Law & Law Enforcement

Morning Ethics Warm-Up, 8/20/2018: Racing The Battery Edition

/ Jack Marshall / 39 Comments

Good Morning!

Well, I found a Best Buy in Erie (above), so barring a new catastrophe, I should have a full charge this afternoon and can begin catching up. I am sorry about the inconvenience caused by this self-inflicted problem. I’m afraid to even look at the Ethics Alarms traffic: this August has already been historically bad in that respect. Thanks for your patience.

Fell free to write about any ethics issue that concerns and interests you here while my little netbook is charging, assuming it does. Right now I’m on fumes…

1. Does the New York Times have access to a legal ethicist? How about a competent lawyer? In this story, the Times suggests that the White House doesn’t know what the White House Counsel told Robert Mueller in November. That’s ridiculous, and, I submit, impossible.

By all accounts, Don McGahn, is a competent, experienced ethical lawyer, and like all competent, experienced ethical lawyers, he knows that it is his core duty, under Rule 1.4 of every set of legal ethics Rules in the nation, to…

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

A lawyer doesn’t have to be asked to do this; a lawyer can never use the dodge, “Why didn’t I tell you? You never asked?” with his client. It is true, as the various talking heads kept repeating yesterday, that President Trump is not McGahn’s client, the Presidency is. However, in terms of the duty of communications for a lawyer with McGahn’s job, that distinction is meaningless. I’ve been trying to come up with any kind of statement or revelation that a White House Counsel could give to a Special Counsel that he would not be obligated to immediately reveal to the President.

I could write for hours on this topic, and eventually I will. But the starting point is that the Times is misleading the public. Again.

2. Fake news from the religious right: a Fox News headline today was “Little Girl Kissed By The Pope Is Cancer Free.” This is deceitful nonsense, implying that the Pope healed the girl by the touch of his Holy Lips.  She was undergoing cancer treatment. Her family credits the doctors there with the “miracle.” The Pope himself has not claimed that she was healed by his touch. “Little Girl Who Cheers For Boston Red Sox Is Cancer Free” would be a similar headline. Continue reading →

Sunday Morning Ethics Warm-Up, 8/19/18: Operating Under A Disability

/ Jack Marshall / 5 Comments

Good Morning,

from Erie, Pennsylvania!

1. Handicapped. Unfortunately, my circumstances on this trip, which include a draining computer, hours of driving, the usual vicissitudes of travel but time two (my wife is with me), and multiple speaking responsibilities are going to influence my choice of topics. This is the blogging ethicist’s version of dealing with a disability, as I was discussing in yesterday’s seminar.

It is not unethical for a lawyer to continue to practice law while he or she has a drinking problem, or is developing dementia, or has the flu, but it iss unethical to do so while any of these maladies threaten to diminish the lawyer’s trustworthiness, diligence, zeal or competence. The professional has an ethical obligation to manage disabilities. In my case, several ethics issues that are in the news will require more concentration and analysis to handle well than I am able to muster right now, as I type with one eye on the battery charge and try to work in a hotel room with more than the usual distractions and interruptions. The participation of the White House Counsel in the Mueller investigation, for example, will just have to wait.

We are going to try to find a new power cord today. No, the hotel business center computers won’t do: there isn’t enough time to get even a single post up on them, among other impediments. Continue reading →

Comment Of The Day: “Unethical Quote Of The Month: CNN’s Chris Cuomo”

/ Jack Marshall / 38 Comments

Chris Cuomo  is spewing anti-democractic, anti-free speech, pro-violence garbage on CNN, and none of his colleagues, assuredly not CNN’s fake media watch-dog Brian Stelter or even its once fair and balanced Jake Tapper have shown the integrity to call him on it. Thus, despite my post on the matter, many more voices need to be raised elsewhere lest this irresponsible media demagogue make millions of trusting American almost as dumb as he is.

Here is Glenn Logan’s Comment of the Day on today post, Unethical Quote Of The Month: CNN’s Chris Cuomo:

Re: Cuomo
Cuomo is confusing self-defense and lawlessness. By definition, self-defense is a response to a direct threat or attack. Attacking someone with whom you disagree is never, ever self-defense and cannot be the moral equivalent of it.

