Ethics Verdict: Justice Clarence Thomas Must Resign. Immediately. [Corrected]

/ Jack Marshall / 85 Comments

There is no way to get around this, to rationalize it or to look the other way. U.S. Supreme Court Justice Clarence Thomas, the longest-serving justice on the court and the cornerstone of the current 6-3 conservative majority, must resign from the Court now. Today. There may be a route to impeaching him, but it is dubious and unlikely to succeed in removal.

I had just returned yesterday from giving a presentation to non-profit lawyers on professionalism, lawyers’ duty to do more than just avoid violating the ethics rules, but to comport themselves in a manner that bolsters the public’s trust in the profession. Judges at all levels have the same obligation. When I finally returned to my office and had the time and inclination to catch up on ethics developments, I encountered the news that Justice Thomas not only had breached that obligation in a stunning and unforgivable manner, but has been doings so for more than 20 years.

ProPublica, whose mission is “To expose abuses of power and betrayals of the public trust by government, business, and other institutions, using the moral force of investigative journalism to spur reform through the sustained spotlighting of wrongdoing,” revealed that its investigation into Thomas’s longtime friendship with billionaire conservative donor Harlan Crow had revealed that he and his wife Ginni (a conservative activist) have taken yearly luxury vacations paid for by Crowe as the mogul’s guests. Thomas has also failed to report them.

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Lyric Political Correctness In “The Little Mermaid”: Not Unethical, Just “The Great Stupid” Doing What It Does…

/ Jack Marshall / 4 Comments

From the Ethics Alarms mailbag came an inquiry about the latest kerfuffle over the upcoming live action version of “The Little Mermaid.” There are two great production numbers in the original, both sung by a crab: the Academy Award-winning “Under the Sea” and the more sedate “Kiss the Girl,” in which Ariel’s devoted crustacean friend urges Prince Eric, Ariel’s secret love, to take the plunge and kiss the magically land-bound fish-woman.

Here are the original lyrics:

There you see her
Sitting there across the way
She don’t got a lot to say
But there’s something about her
And you don’t know why
But you’re dying to try
You wanna kiss the girl

Yes, you want her
Look at her, you know you do
Possible she wants you too
There is one way to ask her
It don’t take a word
Not a single word
Go on and kiss the girl

Sing with me now
Sha-la-la-la-la-la
My oh my
Look like the boy too shy
Ain’t gonna kiss the girl
Sha-la-la-la-la-la
Ain’t that sad?
Ain’t it a shame?
Too bad, he gonna miss the girl

Now’s your moment (ya, ya, ya)
Floating in a blue lagoon (ya, ya, ya)
Boy, you better do it soon
No time will be better (ya, ya, ya, ya, ya, ya)
She don’t say a word
And she won’t say a word
Until you kiss the girl

Sha-la-la-la-la-la
Don’t be scared (sha-la, sha-la-la ya, ya, ya)
You got the mood prepared (woah, woah)
Go on and kiss the girl
Sha-la-la-la-la-la
Don’t stop now (sha-la, sha-la-la ya, ya, ya)
Don’t try to hide it how
You want to kiss the girl (woah, woah)
Sha-la-la-la-la-la
Float along (sha-la, sha-la-la)
And listen to the song
The song say kiss the girl (woah, woah)
Sha-la-la-la-la-la
The music play (ya, ya, ya, ya, ya, ya)
Do what the music say
You got to kiss the girl
You’ve got to kiss the girl
Oh, don’t you wanna kiss the girl
You’ve gotta kiss the girl
Go on and kiss the girl

Via the surviving member of the team that wrote the songs in “Mermaid” (and better yet, “Little Shop of Horrors”), Alan Menken, we learned this week that Disney, which is too woke for its own good these days (and ours), ordered up some lyric changes in the song because “people have gotten very sensitive about the idea that [Prince Eric] would, in any way, force himself on [Ariel].”

Oh, please.

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Ethics Dunce: LSU Women’s Basketball Star Angel Reese

/ Jack Marshall / 14 Comments

Wow. What a disrespectful, narcissistic, rude and entitled athlete. Now let’s see if anyone has the guts and integrity to tell her she’s completely in the wrong. My bet: Nah.

LSU beat Iowa for the women’s national championship over the weekend. First Lady Jill Biden, ESPN reported, was in attendance at the decisive game and praised Iowa’s sportsmanship. “I know we’ll have the champions come to the White House; we always do. So we hope LSU will come,” Dr. Jill said. “But, you know, I’m going to tell  Joe  I think Iowa should come, too, because they played such a good game.”

