Ethics Hero: Dallas District Attorney Craig Watkins

Craig Watkins, a D.A. who understands his ethical priorities.

Craig Watkins, a D.A. who understands his ethical priorities.

In Law School, I had the honor of being instructed in the superb Georgetown Law Center Criminal Justice Clinic, by far the single best course of any kind I participated in at any level of my formal education. Our mentor in prosecutor ethics was Seymour Glanzer, the man who, as an Assistant U.S. Attorney, cut the deal with Nixon’s White House Counsel John Dean that cracked open the Watergate scandal.

Sy had one mantra he repeated to the clinic students often, trying the beat it into our heads forever: the prosecutor must be the center of justice and ethics for the criminal system. Defense attorneys have to defend the accused whether they are guilty or not, but prosecutors are charged with achieving justice, not convictions. “If you don’t have sufficient legal and reliable evidence to convict a defendant of a crime, or have any doubts about that client’s guilt, drop the case,” he told us.

His principles do not hold sway among many, perhaps even most prosecutors, to the shame of the criminal justice system. Too many see their duty as convicting as many accused as possible, putting the law-abiding public at ease by closing cases and filling prisons. Over-zealousness, sometimes to the extremes of withholding exculpatory evidence from defense attorneys while placing questionable eye-witnesses and unreliable experts on the stand under oath, is rampant in district attorney offices across the country.

The worst of the worst may have been Dallas. Vanessa Potkin, chief counsel of The Innocence Project at Cardozo Law School, argues that “no other county in the country beats Dallas. It’s a county that beats out most states in the country.”

It’s an indication of a system that needs reform, she says, with  “staggering numbers of the innocent put in prison.” That is why the recent steps taken by new Dallas District Attorney Craig Watkins are so important, and so necessary. Continue reading →

Read ‘Em And Weep: The Jefferson Muzzle Awards

muzzle-banner

 Thomas Jefferson Center for the Protection of Free Expression (TJC) hands out yearly “awards” to  government agencies that show themselves hostile to free speech.  This year, however, the Jefferson Muzzle Awards were reserved for various colleges, as the increasingly radical left institutions of higher learning, spurred by such groups as Black Lives Matters and the craven administrators who quiver in fear of them, have scarred freedom of expression over the past year in a multitude of ways.

Fifty schools got their ceremonial muzzles—the Muzzies?—in five categories:

1. Censorship of Students
2. Censorship by Students
3. Efforts to Limit Press Access
4. Threats to Academic Freedom, and
5. Censorship of Outside Speakers

Here they are.

And it’s not funny.

_______________________

Pointer: Instapundit

Nine Critical Questions About The Independence Hall Social Justice Warrior Park Ranger Tour Guide

Philadephia-Independence_Hall_Panorama

Conservative columnist and former Justice Department attorney J. Christian Adams reported that Holly Holst, a federal employee of the National Park Service, took visitors on a guided tour of Independence Hall, during which she informed them that the Constitution and the Declaration of Independence were the product of “class elites who were just out to protect their privileged status.”

[UPDATE: Adams corrected his original report, which misidentified the ranger involved as Mary A. Hogan. Ethics Alarms has corrected it s original post accordingly. I apologize to Hogan and my readers.]

Adams writes that several attendees of her tour group on Monday told him that Holst repeatedly denigrated the Founders.  She claimed that  “the Founders knew that when they left this room, what they had written wouldn’t matter very much, ” and also told them that the “most important part of the Constitution written at Independence Hall was the ability to change it.”

Exemplifying her historical expertise was Holst’s alleged statement that King George III paid more attention to Parliament than the colonists “because they were right there and could remove him from office.”

Assuming that this is accurate information about Holst and her tour–remember that Adams is a passionate and often angry anti-Obama conservative—I have the following questions.

By the way, if the story above is accurate, my head has asked permission to do its best imitation of Krakatoa.

Questions: Continue reading →

If You Know Anything About Ethics, You Don’t Even Ask These Questions, Because You Know The Answers Already

virtual reality

Darrell West, a Brookings scholar, believe it or not, queries, “What happens when virtual reality crosses into unethical territory?” It is the topic of his essay, but the question is self-answering. Virtual reality is, by definition, not real. Ethics is about determining right and wrong in reality, in interaction with real people, real consequences and real dilemmas in the real world.

