Law & Law Enforcement

Incompetent Elected Officials Of The Month: The Connecticut State Senate

/ Jack Marshall / 27 Comments

The Connecticut Senate this week approved a probably unconstitutional bill requiring all Connecticut colleges and universities to adopt the “yes, means yes” policy when it comes to sexual consent, similar to California’s cypto-fascist law. The bill dictates a completely unenforceable standard for sexual consent It was bi-partisan fascism, and passed 34-1. Sen. Joe Markley, R-Southington, was the lone vote against it.

According to the bill’s champion, Sen. Mae Flexer, D-Killingly,  it is “is redefining the definition of consent.” She explains that under the law, college students would be required to “say yes” or indicate nonverbally through “physical cues” that they are willing to have sex with another college student. And what “physical cues” would qualify? How about eye contact, and the kind of communications that we celebrate in the arts and literature? What about the “look of love” that Dusty Springfield sang about? Enough, Mae? How would schools enforce such a law? Cameras in every room? A panel of “physical cues” experts, watching every possible sexual encounter? Continue reading →

Unethical Quote Of The Week: Law Professor Orin Kerr

/ Jack Marshall / 19 Comments

“If I understand the history correctly, in the late 1990s, the President was impeached for lying about a sexual affair by a House of Representatives led by a man who was also then hiding a sexual affair, who was supposed to be replaced by another Congressman who stepped down when forced to reveal that he too was having a sexual affair, which led to the election of a new Speaker of the House who now has been indicted for lying about payments covering up his sexual contact with a boy. Yikes.”

—Prof. Orin Kerr on The Volokh Conspiracy.

Hatert as coachI thought more highly of Prof. Kerr, who belongs to the left end of the group of provocative libertarian legal scholars who make up the commentariat on the erudite blog, recently annexed by the Washington Post, than to believe him capable of abusing his authority with this kind of hackery. He is endorsing  the deceitful “logic” of Hustler publisher Larry Flynt.

Well no, Professor, I guess you don’t understand history properly, or government, or ethics for that matter. Clinton was not impeached for lying about a sexual affair, though that was the tactical spin placed on the impeachment by Clinton’s defenders.

Bill Clinton  was impeached for lying about a sexual affair under oath, before a judge, in court, an act that would get you, as well as any other lawyer, disbarred. If you don’t obey the law enough to be a lawyer, you don’t respect the law enough to be trusted to defend the laws of the land as President of the United States. He was also impeached for lying to a grand jury, another crime, and using his high office, his appointees and his staff to cover up his lies, which is obstruction of justice.

He was also impeached because he was President of the United States, the role model and exemplar for good citizenship, lawfulness and good behavior for the entire nation, and because the relationship in question occurred during his tenure in office, during the working day, and  with a low-level employee in violation of the principles under lying the sexual harassment law he had signed into law himself.

None of this was true of Newt Gingrich, Bob Livingston, and Dennis Hastert, the three GOP Speakers Kerr is referring to. Continue reading →

Victims, Victimizers, and Hypocrites: The Dennis Hastert Affair

/ Jack Marshall / 26 Comments

12-20-98 Copy photo from 1976 Yorkville Yearbook which shows Dennis Hastert who coached the 1976 state champion wrestling team...

Former Speaker of the House Dennis Hastert, the longest serving GOP Speaker in history, has been indicted for lying to the FBI and elaborately evading reporting requirements on large cash withdrawals for  payments he allegedly made to a male former student whom Hastert sexually abused while he was a high school wrestling coach over 30 years ago. If you want to read what is known about the unfolding Washington scandal s far, as well as partisan attempts at spin, you can try Politico, The Week, Talking Points Memo, OpenSecrets.org,  Washington Post, Bloomberg Business, The National Memo, NBC News, Washington Monthly, Outside the Beltway, The Hill, Daily Mail, Patterico’s Pontifications and The Daily Kos.

Ethics observations:

1. This is a personal and professional tragedy, no matter what else may be true. Hastert has a family, and once had a career and a relatively solid reputation. The family is still there, though wounded; the rest is gone, presumably forever.

