Law & Law Enforcement

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

Morning Ethics Warm-Up: 7/11/17…”Alan Brady” Shows His Ignorance, And The New York Times Shows Its Bias.

/ Jack Marshall / 38 Comments

Good Morning!

[By the time I finished #1 on today’s list, there was no room for the rest, except for the shortest item. Oops. But it’s Carl Reiner’s fault: he ticked me off.]

1. Carl Reiner, comedy legend and still kicking in his 90s, wrote an op-ed for the New York Times urging Supreme Court Justice Kennedy not to retire, as some believe he is preparing to do. Kennedy is a relative  whippersnapper at 8o. That Reiner’s argument is unethical in multiple ways should be obvious, but then expecting the editors of the New York Times to spot an ethics problem is naive.

Reiner tells Kennedy that he shouldn’t retire because ” the best part of your career has just begun. As a nonagenarian who has just completed the most prolific, productive five years of my life, I feel it incumbent upon me to urge a hearty octogenarian such as yourself not to put your feet up on the ottoman just yet. You have important and fulfilling work ahead of you.” The problem is that the decision shouldn’t be based on what Kennedy wants or will enjoy. He’s supposed to act in the best interests of the nation, not to maximize the rewards of his golden years. Reiner uses a comparison to his own career—he still acts periodically, but even Reiner can’t possible think that his last five years were objectively more productive than when he was writing and performing in “Your Show of Shows,” or playing Rob Petrie’s hilariously nasty boss on “The Dick Van Dyke Show”—which shows a narrow perspective. If Carl can’t perform the way he used to but movie-goers still like watching him, there’s no harm done. A SCOTUS justice who no longer is in top mental fettle, however, can do substantial harm.

How many screenplays has Reiner had produced since he turned 80? How many studios have hired him to direct? The last movie he wrote was in 1989, when Carl was 67.  His last directing assignment was 20 years ago. So Carl has retired from those jobs that are too demanding for him, just not acting. His argument to Kennedy is disingenuous. Gee, maybe the Justice should try acting, like Carl.

Reiner’s entire piece is a sham: it isn’t about retirement, it’s about liberal politics. He writes,

“The country needs justices like you who decide each case with fairness and humanity, and whose allegiance is to the Constitution of the United States of America, not to a party line. You have always voted your conscience, and defended the rights and liberties of all our citizens.”

Is  Reiner seriously arguing that there are no younger qualified judges “whose allegiance is to the Constitution of the United States of America, not to a party line” ? That’s what all SCOTUS justices are pledged to do.  Does anyone think that Reiner would like Justice Ginsberg, also in her 80’s, to step down because she reliably hews to Democratic Party positions in virtual lockstep? No, of course not. What he is really saying is that when Republican-appointed justices consider cases, they violate their duty to be objective, but when Democrat-appointed justices decide in favor of progressive positions, they are just being wise and fair. This also the position of the New York Times, which is using an old man as its mouthpiece. Nice. Continue reading →

Clearly, This Is Never Going To Stop Until The News Media Gets What It Wants, Or Loses All Credibility…

/ Jack Marshall / 92 Comments

[ I cannot begin to express how much I resent having to keep writing posts on this topic.]

The New York Times  has reported  that a Russian lawyer ( Various reports use the intentionally sinister addition “with ties to state-owned enterprises and to a senior government official.” which simply means that the lawyer had represented them. This isexactly  like saying that a criminal defense lawyer “has ties to the mob”because he once represented a gangster. It is despicable journalism, biased and misleading) met with Donald Trump, Jr., Paul Manafort and the President’s son-in-law, Jared Kushner, having been told that she could offer access to negative information about Hillary Clinton. The three members of the Trump campaign quickly discovered that she could not, and wanted to lobby the group on another matter.

Don Jr. said in a statement that he had met with the lawyer, Natalia Veselnitskaya, at the request of an acquaintance and denied that he received any information on Clinton.

“After pleasantries were exchanged, the woman stated that she had information that individuals connected to Russia were funding the Democratic National Committee and supporting Ms. Clinton,” he said. “Her statements were vague, ambiguous and made no sense. No details or supporting information was provided or even offered. It quickly became clear that she had no meaningful information.”

