2016 Post Election Ethics Train Wreck

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

/ Jack Marshall / 5 Comments

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading →

A Very Bad Month For Price Waterhouse Coopers

/ Jack Marshall / 14 Comments

Earlier this month, Big Four accounting firm Price Waterhouse Coopers sustained a high-profile hit to its reputation when  the senior accountants the firm sent to ensure the integrity of the Oscars broadcast, a job the firm has had for more than half a century,  couldn’t manage to hand out the correct envelope at the televised ceremony’s surrounding.  Now it looks like the chaos that this botch created was a prelude to far, far worse.  For years, federal investigators have been scrutinizing Catapillar’s overseas tax affairs, examining the complex maneuvers involving billions of dollars and one of the company’s Swiss subsidiaries.

Now, a report commissioned by the government accuses the equipment manufacturing giant of carrying out a massive tax and accounting fraud involving billions of dollars. And the accounting firm Caterpillar employed to perform its audits?

The envelope please?

You guessed it.

The report, part of a wide investigation being undertaken by the United States attorney’s office for the Central District of Illinois, the IRS and the Inspector General of the F.D.I.C., thus far is neither public nor made available to Caterpillar for review.  It  describes an illegal company strategy to bring in billions of dollars from offshore affiliates while avoiding federal income taxes.  Leslie A. Robinson, an accounting professor at the Tuck School of Business at Dartmouth College and the author of the report, concluded that…

“Caterpillar did not comply with either U.S. tax law or U.S. financial reporting rules. I believe that the company’s noncompliance with these rules was deliberate and primarily with the intention of maintaining a higher share price. These actions were fraudulent rather than negligent.”

Dr. Robinson’s 85-page analysis, based on publicly available and internal financial data from Caterpillar as well as bank data tracking wire transfers from Switzerland into the United States, found that Caterpillar brought back $7.9 billion into the U.S. structured as loans, over and beyond the income that had already been taxed overseas. The company failed to report those loans for tax or accounting purposes, though under U.S. law those profits would be subject to federal taxes.

For example, the professor  found  correspondence between the company and the Securities and Exchange Commission in which Caterpillar said it had $2.5 billion  in income eligible to be brought to the United States tax-free. The company, she wrote, did not have “anywhere near” that much money still available to be brought in tax-free.

No charges have been filed yet. Last week, federal agents raided three Caterpillar buildings near its headquarters in Peoria, Ill., as part of the investigation. Caterpillar said it was cooperating with law enforcement, but denied wrongdoing. The Internal Revenue Service is currently seeking more than $2 billion in income taxes and penalties on profits earned by the Swiss unit.

Continue reading →

Ethics Train Wreck Update: Now The Dictionary People Have Boarded The Post-2016 Election Freakout

/ Jack Marshall / 26 Comments

It’s really depressing. I did not expect to see so many professions and professionals debase themselves and their ethical principles because they couldn’t deal with the results of a presidential election. . Historians. Judges. Scientists. Professors. College presidents and administrators. Performing artists. Intelligence community professionals. Judges. Journ–well, no, that one wasn’t a surprise.

My own profession, legal ethicists, booked a seat on the ethics train wreck, a development that was profoundly disappointing. Wrote one member of the profession who has remained clear -eyed while keeping his integrity, Steve Lubet in Slate,  “As a liberal Democrat, I have no sympathy for Conway’s habitual disregard for truth. As a professor of legal ethics, however, I think this complaint is dangerously misguided and has the potential to set a terrible precedent…The professors no doubt have faith in the professionalism of the District of Columbia Office of Disciplinary Counsel, but the bar authorities in other states may not always be reliably even-handed or apolitical. It is hardly inconceivable that lawyer discipline might somewhere be used as a weapon against disfavored or minority candidates, or as a means to squelch protest movements and insurgent campaigns. In the 1940s and 1950s, suspected Communists and alleged “fellow travelers” found their law licenses in jeopardy in many states. In the 1960s and 1970s, civil rights lawyers were hauled before the bar authorities in the South. The complaint against Conway is an unfortunate step back in the direction of using lawyer discipline against political enemies….”

Bingo.

Now “America’s dictionary,” Merriam-Webster, has decided that it is within its mission and purview to attack and mock the President of the United States..

Almost immediately after his election, the dictionary’s editors began trolling Trump and his administration, defined, by Merriam-Webster, as “to antagonize (others) online by deliberately posting inflammatory, irrelevant or offensive comments or other disruptive content.”

