And The Lindsay Clancy Ethics Train Wreck Keeps Gathering Steam…

Ugh. The Lindsay Clancy Ethics Train Wreck is a particularly ugly one getting uglier by the minute.

We began with a triple child murder and the abortion-addled women who think the murderer is a heroic figure for showing why it’s a good thing to kill babies before they are born (so you don’t have to kill them later). Then we had jury misconduct, as it was revealed drip-drip-drip style by a series of individual juror interviews in which we learned that a nurse on the jury introduced her own expert testimony into the evidence ( forbidden), and that a lone juror holding out for a guilty verdict was wrongly targeted by the jury foreman to get him off the jury so the murderous mother could be acquitted.

I believe that while not a technical ethics violation, the judge reading the Foreman’s note in open court rather than only to the lawyers was irresponsible and incompetent. No one outside of the lawyers and the jurors needed to know what the impasse was, and the judge adding that detail made the Lone Juror a likely target.

Next, the defense attorney publicly vilified the hold-out juror. Prof. Turley correctly condemned that act by Attorney Kevin Reddington, but failed to mention that it was an ethics violation: Rule 8.4, “Misconduct” forbids Massachusetts lawyers from engaging “in conduct that is prejudicial to the administration of justice.”  Sending the message to future perspective jurors that they risk being publicly attacked and denigrated for doing their civic duty is potentially disastrous to the administration of justice. I’m a Massachusetts lawyer: I may file a complaint against Reddington. In fact, I will.

In the post-mistrial juror interviews, we had the moronic quote from one juror that she was shocked that the prosecutor didn’t show more “compassion” for the defendant (in a child murder case!) in his opening statement, and what may be the Unethical Quote of 2026 from another juror, that the holdout “had the hardest time getting off the fact that Lindsay viciously killed her children.”

Yet another juror seemed to say that a majority of the women on the jury were determined to acquit Clancy from the beginning of deliberations, and perhaps from the outset of the trial. She also seemed to suggest that she had been pressured to change her vote and didn’t have the integrity to stand up for what she believed…unlike the Lone Juror.

After the defense counsel’s ethics breach, Plymouth County District Attorney Timothy Cruz addressed the media and engaged in prosecutorial misconduct. He stated that the investigation did not establish postpartum depression as the cause of the killings, maintained that Clancy was in control of her actions and that first-degree murder charges remain justified. In response to suggestions that the state was being insensitive to postpartum mental health issues, Cruz said, “Insensitive is killing three children” and that the prosecution’s job is to give a voice to those “who can no longer speak for themselves.” He added that the evidence gathered in the investigation showed that Clancy made a “cruel and calculated” decision and was legally responsible for her actions during the homicides. Massachusetts Rule 3.8. “Special Duties of Prosecutors,” forbids prosecutors from “making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”

I may file a complaint against Cruz, too.

[Oh: when I tried to find Mass. Rules of Professional Conduct 3.8 online, I got a message that said I was not authorized to view the page! Well, I guess that’s one way to avoid having your unethical prosecutors exposed…]

But wait! There’s more…

Reddington asked for the President to pardon Clancy. The President can’t pardon a defendant in a state prosecution, and as a lawyer, Reddington must know that. His plea was misleading grandstanding, and dishonest, designed to mislead the public.

I’ll add that to my ethics complaint.

And this, from Oprah…

By all means, white women shouldn’t be the only ones privileged to kill their children…

We also learned that from juror Paula Devlin on ‘CBS Mornings’ today that the Lone Juror who voted to find Clancy guilty of murdering her children was the sole black on the jury. Oprah’s gal-pal Gayle King, who has never displayed to me any particular talent or acumen justifying her position as a CBS morning hostess other than her relationship with O, was stunned:

King: A black man is the holdout juror?

Devlin: Yes.

King: Well, I have to sit with that for just a second.

Why does she have to sit with that for a second? Black men are not supposed to vote guilty in criminal trials? Black men are supposed to be sympathetic to child killers? Black men are supposed to bend to the will of white women?

9-11 Open Forum…

I have been given the ridiculous assignment of trying to produce a useful legal ethics presentation to lawyers association in 75 minutes this morning. On top of that, I can hardly ignore the metaphorical elephant in the room, the 25th anniversary of the attacks on the Twin Towers and the Pentagon, and yet the connection between that event and legal ethics is attenuated. The chief one is that lawyers who defended some of the alleged terrorists were and still are vilified in the conservative news media and by other ignorant critics.

Rule 1.2 (b):

(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.

Anyway, I’m off to downtown D.C. in the rain. More posts when I get back, I promise…

Friday Open Forum, With Prompts…

I resist the temptation to emulate the less labor- (and thought) intensive blog formats of Instapundit and, much of the time, Althouse, which consist of posting a link and a brief comment, along with a substantial quote, followed by “Read it all.”

