Law & Law Enforcement

Ethics Verdict: The Republicans Should Vote On (And Approve) Judge Merrick Garland

/ Jack Marshall / 30 Comments

Merrick Garland

For Senate Republicans, holding hearings on President Obama’s qualified and moderate nomination for the Supreme Court is both the ethical course and the politically smart course. It is also in the best interests of the nation.

In fact, the Byzantine political maneuverings by the President and the Republican leadership, by turns petty and ingenious, have handed Republicans a political chess victory, if only they are smart enough, responsible enough, and patriotic enough to grab it. Naturally, they aren’t.

It is infuriating, and all citizens should be infuriated.

A brief review of how we got to this point of looming GOP disgrace is in order:

  • Justice Scalia died, removing a towering conservative force from the Court. This meant that almost any replacement, and definitely one named by Obama, would make the Supreme Court more liberal than it has been in many years.
  • Seizing on the opportunity to make the election a referendum on the composition of the Court (which is was going to be anyway), Mich McConnell announced that no nominee named by Obama, an outgoing POTUS less than a year from leaving office, would be considered by the Senate.
  • Democrats and their allies in the punditry predictably pronounced this to be a breach of Senate duty. Embarrassingly, records surfaced of  Joe Biden asserting the same basic principle that McConnell was arguing for, when Bush was the President. Biden, I must duly note, is an idiot, but he’s still the current Vice President. Then again, all Biden has to do is say now, “I was wrong.” As he frequently is.
  • Though many predicted that Obama would name a transsexual, disabled black Jewish Latino judge with Socialist leanings to maximize the opportunity to politicize the process, he did the opposite. He named a qualified jurist.
  • The judge he named, Merrick Garland, is a white, veteran 63-year-old judge with a distinguished record, nothing flamboyant or controversial, who is as close to a non-ideological, non-partisan moderate as any Democratic President is likely to appoint from now until the stars turn cold.

Now, if Senate Republicans were interested in doing what is in the best interests of the nation—that is,  filling the Supreme Court vacancy as soon as possible, giving proper deference to a responsible and reasonable nomination by the President, avoiding a nasty and divisive partisan fight, and ensuring that the next Supreme Court Justice won’t be an intractable leftist firebrand determined to gut the Constitution or another “wise Latina” mediocrity who will pollute the record with touchy-feely ramblings—they would leap on this opportunity and unanimously confirm Garland, saying publicly that they reconsidered McConnell’s declaration in the interest of restoring the integrity of the nomination process and returning to the time before Democrats politicized the process beyond reason in the Bork hearings, giving the President his choice, regardless of philosophical bent, when the nominee is qualified, dignified, experienced and trustworthy. like Judge Garland Continue reading →

Unethical Quote Of The Week: Nautika Harris

/ Jack Marshall / 91 Comments

miami-teen-home-intruder

“You have to look at it from every child’s point of view that was raised in the hood. You have to understand … how he gonna get his money to have clothes to go to school? You have to look at it from his point of view.”

—Nautika Harris (above, right), the cousin of a 17-year-old teen shot dead by a 54-year-old Miami woman as he tried to exit her home, which he had entered to burglarize.

Miami-Dade police say that Trevon Johnson, 17, burglarized the home of a 54-year-old old woman last week.

She was not in the house when the break-in occurred, but after being alerted by her surveillance system, she rushed home and found Johnson climbing out of a window. She shot him dead, and his relatives are outraged.

“I don’t care if she have her gun license or any of that. That is way beyond the law … way beyond,” Johnson’s cousin Nautika Harris told local radio station WFOR. “He was not supposed to die like this. He had a future ahead of him. Trevon had goals … he was a funny guy, very big on education, loved learning.”

And loved burglary, apparently. Continue reading →

The Ethics Of Judges In Love

/ Jack Marshall / 8 Comments

gavel heart

When  attorney Joe Foley represented a client in a matter before Judge Scott Drazewski in early 2011, he was unaware that the married judge was involved a year-long secret romantic affair with Judge Rebecca Foley, the attorney’s wife.

