Professions

Jon Stewart’s Betrayal

/ Jack Marshall / 78 Comments

emergency-clown-nose

Politico has confirmed that on two occasions, Comedy Central’s Now I’m a comic-Now I’m a pundit-Now I’m a journalist Jon Stewart secretly went to the White House to meet with President Obama:

Jon Stewart slipped unnoticed into the White House in the midst of the October 2011 budget fight, summoned to an Oval Office coffee with President Barack Obama that he jokingly told his escort felt like being called into the principal’s office.In February 2014, Obama again requested Stewart make the trip from Manhattan to the White House, this time for a mid-morning visit hours before the president would go before television cameras to warn Russia that “there will be costs” if it made any further military intervention in Ukraine.

To engage privately with the president in his inner sanctum at two sensitive moments — previously unreported meetings that are listed in the White House visitor logs and confirmed to POLITICO by three former Obama aides — speaks volumes about Stewart and his reach, which goes well beyond the million or so viewers who tune into The Daily Show on most weeknights.

It mean rather more than that. The visits mean that what Stewart and Comedy Central represented to the public as independent commentary on public affairs by a wise, critical and trusted truth-teller was in fact state propaganda, dictated by the President of the United States to a messenger of influence. Continue reading →

KABOOM! TNT Promotes A Tainted Prosecutor As A Star

/ Jack Marshall / 53 Comments

coldjustice

And all this time I believed that TNT reality star Kelly Siegler was a real star prosecutor who had actually convicted guilty people while observing the law and professional ethics.

Kaboom!

head_explodes

That was the sound of my brains exploding through the top of my skull, this time because they deserved to. I never learn.

Or is the state of prosecutorial ethics in the United States so wretched that Kelly Siegler is the best ex-prosecutor that TNT could find?

I’ll stick my neck out and say, “no.” I say that even though the state of prosecutorial ethics is pretty terrible. Kelly Siegler left her job as a Harris County, Texas district attorney in 2008 after successfully prosecuting 68 murder trials. In 2013, TNT signed her up to star in a reality show called“Cold Justice,” now in its third season on the cable network.

Good title! A state-court judge recommended a new trial for a Texas inmate named David Temple, prosecuted by Siegler in 2007  for allegedly killing his pregnant wife. He was convicted, but the court says the “legendary prosecutor” illegally withheld critical exculpatory evidence.  Wrote Judge Larry Gist in his opinion calling for a re-trial: “Of enormous significance was Siegler’s testimony at the habeas hearing that apparently favorable evidence did not need to be disclosed if the state did not believe it was true.”  Continue reading →

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →

This Prosecutor Was Fired For A Non-Apology Apology, But He Should Have Been Fired Long, Long Before That

/ Jack Marshall / 6 Comments
Bias bone or no bias bone? Wait---WHAT THE HELL IS A BIAS BONE???

Does Karl Price have a bias bone or no bias bone? Wait—WHAT THE HELL IS A BIAS BONE???

Karl Price, up until recently an assistant Jefferson County (Kentucky) district attorney,  was suspended last month for making derogatory remarks in court about gays, immigrants and the disabled.  First he was reprimanded for disparaging a Korean American family, but The Courier-Journal published a story showing that Price had denigrated defendants  in court many times and had even been admonished for it by judges. This prompted a review by the county attorney’s office that turned up more such incidents. One example: At an arraignment of a black defendant who was caught after running away from police, Price, an African-American, said, “I thought you black guys could run, but you never get away from police!”

Query: What kind of supervisor only finds out about long-term misconduct by an employee in public proceedings after reading about it in the local newspaper?

County Attorney Mike O’Connell offered Price, who had worked as an assistant prosecutor in the office for 25 years (“without complaint,” we are told, which may only mean the newspapers didn’t report the complaints)  a chance to keep his job if he submitted a sufficient apology for his conduct. Price submitted a letter that qualifies as a Level 9 or 10 on the Ethics Alarms Apology Scale. It was  a “deceitful apology, in which the wording of the apology is crafted to appear apologetic when it is not (#9) as well as “an insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply.” (#10).

Price guaranteed the #9 rating when he began his apology by including the magic phrase, “if I have offended anyone…” He cemented a #10 rating by loading his letter with rationalizations. He wrote that he had been treated unfairly, arguing that other prosecutors have been given “several second chances” [Rationalization 39. The Pioneer’s Lament, or “Why should I be the first?”] and that his predecessor in arraignment court said “far more outrageous” things than he did [Rationalization Number 1: Everybody Does It].

Then this: Continue reading →

Unethical Quote Of The Week: The Huffington Post, Which Is Having A Really Unethical Week

/ Jack Marshall / 10 Comments

KKK assestance

“The photo has gone viral this weekend as netizens praise the officer’s extraordinary show of professionalism and grace under such trying circumstances.”

