Law & Law Enforcement

“What’s Going On Here?” Is This Incident Just A Single Teenage Idiot In Love Or Does It Have Larger Cultural Significance?

/ Jack Marshall / 6 Comments

The time is January 2024. A few minutes after a Carnival Sunrise cruise ship left the port of Miami, Florida for Jamaica, Carnival Cruise Lines received an anonymous email saying: “Hey, I think someone might have a bomb on your sunrise cruise ship.”  This triggered security protocols that involved both the US and Jamaican Coast Guard. More than 1,000 rooms on the ship had to be searched, and were. After a delay of many hours, the ship was ruled safe to sail and continued the cruise.

An investigation eventually traced the email to 19-year-old Joshua Darrell Lowe II of Bailey, Michigan. He confessed to making the false bomb threat, explaining that he was trying to prevent his girlfriend and her family from going on the cruise without him. Though Lowe could have been sentenced to five years in prison, U.S. District Judge Paul Maloney this month sentenced him to only eight months behind bars. The judge was apparently impressed by the teen’s letter to the Judge taking full responsibility for his actions, expressing remorse, and apologizing profusely.

There is no question that such an act is unethical as well as potentially dangerous. I am interested in whether our political and popular culture sends messages to the young, impressionable and stupid that this kind of extreme conduct in the name of love or other passionate feelings is admirable.

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A Morning “Nelson”! Condign Justice For NY A.G. Letitia James

/ Jack Marshall / 27 Comments

This story has so much delicious irony to it, I’m afraid to look in the mirror for fear that I have literally turned into Nelson Muntz, the “Simpsons” character who mocks everyone else’s misfortunes.

The Federal Housing Finance Agency has referred New York Attorney General Letitia James to the Department of Justice for alleged mortgage fraud. Bill Pulte, director of FHFA alerted U.S. Attorney General Pam Bondi in part,“Based on media reports, Ms. Letitia James has, in multiple instances falsified bank documents and property records to acquire government backed assistance and loans and more favorable loan terms…This has potentially included 1) falsifying residence status for a Norfolk, Virginia-based home in order to secure a lower mortgage rate and 2) misrepresenting property descriptions to meet stringent requirements for government backed loans and government assistance.”

You can read the documents here and here. In one case, the Democratic Party hit-woman charged with executing the lawfare against Donald Trump so he couldn’t run for President received a lower mortgage rate by falsely swearing that a home in Norfolk, Virginia would be her “primary residence” when her job as New York’s Attorney General required her to live in that state. In the other, James misrepresented a five-unit property as a four-family unit to receive “a conforming loan through the Freddie Mae/Freddie Mac Form 3033,” which is only available for buildings with four or fewer units. Hilariously, this is the same woman who prosecuted Donald Trump for misleading financial statements, intoning that “No one is above the law.” Perfect!

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The Lawyer Disability Conundrum

/ Jack Marshall / 2 Comments

I frequently discuss lawyers continuing to practice under temporary disabilities, like bad colds, flues, serious pain (like migraines) or painful injuries. The lines are blurry indeed, but if a condition causes a lawyer to be sub-par in serving a client’s needs, the client should be informed, and the lawyer should be prepared to either delay the matter or find a replacement. Progressive disabilities, like age-related declines in stamina and cognitive ability, also have to be taken seriously by an ethical lawyer and dealt with responsibly in the best interests of clients.

Missouri has a rule that allows for a court to suspend a lawyer after an adjudication of disability or incapacity. This week the Missouri Supreme Court summarily suspended a lawyer after the lawyer had been found disabled by a Social Security judge. She has medical issues affecting her eyesight, back, and hands,and she also suffers from chronic migraines. Her lawyer insists that her judgment has not been affected, and that she is still capable of competent and zealous representation of her clients. The applicability of the Americans with Disabilities Act is obviously an issue.

The suspended lawyer cites the precedent of Paul Alexander, a recently deceased Dallas lawyer who specialized in ADA cases. He graduated from the University of Texas School of Law. Alexander had polio as a child, which rendered him a quadriplegic. He used an iron lung except when a case required him to leave his workplace in a wheelchair and practiced law for more than 40 years typing on his personal computer using a device he held in his mouth. Alexander also painted and wrote a book.