The website Acculturated has observed that on social media and its website Merriam-Webster has ridiculed the President  “for his every spelling mistake, grammatical error, and verbal gaffe. In honor of the election, they changed their header photo to a picture of a German word defined as the “collapse of a society or regime marked by catastrophic violence and disorder.” Then they highlighted what they claimed was the word most frequently looked-up, “fascism.” On Inauguration Day, they tweeted “Welp,” a word that conveys dismay or disappointment. The company also derided Betsy DeVos, Sean Spicer, Steve Bannon, and, of course, Kellyanne Conway.

This, needless to say, is not their job, their mission, or responsible professional conduct. It is, as it is for the other derailed professionals, smug virtue signalling and tribalism. Acculturated again:

[T]he dictionary’s editors are clearly partisan. They didn’t harass Hillary Clinton, and they don’t needle sports stars, celebrities, or, well . . . anyone else like they needle the President and his people.Theoretically, even that could be okay—a good, playful, occasional joke from the dictionary could have the whole country laughing. But if you mock one person too often, you start to reveal a pattern. If that pattern persists, the fun and games lose their light-hearted feel, and begin to betray bias instead.

Ya think???

Continue reading →

Comment Of The Day: “Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just …Wow.”

/ Jack Marshall / 32 Comments

Spartan (“Sparty” to her friends) is a D.C. area lawyer  and professional woman, was well as the mother of girls. Thus her observations on the travails of women in the Halls of Power have special interest.

Here is Spartan’s “Comment of the Day” on post,  Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow:

I am going to criticize Ms. Conway for a minute, and I hope you all bear with me.

I am a career woman and, in fact, am the breadwinner for my family. Jack’s sister and I probably could exchange endless stories about the challenges of being a successful white collar female. I accept this as a fact in my life and recognize that I am held to a different standard without being bitter or loud about it. I did not wear red and stay home today despite the protest. In fact, I was supposed to be out of the office for meetings all day but deliberately came into the office so there would not be a presumption that I was taking part. I do not wear low cut dresses or stiletto heels. I do not sleep around the office — and never have. Continue reading →

Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow.

/ Jack Marshall / 49 Comments

Great apology there, Cedric. Ugh.

Why do I think this story is a big deal? I think it’s a big deal because it exposes–

…the white-hot hatred of Republicans by so much of the Left, on the level we have seen with Sarah Palin being attacked for running for office while being a mother, and Martin Bashir on MSNBC wishing that someone would defecate in her mouth, to the extent that they are literally willing to abandon and reject their own alleged core principles…

…calling into question whether they even are core principles, rather than calculated pandering to receptive groups, and thus..

…raising the specter of epic hypocrisy, which is a lack of integrity and honesty.

Then there is this: I have a brilliant younger sister. She is a lawyer, a litigator, a singer, and actress, the hardest working person I know, and someone who has always been able to match or surpass me in every field. Yet I have watched as her achievements have occurred in the teeth of a stiff wind of sexist bias, often making her unhappy, angry, resentful and stressed when she deserved so much better. Growing up with her, it never occurred to me that this kind of prejudice existed until I was the captain of the high school chess team, and saw how the other teams’ players—all male: our team had the only female players (3) in the Greater Boston chess league— were openly contemptuous that a “girl” would presume to challenge them. It was great: my sister slaughtered them. She is a merciless chess player, a killer, and didn’t merely beat her male opponents but humiliated them. She had the best record on the team. Yes, gender bias is personal with me. I hate it.

To briefly recap: Cedric Richmond, an African American  Democratic Congressman, leeringly implied, as a speaker at an event, that KellyAnne Conway’s posture in a photo taken in the Oval Office, “really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.” It was a reference to fellatio, and the old, old slur against successful women that they “suck their way to the top.” This was obvious and blatant, and yet when conservatives and Republicans–and only conservatives and Republicans—protested, Richmond, incredibly, denied that his comments had any offensive content or intent. He is a liar.

Then, in the wake of  stunning silence of any leader of the Democratic Party, major feminist, major news organizations and liberal pundits, CNN’s Jake Tapper pressed Rep. Richmond’s leader in the House, Nancy Pelosi, to condemn his remarks. She refused, and also lied. One prominent Democrat without portfolio or post, Chelsea Clinton, did condemn that “joke,” which hardly salvages the party’s integrity and honor. Her mother? Madeleine Albright? Elizabeth Warren? Donna Brazile? Michelle Obama? Senator Gillibrand? Maureen Dowd? Rachel Maddow? Anyone? Hello? Bueller?

