Law & Law Enforcement

Afternoon Ethics Warm-Up, 2/22/19: Irony, Absentee, And General Lee

/ Jack Marshall / 23 Comments

Good evening, Ethics Lovers!

Those of you who are older than me will recall that Spike Jones used to call his audience “music lovers.” I have strived to be the Spike Jones of ethics.

1. Oh, you know you want it: today’s Jussie Smollett ethics items!

  • Do we really have to say “alleged” when talking about Smollett’s hoax? Well, we you have to say “alleged” about every fact about someone that has not been the object of a jury trial? The use of “alleged” has to do with formal guilt, not opinion or unavoidable conclusions. Yes, responsible journalism ethics requires “alleged” is such situations as Smollett’s, indeed various ethics codes state this in black and white. But “we” are not journalists, and “we” have eyes, ears and brains. This isn’t a case, as with the accustaions against Brett Kavanaugh, where there is an unsupported, unsubstantiated allegation: that’s “alleged” by definition. This isn’t: with the exception of the fact that Smollett refuses to admit what he did, the evidence is overwhelming, and his original story makes less sense the more you think about it.

It’s OK to say he did it.

  • Here’s Jussie’s lawyers’ statement from yesterday. Beginning by claiming that we had witnessed “an organized law enforcement spectacle that has no place in the American legal system,” Smollett’s legal team said,

“The presumption of innocence, a bedrock in the search for justice, was trampled upon at the expense of Mr. Smollett and notably, on the eve of a Mayoral election. Mr. Smollett is a young man of impeccable character and integrity who fiercely and solemnly maintains his innocence betrayed by a system that apparently wants to skip due process and proceed directly to sentencing.”

Observations: 1) The police statement yesterday was indeed excessive. This kind of angry denunciation of anyone accused of a crime taints the jury pool. Prosecutors have been disciplined for making public statements like that. 2) Calling Smollett a man of impeccable character is giggle-inducing, but not a lie. If the lawyer thinks that, he can say it, and nobody can prove he’s lying. 3) Ah! The lawyer says that Smollett maintains his innocence, and not that Smollett IS innocent. That’s how lawyers are supposed to phrase it in such circumstances.

  • From the “bias makes you bat-shit crazy” files: The Daily Caller tracked down Jussie’s anti-Trump tweets, which hint at a motive for claiming that racist and homophobic Trump supporters roughed him up. Here are a few…

“Trump stole a presidency. White supremacist cabinet. Syrians being exterminated. Tell DC 2 get real criminals & let the kid smoke her damn j”… “Get that dude out of office as president…”…”Pathetic excuse by U.S.”President” to show no condolence & further sell/spew/spit his white supremest, xenophobic, racism as fact. GTFOH”…”Shut the hell up you bitch ass nigga. You will continue to run this country further into the ground and risk lives every time you breathe. You’re not the president. Just a dumpster full of hate. FOH. Sick to my stomach that literal shit currently represents America to the world.”

Nice. Fox, which features “Empire,” apparently allowed a star to spout hate like this on social media assuming that fans of the show loved the Trump Hate. The tweet that will haint Jussie, I suspect, is this one, from 2016:

“The Trump way of campaigning… Take a pile of bullshit lies, sprinkle a drop of truth on top & call it “FACT”. I pray we aren’t this dumb”

How ironic! Continue reading →

Morning Ethics Warm-Up, 2/21/2019: Smollett And His Friends

/ Jack Marshall / 50 Comments

Good Morning.

(Be honest: how many of you once thought this song was sung by The Beatles?)

1. Jussie Smollett hoax notes:

  • The actor is in custody, is being charged, and the Chicago’s Police Superintendent just gave a withering speech condemning him, asking rhetorically what kind of black man uses a noose as a prop for a false hate crime accusation. It also appears that Smollett had previously sent himself a fake hate crime letter.

Has Smollett wrapped up “Asshole of the Year”? Only in the Hollywood Division, would be my guess, but the year is young.

