Law & Law Enforcement

FIRE Fights To Maintain Neutrality, Objectivity, Fairness and Integrity

/ Jack Marshall / 16 Comments

I’m not sure that’s possible in this situation.

FIRE is in Ethics Zugzwang.

The Foundation for Individual Rights and Expression bravely and admirably expanded its mission when it became clear that the ACLU no longer cared about protecting the rights of all Americans, just those whose political views it supported. Now the expanded FIRE is trying its mightiest to maintain a politically neutral stance while involving itself in the current rebellion against the rule of law and immigration enforcement in the “sanctuary” states and cities.

Stipulated: This is unquestionably the right position for a civil rights watchdog to take. I also believe it is a position that cannot be effective or even coherent.

The latest statement by FIRE is an essay on its website called “The Alex Pretti shooting and the growing strain on the First Amendment.” Everything in the essay is fair and accurate. Unfortunately, FIRE’s position is likely to get people killed, as fair as it seems. Or in the immortal words of my father’s favorite epitaph,

He was right, dead right

As he sped along

But he’s just as dead

As if he were wrong.

The points FIRE makes about Pretti are arguably legitimate:

Whatever comes of the investigation, this moment demands a reaffirmation of basic First Amendment principles that the administration increasingly undermines by collapsing protected expression into criminal conduct.

First, Americans have a right to protest peacefully. That right doesn’t depend on the cause or politics involved. Whether you are protesting immigration enforcement, the president, abortion, or COVID-19 restrictions, you have a right to go outside and make your voice heard. But the administration has shown a pattern of hostility toward this nation’s long tradition of peaceful protest and dissent, including threatening demonstrators with “very heavy force” and targeting universities and foreign students over protest activity. In September, the administration released National Security Presidential Memorandum 7, which links disfavored viewpoints to domestic terrorism, notably “extremism on migration,” a term left undefined. 

Second, Americans have a right to observe and record law enforcement officers performing their duties in public. Government officials sometimes abuse their power or make mistakes, and public observation and recording are essential tools for documenting misconduct and holding officials accountable. Nobody has a right to physically interfere with law enforcement. But officials have claimed — incorrectly — that it’s illegal to follow and videorecord federal agents or to share photos and videos of them online. Just last Friday in Maine, video revealed a masked ICE agent telling a woman recording him that he was taking pictures of her car because “we have a nice little database and now you’re considered a domestic terrorist.” 

The administration’s invented or distorted definitions of “impeding,” “obstructing,” or “doxxing” have no basis in the law and are inconsistent with the First Amendment. 

Third, Americans don’t forfeit First Amendment rights when exercising their Second Amendment rights. That was true when demonstrators opposing pandemic restrictions openly carried guns at the Michigan statehouse. And it’s true for those protesting immigration enforcement today. In some contexts, displaying the firearm itself is part of the expressive message. Threatening others with a firearm is plainly illegal, but legal carry cannot justify suppressing protected expression or using deadly force.

All true, and also, “Yes, BUT…”

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Inside The Mind Of The Kind Of Progressive Fighting Law Enforcement In Minnesota

/ Jack Marshall / 33 Comments

The term suggested is “pro-crime” leftist. I’d prefer pro-chaos leftist, because the Far Left has always sown chaos as the perfect compost for expended government power and totalitarianism. Somehow, the Far Left is now just the Left. How unhinged (or sinister) are these people? Behold Anna Krauthammer, for whom indoctrination, mainstreamed bias from the new media and an IQ below freezing resulted in her authorship of “Why I Didn’t Report My Rape” at the Socialist/Communist rag “The Nation.”

She’s a “prison abolitionist,” as well as a Defund the Police lunatic and a “law enforcement is racist” puppet. Here’s enough of a sample of her nonsense to send you to the nearest toilet:

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Unethical Quote Of The Year, I Hope: Minneapolis Police Chief Brian O’Hara

/ Jack Marshall / 35 Comments

Just when I think I can’t imagine any worse quotes from an ethics perspective than for example, the despicable rant by Minneapolis Mayer Frey, an Ethics Villain, or any number of Tim Walz’s attempts to foment violence and rioting, someone else says “Hold my beer!”

Imagine a law enforcement officer saying or even thinking this…

 “Even if there is an investigation that ultimately proves that at the time of the shooting it was legally justified, I don’t think that even matters at this point, because there is so just much outrage and concern around what is happening in the city.”

