Rights

Sunday Ethics Warm-Up, 12/08/2019: Bulletin! The New York Times Reports Pro-Trump News Straight!

/ Jack Marshall / 13 Comments

You wouldn’t believe what I am dealing with right now, so I’m not even going to tell you.

Let’s just say that in this case, writing ethics stories is a welcome respite..

1. Let’s give credit to the New York Times. On its front page Saturday, the Times highlighted three large graphs, one showing that “monthly job gains under President Trump have shown strong, consistent increases “even after a decade of economic expansion”; one showing that wage growth has “picked up momentum,” and the other showing that unemployment has dipped below “full employment.”

All of this, plus a record high stock market, are just as candidate Trump promised and predicted.

The Times then says,

“With 11 months to go before the 2020 election, a polarized electorate is dividing itself by which story line it views as more pertinent — the president’s potential abuse of power, or the comfort of a steady paycheck credited to his leadership.”

Gee, let’s see…. “potential abuse of power” that was not an abuse of power at all, or jobs, higher wages, and rock bottom low unemployment. Tough choice. What a dilemma.

Give the Times credit for making it ridiculously clear what a big lie Big Lie #5 (“Everything is Terrible!”) is.

2. But let’s not get carried away! Here’s another Times headline from the same edition: Continue reading →

Sunday Ethics Review, 12/I/50: Birthday/Finding Dad Dead In His Chair Anniversary Edition

/ Jack Marshall / 17 Comments

[Yesterday I was just about to post the following when I felt a recurrence of the dizziness that sent me to the floor on Thanksgiving,  This sent me to the emergency room, where I spent  the second worst birthday of my life. I just got home, now just about 24 hours later, after three blood tests, about ten stroke tests, lots of other tests and quizzes, four doctors and a miserable night, culminating in the conclusion that whatever this was, it wasn’t related to my heart or circulation. 54% of fainting incidents, I learned remain mysteries. Swell.]

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Hi.

Ten years ago today, I went over to my parent’s condo to check on my dad, since my mother, then recovering from knee surgery, was concerned that she hadn’t heard from him. Jack A. Marshall Sr. was also going to take me out for dinner, since it was my birthday, but that pleasure was not to be. He had died, quietly during a nap, a few months short of his 90th year. I miss my father’s inspiration, guidance and unflagging support constantly, and December first has been a matter of serious dissonance for me ever since. I did take comfort, while everyone was telling me that I was a fool not to go to the emergency room after my fainting episode on Thanksgiving, that the odds of anyone dropping dead not only on the anniversary of his father’s death, but also on his own birthday, seems extremely remote. Kind of cool, though.

I took my birthday off of my Facebook page because those reflex happy birthday messages—I send them myself—are meaningless and  faintly obligatory. Two years ago I received almost 200 of them, then last year I got the message when the number fell by about two-thirds. I had made it clear by then that I was rebelling against the Facebook Borg aka “the resistance,” and so I had been told that I did NOT deserve a happy birthday. Fine. Bite me.

1 “The Crown” Ethics. A. The Pretend Sister-in-Law Of The King’s Pass! While waiting to see if I was going to pass out again, I began watching Season 3 of Netflix’s “The Crown.” Like the first two seasons, the series is uniformly excellent and largely accurate, but I am annoyed at Helena Bonham Carter’s turn as the middle-aged Princess Margaret. Carter is an excellent actress as well as one of the biggest stars the series has featured, but to be blunt, she’s too fat to play Margaret, who at that point in her life was  still vain winning the battle against middle-aged spread (at 5’1, it could not have been easy.) For a production that mostly aims for near perfect look-alike casting (young Charles, Princess Anne and Prince Phillip are especially uncanny), why would the producers allow Carter to appear on screen like this? Mostly, I’m annoyed at her: actors gain and lose weight all the time for roles, and a mere 10-15 pounds would have made Carter a credible and flattering Margaret. She could have hit the gym and laid off the kidney pie; obviously the actress didn’t care, and the producer and director let her get away with it, because she’s a star. Yet all the lines about how glamorous Margaret is make no sense as a result. Carter’s a beautiful woman, but she’s a mighty frumpy Princess Margaret.

