Rights

I Hope Rudy Giuliani Recovers Sufficiently To Read This: A Legal Ethicist Neatly Explains What’s Wrong With Bars Punishing Trump’s “Stop the Steal” Attorneys

/ Jack Marshall / Leave a comment

Rudy Giuliani is in critical condition in a hospital today, and it reminded me to finish this post.

Giuliani is one of the lawyers hit with bar association discipline for representing Donald Trump in the wake of the highly suspicious 2020 Presidential election, or perhaps I should say the way they represented Trump and his contention that the election was “stolen” or “rigged.” I have written two posts about the D.C. Bar and New York Sate Bar’s proceedings against Rudy here and especially here. My conclusion in then latter piece, in part. :

“This case has been the subject of much debate by my legal ethicist colleagues of late, with a depressing near-consensus that Rudy is getting what he deserves. This is because, I detect, the vast majority of lawyers cannot see through their political biases and Trump hate. At the most simple level,… contrary to the Court’s certitude, all of the evidence is not in, though the claim that there was widespread election fraud and that the election was “stolen” has for many months been pronounced “a lie” by Democrats and the mainstream media with suspicious vigor. While the opinion makes a convincing case that many of Giuliani’s statements, including some made to courts and government bodies, were careless, sloppy, badly sourced, unprofessional and wrong, it cannot know at this point that his (or Trump’s) general claim is false. If it is not false, then raising doubts among the public cannot be called dangerous to the public. It is more dangerous to keep opinions, arguments and ideas from the public’s awareness “for their own good.”…Giuliani, like so many other victims of the 2016 Post Election Ethics Train Wreck, is being punished by a double standard predicated on the hatred of Donald Trump. That’s unethical.”

Esteemed law professor Brad Wendel, who belongs to the same, almost totally anti-Trump legal ethics specialist association that I do, has published a contrarian analysis following California’s disbarment of John Eastman (above), who was one of the principal architects, along with Kenneth Chesebro (who was disbarred in New York after pleading guilty in Georgia to charges of election interference), of President Trump’s legal assault on the 2020 election. There are plenty of tells in Prof. Wendel’s essay that he is far from a Trump admirer (for example, he refers to the “scheme to overturn the 2020 presidential election.”) However, he writes,

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Ethics Quiz: The Student Exposé

/ Jack Marshall / 22 Comments

A high school student in Philadelphia made series of videos, posted on TikTok, showing how exposed how some of his classmates could not read well nor comprehend relatively simple sentences. “whatthevek” posted a video showing single high school-aged students was unable to read the sentence, “She wore a silhouette of clothes that were extraordinary but somewhat gauche.” He made a follow-up video a day later in showing students unable to make sense of the sentence, “The colonel asked the choir to accommodate the governor’s schedule.” The videos were filmed at the city’s Preparatory Charter School of Mathematics, Science, Technology and Careers.

How surprised are you? I’m not.

The two videos went “viral,” accumulating 1.7 million likes and thousands of comments. The student says he won’t be posting a third, however. “I would post a part three, but the school board is trying to expel me, stop me from going to prom, and stop me from walking at graduation,” he revealed on Instagram last week.

South Philly-based Prep Charter has yet to conform or deny this. State test scores show that just 53% of students at the school tested proficient in reading, and 19% were proficient in math. Roughly 71% of Philadelphia’s fourth-graders cannot read at grade level, according to statistics from Philadelphia-based social justice group Achieve Now. The group also holds that about half of all adults in Philadelphia are functionally illiterate, one of the highest rates among large US cities.

Let us assume that the student, whose name is not yet known, is indeed facing punishment for his videos.

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Rueful Observations On A Trump Derangement Outburst…

/ Jack Marshall / 12 Comments

1. Nah, Trump Derangement is a myth!

2. If you want to see this orgy of hate and violence without the annoying commentary, here’s a link I couldn’t embed.

2. How does a mush-mouth like Topping have the gall to host a show of any kind? Jeeeez, whatever your first name is, get a coach! Learn to speak clearly. Slow the hell down. Not only are you hard to understand, your speech pattern is excruciating to listen to. This is malpractice.

Why hasn’t anyone told him?

