Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

/ Jack Marshall / 46 Comments

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading →

Amazing Tales Of “The King’s Pass”: The Johnny Manziel Saga

/ Jack Marshall / 32 Comments

To refresh your memory, from the Ethics Alarms Rationalizations list:Ethics Alarms Rationalizations list:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

There was good news on the King’s Pass front, when reports emerged that the Philadelphia Philllies decided to spend their “crazy money” on free agent outfielder Bryce Harper rather than free agent infielder Manny Machado because of Machado’s unsportsmanlike conduct during the recent post-season and his excusing his loafing to first  in a game by saying that he “wasn’t Johnny Hustle.” Since Harper’s ridiculous contract from Philly ended up being 30 million dollars more than Machado’s ridiculous contract with the San Diego Padres,  one could conclude that Machado ‘s conduct, which would get a lesser player benched, demoted, traded for a bag of peanuts or released, at least cost the jerk 30 million dollars.

Good.

But with the King’s Pass, such episodes are rare. Yesterday we learned that alleged football star quarterback—his nickname is “Johnny Football”—Johnny Manzeil was released from the Canadian Football League. The CFL wouldn’t give details, saying only he had “contravened the agreement which made him ineligible to play in the league,” but since it was known that the agreement included weekly therapy appointments, mandatory doctor visits and monthly Lithium tests, it doesn’t take a genius to figure out what happened: Johnny happened. Here’s a summary of Manziel’s “controversies” from Wikipedia:

June 2012 arrest

On June 29, 2012—before he was chosen as Texas A&M’s starting quarterback and before his first college game—Manziel was arrested and charged with three misdemeanors—disorderly conduct, failure to produce identification, and possession of a fictitious driver’s license. These charges stemmed from a late-night fight…In July 2013, he pleaded guilty to failure to produce identification, and the other two charges were dismissed.

…After the incident, Manziel eventually regained the favor of his team and head coach…and was named the starting quarterback… When reporters asked about the incident during his first press conference on November 27, Manziel stated that he had learned from the mistake and “had to make a lot of changes in [his] life.”[146][147]

2013 offseason

During the 2013 offseason at Texas A&M, Manziel drew significant media attention over his behavior off the field. Notable incidents include his early departure from the Manning Passing Academy after allegedly oversleeping, tweeting that he “can’t wait to leave College Station” after receiving a parking ticket, and getting kicked out of a fraternity party…ESPN reported that the NCAA was investigating whether Manziel accepted payments for autographs that he had signed in January 2013. The NCAA did not find any evidence that Manziel accepted money for the autographs, but reached an agreement with Texas A&M to suspend him for the first half of the season opener against Rice University, due to an “inadvertent violation” of NCAA rules.

2015 offseason

On February 4, Manziel entered a treatment program for unspecified reasons. On May 30, Manziel was involved in an incident with a heckler at a   golf tournament. The heckler had been continually asking for an autograph, to the point that Manziel became fed up and threw a water bottle at the man. The water bottle missed the heckler. Security and police were called, but no charges were filed.

2015 season

Manziel was pulled over by a policeman after fighting in his car with his then girlfriend, Colleen Crowley. Although no charges were made, Manziel admitted to having had some alcoholic drinks earlier that afternoon…On November 24, a week after Manziel was announced as the NFL C;eveland Browns’ starter for the remainder of the season, head coach Mike Pettine demoted Manziel to third string after a video of him partying surfaced on the Internet….It was later revealed Manziel reportedly lied about the video… Manziel was seen at a Las Vegas casino the night before the Browns played their final game of the 2015 season. Manziel was scratched from the final game because of a concussion. …The next day, Manziel failed to report to the Browns on Sunday morning when he was supposed to report to the team medic, which all players with concussions are supposed to do.

