Procedure, people who lack “sufficient knowledge of the English language” cannot serve on trial juries. The appeals court ruled that Mr. Heaps’s conviction must be overturned.”

“We recognize the burden on the trial court and regrettably, on the witnesses, in requiring retrial of a case involving multiple victims and delving into the conduct of intimate medical examinations,” the appeals court wrote. “The importance of the constitutional right to counsel at critical junctures in a criminal trial gives us no other choice.”

The Los Angeles County District Attorney’s Office said in a statement that it planned to retry Mr. Heaps ‘as soon as possible.’ Mr. Heaps will be sent back to county jail, the office said, and a court could release him on bail.”

I will now pause a bit while you mop your skull and brain bits off your computer screen. I’ve found that Windex does a good job, though you have to pick up the bigger pieces with your fingers.

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From The Ethics Alarms “You Can’t Make This Stuff Up” Dept…

/ Jack Marshall / 26 Comments

Our President’s letter to the Prime Minister of Norway:

“Dear Jonas:

“Considering your Country decided not to give me the Nobel Peace Prize for having stopped 8 Wars PLUS, I no longer feel an obligation to think purely of Peace, although it will always be predominant, but can now think about what is good and proper for the United States of America. Denmark cannot protect that land from Russia or China, and why do they have a “right of ownership” anyway? There are no written documents, it’s only that a boat landed there hundreds of years ago, but we had boats landing there, also. I have done more for NATO than any other person since its founding, and now, NATO should do something for the United States. The World is not secure unless we have Complete and Total Control of Greenland. Thank you! President DJT”

Observations, as I consider heading for the nearest bridge…

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Last Head Explosion of 2025 (I Hope)

/ Jack Marshall / 3 Comments

Before I post a more substantial essay today I will have to puck the skull pieces and brain bits off of my living room ceiling, carpet, furniture and TV screen after making the mistake of watching CNN’s Abby Phillip show for ten minutes. As usual, her panel of partisan idiots (with the exception of CNN token Republican Scott Jennings) were babbling on with today’s Trump hate. I expected that, but as I routinely switch channels whenever this thing passes my eyes, I did not expect that the level of discourse would be beneath what I would expect late in a cast party when all of the woke actors are half- or totally crocked.

There was no expertise, useful analysis or objective commentary at all, just indignant repetition of Axis talking points as fact: gaslighting, or fake news for the ignorant and gullible. “Trump has used the Executive Orders to get around Congress, and changed the Presidency by doing so!” (Barack Obama openly and specifically established this as a “norm.”) “Trump just defies the Constitution and the Supreme Court lets him get away with it!” (The comment came up regrading SCOTUS taking up the birthright issue, regarding which the Trump administration has made a legal argument, and has not defied the Constitution.) “Yes! It’s just like abortion…” (No, you idiot, it is not “like abortion.” Abortion was never mentioned in the Constitution: an activist Court bent the document out of shape to turn abortion into a right that not a single Founder would have endorsed. Birthright citizenship IS in the Constitution, which is why it is unlikely that the Trump theory will prevail.) “Everything Trump does is to line his own pockets!” (Pure talking point, and one that I read or hear every single day from the Trump Deranged. How does enforcing the immigration laws, purging illegal discrimination against whites and men and trying to dismantle mainstream media and educational political manipulation “line his pockets”? “The economy is in bad shape!” (The third quarter (July-Sept) Gross Domestic Product (GDP) rose by a 4.3% annualized rate, the best in two years, which means that the economy is not in bad shape, but never mind.) And so on. All the women on the panel were wild eyed and angry (this is not professional deportment for television “journalism,” and the men, with the exception of Jennings, sat back and sagely nodded their head,s quickly shutting up if they tried to make a factual correction and were shouted over. Jennings just composed his next articulate rebuttal in his head, and waited for an opening.

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Well, I Sure Know What Channel I’ll Be Avoiding In the Morning From Now On…

/ Jack Marshall / 10 Comments

I typically play untrustworthy news source roulette every morning as I have that crucial first cup of coffee. Today the silver ball landed in the Fox News slot. Even before that ad I just posted about made my head explode, spraying bone, brains and blood all over the room (and my dog), one of the fungible Fox Bleached Blondes had already made me wish I had stayed in bed. All the Fox Blondes are the same. though some have worse voices that others, and Dana Perino is interesting to watch because her botoxed face is completely immobile except for the occasional blink and her lips, which make her face resemble those creepy “Clutch Cargo” cartoons where moving human lips were superimposed on cartoon faces.

But I digress. This particular Fox segment featured an interview with the actor I had never heard of who plays St. Peter in a new Fox movie or series or something. The Fox News hostess said that the thing was about “the incredible life of St. Peter.”

Incredible is right! There are absolutely no credible accounts of St. Peter’s life, no evidence, no documentation, no historical accounts, nothing. “Tradition” has him founding the Catholic Church, but that’s impossible, so people who aren’t incredibly gullible pretty much agree that at best there were two different Peters, the disciple and the first Pope. We don’t know much about either of them.

Fox News is supposed to be a trusted news source. Its alleged journalists shouldn’t be proselytizing, promoting Christianity, or representing Bible apocrypha as fact. It’s not fact, but faith, or legend, or mythology, but whatever it is, if a Fox News journalist will tell viewers that it is fact, what else that is of dubious provenance will Fox News call true?

Unethical, unprofessional, misleading and stupid.

But at least Fox News runs ads showing the President of the United States hawking cheap watches….

KABOOM! I Never Thought We’d See a U.S. President (Or Senator, or Governor, or Judge) Stoop To This…

/ Jack Marshall / 26 Comments

Do I really have to explain what’s unethical about this?

