The First Thing We Do, Let’s Slime All The Lawyers…

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In election years I tell all my legal ethics seminar classes to start teaching their non-lawyer neighbors and relatives ABA Model Rule 1.2 b, which reads,

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This, combined with the principle of zealous representation of one’s client, as expressed, for example, in D.C. Rule of Professional Conduct Rule 1.3…

(a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
(b) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
(2) Prejudice or damage a client during the course of the professional relationship….

…means that lawyers represent clients, and are bound to seek those clients’ objectives when those objectives are legal whether the lawyer likes or agrees with those objectives or not.

It means that it is ignorant, wrong and dangerous to the rule of law as well as the right of citizens to be the beneficiaries of laws in a democracy and not the servants of them, for unscrupulous political opponents to attack lawyers for the positions, objectives and needs of the clients they represented. It means that it is disgusting for maleducated journalists to misinform the already disturbingly confused public by using a matter that a lawyer-turned-candidate’s client needed legal advocacy for as an excuse to impugn the candidate’s character.

Lawyers do not have to agree with or like their clients’ positions, objectives or character, is that clear? Everybody? Lawyers are not to be held accountable for their client’s motives, conduct or legal objectives. Bill Cosby’s lawyers do not approve of rapists. Johnnie Cochran did not support the hobby of ex-wife knifing.

Yet this happens every election cycle, without fail: cheap shots directed at candidates who are lawyers based on one or more of their unsavory clients.  There are two lawyers left in the current primary competition, and guess what?

You guessed it.

Hillary’s ancient defense of a rapist was used to slime her all the way back in 2014. The unfair attack raised its misshapen and empty head last week on CNN, when a Trump supporter brought it up. What we know about Clinton is that she defended a child rapist she was appointed to represent pro bono in 1975, and did an excellent job. She used all the tactics that she was allowed to use. She attacked the credibility of the twelve-year-old victim, and threw sufficient doubt on the the chain of evidence that Clinton got an advantageous  plea bargain for her client, who served just ten months in prison. Sure, he was guilty, and Hillary knew it.  It was her job to make the prosecution prove its case with sufficient evidence, and they failed. The victim, we are told, has had a hard life because of the experience. That is not in any way Clinton’s fault or responsibility.

Now it’s on to Ted Cruz. Here is Slate’s click-bait, misleading, deceitful headline to further the “Ted Cruz is a some kind of sexually repressed weirdo” trope the left-biased media is peddling: Continue reading

Pop Ethics Quiz: Is This Hypocrisy?

"Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?"

“Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?”

In 2003, Dennis Hastert, then Speaker of the House and as yet unmasked as a child molester in his days as a High School wrestling coach,  said

But it is equally important to stop those predators before they strike, to put repeat child molesters into jail for the rest of their lives and to help law enforcement with the tools they need to get the job done.”

The news media has labeled this statement hypocrisy. Is it?

It is not.

Hypocrisy is a statement of moral or ethical standards that an individual proves by his own actions that he does not believe. The actions that supposedly mark Hastert as a hypocrite had already taken place when he made that statement in 2003. There is no reason to assume that he did not believe that sexual predators should be stopped and prevented from doing harm to others, even though he had been one, and indeed even if he was still inclined to molest young men in 2003.

This is another version of the flawed argument that a parent who smoked pot as a youth cannot credibly demand that his or her own child not do the same. What makes a hypocritical statement is insincerity and pretense at the time it is made, demonstrated by conduct in close temporal proximity to that statement. Continue reading

A Brief But Pointed Comment On Last Night’s Democratic Presidential Candidate’s Debate

Gee, am I imagining things, or didn’t Bernie and Hillary repeatedly mock their Republican counterparts for being uncivil, mean and unruly in their debates, while superciliously noting how the Good Candidates—you know: them—were always respectful, measured in tone, polite and professional? I’m certain I heard that, more than once.

I definitely heard Democrats and progressives in the pundit class, which is to say, 95% of the mainstream media, say that, because I wrote this more than a month ago:

1. The smug comments from Democratic pundits and operatives about how “substantive” the Democratic debates have been and how “ugly” and “childish” the GOP debates have been is really nauseating, and the news media should flag it as such. When one candidate is ugly and childish, as well as shameless about being so, the other candidates have little choice but to get down in the mud. That’s the situation in the Republican debates, and that is entirely due to Donald Trump. When, meanwhile, one candidate is notable for lack of trustworthiness and dishonesty, and her only opposition refuses to reference the major reason the public (accurately) believes her to be so,  the resulting debate will be muted. Sanders, in short, isn’t doing his job. That’s nothing for Democrats to be smug about.

Continue reading

Observations On The Hillary/de Blasio “CPT” Skit Uproar

beaver-crushed-by-his-own-treeOut of trivial occurrences  enlightenment may flow.

