No, Thomas M. Cooley Law School Did Not Make Michael Cohen A Bad Lawyer, And The Fact That Cohen Got His JD There Does Not Mean It’s A Lousy Law School

Ugh. I don’t want to argue that Cooley isn’t a lousy law school, mind you, although I don’t have anything but anecdotal data of the matters, and I certainly don’t want to defend Cohan, whom I fingered as a lousy lawyer way back in 2015. ( What A Surprise: Donald Trump Has An Unethical Lawyer!). 

No, this post is about how incompetent journalists are, how they are too frequently devoid of basic reasoning and research skills, and how, particularly when they deal with legal matters, their ignorance is frequently embarrassing while it actively misleads the public.

Politico’s Phillip Shenon, who, not surprisingly, is not a lawyer, figures he can smear three parties via guilt by association with one brush in  “Trump’s Lawyer Went to the Worst Law School in America.”  But graduates of every law school succeed and fail, and while the law schools like to take credit for them, there is every reason to believe that those grads would have succeeded or failed had they gone to better law schools, or worse ones. One graduate’s misadventures prove absolutely nothing.

Roy Cohn, who  served as Senator Joe McCarthy’s chief counsel during the infamous Army–McCarthy hearings and was later disbarred, graduated from Columbia Law School. If he had graduated from Thomas M. Cooley Law School, Shenon no doubt would have thought Cohn’s alma mater was significant, but, of course, it would be a cheap shot at McCarthy and Cohn. If Cohen had gone to Columbia, Shenon could write a piece titled “Trump’s Lawyer Went to the Same Law School As Roy Cohn.”

Bill Lerach, disbarred in the class action law suit scandal involving his law firm, was considered a champion of abused investors and a social justice crusader, until he was exposed and sent to prison. He went to the University of Pittsburgh’s law school. Did that school make him do what he did? If he had gone to Harvard, or Cooley, would he have practiced law any differently?

Let’s look at Richard Nixon’s lawyers. John Erlichmann, send to prison and disbarred, went to Stanford Law School.  John Mitchell, also locked up, also disbarred, graduated from Fordham Law. John Dean, who was sent to prison and disbarred, got his law degree at Georgetown. Speaking of Georgetown, Stephen Glass, the disgraced journalist deemed possessed of so wretched character that California declared that he can never be a lawyer and have a chance to screw up like Michael Cohen, attended t Georgetown Law Center, which, as I have written about here, has a law professor who was previously a bank robber. Thomas Cooley Law School never sank that low.  Until recently, GULC also had an adjunct ethics prof who turned out to be a meth dealer. That guy, Jack Vitayanon, got his degree at Columbia Law School, just like Roy Cohn. What a coincidence! Or is it….?

As you may know, I also got my law degree at Georgetown, so if I go rogue, you know who to blame. Wait, maybe you don’t. The one to blame will be ME. Continue reading

Ethics Heroes: Good Trump, Bad Trump

Integrity among professionals and journalists is in short supply in the Trump Era, as  bias, especially partisan bias, increasingly rules the loyalties, judgment  and minds of all but a few. Here are a couple recent examples of those few…

Ethics Hero: Ian Bremmer

Foreign policy expert and Eurasia Group President Ian Bremmer, often a harsh critic of President Trump,

…Unequivocally credited the President for the major diplomatic breakthrough with North Korea.

…chided those refusing to give him proper praise for the achievement, and

…did this on MSNBC, where fairness to President Trump is as welcome as an evolution lecture on the “700 Club.”

Bremmer told a shocked Stephanie Ruhl:

“But we have to give him credit. Look, as you know, I’ve been critical of President Trump probably 90% of the foreign policy decisions he’s made since he’s become president. Not the whole administration, but certainly stuff he said. But on this issue, on North Korea, the only way you say that Trump isn’t part of it is if you’re just a partisan, if you’re just being illogical. And that’s not – I mean, I understand that that’s good for eyeballs, but it’s not good for our country.”

Wow! What a concept! Continue reading

Morning Ethics Warm-Up, 5/3/2018: Katie’s Rationalization, Teachers’ Extortion, Rudy’s Zugswang, And Kanye’s Influence

Goooood morning!

