This Lawyer’s Incredible Ignorance Prompts Me to Propose a New Standard For Disbarment

That’s the outspoken, racist, Dunning-Kruger suffering lawyer on “The View,” Sunny Hostin, saying out loud and on national TV that climate change causes eclipses (yes, also earthquakes, but we’ve already heard public figures make fools of themselves on that topic, like here and here…). This was so bad that even Whoopie felt compelled to correct her: Whoopie’s problem is that she’s uneducated, but she’s still easily the smartest lady on “The View,” which admittedly is faint praise.

We could have an entertaining debate over whose statement is more idiotic, Rep. Jackson Lee’s claim that the moon is “mostly gas,” of this head-exploder from Hostin. But that’s not the point of this post.

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Comment of the Day: “Jimmy Kimmel Provides a Vivid Case Study in Trump Derangement”

As I noted in an earlier post today, extreme Trump Derangement rants are less tolerable from genuine professionals of whom the public reasonably expects better than from the Robert De Niro, Bette Midler, Jimmy Kimmel, Rob Reiner, and “The View”-type celebrity pundits who are loud of mouth, large of ego and megaphone, and short of wisdom. Thus the letter Steve-O-in NJ reveals and critiques in his Comment of the Day is particularly disturbing. As you will see, it is sloppy, miserably researched, steeped in emotion and bias, and, frankly, I’m embarrassed for my profession after reading it. That the writer, as he informs us by way of appealing to his own authority, was on short lists for a cabinet position either speaks to the incestuous nature of our political elite, or the frequency of age-triggered cognitive decline. And he wants this self-indicting swill widely circulated! The lack of self-awareness among the Trump Deranged is a source of wonder.

I also need to say that I have not recognized Steve’s often detailed, erudite and perceptive comments frequently enough. I attribute this to taking blessings for granted (one of my myriad flaws): so many of his posts are outstanding that I’m not sufficiently impressed by them any more. My fault, and my apologies to Steve.

Here is his Comment of the Day on the post, “Jimmy Kimmel Provides a Vivid Case Study in Trump Derangement.”

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Paul Grossman, supposedly a conservative, wrote the following, which should tell you all you need to know about Trump Derangement. He’s is a nationally known employment defense lawyer at Paul Hastings and a Republican. He has encouraged that it be shared.

“April 5, 2024TO:

My Friends and Acquaintances

FROM: Paul Grossman

SUBJECT: The Upcoming Presidential Election

In most elections, candidates differ in philosophical approach regarding how best to solve commonly appreciated issues and shared challenges such as the large federal deficit.In 2024, we are faced with a departure from this normal paradigm in which we can presuppose the integrity of the candidates and their desire for a better United States now and in the future.

For the first time in my lifetime, one of the two major candidates for President of the United States has proven himself to be not just unfit for office but affirmatively evil. I am a Republican. Until our former President came along, based on the issues, I voted for The Republican candidate for President. Ronald Reagan wanted me to run the Department of Labor for him. I had serious hopes of being Mitt Romney’s Secretary of Labor. I would have happily voted for Nikki Haley over Biden, with whom I differ on numerous policy issues. But for the reasons set forth below, in this election differences in character are more important than the underlying policy issues.

Please vote. Sitting out this election is not a reasonable choice.Is the former President evil? Yes. There can be no doubt. Consider the following: He incited the January 6th riots. He refused to take action for hours that day while watching the riots on television. He has promised to pardon the convicted rioters despite the deaths and destruction they caused. He calls racists “good people.”  He still claims the 2020 election was “stolen” – he lost it by 7 million votes. He calls his opponents demeaning nicknames – a tactic used by grade school bullies. He is a serial liar.  His trade policy is protectionist – he ridicules serious economists.  He has engaged frequently in unwanted sexual touching of females – as he put it in a recorded statement, he “grabs pussy.”

He has been found by a court to be guilty of sexual assault. He avoided military service; at a military cemetery he labeled those who served “suckers.”  He initially denied the existence of the recent pandemic. He rejected medical evidence in relation to the recent pandemic and demeaned medical experts. He makes fun of climate change. He embraces nonsensical conspiracy theories.

[My problems with Biden include his age, immigration, the Afghanistan exit, unconditional sympathy for trade unions, overspending, and contentions the wealthy are not paying their “fair share” of taxes. But I must admit despite my reservations about Biden, the economy is doing quite well.]

[Donald Trump] makes fun of people with disabilities. He dehumanizes immigrants – all four of my grandparents were immigrants. Those who have worked most closely with the former President are unstinting in their assessments: He has been privately labeled a “moron” by his First Secretary of State, Rex Tillerson. He has been called dangerous by his former Secretary Of Defense, Mark Esper, who will not vote for him. He has been accused of undermining our NATO alliance by his former Secretary of Defense, James Mathis. His Transportation Secretary Elaine Chao resigned in protest of his January 6th related actions and inactions.

