North Carolina’s Conflicted, Disloyal, Unethical Attorney General, Roy Cooper

/ Jack Marshall / 17 Comments
A candidate masquerading as a lawyer...

A candidate masquerading as a lawyer…

Roy Cooper, North Carolina’s elected Attorney General, has so many conflicts of interest that he can’t credibly do his job in an ethical manner. Fortunately for him doing his job ethically seems to hold no interest for him.

To start with, he is an announced political opponent of the current Republican governor, Pat McCrory. This situation is not unique, but if an Attorney General is going to do his job ethically, for remember he is the state’s lawyer, he has to make an effort to put his political interests aside and not allow them to interfere with his duty to represent his client the state, whose voters have made McCrory its top decision-maker.

Cooper, however, isn’t making any such effort. House Bill 2, a state law passed last week that bars local governments from enacting nondiscrimination protections for the LGBT community, is anathema to Cooper’s constituency, so he is refusing to defend it in court against a federal lawsuit. If he were a private attorney whose beliefs rendered it impossible for him to represent his client, Cooper would have to resign. Since he is elected, he need not do that, but he can’t actively interfere with his client’s legal needs either. His proper course under the legal ethics rules governing all lawyers would be to find an outside counsel to do his job in this case, since he is incapable of doing it, and to defend the law.

Instead, Cooper is actively undermining his client’s legitimate objectives.  Cooper said in a news conference that the law is a “national embarrassment” and it “will set North Carolina’s economy back if we don’t repeal it.” That’s the candidate talking, not the state’s lawyer, and thus the state’s lawyer is engaged in a bright-line breach of loyalty by talking like that in public. His duty, and his only ethical option, is to shut up. He may not be able to support his client’s objectives, but he absolutely must not impede them.

Cooper has even gone beyond that ethical violation to a massive conflict of interest breach. Instead of defending McCrory, the Board of Governors and the others being sued in the federal lawsuit, Cooper has announced that he will defend the two LGBT people and the lesbian professor bringing the lawsuit against the state! Continue reading →

Ethics Observations On The Michelle Fields-Corey Lewandowski Ethics Train Wreck

/ Jack Marshall / 8 Comments

trainwreck6

Michelle Fields, a stand-in reporter for Breitbart, gets manhandled at a Trump rally while trying to ask The Donald a question. She complains, the Trump organization attacks her, her Trumpized employers refuse to back her, and now battery charges have been filed in North Carolina against Corey Lewandowski, Trump’s campaign manager, whom Fields says grabbed and bruised her. Meanwhile, multiple members of the Breitbart staff, including website star Ben Shapiro and the reporter, have resigned.

What’s going on here, and why does it matter?

1. It matters because what should have been a minor episode has turned into a full-scale ethics train wreck, with the still-growing passenger list including Donald Trump, his campaign, Breitbart, Fox News, the justice system, Fields, Shapiro, the Washington Post, Piers Morgan, and Trump’s embarrassing supporters. Nothing has escalated into a nasty and destructive battles of wills, because Donald Trump creates a culture in which winning and never apologizing turns every dispute into ugly confrontation and warfare.

2. This is how Trump as President would and could start a real war. His entire philosophy precludes common sense and diplomacy. Just because an incident is trivial in substance doesn’t mean its implications can’t be significant, and this is an excellent example. Look at how it developed. Trump’s staff embraces the culture he has created and endorses—thuggishness, misogyny, a contempt for manners, a refusal to be gracious, insistence on winning above all, even when the benefits are dwarfed by the costs. A government and nation under Trump would do the same. A complaint over fishing rights or an imagined diplomatic gaffe would deteriorate and escalate, with President Trump shouting insults from the Oval Office. Continue reading →

Unethical Website Of The Month: “Vote Trump Get Dumped”

/ Jack Marshall / 123 Comments

 

votetrumpgetdumped

Ugh.

See, ladies, “Lysistrata” was a satire, and its charms and political wisdom have long escaped me anyway. Threatening to withhold sex to force men to vote for who you want is neither fair, smart or democratic, and is exactly as ethical as trading sex for votes, which is a particularly weird form of prostitution.

