Ethics Dunces: The UN General Assembly Members Who Walked Out On Prime Minister Benjamin Netanyahu’s Address

/ Jack Marshall / 14 Comments

This one is easy, or I hope it is. I shouldn’t have to go into much detail about how most of the United Nations disgraced itself today, even by the lowered standards of its recent bottom-of-the-metaphorical-barrel ethical incoherence, by walking out of the hall just before Netanyahu began his speech.

Delegates didn’t walk out on Fidel Castro, who betrayed his nation and enslaved it after promising to be Cuba’s liberator. They didn’t walk out on Nikita Khrushchev, who was a significant architect of The Great Purge under Stalin that murdered between 700,000 and 1.2 million people. The United Nations has defended, supported and honored dozens of depots, dictators and mass killers, but its members chose the freely elected leader of the only democracy in the perpetually violent and messed-up Middle East—which the U.N. is primarily responsible for messing up in the first place—to show such symbolic contempt, disrespect and stupidity. As Netanyahu said in the clear and persuasive speech that followed this insult, the gesture supported terrorism, giving Hamas reason to believe the horrific sneak terrorist attack in 2023 was a diplomatic success, in addition to killing innocent Jews, the Palestinian national pastime.

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James Comey Is Indicted. I’d Love to Say “Good,” But I Can’t

/ Jack Marshall / 10 Comments

There is evidence that former FBI director James Comey leaked information to a third party to ensure that it reached the news media—a legal breach—and lied to Congress. Is it strong enough to meet a beyond a reasonable doubt threshold? Maybe not.

He is still an ethics villain. Comey managed to make hash out of the 2016 election, first refusing to charge Hillary Clinton for a crime that he—falsely—claimed other, lesser officials had never been charged with, and then tried to make up for handing Hillary a “Get out of the negative headlines free” card by opening a new investigation even closer to the election sparked by the appearance of some of Hillary’s emails on her assistant’s boyfriend’s computer. Comey was the epitome of the “Deep State” embedded foe of President Trump—you will recall that he recently approved of the legend 8647, as in “Kill President Trump,” in a social media post. A a fan of ethical government and democracy, I am not sorry to see some adverse consequences coming Comey’s way. As a legal ethicist, I am dubious about the indictment.

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Yes, It’s Another Open Forum…

/ Jack Marshall / 30 Comments

The second in three days. I wrestled over whether to skip the regular Friday Forum, having launched an emergency Wednesday forum just days before. I decided to keep on schedule because 1) a lot is happening in the Wonderful World of Ethics right now and 2) the Emergency Forum has amassed a whopping 51 comments, and its my experience that may readers won’t take the time to drill down that deep, though they miss a lot of excellent commentary as a result.

So open forum away, I say with tongue in cheek, since I hate hate hate the current fad of turning nouns into verbs (“Let’s movie!”).

Ethics Quote of the Month: SCOTUS Justice Clarence Thomas

/ Jack Marshall / 11 Comments

“If it’s totally stupid, you don’t go along with it…”

—Supreme Court Justice Clarence Thomas, in comments at Catholic University in Washington, D.C., as he explained why he thinks the traditional reverence for Supreme Court precedent (stare decisis) makes neither legal nor logical sense

In discussions with some of my more fair and rational progressive lawyer friends about the Dobbs decision overturning Roe v. Wade, several of them admitted that Roe was a terrible opinion, badly reasoned and sloppily written. This has been the consensus of most honest legal analysts since the 1970s, but never mind, Roe declared the right to kill unborn children for any reason whatsoever a right, so for abortion-loving feminists and their allies (including men addicted to promiscuous sex without responsibility), Roe was a “good” decision. But my colleagues who knew it was not just a poor decision but a terrible one condemned anyway, because, they said, it violated stare decisis, the hoary principle that the Supreme Court should eschew over-turning previous SCOTUS decisions even if they were outdated or clearly wrong, in the interests of legal stability, preserving the integrity of the Court and insulating the institution from the shifting winds of political power.