Presumably his clients were aware of his disability ans consented to his representation of them despite his disability. Presumably also, he would have been suspended in Missouri. Still, is the proper standard to be applied to all lawyers reasonably embodied by Paul Alexander, who was an outlier by anyone’s definition?

Ethics Verdict: The President’s Executive Orders On Chris Krebs and Miles Taylor

/ Jack Marshall / 8 Comments

This is easy: irresponsible, petty and stupid.

President Trump signed a pair of executive orders directing that there be federal investigations and other sanctions against high-profile administration critics from his first term. The first is former homeland security official Miles Taylor. He’s the jerk who wrote the anonymous New York Times op-ed in 2018 boasting about how he and others were working behind the scenes to sabotage the first Trump term. describing an internal resistance to Trump in his first term. The other is Christopher Krebs, the former head of the Cybersecurity and Infrastructure Security Agency (CISA), who worked to oppose Trump’s claims that the 2020 election was “fixed” and “stolen,” and was was subsequently fired.

In the case of Taylor, the President implied in his remarks that he engaged in “treason,” which is a stretch, to put it lightly. Krebs was fired: that should have been punishment enough. In either case, Trump has bigger fish to fry, as the saying goes, and these orders do nothing to advance his agenda.

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Some Funny Things Happened on the Way to the Ethics Alarms Friday Forum…

/ Jack Marshall / 23 Comments

Last week’s open forum was wild, man, and I hope today’s can be as lively.

Based on the early returns, there’s a lot to bloviate about in the ethics world. The amateur golf champ playing in the Masters was caught pissing into a creek on n the 13th hole at Augusta National golf course. Pennsylvania judge Sonya McKnight was just convicted of shooting her sleeping boyfriend in the head. (Seems awfully judgmental…). Almost all Democrats in the House voted against the bill requiring voter ID in Federal elections. Yes, their determination to prove the cognitive dissonance scale wrong continues apace! A black Congressman tried to discuss issues with a Trump-Deranged white female and was called a “race traitor”…

…and we learned that after VP JD Vance’s March visit to Pituffik Space Base in Greenland, the Col. Susan Meyers, the commander of the 821st Space Base Group who also oversees the Pentagon’s northernmost military base, issued a gratuitous email to the base’s personnel stating that he did not speak for her of the base. What an idiot. (She was fired.) Finally, we have this stupid incident, in which Frontier Airlines let a woman fly to Puerto Rico with her “emotional support parrot” but wouldn’t let the bird on the return flight. (Gift link.)

Be careful. It’s stupid out there…

Law vs. Ethics (Again): The AP Wins Its Lawsuit

/ Jack Marshall / 31 Comments

When the Associated Press refused to rename the Gulf of Mexico the “Gulf of America” in its style book, the White House excluded the once-essential news organization from its press briefings.The AP filed a lawsuit arguing that this was a violation of the First Amendment by the Trump Administration, as an infringement on the Freedom of the Press and the first Amendment.

Yesterday U.S. District Court Judge Trevor McFadden ruled in the AP’s favor, granting the AP’s motion for a preliminary injunction. Judge McFadden acknowledged that there is no constitutional right to attend a press briefing at the White House:

[T]his injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the President or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones’ questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views……[But]while the AP does not have a constitutional right to enter the Oval Office, it does have a right to not be excluded because of its viewpoint….

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Not Opinion, FACT: AG Bondi Is Wrong and Unethical To Suspend Justice’s Acting Deputy Director of the Office of Immigration Litigation

/ Jack Marshall / 10 Comments
- This is your opinion? - It's a fact.

I was afraid of this.

I am completely in sympathy with President Trump’s determination to have only people he can trust as his department and agency heads after his first term debacle, when so many people stabbed him in the back that his suits must have looked like pin cushions. Nonetheless, appointing Pam Bondi as Attorney General was reckless and hard to defend, as Bondi and “legal ethics” have seldom been compatible. This episode is a particularly blatant example.

