Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

/ Jack Marshall / 28 Comments

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading →

Morning Ethics Warm-Up, 9/22/2017: Listening To Maxine Waters And Getting Hit In The Face With A Baseball

/ Jack Marshall / 82 Comments

Good Morning!

(Boy, am I glad this week is almost over…)

 

1 There is an Ethics Alarms category for incompetent elected officials like Maxine Waters, but in general I try not to state the obvious, and Rep. Waters has been an embarrassment to her district, her party, the House of Representatives, her party, the Congressional Black Caucus, her gender, her race and democracy generally for decades. Her latest statement that “Impeachment is about whatever Congress says it is. There is no law that dictates impeachment” is an especially striking example of her ignorance, her defiance of her ethical duties, and her sick partisan extremism, but still: Who that has watched this woman can be shocked at this?

During a Congressional Black Caucus town hall yesterday, Waters called on the black community which, to our pity and its shame, trusts this despicable woman to support impeaching President Donald Trump because “there is no law” restricting the practice.

Waters either is unaware of or chooses to defy the Constitution’s Article II Section 4: 

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

A. That’s law. In fact, it’s the law of the land.

B. “Treason, Bribery, or other high Crimes and Misdemeanors” is not synonymous with “Anything Congress decides”

One of the worst things about Waters is that she makes citizens who trust her more ignorant about their own country. Her characterization of impeachment is simply false. It is also a prelude to an anti-democratic, ant-Constitutional system in which the Legislative Branch can veto the results of an election as long as one party has a sufficient majority. In this regard, Waters is not alone: this has been a theme of the Democratic “resistance” since the election. That alone is just reason for any rational American to vote against the Democrats, and this would be true if a werewolf were President.

It’s always fun to guess whether Waters is stupid, or lying. I vote stupid. “Bill Clinton got impeached because he lied,” Waters said yesterday. “Here you have a president who I can tell you and guarantee you is in collusion with the Russians, to undermine our democracy. Here you have a president who has obstructed justice, and here you have a president that lies every day.”

Bill Clinton was impeached for lying under oath, which made him unfit to be a lawyer, much less make the laws. He was also impeached for lying to a grand jury, another crime, and obstructing justice for real, not by firing his own subordinate.

An ethical party would censor Waters the way Republicans supported censoring Joe McCarthy. At this point in its history, the Democratic Party is closer to following Waters’ unethical conduct than opposing it. Continue reading →

From The “Stop Making Me Defend Lawrence O’Donnell!” Files: The Golden Rule

/ Jack Marshall / 59 Comments

A video has gone viral, mostly thanks to conservative websites and blogs, of MSNBC host Lawrence O’Donnell having an extended meltdown during the taping of his show, full of vulgar, expletive-laden explosions at his staff. Mediaite, the media gossip and news site, first released the video, and stitched together the multiple tantrums to make O’Donnell look especially ridiculous.

The tape resembles some classic moments from “SCTV on the Air,” the satirical syndicated ensemble comedy show ( with John Candy, Eugene Levy, Andrea Martin, Catherine O’Hara, Ric Moranis, Joe Flaherty and Dave Thomas) that chronicled the mishaps of a struggling, fictional local TV station. It is indeed funny watching a news anchor lose it, and once he blows his gasket, O’Donnell is spectacular

You will not see Ethics Alarms criticizing O’Donnell, however. Nor will I link to the video.  (The clip of Steve Martin In “Planes, Trains, and Automobiles” erupting at an airport rental car employee is as close as I will get.)  I know that I would be humiliated if one of my own bad moments during my work day, or after it, were surreptitiously videotaped and then leaked to the individuals I would least want to see it. I have had episodes, in the sparsely populated ProEthics offices, when stress, frustration, a series of horrible events and my own ineptitude have caused my emotions to boil over, and the resulting displays have not been something I would want shown to my grandchildren. If there is anyone who hasn’t had such episodes, I am awash in admiration.

I came close to having one today, in fact, after a string of annoyances was capped by the receipt of a summons from a deranged former commenter here, who is suing me for defamation because he says I was mean to him (I was; he deserved it) and wants me to pay him $100,000.  The suit is groundless and pure harassment, but I have better things to do with my time than deal with such things, and that did it for me.

My tirades are much more creative and active than O’Donnell’s. Also louder. Ask my wife.