2016

On January 6, 2016, Manziel’s marketing agency, LRMR, announced that it would no longer work with Manziel. Manziel’s agent, Erik Burkhardt, also announced that he would no longer represent Manziel. On February 5, 2016, the Dallas Police Department announced that they were opening a criminal investigation with a claim of domestic violence involving his ex-girlfriend, Colleen Crowley. Dallas police had originally closed the case, but re-opened it with allegations stemming from an altercation on January 30, 2016, at a downtown Dallas hotel. According to Crowley, Manziel forced her into a car, pulled her by the hair, and threatened to kill both her and himself. On April 24, Manziel was indicted by a Dallas grand jury on misdemeanor assault charges for the incident.

On April 19, 2016, after just two months of representing him, agent Drew Rosenhaus terminated Manziel as a client, marking the first time in Rosenhaus’ 27-year career he fired an NFL player.On the same day, Nike ended its sponsorship with Manziel.[166]

On June 24, 2016, Manziel’s attorney, Bob Hinton, accidentally sent a lengthy text message to the AP relating to Manziel’s defense in his domestic violence case. In the message, Hinton expressed concerns about Manziel’s ability to stay clean, saying that he was given a receipt that suggests Manziel spent around $1,000 at The Gas Pipe, a drug paraphernalia store. On the same day, Manziel’s father, Paul, told ESPN: “He’s a druggie. It’s not a secret that he’s a druggie. Hopefully, he doesn’t die before he comes to his senses. I mean, I hate to say it, but I hope he goes to jail. I mean, that would be the best place for him. I’m doing my job, and I’m going to move on. If I have to bury him, I’ll bury him.”

On June 30, 2016, he was suspended for the first four games of the 2016 season for violating the NFL’s substance abuse policy. On December 2, 2016, Manziel and prosecutors finalized a plea agreement in which Manziel agreed to undergo counseling and have his conduct monitored by prosecutors for up to a year or face prosecution.

Apparently Wikipedia got tired of updating Johnny’s page. Now kicked out of the NFL and the CFL, a new pro league is thinking about signing Johnny Football, and here is how USA Today reported it, in part: here is how USA Today reported it, in part:

It’s no surprise Johnny Manziel’s sudden availability was cause for great celebration around the AAF (Alliance of American Football). Johnny Football would be the ultimate addition for the upstart league….Before anybody whips out a contract and a pen, however, be warned: You don’t know who you’re getting. Will it be Johnny Manziel, who last summer spoke earnestly of prioritizing his mental health and the costly lessons he’d learned from when he didn’t? Or will it be Johnny Football, whose boozed-up escapades and immaturity sent him crashing out of the NFL two years after he was a first-round pick?

Gee, I think it will be Johnny Manziel, certified asshole, who has been behaving the same way since college, but teams keep signing him and giving him money, sending the rest of the team, football, kids and the world that if you have talent, you can get away with almost anything, or at least get an endless number of “second chances.”

The other news? Manziel’s wife was accused of cheating in a half-marathon, and lying about her time.

Come on, AAF, sign him up! What are you waiting for?

On Basic Blog Participation Ethics [Updated]

/ Jack Marshall / 79 Comments

I just had to spam 14 comments, come of them quite extensive, a couple gratuitously insulting, by a former privileged participant here who has been banned from commenting following the procedures described quite clearly under the Comments policies above. That all of these illegal comments arrived exactly during the time when I was unable to visit or moderate Ethics Alarms because of a speaking engagement was either a remarkable coincidence or bad luck. The Mexican army attacked while the Alamo [no, not “Amazon,” as I wrote the first time.] defenders were asleep, too. It’s a crummy thing to do, and, of course, unethical. Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

On Trump, Otto Warmbier, Knowledge, Responsibility, And Making The Public Dumber

/ Jack Marshall / 47 Comments

And now, a brief note on ethics, leadership, and English comprehension….

President Trump did not say or imply that Kim Jong Un wasn’t responsible for the death of Otto Warmbier. Of course he’s responsible, just as President Trump is responsible for anything his government does. Ken Lay claimed that he didn’t know that his company was one big scam, and anything is possible, I guess. But as CEO, he was unquestionably responsible.

President Trump is getting clobbered on all sides for saying, regarding the late American student who was put in a coma by harsh treatment by North Korea, during Kim’s regime “He tells me he didn’t know about it, and I take him at his word.” Continue reading →

Ethics Warm-Up, 2/28/2019: No Birthday For Frederick Edition [UPDATED]

/ Jack Marshall / 33 Comments

Good Morning!