2. Assuming that what is coming out as the reason Hastert was paying millions in hush money is in fact true, he abused his position of trust as a teacher and committed a heinous crime. Nothing that he did subsequently as a public servant, or endured as a consequence of his actions, mitigates the seriousness of that misconduct. Continue reading →

The Progressive Corruption Of And Betrayal By The Democratic Party, PART II: Hillary Denial

/ Jack Marshall / 51 Comments

dead donkey

It is not even June of 2015; the 2016 election is almost a year and a half away. Yet already there is so much smoke—but no smoking guns! Well, no new ones, anyway—around Hillary Clinton’s conduct, finances and character that it would have any major city’s fire department speeding to the source in panic. Her conduct as First Lady placed political expediency above common decency; her financial machinations were never fully unraveled but had the smell of a scam. She became Senator via nepotism rather than merit; she was made Secretary of State in a political deal. In that role, she engineered the fiasco in Libya, a “re-set” with Russia that backfired, and generally left fingerprints all over Obama’s epically failed foreign policy, including the disastrous withdrawal from Iraq.

The nation learned that she violated both her own agency’s policies and national security protocols to control her e-mails, then dumped 30,000 of them before they could be independently examined and subpoenaed by Congress. Her explanations for this ranged from ridiculous to untrue. She violated her deal with both Congress and the Obama Administration regarding accepting contributions to the Clinton Foundation from foreign governments, and attempted to use a Canadian affiliate to cover up some of them. Objective observers regard the Foundation as a huge Clinton Family advancement slush fund and a likely influence-peddling, quid pro quo device, though an uncommonly clever one. The Foundation itself has failed to meet non-profit best practices, and is regarded with suspicion in the non-profit sector by those who monitor charities. Meanwhile, the outrageous speaking fees raked in by both Clintons appear to be naked greed at best—taking scarce money, for example, for speaking to colleges in financial distress—and thinly veiled, plausibly deniable bribery at worst.

Every week–day?— brings more. Yesterday, we learned that shady Clinton advisor Sidney Blumenthal, whom the Obama Administration refused to allow Secretary of State Hillary Clinton to hire because, well, he is shady, was paid $10,000 a month by the Clinton Foundation to advise her informally on Libya. Foul. The Clinton Foundation is a non-profit charity and operating foundation that supposedly…

“convenes businesses, governments, NGOs, and individuals to improve global health and wellness, increase opportunity for women and girls, reduce childhood obesity, create economic opportunity and growth, and help communities address the effects of climate change”

…not one that “collects tax-deductible contributions under false pretenses so cronies of the Clintons can be paid stipends for work that has nothing to do with the Foundation’s mission.” Continue reading →

The Progressive Corruption Of And Betrayal By The Democratic Party, PART 1: The Return Of Paula Jones

/ Jack Marshall / 41 Comments
"Psst...remember not to smirk when you lie..."

“Psst…remember not to smirk when you lie…”

Paula Jones is speaking out again after almost 16 years. Good.

I can’t say she is an ethics  hero, for she has vengeance on her mind, and maybe even some desire to cash in…or who knows? Maybe she can get a stipend from the Clinton Foundation to keep quiet. Nonetheless, her reemergence is a good thing.  Too many have forgotten, or indeed never learned, about how she was sexually harassed by Bill Clinton when he was a governor and she worked for Arkansas, and systematically vilified and denigrated by Hillary, the Clinton team, and soulless Clinton enablers in the media before her lawsuit exposed the Monica Mess. I had even forgotten how outrageously she was treated, and I had followed the cases carefully.

I had not forgotten, however, the disgusting Democratic and feminist hypocrisy where she was concerned. Back in 1997, I remember confronting a prominent female trial lawyer, outspoken feminist, and then president of The Association of Trial Lawyers (before they changed their name to the stealth “American Association for Justice” to hide the fact that they were lawyers) whom I overheard trashing Jones as a lying, politically-motivated gold-digger. Recalling that during the Clarence Thomas hearings she had sported an “I believe Anita Hill” button, I asked her, in a room full of people, “Why don’t you believe Paula Jones, if you believed Anita Hill?” She just walked out of the room. She believed Anita Hill, whose accusation of  ClarenceThomas was entirely politically motivated and unprovable, because she wanted to. She didn’t believe Paula Jones, who had a much stronger case, because Jones was a big-haired, working-class woman who dared to try to hold accountable a powerful, liberal, serial sexual predator that her association had contributed millions to elect. She was ashamed of the answer to my question. She should have been.

