Law & Law Enforcement

Sunday Ethics Warm-Up, 2/2/2020: The “Let’s Not Watch The CTE Bowl And Think About Ethics Instead” Edition

/ Jack Marshall / 20 Comments

Good Afternoon!

I almost managed to ignore football completely this season, and I’m proud of it.  There were few rogue kneelers in the NFL this year, and the New England Patriots, my hometown role models for the Houston Astros, finally bit the dust. Meanwhile, there was little new on the CTE front, not any more is needed to prove that cheering young men in the process of destroying their brains for a handful of well-compensated seasons as football heroes is immoral and unethical.  I did recently watch the Netflix documentary, “The Killer Inside,” about Aaron Hernandez, the Patriots star who murdered a friend and perhaps two others. I didn’t know that after his suicide in prison, it was found that Hernandez suffered from CTE, and that  his brain was one of the most damaged scientists have ever seen.  The documentary also says that the New England Patriots coaching staff saw signs that he was deteriorating and becoming unstable, as well as using drugs, and they made no effort to intervene. After all, he was playing well, and the team was winning.

That’s pro football. To hell with it.

1. “The Chop.” I have written about this perpetually silly issue a lot, and recently, but the New York Times, being the Official Paper of the Woke, has felt it necessary to publish three pieces this week on the the so called “Kansas City Chop,” the tomahawk motion used by Kansas City Chiefs fans (The Chiefs are in the Super Bowl, you know) when cheering on their team. The chop is most identified with the Atlanta Braves (How satisfying it was to watch Jane Fonda dutifully chopping along with then husband Ted Turner when the  Braves finally made the world Series in 1991!), but Chiefs fans started copying Braves fans. It is, of course, intended to rally the team, has nothing whatsoever to do with any kind of commentary on Native Americans, those who pretend to be seriously unsettled by what fans of an NFL team do to show their affection for their team are either faking or need psychiatric care. But here’s CNN:
 Continue reading →

#MeToo Ethics: Prosecuting To Stigmatize The Accused

/ Jack Marshall / 16 Comments

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading →

Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition

/ Jack Marshall / 19 Comments

The good news: Other Bill’s get well bouquet (above) from the Commentariat to the fallen “Mrs. Ethics Alarms” is still thriving!

1. Humbly grateful...for all the gracious notes of forgiveness for the “Unethical Quote Of The Century” fiasco, explicated here in the early morning hours. Imagine: with all the hysterical, dishonest, apocalyptic declarations flying around the airwaves, news media and  web, I managed to write about one that was never said.

2. Ann Althouse on “rigged.” The politically neutral bloggress gave me a much needed laugh with this: Responding to the Washington Post’s Dana Milbank’s unhingery in “The Senate impeachment trial was rigged!,” Ann wrote,

Yeah, it was rigged. Everything is rigged. The election was rigged. Trump isn’t really President. The impeachment trial was rigged. The acquittal won’t count as an acquittal. If Trump wins reelection, it will be because it was rigged. It’s all rigged. The Constitution itself is rigged. What’s with that 2/3 vote requirement? Rigged. Electoral college? Rigged! Life itself is rigged!…

Bingo. Do all the people screaming about the decision not to allow witnesses remember that the Clinton impeachment trial has no  witnesses, and neither Republican nor Democrats complained?  The ones who do are hypocrites, the ones who don’t. most. I think, are inexcusably ignorant. I’m not certain the Democrats really wanted witnesses, since their alleged “bombshell” witness, John Bolton, was not going to testify that he knew the reason Trump was pushing for a Ukrainian investigation was to “rig” the election, and the GOP was going to demand to question Biden and son. as well as the “whistleblower.” I suspect that the Democrats assumed that calling witnesses would be voted down, giving them a theme that Republicans were covering up for Trump. Or maybe not. Nothing about the Plan S impeachment sham makes sense. However, the screaming at the sky over a result that was inevitable and widely known to be so years ago was also inevitable, and, one would think, embarrassing. Continue reading →

Gallup’s 2020 Trust In Occupations Poll

/ Jack Marshall / 4 Comments

I usually cover this interesting poll when it comes out in early January; somehow I missed it this year., and am getting it in right under the January wire. The results don’t change much from year to year, as you will see,  and this year was no different.

As the have for many years now, nurses, once again, top the list. Continue reading →

Morning Ethics Warm-Up, 1/31/2020: A Man’s Home Is His Box, And More…

/ Jack Marshall / 16 Comments

Hello, Ethics Alarms, Good-bye January…

Between the nauseating impeachment charade and baseball’s cheating scandal (and the largely ethically ignorant commentary regarding it),  the bias of the mainsteam media reaching critical mass in episodes like this and the Don Lemon panel’s mean girls mockery of those dumber than dumb Trump supporters, mounting evidence that Democrats are going nuts based on the rise of a superannuated Communism fan in the race for the party’s Presidential nomination, and, of course, my wife doing a face-plant into some asphalt,  it was a not a happy 31 days at The House of Ethics.

Amazingly, it has been a very good month for the President, becoming the first POTUS to unequivocally endorse the anti-abortion movement by appearing at the March for Life, cutting a partial deal with China, ridding the world of Qasem Soleimani (and in doing so, prompting  his domestic foes, including the news media, to publicly sympathize with a terrorist and a nation that habitually calls for America’s destruction), releasing a Mid-East peace plan that is garnering support everywhere but from Iran, the Palestinians, and, of course, the U.S. media, and seeing economic figures so good even the New York Times has been forced to acknowledge them, all while being called every  name in the book and an existential threat to democracy on C-Span by the Democratic House impeachment managers.