B. A perfect future episode for Season 4, or maybe 5, is going on right now.  Prince Andrew, the younger brother of Prince Charles, has long been mentioned a party pal of billionaire sex-slaver Jeffrey Epstein, and thanks to a car crash  of a BBC interview in which he couldn’t have seemed more guilty and less remorseful, the Duke of York is reportedly being removed from all royal duties and may have his allowance cut off, meaning that his two princess daughters will no longer be supported by taxpayers, among other nasty consequences. Charleshas ordered a crisis meeting with his scandal-scarred brother before Monday night’s dreaded BBC special with key accuser Virginia Roberts Giuffre, who accuses Andrew of raping her while she was under Epstein’s control.

The news media has been ostentatiously uninterested in Prince Andrew’s travails, in marked contrast to its coverage of the various Charles-Diana scandals in days of yore. One reason, I think, is that Epstein’s OTHER celebrity playmate was Bill Clinton, and it will be hard to expose one without drawing attention to the other. After all, the objective now is to get Trump, not remind the public about Bill (or Harvey.) Media bias is exhibited as much by what isn’t reported as by what is. Continue reading →

It Is With Great Reluctance That Ethics Alarms Concludes That As Generally Repugnant And Vulgar The Term “Asshole” Is, Mayor Pete Buttigieg Is One.

/ Jack Marshall / 8 Comments

If this was just disgraceful pandering, grandstanding, and shameless virtue-signaling, he would only  have proven himself to be a jerk—a big jerk, to be sure,  but still just a jerk. But it is far more.

The new fad contender for the Democratic Presidential nomination is returning thousands of dollars in donations because they came from two lawyers who had the audacity to represent Supreme Court nominee Brett Kavanaugh as he attempted to defend himself against the contrived  ambush accusation of a sex crime, made in a Congressional hearing  on national television, a ploy designed to destroy his reputation. Buttigieg’s campaign said that it will not accept funds from people who helped secure the justice’s seat on the Supreme Court. You know. Dirty money.

Buttigieg’s campaign had received $7,200 from Alexandra Walsh, and $2,800 from Beth Wilkinson, Walsh’s law partner. Both represented Kavanaugh during his Senate confirmation ordeal. As I have vowed to point out every time some ignoramus asserts that lawyesr must be punished for the character, conduct or beliefs of the clients they represent and are responsible or culpable in any way for what those clients have said or done (or NOT done), it is a core and essential principle of our legal system that such an assumption is not only wrong but dangerous. It threatens the right of every citizen to receive competent legal representation and access to our laws and other rights.

Here, once again, is my favorite ethics rule, from the ABA Model Rules of Professional Conduct:

(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.

Whether the target is Hillary Clinton, Ted Cruz, Elizabeth Warren, Harvey Weinstein’s defense attorneys (also here), Larry Tribe, Gitmo defense lawyers, or Clarence Darrow, Johnny Cochran, Leslie Abramson and other defense lawyers who defend murderers and worse, the false claim that lawyers who take on unpopular, repulsive or guilty clients have done anything less than protected  the Bill of Rights and the rule of law is either rank ignorance or a deliberate effort to reduce the civic literacy of the public.

Buttigieg isn’t a lawyer, but he is very well educated and has a reasonable claim to brilliance.  Thus he knows and understands what lawyers do, but is acting as if he does not, intentionally making the public stupid (or keeping it conveniently as stupid as it already is ) for his own benefit.

Despicable.

But that’s not all. Continue reading →

In California, A Black Lives Matter Ethics Mess

/ Jack Marshall / 9 Comments

Here’s the story, and then we’ll look at the ethics miscreants who made an ethics  mess of it….

At Del Paso Manor Elementary, near Sacramento, a parent volunteer in a sixth grade class asked the teacher if she could teach an art lesson about diversity. The male teacher told her in front of the class that “his lessons would contain lessons with ‘a bunch of old white guys’ so her content may not fit.” The volunteer  was confused and “a bit concerned” by the statement, but went ahead with the project she had envisioned. She asked the students to each make  a poster that focused on something “they wanted to see changed at the school.”  Four students created Black Lives Matter posters.