–—The Huffington Post, commenting on the photo above, showing black police officer Leroy Smith giving a feeble white supremacist assistance during the Ku Klux Klan rally held at the South Carolina Statehouse over the weekend.

Does the Huffington Post have any idea what professionalism is? Ethical conduct? Increasingly, I have my doubts, and this is just the latest example.

We already know the average “netizen” doesn’t know ethics from shinola, but the Huffington Post is a news and culture commentary site. One would think a basic comprehension of such concepts as duty, fairness, justice, responsibility and ethics would be essential. Well, let me rephrase that: they are obviously essential. One would think the Huffington Post would know that without them, its analysis of pretty much anything is worthless.

Look, you ethics dolts: Smith was doing his job, that’s all. The fact that he personally may have objected to the beliefs and words of the protesters is completely irrelevant to his professional obligations. He must treat all professionals the same. To do otherwise would un-professional, un-ethical, and wrong. Dominique Mosbergen is  apparently  of the opinion that the normal, professional thing to do is to refuse to help people whom you don’t like, agree with, or whose views offend you. Wait—isn’t this what the jerks who refuse to sell cakes to gay couples do? Somehow I don’t think Dominique agrees with those anti-gay marriage zealots or that she feels to just treat such customers as human beings would constitute an “extraordinary show of professionalism and grace.” Why does she think a black cop helping a distressed racist like he would a similarly needy  NAACP member because they are both citizens and as a public servant he is duty-bound to treat them both exactly the same is an “extraordinary show of professionalism and grace,” then?

It is because she is incompetent and ignorant. It is because she doesn’t comprehend what professionalism is. It is because to her, “White Racist Lives Don’t Matter,” so she is just bowled over when an African American acts without employing her biases.

Leroy Smith behaved like any professional would, and should. Nothing more, nothing less. Most cops do their jobs, and do them professionally. There is nothing newsworthy or extraordinary  about the photo, except to people who believe that the primary motivating factor for most people is hate.

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Pointer: Fred

Professor Schwitzgebel Concludes That Ethicists Aren’t Very Ethical—Luckily, According To Him I’m Not An Ethicist, So I Don’t Take It Personally

/ Jack Marshall / 24 Comments

Greek phil

Eric Schwitzgebel is professor of philosophy at University of California, Riverside, as well as an author and a blogger. His essay “Cheeseburger Ethics” immediately caught my attention, as his thesis is one that I have embraced myself, occasionally here: ethicists are not especially ethical.

The essay is thought-provoking. He’s a philosophy professor and an academic, so naturally he views his own, isolated, rarified species of ethicist as the only kind. In announcing the results of his “series of empirical  studies” on the ethics of ethicists, Professor Schwitzgebel announces, “…by ‘ethicist’, I mean a professor of philosophy who specialises in teaching and researching ethics.” Got it, prof. I, in contrast, am the kind of ethicist typically denounced on other blogs as a “self-proclaimed” I don’t regard myself as an academic, my degrees are in American government and law, and my specialty is leadership and the role of character in developing it. My job isn’t to teach half-interested students about the abstract thoughts of dead Greeks and Germans; my job is to make professionals, elected officials and others understand what being ethical in their jobs and life means, how to distinguish wrong from right, and how to use proven tools  to solve difficult ethical problems they will face in the real world. I get paid for it too.

My audiences hate ethics, usually because of the people who Prof. Schwitzgebel has decided are the “real” ethicists. They have made ethics obscure, abstract and gnaw-off-your-oot boring for centuries, with the result that the mere word “ethics” sends the average American into a snooze. I have had corporate clients ask me to teach ethics without using the word “ethics.” The most common evaluation I read are from participants who write that they dreaded my seminar and were shocked that they were engaged, interested, entertained, amused…and learned something useful and occasionally inspiring.

Is it ethical to reduce the public’s interest in and respect for the very subject—a vital one– you have chosen to specialize in and teach, often because you have lousy speaking and teaching skills? Why yes, I’d call that very unethical. So I agree with Schwitzgebel’s assessment of his colleagues. Continue reading →

Of Atticus Finch, “Go Set A Watchman,” And Icon Ethics

/ Jack Marshall / 22 Comments

AtticusToday Harper Lee’s “sequel” to “To Kill A Mockingbird” is officially released, though reviews have already been published. The big story is that the new novel’s now grown “Scout” discovers during the civil rights upheavals of the 1950s that her father and hero Atticus Finch is a racist, had attended a Klan meeting, and is prone to saying things like …

“Do you want Negroes by the carload in our schools and churches and theaters? Do you want them in our world?”