Today’s unethical website calls itself “Vote Trump Get Dumped,” and it argues…

Those who vote Trump should understand this: No sex. No dates. No chance.

To cast a vote for Trump is to agree with his sexist, perverted, demeaning, backwards, offensive treatment of women. Learn what’s at stake.

Join us by wielding your influence. Until Trump is defeated, we don’t date, sleep with, or canoodle with Trump supporters.

The Greeks did it. Women during the temperance movement did it. This is a tried and true method of getting men’s attention when they’re being dumb.

Actually the Greeks didn’t do it, it’s not “tried and true,” and it is itself dumb, as well as undemocratic. Citizens have the right to vote as they see fit, badly reasoned or not. Using any form of coercion to take away what should be a free choice is irresponsible, disrespectful and unfair, not to mention a breach of democratic principles and process.

This kind of divisive political tactic, punishing citizens for their political views, tears at the fabric of society and threatens human relationships and communities. It is akin to bars that only serve Republicans,  Facebook users who defriend Hillary supporters, and mayors who set out to punish states that pass laws they don’t agree with.

Our political choices, like our sexual choices, should not be subject to extortion and coercion. The Golden Rule applies.

__________________

Pointer: Fred

Ethics Hero: Minu Pauline And Her Curbside Fridge

/ Jack Marshall / 5 Comments

free food

Ethical people will come up with the damnedest ways to do good things.

After watching the poor and homeless rummage through the dumpster outside of the restaurant she owns in Kochi, India, Minu Pauline thought about how she could facilitate access to the perfectly edible food that her establishment had to dispose of on a regular basis. So when she opened a second restaurant, it included a fully functional refrigerator on the sdiewalk out front.  She stocks it with leftover food from her restaurant, and invites others to do likewise.  Now her customers and residents of the community leave their leftovers and excess food, marked with the date, in the curbside fridge too.The homeless and the poor can take whatever they need 24 hours a day, seven days a week, without having to beg.

Pauline calls the refrigerator  nanma maram, which means “tree of goodness” or “virtue tree.” The name is particularly apt, for she is providing dignity and kindness, as well as charity.

________________________

Pointer: Fred

Hillary’s Smoking Gun Arrogance And Entitlement

/ Jack Marshall / 25 Comments

Coronation-of-Queen-Hillary

Democrats asked for this when they decided to hand Hillary Clinton the Democratic nomination rather than make her earn it. The DNC began by rigging the debates to expose Clinton, a gaffe-artist in the rarefied league of Joe Biden but less amusing, as little as possible. It got itself a bizarre, non-competitive opponent to provide nominal opposition, Bernie Sanders—too old, not a Democrat, abrasive, deluded—who cooperated by refusing to attack Clinton where she was vulnerable. He didn’t want to win, you see. Bernie Sanders just wanted to spout Socialist propaganda in the hopes of rotting the brains of the same impressionable young who still think Barack Obama is a leader who brought hope and change.

Oddly, the Democratic leadership had forgotten how our current unqualified, weak and hapless POTUS got elected: he’s President only because Hillary Clinton can’t beat anyone fair and square. She’s dislikable and untrustworthy, and the “vote for my sex organs” bit only goes so far.  Now her campaign is in trouble, and Sanders is threatening to make some super-delegates ( the way Democrats rig their nominating process, allowing them to ridicule Republicans for looking for ways to block Donald Trump) change their plans. He and his supporters see blood in the water, and are finally sharpening their attacks on Hillary.

What??? Actually attacking one’s opponent? This cannot be borne! Thus the Hillary campaign has told Sanders that he must “change his tone” or the Pre-Anointed Nominee won’t deign to debate with him, so there. “Let’s see if he goes back to the kind of tone he said he was going to set early on. If he does that, then we’ll talk about debates,” Hillary’s spokesperson told CNN. Continue reading →

Georgia’s Religious Liberty Bill Was An Ethics Abomination, But So Is Letting Corporations Dictate Laws In A Democracy

/ Jack Marshall / 74 Comments
...and corporate pressure had nothing to do with it. No, really.

…and corporate pressure had nothing to do with it. No, really.