There are few talking heads that I admire less than Lawrence O’Donnell. He is nasty, perpetually angry, and so left-biased that his head probably doesn’t turn to the right. I have been in the dark place where he was, however, and will be again. The only difference is that I do not have working with me the kind of unethical, vicious, back-stabbing  subordinates who would leak a video just to hurt me and my career. Continue reading →

Morning Ethics Warm-Up, 9/21/2017: Climate Change Deceit, Jimmy Kimmel, Trump’s Golf Ball Attack, Stephen King, And How to Cover The Left’s Epic Freak-Out

/ Jack Marshall / 57 Comments

GOOD MORNING!

(he shouted…)

1 When I wrote today’s early morning post about the Sherwin-Williams controversy, with a “hit the ball into the paint can” promotion going horrible wrong thanks to fake news and lying sports reporters, I wanted to use a famous old cartoon based on a sign that hung in the outfield in old Ebbets Field, where the Brooklyn Dodgers used to play. I couldn’t find it online, perhaps because it was 4 am. I just did, however…

2.  For some time, now, as the Left has commenced its nervous breakdown following Trump’s election, I have faced a daily dilemma. The ethics breaches, in civility, in journalism, in politics, have been so over-weighted to one side of the political spectrum that to cover issues based on importance and degree of ethics madness automatically makes Ethics Alarms seem partisan. I resent it, to be honest. The counterbalance is, of course, the President himself, but his brand of unethical conduct hasn’t changed since the campaign, though the Trump-haters never tire of freaking out over the same stuff. For example, after the infamous wrestling tweet about CNN, how nuts can you go when Trump posts a gag video showing him hitting Hillary in the head with a golf ball? Yes, it’s childish, yes, its unpresidential, yes, it shows lack of self-restraint, yes, it’s stupid. But I know and you know, and certainly his haters know, that Trump is childish, unpresidential, lacks  self-restraint, and is stupid. I’ve written too much about it already.

He is not, however, getting worse. Democrats, progressives and “the resistance” are getting worse, as they become more desperate in their derangement. I’m seeing things I didn’t believe possible, like serial child abuser Jimmy Kimmel being held up by the news media as the moral center of the Democratic Party. Jimmy Kimmel is nothing. He is a smug high school grad who has never done anything but perform, often disgustingly, as when he was host of the too-vulgar-to-be-believed “Man Show” on Comedy Central.

He’s never run a business; he’s never studied public policy. He’s a comedian whose signature act is egging on parents to make their kids cry and take videos of them. Ah, but he’ll give Hillary Clinton a forum to deliver her shadow UN speech, and pimp for Obamacare, so that makes him a policy expert. Incredible. Incredible, the depths to which progressives have fallen.

An immature, inexperienced, impulsive President, rather than being opposed, as he should be, by a professional, honest, respectable and responsible opposition party, has instead mutated the liberal establishment into as revolting a presence as he is. This is catastrophic for our politics, our culture, and our society, and that’s why Ethics Alarms devotes so much space to it.

3. Ann Althouse has the sharpest hypocrisy detector around, and she nailed horror novelist Stephen King (I like his novels, some of his movies, and he is a big Red Sox fan) for sending this anti-Trump tweet:’

Trump thinks hitting a woman with a golf ball and knocking her down is funny. Myself, I think it indicates a severely fucked-up mind.

She writes in part, Continue reading →

Unethical Headline Of The Month: NBC Sports

/ Jack Marshall / 24 Comments

I suppose the Ethics Alarms headline could also be Ethics Dunce: Bill Baer, for the NBC baseball writer responsible for the irresponsible, misleading, ignorant and mighty close to libelous story under the headline, which is…

Sherwin Williams is trying to back out of a charitable contribution at Angel Stadium

No, it isn’t. Not even close.

Here, in part, is what Baer writes. Raise your hand when you realize that he is full of beans:

The paint company Sherwin Williams created a neat promotion at Angel Stadium. There’s a giant paint can with the brand name in left-center field. If a player hits a ball into the can, Sherwin Williams will donate $1 million to the Angels Baseball Foundation, the Angels’ charity for kids.

Angels outfielder Justin Upton appeared to trigger that charitable contribution when he hit a solo home run to left-center field against Indians closer Cody Allen on Tuesday night. The ball bounced in front of the can and then went in on a hop.

ESPN reports that Sherwin Williams is using a technicality to try and get out of the obligation. Because Upton’s home run didn’t land in the can on the fly, Sherwin Williams is saying they’re not obliged to make the $1 million donation. In 2014, Frazee Paint and the Angels agreed to the paint can promotion and indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Frazee Paint is now owned by Sherwin Williams.

The first lie in the story that helps generate the false headline is, “If a player hits a ball into the can, Sherwin Williams will donate $1 million.” False. As the story itself confirms, the paint company agreed to donate the sum if a player hits a ball into the can on the fly, meaning without hitting the ground first. Also, presumably, this has to occur during a game, and not batting practice. I would assume that a player can’t stand ten feet away between innings and try to hit a ball into the can either. Or use a tennis racket to do it.

