incompetence

Ethics Tip To The Michigan Bar: Disbar Incompetent And Unethical Lawyers, The Justice System Works Better

/ Jack Marshall / 11 Comments

There are too many stories like this. The Detroit News reports that Davontae Sanford, who spent his teen years and early 20s behind bars for multiple murders he didn’t commit, will be released today after the judge who presided over his 2008 trial vacated his sentence. It seems that he was innocent of the crimes, as a confession by someone else shortly after he was locked up should have suggested. Read the whole tale. I spit out a mouthful of coffee, however, when I got to this part, near the end of the article.

Sharing criticism for this miscarriage of justice, along with police and prosecutors,  is Sanford’s original attorney, Robert Slameka.  Sanford’s current attorney told reporters,

“One of the really tremendous failures of the system was his defense attorney. There was not one pretrial motion that was brought. Davontae’s confession had all the hallmarks of a false confession; (it was) never challenged. The failures are manifest, but a lot of it falls to the one person who was supposed to protect Davontae in this process, and that was his attorney. And that wasn’t done, and when that’s not done, the system sort of collapses.”

This lawyer didn’t stutter (that is, I don’t think so) but  convinced Sanford to plead guilty to second-degree murder, telling him prosecutors had an iron-clad case, and that if he pleaded, he’d get out of prison earlier. While allegedly defending the teen,  Slameka waived making an opening statement (maybe he DID stutter!) , and never cross-examined the detective who questioned Sanford. Continue reading →

While We’re Firing Biased And Incompetent Journalists, Let’s Sack Gayle King

/ Jack Marshall / 10 Comments
What DOES Oprah see in this woman...

What DOES Oprah see in this woman…

CBS This Morning co-host Gayle King demonstrated on Thursday an unacceptable mindset for a broadcast journalist as we get deeper into the 2016 Presidential campaign, which is to say bias, ignorance, and a complete lack of awareness that biased and ignorant isn’t a wonderful way to go through life.

While discussing the State Department’s Inspector General’s report that exposed the full extent of Hillary Clinton’s email scandal, King blithely said, to Face the Nation’s John Dickerson:

“So John, put it in perspective. How big a deal is this really? I was at an event last night, and both Democrats and Republicans were quoting Bernie Sanders saying, ‘I’m sick and tired of hearing about your damn emails’…so how big a deal is it?”

The disgrace is that any alleged journalist could say something this stupid and damning on  live TV without a bag over her head. A fair  translation of the statement is “I am ignorant of technology, the duties of executive leadership and ethics: I see nothing disqualifying about lying, or a Secretary of State intentionally placing the nation’s security at risk for her own personal benefit. I am a Democrat and I only hang around with people who think like me.” Continue reading →

Unethical Quote Of The Day, Or “Now THIS Is Spinning!”: Hillary Clinton Spokesperson Brian Fallon

/ Jack Marshall / 14 Comments

Clinton spin

“While political opponents of Hillary Clinton are sure to misrepresent this report for their own partisan purposes, in reality, the Inspector General documents just how consistent her email practices were with those of other Secretaries and senior officials at the State Department who also used personal email. The report shows that problems with the State Department’s electronic record keeping systems were longstanding and that there was no precedent of someone in her position having a State Department email account until after the arrival of her successor. Contrary to the false theories advanced for some time now, the report notes that her use of personal email was known to officials within the Department during her tenure, and that there is no evidence of any successful breach of the Secretary’s server. We agree that steps ought to be taken to ensure the government can better maintain official records, and if she were still at the State Department, Secretary Clinton would embrace and implement any recommendations, including those in this report, to help do that. But as this report makes clear, Hillary Clinton’s use of personal email was not unique, and she took steps that went much further than others to appropriately preserve and release her records.”

—-Hillary Clinton campaign spokesman Brian Fallon, spinning the IG report with revelations which prompted that right-wing rag the Washington Post this morning to call his boss’s conduct, in an editorial, “inexcusable, willful disregard for the rules.”

Wow.

Whatever Hillary Clinton’s campaign is paying Brian Fallon to lie for her, it’s not nearly enough.

Imagine: the State Department IG issues a devastating condemnation of Clinton’s conduct, one that proves (as stated here since March, 2015, because it was obvious that early) Clinton has been lying about her conduct, her motives and the consequences of her actions regarding her personal e-mail server installed precisely to avoid the legal reach of the Freedom of Information Act at the risk of compromising national security, and the Clinton camp response is  to say, “See? She was telling the truth all along!”

This response is..

Cynical.

Audacious.

Insulting.