West doesn’t seem to grasp that, and neither, according to him, does the playwright of a work being presented in my metaphorical back yard: Jennifer Haley, who authored “The Nether” playing at the Woolly Mammoth Theater in Washington, D.C. West tells us that Haley

“…explores the troubling questions that arise when the main character known as Papa uses advanced software to create a fantasy environment where adult clients molest young children and then kill them….  Should there be limits on human fantasies involving heinous thoughts? Do fantasies that remain in the private realm of someone’s brain warrant any rules or regulations by society as a whole?  Even if the bad behavior rests solely in one individual’s private thoughts, does that thinking pose a danger to other people? For example, there is some evidence that repeated exposure to pornography is associated with harmful conduct towards women and that it legitimizes violent attitudes and behaviors. Does that evidence mean we should worry about misogynistic or violent virtual reality experiences? Will these “games” make it more acceptable for people to engage in actual harmful behaviors?”

These are not troubling questions or even difficult questions, unless one is intrigued by the Orwellian offense of “thought crime.” Here, for the edification of West, Haley, those nascent brainwashers out there who find his ethically clueless essay thought-provoking of any thought other than: “How the hell did this guy get to be called a “scholar”?, let me provide quick and reassuring answers to West’s questions: Continue reading →

The First Thing We Do, Let’s Slime All The Lawyers…

the-blob-88

In election years I tell all my legal ethics seminar classes to start teaching their non-lawyer neighbors and relatives ABA Model Rule 1.2 b, which reads,

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This, combined with the principle of zealous representation of one’s client, as expressed, for example, in D.C. Rule of Professional Conduct Rule 1.3…

(a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
(b) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
(2) Prejudice or damage a client during the course of the professional relationship….

…means that lawyers represent clients, and are bound to seek those clients’ objectives when those objectives are legal whether the lawyer likes or agrees with those objectives or not.

It means that it is ignorant, wrong and dangerous to the rule of law as well as the right of citizens to be the beneficiaries of laws in a democracy and not the servants of them, for unscrupulous political opponents to attack lawyers for the positions, objectives and needs of the clients they represented. It means that it is disgusting for maleducated journalists to misinform the already disturbingly confused public by using a matter that a lawyer-turned-candidate’s client needed legal advocacy for as an excuse to impugn the candidate’s character.

Lawyers do not have to agree with or like their clients’ positions, objectives or character, is that clear? Everybody? Lawyers are not to be held accountable for their client’s motives, conduct or legal objectives. Bill Cosby’s lawyers do not approve of rapists. Johnnie Cochran did not support the hobby of ex-wife knifing.

Yet this happens every election cycle, without fail: cheap shots directed at candidates who are lawyers based on one or more of their unsavory clients.  There are two lawyers left in the current primary competition, and guess what?

You guessed it.

Hillary’s ancient defense of a rapist was used to slime her all the way back in 2014. The unfair attack raised its misshapen and empty head last week on CNN, when a Trump supporter brought it up. What we know about Clinton is that she defended a child rapist she was appointed to represent pro bono in 1975, and did an excellent job. She used all the tactics that she was allowed to use. She attacked the credibility of the twelve-year-old victim, and threw sufficient doubt on the the chain of evidence that Clinton got an advantageous  plea bargain for her client, who served just ten months in prison. Sure, he was guilty, and Hillary knew it.  It was her job to make the prosecution prove its case with sufficient evidence, and they failed. The victim, we are told, has had a hard life because of the experience. That is not in any way Clinton’s fault or responsibility.

Now it’s on to Ted Cruz. Here is Slate’s click-bait, misleading, deceitful headline to further the “Ted Cruz is a some kind of sexually repressed weirdo” trope the left-biased media is peddling: Continue reading →

“What Responsibility Does Facebook Have To Help Prevent President Trump in 2017?”

Facebook qThis was one of the questions asked of Facebook employees in advance of a Mark Zuckerberg Q and A session in March; every week, the employees vote in an internal poll on what they want  Facebook CEO Zuckerberg to talk about. This week,  Zuckerberg openly criticized many of  Donald Trump’s various blatherings  during the keynote speech of the company’s annual F8 developer conference:

“I hear fearful voices calling for building walls and distancing people they label as ‘others.” I hear them calling for blocking free expression, for slowing immigration, for reducing trade, and in some cases, even for cutting access to the internet.”

