Now THIS Is An Unethical Lawyer…In Fact An Unethical ETHICS Lawyer AND A Law Professor! [UPDATED]

February 3, 2017February 3, 2017 / Jack Marshall / 11 Comments

[ My apologies: when this was first posted, I had inadvertently pasted in an excerpt from the Justice press release when I thought I had inserted a link to the complaint. The result was gibberish, and I apologize profusely. Thanks to reader Neil Dorr for alerting me. No more posts composed on my netbook while watching the O.J. miniseries, I promise.]

Today the Justice Department announced a criminal complaint charging attorney Jack Vitayanon with conspiring to distribute 500 grams or more of methamphetamine. Incredibly, Vitayanon, who is under arrest, is an attorney with the Internal Revenue Service Office of Professional Responsibility in Washington, D.C. That’s the office that monitors IRS lawyers’ ethics. He’s also an adjunct professor at Georgetown University Law Center, where I got my law degree. I’m so proud.

Well, AMC needed a “Breaking Bad’ sequel.

The complaint says that Vitayanon conspired with others in Arizona and on Long Island to distribute methamphetamine for several years.He recently negotiated and competed the sales of distribution quantities of methamphetamine to undercover HSI special agents, and were recorded on internet-based video chats and text messages. Then the professor shipped the methamphetamine from his apartment in Washington D.C. to Long Island via Federal Express.

Vitayanon was also observed in his residence smoking methamphetamine from a glass pipe. A search of the defendant’s Washington D.C. apartment executed pursuant to a warrant led to the seizure of additional quantities of methamphetamine, drug paraphernalia, packaging materials and drug ledgers.

In other words, they’ve got him dead to rights.

The defendant graduated from Dartmouth, got his law degree at Columbia, and received his Masters in Taxation from NYU. A lawyer cannot be admitted to any bar without a showing of reliable and honest character. The system and the profession could not have failed more miserably.

Vitayanon is the criminal, but the legal profession and the IRS allowed the rot to get into works.

____________________

Facts:Washington Post

The Naked Teacher Principle, Ex-Porn Star Variation

February 3, 2017February 3, 2017 / Jack Marshall / 29 Comments

That's porn star Robyn (the blonde) on the left, in one of her online photos I can publish; and Resa, empowering teacher of young girls, on the left.

That’s former porn star Robyn (the blonde) on the left, in one of her online photos that I can publish; and Resa, empowering teacher of young girls, on the right.

It has been a while since the last Naked Teacher Principle episode. This one is pretty much standard, with the usual attendant lessons.

For the uninitiated, The Naked Teacher Principle (NTP), to which there are many sub-categories (my personal favorite is the “Naked Teacher Who Paints With His Butt While Wearing A Bag Over His Head Principle”), is this:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The first formulation of the NTP can be found here. The annals of this endlessly diverse issue are here.

Now the saga of Resa Woodward, aka Robyn Foster. Continue reading →

Unethical Quote Of The Week: Robert Reich

February 3, 2017February 3, 2017 / Jack Marshall / 31 Comments

“I was there for part of last night, and I know what I saw and those people were not Berkeley students. Those people were outside agitators. I have never seen them before.There’s rumors that they actually were right-wingers. They were a part of a kind of group that was organized and ready to create the kind of tumult and danger you saw that forced the police to cancel the event. So Donald Trump, when he says Berkeley doesn’t respect free speech rights, that’s a complete distortion of the truth.”

—-Former Clinton Secretary of Labor Robert Reich, spinning himself silly to allow his leftist-colleagues to duck accountability for the Berkeley rioting.

Nope, I don’t believe it.

Robert Reich isn’t a supposed to be a political hack. He’s a scholar and a former Cabinet member. Yet he felt it necessary to abandon all logic and honesty in order to try to shift blame for a leftist anti-Trump, anti-speech riot on a major college campus onto its targets. This might be good news: Reich is no fool, and maybe the Angry Left is beginning to realize that its tactics have backfired. So now it is just lying and blame-shifting. That’s an improvement. Sort of.

