Law & Law Enforcement

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments
"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

Facebook’s Promote Policy: Annoying And Perhaps Stupid, But Unethical?

/ Jack Marshall / 19 Comments

Zuck34_fbblue2

I have been wading through the many online complaints about Facebook’s  aggressive policy, begun in earnest back in 2012, of reducing the number of “friends” a Facebook user’s posts reach (by about 85%) and then charging the Facebook user a fee to reach more of them. Frankly, as a less-than-intense Facebook user who necessarily spends most of his web-content time running a blog, I didn’t even pay attention to the “promote” button, and wasn’t even aware of the change. The Facebook revenue-generating move is described here and here, but what happened is pretty simple  and easy to understand. Having sucked a lot of people, groups and businesses into using their free service to reach family, friends, like-minded souls and potential customers, Facebook then changed the rules and is now charging for them to get the same reach that was free for quite a while. Is this unethical?

Some, indeed many, think so. Here is the New York Observor:

“This is a clear conflict of interest. The worse the platform performs, the more advertisers need to use Sponsored Stories. In a way, it means that Facebook is broken, on purpose, in order to extract more money from users. In the case of Sponsored Stories, it has meant raking in nearly $1M a day.”

This is Dangerous Minds, in a widely circulated attack on Facebook called “I want my friends back”:

“It’s perhaps the most understated stick-up line in history, worthy of a James Bond villain calmly demanding that a $365 million dollar ransom gets collected from all the Mom & Pop businesses who use Facebook. How many focus groups do you reckon it took until Facebook’s highly paid marketing and PR consultants finally arrived at such an innocuous phrase for describing information superhighway robbery?”

Robbery? Conflict of interest? A hold-up? Bait and switch? This is the kind of tantrum that shows how easy it is for unscrupulous politicians to use the profit motive, free enterprise and capitalism as cheap scapegoats for every problem under the sun, all the better to build support for a massive, all-powerful government that will make everything right, and ensure that we all have lollipops and rainbows regardless of talent, effort, hard work or the cruel turns of fate.* Facebook created this service millions use for free—how dare the bastards try to make money out of their ingenuity and enterprise? Don’t we all, in a real sense, own Facebook? Shouldn’t we? Continue reading →

The News Media’s Self-Degradation Continues: The Unethical Sliming of Chris Christie

/ Jack Marshall / 21 Comments

Yellow Journalism

You have to feel for Christie, who as a Republican moderate can literally find no news media organization that isn’t determined to destroy him, facts or fairness be damned. As a Republican, he is assured of being treated like the Devil incarnate by MSNBC no matter what he does or says.  As a proven leader of talent and charisma who poses a threat to the media’s relentless anointment of Hillary Clinton (a WOMAN!!!)—who has displayed neither— as the next President,Christie has a giant target on his back that the mainstream media cannot resist. As non-hateful Republican who is capable of bi-partisan conduct, will shake the President’s hand and has social positions to the left of Pat Robertson and Rick Santorum, Christie is also persona non grata at Fox News.

Thus it was that a completely self-serving, borderline unethical letter seeking financial benefits for his client sent by the lawyer of the former Port Authority official who personally oversaw the lane closings at the George Washington Bridge was turned into a “bombshell” yesterday and this morning, with headlines and breathless talking head claims that are completely, utterly, irresponsible, dishonest, misleading, unfair and wrong. Here’s a sample:

  • “Christie Linked to Knowledge of Shut Lanes” (NY Times) Untrue. He has not been linked. A lawyer hinted that some evidence suggesting he might be linked exists, or is said to exist, somewhere. That is not being “linked.”
  • “Chris Christie should resign if bombshell proves true” (Star-Ledger) And if it’s proven that I am a cucumber, I should jump in a salad.
  • “Chris Christie just got thrown under the bus in that traffic jam scandal that has jeopardized his presidential ambitions.” CBS’s Scott Pelley. By the press, perhaps.
  • “Explosive new allegations about Chris Christie. Tonight, the man at the center of the bridge shutdown scandal says the governor isn’t telling the whole truth. He says there’s evidence to prove it.” NBC’s Brian Williams. “Lawyer of accused official facing charges says it’s someone else’s fault!” This is headline news?
  • “This is a hugely significant development in the investigation! It’s a direct challenge to the credibility of Governor Christie.” NBC reporter Michael Isakoff Wrong. It’s significant if it’s true. There is no more reason to believe it is true than to believe it isn’t.