Now both Illinois judges  have been disciplined by state legal ethics authorities for failing to reveal their romantic relationship and violating multiple ethics rules as a result. The ethics commission imposed a four-month unpaid suspension on Drazewski for “egregious” judicial ethics violations, and censured Judge Foley for assisting, aiding, abetting, and not reporting his violation or their affair. Continue reading →

Now THIS Is Hypocrisy (Among Other Things)…

/ Jack Marshall / 2 Comments

Hypocrisy meter

I thought Eliot Spitzer set a high bar for hypocritical prosecutors, but Ingham County (Michigan)  Prosecutor Stuart Dunnings makes him look like a piker.

Dunnings, a well-respected prosecutor since 1997 and an outspoken advocate for ending human trafficking and prostitution, is facing fifteen  criminal charges in Ingham, Clinton and Ionia counties, including ten counts of prostitution, pandering and four counts of willful neglect of duty.

Investigators connected to a 2015 federal investigation into a Michigan-based human trafficking ring determined that between 2010 and 2015, Dunnings paid for sex hundreds of times with many women whom he contacted using escort websites. Dunnings also allegedly induced one woman to become a prostitute,leading to the pandering charge, which carried a maximum sentence of 20 years. The prosecutor’s  brother, Lansing attorney Steven Dunnings, was also charged with two counts of prostitution.

Ethics Alarms frequently finds itself annoyed by mistaken, incorrect or unfair accusations of hypocrisy, and is grateful to Dunning, who claimed to be dedicated to wiping out human trafficking and prostitution while he was really supporting both with his patronage, for giving us a clear and unequivocal demonstration of what real hypocrisy looks like.

Obviously, Democratic Base Demonstrators Are Planning To Disrupt July’s Republican National Convention In Cleveland. Here Are Seven Ethical Mandates To Prevent It…

/ Jack Marshall / 42 Comments

1. Integrity, Citizenship and Responsibility: President Obama should begin speaking, now, about the integrity of the democratic process, the duty of all Americans to respect the opinions of others, and the civic obligation to allow elections to be peaceful and fair. he should also stop sowing partisan animus, and seeking to divide the nation for the Democratic Party ‘s advantage.

2. Responsibility and Competence: The Republican Party should tell Donald Trump that he has disgraced the party’s values, that he will no longer be considered as a candidate, and that he can do his worst. (Just for fun, it should challenge Democrats to be equally responsible and disqualify Hillary Clinton for conspiring to foil the Freedom of Information Act, which is pretty obviously what the private server was all about.)

3.  Responsibility: The GOP should move the convention out of Cleveland. It may already be too late, but it needs to do this, and should have done so the second the Tamir Rice shooting occurred. Holding a national convention in that city is inviting violence. My recommendation: move it to Honolulu, so demonstrators will have to spend a fortune to get there, while placing it in Obama’s home state, bring the division he has sought and nourished into his back yard. Continue reading →

“Zodiac” And Real Lawyer, Fictional Lie Ethics

/ Jack Marshall / 5 Comments

zodiac Belli

One of the problems with being an ethicist is that every movie seems like an ethics movie.

I watched “Zodiac” last night, struck by how much it resembled “Spotlight,” and not just because Mark Ruffalo had similar roles in the two films. It is a long, intense 2007 movie about the frustrating 1960s and early 1970s manhunt for the serial killer who called himself the “Zodiac” while killing seemingly random victims in the San Francisco Bay Area, and taunting police, Jack the Ripper-style, by sending them  letters, blood stained clothing, and in a special touch, ciphers mailed to local newspapers. The case remains unsolved.

What set off my ethics alarms, however, was a scene based on an actual incident in the case. From the website “Zodiac Killer Facts”:

On the night of October 11, 1969, the Zodiac murdered cabdriver Paul Stine and removed a portion of the victim’s shirt. Days later, the killer mailed an envelope to the offices of The San Francisco Chronicle. Inside, the Zodiac had included a blood-soaked piece of Stine’s shirt along with a letter that traumatized the Bay Area for decades. In his customary cavalier style, The Zodiac wrote, “School children make nice targets. I think I shall wipe out a school bus some morning just shoot out the frunt tire and pick off the kiddies as they come bouncing out.”