The next day, the teacher told the parent volunteer that he had thrown the four posters away because they were “inappropriate and political.” The teacher asked the volunteer “whether students were getting shot at the school and demanded answers regarding why a presentation on Black Lives Matter was relevant” to the school.

The volunteer complained to the principal, who backed up the teacher and his decision, agreeing that Black Lives Matter posters are political statements and off limits for public display in the school. Then someone, perhaps the volunteer but maybe a parent, took the matter to the ACLU. The group then contacted the  school district, and argued that  Black Lives Matter posters were protected speech under the California Education Code because they “convey a student’s thoughts, ideas and beliefs in the support of black lives,” and were also protected under the California Constitution.

Ugh.

Now the ethics verdicts: Continue reading →

Missouri Judges Want Public Defenders To Violate Their Ethics Rules

/ Jack Marshall / 12 Comments

“Hey, Julie! Here’s another drug possession case for you! Looks like a bad stop and frisk…”

The overworked public defender problem is a massive ethics and civil rights problem that few members of the public know about, and fewer care about.

Many cities have underfunded public defender offices, meaning that the mostly young lawyers working there who are charged with protecting the rights of indigent citizens accused of crimes have excessive case loads, often brutally excessive. In some states, judges have ordered the offices to accept no more cases until additional lawyers are hired, because a lawyer’s representation must be competent and diligent, and these ethical requirements become literally impossible to meet when a lawyer has accepted responsibility for too many cases. In situations where public defenders have argued that indigent clients should be able to waive competence and diligence requirements (since the alternative may be no representation at all), the argument has been rejected. Those ethical requirements cannot be waived. They are mandatory.

In his article on the subject, Professor Stephen Hanlon of St. Louis University Law School, a civil rights specialist, writes, Continue reading →

Not Protesters, Just A Mob

/ Jack Marshall / 14 Comments

Giving a mob the dignity and legitimacy of referring to them as “protesters” just encourages them. A prime example occurred two days ago in New Haven, at the traditional Harvard-Yale game, the culmination of the Ivy League college football season. Personally, I wouldn’t have crossed the street to attend the 136th edition of “The Game,” though I witnessed the most famous of the them all, 1968’s 29-29 tie. Nonetheless, what a bunch of climate-addled demonstrators inflicted on a large group of students and alumni just trying to have a good time enjoying football, traditions, nostalgia and camaraderie  should not be romanticized. The “protesters” are arrogant, disrespectful and anti-democratic jerks. Boola-Boola.

A large mob of Yale Bowl spectators rushed the field at halftime, demanding that Harvard and Yale divest themselves of investments in fossil fuel and energy companies, delaying the start of the second half by nearly an hour, and causing the game to finish in near-darkness. Students from both schools, who didn’t care who they hurt or inconvenienced, rushed to midfield as soon the Yale band finished performing. ( At least they could have done it while the Yale band was performing…)The contest resumed after the Yale police issued 42 summonses for disorderly conduct. But the wasted hour threatened game’s finish:  the Yale Bowl lacks stadium lights, and the game went to double overtime. Yale won just before it became too dark to play.

The Ivy League referred to the protest as “regrettable.” and Yale said that while it “stands firmly for the right to free expression,” it added that “the exercise of free expression on campus is subject to general conditions, and we do not allow disruption of university events.”

So will Yale suspend or expel any of the mob? Of course not.

Protesters that set out to get attention by disrupting the lives of law-abiding citizens engaged in innocent activities are low-level terrorists. They aim to bypass democracy by creating implicit threats, hoping that their adversaries will surrender to just shut them up and avoid the annoyance. Continue reading →

Morning Ethics Warm-Up In Vegas, Afternoon Warm-Up In Alexandria, 11/22/2019

/ Jack Marshall / 6 Comments

Walter Cronkite, Nov. 22, 1963, relaying the shocking news that changed…everything.

Good whatever it is where you are!