Here’s Paula on the “most admired living President” and the presumptive standard bearer for the Democratic Party in 2016, who will be running on a pro-women platform and accusing Republicans of waging a “war on women”:

‘There is no way that she did not know what was going on, that women were being abused and accosted by her husband. They have both lied…She should not be running with the terrible history they have.  Who would want Bill Clinton back a second time, doing the same stuff he was doing before, philandering with women?…He does not have a right to be in the White House to serve the people the way he treated women, sexually harassing women. There were many women that came out and spoke out about what he did to them. He does not have a place in the White House to serve the American people.”

Have you forgotten? Here was the key section of Jones’s deposition that the Clinton team, guided by Hillary, claimed was all fabricated: Continue reading →

Unethical Quote Of The Month: The White House, a.k.a. President Obama

/ Jack Marshall / 31 Comments

“Today, two judges of the Fifth Circuit chose to misrepresent the facts and the law. The president’s actions were designed to bring greater accountability to our broken immigration system, grow the economy and keep our communities safe. They are squarely within the bounds of his authority, and they are the right thing to do for the country.”

—-White House spokeswoman, Brandi Hoffine, relaying the White House’s response to the Fifth Circuit’s refusal to lift the injunction blocking President Obama’s dubious plan to defer deportations for millions of undocumented immigrants, using executive order rather than legislation.

The bottomless pit of miserable White House tactics...

The bottomless pit of miserable White House tactics…

There appear to be no depths of unethical rhetoric to which the Obama White House is not willing to stoop for political gain.

The wording of the White House statement is unethical: despicable, irresponsible, and offensive to the judicial system, as well as beneath the dignity of the Presidency.

Well, of most Presidencies, anyway.

The President is free, of course, to disagree with a court decision, and may say so. To imply, however, that the two judges who formed the majority in this ruling did not make their decision fairly and legitimately, but rather “chose” to misrepresent facts and law—essentially accusing them of dishonesty, is unethical to the bone. There is even an ABA Rule of Professional Conduct prohibiting such a comment as undermining “public confidence in the administration of justice.” The President is not only a lawyer, but a former law professor. He should be ashamed of himself, and we should be ashamed of him. Lawyers have been suspended for making similar statements, and he is President of the United States, whose statements are infinitely more harmful. Continue reading →

Unethical Words And Actions Have Consequences Dept.: The Baltimore Shooting Spree

/ Jack Marshall / 21 Comments

baltimore-police-attacks

Since the Freddie Gray incident, Baltimore’s murder and criminal violence rate has climbed to record-setting levels, with over a hundred shooting deaths in the city this year. The Charm City’s police reported that 28 people were shot, and 9 of them killed, over the Memorial Day weekend alone.

Speaking to CNN anonymously, a Baltimore police officer attributed the spike to police officers in his city no longer doing their job proactively. This wasn’t a slowdown, he said, just low-risk policing, and the criminals are taking full advantage.

This seems extremely likely, and I would expect that the same phenomenon will take hold in other city police forces unless national leadership takes steps to…oh, what am I talking about? That’s not going to happen.

President Obama and Eric Holder’s racialized Justice Department planted the seeds of this with their irresponsible response to the Trayvon Martin and Mike Brown shootings, and those responses were modeled by a biased, unethical and politically ambitious state’s attorney in the Freddie Gray death. The war on police officers by African-American activists, Democrats and the Left was bound to have the result we are now seeing in Baltimore. Either the opportunistic pols, pundits and race-baiters wanted this, or they were too focused on gaining a political edge to foresee it. Now they are reaping what they have sown, and we should not allow them to deny accountability.

Why would any police officer engage in proactive policing when an unexpected turn of events, a resisting suspect or a single mistake in judgment under pressure will trigger protests and prejudging by mobs and the media, resulting in show trials ordered by cowardly prosecutors regardless of the evidence? It is a no-win situation for police, with personally, financially and professionally catastrophic consequences to an individual cop who ends up in the maw of one of these public lynchings. I expect that the next shoe in the process of dropping will be a sharp reduction in police recruits, except of the type that departments use at their peril.

There is no reason for any sane or intelligent individual to subject themselves to working conditions like this, where a disproportionate number of criminals and suspects he or she is going to encounter are African American, and any negative consequences to one of them under ambiguous circumstances will be attributed to racism, bias, homicidal tendencies or hate. We are going to end up with police forces made up entirely of insane or stupid cops.