“But in the eyes of good and evil, here’s the argument: if you’re a punk that comes to start trouble in a mask and hurt people, you’re not about any virtuous cause. You’re just somebody who’s going to be held to the standard of doing something wrong. But when someone comes to call out bigots and it gets hot, even physical, are they equally wrong as the bigot they are fighting? I argue, no.”

Two questions for Chris: Who gets to define good, and evil? Is he saying the totality of the AntiFa position is good, or just that their hatred of racism is good? We don’t know, because Chris doesn’t tell us. AntiFa stands for many things I think are not good, among them are commitment to violence against those with whom they disagree philosophically, an embrace of destructive leftist anarchy, and a rejection of authority. Is Cuomo willing to pronounce all that good? Or is it just “better than the opposition,” who as it turns out, are on the right side of two of those three things?

Second, who throws the first punch? That’s how you figure out who’s wrong and who’s right. Because instantly, the punchee becomes the defender and the puncher becomes the aggressor and lawbreaker. No matter where you assign moral turpitude, it doesn’t and cannot justify violence in response. Continue reading →

Morning Ethics Round-Up, 8/15/2018: Rationalizations, Corruption And Mass Impeachment [UPDATED]

/ Jack Marshall / 36 Comments

Mornin’, all!

1. “That Dog” Ethics. I can think of more accurate and meaner names for Omarosa than “that dog,” but then my vocabulary is larger and more versatile than the President’s…but then, whose isn’t?  I have never heard of “dog” being identified as a racist term—because it isn’t one—though it is a sexist term, often used to denote an unattractive female. Nonetheless, this is presidential language, indeed gutter, low-life language that demeans a President, his office, and the nation he leads when it issues from the White House.

Among the rationalizations that suggest themselves are 1A.  “We can’t stop it” (apparently not, and neither can John Kelly), 2. A. “She had it coming” (nobody short of a traitor or a criminal deserves to be attacked by the President of the United States using such language), 7. “She started it” (which is excusable if you are in kindergarten), 8A. “This can’t make things any worse” (oh, sure it can), 22. “He’s said worse” (true) and many others: I don’t have the energy to go through the whole list.

Of all the dumb, incompetent, self-inflicted impediments to doing the job he was elected to do, the Omarosa fiasco might be the worst and most unforgivable. I’m not sure: I’d have to go through that list, and not only do I not have the energy, I think I’d rather rip my eyelids off.

2. I’m sure glad the new Pope fixed all of this. This story would normally fall into the category of being so obviously unethical that it isn’t worth writing about. Moreover, Ethics Alarms had referenced the Catholic sexual predator scandals in many ways, on many occasions. What distinguishes the latest chapter in this ongoing horror is that the latest revelations are coming after all of the lawsuits, damages, mea culpas and promises of reform, and they did not come from the Church. This means that the cover-up was and is ongoing. It means that even with the thousands of children who were raped and abused that we know about, there were many more. It also means, in all likelihood, that the abuse is continuing. Continue reading →

Unethical Quote Of The Month: CNN’s Chris Cuomo

/ Jack Marshall / 35 Comments

“But drawing a moral equivalency between those espousing hate and those fighting it because they both resort to violence emboldens hate, legitimizes hateful belief and elevates what should be stamped out.”

—CNN’s news anchor turned pundit Chris Cuomo, in the middle of a long justification of the use of violence to suppress speech and political opinion.

CNN cannot be taken seriously as a news organization as long as it continues to employ Chris Cuomo. I have concluded that Cuomo was only admitted to law school because his father was a popular governor of New York. No other explanation makes sense. Even after allegedly completing his three years, he doesn’t comprehend basic law or the Constitution.  He has, for example, advanced public ignorance by stating that “hate speech” is not protested under the First Amendment. On another occasion, he said that it would be illegal for citizens to read leaked classified material available on the web, but that journalists could read it and then tell the public about it.

