Law & Law Enforcement

This Weekend In Pro-Abortion Ethics

/ Jack Marshall / 11 Comments

SCOTUS protest

Let’s examine this by categories….

Warped Concepts of How the System Works: Yet another Women’s March, like all of them, misleadingly labeled to avoid the ugly transparency that “March to be Able to Kill the Unborn at Will” would broadcast, ended up at the steps of the Supreme Court yesterday. Thousands traveled to Washington, D.C. to demand abortion rights, as if the Supreme Court decides complex issues according to who shouts the loudest, is most passionate, or has the coolest signs. Demonstrators surrounded the court,shouting “My body, my choice” and cheering loudly to the beat of drums.

Morons. These assaults on the Curt have driven me mad for decades, as what they demonstrate is that difficult matters of law, precedent and policy can be decided by slogans and the incoherent bellows from a mob. It’s an insult to the Court, the Constitution, and the system. If you have a valid argument, file an amicus brief. These demonstrations, and it doesn’t matter what their goal is our which side of the ideological spectrum they come from, waste time, energy, passion and taxpayer funds. Is the idea intimidation? Good luck with that. Persuasion? Sure, a bunch of screaming and weeping activists are going to persuade anyone but TV talking heads. Narcissistic grandstanding?

There you go.

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In Florida, “I Eat Ass” And A Qualified Immunity Ethics Conundrum

/ Jack Marshall / 14 Comments

i-eat-ass-mask-black

A policeman’s lot is not a happy one, and qualified immunity, the doctrine that exists to shield officers and other state officials from liability when they commit torts in the course of their duties, is under fire because of its role in blocking accountability for cops who engage in police brutality. But without qualified immunity, policing would become even more perilous than it already is.

Take the “I Eat Ass” controversy.

Please.

In Florida, jerk Dillon Shane Webb had a sticker on his vehicle that boasted “I Eat Ass.” (Some may disagree, but Ethics Alarms regards public display of that legend signature significance, as a non-jerk would never do it. Not even once). Columbia County Sheriff’s Deputy Travis English pulled Webb over in May of 2019 and demanded that he cover up the message. Webb refused, and he was subsequently arrested and jailed for “obscene writing on vehicles” and “resisting an officer without violence,” because he had refused to obscure the sticker. Reason, the libertarian cite that is usually more reasonable, wrote that Officer English “took exception” to “I Eat Ass.” No, the officer was under the impression that the display violated Fla. Stat. § 847.011(2), which prohibits “any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions.”

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Now THIS Is The Appearance Of Impropriety…

/ Jack Marshall / 17 Comments

impropriety

The big legal ethics story of the day is a Wall Street Journal report showing that 131 federal judges, appointed by nearly every President from Lyndon Johnson to Donald Trump, have violated federal law by failing to recuse themselves in cases where either they or family members held a financial interest in one of the parties, meaning that the judge’s decision could have resulted in a direct or indirect benefit. This is, of course, a conflict of interest. Even if the judge was as trustworthy as a saint and would never dream of allowing such a conflict to interfere with his or her judgment, allowing these cases to appear before them violates the judicial ethics canon requiring judges to avoid even the appearance of impropriety.

The Wall Street Journal report found that the judges failed to recuse themselves from 685 court cases since 2010. About two-thirds of all federal district judges had holdings of individual stocks, about one of every five of these heard at least one case involving those stocks without withdrawing. When these judges participated in such cases, about two-thirds of their rulings on motions favored the party that their or their family’s financial interests would benefit from prevailing.

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More Ammunition For My College Reunion Note About Why I Will Not Be Attending Next Year…

/ Jack Marshall / 7 Comments

Harvard diploma

I have to get writing soon, since the deadline is October 1. And it is clear that I have more material than I can possibly include to demonstrate why a Harvard diploma for this graduate is now an embarrassment and not to be celebrated. Another example was forwarded to me today.

A reliable blogger and respected lawyer with excellent ethics credentials tweeted that he had spoken with a man who had applied for a job at Harvard for which he was not only well-qualified, but one of the few individuals who was qualified. He had heard nothing for three months, and finally inquired, whereupon he was told via letter that he had been rejected because he did not have the requisite qualifications. By chance, the blogger knew the individual who had signed the letter, and called him up. Off the record, the individual informed him that not only qualified, but the only applicant qualified for the opening. However, he was a white, heterosexual male, and thus was rejected by the hiring committee for not meeting their demographic requirements.

