Law & Law Enforcement

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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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?

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Pointer: JutGory

The Gabbard Files

/ Jack Marshall / 5 Comments

The big news in last ten days—I mean other than the allegation that Donald Trump wrote a raunchy birthday card (maybe) to Jeffrey Epstein once—was a newly declassified report released by Director of National Intelligence Tulsi Gabbard that fingers former DNI James Clapper, former CIA Director John Brennan and former FBI Director James Comey among others in the Obama Administration, and later in the Trump Administration, as having deliberately “manipulated and withheld” key intelligence from the public in order to advance the hoax that there was Russian interference in the 2016 election with the collusion of Donald Trump.

Gabbard said she would provide all related documents to the Justice Department “to deliver the accountability that President [Donald] Trump, his family, and the American people deserve…No matter how powerful, every person involved in this conspiracy must be investigated and prosecuted to the fullest extent of the law, to ensure nothing like this ever happens again.” She said she was releasing information that showed a “treasonous conspiracy in 2016” by top Obama administration officials, including Obama.

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One More Reason To Despise The Unethical American Bar Association…

/ Jack Marshall / Leave a comment

The Pacific Legal Foundation, a conservative pubic interest law firm, commissioned research that demonstrated how the American Bar Association pressures law schools to adopt race- and sex-based hiring and admissions preferences using the threat of withholding its accreditation. The ABA oversees U.S. law school accreditation—this should stop—and abuses its power and woke biases to dictate law school discrimination on the basis of race, ethnicity and gender in violation of Title VI and the U.S. Constitution. The report is titled,“Unconstitutional Accreditation Pressures Force Law Schools to Discriminate against Faculty and Students.”

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An Incomplete Preview of Coming Attractions (Or Upheavals, or Reforms, Depending on One’s Point of View…)

/ Jack Marshall / 18 Comments

I have hinted here at various times recently of a major ethics project that I am working on relating to a growing and so far barely recognized scandal in the civil justice system. It is time to reveal a few details.

There are corrupt tactics and practices in the legal world centering on the litigation of mass torts. They are responsible for losses totaling billions of dollars inflicted on the victims of injury, plaintiffs, corporate shareholders, and taxpayers. These have metastasized over the last decade, spread by the opportunities created by too-loosely regulated law firms being allowed to include non-lawyer partners (in D.C., Arizona, and Utah), the rapid explosion of litigation financing provided directly to lawyers and law firms after a century of being regarded as an unethical practice to be avoided, and a tsunami of unethical and deceptive maneuvers that have been largely ignored by or unreported to the legal profession’s ethics watchdogs.

Quite by accident, I became aware of these practices in my legal ethics practice, frequently by being retained by lawyers and law firms who were the victims of them, and whose clients were at risk as a result. I was stunned at the depth of ignorance of this scandal among most lawyers, which, of course, is one major reason why it continues unabated. I began having regular discussions with legal ethics authorities, and, upon finding a whistleblower who had been an architect of many of these practices, began assembling a coalition, still growing, to expose the bad actors, tighten up the laws, regulations and legal ethics rules that have allowed them to thrive, and to overhaul the system itself that is neither trustworthy nor safe.

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Biden’s Doctor Claims Privilege and Takes The Fifth

/ Jack Marshall / 14 Comments

Former President Biden’s White House physician, Kevin O’Connor, refused to answer questions for the House Oversight Committee’s investigation into the White House and Democratic cover-up of Biden’s mental decline and disability. News accounts from the Axis keep stating that Biden’s condition and a cover-up are “alleged” only, but res ipsa loquitur: what we already know, have witnessed and heard tells us all we need to know except the who, how, and how long. Biden was (is ) suffering from dementia of one kind or another. His condition was carefully, if insufficiently, hidden from the public. The fact that his power had to be exercised by unelected figures using the President as their agent, puppet or beard constitutes at least as great a scandal as Watergate, and perhaps a more substantial attack on our democracy.