The man is an idiot. He constantly utters legal and logical nonsense, and with the certitude that only a true idiot can muster. As a journalist he is biased and sloppy; as a pundit he is pompous and unqualified. His latest foray into irresponsible use of the First Amendment was two days ago, when he said, in discussing the often violent counter-protesters to the virtually non-existent white supremacy demonstration in D.C. over the weekend, this, the entire speech from which the Unethical Quote of the Month was extracted:

But I argue to you tonight, all punches are not equal morally. In the eyes of the law, yes. But in the eyes of good and evil, here’s the argument: if you’re a punk that comes to start trouble in a mask and hurt people, you’re not about any virtuous cause. You’re just somebody who’s going to be held to the standard of doing something wrong. But when someone comes to call out bigots and it gets hot, even physical, are they equally wrong as the bigot they are fighting? I argue, no. Fighting against hate matters…Now, how you fight matters too. There’s no question about that. But drawing a moral equivalency between those espousing hate and those fighting it because they both resort to violence emboldens hate, legitimizes hateful belief and elevates what should be stamped out….But fighting hate is right. And in a clash between hate and those who oppose it, those who oppose it are on the side of right. Think about: civil rights activist, were they the same morally as the bigots, as the racist with whom they exchanged blows? Are people who go to war against an evil regime on the same moral ground as those they seek to stop from oppressing the weak?…When you punch me in the nose for being Italian and you say I’m somehow less than, am I in the same moral place when I punch you back for saying that? It’s not about being right in the eyes of the law, but you also have to know what’s right and wrong and immoral, in a good and evil sense.

Continue reading →

Ethics Observations On The Rep. Chris Collins Insider Trading Indictment

/ Jack Marshall / 3 Comments

Three-term GOP congressman Chris Collins was indicted for insider trading after prosecutors determined that after Innate Immunotherapeutics  alerted him to the failure of company’s clinical drug trials for a promising multiple sclerosis drug, Collins tipped off his son, allowing him and others to  save hundreds of thousands of dollars by selling their stock in the firm before the news was made public. Now Collins faces prison time if convicted.

 Collins was a member of the company’s board until May of this year, and at one point was its largest shareholder.

Speaker of the House Paul Ryan has stripped Collins of his seat on the Energy and Commerce Committee and asked the House Ethics Committee to investigate the allegations of insider trading. Collins has ended his re-election bid, but maintains that he is innocent. Such statements are like the puzzle about the White Foot and Black Foot tribes that look and sound identical but have one difference: the White Feet always lie, and the Black Feet always tell the truth. If you ask a member of either tribe, “Are you a truthful Black Foot or a lying White Foot?”, you will always get the same answer no matter what tribe the individual belongs to: “I am a truthful Black Foot!” And whether an indicted Congressman is guilty or innocent, he will always say, as Collins did, that the charges are “meritless” and that he will fight them to have his “good name cleared of any wrongdoing.”

Until the plea deal.

Collins’s involvement with Innate dates back all the way to 2005, before he ran for Congress. He organized support from wealthy friends and neighbors,  many of whom would later become his political donors,  to help bail out the company, which was flailing at the time. In addition to Innate Immunotherapeutics,  Collins has held leadership roles in other biotech companies.  Until his indictment, he was chairman of the board of directors of ZeptoMetrix, a private lab company based in Buffalo that he co-founded. That one has received millions of dollars in federal contracts, according to government records.

Collins reported owning between $25 million and $50 million in shares of  ZeptoMetrix. In June, he sold about a million dollars of stock in Chembio Diagnostics, a medical tests and equipment manufacturer, according to his ethics disclosure forms.

The congressional ethics office found last summer that  Collins may have violated ethics rules by asking the National Institutes of Health for help with the design of Innate’s now-failed clinical trial.

Observations: Continue reading →

Morning Ethics Round-Up, 8/13/2018: Rally? What Rally? Bias? What Bias? Texts? What Texts? Spy? What Spy?

/ Jack Marshall / 13 Comments

Huh. I didn’t know that ZZ Top were white supremacists!

Good Morning!

I just know this week will be better than last week…

…though these items certainly don’t inspire hope.

