Law & Law Enforcement

Unethical Quote of the Week: Jeffrey (Ew!) Toobin

/ Jack Marshall / 2 Comments

“This criminal crusade against political adversaries is completely unprecedented in all of American history.”

–—CNN legal analyst Jeffrey Toobin (and why is he still allowed on the air by an allegedly respectable news network?) regarding the so-called Trump revenge plot against Democrats.

It is amazing that any journalist, pundit, progressive or Democrat would have the gall to say that. It is true that weaponizing the justice system to attack, hobble, and eliminate political foes is a totalitarian tactic that the United States had been wise to avoid, but if there was ever a valuable “democratic norm” the Left must take full responsibility for shattering, it is this one. “Unprecedented!” Incredible.

I would say “You’ve gotta hand it to Toobin,” but that would lead me into a joke that I would hate myself for making…

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I’m Sorry, But EA Cannot Resist the Saga of the Indignant Rhode Island Prosecutor

/ Jack Marshall / 5 Comments

The now viral video above pretty much says it all, but the episode warrants special notice.

Special Assistant Attorney General Devon Flanagan, was arrested for trespassing on August 14, and in her many recorded protests, including a variation on the infamous “Do you know who I am?” lament, earned not only social media immortality but probably a lifetime of ridicule. She was arrested for trespassing outside the Clarke Cooke House restaurant in Newport, ludicrously calling out “I’m an AG! I’m an AG!” as well as “You’re going to regret this! You’re going to regret it!” as she put in the back of a police car.

It is believed that alcohol was involved. She also told the officers that they were obligated to turn of their bodycams if a citizen demanded it, which was, as one of the officers sagely observed, “bullshit.” Flanagan has been suspended in the wake of the incident. Presumably she will be fired.

Rhode Island Attorney General Peter Neronha called her conduct “inexcusable.” Ya think?

“I’ve got 110 lawyers. She embarrassed all of them,” Neronah said. “It’s just really hard to find and keep capable lawyers, and so I just have to think really carefully about this one. But no question there will be a strong, strong sanction here.”

It’s really hard to find qualified prosecutors who don’t get drunk and make fools of themselves in public? Interesting.

“I’m not sure what she was thinking. Clearly, she was not thinking straight,” Neronha said.  “She’s humiliated herself. Regardless of what happens vis-a-vis her employment with us, she’s going to have a long time coming back from this,” he added. “It’s just really unfortunate.”

Mark this down as just one more chunk taken out of the public’s trust in our justice system. On the bright side, “I’m an AG!” may have some staying power. much like “Let’s go Brandon!” For example…

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If I Were Not An Ethicist…

/ Jack Marshall / 14 Comments

I had an occasion to drive downtown to D.C. this morning. You would think, based on what the Axis media is telling us, that the city looks like occupied territory, with armed soldiers menacing pedestrians. In truth, I saw one group of about seven Guardsmen by the Lincoln Memorial, and they were not armed. (I tooted at them and they waved at me.)

But I digress. Once again, I parked on a street, Connecticut Avenue, and once again used a parking station where you punch in how long you are planning on parking, scan a credit card, and get a receipt that you are supposed to place on your dashboard. And once again, the system didn’t work: I paid, but got no receipt.

So I wrote down the time and the amount I paid on a piece of paper with my name and phone number, explaining that the system had malfunctioned, and put that so it was visible through the windshield

I returned to a ticketless car. I have now used this method three times in D.C., all successfully. This also means that the modern parking system has failed for me more often than not; in fact four times out of six attempts. (Once I just took a chance and didn’t post anything.)

Now, if I were not an ethicist, I would be sorely tempted to use my note method without paying the parking fee at all. I can think of many rationalizations for doing so. The D.C. government is incompetent. That parking system stinks. The city deserves to lose money; it also wastes my time as the system forces me to write out long explanations for a situation that isn’t my fault.

But I am an ethicist, so I won’t do that. I won’t…

Pleading Not Guilty Is Never Unethical, But On Occasion It Is…What? Futile? Disingenuous?

