Columbus Day Weekend Ethics Warm-Up, 10/10/2020: Dumb Tweets, Rigged Reviews, Insane Academics, And Police Conduct Worth Protesting

Is it that time again already? Great, now we have to listen to more Statue Toppling rants from anti-Columbus zealots who don’t think changing the world unquestionably for the better and setting in motion the chain of events that allowed the United States to exist is worthy of a day of recognition.

1. I confess. Although I bailed out of following baseball this “season” when MLB’s groveling to Black Lives Matter became too much to bear, I do check the scores now and then, and thus am taking some pleasure in the fact that the New York Yankees were eliminated in the best of five Divisional Play-offs by the Tampa Bay Rays, making it eleven straight years since the Bronx Bombers got to the World Series.

2. Idiotic tweets that did not come from the White House. Whether one believes the Doomsday Polls or not, it is beyond question that President Trump’s prospects this November would be far brighter were he able to resist sending out dumb tweets, many of which I have highlighted here. (There is a Trump Tweets tag, if you want to reminisce. Like so many of his regrettable proclivities, this one is apparently contagious. Powerline recently flagged three head-exploders:

  • From Washington governor Jay Inslee:

Inslee tweet

  • From former CIA director and Deep State Trump saboteur John Brennan:

Brennan Tweet

Those who visit here often know that by Ethics Alarms standard, quoting “Imagine” as if this infantile doggerel by John Lennon is profound automatically wins any “Dumbest” competition.

Continue reading

The American Bar Association Has Lost Faith In Professionalism, It Seems.

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

Continue reading

Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

Continue reading

“Wait, I Have The Right To Consult A WHAT?”

Miramda attorney

Devin Malik Cunningham, 21, is accused of the robbery and murder of a 71-year-old man. His lawyers argued that his confession should be excluded from the trial because he didn’t understand the Miranda warning given to him when he was arrested. Specifically, Cunningham claims that testified that he was confused when asked whether he wanted “an attorney,” and that is why he agreed to speak with police.  He said that he thought an attorney is a judge.

No wonder he didn’t want to speak to a judge. Judge William Amesbury of Luzerne County, Pennsylvania ruled that his claim was absurd, noting that there was no evidence of a cognitive or learning disability that would support Cunningham’s alleged misunderstanding.. There was also evidence that an arresting  officer explained during questioning that an attorney is a lawyer.

I wonder what is the presumed understanding of basic English vocabulary words for an English speaker. Cunningham’s Hail Mary defense, if accepted, might have opened up a brand new avenue for accused criminals, sexual harassers, and those derided as uncivil. I think he may have made a bad choice regarding what he thought “attorney” meant. Why not plead complete confusion: he thought an attorney was a platypus! Or a salve for athlete’s foot!

Continue reading

The Great Ethics Train Wreck Of 1910

On this date, October 1, 110 years ago,  a massive explosion destroyed the Los Angeles Times building in the city’s downtown area, killing 21 employees and injuring many more. This obviously unethical act—though in the over-heated labor environment of the times, union activists would secretly defend it—set off a series of events in one of the great ethics train wrecks in U.S. history.

The explosion was a message to Los Angeles Times publisher Harrison Otis, a powerful opponent of the burgeoning labor movement in general and unions in particular. Determined to exploit the tragedy to turn public opinion against organized labor, he hired the nation’s most famous private detective, William J. Burns, to crack the case while his paper supplied an avalanche of anti-labor editorials and slanted news stories.  Otis, the leader of the Merchants and Manufacturing Association, a powerful group of business owners with extensive political connections, seemed less interested in justice for the dead than a decisive knock-out of the union movement itself.

Burns’ investigation led to the Bridge and Structural Iron Workers Union and their treasurer, John J. McNamara. Burns got a confession out of  a sketchy character named Ortie McManigal who had allegedly been the intermediary between McNamara and two bomb experts, and personally arrested John McNamara and his brother James in Indiana. Then Burns supervised the kidnapping and transportation of the brothers to California, where they could be prosecuted.

Convinced that the the McNamara brothers were being framed—some labor supporters even suspected that Otis had bombed his own building—Samuel Gompers and Eugene V. Debs pressured Clarence Darrow, then the premier labor lawyer in the U.S.,  to take on the McNamaras’ defense. Darrow had been ill and seeking to retire, but a recent stock market crash had left him broke as well. He agreed to take the case for the then unprecedented sum of $50,000 (about $1,368,000 today). The unions literally had children collecting nickels and pennies to build the defense fund.

The unions were Darrow’s clients under the existing legal ethics rules, but the brothers were also his clients, and their lives were at stake. This became a serious conflict when Darrow learned, within minutes of meeting with the McNamaras, that they were guilty.