Like many principles, that one sounds better in the abstract than it works in reality, and Roe is as good an example as one could find short of Dred Scott. Roe warped the culture and turned living human beings into mere inconveniences whose lives could be erased at whim. How many millions of human beings don’t exist today because of the ideological boot-strapping logic of that decision, which bizarrely equated the right to contraception to the right to kill the unborn?

Reverence of bad decisions as beyond reversal is also a handy political weapon: as several wags have noted, stare decisus is mandatory when the precedent at issue is progressive cant (like Roe), but when the Left passionately believes a SCOTUS decision was wrongly decided, it’s time for an “exception” to stare decisus. In his recent appearance at D.C.’s Catholic University, where he taught at the law school until protesters against Dobbs in his classes forced him to stop, Justice Thomas pointed to Brown v. Bd. of Education, the landmark decision that overturned a well-established Court precedent holding that “separate but equal” was a principle that allowed segregation in the public schools as he neatly eviscerated the intellectually dishonest position that SCOTUS precedent must be sacred.

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Mets Announcer Gary Cohen Was Right and Cubs Rookie Matt Shaw Is…What, Exactly? And What Am I?

/ Jack Marshall / 19 Comments

Chicago Cubs rookie third baseman Matt Shaw skipped the Cubs’ game against the Reds on Sunday after receiving a call from Charley Kirk’s widow. Instead, the player attended the memorial event for the assassinated activist at State Farm Stadium in Arizona. Shaw is not just a Kirk admirer: Shaw had something of a personal relationship with Kirk that he described as important to him, though they were not close friends.

During Tuesday’s Mets-Cubs game at Wrigley Field, game, Mets play-by-play announcer Gary Cohen said, “Shaw had Cubs world in a tizzy this weekend when he was not here for the Cubs game with the Reds — a game they lost (1-0) and in which his lack of presence was felt. It was later revealed that he had been given permission to attend Charlie Kirk’s funeral.”

Cohen added, “I don’t want to talk about any of the politics of it, but the thought of leaving your team in the middle of a race for any reason other than a family emergency really strikes me as weird.”

Naturally, Kirk-worshiping Mets fans erupted on social media, with some pledging to boycott any games announced by Cohen and others insisting that he be fired. Now, Cohen didn’t say anything negative about Charley Kirk at all. Moreover, he was 100% right. It is very weird, although weird would not be my word for it. Skipping an important game in the waning days of a baseball season when your team seeks your services is selfish and unprofessional. Shaw is a rookie and “only” makes the MLB minimum of $760,000; nonetheless, that salary commits him to being available to play if he is healthy. This wasn’t his wife giving birth or a desperately sick child or the death of a parent—the MLB Players’ Union bargained for special leave for such events.

Some wags have pointed out that the rookie is hardly a star: he’s about a league average hitter, though his fielding at third is outstanding. That misses the point. He was obligated to play baseball, not to go to a memorial ceremony. An actress bailed on an ethics program she was supposed to assist me on, with almost no notice, because her grandmother died. ProEthics, as in me, blackballed her after that, and I told her not to bother auditioning for any professional shows in the D.C. area I directed. Woody Allen said that 80% of success is just showing up, and I couldn’t trust this alleged professional to do that.

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The Trump-Epstein Statue Mini-Ethics Train Wreck

/ Jack Marshall / 8 Comments

[Before I return to my own blog after circumstances beyond my control left me unable to post for most of yesterday, I want to thank the EA commentariate for coming through with a stellar performance on yesterday’s emergency Open Forum. I expected nothing less, but the range of posts and topics was dazzling.]

I missed the Mall statute controversy until this morning. Here is the statue, which was only on display for a day before the National Park Service took it down:

Nice.