/ Jack Marshall / 7 Comments

In 2019, John R. Anderson III, 42 (above) was sentenced to six years in prison for aggravated stalking in DeKalb County (Illinois). Now he’s being charged with stalking again in a new case, as he faces 11 counts of stalking, harassing and violating an order of protection. Anderson has pleaded not guilty, which is his Constitutional right. Of course he’s innocent until proven guilty, and he and his lawyer cannot be called unethical for wanting to make the prosecution prove the case against him beyond a reasonable doubt.

Nonetheless, this appears to be one of those cases where the not guilty plea itself is likely to destroy any credibility the defendant might have. You see, Anderson allowed himself to star in a 2022 episode of “I Am a Stalker.” Not only that, but the woman he admitted to stalking in that episode is the same woman he is accused of stalking in the current case.

According to court records, his re-stalking occurred last December and January of this year. First he violated a 2024 order of protection and “harassed” the woman by placing messages and content on her cellphone, writing a letter to her, texting her and making repeated calls to her using different phone numbers and apps to hide his contact information. He also is accused of surveilling her residence by parking in front of her home and her place of employment, “repeatedly calling and texting her,” and placing cupcakes on her vehicle.

Oooh, “cupcake stalking” sounds especially creepy.

Authorities say that Anderson gained access to her car, placed a GPS tracking device in it, and gained access to her Amazon Alexa device. This guy is good. He sure sounds like an especially experienced and professional stalker; this is probably why Netflix sought him out for its series, which my sock drawer crisis sadly preventing me from watching.

My pro tip would be that any time one’s plea is likely to cause the jury to roll their eyes so hard their eyeballs cramp, cutting a plea deal with the prosecutor is the wiser and, yes, the more ethical course.

Ethics Dunces: Rolling Stone, and Everyone Else Who Thinks Assaulting Law Enforcement Is OK As Long As the Missile Is Funny

/ Jack Marshall / 7 Comments

The Justice Department has fired employee Sean Charles Dunn after video showed him throwing a submarine sandwich at the chest of an law enforcement officer as a gesture of defiance against President Trump’s entirely legal executive take-over of crime control in the District of Columbia. He hurled the sandwich at the officer’s chest and tried to run away. When Dunn was apprehended, he told police: “I did it. I threw a sandwich.”

FBI Director Kash Patel announced that Dunn had indeed been “charged with felony assault on a federal officer.” Attorney General Pam Bondi noted on social media that “if you touch any law enforcement officer, we will come after you.” And he was fired.

The arrest, the charge and the employment action were all appropriate, but the Axis news media decided to weigh in as a fan of interfering with law enforcement and subjecting officers to thrown items, although doing so, whatever the missile, is pure assault and also battery (if the thrown item connects with its target).

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Ethics Quiz: Teaching Constitutional Law

/ Jack Marshall / 11 Comments

This is a bit different from the usual Ethics Alarms quiz.

Over at Dorf on Law, a site I had forgotten about, Eric Segal poses twenty questions about how Constitutional Law should be taught from this point going forward. They are:

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I’m Shocked…SHOCKED!…That Major League Baseball Is Facing a Gambling Scandal

/ Jack Marshall / 4 Comments

Cleveland Guardians (you know, the Indians?) pitcher Emmanuel Clase has been placed on non-disciplinary administrative leave through August 31 as part of Major League Baseball’s ongoing investigation into gambling. Clase’s teammate, pitcher Luis Ortiz, was the first player placed on leave under the ongoing investigation.

“The Guardians have been notified by Major League Baseball that as part of their sports betting investigation Emmanuel Clase has been placed on non-disciplinary paid leave per an agreement with the Players Association,” the team said yesterday in a statement. “We have been informed that no additional players or Club personnel are expected to be impacted. The Guardians are not permitted to comment further at this time, and will respect the league’s confidential investigative process as we continue to fully cooperate.”

Clase, an elite closer (the relief pitcher who pitches in the 9th inning when his team is ahead) signed a five-year, $20 million extension in April 2022. He’s being paid $4.5 million this year and has a $6 million guarantee for the 2026 season under the terms of that contract. Why would anyone making that much money risk it all to get involved with gambling in a sport where doing so guarantees banning from the game? That’s easy: professional athletes are not, as a rule, very bright, but are greedy,and have the ethics alarms of 12-year-olds.

