Category Archives: This Will Help Elect Donald Trump

The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

kellyanneThis post is one I do not want to write, and the fact that I have to write it is profoundly depressing. It requires me to criticize, indeed blow the whistle on,  professional colleagues in the fields of law and ethics, some of whom I know and admired very much, as well as fellow members of the District of Columbia Bar. Some of these colleagues are also members, like I am, in a distinguished association dedicated to the field of legal ethics. A superb book on the topic by one of the professors involved  sits in a prominent place in my office bookshelf.  I can see it right now.

Yesterday evening, I learned that a group of fifteen law professors and lawyers have filed a professional misconduct complaint against White House Counselor Kellyanne Conway, claiming that she violated the Rules of Professional Conduct for attorneys by giving false statements to the media. The fifteen signed the complaint, which was filed with the D.C. Bar’s Office of Disciplinary Counsel. When I read the names, signed on a statement printed upon the official stationery of Abbe Smith, a distinguished full time professor at my alma mater, (and where I worked in the administration for four years), Georgetown University Law Center, my heart sank. While I did not need to read the whole complaint to know it was contrived and intellectually dishonest nonsense, I did, and it fulfilled my worst fears. The anti-President Trump hysteria that has caused so many previously fair and rational citizens on the Left to behave atrociously and to betray their previously held values has officially infected lawyers in the legal ethics field. They are now riding the rails on the 2016 Post Election Ethics Train Wreck.

To be absolutely clear and unambiguous: the complaint is a political attack, and a cheap shot at the President of the United States through his staff. There is no merit to any of its contentions.

The professors claim that they were “compelled” to file the complaint because D.C. Rule of Professional Conduct 8.3 (a) requires that

“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

They are either addled by partisan political animus or lying, because there is no way, no way, these fifteen professors could know that, or even validly conclude it, based on what they have written in the complaint. To call their accusations against Conway a stretch is to be too kind. They are forced, exaggerated, trivial and manufactured. From what I have read in past commentary and opinions of several of them regarding other matters of lawyer misconduct, I have serious doubts about whether they believe them. I know that’s a serious charge, but I see no other explanation, other than temporary insanity.

To begin with, Kellyanne Conway is not working in a legal position in Trump’s White House. She is Counselor to the President, not White House Counsel. The President and Conway may choose, for his protection, to treat her non-legal policy advisor position as a legal representation, but the fact remains that she is not providing legal advice and services, only policy-related ones. Now, lawyers can violate D.C. Rule of Professional Conduct 8.4, Misconduct, while not engaged in the practice of law, but unless the conduct involved is criminal or displays “moral turpitude” sufficient to call into question the lawyer’s fitness to practice the likelihood of the conduct being regarded as sanctionable by the Bar is vanishingly slim.

From everything I can determines, Conway, though she is a member of the New Jersey Bar and an inactive (she needs to pay back dues and take my mandatory D.C. Bar ethics course before she can practice) member of the District Bar, has not practiced law in more than 20 years. She has been a pollster, an activist, a flack and TV personality as well as candidate  Trump’s campaign manager, but none of her professional profiles refer to her as a lawyer. The complaint alleges that Conway “engage(d) in conduct involving dishonesty, fraud, deceit, or misrepresentation” in breach of D.C. Rule of Professional Conduct 8.4 (c), and did so while not engaged in the practice of law.  In order to bring down the wrath of the Bar, such conduct must be extremely serious, criminal or bordering on it. Rule 8.3 “limits the reporting obligation to those offenses that a self–regulating profession must vigorously endeavor to prevent.” What kind of non-law-related “offenses” must “a self–regulating profession…vigorously endeavor to prevent”?  It is well established that questionable statements that an individual with a law license utters in the course of political activity and advocacy is not such conduct. Continue reading

55 Comments

Filed under "bias makes you stupid", Ethics Alarms Award Nominee, Ethics Dunces, Government & Politics, Law & Law Enforcement, Professions, This Helps Explain Why Trump Is President, U.S. Society