  • Speaking of contenders, stop making me defend Adam Schiff. The House’s #1 Trump-Hunter deleted this tweet…

Now he’s being criticized by conservatives for trying to send his embarrassing embrace of Smollett’s facially absurd story “down the memory hole.” I don’t blame anyone for deleting stupid social media posts, especially public figures. Why give your enemies a graphic club to bash you with…forever? Of course, a public statement that he was wrong, rash and inflammatory would be appropriate, but this is Adam Schiff we’re talking about. Watch him spin when the Mueller report turns out to be a dud.

  • Here’s part of a Boston Herald editorial:

As Jussie Smollett’s account of his alleged assault falls apart, it is important to note that politicians, the media and influential voices did their best to fan the flames of outrage, based on nothing but the dark premise that conservatives and Trump supporters are evil….It was a flimsy yarn from the outset, which only became more precarious with each passing day. That didn’t stop those most deeply invested in the narrative of Evil Trump to jump into action.

Presidential hopefuls Cory Booker and Kamala Harris each labeled the supposed attack a “modern-day lynching,” with Harris adding that, “We must confront this hate.” Kirsten Gillibrand tweeted, “This is a sickening and outrageous attack, and horribly, it’s the latest of too many hate crimes against LGBTQ people and people of color. We are all responsible for condemning this behavior and every person who enables or normalizes it …” Joe Biden tweeted, “What happened today to @JussieSmollett must never be tolerated in this country. We must stand up and demand that we no longer give this hate safe harbor; that homophobia and racism have no place on our streets or in our hearts. We are with you, Jussie.”…freshman congressman, Rashida Tlaib, tweeted, “The dangerous lies spewing from the right wing is killing & hurting our people.”

… Hollywood notables also reacted as expected. Director Rob Reiner tweeted, “The horrific attack on Jussie Smollett has no place in a decent human loving society. Homophobia existed before Trump, but there is no question that since he has injected his hatred into the American bloodstream, we are less decent, less human, & less loving. No intolerance! No DT!”

The media has comported itself badly as well. Almost immediately after getting the Covington Catholic story so wrong, many in the news industry immediately accepted the Smollett story as true…. a Washington Post writer named Nana Efua Mumford wrote this: “If Smollett’s story is found to be untrue … The incident would be touted as proof that there is a leftist conspiracy to cast Trump supporters as violent, murderous racists. It would be the very embodiment of ‘fake news.’ And that reason, more than any other, is why I need this story to be true.”

In other words, Trump supporters are violent, murderous racists. That dark premise is a lie, fake news and untrue. Let us hope one half of the country can correct their horrifically jaded view of the other half before we lose ourselves.

Continue reading →

Sunday Ethics Warm-Up, 2/17/2019: Best People, Worst Candidates, Noisiest Spectators, Battiest Activists

/ Jack Marshall / 28 Comments

This where Clarence Darrow and I are headed…

Weekend Greetings from Ethics Alarms!

1. I’m on the way to New Brunswick, New Jersey for a President’s Day legal ethics CLE seminar for the New Jersey Bar. This is my Darrow program, and my long-time Clarence (18 years!), Paul Morella, is unavailable, so taking on the role will be Bruce Rauscher, who received a Helen Hayes nomination (that’s the D.C. Tonys) for playing the prosecutor in my production of “The Andersonville Trial.” Like so many expert prosecutors, Bruce is now moving over to the defense because the money is better.

2. KABOOM! Ann Althouse found this disturbing dead canary in the mine: over 10 thousand people online thought the cartoon below was racist:

Althouse seems to miss the significance of this: she asks if anyone “gets” humor any more. That’s not what’s going on here. A stunning number of people really believe that voting—or hiring, or admitting college applicants—on the basis of merit is racist. This belief itself is racist, as well as destructive, illogical and batty, but that’s what culture will do to you eventually, if you don’t have a strong foundation of ethical values and critical thinking skills.

How can you argue with someone who “thinks” like this? Are they beyond hope?

