double standards

Governor Cuomo’s Selective Anti-Gun Fervor: And This Is Why So Many Americans Have No Respect for Laws Or Lawmakers

/ Jack Marshall / 35 Comments
Guns are a public menace! We must not permit lawless, reckless gun possession! Unless its a member of my staff, of course, in which case, meh, no biggie.

“Guns are a public menace! We must not permit lawless, reckless gun possession! Unless it’s a member of my staff, of course, in which case, meh, no biggie.”

[UPDATE: Jerome Hauer disputes some of the reported facts in this post. I have yet to find any sources that have different facts, but I will revisit both the story and my conclusions, and make appropriate revisions, retractions, or clarifications if and when warranted. You will find Mr. Hauer’s comment, and my reply to him, below.]

New York Governor Andrew Cuomo has been the source of some of the most excessive anti-gun rants making up the sorry legacy of the Post Sandy Hook Ethics Train Wreck. It was a year ago that a unveiled a package of strict gun restrictions, saying that with “the senseless massacre in Newtown, Connecticut… New York must say enough is enough to gun violence.” Oh, Gov. Cuomo hates guns, believe you me.

So what do you think happened when it was revealed that Jerome Hauer, Cuomo’s Division of Homeland Security and Emergency Services Commissioner appointed in 2011, had not only been carrying a handgun to work ever since, but also, incredibly, took out the gun and used the laser sighting device attached to the barrel as a pointer in a presentation to a Swedish delegation on Oct. 24? Hauer was not only breaking the Cuomo-backed law barring state employees from packing a weapon at their workplace, but also was modeling the kind of ignorant and dangerous firearm misuse that undermines any claim that he was a safe, responsible, well-trained gun owner.

What happened appears to be this: as soon as the Governor got word that Hauer’s illegal and reckless conduct was about to be revealed in the press, the Homeland Security chief received a quick waiver from New York’s Office of General Services Commissioner RoAnn Destito. The waiver, of course, could not make his prior conduct legal. Continue reading →

If I Say Rep. Michael Grimm (R-NY) Behaved Like A Thug, Does That Mean I’m Claiming He’s Black?

/ Jack Marshall / 133 Comments

To be clear from the start: Rep. Michael Grimm threatened a reporter last night for doing his job. He behaved like a thug, which is to say that he behaved as a “ruffian, hooligan, vandal, hoodlum, gangster, villain, or criminal” might behave, which is unacceptable for any law-abiding citizen, and outrageous for an elected representative. NY1 political reporter Michael Scotto had the audacity to ask the Congressman a direct question at the State of the Union address relating not to the speech, but to the Congressman’s fundraising, which is the object of an FBI probe. Grimm refused to answer the question, then cornered the reporter (on camera, though he did not know it, and said ominously , in an excellent soto voce imitation of Michael Corleone telling Fredo that he knows he betrayed him…

“Let me be clear to you, you ever do that to me again I’ll throw you off this f***ing balcony.'”

As the shocked reporter tried to sputter out a defense, Michael…that’s Grimm, not Corleone…continued,

“No, no, you’re not man enough, you’re not man enough. I’ll break you in half. Like a boy.” Continue reading →

Dear Legal Profession: How Can We Respect And Trust You When You Police Yourself Like THIS?

/ Jack Marshall / 4 Comments

Justice_broken3

I’ve been defending my profession a lot here lately, but I also recognize that there is a very good reason why such incidents as the surprisingly generous sentence in the “Affluenza” case and the drug court judge who suffered an alcoholic relapse on the bench are wrongly interpreted as proof of inequities and double standards in the legal system. The reason is that those who oversee the system do inexplicable things that appear to the outside world as not only a lack of integrity but also the apparent inability to realize how such conduct undermines the public trust.

Both of these recent news stories are cases in point:

I. The Imaginary Government Lawyer

In 2012, the Nebraska state supreme court disbarred lawyer David Walocha for not paying his bar dues and proceeding to practice law for 13 years with a suspended license. At the end of 2013, the District of Columbia Bar had to decide what to do with former Justice Department attorney Laura Heiser, who practiced 21 years with a suspended license in the District. What was her punishment? She received an informal admonition, which is the least severe form of disciplinary action.  Continue reading →

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

/ Jack Marshall / 13 Comments

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading →

Integrity Surrender For The U.S. Marines

/ Jack Marshall / 71 Comments
"Any of them are fine, really--all that matters is that they're female, right?"

“Any of them are fine, really–all that matters is that they’re female, right?”

Among the core values of the U.S. Marine Corps is Honor:

“Honor guides Marines to exemplify the ultimate in ethical and moral behavior; to never lie cheat or steal; to abide by an uncompromising code of integrity; respect human dignity; and respect others. The quality of maturity, dedication, trust and dependability commit Marines to act responsibly; to be accountable for their actions; to fulfill their obligations; and to hold others accountable for their actions. “

According to NPR, the USMC has quietly postponed the requirement for all its female recruits to be able to do three pull-ups. The standard, which was to go into effect on January 1, 2014 for all women in the Marines, just as it has long been the upper-body strength requirement for men, has put back at least a year for “further study.” Marine women have not yet had to meet the same upper-body strength test as males because they were not permitted onto the battlefield. Beginning in 2016,  in response to the calls of feminists and women’s rights advocates, females in the Marine Corps and Army will be able, well, allowed, to serve in infantry, armor and artillery units, where the lack of sufficient physical ability can cost lives and result in military failure.  Continue reading →

Integrity Test For Democratic “War On Women” Warriors

/ Jack Marshall / 89 Comments

This photo…

Biden Harassment

…is evidence of sexual harassment, and, to be blunt, it infuriates me.

