Law & Law Enforcement

Ethics Villain: Rudy Giuliani Accuser Noelle Dunphy

/ Jack Marshall / 24 Comments

What a terrible human being.

I don’t mean Rudy Giuliani. Maybe the former mayor of New York City really did harass and “sexually assault” Noelle Dunphy, seen above with Rudy, after he hired her (she says) in January 2019 when the old prosecutor was 75 years old. Even if that is true—and, frankly, no man over 60 these days is likely to be able to avoid committing legal harassment, as in creating a “hostile work environment,” working closely with a young woman who is looking for offenses to protest (See: Joe Biden, the late George H.W. Bush, and too many others to count.)—Giuliani is at least partially the victim here. Use the wrong word and it’s pervasive sexism; touch a shoulder without consent and it is “assault.” Yes, there is no excuse for men of any age not to keep up with the evolution of ethics in this area and others, but kindness, compassion and the Golden Rule dictate a reaction other than lying in wait for an opportunity to exact revenge or worse, exploit a past relationship for current personal gain.

Rudy is currently under attack from all sides, primarily as part of an organized effort to punish the allies of Donald Trump, particularly the lawyers. Already named as a co-conspirator in the latest indictment of Trump, Giuliani is in the process of being disbarred in the District of Columbia on the theory that he “helped destabilize our democracy” and “done lasting damage” to the oath to support the U.S. Constitution that he had sworn when he was admitted to the bar. [No further comment from me: I have a conflict in this matter] Dunphy or her lawyer decided that this was the perfect time to pounce, with Giuliani already being savaged in the news media like anyone who doesn’t publicly reject Trump. So she not only chose now to sue him, she also included embarrassing quotes the old man made when he thought the two were alone and his comments were private.

She was, you see, secretly recording him.

And thus we have today’s New York Times headline, “Giuliani Maligns Jews and Women in Transcript Filed in Harassment Case.” What was the comment that “maligns Jews”? This:

“Jews! They want to go through that freaking Passover all the time. Man, oh, man. Get over the Passover. It was like 3,000 years ago. OK, the Red Sea parted. Big deal. Not the first time that happened.” Says the Times, “In another portion, he engaged in a derisive discussion of the size of Jewish men’s genitals.”

Sexism? “In another transcript, Mr. Giuliani says that he is physically aroused by Ms. Dunphy’s intelligence, adding, ‘I’d never think about a girl being smart. If you told me a girl was smart, I would often think she’s not attractive.'”

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Now THIS Is An Unthical Judge…

/ Jack Marshall / 4 Comments

In fact, “unethical” doesn’t do her justice.

A courtroom security camera caught Lincoln County (Oklahoma) District Judge Traci Soderstrom during a murder trial as she paged through her iPhone, checking Facebook, surfing the web, and texting as the trial went on, supposedly under her supervision. This continued for hours. The case involved the brutal murder of Braxton Danker, 2, who was beaten to death by 32-year-old Khristian Tyler Martzall. Soderstrom ordered the jury at the outset of the trial to turn off their phones. “This will allow you to concentrate on the evidence without interruption,” intoned the judge. Then she had her own eyes glued to her phone screen during opening statements and witness testimony.

After the video was discovered, the judge dealt with the scandal by having camera moved rather than try to explain or apologize for her behavior.

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Unethical Website Of The Month: American College of Forensic Examiners Institute

/ Jack Marshall / 1 Comment

This post is juuust a little bit late. The website in question is still up, but has been involved in “website maintenance” for years, though promising to be back in “a few days.” It won’t be: GOOD. However, it is instructive to consider the saga of this epically unethical website in light of the recent revelation that the most famous forensic expert of them all, Dr. Henry Lee, used fake forensic evidence to help send two teenagers to prison for 30 years for a crime they didn’t commit. It is also useful perspective for the current fealty the political Left and the mainstream media wants Americans to pledge to “experts” who will explain why progressive policy cant just “follows the science.”