—Minneapolis Chief of Police Brian O’Hara, siding with the rioters as he discussed the I.C.E. shooting of Alex Pretti

 

Let’s see: unethical, dangerous, irresponsible, illogical and stupid. In fact, Sidney Wang wants to get a word in but he’s been appearing here too often lately, through no fault of his own, so he’s sidelined.

So the position of law enforcement in Minnesota is that law, facts and reality must take a metaphorical back seat to “feelz”: if people are upset enough, it justifies law-breaking, rioting, threatening and harassing officers, anything, really. This is the world view of the progressives—anarchists, really—that Democrats are supporting now. There are no rationalizations that can excuse this. These are bad—okay, unethical—people who are preaching chaos and opposing everything the human race has learned about preserving civilization.

Jonathan Turley, who has a book out about the politics of rage in the U.S., appears to have had his head explode from O’Harra’s statement and those by others, like Arizona Attorney General Kris Mayes (Guess which party!), who said that she does not consider ICE officers to be “real law enforcement” and that Arizonans may have the right to shoot them. He wrote in part yesterday,

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Ethics Quiz: the Narcissist Nurse

/ Jack Marshall / 14 Comments

The woman above, a nurse at a Georgia hospital, was told to go home and not to come back to work until she got rid of her flamboyant (I’m being nice) hair style. The woman—I don’t care what her name is—claims that the ‘do is culturally significant, whatever that’s supposed to mean. She also claims that it doesn’t interfere with her job, which I would dispute, and that the hospital is discriminating against her race by telling her that is isn’t professional to dress up like an exotic bird …

…to care for sick people.

I think the lawsuit is a loser: I’m sure the administrators will say convincingly that no one, male or female, black, white or puce, would be allowed to work with that on their head. The woman is an exhibitionist. Personally, I would be wary of trusting any hospital that allowed someone with such dubious judgment and misaligned values to be charged with patient care.

Also, as someone whose week long stay in a hospital last summer featured being awakened out of a deep sleep to have some nurse’s head four inches from my face, the sight of that hat hair could spark a cardiac episode.

But hey! I can be convinced otherwise. So that’s why…

Today’s Ethics Alarms Ethics Quiz is…

Is a nurse who wears her hair like that meeting minimal professional standards?

Stupid Lawyer Tricks…

/ Jack Marshall / 6 Comments

This really happened, based on the reliability of the lawyer who reported it to me.

In one of those petty organizational battles over control of a book club or something of similar weight, one faction tried to kick a member of the other faction off the organization’s board without any authority to do so. The other faction quickly insisted that the member be put back on the board, and is trying to oust the offending faction from the group entirely. The fight has erupted on social media, mostly on the club’s Facebook page, in angry and ugly posts.

The ejected faction has hired a lawyer who sent a Cease and Desist and Demand letter to the rest of the membership, threatening a defamation suit. The Demand Letter ended with the following:

THIS LETTER IS A CONFIDENTIAL LEGAL COMMUNICATION AND IS NOT FOR PUBLICATION. ANY PUBLICATION, DISSEMINATION OR BROADCAST OF THIS LETTER OR ANY PORTION OF IT THEREOF, WILL CONSTITUTE, INTER ALIA, A VIOLATION OF THE COPYRIGHT ACT. YOU ARE NOT AUTHORIZED TO PUBLISH THE LETTER IN WHOLE OR IN PART.

Well..

1. The letter is obviously not confidential client communication as it has been communicated to non-clients.

2. Sure it’s technically copyrighted like anything you write is, but fair use of such a letter makes the implied threat deceitful. The recipients don’t need authorization to re-publish the letter, and neither do I.

3. Where do lawyers like this get their law degrees from, Bazooka gum comics? “Draw Skippy” ads?

4. My immediate suspicion upon receiving a demand letter like this would be that someone is engaging in the unauthorized practice law or using a dumb AI bot.

Port script: I’m trying to find a standard graphic for this topic. I’m considering using Michael Cohen, Trump’s perjurous, disbarred former fixer. You know, this guy…

What do you think?