Ethics Abomination I: Georgia’s HB 757

Gov. Nathan Deal  vetoed the controversial  “religious liberty” bill yesterday. Well, good. HB 757 was an ugly, ignorant, unethical  law in many ways, and almost certainly unconstitutional on its face.

It began with outrageous fear-mongering, appealing to right-wing hysteria and ignorance…

[R]eligious officials shall not be required to perform marriage ceremonies, perform rites, or administer sacraments in violation of their legal right to free exercise of religion; to provide that no individual shall be required to attend the solemnization of a marriage, performance of  rites, or administration of sacraments in violation of their legal right to free exercise of religion;

Ridiculous. No law, state or national, can require a pastor or minister to perform a wedding, nor could any citizen be required to attend one. These are both unalterable First Amendment no-nos, and any legislator who doesn’t know that is too ignorant to hold office. Laws should not be sops thrown to slobbering mobs, and that’s what this part of the law is—unless it’s proof that Georgia legislature is itself a slobbering mob.

Then the law ends by greasing the wheels for outright anti-LGBT discrimination:

Except as provided by the Constitution of this state or the United States or federal law, no faith based organization shall be required to hire or retain as an employee any person whose religious beliefs or practices or lack of either are not in accord with the faith based organization’s sincerely held religious belief as demonstrated by practice, expression, or clearly articulated tenet of faith.

A refusal by a faith based organization to hire or retain a person pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such faith based organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the faith based organization or employee based on such refusal.

You have to really, really hate and fear gay citizens not to reject such a bill. Continue reading →

Unethical Quote Of The Month: Journalist Ron Fournier

/ Jack Marshall / 16 Comments

laws_for_little_people

“Legally though, there is a big bar that you have to get over to prosecute anybody for these crimes, much less somebody who is running for president…I do understand that when somebody is running for president, there is a higher bar that you have to get over because we can’t have a system in which we are constantly charging people who are running for president of crimes.”

— National Journal journalist (and Ethics Alarms “Most Ethical Journalist” award winner) Ron Fournier, discussing recent revelations regarding Hillary Clinton’s e-mail machinations with “Morning Joe” on MSNBC

Ron Fournier has proved himself to be an unbiased and fair journalist, particularly where Hillary Clinton is concerned. He is not one of her apologists or defenders, so this statement must be sincere, and must also represent a genuine and inexplicable ethics blind spot.

There needs to be a higher bar to charge Presidential candidates with a crime? Wrong, absolutely wrong, unbelievably wrong, dangerously wrong, and embarrassingly wrong! That bar for a Presidential candidate or a President has to be exactly the same as for an ordinary citizen, indeed for the most lowly citizen, or our democracy is a fraud.

Fournier’s rationale for this double standard is, to be technical, bananas. To say “we can’t have a system in which we are constantly charging people who are running for President of crimes” is senseless on multiple levels:
 Continue reading →

Yes Indeed, Elite College Grads Can Still Be Civically Incompetent Fools

/ Jack Marshall / 16 Comments
They have been rumored, and caught in dubious, fuzzy photos, but does an intelligent, rational Donald Trump supporter really exist? The quest continues...

They have been rumored, and caught in dubious, fuzzy photos, but does an intelligent, rational Donald Trump supporter really exist? The quest continues…

In my constant quest to find someone, anyone, who can defend their support of Donald Trump with a substantive argument rather than the emotional, nonsensical rationalizations I have heard and read so far, I came upon  a USA Today essay by “Weekly Standard” contributing right-winger Charlotte Allen—she is kind of like Ann Coulter, but not funny— called “Why a Stanford grad joined the Trump revolt.” I was momentarily thrilled, then my hopes were immediately dashed. The answer to the headline’s question is simply “Because graduates of prestigious schools can be just as irresponsible and ignorant as anyone else.” Her pathetic essay proves it.

To begin with, appeal to authority is a lazy debate fallacy (“Proposition X is valid because Authority A says so”—you know, like “bats are blind because Neil De Grasse Tyson says so”…), but appealing to your own authority is ridiculous. “I went to Stanford, and I voted for Donald Trump. So did my husband. He went to Yale,” Allen begins. The required response: Who the hell cares? The only people who think a degree means you are smart are dumb people, some of whom have impressive degrees themselves.