In Which Your Host Decides To Defenestrate A Trending Facebook Screed…

facebook-logo-810x400

Yesterday, I spied on Facebook an obnoxious bit of anti-conservative hostility that I hoped was an aberration. It wasn’t. I resolved to post an emphatic rebuke the next time one of my friends posted it, and the opportunity arrived quickly. Here is the original screed:

A DAY IN THE LIFE OF JOE CONSERVATIVE

Joe gets up at 6AM and fills his coffeepot with water to prepare his morning coffee. The water is clean and good because some tree-hugging liberal fought for minimum water-quality standards.With his first swallow of coffee, he takes his daily medication. His medications are safe to take because some stupid commie liberal fought to insure their safety and that they work as advertised. All but $10 of his medications are paid for by his employer’s medical plan because some liberal union workers fought their employers for paid medical insurance – now Joe gets it too.

He prepares his morning breakfast of bacon and eggs. Joe’s bacon is safe to eat because some girly-man liberal fought for laws to regulate the meat packing industry. In the morning shower, Joe reaches for his shampoo. His bottle is properly labeled with each ingredient and its amount in the total contents because some crybaby liberal fought for his right to know what he was putting on his body and how much it contained.

Joe dresses, walks outside, and takes a deep breath. The air he breathes is clean because some environmentalist wacko liberal fought for laws to stop industries from polluting our air.
He walks to the subway station for his government-subsidized ride to work. It saves him considerable money in parking and transportation fees because some fancy-pants liberal fought for affordable public transportation, which gives everyone the opportunity to be a contributor. Joe begins his work day. He has a good job with excellent pay, medical benefits, retirement, paid holidays, and vacation because some lazy liberal union members fought and died for these working standards. Joe’s employer pays these standards because Joe’s employer doesn’t want his employees to call the union. If Joe is hurt on the job or becomes unemployed, he’ll get a worker compensation or unemployment check because some stupid liberal didn’t think he should lose his home because of his temporary misfortune.

It’s noontime and Joe needs to make a bank deposit so he can pay some bills. Joe’s deposit is federally insured by the FDIC because some godless liberal wanted to protect Joe’s money from unscrupulous bankers who ruined the banking system before the Great Depression and AGAIN under Republican Rule in The 2000’s Joe has to pay his Fannie Mae-underwritten mortgage and his below-market federal student loan because some elitist liberal decided that Joe and the government would be better off if he was educated and earned more money over his lifetime.

Joe is home from work. He plans to visit his father this evening at his farm home in the country. He gets in his car for the drive. His car is among the safest in the world because some America-hating liberal fought for car safety standards. He arrives to his boyhood home. His was the third generation to live in the house financed by Farmers’ Home Administration because bankers didn’t want to make rural loans. The house didn’t have electricity until some big-government liberal stuck his nose where it didn’t belong and demanded rural electrification.

He is happy to see his father, who is now retired. His father lives on Social Security (an Earned Income Credit btw NOT an entitlement!) and a union pension because some wine-drinking, cheese-eating liberal made sure he could take care of himself so Joe wouldn’t have to.

Joe gets back in his car for the ride home, and turns on a radio talk show. The radio host keeps saying that liberals are bad and conservatives are good. He doesn’t mention that the beloved Republicans have fought against every protection and benefit Joe enjoys throughout his day.

Joe agrees: “We don’t need those big-government liberals ruining our lives! After all, I’m a self-made man who believes everyone should take care of themselves, just like I have!”

COPY and PASTE if you wish to share.

This was, of course, followed by the usual chorus of seals barking and clapping, which many likes and loves.

Now, I could have, had I chosen to waste an incredible amount of time de-bunking a load of lazy, unresearched garbage  that anyone not already so biased and smugly satisfied with  their inadequate education in history and logic would immediately recognize as such, written a definitive and thorough flaming of this monstrosity. But I have promises to keep and miles to go before I sleep, and the rantings of some pimply OccupyDemocrats hack just isn’t worth it. Thus I spent about ten minutes on refreshing myself regarding some details of what I already knew, and another eight or so composing this, which I have now used to reply to three Facebook Friends. I have also posted it on my own page.