Erez Reuveni has worked at the Justice Department for nearly 15 years, most recently as the acting deputy director of the Office of Immigration Litigation. Reuveni appeared in federal court in Maryland last week to respond to the court’s questions regarding the government’s admission that it should not have deported Kilmar Abrego García on March 15 as part of the airlift of purported gang members to the Terrorism Confinement Center in El Salvador. Reuveni acknowledged the mistake and told a judge that he did not know what authority the U.S. used to deport Abrego García. “My answer to a lot of these questions is going to be frustrating,” Reuveni told U.S. District Judge Paula Xinis. “And I’m frustrated that I don’t have answers to a lot of these questions.” Xinis ordered the Trump administration to arrange the return of Abrego García, who is married to a U.S. citizen, by no later than 11:59 p.m. today.

Attorney General Bondi promptly suspended Reuveni. Bondi explained, “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences.”

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From Maine, A “Nah, the Democratic Party Doesn’t Embrace Censorship!” Head-Exploder….

/ Jack Marshall / 4 Comments

Reacting to Maine state Rep. Laurel Libby‘s tweet above, the Maine House speaker and majority leader (Guess which party…) demanded that she take it down. Libby refused, so the body’s Democrats introduced a censure resolution. Their contrived reason: her post included photos and the first name of a minor, the male athlete who was allowed to compete in female-only sports. Both the photo and student’s name were publicly available and had been published by media sources. Obviously, this was an effort to silence an effort by an elected official to have the public understand “what’s going on here,” and, as we all know from the motto of an Axis-supporting newspaper of note, “Democracy Dies in Darkness.”

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President Trump’s Third Term Fantasy

/ Jack Marshall / 13 Comments

We’re back in Julie Principle territory again, unfortunately: “Fish gotta swim, bird’s gotta fly, Trump’s gong to keep saying crazy stuff to make progressives cry…” This is a particularly annoying example. Just as the position of Ethics Alarms is that trusted professionals do not have the luxury of pulling April Fool’s Day hoaxes on the public, it is also unethical for Presidents of the United States to deliberately raise phony issues for public consumption.

The President began raising the possibility of a third term almost from the moment he was elected to his second. It is, of course, impossible. The Constitution forbids it quite unambiguously thanks to the 22nd Amendment, the eventual Congressional reaction to Franklin Roosevelt shattering the unwritten rule, set by our first President, that two elected terms is enough. Over the weekend, Trump said he was “not joking” about there being “methods” to circumvent the two-term limit. No, there really aren’t and never mind that: Trump is 78 years old, not exactly in peak physical condition, and would be 86 at the end of a third term. The real question is whether he can complete this one.

Trump was even sparking speculation about a fantasy race between him and Barack Obama in 2028 for an unconstitutional third term, and a depressing number of morons on social media are taking it seriously. Yes, Dana, that’s your cue…

Here’s what’s happening. I was pondering Trump’s nonsense, and concluded that there are three things going on here, only one of which is substantive:

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Ethics Hero: Harvard Law Professor Adrian Vermeule

/ Jack Marshall / 26 Comments

I admit it: this post is putting the cart before the horse. I need to complete a post about the leftist lawyer freak-out over Trump targeting ostentatiously anti-Trump, anti-Republican, pro-Axis law firms by handing them the just desserts for their abandonment of legal ethics and core professional principles to pander to the Democratic Party’s cabal over the past 15 years or more. But I am a bit short of time and energy right now, and Professor Vermeule, that rarity of rarities, a conservative Harvard professor, has done some of my work for me.

Last week, more than ninety members of the Harvard Law School faculty issued a joint letter supposedly concerning the “rule of law,” but actually embracing the same double standards and anti-Trump bias I have been witnessing from my lawyer friends on Facebook and especially in the online discussions among members of the Association of Professional Responsibility Lawyers. It said in part,

“The rule of law is imperiled when government leaders:

  • single out lawyers and law firms for retribution based on their lawful and ethical representation of clients disfavored by the government, undermining the Sixth Amendment;
  • threaten law firms and legal clinics for their lawyers’ pro bono work or prior government service;
  • relent on those arbitrary threats based on public acts of submission and outlays of funds for favored causes; and
  • punish people for lawfully speaking out on matters of public concern.

While reasonable people can disagree about the characterization of particular incidents, we are all acutely concerned that severe challenges to the rule of law are taking place, and we strongly condemn any effort to undermine the basic norms we have described….”

This is disingenuous posturing by partisan academics pretending to be neutral patriots. Professor Vermeule called them out on their pretense, writing in part in an open letter to his own to students and the public,

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