9-11

Now THIS Really IS a Frivolous Lawsuit…

/ Jack Marshall / 12 Comments

I have written here before that the legal ethics breach of filing a frivolous lawsuit (prohibited by Rule 3.1 in most state Rules of Professional Conduct) is almost impossible to accomplish, because it requires a lawyer to lack a good faith belief that the suit can prevail. Since bizarre and attenuated theories sometime do prevail, a law suit really has show no merit at all to prompt sanctions. Like this one, for instance. I quote from the Illinois Institute of Continuing Education’s summary:

“The United States Court of Appeals for the Second Circuit, acting sua sponte, found that the appeal filed by three attorneys in Gallop v. Cheney…, claiming that White House and military officials conspired to cover up government involvement in the 9/11 terrorist attacks was frivolous in that it was “brought without the slightest chance of success>’…The court found that the appeal contained a “comprehensive compilation of every rumor, report, statement, and anecdote that may reveal an inconsistency or omission” in official reports….The court stated that the misconduct was compounded by the filing of a motion to recuse the entire panel that was “peppered with disdainful and unsubstantiated conclusions about the panel members’ emotional stability and competence to serve objectively.” The motion accused the judges of having “severe bias, based in active personal emotions arising from the 9/11 attack . . . leading to a categorical prejudgment totally rejecting [Gallop’s] Complaint, out of hand and with palpable animus.”

“The court found the three attorneys jointly and severally liable for $15,000 in fines and ordered them to pay double the government’s costs for both the frivolous appeal and the recusal motion. The court also ruled that whenever one of the attorneys appears before any tribunal in the Second Circuit within the next year, he must alert the court to the sanctions.

“The court declined to sanction the appellant herself because she relied heavily on her lawyers and did not labor under the same legal and ethical obligations to the court as her attorneys.” 

Yup!!!!

 

The case is Gallop v. Cheney, 642 F.3d 364, 370 (2d Cir. 2011)

 

The 9-11 Photo And A Columnist’s Character

/ Jack Marshall / 8 Comments

One thing I have learned about personal ethics: they are imposible to hide. Ethical individuals eventually show their values in grand style, and those without ethics, or whose ethical values are corroded, frayed and rotting, show their true colors as well. Thus it was no surprise to me when Frank Rich, once one of America’s most unfair drama critics who turned into one of the media’s most vicious opinion columnists, exposed the content of his character in grand style with a New York Time column last month about 9-11. Continue reading →

The Offensive Battle Over “Seven in Heaven Way”

/ Jack Marshall / 113 Comments

"There goes Fred, getting all religious again...."

With some hesitation, I must re-open the issue of officious inter-meddlers and grievance-mongerers who get satisfaction and empowerment from claiming to be offended by things that could not possibly harm them or genuinely infringe on their rights. The atheists are at it again.

My position has been stated here and elsewhere many times: in the absence of genuine long or short term harm, the ethical human response to a symbolic grievance is to keep one’s response proportional to the offense, which sometimes means considering how many individuals will be made miserable in order to satisfy one individual or a small group, and letting it go. Forcing a university to change the long-standing name of its football team based on a dubious argument that the name is an offense to Native Americans when most Native Americans couldn’t care less, for example, is wrong. Forcing a school to stop teaching kindergarteners to sing “Rudolf the Red-nosed Reindeer” because a Jewish parent thinks the song promotes Christianity is wrong.

Now a group of New York City atheists is demanding that their city re-name a street that was dedicated to the memory of seven firefighters killed in the Sept. 11, 2001, terrorist attacks.  Continue reading →

Comment of the Day: “The Jaundiced Eye of Noam Chomsky”

/ Jack Marshall / Leave a comment

You can find the original post here, and under it, my response to this comment by reader Trafford Gazsik. I’d say that Christopher Hitchens’ rebuttal to Chomsky, linked in the post, and my post about the ethics of bin Laden’s execution address the issues raised, make up your own mind.

“I like Chomsky and as a non-American, I can assure you that rather than filling my head with anti-American sentiments, his writings have reassured me that America remains a country populated with mostly decent people and that the world at large should not give up on the place just yet.

“I’m interested to know which part of Chomsky’s analysis you do not agree with:

– Do you disagree with the assertion that the Bin Laden ‘takedown’ was an assassination?

– Do you reject the assertion that the assassination took place within the territory of another sovereign state without the knowledge or permission of the government of that state, in clear contravention of international law and customs?

– Do you deny that Bin Laden had not been tried in any court, and was for legal purposes, an innocent civilian of Non-US nationality residing in Non-US territory? Continue reading →

The Jaundiced Eye of Noam Chomsky

/ Jack Marshall / 23 Comments

I’ve been enduring, teeth gritted, the America-hating propaganda of Noam Chomsky since my college days. He is a brilliant linguistics professor who has credibility as a social critic only because his world view—briefly put, that the United States is evil, and anything that indicates otherwise is the result of a conspiracy–has been so supportive of and nurturing to the extreme Left. It is hard to quantify how much harm he has done to this nation or how many potentially productive minds, foreign and domestic, that he has warped with his bile, but I am sure it is substantial on both counts.

