Law & Law Enforcement

Hiding Sandy Hook: The Gosnell Trial, Double Standards, Abortion, And Journalistic Malpractice

/ Jack Marshall / 49 Comments

Have you heard about the Gosnell trial?

The reserved press section at the Gosnell trial, because baby-killing is no longer news in America.

The reserved press section at the Gosnell trial, because, apparently, baby-killing is no longer news in America.

Neither had I until recently, and there’s a reason for that: the news media doesn’t want you to hear about it. Not just the news media, however; elected public officials, advocacy organizations, bloggers and social media-users apparently don’t want you to know about the trial either, because it graphically and sickeningly exposes the ugly and brutal side of abortion, which owes its continuing legal status  and public support to the avoidance of inconvenient truths.

Imagine, if you will, a Sandy Hook massacre that the national media and politicians decided to ignore as a “local story,” because they knew it would spark a national debate over gun control. Imagine Piers Morgan, CNN, Andrea Mitchell, Chris Matthews, Fox News and the rest scrupulously concentrating on other news stories so what they believed would pose a possible threat to Second Amendment rights would “blow over” without leaving any mark on public opinion. Imagine all of these and more concluding that the incident would be hyped and shamelessly exploited by anti-gun advocates, perhaps leading to a tipping point in societal attitudes toward gun violence, so in order to prevent this possibility, the story, and the deaths of the children, were deliberately marginalized and kept out of the public eye. Would that trouble you? Anger you? Frighten you? Would it cause you to worry that our democracy is becoming a sham, with fact and truth being manipulated so that our Constitutional rights of self-government were a sham and an illusion?

I am angry, troubled and frightened, because this is exactly what is occurring regarding the Gosnell trial. The only difference is that it is abortion, rather than guns, that unethical journalists and unethical public officials are protecting by employing a blatant double standard. Continue reading →

The Florist, The Gay Wedding And The Slippery, Slippery Slope

/ Jack Marshall / 69 Comments
OK, she's a jerk. But is it ethical to say she can't be a jerk? Isn't America about having the right to be a jerk?

OK, she’s a jerk. But is it ethical to say she can’t be a jerk? Isn’t America about having the right to be a jerk?

Arlene’s Flowers & Gifts proprietor Barronelle Stutzman had been selling flowers to Robert Ingersoll and his partner, Curt Freed, his partner, for a decade, but drew a line in the sand when they wanted her business to supply the floral arrangements for their same-sex marriage. She refused, citing her relationship with God. This week, Washington State Attorney General Bob Ferguson filed a consumer protection lawsuit against  Stutzman, drawing a line of his own.

There are legal and ethical issues mixed up here like gazpacho, and some of them are not difficult. For example, whether Stutzman should have the legal right to do so or not, her decision to reject and stigmatize long-time customers is indefensible ethically. It is cruel, unfair, ungrateful and disrespectful. They were good enough to profit from for ten years, but not good enough to accommodate at the most important time of their lives? Such conduct earns a massive ethics “Yechh.”  Continue reading →

Gov. McDonnell And The Wedding: When Ethics Hypotheticals Come True

/ Jack Marshall / 3 Comments

Reception

I thought I was dreaming when I read this in the Washington Post this morning:

Virginia Gov. Robert F. McDonnell (R) has said his daughter and her husband paid for their own wedding. So a $15,000 check from a major campaign donor to pay for the food at the affair was a gift to the bride and groom and not to him and therefore did not have to be publicly disclosed under the law, the governor says. But documents obtained by The Washington Post show that McDonnell signed the catering contract, making him financially responsible for the 2011 event. The governor made handwritten notes to the caterer in the margins. In addition, the governor paid nearly $8,000 in deposits for the catering. When the combination of the governor’s deposit and the gift from the donor resulted in an overpayment to the caterer, the refund check of more than $3,500 went to McDonnell’s wife and not to his daughter, her husband or the donor….The question of who was responsible for paying the catering bill is a key one because Virginia law requires that elected officials publicly report gifts of more than $50. But the law does not require the disclosure of gifts to the official’s family members. McDonnell has cited the statute in explaining why he did not disclose the payment in annual forms he has filed with the state.

I have taught an ethics hypothetical very similar to this in several contexts, including government, business, and legislative ethics. The lesson is that regardless of the laws, and whether a particular set of regulations designates gifts to a direct family member as creating a conflict of interest and appearance of impropriety, this kind of transaction is suspicious, probably corrupt, looks terrible, undermines trust, and should be rejected by the official whose family member is getting married. Continue reading →

Jay Leno, Age Discrimination, And Our Cultural Hypocrisy

/ Jack Marshall / 21 Comments
Jay Leno, when he was talented.

