Law & Law Enforcement

Saturday Evening Ethics Post, 1/2/2021

/ Jack Marshall / 8 Comments

10-saturday-evening-post-magazines

State of the Blog: Yesterday marked the 365 day low point in Ethics Alarms traffic after what was otherwise a lively year. Coincidentally, it also marked the all-time high point in Ethics Alarms followers, if you don’t count Twitter, which I do not.

I’ve got a lot of housekeeping to do on the blog, and I’m hoping the annual dead spot after New Years gives me time to do i. This includes fixing some broken links, continuing to fix typos both old and new (Pennagain and Other Bill provide a marvelous service by flagging them, and I am behind right now), taking down some pages and categories that are or will soon be out-dated in the wake of President Trump’s defeat, taking the time to see if I can master the WordPress “block” system which right now robs me of an extra 30 to 40 minutes every day, and finishing and posting several articles that have been hanging around my neck in various states of incompletion. There are a couple of rationalizations that need posting, too, and some Comments of the Day that fell through the cracks.

I always have hope that I will get up the Ethics Alarms Awards for the year, which I have failed to do now for several cycles. They are fun, but they take a lot of time, and the stats say few read them. I may try a less ambitious version

Facebook finally allows me to link to articles, though it won’t post the graphics like it will for other websites, but after two years of being blocked for violating Facebook community standards, I consider that progress.

To be honest, I’m tired, and right now I’m sick and tired. The core group of commenters here keeps me focused on the mission, and for that I am grateful beyond words.

1. I was going to devote a whole post in rant form to this, but I calmed down. In August of last year, The Robert H. Jackson Center hosted a discussion on comedian George Carlin’s “7 Dirty Words” and the 5-4 FCC v. Pacifica Foundation SCOTUS decision in 1978 upholding the broadcast restrictions on George Carlin’s “seven dirty words” routine as well as the words he discussed. Emmy-nominated producer Stephen J. Morrison, serving as moderator, was joined by comedian Lewis Black, Carlin’s daughter Kelly Carlin and Cornell Law professor Howard Leib. I stumbled upon a recording of the discussion on the Sirius-XM “Classic Comics” station, and my head exploded so many times that I had to clean up the car like John Travolta in “Pulp Fiction.”

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Conclusion: The President Will Pardon Himself, And Should

/ Jack Marshall / 37 Comments

POTUS pardon

For a party that has throttled down on the Big Lie that President Trump has been unusually disrespectful of crucial democratic norms, Democrats are remarkably fond of obliterating some of the most crucial norms established since 1792, norms that have served us well. They began by defying the norm of an opposing party accepting the election of a President and beginning his term with a demonstration of good will, loyalty and cooperation. They continued with the abuse of impeachment, dispensing with the requirement of a high crime or “misdemeanor,” seeking President Trump’s removal for conduct indistinguishable from that of his predecessors. Now it is clear as crystal that the party intends to prosecute Trump after he leaves office, criminalizing politics and following the practice of totalitarian regimes like the Soviet Union, which often imprisoned—or killed— political opponents as soon as they lost power.

Democrats have come close to doing this before. They would have prosecuted Nixon, whom they hated almost as much as they hate Trump, had Gerald Ford not courageously taken that opportunity away. Many in the party wanted to prosecute President Bush for “war crimes.” Now there is little question that, driven by a Trump-deranged base and supported by a legal establishment that has abandoned any semblance of objectivity or restraint, as well as a poisonous news media lacking prudence or perspective, Democrats will seek the imprisonment of Donald Trump as a matter of pure revenge. Whether they can prove his guilt of actual crimes is a secondary matter. They want to destroy him as a warning to any other outsider who dares to challenge what they believe is the inevitable progressive ascendancy.

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Oh, Why Not? Let’s Start Off 2021 With “Mostly Peaceful Protests” Over The Police Shooting Of A Black Man In Minnesota! Will BLM And The News Media Use It As More Evidence Of Systemic Racism?

/ Jack Marshall / 11 Comments

Idd

They’ll sure try!

Here is how the New York Times described the death of Dolal Idd:

“A Minneapolis police officer shot and killed a man during a traffic stop on Wednesday evening, the first killing by a member of the department since George Floyd’s death in May, a police spokesman said.”

