By What Theory Is This Judge Qualified To Stay On The Bench?

How low can judicial standards of ethics go? In the 10th Circuit, apparently, pretty low.

U.S. District Court Judge Carlos Murguia of Kansas City, Kansas, is an appointee of President Bill Clinton. His sister is a judge on the San Francisco-based 9th U.S. Circuit Court of Appeals and was also appointed by Clinton.

According to the Tenth Circuit’s judicial council recent opinion following a judicial conduct investigation, Judge  Murguia gave “preferential treatment and unwanted attention to female employees of the judiciary in the form of sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact, much of which occurred after work hours and often late at night.” In other words, he is a serial sexual harasser. The harassed employees, the investigation found,  were reluctant to tell Murguia to stop his abuse because of his power as a federal judge.  One victim finally complained.  Murguia continued the harassing conduct anyway. Continue reading

Addendum And Correction To The Complaint Form Revision Discussion [Updated]

In Item #3 of this morning’s Warm-Up, I wrote, “The intelligence community quietly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings that had existed since May, 2018. The revised version of the whistleblower complaint form was not made public until after the transcript of the President’s July 25 phone call with the Ukrainian president Volodymyr Zelensky. It had eliminated the first-hand knowledge requirement, allowing government employees to file whistleblower complaints even if they lack direct knowledge of underlying evidence and only “heard about [wrongdoing] from others.”

I now know that this description was misleading and incorrect, because my source had confused a change in the reporting form, which it documented with screen shots, with a change in the whistleblower law, which had remained the same. This was explained in a twitter thread by Julian Sanchez, a senior fellow at the Cato Institute and a  technology and privacy expert. I will note that based on the Federalist’s screen shot above, one can understand their confusion.

Twitter is terrible format to make a substantive argument or explain anything, but I guess Sanchez doesn’t have a blog or a Facebook account, or something.  He writes that he contacted the site’s editor Mollie Hemingway and she didn’t correct the post.

[Notice of Correction: I had written here, erroneously, that the Federalist doesn’t allow comments. It does: I missed the tiny link at the bottom of the page. In fact, there are a lot of comments to that post. They are not helpful…]

I considered trying to put the following in coherent chronological order, but I’m just going to post Sanchez’s tweets as they appear on his feed: Continue reading

Saturday Ethics Run-Down, 7/20/2019: Perry Mason, Kamala Harris, And Home Runs-On-Demand

I’m calling it a run-down because I’m run down….

1. More “phantom document” ethics. Last moth I wrote about the ethically dubious “phantom document” tactic, in which a lawyer alludes to a document he or she either does not have, or suggests a document has content it does not in order to trick a witness into recanting testimony.

I just saw the Eighties made-for-TV movie “Perry Mason Returns” that rebooted the classic series (and not so well) for an aging Raymond Burr. The great defense lawyer comes out of retirement to defend old legal assistant Della Street (Barbara Hale), who has been accused of murder. In the trial’s climax, Perry’s investigator Paul Drake, Jr. (played by Hale’s real-life son, actor William Katt of “The Greatest American Hero” fame) bursts into the courtroom and hands Perry a document, which he then holds as he asks the witness (Richard Anderson, playing a different role than he played in the original series) he was in the midst of cross-examining, “Would you like to reconsider your testimony? Would you like me to read a sworn statement from Bobby Lynch, in which he says you hired him to kill Arthur Gordon?”

The witness confesses that he planned the murder that Della was being tried for, and framed her. Della goes free! Perry then tells Della that there was no sworn statement. “I didn’t say I had a sworn statement,” he chuckles, “I just asked if he wanted me to read one.” Continue reading

Acosta-Epstein Scandal Update: Acosta Resigns As Labor Secretary

The resignation is effective one week from today. Acosta’s deputy, Pat Pizzella, will become acting Secretary. In the Trump administration, acting secretary is a real growth position, since the appointments to the administration’s top jobs are so uniformly wretched. As with so many other disastrous appointments, Trump, or someone, should have seen this scandal coming before Acosta was nominated..