Jay Leno, when he was talented.

One of the purposes of laws is to point the culture toward more ethical awareness and eventually, conduct. In the case of age discrimination, however, this isn’t working very well, and the recent foofaraw surrounding Jay Leno’s forced exit from the “Tonight Show” gives us some hints of why this is so.

NBC and the TV reporters covering the situation (in case you have a life: Leno has been forced to give up his 30 year reign at NBC’s flagship late night show in favor of his current follow-up on the NBC schedule, the lighter-than-air Jimmy Fallon) do not disguise the reason for Leno’s ouster: he is old, or at least considerably older than Fallon. Never mind that Jay still leads in the ratings over the despicable David Letterman, the Hell-spawn Jimmy Kimmel, and Jay’s former victim, poor, betrayed Conan O’Brien at TBS. Leno is 62, so he and his gray hair are being jettisoned by NBC in its fear that Kimmel, recently installed as competition by ABC, will siphon off more and more of the younger demographic that sponsors crave. I would think it would be much easier to tell Leno to start encouraging parents to torture their children too, but hey, what do I know?

What is telling is that nobody seems to see anything wrong with this. Old guys are a drag, we all know that, I guess. How many MSNBC hosts and Democratic Party flacks have loudly proclaimed that the Republican Party’s problem is that it is run by old guys? Old guys are trouble, sooner or later, so it certainly makes sense that anyone running a business or an organization figures out ways to dump them in favor of new blood, unless that pesky law stuff gets in the way. Then, of course, age discrimination is bad, bad, bad. Continue reading →

Incompetent Elected Official of the Month: Rep. Diana DeGette (D-Colorado)

/ Jack Marshall / 11 Comments
"MMM! Guns bad! Congresswoman lazy!

“MMM! Guns bad! Congresswoman lazy!

Asked how a ban on magazines holding more than 15 rounds would be effective in reducing gun violence, Rep. Diana DeGette, the sponsor of Federal legislation to prohibit the sale or transfer of ammunition magazines holding more than 10 rounds, replied with ignorant semi-gibberish worthy of recent Miss Universe competitors. She said, and I’m not making this up:

“I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them, so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot and there won’t be any more available.”

Uh, no, Congresswoman, that’s not how it works, or the theoretical reason for your own legislation. Magazines can be refilled, like Pez dispensers. It’s not as if they have to be thrown away once they are empty. Your reason for the legislation—now read your talking points  from the anti-gun lobby!—is that shooters in the process of massacring school children will have to stop to reload after only ten bullets.

Is it too much to expect that elected officials actually understand the things they set out to regulate and prohibit? That they—OK, their staffs, then, assuming the elected representative involved can read—do a modicum of research before sponsoring legislation? That they actually know what they are talking about and answer the most basic of questions—-why will this legislation help?—-accurately and articulately?

Yes, in this case apparently it is. Like  gun control or oppose gun control, all Americans have an equal stake in competent legislators who pass laws based on knowledge, not ideological cant at the lizard-brain level of “Guns bad!!! Ban bad guns and you know, gun things!” Too much of gun regulation reform advocacy has been carried on at this level in the public and the media; for a U.S. Congresswoman to do likewise is a disgrace.

______________________________

Pointer: Tim Levier

Facts: Denver Post

Further Reflections On The Cheerleading Prosecutor (and an Ethics Pop-Quiz!)

/ Jack Marshall / 30 Comments
"By the way, counselor, nice work last Sunday..."

“By the way, counselor, nice work last Sunday…”

I wrote the post about Ina Khasin, the Fulton County assistant district attorney in the morning yesterday as I prepared for a morning ethics session for new D.C. lawyers, and had not made up my mind about whether there was or was not a legitimate “Cheerleading Prosecutor Principle” by the time I posted it. I returned to my keyboard late in the day to read the comments on the post, and finally had a chance to consider the issue carefully, benefiting from the varying perspective of the commenters. My conclusion is that for a prosecutor to indulge herself by moonlighting in a high-profile, frivolous and cognitive dissonance-generating activity like NFL cheerleading is not only weird (Ick!) but also irresponsible, and yes, unprofessional.