3. Look at the hate on this crazy old bat’s face! What could possibly justify that?

4. There are several places on the web where one can purchase Trump pinatas. Here, for instance.

5. The onlookers cheering her on epitomize the description “angry mob.” The Axis of Unethical Conduct made them this way, hammering away at “Trump is a Nazi” and related slander and libel, day after day, for ten years. And it has caused brain damage. The remedy to speech is, we have decided as a nation, more speech, and “hate speech” is still protected speech. Inciting riots, however, is not protected speech. Nonetheless, inciting riots in slow motion, over long periods of time, by repeating demonizing and violence-triggering propaganda and rhetoric over and over again until it is embedded in weak minds, is legal. It is also unethical.

6. Do you think the crazy woman doing this while wearing a shirt that extols kindness on the front and the Golden Rule on the back recognizes the double standards she is embracing? It it intentional satire? Is she just an idiot?

7. Democrats cheer on this kind of lunacy while insisting that their “8647” rhetoric plays no part in the repeated assassination attempts. The only President I can find whose avatars were subjected to such vicarious and symbolic violence was Abraham Lincoln during protests like the draft riots in New York. (Confederate equivalents don’t count.) True, he wasn’t…

Oh. Right.

8. I react emotionally to people attacking and defiling images of the President of the United States. just as I do to flag burning. It is an attack on my nation, its institutions, its history and its values. The conduct shows civic disrespect that cannot be rationalized away.

______________

Pointer: Steve Witherspoon

Yecchh! The DOJ’s Indictment Against James Comey Is As Embarrassing and Unethical As The Democrats’ Lawfare Indoctments Against Trump

/ Jack Marshall / 18 Comments

How embarrassing, irresponsible and incompetent….

Yes, the Trump DOJ really indicted the Deep State’s scumball ex-FBI Director for his obnoxious Instagram post featuring an anti-Trump seashell message he happened upon on the beach (Yeah, I wouldn’t put it past this guy to arrange the seashells himself and then pretend it was made by someone else, but that is unprovable.)

Trump’s DOJ has unsuccessfully indicted Comey once already. That indictment at least had some law and logic to support it: this one does not. I didn’t think the DOJ and FBI could be so wasteful as to have an ongoing investigation of a seashell formation that has taken eleven months, but to be fair, tracking down all those mollusk witnesses and interviewing them must have been quite a chore.

Last year I wrote, after Comey issued his Instagram post,

“James Comey, the partisan, dishonest, unethical former FBI Director whom Trump was right to fire (but he should have fired him earlier) posted on Instagram, with approval, a message that consisted of the numbers 8647, meaning “rub out the 47th President,” Donald Trump, delineated with sea shells. …

 “Nice! It didn’t take long for Comey to realize that this was, to say the least, a tactical error, and he took down the post. In doing so, Comey proved what a mendacious creep he is again by claiming that it never occurred to him that 8647 might be interpreted as a call to have the President of the United States eradicated, offed, murdered, killed…you know assassinated. Never mind that there have been two near misses by the “Kill Trump” club already, that some Democrats and “the resistance” have openly advocated violence, and that for a former head of the FBI to join their ranks is, to put it mildly, unseemly. Comey said he was sorry.

“Not good enough. Not nearly good enough. A former high law enforcement official calling for the assassination of the sitting President is a big deal, attention should be paid, and Comey should suffer more than the indignity of having to channel Emily Litella (“Never mind!”)

“…There is no valid justification for taking criminal action against Comey (who wrote coyly under his shells photo, “Cool shell formation”), but there also is no good reason not to thoroughly humiliate this Ethics Villain either.”

Instead, the crack MAGA lawyers in Trump’s Justice Department decided to thoroughly humiliate themselves instead by using this old, obnoxious, since-deleted Instagram post as the basis for two criminal counts alleging that Comey “ma[d]e a threat to take the life of, and to inflict bodily harm upon, the President of the States”:

DOJ has to prove under the law that “a reasonable recipient“ of the image of “8647” posted by Comey “who is familiar with the circumstances would interpret” the post “as a serious expression of an intent to do harm” to Trump. It can’t. Among other things, the editing term “86” is ambiguous. Because I have been an editor, I know it means “Kill this section” or “throw away this story.” But even in the editing game, 86 doesn’t literally mean “kill” because you can’t kill something that isn’t alive in the first place. Furthermore, most Americans don’t have a clue that “86” means “eliminate/cut/get rid of/trash, etc.” In fact, the DOJ can’t assume or prove that Comey did, so the “knowingly and willfully” requirement is dead in the water, like the previous inhabitants of those shells.

