double-standard

Saturday Ethics Warm-Up, 1/11/2020: Epstein And Facebook And Barr, Oh My!

/ Jack Marshall / 5 Comments

It’s Thaturday!

Time, once again, to salute the courage of Karen Carpenter’s much less talented brother Richard, who nonetheless had the courage to offer, as his only notable solo offering for the Carpenters, a song that highlighted his speech impediment. Why did he do this? We’ll never know.

And yes, I have “The Wizard of Oz” on the brain. It was so much better when that wonderful movie was only on TV once  a year: then it was special. Now, especially over the holidays (and what it has to do with Christmas, I don’t know) I had to repeatedly change channels to avoid it. Well, after Judy sang “Over the Rainbow, anyway…

1. Is it really so unreasonable and a “right wing conspiracy theory” to wonder about how Jeffrey Epstein, who could have implicated such powerful people as Bill Clinton and Prince Andrew in criminal activities, ended up dead in his cell?

The latest forehead-slapping development: The video  made outside of Jeffrey Epstein’s Manhattan jail cell when during his failed suicide attempt seemed to be missing, and even possibly destroyed. The jailhouse video turned up, however, muting suspicions about whether Epstein’s successful  suicide at the Metropolitan Correctional Center wasn’t something more sinister.  Prosecutors confirmed that the video had been saved. This week, however,  prosecutors revealed that the jail staff  had preserved video from the wrong jail cell, and the Epstein footage no longer existed.

Meanwhile, two guards who were on duty when  Epstein killed himself are being charged with falsifying records and conspiracy. The guards surfed the internet and dozed instead of checking on the prisoner every half-hour, as they were required to do.

Conspiracy or not, this is epic incompetence, and rather convenient incompetence at that. Hanlon’s Razor, however, applies. I guess.

My only other observation is that government efficiency and job performance is obviously so reliable that I don’t know why Bernie Sanders isn’t running away with the Democratic nomination race. Of course we should put government employees in charge of our lives. It’s a no-brainer. Continue reading →

Ethics Quiz And Comment Of The Day: The Governor’s Yearbook Photo [Corrected]

/ Jack Marshall / 82 Comments

You know you’re having a bad week as a politician when one scandal knocks a another scandal you’re involved in off the front page. Welcome to Virginia Governor Ralph Northam’s world right now, and where he’ll end up in it, nobody knows.

In case you missed it, Northam and abortion-loving Democrats were in the midst of trying to justify his comments earlier in the week accepting the concept of legal infanticide when a medical school yearbook photo turned up on social media, showing the governor-to-be either in black face or wearing Ku Klux Klan garb. Yes, this was another Hader Gotcha: conservatives were looking for dirt under very old rugs.  Northam confirmed that it was indeed him in one of the two costumes (but not which!) and issued the now familiar “this is not who I am now” apology:

“I am deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now,” Northam said in his statement. “This behavior is not in keeping with who I am today and the values I have fought for throughout my career in the military, in medicine, and in public service. But I want to be clear, I understand how this decision shakes Virginians’ faith in that commitment. I recognize that it will take time and serious effort to heal the damage this conduct has caused. I am ready to do that important work. The first step is to offer my sincerest apology and to state my absolute commitment to living up to the expectations Virginians set for me when they elected me to be their Governor.”

It was immediately clear that this would not suffice. Northam is a Democrat, after all, and that is the party of race-baiting. Republicans weren’t likely to let Northam talk his way out of this either, not after he won his close 2017 gubernatorial election against Republican Ed Gillespie with the assistance of a jaw-dropping TV ad ad linking Gillespie to  the white nationalists who marched in Charlottesville and showing the GOP candidate trying to run down minority kids in his car.  Although the ad was not a product of his campaign, Northam refused to condemn it, and his campaign reported it as an “in-kind contribution.” The campaign also sent out a mailer tying Guillespie to white nationalists.

What Republicans say about the yearbook photo doesn’t matter, however. Northam’s own party turned on him, with his Democratic predecessor Terry McAulliffe, the NAACP, the Congressional Black Caucus, the Virginia Legislative Black Caucus, and the Democrats in Virginia’s state legislature all calling on him to resign.

After all, casually endorsing infanticide is easy to defend to the hard-core Democratic base, but wearing a tasteless costume 38 years ago while a student is unforgivable.

Wait…what?

The instant issue might be moot in a few hours, as the betting is that Northam will resign, but  your Ethics Alarms Ethics Quiz of the Day’s  question will remain:

Should Ralph Northam’s 1984 yearbook photo require him to resign as Virginia Governor?

Continue reading →

Incompetent Elected Official Of The Month: House Speaker Nancy Pelosi

/ Jack Marshall / 9 Comments

I don’t think it is too much to ask for the Speaker of the House to comprehend the limits of her power and position, do you?

Yesterday, as Nancy Pelosi officially seized the gavel from Republican Speaker Paul Ryan, she  declared that she is equal to the President:

Asked if she considers herself Mr. Trump’s equal, she replied, “The Constitution does.”