Reich’s statement is unbelievable on its face. He teaches at Berkeley, but does he really expect anyone to believe that in the middle of a night-time riot, he was in a position to recognize individual rioters and render an informed judgment regarding whether they were students? The school has more than 38,000 students! It is impossible for Reich to know all of them, and during the chaos of a riot at night, it is highly unlikely that he could even distinguish the students in his own classes. His unequivocal statement that none of the rioters were students is a false one: he cannot know that. He cannot know they were “outside agitators.” He cannot know that he had never seen them before, especially since many of them were wearing masks.

Then he says that there are rumors that they were “right-wingers,” and in the next sentence implies the truth of those rumors. You know, I’ve heard rumors for years that Robert Reich is really one of the Seven Dwarfs, escaped from the fairy tale, like in “Enchanted.” The smart money is on “Doc.” However, since there isn’t a shred of evidence that this rumor is true, and thus suggesting otherwise would be unfair and dishonest, I would never, never state that Reich is close associate of Snow White and Dopey. Reich, however, feels constrained by no such principles, being, apparently, a devotee of the false dialectic employed by leftists for a century or so.

Boy, did I get sick of arguing with people like him is college. Continue reading →

A Banner Day For Unfairness, Pettiness, Dishonesty, And Hypocrisy, Raising The Ethics Query: How Low Can Democrats And The News Media Go?

February 3, 2017February 3, 2017 / Jack Marshall / 21 Comments

Actually, mudslinging would be an improvement…

…as well as the related queries..

1. How low do they think they can go without alienating every American with a conscience and a brain?

2. Does any leader with integrity, courage and influence exist in either journalism or the political left to call out this escalating madness?

Yesterday was a stinking garbage scow of unfiltered anti-Trump hate and public deception.

The Prayer Breakfast Freak-Out: I wondered if the Washington Post, which has made very clear its own attitude regarding prayer (and religion generally), would have the gall to criticize the President for not being sufficiently pious during yesterday’s Prayer Breakfast. Just two weeks ago, the Post mocked the Secretary of Agriculture nominee for once “praying for rain.” (The mocking headline has been scrubbed now) Sure enough, the Post did have such gall; so did MSNBC and other media outlets that regularly display contempt for the genuinely religious, a significant majority of whom are conservative and Republican.

The critics of the President’s comments care nothing about prayer, basically like me, but unlike Ethics Alarms they are willing to plow new ground in hypocrisy by using this superfluous event to launch more gratuitous outrage. The Prayer Breakfast has the same origins as the addition of God to the Pledge of Allegiance. It was an anti-Godless Communism grandstanding stunt by Fifties era Republicans at the height of their Red-Baiting mode. Now the same anti-religion liberals who routinely condescend to the faithful, and lobby for taking all references to “God” out of official documents, the same anti-religious zealots who have condemned Betsy DeVos for her support of Catholic schools, are deeply, deeply offended that the President joked about “The Apprentice” at a Prayer Breakfast.

The Frederick Douglas freakout: The President spoke of Douglas in the present tense in his random remarks about Black History Month on February first, prompting multiple cheap shots and despicable contrived insults. The Post wrote yesterday, Continue reading →

Comment Of The Day: “More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry”

February 2, 2017February 2, 2017 / Jack Marshall / 60 Comments

Shutup, in contrast, DOES get it, whatever it is…

A delightfully articulate and analytical reader with the intriguing name“Shutup” sent along today’s Comment of the Day, on the post on the Farmers Only.Com ads, which encourage the bigotry and divisiveness we are increasingly seeing in our country. In his trenchant commentary, reminiscent of Shaw or Mencken, he interestingly labels your humble host a “libtard,” and perhaps as a result, seems to misunderstand the purpose of an ethics blog. For Ethics Alarms never tells anyone what to do; it just explains what one’s ethics are when one does it, and why it may not be wise.

I also offer the comment, which is of the stripe that usually does not make it out of moderation, console disconsolate Hillary fans that the sightings of free range deplorables may be more than mere rumor after all.

Here is Shutup’s Comment of the Day on the post, “More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry”

We will not be hearing from him again.