I now post it here for Ethics Alarms readers who may encounter “Joe.” As I said, I could do much, much better, and be much, much more emphatic, but this particular gnat requires only a slap or two…

…not a bazooka. But feel free to adapt  and enhance what follows yourself yourself, and post it as needed: Continue reading

42 Comments

Filed under "bias makes you stupid", Ethics Train Wrecks, Facebook, Government & Politics, History, Quotes, This Helps Explain Why Trump Is President, U.S. Society

Integrity Test For The Angry Left “Resisters”: Why, In Light Of Your Conduct And Rhetoric Since November 8, Is This Analysis Unreasonable?

civil-unrest

The last time Ethics Alarms  highlighted a provocative post by conservative writer Kurt Schlicter, it was designated here as irresponsible. I’m not as certain that his latest is. I wonder if there are Democrats and progressives who can make a substantive argument that he isn’t expressing a legitimate concern. ( Ad hominem arguments not accepted.)

The post is called Straightforward From Here To The Left’s Fascist, Maybe Violent, Endgame.

Here are some excerpts, with my initial reactions:

The Democrat Party, its Media serfs, and Social Justice Incorporated are all outraged because we uppity normals are again presuming to rule ourselves, and their agony is delightful. Less delightful is how, in the process of trying to claw their way back into power, they are incinerating the norms and rules that preserve our political order. That stuff Hillary babbled about honoring the legitimacy of elections? Yeah, no. There’s an invisible asterisk only liberals can see that explains that the norms and rules are void when liberals lose.

I don’t see how this statement can be rebutted. The tone is hostile, but the analysis is accurate.

Think what they will do if they take power again. They are certainly not going to risk us ever being able to repeat November’s rejection. California’s decline lays out their tyrannical road map. When the Democrats took power here, they “reformed” the election laws to lock-in their party, co-opted the “nonpartisan” redistricting process, and changed the ballot initiative system to make sure we will never see another unapproved proposition. They ensured there is no way to stop illegal aliens from voting because they want illegal aliens voting.

Over the top, but not too far. California no longer has a two party system, and has embraced progressive cant as policy even when there is no evidence that it won’t be disastrous, as with the high-speed rail debacle and the commitment to double the minimum wage. Of course, Democrats will take power again. If too many conservatives feel about them like Schlicter does, the conservative “resistance” may make this “resistance” look like child’s play.

Do you think Hillary Clinton or whatever aspiring Hugo Chavez they offer up next is going to protect us from violent leftist thugs, or encourage them? Remember how Obama weaponized agencies like the IRS against conservatives? Multiply that by a thousand. Think about the “hate speech” rules used to silence conservatives on campus; imagine them as federal law. That’s coming, just like in Europe – it’s now a crime in France to speak out against abortion. Do you imagine leftists don’t dream of doing that? No, once back in power they will ensure we will never be able to challenge their rule. One man (or woman or other), one vote, one more time, then never again.

It is, in fact, now illegal to oppose abortion in France. In the U.S. Robert Kennedy III has advocated imprisoning climate change skeptics. The popular progressive, globalist argument that progressives always use to advocate government health care, gun bans, and elimination of capital punishment are easily adaptable to free speech restrictions, and Democratic members of Congress have endorsed those already. The casual shrug the mainstream news media gave to the IRS scandal while the Holder Justice Department refused to investigate it was just as ominous as Schlicter implies. Continue reading

35 Comments

Filed under Ethics Train Wrecks, Government & Politics, Journalism & Media, Leadership, The Internet, This Helps Explain Why Trump Is President, U.S. Society

The New York Times’ Unethical Headline (And Fake News)

immigrants-ellis-island

It is,  I have come to believe, the perfect example of dishonest, manipulative and partisan journalism, and here it is again: The Times headline on my morning paper—in ominous, “this is really important” block letters—

MORE  IMMIGRANTS FACE DEPORTATION UNDER NEW RULES

The headline refers to the President’s order yesterday concerning the enforcement of existing immigration laws. My maternal grandparents were immigrants from Greece at the turn of the 19th Century to the 20th. They did it by the book: Ellis Island, the whole thing. They were immigrants, not illegal immigrants, and the kind of rules this intentionally deceptive headline evokes would not have threatened them in any way. Yet they would have been alarmed by such a headline. Were they in danger of being sent back to Greece? Is the U.S. government now determined to deport immigrants?

