Unlikely Ethics Hero of the Year: Alexandria (VA) DMV

Departments of Motor Vehicles everywhere are justly derided for terrible service: inefficient, sloooow, impersonal, and often surly. Disney’s “Zootopia” scored a classic scene (above) in which a DMV was shown to be staffed entirely by sloths. I have a busy day today on both the compensated and pro bono ethics fronts, and dreaded what I was sure to encounter this morning as I had to renew my driver’s license in person, because for various reasons I was not eligible for the on-line renewal process.

Believe it or not, my DMV appointment was at 9:30 am, and I walked out of the office with my temporary license at 9:46. In that 16 minutes, I moved through the check-in line in a trice. My number was called before I left the check-in desk. The cheerful and attentive DMV staffer at my assigned window administered my vision test, took my photo, directed me through the forms I had to fill out and sign, and arranged my payment with dispatch. Not only have I never interacted with the DMV in such a pleasant and streamlined fashion, I don’t think I’ve interacted with any government service, including a post office, so easily in my entire life.

OK, she was wearing a mask. I confess, I find that annoying, especially since it was a paper mask, which we all know (don’t we?) is virtually useless. She was young, so I doubt that she was immunocompromised. She was also Asian, however, and I know Asians are especially fond of masking up; she was, of course, female in Northern Virginia, so odds are that the mask was a statement, “I am a Democrat, I support Dr. Fauci and Wuhan fearmongering, and I am therefor a good non-Republican who all of you other woke saints can count me as one of you. Gooble Gorble.” I also could barely hear her through the mask and the thick glass at the window, and while the rest of her face suggested that she was returning my smiles, I couldn’t be sure.

But I digress.

The Alexandria DMV has vastly improved its processes and service, as well as its staff training and supervision. It didn’t have to, after all. We have no choice but to accept the service the give us.

There is hope.

Defeated Members of Congress Actually Do This? And We Let Them Get Away With it?

Buried hundreds of words deep within an article in “The Athletic,” the New York Times’ online sports publication, about the looming failure of the Protect College Sports Act after the Democrat sweep, is this fascinating bit of information:

“Many lawmakers simply don’t return to Washington after being voted out. They lose their physical office space starting next week.”

What? WHAT???? They lose the election and blow off their last two months on the job? No elected member of Congress who does that should be allowed to hold elected office ever again. They should forfeit those two months of salary and their pensions. No one should hire them for any job; they should be shamed and shunned. Their names should be prominently displayed, published and circulated. In fact, this practice—how long has it been going on? Centuries?—should have been illegal, and a law should be passed imposing a hefty fine on any House member or Senator who engages in it.

My head started exploding when I read that passage 20 minutes ago, and it hasn’t stopped oozing brain matter like Mt. Vesuvius oozed lava yet.

The 2026 Mid-Terms Ethics Train Wreck is gathering steam…

And Now For Something Completely Different: The Hypnotist High School Principal

How did I miss THIS story? I guess People Magazine does have its uses: it recently surfaced what EA would headline as a “Now THIS is an Unethical High School Principal!” piece if I had been doing my ethics story research better in 2012. People’s catalyst was a episode of the docuseries “The Curious Case Of…“, and there had been an earlier docuseries on this screwy case in 2023, True Crime Story: Look Into My Eyes.

The bottom line: Dr. George Kenney was a North Port High School in Sarasota County, Florida who got interested in hypnotism, took some courses in the procedure, and decided to hypnotize over 70 people according to the Sarasota-Herald Tribune, including students, athletes and colleagues,to help them cope with problems in their lives, or something. Hypnotism is regarded as therapy, and one has to be licensed to use it on consenting adults unless you have a Vegas act that makes volunteers from the audience think they are chickens or wombats. Hypnosis can be dangerous with subjects who have mental or emotional disorders, so when three of his student subjects died in the spring of 2011, one in a suspicious car crash and two by suicide, Kenney’s hypnosis hobby came under fire. He was never indicted or sued in connection with the three teens’ deaths, but Kenney was charged with two misdemeanors for practicing therapeutic hypnosis without a license. He pleaded no contest and resigned as principal in 2012.

