Three Republican Candidates: Gaffes, Disqualifications, Or Something Else?

shooting-yourself-in-the-footI felt badly about piling up three posts recently on unethical female Democrats running for office, and was inspired by the Washington Post’s Greg Sargent to do some analysis of Republican candidates who, at least according to Sargent, deserve equivalent criticism to what has been leveled at Alison Lundergan Grimes for refusing to say whether she voted for President Obama. [She did it again last night in her debate with Sen. McConnell.]

Sometimes finding Republican candidates who deserve an Ethics Alarms slap is hard, unless they say something bat wacky like, say, Richard Mourdock. If a Democrat is flagged by The Daily Beast or the Post, I can be pretty sure there was something said or done that was objectively troubling, because the mainstream media will bury anything from a Democrat that is vaguely defensible. A Republican, however, might be accused of certified insanity for a statement that offends progressive cant. Fox and many of the right wing websites, meanwhile, will ignore any Republican whose pronouncements don’t rise to “I am the Lizard Queen!” level of derangement, and will find fault with Democratic candidates on dubious grounds. Here are the GOP candidates for today’s ethics audit: Joni Ernst (U.S. Senate in Iowa); Tom Cotton (U.S. Senate in Arkansas); and Greg Abbott  (Texas Governor race): Continue reading

Ethics Dunce: Republican Governors Association…And An Integrity Test For Chris Christie

This ugly beast keeps raising its head out of the muck, and it is the duty of every citizen, Republican or Democrat, who believes in justice and due process under law to beat it back with heavy clubs.

The Republican Governors Association is defending one of its own, South Carolina Gov. Nikki Haley, with a series of ads attacking state Sen. Vincent Sheheen, an attorney who is her Democratic opposition in the gubernatorial race. The message of the ad, as summarized by  a voice-over, is that “Sheheen defended violent criminals who abused women and went to work setting them free.”

False. Continue reading

Gotcha, NPR! Liberal Bigotry About Bigotry Exposed

"Wah, my conSTITuants in the great Southan state of Mawntana just don't wanna see any coloreds get away with shootin' owa  law enforcement officahs, that's all!"

“Wah, my conSTITuants in the great Southan state of Mawntana just don’t wanna see any coloreds get away with shootin’ owa law enforcement officahs, that’s all!”

One progressive lie I hear and read repeatedly from Democrats and their news media lackeys is that the Supreme Court “gutted” the Votingl Rights Act of 1965 by decreeing that it was unconstitutional for the Justice Department to use decades old data to presume racial bias in legislative measures and policies adopted by Southern states. This was holding in the case of Shelby v. Holder. The Court justly ruled that Congress had to develop current, accurate criteria. Progressives and the Obama Administration screamed and are still screaming, because pretending it was still Jim Crow, Bull Connor and Mississippi burning in the South gave the federal government a way to over-ride legitimate and non-racist laws (like voter ID requirements), based on bias: if it’s a southern state, it must be racist.

Yesterday, National Public Radio inadvertently demonstrated how this bias operates. I have already written about what is wrong with conservative opposition to Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. Essentially, he is being condemned for trying to protect an individual’s civil rights. But the police unions are determined to punish him because that particular individual was a cop killer, and our law enforcement officials don’t think such people have rights. They are wrong, Adegbile was right.

This is not truly a racial issue, but because Adegbile is black, because he worked for the NAACP, because the cop killer is black, because Obama is black and because Democrats have spent the Obama years making everything about race to serve their cynical political needs,  the controversy has been reported as a racial justice issue. It is really a stupidity issue, as I pointed out in my earlier post. It is stupid, ignorant and destructive to treat criminal lawyers as if they support the crimes of their clients.

The police lobby was strong enough, sadly, to defeat Adegbile’s nomination in the Senate, as sufficient Democrats from conservative states decided to cater to ignorance as enthusiastically as their Republican colleagues. Here are the Democratic Senators who voted “nay”:

Chris Coons (Del.)
Bob Casey (Pa.)
Mark Pryor (Ark.)
Heidi Heitkamp (N.D.)
Joe Manchin (W.V.)
Joe Donnelly (Ind.) 
John Walsh (Mont.)

Plus Harry Reid (Nev.), who switched his vote for tactical purposes.

Here is how NPR described them on NPR’s Morning Edition :

“A handful of southern Democrats joined Republicans yesterday to defeat president Obama’s choice to head the Justice Department’s civil rights division.” Continue reading

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading

Encore: “The Ethics of Letting a Lying Defendant Testify”

"Objection! The defendant's pants are clearly on fire!"

“Objection! The defendant’s pants are clearly on fire!”

I’m in Ohio today, talking about legal ethics with a large law firm, and the discussion there turned to the difficult problem of the lying criminal client. Here is a post on the topic from the early days of Ethics Alarms, slightly updated, and the disturbing thing is that we are no closer to finding a satisfactory and ethical solution to the problem.

What do you do when your guilty client wants to claim he’s innocent in the witness chair, under oath? Continue reading

Yes, The Best Criminal Defense Lawyers Represent The Worst People. Or You.

When your life is at stake and you need help, don't screw around.

When your life is at stake and you need help, don’t screw around.