That confusion is exactly what the Times and other news sources that have made a conscious decision to engender by eliminating the clear and material distinction between immigrants and illegal immigrants in news reports. The deceptive use of language allows partisans to tar the President and those who seek to enforce the law as “xenophobes,” and also to create fear among legal immigrants, who have nothing to fear.

We know that the Times does this intentionally, because an honest, informative, undeceptive headline is not elusive at all. “New Trump Deportation Rules Allow Far More Expulsions” is the web headline for the story, and that is accurate, since President Obama limited the number of law-breaking immigrants who would actually face enforcement of the immigration laws the violated and continued to violate. “Trump administration clears the way for far more deportations” headlines the LA Times: it’s not so hard to be clear and informative. The Times wants to  mislead. Continue reading

85 Comments

Filed under Citizenship, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, This Helps Explain Why Trump Is President, U.S. Society

Two Unethical And Unconstitutional Laws On Guns, One From The Right, One From the Left, Bite The Dust. Good.

guns4

I.

As last year’s flat-out demagoguery about banning gun ownership for citizens placed on the FBI’s no-fly list proved, Democrats will never let the Constitution get in the way of an emotion-based attack on gun rights. A rule  implemented by former President Obama after the 2012 Sandy Hook shooting (“WE HAVE TO DO SOMETHING!!!”) would have required the Social Security Administration to report the records of some mentally ill beneficiaries to the FBI’s National Instant Criminal Background Check System. Those who have been deemed mentally incapable of managing their financial affairs — roughly 75,000 people — would have then been prevented from owning guns.

The American Civil Liberties Union and advocates for the disabled opposed the restriction, which was so broadly drawn that an Asperger’s sufferer could have his Second amendment rights taken away. And what, exactly, is the link between not being able to handle one’s financial affairs and violence? Hell, I can barely handle my financial affairs.

By a 57-43 margin, the Republican-led Senate voted last week  to repeal the measure, and it now heads to the White House for President Trump’s signature.

Iowa Sen. Chuck Grassley, a leading Republican critic of the rule, said that it was filled with “vague characteristics that do not fit into the federal mentally defective standard” that could legally prohibit someone from buying or owning a gun. “If a specific individual is likely to be violent due to the nature of their mental illness, then the government should have to prove it,” Grassley said

Sen. Chris Murphy, a Democrat from Connecticut where the Sandy Hook massacre occurred, and thus obligated to grandstand regardless of the fact that he’s on shaky 2nd Amendment, 5th  Amendment and also Equal Protection  ground, declaimed on the Senate floor,

“The [Congressional Review Act] we have before us today will make it harder for the federal government to do what we have told them to do for decades, which is to put dangerous people and people who are seriously mentally ill on the list of people who are prohibited from buying a gun….If you can’t manage your own financial affairs, how can we expect that you’re going to be a responsible steward of a dangerous, lethal firearm?”

Well, I guess nobody in Congress should own a gun either, right, Senator? Continue reading

11 Comments

Filed under "bias makes you stupid", Childhood and children, Citizenship, Ethics Train Wrecks, Facebook, Government & Politics, Health and Medicine, Incompetent Elected Officials, Law & Law Enforcement, This Helps Explain Why Trump Is President, U.S. Society

Bias Makes The News Media Stupid, But It Makes Politicians Untrustworthy Jerks

Dad warned me about people like you, Al...