In a skit last weekend in the Inner Circle show, annual charity event put on by the New York press corps to roast the Mayor, Hillary Clinton joined de Blasio as a surprise guest and chided him for delaying his endorsement of her presidential campaign.

“Thanks for the endorsement. Took you long enough,” Clinton said

“Sorry, Hillary. I was running on C.P. Time,” de Blasio replied. Little gasps were heard in the audience, for C.P. Time, more correctly “CPT”—you know, like EST?—means “Colored People Time,” referring to the alleged proclivity of African American and Hispanics to have a casual regard for punctuality.

Black “Hamilton” star Leslie Odom Jr., who plays Aaron Burr in the hit musical, was on stage as part of the skit, and admonished the  mayor, saying, “I don’t like jokes like that, Bill.”

Hillary then intervened and said, “Cautious Politician Time. I’ve been there.”

I’ll let you compose yourself after the that hilarious joke before continuing.

OK, now? Good. Continue reading

A Donald Trump KABOOM! How Can A Creep Like This Be Running For President?

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A recently uncovered clip from a 1994 episode of “Lifestyle of The Rich And Famous” was shown on Comedy Central and left host Trevor Noah with a bad case of the oogies…as it will you.

I hope.

“Donald, what does Tiffany have of yours and what does she have of Marla’s?” the show’s host, Robin Leach, asked, referring to Trump’s then one-year-old daughter and her mother and Trump’s second wife, Marla Maples.

“I think she’s got a lot of Marla, she’s a beautiful baby. She’s got beautiful legs. We don’t know if she’s got this part yet,” Trump said, as he cupped his hands under his chest to signify breasts, “But time will tell.”

Kaboom. Continue reading

Abortion Ethics Train Wreck Update: Trump’s Comments Prove He Hasn’t Thought About Abortion (Irresponsible), Criticism Of Hillary’s Comments Prove Abortion Advocates Don’t Want ANYBODY Thinking About Abortion (Dishonest), and Pundit Criticism Of Maureen Dowd’s Question To Trump About Abortion Makes No Sense (Incompetent)

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Good job, everybody!

It is a cliché to say that Americans never talk frankly about race. Yet our aversion to honest talk about race pales compared to the lazy, intellectually dishonest and cowardly way we discuss one of the major ethics conflicts of our age, abortion.

1. For some reason, it took seven months of the campaign for the Republican presidential nomination for anyone to ask Donald Trump about his views on abortion, which is a core issue to conservatives, progressives and feminists, as wellas a major factor in the controversy over the composition of the Supreme Court. Never mind that Trump’s answers were incoherent and contradictory, and that he took  five different positions on abortion in three days last week: what was outrageous about Trump’s answer(s) was that he was obviously winging it. He had never given the issue any quality thought at all (if he is capable of quality thought, which I doubt), and faking it, indeed as he has faked his entire campaign. Do Trump supporters need further smoking gun evidence that he is not only unprepared for the Presidency, but too lazy, irresponsible and intellectually limited to be trusted with the job?

Okay, we know they do, because they are impervious to logic or reason.  Still, this was a stunning display of Trump’s hollowness and incompetence as a candidate.

2. Then Hillary Clinton wandered into the same mine field, a map of which she should be know by heart. “The unborn person doesn’t have constitutional rights,” Mrs. Clinton said on NBC’s “Meet the Press.” “Now that doesn’t mean that we don’t do everything we possibly can in the vast majority of instances to, you know, help a mother who is carrying a child and wants to make sure that child will be healthy, to have appropriate medical support.”

To begin with, the statement is false: the Supreme Court has ruled that embryos do have rights at some point, much disputed, before they are born. She was correct, however, that a living, growing organism that left alone and allowed to mature will be born, and will upon birth be a person in the eyes of the law and in the definitions of common sense, is by definition a person prior to that except for the absence of its birth, and thus is, by common construction, an unborn person, or, if you prefer, unborn human being, unborn baby, or unborn child. A bill is an unpassed law. A manuscript is an unpublished book. A law school grad is an unlicensed lawyer….which is to say, not a lawyer until something happens that has not happened yet. Hillary did not misspeak, except that speaking the truth is misspeaking to the pro-abortion lobby.

The problem is that Hillary’s terminology conjures up images of tiny hands and tiny heads, perhaps with tiny mouths sucking tiny thumbs. Hence she was immediately taken to the woodshed and told to be more careful about what she admits to. Continue reading

Barbra Gives An Ethics And Intelligence Test!

Streisand tweet

Quick, now: what is Babs missing, other than the basic ethics principle that “Everybody does it” is not a justification or an excuse for unethical conduct?