Let’s see: subsequent accounts show that it was not, in fact, a “traffic stop”: police had been looking for Idd as part of a firearms investigation. The account was also misleading in that it didn’t mention that Idd fired on police officers first. And, as I guess I will have to keep writing since the news media will not (although I guarantee jurors in the George Floyd trial will hear it many times), it is far from clear that the sainted Floyd was in fact killed by a police officer.

Other than that, the Times reports is pretty accurate for modern journalism; only three major misrepresentations in a single sentence of 35 words.

Since any shooting of a black man by U.S. police is presumed to be based on racism, a mob of demonstrators appeared at the scene, blocking traffic for several blocks and starting a bonfire in the middle of the street. Authorities urged them not to riot or commit arson, and they did not, apparently because the temperature of ten degrees was too cold for them. Certainly the facts of the shooting couldn’t have had anything to do with it: most of the other police-involved deaths over the summer justified riots no more than this one did, but riots we got.

Multiple police vehicles had converged on Idd’s car. He tried to elude the police, and when he realized he couldn’t, started shooting at the officers. They shot back; of course, as I’m sure we will hear from Joe Biden or someone, they should have tried to “wing” him. Sadly, he was killed at the scene.

Such a loss. The Star Tribune reports,

In 2019, Idd was convicted of illegally possessing and firing a gun in Hennepin County. The charges say, in July 2018, Idd fired a gun in the basement shower of his parents’ home around 1 a.m. with two children sleeping nearby.

Idd’s mother told Eden Prairie police that her son was not permitted in the house because “he scares the children.” Police arrested him later in Bloomington with a 9mm handgun that had been reported stolen in North Dakota, according to charges.

We haven’t heard from Idd’s parents and friends since the shooting, but then Ben Crump hasn’t been hired yet to represent them. I’m sure we will soon be told that Idd was a wonderful human being who wouldn’t hurt a fly, and who was in the process of turning his life around until those racist police snuffed out his beautiful life. Just look at his picture (above)! Now who could believe someone with such a sweet face was trying to kill cops? Here’s another one that is being used by the media and a GoFundMe page:

Idd2

Anyone can see he was harmless! There has already been a vigil, as CAIR sensed an opportunity. Idd was a Muslim, and as we all know, Islam is a non-violent religion.

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Last Gasp Ethics, New Year’s Eve 2020

/ Jack Marshall / 6 Comments

Happy New Year, Everybody!

1. A late entry in the “Most Unethical Lawyer of 2020” competition! McGinnis E. Hatfield was stripped of his license to practice law by the West Virginia Supreme Court. What did he do? Well, this section of a transcript of his conversation with a female client explains things pretty well:

Female: “I thought like when we first started out, I was just going to pay you. I didn’t know that you wanted sex out of the whole thing.”

Hatfield: “Well, I’d have to charge you like $1,500 bucks. You don’t have $1,500, do you?”

Female: “No.”

Hatfield “So come on out here. Just come. What time do you want to come?… [I]t’s just not going to work unless you do what I say.”

Female: “What do you want me to do?”

Hatfield: “… “Well, I want you to let me eat your pussy, and then I want you to let – I want you to suck my dick, and then, you know, I just have to – I’m as straightforward as I can be. And if you don’t want to do that, then fine. I don’t have any- I like you. And if you don’t want to do that, then we’ll just have to call it off.”

Female: “Is that not – all right. That’s fine. Whatever.”

Hatfield: “Is that okay?”

Female: “I mean no, not really because I’m not a whore.”

Hatfield: ” … And like I said, if you won’t want to do that, then that’s fine by me. I wish you luck. And if you don’t want to do that, then I’m not going to try to represent you. So that’s a benefit for you. And I’ll give you some money, too[.]”… You know, I’m shooting straight with you. I told you from the beginning that sex was important to me. I want some now. Nobody’s tried to trick you. And it would be safe, too. But anyway, if you don’t want to do it, that’s fine by me, honey, but you’ll have to get somebody to help you with your divorce, too.”

Female: “Okay, That’s fine.