The second lie is that Sherwin Williams is using a technicality to try to get out of the obligation. Actually, the second lie is that ESPN reports that Sherwin Williams is using a technicality, because ESPN’s story, unlike NBC, is accurate. It doesn’t use the term “technicality” anywhere. Its headline is also accurate: ” Justin Upton’s homer doesn’t count for $1 million paint can promotion.”

That’s correct. The homer didn’t, and doesn’t. The ESPN story does say that the crowd applauded and cheered when the ball landed in the can, thinking the terms of the promotion had been met. What a surprise: a crowd of fans doesn’t know what’s going on. Sports reporters, however, are paid not only to know what’s going on, but to accurately explain it to the great unwashed.

After three lies, Baer (all right, if the headline is the first lie, then it’s four lies), writes, “indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Continue reading →

Ethics Observations On The Trump-Deranged Prof’s 2016 Post-Election Freak-Out

/ Jack Marshall / 27 Comments

Bridgewater State University professor Garrett Avila-Nichols wrote the Facebook screed above shortly after the November 8 defeat of Hillary Clinton by President Anti-Christ. Somehow the post didn’t become known to students—at least the ones he hate—and apparently even the university’s administration until this week.

Observations:

1 We are seeing one example after another of college professors making tweets and other social media posts denigrating conservatives, Republicans, whites, men and Trump voters in emotional, vicious and frequently obscene rhetoric. Can anyone recall any similar conduct from professors directed against liberals, conservatives, minorities, women, or Obama, Clinton or Carter voters? I know that there was no social media to abuse for much of those periods, but still: when did professors get the idea that attacking large segments of the population and the student body was tolerable? Why do they think it is acceptable conduct now?

2. Is it because they see, hear and read so much similar hate and fury in the mainstream media, social media, and mouth-foaming  anti-Trump fanatics like Maxine Waters, Keith Olberman, and Stephen Colbert, and see them get away with it relatively unscathed?

3. Professor Turley is almost an absolutist on the matter of professors being able to exercise their First Amendment rights on social media. Would he defend this? Really? How can someone teach students when he has declared in print and online that some of them aren’t welcome? How could such students trust such a professor to grade them objectively and fairly? Teachers are supposed to be mentors and allies: how can someone who hates you perform those roles? How can a school trust a professor who writes something like that?

4.  Does it matter that this is an old post? I don’t think so. Emotions that intense and judgement that terrible are signature significance. Rational, reasonable, trustworthy professionals don’t make public outbursts like that. Ever. Continue reading →

The Kid Mowing The White House Lawn

/ Jack Marshall / 26 Comments

Sure it’s a political stunt, but it’s a nice stunt. In the long tradition of Presidents responding to letters and news stories involving children, this is one of the better ones. It is certainly better than the last example, President Obama making a hero out of “Clock Boy,” a kid who was seemingly being used as a propaganda tool by his Muslim activist father.

Frank Giaccio, of Falls Church, Virginia., had written to Trump earlier this year, saying it would be his “honor” to “mow the White House lawn some weekend for you.”  In the letter that White House press secretary Sarah Huckabee Sanders read the letter at a press briefing last month, Giaccio wrote that he would cut the grass “at no charge.”

Any President with two brain cells to rub together would take up an offer like that and have photographers ready when the kid came to work. Sure enough, a throng was on hand as Frank was seen mowing in the Rose Garden after the White House invited him to spend the morning alongside the groundskeeper at 1600 Pennsylvania Ave. Diligent to a fault, he initially wouldn’t even stop mowing when the President spoke to him. Finally, he paused long enough to shake President trump’s hand.

Lessons? The President was humanized: he didn’t try to eat him.  The episode shows that America’s youth are still industrious and ready to work. It shows that patriotism lives. It shows that the rising generation is full of normal kids that love America, at least until they have been indoctrinated otherwise by high school and college teachers, and popular culture. Who could possibly object to this heart-warming scene? Continue reading →

Morning Ethics Warm-Up, 9/20/17: More Factchecker Spin, More Hillary (Unfortunately), And A Thank-You [UPDATED!]

/ Jack Marshall / 23 Comments

Good Morning!