Crickets. Yet it was undeniable, as one pundit noted, that a Republican who made such a comment about Valerie Jarret would have been “run out of town.” Wrote The Federalist’s Bethany Mandel yesterday,

This “on her knees” comment from a sitting Democratic lawmaker was largely ignored by the liberal media and those who consume it. This comment is just one of many recent incidents of sexism aimed in Conway’s direction, justified because she’s a traitor to her gender, as many feminists have claimed; a female Uncle Tom. Instead of being applauded for her groundbreaking work as a campaign manager on the biggest upset political campaign in American history, Conway is fodder for attacks on her looks and sexuality, often at the hands of individuals who claim to be feminists.Our president may have a history of misogyny, but it’s becoming increasingly clear many of those in the resistance against him are merely fair-weather feminists: happy to wage or at best ignore attacks on women based on their sex because they think it’s fair to attack the president at any cost.

Bingo.

Now comes the next chapter, as those who have exposed their deep hate and corrupting hypocrisy try to worm their way back into the public trust. Continue reading →

Comment of the Day: “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”

/ Jack Marshall / 17 Comments

1984, Washington State, USA --- A fierce bear growls and bares its teeth. | Location: Washington, USA. --- Image by © Michael T. Sedam/CORBIS

Glenn Logan undertook the herculean task of reading and critiquing one of the New Yorker’s endless partisan essays, this one by Ryan Lizza, who has foun himself in the Ethics Alarms bomb-sights before. It’s a masterful job by Glenn, and nicely dissects a persistent and contrived Democratic excuse for Hillary Clinton blowing the election, thus triggering one of the most amazing instances of self impeachment—by her party and supporters–in world political history.

Here is Glenn’s Comment of the Day on the post, “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”:

I read the article, which confirmed my suspicions of almost everything coming from The New Yorker and similar left-leaning news sources — that they accept the idea, as yet still both unproven and highly suspicious, that the Russians were working to get Trump elected.

This is exactly where bias always leads; once you have evidence of a conclusion you want to reach, you stop looking for other possible explanations.

There is no real information in this article worth knowing. It tells us Democratic senators are all wound up about possible Russian interference in the election, but we knew that. It mentions every Democrat’s favorite Republican — John McCain — and tries very hard to lead us to believe that all the Democrats’ worst fears about Russia and Trump are not just true, but being hidden, apparently by both the Obama and Trump administration, although for different reasons.

In other words, this article is a conspiracy theory. It offers nothing new, no penetrating analysis or new revelations. It describes, in very long and unnecessarily complex style meant to appeal to “intellectuals,” Putin and Russia as using a hacking strategy as a prong in geopolitical disinformation campaigns, and using Obama’s own feckless foreign policy to annex Crimea and generate a plebiscite so fast that American leadership’s heads were still spinning in the opposite direction.

But this is exactly what I would be doing in Russia’s place if I were a despot like Putin. They are opponents, and are trying to weaken our country just as we tried for years under Reagan to weaken them. If you want to shape the world, and Putin clearly does, you use information to shape perception so that when you do use force, it won’t be universally condemned. Continue reading →

Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces

/ Jack Marshall / 37 Comments

dunces2

Everyone—almost literally everyone— involved in the Jeff Sessions flap has beclowned themselves and revealed that a gerbil running around in a wheel is powering their ethics alarms.

These include such previously noted Ethics Dunces as..

  • Attorney General Jeff Sessions, who couldn’t or wouldn’t answer a simple question clearly….
  • Democrats, who continue to act like spoiled siblings trying anything to make mommie get mad at the one she likes best, embracing conspiracy theories, smearing former colleagues, and generally morphing into walking, talking rectums before America’s eyes, to appeal to their deplorable hard core base made up of people who completed that mutation long ago…
  • Senator Chuck Schumer, displaying a partisan double standard so blindingly, throbbingly obvious than anyone can identify it….
  • Senator Claire McCaskill, engaging in perhaps the best timed hypocrisy and inexplicable amnesia of all time….
  • Deranged Trump-haters, determined to expose their legal ignorance to the world, who proclaimed Sessions guilty of perjury, when he obviously was not…
  • Every reporter, editor and news source who rushed into the trap of declaring that having contact with the Russian ambassador justifies  being “linked’ to Russia, when any dolt should have known that by that formula, anyone in Washington could be “linked” to Russia or be accused of having “Russian ties.”