A Trump Derangement Test: Show This Story To Your Friends and Relatives and Note Which Ones Believe The President’s Secret “Daughter”

/ Jack Marshall / 4 Comments

Necla Ozmen, 55, who lives in Ankara, Turkey, has filed a paternity lawsuit claiming the President is her biological father and is demanding a DNA test to prove it. Her filing was immediately dismissed by the Turkish court, and she’s appealing.

Necla says she was born in 1970 and is officially registered as the daughter of Sati and Dursun Ozmen, the couple who raised her.  However, she claims she later learned she had been adopted. Her mother told her that she gave birth to a stillborn baby and that another woman giving birth at the same time, a US citizen Necla identifies only as Sophia, handed over her newborn to be raised and registered by the Ozmen family.

This resembles the plot of “The Omen.” Was Sophia a jackal, by any chance? If so, that means Necla is the Anti-Christ and Trump is The Beast! I knew it!

“Sophia,” Necla says, said that she was the result of an elicit relationship with Trump. The President’s alleged “daughter” wants the judges to establish her paternity and order genetic testing.  Necla has no idea how Trump and Sophia met. “I don’t want to cause him any trouble. I just want to know the truth,” she tells interviewers. “I just want to know whether he is my father. I would like him to speak with me. I can prove through a DNA test that he is my father, if he agrees. I believe he is a good father. I believe he will not turn me away either.” She has also sent petitions to the U.S. Embassy and to courts in the US.

Several of the news reports I have read say that the woman has an “uncanny” resemblance to Trump. Wow. They’re almost twins.

Hey…you know one of you reading out there might be Trump’s kid too. Can’t hurt to check it out! And if he’s not the father, why would Trump oppose a blood test?

I’m guessing that at least 30% of your Trump Deranged acquaintances will instantly accept this Turkish woman’s account as plausible, with a similar number calling it hypocrisy if you don’t after criticizing Hunter Biden’s denial of paternity of one of Joe Biden’s grandchildren.

What are the odds, now, of some Trump-hating judge in the U.S. granting Necla’s request? I’d say strong, and that’s why her lawyers are not unethical to press her claims.

As the wicket Witch of the West memorably said, “What a world, what a world…”

From Maryland, A “When Ethics Fails, The Law Steps In” Verdict

/ Jack Marshall / 4 Comments

I recently re-watched “Runaway Jury,” the ethically and legally repugnant film adaptation of a John Grisham legal thriller. It’s one of the most unethical movies extant, and before the last couple of years I would have said such egregious lawyer conduct as depicted in the film was unlikely to the point of impossible (as in most of Grisham’s books). The novel and movie involved a high-profile civil suit: the widow of a man murdered when a fired employee “goes postal” seeks to hold the manufacturer of the gun used by the killer liable for millions in damages. A pair of anti-gun zealots conspire to both rig the jury verdict and ruin the evil jury consultant (Gene Hackman) who helped defeat their home town in a similar case years before. In the end the “good guys” win (that is, Hollywood’s idea of “good”); I have mentioned the film before in the context irresponsible films and TV shows that actively misinform the public about a lawyer’s ethical responsibilities. Now comes a jury verdict from Maryland where a jury delivered a multi-million dollar verdict against Walmart for allowing an employee to buy a shotgun before he used it to blow his head off.

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Don Lemon Was Never A Real Journalist, and He Can’t Claim to Have Been One When He Invaded That Church

/ Jack Marshall / 13 Comments

Not to say I told you so, but I told you so: Ethics Alarms flagged Don Lemon as an unethical, biased, arrogant, preening disgrace as a journalist long before he was finally canned by CNN, and he has done nothing but live up to my assessment, indeed, show how restrained it was, since. See? I’m smart!

Over the weekend an anti-ICE mob stormed a church in St. Paul on the theory that one of the pastors was an ICE agent. I know, that makes no sense to me, either. They interrupted the service, chanting Renee Good’s name, “Hands up, don’t shoot” and other nonsense that had nothing to do with the service was shut down. Lemon was part of the mob.

The administration has been investigating the disruption at the church as a violation of the Face Act, a law that makes it a crime to physically obstruct or use threats of force to intimidate or interfere with a person seeking to participate in a service at a house of worship. It seems pretty clear that this is what the mob did, and that Lemon is as guilty and any of the thugs who did this.

