Law & Law Enforcement

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

/ Jack Marshall / 46 Comments

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

On Trump, Otto Warmbier, Knowledge, Responsibility, And Making The Public Dumber

/ Jack Marshall / 47 Comments

And now, a brief note on ethics, leadership, and English comprehension….

President Trump did not say or imply that Kim Jong Un wasn’t responsible for the death of Otto Warmbier. Of course he’s responsible, just as President Trump is responsible for anything his government does. Ken Lay claimed that he didn’t know that his company was one big scam, and anything is possible, I guess. But as CEO, he was unquestionably responsible.

President Trump is getting clobbered on all sides for saying, regarding the late American student who was put in a coma by harsh treatment by North Korea, during Kim’s regime “He tells me he didn’t know about it, and I take him at his word.” Continue reading →

Unethical Tweet Of The Month: Rep. Matt Gaetz (R-Fla)

/ Jack Marshall / 21 Comments

To be fair, he’s not quite as unethical a lawyer as Michael Cohen, but then Cohen isn’t in Congress…

Hey @MichaelCohen212 – Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot…

Nice.

Gaetz sent this tweet before Cohen testified before Congress. It is witness intimidation. It is also stupid witness intimidation. Among other things, it gave Speaker Pelosi an opportunity to appear fair and responsible, by stating,

Goetz doubled down on his ham-handed “nice little family you got there; too bad if something were to happen to it…” threat by denying that he was witness tampering, telling a reporter that he was “witness testing.“

This jerk is a Florida lawyer, and his bar is now investigating whether he breached the ethics rules by threatening a witness. Of course he did, and he did it on Twitter, which makes it the dumbest example of witness tampering in history.

Observations On Michael Cohen

/ Jack Marshall / 31 Comments

Ew.

  • Michael Cohen was officially disbarred from the practice of law this week, though that result was so inevitable that it barely qualifies as news. He pleaded guilty in November to lying to Congress and evasion of income tax liability, and was sentenced in December to three years in prison and to pay $1 million dollars in restitution. Tha alone made disbarment unavoidable, but he would have been disbarred without his crimes because he taped his client without his client’s consent and revealed attorney-client confidences to try to mitigate the consequences of his own conduct.

His disbarment is backdated to November when he pleaded guilty. It should have been backdated to the day he was admitted to the bar.

  • Conservative critics are absolutely correct that for Congressional Democrats hold a hearing designed for no other purpose than to slime the President while he was engaged in crucial negotiations abroad shows where their priorities lie, and they are not with the United States of America. They want the President to fail in all things (which seems unnecessary, since they will represent his successes as failures anyway), and to undermine his ability to do his job.

There was no valid reason why Cohen’s useless testimony could not have been postponed until after the President’s summit with North Korea’s Kim. Continue reading →

CALLOO! CALLAY!

/ Jack Marshall / 21 Comments

I’m chortling in my joy because I FINALLY figured out how to navigate the Massachusetts efiling system sufficiently to get my reply appellee’s brief in just before the March 1 deadline. What is known at ProEthics as “The Stupid Lawsuit” has eaten up enough billable hours for me to buy a Lexus if anyone was paying me for it. Having this thing off my back is like having a 75 pound wart removed, not that I don’t expect a new assault eventually

This is, as loyal followers here know, the continuation of the frivolous defamation suit filed against me by a mad commenter who had his little boo-boo bruised by the rough and tumble here. I referred to him in metaphorical terms that weren’t very nice, but they weren’t defamatory either, and now that I have experienced the full vindictiveness of this guy, I realize that my terms were unnecessarily restrained. My return brief, however, was a model of respect and decorum, and also only 12 pages, five of which are mandatory boilerplate. His was seventy incoherent pages or something: I confess to not reading more than a few of them, using the rest to make little origami frogs. The gist was the judge who dismissed the suit in August was an unqualified fool whom I had hypnotized or otherwise turned into my lackey, and I…well, heck, let me get the thing out of my files and not recite it from memory…am a “craven, venal LIAR” who had displayed “toxic mendacity”, though “Orwellian psychosis may possibly overstate the case.” Continue reading →

Afternoon Ethics Warm-Up, 2/25/ 2019: Martina Navratilova A Gender Bigot? The Founding Fathers Nazis? Art Galleries Discriminating Against The Blind? WHAT’S HAPPENING?????

