The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!” (Continued)

/ Jack Marshall / 13 Comments

A-Pistol-Against-My-Head.

As discussed in the first section of this post, the once sacrosanct principle that lawyers and law firms were ethically obligated to represent unpopular clients when they needed legal assistance has been deteriorating for the last decade, most recently under pressure from the self-righteous Left. Victims of the new progressive ethic that the ends justify the means, Lawyers and law firms have been threatened when they dared to align themselves with the opposition to progressive agenda items, because, in the universe to the port side of the ideological spectrum, those who don’t agree with the righteous are evil.

And it seems clear that few lawyers possess the courage and integrity to remains professional in their response to such threats.

After the King & Spalding embarrassment described in the earlier post, a similar episode occurred involving Obamacare.  In House of Representatives v. Burwell, the House challenged the legality of subsidies the Obama administration paid to insurers. After the House authorized the suit, David Rivkin and his firm, Baker Hostetler, signed a contract to litigate the case.

Rivkin was warned by members of the firm that litigating a case in opposition to Obama could drive off potential clients and hurt Baker Hostetler’s credibility…that is, its bottom line. Within a week after the contract was announced, partners at the firm, which represents many hospital management firms and insurance companies, started to receive urgent calls from general counsels of clients in the health-care industry. The messages were identical: their companies could not continue to associate with Baker Hostetler if it litigated the House’s lawsuit. Many suspected that the Obama administration was behind the scenes, urging health-care companies to drop Baker Hostetler. The firm dropped the case.

The House, suddenly without legal representation, frantically sounded out many of the top firms in Washington without success. The House finally selected D.C. lawyer William Burck of Quinn Emanuel Urquhart & Sullivan LLP. Three weeks later, without any explanation, Burck also withdrew from the case under pressure from his firm’s partners.

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Open Forum, Election Aftermath Edition

/ Jack Marshall / 30 Comments

Carnage mess

Not that anyone has to discuss the ethical issues surrounding the election, about which I am thoroughly sick.

Do stick to ethics, however…

The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!”

/ Jack Marshall / 6 Comments

unbalanced-justice-scale

One of the many benefits of the Trump Administration and the concomitant 2016 Post-Election Ethics Train Wreck, one theory goes, is that it has exposed the ethical rot and lack of integrity of so many previously admired and trusted professions.

Among those that have thoroughly disgraced themselves in their rush to enamor themselves before their progressive, President Trump- loathing colleagues and friends—you know, the good people—have been journalists (of course), academics, psychiatrists, doctors, epidemiologists, ethicists, historians, teachers, judges and lawyers. Thus it shouldn’t have been a surprise (though it was to me, as always an optimistic sap) when efforts to prevent the Trump campaign from having the best possible legal advocates as it pursues challenges to the 2020 election results would bear ugly fruit.

The NeverTrump Lincoln Project joined the anti-Trump Democrats in targeting the law firms hired by the campaign. Election law specialists Porter, Wright, Morris & Arthur and its lawyers were threatened with professional ruin. The theory went that daring to support the President of the United States constitutes a “dangerous attack on our democracy.” The firm, showing a dearth of legal ethics and integrity withdrew, whining that the assault on its reputation created a conflict of interest, was disrupting the firm, and had prompted at least one lawyer’s resignation. Since then other firms have dropped the campaign as a client, and the reason was fear—of losing clients, of being shunned in the legal community, of losing money. Mostly the latter.

This is only the latest progression in the decay of basic law firm ethics that began during the Obama administration. The reason is—broken record here—bias.