Trump Jr. added that Veselnitskaya  changed the subject and began discussing the adoption of Russian children and moved the conversation towards the Magnitsky Act, the  2012 bill that blocks certain Russian officials’ entrance to the U.S. and their use of the U.S. banking system. “It became clear to me that this was the true agenda all along and that the claims of potentially helpful information were a pretext for the meeting,” he concluded.

That’s it. That’s the whole thing. Yet all the news stations and news sites are treating this like it is a smoking gun, proof of impeachable offenses by Donald Trump and crimes by his campaign. There is wall to wall coverage, and it is, based on what we know thus far, nothing at all but anti-Trump hype and more of the apparently endless effort by the news media and Democrats to keep the Russian collusion narrative going without any genuine fuel.

I was saddened to see Richard Painter, a solid legal ethicist who has helped drive traffic away from my favorite ethics site by turning it into his own personal Trump attack page with over-heated theories obviously cooked up by a brain derailed by a Trump obsession. On MSNBC , Richard fumed, Continue reading →

Ethics Quiz: The Neglectful Mom

/ Jack Marshall / 55 Comments

An upstate New York mother allowed her 10-year-old child to shop alone at the LEGO store as she shopped at a different store in the same mall. It appears that the LEGO store’s personnel called the mall’s security, and the child’s mother was arrested and charged with endangering the welfare of a child. The store does have a sign that states that children under the age of 12 must be accompanied by an adult.

Arresting the mother is obviously absurd over-kill. Obviously also, the LEGO store has a right to have whatever policy it chooses regarding unaccompanied children. However the question remains, and is the Ethics Alarms Ethics Quiz of the Day…

Is it irresponsible for a mother to allow her 10-year-old to shop alone if the mother is shopping in the same mall?

Related questions as you ponder: Continue reading →

Ethics Dunce: The Washington Metropolitan Area Transit Authority [ UPDATED]

/ Jack Marshall / 7 Comments

[UPDATE: The original version of this post designated the dunces as the D.C. government. This was not accurate, as reader deery helpfully pointed out. You can read about the baroque and diffuse organization and leadership of the D.C. area’s transit system…currently in bad repair and financial distress…here.  Good luck. The text has been revised to reflect the correction in the title. Frankly, the exact organization of the DC. area Metro is less central to the post than the fact wherever the leadership is, it is government, it is dominated by the local Democratic leadership, and it is censorship. That’s what matters.]

Quick, now: what controversial political position does the above Washington, D.C. area  public transit ad promote?

The Washington Metropolitan Area Transit Authority, the transit agency of the local  and state governments in and surrounding the nation’s capital,  has pulled ads for controversial right-wing speaker Milo Yiannopoulos’ self-published memoir after determining the ads violated the transit system’s policies banning issue-oriented, political and other advocacy advertising.

An independent contractor sells and installs ads across the system, but ultimately Metro’s leaders have the final say…providing that they follow the Bill of Rights. This appears to be a problem for them.

The relevant Metro policies  restricting advertising content include:

  • “Advertisements intended to influence members of the public regarding an issue on which there are varying opinions are prohibited”
  • “Advertisements that are intended to influence public policy are prohibited”

There is no argument here about what the banning of the book ad is: the Transit Authority is engaging in censorship.  This is especially obnoxious for an agency that represents the locality that hosts of the national government, and where the Constitution is on display.  It is also ignorant. Read the damn thing, you politically corrupt dolts. And it is arrogant. The District’s population, stuffed with Democrats like no other jurisdiction, with a majority African-American and conservative-loathing populace, figures to revile a right-wing troll like Milo, and the reliably Democratic riders served by the Metro in Northern Virginia and Maryland are hardly more tolerant of hard-right trolls. But Milo’s name and book cover by no stretch of the imagination are advocacy or efforts to “influence” anyone regarding public policy or “an issue.” Like all ads, here’s the position that it advocates: “Buy this!”