The Zodiac’s threat to assassinate school children terrified children and parents everywhere, and created a nightmare of security concerns for police and school officials. Armed men escorted children to and from schools while patrol cars and even aircraft followed along and monitored the surrounding area. As media coverage of Zodiac’s murderous plans increased and fears of a horrific ambush grew, a local television station was the setting for a chilling scene.

In the early morning hours of October 22, 1969, the Oakland police department received a phone call from a man claiming to be the Zodiac. The caller said he wanted famous Boston attorney F. Lee Bailey to appear on a local television talk show, but told the operator that he would settle for San Francisco lawyer Melvin Belli in the event Bailey was unable to appear.

Hours later, Belli was the guest on the show with host Jim Dunbar. A man called the KGO television station several times, and, in conversation with Belli, claimed he was the Zodiac and that his name was “Sam.”

Continue reading →

Would Gun Rights Advocates Support “Jamie’s Law”?

/ Jack Marshall / 83 Comments

shot by kid

I’m proposing a new gun control law that would be named after Jamie Gilt, who this week was accidentally shot in the back by her 4-year-old son, who was seated in the back seat of her truck at the time. The child had picked up a .45 handgun that she had left on the floor of the vehicle. “Jamie’s Law” would ban gun ownership for life if an adult leaves a firearm, loaded, within the reach of a child below a certain age. Personally, I’d be fine if the cut-off was 18, but just to keep the law as close to Jamie’s situation as possible, let’s say 10 or under. Would that be unreasonable?

We could make the law really specific to Jamie, who is an idiot, by banning gun ownership by anyone who leaves guns lying around for kids to play with AND maintains a Facebook page called “Jamie Gilt for Gun Sense,“…well, with their name, not Jamie’s. Yes, Jamie—did I mention that she is an idiot?—did this while promoting responsible gun ownership. I wonder what she would consider irresponsible gun ownership. Maybe giving a child a loaded gun to suck on, instead of a pacifier.

I’m not too fond of the million or so anti-gun types who went on the page to insult and berate Jamie, who is in the hospital. (I see that the page has been taken down since last night.) I’m sure she feels bad enough already, in part because she was shot and also because she will be the face of foolish gun owners for the foreseeable future. What she should feel is lucky. The only difference between Jamie and Veronica Jean Rutledge, shot dead in a Walmart by her two-year-old in 2014, is moral luck. Actually, what Gilt did was more reckless that the conduct that killed Rutledge: Gilt was driving, and Rutledge at least had her gun in her purse, not in plain view. Both Rutledge and Gilt were lucky their children weren’t killed.

What do you think about Jamie’s Law?

Maybe gun owners who do this should be banned from having custody of children, too.

(Of course, it goes without saying that they would be presumed innocent until proven Gilty….)*

_______________________

*I’m sorry, I really am, but there’s a place in Hell for people who pass up set-ups like this.

Observations On The Democratic Candidates Debate In Flint, MI.

/ Jack Marshall / 47 Comments

Dems debate

Here’s the transcript.

1. The smug comments from Democratic pundits and operatives about how “substantive” the Democratic debates have been and how “ugly” and “childish” the GOP debates have been is really nauseating, and the news media should flag it as such. When one candidate is ugly and childish, as well as shameless about being so, the other candidates have little choice but to get down in the mud. That’s the situation in the Republican debates, and that is entirely due to Donald Trump. When, meanwhile, one candidate is notable for lack of trustworthiness and dishonesty, and her only opposition refuses to reference the major reason the public (accurately) believes her to be so,  the resulting debate will be muted. Sanders, in short, isn’t doing his job. That’s nothing for Democrats to be smug about.

2. Last week it was learned that at least 2,079 emails Clinton sent or received on her unsecured, private server contained classified material, though she initially said that she handled no classified material whatsoever. That’s at least 2,079 lies. We learned that she received those emails on two devices , a BlackBerry and an iPad that she received in June 2010, despite the fact that she said, after news broke about her personal email account,  she’d done this as a matter of convenience so she would not have to carry two devices, saying, “I thought it would be easier to carry just one device for my work and for my personal emails instead of two.” This was also a lie.