1. The dangers of “future news” That huge, scary rally in Washington where the nation’s capital was going to be descended-upon by all those white supremicists activated by Donald Trump’s election and rhetoric to celebrate last year’s Charlotteville riots? About two-dozen people showed up. I talked to friends in the District who said they were terrified of the rally. CNN, the networks, the Times and the Post had all headlined this major, major event, which would show just how much racism there is in America. This was fake news, straight up. It was imaginary, “future news,” a headline about what was going to happen because the mainstream news media wanted it to happen. Then they could bleat out the narrative that President Trump was inspiring racists to come out of the woodwork. Maybe someone would get killed, like in Charlottesville! Well, they could hope.

What investigation went into the determination that there was going to be a huge gathering of racists in D.C.? Clearly, not enough. 24? 24??? I could set up a rally of locals who think Gilbert and Sullivan should be taught in the schools that is five times that with some phone calls, texts and a Facebook post. It would take me a couple of hours. Yet the Times put the inevitability of this massive white supremacy rally on its front page. “After weeks of hype…” wrote the Times. Weeks of hype by the press.

Incompetent, dishonest, irresponsible. You know. As usual.

It is worth mentioning that the counter-demonstration to the imaginary demonstration was many times larger than two-dozen people.

2. In related news about non-news...The Boston Globe has been contacting newspaper editorial boards and proposing a “coordinated response” to President Trump’s criticism of the news media, especially his controversial “enemy of the people” rhetoric. “We propose to publish an editorial on August 16 on the dangers of the administration’s assault on the press and ask others to commit to publishing their own editorials on the same date,” The Globe said in its pitch to fellow papers.

Talk about bad timing! We just had the explosion of the fake racist rally story. We have the Manafort trial being featured on the front page of most newspapers like it’s the O.J. trial, when  the majority of public has no idea who the man is and the trial details have nothing to do with anything newsworthy. We have the mainstream news media giving the claims of a reality show villain the kind of attention John Dean received for his Watergate testimony while it makes sure nobody knows that a Chinese spy infiltrated the staff of a powerful U.S. Senator for 20 years. Nah, the news media isn’t the enemy of the public! It just deliberately abdicates its duty to inform the public objectively , is engaged in a coordinated effort to bring down an elected President, has abused its First Amendment-bestowed immunity from the consequences of its conduct, and is working to divide the nation to the point where it cannot function. That’s all. None of this is good for the people or the nation, but that doesn’t make those intentionally harming both enemies, exactly….although off the top of my head,  I can’t think of a more accurate word for it. Continue reading →

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 18 Comments

The sky’s the limit!

High school  wrestler and football player Logan Michael Osborn, then 18, met a 14-year-old girl at a high school play in April 2017. After the curtain fell, they went for a walk down a secluded path, where Osborn overcame the young woman, tied a belt around her neck and hands, and performed a sex act. Osborn’s defense attorneys argued that it all was consensual, but consensual or not, she was still only 14, making this statutory rape.

In September 2017, Osborn pleaded guilty to sexual assault, saying that his conduct was the result of  “poor judgement.”  The judge sentenced Osborn to 10 years in prison with eight years suspended on his conviction of having carnal knowledge of the girl without use of force, a felony. Osborn also had to register as a sex offender. In January, however,  Chesterfield (Virginia) Circuit Judge T.J. Hauler stayed the  two-year term, saying he wanted to review the case further,and this week, he revealed the result of his review. The entire 10-year sentence is now stayed, meaning that Osborn will receive no prison time at all.

At last week’s hearing, Judge Hauler asked to hear “some positive things” about Osborn so James Trent, a foreman at an electrical company where he now works, commended Osborn’s work ethic and performance, saying that “sky’s the limit” for his future. The negative things? Well, he does appear to be a habitual sexual predator, if that counts. He has been accused of engaging in inappropriate sexual conduct with girls seven previous times, including when he was 12. In that case, Osborn was charged with grabbing the genitals of another student. (The case was dismissed.) Continue reading →

Morning Ethics Warm-Up, 8/10/2008: Post-Newark Hangover Edition

/ Jack Marshall / 26 Comments

Good morning!