But wait!

There’s more!

Now we have… Continue reading →

Ethics Observations On The AG Sessions-Russian Ambassador Controversy

/ Jack Marshall / 63 Comments

sessions-3

To bring you up to date—from the Times yesterday:

“…[N]ew questions were raised about Attorney General Jeff Sessions’s ties to the Russians. According to a former senior American official, he met with the Russian ambassador, Sergey I. Kislyak, twice in the past year. The details of the meetings were not clear, but the contact appeared to contradict testimony Mr. Sessions provided Congress during his confirmation hearing in January when he said he “did not have communications with the Russians.”

“I have no idea what this allegation is about,” he said. “It is false.”

Sean Spicer, the Trump White House spokesman, said, “The only new piece of information that has come to light is that political appointees in the Obama administration have sought to create a false narrative to make an excuse for their own defeat in the election.” He added, “There continues to be no there, there.”

…On Wednesday, a Justice Department official confirmed that Mr. Sessions had two conversations with Ambassador Kislyak last year, when he was still a senator, despite testifying at his Jan. 10 confirmation hearing that he had no contact with the Russians. At that hearing, Mr. Sessions was asked what he would do if it turned out to be true that anyone affiliated with the Trump team had communicated with the Russian government in the course of the campaign. He said he was “not aware of any of those activities.”

“I have been called a surrogate at a time or two in that campaign and I didn’t have — did not have communications with the Russians, and I’m unable to comment on it,” Mr. Sessions said at the time.

However, Justice officials acknowledged that Mr. Sessions had spoken with Mr. Kislyak twice: once, among a group of ambassadors who approached him at a Heritage Foundation event during the Republican National Convention in Cleveland in July and, separately, in an office meeting on Sept. 8. The contacts were first reported by The Washington Post.

From today’s Times:

Attorney General Jeff Sessions, facing a storm of criticism over newly disclosed contacts with the Russian ambassador to the United States, recused himself on Thursday from any investigation into charges that Russia meddled in the 2016 presidential election…Many top Democrats demanded Mr. Sessions’s resignation, and a growing number of Republicans declared that he should not take part in any investigation into the case, given his own still largely unexplained role in it.

But Mr. Trump stoutly defended Mr. Sessions, one of his few early champions on Capitol Hill. “He could have stated his response more accurately, but it was clearly not intentional,” he said in a statement, which accused Democrats of engaging in “a total witch hunt.”

…Mr. Sessions insisted there was nothing nefarious about his two meetings with the Russian ambassador, Sergey I. Kislyak, even though he did not disclose them to the Senate during his confirmation hearing and they occurred during the heat of the race between Hillary Clinton, the Democratic nominee, and Mr. Trump, whom Mr. Sessions was advising on national security….

In his account on Thursday of the more substantive meeting, which took place in his Senate office on Sept. 8, Mr. Sessions described Mr. Kislyak as one of a parade of envoys who seek out lawmakers like him to glean information about American policies and promote the agendas of their governments.

“Somehow, the subject of Ukraine came up,” Mr. Sessions said, recalling that the meeting grew testy after the ambassador defended Russia’s conduct toward its neighbor and heaped blame on everybody else. “I thought he was pretty much of an old-style, Soviet-type ambassador,” Mr. Sessions said, noting that he declined a lunch invitation from Mr. Kislyak.

Mr. Sessions’s decision to recuse himself was one of his first public acts as attorney general. He said he made the decision after consulting with Justice Department officials, and he denied misleading Senator Al Franken, Democrat of Minnesota, when he said in his confirmation hearing that he had not met with Russian officials about the Trump campaign.

“In retrospect,” Mr. Sessions told reporters, “I should have slowed down and said, ‘But I did meet one Russian official a couple of times, and that would be the ambassador.’ ”

Observations:

Continue reading →

From The “A Nation Of Assholes” Files: Misogyny Against Republican Women Is Justified…And Funny! [UPDATED]

/ Jack Marshall / 72 Comments
Stay classy, Congressman!

Stay classy, Congressman!