However, this is one of those weeks when I doubt my life choices that emphasized creativity and windmill-jousting over financial gain, because boy it would be great if I could devote full time to Ethics Alarms without ending up living in a cardboard box…

So while, as usual, the ethics issues battled out here on the Friday Forum are up to you, here are some links to content that might inspire you:

1. This op ed in the Times made my head explode, and it was so dishonest and partisan that an ethical newspaper would be obligated to reject. But this is the New York Times. Typical quote: “As Mr. Trump has pushed for partisan gerrymanders and a voter-suppression law like the SAVE America Act, we’ve seen strong voter turnout in races across the country.” Right. Trump’s at fault for the “partisan gerrymanders.” And partisan hacks like the author regard suppressing illegal voters as “voter-suppression”…

2. Former Labor Secretary Lori Chavez-DeRemer, who resigned in April, was not just engaging in inappropriate conduct with her staff (and one male member of her security detail in particular), but such flagrant violations of policy, rules and ethics that one has to question her mental stability. I wrote one post referencing her at the time, but the Axis news media soft-pedaled the story, probably because the scumbag in question was a Hispanic female. Three of the women appointed to Trump’s Cabinet had to resign in disgrace. The Inspector General’s report came out yesterday [Gift Link] Yikes. Typical quote from the Times piece:

“During a personal trip to Oregon, the report said, Ms. Chavez-DeRemer asked her driver to take her and the agent to a strip club. She also had the driver go inside with them and asked him to drop money from her purse onto a partially naked performer. When the driver hesitated, the senior agent told him to follow the secretary’s instructions; later, he told the driver not to tell anybody about the incident.”

Read it all.

3. The End is Near for the American Bar Association, writes conservative law professor Josh Blackman. Anyone who watched the disgraceful performance of the ABA’s DEI president being eviscerated by Rep. Gill for her evasive and disingenuous answers while testifying before Congress in July shouldn’t doubt Blackman’s analysis for a second. His article reports that the group is in full ideological capture by the Mad Left, and, as a result, is about to be stripped of its ability to confer accreditation on law schools.

Now do the Association of Professional Responsibility Lawyers….

There. That’s enough to get you going…

A Rueful Ethics Note on the Late Gloria Steinem

Gloria Steinem, the feminist icon, died yesterday at 92. She was undeniably an important historical and cultural figure whose impact on American society was significant and predominantly positive. I’ll leave it to others to discuss that.

However, she was also critical to my understanding of how people drift into unethical habits and conduct, as well as my epiphany regarding the rareness of integrity among public figures, activists and celebrities.

Before Bill Clinton was President, Gloria preached the doctrine of inequality of power in the workplace. A woman could not meaningfully consent to social, intimate or sexual relations with a male boss, because he had so much power over her career and welfare. Sexual relations between male superiors and women who report to them was, she said, without exception, illicit, improper, abusive, and constituted sexual misconduct by the man.

Then came Monica. Feminists considered Bill Clinton an ally: I remember the scene in the Oval office where Bill signed the Violence Against Women Act (VAWA) in 1994, handing out pens to jubilant leaders of the feminist movement. When it was beyond denying that Bill had sexually exploited a young female intern; however, Gloria suddenly dreamed up rationalizations to let Clinton, who was and probably still is a serial sexual predator, off the sexual harassment hook.

She did so with gusto, too, in a New York Times op-ed, stunning in its denial of her previous positions. True, she said, there was an apparent imbalance of power between a young White House intern and THE PRESIDENT OF THE UNITED STATES OF AMERICA, but “Whatever it was, her relationship with President Clinton has never been called unwelcome, coerced or other than something she sought. The power imbalance between them increased the index of suspicion, but there is no evidence to suggest that Ms. Lewinsky’s will was violated; quite the contrary.”

That was literally the opposite of what she had insisted was the standard before Clinton was useful to her movement. It was also the exact moment that I began thinking about how an objective ethical perspective was missing in our national discourse.

And the last time I cared what Gloria Steinem said or wrote about anything.

Shameless Self-Promotion Dept.: I Join An Effort To Show How Unethical E. Jean Carroll’s Lawyer Is

From the National Legal and Policy Center today:

The National Legal and Policy Center (NLPC) has filed an appeal of the rejection of its complaint against E. Jean Carroll’s attorney Roberta Kaplan by the Attorney Grievance Committee (AGC) of the New York Supreme Court.