Milo Yiannopoulos is an ugly and cynical right-wing provocateur, but he does not forfeit the protection of the First Amendment because of who he is. When did liberals and Democrats lose their comprehension of this basic democratic concept? What ever the origin of their confusion, it makes them untrustworthy, sinister, and almost as revolting as Milo.

He’ll probably sue the Washington Metropolitan Area Transit Authority for infringing his rights, which it has. He will win. Keep it up, Democrats! Keep indulging that inner totalitarian just screaming to get out.

See what happens.

Comment of the Day: “From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade”

/ Jack Marshall / 42 Comments

How to construct public policy regarding trans individuals is an increasingly varied and controversial ethics controversy (with another Ethics Alarms post on the topic in progress). This another whiplash ethics area where events and attitudes are moving and evolving too fast for some reasonable people to process. I remember as a child reading a vintage Readers Digest article about Christine Jorgensen and having my father answer my questions about her by saying, “He’s a freak.” The dialogue on the related issues here at Ethics Alarms is always  enlightening, in part because we have the benefit of some very well-informed authorities on the topic.

Pennagain added this impressive post to the latest round in the debate, in response to another commenter’s opinion. Here is Pennagain’s Comment of the Day on the post, “From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade”:

As far as I could find, the conclusion of Scientific American’s January 2016 article, “Is There Something Unique About the Transgender Brain,” speaks to the results of the all the legitimate studies that have been done to date: . . . given the variety of transgender people and the variation in the brains of men and women generally, it will be a long time, if ever, before a doctor can do a brain scan on a child and say, “Yes, this child is trans.”

So far,  so good. Nothing is proven either way as far as brain differentiation is concerned. But your personal observations are not at that level of science; they are your unsupported (and insupportable) opinions. The problem with that kind of observation is that it can easily be turned on its head, as with “Direct observations by my family, from many teachers and administrators: kids who want attention (for various reasons) tend to come out as trans.”

It’s rather: “Kids who are trans or gay tend to stand out and naturally attract attention.” What’s more, those who observe with knowledge can tell the difference easily.

What’s happening here is a common confusion between sexual orientation and gender identity. As simply as I can put it:

“Gay,” “Lesbian” and “Bisexual” refer to sexual orientation, in other words – who you are attracted to, namely, people of the same gender.

“Transgender” is a gender Identity: how you identify yourself in terms of maleness or femaleness. For a transgender person, the gender identity is one that is different from your biological sex. It can, in fact, have nothing whatsoever to do with whom you are attracted to.

Part of the confusion is that being queer (the word being back in vogue, stuck onto the LGBT as Q) designates one whose gender is known as fluid. In other words, the “stand outs” on the playground and even throughout their lives are those whose behavior is often that of the “opposite” gender. This occurs for two reasons: one is to be born with characteristics of another norm, the other is acquired as a copycat of society in general. What you don’t see,are those boys and girls, men and women, who are identical — naturally, biologically — with “straight” males or females… who can and do “pass”, as it were. Whether they look to you to be butch or femme, they are at home with their penis or vagina.

To get back to the question ‘What is the Difference between Gay and Transgender?’ – one has to do with sexual orientation (who you are attracted to sexually) and the other has to do with gender identity (who you feel yourself to be). Got it?

You are correct in thinking that transgender people, especially when in the (often difficult and painful) process of what is called coming out, used to identify as “gay,” because it was as close as they could come. But they had and have that one differentiation: the conviction and discomfort of being in the wrong gendered body. When a transgender person completes transition, he or she may turn out to have a straight orientation. Or not.

As far as your after finding that society no longer views them as special, have settled back into traditional sexuality goes, you display once again a conventional imagination in an attempt to dismiss both the reality of sexual orientation or gender identity and the complexity and difficulty of coming out against a society — a society that includes your own loved and needed ones — that hates, despises and rejects you. If you really believe this is an attention-getting pose, you are … ill-informed and unable to identify much less re-form your prejudices.