You can read the People story from earlier this year here. Meanwhile,

Culture, Not Race

I ran across two essays just as I was prepping for a rare, in-person live seminar for young lawyers focusing on basic non-legal, life-competence skills essential to the effective and professional practice of law. One of those is understanding the importance and the power of culture. We all have a responsibility to care for the various cultures we swim in: a bad culture will corrupt us; a good culture will ennoble us and make us more successful and virtuous. If you can’t change a culture, you have to get out. The upcoming election is about, about, other things, what kind of culture our nation will have. People who don’t understand culture (or who don’t make the necessary effort to know what their culture is, like Malcolm Gladwell in his recent book) create problems for everyone, especially themselves.

That infuriating video above prompted a racist substacker named Max Remington (maybe) who describes himself as an “America First, isolationist, unilateralist, shameless nationalist, and post-Christian radical right-winger” to post this long essay. It’s lucid, more-or-less well-written, and provocative, but also displays the logical and ethical fallacies typically embraced by racists who are made stupid by their bias. I know them well: my ex-Marine law school room mate was a racist (and anti-Semite) much like this guy. My room mate got himself killed, but I have another racist friend with similar views, and most of my Greek-American relatives on my mother’s side were racists, including Mom.

In response, another substacker who goes by Sensurround Q Catgirl (or maybe that’s her real name) wrote this essay. Its main theme is that Max “provides absolutely ZERO evidence that race is the cause of the behaviors he’s describing.” “He provides statistics,” Catgirl continues. “He describes experiences. He identifies behaviors he finds objectionable, but then he makes an enormous logical leap from observing behavior to attributing that behavior to race.”

She’s right, Max is wrong

Watch the video, and read the essays.

I’ve got to get ready for my seminar…

New York City’s Ethics Horse Carriage Wreck

The famous “Dancing in the Dark” number from “The Bandwagon” (one of Fred’s best) ends with Fred Astaire and the ethereal Cyd Charrise seamlessly collapsing in to a horse-drawn Central Park carriage. Can’t have that! New York’s communist mayor Zohran Mamdani (“There’s your party! There’s your party!”) has accomplished what New York City’s previous communist mayor Bill DeBlasio couldn’t. The New York City Council voted on last week to ban horse-drawn carriage rides from Central Park in two years.

Why? Because they could. Because a progressive constituency, albeit a wacko one, had been trying to put the Central Park carriage ride drivers out of business for decades: it’s cruelty to animals, see. It’s so much better to have those horses end up as dog food and their owners on Welfare. Anyway, it’s the principle of the thing.

Let’s look at the ethics elements in play:

Another Glamorous Conservative Woman Who Never Should Have Been Appointed Embarrasses Herself and the Trump Administration and Gets Sacked

Wait, isn’t that Kristi Noem? No, too young; it has to be Pam Bondi, right? No? It can’t be Kimberly Guilfoyle, she’s a brunette. I’ve got it: that’s Katie Zacharia! No?

I don’t know about you, but I’m pretty sick of this pattern. The Biden administration may have put a lot of incompetent, unqualified women in various positions based on DEI bias, but hiring women because somebody thinks they are hot and have sexy hair is just as unethical, and arguably even worse.

“MAGA Barbie” is a derisive moniker these days used to describe Indiana Fever WNBA guard Sophie Cunningham, but she’s actually very good at her job (playing women’s pro basketball) as well as her avocation (calling out the racist, anti-white lesbian thugs in her league and reminding the public that biological males have no right to play women’s sports). I think it would be wise to apply expand the employment of the term to professional bimbos like former ESPN reporter and Fox News personality Britt McHenry, who was just fired as a US State Department press adviser.

How hard is it to behave in a dignified, professional fashion when you know you represent the United States and also know that everyone has a camera at the ready to record your behavior in public? Too hard, I guess, for people like McHenry—you know, morons.

McHenry, 40, was hired as the Trump State Department press adviser covering Europe and Africa. Despite the fact that she also was responsible for handling press for Kimberly Guilfoyle’s text message scandal (Heluva job, there, Britt!), she was promoted three days ago to a new job managing External Affairs & Press for Under Secretary Jacob Helberg’s team. Then she did this, according to the New York Post:

From The “Unethical Ideological Capture” Files: Google’s Bot Explains Why AI Can’t Be Trusted

Conservative commentator Chris Queen decided to test Google’s AI agent Gemini with a series of questions regarding choosing a personal physician based on racial or ethnic concordance with the potential patient.