The degree to which the average American, even the average educated American, even the average educated and rational American, is ignorant about the ethical mandates and structure of the legal profession and the justice system is by turns shocking, depressing, and frightening. The consequences of this ignorance, for which the legal profession itself is largely to blame, bursts forth in all their ugly splendor after the acquittal of a Casey Anthony or, even more disturbingly, a George Zimmerman. Well meaning members of the public, who are nicely represented in this Ethics Alarms thread, think they are declaring their support for justice when they advocate cutting through all the troublesome bureaucracy and making sure what “everyone knows” is the correct result happens, and process be damned. Just do the right thing! How hard can that be?  This blogger, for example, has it all figured out. Leave it to him and people of a like mind, and we’ll have a police state in no time. Continue reading

A Side Benefit of the I.R.S. Scandal: Self-Identification By Dishonest Partisan Hacks

You know better, Gov.

You know better, Governor.

I mentioned this once already, but it bears repeating: any spinner, excuser, minimizer or defender of the I.R.S. scandal who uses the “it was a Bush appointee” talking point has insulted your intelligence or impugned his own, as well as marked himself or herself as an untrustworthy hack. I’m taking names and making lists myself now, and it’s growing by the hour.

Yesterday I added Pennsylvania Governor Ed Rendell, whom I once believed had some integrity, and Donna Brazile. Today Richard Cohen, among others, joined the list. It really is shocking, and it’s increasingly more difficult to shock me. It is also ominous. Things we haven’t yet learned must really be ugly for such a transparently desperate excuse to be trotted out so early by people who almost certainly know what garbage it is.

Yesterday I heard Rendell literally drive Joe DiGenova, the former Attorney General, to apoplexy—Joe’s eyes were popping out of his head and I though he was going to fall over to the floor foaming at the mouth— by stating repeatedly that the I.R.S. fiasco “couldn’t be a conspiracy because a Bush appointee was in charge.” This is either unbelievably ignorant or despicably dishonest, and I suspect the latter. As I wrote in a previous post, Continue reading

ARRGH! “The Good Wife” Did It AGAIN!

For God’s sake, Will! A) You just got off one suspension for unethical conduct—what are you DOING? B) They had to have taught you better than this at Georgetown Law!

“It” is misleading Americans who may be in litigation requiring settlement and who don’t know that lawyers cannot, must not and largely do not agree to financial settlement terms without getting the approval of their clients. I have dubbed this “The Hollywood Lawyer Fallacy,” and Will (Josh Charles) just did it again.

I know—every lawyer TV drama skips this part, as does virtually every movie about lawyers. Yes, I know it is done for pacing and dramatic purposes, that having a scene where the lawyers asks her client, “They’ve offered this amount, and I think we should take it, OK?” and the client says, “Sounds great!” just slows things down. But here is what repeatedly watching this inaccurate portrayal of  lawyers breaking one of the cardinal rules of the profession does: it sets up clients of incompetent lawyers to be misled, manipulated, and cheated. As I wrote the last time the otherwise ethically astute CBS drama did this while I was watching:  Continue reading

The Part of Legal Ethics The Public Will Never, Ever Understand

Sen. Brown has the pulse of the public on this issue, and like the public, he’s ignorant.

Especially since politicians like Scott Brown keep making sure that they misunderstand.

In this week’s Massachusetts Senate debate between Sen. Scott Brown and Democratic challenger Elizabeth Warren, Brown slammed the anti-corporate crusader, the self-styled intellectual catalyst for the Occupy Movement, for accepting $250,000 from the Travelers insurance company to help the company deny claims for asbestos poisoning. He said:

“You chose to side with one of the biggest corporations in the United States: Travelers Insurance. When you worked to prohibit people who got asbestos poisoning, and I hope all the asbestos union workers are watching right now. She denied, she helped Travelers deny those benefits for asbestos poisoning, made over $250,000 in an effort to protect big corporations….”

Brown is accurately stating the way most people look at lawyers and what they do. But he is absolutely mistaken. His characterization of what Warren did is incorrect, and his inference of hypocrisy is unfair.  It is all the worse because he is a lawyer himself. If Senator Brown, as a lawyer, doesn’t understand what’s wrong with his accusation, he should. If he does know, then he is undercutting his own profession for political gain. [NOTE: The original version of the post incorrectly stated that Brown was not a lawyer. My thanks to Mass lawyer James Flood III for flagging the error.] Continue reading

Criminal Defense Ethics: The Aneurysm-Inducing Argument

Darrow would understand.

Apoplectic stand-up comic Louis Black has a classic routine in which he describes how a snippet of a conversation he over-heard at an IHOP nearly killed him. The statement, “If it hadn’t been for that horse, I never would have spent that year in college,” made no sense to him at all and kept going around and around in his brain, threatening to cause a fatal aneurysm.

I know exactly how he feels.

A week ago, I read a news account of the election fraud trial of one Julius Henson, a former campaign consultant to ex-Maryland Governor Robert Ehrlich. This was the second trial arising out Ehrlich’s dirty and unsuccessful campaign in 2010 to win re-election over Democrat Martin O’Malley. In the first one, Ehrlich’s campaign manager, Peter Schurick, was convicted of election fraud for approving an election day robocall that went out to African-Americans in Maryland who were registered Democrats, suggesting that they “relax” and stay home, because O’Malley had already won. In the article, it said that Henson’s attorney had offered the defense that the call, which was created by Henson with his wife’s voice on the recording, was not designed to suppress the black vote for O’Malley. It was, argued Edward Smith, intended to prompt them to go to the polls and vote for Erhlich through the use of “reverse psychology.”

WHAT??? Continue reading