Also designed for use by the completely corrupt, like Nancy Pelosi,  typical of Clinton responses to all scandals, and ridiculously easy to expose.

And before I start exposing, let me address the comments of the liberal end of Woodward and Bernstein (that would be Carl), who while agreeing on CNN this morning that the IG’s report is “devastating” in its near complete demonstration of how much Clinton has misrepresented the facts and her conduct to the news media and the American people, summed it all up be saying that Hillary has had “an uncomfortable relationship with the truth.”

To evoke the late Fred Rogers: Can you say “habitual liar”? Sure you can! A woman who has had “an uncomfortable relationship with the truth,” Carl, is a liar. Don’t sugar-coat it and obfuscate. That’s what the Clintons do. You sound like a Clinton! She’s lying. She lied about the server. She lies all the time. You’re a journalist. Just say it, loud and clear. That’s your damn job.

But I digress.

Let’s just go over how poor Brian Fallon’s statement of desperate mega-spin is dishonest, misleading, and, to be blunt, a pack of lies: Continue reading →

What A Surprise: The Inspector General Reports That What We Knew Clinton had Done With Her E-Mails A Year Ago In Fact Was What She Had Done, That She Has Been Lying And Spinning Ever Since, And That Her Supporters Have Either Been Dupes Or Accomplices! OK, I Guess That’s Not Much Of A Surprise…

/ Jack Marshall / 37 Comments

Yawning2I’m not sure what to write about this, except that it has to be reported because the Clinton e-mail scandal has been so extensively discussed here since early in 2015. If it’s surprising to anyone, I pity them. If they try to keep denying it, I have contempt for them. If they don’t understand why this issue matters (Bernie…!), I pity them and have contempt for them.

Today the State Department’s inspector general’s report on the Clinton’s e-mail practices was released to the media.  The report makes it clear that Clinton intentionally set up the private server to avoid scrutiny of her personal e-mails, and the various Stygian activities revealed there. In order to do that, she willfully and knowingly violated State Department policies, and placed national security at potential risk.

The report concluded that Clinton failed to seek legal approval for her use of a private email server and that department staff would not have allowed it had she requested approval, because of the “security risks in doing so.”  Clinton’s use of private email for public business was “not an appropriate method” of preserving documents, the inspector general concluded, and her practices failed to comply with department policies meant to ensure that federal record laws are followed. Clinton should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. She did not, choosing instead to provide those records in December 2014, nearly two years after leaving office.

So she was not following policy. What she did was not approved.  She did knowingly take risks with sensitive national security information. It wasn’t because she didn’t make “the best choice” that all of this occurred. Clinton was making the best choice for her…her career, her ambitions, her schemes.  The nation’s interests were secondary. If that. Continue reading →

Tales Of The Self-Righteous And Incompetent: Lawyer/Teacher Malik Leigh And His Donald Trump Exam Question

/ Jack Marshall / 8 Comments

Malik Leigh

Malik Leigh is an attorney who teaches in Palm Beach Lakes High School’s pre-law academy. He submitted an exam for review, as the school requires of all tests, that included this question:

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

In another question on the same test, this lawyer—and I’m still trying to get my mind around that embarrassing fact— asked

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

Leigh was suspended.  The letter he received from Principal Cheryl McKeever announcing the suspension stated that the questions contained “inaccurate content, irrelevant material, unprofessional use of language, inappropriate use of language.” Continue reading →

Screaming At The TV In A Hotel Room…The News Media, GOP, Polls, Trump and Hillary Agree: Lies Don’t Matter!

/ Jack Marshall / 12 Comments

Shrug2

I was stuck on the road without a laptop this morning, up an hour earlier than I thought I was because the hotel room clock was set an hour ahead (apparently they have double daylight savings time in Boston  now), and found myself watching one segment after another on CNN that had me by turns depressed and furious, with my head exploding repeatedly (I can’t wait to see the cleaning bill.)

1. First, there was a segment about how Hillary Clinton is attacking Bernie Sanders by saying that she supported the auto bailout, and implying that Bernie did not. As the CNN crew pointed out, Bernie opposed the bailout when it was part of the whole economic stimulus package,but voted for it, like Clinton, when it was severed from that bill. In other words, Clinton…and I know this will shock and disillusion many of you…was lying. This lie is the variety called deceit, a Clinton specialty. She doesn’t exactly say that Sanders didn’t vote for the bail-out, but that is the impression her words leave, and are meant to leave.

Get this: the reporter—I can’t find any of this exchange on the web—following Clinton’s campaign said (I am paraphrasing), “It isn’t up to Clinton to explain the nuances of his votes. That’s Sanders’ problem.”