OK, the tradition is for the President to invite the winning team in such situations, so suggesting that the losing team deserved an invite to was a bit naive. But truly: big deal. Never mind: LSU star Angel Reese decided that it was justification to blow a gasket and throw a tantrum. Later, someone told Jill that this wasn’t the way it was done, and the First Lady had her press secretary  “walk back” and spin the first lady’s comments, saying they “were intended to applaud the historic game and all women athletes. She looks forward to celebrating the LSU Tigers on their championship win at the White House.” In other words, she didn’t mean what she said, when obviously, at the time, she did.

A gracious, mature individual who knows that our elected leaders and their family members deserve to be accorded a bit more generosity and respect in general and be given some consideration and empathy when they make gaffes than the family next door that gets drunk and parties all night would have left the matter at that, but not Angel, who told a podcast, Continue reading →

“A Republic, If You Can Keep It”: Ethics Reflections On Chicago’s Mayoral Election

/ Jack Marshall / 16 Comments

Having just rejected a hard-left Democratic mayor whose leadership and policies left the city of Chicago in the midst of crises in its schools and on the streets, the besieged city’s voters took stock, thought hard, and elected a new mayor who promises more of the same. Brandon Johnson, a Cook County commissioner and Chicago Teachers Union organizer, squeaked out a victory over Paul Vallas, a former Chicago Public Schools CEO. This indicates mass incompetence and ignorance by the city’s electorate, as well as apathy and a flat learning curve.

Let’s begin with the fact that Johnson, who advocates raising taxes (on “the rich,” of course) didn’t deliver on many of his own financial obligations. He finally had to pay up once he was elected, because Chicago has a law blocking deadbeats from taking office. Before that, however, he owed $3,357 in water and sewer bills as well as$1,044 in unpaid traffic tickets dating back to 2014 and 2015. Johnson’s campaign’s official rationalization for this was essentially the ever-popular “Everybody does it”:

“Like many working and middle class Chicagoans, the Johnson household has received various fines and fees from the City of Chicago over the years. These fines and fees are on a previously established payment plan and are on schedule to be fully resolved before Brandon Johnson takes office as our next mayor.”

But the mayor of the city is not like other citizens. He (or she) is supposed to be an exemplary citizen, and one who can lead by example. Johnson, obviously, can’t. The new Mayor-Elect also defaulted on a Capital One credit card debt of more than $3,600 in 2016. Chicago, meanwhile, is in the midst of its own fiscal problems. Choosing a guy with Johnson’s cavalier attitude toward financial obligations is pure incompetence.

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“Apparently Donald Trump Is A Ham Sandwich,” Continued: Prof. Turley Weighs In, Among Others

/ Jack Marshall / 40 Comments

I’ve been looking for commentary by legal and ethics experts I trust that defend Alvin Bragg’s indictment of Donald Trump, now that the thing is in black and white. (Speaking of White: old Popehat blogger Ken White was one of the first I checked. The former Ethics Alarms Award-winner as best ethics blogger has so far avoided the topic, I suspect because he regards explaining why an indictment of someone he obviously detests is a lot of hooey with the same eagerness he applies to having sex with a horseshoe crab.) In the earlier post today, Ethics Alarms looked at Andrew McCarthy’s analysis, which was searing in its contempt for Bragg’s efforts. Later, I discovered that one of the Washington Post’s worst knee-jerk progressive members of its editorial board, Ruth Marcus, wrote,

…the indictment unsealed on Tuesday is disturbingly unilluminating, and the theory on which it rests is debatable at best, unnervingly flimsy at worst.That is a scary situation when it comes to the first criminal charges ever lodged against a former president.

Then she almost immediately demonstrated why I hold her in such contempt by adding,

I’m not saying prosecutors will lose this case. They could well win, and I hope they do, because a failure to secure a conviction will only inflame Trump and his supporters in their claims that the criminal justice system is being weaponized against them.

Got that? She hopes Bragg wins a bad case and Trump is convicted because Trump and his supporters will have evidence to support the “claim” that the criminal justice system is being weaponized against them. Somebody explain to Marcus, a lawyer, though it always astonished me that she is, that ethical lawyers don’t want defendants to be convicted on bogus charges no matter who they are.

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Now THAT’S An Unethical Concession Speech!

/ Jack Marshall / 14 Comments

Wisconsin’s Supreme Court election Tuesday gave Democrats (well, liberals/progressives—the election is supposedly non-partisan) a one-vote majority as it faces deliberations over the state’s abortion ban, its gerrymandered legislative districts and the voting rules for the 2024 presidential election. Milwaukee County Judge Janet Protasiewicz’s defeated former state Supreme Court justice Daniel Kelly and ended 15 years of conservative control of the Wisconsin Supreme Court.

Kelly’s concession speech made Richard Nixon look gracious. Ethics Dunce, Unethical Quote, Incompetent UN-elected official—Kelly qualifies for several EA designations, none of them positive. His speech alone shows that the voters made the right choice. Who wants a judge with such atrocious judgment?

What a jerk.