3.  More Warren The Demagogue. I was going to let this go, because so many Democrats are embarrassing themselves of late and I don’t want to give more ammunition to those who accuse me of right wing bias. But Professor Turley flagged this blatant example of Senator Warren’s demoagoguery and his reaction was identical to mine, so I’ll let him take over:
Continue reading →

Ethics Observations On The Jussie Smollett Hoax

/ Jack Marshall / 66 Comments

Lookin’ mighty smug there, Jussie…

Or, “How’s that ‘believe all victims’ stuff working for you’?”

Last night, the ugly truth of what many had suspected was confirmed. One of the few benefits of CNN assiduously burying stories that reflect poorly on the Left, “the resistance,” progressives and their allies is that when it does report such a story, you can probably believe it…unlike, say, its speculation about the Mueller investigation. Here is the substance of the CNN report:

Two law enforcement sources with knowledge of the investigation tell CNN that Chicago Police believe actor Jussie Smollet paid two men to orchestrate an assault on him that he reported late last month. The men, who are brothers, were arrested Wednesday but released without charges Friday after Chicago police cited the discovery of “new evidence.”The sources told CNN the two men are now cooperating fully with law enforcement.

Smollett told authorities he was attacked early January 29 by two men who were “yelling out racial and homophobic slurs.” He said one attacker put a rope around his neck and poured an unknown chemical substance on him. The sources told CNN there are records that show the two brothers purchased the rope found around Smollett’s neck at a hardware store in Chicago….Smollett identifies as gay and since 2015 has played the gay character of Jamal on the Fox TV drama “Empire.”…According to Chicago Police spokesman Anthony Guglielmi, the actor told detectives he was attacked by two men near the lower entrance of a Loews hotel in Chicago. Police were told the two men yelled “‘Empire’ faggot” and “‘Empire’ nigger'” while striking him.

…One of the men has appeared on “Empire,” Guglielmi said. A police source also told CNN on Friday night that the men had a previous affiliation with Smollett, but did not provide additional details.

Following the alleged attack, Smollett’s colleagues and fans rallied around him, expressing shock and sadness. “We have to love each other regardless of what sexual orientation we are because it shows that we are united on a united front,” Lee Daniels, the creator of “Empire,” said in a video posted to his Instagram page on January 29. “And no racist fuck can come in and do the things that they did to you. Hold your head up, Jussie. I’m with you.” Smollett gave his first detailed account of what he says was a hate crime against him, and the aftermath, in an interview with ABC’s “Good Morning America” that aired Thursday. During the interview he expressed frustration at not being believed.
“It feels like if I had said it was a Muslim or a Mexican or someone black I feel like the doubters would have supported me a lot much more,” Smollett said. “And that says a lot about the place where we are as a country right now.”

Got that last part? That’s the coded and not so subtle “this is all because Donald Trump is a racist and bigot” message, making it a catalyst for the Big Lie.

Observations: Continue reading →

Saturday Ethics Warm-Up, 2/16/2019: The King’s Pass And Kool-Aid

/ Jack Marshall / 22 Comments

Good morning…

1. A literal “King’s Pass”! The King’s Pass, #11 on the Ethic Alarms rationalization list, was acted out with perfection in Great Britain, where Prince Philip, despite causing an automobile accident that injured another driver, was not charged or ticketed by authorities. The nonagenarian royal has been persuaded to surrender his driving license, however.

2. Politics do not belong in the sports pages...but don’t tell the New York Times. In another King’s Pass-related story,“Patriarch’s Racist Emails Stagger Cubs Owners” (the print version), in which the Times subtly lobbies for the Chicago Cubs and Major League Baseball to take punitive action against Joe Ricketts, the billionaire whose family owns the team, we had the following statements…

  • “The false assertion that Obama, who identifies as Protestant, was Muslim and born outside the United States were prevalent in right-wing politics during his presidency.” This is just false. The birthers were a radical fringe of the conservative opposition to Obama, and that weak conspiracy theory was never “prevalent.” Nor can the birther claims be fairly called “racist,” though certainly many of their adherents were racist. Among the “racist” sentiments attributed to Ricketts in the article were “we cannot ever let Islam become a large part of our society.”  At worst that’s religious bigotry, not racism. At best it’s a defensible point of view.