I covered this issue in a longer post in February. I was right, the professional sports leagues are wrong, any fool could see it (but these organizations are not run ny just any fools, but very special fools), and the result is unavoidable. The embrace of gambling by sports organizations is going to be a disaster. It is hypocritical, incompetent and irresponsible.

Finally! “The Ethicist” Handles a Genuinely Difficult Ethics Query

/ Jack Marshall / 2 Comments

Kwame Anthony Appiah, who has been the The New York Times Magazine’s Ethicist columnist since 2015 and teaches philosophy at NYU, has been in a rut for months, choosing queries to answer from the Woke and Wonderful like “My mother likes Trump; should we be mean to her?” This time “The Ethicist responds to an ethical dilemma I have had to face myself: “Is it right to accept a job when I know the company discriminated against another candidate?”

The question:

I have been out of work for four months. I recently had an interview for a management-level position in my field, during which the interviewer asked a number of questions regarding my marital status, parental status and spouse’s occupation. I’ve spent most of my career in management, and the questions are clearly inappropriate and at odds with civil rights protections. I answered the questions, because I knew the responses would be in my favor: I’m a middle-aged guy whose spouse works remotely and son is in college. I’m aware of an internal candidate for the job, a younger mother of two school-age children, and the interviewer made comments about divided responsibilities and time commitments.

I kind of need the job, which raises two scenarios. In the first, I withdraw from the process. Should I notify the internal candidate of the legal violation, because I suspect (although have not confirmed) that the same questions were asked of her? In the second, I accept the position. How should I deal with the other candidate, who would be my subordinate, knowing that a likely E.E.O.C. violation tainted my hire? And additionally, should I notify the E.E.O.C. myself, regardless of whether I continue with this company?

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July Send-Off Ethics Round-Up, 7/27/2025

/ Jack Marshall / 9 Comments

The fact that my leg appears to be rotting off seriously impeded my Ethics Alarms activity this entire week, so a round-up of lingering ethics tales is desperately needed. The stupid wound, complete with a giant blood-blister the size and color of an eggplant, isn’t going to hurt any worse if I sit at my desk a bit longer, so here we go…

1. That painting above, “American Progress” by John Gast in 1872, was posted on the Homeland Security Facebook page with the message, “A Heritage to be proud of, a Homeland worth Defending.” Right, and right. Some Americans weak in citizenship are apparently offended by the statement and the painting. What’s wrong with them, and how did they get this way? The U.S.’s saga is objectively an inspiring one. I do not blame Native Americans for being bitter about how things worked out for them, but a Stone Age civilization was going to fail eventually one way or another, and the resulting culture, society, government and civilization has been a blessing to humanity. My only cavil with the painting is that it might be deliberate trolling. I think government departments and agencies shouldn’t troll. Neither should Presidents.

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Little League Ethics: A Bat Flip Controversy Goes To Court

/ Jack Marshall / 2 Comments

Little Leaguer Marco Rocco of Haddonfield, N.J., 12-years-old, hit a majestic home run in a Little League tournament game against a team from Harrison last week. Marco emulated what many big league players do in similar moments of triumph: he flipped his bat into the air to celebrate as he began to circle the bases. His homer put his team up 8-0 and a step closer to the Little League World Series.

But Marco was ejected from the game, and, by the Little League rules, the ejection included a one-game suspension for the next game too. Marco’s innocent bat flip meant he would would be barred from playing in a showdown against Elmora Township, with a the New Jersey state Little League title on the line. Marco’s father was told that in the umpire’s judgment, his son broke a rule that “At no time should ‘horseplay’ be permitted on the playing field.” No rule mentions bat-flipping.

So Mr. Rocco, who is a lawyer, filed a motion asking a New Jersey court for a temporary restraining order, and got it. The judge that Marco could play, in the next game, which took place yesterday, holding that “Little League is enjoined from enforcing its suspension.”

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