(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)

1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!

The mystery to me is why  current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.

Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…

“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”

Yet on “The Wendy Williams Show” this week, Couric “explained”…

“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”

Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.

Second, Couric is engaging in The Golden Rationalization: “Everybody does it.”

2.  Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like  the air traffic controllers strike in  1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that  “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.

Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective?  What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.

This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading

Instagram Busts A Lawyer’s Lie

New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse.  Luckily, Franco had an excuse, or so she thought.  She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.

Let’s call this particular social media gaffe Ferris Bueller’s Mistake.  For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that.  There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.

Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the  false itinerary.

Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading

Morning Ethics Warm-Up, 5/2/18: Dictators, Wizards, Liars and Abusers [Updated]

Good morning!

1 Housekeeping matters. For some reason, I know not what, there was an outbreak of contentious discussion regarding Ethics Alarms administration in a couple of threads yesterday. I think everything covered or complained about is covered in the Comment Policies above, but just for the record:

  • I handle the moderation here. Only me.
  • Though it might appear otherwise to some, I do not spend my day glued to Ethics Alarms. Thus on days like yesterday, when I had an early morning CLE session to teach in D.C., followed by one  law firm client emergency after another, I did not see any comments at all from 1am to 6 pm. Thus the hysterical and indignant “Why did you delete my comment?” outbursts and the “How dare you allow that rude comment to stay on the site?” and the ultimata springing therefrom were especially silly, unfair, and ill-informed.
  • I am not your Moderation Monkey. Don’t command me on how to police my own site. Thank you.
  • As I have written many times, occasionally a comment from an approved participant gets spammed for no good reason. Sometimes WordPress, for no apparent provocation, starts spamming the comments of visitors here who have been commenting for years. Sometimes such commenters have had to change their screen names as a result. None of this has anything to do with me: I can’t control it, or predict it. The calm, reasonable commenters faced with this crisis generally e-mail me, then I search the spam archives, find the lost post, send it to moderation, and approve it.
  • I do not delete posts from approved commenters. The exception is when I ban a commenter permanently, or give one a time out, which is a temporary ban or suspension, in which case the commenter is always warned in advance.
  • I expect discourse here to be civil, but will excuse momentary and periodic lapses and outbursts from veteran commenters (and me, of course), in direct proportion to their time here, level of participation and constructive value to the mission. Individual quirks will also be taken into consideration.

2. Remembering the David Manning Liar of the Month: A commenter who hails from the old Ethics Scoreboard days recently referenced the feature there called the David Manning Liar of the Month. A David Manning-style lie is a statement that the speaker or writer can’t possibly expect anyone to  believe, thus raising the question of whether it is a lie at all. (Sony spawned the award by excusing its use of a fake film reviewer it named David Manning to rave about terrible movies in ads,  claiming that nobody believed such excerpts anyway.) If Ethics Alarms had the same feature, President Trump would obviously dominate it, as I was reminded this morning. The President’s ex-physician, Dr. Harold Bornstein. bitter over his ejection from the Trump Court, revealed that Trump himself had dictated the absurd letter in which the doctor attested, Continue reading

The Paid Expert Witness Problem [UPDATED And CORRECTED]

“Check enclosed…”

When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.

Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client  a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.

But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading

Stelter, Wolf, And The Mainstream News Media Unmasked

NBC says that many journalists at the White House Correspondents Dinner were embarrassed and angry about her ugly attacks on the President, his family, and his staff, as you can plainly see from the reaction of the guests to the comic after her performance….