Even after decades of laws, lawsuits, lectures, trainings, cultural messages…”Tootsie,” for God sake…too many men in the workplace believe that having a young, attractive woman working in a subordinate position gives them leave to treat her as a convenient source of cheap sexual thrills, open to hugs, kisses, pats, pinches and worse. Doing this to women places them in an impossibly uncomfortable position, forcing them to choose to “be a good sport” and ignore the disrespect, degradation, and invasion of privacy—as in endorse it, ratify it, and encourage more of it—or to risk career, workplace relationships and enmity from the powerful by saying, “Pardon me? Please keep your hands to yourself, sir. That is inappropriate.”

And it is inappropriate—worse than that, it is part of male workplace conduct that keeps glass ceilings impenetrable. It is a prime tool of male dominance and sexual discrimination. Such conduct speaks loudly to the woman under assault, saying, in essence, “you’re here by my leave, for my pleasure, at my pleasure, sweetie,” and saying to every woman who sees the resulting photograph, “See? This is the role you are expected to play, and if you don’t, well, better find a husband and start having those kids, honey, because you are going nowhere.” Continue reading →

Ethics Hero: Judge Chet Tharpe

/ Jack Marshall / 34 Comments
Same crime, same county: Guess which sexual predator-teacher got the tougher sentence.

Same crime, same county: Guess which sexual predator-teacher got the tougher sentence.

Florida Circuit Judge Chet Tharpe sentenced former Hillsborough County teacher Ethel Anderson to a stunning 38 years in prison this week for performing oral sex and other sex acts on a 12-year-old boy she tutored on weekends. “There are those that believe that nothing’s wrong if the defendant is a woman and the victim is a male,” Tharpe said as he sent the sexual predator to prison. “This court does not recognize gender. If it’s proven, as an adult, that you had sex with a child, you can expect to go to prison.”

This was an ringing and much needed message to send to a county, indeed to a country, that have often seemed confused about how to handle women who rape their underage students using the authority and trust they have as teachers. Especially in Hillsborough County, though, for it was here that ex-teacher Debra Lafave pleaded  guilty in 2005 to having sex with a 14-year-old boy,and was merely sentenced to house arrest by Judge Thorpe’s colleague Judge Wayne Timmerman. Why? Interesting question. LaFave’s lawyer famously argued that his movie star gorgeous client was too attractive to go to jail (recall the recent post here about defense attorneys appealing to bias), and it worked. Continue reading →

Ethics Dunce: Federal Judge Liam O’Grady

/ Jack Marshall / 9 Comments
"I swear judge, I have no idea who that guy next to me is."

“I swear judge, I have no idea who that guy next to me is.”

When civil rights advocates point to the disparity of sentencing for non-violent African-American drug offenders and white, shameless, greedy crooks like Kathleen McGrade and her husband, Brian Collinsworth, my best course is to feign a seizure or something. I have no good explanation for them, except that judges like federal judge Liam O’Grady are a large part of the problem.

McGrade was a management analyst for the State Department who used her position and influence to fraudulently direct $53,000,000 in 43 government contacts for construction projects and security work at U.S. sites overseas to the Sterling Royale Group, whose Vice President and CEO were Collinsworth and her daughter Jennifer Herring. She did this by hiding her relationship to the company and its officers. The taxpayer-funded family bounty, meanwhile, allowed McGrade to buy a $73,000 Lexus, a half-million-dollar yacht and nearly $223,000 in jewelry. Continue reading →

Nelson Mandela, John Brown, And The Perils Of Hagiography

/ Jack Marshall / 28 Comments
Mandela

He wasn’t a saint. Is it unethical to say so?

The truth made a surprising appearance where one should least expect it, MSNBC, yesterday. As the rest of the news media was awash in the sanctification of the late South African leader Nelson Mandela, former TIME reporter Richard Stengel, who worked closely with Mandela his autobiography, told shocked MSNBC hosts yesterday that the image of  Mandela being broadcast was, in fact, a false one.

“He was a pragmatic politician,” Stengal told “Morning Joe” that Mandela “wasn’t a visionary necessarily, he wasn’t a philosopher, he wasn’t a saint. But he never deviated from [his goal of overturning apartheid]. But anything that would get him there, he embraced, including violence. He created the violent wing of the ANC. And people don’t realize that and don’t remember that. We’ve kind of made him into a Santa Claus. He wasn’t. He was a revolutionary.”

The same day that Mandela’s death was reserved for testimonials and glowing remembrances, the website Buzzfeed had the impertinence to re-publish some of Mandela’s less Santa-like quotes, including praise for communism, communists, and dictators, and condemnations of the U.S. and Israel: Continue reading →

Martin Bashir Resigns From MSNBC

/ Jack Marshall / 40 Comments

You can read details here.

Well, It's about time.

Well, It’s about time.

It has been about two weeks since MSNBC talking head Martin Bashir said, on the air, not spontaneously but reading from a script, that Sarah Palin deserved to have someone shit in her mouth. I have previously commented on the incident and its aftermath here, here, here and here, which is more than Bashir is worth.

Briefly…

  • Bashir should have been fired. That would have asserted that MCNBC had standards of civility and professionalism. This suggests it has none, at least when a conservative is the one being abused on the air.
  • He should have been fired immediately. Late is sometimes better than never, but it is also significant when a network, faced with an employee who engages in objectively outrageous conduct that doesn’t merely cross the line, but pole vaults across it, appears to be pondering, as in, “Hmmmm. How bad is it, really, when a host suggests that someone hold down a former vice-presidential candidate and defecate in her mouth? Tough one! What’s your take, Lou?”
  • Bashir’s producer and editor should have been disciplined, if not fired as well.  Continue reading →