Now, the essay could have been so dazzling in its pro-Trump logic that it simultaneously redeemed Trump supporters and the two schools the piece embarrasses. It was not.

The essay begins with the boot-strapping argument that it isn’t ignorant and irresponsible to vote for Trump because in Massachusetts a lot of educated people voted for him. “Low-information voter” doesn’t mean uneducated voter, however. It means people who aren’t paying attention, or who filter out information they don’t want to hear, or who are informed in some areas but get their political news from partisan websites and cable stations.  Continue reading →

Now THAT’S The Unauthorized Practice Of Law!

/ Jack Marshall / 9 Comments
The fake lawyer with her husband, if it really IS her husband....

The fake lawyer with her husband, if it really IS her husband….

Usually lawyers get sanctioned for engaging in the “unauthorized practice of law” when the unwittingly fail to pay their bar dues, or handle a matter from the comfort of their office involving a client in a state they can’t practice in. It’s a serious ethics violation and a crime as well in some cases, but seldom do you see an example of UPL, as it’s called, like this.

For ten years, Kimberly Kitchen worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and thrived.  She even served as president of the county bar.  She was never a lawyer, however; never went to law school, never took the bar exam. Prosecutors said she forged documents to show she graduated from law school at Duquesne University, passed the bar and was licensed to practice. Everything was a fake, and she was a fraud. Now she is facing jail time. Continue reading →

An Ethics Alarms Audit: Who Or What Is At Fault For The Rise Of Donald Trump?

/ Jack Marshall / 26 Comments

I have intentionally avoided most of the many articles that have used the unsettling rise of Donald Trump as a Presidential contender to attack their favorite targets—talk radio, Republicans, Obama, the Tea Party, the “elites,” the news media, reality TV…it’s a long list. One of the few I did read was this one, by Peggy Noonan. Its main thesis:

“The unprotected came to think they owed the establishment—another word for the protected—nothing, no particular loyalty, no old allegiance. Mr. Trump came from that…What marks this political moment, in Europe and the U.S., is the rise of the unprotected. It is the rise of people who don’t have all that much against those who’ve been given many blessings and seem to believe they have them not because they’re fortunate but because they’re better….This is a terrible feature of our age—that we are governed by protected people who don’t seem to care that much about their unprotected fellow citizens. And a country really can’t continue this way.”

Yup. That’s how populist uprisings always start, and Noonan properly diagnosed this one. Still, it was neither pre-ordained nor necessary that the individual such a movement would unite around had to be such a dangerous, unstable and unworthy one, or that the citizens supporting him would display such complete absence of logic and responsibility.

Reading the debates between Trump supporters and detractors on various websites, I am reminded of the classic “Simpsons” episode where Springfield split into two warring factions, the Mensa group, and the anti-Mensa group. The latter was characterized by angry stupidity, and if a member made a logical and coherent argument against the astute and educated opposition, he would be instantly ejected with the cry, “You’re one of them!”

Herman Kahn, the futurist, used to say that even the best plans, organizations, and systems could be unsettled by “the 2% contingency of bad management or bad luck.” The United States has been very fortunate in its approximately 250 years’ experiment. Bismarck famously said that “There is a Providence that protects idiots, drunkards, children and the United States of America,” and at times it has seemed that way. When the nation’s management failed, the U.S. has been astoundingly lucky. When it has been unlucky, brilliant leaders have been on hand to manage the problem. The Trump phenomenon illustrates the fact of existence that luck eventually runs out: so far, bad luck and bad management have joined forces to produce the threat of a Donald Trump presidency.

There are many people, groups and institutions responsible for Trump getting this far, and it is dishonest, incompetent and unfair to blame one without identifying the rest. Each was arguably essential to the chaotic mix, and thus nothing and no one deserves to be cited as “the” cause.

Here, in rough but not definitive particular order, are the main miscreants. I’ve limited myself to eleven, but the list could easily be longer.
 Continue reading →