The mainstream media, invested in defending and bolstering Pelosi, are already spinning the exchange to mean merely that Pelosi considers women the equal of men, and that the Constitution obviously (now) embodies that principle. However, that would have been a question and answer neither worth asking or answering. The question was whether Pelosi, as Speaker, felt that she was the equal of the President in power and Constitutional authority, and she replied in the affirmative to cheers from the “resistance.” Here’s Scott Dworkin, for example, frequent MSNBC contributor and  co-founder of the Democratic Coalition on Twitter:

“The Constitution considers me equal to Trump.” Speaker Nancy Pelosi. Damn straight. Trump is not the boss of Congress, no matter what Trump’s lapdogs Ryan & McConnell made it look like. Speaker Pelosi reminds us how the pathetic GOP is owned by Trump. Weak & useless pushovers.

Down, boy! Someone get Scott some Prozac. As for Nancy, someone get her a high school civics textbook. 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 →

The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

/ Jack Marshall / 64 Comments

kellyanneThis post is one I do not want to write, and the fact that I have to write it is profoundly depressing. It requires me to criticize, indeed blow the whistle on,  professional colleagues in the fields of law and ethics, some of whom I know and admired very much, as well as fellow members of the District of Columbia Bar. Some of these colleagues are also members, like I am, in a distinguished association dedicated to the field of legal ethics. A superb book on the topic by one of the professors involved  sits in a prominent place in my office bookshelf.  I can see it right now.

Yesterday evening, I learned that a group of fifteen law professors and lawyers have filed a professional misconduct complaint against White House Counselor Kellyanne Conway, claiming that she violated the Rules of Professional Conduct for attorneys by giving false statements to the media. The fifteen signed the complaint, which was filed with the D.C. Bar’s Office of Disciplinary Counsel. When I read the names, signed on a statement printed upon the official stationery of Abbe Smith, a distinguished full time professor at my alma mater, (and where I worked in the administration for four years), Georgetown University Law Center, my heart sank. While I did not need to read the whole complaint to know it was contrived and intellectually dishonest nonsense, I did, and it fulfilled my worst fears. The anti-President Trump hysteria that has caused so many previously fair and rational citizens on the Left to behave atrociously and to betray their previously held values has officially infected lawyers in the legal ethics field. They are now riding the rails on the 2016 Post Election Ethics Train Wreck.

To be absolutely clear and unambiguous: the complaint is a political attack, and a cheap shot at the President of the United States through his staff. There is no merit to any of its contentions.

The professors claim that they were “compelled” to file the complaint because D.C. Rule of Professional Conduct 8.3 (a) requires that

“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

They are either addled by partisan political animus or lying, because there is no way, no way, these fifteen professors could know that, or even validly conclude it, based on what they have written in the complaint. To call their accusations against Conway a stretch is to be too kind. They are forced, exaggerated, trivial and manufactured. From what I have read in past commentary and opinions of several of them regarding other matters of lawyer misconduct, I have serious doubts about whether they believe them. I know that’s a serious charge, but I see no other explanation, other than temporary insanity.

To begin with, Kellyanne Conway is not working in a legal position in Trump’s White House. She is Counselor to the President, not White House Counsel. The President and Conway may choose, for his protection, to treat her non-legal policy advisor position as a legal representation, but the fact remains that she is not providing legal advice and services, only policy-related ones. Now, lawyers can violate D.C. Rule of Professional Conduct 8.4, Misconduct, while not engaged in the practice of law, but unless the conduct involved is criminal or displays “moral turpitude” sufficient to call into question the lawyer’s fitness to practice the likelihood of the conduct being regarded as sanctionable by the Bar is vanishingly slim.

From everything I can determines, Conway, though she is a member of the New Jersey Bar and an inactive (she needs to pay back dues and take my mandatory D.C. Bar ethics course before she can practice) member of the District Bar, has not practiced law in more than 20 years. She has been a pollster, an activist, a flack and TV personality as well as candidate  Trump’s campaign manager, but none of her professional profiles refer to her as a lawyer. The complaint alleges that Conway “engage(d) in conduct involving dishonesty, fraud, deceit, or misrepresentation” in breach of D.C. Rule of Professional Conduct 8.4 (c), and did so while not engaged in the practice of law.  In order to bring down the wrath of the Bar, such conduct must be extremely serious, criminal or bordering on it. Rule 8.3 “limits the reporting obligation to those offenses that a self–regulating profession must vigorously endeavor to prevent.” What kind of non-law-related “offenses” must “a self–regulating profession…vigorously endeavor to prevent”?  It is well established that questionable statements that an individual with a law license utters in the course of political activity and advocacy is not such conduct. Continue reading →

Being Fair To The News Media: Is There An Ethical Explanation For Why Hillary’s “Most Repugnant Lie” Has Been Ignored?