When it isn’t performing its tax-payer funded role as a progressive propaganda mouthpiece, PBS is still capable of doing valuable investigative journalism. In 2012, a notable example was the Frontline series called “The Real C.S.I.,” blowing the whistle on the forensic science racket then being extolled weekly on network TV as all-but-infallible. There were a lot of head-exploders in the series, among them that fingerprints might not be as unique as we have assumed, but one of the main discoveries in the series was that criminal trials all over the country were being influenced by “graduates” of the American College of Forensic Examiners Institute (ACFEI), an on-line diploma mill founded and operated by a shady entrepreneur named Robert O’Block. ACFEI would certify someone as a forensics expert essentially for cash, though there was an “exam” that had a more than 99% pass rate. PBS interviewed a reporter who took the exam and got her certification despite knowing little more about forensic science than the average “C.S.I Miami” fan. O’Block, meanwhile, had turned fake credentialing into an empire, with 14 separate certification scams. These in turn churned out an estimated 70,000 fake forensic experts who were routinely admitted as legitimate testifying expert witnesses by judges who accepted O’Block’s meaningless certificates as sufficient proof of expertise.

O’Block also sent one certification to a prison inmate and bestowed another on his cat. ACFEI was never recognized by the US Department of Education’s Distance Education/learning Department, or the Federal Trade Commission/FTC, but most of the time neither judges nor defense attorneys took the time to check.

In 2017, O’Block, then 66, fatally shot himself after killing his 27-year-old girlfriend. On the disciples of this pillar of rectitude and ethics did a substantial segment of the American criminal justice system and its juries place their trust as they sent accused American to prison.

Investigative reporter Radley Balko wrote in part upon the occasion of O’Block’s demise,

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It Isn’t Science That’s The Problem, It’s The Scientists: The Henry Lee Scandal

/ Jack Marshall / 7 Comments

This week the “Blindly follow the science!” mob took another hit.

Good.

It is particularly satisfying that the most recent discrediting scandal has occurred in the area of forensic science, which is increasingly being revealed as a domain where far too many fake experts and dubious—but convincing to juries!—“scientific” methods dwell.

By any measure, the most famous of all real-life forensic scientists by far (I’m not counting all the “C.S.I.” and “N.C.I.S” characters and “Quincy”) is Dr. Henry Lee, known for his expert testimony in sensational criminal cases like the O.J. Simpson murder trial and the JonBenet Ramsey case. Lee, 84, is now professor emeritus at the University of New Haven’s Henry C. Lee College of Criminal Justice and Forensic Sciences—yes, it’s named after him. Yet Connecticut federal judge Judge Victor Bolden ruled last week that Lee’s analysis was substantially responsible for the wrongful convictions of teenagers Ralph Birch and Shawn Henning, who were convicted for a 1985 murder. They have been in prison for 30 years, but tests in 2008 eventually proved that when the jurors were told by Lee that stains identified as blood were found on a towel they were misled. Judge Bolden found that Dr. Lee had failed to provide evidence to support his testimony. “Dr. Lee’s own experts concluded that there is no ‘written documentation or photographic’ evidence that Lee performed a scientific blood test on a towel,” Bolden wrote, “and there is evidence in this record that the tests actually conducted did not indicate the presence of blood.”

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It’s Unethical For Democrats, the News Media And Activists to Gaslight The Public, But On The SCOTUS Affirmative Action Smack-Down, They Did It Anyway

/ Jack Marshall / 15 Comments

The coverage of the recent rulings in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard almost universally created the impression that they were further attacks on democracy by a rogue Supreme Court, foiling the will of the people. In particular, these decisions blocking institutionalized institutional racist discrimination, which is what higher education affirmative action is, were assailed as creating disastrous hurdles to black Americans as they strive to succeed in this nation plagued by systemic racism.

Two recent polls show that this narrative was fake news from the news media and misinformation from the Left. A Rasmussen Reports national telephone and online survey found that 65% of “Likely U.S. Voters” approve of the rulings, with 49% approving “strongly”. Just 28% disapprove of the conclusion that the prohibition on discriminating by race means no discrimination by race. You can read how the questions were posed here. Another poll from YouGov/The Economist asked “Do you approve or disapprove of Supreme Court’s ruling on affirmative action?” Both sexes, all races, every age group, and every level of income approved more than not. (See here.)

