Law & Law Enforcement

The Washington Post’s Integrity And Trustworthiness Test Results: Mixed; Naturally, PolitiFact Flunks

/ Jack Marshall / 5 Comments
D. And that's with grade inflation.

D. And that’s with grade inflation.

The results of the integrity and trustworthiness test created by the revelation that President Obama and his Administration lied—knowingly, repeatedly, and intentionally—so that the American public would believe that the sweeping Affordable Care Act would not affect their healthcare insurance unless they wanted it to is returning information both invaluable and disconcerting.

An astounding percentage (yes, I guess I am that naive) of Democrats, progressives, pundits and journalists (there is a lot of redundancy there, I know) are mouthing transparently dishonest rationalizations, misrepresentations, deceits and talking points to avoid the simple act of admitting what  occurred and assigning just accountability for it. Either they are in the throes of desperate denial, or they really believe that the American public is so dumb that it can be spun indefinitely. In either case, we now know they can’t be trusted.

The Washington Post has completed its test, and its results are conflicted. Pointing toward an “A ” is the column by Post Factchecker Glenn Kessler, who pulls no punches: he rates Obama’s pledge that “nobody will take away” your health care plan if you like it as a four Pinocchio whopper, without qualification: Continue reading →

What A Surprise: Health and Human Services Secretary Kathleen Sebelius Flunks The Integrity Test

/ Jack Marshall / 54 Comments
When Bill Maher seems more ethical than the White House, it's time to hit the life boats...

When Bill Maher seems more ethical than the White House, it’s time to hit the life boats…

Yes, today Kathleen Sebelius joined the growing group of pols, leaders, pundits and journalists—and maybe some of your friends and associates—who have flunked the integrity and trustworthiness test created by the undeniable evidence that public support for Obamacare was predicated on a calculated lie. Asked in today’s hearing about the fact that so many Americans are now receiving letters cancelling their health care plans  that they were “happy with” (including me, by the way) because of the requirements of the Affordable Care Act, despite the President’s repeated assurances that…

“If you like your health care plan, you will be able to keep your healthcare plan. Period.”

…Sec. Sebelius replied that insurance companies have always been able to cancel plans, essentially making the deceitful argument that the current calculations were brought about by the exact same law the President promised would NOT lead to such cancellations.

This is despicable. It is also the same dishonest, insulting argument used yesterday by Marilyn Tavenner, administrator of the Centers for Medicare and Medicare Services. So this is apparently the talking point agreed upon by the Obama Administration: “Hey, we never said you wouldn’t be cancelled, just that this law wouldn’t cancel you.” But the President’s words actually did promise that nobody would be cancelled, and what he intended to convey was that nobody should fear losing their health care plan as a consequence of passing the ACA. Continue reading →

More Integrity And Trustworthiness Litmus Test Results: Jarrett, Hoyer, Tavener Flunk

/ Jack Marshall / 34 Comments

Good.

We’re making progress!

Our government after the liars are gone?

Our government after the liars are gone?

Now we know that White House Adviser Valerie Jarrett, House Minority Whip Steny Hoyer, and Marilyn Tavenner, administrator of the Centers for Medicare and Medicare Services, are cynical liars who cannot be trusted. [Update: Ranking House Way and Means Democrat Sander Levin of Michigan has joined the list, adopting the Orwellian “It’s not that people are losing their healthcare plans, they are being transitioned” double-talk trotted out on “Meet the Press” by an insurance company executive.]  The integrity and trustworthiness test provided by the revelation that the President’s three year, oft-repeated promise that

“If you’re one of the more than 250 million Americans who already have health insurance, you will keep your health insurance. This law will only make it more secure and more affordable.”

…was a calculated lie is already working like a charm!