In short ‘What is the Difference between Gay and Transgender?”: One has to do with sexual orientation (who you are attracted to sexually) and the other has to do with gender identity (who you feel yourself to be). Continue reading →

The New York Times’ Smoking Gun Op-Ed

/ Jack Marshall / 20 Comments

Robert Leonard is the news director for the radio stations KNIA/KRLS. He wrote a jaw-dropping op-ed yesterday, one that only could be written and voluntarily made public by someone completely committed to the idea that the news media should decide what the public thinks, and who should run the government. That the New York Times would publish this unethical, biased and anti-democratic screed is signature significance. If the Times editors had any respect for the nation’s democratic processes or the proper boundaries of journalism, it would have regarded the column as risible and an embarrassment to its profession. Instead, the Times published Leonard’s piece in the prime left-hand column of its op-ed page.

Let’s begin with the creepy headline: “Want to Get Rid of Trump? Only Fox News Can Do It.”

No, you arrogant jerk, only democratic elections can “do it.” The entire premise of Leonard’s essay, and it is the premise that the mainstream media now believes, though won’t admit, is that journalists have the power and the obligation to take down a government they don’t approve of. That is what it is trying to do, and that is what the Times is trying to do in concert with the rest. If this was not the case, the Times would not allow such an incendiary headline in its paper.

The op-ed begins with a lie, at least a lie by the kinds of standards applied by the Times in assessing what constitutes “lying” by the President:

“President Trump’s administration is in crisis, consumed by fears of what Robert Mueller, the special counsel investigating Russia’s meddling in the election, might find. Everyone’s lawyering up — even the lawyers have lawyers.”

The Trump Administration isn’t in a crisis according to any facts in evidence. It’s a crisis because the news media wants it to be in crisis, and keeps publishing whispers from leakers  trying to undermine the administration as it says so. Everyone is “lawyering up” is a pejorative phrase intended to imply guilt: in a government investigation, anyone likely to be questioned or come under scrutiny gets legal representation, and this partisan hack knows it. Nevertheless, he is making an innuendo suggesting guilt. Nor does he have any justification that the Trump administration is “consumed by fears of what Robert Mueller might find.” That assumes there is something incriminating to find,  a false assumption, and thus a false statement.

Normally, I would stop reading at that point. This is an incompetently cooked stew of partisan, anti-Trump propaganda, not worth my time, written to appeal to the Times’ “resistance” subscribers. I continued however, because I sensed a vivid illustration of how estranged from objectivity, moderation and responsible writing the Times has become.

The op-ed continues… Continue reading →

Morning Ethics Warm-Up: 7/7/17

/ Jack Marshall / 47 Comments

1. I am afraid that today’s posts may be heavily tilted to the ongoing mainstream media implosion, depending on what other issues surface and what the Ethics Alarms ethics scouts sleuth out. Afraid, because I know that many readers here, like the news media itself (not surprisingly, but tellingly, the legacy news media isn’t reporting this story, but it is being thoroughly reported in the “new”–as in online–news media) want to pretend that it isn’t a story at all. The repeated deflection—they are deflecting, whether the mainstream media defenders can admit it to themselves or not, because the news media is destroying itself with unrestrained anti-Trump bias, and its defenders like anti-Trump bias, as they are suffering from it themselves—is “Isn’t an untrustworthy President worse than an untrustworthy news media?” The answer is absolutely not. A President’s job isn’t to be trustworthy, though being trustworthy is crucial to doing the job and maintaining the vitality of his Office. A President’s job is lead the government and use his power to keep the nation safe, free and prosperous while upholding the Constitution. A trustworthy President is more likely to accomplish those goals, and I insist that a trustworthy (that is, ethical) individual should always be preferred over an untrustworthy one who claims to have more popular policies in mind. Nevertheless, untrustworthy Presidents can have successful administrations, and have before in our history. Moreover, a President who is untrustworthy can be replaced in four years.

We don’t elect journalists. What is happening to our pampered, privileged, arrogant  journalistic establishment cannot be remedied at the ballot box, and indeed impedes effective elections. A news media that increasingly sees its function as manipulating public opinion to serve its own ideological and partisan ends threatens democracy itself. That makes the rogue news media of today a far greater threat than one incompetent President, and the more urgent ethics concern.

How will this professional ethics abdication be addressed and repaired? It must be, and the starting point has to be the journalism field’s  own recognition that there is a crisis.