We are fortunate, I guess, to have his assessment of Osama Bin Laden’s death, recently published and available for reading here. The piece is res ipsa loquitur that the man is so consumed with unreasoning hatred for his country that he cannot process the truth or think straight, but I know that plenty of Chomsky followers will be cheering. Thus I am grateful that Christopher Hitchens has authored an admirable take-down of the professor, here.

The Pat-Down Rebellion: Government Arrogance and Abuse of Power, Meet American Culture

/ Jack Marshall / 9 Comments

We may be seeing a sterling example of the innate American resistance to intrusive and excessive authority, just when it looked as if many citizens were prepared to  accept reductions in their dignity, privacy and freedom that past generations would never have countenanced.

As usual, the fuse has been lit by a combination of incompetence, bad management, and arrogance. Since the tragedy of 9-11, airplane passengers have been remarkably passive and tolerant in accepting increasingly inconvenient and de-humanizing security procedures at airports. They have allowed political correctness to hold sway over fairness and logic, subjecting decrepit seniors,  ten-year-old girls and U.S. Senators to aggressive wanding rather than employing reasonable profiling techniques. They have allowed near-miss terrorist attacks caused by sloppy Homeland Security procedures and execution to be addressed by punishing the public with increasingly more intrusive search techniques. But when new procedures involving full-hand body searches were recently instituted without due warning, while the new full-body scanning devices were standing unused because of a shortage of trained personnel, anger, resistance and traditional American refusal to be pushed around finally made their appearance. Why, passengers are asking, must they be molested to compensate for intelligence failures? Where are reasonable alternatives? Why are we being treated this way? Continue reading →

9-11 Conspiracy Claims: The Hate Crime We Cannot Stop, But Must Not Tolerate

/ Jack Marshall / 35 Comments

The stated belief that the United States government murdered its own citizens and military personnel on September 11, 2001 is, if sincere, proof that an individual possesses intractable misconceptions, hatred and disrespect for America’s history, culture, and ideals. If the belief is not sincere, then the claim that the Bush administration orchestrated (or allowed) the Twin Towers and Pentagon attacks is an effort to harm our nation by destroying its reputation and honor, dragging it into the swamp of other nations to which murder and dictatorship are traditional. The First Amendment requires that we allow these individuals, be they deranged, sinister, irresponsible or merely stupid, to deny what makes the United States unique and slander its elected leaders, but it does not require that we accord them respect or tolerance. Continue reading →

Ethics Quiz: What Do the Gulf Oil Spill, Pearl Harbor, Bernie Madoff, 9-11,Tyler Colvin’s Chest Wound Have in Common?

/ Jack Marshall / Leave a comment

Answer: They all are the inevitable consequences of the human conduct known (on “Ethics Alarms,” at least) as the “Barn Door Fallacy”—the irresponsible and unethical tendency to allow a dangerous situation to persist until it actually causes catastrophic damage, thus giving the decision-makers sufficient support to spend the money or cause the systemic disruption necessary to address the problem, too late, of course, to save the victims of the catastrophe. They lock the barn door, but after the horse is gone, and perhaps has trampled someone to death while leaving.

Who is Tyler Colvin? He is a major league baseball player in the employ of the Chicago Cubs. His season, and almost his life, ended yesterday: Continue reading →

Ethics Alarms Presents “The Mosquies”…the Best and Worst of the “Ground Zero Mosque” Ethics Train Wreck

/ Jack Marshall / 14 Comments

As I previously noted, the “Ground Zero Mosque” controversy is an epic “ethics train wreck” that has spread its destruction far and wide, across regional, ideological and national borders, leaving confusion, misunderstanding and bad feelings in its wake. Now is as good a time as any to take stock of the situation, and to recognize those who have distinguished themselves during the carnage, for good or ill. To this end, Ethics Alarms presents its first annual  (and hopefully last ever) awards for outstanding ethical and unethical conduct during the whole mess, “The Mosquies.”

The envelope, please… Continue reading →

Thank You, Glenn Beck…

/ Jack Marshall / Leave a comment

…for manufacturing your own violation of The Second Niggardly Principle, clarifying what is wrong about the Ground Zero Mosque.

Beck has announced that he will hold a Tea Party rally at the Lincoln Memorial on Aug. 28, which just happens to be the anniversary of Martin Luther King’s iconic “I have a dream” speech, delivered at the same spot.

Does Beck have a right to hold his rally there?

Yes. Continue reading →