When Counting On Ethics Isn’t Enough: The Delegate Bribery Risk At The GOP Convention

/ Jack Marshall / 69 Comments
Fortunately, we all know Donald Trump doesn't operate this way...

Fortunately, we all know Donald Trump doesn’t operate this way…

This hasn’t come up before in party nominating conventions, because the last time there was a threat of a brokered convention no billionaires were running. Now, however, with Donald Trump likely facing a battle for delegates at the GOP battle looming in Cleveland, the specter has been raised of horribly unethical conduct being nonetheless legal: bribing delegates.

There are federal and state laws prohibiting bribery of elected officials, and laws making paying for votes illegal in elections. No laws seem to  restrict what private citizens serving as delegates at their parties’conventions can take in exchange for their votes on a nominating ballot, however. The closest, suggests former Bush administration lawyer Richard Painter at the Legal Ethics Forum, is the “theft of honest services” statute 18 U.S.C. § 1346, and it isn’t close enough. Continue reading →

Fire Kelly Ripa

/ Jack Marshall / 35 Comments

LIVE-with-Kelly-and-Michael-TV-show-on-ABC-renewal

On Tuesday of this week, ABC announced that Michael Strahan, the former NFL player who successfully replaced old pro Regis Philbin on the evolving franchise that was once “Regis and Kathy Lee,” was being promoted to the flagship of ABC’s morning lineup, and would leave “Live: Kelly and Michael” in September to become a co-anchor on “Good Morning America.”

For whatever reason, ABC botched the maneuver, failing to let Strahan’s co-host, Kelly Ripa, know about the change until it was announced publicly.

Ripa was angry and insulted, as well as stunned to lose her partner of four years without warning or the courtesy of an explanation. She decided to show her displeasure by skipping work, which is a non-no for a live TV show.  She called in “sick”  before the  Wednesday’s edition of “Live,” and is apparently on a mini-strike for the rest of the week at least. Some sources say that she will refuse to return to her eponymous show until Strahan, whom she now regards as a betrayer, moves on.

ABC pays Ripa a reported $20 million per year, $36,000.00 per episode, and $818.00 per minute of airtime to charmingly babble away an hour of the mid-morning, seldom uttering a memorable thought or witticism. She should fall down on her knees and worship at ABC’s executives’ feet for this boon. They own her, and they don’t really ask much: all she has to do is keep her mentally squishy audience happy, do what she’s told, and show up….and cash a lot of checks. Yes, ABC was tardy in telling her that she was going to have to find a new co-host. Bad ABC. That does not excuse or justify Ripa’s unprofessional breach of her employment contract. Continue reading →

Nine Critical Questions About The Independence Hall Social Justice Warrior Park Ranger Tour Guide

/ Jack Marshall / 78 Comments

Philadephia-Independence_Hall_Panorama

Conservative columnist and former Justice Department attorney J. Christian Adams reported that Holly Holst, a federal employee of the National Park Service, took visitors on a guided tour of Independence Hall, during which she informed them that the Constitution and the Declaration of Independence were the product of “class elites who were just out to protect their privileged status.”

[UPDATE: Adams corrected his original report, which misidentified the ranger involved as Mary A. Hogan. Ethics Alarms has corrected it s original post accordingly. I apologize to Hogan and my readers.]

Adams writes that several attendees of her tour group on Monday told him that Holst repeatedly denigrated the Founders.  She claimed that  “the Founders knew that when they left this room, what they had written wouldn’t matter very much, ” and also told them that the “most important part of the Constitution written at Independence Hall was the ability to change it.”

Exemplifying her historical expertise was Holst’s alleged statement that King George III paid more attention to Parliament than the colonists “because they were right there and could remove him from office.”

Assuming that this is accurate information about Holst and her tour–remember that Adams is a passionate and often angry anti-Obama conservative—I have the following questions.

By the way, if the story above is accurate, my head has asked permission to do its best imitation of Krakatoa.

Questions: Continue reading →

If You Know Anything About Ethics, You Don’t Even Ask These Questions, Because You Know The Answers Already

/ Jack Marshall / 39 Comments

virtual reality

Darrell West, a Brookings scholar, believe it or not, queries, “What happens when virtual reality crosses into unethical territory?” It is the topic of his essay, but the question is self-answering. Virtual reality is, by definition, not real. Ethics is about determining right and wrong in reality, in interaction with real people, real consequences and real dilemmas in the real world.

West doesn’t seem to grasp that, and neither, according to him, does the playwright of a work being presented in my metaphorical back yard: Jennifer Haley, who authored “The Nether” playing at the Woolly Mammoth Theater in Washington, D.C. West tells us that Haley

“…explores the troubling questions that arise when the main character known as Papa uses advanced software to create a fantasy environment where adult clients molest young children and then kill them….  Should there be limits on human fantasies involving heinous thoughts? Do fantasies that remain in the private realm of someone’s brain warrant any rules or regulations by society as a whole?  Even if the bad behavior rests solely in one individual’s private thoughts, does that thinking pose a danger to other people? For example, there is some evidence that repeated exposure to pornography is associated with harmful conduct towards women and that it legitimizes violent attitudes and behaviors. Does that evidence mean we should worry about misogynistic or violent virtual reality experiences? Will these “games” make it more acceptable for people to engage in actual harmful behaviors?”

