Tales of The Corrupted: David Ignatius’s Hillary E-mail Scandal Whitewash, PART TWO….And, As Usual, The Sequel Is A Horrible Disappointment

/ Jack Marshall / 21 Comments
David Ignatius: Liar, undisclosed Clinton operative, disgrace. Your move, Washington Post.

David Ignatius: Liar, undisclosed Clinton operative, disgrace. Your move, Washington Post.

This, it turns out, is even worse than I thought. Ignatius, whom I once respected, is more corrupted than I thought. The mainstream news media’s shameless and unethical enabling of Hillary Clinton’s lies and misconduct is worse than I thought, and I already thought it was bad.

In this post, I highlighted an op-ed column by Washington Post columnist David Ignatius, which used classic rationalizations to argue that Clinton’s conduct wasn’t a “scandal’ because 1) it wasn’t a crime; 2) if it was a crime, it was unlikely to be prosecuted; 3) everybody does it, and 4) the public is used to such misconduct, so it can’t be a scandal.

One of Ignatius’s sources, extensively quoted, was, in his words, “Jeffrey Smith, a former CIA general counsel who’s now a partner at Arnold & Porter, where he often represents defendants suspected of misusing classified information.”

What I didn’t know, and Ignatius’s readers didn’t know, but Clinton knows, and Smith knows and Ignatius definitely knew but intentionally didn’t disclose to his readers, was that Jeffrey Smith… Continue reading →

Ethics Hero: Advice Columnist Carolyn Hax

/ Jack Marshall / 17 Comments
But it worked for Scarlet!

But it worked for Scarlett!

I’ve made Hax, the Washington Post’s relationship advice columnist, an Ethics Hero before. This time it’s for something more than her usual spot-on instincts about right and wrong, and more about her method of expressing them. You know I am not fond of weasel words, equivocation and gentle rhetoric when emphatic prose is called for, and Hax, though she is more prudent than I, laps her competition when it comes to firing off both barrels when it is called for.

In this response, she was responding to a man whose brother stopped speaking to him after he gently suggested to him that his niece had a huge honker for her face and it might be time to visit the local plastic surgeon. The advice-seeker lives  “in a community where a lot of teenage girls have cosmetic surgery at 16,” he explained, and both his wife and daughter had their noses made button-like. “Was I over the line in making this suggestion in a private setting?” he asked Hax.

Her unrestrained, wise and glorious response: Continue reading →

A Brazilian Mugger Picks The Wrong Victim: Someone Please Send This Story To That School That Bans Images Of People “Who Solve Problems Using Violence”

/ Jack Marshall / 50 Comments

mugger caught

This story proves…

  1.  That Wonder Woman dissing school is run by idiots, but we knew that.
  2.  Life has a sense of humor.
  3.  Some problems—many, even— are best solved by violence.
  4.  Trying to mug Wonder Woman would be safer than trying to mug Monique Bastos, and
  5. Nothing could start this long weekend better, at least for me, than a news item  where justice prevails  and anti-violence nuts have a lesson in why it’s better to be strong than meek.

I love it.

Wesley Sousa de Araujo and a fellow punk decided to rob two women on a street in on a street in Acailandia, western Brazil. They didn’t expect one of their victims to be this woman.. Continue reading →

Ethics Quiz: The Lawyer’s Ned Beatty E-Mail

/ Jack Marshall / 6 Comments

miss piggyArizona Supreme Court Rule 41(g), permits attorney discipline based on the bar’s determination that an Arizona lawyer has engaged in “offensive conduct.” Now Dennis Wilenchik, an Arizona lawyer who got in a nasty e-mail exchange with a client over a fee is challenging his “admonishment,” a significant form of bar discipline, based on the surprise declaration of his contentious client that he was never offended. An admonished lawyer will usually accept discipline by consent, which in Wilenchik’s case includes a one-year probation period and anger management treatment.

The e-mail exchange began getting heated when Wilenchik called his client, who owned a medical marijuana consulting business, a “cheap asshole.” Later he threatened to sue for his fee, to which his client replied,“Bring it, bitch!”

Wilenchik’s evocative response: “OK drug dealer—I look forward to the many nights and mornings when you think of my name and squeal—you mean nothing to me. Check out the movie Deliverance.”

You know, like in this classic film moment…

Yes, cultural references to film classics are very useful. Still, it was this reference that clinched it with the disciplinary committee.

Wilenchik’s lawyer says there is newly discovered evidence showing that the client’s complaint to the bar was based on a claim that the client feared he would be gang raped because of the reference to “Deliverance.”