Gompers had told him that the brothers had to be acquitted or the entire labor movement might be destroyed forever. The clients paying his fee, therefore, demanded a plea of “not guilty.” Darrow, however, became convinced that only a guilty plea would save the brothers from execution. Meanwhile, he knew that there was no way the McNamaras could get a fair trial. The Times was poisoning the jury pool daily. The prosecution was engaging in outrageous tactics, like bugging Darrow’s offices in L.A. They even had Darrow followed, and got incriminating photographs of the lawyer leaving the apartment of his long-time, off-and-on mistress, a female journalist covering the trial. Then they used the photos to try to force Darrow to withdraw from the case, threatening to show them to his wife, Ruby.

“Go ahead,” he said. “She knows all about Mary.” Darrow’s hands were hardly clean either: his agents had located the supply of dynamite in Indiana that the fatal charge had been taken from, and he hired a lawyer to hide the evidence in a safe. Continue reading

Ethics Quote Of The Week: Paul Mirengoff

“Conservative America is disgusted with the NBA, and therefore is tuning it out. We’re disgusted ….with the embrace of the radical BLM movement by the league and its players….My problem was what was allowed, indeed encouraged, during the games. I will not watch any sports event during which the preaching of politics or ideology occurs. I guess I’m not alone.”

—Conservative lawyer and blogger Paul Mirengoff on the Powerline blog, discussing the huge fall-off in TV ratings for the current NBA play-offs.

Mirengoff is wrong to attribute this reaction only to conservatives, however. I have spoken with many sports fans who would not fit that description who are equally disgusted with the professional sports leagues. All of the leagues made a foolish assumption that by embracing the views of many progressive activists, they would at least hold on to the allegiance of  fans who agreed with those positions. ESPN and many sportswriters have made the same mistake., and it’s a stupid one. If I go out to dinner and the service staff bombard me with their political views during the evening, it doesn’t matter if I agree with what they say: I didn’t come to the restaurant to listen to political diatribes.

If you’re wondering about the ellipses, I left out a reference to the NBA’s addiction to China’s money, leading the league to ignore the despicable human rights record and political oppression in that country. That is a conservative complaint, and a valid one, but I doubt it affects NBA play-off ratings one tick.

I haven’t finished my letter to the Boston Red Sox, but I write it as I completely ignore the baseball play-offs as I will through the World Series. I want to make sure the team realizes that if its ugly promotion of Black Lives Matter could alienate me, it is in big trouble in the community. The players need to understand that as well, but it was up to management to tell employees to do what they were paid for, and not use their celebrity to make incompetent and divisive political statements. Continue reading

Pre-Debate Ethics Distraction, 9/29/2020: Prediction: Whatever Happens, I’m Going To Hate It, And The News Media Will Lie About It.

The question for the ages: Was this the most unethical pair in a Presidential debate before tonight?

1. Well this seems ominous. This morning the Trump campaign requested  that a third party inspect both candidates for electronic devices or transmitters. President Trump had already consented to such an inspection, and the Biden campaign had reportedly agreed to this days ago. The New York Post reported a few hours ago that the Biden camp refused the condition.

What’s going on here? I can only assume that it’s gamesmanship. Biden would be beyond demented to try to cheat in a broadcast debate.

2. Here are results of the FIRE’s college free speech rankings survey, as determined by students. My alma mater ranked #46 out of the 56 schools ranked; no surprise there. The school I worked for as an administrator after getting my law degree there is two slots worse.

3. Prediction: It will not end well for poor David Hogg. I foresee a tragic opera in his future. Too young for the prominence he was thrust into as a survivor of the Parkland shooting, cynically exploited by the news media and activists who did not care about him, he is now condemned to have no support from any quarter. His best course would be to quietly leave the public gaze forever, and fight off the addiction of fame. It’s not easy. Continue reading

The Vegan Parents: No, They Haven’t “Suffered Enough”

Review: “I don’t recommend this formula. It killed my baby.”

The vegan parents of a baby girl they condemned to a lifetime of brain damage pleaded guilty to negligently causing serious injury, thus avoiding jail time. They will  have to perform 12 months of community service, and will also have to undergo mental observation and treatment.

Talk about locking the barn door after the horse has escaped.

Having ignored all legitimate health advice regarding the nutritional needs of infants for a full year, the parents took their 12-month-old baby girl to an emergency clinic in August 2018 with her suffering from extreme malnutrition, open wounds, rashes, bruises, discoloration of her skin, internal bleeding and blood in her stool. Her condition, doctors said,  resembled those of babies being raised in countries during famines.