1. “Dolemite Is My Name” We finally watched “Dolemite Is My Name,” (on Netflix), Eddie Murphy’s homage to comic Rudy Ray Moore and  his 70s Blaxploitation film “Dolemite.” So much for my proud claims of cultural literacy: I never heard of  Moore or his film, which is apparently a genre classic. Moore is regarded as the Father of Rap; how did I miss this for so long? Murphy’s movie tells the mostly true story about how a group of complete novices, led by Moore, made an exuberantly idiotic movie (faithful to Moore’s formula for success with black audiences: “Titties, funny, and Kung-Fu”) for $100,000 that grossed 10 million.

The movie is fun as a black version of “Ed Wood” (same screenwriters, I discovered later) and won some awards. For it to be make any 2019 Ten Best lists, however, is blatant race pandering by critics. Continue reading →

Morning Ethics Warm-Up, 1/30/2020: The Almost All Bolton Edition

/ Jack Marshall / 19 Comments

No, that’s not my Christmas tree, that’s John Bolton.

 Reluctantly Taking Down The Christmas Tree Day has finally arrived.

I’m sad. This was one of the Marshall’s loveliest trees ever; a neighbor said just yesterday that seeing it through our big living room window cheered her up every day. I always dread this, and not just because of the inevitable prickle wounds: the world seems a darker and more pessimistic place without a bit of Christmas in evidence. However, there’s no avoiding the chore: this tree is so dry I am taking down ornaments by snapping off the ends of branches by my fingers.

1. On Bolton. I suppose this qualifies as a sub ethics train wreck to the Trump Impeachment Ethics Train Wreck, which is itself a sub ethics train wreck to the 2016 Post Election Ethics Train Wreck…

  • Former Trump National security advisor John Bolton, a hawkish loose cannon who gets along with no one, was another example of a doomed appointment by the “We’ll appoint the best people” President. A  falling out and  acrimonious dismissal were so predictable, just as with Moochie, Bannon, Omarosa and other dubious personalities.

And, of course, the President is a dubious personality himself.

What a great witness!

  • Bolton, like Omarosa, wasted no time cashing in on his truncated White House experience, and wrote a book for Simon & Shuster scheduled to be released in March of 2020. This conduct alone is signature significance for an untrustworthy snake. Once, now long ago, no respectable member of a Cabinet or high official in an administration would write a tell-all book revealing incidents and words  learned in trust and confidence while that administration was still trying to govern, and many would refuse to reveal such information ever.

Though Bolton’s venal disloyalty has entered “Everybody does it” territory, it is still wrong, still unethical, and still the mark of a Judas. Continue reading →

The Vital Concept Of Culture, Part I: Ignore It At Civilization’s Peril

/ Jack Marshall / 21 Comments

Its is amazing to me how dismissive many supposedly astute people are regarding the importance of a single, strong and accepted culture to any group or organization, large or small. Even though toxic culture-based catastrophes occur at a  constant rate, the message never seems to get through sufficiently for metaphorical lightbulbs to switch on in millions of brains illuminating the thought, “Ah! Of course! Consistent, proven  values and common belief systems plus the societal enforcement of them are essential to our nation’s success, coherence and survival!”  It is amazing.

The unethical, ruthless, quid pro quo culture of Hollywood creates Harvey Weinstein, everybody makes inspiring speeches,, and  yet the core lesson that he was a predictable product of a industry sick culture never seems to sink it. It’s men’s fault. It’s a failure to believe accusers. No, it’s a failure to give proper priority to building and maintaining an ethical and healthy culture.

Baseball’s Houston Astros suddenly are found to have permitted widespread cheating by electronic sign-stealing, and their manager and general manager are fired for not detecting and stopping the problem.  However, the team had already indicated that it was working in a self-engineered “ends justify the means” culture when, in need of a relief pitcher, it signed one who was facing a trial for domestic violence even as the Astros had announced a “no tolerance” policy toward that very same activity.  The sign-stealing wasn’t the scandal; the gradual acceptance and nurturing of a corrupt culture was the scandal.

There are many other examples, but this an introduction, after all. Continue reading →

Unethical Quote Of The Month: Senator Richard Blumenthal (D-Conn) [CORRECTED!]

/ Jack Marshall / 19 Comments

“It was a fact-free summation of a case bereft of evidence – we need the evidence. We need the witnesses and documents.”

—-Democratic Senator Richard Blumenthal, commenting on C-Span regarding the Trump defense lawyers’ presentation.

I suppose this isn’t so much of an unethical quote as a quote that reveals one’s own unethical conduct by accurately stating the facts. Yet Blumenthal doesn’t seem to realize that what he just admitted proves that this benighted impeachment sham is as I and others described it to be from the start: a case bereft of evidence.

Other points: Continue reading →

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

/ Jack Marshall / 25 Comments

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Morning Ethics Warm-Up, 1/28/2020: Transcripts! Audacious Defense Lawyers! Canadian Defamation! “Bombshells”! [UPDATED]

/ Jack Marshall / 56 Comments

Good morning…

1. Here’s a typical unbiased New York Times front page headline regarding the impeachment trial (from last week):

“One One Side, Piles of Evidence, On the Other, Heaps of Scorn”

Here’s some more scorn: there is no evidence at all of impeachable offenses on  that pile, and scorn for the President is being treated as evidence.

2. This is astounding. (From johnburger, and thanks) Check out this.

Continue reading →