No, Michael, what this is is a journalistic disgrace and an example of intentionally misleading, partisan and biased reporting.  The context of the statement being pumped up into a crisis for Governor Christie was omitted in every one of the hysterical “We got him now! media reports until deep into the published or broadcast account, if it was mentioned at all….in other words, well after the point where the average member of the public stops reading or listening. This is unconscionable. It’s disgusting. It is gutter reporting, and rotten journalism. What if each report, as it should have, framed the story this way:

“In today’s new, the lawyer for David Wildstein, the ex-Port Authority official facing indictment in the bridge-closing scandal that has rocked the administration of New Jersey Governor Chris Christie, is using the threat of his client revealing undisclosed evidence indicating knowledge and involvement by the Governor as leverage to have Wildstein’s criminal defense, including the lawyer’s own fee, paid for by the state.”

Because that’s what the story really is.

Take the time to read the entire letter in question, not just the sections I have bolded. Naturally, most of the news reports referenced the letter without actually allowing us to read the letter. The New York Times made it damned difficult to read the letter online, but at least it was there. Here is the whole thing. I’m sorry, but the issue can’t be understood without reading all of it. The letter is from Wildstein’s lawyer, Alen Zegas, to Darrell Butchbinder, who is the General Counsel for the Port Authority: Continue reading →

Ethics Dunce (Again): Washington Post Columnist Richard Cohen

/ Jack Marshall / 107 Comments
No danger of an innocent being unjustly executed here...

No danger of an innocent being unjustly executed here, Richard…Now what?

Most Ethics Dunces named on Ethics Alarms are being chided for one, possibly anomalous, instance of ethics cluelessness, but not Richard Cohen. He is a lifetime, career-long ethics dunce. It is noteworthy when he writes something that doesn’t reek of ethics confusion.

Today he is blogging about the death penalty. There are coherent, powerful arguments that have been and can be made against the death penalty, but Cohen doesn’t bother with any of them, which, as a reflex old-school liberal, he should at least know by heart. No, he attacks the decision of Eric Holder to approve his Massachusetts U.S. Attorney’s request to seek the death penalty for Dzhokhar Tsarnaev, the surviving Boston Marathon bomber as “political cowardice using one invalid argument after another, and by the way, curse you, Richard Cohen, for forcing me to defend Attorney General Holder.

Here are Cohen’s “arguments”:

  • The death penalty is a horrible crime on par with Tsarnaev and his brother intentionally killing and maiming innocent spectators of the Boston Marathon. Such an absurd statement carries a high burden of proof, which Cohen doesn’t even attempt to meet.
  • “[The death penalty] is the sine qua non of lack of thought, a medieval tick of the political right, a murder in the name of murder that does absolutely no good, unless it is to validate the killers’ belief in killing.” Ironically, Cohen’s post is the sine qua non of lack of thought. Since the death penalty has been around continuously since well before Medieval times, calling it a medieval tick is about as fair and accurate as calling religion, warfare, and property laws  medieval tics. Of course it does good: the fact that a vicious anti-social murderer is permanently removed from society and no longer uses up resources, space and oxygen that can be better employed in the furtherance of humanity is an absolute good, and that those contemplating similarly heinous acts are on notice that the same fate awaits them is also good. Continue reading →

Ethics Dunce: Slate Editor David Plotz

/ Jack Marshall / 12 Comments

SlateDavid Plotz, journalist and editor of the on-line culture magazine Slate, takes on the California Supreme Court in an essay in his magazine, harshly criticizing the 7-0 decision yesterday to deny Stephen Glass the opportunity to practice law in the state. Glass has been attempting for almost 20 year to persuade some state that a star journalist who was exposed as a pathological liar is a trustworthy lawyer. Plotz’s attack on the opinion as smug and self-righteous says a lot more about Plotz and his field of journalism than it does about the court. It  exposes the perils of a non-lawyer delving into legal ethics without even a modicum of research. Mostly, the exercise shows how far journalism has fallen, when the editor of a prestigious on-line journalistic enterprise essentially denies the importance of professionalism. “It’s a job,” he concludes about the law, trying to bring lawyers down to the depths of his own, thoroughly debased line of work.