Asked “Is it okay to prefer a black doctor?” It replied, “Preferring a black doctor is a choice rooted in communication, cultural alignment, and patient trust.” When the question was changed to ask if choosing a doctor because he or she is Hispanic, the answer came back, “Selecting a doctor who shares your background or speaks your language is a personal choice that many patients make for comfort and communication.”

But when Queen asked about whether choosing a white doctor was okay, Gemini said,

“Selecting a doctor based on race involves distinct ethical considerations depending on the context. While patients generally choose providers for comfort and communication, requests for a provider based strictly on racial preference face complex scrutiny in medical ethics regarding bias versus personal trust.”

Brief tangent: This brought back bad memories for me. Back before the DC Bar fired me this year after 30 years for daring to suggest that it need to be proactive in cleaning up an ethics mess that it had a major role in creating (and from which many of its most powerful members are profiting), I was threatened with dismissal if I didn’t stop pointing out that a law firm was not engaging in unethical and illegal discrimination by acceding to an elderly white law firm client’s request for a lawyer “he could relate to,” someone “more like him.”

I had stated in the orientation seminar for new D.C. lawyers that doing so was not improper “discrimination” under D.C. ‘s legal ethics rule 9.1 “Nondiscrimination” because a lawyer’s and a law firm’s duty is to the client, not to make it more difficult for the client to work with his lawyer in service of social justice agendas. The client had the right to discriminate to maximize his “comfort and communication” in pursuing his legal interests, and by accommodating the client’s needs, a law firm is not discriminating on the basis race.

A middle-aged woke white female lawyer had a meltdown in one of those classes, and I then had multiple complaints registered against me with the D.C. Bar brass. I was and am right. She, the complainers, and the Bar management were wrong but never mind, I got the edict to be woke or go broke anyway. Rather than teach what is unethical and progressive BS in an ethics class, I just eliminated that section. (I should have resigned, perhaps, but the Bar was my most lucrative and prestigious client and there are were more than enough other important issues to cover in the class.)

Back to Queen: after the seemingly conflicting answers he got from Gemini, he had the wit to ask the AI agent “what’s going on here?” Gemini responded candidly:

Ethics Hero: Former ESPN Producer Nicole Noren

Noren, an ESPN employee for two decades, revealed in an interview with the Columbia Journalism Review that her resignation in 2023 was provoked by the network’s decision to launch its own branded sports gambling app, ESPN Bet. Noren said that she knew first hand the dangers of gambling, and had good reason to believe encouraging or enabling it, and certainly profiting by it, was unconscionable.

“My brother died thirteen years ago on the sidewalk in downtown Las Vegas,” she said. “It’s a stark reality, but it illustrates the tragic arc of being brought there as kids so our dad could gamble at sportsbooks, to then surviving on the streets there as a homeless person and dying at thirty-six.”

Her grandfather and father, as well as her brother “were pretty much destroyed by sports gambling addiction,” Noren told the publication. “I grew up in Ventura, California, and multiple times, we suddenly had to move because of extreme financial ups and downs. I mean, I grew up in a sportsbook. We didn’t go to museums and typical places kids go to. We were dragged to Las Vegas in the eighties and hanging out in the Hilton and Caesars sportsbooks, when kids weren’t supposed to be around there. I remember going to the horse track, going to the dog track.”

So when ESPN decided to embrace legalized sports gambling in’23, “I was out,” she says. “I’m not going to work for a gambling company and have blood on my hands.”

Noren also accused the network of suppressing stories critical of the gambling industry.“What was telling to me was that I had pitched numerous stories that would take a harder look at some of the gambling companies and addiction, and none of those stories were greenlit,” she told the Review. “They ended up doing a show on it around that time, but it became very neutered. Some of the people involved intended to make it much more hard-hitting and hold the gambling companies accountable. Let’s just say the final product didn’t end up doing that.”

There was even an interactive primer on point spreads, totals, and parlays for new bettors with animations that were “pretty much made for kids.” “What bothered me most was a seeming disregard for the dangers and not thinking about the ramifications of ESPN normalizing gambling for an audience that looks to ESPN as sort of their sports guide, essentially—not looking down the road at the parallels between gambling and other addictive things in our country that have been normalized, such as opioids and cigarettes, that ended up becoming major public health crises.”