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Monday PM Ethics Parcels, 11/16/2020: Hypocrisy, Hypocrisy, Harvard

/ Jack Marshall / 28 Comments

packages--1

1. Hypocrisy One. Another note on crazy-making discussions with the Trump Deranged; I admit to snapping when a once-intelligent Biden voter tossed off the Big Lie that Trump was a danger to individual rights, specifically free speech. “What?” I exploded. “Give me a single example where the President has taken any action that threatens free speech! Meanwhile, conservative speakers have been blocked from reaching audiences on campus, members of  Congress, all Democrats, have argued that “hate speech” isn’t protected under the Constitution, executives, board members, faculty members and others have been forced to resign because of communications that do not comport with progressive positions; citizens wearing MAGA hats have been attacked; Democratic leaders have endorsed Black Lives Matter, which enforces compelled speech (because silence is violence), social media platforms run by Democratic Party supporters are actively censoring conservatives, the a  New York Times editor was forced to apologize and ultimately resigned for allowing an opinion the staff didn’t like to be published as an op-ed, a Democratic Representative and others area calling for supporters of the President to face accountability, and President Trump is a threat to free speech?

Do you know what her sole justification for that position was? The President attacked the news media and declared them the “enemy of the people.” That was it. That was enough: words, not actions. Barack Obama’s administration bugged a journalist. Obama himself attacked Fox News. But Donald Trump threatened the First Amendment.

I don’t understand how such nonsense can come out of an educated person’s mouth without her hearing it and gasping, “Wait! That was completely ridiculous! What’s the matter with me? How did I get this way?”

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Oh-oh: WordPress Deplatforms The Conservative Treehouse Blog

/ Jack Marshall / 33 Comments

dead canary

I don’t understand this development at all. Perhaps I should say that I hope I don’t understand it. The move feels like another canary dying in the Free Speech mine.

A week after the 2020 Presidential election, The Conservative Treehouse received this from WordPress, which, as you know, hosts Ethics Alarms:

…”given the incompatibility between your site’s content and our terms, you need to find a new hosting provider and must migrate the site by Wednesday, December 2nd.

What’s going on here? This is the blog’s interpretation :

It means CTH is being kicked-off the WordPress website hosting platform because the content of our research and discussion does not align with the ideology of those who define what is acceptable speech and what is not.

What was our violation?  After ten years of brutally honest discussion, opinion, deep research and crowdsourcing work -with undeniable citations on the events we outline- there is no cited violation of any term of service because CTH has never violated one.

The WordPress company is not explaining the reason for deplatforming because there is no justifiable reason for it.  At the same time, they are bold in their position. Perhaps this is the most alarming part; and everyone should pay attention. They don’t care.

Truthful assembly is now the risk.  CTH is now too big; with a site reach of 500,000 to a million unique readers each day; and with well over 200,000 subscribers; our assembly is too large, too influential, and presents a risk… we guard the flickering flame.

The Conservative Treehouse is a professionally operated blog. I don’t visit it often; the tone is too ideologically rigid for me, and the lionizing of the late Andrew Breitbart, who proudly engaged in unethical journalism, signals to me that ethics is not high on the blog’s priority of values.

However, unless there is something more behind this event, it is ominous.

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“You Have No Enemies” By Charles Mackay (1814-1889)

/ Jack Marshall / 13 Comments

Let’s start the week with some poetic inspiration.

The excellent Netflix series “The Crown” launched its fourth season yesterday, with Scully herself, Gillian Anderson, delivering a brilliant portrayal of “the Iron Lady,” Margaret Thatcher. At one point, Queen Elizabeth (Olivia Coleman) warns the Prime Minister that she is making enemies, and she responds by reciting from memory this poem, which I had never heard or read before.

One more thing: Since I posted the poem, it has been the most visited post of the more than 12,000 on Ethics Alarms. If you came for the poem, why not stay for the ethics? Look around, read the comment policies, check out the categories (to your right.) This isn’t the only enlightening post you’ll find here, or even the most enlightening.

You Have No Enemies

You have no enemies, you say?
Alas! my friend, the boast is poor;
He who has mingled in the fray
Of duty, that the brave endure,
Must have made foes! If you have none,
Small is the work that you have done.
You’ve hit no traitor on the hip,
You’ve dashed no cup from perjured lip,
You’ve never turned the wrong to right,
You’ve been a coward in the fight.

Mackay is not well-known in the U.S., and he was a marginal literary figure in England. But in 2019, a confidante of Thatcher’s revealed that she turned to the writings of Mackay for solace and inspiration, particularly “Enemies,” which she kept in her scrapbook.

