Alan Dershowitz

Why Do So Many Democrats and Progressives Think Punishing Americans For Their Opinions and Beliefs Is Ethical Conduct?

/ Jack Marshall / 31 Comments

On Martha’s Vineyard, food store proprietor named Krem Miskevich has told lawyer and Harvard Law prof Alan Dershowitz that he can’t buy his delicious pierogis because the liberal Democrat has periodically defended Donald Trump in various columns and bad people (like Jeffrey Epstein) in criminal cases. Dershowitz has previously complained bitterly about how his progressive neighbors on the picturesque Massachusetts island community have excluded him from the social life there because he is regarded as a traitor to the cause of knee-jerk wokism.

In addition to being an illiberal bully and an American devoid of core American values like pluralism and respect for free expression, Miskevich is an ignorant idiot who doesn’t comprehend the role of lawyers in a democracy. Lawyers do not endorse the conduct or values of the clients they represent. Let me repeat that for any Miskeviches who might be drooling out there: Lawyers do not endorse the conduct or values of the clients they represent. Lawyers do not endorse the conduct or values of the clients they represent. Clarence Darrow didn’t approve of the character and conduct of child-killers Leopold and Loeb. John Adams did not endorse the conduct of the British soldiers who did the shooting in the Boston Massacre. This is enshrined in the lawyers’ Rules of Professional Conduct. It makes it possible for the 6th Amendment rights to a fair trial and legal representation to exist. Alan Dershowitz understands this. The pierogi-maker, a self-righteous fool, does not.

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Oh! Now After Eight Years Of Accusing A Renowned Law Professor And Lawyer Of Sexual Assault, You Now Think You “May Have Been Mistaken!” Sure, OK!

/ Jack Marshall / 6 Comments

Wait, what?

Someone here has been very unethical, and probably criminal. I wonder who?

From the New York Times:

Virginia Giuffre, a victim of Jeffrey E. Epstein who for years maintained that the law professor Alan Dershowitz had sexually assaulted her when she was a teenager, settled a defamation lawsuit against Mr. Dershowitz on Tuesday and said that she might have “made a mistake” in accusing him.

In a joint statement announcing the settlement, Ms. Giuffre said, “I have long believed that I was trafficked by Jeffrey Epstein to Alan Dershowitz. However, I was very young at the time, it was a very stressful and traumatic environment, and Mr. Dershowitz has from the beginning consistently denied these allegations.

“I now recognize I may have made a mistake in identifying Mr. Dershowitz,” her statement said.

The joint statement announced the end of litigation between Ms. Giuffre and Mr. Dershowitz — who had also sued her — as well as of two other lawsuits between Mr. Dershowitz and the lawyer David Boies that stemmed from Ms. Giuffre’s accusation….

The terms of Ms. Giuffre’s deal with Mr. Dershowitz were not immediately clear on Tuesday, though the statement and the court filing said that no payments were made by any of the parties.

I don’t understand this at all. Is there any doubt that there is a lot, including a secret, back room agreement, that we are not being told about? My mind is still a bit foggy, so I can’t recall all of the movies I have seen where crucial witnesses in mysteries, crimes and conspiracies making almost the exact same statement Virginia Giuffre is quoted as making, recanting previous accusations and assertions they appeared to be absolutely certain of but suddenly had second thoughts after finding their dog hanging from a tree, or a horse head in their bed, or receiving a third party check for a lot of money. But boy, there are a lot of them. Continue reading →

Of Course Bishop Tutu Deserves Statues…Then Use The Same Standard To Get Our Toppled Statues Back Up

/ Jack Marshall / 11 Comments

Wow. Here I was expecting to be reading nasty post-mortems on the despicable Harry Reid before his corpse was cold, and instead a wave of negative punditry appeared about, of all people, revered Desmond Tutu, whose body is only slightly cooler. The controversy? Nobody doubts that he played a major role in ridding South Africa of apartheid. In 1984, he was awarded the Nobel Peace Prize (whatever that’s worth). However, as the Times of Israel sees it, “underneath the godlike humble appearance was an insidious anti-Semite and anti-Israel vein that throbbed and surfaced in writings, public speaking, and conversation.”

In the U.S., the opposition to honoring Tutu was joined by lawyer and Harvard law professor Alan Dershowitz, who told Fox News that by the standards the U.S. was now holding its metallic and rock honorees to, Tutu is unworthy. He said on the air,

The world is mourning Bishop Tutu, who just died the other day. Can I remind the world that although he did some good things, a lot of good things on apartheid, the man was a rampant anti-Semite and bigot?…When we’re tearing down statues of Jefferson and Lincoln and Washington, let’s not build statues to a deeply, deeply flawed man like Bishop Tutu. Let’s make sure that history remembers both the goods he did and the awful, awful bads that he did as well….He didn’t talk about the Israel lobby, he talked about the Jewish lobby. He minimized the suffering of Jews during the Holocaust. He said that getting killed in gas chambers was an easy death compared to apartheid. He said that Jews claimed a monopoly on the Holocaust. He demanded that Jews forgive the Nazis for killing them…[Tutu] encouraged others to have similar views and because he was so influential, he became the most influential anti-Semite of our time…The bottom line is that at a time when people are reckoning with the careers, of people with mixed legacies, whether it be Thomas Jefferson, Abraham Lincoln, George Washington, and others, we have to include in a reckoning of Tutu his evil, bigotry against Jews, which has existed for many, many, many years.