We learned that many, many  people, including lobbyists, lawmakers, White House officials, State Department employees, John Kerry and President Obama communicated directly with Clinton using her personal email address. This is just another part of the Obama Administration Ethics Train Wreck, Outrageous Arrogance and Incompetence Division. That so many should have reported it and didn’t, as well as stopped it, is no excuse for the corrupted Clinton enablers to latch onto, and it doesn’t make what she did any less outrageous and reckless. It doesn’t excuse her irresponsible conduct at all. It just shows how lazy and amateurish others were as well.

We earlier learned that hackers with ties to Russia tried at least five times to access Clinton’s account over a four hour period  on the morning of Aug. 3, 2011, by sending her emails. The Clinton campaign says there is no evidence to suggest she opened them, giving the hackers access to her computer. That is just moral luck.

Finally, we learned this week that Hillary Clinton, as Secretary of State WROTE 104 emails, using her private server, that the State Department has since designated as classified.

Was Clinton asked about anything related to her e-mail lies and incompetence regarding national security last night, or about her incompetent oversight of her own agency, which is supposedly one of the credits that makes her so qualified to be President?

No. That’s a breach of competence by CNN and Anderson Cooper, with pure complicity by Bernie Sanders. Continue reading →

Hypnotist Ethics Amuck: I’ll Take the Chicken, Thanks

/ Jack Marshall / 31 Comments

Hypnotist

[I’m on the road, and have a commentary on last night’s debate to file, but it’s hard doing it right in cabs and airports. This stupid tale, however, doesn’t take as much thought.]

Like the last post, this one begins in Minnesota. Something strange is going on up there. I didn’t write about this lawsuit  a year or so ago when it first came to my attention, but it is apparently still live. It is unbelievable, but also true.

PRIDE Institute Inc. of Eden Prairie is a non-profit agency that works with lesbian, gay and transgender clients, helping them deal with “mental health, substance abuse and sexual health” issues. As a special treat for its staff, the HR department hired a hypnotist as entertainment at a staff holiday party. The hypnotist, Freddie Justice, started his act  by telling the employees that he recognized it was a work event and that they didn’t have to worry about, for example, being hypnotized to “cluck like a chicken.”  His audience put at ease, Freddie entertained the group for nearly an hour and a half, hypnotizing volunteers and persuading them to do various silly things for the amusement of their colleagues.

Then the hypnotist asked the agency’s director of human resourcesor permission to conduct a final special demonstration.. With her permission, Justice selected three female volunteers, hypnotized them and told them they were going to experience an intense orgasm, like Meg Ryan’s fake version in “When Harry Met Sally.” All three did, spectacularly so, in front of their co-workers and the CEO of the agency. Continue reading →

Ethics Alarms Ringing: A Judge Orders Citizens to Undergo “De-Radicalization”

/ Jack Marshall / 54 Comments

"You WILL feel differently about guns!"

In Minnesota, Zacharia Yusuf Abdurahman, Abdirizak Mohamed Warsame, Abdullahi Mohamud Yusuf, and Hanad Mustafe Musse  pleaded guilty to federal charges of conspiracy to provide material support to ISIS. The defendants  charged last April following an investigation into a network of young Somali-Americans  involved in  ISIS recruitment  in Minnesota. ordered the four to undergo an evaluation by a visiting German scholar, Daniel Koehler, director of the German Institute on Radicalization and Deradicalization Studies in Stuttgart. His  evaluation of the men will factor into Davis’ sentencing decisions, and will  form the basis of a “de-radicalization program” to rid the men of  their radical ideology.

The Star Tribune reports that the program will be the first of its kind in the United States. (Well that’s a relief.) Apparently such deprogramming treatments are used to “cure” radical recruits  in Europe, as hundreds of young people have left to join Middle Eastern militants.

Wait, are anyone else’s ethics alarms ringing like crazy? Mine just busted an ear drum. Continue reading →