Law & Law Enforcement

More Dark Thoughts: How Do You Make This A More Ethical Society If Our Institutions Encourage The Opposite Of Ethics?

/ Jack Marshall / 11 Comments

If I’ve learned one thing from writing this blog, it’s that I have no ability to make what I believe are the most important posts the most read. I regard this post, from yesterday, an important post, and the story an important ethics story, though it is being handled as trivia by the non-local news media. Here’s another one that shows that frighteningly few commentators are sensitive to what the real ethical issues are in current events.

The headline says it all… “San Antonio leaders, residents outraged after former mayor Lila Cockrell isn’t allowed to vote.” Continue reading →

Sunday Morning Ethics Warm-Up, 6/2/2019: Dark Thoughts And Good Reasons For Them

/ Jack Marshall / 12 Comments

Looking forward to the ethical week ahead, certain that I’ll be disappointed, and bitterly, based on last week…

<Sigh>

1. The Ethicist’s Dilemma. I’m preparing for a couple of legal ethics CLE seminars for government lawyers, and raised  an ethical dilemma facing me to my sister. The last time I included government lawyer ethics issues related to the multiple controversies in the Mueller investigation, the FISA process, and the Michael Cohen clown act, I received several critical evaluations that were entirely partisan and political. And, in the session itself, there were a couple of participants obviously set at “hair-trigger” to register accusations and objections that any criticism–based on pure legal ethics analysis on my part—that found fault with the lawyers involved revealed me as a dreaded “Trump supporter.” I asked my sister, who is a retired government lawyer with extensive Justice Department experience, if I should nonetheless cover such issues as Robert Mueller flagrantly violating Rule 3.8 of the D.C, Rules with his public statement last week,  or what a White House Counsel’s ethical obligations are regarding communications from the President (since the “who is the client?” complexities of that role continue to confound legal ethics experts, my position is that the WHC has an ethical obligation to make it crystal clear to any President when he is covered by attorney-client privilege and when he is not, to cite one example.)

Her depressing advice: Don’t touch any of it. People, even lawyers, are not capable of keeping their emotions and political passions under control these days, she said. No matter how accurate and fair your analysis is, she emphasized, you risk allowing these hot-button issues to derail the seminar and even harm your professional reputation.

Yet I believe that I have an obligation to cover these issues. I also have a lifetime bias for doing what people tell me will be disastrous when I am convinced that it is the right thing to do. Then my father’s voice comes out of the mists of time, reciting his favorite fake obituary, a ditty about sailing:

This is a story of John O’Day
Who died maintaining his right of way
He was right, dead right, as he sailed along
But he’s just as dead as if he were wrong.
I’m thinking.

Continue reading →

Eugene Robinson Provides The Ultimate Impeachment Bias And Ignorance Exhibit. Thanks, Eugene!

/ Jack Marshall / 7 Comments

The Washington Post’s long-time Pulitzer Prize winning mediocrity, Eugene Robinson, actually enticed me into reading one of his Left-pandering columns with the click-bait title, “If Trump doesn’t warrant impeachment, who does?” I was genuinely curious to see if Robinson had found a real justification for impeaching the President other than some selections out of the Ethics Alarms Get Rid Of Trump Plan list, which now stretched from A to Q. Just so we are all on the same page, here is the current list:

Plan A: Reverse the election by hijacking the Electoral College

Plan B: Pre-emptive impeachment.

Plan C : The Emoluments Clause.

Plan D: “Collusion with Russia”

Plan E : ”Trump is mentally ill so this should trigger the 25th Amendment.”

Plan F: The Maxine Waters Plan, which  is to just impeach the President as soon as Democrats control both Houses, because they can.

Plan G : “The President obstructed justice by firing incompetent subordinates, and that’s impeachable.”

Plan H: “Tweeting stupid stuff is impeachable”

Plan I:  “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps and does something really impeachable.”

Plan J : Force Trump’s resignation based on alleged sexual misconduct that predated his candidacy. .

Plan K: Election law violations in pay-offs of old sex-partners

Plan L: The perjury trap: get Trump to testify under oath, then prove something he said was a lie. [

Plan M: Guilt by association. Prove close associates or family members violated laws.

Plan N: Claim that Trump’s comments at his press conference with Putin were “treasonous.”

Plan O:: The Mueller investigation  report is  justification for impeachment even though the investigation found no evidence of crimes or misconduct that could sustain an ethical prosecution.

Plan P: Trump should be impeached because he’s daring the House Democrats to impeach him.