CNN’s Carol Costello interviewed an African American community activist from Baltimore and asked the question I just did. His answer was a defiant “Because it’s their job!” Wrong. The job was not accepted with the risk of being thrown to the dogs by the Justice Department, state and local officials as an agreed-upon condition of employment. Police must be able to assume, as they once could, that the city, state and national leadership will support them and be reasonable regarding the occasional tragedies that the nature of the job will inevitably entail. Now they clearly cannot.

Had the pendulum swung too far to giving police the benefit of the doubt in every instance? Absolutely. Where the pendulum is swinging now, however, will result in urban chaos. That chaos, ironically, will fall most heavily on African American. Continue reading →

Memorial Day Ethics Hero Emeritus: Theodore Roosevelt, Jr., 1887–1944

/ Jack Marshall / 9 Comments

Teddy Jr

The latest inductee into the Ethics Alarms Heroes Hall of Honor has a familiar name that burdened him with exorbitant expectations his entire life. Yet against all odds, he managed to add to its prestige.

With some notable exceptions that you can probably name, being the son of a President of the United States has proven to be a burden and often a curse. Being the oldest son of our most flamboyant President was particularly hard on Teddy Roosevelt’s boy who shared his name, and through young adulthood, Theodore Roosevelt, Jr.  experienced migraine headaches and other symptoms of anxiety and stress. The President was even cautioned by a family friend and physician that his constant badgering was ruining his son’s health.

Young Ted still followed his father’s path to fame by enrolling at Harvard, then became a partner in a Philadelphia investment banking firm. With the U.S. entry into the Great War, Roosevelt enlisted in the army, fought in Europe, rose to the rank of lieutenant colonel, and was gassed and shot in the kneecap in 1918.  Roosevelt received the Distinguished Service Cross. He was renowned for his courage under fire as well as his unusual concern for the men under his command: at one point, he personally purchased new boots for his entire battalion. After the war, Roosevelt was instrumental in the founding the American Legion in 1919. Continue reading →

The Brelo Acquittal: Once Again, No Just Cause For Protest

/ Jack Marshall / 18 Comments

Brelo car

Nobody should doubt that there are too many instances of excessive police force, that racism must playsa factor in many of these episodes, and that prosecutors and juries give police special, and perhaps excessively generous,  consideration when cases of alleged abuse come to trial. The sheer numbers compel that concludion. However, the now routine presumption on the part of civil rights activists, much of the news media and Obama racially-biased Justice Department that every instance where an unarmed African American is killed by a police officer warrants indictment and conviction is as pernicious as racism itself, and threatens the rule of law as well as any semblance of peaceful race relations.

Every incident is not like the Walter Scott shooting in South Carolina, where the police officer’s actions were unequivocally homicidal, but the news media seems to blur the lines as much as it can. In the current controversy out of Cleveland, police officer Michael Brelo’s acquittal of murder charges was announced with headlines resembling  Slate’s “Cleveland Police Officer Acquitted for Firing 15 Shots That Killed Unarmed Black Couple,” which makes it sound as if Brelo personally executed the Huxtables while they were taking a Sunday drive. “Cleveland Police Officer Acquitted for Firing 15 Shots out of 137 That Killed Two Mentally-Ill, Homeless Addicts Under The Influence of Drugs Who Fled A Lawful Police Stop And Were Credibly Believed to Have Discharged A Firearm” would have been lengthy, but also would have been fair rather than deceitful.

The acquittal came because there was no way to determine for certain that Brelo’s shots were the ones that killed the couple.  Nor were the Cleveland officers’ presumption that deadly force was necessary unreasonable. Police had been informed that shots had been fired from the car (they turned out to be backfires from the auto), and the driver  had certainly exhibited reckless conduct. Was it necessary for Brelo to jump up on the hood of the car after multiple shots had been fired into it by other officers (the chase involved over 60 police cars)?  Were more shots fired by all concerned than necessary? Maybe and almost certainly, but neither of those facts add up to guilt for the officer, or justification for another “Hand up, Don’t shoot!” protest. Officers didn’t know the occupants of the fleeing car were unarmed, and had reason to think they were armed. They didn’t know they were a “couple,” or African American, or mentally ill.