/ Jack Marshall / 12 Comments

Clinton lie

An Ethics Alarms commenter alerted me  that Politifact is holding its annual “Lie of The Year” poll, and only one of the nominees is a Hillary quote, an inconsequential one at that (“The gun industry is the only business in America that is wholly protected from any kind of liability.”) Well, PolitFact is one of the most left-biased and untrustworthy of the generally left-biased and untrustworthy “Fact Check” columns, but even acknowledging that, how can it ignore what may be Clinton’s most blatant and significant lie? The answer to that may be that the rest of the media has decided to ignore it too.

Yes, it’s that Benghazi lie again. On the night of the attack, Secretary of State Clinton sent an email to her daughter stating that several American “officers were killed in Benghazi by an Al Queda-like group.” The next morning, she sent message above to a top Egyptian diplomat. US officials ascertained “almost immediately,” according to the CIA director at the time, that the attack was not sparked by a YouTube video, but a planned terrorist attack.  At September 14, 2012  Andrews Air Force base ceremony, with the flag-draped coffins of the Benhgazi victims on display, Hillary Clinton told grieving family members that the online anti-Islam video was the cause, and that the video’s maker would be punished.  Four different relatives of three separate victims have publicly confirmed those conversations, including one who recorded what he heard at the meeting in handwritten notes. That was Tyrone Woods’ father, who has said, “I gave Hillary a hug and shook her hand. And she said ‘we are going to have the film maker arrested who was responsible for the death of your son.’” Sean Smith’s mother and uncle, and  Glen Doherty’s sister confirm similar statements made by Clinton to them.

Yet when Clinton was asked by George Stephanopoulos last Sunday if she told the family members that the film, not organized terrorists, was responsible for the attack, Hillary’s answer was “No.”

STEPHANOPOULOS: Did you tell them it was about the film? And what’s your response?

CLINTON:No. You know, look I understand the continuing grief at the loss that parents experienced with the loss of these four brave Americans. And I did testify, as you know, for 11 hours. And I answered all of these questions. Now, I can’t — I can’t help it the people think there has to be something else there. I said very clearly there had been a terrorist group, uh, that had taken responsibility on Facebook, um, between the time that, uh, I – you know, when I talked to my daughter, that was the latest information; we were, uh, giving it credibility. And then we learned the next day it wasn’t true. In fact, they retracted it. This was a fast-moving series of events in the fog of war and I think most Americans understand that.

Even Clinton’s words at the September 14 ceremony for those Benghazi victims strongly support the victim’s family members’ version of what Clinton told them. She said, “We’ve seen rage and violence directed at American embassies over an awful Internet video that we had nothing to do with.”

This is an important lie, far more important than, for example, Donald Trump’s nonsense about seeing “thousands upon thousands” of New Jersey Muslims celebrating on 9-11. Why has the news media shown a fraction of the interest in exposing it that it has in Trump?

Possible answers: Continue reading →

Ethics Quote Of The Day: Blogger Ed Morrissey

/ Jack Marshall / 24 Comments

Double standard“So let’s get this straight. When a lunatic shoots up a Family Research Council office, it has nothing to do with its political opposition. When an abortionist [ Kermit Gosnell ] runs loose because public officials are too intimidated to enforce the laws that do exist, it has nothing to do with political support for abortion. But when a lunatic shoots up an abortion clinic, it’s the fault of millions of Americans who oppose abortion, and who argue peacefully for limits on the practice and better oversight of those who operate in the industry?

“Even when “police have not yet identified a clear motive for the shooting”?

“The shootings in a clinic and the deaths of two people are horrific acts that everyone with a lick of sense and humanity abhors. But what the Washington Post and pro-abortion advocates are conducting in its wake is an attack on free speech and the political process, not to mention the unconscionable smearing of millions of Americans. It’s disgusting, manipulative, exploitative, and un-American.”

—–Conservative blogger Ed Morrisey, in his post, WaPo: Let’s hold free speech guilty for the acts of a lunatic, shall we?

Yes, it’s disgusting, manipulative, exploitative, and un-American—see yesterday’s Ethics Alarms post regarding how the manipulative part works—but it is also one of the clearest and most undeniable examples of mainstream media bias and of how journalists actively adopt and advance even the most blatantly dishonest Democratic Party talking points. (To be fair, they are almost all Democrats, and most of them aren’t very bright, so they often believe this stuff).

For “the Washington Post” in Morrissey’s quote, read The New York Times, CNN, “Meet the Press” and almost every major news media source. All I want from progressives and Democrats is an admission that this slanted distortion of journalism is wrong—bad for the democracy, bad for the civic literacy of citizens, bad for society. That’s all! What I get, even from otherwise fair and rational readers of Ethics Alarms, is rationalizations and denial, aping the protests of the journalists themselves. Morrissey is a very restrained and circumspect writer, but he’s obviously angry. So am I. The point is, so should be every American regardless of political bent who cares about the truth.

Other conservative writers have been in grand form on the politicization of Robert Dear’s murder spree. Here’s the always razor-sharp James Taranto, of the Wall Street Journal: Continue reading →