I’m pretty sure I’m right, too. Continue reading →

Jordan Sheard And The No-Capital Punishment Slippery Slope

/ Jack Marshall / 43 Comments
Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

One of these days, when CNN’s designated miracle-worker Piers Morgan (because making Larry King look brilliant is a miracle) is extolling the superiority of the land of his birth over the stupid, violent, individual rights-obsessed U.S., someone should ask him about Jordan Sheard. Sheard, a sadistic 20-year old bully, set his sights on a young gay man, Steven Simpson, whose offenses included, in addition to his sexual orientation,  a speech impediment, epilepsy and having Asperger’s  Syndrome. Sheard forced Simpson to strip down to his underwear and wrote gay slurs over his body, covered him with tanning oil, and set him on fire.

At his birthday party. Continue reading →

Unethical Quote of the Week: President Obama

/ Jack Marshall / 19 Comments

“The notion that two months or three months after something as horrific as what happened in Newtown happens and we’ve moved on to other things? That’s not who we are. That’s not who we are. And I want to make sure every American is listening today…Shame on us if we’ve forgotten. I haven’t forgotten those kids. Shame on us if we’ve forgotten.”

—-President Obama, at a White House event designed to re-energize the push for stricter gun control laws.

Wrong.

Right back at you, Mr. President.

Right back at you, Mr. President.

Shame on the President…for not only making a facile, lowest-common-denominator appeal for gun control regulations, but for implying that policy should be made in the heat of emotional rather than after rational debate and analysis, looking at all sides of an issue, rather than just the most sensational.

Shame on the President…for insulting principled opponents of the Democrat’s irresponsible, hysterical and cynical effort to portray the complex issue of fire arms regulation as a matter of “saving the children” by accusing them of forgetting the horrendous massacre of toddlers at Newtown.

Shame on the President…for dishonestly suggesting that the measures under consideration, good and bad, would have necessarily done anything to prevent the Sandy Hook rampage by a deranged killer. If it would not, then why is the date of the event, whether it was 10, 100, or 1000 days ago, relevant to anything? Investigators found that Adam Lanza had a 28 inch Samurai sword in his arsenal. How many children might he have killed in the same amount of time with that, rather than his assault rifle? Watch “Kill Bill, Part I” and get back to me. Continue reading →

Ethics Dunce: National Journal Writer Matthew Cooper (And Boy, Am I Sick Of It!)

/ Jack Marshall / 31 Comments
Matt Cooper apparently thinks Clarence represented murderers because he LIKED murderers. That's not how it works, Matt.

Matt Cooper apparently thinks Clarence represented murderers because he LIKED murderers. That’s not how it works, Matt.

Matthew Cooper, like so many before him who should know otherwise, confounds the role of an attorney with the views of the individual serving as an attorney. This is a disturbing chunk of ignorance for a prominent journalist to pass on to the public, and as I have before, I am honor bound to point it out, and also to say: Understand what you’re writing about, journalists!  That’s one of your ethical duties.

In a National Journal piece about Ted Olson, who argued against Proposition 8 and for same-sex marriage before the U.S. Supreme Court, Cooper writes,

“While most folks were surprised by his support of gay marriage, I wasn’t. Yes, he was a conservative. But he had also defended the press as the longtime lawyer for the Los Angeles Times and in other First Amendment cases. He’d agreed to represent Tim Phelps, a Newsday reporter, in the Anita Hill case even if Phelps’s work was damaging to the conservative Clarence Thomas. He was conservative, but not reflexively so.”

Why is this old, basic and simple principle so difficult to grasp: a lawyer does not adopt his or her client’s views by virtue of representing them or advocating for them in court or the public square! The lawyer’s views are presumed to be irrelevant to the position he or she takes for a client. As the ABA’s Model Rules of Professional Conduct state (and legal ethics has held for centuries),

“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.” Continue reading →

Predatory Service: A Tale

/ Jack Marshall / 14 Comments

Hardware

Once upon a time in Greater Washington, D.C., there was a family-owned hardware, home remodeling and garden store chain. They were big warehouse stores, and pretty much synonymous with hardware, flowers, lawns, leaky pipes, Sunday shopping excursions, and earnest, if not always rapid, service, for decades. The old chain was pretty much the only game in town too, except for a few small stores scattered around in various town squares.

Then, seemingly over-night, several new, big, warehouse hardware, home remodeling and garden stores appeared across the area. They seemed a little cheaper, but not much; what they had, however, was this fantastic service model. The place was crawling with eager young experts who not only helped you find what you needed, but who also knew how you should build it, cultivate it, paint it, or tear it down. The usual “what the hell am I doing and where is that stuff?” anxiety of a visit to the old hardware chain was replaced by a feeling of confidence and being in the hands of friendly masters of their trade. It was wonderful. Continue reading →