Plan Q:  Impeach Trump to have an unquestionable right to acquire his tax returns, on the assumption that the returns will justify impeachment.

If these seem progressively more desperate to you, there’s a reason: they are, particularly the last three, which emerged after the Mueller investigation failed to accomplish what it was set up to do.

So how do Eugene Robinson’s overwhelming justifications for impeachment stack up? He writes,

Obstruct a Justice Department investigation, perhaps? No, apparently that’s not enough. What about playing footsie with a hostile foreign power? Abusing his office to settle personal grievances? Using instruments of the state, including the justice system, to attack his perceived political opponents? Aligning the nation with murderous foreign dictators while forsaking democracy and human rights? Violating campaign-finance laws with disguised hush-money payments to alleged paramours? Giving aid and comfort to neo-Nazis and white supremacists? Defying requests and subpoenas from congressional committees charged with oversight? Refusing to protect our electoral system from malign foreign interference? Cruelly ripping young children away from their asylum-seeking parents? Lying constantly and shamelessly to the American people, to the point where not a single word he says or writes can be believed? President Trump has done all of this and more.

The last sentence is a tell, of course. It tells us that Robinson is just mouthing the Maxine Waters impeachment argument: Trump should be impeached because everything about Trump drives Democrats, progressives and their allies crazy….in short, “Orange Man Bad!” But let’s examine the reasons Robinson enumerates:

  • Obstruct a Justice Department investigation.

It’s so nice of Eugene to destroy his credibility up front like this.  Reviewing the (weak) evidence that the Mueller investigation suggested might support a charge of obstructing justice, the official responsible for making the determination concluded that there was no obstruction. Even Mueller, in his unethical and Justice policy defying statement, didn’t say the President obstructed an investigation, He said that the investigation didn’t prove he didn’t obstruct it, which is legally meaningless. So we also know Robinson isn’t a lawyer.

  • Playing footsie with a hostile foreign power

This is so stupid it doesn’t deserve rebuttal. So we have moved on from the “collusion” fake crime to the even more ephemeral “playing footsie” standard? Huh. Would Obama’s infamous “more flexibility” comment to Putin caught on camera be considered “footsie”?

  • Abusing his office to settle personal grievances

Another made up offense.

  • Using instruments of the state, including the justice system, to attack his perceived political opponents?

Eugene’s link to support this false assertion is a typical Trump attack Atlantic article that claims such conduct as accusing the Justice Department of behaving unethically (which evidence increasingly shows it did) and appointing an acting Attorney General who was critical of the Mueller investigation somehow meets Robinson’s hyperbolic description.  The article also asserts that Trump wanting Hillary Clinton and James Comey to be prosecuted is an abuse of power.

  • Aligning the nation with murderous foreign dictators while forsaking democracy and human rights.

Oh, for God’s sake. It’s called foreign policy and utilitarian trade-offs, you imbecile. It would be impossible to name a President who did not do this. We can argue about when it is a prudent course,  but what a self-evidently silly statement. Obama reached out to Cuba and opened diplomatic relations without insisting on any human rights reforms at all. Was that impeachable. Eugene?

  • Violating campaign-finance laws with disguised hush-money payments to alleged paramours.

See Plan K. This is a tortured election law violation theory that will not hold water. Worse, it depends on the testimony of the Most Unethical And Unbelievable Lawyer Alive, Michel Cohen.

  • Giving aid and comfort to neo-Nazis and white supremacists?

One of the “resistance’s” Big Lies.

  • Defying requests and subpoenas from congressional committees charged with oversight.

And in the process of abusing that oversight. “Defying a request” is impeachable, eh, Eugene? The President has the same right to challenge the validity of a subpoena as anyone else, as well as a duty to protect his office and the Separation of Powers. Until the issue has been adjudicated, there is nothing improper or illegal with telling Congress to take a hike.

  • Refusing to protect our electoral system from malign foreign interference?

What? WHAT?  The 2016 election was under Obama’s watch. Does Robinson know which President he is talking about?

  • Cruelly ripping young children away from their asylum-seeking parents?

So now it’s just “resistance” talking points, is it? The President cannot be impeached for legal policies executed by executive agencies, particularly policies that were mandatory under the law, even more particularly policy that the previous administration followed as well.  For “asylum-seeking parents” read “illegal immigrants endangering their children to breach U.S. borders.”

  • Lying constantly and shamelessly to the American people, to the point where not a single word he says or writes can be believed.