Of course, it’s not fine. Lawyers are prohibited from having sex with clients in most jurisdictions. Lawyers cannot encourage individuals, including clients, to commit a crime. Mr. Hatfield compounded his problems when he flunked the easiest part of a disciplinary inquiry, telling the judge who asked Hatfield whether in retrospect, he found his behavior inappropriate or unethical,

“I think my conduct in this whole situation is human. And that’s the only defense I’m offering. Lord knows, we all need that. So that’s as far as I’ll go with that.”

The judge tried again, asking, “Are you remorseful?” Hatfield replied, “No. I have no remorse. I feel like I’ve been victimized.”

What an idiot.

It put me in mind of the Steven Wright line, “How did the fool and his money get together in the first place?”

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Waning 2020 Ethics Warm-Up

/ Jack Marshall / 15 Comments

hour_glass

A reader reports that he can’t pull up Ethics Alarms on Google Chrome or Microsoft Edge. Is anyone else having this problem?

Wasn’t it nice when we naively assumed that such things were just technical glitches and not part of Big Tech’s increasingly intrusive alliance with the totalitarian-minded forces of the extreme Left?

1. Embrace the narrative. “Louisiana Congressman-elect Luke Letlow dies with COVID-19” is just one of many headlines announcing that the 41-year-old Representative-elect died from the Wuhan virus. So far, every headline I’ve seen is some version of this. Letlow died of a heart attack, in fact, during some un-named procedure related to his treatment for the virus. People die of unexpected heart attacks with some frequency during hospital procedures for other problems, and the cause of death is usually listed as “heart attack.” Maybe the virus caused his death and maybe it didn’t, but the headlines stating this as fact is more pandemic fearmongering, and. yes, fake news.

2. Good. You will recall that Twitter censored The New York Post’s account of the incriminating Hunter Biden laptop being found because it claimed that the business memos, photos of a Hunter using illegal drugs, and other disturbing photos came from a “hacker,” when Twitter’s real objective was, it seems fair to conclude, to keep as many people as possible from learning about matters that might cause them not to vote for Hunter’s father. Now the computer repair company’s owner is  suing Twitter for $500,000,000.00 for libel, defamation, and ruining his business, claiming that the social media giant disparaged him.

3. One more reason to distrust the election results: President Donald Trump topped former President Barack Obama for the title of most admired man in America in Gallup’s 2020 survey. Trump had tied with Obama in 2019 while Obama beat him in 2017 and 2018. President Joe Biden came in third. Obama had been #1 since 2008.

Don’t you find this strange?

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Monday Morning Ethics Warm-Up, 12/28/20: Happy Birthday, Woodrow Wilson!

/ Jack Marshall / 10 Comments

2020 end

As 2020 staggers to a conclusion, Ethics Alarms wants to express its gratitude to the core of devoted Alarmist commentators who kept the dialogue going during what is always an annual cratering of blog traffic. I appreciate it. I also appreciated the many kind holiday wishes, in what has been a muted Christmas for the Marshalls for a number of reasons I won’t bore you with.

In case you were among the missing, I draw your attention to…

…among other hopefully edifying and entertaining posts.

1. After signalling otherwise or perhaps just trolling, President Trump signed the truly awful pandemic relief and omnibus spending bill, really sending the national debt into orbit. One theory is that doing so was necessary to avoid a Democratic sweep of the two Senate seats up for grabs in Georgia. I will file the event as one more car on the Wuhan Virus Ethics Train Wreck, and one that will do more damage in the long run than most of them.

2. In Nevada, Gabrielle Clark filed a federal lawsuit against her son’s charter school last week for refusing to let him opt out of a mandatory class that promotes anti-white racism. It claims that Democracy Prep at the Agassi Campus forced William Clark “to make professions about his racial, sexual, gender and religious identities in verbal class exercises and in graded, written homework assignments,” creating a hostile environment, and subjecting he son’s statements ” to the scrutiny, interrogation and derogatory labeling of students, teachers and school administrators,” who are “still are coercing him to accept and affirm politicized and discriminatory principles and statements that he cannot in conscience affirm.” The lawsuit includes nearly 150 pages of exhibits documenting the curriculum in the graduation requirement “Sociology of Change,” which promotes intersectionality and critical race theory, in breach of what was promised when the Clark’s first sent their son to the school.