Dad warned me about people like you, Al…

The Stupid: Journalists

Let me begin by saying how happy I am that the mainstream news medias “fake news” gambit, where it attempted to blame President Trump’s election on ridiculous hoax stories spread on social media to distract from its own biased, dishonest and incompetent reporting, has blown up in its metaphorical face like those Acme booby traps do to Wile E. Coyote.

Here’s a new and especially stupid example of the biased, dishonest and incompetent reporting, although “dishonest” wasn’t in play.

The website Pop Suger posted an extremely inept and confusing story concerning U.S. Olympic fencer Ibtihaj Muhammad, who made history in the 2016 Olympics as the first female Muslim American to medal for the United States and the first American to compete in the Games wearing a hijab. The site and the reporter signal their untrustworthiness and Bias Makes You Stupid (BMYS) credentials by writing of the controversial immigration halt Executive Order,

“The executive order blocked thousands of refugees, immigrants, and visitors from seven predominately Muslim countries from entering the United States before it was struck down by a judge many days later.”

No, you ignorant dolts, the order was not and has not been “struck down.” It has been subject to a temporary restraining order, which is absolutely not the same as being struck down, as any second year law student intern could have told you if you cared more about accurate reporting  than bashing the President.

The story described Muhammad’s statements when she took the stage at a conference last week  and answered a question about the “travel ban” by saying that she had been personally “held at Customs for two hours just a few weeks ago.”  The athlete is not as adept at time sense as she is at her sport, because she eventually had to clarify that “just a few weeks ago” meant “in December.”   The website followed  with an update, but never mind. TIME saw her statement, didn’t check the time frame or notice the update, and tweeted yesterday (remember, the story was clarified two days before, and was wrong to begin with) the headline in TIME’s “Motto.”

“Olympic athlete Ibtihaj Muhammad was detained because of President Trump’s travel ban”

The U.K.’s Independent went with a story titled, “US Olympic fencer Ibtihaj Muhammad says she was detained by Customs after Donald Trump’s ‘Muslim ban.’

The Hill published an article whose opening paragraph read, “A Muslim-American Olympic medalist says she was detained by Customs for nearly two hours without explanation after President Trump’s travel ban was instituted a few weeks ago.”

Sports Illustrated and ESPN also published stories implying that Muhammad’s Customs detention was triggered by Trump’s immigration order,  and other journalists and pundits expressed indignation on social media.

Remember,  Muhammad was detained in December of 2016. Barack Obama was President. Trump’s Executive Order was just a twinkle in his eye. Continue reading

28 Comments

Filed under Character, Ethics Dunces, Etiquette and manners, Family, Government & Politics, Journalism & Media, This Helps Explain Why Trump Is President

Unethical Website Of The Month: #GrabYour Wallet

trump-boycott

Boycotts are almost always unethical, but the vicious partisan tactic of boycotting businesses because they or their owners  support or contributed to the duly elected President of the United States make usual boycotts seem saintly in comparison. Spite, vengeance, an attack on political speech and individual autonomy, call it what you will, there is no other side to this tactic. It is wrong. It undermines democracy. It punishes speech. It is the heating oil seller who tells Trump voters to freeze, and the yarn shop owner who tells Democrats to feed their knitting elsewhere, but on a grand, self-righteous, societally destructive scale.

#GrabYourWallet is a website whose operators  aim to hurt, injure and punish not only business owners who dare to have a different political view than they, but also their businesses employees, families and customers. This is the invidious outfit that bullied Nordstrom into dropping Ivanka Trump’s fashion line, because we must punish a young woman for supporting her father, who half the country chose to be President. This in turn led Kelly Ann Conway, the President’s spokesperson who is as much in over her head as a he is, to fall into the trap of violating the law by using her position to promote a product, because she chose an inartful way of telling decent Americans to reject the boycott.

Let me be as clear as Ethics Alarms can be. Continue reading

48 Comments

Filed under Business & Commercial, Character, Citizenship, Ethics Alarms Award Nominee, Ethics Train Wrecks, Family, Government & Politics, Rights, The Internet, This Helps Explain Why Trump Is President, U.S. Society, Unethical Websites