Senate Republican leader Mitch McConnell called the January 6th mob violence a “failed insurrection.” He tried to bully his vice president to refuse to perform his vice presidential duty and certify the election results:Mike Pence, an honorable conservative, has announced he will not vote for the former President. He used to be pro-choice – he switched when he became a Republican and needed the evangelicals. He admires Putin and for good reason – both are evil and serial liars.

He could not care less about Ukraine’s heroic stand against Putin and Russia.Please join me in voting for the candidate who is a decent human being, and against the candidate who is evil.

Please forward this email to your circle of friends. I truly fear for our democracy if the evil candidate again becomes President. I think it possible, perhaps likely, that if elected in 2024, as the 2028 elections approach, despite the Constitution, he will do whatever he deems necessary to stay in power. Prominent conservatives including Paul Ryan, Mitt Romney, Liz Cheney, and Lisa Murkowski have publicly announced they will not vote for the former President. It is not clear whether they will abstain. But an abstention or a vote for a candidate who has no chance makes it easier for the evil candidate to win. Thank you for considering my views.”

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A Rueful Note From Your Host…

I only got two posts up yesterday. That’s not acceptable, and I’m sorry. Ethics Alarms has a goal of registering four posts a day, come rain or shine, because even that level—it’s typically about 3,500 or more words a day, counting typos—doesn’t keep up. I don’t feel too badly when I can only manage three. Yesterday was a terrible day, beginning with the ordeal of having to deal with liars, incompetents and SOBs along with malicious technology as I tried to get an overdue waste water treatment bill handled. By the time what should have been a 15 minute process was over, it was after noon, Spuds was annoyed (I almost wrote “ticked” which has other meanings when a dog is the subject) and I was so furious and frustrated that I could hardly function.

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No Wonder We Can’t Trust Political Journalists If They Do THIS…

Why am I not surprised?

White House correspondents are constantly stealing things from Air Force One. In February, the president of the White House Correspondents’ Association, Kelly O’Donnell , felt compelled to send what was described as a “terse email” to her colleagues reminding them taking items like embroidered pillowcases, wine glasses, whiskey tumblers, blankets and gold-rimmed dinner plates “reflects poorly” on the press corps as a whole.

Really? I did not know that! Who would have guessed? Thanks, Kelly!

Actually, O’Donnell’s warning received no responses at all, reportedly, though one member of the press corps apparently returned a pillowcase he had pilfered.

Politico reports that this has been going on for a long time, with reporters stealing taxpayer purchased items with the Air Force One insignia on it being treated as a “rite of passage.” “On my first flight, the person next to me was like, ‘You should take that glass,’” one current White House reporter told Politico. And then the corrupting correspondent “was like”—OK, guess the rationalization.

Come on, guess! I’ll give you 30 seconds….

Time’s up! Politico quotes thusly: “They were like: ‘Everyone does it.’” Ah yes, the #1 Rationalization of them all, and the watermark of the ethically unlettered, “Everybody Does It.” Politico: “Several colleagues of one former White House correspondent for a major newspaper described them hosting a dinner party where all the food was served on gold-rimmed Air Force One plates, evidently taken bit by bit over the course of some time” and ” Reporters recalled coming down the back stairs after returning to Joint Base Andrews in the evening with the sounds of clinking glassware or porcelain plates in their backpacks.”

Politico apparently thinks this is all hilarious, ending its story with a facetious, “Are you IN POSSESSION OF AIR FORCE ONE DINNERWARE? We want to hear from you. And we’ll keep you anonymous! Email us at westwingtips@politico.com.

We receive our information about the work of our President and his staff through the filter of people without even rudimentary ethics alarms: arrogant, unprofessional, untrustworthy and self-indulging assholes.

Fani Wallis Scandal Footnote: A ‘Bias Makes Legal Ethicists Stupid’ Moment

This is disheartening, though not unexpected.

I have written about how thoroughly my colleagues in the legal ethics field are politicized, biased and frequently rendered unable to see the ethical issues through the fog of their peer-reinforced distortions. Yesterday, as my legal ethics expert listserv was buzzing with commentary on the judge’s “split the baby” response to Fulton County Fani Willis’s screaming conflict of interest, prosecutorial misconduct, race-baiting and stunning arrogance. One prominent lawyer in the field, a woman whose commentary is usually perceptive, wrote this in part…

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Speaking of Conflicts of Interest and To Prove I’m Occasionally Right: Let’s Revisit “‘Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It,’ the Sequel”

I have never recycled a post so soon (this one was was featured in January) but these are special circumstances:

  • After my analysis of the Fani Willis conflicts scandal did not jibe with the judge’s decision, my self-esteem is at a low ebb, and I feel the need to point out my prescience in this matter
  • This, like Willis’s self-made disgrace, is a conflict of interest, and one involving law as well…but also baseball.
  • The conflict of interest I flagged in January has now had some of the adverse results I predicted, and attention should be paid.
  • Baseball is one of the few things that has a chance of cheering me up right now, having gone through my first two weeks without Grace’s companionship and support. We followed the seasons (and the Red Sox) together since before we were married, as I taught her the game by taking her to watch the Orioles play Boston in old Memorial Stadium.