Trying to get back to normal here. I hope it isn’t age, but I suspect it is: for quite a while now I have found myself foggy and exhausted up to three days after a period of stressful travel combined with one or more three-hour seminars. One reason is that I never can sleep in hotels;  another is all the walking around airports lugging two heavy bags, since 1) I cannot risk checking luggage 2) My presentation materials alone weigh more than ten pounds and 3) I object to bringing rollerboards on airplanes as inconsiderate and unfair to other passengers. The side effects right now include a sprained wrist and a swollen knee.

Speaking of side-effects, one of the unfortunate ones of the craven abandonment of the field of battle by the blogs’ “resistance” participants is that traffic collapses quickly without new posts. Over at Popehat, Ken sometimes goes weeks without posting anything. Then again, maybe he’s smart enough not to pay any attention to daily, weekly and monthly fluctuation in traffic, unlike me. Once, if travel and schedule snafus stopped me from posting, I could count on Chris, deery or Charles to have a long-exchange of contentious opinions with other commenters as they maintained that there was no media bias, that Trump should be impeached because he violated “norms,” and the FBI was as professional and uncorruptable as Elliot Ness, or at least Elliot Ness as portrayed by Robert Stack. Now they have retreated into the comforting warmth on the left-wing echo chamber.

1.  Tipping ethics. I was going to include this in yesterday’s salvage operation, but literally had to end the post so I could take a nap. The following tipping dilemmas occurred during my trip, not for the first time: Continue reading →

Sunday Ethics Reflections, 8/5/2018: Abdication, Arrogance, Airbrushing

/ Jack Marshall / 43 Comments

1. If you want to seed a civil war, this is how you do it…Why is this incredible story just an item on the daily ethics potpourri? For one thing, I don’t see why much commentary is necessary, or should be. I don’t typically  write about robberies or murders, or other outright unethical acts that all but the worst sociopaths can recognize in a trice as unethical.  I feel the same way about this, from the Wall Street Journal:

A mob surrounded ICE’s office in Southwest Portland June 19. They barricaded the exits and blocked the driveway. They sent “guards” to patrol the doors, trapping workers inside. At night they laid on the street, stopping traffic at a critical junction near a hospital. Police stayed away. “At this time I am denying your request for additional resources,” the Portland Police Bureau’s deputy chief, Robert Day, wrote to federal officers pleading for help. Hours later, the remaining ICE workers were finally evacuated by a small federal police team. The facility shut down for more than a week. Signs called ICE employees “Nazis” and “white supremacists.” Others accused them of running a “concentration camp,” and demanded open borders and prosecution of ICE agents. Along a wall, vandals wrote the names of ICE staff, encouraging others to publish their private information online.

Federal workers were defenseless. An ICE officer, who asked that his name not be published, told me one of his colleagues was trailed in a car and confronted when he went to pick up his daughter from summer camp. Later people showed up at his house. Another had his name and photo plastered on flyers outside his home accusing him of being part of the “Gestapo.”

Where were the police? Ordered away by Democratic Mayor Ted Wheeler, who doubles as police commissioner. “I do not want the @PortlandPolice to be engaged or sucked into a conflict, particularly from a federal agency that I believe is on the wrong track,” he tweeted. “If [ICE is] looking for a bailout from this mayor, they are looking in the wrong place.”

The phrase, “particularly from a federal agency that I believe is on the wrong track” mandates impeachment on its face. It is not the mayor’s proper role to decide who deserves the protection of the city against lawbreakers. “There is no place for personal, political bias when it comes to providing public safety services to our communities,” Portland Police Association president Daryl Turner said in a statement on Facebook. “In that respect, our Mayor, who is also our Police Commissioner, has failed miserably.”

Also:

  • How many readers of Ethics Alarms saw broadcast news accounts of this incident and the Portland mayor’s conduct? It is the tendency to set out to bury and hide the worst examples of progressive and resistance excess that is the smokiest of smoking guns showing the degree to which journalists are actively attempting to indoctrinate and mislead rather than inform.
  • Do the citizens of Portland really condone this?

Continue reading →