These three were nicely outed, in addition to the proof of their own words, by Wall Street Journal blogger James Taranto. First let’s visit Jarrett, reportedly President Obama’s closest confidante who is known in Capital Hill circles as “Rasputin.” Yesterday, she tweeted: “FACT: Nothing in #Obamacare forces people out of their health plans. No change is required unless insurance companies change existing plans.” Continue reading →

Now THIS Is An Unethical Judge…

/ Jack Marshall / 10 Comments

Blind Justice

Texas Judge Elizabeth E. Coker will be resigning from her post as judge in the 258th District Court of Polk, Trinity, and San Jacinto Counties as part of a deal that allows her to resign rather than face disciplinary action. The ethical transgressions she apparently engaged in were many, shocking and outrageous.  Investigators found that she regularly engaged in ex parte communications  with members of the Polk County District Attorney’s Office, the San Jacinto County District Attorney, and defense attorneys regarding cases pending in her court, favored certain attorneys and was prejudicial toward others in both trials and court appointments, and even met with jurors, without the knowledge of counsel, while they were deliberating in criminal trials, in order to influence their verdict. Even as she was being investigated for judicial misconduct, Coker attempted to influence a material witness against her prior to that witness’ testimony before the Disciplinary Commission, and lied about it when she was questioned about her contact with that witness.

Yet as awful as all that is, these are not the most spectacular of her ethical breaches. Continue reading →

When Worlds Collide: Maryland’s Attorney General Doug Gansler Flunks His Ethics Test

/ Jack Marshall / 20 Comments

Maryland Attorney General Doug Gansler (D) is running to be his party’s nominee for Governor, which, since Maryland is one of the Bluest of states, means that success equals the statehouse, or should. But the intense spotlight that such a quest creates can be hot and unflattering, and Gansler’s character and integrity is now being called into question…especially after this photo from last summer surfaced on Instagram, showing Maryland’s top law enforcement official in the middle of a wild teen beach party at a beach house by the Delaware shore. He’s the guy in the white shirt and the cell phone:

Gensler Party

There you have it: the exact moment when Attorney General Doug Gansler, Candidate for Governor Gansler and Father of a Teenage Son Who Graduated From High School And Wants To Party With His Friends Like In “Animal House” Gansler officially collided. Many, especially many Democrats, especially many Bill Clinton fans, and definitely aspiring toyboy lawyer Brian Zulberti, would argue that only one of them is really there: Father Doug. The others, being absent, are immune from criticism. This position is popular, convenient, lazy, ethically corrosive and wrong. There is only one Doug Gansler, yes, but he is bound by three standards of conduct. When you are bound by three standards of conduct, you have to abide by the highest one.

Again, this situation focuses our attention on integrity, a core aspect of character, and crucial to ethics. Does an individual have genuine principles that he oe she lives by, or a constantly shifting set of values that are assumed and then discarded according to situation, convenient, strategy and whim? When an ethical problem arises, do others know how the individual will respond? Are his words consistent with his actions? Trust means that others can rely on an individual’s conduct, and you can’t rely on the conduct of someone whose values and priorities with the wind, locale, attention and personal desires.

Then there is the issue of judgment. Judgement is like intelligence and common sense: an individual either has it, or he doesn’t. And such traits as responsibility, accountability, honesty, prudence, dignity, loyalty  and courage come into play. I know those who embrace the private individual/professional dichotomy are stuck with the argument that the absence of  one or more of these in a private setting has no predictive value regarding public or professional conduct, but it is a hopelessly untenable position, pure denial, and ethics poison. Continue reading →

Comment of the Day: “Lessons of The Colorado ‘Trans Bathroom Harassment’ Hoax

/ Jack Marshall / 7 Comments

Australian Ethics Alarms reader Zoe Brain is the site’s resident expert on transgender issues, having professional and personal experience in the field, and she pointed me to this story, which is disturbing and revealing. I know she will continue to help clarify the issues and events involved in the ongoing comment thread, but I wanted to highlight this comment, which also provides an update, as the Comment of the Day on the post, Lessons of The Colorado “Trans Bathroom Harassment” Hoax.Here’s Zoe Brain:

“A few comments –

“1) Christian Broadcasting Network (CBN), Fox News and others have neither retracted the story nor removed it, despite being informed that it’s false in both substance and in several technical areas. For example, this trans girl transitioned two years ago, she is not “a boy who sometimes dresses like a girl”.