In confirming reports that he had stepped down, Alexander Acosta said, “I do not think it is right and fair for this administration’s labor department to have Epstein as the focus rather than the incredible economy that we have today.” He said that he called President Trump and “told him that I thought the right thing was to step aside. Because cabinet positions are temporary trusts. It would be selfish for me to stay in this position and continue talking about a case that’s twelve years old rather than about the amazing economy we have right now.”

It was the right move for Acosta whether you believe that he needed to be held accountable for the Jeffrey Epstein fiasco or not. The Democrats are desperately trying to tie Epstein to Trump, and the narrative that Acosta was rewarded for helping a Trump “pal” needed to be squashed. I second the reaction of Ann Althouse, who doubled down on her earlier opinion by re-publishing it  after she heard the news:

“I do think Acosta should resign. When it mattered most, the cries of a wealthy man overwhelmed those of ordinary people. That’s not what belongs in the Labor Department.”

Continue reading

Ethics Observations On Barack Obama’s $596,000 Speaking Fee

A report from El Tiempo, a Colombian news outlet, states that former President Barack Obama will recieve “2 mil millones de pesos” for delivering a speech engaging in an  on-stage discussion about leadership strategies at the EXMA Conference in Bogota. Obama’s fee is the equivalent of $594,000 in U.S. dollars

The Colombian news website Publicmetro.co, further reports that conference attendees who want to attend the event and take a photo with Obama will pay 11 million Colombian pesos, or about $3,267.

Ethics Observations: Continue reading

Sunday Ethics Warm-Up, 5/19/2019: Conflicts, Hypocrisy, Censorship, And Creeping Totalitarianism…Praise The Lord.

1. I love headlines like this. The Times tells us (in its print edition) , “Party Hosted By Drug Company Raises Thorny Issues.” Really? A group of top cosmetic surgeons had all their expenses paid to attend a promotional event in Cancun for a new competing drug for Botox. The doctors were fed, feted, invited to parties and given gifts, then they went on social media and gushed about the product. The “thorny issue”: Should they have informed their followers that they had just received all sorts of benefits and goodies from the drug manufacturer to encourage their good will? (Because none of them did mention this little detail.)

Wow! What a thorny issue! I’m stumped!

Of COURSE it was unethical not to point out that their sudden enthusiasm for the product had been bought and paid for. This is the epitome of the appearance of impropriety, and an obvious conflict of interest. The Times article chronicles the doctors’ facile, self-serving and disingenuous arguments that they didn’t have such an ethical obligation, but the fact that these are unethical professionals in thrall to an infamously unethical industry doesn’t make the ethics issue “thorny.”

2. The Assholes of Taylor University. Vice-President Mike Pence was the commencement speaker at Taylor University, and when he moved  to the podium, thirty or so students rose and walked out on him, in a smug and indefensible demonstration of assholery. The University should withhold the diplomas of every single one of these arrogant slobs until they each author a sincere letter of apology to the Vice-President, who was the school’s invited guest. Continue reading

The Pulitzer’s Deliberate Ethics Blindness [Corrected]

It was incredible: the only qualified candidate for the Pulitzer Prize just happened to be the spouse of a Pulitzer board member! What are the odds?

[Note: an incompletely edited and proofed version of this post was mistakenly published. I apologize. Thanks to Tim LeVier for flagging the problem.]

All awards and prize organizations are subject to fair suspicion about their integrity, and collectively, they undermine each other. The Academy Awards get criticized by prominent blacks, and suddenly the number of black nominees explodes. The Nobel Prize committee, once the epitome of a well-respected and trusted awards program, exposes its political bias by giving a Peace Prize to Barack Obama for no good reason whatsoever.