A permit for the thing was approved on September 16, and originally authorized the disparaging statue to remain on display at the National Mall until 8 p.m. ET this coming Sunday. A plaque beneath the bronze figures of the late convicted pedophile and sex trafficker and the President of the United States read: “In honor of friendship month, we celebrate the long-lasting bond between President Donald J. Trump and his ‘closest friend’ Jeffrey Epstein,” followed by a silhouette of two hands making a heart shape. The stated purpose of the artwork was “to demonstrate freedom of speech and artistic expression using political imagery.” That was deceit. The purpose of the statue was to promote the desperate Axis talking point that President Trump was involved in Epstein’s criminal activities, of which there is no evidence whatsoever and has never been any evidence.

Again, nice.

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Sunrise Open Forum & a Few Topics To Consider [Expanded]

/ Jack Marshall / 51 Comments

I’m in Richmond, preparing to do a 3 hour legal ethics CLE seminar for one of my last remaining live presentation clients since the stupid Wuhan virus lockdown ruined my business, along with oh, so much else. (Thanks, CDC! Thanks, teachers! Thanks, Democrats! Thanks, “science.” Thanks, fear-mongering news media! Assholes….) I barely have time to wake up after a long drive in the wee hours last night from Alexandria, so I’m going to have to rely on you, dear readers, to keep things lively while I am otherwise occupied.

One thing to look forward to:EA will launch a new regular column authored by our alien philosopher, Extradimensional Cephalopod! We have had two other attempts at a regular column to inject diverse (ooo, that word!) ideas and opinions here beyond the guest posts and Comments of the Day, both evaporating for various reasons, in the case of the most recent contributor, incipient insanity. “Curmie’s” Trump Derangement proceeds apace: in his latest post, he declares that “There is no such thing as free speech if a state employee can be fired for saying something someone in power finds distasteful.” This is nonsense, as the Curmie I knew would have quickly pointed out. “Distasteful” is a deliberately and deceitfully vague term: any 12-year-old could probably imagine dozens of “distasteful” comments that a government employer could justifiably decide are intolerable from an employee. The courts agree, you know.

In other news, France and other U.S. allies decided to make terrorism great again, rewarding Hamas for its October 7 attack on Israel by “recognizing” the non-existent Palestinian state. President Trump correctly excoriated those nations at the U.N.

Meanwhile, in more important news, Major League Baseball announced that the new robo-strike calling system will indeed be instituted next season. It’s about damn time. In the game I listened to on the way to Richmond (Boston defeated Toronto, 4-1), the announcers admitted that the home plate umpire was missing calls all through the game. “Well, that pitch was well off the plate, but that’s how he’s been calling strikes all night!” Boy am I sick of that.

Finally, a “The Unabomber was right” note. My new Apple smartphone wouldn’t allow me to set an alarm for this morning as insurance against the hotel skipping my wake-up call until I signed up for its “health app,” which took 8 screens, and ended up telling me that I shouldn’t get up when I wanted to.

Well, wish me luck. I have about 150 Virginia lawyers to make ethical this morning, only 14 of them in person. %$#@!& lockdown….

Added: Oh, I forgot: Disney relented and let Jimmy Kimmel back on the air last night. Oh, so what? If ABC wants to have a late night show hosted by a not-too-bright, occasionally funny, progressive scold lose money, that’s their choice. The President should shut up about it; he just gives Kimmel significance and attention that his meager talent doesn’t justify. And threatening ABC for its broadcast content is beyond stupid, as well as unconstitutional. Trump’s thin skin regarding criticism is a serious weakness, but as with the others, he appears incapable of ameliorating it.

Ethics Quiz: The Lawyer’s Facebook Post

/ Jack Marshall / 13 Comments

Insurance litigator Bradley Dlatt was fired by law firm Perkins Coie and has been erased its website after he posted on Facebook,