This betrayal of the public trust requires at least as thorough an investigation as that definitive scandal in the Nixon White House received. Democrats, however, unlike the Republicans of the Watergate era, are refusing to do their duty and assist in the inquiry, probably because they have metaphorical blood on their hands. They were complicit. They were guilty. The House inquiry includes questions about whether Biden’s staff used the autopen to illegally carry out official actions in Biden’s name. One would think both Democrats and Republicans would be concerned about this. Apparently not. Make of that what you will.

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Addendum to “The Supreme Court Rules That The President Is In Charge of the Executive Branch, Just Like the Constitution Always Said.”

/ Jack Marshall / 9 Comments

When I wrote the last post, I could not find a link to Justice Ketanji Brown Jackson’s sole written dissent in the 8-1 SCOTUS decision today to, you know, let the President of the United States run the Executive Branch, which the Constitution says he controls. Well, I finally did find one here, and the dissent is exactly what you would expect if you’ve read her recent hysterical, legally incompetent rants because her party isn’t getting away with its various efforts to cripple the Trump Administration. She is distinctly echoing the primal scream of frustration that the Axis is emitting because its dreams of a Woke paradise are evaporating by the hour.

She wrote in part, “In my view, this was the wrong decision at the wrong moment, especially given what little this Court knows about what is actually happening on the ground. This case is about whether that action amounts to a structural overhaul that usurps Congress’s policymaking prerogatives — and it is hard to imagine deciding that question in any meaningful way after those changes have happened. Yet, for some reason, this Court sees fit to step in now and release the President’s wrecking ball at the outset of this litigation.”

This is a policy complaint, not a legal one. Remarkably, even the pathetic Justice Sotomayor went along with the majority. The fact that Presidents have sought authority to do what the Constitution makes clear that they already have the power to do does not amend the Constitution. The Court lifted the say because it believed it likely that the President’s reorganization of his own Branch would be found lawful. It’s a good bet, given that the Constitution backs him up and there is no progressive majority on the Court more concerned with blocking Republican policies than following the law.

The coalition of unions and activists that sued to block the cuts said in a statement, “Today’s decision has dealt a serious blow to our democracy and puts services that the American people rely on in grave jeopardy.”

Are you sick of this narrative yet? It’s a grave thret to democracy to allow the elected President of the United Sates do what he said he would do if elected. More…

“This decision does not change the simple and clear fact that reorganizing government functions and laying off federal workers en masse haphazardly without any congressional approval is not allowed by our Constitution.”

But it is. Nothing in the document requires Congressional approval for Presidential control of his own Branch. The Founders do not mention “federal workers” at all, and envisioned a government that would not have departments and agencies multiplying like rabbits. Jackson’s tell is the use of her term “wrecking ball.” That’s a political bias without relevance to the law or the Constitution. She is the one advocating an abuse of power, not the majority.

Revisiting “I Don’t Understand This ‘Niggardly Principle’ Story At All…Or Maybe I Do and Am Just Afraid To Accept the Truth”

/ Jack Marshall / 26 Comments

The Rest of the Story: I’m reposting this essay from almost exactly a year ago because the Free Press has a disturbing update on Holden Hughes (“He Was Falsely Accused of ‘Blackface.’ It Derailed His Life.”), one of the boys whose 2017 selfie was used by an unidentified woke ethics villain to have the children tarred as racists during the George Floyd Freakout in 2020. That ethics villain was an ideological compatriot of my friends who are raving about MAGA and Trump today. That is their “side.”

He’s an adult now, but Holden’s life plans were seriously derailed when the private school he was attending expelled him, not because he really was wearing “blackface” in that photo (he and his friends were smeared with green anti-acne facial masks) but because the woke head of the school believed that appearances mattered more than reality. Last year, a successful law suit by his family against the school ended in a one million dollar verdict for him and another one of the boys. That was just money, however, the damage remained

Everyone should reflect on this cautionary tale (which the mainstream media scrupulously avoided reporting on, and you know why) when the Trump Deranged claim that progressives defend democratic values and deplore ideological bullying. The piece ends,

Last year, shortly after the lawsuit was settled, he started dating a girl he liked. On their second date, he told her about his past and after that, he said, she stopped responding to his texts. He told me that it’s hard to accept that “something completely out of my control kind of inhibits that relationship from going farther.” But he can’t change the past.