Observations on an ethics fiasco:

1.  I can’t decide if I regret not writing about Brian Stelter’s self-rebutting, smoking gun screed  excoriating the President for not attending the annual White House Correspondents Dinner before the dinner took place, as was my original intention. It looks even more ridiculous after the dinner, which, as even a fool could have predicted, was a festival of Trump-hate. One reason I didn’t write it earlier was that I had written essentially the same post earlier this month,  after two Washington Post writers criticized the President for not throwing out the ceremonial first pitch when the Washington Nationals opened their season. I wrote in part,

Boy, you can’t get much more intellectually dishonest than this. Gee, why wouldn’t the President subject himself to loud, open-air jeering from the majority of a crowd of 40,000, a demonstration of contempt that would be played over and over on CNN, MSNBC,  NBC, CBS and ABC, with mocking commentary? What a puzzlement! I have no theories, do you?… Boy, I cannot imagine why President Trump wouldn’t be eager to walk into this trap. The dishonest authors of the Post article,

They want to see the President embarrassed, and are disappointed that he isn’t so foolish as to allow himself to be…

Well, I was wrong. You can get more intellectually dishonest, and CNN’s hack media critic, Brian Stelter, was just the man for the job.  In an essay that managed to pretend that the journalists at the event, including him, hadn’t spent three years denigrating and ridiculing Trump personally and 18 months trying spin the news to drive him out of office, he wrote in part,

Presidents don’t always want to show up and tell jokes and socialize with the press corps, but until now it’s been a part of the job in the modern media age.

“Historically presidents have felt that it’s important to send the signals, both to Americans and to the rest of the world, that they support this sort of quintessential part of American democracy, the First Amendment,” correspondents association president Margaret Talev said on CNN Saturday morning.

Trump evidently believes it’s politically advantageous to snub the affair and hold a rally instead. “Big crowd tonight, will be live on T.V.,” he tweeted on Saturday morning.

Well, he certainly doesn’t believe it’s politically advantageous to walk into an event where he has a target on his back, and have to sit quietly with a forced smile while everyone laughs as he is humiliated and insulted. Until now, it has been part of the job of journalists covering a presidency in any age to display a base level of respect for the man in the office, because he is in the office. Before Trump, journalists could be expected to treat Presidents with respect at least for a single night. Not now. Who would not assume that last night’s dinner would be a Trump-bashing orgy whether he attended or not? Is Brian Stelter unethical beyond belief, or is he just stupid? I have frequently wondered, and his article made me wonder more. The President isn’t doing his job by not allowing vicious and unethical journalists to undermine him in a public display of contempt? I am grateful to the President for avoid such an embarrassment for the office and the nation.

As for Taley, whom we will hear more of later, what self-serving crap.  The news media has disgraced itself and its mission, and neither President Trump nor any American citizen should support the way today’s journalists abuse their special status. Trump would be a hypocrite to help corrupt and biased journalists celebrate their poisoned craft, and to applaud while they pat themselves on the backs for misinforming, inflaming and dividing the American public.

2. Then came the actual dinner, and it was worse than even Trump could have imagined. Gee, Brian,  now what do you say? Were you shocked? Really? You couldn’t see this coming? Can you see now that the President was wise—not that it took any great feat of analysis, though it was obviously beyond your meager intellect— not to force Americans like me—you know, those who respect the office and still are stirred when they hear “Hail to the Chief” no matter who the Chief is—to see the office denigrated and insulted while arrogant, entitled, ink-stained wretches guffawed? He had a duty not to attend. Do you understand now?

3. As I noted in yesterday’s warm-up, the hired entertainment, deliberately recruited from the cabal of anti-Trump cable and network comedy shows, delivered as she was expected to, and was uniformly vile, even to the members of the White House staff who were the journalist’s guests. The representative Ethics Dunce for the fiasco was Bloomberg correspondent and president of the association Margaret Talev, who dropped one astoundingly disingenuous statement after another to rationalize it.

“My goal in putting together last night’s dinner was to unify the room and the country around journalism and the First Amendment, and I shared what I believe about those subjects in my own remarks,” she said at one point. Yeah, having the President of the United States called a pussy, a Nazi, a racist, a misogynist,  xenophobic,  unstable, incompetent and impotent is obviously the way to do that. After Michelle Wolf’s ugly act was widely panned, Talev said,

“The association, by tradition, does not preview or censor the entertainer’s remarks. Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Ugh: Continue reading

Wow! MSNBC’s Joy Reid May Have Given Us The Biggest Jumbo Ever!