/ Jack Marshall / 79 Comments

It would be a good afternoon if EVERYTHING WASN’T SPINNING OUT OF CONTROL!!!!

1. For the record, it appears that Facebook blocking Ethics Alarms posts has cost the site about 30% of its traffic. Mission accomplished, Thought Control Activists!

For now…

2. Did I call this, or what? In  October of 2017 I wrote about another example of tyranny by the disabled, when the Philadelphia-based 3rd U.S. Circuit Court of Appeals gave Paul McGann, who can neither see not hear, a chance to show that movie theaters must provide him with a “tactile interpreter” under the ADA.

No word yet on how Paul is faring, but last October I wrote about yet another example, as described in the New York Times:

…Eight suits have been filed in federal court in Manhattan over the past two weeks, most recently against Hofstra University on Long Island on Oct. 4. In each case, lawyers for Emanuel Delacruz, who is blind, charged that the college’s website is inaccessible to their plaintiff and therefore in violation of the Americans With Disabilities Act.

The filings are part of a growing number of actions involving accessibility and the internet.….Since January 2015, at least 751 lawsuits have been filed over the issue. The vast majority have focused on retailers and restaurants, according to a legal blog that tracks such suits… another website, which includes not only lawsuits but also government investigations into web or technological accessibility, lists 37 schools that have been accused of noncompliance with disability law.

I wrote, in part,

Next? Law suits against art museums for not having audio descriptions of every work exhibited. Law suits against sports stadiums, alleging that the ADA mandates play-by-play being blasted from the ballpark speakers. Then, I suppose, lawsuits against the world for not making being blind a pleasure.

From the Times last week:

“On Dec. 13, a blind Manhattan resident named Henry Tucker filed federal lawsuits against 10 art galleries, saying their websites were not accessible to people who could not see. The galleries’ names included Adam Baumgold Fine Art, Adelson, Agora, Albertz Benda and Acquavella. The next day, Mr. Tucker and his attorneys moved on to the B’s.”

Continue reading →

Social Media Is Eyeball To Eyeball With Legal Ethics, And Guess Who Blinked First?

/ Jack Marshall / 4 Comments

Online consumer complaints about lawyers on sites like Avvo and Yelp have been driving lawyers crazy. The ethics rules on client confidentiality prohibit a lawyer from defending him (her) self online, because that requires revealing details of the representation. Two years ago, the Colorado Bar suspended a lawyer’s license d for six months after he responded to a negative online review and revealed that the complaining client had bounced a check and committed unrelated felonies. Lawyers are also generally prohibited from suing their clients for false statements about them in disciplinary complaints, but there have been exceptions. In Blake v. Giustibelli, the Fourth District Court of Appeal upheld a $350,000 libel judgement for a lawyer  against a divorcing couple who posted an online review that falsely accused the attorney of inflating fees and falsifying a contract.

Now Florida, one of the strictest jurisdiction regarding attorney ethics, has allowed a tiny crack in the wall. The Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” The Florida Bar says that  the increasing frequency of negative online reviews mandate some loosening of the rules. “An attorney is not ethically barred from responding to an online review by a former client where the former client’s matter has concluded,” the opinion states. “However, the duty of confidentiality prevents the attorney from disclosing confidential information about the prior representation absent the client’s informed consent or waiver of confidentiality.”

You can read more about the Bar Committee’s findings on the Florida Bar website here.