On August 3, the Committee, or rather its Chief Attorney Jorge Dopico, who apparently serves as political gatekeeper, rejected the complaint alleging that Kaplan failed to inform the court or President Trump’s lawyers that Carroll falsely replied in October 2022 to a deposition question about whether anyone else was paying for her lawsuits against President Trump. Carroll replied “No” even though Kaplan knew that the suit was funded by an organization bankrolled by left-wing billionaire and Jeffrey Epstein associate Reid Hoffman.

As the complaint noted, “At that moment, Kaplan knew that answer was false but waited almost six months later until the eve of the trial to correct the record by informing opposing counsel and the court that Hoffman had funded the lawsuits”…

As an exhibit to the Request, Kamenar submitted an Expert Witness Report by noted ethics expert Jack Marshall of ProEthics. His Report concludes: “The deliberate failure of Attorney Roberta Kaplan to follow the requirements of the New York State Bar’s Rules of Professional Conduct was serious and substantial. It caused significant harm to her client’s adversary and the administration of justice in the case at issue, as any distortion of the relevant facts in any matter will. The record, in my expert opinion, demonstrates Ms. Kaplan’s lack of honesty, trustworthiness and competence, rendering her continued engagement in the practice of law to be a threat to the integrity and reputation of the legal profession.”

“If the committee does not reverse the summary dismissal of our complaint, it smacks of a coverup,” Kamenar told the Daily Signal

Readers here know my opinion of Ms. Kaplan’s ethics orientation. I would not publicize the fact that I was hired to issue an ethics opinion for a client, but this client chose to publicize it themselves.

You can read the NLPC appeal here. The original ethics complaint is here. Click here for my Expert Witness Report.

Eureka! Ethics Alarms Has An Original and Startling Solution To A Looming Mail-In Ballot Catastrophe!

The New York Times alerts us (yes, the episode was supposed to be in this post, but there wasn’t space):

“The rate at which mail votes have been rejected for arriving late has ticked up in primaries this year and general elections last year in roughly a dozen states, prompting election officials to worry that the U.S. Postal Service is ill-equipped to deliver ballots in the fall midterms.”

It adds,

“State officials say they worry about the Postal Service’s ability to deliver votes this fall. They are urging voters to mail their ballots early or use drop boxes so their votes count.”

Being disturbed at this revelation, I was hurled into an abyss of worry and concern for our democracy. What could be done to forestall this seemingly unavoidable disaster?

More:

The states studied by The New York Times include some of the most critical battleground House and Senate seats where control of Congress will be determined, as well as key races for governor and secretary of state. The Times obtained data from California, Colorado, Maine, Maryland, Michigan, Nebraska, New Jersey, Pennsylvania, Utah, Virginia, Wisconsin and Washington.

In Wisconsin, which hosts an open race for governor, a competitive House election plus contests for both chambers of the state legislature, lateness accounted for about 5,000 rejected mail ballots in the spring primary this year, or 78 percent of all tossed ballots. During the last spring election, in 2023, the figure was roughly 2,300, or 47 percent of all tossed votes.

The increase is particularly striking when comparing primaries in 2024 and this year. In Michigan’s primary earlier this month, more than 10,000 mail ballots were rejected for arriving after the state’s deadline of 8 p.m. on Election Day. That is nearly double the number of ballots rejected in 2024. In Washington, the number of late-arriving mail ballots increased from about 16,000 to more than 20,000 in the same period.

This terrible. I briefly considered hurling myself out of my office window, but then remembered that it was on the first floor. And then, in the depths of despond, while I pondered weak and weary, a sudden, astounding inspiration came to me like a thunderbolt out the blue!

Why not tell voters to actually go to a polling place and vote in person? It’s a perfect solution! Like so many other brilliant moments of perception, from gravity to the knock-knock joke, once someone says it, it seems so obvious and amazing that nobody came up with it long ago.

Thank you, thank you everyone. But I just happened to be the vessel. It was inevitable that someone would come up with the concept.

In person voting!

It’s so crazy, it just might work!

Monday Morning Ethics Warm-Up, End of August Edition!

Gotta kick-start things here, clearly, as the weekend just past was an all-time low for reader participation: just 19 comments, not counting my own replies, spread over eight posts. This was especially disappointing after the previous week of anomalous traffic at a level hearkening back to those halcyon days when progressives hung out here and hadn’t fled to Bluesky because they couldn’t handle having their knee-jerk cant challenged. Of course, the explosion of traffic was all bot-driven: it mostly came from China and Vietnam.

For this week’s potpourri, I decided to sample New York Times stories exclusively, first, because I got no sleep last night and am uncharacteristically lazy, even for me; second, because it will remind you (I don’t need any reminding) what a perpetual Democratic, progressive, “resistance,” Trump Derangement-spreading propaganda agent the Times is, and third, because for now, anyway, any article subscribers link to gets past the paywall.