Back last night from a whirlwind day of ethics in NYC, and leaving today on an auto safari to Washington County, Pennsylvania, where I will address bar members to kick off their annual meeting. See Facebook? THEY don’t think I should be muzzled! Meanwhile, I will be celebrating the non-birthday of the pirate apprentice hero of Gilbert and Sullivan’s “The Pirates of Penzance,” who was, you recall, indentured to a pirate band until his 2ist birthday, and since he was born on Leap Year, legally committed to a life of crime until he was 84 years old.

1. Nah, Democrats don’t automatically default to race-baiting… Well this was certainly ugly and embarrassing. During  House Oversight Committee hearing with Michael Cohen, the fallen Trump fixer accused the President of making racist comments about African Americans. Let me interject here that this was obvious pandering to Cohen’s new pals in “the resistance.” It would have no probative value as hearsay even if the speaker wasn’t testifying with his pants on fire. Thus there was no need for Rep. Mark Meadows to try to rebut Cohen by asking Housing and Urban Development staffer Lynne Patton, who is black, to silently stand before the committee to (somehow) disprove that Trump is racist. Meadows (R-N.C.) said that Patton had told him there was “no way that she would work for an individual who was racist.”

Then Rep. Rashida Tlaib (D-Mich.) characterized Meadow’s stunt as racist, saying, “Just because someone has a person of color, a black person working for them does not mean they aren’t racist,” Tlaib said. “And it is insensitive that some would even say — the fact that some would actually use a prop, a black woman in this chamber in this committee is alone racist in itself.”

“You’re one of my best friends,” Cummings said to Meadows. “And I can see and I feel your pain, and I don’t think Ms. Tlaib intended to cause you that, that kind of pain.”

Tlaib then apologized to Meadows, saying it wasn’t her intention to call him racist. She just said that what he did was racist.

Oh.

2. Stop making me defend the Northam family! Gotcha! Just as Virginia Governor Northam was beginning to extract himself from the embarrassment of having to confess to being a Michael Jackson imitator via shoe polish, an enterprising black legislative page decided to nab her 15 minutes of fame by accusing Mrs. Northam of the dreaded “racial insensitivity.” It appears that Virginia’s First Lady, while narrating a tour of the Governor, triggered her my alluding to slavery.

“When in the cottage house you were speaking about cotton, and how the slaves had to pick it,” the teenaged page’s letter says. “There are only three Black pages in the page class of 2019. When you went to hand out the cotton you handed it straight to another African American page, then you proceeded to hand it to me, I did not take it. The other page took the cotton, but it made her very uncomfortable. I will give you the benefit of the doubt, because you gave it to some other pages. But you followed this up by asking: ‘Can you imagine being an enslaved person, and having to pick this all day?'”

“The comments and just the way you carried yourself during this time was beyond inappropriate, especially considering recent events with the Governor. From the time we walked into the mansion to the time in the cottage house, I did not receive a welcoming vibe.”

Ah. Now we see why Bernie Sanders was attacked by Democrats for saying that race shouldn’t matter. Mrs. Northam treated the black pages like she treated the rest, and that made this page feel unwelcome. And if Virginia’s First Lady had only given the cotton to the white pages? That would have been insensitive too, I’m sure.

To her credit, the Governor’s wife has not apologized. She responded that she has given “the same educational tour to Executive Mansion visitors over the last few months and used a variety of artifacts and agricultural crops.” Her intent is to illustrate “a painful period of Virginia history.” She said that she began last year to tell the “full story” of the governor’s mansion, including the Historic Kitchen. “I believe it does a disservice to Virginians to omit the stories of the enslaved people who lived and worked there — that’s why I have been engaged in an effort to thoughtfully and honestly share this important story since I arrived in Richmond. I regret that I have upset anyone,” she wrote, but she reiterated that she is  still committed to chronicling the history of the Historic Kitchen, and “will continue to engage historians and experts on the best way to do so in the future.”

Now, if she had given the tour made up as Janet Jackson, that would have been inappropriate.