“2) On the other hand, the San Jose Christian Examiner, after initially and uncritically reporting what the CBN had said (they considered it a completely reliable source) and with additional rather pungent commentary, subsequently fact-checked and retracted with apologies. They left the story up as a badge of dishonour, but prefaced it with words that did indeed amount to “WE MISLED YOU, WE WERE UNPROFESSIONAL, AND WE BEG YOUR FORGIVENESS.”. I therefore nominate them for an Ethics Hero award – section “What to do when you screw up by the numbers”.

“3) Regarding timing – Continue reading →

Lessons of The Colorado “Trans Bathroom Harassment” Hoax

/ Jack Marshall / 10 Comments

“It’s a liberal world gone mad at one Colorado high school, where the rights of one transgender student have trumped the rights of other students forced to share a bathroom. The transgender student, a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom at Florence High School, Pacific Justice Institute reported.Not only have parents’ complaints gone nowhere, but the female students have also been threatened with dismissal from athletic teams and hate crimes charges if the complaints don’t stop, according to the institute, a nonprofit religious-rights organization that was alerted by concerned parents.”

 

"Jane Doe": Victim

“Jane Doe”: Victim

This was the story breathlessly reported in various forms this month by conservative media sources, including Fox News. Apparently the sole source for the claim that “a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom” is the statement that this “allegedly occurred” in a letter to the school sent by the aggressively anti-transgender, ultra-conservative advocacy group, The Pacific Justice Institute.  The PJI has prominently opposed California’s transgender bathroom law, and it seem clear that it viewed this story as a means to an end.

In a case of the conservative media playing the old game of “Telephone,” the PJI letter suggesting that such harassment may have happened was morphed into media reports that it had happened, as Fox, the Examiner, The Blaze and others adopted the story published by the online version of British tabloid, The Daily Mail, as fact. It wasn’t fact, and the Daily Mail has quietly pulled its original story. What appears to have happened is that some virulently anti-trans parents who were livid that the school permitted a boy who self-identified as female to use the female rest rooms contacted the PJI with unsubstantiated and apparently fictional claims, in order to focus hostile attention on the school. Interviewed about the incident, the school’s superintendent flatly denied that any incidents of the kind hinted at by the PJI and reported in the media actually occurred, and to this day, no evidence has been presented that they did occur, no specifics, names, quotes or facts whatsoever, just vague allegations. One student in the school provided this perspective: Continue reading →

“BULLY!” Is The New “WITCH!”

/ Jack Marshall / 28 Comments
"Bully!"

“Bully!”

The Texas father of a high school football player would have been right at home in Salem, in the British New World colony of Massachusetts, around 1692. Then, thanks to hysteria about witchcraft, a vengeful citizen could permanently set the populace against a neighbor who had offended him, say, by winning a lawsuit, stealing a recipe or looking lustfully at his or her significant other, by accusing that neighbor of being a witch. This would inevitably spark an investigation, suspicion, infamy, maybe even a trial…and if the accusation stuck, a sadistic execution, perhaps by piling rocks on the neighbor’s witchy chest until everyone heard the sounds of squishing and cracking.

The cry of “Witch!” doesn’t work so well any more, but accusing someone of being a bully works almost as well. It can cause schools to impose punishment for words and activities that have nothing to do with school, and give law enforcement officials the power to pile rocks on the First Amendment. Now a vengeful father who watched his son’s hapless football team get the just desserts of all hapless teams—losing badly—has successfully punished the victors for being stronger, faster, and better coached, by accusing the superior team—it beat his son’s squad by a score of 91-0—of “bullying.” This mandates an investigation, so the winning team’s coach is now under a cloud, and in peril of seeing his career and reputation squished and cracked.

Mission accomplished! Continue reading →

The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

/ Jack Marshall / 38 Comments

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading →

Forgetting The Unwritten Boy Scout Law: “A Scout Is Not A Destructive Idiot”

/ Jack Marshall / 29 Comments

David Hall, Glenn Taylor and his son—the first two are scoutmasters—face felony arrests after posting video, taken by Taylor’s son, of the two men destroying a 200 million-year-old rock formation at Goblin Valley State Park last week. They knock over the rock, high-five each other, cackle with joy, and then say—and this is now their defense—that a child could have been killed if the rock fell on its own. Moe, or perhaps it is Curley, also says, perhaps more significantly, “We have modified Goblin Valley!”

Some observations: Continue reading →