Tag Archives: grandstanding

Ethics Dunce: Ex-US Attorney Preet Bharara

And a good thing, too…

Preet Bharara, until recently the United States Attorney’ for the Southern District of New York, was known as an aggressive, fearless, skilled prosecutor. He was also  increasingly a partisan one, as his  felony prosecution of Dinesh D’Souza, a vocal conservative critic of President Obama, showed. Despite the ridiculous and dishonest criticism of President Trump for firing Baharara, if there has ever been a President with good cause not to trust holdovers from the previous administration, it is Donald Trump.

The last Holder/Lynch Justice Department employee he trusted was Sally Yates, and she breached her ethical and professional duties by going rogue, and not just rogue, but partisan rogue. Baharara,who referred to himself as a “completely independent” prosecutor, was such a good bet to go rogue that it would have been negligent for Trump not to fire him. Democrats in and out of government are suddenly dedicated to defying and bringing down our governmental institutions, notable the Presidency. They can’t be trusted. Even if it wasn’t  the usual course to sack the previous administration’s US Attorneys—though it is—  there was every reason for this President to sack these prosecutors.

And, nicely enough, Bharara proved that Trump was right by grandstanding on his way out the door.

Asked to resign along with his colleagues, Bharara refused, and Trump fired him  Glenn Reynolds calls the refusal to resign childish, but it was more that. It was a breach of professional ethics, and akin to Yates’ stunt.  Bharara is a government lawyer, meaning that he represents the government’s interests as his supervisors define them. If he doesn’t like their priorities, his option is to resign—not defy them until he is fired, but resign.  United States Attorneys “serve at the pleasure of the President” and that’s a term of art.  The prosecution of crimes, including the decision regarding which crimes to prosecute and which crimes not to prosecute, is made at the discretion of the Executive Branch, which is headed by the President. If, for example, Bharara felt that Obama’s executive order declaring  that illegal immigrants who hadn’t committed serious crimes were henceforth to be treated as if they were legal immigrants rather than illegal ones was unconstitutional, which it is, his option would have been to resign, not give a press conference, a la Yates, declaring his opposition to the new policy. Continue reading

13 Comments

Filed under "bias makes you stupid", Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Journalism & Media, Law & Law Enforcement, Leadership, Professions

In A Photo Finish Race For Incompetent Elected Official Of The Month, Ohio State Wes Retherford (R) Edges Texas State Rep. Jessica Farrar (D)

Both are embarrassments to their parties, their states, and the voters who elected them, however.

First the winner: Ohio State Representative Wes Retherford, R-Hamilton, who was discovered over the weekend passed out drunk in his car with a loaded firearm at a McDonald’s drive-thru . Wes was arrested by Butler County sheriff’s deputies, and faces charges of operating a vehicle under the influence and improper handling of a firearm in a motor vehicle, because there is no current criminal law covering unbelievably stupid conduct by an elected official.

Retherford was easily re-elected in November in the heavily Republican district, even though voters had to know he was a drunk. He had to defeat a challenger in the GOP primary after another candidate gained the party’s endorsement because Retherford had been criticized for “partying.” “Partying” is a euphemism, in this case, for “has a serious drinking problem and is likely to end up  passed out drunk in his car at a McDonald’s drive-thru with a loaded firearm. The Ohio House Speaker even had to order a drinks cart removed from Retherford’s office because it violated House rules. People voted for him anyway. They must be so proud.

Our runner-up is a different brand of fool, but a fool nonetheless: Texas State Rep. Jessica Farrar, a Democrat, offered what she termed a “satirical bill”  that would fine men for masturbating, allow doctors to refuse to prescribe Viagra and require men to undergo a medically unnecessary rectal exam before any elective vasectomy. Farrar says that she knows her bill will never pass, but says she hopes it will start a conversation about abortion restrictions. Continue reading

82 Comments

Filed under Bioethics, Childhood and children, Ethics Alarms Award Nominee, Ethics Dunces, Government & Politics, Humor and Satire, Incompetent Elected Officials, Law & Law Enforcement, Rights

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading

5 Comments

Filed under Business & Commercial, Education, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement

Unethical Quote (And Tweet) Of The Month: Senator Kamala Harris (D-CA.)

open-borders

“It’s outrageous the administration is saying anyone who might have committed a crime qualifies for deportations.”

—-Sen. Kamala Harris (D-CA), on Twitter, in response to the recent Trump Administration immigration order.

I know it’s Twitter,  but Senator Harris had 41 unused characters left, so we have to assume that she means this. And if she means this, she is unqualified to be an elected official representing the American public. In fact, she’s a fool.