Yeah, I know: polls. In this case, however, these easily manipulated surveys perform a service. The Supreme Court’s function does not and should not involve following the mob, but appealing to mob emotions has been a central strategy by progressives as they seek to de-legitimize the one branch of the government they don’t control. An accompanying myth is that the Roberts Court is an obstacle to “the will of the people,” even when, as in this case, the will of the people is supported by the Constitution and our laws.

Even after a concerted and ongoing effort to inflict Marxist goals, racial quotas and “good” discrimination on the culture, our core values have stood up to the propaganda siege—so far.

There is hope.

Why The White House Cocaine Incident Matters

/ Jack Marshall / 27 Comments

In a depressing AP story about a poll supposedly showing that a large majority of Americans don’t believe democracy is working as it should in the U.S. today, one disillusioned voter, a “moderate Republican,” singled out the GOP’s investigations of Hunter Biden as a prime example of misplaced priorities.

“Hunter Biden — what does that have to do with us?” he asked, neatly demonstrating why the Founders decided that a pure democracy was dangerous, and that a republic was much safer in many respects.

Hunter Biden is not important at all isolated from what he represents, which is strong evidence that the President of the United States is 1) lying 2) abusing power and influence to assist his pathetic ne’er do well son 3) possibly benefiting from his son’s influence peddling 4) corrupting the justice system to protect his family, and 5) untrustworthy, because he is willing to place other priorities above the interests of the United States of America. The fact that the “moderate Republican,” whose argument is that the President’s son has “nothing to do with the economy,” can’t comprehend this, is a perfect example of how most U.S. citizens don’t understand the basic concepts of ethics, government and law.

Consider the White House cocaine fiasco. A white substance in a plastic bag was found in the White House library and identified as cocaine. Hunter Biden had been to his father’s abode three days before the discovery. Hunter has been a cocaine user in the past, and there is video and photographic evidence of that. From the beginning, the White House made every effort imaginable to keep the public and the media’s suspicions going to the obvious place. On July 5, less than 72 hours after the discovery, a law enforcement source leaked to Politico that the owner of the drugs would likely never be known. National security adviser Jake Sullivan suggested the drug could have belonged to construction workers renovating the West Wing Situation Room, and Joe’s paid liar Karine Jean-Pierre flipped into indignant “How dare you!’ mode when a reporter asked if the envelope might have belonged to a Biden. She also said, laughably, insisted that the Secret Service would never allow the President to dictate how they handled delicate matters at the White House. “We are not involved in this,” Jean-Pierre said. “This is something that the Secret Service handles. It’s under their protocol.” Sure. Who believes this?

On July 13, the Secret Service concluded its investigation without naming a suspect, saying that it could not narrow the group of people who had access to the area to “a person of interest.” Hunter was never questioned. The Secret Service briefed members of the House Oversight and Accountability Committee on its findings.

Senator Tom Cotton had an amusing analogy to this narrative.”This is like if the Hamburglar lived in the White House, all the hamburgers disappeared, and they said they didn’t have any suspects or no one they could question,” he said. Meanwhile, conservative pundit and former Secret Service agent Dan Bongino says that his former colleagues are furious, and that they know who brought the cocaine into the White House, adding,

“So there’s probably less than 200 people who could have left this cocaine, by the way, in a bag which is plastic, which is non-porous, meaning it’s probably not that hard to pull a latent print. They’ve got to know who did it. The question is, who’s pressuring them to not find out who did it? And it’s gotta be coming from this White House. This is terrible. Don’t destroy this agency like the FBI. It’s really unbecoming. A lot of my former colleagues at the Secret Service who retired, they are absolutely furious about this. Oh yeah, yeah, I can tell you, I got 50 emails, communications, texts from people. ‘This is embarrassing, humiliating.’ These are good guys, man, guys who worked for Obama and Bush, non-partisan guys, most of them aren’t even political. This is embarrassing. They know exactly who it was.”

And sports bookies are releasing odds on who owned the drugs.

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On Lady Gaga’s Frenchies: Not Surprisingly, Criminals Don’t Comprehend “The Unclean Hands Doctrine” [Corrected]

/ Jack Marshall / 5 Comments

[In the original version of this post I confused readers by forgetting to erase pieces of the source article that I had pasted to the draft to save me the time of jumping back and forth between screens. My fault. Then I compounded the problem by leaving out the link. Fixed. It was all my fault; can’t blame WordPress this time.]