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Boxing Day Ethics Warm-Up, 2020: A Tip, An Obituary, A Prank, A Tell, And A Slug

/ Jack Marshall / 5 Comments

Gifts

Now this is a dedicated grandmother: my sister, who has been risk-averse her whole life, and who is my model of a Wuhan virus phobic, bought a used Winnebago, loaded up her old Havanese, and drove from Virginia to Los Angeles to spend Christmas and another three weeks with her son, his wife, and their seven month-old daughter. On the way cross country she parked her vehicle outside the homes of a series of strangers she was connected to by friends and friends of friends. Amazing.

1. There seem to be a few of these Christmas Ethics Heroes every year. In Bartonsville, Illinois, an occasional restaurant customer on Christmas Eve morning left a 2,000 dollar tip—in cash—for the 19-person staff of the Bartonsville diner. The man didn’t even leave his full name, just “Tony,” though he is apparently the son of a regular who joined him for breakfast. “He just said, ‘Merry Christmas,'” the owner told reporters. “How generous of somebody to do that, especially somebody who doesn’t come in that often. Nobody was expecting it, that’s for sure.”

2. How do you write an obnoxious obituary? Here’s how you write an obnoxious obituary. The Lagacy.com. entry for Grace McDonough, who died on December 21, concludes with this gratuitous and graceless—no pun intended—text:

The actions and inactions of the United States government regarding the Covid-19 virus has caused Grace McDonough and thousands of other nursing home residents to lose their lives to the Covid -19 virus. These same residents had successfully fought and won great battles against other diseases and conditions and yet were placed in harm’s way during the pandemic. These frail, elderly, sick and vulnerable innocents were not protected by the government they supported, fought for, contributed to and now depended on. Shame on the United States government! We, as their loved ones, have the right to be profoundly sad and profoundly angry at the same time. May our loved ones now rest in peace. It is the least they deserve.

Grace was 95 years old. She lived in a nursing home, where residents are in close confinement and where pandemic infections were and are especially deadly. Attributing the death of a 95-year-old on the undefined “actions and inactions” of the government demonstrates a) a dangerous gullibility to Democratic propaganda b) denial of reality and c) the continuation of  what is probably a pattern of looking for someone to blame for every misfortune. Fark, the humorous news aggregator website infected itself with predictable leftist bias, termed the obituary “fierce.” I would call it signature significance indicating a family teeming with jerks.

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Merry Christmas, Everyone! And Here Is the Final Chapter of “Miracle On 34th Street,”An Ethics Companion, As Kris Kringle Gets His Day In Court [Updated]

/ Jack Marshall / 11 Comments

It could be argued that the hearing (it’s not a trial) that serves as the dramatic climax to “Miracle on 34th Street” is the most memorable courtroom scene in movie history. That tells us something, though I’m not sure what. A more legally and ethically absurd spectacle would be difficult to imagine.

When we last saw Kris Kringle—if that indeed is his name—he was preparing to go to a hearing in which his sanity would be determined by a judge. (Insert Marx Brothers “Sanity Clause” joke here.) Lawyer Fred Gailey actually quits his law firm to take on the case, which he is handling pro bono. The hearing will he presided over by a judge played by Gene Lockhart, who has impeccable Christmas movie credentials, having played Bob Cratchit in one of the adaptations of “A Christmas Carol.”

The logical, legal and ethical aspects of the story go off the rails quickly, never to return. Mr. Macy orders Sawyer to have the case dropped, which makes no sense: if Sawyer were suing Kris for assault and battery, of if Macy’s had pressed criminal charges, Macy would have some say. But this is the state of New York saying that Kris is a threat to himself and others because he’s deluded. It’s a state matter now.

Sawyer goes to Fred and tries to get him to drop the case, saying “I represent Mr. Macy.” What, he’s a lawyer now? Not only does Macy have no role in this matter, Fred’s defending Kris, not prosecuting the case.

When Sawyer mentions that Macy’s wants to avoid publicity, Fred sees a little light bulb go on in his skull. “Very interesting,” he says out loud. “Publicity. Hmm. That’s not a bad idea! If I’m going to win this case… I’ll have to have plenty of public opinion!” Except that’s unethical. From New York’s Code of Professional Conduct, which wasn’t in force when the film was made but the principles were:

DR 7-107 [1200.38] Trial Publicity.
A. A lawyer participating in or associated with a criminal or civil matter, or associated in a law firm or government agency with a lawyer participating in or associated with a criminal or civil matter, shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in that matter….