Let us commence…

An Ancient Viewpoint on Modern Ethics and Our Current Ethics Train Wreck Environment

Guest Post by James Rogers

[Note: I am abashed that over the years Ethics Alarms has neglected formal ethics theory far more than it has focused on it. Thus I was thrilled to receive this excellent guest post, submitted by faithful Ethics Alarms reader James Rogers. JM.]

It is evident to many, perhaps even a majority, that we have been living through and are still in a substantially unethical period in US and world history. How can we objectively determine if this is true? The multiple ethics train wrecks highlighted by our blog host is certainly one. Another reasonable and slightly less subjective method would be to consider how an eons-old founder of our civilization measured ethical people and behaviors generally and in the realm of politics.

Recently, I took the opportunity to read two books on the matter by Aristotle (4th Century BC), ‘Nichomachean Ethics’ and ‘Politics’. In those readings Aristotle directly addressed both the individual and societal perspectives on ethics and ethical government. This perspective has additional appeal as it isn’t tinged by modern religious biases.

Since we are humans, tackling individual ethics seems foundational as societal ethics comprises humans behavior and interactions regarding governance and broader economic and social commerce. Starting there, Aristotle points out there are three essential reasons for human action:

  • Pleasure (personal gain or goal achievement),
  • Honor (public recognition, affirmation, or reputation), and,
  • Virtue (for the benefit of another or others though it may also benefit you) without expectation of any recompense or acknowledgement.

These are universal in our human motivations, regardless of a person’s status, wealth or education.

Finding a truly or purely virtuous person or people to interact with is more than tough to find. In fact, it is fairly certain that person or set of people do not exist. Potentially someone independently wealthy, who needs nothing, who simultaneously is pursuing virtue is possibly out there,  but it would be more than challenging to find and identify them. If this is an accurate assumption, the human race is likely facing tough choices individually, as they strive to be virtuous themselves while finding others to engage with who will behave, at least in part, virtuously. As a result, we often make our own personal ethical compromises and also in our associations.

This is not promising.

Being Secretly Paid To Pimp For A Political Candidate On Social Media May Be A “Legal Gray Area” But It Sure Isn’t an Ethical Gray Area!

The New York Times reports that when so-called “social media influencers” declare their support for political candidates, they may may be getting paid to do it.

You know, like when Kamala Harris paid Oprah, Beyonce and Al Sharpton.

The Times says the practice falls “into a legal gray area.” Welcome to at least two substantive rationalizations on the Ethics Alarms Rationalizations List, #4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical,” and #5. The Compliance Dodge!

But neither rationalization that tries toweasel out of the obvious should be necessary, should they? When someone online, on video or on the web says they support a candidate, a policy or a political position, they are announcing that their support is genuine and not bought and paid for. It doesn’t matter whether it’s illegal to misrepresent the reason for the endorsement or the opinion, or to let audiences think that it is based on genuine belief or analysis without disclosing that it is really based on money. It’s dishonest. It’s misleading. It’s deceptive.

It is unethical.

And any candidate, PAC, organization or political party that pays for such fake support is cheating whether there is a law against doing so or not. This isn’t hard.

Since its favorite party is the main perp in this corrupt practice, the Times pronounces it bi-partisan. Yeah, some Republican scumbags do it too, but I mentioned the magic word “cheating,” so naturally the paid “influencer” scam is especially popular with the Cheating Party, Democrats.

Kendall Boyle is a TikToker in Michigan with over 21,000 followers. She told the Times she was contacted by a social media marketing agency called Activate HQ offering her a paid opportunity to post videos about “how rising costs are affecting Michigan residents in real life.” She was told that the source of the payments would be Majority Forward, a group linked to the Senate Majority PAC, a Democratic super PAC. Activate HQ explained that “disclosure is not required and the paid partnership label will not be included in any posts.” A condition of the deal would be that Majority Forward “will not be mentioned” in her content.

Boyle declined, telling the Times that “It was one of those things where something isn’t fitting right.” Ya think? Gee, what a well-honed set of ethics alarms she has!

From The Res Ipsa Loquitur Files…

The only way I could embed this video was to include the X-user’s commentary. No, liberal women are not “literally” brain dead.

However, it is hard to imagine a woman hearing such unethical, nonsensical junk escaping her mouth and not exclaiming, “Wait, did I really say that?” And useful research could and should be performed to determine how a woman ends up capable of thinking this way.

“The best way to protect my baby is to kill my baby.” This makes sense only in rare, dire circumstances such as when both mother and child are about to be eaten alive by a velociraptor or a ravenous zombie. With those remote exception, its an idiotic thing to say, or even think