A week before, the father had sought the help of an online vegan website, writing,

“Hi my 1-year-old has stopped wanting to drink/eat and when she does, it’s not staying down or she starts to cough,” he reportedly wrote in the email. “What can I do to help her keep it down and allow her to drink? She doesn’t have a temp. She is on a fruit diet. Please help asap.”

The recommended solution: “stomach tea.” The parents had decided that they didn’t trust doctors after being told  told that their baby required more than the coconut water and health store powders that they began feeding her after she stopped breast-feeding. Continue reading

The Amy Coney Barrett Hysteria, PART 2

Part I is here.

More on this disturbing (but not  surprising) unethical phenomenon:

  • The Return of Anti-Catholic Bigotry. Who saw this coming? In 1960, the attacks on John Fitzgerald Kennedy for his Catholic faith were considered—by Democrats!—the equivalent of Cro-Magnon-level bias. Founded substantially by Protestants, the U.S. once viewed Catholic immigrants from Ireland, Italy and Spain with suspicion. Historian Arthur Schlesinger Sr. wrote that anti-Catholicism was “the deepest-held bias in the history of the American people.”

Funny, I thought the election of JFK finished that particular bias off for good. Nobody talked about religion as an issue when Bobby Kennedy ran, or in connection with Ted Kennedy. Other than the Kennedys, how many even know that these announced candidates for the President in the past were Catholics: Eugene McCarthy, Edmund Muskie, Jerry Brown, Bruce Babbitt, Patrick Buchanan, Tom Harkin, Alan Keyes, John Kerry, Rudy Giuliani, Newt Gingrich , Rick Santorum, Jeb Bush, Chris Christie, Bobby Jindal, Martin O’Malley, George Pataki, Rick Santorum, Marco Rubio, Bill de Blasio , Julián Castro, Kirsten Gillibrand, Beto O’Rourke…aaaaand Joe Biden.

Nobody cared, cares, or  should care. Yet in the New York Times, regular cop-ed writer Elizabeth Bruenig endorses anti-Catholic bigotry as a tool to block Barrett using  weasel words, saying attacks on Barrett based on her religion attacks may “not be entirely baseless.”  Why the shift? Why, it’s because Barrett must be stopped by “any means necessary,” and Democrats and progressives are willing to abandon any principle in that pursuit.

Incidentally, there are already a majority of Catholics on the Court: five, with Sonia Sotomayor, Chief Justice John Roberts, Samuel Alito, Clarence Thomas and Brett Kavanaugh all being raised in the Church. There were nine Catholic Justices before them, including liberal icon William Brennan, and conservative icon Antonin Scalia. Their faith was not an issue in either of their confirmation hearings. Continue reading

The Amy Coney Barrett Hysteria, PART I

We knew that whenever it was that Ruth Bader Ginsburg had to be replaced (and those of us who have not completely forgotten the immutable rules of mortaliy were not shocked when this occurred sooner rather than later) we knew that the Left would freak OUT. That they—by “they” I mean Democrats, “the resistance,” the Trump Deranged, pro-abortion fanatics, feminist ideologues and the substantial segment of social media that can be counted upon to react like the cattle in “City Slickers” when Billy Crystal turns in his battery-powered coffee grinder—would freak out quite this embarrassingly, however, I did not foresee.

This is only because I am an idiot, of course. The way the left has reacted and is reacting to Donald Trump’s election should have prepared me. Surely the despicable way they treated Brett Kavanaugh should have prepared me. It’s just that I find it hard—maybe I should say “painful”— to believe that one whole side of the political spectrum is capable of it all.

Need I mention that metaphorically running around screaming nonsense with one’s hair on fire is unethical? It is irresponsible citizenship, it is neither competent nor prudent, and it upsets the less-intelligent members of the herd, and it is wildly unfair to Judge Barrett.

Let’s just stick with that proposition, and concentrate primarily on examples that are res ipsa loquitur, meaning in this case that if you have to be told why some things are nuts, then you’re nuts too.

  • Senator Gillibrand’s tweet:

The fact that this outrageous statement is not out of character for the Junior Senator from New York doesn’t make it any more tolerable. The statement itself is another iteration of The Big Lie. Of course Barrett is qualified for the Court. Her former colleagues say so, the ABA says so, and and the current membership of the Court itself says so, since there are more than one Justice whose qualifications upon being confirmed were considerably less impressive.

Gillibrand represents the dangerous brand of anti-democratic thought her party is now peddling, albeit more openly and flagrantly than most of her compatriots, who are smarter than she is. That false principle is that only those who bow to Leftist cant are “qualified” to have any influence, legitimacy or power at all. Continue reading