It is not and cannot be “outrageous” to say that any illegal immigrant, criminal or not, qualifies for deportation. To maintain otherwise is to say that the United States cannot enforce its immigration laws, and not only that, it is “outrageous” to enforce the laws. Is that the position of the Democratic Party? Clarification is essential here. Is it? If so, by what set of values and principles do Democrats make this argument? Does the “it’s outrageous to enforce the law” principle apply to other laws? Presumably it does, or the party has no integrity or legitimate governing philosophy at all.

Why is enforcing the immigration laws against—The Horror!–only the portion of the law-breakers who have no right to be here who have additionally become involved with the violation of other criminal laws so “outrageous”? Does the Senator have some rationale for that contention, or is she just grandstanding? That is, lying.

Or does she accept the reasoning of Jorge Ramos, the openly partisan, pro-illegal immigration Univision anchor, who said at a the network’s annual entertainment awards show (Aside: Why would anyone watch an awards show today, as they have devolved into political rant sessions from one narrow perspective, largely by smugly ignorant hyperpartisans who deserve a nationwide platform no than the average ranting activist holding a placard?), as he erased any distinction between legal and illegal immigration, Continue reading

70 Comments

Filed under Citizenship, Ethics Alarms Award Nominee, Ethics Quotes, Government & Politics, Incompetent Elected Officials, Journalism & Media, Jumbo, Law & Law Enforcement, Unethical Tweet

Note To Republicans: If You Are Going To Switch Sides Without Looking Like A Grandstanding Turncoat, You Have To Do A Better Job Explaining Why Than Chris Vance

That's Chris, about 12 rows up, third from the left...

(That’s Chris, about 12 rows up, third from the left…)

Chris Vance once was the  chair of the Washington state Republican Party. He unsuccessfully ran for the U.S. Senate last year, and now is stuck in a bright blue state where conservatives are as popular as bedbugs. Trying another approach, he has come out with an op-ed announcing that he has joined the protesters in his state, which are challenging the President’s efforts to more tightly control immigration, refugees, and the threat posed by Islamic terrorists.

My crack (and indispensable) issue scout Fred found Vance’s article and passed it along, asking, “Does belonging to a party ethically require loyalty to its agenda? Or to its principles? Is belonging to a party inherently unethical? The Founding Fathers might have said yes.”

The answers to these are: 1) Belonging to a party, like any group, allows principled dissent and advocacy for more just and reasonable policies. When an individual cannot support any of a party’s agenda, then he or she has an obligation to go elsewhere. Can one element of the agenda, such as support or opposition to abortion, be a deal-breaker? Of course. 2) If a party member cannot support a party’s principles, than pretending to be a member of the party is inherently dishonest, a breach of integrity and unethical. 3) Democracy requires political parties to function, as all democracies have learned. The Founders would have disagreed, but we have had the benefit a couple hundred years of experience that they lacked.. The Founders also would have disagreed with allowing women to vote, blacks running for President, and children having Constitutional rights.

I doubt any of the questions apply to Chris Vance, however. What appears to be going on is that an unsuccessful politician has assessed the likelihood of conservative Republican going very far in California Northwest, and decided to re-invent himself as not just anti-Trump (that didn’t work, because he was anti-Trump during the campaign and still lost) but anti-President and pro-Left Wing Freakout. His real problem, judging from the column, is that Vance just isn’t very bright, or perhaps isn’t very skilled at hiding the fact that his core beliefs are adjustable. Continue reading

64 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics

From The Sally Yates Misinformation Files: Senator Diane Feinstein, Ethics Dunce And Incompetent Elected Official Of the Month

Biased, hypocritical and ignorant is no way to go through life, Senator...

Biased, hypocritical and ignorant is no way to go through life, Senator…

Adding to the ignorance and misinformation drowning ethics comprehension regarding the Sally Yates affair, Sen. Feinstein used her questioning of Attorney General designate Jeff Sessions this morning to misrepresent the ethical duty of that office. (I don’t have a link yet, since I just watched it on C-Span.)

First, Democratic Senator Feinstein set some kind of modern political record for gall by asking Sessions for assurances that he would objectively and independently represent the justice system and the people, and not be a “political arm of the White House.” A political arm of the White House (and the Democratic Party) is exactly what Eric Holder’s and Loretta Lynch’s Justice Department were, and the Senator knows it and never raised her voice in opposition to it for eight years! The question is a fair one, but she is estopped from asking it. Indeed, for any Democratic Senator to ask that question is tantamount to deceit, suggesting that the previous Justice Department met the standard Feinstein is demanding that Sessions acknowledge.

This is the unethical double standard mindset that Democrats have been displaying since November 8.

Following that master class in hypocrisy, Feinstein lauded the justly fired Sally Yates for embodying that ideal. Feinstein is ignorant of what lawyers do and the ethical principles their profession obligates them to follow, apparently. Continue reading

33 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics, Incompetent Elected Officials, Law & Law Enforcement, Professions, Research and Scholarship

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

47 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Law & Law Enforcement, Professions