These are not troubling questions or even difficult questions, unless one is intrigued by the Orwellian offense of “thought crime.” Here, for the edification of West, Haley, those nascent brainwashers out there who find his ethically clueless essay thought-provoking of any thought other than: “How the hell did this guy get to be called a “scholar”?, let me provide quick and reassuring answers to West’s questions: Continue reading →

Jimmy Kimmel Once Again Proves He Is An Ethics Corrupter And A Disgusting Agent Of Cultural Rot

/ Jack Marshall / 12 Comments

As you can see above, last night Jimmy Kimmel highlighted numerous parents who thought it was just hilarious to employ their own infants as objects of national ridicule. Encouraging child abuse for laughs is Jimmy’s specialty, as I’ve noted before. This was a bit different, because the children didn’t know they were being abused.

After using social media to recruit parents to participate in the segment called “Fat Baby Bingo,” Jimmy joined the couples in mocking their own kids’ chubby thighs and folds of fat as the audience laughed. I bet Jimmy could recruit enough couples for a segment if he wanted them to set their kids on fire.

Of course, this will be on the web forever. My son has pronounced himself mortified by his baby pictures, as many of us are embarrassed by ours. These parents held up their unaware children to the camera, all but naked in diapers, so Jimmy could make jokes about how fat they were. Abuse of power, breach of trust, infliction of humiliation without consent, cruel and irresponsible. Just because a child doesn’t know he is being made the object of ridicule doesn’t make it right.

The talking heads on CNN today, however, thought it was all hilarious.

To these parents, egged on by Jimmy’s usual contempt for the humanity of kids, their babies were just props, like the gag items used by Carrot Top in his act.

Go ahead, defend Jimmy Kimmel and the parents betraying the privacy and dignity of their own infants, by saying it’s all in good fun and harmless.

I’m ready for you.

(PSSST! Bill Nye Fans? Honorary Degrees Aren’t Real Credentials…)

/ Jack Marshall / 18 Comments

bill-nye-the-science-guy

I detest  stupid debates. In college I watched a local TV debate in Boston between Madalyn Murray O’Hair, the infamous atheist, and a local Catholic wacko known as Mrs. Warren, who talked like Chico Marx, on the topic of the existence of God. I finally called into the fiasco as “Jehovah” and got through the screeners for the program, which was called “Cracker Barrel. I used a cardboard toilet paper tube to make my voice sound unworldly as I assured O’Hair that Jehovah approved of her challenging the faithful, and would not turn her into a pillar of salt. O’Hair and the host thought it was funny. Warren said she would pray for me.

The upcoming debate between TV’s “Science Guy” and Sarah Palin over climate change is a good bet to be even more stupid than that debate, and for some of the same reasons. Like that debate, there is zero chance that anybody who is silly enough to bother watching will have their minds changed by what transpires because they, like Palin and Nye, already have their minds made up and facts have little to do with their points of view. Like the “Cracker Barrel” debate, it will really be about faith, what the adversaries want to think is true, and who they prefer to believe. Do either Sarah Palin or Bill Nye know what the world’s climate will be like in 100 years? No. Can either say with certainty that any particular policy measures will or will not have a salutary effect on conditions a hundred years from now? No.

It’s a stupid debate.

Nevertheless, only Palin is being mocked for participating in it, because Sarah Palin could cure cancer and the news media would mock her. It’s ridiculous for her to presume to debate anyone about climate change, but what about the fool who thinks its worth anything to debate her, whether he “wins” or not? It’s like mocking a Labrador retriever for having the hubris to debate John Kerry on U.S. foreign policy. What’s Kerry’s excuse? Continue reading →

Observations On The ‘Ole Miss’ Sigma Chi Derby Days Controversy

/ Jack Marshall / 26 Comments

Derby DaysNews Item:

The University of Mississippi’s Title IX office has launched an investigation after allegations surfaced on social media that men of the Sigma Chi fraternity asked sorority members questions tainted with sexual innuendo on a loud speaker system in front of hundreds of students at the closing festivities of Derby Days, the fraternity’s annual philanthropic initiative.

Those “allegations” came in the form of an emotional Facebook post by student Abby Bruce, who began,

“Tonight, my eyes watered up as I watched women be humiliated in the name of “philanthropy.” After a week long process of all the sororities on campus competing to raise money for Sigma Chi’s philanthropy, the guys proceeded to ask the contestants for their Derby Days queen over the mic at the dance competition where hundreds of women were gathered “which sigma chi they would go down on,” “what type of sausage would they prefer: linked or sigma chi,” and other questions of the like.”

Observations:

1. I’m sure Ole Miss administrators are shocked, shocked (I know this “Casablanca” reference is an over-used cliché, but it perfectly fits this episode) that fraternity members would use sexual innuendo at an event like this. In truth, this is undoubtedly been going on for decades, but the combination of the sexual assault posse culture that the Education Department’s “Dear Colleague” letter inflicted on campuses combined with social media shaming prompted the college to act as if it had no idea such vulgarity was going on.