Then, beginning in late 2017, in an expose published late last year by a Swedish newspaper, the Swedish institution was rocked by accusations  from18 women who said they were sexually harassed or assaulted by French arts promoter  Jean-Claude Arnault, who is married to poet Katarina Frostenson and is friends with Horace Engdahl, both  members of the  Academy that awards the Nobel Prize in literature.  Arnault was sentenced to two years in prison after being found guilty of raping a woman in 2011. This ugly publicity cast unwelcome light on more unethical conduct: a club called Forum that Arnault and Frostenson owned received a subsidy from the Academy. Yes, the members were voting finnacial benefits to themselves.  There were also credible reports of Frostenson giving names of winners to Arnault before they were announced,, allowing him place wagers and win money with insider information. As the scandal expanded, Frostenson and Engdahl refused to resign. Three other members of the Academy left in protest.

Nice. The Committee decided not to award a Nobel Prize for Literature in 2018.

I’m surprised they didn’t just give it to Barack Obama.

This brings us to the Pulitzers, which have always been suspect. Continue reading

Saturday Ethics Warm-Up, 4/6/2019: Who’s The Worst? [CORRECTED]

Good morning!

The day got off to a grand start when the first thing that came up on TV was the ending of John Wayne’s “True Grit.” When the Coen Brothers did their (dark) remake starring Jeff Bridges as Rooster Cogburn, I wondered which version would survive as the definitive one. Sometimes remakes of classic films obliterate the originals, like “The Thing,” or “Invasion of the Body-Snatchers.” Sometimes the original films are so obviously superior that the remake just vanishes. Sometimes it should vanish, but doesn’t, like the ugly “Charlie and the Chocolate Factory” created by Tim Burton. Both “True Grit’s ” are excellent, but so far, at least, the Duke’s Oscar-willing performance has prevailed. Good.

1. From the “You can’t fool all of the people all the time, especially if you’re a callow, arrogant fool” files:  Rep. Alexandria Ocasio-Cortez offended an audience made up predominantly of African Americans when she slipped into assumed regional slang to lecture them about the dignity of menial jobs for life

“I’m proud to be a bartender, ain’t nothing wrong with that!” Ocasio-Cortez proclaimed. [CORRECTION NOTE: Originally, the version of this statement I had was an Ebonics-fest that I got off of a tweet from an attendee. This was incorrect: thanks to Chris Marschner for the fact check.]

Actually, the real offense was her content, not her delivery. This is communist cant for the proles: don’t aspire to more than your hum-drum jobs, for you are serving the greater good (and your superior overlords). That’s not the American values system, or American culture, which encourages productive dissatisfaction, personal initiative, and determination to be better and do better.

2. I knew Harvard wouldn’t be able to duck the college admission scandal! Harvard has launched  an “independent investigation” into a series of suspicious events that occurred in 2016. Wealthy businessman  Jie “Jack” Zhaopaid inexplicably paid $989,500  for a home in the Boston suburbs that was valued at only $549,300.  Seventeen months later he sold that home for $665,000, for a loss of $324,000. Continue reading

The Kamala Harris-Willie Brown Saga (That The News Media Wants You To Think Doesn’t Matter)-UPDATED

( A missing link to the “Truth or Fiction” site has been added.)

Enter this one under “Tales of Media Double Standards For Hypocritical Democratic Presidential Contenders Aren’t Elizabeth Warren.”

The mainstream news media has anointed Kamala Harris as one of its favorite Democrats, so it’s unlikely that we’ll see much objective or accurate analysis about her unethical relationship with Willie Brown while he was Mayor of San Francisco.  (Harris also appears to be on the road to dinging herself irrespective of this problem.) Watch a progressive “factcheck” site try to spin the Brown connection:try to spin the Brown connection:

Accusations that Sen. Kamala Harris (D-California) had an affair with a married man have hovered around her since the 2000s, back when Harris first made a run for public office.

These rumors stem from a relationship Harris had with former San Francisco mayor Willie Brown, but what it had to do with the beginning of her political career has been largely misrepresented.