1. President Kennedy was assassinated on this date in 1963. He had been President exactly as long as Donald Trump has, and by most measures, President Trump has accomplished more,despite the fact that JFK really did have “the best people.” You might have to go back to George Washington to find a more qualified Cabinet.  By this point in his term, JFK, we now know, had already committed impeachable “high crimes and misdemeanors” notably through his reckless sexual escapades with an Israeli spy and a mob moll, allowing J. Edgar Hoover (speaking of Deep State villains) to blackmail his administration, and perhaps others. Yet the vast majority of the public regards Kennedy as a great President, which shows what a pretty face, an inspiring speaking style, a complicit news media, and getting shot will do for a President’s reputation.

I’d ponder what this nation would be like if Lee Harvey Oswald had missed that beautiful day in Dallas, but that way madness lies, as King Lear like to say.

2.  How many botches can Joe Biden’s campaign take?  The Biden campaign sent out an email about Joe’s performance in the Democratic debate several hours before ithe debate had started. “Did I make you proud?” it began. (I can’t imagine another typical stumble-fest from Biden would make anyone proud, but never mind)

“I’m leaving the fifth Democratic debate now,” It continued. “I hope I made you proud out there and I hope I made it clear to the world why our campaign is so important.”

I wrote about something like this during the 2012 debates, when USA Today published an analysis by a conservative and a liberal pundit over the previous night’s Obama-Romney debate that was obviously written before the debate took place. These things are lies. What should the public take away from learning about them? They should learn that the people involved will deceive them even when they don’t have to.

“You might have just gotten an email from Joe about just getting off of the debate stage,” the rapidly deployed statement from the embarrassed campaign said.  “That’s our bad, team. We know Joe is going to make us proud tonight. We were just so excited for it that we accidentally hit send too soon,” they added.

Huh? If the message was written before the debate but pretended that it was written after the debate, it is a lie regardless of when it is sent. Continue reading →

Post Road Trip Ethics De-Brief, 11/20/2019, AND Morning Warm-Up, 11/21/2019

/ Jack Marshall / 30 Comments

Bvuh.

Thinking is a chore right now, never mind typing.

We returned from a triumphant two-Darrow ethics program New Jersey tour, highlighted by the intense Darrow oratory performed by actor/legal instructor Paul Morella. This does a cynical ethics CLE presenter’s heart good: finding myself short of time, I asked the assembled NJ Bar members to vote on whether Paul should omit Darrow’s famous Leopold and Loeb closing argument, or Darrow’s own desperate plea for an acquittal when he faced a jury considering his own guilt of jury tampering in the 1911 MacNamara case. The group almost unanimously voted that we complete both closings, with my ethics commentary as well, bringing the program to an end almost a half hour later than scheduled. Nobody left, and believe me, in most CLE seminars, the lawyers seldom stay one second longer than they have to.

Brought a tear to my eye…

No rest in sight, though: tomorrow, I take an early flight to team up with rock guitar whiz and singer Mike Messer in Las Vegas for Ethics Rock Extreme. And I’m punchy now...

1. Well, maybe the NFL is learning…News item: The Miami Dolphins released already suspended running back Mark Walton on Tuesday, hours after he was arrested on charges of punching his pregnant girlfriend multiple times in the head. Walton had been serving a four-game suspension because of  three arrests before the season started. He was sentenced in August to six months’ probation after pleading no contest to a misdemeanor weapons charge.

Now let’s see if the Patriots sign him…

2. Just a quick impeachment hearings note: It is astounding to me that witnesses are being called by the Democrats to testify regarding their opinions on a President’s phone call to a foreign leader. Big black headlines shout that witnesses called a phone call “inappropriate.” Who cares? The President has the authority to decide what is “appropriate,” and there are no impeachment articles in the Constitution designating “acting inappropriately” according to someone else’s opinion as a “high crime and misdemeanor.”  Leaders become leaders because they do thinks that others think are “inappropriate.”

Don’t get get me  started on presidential actions through the centuries that experts, government veterans and other critics at the time thought were “inappropriate,” or worse.

I started compiling a list of what I would consider genuinely impeachable actions by past Presidents The list makes the current impeachment push look even more contrived than it already is.