No, you pro-Clinton hack of a lazy and ethics-challenged  parody of a journalist, it’s your problem and our problem, and because you and your Clinton suck-up colleagues won’t inform your viewers that a lie is a lie, it is a really big problem. Sanders did not oppose the auto bail-out, and Clinton, who knows that, is saying otherwise in the patented Bill and Hillary way. It shouldn’t be up to Bernie to try to unravel the deceitful false accusation; he shouldn’t have to deal with it at all, and wouldn’t if he wasn’t running against a shameless liar. I shouldn’t have to keep going on Facebook trying to explain reality to my ignorant friends who believe that Colin Powell’s handful of private e-mails during the Jurassic Period of State Department cyber-security made Hillary’s private server as pure as the ocean breeze, either. Continue reading →

Follow-Up On “Lying Donald vs. Lying Hillary”: Donald’s Lie Is Worse, And Here’s Why

/ Jack Marshall / 13 Comments

Lie vs Lie

Yesterday I asked readers which of our “presumptive” Presidential candidates were revealed as the worst liars  last week: Hillary Clinton, whose stubborn, year long claims that she followed State Department policy in handling communications, that she turned over all of her official emails to State, and that she “never sent classified material on my email, and I never received any that was marked classified” were all shown to be false by new emails that were released to the media, or Donald Trump, who denied that he had pretended to be his own publicist in recorded phone calls unearthed by the Washington Post, despite the fact that he had previously admitted as much in court testimony under oath.

I learned several useful things from the poll results:

1. Most readers don’t bother to take polls. 

2. Clinton’s lie is overwhelmingly believed to be worse, and

3. I measure lies very differently from most people.

To me, the worst lie is the brazen denial of what cannot be denied, done so shamelessly that it sends the message is no big deal. On the old Ethics Scoreboard, I highlighted such lies as a regular feature called the David Manning Liar Of The Month, named after a now forgotten incident when Sony was caught using fake rave reviews from a made-up film critic on its ads for some really bad movies. Sony’s excuse was that since everybody knows those reviews in movie ads are unreliable, there was nothing wrong with using a fake review. Another version of the lies I hate are those labelled Jumbos on Ethics Alarms, the infamous and often funny “Who are you going to believe, me or your own eyes?” desperation excuses, like Lindsay Lohan’s “These aren’t my pants!” explanation when arresting officers found drugs in her pockets. Continue reading →

Ethics Quote Of The Day: Slate’s Dahlia Lithwick

/ Jack Marshall / 35 Comments

“Whether or not the alleged institutional abuses are ultimately proven, the reality is this: A severely ill young man wasted away, smeared in his own feces, under the watchful eyes of multiple health care workers, corrections staff, and other inmates. His death will force no accountability and will bring about no change. The illness from which Jamycheal Mitchell suffered could have been better managed through medication, proper treatment, and simple respect. The illness that allows the rest of us to jail great masses of dangerously sick people and mistreat them until they die? It is increasingly seeming to be untreatable and incurable.”

—-Slate’s legal pundit Dahlia Lithwick, writing about the case of 24-year-old Jamycheal Mitchell, who was found dead in his cell at Hampton Roads (Virginia) Regional Jail in Virginia.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

There is a $60 million lawsuit being filed by Jamycheal Mitchell’s family over his death as a result of an astounding combination of incompetence and negligence. Mitchell suffered from schizophrenia and a bipolar disorder, and was arrested four months prior to his death for stealing a can of Mountain Dew, a Snickers bar, and a Zebra Cake from a 7-Eleven.  He was allowed to waive counsel despite his mental and emotional impairments, and bail was set at $3,000  for stealing less than five dollars worth of junk food. A judge twice ordered him moved to a state mental health hospital, but no beds were available, so he was allowed to languish, and starve to death, in jail.

The videotape of his last days in prison were also erased forever, because, officials say, they didn’t show anything irregular. I was asked if this qualified as spoliation, the intentional and illegal destruction of evidence when a court proceeding is looming or and investigation is underway. No, because spoliation can only take place when a legal proceeding is inevitable or in process, and also because government institutions are remarkably unlikely to ever be held to account for the practice. This was not technically spoliation, because there was no legal proceeding yet, though one could have been predicted by an idiot. Similarly, Hillary Clinton destroying 0ver 30,000 supposedly “purely personal” emails  before they could be demanded by a Senate Committee (and hearings are not legal proceeding) were not technically spoliation. Ethically, it is a distinction without a difference.

Continue reading →

Another Day, More Lies From Donald And Hillary. Whose Are Worse? How Will Their Supporters Excuse Them This Time?