Rep. Cedric Richmond (D-LA) was speaking at the Washington Press Club Foundation dinner, and made the following “joke”  about  the photo of Presidential  adviser Kellyanne Conway  kneeling on an Oval Office couch in order to take a photo of President Trump with the heads of  the nation’s black colleges:

Directing his remarks to  Republican Sen. Tim Scott, who was at the White House event and, speaking before Richmond,  had previously alluded to the  (stupid, but typical of the manufactured Trump “scandals” of late) controversy over Conway being too casual, or something, by kneeling on the Oval Office sofa by noting that “a whole lot worse” had occurred on that sofa when Clinton was in office, Richmond  snickered, 

“I really just want to know what was going on there, because, you know, I won’t tell anybody. And you can just explain to me that circumstance — because she really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.”

HAHAHAHA! That’s denigrating  innuendo, clear as the prairie skies, suggesting that Conway, because she is a woman, routinely engages in fellatio.  It’s a powerful male slut-shaming  a professional woman, because Richmond doesn’t like her boss, so she deserves it. The “but don’t answer” makes the statement’s intent clear. This was as obviously an ugly, sexist, misogynist remark as Candidate Trump’s infamous, “You could see there was blood coming out of her eyes, blood coming out of her wherever” in reference to Fox anchor Megyn Kelly. It is another example of the rampant Asshole Virus that has infected, perhaps fatally, the Democratic party,  its leaders, and its allies.

More proof of the scope of the epidemic is that no feminist activists, nor Elizabeth Warren, Nancy Pelosi, Kamala Harris or any  prominent progressive women, reacted by condemning Richmond—but then he’s a black Democrat, so nobody on the Left will hold him accountable. That’s how they roll, now. It isn’t what you do, it’s who does it.

The Washington Post, which last year meticulously set out to demonstrate that Trump’s ridiculous contention that by “wherever” he meant Kelly’s nose (it was a menstrual joke), naturally glosses over what Richmond said,  noting,

“But it seemed to some in the audience that he was making a reference to a sexual act.”

Oh did it? My, what dirty minds some have! It seemed to everyone but dim bulbs and those trying to cover for the smug, partyist, sexist pig (Ah, but a Democratic  smug, partyist sexist pig!) that he was alluding to blow-jobs, because of course women with influence and power in a Republican administration could only acquire them by submitting to male dominance  by servicing their baser needs.  The Post (and its female reporter) disgraces and exposes itself by pretending Richmond could have meant  anything else.  Then it offers Richmond’s mind-meltingly dishonest explanation without providing  a rebuttal or even a metaphorical arched eyebrow. Continue reading →

Ethics Hero: Rep. Stephen Lynch (D-Mass.)

/ Jack Marshall / 15 Comments

lynch7

 

I am obligated to name as an Ethics Hero any Democratic official  who is principled enough to try to lead his party, its supporters and the complicit mainstream news media away from their current dangerous and destructive scorched earth efforts to destroy the President of the United States.

Ethics Alarms has been calling for responsible leadership in this matter since November 9th, to no avail. President Obama is backing “the resistance,” behaving unlike any previous  ex-President since John Tyler joined the Confederacy. Hillary still has her own confederates calling for preemptive impeachment. The new Vice-Chair of the DNC claims that President Trump can and should be impeached immediately.  The new Chair thinks it fair and honest to call Trump “the worst President” in history after a single month in office, and issues outright lies like claiming the President wants to eliminate overtime pay. (Come back, Debbie! All is forgiven!) Schumer and Pelosi look the other way, or gently applaud, their most outrageous and uncivil colleagues. Senator Warren reads a decades old letter to call a Senate colleague a racist, and becomes a feminist martyr through some twisted logic.

In this vacuum of integrity, statesmanship, decency, fairness and responsibility, even an obscure House Democrats stands out for just meeting minimal standards of fairness and rationality.

Moreover, this obscure House member is from Blue on Blue Massachusetts, where presumably he risks partisan fury for not following the “Trump is Nazi Satan Hellbeast and Must be Detroyed By Fire! ARGHHHHHH! “ narrative.  Congressman Stephen Lynch didn’t exactly celebrate the President’s recent address, he was just open-minded, thoughtful, and responsible—you know, unlike everything else we have heard from his party and colleagues. He said in part,

“I think his words were a significant shift from his previous, sometimes inflammatory rhetoric. I thought he was much more conciliatory.He urged us at one part to get past the trivial differences and work together. That’s not been his mode of operating, at least up until this point.”

Lynch went on to say that he remains skeptical of the President’s agenda and ability to achieve it, and that is fine. He’s a Democrat. He should feel that way.

“We’ll just have to wait and see if his actions are similar to the speech last night, or more akin to what we’ve seen thus far,” Lynch said.

Fair enough. Continue reading →