“Charlie Kirk got famous as one of America’s leading spreaders of hatred, misinformation and intolerance.The current political moment—where an extremist Supreme Court and feckless Republican Congress are enabling a Republican president to become a tyrant and building him a modern-day Gestapo for assaulting black and brown folks—is a result of Charlie Kirk’s ‘contributions’ to American media and politics. Hell, Kirk would likely be flattered by the underlying claim. His Turning Point USA began as a sort of Misbehaved Young Republicans and eventually overshadowed traditional right-wing organizations like CPAC in dictating the shape of American conservatism. Not to diminish Donald Trump’s media instincts, but when polls suggest young men turning more conservative helped get Trump to this point, that’s all Kirk. And he can take credit for all that flows from that, including the current Supreme Court making a straightfaced proclamation that forgiving student debt is executive tyranny and then deciding that sending people to South Sudan without due process is just “practicing executive authority the right way.” It’s not “celebrating” a murder just because you decline to whitewash Kirk’s legacy by acting like he “was practicing politics the right way” as Ezra Klein belched out onto the pages of the New York Times. Klein apparently believes saying that the guy who tried to murder Paul Pelosi with a hammer should be bailed out by some “patriot” or responding to the murder of George Floyd by calling him a “scumbag” is “the right way.” It’s a stunning display of pathological centrism brain: a compulsion to champion an angle that almost no one in the real world shares and then preen as though being an outlier is a sign of genius. Because while liberals didn’t think Kirk practiced politics the right way… neither did conservatives! If they’re being honest with themselves, the highest compliment conservatives give Kirk is that he broke politics. He saw the dusty, genteel norms of the post-War political divide and tossed them aside to build a following. He took Rush Limbaugh’s model and pushed it beyond its limits. That said, no one in this country should be murdered for their political speech. Wishing comfort to his wife and children in this difficult time. “

Your Ethics Alarms Ethics Quiz of the Day: Continue reading →

The Irrational Premature Death Response

/ Jack Marshall / 10 Comments

At least I am consistent. The phenomenon of public figures and celebrities immediately having their influence and perceived importance and value elevated by a sudden death that they had no control over has always bewildered me. I got my first taste of hostility for bucking conventional wisdom when I wrote an editorial for my junior high school newspaper questioning the fairness of the rush to rename airports, highways and buildings after President Kennedy in the aftermath of his assassination. “Honor Him…Quietly” was my title, and I questioned whether it was responsible to strip names honoring other worthy Americans from various landmarks because Lee Harvey Oswald happened to have access to a warehouse window in Dallas. Since I was living in a Boston suburb at the time and Kennedys were considered just short of deities, this was not a popular point of view.

When his rival and frequent adversary Truman Capote drank and drugged himself to death at 59, Gore Vidal famously said, “Good career move!” Nasty as that assessment was (and was intended to be), whether at the the hand of another or the public figures themselves, early death is almost always a good career move.

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Most Fascinating Ethics Quote of the Year: President Donald Trump

/ Jack Marshall / 20 Comments

“He did not hate his opponents. He wanted the best for them. That’s where I disagreed with Charlie. I hate my opponent and I don’t want the best for them.”

President Trump, in his eulogy for assassinated conservative activist Charley Kirk at the massive memorial service in Phoenix

Can a quote be both ethical and unethical at the same time? You have to hand it to Donald Trump: his statement above at the Kirk memorial service had progressive heads exploding all over the map, and some conservative heads too. It was a genuinely provocative line, rich with contradictory meanings and implications. Did the President intend it that way? Who knows? They will be arguing about Trump’s brain in history and psychology tomes for a hundred years. I find myself hearing Wilford Brimley’s voice echoing through my brain in his iconic scene from “Absence of Malice”: “Mr. Gallagher, are you that smart?” Except in this case, it’s “Mr. Trump.”

Of course the line triggered the Trump-Deranged into self-identification, as with this guy…

But Trump didn’t say he hated half the country. Now Joe Biden came a lot closer to doing that when he accused Republicans of being fascists who are existential threats to democracy, though it was in a national speech to the nation not a memorial service. (I think that’s worse, myself.) We can’t be sure whom Trump regards as his “opponent.” Those who want him dead, as about a quarter of all Democrats according to one poll? Those who tried to impeach him twice and put him in prison using contrived prosecutions? Those who call him Hitler? The journalists and pundits who have been lying about him since he was elected in 2016 and before? Continue reading →