What a moron.

But then if criminals were smart, we’d be in even more trouble than we are…

Lady Gaga promised to pay a $500,0000 reward for the return of her two kidnapped French Bulldogs Gustav and Koji (two of the three above: sorry, I don’t know which). The pop icon’s dogwalker was shot and injured during the theft. Emulating the plot twist in the Mel Gibson thriller “Ransom,” however, one of the participants in the kidnapping scheme decided to collect the reward, arguing that because Gaga had said she would pay for the dogs’ return “no questions asked,” she was obligated even to pay someone who was involved in the crime.

Seeking the outlandish reward, Jennifer McBride was arrested when she turned in the dogs at a police station. She pleaded no contest to knowingly receiving stolen property and was sentenced to probation. I suppose the scheme was to have her collect the reward and split it with the dognappers.

After Lady Gaga warbled, “You’ve got to be kidding!’ when McBride asked for the money, McBride sued her for breach of contract.

Uh, no.

In rejecting the claim, Judge Hollie J. Fujie of Los Angeles Superior Court cited the ancient “unclean hands doctrine,” which holds that a litigant cannot benefit from a situation he or she deliberately helped to bring about by illegal or unethical conduct.

“The unclean hands doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy,” Fujie wrote, adding that the UHD “is an equitable rationale for refusing a plaintiff relief where principles of fairness dictate that the plaintiff should not recover, regardless of the merits of their claim.”

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Wait…What’s The Problem? Isn’t Mayor Wu Just Following The Tactics And Principles Of Her Party?

/ Jack Marshall / 4 Comments

I don’t understand. The Biden Administration has declared that opponents of his policies are threats to democracy. The current Justice Department has sought extreme and excessive punishment for the protesters and rioters at the Capitol in January of 2021 while ignoring the violent and disruptive acts of the George Floyd Freakout rioters and demonstrators. The Democratic Administration sought to intimidate parents who were critical of woke school boards seeking to inject sexual politics and CRT ideology into public school curricula. And yet when Boston’s mayor Michelle Wu admitted that her staff compiled a list of her most vocal critics and protesters to hand to local law enforcement authorities, the public, which in Boston is primarily Democratic and progressive, howled in outrage.

This is how their increasingly totalitarian party operates in 2023. This is what they voted for. What are they complaining about?

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One Ethics Villain Promotes Another, As The Associated Press Pimps For Black Lives Matter On Its Anniversary

/ Jack Marshall / 5 Comments

Sometimes an ethics story defies my ability to devise an appropriate headline. The AP story “Black Lives Matter movement marks 10 years of activism and renews its call to defund the police” is a prime example. The story is even worse than the headline (“activism” is a deceitful and deceptive euphemism for violence, lies, divisiveness and fraud), with the once-trustworthy news organization displaying the worst of U.S. journalism’s ethics rot.

The scam that is Black Lives Matter has done nothing but damage since its emergence in 2013, but to hear the AP tell it, this is a movement for Americans to honor. Let’s see…I haven’t checked yet, and I promise to reveal what I find: is the AP’s reporter who wrote this junk, Aaron Morrison, an African American?

Why yes, he is! What a coinkydink. This piece of propaganda could only have been written by a devoted supporter; the AP rigged the story. That’s American journalism in 2023.

Let me provide some highlights with commentary:

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Now THAT’S An Unethical Lawyer…And Maybe Two

/ Jack Marshall / 8 Comments

The Cleveland Plain Dealer reports that lawyer James Saunders, who previously worked for the Internal Revenue Service, violated the law by voting twice in both the 2020 and 2022 national elections. His public defender Scott Roger Hurley—he’s on the right above— is arguing that his client should be acquitted because it was “an accident.” “Mistakes do happen, accidents do happen,” he told the court.

Suuuuure.

Saunders voted in two separate locations in two separate states: Cuyahoga County in Ohio, and Broward County in Florida, and in both elections. “The fact that you do that in consecutive general elections I think takes ‘accident’ to the land of imaginary doubt, and not reasonable doubt,” the prosecutor said.

Ya think?

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