And welcome to my world… Continue reading →

Ethics Observations On Berkeley’s Anti-Speech Riot

February 2, 2017February 2, 2017 / Jack Marshall / 139 Comments

From SF Gate:

A protest at UC Berkeley over a scheduled appearance by right-wing provocateur Milo Yiannopoulos turned fiery and violent Wednesday night, prompting police to cancel the event and hustle the Breitbart News editor off campus. But even after the event’s cancellation, hundreds of protesters spilled off campus into the city streets, where the violence continued as they confronted drivers, engaged in fights, smashed storefront windows and set fires.

Protesters decried President Trump’s policies as much as they did the visit by Yiannopoulos, a gay conservative who has been making the rounds at college campuses across the country with his “Dangerous Faggot” talks, specializing in remarks meant to insult, offend and disgust liberals who disagree with his ideas.

Explain The Reasoning Process Of This School System, Please…

February 2, 2017February 2, 2017 / Jack Marshall / 19 Comments

Hate speech. Sorry. The lesson has to be “Some states fought the Union over something or other, waiving a flag that we can’t show you because it’s dangerous.” Quiz tomorrow.

President Trump’s nominee for Secretary of Education is facing the closest Senate vote on any cabinet member ever, in part because two Republican Senators (what the Democrats say doesn’t matter, since they have decided not to cooperate in the governing process) question whether Betsy DeVos “understands the public schools.” In her defense, I don’t see how anyone could understand public schools, especially when they behave like this one…

In Folsom, California, the family of an African American 8th grader filed a complaint against Sutter Middle School history teacher Woody Hart. Tyrie McIntyre’s son had asked Hart for a definition of equality during a discussion of the U.S. Constitution. The teacher allegedly told his eighth-grade class, “When you hang one black person, you have to hang them all. That is equality.” At least that is what Tyler McIntyre, 13, thought Hart said. Tyler, one of only a handful of black students in the class and school, felt embarrassed.

Hart, 70, didn’t deny his student’s account, but explained in an interview that he made the comparison because he was trying to make the discussion “interesting” and “express something that would catch students’ attention.”

“Here’s what I said: ‘If you hang black people in the South, that means that you hang any black person who comes from outside the state. ”

Hart also said that he has spent much of the year teaching his students about racial equality. If that’s the clarity, logic and accuracy with which he taught it, a remedial course, indeed several, may be required.

After the complaint, Principal Keri Phillips interviewed six students chosen at random, all of whom heard Hart give “hanging all blacks” as an example of how states treated individuals under the Constitution. She said that Hart has been told to henceforward use examples “at a level that eighth graders can understand,” avoid stereotypes or culturally insensitive language, and must rely on “very simple analogies that do not focus on the controversy” during lessons involving challenging material.

McIntyre said that this doesn’t address his concerns. “My issue wasn’t the context,” he said. “It was the content. There was no way to justify the statement that he made.”

That’s exactly right, because the statement that “If you hang black people in the South, that means that you hang any black person who comes from outside the state” isn’t insensitive or “too complex” for an 8th grader. It’s stone-cold stupid, bad logic, bad history, and bad teaching. An example that is “at a level that an 8th grader can’t understand”? I’m worried about anyone who thinks he does understand Hart’s example. That the teacher thinks it makes sense tells me that it is an unacceptable risk to allow Hart to teach any subject to anyone.

Nonetheless, Woody Hart was allowed to keep teaching, because public schools. Ah, but last month, he really crossed the line, or whatever it is that causes schools to ding teachers. Teaching the students about the Civil Way, Hart showed them…

A CONFEDERATE FLAG!!!

Continue reading →

Unethical Quote Of The Month: Jon Gruden

February 1, 2017February 1, 2017 / Jack Marshall / 21 Comments

“There are a lot of geniuses that are trying to damage the game, and ruin the game. Do you feel it? There are a lot of geniuses that want to eliminate all sports, including recess. Not on my watch, and clap your hands if you’re with me on that!”

—-Jon Gruden, ESPN analyst and former NFL coach, speaking at last week’s annual U.S.A. Football convention, the three-day meeting of the national governing body for amateur football.

This will be my annual Super Bowl week post, one of the “watch the game if you have to and enjoy your nachos, just understand that by doing so you are supporting a billion-dollar industry that pays young men to cripple themselves and that is covering up the real risks of brain damage as long as it can” essay that I have written here the last few years.