The University of Mississippi has allowed and by its passivity endorsed such piggish conduct in its fraternities, and it is now grandstanding.

2. A Title IX investigation, in this case to see if frat boys making sexual innuendos about sorority girls during an extra-curricular event, is an abuse of the law and free speech intimidation, and is unwarranted, except, I suppose, to make Old Miss  immune from government harassment. The test in Title IX is whether conduct with sexual content and intent rises to the level of non-consensual and unwelcome sexual harassment in which students are “deprived of equal and free access to an education.”  Being subjected to rude comments on Derby Day when in all likelihood the women participating knew what was coming isn’t going to deprive anyone of anything. Continue reading →

Ethics Hero: Boston Red Sox Pitcher Steven Wright

/ Jack Marshall / 12 Comments

beaning

On Sunday, Boston Red Sox knuckleballer Steven Wright hit Toronto first baseman Chris Colabello square in the helmet, and not with his usual floating trick pitch, but with an 87 mph fastball, making a frightening sound and causing  Colabello to collapse on the field.  After being checked out by the team trainer and allowing the replay of his life that flashed before his eyes to wind up, Wright’s beanee took first base and remained in the game.

Wright appeared visibly upset on the mound,and apologized to Colabello when he made his way to first.

The next morning, Colabello found an expensive bottle of liquor in his locker, a present from Wright. He was surprised. “He went above and beyond in my eyes,” the player with the sore head said. “It was pretty obvious there was no intent [to throw a beanball]. You could see by his reaction.” Continue reading →

Unethical Quote Of The Week: NY1 Host Errol Louis

/ Jack Marshall / 9 Comments

“Let me suggest, because some of her strategists have said this kind of quietly, it’s not really a big thing on this campaign trail: a lot of this is sexism. It’s buried so deep that people just say, ‘I don’t trust her, she doesn’t keep her word.’ And then you turn it around and say, ‘What politician does?’”

—-CNN political commentator and NY1 host Errol Louis in response to CNN’s Chris Cuomo’s question regarding Hillary Clinton’s a recent Wall Street Journal/NBC poll that indicated that Clinton had a 56% unfavorable rating even among Democrats.

The T-Rex in "Jurassic Park" was also a female, and I'm sure sexism had a lot to do with everyone not liking her, either...

The T-Rex in “Jurassic Park” was also a female, and I’m sure sexism had a lot to do with everyone not liking her, either…

It must be wonderful for a politician to have an automatic, guilt-inducing, candor-suppressing excuse for every botch, failure, example of misconduct and instance of terrible judgment. You have to pity Richard Nixon, Lyndon Johnson, Robert Dole, George W. Bush, John Kerry, and so many others–when people said they distrusted or disliked them, they had to accept responsibility for it, and conclude that they must be doing something wrong. After all, nobody is prejudiced against white males: when people think they screw up, it’s because they really are incompetent or corrupt. They have to be accountable. How brilliant of the Democrats to hit on this fool-proof—literally—formula: just find black or female standard bearers and all criticism can, and for a lot of journalists will, be attributed to prejudice and bigotry. One has to wonder if Democrats will ever dare to run a Presidential candidate again who doesn’t have this built-in armor.

Without this versatile reality-warping and truth-defying device, I am certain that right and left, including African Americans, would have been howling for Barack Obama’s head long ago, with the news media handing out the torches and pitch forks. The engine for this double-standard is presumed bigotry, unfair but apparently impossible to rebut. Continue reading →

The Real Legal Ethics Conundrums In “Bridge of Spies”

/ Jack Marshall / 6 Comments

bridge-of-spies

Quite a few readers have written that they would enjoy some of the problems I present in my seminars on legal ethics. I try to please, so here are some difficult legal ethics issues that arose in the screenplay of last year’s Oscar-nominated film “Bridge of Spies.”

I wrote about the film earlier this year, here.

The film tells the true story of Jim Donovan, an insurance lawyer who is recruited, in 1957, by his New York bar association to take on the representation of the accused Soviet spy Rudolf Abel, a job that we see Donovan not only do bravely and competently, but one that he takes all the way to the Supreme Court. He loses, and Abel goes to prison.

Legal ethics points:

  • That ends the representation, and Abel is no longer Donovan’s client, but a former client.
  • Lawyers still have duties to former clients: they must keep all of the confidences learned during the representation and after, and not use these against the interests of the ex-client, or reveal them ever, even after the ex-client is dead and buried, except under rare circumstances.
  • A lawyer is also not allowed to become adverse to the interests of a former client in a substantially related matter to the one he (or she) handled for the client.

Because when representing Abel, Donovan had argued against executing the spy on the grounds that he might a useful  bargaining chip if an American was captured by the Russians—an argument he made to save Abel’s life, not to provide unsolicited advice to the government—the capture of U2 pilot Gary Powers after he was shot down in a spy plane makes the lawyer a candidate to make his own scenario come true. An East German official sends Donovan a letter claiming to be able to broker an exchange of Powers for Abel. When the CIA learns about the letter, they ask Donovan to go to East German and negotiate the deal. Continue reading →