In a declaration, the complaining client now says he wasn’t offended by anything in Wilenchik’s emails:

“In fact, I thought that Mr. Wilenchik’s last Deliverance email to me was rather humorous actually, and stated in such a manner that neither I nor any reasonable person would or could seriously construe this to be a real intent to harm me or my family. Moreover, Mr. Wilenchik’s last Deliverance email to me was exactly what I would expect anyone, including a lawyer, to write after I sent an email saying, ‘Bring it bitch.’ In other words, these emails were harmless banter which I instigated and therefore it is impossible for me to have been offended.”

Your Ethics Alarms Labor Day Weekend Ethics Quiz is this:

Does someone have to be offended for a lawyer’s conduct to be sufficiently offensive to warrant discipline?

Continue reading →

Comment of the Day: “Disqualified For High Office: Senator Ted Cruz (R-Tx)”

/ Jack Marshall / 58 Comments
legs

(Some of the many legs Kim Davis and Ted Cruz don’t have to stand on…)

My posts are long enough, I think everyone will agree, and often a lot more than that. Believe it or not. I’m always debating whether to include more detailed and footnoted arguments that make the blog more like the New Yorker, and I usually opt for the shorter version. I am always grateful when an articulate commenter expands on the post expands, at any length, on what I present and adds some of the sources I have read and others, putting more flesh on the bones of my position.

johnburger2013 has done Ethics Alarms a service by doing this regarding my posts about recalcitrant Kentucky clerk Kim Davis, now known as Inmate 8522901, and hosanna to that. In particular, I am grateful for his Scalia reference. The Volokh Conspiracy is the best reference for issues like this, as Prof. Volokh and his cohorts lean libertarian but brook no nonsense. You know, like Ted Cruz’s rant. Thanks to jvb also for using that site deftly.

Here is his Comment of the Day on the post, Disqualified For High Office: Senator Ted Cruz (R-Tx): Continue reading →

Disqualified For High Office: Senator Ted Cruz (R-Tx)

/ Jack Marshall / 52 Comments
See, Ted, it's crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Never mind. Just stay in the Senate, and you can say stupid things you don't believe with minimal harm.

See, Ted, it’s crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Oh, never mind. Just stay in the Senate, and you can say stupid things you don’t believe with minimal harm. Deal?

Eventually, I may have to post a full list of the current Presidential candidates who have definitively disqualified themselves, by evidence of character, integrity, honesty, temperament, trustworthiness, leadership ability  and core values (or, in the cases of Hillary Clinton and Donald Trump, the absence of them), from the very office they seek. Frankly, I’m afraid that no one will be left.

Senator Ted Cruz’s recent statement about Kim Davis, the now correctly jailed Kentucky clerk who cites God’s authority to justify defying the law, is so irresponsible, dishonest and cynical that he has to be moved to the top of the list.

Here it is. My comments are in bold.

“Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America…

This is a lie, and a gross mischaracterization of the facts. Kim Davis can live and worship any way she chooses. She objects to same sex marriage, and she may refuse to associate with gay married couples, refuse to attend gay weddings, make whatever statements opposing gay marriage she chooses, picket gay weddings, lobby for a Constitutional amendment and more.

What she cannot do is refuse to perform the duties of her office, and withhold from citizens the government services they have a right to receive because of her religious beliefs. It is beyond legitimate question in law and ethics that she does not have the right to do this. She has been arrested for defying a court order and being in open contempt of legal judicial authority. This is not unprecedented, this is America, and must be America if democracy and rule of law is to function. Continue reading →

Now A Judge Is Punishing Innocent Citizens Because He Doesn’t Like Gay Marriage

/ Jack Marshall / 30 Comments

atherton

Meet Hamilton County (Tennessee) Chancellor Jeffrey Atherton, a local judge who is throwing a high-profile tantrum to show that he doesn’t agree with the U. S. Supreme Court’s same-sex marriage decision. Atherton denied a divorce petition last week, but not really because of the case at hand.. After hearing from seven witnesses and going through 77 exhibits, he rejected the requested divorce by Thomas Bumgardner and his wife, Pamela, stating that the Supreme Court’s ruling declaring gay marriages a right destroyed Tennessee’s ability to determine what constitutes marriage or divorce.

No, it doesn’t make sense.

 

Atherton said the Supreme Court must clarify “when a marriage is no longer a marriage”  and until it does, Tennessee courts are unable to handle  marriage and divorce litigation.  “The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces,” Atherton wrote.