3. I see that the group that surreptitiously filmed Planned Parenthood staff discussing abortions was hit with over 2 million dollars in damages. Good. Continue reading →

Ethics Warm-Up, 11/19/29: Rushing Around Hotel Rooms Edition

/ Jack Marshall / 32 Comments

Started this post in a DoubleTree this morning, finishing it (I hope) this afternoon in a Hyatt.

1. Nauseating. The ACLU awarded Christine Blasey Ford the Roger Baldwin Courage Award.

There is no excuse for this, and it shows how deeply the once pointedly non-partisan Bill of Rights defense organization has allied itself with the political Left. The attack she fostered on Brett Kavanaugh violated the principle of due process and her unsubstantiated accusation of a dimly recalled sexual assault when the Justice was a teenager is the kind of abuse of justice that the ACLU once opposed. Writes an outraged Nina Bookout on Victory Girls,

What exactly did she do that could be defined as courageous?

  • Was it her allegations of rape that were never verified?
  • Was it her throwing high school friends under the bus?
  • Was it changing her stories in mid-stream, and then changing them again while testifying?
  • How about the fact that she needed Mark Judge to verify the date she was attacked because she can’t remember?
  • How about her beach conversations, the polygraph, and the weirdness about the second door?

If that’s today’s definition of courage by the ACLU, then we have yet another word with its meaning distorted in order to fit a desired narrative.

What Christine Blasey Ford did, with the tacit approval of the Left and encouragement from the likes of Diane Feinstein, is the very opposite of courage. It is spiteful cowardice.

Obviously, I think, Blasey-Fordis being lionized by the ACLU for applying the ends justifies the means approach by being willing to expose herself to deserved ridicule in order to smear a Trump SCOTUS nominee deemed to place the right to abortion at risk.

In this she is reaping the same benefits that came Anita Hill’s way when she ambushed Clarence Thomas with distant accounts of alleged sexual harassment.

2. Speaking of undeserving “heroes,” pundits are saying that it does not seem as if the NFL “trusts” Colin Kaepernick. Well, of course they don’t. The way he has packaged himself as a martyr for “social justice,” there is literally no chance that if signed as a back-up quarterback, he would devote his full attention and energy to playing football.

What I find amazing is the news media’s constant description of his kneeling stunt as “raising public awareness to police violence against African Americans.” How does a football player kneeling during the National Anthem call attention to anything other than a football player kneeling during the National Anthem? It doesn’t. My attention is drawn to police violence against African Americans when I learn about a genuine example of it, like the shooting of Walter Scott in the back as he fled an arrest. When inarticulate publicity-seeking  race-baiters like Kaepernick say their actions are meant to raise public awareness of police violence against African Americans and they cite Mike Brown, Tamir Rice, and other complex episodes, then they only call attention to their ignorance and unethical desire to demonize whites and police. Continue reading →

Ethics Quiz: “Ohio Student Religious Liberties Act of 2019”

/ Jack Marshall / 19 Comments

What new fresh Hell is this?

Perhaps not quite what it appears to be. The mainstream media, hostile as ever to religion, and of course to Republicans, making this a happy twofer, widely described the bill recently passed in the Ohio House as “Under the law, students can’t be penalized if their work is scientifically wrong as long as the reasoning is because of their religious beliefs. Instead, students are graded on substance and relevance.”

Well, that would be crazy. Such a bone-headed law would allow a religious student to state a non-fact as fact (no, the Earth just isn’t 6,000 years old no matter what Williams Jennings Bryan said) but a non-religious student repeating the same error would be graded down. But is this really what the “Ohio Student Religious Liberties Act of 2019” requires?

Here’s what it says:

Sec. 3320.03. No school district board of education, governing authority of a community school established under Chapter 3314. of the Revised Code, governing body of a Sec. STEM school established under Chapter 3326. of the Revised Code, or board of trustees of a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall prohibit a student from engaging in religious expression in the completion of homework, artwork, or other written or oral assignments. Assignment grades and scores shall be calculated using ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and shall not penalize or reward a student based on the religious content of a student’s work.

Continue reading →