1 One comment thread over the last few days encompassed media fact-checkers and the consistent position here that they are intrinsically biased and untrustworthy. Law prof/blogger Jonathan Turley was so incensed (his term was “floored”) over one of the better factcheckers (Wapo’s Glenn Kessler) spinning for James Comey and against Trump press secretary Sarah Huckabee Sanders that he wrote a column for The Hill exposing it. (Hey! That’s MY job!) He writes on his blog about what prompted the column:

I have discussed previously how there has been a palpable bias in reporting on the Trump Administration. It is often that case that some journalists are not simply satisfied with disagreeing with the Administration. They sometimes take judgment calls or opinions and declare the Trump side to be simply factually incorrect. This relieves the need for readers to address the opposing view of controversies like the alleged misconduct of former FBI director James Comey. Those views are simply dismissed as untrue. This is a prime example.

The professor is right. It’s embarrassing. Read Turley’s whole piece, clearly prompted because Kessler refers to Turley’s repeated indictments of Comey (while saying that he does not believe Comey should actually be indicted). One respect in which the ever-polite and professorial Turley differs sharply from Ethics Alarms: he says that he has ” written for the Washington Post and [has] great respect for the publication. Indeed, I have objected to the attacks by President Donald Trump on the Post and the New York Times which remain two of our premiere journalistic organizations.”

Hmmm.

1) Turley obviously wants to keep writing for the Post, I guess, and 2) premiere members of a group that has become unprofessional and untrustworthy are still unprofessional and untrustworthy. Be that as it may, Turley concludes,

The Post concludes that the memos were, despite Comey’s denial, FBI material and that he violated FBI rules in removing and releasing such information. It also accepts that employees under Comey as director could well have been fired for such violations. It also agrees that the memos might have been either classified or privileged, even though there has been no final determination. Regardless, the Post awarded two Pinocchios for Sanders stating that Comey’s actions were “improper and likely could have been illegal.”

I have to give the Post two “Blue Fairies.” (I do not want to steal the Post’s Pinocchio signature motif so the Blue Fairy in the Disney story will do). After all, it was the Blue Fairy who said, “A lie keeps growing and growing until it’s as clear as the nose on your face.”

2. There are two items about Hillary Clinton in the Warm-Up today, because she is simultaneously a human ethics train wreck of a failed Presidential candidate, but also needs as little publicity for being so as possible. Continue reading →

Ethics Quote Of The Month: President Donald J. Trump

/ Jack Marshall / 209 Comments

“In America, we do not seek to impose our way of life on anyone, but rather to let it shine as an example for everyone to watch. This week gives our country a special reason to take pride in that example. We are celebrating the 230th anniversary of our beloved Constitution — the oldest constitution still in use in the world today.

This timeless document has been the foundation of peace, prosperity, and freedom for the Americans and for countless millions around the globe whose own countries have found inspiration in its respect for human nature, human dignity, and the rule of law.”

—-President Trump, in his address to the United Nations, today.

Below is the whole speech.

Let’s guess how the pundits will attack it, as you know they will.  Personally, I think it is exactly what the United Nations, and the world, needs to hear from the U.S., especially this part:

“The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented. From the Soviet Union to Cuba to Venezuela, wherever true socialism or communism has been adopted, it has delivered anguish and devastation and failure. Those who preach the tenets of these discredited ideologies only contribute to the continued suffering of the people who live under these cruel systems.”

But my favorite line, which only the President could have inserted, was this:

“Major portions of the world are in conflict and some, in fact, are going to hell.”

The President owes me a keyboard for that one.

Continue reading →

Hold Websites Responsible For False Advertising And Fake News

/ Jack Marshall / 7 Comments

I had noticed last week that several supposedly respectable websites I check on had a news link that claimed that Michael Douglas had died. It was so pervasive I googled the news. Nope. Completely false. Total clickbait and a lie. Still, those fake headlines stayed up for days.

On The Daily Beast right now, looking exactly like one of the left-leaning news aggregator’s features, is a story headlined “Rush  in Total Ruins.” Then we have the revelation that Facebook profited from accepting links to false stories, paid for by Russian organizations seeking to undermine public faith and trust in democratic institutions. Facebook also has delivered to my page death hoaxes involving Clint Eastwood, Tiger Woods, Diana Ross, Raquel Welch, and Brad Pitt among others. Many of these are phishing schemes.

Websites that claim to be trustworthy and credible cannot agree, for whatever price, to place lies under their banners. They have a duty of due diligence. If they breach it, they should be liable. Even if the law can’t punish them based on  content, it should be able to punish such sites for aiding and abetting fraud for profit. How hard would it have been to check whether Michael Douglas was alive or not? How much time would it take to have an intern check to see whether Rush Limbaugh’s career is endangered? Newspapers have always excised discretion regarding ads, accepting their responsibility to keep their readers from being scammed. From what I am seeing now, websites accept no similar responsibility.

There have to be consequences. Continue reading →