Law & Law Enforcement

Outrageous, Unprofessional, Unethical Judge Michael Cicconetti

/ Jack Marshall / 21 Comments
Pepper spray in the face? Uh, that's not what we mean by "blind justice"...

Pepper spray in the face? Uh, that’s not what we mean by “blind justice”…

In Painesville, Ohio, Municipal Court Judge Michael Cicconetti decreed that Diamond Gaston, tried for assault for pepper-spraying another woman in the face, had to choose between spending a month in jail or getting pepper-sprayed in her face by the victim. Judge Cicconetti—the sly fox—had secretly had the pepper-spray replaced with a saline solution without telling Gaston, who was his victim. In the same week,  Cicconetti sentenced a woman who failed to pay a cab driver for a 30 mile trip to the choice of jail time or paying $100 restitution and walking the 30 miles she stole from the cabbie. This got him on all the cable news shows, so obviously it was a great idea.

Law Professor Jonathan Turley was so upset by these absurd sentences (and others he has condemned) that his blog post on the topic is (uncharacteristically) riddled with errors, as if he wrote it while screaming as tears blurred his eyes. Maybe he did. Unlike your host, Turley is usually reserved and understated, but this really got to him. Here: my view is substantially the same as his, so let’s give the professor his say (with a little editing): Continue reading →

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

/ Jack Marshall / 29 Comments
Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always––a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading →

No “War On Women,” Just Integrity: Gov. Walker Will Sign Abortion Limits Law Without Rape And Incest Exceptions

/ Jack Marshall / 74 Comments
A fetus at 20 weeks: "Sorry, kid, your dad was a rapist, so you're not human any more..."

A fetus at 20 weeks: “Sorry, kid, your dad was a rapist, so you’re not human any more…”

For such an important, life and death issue as abortion—the slavery debate of our time—the lack of prominent politicians on either side showing integrity is stunning.  Abortion on demand advocates like John Kerry and Joe Biden simultaneously claim to believe that human life begins at conception—they are good Catholic boys—while contradicting the ethical demands of those beliefs by advocating the elimination of legal protection for those human lives. Anti-abortion Republicans typically blink at the question of what they would do if a daughter or granddaughter became pregnant with an unwanted child, retreating, like Dan Quayle did decades ago, to ‘I would leave the choice to her and support her whatever she decides.’ Translation: “I believe in restricting any woman’s right to choose unless I personally know and care about them.”

Yechhh.

The other question that exposes a paucity of thought, courage and integrity in abortion opponents involves the rape or incest dilemma. Journalists, who learned in their campus cultures that abortion only involved one human life and the “thing” being removed was just an inhuman annoyance with no rights at all, consider any policy maker or politician a monster  if he doesn’t melt into a puddle when asked the “but what about…?” question and blubber, “Of course, I support abortion in the case of rape and incest…” In truth, the opposite is true. That answer exposes a callousness toward women and the lack of serious and coherent thought about human life. Continue reading →

We Have A Winner In The “False Hastert-Clinton Equivalency Sweepstakes”! Congratulate Slate’s William Salatan!

/ Jack Marshall / 12 Comments

I don’t know when William Salatan jumped the ethics shark at Slate; I used to find him fair, reasonable and perceptive. Now he has apparently gone over the Dark Side, the shadowy, ethics-free realm where the Clintons are victims of a vast right wing conspiracy. Too bad.

There is some compensation for Salatan, though. He just penned the perfect example of the Shameless Left’s attempt to exploit the fall of  former GOP Speaker Dennis Hastert to exonerate Bill Clinton, and by extension, his Lady MacBeth, Hillary, as she tries to complete her rise to power fueled by the public’s acceptance of her husband’s corrupt ways.

You can read it here, and I would hope that most of you would be able to spot, and quickly, the multiple blatant ethics bait-and-switches that Salatan employs. But for those deceived, let me provide some guidance.

Many commentators have made the point that Hastert’s prosecution looks politically motivated and unfair. He is not being prosecuted for the alleged sexual misconduct with a student believed to be the source of an extortion attempt, and paying a blackmailer is no crime. He is being prosecuted for lying to the F.B.I about the reason for his large cash withdrawals. Says Salatan:

“The critics have a point. Lying under oath and evading transaction surveillance are derivative crimes. Usually, they’re prosecuted only if the underlying offense is serious and demonstrably true. You can argue that if the core allegation hasn’t been proved, or if the core issue isn’t grave enough, it’s cheap and abusive to proceed with prosecution based purely on derivative charges. But Hastert can’t make that argument, because he made the opposite argument 17 years ago. He threw the book at President Clinton for lying about sex.”

Thus Slate’s misleading and ignorance-seeding headline, “Hastert’s Hypocrisy.” There is no hypocrisy. Moreover, like Professor Kerr, Salatan mistakenly says that Clinton was impeached for “lying about sex.”  That was a Lanny Davis/Clinton spin talking point, and it is false.. Continue reading →

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 →