Hillary’s Smoking Gun Arrogance And Entitlement

Coronation-of-Queen-Hillary

Democrats asked for this when they decided to hand Hillary Clinton the Democratic nomination rather than make her earn it. The DNC began by rigging the debates to expose Clinton, a gaffe-artist in the rarefied league of Joe Biden but less amusing, as little as possible. It got itself a bizarre, non-competitive opponent to provide nominal opposition, Bernie Sanders—too old, not a Democrat, abrasive, deluded—who cooperated by refusing to attack Clinton where she was vulnerable. He didn’t want to win, you see. Bernie Sanders just wanted to spout Socialist propaganda in the hopes of rotting the brains of the same impressionable young who still think Barack Obama is a leader who brought hope and change.

Oddly, the Democratic leadership had forgotten how our current unqualified, weak and hapless POTUS got elected: he’s President only because Hillary Clinton can’t beat anyone fair and square. She’s dislikable and untrustworthy, and the “vote for my sex organs” bit only goes so far.  Now her campaign is in trouble, and Sanders is threatening to make some super-delegates ( the way Democrats rig their nominating process, allowing them to ridicule Republicans for looking for ways to block Donald Trump) change their plans. He and his supporters see blood in the water, and are finally sharpening their attacks on Hillary.

What??? Actually attacking one’s opponent? This cannot be borne! Thus the Hillary campaign has told Sanders that he must “change his tone” or the Pre-Anointed Nominee won’t deign to debate with him, so there. “Let’s see if he goes back to the kind of tone he said he was going to set early on. If he does that, then we’ll talk about debates,” Hillary’s spokesperson told CNN. Continue reading

Unethical Quote Of The Month: Journalist Ron Fournier

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“Legally though, there is a big bar that you have to get over to prosecute anybody for these crimes, much less somebody who is running for president…I do understand that when somebody is running for president, there is a higher bar that you have to get over because we can’t have a system in which we are constantly charging people who are running for president of crimes.”

— National Journal journalist (and Ethics Alarms “Most Ethical Journalist” award winner) Ron Fournier, discussing recent revelations regarding Hillary Clinton’s e-mail machinations with “Morning Joe” on MSNBC

Ron Fournier has proved himself to be an unbiased and fair journalist, particularly where Hillary Clinton is concerned. He is not one of her apologists or defenders, so this statement must be sincere, and must also represent a genuine and inexplicable ethics blind spot.

There needs to be a higher bar to charge Presidential candidates with a crime? Wrong, absolutely wrong, unbelievably wrong, dangerously wrong, and embarrassingly wrong! That bar for a Presidential candidate or a President has to be exactly the same as for an ordinary citizen, indeed for the most lowly citizen, or our democracy is a fraud.

Fournier’s rationale for this double standard is, to be technical, bananas. To say “we can’t have a system in which we are constantly charging people who are running for President of crimes” is senseless on multiple levels:
Continue reading

Unethical Tweet Of The Month: Hillary Clinton

hedge funds

Among her almost infinite flaws, Hillary Clinton is stunningly lacking in self awareness, and her statements often—astoundingly often—point to her own misconduct and ethical bankruptcy without her comprehending the self-indictment. She has tweeted, more than once, this sentiment, for example:

“To every survivor of sexual assault…You have the right to be heard. You have the right to be believed. We’re with you.”

…though Hillary was emphatically not “with” the women who credibly accused her husband of sexual assault, and still do. She will make statements to one group that are the exact opposite of what she recently said to another group, without batting an eye. Hillary actually committed the meta-lie of saying she never has lied, which is manifestly unbelievable. Then there was this Titanic-style gaffe…

“There should be no bank too big to fail and no individual too big to jail.”

…coming from someone who is, many legal experts believe, not already under indictment purely because she is “too big to jail.” (and then there is hubby Bill, who engaged in flat-out illegal election conduct in Massachusetts that you or I would have been arrested for, and didn’t even get a rap on the wrists.) Neither Clinton has any integrity at all, or shame either. It’s really quite stunning.

Last week, Hillary tweeted this howler:

Hillary Tweet 1

This is an example of a politician intentionally playing to class divisions, ignorance and bias, and worse, encouraging them. It is exactly like saying that it is “unacceptable” that Jimmy Fallon, who only hosts a silly late night show, makes more money than any cancer surgeon, special needs teacher or EMT alive. In some ways it is worse, because most people understand what those jobs are, and may  sort of comprehend the economic principles at work: if Jimmy Fallon drops dead, there is no replacement who will bring to the job exactly what Jimmy Fallon did. He is a unique commodity, and EMT’s are not. The statement is just an emotional attack on the fact that people value laughing over things that are objectively more practical, and entertainment salaries reflect that. Continue reading