Professions

#MeToo Ethics: Prosecuting To Stigmatize The Accused

/ Jack Marshall / 16 Comments

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading →

Comment Of The Day: “Now THIS Is A Level 8 Apology!”

/ Jack Marshall / 6 Comments

In this concise but rich Comment of the Day, Isaac takes on the challenge of re-writing the wildly inadequate and unconvincing apology offered by the Catholic priest who was pressured to recant his negative comments about Islam in a Sunday service.

The apology offered three days later by the chastened priest, Fr.Nick VanDenBroeke:

My homily on immigration contained words that were hurtful to Muslims. I’m sorry for this. I realize now that my comments were not fully reflective of the Catholic Church’s teaching on Islam.

 

Here is Isaac’s alternative, his Comment of the Day on the post, “Now THIS Is A Level 8 Apology!”… Continue reading →

Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition

/ Jack Marshall / 19 Comments

The good news: Other Bill’s get well bouquet (above) from the Commentariat to the fallen “Mrs. Ethics Alarms” is still thriving!

1. Humbly grateful...for all the gracious notes of forgiveness for the “Unethical Quote Of The Century” fiasco, explicated here in the early morning hours. Imagine: with all the hysterical, dishonest, apocalyptic declarations flying around the airwaves, news media and  web, I managed to write about one that was never said.

2. Ann Althouse on “rigged.” The politically neutral bloggress gave me a much needed laugh with this: Responding to the Washington Post’s Dana Milbank’s unhingery in “The Senate impeachment trial was rigged!,” Ann wrote,

Yeah, it was rigged. Everything is rigged. The election was rigged. Trump isn’t really President. The impeachment trial was rigged. The acquittal won’t count as an acquittal. If Trump wins reelection, it will be because it was rigged. It’s all rigged. The Constitution itself is rigged. What’s with that 2/3 vote requirement? Rigged. Electoral college? Rigged! Life itself is rigged!…

Bingo. Do all the people screaming about the decision not to allow witnesses remember that the Clinton impeachment trial has no  witnesses, and neither Republican nor Democrats complained?  The ones who do are hypocrites, the ones who don’t. most. I think, are inexcusably ignorant. I’m not certain the Democrats really wanted witnesses, since their alleged “bombshell” witness, John Bolton, was not going to testify that he knew the reason Trump was pushing for a Ukrainian investigation was to “rig” the election, and the GOP was going to demand to question Biden and son. as well as the “whistleblower.” I suspect that the Democrats assumed that calling witnesses would be voted down, giving them a theme that Republicans were covering up for Trump. Or maybe not. Nothing about the Plan S impeachment sham makes sense. However, the screaming at the sky over a result that was inevitable and widely known to be so years ago was also inevitable, and, one would think, embarrassing. Continue reading →

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

/ Jack Marshall / 25 Comments

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Morning Ethics Warm-Up, 1/28/2020: Transcripts! Audacious Defense Lawyers! Canadian Defamation! “Bombshells”! [UPDATED]

/ Jack Marshall / 56 Comments

Good morning…

1. Here’s a typical unbiased New York Times front page headline regarding the impeachment trial (from last week):

“One One Side, Piles of Evidence, On the Other, Heaps of Scorn”

Here’s some more scorn: there is no evidence at all of impeachable offenses on  that pile, and scorn for the President is being treated as evidence.

2. This is astounding. (From johnburger, and thanks) Check out this.

Continue reading →

Unethical Tweet Of The Month, “Enemy Of The People” Division: CNN Reporter Joe Lockhart

/ Jack Marshall / 16 Comments

Yup…a CNN journalist tweeted out a lie , let it go viral, then came back later and said he made it up, but we “know” it’s true.

A trustworthy news organization would fire a reporter who did this immediately. CNN has not and will not, because CNN is  not a trustworthy organization.

On a related track, Matt Laszlo, a journalist who works at The Daily Beast and NPR, tweeted, 
Continue reading →

Late Morning Warm-Up, 1/22/2020, Because I Wasted Two Hours Arguing With Trump Deranged Lawyers On Facebook, And Yes, I’m An Idiot

/ Jack Marshall / 16 Comments

That’s me. The bee is Facebook…

Bah!