Saturday Ethics Warm-Up: “Important Ethics Stories That I Don’t Feel Like Writing A Lot About Or Am Thoroughly Disgusted With” Edition

/ Jack Marshall / 19 Comments

Happy Weekend!

I hope you’re not working the whole time, like I am. However, the Red Sox have their first Spring Training game, they are playing the Yankees, and all is serene.

1. Another one of Trump’s “best people” bites the dust, or should soon.   Judge Kenneth A. Marra of Federal District Court in West Palm Beach ruled that accused serial pedophile Jeffrey Epstein’s secret sweetheart plea deal agreed to by Labor Secretary Alexander Acosta when he was a federal prosecutor violated federal law.

The corrupt arrangement  protected the billionaire from serious jail time and also  protected his politically-connected  friends including, notably Bill Clinton, from accountability despite their visits to Epstein’s  infamous island resort via the so-called “Lolita Express,” the private plane where young girls allegedly provided sexual services to the passengers. Ick.

I wrote a post about this unfolding scandal here. At that time, last November, I wrote,

“I do not see how Acosta can remain as Secretary of Labor following these revelation, incomplete as they are. I don’t see how we can trust his judgment, and even if, somehow, he could justify the deal with Epstein on legal, technical or pragmatic grounds, I doubt that the general public would be reassured. He should resign.”

Hey, I beat Jonathan Turley by almost three months!

2. Is the media assault on Senator Amy Klobuchar (D-Minn.) for being an abusive boss legitimate? I have to say, it sure looks like it. The moderate Democratic Presidential hopeful might also be the target of a leftist news media that favors her more extreme competitors, but most Americans don’t know much about Klobuchar and can’t pronounce her name. The news media needs to introduce her, but it also shouldn’t poison the well. Conservatives, who don’t like her but like her a lot better than the likes of Senators Warren, Harris or Booker, are defending Klobuchar by arguing that she is being subjected to a double standard, since so many male officials past and present have been equally unpleasant. That’s just an “everybody does it” rationalization. There are good reasons to worry about the judgment and temperament of leaders who treat subordinates disrespectfully and cruelly, as in yesterday’s Times story about Klobuchar demanding that an aide clean her comb.

The problem is that the mainstream news media is not applying similar scrutiny, at least not yet, to similarly dubious candidates like Cory Booker and Kamala Harris.

3. Great. Just what we need.   “If Mueller is done, states could file their own charges — even against Trump,” says the Washington Post. So this is really the way it is: “the resistance” and its Democratic allies will continue to harass and obstruct the elected President forever, as their endless tantrum over losing the 2016 election. I have written that nothing could make me vote for someone with Donald Trump’s non-ethical approach to life as President, but I am beginning to think that only a Trump victory in 2020 will save the country from an endless cycle of partisan sabotage of Presidents, regardless of party, going forward. This unethical strategy has to fail, and fail hard. Continue reading →

Incompetent Elected Official Of The Month: Wyoming State Sen. Lynn Hutchings (R-Cheyenne)

/ Jack Marshall / 12 Comments

Why is she incompetent? Because, based on this statement in support of capital punishment, she’s a complete idiot, devoid of critical thinking skills, logical mental processes, and the sense God gave a toaster. I’m not speaking metaphorically here. Anyone who would make this argument would lose a game of Scrabble to a pork chop.

Senator Hutchings said, and I’m not making this up,

“The greatest man who ever lived died via the death penalty for you and me. I’m grateful to him for our future hope because of this. Governments were instituted to execute justice. If it wasn’t for Jesus dying via the death penalty, we would all have no hope.”

Oh! Then I’m convinced! Why didn’t I think of that?

Does this mean that because arguably the greatest American, Abraham Lincoln, was assassinated, we should support assassination? Never mind, if I get started, my head will explode. Hutchings manages to make Christians, Republicans and Wyoming citizens seem too dumb to live, in three sentences.

Cheyenne citizens actually elected this dolt to represent them.

I don’t want to think about this one any more.