Two months after I wrote the post that follows, Spring Training is almost over and the season is less that two weeks away. Yet the two star pitchers I flagged as the victims of their agent’s greed and unethical conduct remain unsigned. I strongly believe that the reason they are unsigned is that the agent/lawyer they foolishly employ has been pitting teams against each other while using each pitcher as leverage to benefit the other, or so Scott Boras would argue. There is no question in my mind that if Blake Snell (above, right) and Jordan Montgomery (above, left), both talented left-handed starting pitchers that fill the same niche, were represented by different agents, both would have signed rich, long-term contracts by now. Because they have allowed themselves to be marketed by the same agent–an unconscionable conflict that baseball should prohibit and Boras’s bar association should sanction—they will not be ready to start the season even if both signed tomorrow. Pitchers who have had to miss large portions of Spring Training have frequently had off-years as a result: Boras’s greedy practice of representing competing talents may result in off seasons and even damage to their careers.

All of this could have and should have been avoided, and would have been, if baseball’s agents were subjected to any genuine ethical regulation.

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Friday Open Forum: Waiting to See If I’m Right…

Judge Scott McAfee confirmed yesterday that he will announce the fate of Fulton County’s designated “Stop Trump!” agent Fani Willis some time today. From the moment your friendly neighborhood ethicist heard the basic facts in this annoying story I was convinced that one way or the other she would have to leave the Trump case. One of my legal ethics colleagues emphatically disagrees, arguing that whatever conflicts of interest she created by hiring her illicit boyfriend to help prosecute Trump were matters of legal ethics discipline but irrelevant to the defendants. He also pooh-poohed the “appearance of impropriety” issue, echoing the American Bar Association’s logic when it took that category out of the ethics rules: actual impropriety matters, the mere appearance doesn’t.

Yet Willis is a government attorney, and employees of the state are required to avoid the appearance of impropriety because it erodes the public trust. If there was ever a prosecution that mandated a squeaky clean leader beyond suspicion or reproach, this is it. Instead, Willis has left an odoriferous trail of conflicts, arrogance, hypocrisy, dubious explanations and likely lies, all supported by her obnoxious reliance on race-baiting. I have been certain that she would eventually go down for all of this, and that my learned friend–who is apolitical— as well as the my myriad partisan-biased colleagues in the legal ethics association I belong to are wrong.

Well, we shall see . If you see Fredo (“I’m smart! I’m not dumb like everybody says!”) leading off a post today, you’ll know I was right.

Meanwhile, talk about whatever interests you in the Wonderful World of Ethics.

Oh-Oh. Another Ethically Obtuse Question for “The Ethicist”

Maybe it’s just a coincidence, but it sure seems to me that the questions being asked of the New York Times “The Ethicist” column (or the ones he’s choosing to answer) are increasingly obtuse. This suggests a dangerous trend. Are most Americans really that ethically incompetent? Or are the increasingly frequent (it seems to me) instances of blatantly unethical conduct modeled by our elected leaders and shrugged off by our news media causing galloping ethics rot?

The latest query for “The Ethicist” was, in my estimation, steeped in grade school-level ethics ignorance. A female designer who used to work for a sexually harassing boss when she was just getting started eventually told the bastard off and was fired in retaliation. Now she asks,

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At Least They Weren’t Flying A Boeing 737 Max…

Now these were unethical pilots:

Evoking a memorable scene in “National Lampoon’sVacation” but in a passenger jet instead of a station wagon, the pilot and co-pilot of Batik Air flight en-route to Jakarta fell asleep in the cockpit of their Airbus A320 for 28 minutes. The 153 passengers and four flight attendants on board did not know that no one was flying the plane. A preliminary report by Indonesia’s National Transportation Safety Committee explained why the plane drifted off its designated flight path during the January 25 incident, and it sounds like a version of “Airplane!”

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For the EA “Do As I Say, Not As I Do” Files: Iowa Lawyer David L. Leitner

My chosen profession of legal ethics has not been covering itself with glory lately.

The Iowa Supreme Court suspended 68-year-old lawyer David L. Leitner as explained in a discouraging story in the Iowa Capital Dispatch. He’s out of the practice of law for two years: I would have disbarred him. First, Leitner represented an Iowa seed dealer who was convicted of bankruptcy fraud in 2007 after the lawyer helped him hide assets. Leitner created a company for the seed dealer with himself the company’s manager , allowing the seed dealer to send part of his income to the company while hiding it from the government, which the dealer owed about $71,000. (Can’t help clients try to defraud the government. Can’t go into fake businesses with clients designed to cheat on taxes. Pretty basic legal ethics.)

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