In fact, I tend to agree with it, and the experience of Western Europe supports the position.

  • The article approvingly cites the mandatory grovel by Tom Ricketts, chairman of the Cubs, who denounced his father’s emails in a statement, saying, “We are aware of the racially insensitive emails in my father’s account that were published by an online media outlet. Let me be clear: The language and views expressed in those emails have no place in our society.”

Let me be clear: any language and all views have a place in a society founded on the principles of freedom of thought and expression. The casual and routine endorsement of thought-crime and censorship by the mainstream news media (and academia) is far more alarming than any private emails by an elderly billionaire. Continue reading →

Kamala Harris Ethics Week Continues With An Unethical Quote Of The Month!

/ Jack Marshall / 24 Comments

“Listen, I think it gives a lot of people joy. And we need more joy.”

—Senator Kamala Harris (D-Ca), giving a wildly irresponsible answer to a question about the legalization of pot.

Ethics Alarms is on record, now and forever, as opposing the legalization of marijuana as an inevitable societal disaster on many fronts, but there are arguably legitimate arguments for legalization.  Harris’s isn’t one. It’s facile, intellectually dishonest, a disgrace for a lawyer and former prosecutor, and a direct pander to the shallow, stupid, and drug-addled among us.

There are many, many kinds of conduct that give people joy that would cripple society if we allowed them without restriction and criticism.. Rape gives some people joy. Swindling gullible people gives people joy. Bullying. Cheating. Lying. Stealing. Sadism. (Professional football….) Moreover, drug-induced joy is the lowest form of the emotion, false, artificial, temporary and without substance. The “joy” pot provides is no more desirable than the joy provided by ecstasy or heroin. Indeed, one of the societal harms created by recreational drugs is that the kind of joy that is real and earned—the joy of creating something, the joy of self improvement, the joy of discovery, the joy of helping others, the joy of loving and being loved, the joy of making one’s community, society and the world better—are too often crowded out by Harris’s chemical joy.

Statements like Harris’s usually signal a politician who lives by smug half-truths, deception and exploitation of the foolish.

Afternoon Ethics Round-Up, 2/12/2019: It’s Kamala Harris Day, Among Other Things…

/ Jack Marshall / 23 Comments

Howdy…

1. Without the decency to say, “Well, we didn’t find anything.”  From CNN: “After two years and 200 interviews, the Senate Intelligence Committee is approaching the end of its investigation into the 2016 election, having uncovered no direct evidence of a conspiracy between the Trump campaign and Russia, according to both Democrats and Republicans on the committee.”

The honorable, fair and honest thing for Senate Democrats (and Democrats generally) would be to state clearly and unequivocally that they found no evidence of “collusion,” and therefore were going to stop insinuating that collusion took place. But these are not honorable, fair and honest people, but people who are determined to undermine public trust in the President, elections, the government and democracy, because they would rather have power in a ruined, crippled government than not have power at all. Thus Committee co-chair, Sen. Mark Warner, D.-Va.,  told reporters, “I’m not going to get into any conclusions I have, [but] “there’s never been a campaign in American history … that people affiliated with the campaign had as many ties with Russia as the Trump campaign did.”  This ranks among the most weaselly statements in recent memory. “Ties” is a deceitful term wielded by the news media—by its definition I have ties to Russia. People “affiliated with the campaign” having business dealings with Russia or Russians, or communications with Russia, are not the same as the campaign having “ties” to Russia. Warner’s statement is, at its most trivial, sour grapes, and at its worst, a deliberate smear.

One Democratic Senate investigator told CNN (anonymously of course),”Donald Trump Jr. made clear in his messages that he was willing to accept help from the Russians. Trump publicly urged the Russians to find Clinton’s missing emails.” After all this, that’s the smoking gun? An obvious, off the cuff joke Trump made on the stump? “We were never going to find a contract signed in blood saying, ‘Hey Vlad, we’re going to collude,'” another Democratic aide sniffed. This is, of course, a dishonest version of Hillary’s “It wasn’t the best decision” (referring to her illegal decision to hijack official emails into a private server) rationalization. No, Hillary, not only wasn’t it the best decision, it was a terrible, suspicious, indefensible decision, and no, anonymous partisan hack, you were not only not going to find a contract signed in blood, you weren’t going to find any evidence of illicit, illegal, impeachable contacts at all.