Saying that one’s client will need publicity to influence public opinion is a clear statement of intent to violate the spirit if not the letter of the ethics rules. Fred breaches the rules again when he goes to see the judge to persuade him not to sign Kris’s commitment papers. In an adversary proceeding, a lawyer must not meet with a judge without opposing counsel present; that an ex parte communication, and strictly forbidden. Of course, it’s also unethical for the judge to let him do it.

That’s not all in the realm of judicial ethics. After suggesting that the fact that Kris says he’s Santa Claus makes his insanity a forgone conclusion, Judge Harper, who is apparently an elected judge (a situation I regard as a “pre-unethical condition”) is visited by his campaign manager, Charlie, an old pol played by none other than William Frawley, now immortal for co-starring in “I Love Lucy” as Fred Mertz. He suggest that Harper withdraw from the case:

“This Kringle case is dynamite. Let some judge handle it that isn’t coming up for reelection..I’m no legal brain trust. I don’t know a habeas from a corpus. But I do know politics. That’s my racket. I got you elected, didn’t I? And I’m gonna try to get you reelected….You’re a Pontius Pilate the minute you start!”

Then the judge’s grandchildren make a convenient entrance, and snub him because he’s being mean to Santa. Later, when the hearing somehow is turned into a referendum on whether Santa is real, Charlie returns with a dire warning:

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And The Latest Honoree In The Ethics Alarms “Presumed Racism Hall of Fame” is . . .

/ Jack Marshall / 11 Comments

White judges

Among the bulwarks of the George Floyd Freakout and its accompanying “anti-racism” hustle is that all whites are racists, non-whites cannot succeed, prosper or find justice in the United States, and that anti-black racism should be presumed in any situation where that presumption might advance the cause of a black citizen.

Here is a blazing example, out of Fairfax County, Virginia, virtually in my back yard. Fairfax County Circuit Court Judge David Bernhard issued an opinion his week that the portraits of past judges from the Fairfax County Circuit Court might create the impression that the court itself biased. Bernhard won’t allow any portraits to be on display for any trial he presides over going forward.

“The Court is concerned the portraits may serve as unintended but implicit symbols that suggest the courtroom may be a place historically administered by whites for whites, and that thus others are of a lesser standing in the dispensing of justice,” Bernhard wrote. “The Defendant’s constitutional right to a fair jury trial stands paramount over the countervailing interest of paying homage to the tradition of adorning courtrooms with portraits that honor past jurists.” The judge’s opinion observes that the U.S. is experiencing “heightened attention to the past inequities visited upon persons of color,” so the fact that 45 of the 47 past judges whose portraits hang in the Fairfax County courthouse were white is now an implicit threat to black defendants.

His grovel came in response to a request to remove the portraits in a motion from the layer for Terrance Shipp Jr., who is scheduled to stand trial on charges of eluding police, assault on a law enforcement officer and other counts.

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Unethical . . . But Funny! Well, Stupid, Really . . .

/ Jack Marshall / 9 Comments

Gross netting

This week, Superior Court Judge Kimberly Knill ordered the billionaire bond investor Bill Gross and his partner Amy Schwartz, to stop violating the noise ordinances of the Laguna Beach municipal code by playing the “Gilligan’s Island” theme song music on their outdoor speakers. Evidence showed that music was played so loudly it could be heard inside neighbor Mark Towfiq’s—he’s also a billionaire— home despite concrete construction and half-inch-thick, dual-pane windows.

Why was the couple inflicting the infamous earworm on their neighbor? It seems the music started when Towfiw objected to the Gross estate erecting the ugly plastic netting around a huge glass sculpture that they had installed in their back yard. When he complained, Gross, 76, and Schwartz, 51 retaliated by claiming their neighbor was a Peeping Tom. Then the the couple started inviting him to sit right down as they told a tale about a three hour tour, night after night.

The litigation, which involved teams of high-priced lawyers on both sides, commenced November 9. A city code enforcement official testified that Gross and Schwartz said they would lower the music if Towfiq dropped his complaint about the sculpture. Towfiq’s lawyers presented a text from Gross responding to their client’s request to turn down the music in which Gross wrote, “Peace on all fronts or we’ll just have nightly concerts big boy.”

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