It’s overkill because the indictment is obviously absurd and you shouldn’t have to be a lawyer, a legal scholar or a beach-comber to figure it out, but Alan Rozenshtein and Ben Wittes at Lawfare—a reliably anti-Trump, Axis-allied site, but that doesn’t mean it is always wrong— examined the legal issues regarding Comey’s post and concluded, “James Comey could have gone a lot stronger than ‘8647’ and still not risked jail.”

Absolutely correct. Taking a picture of an ambiguous message on a beach and calling it “cool” can’t conceivably constitute a “true threat.”

In Brandenburg v. Ohio, the U.S. Supreme Court held “the constitutional guarantees of free speech and free press do not permit [a law] to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” A seashell message on a beach complimented by a fired FBI director is likely to incite violence? Come on.

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Stop Making Me Defend Jeff Bezos To Totalitarian Progressives! [Updated!]

/ Jack Marshall / 12 Comments

UPDATE: I had multiple sources for this post, none of which, apparently, were accurate. Plus, the announcement above appears to be false. At this link, the paperback version of the book is indeed available at Amazon. I’m going to wait a bit, and leave this post up until I am confident that the whole thing is a hoax, or figure out what is going.

I apologize for the confusion. Right now I hate everybody and everything.

***

See, all you Jeff Bezos haters and Amazon boycotters? There wasn’t anything to get upset about after all. Jeff still cares about your values and the Democratic party, and Amazon is on the right side of the angels after all!

Amazon just censored “Camp of the Saints,” first published in 1973,that portends the destruction of the West as a result of third-world mass migration. Yes, it’s apparently a “Great Replacement” conspiracy theory book.

Never heard of it. However, for Amazon, the most popular and easily accessed book merchant, to refuse to sell a book like “Camp of the Saints” is undeniably viewpoint censorship. Yes, yes, I know, the First Amendment only applies to government censorship. That’s been the go-to rationalization by progressives to control the distribution of ideas they don’t like and find “dangerous” on social media, at college campuses and in the news media for a long time now. But freedom of speech, communication and thought is a core value in this country, or is supposed to be.

All my Trump-Deranged Facebook friends who announced they were boycotting Amazon, and the Washington Post staffers who resigned in protest when Bezos, the owner of the D.C.-based Democratic Party propaganda mouthpiece, refused to endorse Kamala Harris for President, should beg his forgiveness. Bezos is part of their club: he just didn’t want a paper he publishes to look ridiculous by endorsing an idiot.

By the way, I find Kamala’s ghost-written memoir of her run for President to be “offensive content.”

One wag writes on X: “I’m sure all the people who whine about ‘book bans’ when a school board prevents 6-year-olds from reading about gay sex” will be just as upset about this development. Funny, but I doubt it.

This also looks like an excellent opportunity to demonstrate to the unschooled how the Streisand Effect works. As I just noted, I never heard of the book, and wouldn’t have read it I had been aware of it. However, for the real defenders of democracy and our individual rights as Americans, making this book, whatever it says, into a runaway best seller now might teach the totalitarian Left a lesson. Here is what it looks like:

Nah, what am I thinking? The totalitarian Left hasn’t learned anything since it memorized Big Brother’s mottos—you know, like “IGNORANCE IS STRENGTH,” which explains the state of both our educational institutions and our journalism.

Smoking Gun Evidence That Democrats and Progressives Seek One-Party Rule, Not Democracy: The Virginia Special Election

/ Jack Marshall / 10 Comments

This is another integrity test for your woke friends who claim that Donald Trump is a threat to democracy.

Tomorrow, Virginians (like me) will go to polling places to decide whether to vote for a “proposed constitutional amendment.” Note that the proposed amendment isn’t included on the ballot. This is because Democrats, who dominate the state government cheat. There is no other way to explain this.