The Democratic Party has allowed its defeat in 2016 to rot the party and its supporters to the core.

2. Baseball and lawyers! As I discussed here, Baseball’s Today’s Game Committee (formerly known as the Veterans Committee) elected OF/DH Harold Baines to the Hall of Fame in a decision that was not only logically indefensible, but obviously tainted by conflicts of interest and the appearance of impropriety, since associates and friends of Baines dominated the voting process. Now one of the pro-Baines voters, Hall of Fame manager Tony LaRussa (full disclosure: he works for the Red Sox now) has written an article  defending the decision. What is interesting about the article is that LaRussa, though few remember this, is trained as a lawyer, and his defense of picking Baines uses one legal advocacy device after another. Bill Baer, at NBC Sports, isn’t a lawyer, but he does an excellent job with his reply brief to LaRussa’s tortured and statistically deceitful arguments.

3. Let’s start a pool! Which of the gazillion Democrats running for President will commit the most verbal gaffes and require the rationalized defense, “Well he/she still doesn’t lie as much as Trump does!”? Obviously Joe Biden will be a popular choice for the title, as his foot is more or less positioned in his mouth up to the knee, but I think it will be a very competitive contest. For example (from Reason): Continue reading →

Ethics Observations On “The Green New Deal,” Part I : Res Ipsa Loquitur

/ Jack Marshall / 52 Comments

The talk of the nation is the “Green New Deal” put forward yesterday. It has no policy implications or tangible real world impact whatsoever, since it is (pick an adjective), infantile, fantastic, intellectually lazy and impossible. However, the fact that the current political system could belch up such a noxious hairball and not immediately be greeted by universal expressions of horror or hysterical laughter is significant.

In case you missed it, here is the overview of the “bill” (it isn’t a bill, but a resolution, and it isn’t really a resolution, but just a statement of stream of consciousness extreme leftist ideological cant that appeared yesterday morning. The thing attracted enough expressions of horror and laughter to be pulled off the web shortly thereafter, but it is still one of the smokiest guns you are ever going to see. I’m going to put up the whole thing. You are obligated as a citizen to read it. I’ll argue that you are obligated as a citizen to force the knee-jerk progressives in your life to read it as well, and to give you an honest response.

In many respects it is a gift. This is the level of thought and seriousness one entire political party is willing to present to the American public as it argues to be given the power to determine the nation’s course and welfare. Such transparency is rare. This document reveals one party’s respect for the intelligence of the American people: none.  It helps explain the deteriorating skills of critical thought among our rising generations, since this is what passes for rational discourse at the highest levels of government. Continue reading →

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

/ Jack Marshall / 12 Comments

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading →

When Ethics Alarms Don’t Ring: The Virginia Cankerworm Bill (and a Poll)

/ Jack Marshall / 16 Comments

At this point it is superfluous to name Virginia Delegate Kathy Tran an Ethics Dunce. That’s obvious, both from extreme her pro-late term abortion position, and her disingenuous, cowardly back-tracking once her callous and unethical views went viral on YouTube. This, however, requires not merely malfunctioning ethics alarms but dead political survival alarms, melted human decency alarms, and rusted-solid “How can I look at myself in the mirror?” alarms.

The same day, January 9, that Tran introduced “House Bill No. 2491 — Abortion; eliminate certain requirements,” she introduced House Bill No. 2495 – Fall cankerworm; spraying prohibited during certain months.”

No, the bills aren’t really related, except symbolically. Tran’s abortion bill aims to strip virtually all legal protections for the unborn in Virginia. Tran’s other bill adds protections for caterpillars, though the objective of the bill isn’t really the welfare of the bugs. Nonetheless, the juxtaposition is ugly and to some, telling. To full-throttle abortion advocates like Tran, unborn children might as well be worms, except that they don’t object to restrictions on worm-killing. Continue reading →