The fact that MSNBC continues to employ Joy Reid, so unethical in so many ways,  would be sufficient all by itself to justify never trusting the network. Just in case her racebaiting, bias and hate-mongering weren’t enough, however, now she has issued a mind-blowing Jumbo of such magnitude and audacity that it is impossible to deny that either she is willing to lie about anything, or in the alternative, is nuts. There do not seem to be any other explanations.

On Ethics Alarms, a Jumbo is the term for a desperate, ridiculous lie that insults the intelligence of all who hear it. The term comes from name of the elephant Jimmy Durante was trying to sneak out of the circus in Billy Rose’s eponymous Broadway extravaganza “Jumbo,” when he was stopped by a sheriff, in the show’s most famous moment. “Where are you going with that elephant?” demanded The Law. “Elephant? What elephant?” answered the Schnozzola, innocently. But Reid’s Jumbo out-Jumbos Jimmy.

It all began last December, when some homophobic posts on Reid’s old blog surfaced. Then she issued a self-contradictory apology, flagged in this Ethics Alarms entry. but it turned out that there were more such posts to be found. Six days ago, the media site Mediaite uncovered more posts by Reid that were critical of homosexuality and gays, from The Reid Report, a now defunct blog that Reid authored long before she became a warrior of “the resistance.”  They were originally tracked down and shared on Twitter by sleuth Jamie Maz, who found them using the internet archiving service, the Wayback Machine, which takes screenshots of frequently trafficked web pages to preserve them. Reid’s response was to deny that she wrote the posts:

“In December I learned that an unknown, external party accessed and manipulated material from my now-defunct blog, The Reid Report, to include offensive and hateful references that are fabricated and run counter to my personal beliefs and ideology.

I began working with a cyber-security expert who first identified the unauthorized activity, and we notified federal law enforcement officials of the breach. The manipulated material seems to be part of an effort to taint my character with false information by distorting a blog that ended a decade ago.

Now that the site has been compromised I can state unequivocally that it does not represent the original entries. I hope that whoever corrupted the site recognizes the pain they have caused, not just to me, but to my family and communities that I care deeply about: LGBTQ, immigrants, people of color and other marginalized groups.”

To be blunt but accurate, she was lying. Continue reading

When Ethics Alarms Don’t Ring: “The Life of Slaves: A Balanced View”

A history teacher at the Great Hearts Monte Vista Charter School (in San Antonio, Texas) distributed an assignment consisting of a worksheet titled “The Life of Slaves: A Balanced View”  to eighth graders. The idea was for student to list the positive and negative aspects of slavery.  After parent Roberto Livar posted to social media the worksheet his son Manu brought home to complete, the teacher was placed on leave and the school said it would audit the textbook associated with the lesson.  Aaron Kindel, the superintendent of Great Hearts Texas, which operates 28 public charter schools in that state and Arizona, said in a statement posted on the Great Hearts Facebook page, “To be clear, there is no debate about slavery. It is immoral and a crime against humanity.”   He said the school’s headmaster plans will explain the mistake to the history class.

I can’t wait to hear what that explanation is. How does any American living in the 21st Century not flinch at a title like “The Life of Slaves: A Balanced View”? It sounds like a joke, in fact: there is a whole genre of galley slave cartoons that rely on the idea that there is anything positive about being a slave is inherently ridiculous. (“It’s not a paid position but I’m gaining invaluable experience in the rowing sector!”). Yes, this teacher is incompetent, and leave is too good for him (or her). If you can’t trust a teacher not to hand out something that stupid, what else might be handed out? Hand grenades? “What Happened”?

Sadly, Mr. Livar couldn’t maintain the high ground, and had to say this:

“We are fully aware that there is a concerted effort by the far-right nationally to reframe slavery as being ‘not that bad’ and trying to revise the Civil War as being about ‘states rights’ and not about slavery. We were concerned that this assignment fell in line with that ideology and were naturally concerned, as well as other parents. These issues are not isolated to one school or one book. These issues are systemic and continue up the chain all the way to the Texas School Board of Education.”

He also said this likely happened because the school is short on diversity.

No, it happened because someone mistakenly hired an idiot as a teacher. Continue reading

Morning Ethics Warm-Up, 4/24/18: Jarrar And The Kardashians

Good morning, everyone!