Constitutional amendments, which must be approved by Virginia voters, have to be on the ballot with a full explanation of the amendment available to the public at least 90 days before the election. Virginia Code 30-19.9 provides,

“The explanation shall contain the ballot question, the full text of the proposed constitutional amendment, and a statement of not more than 500 words on the proposed amendment. The explanation shall be presented in plain English, shall be limited to a neutral explanation, which may include a brief statement on the effect of a “yes” and “no” vote on the question but shall not include arguments submitted by either proponents or opponents of the proposal.”

How has it been “made available”? I don’t know: I hadn’t seen it, and I’m fairly informed on such matters. Maybe it was in something I thought was junk mail. Maybe Democrats think posting something on a website nobody is likely to visit is sufficient advance notice. The alleged required explanation of the current proposed amendment is here. In addition to the deceitful and misleading language on the ballot above, we see:

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Virginia’s Democrats Push More Viewpoint Censorship From The Left (Psst: That’s Unethical. Also Illegal.)

/ Jack Marshall / 9 Comments

Gov. Abigail Spanberger of Virginia has signed into law a bill that ends tax exemptions for Confederacy-honoring organizations in the state.

Huh. Funny, I thought the Democratic Party was the one that was running on a platform of protecting civil right, like freedom of thought, association and speech from that eeeevil, fascist Republican king, Donald Trump. Did I get that mixed up somehow? I guess I did.

“The signing by Ms. Spanberger on Monday is the culmination of a years long Democrat-led push to shake off the state’s legacy as the capital of the 11 Southern, slaveholding states that seceded from the country in the 1860s,” sayeth the New York Times in a sympathetic news story [Gift Link]that again proves there is no Democratic Party initiative so indefensible that the Times won’t try to spin it into virtue.

Awww, is Virginia all sad because of its history, and trying to erase it so nobody remembers? Tough. History is history and facts are facts. It is totalitarians and the followers of Orwell’s Big Brother who try to alter the past to confuse the public. Virginia was at the very center of the Civil War. Its citizens and soldiers were courageously trying to defend their “country” as they understood it. Those alive today who see those patriots as worthy of praise, study and honor have a fully defensible position, and even if it weren’t defensible, it is as worthy of non-profit status as any other position.

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I Just Can’t Give Trump a “Julie Principle” Pass When He Says Things Like This…

/ Jack Marshall / 25 Comments

“For Fox executives only, take Jessica Tarlov off the air. She is, from her voice, to her lies, and everything else about her, one of the worst ‘personalities’ on television, a real loser! People cannot stand watching her.”

….quoth the President in a Truth Social post two days ago. Tarlov is one of the rotating progressive Democrat co-hosts on Fox News’ talk show “The Five” and routinely does what she was hired to do, which is to be the house contrarian on a biased news channel, like Scott Jennings on CNN.

It’s a lonely and crummy job, but somebody’s got to do it. Jennings does it much better, but 1) he’s smart, articulate, and usually has the right side to defend, 2) the wokies and Axis agents on the panels with him are hardly the best and the brightest, and 3) Tarlov isn’t the worst of Fox’s hired Lefties, and I’d rank her as better than Juan Williams, the thankfully departed long-time holder of that role on Fox. Faint praise, I know.

But Ethics Alarms correctly slammed the Biden White House when it dishonestly attacked Greg Gutfield of “The Five” in 2023, so I shouldn’t use The Julie Principle to give President Trump a pass now. Presidents should only carefully criticize journalists and pundits by name if at all, and Trump doesn’t do anything carefully. It is punching down by definition; it looks petty, it makes him look thin-skinned and weak, and worst of all, it hands his principle-free and shameless critics an opportunity to say he’s pro-censorship.

This has been true for years, and yet Trump has a flat learning curve. It’s like a man who keeps smashing his head against a wall without figuring out that it’s not a good idea.

The Tarlov nonsense is even worse that that, in fact. After Trump has “demanded” (he can’t demand, because its none of his business) that Fox fire someone like Tarlov, he’s given that individual immunity from getting dismissed no matter what she does. Fox News has to keep Tarlov or look like Trump is running the network. Fox News is too much of a Trump and MAGA lackey already.

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Divisive?

/ Jack Marshall / 10 Comments

The Great Stupid’s warped values have made the term “divisive” particularly problematical regarding societal ethics. If, for example, a sign condemning sex with children is deemed to be divisive to some sick SOBs, my reaction is, “Good. Live with it. You’re wrong and normal people are right. We don’t care if you feel denigrated. You should be denigrated. And shunned.”