More talking points and narratives. All of President Trump’s exaggerations, botched facts, misrepresentations and mistakes rolled up into one ugly ball would still not equal the dishonesty and the damage done by Barack Obama’s signature lie to sneak the Affordable Care Act by the gullible public. And no, that wasn’t impeachable, just despicable.

The answer to Robinson’s headline question, “If Trump doesn’t warrant impeachment, who does?” is this:

A President who has actually engaged in conduct the Constitution says is impeachable. As Robinson’s weak and ignorant case shows vividly, President Trump hasn’t.

Morning Ethics Warm-Up, 5/31/19: Confirmation, Computers, Clinton, Cruz, And Comments

/ Jack Marshall / 31 Comments

Good morning.

Trying to get used to my new computer, Microsoft 10, files I can’t find and many other things. Everything is going sloooooowly. Be merciful.

1. More on the Martin Luther King revelations. Yesterday I wrote about King biographer David Garrow’s article revealing the some disturbing and previously unrevealed results of the  FBI’s (illegal) surveillance of Martin Luther King. Predictably, Garrow is under fire for daring to sully an icon’s reputation, and because the source of the material is Hoover’s attempt to undermine King, that is the mode of attack. Garrow won a Pulitzer Prize for “Bearing the Cross,” his 1986 biography of King, and has said in the past  that FBI files should be treated with skepticism. However, he is obviously so disturbed at the new revelations that were inadvertently released that he is performing what he sees as his duty as a historian. He told the Washington Post that the summaries made by FBI agents who were spying on King are accurate, noting that different types of records warrant different levels of trust in their accuracy. The files claiming King was communist, he said,  “are coming literally third- or fourth-hand from a human informant,”so their accuracy is “highly dubious…But with the electronic surveillance records, those are very highly reliable, other than when the FBI can’t understand who’s talking.”

Confirmation bias is the key here. Garrow has none that I can see: his reputation is at risk if he is wrong, and he was an admirer of King, though not blind to his previously known flaws, like his epic infidelity. So far, the reflex deniers of Garrow’s conclusion all appear to be “keepers of the flame,” or at least invested in keeping King’s reputation intact.

It is encouraging to see the Post, which apparently refused to publish Garrow’s article,  covering the story. Most media sources are not, and that is signature significance. Many of the same sources have assumed that Donald Trump engaged in wilful sexual assault based solely on his recorded hyperbolic boasts to Billy Bush. The integrity of journalism in the U.S. could not be at lower tide.

In my case, I know enough about history and the important figures who stroll, dash and charge through it not to be surprised when any of them are revealed to have engaged in objectively horrible conduct at various points in their lives. Given King’s documented sexual appetites and epic infidelities, the likelihood that he was a sexual predator is strong. Again, my position is that King’s personal, even criminal conduct shouldn’t affect the assessment of or national gratitude for his public achievements at all. This isn’t the “personal conduct” dodge that Bill Clinton’s enablers used: his conduct with Lewinski and others was related to his job, his position, and in fact occurred in his office. That’s professional, workplace conduct, not personal.

I assume this will be another story inconvenient to the news media’s favorite causes,  that journalists and editors will attempt to bury, muddy, and minimize. Yes, and anyone who attempts to raise it, analyze it and verify it will be tarred as a racist. Perhaps I am naive and optimistic, but I don’t think that will work here. Just as eventually we had to face the truth about Thomas Jefferson and Bill Cosby, even those who want to deify King will have to deal with his private character, and decide whether they really want his statues and memorials, street signs and holiday, to come down.

Of course, there will be some good people on both sides of the argument. Continue reading →

Lunchtime Ethics Warm-Up, 5/30/2019: Bye! Go For It! And Who Cares?

/ Jack Marshall / 24 Comments

A yucky ethics meal.

(Sorry)

1. Why is this worthy of being published? Here’s a long Washington Post writer whine that he ““doesn’t recognize”the U.S. any more, and wants to run off and hide someplace better. Why is this any more useful and enlightening  than the rant of some wacko who has decided that human beings have been replaced by pod people, or that we’re really all lying dormant in a Matrix-like sleep? The article is just free-flowing Left-wing bitching and Trump hate that could have been written by any one of thousands of resistance fanatics in the last three years.