________________

Pointer: valkygrrl

New Rule! Only White, Straight Men Need To Be Civil

/ Jack Marshall / 9 Comments

Last week, a looming $30 million budget shortfall prompted NPR to eliminate 10% of its staff across all its departments.  It killed several podcasts and so far, 84 employees are gone; more will follow.

One of the podcasts sent into the archives was “Louder Than A Riot,” which explored how hip-hop’s “Black women and queer folk have dealt with the same oppression [hip-hop] was built to escape.” So after getting the bad news, “Louder Than A Riot’s” staff took to Twitter and accused NPR of bias in its layoff decisions:

What support for that did the angry staff have? Oh, none. But NPR is a nest of progressives who don’t believe in ethics, so playing the discrimination card was a reflex, and Facts Don’t Matter. As it turned out, NPR did engage in discrimination, but the “good’ kind:  the layoffs had been  “structured in a way” so they would not disproportionately affect people of color and other marginalized groups. In other words, skin color and sexual proclivities were used to decide who to fire, and being white and non-LGTBQ was held against employees.

That’s unethical.

Also illegal.

Also “Diversity Equity and Inclusion” exemplified. Continue reading →

Apparently Donald Trump Is A Ham Sandwich [Corrected]

/ Jack Marshall / 40 Comments

Of course, we’ve known for decades that the man was a ham. Yesterday, however, unethical prosecutor Alvin Bragg provided decisive evidence that the former POTUS is also a ham sandwich, with an abusive grand jury indictment that perfectly embodied the old saw (first coined by former Chief Judge of the New York Court of Appeals Sol Wachtler) that district attorneys could get grand juries to “indict a ham sandwich.”

When the breathlessly anticipated indictment finally came down from the grand jury (here is the indictment), it fulfilled the worst predictions of critics.

“Oh, we have to wait to see the indictment” was the mantra from Bragg’s defenders, and that was sort-of true. However, we already knew that this was a bad case: the statute of limitations has lapsed, Bragg has no jurisdiction to enforce federal law, the act of paying for a non-disclosure is not a crime, the claim that the pay-off was really a campaign contribution is based on circumstantial evidence at best, the key witness is Michael Cohen, one of the sleaziest lawyers in the professions long line of sleazy lawyers and convicted perjeror, and both the Justice Department and Bragg himself had already decided it was too weak to prosecute, at least to prosecute ethically. Moreover, Bragg’s “statement of facts” before the indictment (which you can read here), made the case sound just as weak as many suspected it was.

When we learned that there were 34 counts, we thought, or at least I did, “Wow! Bragg must have a lot more to pin on Trump than Stormy Daniels and Michael Cohen!”

Uh, no.

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Ethics Dunces: Cynthia Kwiecinski

/ Jack Marshall / 31 Comments

Bullies, toxic language police, mean-spirited feminists, and, to be blunt but appropriately so, assholes, Kwiecinski and Colby are the co-chair and executive assistant respectively to the Easthampton Schools committee that offered long-time school principal Vito Perrone the position of superintendent. When Perrone sent an email to the two after his selection addressing them as “Ladies”…

…the two ladies were so offended by what they termed an unforgivable “microaggression” that the job offer was rescinded. Kwiecinski told Perrone that using “ladies” as a greeting was hostile and derogatory. Moreover, “the fact that he didn’t know that as an educator was a problem.'” In the email, Perrone had opened up the question of whether he could get higher pay and more sick days, since the total package Easthampton Schools had offered represented a pay cut from his current job. That, however was not cited as a reason for the withdrawn offer. Just a single word. That’s how the Left rolls these days. So many previously common and harmless words are taboo that it’s difficult to express some things. (And that, you know, is the point.)

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Ethically And Legally, Yeshiva University Can’t Have It Both Ways

/ Jack Marshall / 11 Comments

Yeshiva University is in a legal fight with a group of LGBTQ students, the YU Pride Alliance, that demands that the Modern Orthodox Jewish university recognize their campus club. To make the argument that it can refuse to do so, Yeshiva is claiming that it is a religious institution, which would which would exempt it from anti-discrimination laws under the First Amendment.

There’s a problem, though, a rather substantial one. Before the 2021 lawsuit, Yeshiva held itself out as an educational institution, which made it eligible for public funds but also meant that it could not defy city and state non-discrimination laws. The institution has received an estimated $230 million in taxpayer dollars to pay for the construction and renovation of its facilities, among other expenses, when it claimed to be an educational institution before 2021.

Now Yeshiva is stuck. The chairman of the State Senate Judiciary Committee has stated, “Regardless of anyone’s motives, misrepresentation to procure public money is dishonest and could potentially violate state law.” If it acquired those state funds legitimately, then Yeshiva cannot deny the students their organization without breaking the law. If the school has always been a religious institution as it now claims, it engaged in fraud by claiming otherwise to get $230 million dollars. Continue reading →