Lemon filmed the event and claimed he was just there as a journalist. No, he’s an ex-journalist, as am I: I was on the staff of my high school newspaper. Lemon made his claim of being at the illegal intrusion as a reporter rather than a participant is weak, and made weaker by his comments on the podcast “I’ve Had It” with Jennifer Welch. “And there’s a certain degree of entitlement. I think people who are, you know, in the religious groups like that,” Lemon said. “It’s not the type of Christianity that I practice, but I think that they’re entitled and that that entitlement comes from a supremacy, white supremacy, and they think that this country was built for them, that it is a Christian country, when actually we left England because we wanted religious freedom. It’s religious freedom, but only if you’re a Christian and only if you’re a white male, pretty much.”

Doesn’t sound like he was in that church as an objective observer to me. Lemon is such an idiot. Listen to him in the clip above, implying that there is a Constitutional right to burst into a church, stop a service, and protest something that has nothing to do with the service or the parishioners at all.

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From Uvalde, The Message Is “Don’t Criminalize Incompetence and Cowardice”

/ Jack Marshall / 13 Comments

A deranged gunman massacred 21 people at Uvalde’s Robb Elementary three years ago. The murderer is dead and someone must be held accountable, so a former school police officer was tried for abandoning or endangering children. Adrian Gonzales (above, checking his phone like he probably did as the kids were being shot), the first officer to arrive at the school, faced 29 counts of abandoning or endangering children, 19 for the dead and 10 more for survivors. A jury found him not guilty yesterday. Soon the pretty clearly incompetent school former school police chief Pete Arredondo will face trial later on similar charges, and we should expect the same result.

One of Ethics Alarms’ encomiums is that when ethics fail, the law steps in and usually makes a mess of things. If people won’t do the right thing because it’s the right thing, making them do what the state says is the right thing because they’re afraid of being punished is a very poor substitute. Those following the law may not have any concept of what the right thing to do is.

The Uvalde prosecutions arise out of anger and frustration, and reasonably so. Emotions, however, are not reliable motives for law enforcement. The school’s police pretty clearly failed the children of Robb Elementary because Gonzales and Arredondo choked when an unexpected crisis required them to place themselves in harm’s way. As much as we find it disheartening, lack of courage in a crisis cannot be criminalized. These officers thought they had accepted a relatively low-stress job in a quiet community. They hadn’t dealt with a gun-wielding madman before. Sure, we’d like to know that a Dirty Harry is ready to let an active shooter “make his day,” but in the real world—and, I will say without more than my own assessment, increasingly a nation of weenies—that is probably not going to happen. Gonzales had received active shooter training and was also a co-instructor in such a course, but training, however, is one thing, and the a real gun-wielding killer is another.

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Unethical Quote of the Week: Lawyer Kimberley Hamm, Spinning For The Clintons

/ Jack Marshall / 6 Comments

“There’s an accommodation process when you’re talking about a President or a former President.Contempt is punitive; it’s not about enforcement. If you want to get the information, agreeing to accommodations is one way of getting it.”

—Kimberly Hamm, a partner at Morrison Foerster, after being cherry-picked by the New York Times to excuse Bill and Hillary Clinton for trying to defy a Congressional subpoena.

For some strange reason (I’m being facetious) Bill and Hillary Clinton seem to think that they are excused, unlike any other Americans (or, say, Michael Corleone) from obeying a subpoena to appear before a Congressional committee. Hamm, as we know how these things work, was tracked down as a putative objective “expert” by the Times to excuse the Clintons and impugn Republicans who are not inclined to accept their offensive and arrogant defiance, as Ethics Alarms highlighted last week.

There should be a “heightened standard” when it comes to a subpoena of a former President, Hamm said. Oh really? Show me your authority for that assertion, Counselor. But first show me where you made a similar statement about armed raids on former Presidents’ homes over disputes regarding classified documents.

What utter balderdash: “contempt is punitive and not about enforcement.” How dumb does this lawyer (and the Times) think we are? Punishment is always about enforcement. A law that has no penalty for its violations isn’t a law at all. You know, like immigration laws during the Biden Administration.

The Times reports that negotiations between Representative James Comer, the Republican chairman of the House Oversight Committee, and the slippery Clintons over their refusal to testify before his Committee in its Jeffrey Epstein investigation broke down today, “hours before a scheduled vote to hold the couple in contempt of Congress.” Read the whole thing if you like (gift link), but the basic facts are clear: the Clintons feel they have a special right to avoid being grilled in public, and they don’t.

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