A really low blow (among the other low blows, like the jerk who accused me of getting all of my ideas from Drudge) came from a former commenter here, who accused Ethics Alarms of being an “echo chamber.” That truly ticks me off. If the Trump Deranged don’t have the wits or open minds to test their biases where intelligent, informed, articulate adversaries are likely to  respond, that’s not my fault, and it’s exactly what the left side of the blog’s commentariat did. They didn’t rebut the position here, proven correct, that the Justice Department’s handling of The FISA warrants were part of a dangerous effort to undermine the Trump campaign and his election: they just accused me of “drinking the KoolAid” and quit, or were insulting. They never tried to argue away the smoking gun evidence of the soft coup plans A through S that I have meticulously documents since 2016, they just act as if the current impeachment excuse is justified and offered in good faith, when it is so clearly not. It’s all denial, spin, dishonesty and mob mentality. I ended up in today’s piranha tank by pointing out to a lawyer that the the fact that Trump was intemperate at a meeting of generals was not sufficient to trigger the 25th Amendment, and that lawyers, like her, shouldn’t be misleading the public by making such lame arguments. I posted the amendment, and said that “Unable” to perform the duties of the office doesn’t mean, as she and others are arguing, “Unable to perform the duties that way she and other would prefer them to be performed” and stating that approval polls do not reflect the degree to which the impeachment charade is helping to re-elect Trump.

These are the smart Deranged. Imagine what the others are like.

1. Resistance porn. “A Very Stable Genius” is the latest “tales out of school” anti-Trump book. In this it is no different from those that have gone before, from Omarosa’s tell-all on up the ethics evolutionary scale. This one was authored by Pulitzer Prize winning journalists, so naturally the news media is celebrating it as if it is somehow different. What it is a collection of mostly anonymous accounts of people who have axes to grind and scores to settle against Donald Trump, and are violating basic professional ethics to do it. Are all of the stories true? I’m sure some are, maybe most—they don’t sound out of line with what we knew about this President before he was elected. Yet they are by very nature distorted by the theme of the book and the presumed anti-Trump bias of the book’s audience. What is so alarming about Trump’s eagerness to have a meeting with Putin?  So what if he questions why U.S. businesses shouldn’t be allowed to engage in bribery abroad, when it is the accepted norm in many countries? There’s an answer to the question, but it’s not a dumb question; in fact, its one international ethicists still debate. And do you really think Trump saying to Indian prime minister Narendra Modi,  “It’s not like you’ve got China on your border” wasn’t a joke?  Taking it as otherwise is classic conformation bias and disrespect. It sure sounds like a typical Trump joke to me. Continue reading →

‘Wait…Pulling A Patient’s Tooth While Hoverboarding? Was That Wrong?’

/ Jack Marshall / 12 Comments

For some reasons, all of the dentist ethics stories I come across are really weird. So is this one.

In Anchorage, Alaska, dentist Seth Lookhart extracted a sedated Veronica Wilhelm’s tooth in July 2016 ….while riding a hoverboard. This was prosecuted as an “unlawful dental act” that “does not conform to minimum professional standards of dentistry.”

Yes, that sounds fair.

I would have said “allegedly,” except that Dr. Lookhart filmed himself while he performed this stunt (which his unconscious patient had not consented to) and texted the video to at least eight people. In the text messages, Lookhart referred to his actions as a “new standard of care.”

Yes, he’s a fun dentist.

He’s also a crooked dentist when he isn’t on his hoverboard. Lockhart was  charged with theft and engaging in a “scheme to defraud” Medicaid,  fraudulently billing at least $1.8 million to Medicaid and stealing over $250,000 from business partners.

Last week he was convicted of all charges. Veronica Wilhelm testified against Lookhart in December, saying, “What you did was outrageous, narcissistic and crazy.” Paul Stockler, the dentist’s attorney, said in court, “I want you to know that as his lawyer, I apologize for what he did on that hoverboard.”