This is his right, as much as any pundit, rock singer or blogger. Zuckerberg’s political positions on anything shouldn’t have any more influence than those of the guy next to you at the sports bar, because nothing about Zuckerberg indicates that he has any more expertise about national policy than Donald Trump.

Ethically,  every American has an individual ethical responsibility to prevent Donald Trump from becoming President, which means that everybody has a responsibility to keep him from being nominated. Do ponder that when you hear some of the worst of the Democrats and progressive biased journalists claiming that Trump cannot be fairly and democratically be denied the Republican nomination. They are either fools who assume that Hillary Clinton, who has proven herself capable of beating herself in any race, will waltz to the White House over Trump no matter what occurs in the chaotic future to come, or despicable Machiavellians who would knowingly roll the dice with the future of the country and the culture just to raise the odds of a Clinton presidency, itself a horrible prospect.

Facebook, however, is a communications medium that facilitates conversation, organization and the distribution of information among users. It does so under the illusion that users are in control of the process, but of course it is Facebook puling the strings. Facebook could definitely manipulate its service to undermine Trump. Gizmodo notes… Continue reading →

Ethics Hero: U.S. District Judge John Gerrard

flying-spaghetti-monster

Pastafarians are anti-religious wise-asses who claim to adhere to a satirical “religion” created to mock other religions. They have wasted court time and abused the justice system by suing in various states for the right to exercise their non-existent religion by wearing an upside-down spaghetti strainer on their heads for driver’s license photos.  More ridiculous still, they have succeeded in several states and a number of foreign countries.

Nebraska to the rescue: in a Tuesday ruling, U.S. District Judge John Gerrard dismissed a religious discrimination suit filed by Pastafarian Stephen Cavanaugh. The judge state the obvious fact that  the religion Cavanaugh cited—Church of the Flying Spaghetti Monster—is not a religion but a parody.

Good. Continue reading →

Considering the Retrograde Mississippi Freedom of Comment of the Day #2: “Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…”

Jesus-Burdens-our-Religious-Freedom

The second Comment of the Day, also on the same post, comes from frequent COTD author Extradimensional Cephalopod. His topic is religious freedom. Here it is…

Human logic is so warped by truisms. Why are we discussing the competition between religious freedom and the principle of respecting others? Once we strip away the artificial distinction between religious beliefs and any other beliefs, everything becomes more obvious.

It makes no sense at all to say that people are free to believe whatever they want but that they should not impose those beliefs on others in public. Society is built on a foundation of mutual beliefs, beliefs about the best obligations we can all impose on ourselves on behalf of each other. Fundamental disagreements or paradigm mismatches about ethics and rights cannot be ignored, because they disrupt the fabric of society itself. (No, gay marriage in itself doesn’t disrupt the fabric of society; the fact that only a small percentage of the population can discuss it respectfully and intelligently indicates the fabric has been looking for an excuse to unravel.)

“Religious freedom” is an excuse to avoid difficult conversations and careful thought, and just sweep the differences under the rug. The only reason that’s possible is because (most) people decided they would prefer to ignore each other rather than kill each other, but that doesn’t make the underlying misunderstandings go away. They show up in politics because the law of the land is the only place where people have no alternative but to deal with each other’s beliefs about right and wrong (or leave the country). If we face our disagreements head on, but with the goal of learning, there is no reason “tolerance” needs to last forever.

I would never tell a person who believes that gay marriage is an offense against a magical energy being that they should keep that belief to themselves, any more than I would ask it of someone who believes that evolution is a more accurate and useful concept than creationism. People who keep beliefs to themselves rarely get the opportunity to learn they’re wrong. Of course, people who never shut up about their beliefs and listen to alternatives never learn either. Ideas should be sent out into the world to stand on their own. Most of them will be torn to shreds, and that’s good. The ideas that don’t survive weren’t useful, at least not by themselves.

There is no way to defend religion as a concept, let alone its exercise, because religion is an arbitrary collection of descriptive and normative beliefs with a lot of people who consider them somehow existentially important. Religion in general cannot be defended ethically or legally, because its beliefs could say literally anything. Any such defense would merely be an excuse to completely ignore skepticism and critical thinking in the name of… somehow being morally superior in a way that critical thinking and skepticism… somehow prevents. However, most (but not all) religions allow critical thinking in ways that don’t threaten their tenets, because the ones that don’t are even more horribly crippled due to their intellectual bankruptcy. Few complain because few know how to think critically, or value the practice.