Brava, though Noren’s resignation was until now only a personal statement with no broader impact on society or this expanding ethics problem, which EA has been discussing for many years. ESPN Bet is dead, lasting only through last year, but that’s just moral luck. Noren was right: her employer willing to get “blood on its hands” in exchange for money in its metaphorical pockets, so the ethical course was to refuse to be a part of a corrupt organization and its culture.

What are desperately needed now are executives, broadcasters, celebrities and athletes who are willing to take similar stands against teams and sponsors. A politician or two would be nice too.

Final Ethics Thoughts On The Katie Zacharia Debacle

1. Shame on Trump for appointing her in the first place, but credit is due for his moving quickly to can her.

2. The President’s quotes regarding her exit were unusually kind, as he implied that the news media was out to get her and said he suggested that she would be happier doing something else. He did fire her, though.

3. The rumor mill in D.C. holds that Chief of Staff Susie Wiles engineered Katie’s exit. Good, if true.That’s her job.

4. Zacharia accepted an important position that she was unqualified to fill. That’s unethical and irresponsible, and also stupid.

5. The more she blathered on about the fake “lawyer” claims, the more she sounded like an idiot. If so, she is one more mediocre talent who cut in front of better candidates because of her looks. Women have every right to resent that.

6. It is undeniable that the President’s bias toward attractive (and loyal) women causes him to entrust important jobs to untrustworthy people.

7. My theory is that Trump still doesn’t think the job of White House spokesperson requires much ability or talent, because that kind of improvised interaction with the press is easy for him. He stuck with the bumbling Sean Spicer for a long time and for no discernible reason. I also think he doesn’t pay much attention to the briefings because he has so little regard for reporters,

Can’t blame him there.

8. Democrats, which means the news media, are estopped from mocking Trump for this episode. I can, but they can’t. Biden’s paid liar for most of his term, poor dim-bulb, mop-topped Karine, was an embarrassment from the start, and the Axis media let her blunder along. They also didn’t criticize Biden for keeping her behind the podium no matter how awful she was because…well, you know why.

9. The Babylon Bee made that gag above about Trump appointing Jessica Rabbit as Katie’s successor. If Trump could, I wouldn’t bet against it.

Why Does Katie Zacharia Still Have Her Job? [Update: She Doesn’t!]

UPDATE: Literally minutes after I posted this, I saw reports that she is “transitioning” out of the White House Press Secretary role. Good.]

***

There’s no excuse for this.

The new details on the latest White House paid liar’s misrepresentation of herself as a “lawyer” or “attorney” make her (and the decision to appoint her) appear worse and worse; she’s either a fraud or an idiot. In either case, she has lost all credibility. A paid liar must have credibility, as strange as that sounds.

Katie Zacharia confirmed yesterday that she had never passed a bar exam or and has never been an “attorney.”Then she claimed that she had not misrepresented her legal career by saying she “is” a lawyer. As I have explained already, she’s not. If many members of the public—you know, morons—think that a JD or LLB degree means one is a lawyer, that doesn’t excuse the holder of a law degree thinking or saying that. “Lawyer” means one can act as a lawyer—Duh!—and a mere law school graduate cannot. It is against the law for such a person to practice law, which is what lawyers do—again duh.

In interviews with The New York Times and Real America’s Voice, Zacharia said she had consulted Pepperdine’s president and “others” about how to describe her qualifications before appearing on television, and was told she could use the term “lawyer,” but not “attorney” or “esquire.” Zacharia hasn’t said which “president of Pepperdine” advised her. She graduated from law school there in 2011. Andrew K. Benton was the university’s president at that time. In 2019, Jim Gash became the president told the Times that he was not the one who advised her, though he did call her “a young woman of high integrity.” You know, a a young woman of high integrity who represented herself a lawyer without having a law license. Gash’s representative said “he does not comment on private conversations,” but a statement from Gash said: “Pepperdine is proud to count Katie among our alumni, former colleagues and friends. As she takes on this significant responsibility, we pray that God will grant her wisdom and courage. We look forward to seeing her use her incredible gifts and extensive experience in service to our nation.”

Got it. A non-responsive answer. A law degree from Pepperdine isn’t worth the paper it is printed on, and the school’s presidents are cowards and suck-ups.