 Or the short version: “I am an asshole with power!”
Continue reading →

Ethical Quote Of The Month: PBS Ombudsman Michael Getler

/ Jack Marshall / 20 Comments

pbs-logo-in-black

“One would have to lean way over backwards to give her the benefit of the doubt that she was simply shedding light on the administration’s view of portions of Netanyahu’s arguments. But to personalize it by saying, “Take that, Bibi” is, in my book, inexcusable for an experienced journalist who is the co-anchor of a nightly news program watched by millions of people over the course of any week.”

—PBS Ombudsman Michael Getler, giving no quarter and making no rationalizations to slam PBS news host Gwen Ifill for her” “Take that, Bibi” taunt via Twitter.

Bravo.

Note that he also is saying that Ifill’s defense is a lie. As indeed it was. Later, as you can read, he makes it clear that he believes that Ifill is too experienced to make the mistake she claims she made. She made a different mistake: letting her bias rule her judgment and professionalism.

What do you know, a real, honest ombudsman who doesn’t view his job as spinning for his bosses!

I wonder why the New York Times can’t find one.

JFK’s Death, Hanlon’s Razor, And How Truth Gets Buried Forever

/ Jack Marshall / 104 Comments

JFK Hickey

I am a student of Presidential assassinations (as you might guess by the posts on McKinley and Garfield), and have been most of my life, ever since I saw a TV special called “Web of Conspiracy” when I was 10, about the Lincoln murder. That led me to read the  best-selling book the special was based on, an 800 page, sensational analysis of the mysteries behind Lincoln’s death, by mystery writer Theodore Roscoe, who dabbled in history. The book’s theories and insinuating style are more convincing to a ten-year-old than an adult (I read the book many years later, and it drove me crazy), but the book still has a lot of fascinating tales and theories in it. I was hooked.

Oddly, the one Presidential assassination that has interested me least in recent years is the one I lived through, the assassination of President Kennedy. Blame Oliver Stone, Kevin Costner and Jim Garrison: “JFK” was the most dishonest movie I had ever watched (still is) and I walked out of it when its lies and distortions got too much for me about a third of the way through. Even before Stone’s brilliantly directed piece of crap. I was sick of the conspiracy theories, though Stone manufacturing a link to Lyndon Johnson was the final straw. Yes, the bitter Vietnam veteran really got back at LBJ; I hope it made him feel better. I, however, was soured on the whole topic.

I should have been paying more attention. Netflix is showing a documentary with the generic conspiracy theory title of “JFK: The Smoking Gun,” which was shown on cable two years ago. I missed it; if I had been aware of the film, the title and the subject matter—Oh, who’s behind it now? The Mafia? Nixon? Woody Harrelson’s father?—would have kept me away. But while I was on the road for a couple days doing ethics seminars for VACLE, my wife watched the documentary, and when I returned, sleep deprived, weak and submissive, she made me watch it.

Fascinating. And troubling. Continue reading →

Unethical Tweet Of The Month: PBS’S Gwen Ifill

/ Jack Marshall / 91 Comments

gwen ifill tweetThis was, of course, in reaction to yesterday’s developments that indicate sufficient Democratic support for President Obama’s Iran nuclear deal.

Ifill defends her tweet: of course she does. She has been a brazen cheerleader for the President since he was campaigning in 2008, and made it very clear that she sees nothing wrong with that, even when she was the moderator for the 2008 Vice-Presidential debate while her book about the inspiring achievement of Obama’s ascent to the Presidency—he hadn’t been elected yet, remember—was awaiting publication. PBS proved its bias (as if further proof were necessary) by shrugging off a blindingly clear conflict of interest and appearance of impropriety on her part then, and it will doubtlessly do so now. Ifill is defiantly pro-Obama. The tweet, however, is worse than that.

An American journalist taunting  the leader of an important American ally is unprofessional and, in this case especially despicable. Isreal’s legitimate concern about the Iran agreement is that under the best of circumstances, the scenario that the advocates for the deal admit, Iran will gain the resources to vastly enhance its support of terror in the Middle East, much of which will be focused on harming citizens of the nation that Iran has openly vowed to destroy. Take that, Bibi! Jews are going to die! Nyaa nyaa! Under the worst case scenario, the treaty makes it easier for Iran to wipe Israel off the face of the earth. How dare a nation’s leader express concern about his nation’s security and survival? Yeah, let’s make fun of him as the U.S. all but ensures a nuclear Iran 15 years from now.

Curt Schilling has been suspended by ESPN for making a legitimate historical observation that didn’t affect or relate to his job as a baseball analyst at all. Ifill’s tweet insults a world leader, displays gross partisanship, undermines PBS’s official pose as an objective news source and shows not merely terrible judgment, but the arrogance and shamelessness  that those who view themselves as immune from consequences eventually embrace.