I hope not.

It’s something special, all right. Talk about shattering “norms.” Also good taste, the respect for the office, the line between celebrity and public service, and… well, you fill in the rest.

I’ll be in my bathroom, throwing up.

Nah, The Democratic Party Hasn’t Become Openly Anti-Semitic! It’s Just That One of Its Biggest Allies Wants To Erase Jews From the Holocaust…

/ Jack Marshall / 6 Comments

When I read about this, I was certain that some NEA-hating conservative news source was exaggerating. Nope. It is right there in black and white, as you can see above in the entry from the National Education Association’s newly released 2025 handbook. My brain found this so shocking that it refused to explode as it should have, and just went into a safety shutdown. I can’t account for the last three hours…

The nation’s largest teacher’s union is a massive contributor to the Democratic Party, a major reason why public education has deteriorated into ideological indoctrination, and a force for ill in American culture and society. It was, for instance, substantially responsible for the disastrous decision to close the schools in the midst of the Wuhan Virus Ethics Train Wreck. Now it has openly proclaimed its hostility toward not just Israel, but the Jewish people.

The handbook, the NEA’s guide for the union’s nearly 3 million members, describes the Holocaust as having “12 million victims… from different faiths.” As unquestioned historical sources make undeniable, “The Final Solution” was at the core of Hitler’s extermination project. The NEA says the union will “promote the celebration of International Holocaust Remembrance Day” by “recognizing more than 12 million victims of the Holocaust from different faiths, ethnicities, races, political beliefs, genders, and gender identification, abilities/disabilities, and other targeted characteristics.” This section is on the page before the one shown above:

The NEA then promotes “Nakba” education, which describes Israel’s founding in 1948 as the “forced, violent displacement” of 750,000 Palestinians. The document further pledges to teach that “anti-Zionism is not antisemitism” and defends educators’ and students’ “free speech in defense of Palestine.” In case the graphic above is too hard to read, here are the key sections:

States one news source, “Critics argue the NEA is promoting a one-sided, revisionist history while ignoring the central role of Jews in the Holocaust.” This would warrant a “Ya think?” except that I have used my quote for today in the previous post. Where’s the “argument”? That is exactly what the NEA does in the handbook, and the position goes beyond unethical into evil. The group is obviously proud of its position and confident that the Democratic Party and the public supports it.

Did you know that the Republicans and Donald Trump are Nazis?

Now what? Here is what…

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Now THESE Are Unethical Doctors….

/ Jack Marshall / 5 Comments

Bart Writer, 56, died shortly after undergoing cataract surgery at Colorado’s InSight Surgery Center on February 3, 2023. The reason? The two doctors performing the operation were distracted by playing “music bingo” and failed to notice that he had stopped breathing.

A lawsuit filed by his widow claimed that the “the distraction of the music bingo game … contributed to the operating room staff’s failure to monitor Mr. Writer’s vital signs during the procedure” and ultimately led to his death. The game involved listening to ’70s and ’80s songs and linking band names to the letters B-I-N-G-O. Dr. Carl Stark Johnson, the surgeon, and Dr. Michael Urban, the anesthesiologist, regularly played the game during operations and admitted this in their depositions.

The lawsuit was settled, but now the two doctors swear the distraction had nothing to do with their patient’s death. Well, to be more specific, the two doctors are blaming each other. Johnson, who has performed over 25,000 cataract surgeries, blames Urban for silencing critical monitoring alarms without informing the surgical team. “I know that he wasn’t paying attention to the vital signs and doing his job,” he said. Urban, who is now practicing in Oregon, stands by his care and disputes Johnson’s version of events.

Writer, meanwhile, like Generalissimo Francisco Franco, is still dead.

Questions: Why is that surgery center still treating patients? Why hasn’t it been razed for a parking lot?

_________________

Pointer: JutGory

Witness to “Pay to Play”

/ Jack Marshall / 14 Comments

I am not quite ready to write about the project I am currently involved in, but when I do, it will be a major story, and not just on Ethics Alarms. I found myself, mostly by happenstance, at Ground Zero in a massive scandal for the legal profession. Now I am working to expose it, make the public and the legal profession aware of it, and to both fix the problem and take measures in multiple sectors to ensure that it is permanently fixed. I’m not doing this alone; indeed I am focusing primarily on the ethical regulation front. However, the alliance is growing, and includes an insider whistle-blower, several public interest organizations, litigators, law firms, and at least one national association.

Regard the foregoing as a preview of coming attractions. This post is about a conversation I witnessed that continues to bother me, and will probably bother you as well. Some of the participants in the project were meeting with a prominent, well-connected D.C. attorney with a long history of legislative involvement. The topic was whether an Executive Order from the President would super-charge our effort. The lawyer said that he was close to an individual who “meets with the President every week” and that the contact was capable of carrying the EO request into the Oval Office.

“But it will cost you,” the lawyer said. “Access isn’t free.” “How much?” one of my delegation asked. “You give me a figure,” was the answer, “and I’ll let you know what would get it done.” The lawyer shook his head and smiled at $100,000, and kept giving a negative response until the number reached $100 million.” Now you’re talking,” he said. “That’s what this kind of thing takes.”

The group is confident that it could raise that kind of money—the scam we will expose and undo involves billions—but its ethics consultant, me, pointed out that our mission is to eliminate widespread and destructive unethical conduct. Using unethical means to accomplish that goal will taint the whole enterprise, corrupt it, and undermine trust in its motives and participants.

There will be no $100 million pay-to-play cash deals, at least as long as I am involved. However, the bland, “it’s always done this way”/”that’s just how Washington works” response we got from that prominent lawyer is by turns chilling, disillusioning, and discouraging.