[Note: the tweets did not mention the institution by name, and only alluded to the school’s address, leaving open the possibility that M.I.T., which is just down the street in Cambridge, could also be the school at issue. However. M.I.T. is not currently being sued for discriminatory practices, nor has it defended the same. My own inquiries have persuaded me that Harvard is the culprit here, but the lawyer-blogger did not break his “off the record” promise, though he came close.]

Weekend Ethics Warm-Up, 9/26/2021: Down The Hole As We Vilify The Good Guys To Advance An Agenda

/ Jack Marshall / 9 Comments

Hole

Well, it worked with the false Trayvon Martin and Mike Brown narratives, so why not try it again? I was about to devote a segment here to the hysterical “Border Patrol whipping poor migrants” tale neing manufactured by the administration and the media, but it warrants a full post. I’ll just note the smoking gun huminahumina response from DHS Secretary Mayorkas last week when Peter Doocy of Fox News—gee, why don’t the reporters from other outlets ask administration officials tough questions?—asked him why President Joe Biden accused Border Patrol agents of “strapping migrants.” Doocy asked, “You said on Saturday — or rather, on the 20th, ‘To ensure control of the horse, long reins are used.’ The person who took these photos of the Border Patrol agents says, ‘I’ve never seen them whip anyone.’ So, why is the President out there today talking about people being ‘strapped?'” Hmmm. Because Biden has always been a shameless hack? Because nobody tells him what’s going on? Because creating sympathy for illegals while villifying law enforcement officials for doing their jobs is central to the Left’s open borders agenda? Mayorkas babbled,”So let me, um, uh, let me correct, um, uh, the statements in your question, if I may…” When Doocy (you know, for someone who only has his job because of outrageous nepotism, he has been performing admirably) countered, “They’re direct quotes,” the Secretary of Homeland Security said, “It was on Friday when I was, uh — actually, it was on Monday, I believe, uh, when I was in Del Rio, uh, on the ground, uh, and I made the statements without having seen the images. I saw the images on the flight back, and I made the statement that I did with respect to what those images suggested.The horses have long reins, and, uh, the image in the photograph that we all saw that horrified the nation, raised serious questions about what it— about what occurred and of — as I stated quite clearly — it conjured up images of what has occurred in the past.”

That’s as close to an admission of deliberate obfuscation for political ends as you’re likely to see. What should matter is what was really happening, not what images were conjured up by confirmation bias and or what photos “suggested.”

1. The Great Stupid comes for “Lonesome Dove.” As a lifetime Western movies aficionado, I have concluded that the TV mini-series of Larry McMurtry’s “Lonesome Dove” is the greatest Western ever made. Watching it again yesterday to cheer me up after I woke up with Churchill’s “Black Dog” on my head, I was nauseated to find that the streaming version now carries a warning about “Culturally insensitive portrayals.” After all, the story about cowboys moving a herd to Montana told from their perspective included some dangerous and violent Indians. Of course, for every mean Native American there were about ten cruel and ruthless whites, but somehow I don’t think the trigger warning was referring to them.

2. Speaking of the “Zimmerman murdered innocent teen Trayvon Martin” lie…New York Times drama critic Salamishah Margaret Tillet , the Henry Rutgers Professor of African American Studies and Creative Writing who is essentially an activist uninterested in fair or objective analysis, meaning that her reviews are propaganda, wrote about the re-opened Broadway play “Pass Over” by writing of the playwright,

“Nwandu originally wrote “Pass Over” in response to the killing of Trayvon Martin, seeking to channel the grief and rage that so many African Americans were grappling with. Its latest iteration, she has said, is speaking to the widespread racial justice protests of the summer of 2020. As a result, “Pass Over” is one of the few works of art that really charts Black Lives Matter as a movement responding to the racial justice needs of its day.”

But if the play, which involves a white cop called “master” threatening and menacing them was a response to Martin’s death, it was a response based on media lies and deliberately divisive warping of facts to vilify whites and police. That rage and grief was manufactured for political ends, and the investigation and the trial exploring Martin’s death had to be deliberately ignored for Tillet to write such a paragraph and for the Times to publish it.

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If This Post Seems Like Déjà Vu, There’s A Good Reason: The Texas Law Clerk-Prosecutor [Update]

/ Jack Marshall / 8 Comments

Justice scales bad

UPDATE: “I don’t understand how this could happen. Since it obviously can, I wonder how many other outrageous conflicts of interest are rotting the justice system while nobody is paying attention.”