Continue reading →

Ethics Dunces: PayPal, And Those Applauding Its Unethical Grandstanding

PayPal-logo-1

The online payments company PayPal announced that it is cancelling plans to open an office in Charlotte, North Carolina because the state’s so-called “bathroom law” “violates PayPal values.” Dan Schulman, PayPal’s president and chief executive, wrote in a statement this week:

“The new law perpetuates discrimination and it violates the values and principles that are at the core of PayPal’s mission and culture. As a result, PayPal will not move forward with our planned expansion into Charlotte.”

My many knee-jerk progressive Facebook friends immediately slapped their seal-flippers together and barked their approval in unison. “I (heart) PayPal!” more than one wrote. “PayPal is my hero!” wrote others.

Never mind that a corporation has no business using financial muscle to exercise extra-legal vetoes over legislation in states where it is not a citizen and where the actual citizens, in their legal exercise of their rights, have elected representatives who duly passed it. This cheering on excessive and abusive influence on governance by big corporations is especially hypocritical coming from supporters of Bernie and Hillary, who regularly claim that allowing companies the right to engage in political speech magically robs voters of their ability to reason and causes all to vote, zombie-like, according to corporate America’s will.

This is why Bernie Sanders and Donald Trump are leading…wait, that doesn’t make sense, does it? Actually none of the popular and media attacks on Citizens United are grounded in reality, law, or comprehension of the Constitution, and virtually none of the indignant opponents of the decision have read it or listened to the revealing oral argument. But I digress. The point is that the progressives endorse the practice of corporations using their power to warp the system in directions progressives like, but believe that this—this meaning bullying, threats and coercion— is the only form of influence that should be allowed—certainly not speech and advocacy.

That is just half of what makes the cheering for PayPal foolish and cynical. For PayPal is playing these people like a harpsichord, and indulging in outrageous, hypocritical grandstanding. Moving an office into North Carolina where the bathroom privileges of trans citizens are being restricted “violates the values and principles that are at the core of PayPal’s mission and culture,” but somehow… Continue reading →

Campus “Safe Spaces”= Free Speech Suppression And Intimidation: The Next Step

edinburghBad ideas take root when they are not immediately called what they are—bad—, then mocked, eviscerated, and destroyed with reason, logic and common sense. That is why fools should never be suffered gladly, and why their foolish inspirations should be dashed before they are allowed to draw a breath. Many factors, such as misplaced politeness, mistaking open-mindedness for lack of critical thought, laziness and cowardice  allow these bad ideas to spread like weeds.

Who was it that shrugged when it was first suggested that the U.S. should ignore its own immigration laws? Who was it who failed to point and laugh when someone suggested that rape accusations in colleges should be decided without due process? Who neglected to say, “Whaat?” when a legislator suggested that workers be exempted from doing the duties required of their jobs when their religions disapproved of them? Good ideas can be defended against the attacks of those without imagination or daring. Bad ideas have to slip by, undetected and unrebutted, until they get out of control.

Some, indeed many, allowed the ridiculous “safe spaces” theory to live when it should have been strangled in its crib. Now it is strangling education and open discourse on campuses all over the nation. I’m proud to say that Ethics Alarms did its part deftly when the related argument was raised on various blogs, including this one, that places of debate should be “safe,” in the sense that no commenter risk a harsh rebuttal or an insulting retort no matter what that commenter wrote. We lost a couple of hardy and substantive participants over the issue.

The “safe places” theory is especially sinister, as it also creates places safe for more bad ideas to flourish and grow beyond the stage where they can be stamped out with ease. Of course, not every idea, even good ones, are welcome to all. “Safe spaces” means guaranteed safety from  ideas that are unwelcome to the specific group constructing its safe zone, ideas like, say, “TRUMP 2016.”  It is the culmination of the position that people should be guaranteed the right not to be confronted with opposing views. Now the University of Edinburgh, “influencing the world since 1583,” is showing us what happens when the weeds of “safe spaces” are allowed to spread. Continue reading →