I’d describe the poem as a simpler, more direct predecessor of Theodore’s Roosevelt’s famous “The Man in the Arena” speech. (Teddy did go on.) Mackay’s poem has the advantage of being suitable for children, who need to be taught, as do almost all of our current politicians, that popularity isn’t everything.

[Note to first time Ethics Alarms visitors: You came for the poem; why not stay for the ethics and the lively discussions? You can find out more about the blog here. Welcome!]

Sunday Ethics Infusion, 17/15/2020: “Run Away!”

/ Jack Marshall / 16 Comments

1. To channel Scarlet O’Hara…If one more Trump-Deranged individual accuses me of  adopting right-wing media conspiracy theories, I will get angry, and they won’t like me when I’m angry. I accept analysis from no one, especially from the likes of (the former version of) Fox News, Breitbart, Mark Levin and others of note. If I like a legitimate authority’s analysis (like, say, Andrew McCarthy, Ann Althouse or Jonathan Turley), I will credit them for it. “It sure is suspicious that your points agree with theirs” I was told today. It’s no more suspicious than the fact that their stated analysis agrees with mine. I’m not tolerating this insult. I’m at least as informed, educated and intelligent as those I am accused of “parroting,” and I’m considerably more informed, educated and intelligent than the typical knee-jerk progressive water-carrier who tries to win arguments they have neither the wit nor the facts to support by calling me incapable of forming my own opinions.

2. An update! The original collection of movie clips that Ethics Alarms uses repeatedly to illustrate certain points has been expanded considerably.

3. “Run away!” I see that conservatives are “fleeing” Facebook and Twitter for the allegedly more accommodating and less censorious environs of Parler and MeWe. EVERYONE should bolt from Facebook and Twitter if they have any concern about the social media platforms manipulating public opinion and possible tilting the election by partisan censorship, not to mention the mendacity of both platforms’ CEOs and their basic lack of trustworthiness.

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A Case Study In Intimidation: The Self-Cancelling Children’s Book Author

/ Jack Marshall / 6 Comments

childrens book illustration

This could have been a standard Ethics Dunce post, but I think it warrants more attention than that category might suggest.

One of the reasons it is fair to say that the President had the election stolen from him, or, as he likes to say (and shouldn’t) “rigged,” is that his supporters have been relentlessly intimidated and indoctrinated into attitudes designed to make them doubt their own judgment and values, especially those that aligned with the President’s policies. The tactics have ranged from threatening and even physically attacking citizens for wearing MAGA hats, to forced resignations of company officials and academics for the “crime” of endorsing Donald Trump’s actions in office.

Self-censorship triggered by fear of rejection and social isolation allowed Facebook, for example, to become a progressive echo chamber with minimal dissent. (I haven’t posted on anything related to the election for a month. It’s just a waste of time, and I end up losing respect for people I would like to keep as friends while having to defend views that should require no defense.) We are also seeing the related phenomenon of self-flagellation, self-shaming and self-cancelling of the sort demanded by the “Silence is violence” mobs. Like tortured and brain-washed North Korean prisoners of war,  we are ordered to denounce our great sins, such as engaging in “systemic racism,” enjoying “white privilege,” defying the political correctness police, and daring to support the President of the United States. When Black Lives Matter terrorists burst into restaurants and demand that diners raise their fists or hands in support of the Marxist, racist, anti-law enforcement group, the photographic evidence is that they do as ordered in hopes that they be left alone. What nation’s citizens from the past, say, 85 years ago do these timid souls remind you of?

Never mind. I digress…

Adam Pottle’s children’s book “The Most Awesome Character in the World” tells of Philomena, a young deaf girl whose  deafness  has made her vibrant and  imaginative person. (The author is also deaf.)  .

Pottle did not have approval over the illustrations his publisher chose to complete his book, and with the nudging of some negative reviews online, was horrified at the illustration above.  He concluded that the single drawing was “racist,” and Pottle asked that it be changed. The publisher, Reycraft Books, refused (the profit margin on any book is small, and this would guarantee a money-losing project), so Pottle took to social media and asked people not to buy his book and retailers not to stock it. Several retailers supported him.