Kamala Harris was elected to serve as the district attorney of San Francisco in 2003. In 2010, she was elected to serve as California’s state attorney general. Harris held that role office until she was elected to the United States Senate in November 2016.

Throughout her career, rumors that Harris had an affair with a married man (Willie Brown) and used it to launch her political career, have followed. We’ll take a look at the facts and provide a brief overview of the situation.

The Kamala Harris-Willie Brown connection

Kamala Harris and Willie Brown had a relationship in the mid 1990s. At the time, Harris was working as an attorney in various city offices. Brown, who is nearly 30 years older than Harris, had been elected mayor after serving in the state legislature for more than 30 years.

Willie Brown has led an eccentric, outspoken life, and his exploits with women have been well-documented. In 2001, news broke that Brown had impregnated his top fundraiser, for example. However, the claim that Kamala Harris had “an affair” with Brown, implying not only that they had a relationship but that it was furtive and seedy, doesn’t check out.

It’s true that Brown has technically been married since 1958. However, Brown and his wife separated amicably in 1982 — more than 10 years before his relationship with Harris began — according to a 1984 New York Times profile of Brown.

So again, claims that Kamala Harris had an affair with a married man just don’t check out.

Did Kamala Harris use her relationship with Brown to launch her political career?

Kamala Harris and Willie Brown made no effort to hide their relationship in the early 1990s. When Harris first ran for public office in 2003, long after the relationship ended, her previous relationship with Brown didn’t help her chances — it actually hurt them.

Harris’ opponents, incumbent District Attorney Terence Hallinan and local attorney Bill Fazio, turned her previous relationship with Brown into a campaign issue, arguing that Harris could not be trusted to hold Brown accountable as DA because they had been previously involved.

…Brown himself leapt into the fray in late January 2019 with a brief commentary in the San Francisco Chronicle just after Harris announced that she would be running for president, appearing to take credit for helping start her career:

“Yes, we dated. It was more than 20 years ago. Yes, I may have influenced her career by appointing her to two state commissions when I was Assembly speaker. And I certainly helped with her first race for district attorney in San Francisco. I have also helped the careers of House Speaker Nancy Pelosi, Gov. Gavin Newsom, Sen. Dianne Feinstein and a host of other politicians. The difference is that Harris is the only one who, after I helped her, sent word that I would be indicted if I “so much as jaywalked” while she was D.A. That’s politics for ya.”

Is this a masterpiece of obfuscation and spin, or what? Wow. Let’s look at a few details: Continue reading

Comment Of The Day: “KABOOM! Biden Takes A Bribe”

Well, yes, he took the 30 pieces of silver, but Judas genuinely supported what the Romans had done, in a spirit of bi-partisanship…

Side-issue: Is it proper to give out a Comment of the Day when it is almost entirely a quote from another source? In this case, I’m doing it, in part because the commenter, Michael, is perfectly capable of writing the same sentiment just as articulately, if not better, and second, because I want his argument on the record, because it is so wrong.

I must admit, I never expected anyone to disagree with the post regarding Joe Biden’s betrayal of his party in exchange for $200,000. Such speaking fees are per se ethically dubious, as the Clinton Foundation experience should have taught us, especially when the speaker is a blathering fool like Joe Biden. I’d pay something to hear Hillary, Bill or Obama speak. But giving Biden six figures for his usual gaffes reminds me of Gerald Ford’s speaking fees after he left the Presidency. Gerald Ford never gave a non-soporific, inciteful speech in his life. He was selling influence, just like the Clintons, and just like Biden. It’s not illegal if you’re not holding office, but it is always unethical.