/ Jack Marshall / 16 Comments

Donald and Hillary

This election is going to be something to watch, with two compulsive, shameless liars each backed by ethically inert loyalists, fighting for the biggest prize in politics. I’m stocking up on Pepto.

Today’s edition of Lying Donald vs. Lying Hillary:

First let’s look at Trump’s lie, because it’s funnier: from the Washington Post:

“A recording obtained by The Washington Post captures what New York reporters and editors who covered Trump’s early career experienced in the 1970s, ’80s and ’90s: calls from Trump’s Manhattan office that resulted in conversations with “John Miller” or “John Barron” — public-relations men who sound precisely like Trump himself — who indeed are Trump, masquerading as an unusually helpful and boastful advocate for himself, according to the journalists and several of Trump’s top aides.”

This is, of course, an early result of the Post’s “Let’s dig up embarrassing stuff on Trump” project, which Bob Woodward talked about this week. There is nothing wrong with the Post doing this with Trump; what is despicable is that they didn’t do it with Obama in 2008.

On the fake publicist story, the Post has Trump cold. He even confirmed that he masqueraded as “John Miller” and “John Barron” under oath in a lawsuit, and forensic experts have confirmed the voice is Trump’s. Never mind. Now he’s not under oath, so he’s denying it all. Trump  hung up on two Washington Post reporters when they asked him this afternoon about  masquerading as his own publicist in interviews and he lied directly to USA Today, saying: Continue reading →

Facebook Manipulation, Ben Rhodes And Hillary’s Tech Minion’s Missing Emails: Seeking A Path To Objective Analysis (PART 2 of 2)

/ Jack Marshall / 15 Comments

suspicion

In Part I I examined the considerations involved in assessing whether the Ben Rhodes affair, which I also discussed here, is factual and justifies dire conclusions about our government.

Part Two will attempt to objectively assess the two other news stories that seem to compel progressives, in full confirmation bias mode, to deny, ignore, or trivialize, and conservatives, also driven by bias, to take as proof that conspiracies are afoot. Those stories both come down to suspicion and trust:

  • The claims from former Facebook employees that they were directed to suppress news stories of interest to conservative readers from the social network’s “trending” news section, while pushing stories with positive implications for progressive readers.
  • The State Department’s revelation that it can’t locate Bryan Pagliano’s emails from the time he served as Secretary of State Hillary Clinton’s senior information technology staffer during her tenure there.

First, the Facebook charges. From the Gizmodo “scoop”:

“Several former Facebook “news curators,” as they were known internally, also told Gizmodo that they were instructed to artificially “inject” selected stories into the trending news module, even if they weren’t popular enough to warrant inclusion—or in some cases weren’t trending at all. The former curators, all of whom worked as contractors, also said they were directed not to include news about Facebook itself in the trending module.

In other words, Facebook’s news section operates like a traditional newsroom, reflecting the biases of its workers and the institutional imperatives of the corporation. Imposing human editorial values onto the lists of topics an algorithm spits out is by no means a bad thing—but it is in stark contrast to the company’s claims that the trending module simply lists “topics that have recently become popular on Facebook.”

And, like a typical newsroom, Facebook’s bias is heavily weighted to the left. The Senate has announced that it is investigating news manipulation at Facebook, though I can’t see on what theory.

Facebook unequivocally denied the charges, saying in part,

“Facebook does not allow or advise our reviewers to systematically discriminate against sources of any ideological origin and we’ve designed our tools to make that technically not feasible. At the same time, our reviewers’ actions are logged and reviewed, and violating our guidelines is a fireable offense.”

Leaving aside confirmation bias and eschewing the six reactions to such stories I listed in Part I (I don’t believe it, AHA! I knew it!, So what?, ARGHHHH! We’re doomed!, Good, So how did the Mets do today?), we’re left with a “he said/they said” controversy that is either a stalemate, with the default judgment having to go to the side that actually has the guts to reveal its name, or a case of “Who do you trust?”

Does this seem like something Facebook would do? Well, let’s see, Facebook already admitted that it had performed unwilling experiments on random users to see if it could manipulate their moods. Facebook was credibly accused of restricting users from access to 30,322 emails and email attachments sent and received by Hillary Clinton during her tenure as Secretary of State.  Last month, a report found evidence of  Facebook censorship on pro-Trump and negative Hillary news, and a Facebook employee’s question about whether Facebook should actively take measures to impede Donald Trump was discussed here.  Facebook founder and CEO Mark Zuckerberg is a big Democratic donor. Facebook’s fellow social media giant Twitter has been censoring some high-profile conservative users lately.

Gee, are there any reasons not to trust these people? Continue reading →