I don’t care to dispute the fairness or accuracy of the case that Tutu was an anti-Semite. His worshipers are already doing that; I note that Wikipedia, which, like every other information source today, just can’t play it straight, shaded its article about Tutu this week to note his support for the Palestinians while adding that he professed a “simultaneous belief in Israel’s right to exist.” (The two positions are impossible to hold “simultaneously.”) It doesn’t matter; for the purposes of the ethical analysis, I will accept that Tutu was as much of an anti-Semite as Dershowitz says. Continue reading →

A Rittenhouse Verdict Inventory Of Ethics Heroes, Dunces, Villains And Fools, Part I: Not Many Heroes

/ Jack Marshall / 7 Comments

We should condition ourselves to cherish those public events that lure so many into definitively exposing their character, values and acumen for all to see. The Jacob Blake shooting, the subsequent demonstration and rioting, and the Kyle Rittenhouse trial, all intertwined, constituted such opportunities.

There are very few organizations, publications and individuals who will leave the stage in this annoying act in The Great Stupid drama deserving the designation of Ethics Hero. Rittenhouse certainly doesn’t, and thus the misguided pundits, politicians and others calling him that are dolts. He might be called brave, but bravery without good judgment, skill and experience too often leads to disaster, as it did in this tragedy.

Among the easily identified heroes are, first by several laps, the jury. I thought it was possible that, like the Chauvin jury, the twelve citizens might yield to the unethical public pressure being placed on them and refuse to see the reasonable doubt that made a conviction of Rittenhouse unjust as a matter of law, once the non-felony charges were dismissed. They didn’t yield, and delivered the fair and correct verdict despite irresponsible statements by elected officials who should know better, a less than sterling performance by Rittenhouse’s defense, credible threats of rioting in their community if they refused to follow the Black Lives Matter/Antifa script, and legitimate concerns about their own safety. Continue reading →

Ethics Reflections And Questions On The Chauvin Verdict, Part 2

/ Jack Marshall / 7 Comments

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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“The Terrible, Horrible, No Good, Very Bad Impeachment” Becomes An Ethics Fiasco: Ten Observations

/ Jack Marshall / 31 Comments

johnson-impeachment

In this post, “Nancy And The Terrible, Horrible, No Good, Very Bad Impeachment “—could it really have just been 12 days ago?—I wrote in part,

Nancy Pelosi came right out and said that her objective in impeaching Trump this time was to stop him from running again. That’s not what the Founders designed impeachment for. She’s admitting that this Congress and her party regard impeachment as just one more political stunt, like ripping up the State of the Union message, boycotting the inauguration, or nominating Kamala Harris. Worse, unless the Senate agrees to rush through a trial the way Pelosi rushed through the impeachment, Trump will already be out of office and a private citizen before he can be convicted—which he wouldn’t be anyway. The Constitution speaks of impeachment and the Senate trial as a means of removing a President, not as a device to say “I hate you! Ooooh, I hate you to pieces!” to an ex-President.

Thus it’s a joke. The first impeachment was a dud. Trump hasn’t been embarrassed, but Congress and the news media have been embarrassed and exposed as fools.

Not that they hadn’t been exposed as fools already.

But “Wait!”—as they say on infomercials–“There’s more!” And it only gets worse:

1. Since the impeachment vote in the House, further investigation of the attack on the Capitol and its time-line has shown that many of the participants had planned to storm the building in advance, in fact had begun preparations before the President addressed the protesters, and had begun to take action while the President was speaking on January 6. Thus the House’s impeachment theory that the President had incited a riot by providing a lit match to an obvious powder-keg is unsustainable n the facts: the powder had already been lit. Nor do the facts support the argument that the President intended to spark a riot, since the words of his speech never suggested violence or alluded to it.

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40th Anniversary Ethics, 11/23/2020…

/ Jack Marshall / 33 Comments

That was the recording the lovely and brilliant Grace Bowen Marshall and I danced to at our wedding reception. An old fashioned tune, you say? Hell, it was old-fashioned then. After an uproarious party featuring the combined talents of my two performing groups, The Showstoppers and The Music Lobby, seasoned by my cherished friend Jay Silva’s saxophone rendition of “Zing! Went the Strings of My Heart.” I performed “Let a Woman in Your Life” (from “My Fair Lady”), and it was off to the historic Hay-Adams hotel (across from the White House) and from there to a cozy Civil War era inn near Charlottesville, where the charming host brought us breakfast in bed, and his cat and dog slept with us. As I said: cozy.

And thus began a great adventure that still has some twists and turns, battles, defeats and triumphs to reveal.

What a wonderful day.