What Biden did was especially unethical. Both Michael and his authority call what Biden did bi-partisanship. It was not. Bi-partisanship is when partisan elected officials work across the aisle toward legislation and policies that their had-core party base might oppose, in the best interests of the nation and the public. That’s ethical, because an elected official’s duties, which all swear tom are bipartisan. Joe Biden, however, is not an elected official. He is a leader of the Democratic Party. His duty is to the party and the party’s legitimate interests. If he does not support those interests, then he should stop calling himself a Democrat, or at very least abstain from leadership.

Biden’s duty was to try to make sure his party won the House. Losing the House would have been a disaster. For all he knew, that single race might have been the difference between a House majority and a Democratic loss. He could not ethically choose his own interests over the party, and that’s what he did. The endorsement was based on Biden’s personal interests—cancer research, because of his son—and not the party’s. This is a serious conflict of interest. Now, since Joe is a dolt, this might not have occurred to him. Still, based on his personal agenda, he saw fit to harm the prospects of his own party’s candidate. Betrayal, by definition. Frankly (to quote from Miachel’s quoted source), I don’t care whether “most Americans” don’t recognize what’s wrong here. Most Americans, indeed most politicians, don’t comprehend what conflicts of interest are. I do. It’s my job.

Biden’s conduct was unethical, placing his personal agenda above hos party’s, even before we get to the ugly fact that he was paid to do it—by a foundation run by the family of the GOP candidate he was praising. Note that the piece ahead doesn’t mention this little detail at all.  It’s hilarious, really. “This is what we’ve come to: partisans attacking a lifelong public servant because he has the nerve to show active support for a member of another party who played a key role in the passage of legislation that vastly improves efforts to fight a disease that took the life of his child.” Yes, and all he need to work up that “nerve” was a check for $200,000. 

Here is Michael’s Comment of the Day on the post, KABOOM! Biden Takes A Bribe:

My “feeling” (perhaps naive, or perhaps you infer more than I do) are almost captured by this from The Hill:

“Recently, the New York Times breathlessly reported that former Vice President Joe Biden had the temerity to praise a long-serving Republican member of Congress during a speech to a Midwest audience in the run-up to the 2018 election. This member—Rep. Fred Upton of Michigan—went on to win re-election by a relatively narrow margin. And now that Biden is signaling that he may very well run for president in 2020, the partisan knives are out—and it’s members of his own party who are holding them. This sad little vignette exemplifies exactly what is wrong with American politics today.

“Mr. Biden stunned Democrats and elated Republicans by praising Mr. Upton while the lawmaker looked on from the audience,” the Times reports. “Alluding to Mr. Upton’s support for a landmark medical-research law, Mr. Biden called him a champion in the fight against cancer—and ‘one of the finest guys I’ve ever worked with.’” As the Times also notes, Upton had nothing to do with Biden giving the speech, and there is “no evidence Mr. Biden was motivated to praise the lawmaker by anything other than sincere admiration, stemming from Mr. Upton’s role in crafting the 21st Century Cures Act after the death of Mr. Biden’s elder son, Beau, from cancer in 2015.”

This is what we’ve come to: partisans attacking a lifelong public servant because he has the nerve to show active support for a member of another party who played a key role in the passage of legislation that vastly improves efforts to fight a disease that took the life of his child. It’s shameful, self-serving—and frankly bad politics. Most Americans would look at Biden’s praise for Upton for what it is: a genuine expression of humanity, respect, and gratitude. Upton responded in turn: “Being in the audience with my family and hearing Vice President Biden reference our work together was an immense honor…He was warmly received by everyone in attendance who were thrilled to have him there, including myself.”

As Biden spokesman Bill Russo says in response, “Vice President Biden believes to his core that you can disagree politically on a lot and still work together in good faith on issues of common cause—like funding cancer research.” Biden himself responded similarly and with good humor: “I read in New York Times today…that one of my problems is if I ever run for president, I like Republicans,” Biden told the Conference of Mayors. “Bless me, Father, for I have sinned.” He added: “But, you know, from where I come from, I don’t know how you get anything done…unless we start talking to one another again.” Continue reading