Not that the decision isn’t ripe for criticism, for it is. In particular, the majority reasoning continues the legal field’s strange hypocrisy of applying a far more stringent standard to the character of those trying to get their licenses that it does to those who have proven themselves unworthy of holding them. The District of Columbia, supposedly one of the toughest jurisdiction regarding legal discipline, recently administered a mild reprimand to a Justice Department attorney who had been practicing on a suspended license for more than two decades. John Edwards, whose trail of lies while deceiving his dying wife and devising schemes to hide his pregnant mistress in order to gull the Democratic party into nominating him for President, has managed to avoid any discipline at all despite the fact that his continuing leave to practice law disgraces every lawyer on the planet. And, of course, the very same court Plotz derides now recently delivered the stunning conclusion that a non-citizen who entered the country illegally and engaged in years of lies to remain here is nonetheless fit to be a lawyer. (Naturally, Plotz liked that decision.) None of these are mentioned in the post. Continue reading →

Ethics Quote of The Week: The California Supreme Court

/ Jack Marshall / 17 Comments

stephen_glass

“Glass and the witnesses who supported his application stress his talent in the law and his commitment to the profession, and they argue that he has already paid a high enough price for his misdeeds to warrant admission to the bar. They emphasize his personal redemption, but we must recall that what is at stake is not compassion for Glass, who wishes to advance from being a supervised law clerk to enjoying a license to engage in the practice of law on an independent basis. Given our duty to protect the public and maintain the integrity and high standards of the profession (see Gossage, supra, 23 Cal.4th at p. 1105), our focus is on the applicant‟s moral fitness to practice law. On this record, the applicant failed to carry his heavy burden of establishing his rehabilitation and current fitness.”

—–The California Supreme Court, finally rejecting the application of disgraced journalist Stephen Glass for admission the the California Bar, on the grounds of trustworthiness and poor character.

This should end Glass’s efforts to enter the new profession of law after spectacularly destroying his reputation in his former one, that of star journalist for The New Republic. After he was found to have fabricated more than 40 pieces for the magazine and gone to elaborate efforts to deceive fact-checkers. Stephen Glass  (Whom I first wrote about here) was fired in 1998. Luckily for him, he was already a student at Georgetown Law Center at the time, attending its night school, as he almost certainly would not have been admitted after his public exposure as a serial liar. Glass graduated, and beginning in 2002 commenced on this long,  difficult and ultimately unsuccessful journey to professional redemption, taking and passing multiple bar exams and being rejected, first by New York and now by California.

Upon reflection, Glass may well conclude that lying to the New York Board of Bar Examiners was an especially bad idea. Continue reading →

Accommodating Minority Religious Requirements vs Human Rights: Ethicist Chris MacDonald Get The Balance Right

/ Jack Marshall / 64 Comments

garyclementEthics Alarms is an unabashedly U.S.-centric ethics blog, for both practical and philosophical reasons, but mostly practical: I can’t cover all the worthy ethical issues that arise in this country, much less cover the world. Obviously useful ethics problems arise outside U.S. borders, and here was one I missed until now.

Paul Grayson, a professor at Toronto’s York University, was confronted with a male student’s request for a religious accommodation in a class assignment so that he would not be required to interact with female students in his class. The professor denied the request because, he wrote, “it infringed upon women’s right to be treated with respect and as equals.” The student accepted his decision and completed the assignment, interacting with female students as the assignment required. That did not end the tale, however. The dean of York University’s faculty of arts told Grayson that the student’s request would not have a “substantial impact” on the rest of the class, and should have been accommodated. That, in turn, prompted a national debate in  media, religious and educational forums. Some, citing Canada’s commitment to “pluralism,” felt that the student’s religious beliefs should have trumped the culture’s commitment to gender equality and non-discrimination. Continue reading →

Ethics Quiz: The Marriage Mark-Up

/ Jack Marshall / 36 Comments

Wedding reception

The New York Times published a feature in December exposing how hotels and wedding service vendors typically charge more to couples planning wedding festivities than they do to corporations seeking the same facilities and the same services. Is the result of  gauging, market forces, negotiation inexperience by the happy couple, or something else? Is it unethical?