2. There was a flicker of hope on the self-recognition front yesterday, when former CNN chairman and CEO Walter Isaacson, being interviewed on Bloomberg’s “What’d You Miss, lamented the current state of the media, saying that news coverage and bias was the at least partially at fault for the “enormous political divide” in the U.S.  Now leading the Aspen Institute’s education and policy studies, Isaacson said that the polarization and partisan hostility “have been exacerbated by all forms of media. People are getting more and more partisan.” He also pointedly refused to accept the standard “It’s all Fox News’ fault” rationalization, saying, “I put everybody [in the media] in the category, including all of us, that we can step back from knee-jerk partisan elections…that would be good.”

Isaacson’s statements are too mild and meek, and not exactly a ringing rebuke, but it’s a step in the right direction. I’ll take what I can get. Continue reading →

The Tangled Ethics Of Men, Women, Sexual Harassment,Sexual Discrimination, Romance, Common Sense, And “Vive La différence!”

/ Jack Marshall / 144 Comments

Mike Pence would not have a business dinner with Debrahlee Lorenzana. What’s wrong with him?

Many years ago I did a sexual harassment seminar for a New York law firm. Afterwards, the partner responsible for handling the firm’s EEOC and workplace matters told me that my ethics-based approach to the topic wasn’t sufficiently rigorous, since he believed that innocent contact between employees in the firm could spawn lawsuits. “I refuse to travel with female associates,” he told me. “I can’t be sure what they will think is harassment.”

“Wait,” I asked. “So because you’re afraid of being accused unjustly of sexual harassment, you engage in sexual discrimination?”

He sputtered something and left to arrange his sock drawer.

I think of this conversation often. I thought of it when Vice-President Mike Pence was reported as saying in 2002  that he never had a meal with a woman who was not his wife, and was promptly savaged for it by feminists and the news media. Because the new rules and practices of the workplace have developed amid contradictions and rigid doctrine rather than with attention to whether they were workable or not, Pence and that hypocritical lawyer years ago are both victims and victimizers. It is often impossible to know what ethical workplace conduct is.

The New York Times was happy to bash Pence for his candor as part of a requirement of membership in “the resistance,” but then, as is often the case for the schizoid paper, later competently and objectively examined the issue away from politics. A Morning Consult poll conducted for the paper  found that there is widespread fear of one-on-one situations, male-female interactions in the workplace.  About 25% think private work meetings with colleagues of the opposite sex are inappropriate. Almost 2/3  say it is prudent to be especially wary and sensitive around members of the opposite sex at work. A majority of women, and nearly half of men, say it’s unacceptable to have dinner or drinks alone with someone of the opposite sex other than their spouse. Continue reading →

Oh, Fine. Now I have To Defend Kathy Griffin…

/ Jack Marshall / 29 Comments

Hahaha! Boy, this just fractures me every time…

From LawNewz:

Comedian and actress Kathy Griffin has reportedly been interviewed by the U.S. Secret Service for more than an hour. The investigation is connected to a recent photograph which showed her holding the bloody head of Donald Trump.

Griffin’s attorney contends that the actress was just exercising her constitutional rights.

“She basically exercised her First Amendment rights to tell a joke,” Dmitry Gorin, a criminal defense attorney representing Griffin said. “When you look at everything in the media, all the times entertainers make videos or express themselves in other ways, you’ve never seen an entertainer, let alone a comedian, be subject to a criminal investigation.”

Ugh.

Griffin’s attorney doesn’t have to “contend” that she was “exercising her constitutional right” of free speech, she was exercising that right—-irresponsibly, recklessly, unethically, stupidly, hatefully, but she was still exercising it. There is no question that her disgusting photo was inappropriate and pure hate posing as humor, but never mind: people choosing to be hateful and irresponsible in their public speech should expect consequences, but not from the feds. Of course it chills freedom of expression for Griffin to be subjected to this kind of secret police-style grilling. It is a matter of public record that she is a comedian. It is a matter of public record that she is a professional jerk. Thus it is a matter of public record that she is a no threat to the President….just to a civil culture and good taste. Continue reading →