The New York Times reports that U.S.A. Football is experimenting with a radically altered version of the game for kids that is designed to reduce head trauma:

Each team will have six to nine players on the field, instead of 11; the field will be far smaller; kickoffs and punts will be eliminated; and players will start each play in a crouching position instead of in a three-point stance…

“The issue is participation has dropped, and there’s concern among parents about when is the right age to start playing tackle, if at all…There are, legitimately, concerns among parents about allowing their kids to play tackle football at a young age,” [Mark Murphy, the president of the Green Bay Packers and a board member at U.S.A.] continued, “so they can look at this and say they’ll be more comfortable that it is a safer alternative.”

Later we are told that the new, supposedly safer version will only be tested in a few locales, and that it may be years before the new rules are widely instituted. And how many kids will sustain brain damage in the meantime, I wonder? From the Times piece…

Continue reading →

“Singin’ In The Rain” Ethics: The Strange Saga of “Make Em’ Laugh”

February 1, 2017 / Jack Marshall / 16 Comments

Last month Turner Movie Classics arranged for MGM’s classic musical “Singin’ in the Rain” to be shown on big screens in selected theaters around the country. At the theater where I saw the film again with my wife and some friends, the place was packed with a multi-generational crowd including many children seeing Gene Kelly-Donald O’Connor-Debbie Reynolds (and Jean Hagan…mustn’t leave out “Lina Lamont”!) romp for the first time. Of course, they loved it; I’m worried about anyone who can see the film and not love it.

The timing of TCM’s limited revival was felicitous in two ways. One was that it occurred just after the death of Debbie Reynolds, and provided a lovely way to salute her memory. Another was that “La La Land” was surging in buzz and box office around the country, culminating in last week’s 14 Oscar nominations. There are several visual references to “Singin’ in the Rain” in the film; ironically, enjoying “LaLa Land” may rely on unfamiliarity with its 65-year-old predecessor, because calling what the stars in “La La Land” do “dancing” seems unduly generous compared to the performances of Gene, Donald and Debbie.

Seeing the film reminded me, however, of the strange ethics breach behind one of the movie’s most famous numbers. Donald O’Connor’s solo “Make ‘Em Laugh” is the high point of the movie for me, and I am not alone. It finished at #49 in AFI’s 100 Years…100 Songs survey of top tunes in American cinema, but that doesn’t do it justice: this is not just a great musical number, it is one of the greatest four minutes of physical comedy ever put on screen, featuring dozens of jumps, pratfalls, and as its grand finale, O’Connor running up two walls and flipping backwards to the ground. (He checked into a hospital for several days as soon as filming the routine was over). The problem is that “Make ‘Em Laugh” was plagiarized, and everyone knew it. Continue reading →

Supreme Court Vacancy Ethics: A Competent Choice, An Unethical Announcement, And An Irresponsible Reaction

February 1, 2017February 1, 2017 / Jack Marshall / 106 Comments

You know, if every day is going to set off multiple political ethics controversies, I’m not going to have time to write about lobster hats.

Last night, President Trump selected Colorado federal appeals court judge Neil Gorsuch as his Supreme Court nominee.

A. The Choice

Except for those who literally are determined to freak out and condemn anything President Trump does, this was a competent, responsible choice. He would be one of the best of the available choices for any Republican President, more qualified than Obama’s snubbed selection, Merrick Garland, to fill the same vacancy, and Garland was certainly qualified. It’s ridiculous that Gorsuch is one more Harvard grad on a Court that is exclusively Harvard and Yale, but that aside, he adds some diversity of outlook by being from the middle of the country rather than the coasts. He writes clearly, unlike, say, Justice Kennedy, and is not a pure political ideologue, like Ginsberg or Alito.

Before the Democrats’ rejection of Robert Bork shattered the tradition of allowing every President the privilege of having his SCOTUS nominations approved absent real questions about their competence or honesty, a nomination like this one would have garnered bipartisan praise. Trump made a responsible, competent, choice. Really. He did.

B. The Announcement Continue reading →

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A CONFEDERATE FLAG!!!

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“There are a lot of geniuses that are trying to damage the game, and ruin the game. Do you feel it? There are a lot of geniuses that want to eliminate all sports, including recess. Not on my watch, and clap your hands if you’re with me on that!”

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