The article seems to conclude that the vendors are simply taking advantage of purchasers who have no sensitivity to price, especially so-called “Bridezillas.” They want what they want for their perfect day, and will pay whatever it will cost to get it. Are the venders being unethical to take advantage of what is an emotional rather than a rational mindset? After considering whether more price transparency in the wedding industry would help (the author thinks not), the piece concludes,

“Strong consumer preferences — about the flower type, bridesmaid dress, cake decorations, music style, whatever — mean less price sensitivity (what economists refer to as greater demand inelasticity). If the cocktail napkins must be blue, the happy couple will be willing to pay more for blue. So if there are enough brides out there with strong and specific preferences, who want their weddings to be the special day they always dreamed of, that’s going to push equilibrium prices higher, no matter how transparently they are displayed. In other words, the Bridezillas keep prices high for the rest of us.” Continue reading →

Virginia’s McDonnells, Masters Of Rationalization

/ Jack Marshall / 12 Comments

Former_Governor_Indicted

The only question regarding the multiple count federal corruption indictment of Virginia’s most recent ex-Governor Bob McDonnell (R) and his wife is whether or not the relevant laws are so porous that they can’t be convicted on the evidence. Did they use McDonnell’s high office for personal enrichment? Yes. Did they go to great lengths to disguise the fact? Yes. Did the Governor betray the public trust? Yes. Were the gifts, loans and cash, totaling at least $165,000, received from a dietary supplements company CEO essentially bribes? Of course they were. This is another excellent example of why the admonition that the accused are innocent until proven guilty is often technical rather than true. Based on irrefutable facts, the Virginia’s former First Couple is guilty as hell—of dishonesty, greed, corruption, obstruction of justice, bribery, betrayal of trust, the appearance of impropriety and outrageously unethical conduct. They just may not have broken any of the laws regulating those actions.

The legal case will ultimately rest on whether there was a specific, provable quid pro quo, which is to say, were the gifts and loans from Jonnie Williams Sr., former CEO of Star Scientific, expressly made in exchange for the governor’s assistance in helping his company in the state? Williams, who has made a deal, will testify that this was his understanding; why else would he allow himself to be used as a piggy bank by McDonnell and his wife? But in politics, as we all know, the myth is otherwise. Big companies give lawmakers big campaign contributions out of the goodness of their hearts and patriotic fervor, and it’s just a coincidence that those same lawmakers subsequently support laws that make those same companies millions, or block laws that would get in their way. It’s a coincidence! The Feds are going to have to show that what McDonnell did was significantly more sleazy than what virtually the entire population of Congress does by reflex, and also a clear violation of law. Continue reading →

Signature Significance Lesson: Pazuzu, The Judge And The Racist Email

/ Jack Marshall / 126 Comments
"Your Honor, uh, you're not quite yourself today.."

“Your Honor, uh, you’re not quite yourself today..”

How many racist e-mails does one have to send out before it proves one is a racist? At Above the Law, legal affairs blogger Ellie Mystal says the answer is one, and I agree. Mystal writes:

“If you send one horribly racist email that actually manages to leak out into public discourse, it’s probably not your only one. Seeing a racist email from someone is like seeing a mouse in your apartment: there’s never just one. I believe in temporary insanity, but I don’t believe in sudden onset racism that magically appears once and only once and then disappears forever. Of course, whenever anybody gets caught in a racist email scandal, they always say that it’s the only one. It’s always “Whoops, that email was racist, but I’m not racist.” The racist email is always allegedly “out of character,” and the person always claims to have shown “poor judgment.” And that person always has some apologists, as if sending one or two racist emails is just something that “happens” in the normal course of business to non-racist people.”

The “out of character” nonsense is what Ethics Alarms refers to as the “Pazuzu Excuse,” as when someone explains that his or her full-throated expression of a vile nature “just wasn’t me” and “doesn’t express how I feel,” as if their being was suddenly possessed by the evil demon that made Linda Blair spit pea soup in “The Exorcist.” People try that excuse—and absurdly often are allowed to get away with it—because, at their core, they realize that signature significance is persuasive when judging character. Non-racists simply don’t send out racist e-mails ever, even once, and one such episode, all by itself, is convincing evidence that the sender is, in fact, a racist.

The racist under discussion by Mystal was retired federal judge Richard F. Cebull, appointed chief judge for the District of Montana by President George W. Bush in 2001. In 2012, Cebull got in trouble when he sent the following e-mail to seven acquaintances: Continue reading →