See what I mean? Weird. What a strange ethics alarm to be missing:  “things it’s unethical to do on a hoverboard.”

Oh—-The Alaska Dental Board has suspended Lookhart’s dental license. It would have been weird if it didn’t.

_________________________________

Sources: NBC 1, 2.

The Last Ethics Warm-Up of 2019…And I Finally Figured Out How To Get Ethics Alarms Links On Facebook

/ Jack Marshall / 9 Comments

Ethical New Year!

1. Boy, am I slow. You can link to an Ethics Alarms article by using the Twitter link that every post has. This link works on Facebook, where EA has been banned with no explanation: I just tested it. So an interested reader clicks on that link, and is taken to a tweet that contains the Ethics Alarms link.

From now on, all posts will include the Twitter link to the post at the end.

2. Don Imus. The infamous “I-man,” Don Imus, died last week. He was one more example of the inherently unfair standard that shadows “shock jocks,” who are paid to be improvisational, outrageous, irreverent, and brave, but if they make one miscalculation and go too far (and what “too far” is changes quickly), their careers can end overnight. So it was that Imus and his on-air acolytes made demeaning and racially inflammatory comments mocking a college women’s basketball team, and Imus never recovered. That was even before social media mobs had reached their current strength. Imus was on AM radio and simulcast on TV; no shock jocks dare to do his act under such conditions now.  They wouldn’t last a week. From his Times obituary: Continue reading →

“Nah, There’s No Mainstream Media Bias!” As Chuck Todd Drops The Mask [Corrected!]

/ Jack Marshall / 29 Comments

[Notice of a material correction: I have corrected this post, which incorrectly stated that the words of a letter approvingly quoted by Chuck Todd on “Meet the Press” were his own words. I won’t list all the sources that confused me on this point, but I primarily blame Newsbusters for a misleading headline, “Todd Bashes Christians in MTP Rant Against Misinformation, Trump.”  Todd let a year-old letter to the Times do his ranting for him, which is a craven technique, but he did not himself “rant.” He just read a letter bashing religion as “fairy tales,” and used it in a manner that indicated that he agreed with it.

If I had been more careful reading this and similar accounts, this wouldn’t have happened. In the end, it’s my fault. However, my assessment of Todd’s intent is unchanged.

Thanks to Arthur in Maine for flagging my error.]

***

To be fair, it never was much of a mask anyway.

On “Meet the Press” today, host Chuck Todd apparently snapped, or perhaps let a letter snap for him. He dredged up a year-old letter to the Times that read,

“Why do good people support Trump? It’s because people have been trained from childhood to believe in fairy tales. This set their minds up to accept things that make them feel good. The more fairy tales and lies he tells the better they feel. Show me a person who believes in Noah’s ark, and I will show you a Trump voter.”

“Look, this gets at something,” Todd told his guest, the Times’ anti-Trump editor , Dean Baquet, “that my executive producer likes to say, voters want to be lied to sometimes. They don’t always love being told hard truths.”

Why in the world would Todd pick this faith-mocking letter to make that point? It’s a cowardly smear by proxy. He can advance the writer’s position, but if he’s criticized for it, he can always say “It wasn’t me, it was him!”

Todd and his colleagues never accept this excuse when someone they want to get retweets an inflammatory statement, though. This was exactly like a retweet….an endorsement.

You see, for all the abuse heaped on Hillary Clinton for her “deplorables” gaffe, calling anyone who supported Donald Trump over the virtuous and brilliant Hillary Clinton  a racist, a fool, and an idiot, Democrats, the “resistance,” and journalists believed it then, and they believe it now.  Chuck Todd adds the detail implied by the letter: if good people support President Trump—we know why the bad people support him—it’s because they were turned into idiots by religion! After all, the elite and educated know that religion is a crock, God is a crock, the Bible is a crock. Never mind all the “diversity” lip service. If you’re religious, you’re a dope, and you’re the problem. That’s what he thinks. That’s what most of them think. Continue reading →