Then we have the divisive appeal for funds I highlighted earlier today. I firmly believe that an appeal for charitable assistance for one “tribe” or group to the exclusion of others who have exactly the same claim to charity, empathy, humanitarian aid and generosity is divisive, destructive, and wrong.

Two examples of controversies involving art and messaging also came across my ethics metaphorical radar screen today….

I. The mural honoring murdered refugee Iryna Zarutska in Providence, Rhode Island. The last moments of the innocent young woman slaughtered for no reason in particular by a deranged criminal repeatedly released to prey on an unsuspecting public is on the left, the now condemned mural in her honor is on the right. Mayor Brett Smiley (D, of course) ordered the unfinished mural, largely funded by Elon Musk, taken down. “The murder of the individual depicted in this mural was a devastating tragedy, but the misguided, isolating intent of those funding murals like this across the country is divisive and does not represent Providence,” he said in a statement. “I continue to encourage our community to support local artists whose work brings us closer together rather than further divides us.” Smiley’s Democrat primary challenger, Rhode Island state Rep. David Morales, said, “We’re seeing a right-wing movement that is exploiting the death of the refugee for the purposes of trying to spread division. Ultimately, we want to make sure that every community member that calls Providence home feels safe … and we can both agree that this mural behind us does not reflect Providence’s values.”

That’s interesting. What values do the honoring of a young woman who died because of elected officials, judges and law enforcement officials determination not to punish criminals and wrong doers “not reflect”? The fact that Iryna Zarutska was a Ukranian refugee is irrelevant, isn’t it? A young woman named Ann Jones, or a young man named Bill Shaw, or an old fart named, oh, say, Jack Marshall, being murdered while using public transportation would be equally worthy of public anger, wouldn’t it? Is dividing people who care about law abiding citizens being murdered because of irresponsible policies from those who shrug such horrors off as “collateral damage” a bad thing? What kind of people is Mayor Smiley and David Morales standing up for? Killers? Maniacs? Is the mural divisive because this particular maniac was black and his victim was white? I think the message of the mural is “Shame on you!” to all of the progressives, “restorative justice,” “defund the police” activists whose hands are stained with the blood of victims like Iryna Zarutska. Why should that message be suppressed or discouraged?

In its groveling statement sucking up to the woke and offended by justice, the owners of the building where the mural appeared mewled “We heard you [Providence]. We are deeply and sincerely sorry for everything that has taken place over the past week. After reflecting and learning, we have made the decision to discontinue this project and will move forward with removal as soon as possible. We remain committed to fostering unity, safety, and care for all members of our community, and we will continue to listen, learn, and act with those values at the forefront.”

Sure, you foster safety by supporting the removal of a strong statement against pandering to criminals. Got it. You’re disgusting.

[Pointer: JutGory]

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Ethics Quiz: Freaks in Sports

/ Jack Marshall / 21 Comments

Olivier Rioux is a 7-foot-9-inch college basketball player for the Florida Gators. Rioux is a freshman center weighing approximately 305 lbs. Born in Canada and already known as the tallest college basketball player in history, he also holds the Guinness World Record for tallest teenager.

He raises issues related to the transgender sports controversy as well as some that Ethics Alarms has discussed in earlier posts. Several involved intersex runner Caster Semanja, who has always identified as female but who regularly crushed female competitors in sports competitions because of an unusual amount of male hormones. When she was required to artificially lower her natural hormone mix to compete against women, I wrote,

“We can’t have special leagues and categories for however many gender categories science identifies and activists fight to have recognized, and there is no justification for creating artificial standards to eliminate outlier performers. The “solution” imposed on Caster Semenya—force her to take drugs that eliminate her natural advantage—is horrifying. How is this different from banging brilliant kids on the head until they have brain damage and no longer dominate their less gifted fellow students in school? What right do the sports czars have to declare an unprecedented, unique competitor unfit to compete because her, or his, unique qualities are advantageous? Why are so many woman condemning Caster as a cheat, when they should be defending her as a human being with as much right to compete as she is as anyone? Because she’ll win? Because it’s unfair that God, or random chance, or her own dedication rendered her better at her sport than anyone else?”

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