That’s how I started this post when I wrote it yesterday. Here’s how I ended this post, from May 17, just four months ago: “…the fact that something like this could happen at all, and for so many years, should have ethics alarms sounding throughout the justice system, and not only in Texas.”

This is because the two posts are about exactly the same episode. The similarities didn’t ring a bell with me at all yesterday. A new appellate court opinion related to the same outrageous Texas conflict of interest breach came down this month, so I treated the whole episode as new. It took commenter Rich in CT’s note to alert me. (Thanks Rich.) So here are my thoughts while banging my head on my desk:

  • I apologize. It’s not as if there aren’t really new and horrible ethics stories to consider, especially in the law and the justice system. It’s OK if I waste my time, but its inexcusable to waste yours.
  • I like the first post better.
  • Silver lining: at least the posts don’t contradict each other.
  • The association of legal ethicists I belong to scooped the ABA on this one, discussing the prosecutor’s conduct long before the legal press caught up to it. One more reason to renew my membership.
  • I could write that this scandal is so outrageous that it is worthy of two posts, and maybe more. It is, but that doesn’t excuse the fact that I’m an idiot.
  • I think this has happened to me once before. But what do I know?

Once again, I’m sorry.

***

The Texas Court of Criminal Appeals has overturned the 2003 conviction and death sentence of Clinton Lee Young in a Sept. 22 opinion. Why? Oh, just one of those technicalities: on of the prosecutors in the case was moonlighting as a a clerk for the judge in the trial the trial and who considered the the convicted man’s habeas application. That’s all.

WHAT?????

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Friday Ethics Potpourri, 9/24/2021: On PBS, Boeing, A Political Hack Law Dean, And Caring

/ Jack Marshall / 4 Comments

Lawn sign

Many thanks to reader and commenter Jeff for bringing that lawn sign to my attention. It’s available here. I wish I had thought of it; one of these days I’ll get around to making a “Bias Makes You Stupid” T-shirt as an Ethics Alarms accessory. I would never post such a sign on my lawn for the same reason I object to the virtue-signaling signs in my neighborhood: I didn’t ask to my neighbors’ political views thrust in my face, and I don’t inflict mine of them. However, if a someone living in a house on my cul-de-sac inflicted a “No human being is illegal” missive on their lawn where I had to look at it every day, the sign above would be going up as a response faster than you can say “Jack Robinson,” though I don’t know why anyone would say “Jack Robinson.”

1. Roger Angell on caring…It’s September, and the Boston Red Sox and New York Yankees start a three game series tonight with nine games left to the season. It could well determined which of the two teams will go on to the post-season, with a shot at the World Series. The encounter brings back a flood of memories, wonderful and horrible, about previous Sox-Yankee battles of note, including one from 1949, before I was born. I worked with a veteran lawyer at a D.C. association who was perpetually bitter about all things, and all because the Red Sox blew a pennant to New York that year by choking away the final two games of the season. For me, moments like this are reassuring and keep me feeling forever young: as I watch such games, I realize that I am doing and and feeling exactly what I was doing and feeling from the age of 12 on. Nothing has changed. Roger Angell, one of my favorite writers, eloquently described why this is important in his essay “Agincourt and After,” from his collection,”Five Seasons”:

“It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitive as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look — I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring — caring deeply and passionately, really caring — which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naivete — the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball — seems a small price to pay for such a gift.”

A small price indeed.

2. PBS may be a progressive propaganda organ, but the facts will out. A streaming service offers the channel’s documentaries for a pittance, and they are a reliable source of perspective and enlightenment. One that my wife and I watched this past week was about the development of the FDA and other federal agencies that protected the public and workers. When workers at manufacturing plants making leaded gasoline started dying of lead poisoning, the government scientists’ solution was to just ban the product. General Motors and Standard Oil fought back and overturned the ban, assuring Congress that they could make leaded gas safe to produce, and they did. This was a classic example of why we must not let scientists dictate public policy: leaded gasoline transformed transportation and benefited the public. The scientists’ approach was just to eliminate risk; they didn’t care about progress, the economy, jobs or anything else. Science needs to be one of many considerations, and when scientists have been co-opted by partisan bias, as they are now, this is more true than ever.

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A Baseball Ethics Meets Legal Ethics Spectacular!

/ Jack Marshall / 6 Comments

John_Henry_Wigmore_cph.3b34499

You can imagine how happy this ethics mash-up makes me.