The new Atticus is providing ammunition to those who enjoy tearing down American heroes and icons. Finch is perhaps the most revered fictional lawyer in American culture, admired by the public as well as the legal profession. The American Bar Association named its award for fictional portrayals of lawyers in films and literature after Finch, whose pro bono defense of a wrongly accused black man in a bigoted Alabama town forms the central conflict of Lee’s classic. Burnishing Atticus’s reputation further was the beloved portrayal of the character, reputedly based on the author’s father, by Gregory Peck in the Academy Award winning film adaptation. Peck received the Award for Best Actor as well as the Presidential Medal of Freedom, and as a civil-rights activist often stated that he admired Finch over all his other roles. In 2003, American Film Institute voted Finch as the greatest hero in American film.Wrote Entertainment Weekly, “[Finch] transforms quiet decency, legal acumen, and great parenting into the most heroic qualities a man can have.”

Atticus, however, has had his detractors through the years, notable among them the late Monroe Freedman, a  habitual iconoclast and contrarian who wrote two law review articles declaring that Finch was neither hero nor a particularly admirable lawyer. He wrote in part: Continue reading →

Surely There Is A Gay John Adams In Oregon Who Will Fight The State’s Outrageous Persecution Of The Kleins…Isn’t There?

/ Jack Marshall / 27 Comments
Come on, John, I know you're out there....

Come on, John, I know you’re out there….

Even if one believes that the refusal of  Sweet Cakes  to make a wedding cake for a gay couple was a dubious exercise of religion as well as a mean and petty one, the astounding punishment levied on the now defunct bakery’s owners must be condemned as an abuse of power.

Having already lost their bakery business due to mob action online by Gay Marriage Advocate Furies, Aaron and Melissa Klein were walloped by former Oregon Labor Commissioner Brad Avakian with a $135,000 judgment  for “emotional damages” to the couple. He also issued a gag order on the ex-bakers that forbids the Kleins from explaining to potential customers of Sweet Cakes their anti- same-sex wedding policies.

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UPDATE (7/9): This is, I have learned, an overly simplistic description. Ken at Popehat explains what’s really going on as far as the “gagging” goes.

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Of course—I guess I can’t really say “of course” if such a travesty can occur—no state can order anyone not to talk about anything in such a situation. The unconstitutional gag order is essentially moot, since to violate it the Kleins would have to still own a bakery and they do not, but it still acts to intimidate others and chill freedom of speech. It must be challenged and overturned. The fine is also unconscionable, and effectively makes villains out of the originally aggrieved couple if they don’t immediately agree to waive it. There is a duty in law to mitigate damages: the couple could and did minimize the harm of their cake request’s rejection by obtaining a wedding cake elsewhere. The Kleins didn’t stop them from getting married, and any harm that came to them from the publicity of their humiliation by the bakery was exacerbated by the couple’s own actions, not the Kleins’. $135,000? That’s beyond punitive. That’s vengeance. Continue reading →

Unethical Quote of the Month: Justice Antonin Scalia

/ Jack Marshall / 41 Comments

Scalia

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia, excoriating his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling today,  authored by Kennedy,  that same-sex marriage was a Constitutional right  no state could deny. Scalia filed an angry and intemperate dissent, low-lighted by this comment in a footnote.

Wrote Prof. Stephen Gillers, legal ethicist:

“How after this can Kennedy work with him?  Scalia has himself “descended” from the manner of argument found  in  opinions of John Marshall and Joseph Story to the invective and mockery of the Internet. Lawyers have been chastised for less derisive comments in briefs. Yet here we have it from our Supreme Court.  Scalia sets a bad example that will harm civility in lower courts and at the bar.”

Exactly.

The rest of Scalia’s dissent is hardly more restrained, either.

You can read the opinion and dissents in Obergefell v. Hodges here.

UPDATE: Here’s a screenshot of another selection, courtesy of Slate:

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Arguing with the majority’s wisdom and legal analysis is one thing, mocking a Justice’s writing style is quite another—unprofessional, uncollegial and below-the belt. Yes, Nino is a much better writer than Kennedy, but belittling his efforts shows neither proper judicial temperament nor appropriate respect for the Court itself. Some commenters excuse this because they disagree with the ruling: Irrelevant. Check your rationalizations, especially #2. The “They’re Just as Bad” Excuse, or “They had it coming.”

The Case Of The Trash-Talking Doctors, And The Price Of Trust

/ Jack Marshall / 66 Comments
So, did you hear the one about why surgeons wear those masks?

So, did you hear the one about why surgeons wear those masks?

When I first heard about this case, I thought the jury award of $500,000 was ridiculous. The more I think about it, the more I begin to think it was appropriate.

Before his colonoscopy, a Vienna, Virginia patient pressed record on his smartphone, not intending to record everything that was said but ending up with the entire proceedings anyway. That was a half-million dollar stroke of luck for him, and the confirmation of dark suspicions for the rest of us. The resulting recording revealed that the surgical team amused itself by insulting and demeaning the semi-conscious anesthetized man throughout the procedure.

The anesthesiologist, Tiffany M. Ingham, was the ringleader and the primary offender.  Among her inspired bon mots… Continue reading →