Why should anyone care or be enlightened that Ted Gap, whoever he is, regards the U.S. as a viper pit of  “xenophobia” (aka “enforcing the law and protecting the borders”), “its saber-rattling” (aka “foreign affairs”), “its theocratic leanings” (known as “religion”), “its denial of facts and science” (code for “not being willing to spend trillions and send the standard of  living and the economy backwards based on unconfirmed theories and projections”), “its tribalism” (I suspect Ted means the “tribes” he doesn’t personally favor), and “its petty and boorish president” (so if Ted’s candidate loses an election, it means that it’s not the U.S. any more. Got it. Typical “resistance” member.) Continue reading →

Robert Mueller’s Bizarre And Unethical Public Statement

/ Jack Marshall / 50 Comments

There have already been comments on Ethics Alarms regarding Robert Mueller’s surprise public statement to, I assumed, clarify some things being muddled in the political grandstanding and media mush. Frankly, I am not certian what  he thought he was doing, but my suspicions aren’t pretty. The statement was either unethical, or incoherent. Just so we are on the same page, here is the full statement. I’ll be back at the end… Continue reading →

Morning Ethics Warm-Up, 5/29/2019: “It Depends On What The Meaning Of _____ Is” Edition

/ Jack Marshall / 23 Comments

And as May sinks slowly into the west, we wave farewell…

(All in all, it’s been a discouraging month on the ethics front, and I will not be sorry to see it go.)

1. I just unfriended someone for political reasons, which I never have done before. Not because of what the guy’s stated beliefs are, because I emphatically and unalterably hold that ethical adults should be able to resist cognitive dissonance and maintain good relationships with those whom they believe are obviously, tragically, dangerous wrong about anything from baseball to abortion, but because he demands one-way dialogues.

He wrote me requesting that I not challenge his posts or the assertions of his seal-like followers, yet routinely comments on my page, and his many dubious positions pop up on my feed routinely. Essentially he wants me to be complicit in his enabling the largely Leftist bubble that Facebook has evolved into, and to allow people to cheer on illogical and biased posts without having to defend their barely-thought out screeds.

To hell with that.

2.  What a surprise! From Jezebel:

“…Biden still seems unable to keep his hands to himself.Indeed, at an American Federation of Teachers town hall in Houston on Tuesday night (where he unrolled a pretty decent education plan, to be fair) Biden pulled out another Classic Biden Move, per Washington Post reporter Felicia Sonmez .“In a somewhat odd moment at tonight’s AFT town hall, Biden tells a 10-year-old girl, ‘I’ll bet you’re as bright as you are good-looking,’” she tweeted. “He takes her over to the assembled reporters, then stands behind her and puts his hands on her shoulders while he’s talking.”

To anyone who believed that Biden had instantly reformed from a career- and life-long addiction to touching, hugging, sniffing, and otherwise behaving disrespectfully, presumptuously and assaultively to women and, ick, young girls, a) I told you so, and b) you’re too gullible to go through life without a keeper.

Is the feminist-dominated Democratic Party really going to let this creep represent it in the 2020 elections? I find that impossible to believe, polls notwithstanding, but maybe I’m giving Democrats credit for integrity that they long ago proved the party no longer values or possesses. Continue reading →

Ethics Quote Of The Month: Ann Althouse

/ Jack Marshall / 14 Comments

“I do think that the argument can be made that the case law establishes that there is one and only one reason that must be the reason for there to be a constitutional right to an abortion (other than to protect her own life or health): The woman must actually believe that what she is destroying is not a person.”

—-Blogger/retired law professor Ann Althouse, commenting on today’s SCOTUS decision in Box v. Planned Parenthood of Indiana and Kentucky.

The Supreme Court  rendered a split decision on Indiana’s contested abortion law. The Justices upheld  part of Indiana’s 2016 law placing  restrictions on the disposal of fetal remains after an abortion, but left the  part of the law overturned that would have prohibited women from choosing the procedure after of a diagnosis or “potential diagnosis” of Down syndrome,  “any other disability,” or because of the fetus’s gender or race.

Justice Thomas wrote a dissent taking issue with the latter, writing in part, Continue reading →

And This Is Why We Have No Trustworthy News Media: The Phantom Somali Hammer Attack.

/ Jack Marshall / 11 Comments

A week ago, conservative writer Matt Vespa wrote,

There’s media silence in Minneapolis over an attack executed by a group of Somali teens that reportedly attacked bystanders East Bank Light Rail station last Friday. It looks like it was racially motivated. According to reports, anyone who was white or looked like they had money was targeted. The teens used hammers and bars as weapons. … [T]here’s been literally no media coverage of this attack. The only outlet to even mention or ask about it was the crime watch site “2ndPrecinct  Minneapolis Crime Watch and Information. They posted on their Facebook page to note that this attack did happen and that “We were told that we were the ONLY media to inquire to MPD about it. Further proof of our “incurious” local lamestream media”

Several conservative sites, including the frequently dubious Red State and the Granddaddy of Them All, Instapundit, passed on the story in the same vein, hinting darkly that the news media was burying this story because it evoked Muslim-on-white “hate crime”, and because the Left is circling the wagons around besieged Somali immigrant, Rep. Ilhan Omar (D-MN).