3. My own private boycott: I will not buy products that continue the coarsening of our culture by employing juvenile references to gutter language to sell their wares. Now Mr. Clean joins the list, with the ad for “his” Clean Freak Mist. Today’s TV ad screamed out “Big freaking news!” As with Booking.com’s evocation of “fucking” its ads, this is neither clever nor novel. Shrug it off if you like. Continue reading →

Unethical Tweet Of The Month: Rep. Matt Gaetz (R-Fla)

/ Jack Marshall / 21 Comments

To be fair, he’s not quite as unethical a lawyer as Michael Cohen, but then Cohen isn’t in Congress…

Hey @MichaelCohen212 – Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot…

Nice.

Gaetz sent this tweet before Cohen testified before Congress. It is witness intimidation. It is also stupid witness intimidation. Among other things, it gave Speaker Pelosi an opportunity to appear fair and responsible, by stating,

Goetz doubled down on his ham-handed “nice little family you got there; too bad if something were to happen to it…” threat by denying that he was witness tampering, telling a reporter that he was “witness testing.“

This jerk is a Florida lawyer, and his bar is now investigating whether he breached the ethics rules by threatening a witness. Of course he did, and he did it on Twitter, which makes it the dumbest example of witness tampering in history.

Observations On Michael Cohen

/ Jack Marshall / 31 Comments

Ew.

  • Michael Cohen was officially disbarred from the practice of law this week, though that result was so inevitable that it barely qualifies as news. He pleaded guilty in November to lying to Congress and evasion of income tax liability, and was sentenced in December to three years in prison and to pay $1 million dollars in restitution. Tha alone made disbarment unavoidable, but he would have been disbarred without his crimes because he taped his client without his client’s consent and revealed attorney-client confidences to try to mitigate the consequences of his own conduct.

His disbarment is backdated to November when he pleaded guilty. It should have been backdated to the day he was admitted to the bar.

  • Conservative critics are absolutely correct that for Congressional Democrats hold a hearing designed for no other purpose than to slime the President while he was engaged in crucial negotiations abroad shows where their priorities lie, and they are not with the United States of America. They want the President to fail in all things (which seems unnecessary, since they will represent his successes as failures anyway), and to undermine his ability to do his job.

There was no valid reason why Cohen’s useless testimony could not have been postponed until after the President’s summit with North Korea’s Kim. Continue reading →

Open Forum!

/ Jack Marshall / 63 Comments

Alas, I have an early flight to New York this morning for some BigLaw legal ethics training, so I’m turning the blog over to the ethical readership, where I know it will be well cared for.

Write about whatever you like, as long as what you like involves ethics or leadership, and is devoid of nasty things and political rants. Also remember that if there are mosre than a single link in your post, it would be read until I get it out of moderation, and I can’t guarantee when that will be today.

Make Ethics Alarms proud!

Comment Of The Day: “A Visit To “The Ethicist””

/ Jack Marshall / 7 Comments

A disturbing Child Protective Services tale from slickwilly, and a Comment of the Day, on the post, A Visit To “The Ethicist”…

When my kids were little, we learned of the stories from friend and relatives where a CPS worker with a vendetta (or being paid off) would take someone’s kids and subject the parents to 7 kinds of hell just using the process against them.

A friend crossed (innocently enough) a CPS worker, who threatened to ‘get even.’ Several days later she was visited by stormtroopers who forcibly removed her toddler aged child and shipped him to Arizona, to a father who did not want him. This meant that the Arizona foster care system was where the child landed. Think dealing with ONE CPS agency is hard? Try two at once! It too all of the mother’s savings, and over a year, to get her child back. She did not get to even SEE her child for 3 months: a huge part of that child’s life. Terrible.

My relatives had a similar experience, after their daughter’s ugly divorce (where the father, who did not want the 3 year old boy, nevertheless made a mess by threatening to take away custody.) When the father sicc’d a friend from CPS on her, alleging abuse, the family sprang into action. A day after the initial call from the corrupt CPS worker, her apartment was raided to remove the child and document the alleged signs of abuse. Continue reading →