1. Stay classy, Jenna!

Micropenis

You know, once upon a time a public utterance like this would be viewed as a breach of legal professionalism, if not an outright ethics violation. By the standards of past Trump lawyers like Michael Cohen, however, it seems positively quaint.

This kind of thing is why I caution lawyers to avoid Twitter.

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Waning Day Ethics, 9/17/2020: An Unscientific Endorsement, A Frivolous Lawsuit, And Misunderstood Bomb-Throwers

/ Jack Marshall / 19 Comments

1. Scientific American embarrasses itself. …like so, so many others. “Scientific American has never endorsed a presidential candidate in its 175-year history. This year we are compelled to do so. We do not do this lightly,” intone the magazine’s editors. Wrong. They are doing it to grandstand, and you can’t be more unserious than that. There is a reason SA hasn’t done this in 175 years—it’s a dumb thing to do. They don’t have any special expertise or perspective regarding national leadership, and scientific acumen is not a qualification for office. The alleged reason for the magazine’s endorsement of Joe Biden is its claim that the pandemic’s casualties would have been less had the President said and done things differently. This is total supposition, of course. “He was warned many times in January and February about the onrushing disease,” SA says, quoting juvenile anti-Trump source Axios. That’s odd, since those crack scientists in the CDC are on record as downplaying the seriousness of the virus, and even minimizing the need for masks.  More: “These lapses accelerated the spread of disease through the country—particularly in highly vulnerable communities that include people of color, where deaths climbed disproportionately to those in the rest of the population.” These people are scientists? The reasons for higher rates of infection among the poor and minority populations are many, and the interaction among them still undetermined. Lower levels of general health,  increased rates of illnesses like diabetes and conditions like obesity, more  crowded housing, a lack of the ability to stay at home—even a persistent rumor that blacks were immune have played a part, and nobody knows what measured would have changed anything.

“If almost everyone in the U.S. wore masks in public, it could save about 66,000 lives by the beginning of December, according to projections from the University of Washington School of Medicine.” Yeah, scientists have been doing really well with their projections in the pandemic, like the projections that 5% of the population would be infected. Since the research and pronouncements of scientists have been a) inconsistent and b) politicized from the start, it is disgraceful for Scientific American to pretend that any clear signals were being sent, or that there is any reason to believe another “projection, ” except as a useful way to attack the President. There is still  a strong argument that rejecting the scientists in favor of following the advice of economists would have placed the nation in a better situation.

The Scientific American endorsement is an example of the politicization of science, and explains why  scientists cannot be trusted. Continue reading →

If I Had Been Able To Swing A Full-Time Impeachment News And Commentary Blog, These Kind Of Things Would Have Been On It…

/ Jack Marshall / 24 Comments

I. In the House impeachment Report, Chairman Nadler really and truly says this:

“The question is not whether the President’s conduct could have resulted from permissible motives. It is whether the President’s real reasons, the ones in his mind at the time, were legitimate. Where the House discovers persuasive evidence of corrupt wrongdoing, it is entitled to rely upon that evidence to impeach.”

Such an attitude and approach is smoking gun evidence of a rogue process. The President, of course, has not been interviewed, questioned or cross examined. His “real reasons” can only be a matter of speculation, based on the confirmation biases of his prosecutors. In ethics, motives just confuse the issue, because all human actions have complex and interacting motives. In law, malum in re, that is, objectively bad intent, often defines a crime (such as murder), but a legal action does not become illegal because the actor has some wrongful intentions, just as an illegal action doesn’t become legal because the malefactor meant well. For leaders, those who deal in power, distinguishing between rightful and wrongful acts based on motives is particularly difficult, if not impossible.

I suppose Nadler should be praised for candor, but the state of mind of Trump’s inquisitors could not be less trustworthy or more irresponsible. They believe the President to be corrupt, thus they interpret conduct by him which literally any other President could have (and has) engaged in without criticism or condemnation (except on a policy prudence basis) as impeachable. This has been the presumption from the beginning of his Presidency. No leader can function properly in such an environment….which was the idea. Continue reading →

Ethics Quote Of The Day…Or Is It Just Icky?: Alan Dershowitz

/ Jack Marshall / 8 Comments

“I have had sex with one woman since the day I met Jeffrey Epstein. I challenge David Boies to say under oath that he’s only had sex with one woman … He has an enormous amount of chutzpah to attack me and challenge my perfect, perfect sex life during the relevant period of time.”

—-Alan Dershowitz on Fox News,  attacking super-lawyer David Boies, who is representing Virginia Roberts Giuffre, a woman who claims Dershowitz had sex with her while she was one of Jeffrey Epstein’s sex slaves. 

  • Too much information, Professor.
  • Has Dershowitz never heard of the Streisand Effect? His complaining about the accusation is publicizing it.
  • Decorum? Modesty? Restraint? Dignity? Privacy? Dershowitz is 80: he’s supposed to be in the generation hat still appreciates these things.
  • He had sex with one woman for almost two decades? It was nice of him to give her a break while he chatted with Laura Ingaham…
  • Ick.