1 Something stupid. I haven’t written about the Kardashians for a long time, unless you count Kanye West, but he has a legitimate claim to celebrity and the fact that he’s married to Kim K. is more or less a footnote. This morning, checking some cyanide out at the CVS, I saw this cover by the register:

Quick, now: why would it be smart and profitable to put this story on the front of a tabloid magazine? Who is Khloe Kardashian (normally I would try to find a way to get that accent over the “e” but it just isn’t worth it) and why would anyone on God’s green earth care about what she’s doing or what someone else is doing to her?

This woman is the youngest of the original Kardashian sisters, all of whom achieved fame-via-reality show after Kim’s sex tape was released and she gained fame for the size and shape of her butt. I’m not kidding. That’s it. That’s the whole basis for the culture’s love affair with the Kardashians,  and the reality show that introduced ugly duckling heavyish for a professional slut family youngest sister Khloe to America began in 2007, eleven full years ago. And what has Khloe, who is no longer heavy, or recognizable, and that was worth a book and a spin-off reality show—done since then to make her adventures worthy of the time you would normally use to alphabetize your sock drawer?  Absolutely nothing, other than appearing on TV with her weird, venal, narcissistic family, and being rich due to no fault of her won. (Her late father was one of O.J.’s cronies, played by David Shwimmer —“Ross” in “Friends”— in the O.J. miniseries, and her mother is a successful Hollywood hustler.) Here is the full extent of her societal worth, courtesy of the ridiculously long Wikipedia entry:

On September 27, 2009, Kardashian married NBA basketball player Lamar Odom, who was a member of the Los Angeles Lakers at the time. The couple were married exactly one month after they met at a party for Odom’s teammate Metta World Peace. Following her marriage, Kardashian removed her middle name to include her married surname, becoming Khloé Kardashian Odom. Kardashian adopted a pet boxer named Bernard “BHops” Hopkins, after the famous boxer.

On December 13, 2013, after months of speculated separation, Kardashian filed for divorce from Odom and for legal restoration of her last name.[43] Divorce papers were signed by both parties in July 2015; however, the divorce had yet to receive final approval from a judge. In October 2015, Odom was hospitalized after being found unconscious in a Nevada brothel, and was in a coma for four days; as he lay in a hospital, Kardashian withdrew her pending divorce petition. In an interview with People Magazine, Kardashian confirmed that they had not reconciled and the divorce had been withdrawn so that she might make medical decisions on Odom’s behalf.Kardashian and Odom’s divorce was finalized in December 2016.

Kardashian is currently in a relationship with basketball player Tristan Thompson. The couple reside in Cleveland, Ohio.In December 2017, she announced they were expecting their first child together.  In March 2018, Kardashian revealed she would have a girl. On April 12, 2018, Kardashian gave birth to their daughter, True Thompson. He cheated on Khloe Kardashian with other girls leading to him being inactive on social media at Khloe Kardashian’s wishes.

This does not speak well of the culture, American society, its values or its prospects.  My father’s generation was enthralled by the family dramas and controversies surrounding pubic figures like Charles Lindbergh, who, after all, accomplished something and displayed useful and admirable values in doing so.  His generation and the precedding one did have a soft spot for robbers like Dillinger, Bonny and Clyde and before them, Jesse James, but that was because they were styled as latter day Robin Hoods. At least robbing the rich to give to the poor is something. Actors, actresses and sports heroes have always been popular culture icons, but they were famous for their art and achievements, not just for showing up, or worse, showing up and acting like an idiot.  Imagine Babe Ruth being idolized because of fame bestowed on him solely based on his gluttony, promiscuity and drunkenness. That’s where we appear to be now. There really are tweens out there who will announce that they want to grow up to be like one of the six or seven—I don’t know where to put the former Bruce Jenner—Kardashian girls. Parents should lock them in a high tower like Rapunzel, but they won’t, because they probably hope their daughters grow up to be like Kim, Kourtney, Kendall, Khloe aand whatever that the other ones are named…Katmandu? Kalamazoo?

How can ethics survive in a culture like that? What am I doing? Continue reading