Never mind; African American protesters are demonstrating, protesting and getting arrested in Cleveland anyway. Continue reading →

Seven Ethics Observations On The Josh Duggar Child Molestation Revelations

/ Jack Marshall / 33 Comments

19 kids

Yes, this is an Ethics Train Wreck.

First, some background:

“19 Kids and Counting” is another reality show featuring the exploitation of children for their parents fame and profit broadcast by the  cable channel TLC, the same shameless bunch that bought us “Jon and Kate Plus 8” and the trashy Honey Boo-Boo Bunch.It began as “17 Kids and Counting,” became “18 Kids and Counting,” and but for this emerging fiasco, might have kept adding numbers, and little unpaid performers,  ad infinitum.  The show featured the godly, conservative, fertile Jim Bob and Michelle Duggar and their nine girls and ten boys, all of whose names begin with the letter “J.” Since the show began, three of the children have been married and several grandchildren have been born. The series began on September 29, 2008.  February 17, 2015 marked Season 10.

In response to emerging reports that oldest son Dugger son Josh, now 27, was once accused of molesting five underage girls as a teen, Josh Duggar, his wife Anna, and his parents Jim Bob and Michelle jointly explained the circumstances, which had not been revealed outside the family until now. “Twelve years ago, as a young teenager, I acted inexcusably for which I am extremely sorry and deeply regret. I hurt others, including my family and close friends,” Josh said  in a statement. “I confessed this to my parents who took several steps to help me address the situation. We spoke with the authorities where I confessed my wrongdoing, and my parents arranged for me and those affected by my actions to receive counseling. I understood that if I continued down this wrong road that I would end up ruining my life.”

Josh then resigned from his position at the Family Research Council.

Jim Bob and Michelle Duggar had this to say about their son:

“Back 12 years ago our family went through one of the most difficult times of our lives. When Josh was a young teenager, he made some very bad mistakes, and we were shocked. We had tried to teach him right from wrong. That dark and difficult time caused us to seek God like never before. Even though we would never choose to go through something so terrible, each one of our family members drew closer to God. We pray that as people watch our lives they see that we are not a perfect family. We have challenges and struggles every day. It is one of the reasons we treasure our faith so much because God’s kindness and goodness and forgiveness are extended to us – even though we are so undeserving. We hope somehow the story of our journey – the good times and the difficult times – cause you to see the kindness of God and learn that He can bring you through anything.”

TLC cancelled the show. It said, on its Facebook page,

“Effective immediately, TLC has pulled all episodes of 19 Kids and Counting currently from the air. We are deeply saddened and troubled by this heartbreaking situation, and our thoughts and prayers are with the family and victims at this difficult time”

Then GOP presidential candidate Mike Huckabee issued his own Facebook statement in support of Josh and the family:

“Janet and I want to affirm our support for the Duggar family. Josh’s actions when he was an underage teen are as he described them himself, ‘inexcusable,’ but that doesn’t mean ‘unforgivable.’ He and his family dealt with it and were honest and open about it with the victims and the authorities. No purpose whatsoever is served by those who are now trying to discredit Josh or his family by sensationalizing the story. Good people make mistakes and do regrettable and even disgusting things. The reason that the law protects disclosure of many actions on the part of a minor is that the society has traditionally understood something that today’s blood-thirsty media does not understand—that being a minor means that one’s judgement is not mature. No one needs to defend Josh’s actions as a teenager, but the fact that he confessed his sins to those he harmed, sought help, and has gone forward to live a responsible and circumspect life as an adult is testament to his family’s authenticity and humility. Those who have enjoyed revealing this long ago sins in order to discredit the Duggar family have actually revealed their own insensitive bloodthirst, for there was no consideration of the fact that the victims wanted this to be left in the past and ultimately a judge had the information on file destroyed—not to protect Josh, but the innocent victims. Janet and I love Jim Bob and Michelle and their entire family. They are no more perfect a family than any family, but their Christian witness is not marred in our eyes because following Christ is not a declaration of our perfection, but of HIS perfection. It is precisely because we are all sinners that we need His grace and His forgiveness. We have been blessed to receive God’s love and we would do no less than to extend our love and support for our friends. In fact, it is such times as this, when real friends show up and stand up. Today, Janet and I want to show up and stand up for our friends. Let others run from them. We will run to them with our support.”

Observations: Continue reading →