In legal ethics, a perpetual controversy involved what a law yer should do when another lawyer inadvertently sends him or her confidential information intended for the adversary lawyer’s client, and the information is a smoking gun that could win the receiving lawyer’s case. In the old days, when this involved some clerk in a law firm sending a load of documents to the opposition by mistake, the rule was simple. It was called “the Wigmore Rule,” after the famous law professor, John Henry Wigmore (above) who coined the phrase, “You snooze, you lose.”

In brief, the convention was that if a lawyer was careless enough to let this happen, he or she was at fault, and the lawyer getting the confidential documents could use them to benefit his or her client. The advent of faxes, and later the internet, and after that metadata, however, through what was largely settled law and ethics into a tangle that has yet to be settled. Technology made such errors much more common and also easier to make, and the American Bar Association’s opinions on the matter bounced back and forth like ping-pong balls, first saying that a Golden Rule approach should apply, with lawyers sending the material back to the technologically-challenged lawyer without looking it over, then concluding that lawyers should know how to use essential technology (back to the Wigmore Rule!), until the newest technological developments made them sympathetic again to lawyers who don’t get confidential metadata out of their emails. Last I checked, the state bars still don’t agree, but many are drifting back to the Wigmore Rule once again…as they should.

Now, you might well ask, how does this relate to baseball ethics?

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“The Best People” Strike Again! The Latest Trump Campaign Scandal

/ Jack Marshall / 1 Comment

Trump lawyers

There is a legitimate “bombshell” story rapidly flashing across the news today. Its speed and prominence—specially on MSNBC and CNN, naturally— is explained by the fact that it can be used to attack and weaken Donald Trump, of whom the Axis remains justly terrified of having back in the White House (as should we all, though for other reasons). That the mainstream news media can barely restrain their glee and that Democrat partisan hacks will over-hype the revelation doesn’t make the story any less revolting. Nor does the fact that it should surprise no one.

The New York Times’ front page story reports…

“Two weeks after the 2020 election, a team of lawyers closely allied with Donald J. Trump held a widely watched news conference at the Republican Party’s headquarters in Washington. At the event, they laid out a bizarre conspiracy theory claiming that a voting machine company had worked with an election software firm, the financier George Soros and Venezuela to steal the presidential contest from Mr. Trump….By the time the news conference occurred on Nov. 19, Mr. Trump’s campaign had already prepared an internal memo on many of the outlandish claims about the company, Dominion Voting Systems, and the separate software company, Smartmatic. The memo had determined that those allegations were untrue. The court papers, which were initially filed late last week as a motion in a defamation lawsuit brought against the campaign and others by a former Dominion employee, Eric Coomer, contain evidence that officials in the Trump campaign were aware early on that many of the claims against the companies were baseless. “The documents also suggest that the campaign sat on its findings about Dominion even as Sidney Powell and other lawyers attacked the company in the conservative media and ultimately filed four federal lawsuits accusing it of a vast conspiracy to rig the election against Mr. Trump.”

I try to limit the number of posts here commenting on obvious unethical conduct unless the conduct is extreme, unusual, or culturally significant. Of course the conduct of the Trump campaign was unethical, but it was also distressingly close to what Trump’s enemies have been saying about the January 6, 2020 riot, and, to make another more apt comparison, what the Democrats, led by Hillary Clinton and Deep State saboteurs within the government, attempted to accomplish with their contrived “Russian collusion” plot. The objective in both cases was to use false information to shake the American public’s faith in their own institutions and systems of government to justify seizing power illicitly.

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A “Nah, There’s No Mainstream Media Bias!” Spectacular: Glenn Greenwald’s Ethics Quote Of The Month…[Updated]

/ Jack Marshall / 2 Comments

Screen shot MSNBC

“This is a perfect microcosm of the Russiagate fraud that the country endured for four years. Hoaxes were repeatedly cooked up by private intelligence operatives working for the DNC or anti-Trump factions within the CIA and FBI, and then fed to friendly reporters, who laundered the falsehoods by publishing whatever they were given, without the slightest concern for whether they were true….”

—Independent reporter Glenn Greenwald in a searing and definitive essay titled “The Indictment of Hillary Clinton’s Lawyer is an Indictment of the Russiagate Wing of U.S. Media.“

Greenwald goes on to say in this passage, which occurs towards the end of his thorough, detailed, infuriating essay,

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