“It’s my life, and there’s no avoiding that. It made me who I am today.”

Throughout the entire ordeal of the last five years, Holden told me he would remind himself: “I know who I am. I know my values. I know the real story.” He knows the other story—the one that isn’t true—will continue to haunt him. “I don’t think it’s ever gonna leave me,” he said. But he wanted to speak to me because he believed that putting his story in print, knowing it would be on the internet forever, would be cathartic. For him, it is a chance to finally set the record straight, after trying to hide the lies for so long.

“I am not ashamed of anything that happened,” Holden said. “I have made a lot of mistakes in my life. I make them every single day, but doing an acne face mask in eighth grade was not one of them.”

Here is the post, from May 11, 2024:

Now get this: In 2017, three 14-year-old California teens, two of whom, Holden Hughes and Aaron Hartley, were about to begin attending St. Francis High School, a Catholic private school in Mountain view, were modeling anti-acne medicinal face masks that involved smearing dark green goo on their faces. (One of the boys had severe acne and his friends put the stuff on their own faces in an act of support). The teen who wasn’t headed to the private school snapped a selfie because the boys thought they looked funny. A similar photo taken a day earlier indicated that they had tried white medicinal face masks as well. 

A student at St. Francis found the image online and uploaded it to a group chat in June 2020. Not only was the George Floyd Freakout in full eruption, but the photo was circulated on the same day that recent SFHS graduates had posted on Instagram a satirical meme pertaining to Floyd’s demise, so the school was “triggered.” The gloriously woke student who decided to publicize the greenface photo claimed that the teens were using blackface; “another example” of rampant racism at the school, he posted, and urged everyone in the group chat to spread it throughout the school community—you know, to cause as much anger, division and disruption as possible.

I can’t find the name of that charming kid. He’ll probably be Governor of California some day.

Soon after this seed was planted, the Dean of Students at St. Francis Ray called the Hughes’s and Aaron Hartley’s’ parents to ask them if they were aware of the photograph. They explained that the teens had applied green facemasks three years earlier, long before the non-racial Minnesota incident that had no demonstrable racial significance and definitely no relevance to blackface. The parents added that the teens’ use of the acne medication had “neither ill intent nor racist motivation, nor even knowledge of what “blackface” meant.”

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Paramount/CBS Pays For Its Unethical Election Interference: Good!

/ Jack Marshall / 15 Comments

It looks like the settlement will amount to around 16 million dollars when all is tallied up, more than what ABC paid for George Stephanopoulos repeatedly (but not maliciously, oh no, never that!) calling Donald Trump a “rapist” on national TV. Several cynics were telling me today that this was “a drop in the bucket” for Paramount—it doesn’t matter. The settlement is an admission of wrongdoing, and what CBS and “60 Minutes” did by stealth editing a Kamala Harris interview late in the Presidential campaign to make her sound like less of an idiot was wrong, another “enemy of the people” act, and a blatant attempt to mislead voters and support the Democratic Party under the guise of journalism.

More important than the symbolism of the money perhaps is CBS’s promise to install a mandatory new rule requiring the network to promptly release full, unedited transcripts of future Presidential candidate interviews. It is the “Trump Rule.” That a television news division had to be forced into institutionalizing such transparency tells us all we need to know about the dismal state of broadcast journalism.

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Ethics Villain CNN Pushes the First Amendment Envelope

/ Jack Marshall / 24 Comments

What this despicable “enemy of the people” is doing by deliberately publicizing an anti-ICE app may be legal, but it is undeniably unethical. The Trump administration should prosecute anyway.

Joshua Aaron (above: he looks exactly like I assumed he looks!) is a musician and software developer who, because he’s an anti-American, pro-lawbreaking asshole, created an app called ICEBlock. It’s a descriptive name: it allows advocates of open borders and opponents of law enforcement to post sightings of U.S. Immigration and Customs Enforcement officers across the country. Then the law-breakers they are seeking can more effectively avoid capture, and those who want to attack, harm, kill, or impede ICE agents have a metaphorical “leg up.” That’s nice.

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