The episode began with a police call, in  a police dispatcher states:

“[University of Minnesota Police Department] is asking for assistance from Metro Transit [Police] and Minneapolis [Police] for a group of eight to 10 males at the East Bank light rail station chasing people around with hammers. They do have some people injured. They’re sending us more information, but they’re requesting assistance.”

The rest of the story seems to have been based on an alleged eye-witness report posted on Facebook  by“Jay Hall,” who  wrote “… It was a group of Somali young males with hammers and bars. They were attacking anyone who looked like they had money or were white.”

However, by the time the episode had played out, police were describing it like this in the  report on the incident,:

Around 9.45 p.m. on Saturday 17 May, UMN police officers were dispatched to the East Bank train station on Washington Avenue Southeast, next to the University of Minnesota, after receiving reports of a group of Somali youths with weapons.

Officer Amanda Carlson:

“Upon arrival to the East Bank LRT I saw a group of Somali juveniles running away from officers traveling westbound on Washington Ave SE and turn southbound between Moos Tower and [the] Molecular and Cellular Biology building. I ran after them and heard officers yelling at the juveniles to stop. I turned onto Delaware St SE where officers had several Somali juveniles lying prone with their arms spread out. I placed a male….in handcuffs and performed a search incident to arrest. All other parties were placed in handcuffs and detained by other officers that had arrived on scene…Through further investigation, it was found that …[they were] the two individuals brandishing metal pipes towards others on the light rail platform. Dispatch sent recorded images of the incident on the East Bank LTR which showed [them] holding a metal pipe and handing it to [each other] [They] were placed in the rear of a squad car and transported to UMPD by Officer Brackett….All other parties that had fled on foot and were detained were ultimately released from police custody at the scene. I issued a citation … for disorderly conduct as he engaged in offensive, abusive, boisterous and noisy conduct tending to arouse alarm, flee police as he attempted to evade or elude peace officers, who were acting in the lawful discharge of official duty, by means of running, and false information to police as he provided a fictitious name and false date of birth.”

Carlson further wrote that two metal pipes were taken from the two young men who received the citations. Continue reading →

Morning Ethics Warm-Up, 5/28/2019: I See Stupid People…Also Unethical People, “Best People,” Short People, And Wise People

/ Jack Marshall / 26 Comments

Good Morning!

Ah! After a long, long weekend, I feel wefweshed!

1. “The best people,” (cont.):  Ugh.

a) From the Wall Street Journal:

“Transportation Secretary Elaine Chao has retained shares in a construction-materials company more than a year after the date she promised to relinquish them.Shares of the company, Vulcan Materials Co. , the country’s largest supplier of the crushed stone, sand and gravel used in road-paving and building, have risen nearly 13% since April 2018, the month in which Ms. Chao said she would be cashed out of the stock, netting her a more than $40,000 gain.”

I have a personal bias against Chao, which I have described before, so I’ll just leave this as a res ipsa loquitur item. Her husband, of course, is GOP Senate leader Mitch McConnell.

b) I would rank Chao as more palatable than this hack, however, who should be fired outright, and kicked on her way out the door.

In an apparent attempt to show that Dr. Ben Carson, HUD Secretary because he is black and was nice to Donald Trump during the GOP debates, is NOT the most unqualified official at his department,  HUD regional administrator Lynne Patton defended Carson’s cringingly inept recent performance (“Is there any other kind?” Jack Nicholson’s Colonel Jessup  might ask) before Congress  by retweeting a message praising Dr. Ben while mocking Alexandria Ocasio-Cortez. Then she  took to Facebook to say  that her comment “may be a Hatch violation. It may not be. Either way, I honestly don’t care anymore.”

Nice. A government official who announces publicly that she doesn’t care if she violates the law! Then she responded to criticism of that post with a classy tweet that said, “What part about “I don’t give a shit” don’t you understand? “

“The best people.” You could throw a rock into a crowd and have a good chance of finding better people for government service than Patton. If you are keeping score, the ethics breaches here are all six “Pillars of Character”— Trustworthiness, Responsibility, Fairness, Respect, Caring and Citizenship, distributed among Patton, HUD, and the President. You can’t do much worse. Continue reading →