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“How Is Rewarding Unethical Behavior Ethical?”

/ Jack Marshall / 35 Comments

Every now and then a comment on Ethics Alarms that I have not answered personally sticks in my brain like a musical earworm, literally keeping me awake at night. This was one of those times. That proclivity is one reason I have made over 50,000 comments on my own blog among the 300,000 here in the decade Ethics Alarms has been in existence. The vast majority of bloggers don’t do that; most don’t comment at all. I do it because, in addition to the biological need for sleep, I designed this forum to be a colloquy and an ongoing ethics seminar as much as a platform for my own analysis.

This time, the comment that stuck in my brain like “Thank-You Girl,” the Beatles’ all-time earworm, began,

“How is rewarding unethical behavior ethical?”

The comment came as a response to yesterday’s post explaining why it would be best for all concerned  if President Trump would stop claiming that the election was “stolen” or “rigged” (though it was both) and concede with graciousness and honor now that the chances of his prevailing in the Electoral College are vanishingly small.

I could answer that question in two sentences, or with a book. I will try mightily to come much closer to the former than the latter.

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Saturday Ethics Aftermath, 11/14/2020: Art And Ethics

/ Jack Marshall / 5 Comments

Brussels statue

1. Movie plot ethics. It’s clear that I have watched far too many movie and TV programs. I am now at the point where certain routine plot and directorial devices not only annoy me, they insult me. I regard these now as disrespectful and incompetent, and in that sense, unethical. I’m not talking about the cliches that still work with the young and uninitiated, like how the apparently dead/injured/ betrayed/ rejected or abandoned character you forgot about is always the one who shows up to save the day. (Among the reasons I love the “Magnificent Seven” so much is that when the one member of the team who had quit shows up to rescue his pals in the final gun battle, he is shot and killed immediately.) I’m referring to tropes that are self-evidently stupid and should seem so for any viewer over the age of 12.

For example,  if there’s a vicious, murdering psychopath chasing you, and you knock him cold with a steel pipe or incapacitate him in other ways, you don’t assume he/she/it is dead and leave the killer there to revive and slaughter you. You make sure the manic/monster is dead. Beat his head to a pulp; heck, cut it off.  This is often paired with another idiotic scene, the ill-timed hug. The world is going to blow in seconds, zombies are coming, crazies are beating down the door: save that passionate embrace for later, you morons! The same applies to long, emotional conversations in the midst of disasters when every second counts. Which is worse, I wonder: the long debate in “Armageddon” between Bruce Willis and Ben Affleck when they have literally seconds to save the Earth from an asteroid apocalypse, or the even longer argument among three fire fighters in the middle of a burning building?  That was in “Backdraft,” and I never quite felt the same about director Ron Howard after that.

2. Statue ethics again.  A new London  sculpture dedicated to Mary Wollstonecraft, the 18th-century writer and feminist hero (and the mother of Mary Shelley) is attracting much hate from art critics and the public.

MW memorial

The work by the British artist Maggi Hambling features a small, naked woman standing on a pillar silvered bronze, set on a cube of dark granite. The overall form is just larger than an average person, and sits well with the park: “Why is Mary naked?” critics are demanding. One Twitter user said: “I had no idea Mary had shredded abs.”

Morons. Read the statue’s base: “For Mary Wollstonecraft, 1759-1797.”  This is not intended to be a likeness of, but a tribute to,Wollstonecraft, whose most famous quotation from her “A Vindication of the Rights of Woman,” published in 1792, appears on the other side of the base:  “I do not wish women to have power over men; but over themselves.”

Before one starts criticizing anything, it is essential, fair and responsible to know what one is talking about. Every day I send to Spam Hell comments from Ethics Alarms critics who obviously didn’t read the post they are commenting on. I once went to great lengths to get a local theater critic fired who reviewed a show I directed after I saw her walk out before the second act.

On the other side, as a stage director who made being clear my prime directive, I hold the artist partially responsible when a large proportion of viewers don’t understand what is being communicated.

3. Then there is this:

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