Late Morning Warm-Up, 1/22/2020, Because I Wasted Two Hours Arguing With Trump Deranged Lawyers On Facebook, And Yes, I’m An Idiot

That’s me. The bee is Facebook…

Bah!

A really low blow (among the other low blows, like the jerk who accused me of getting all of my ideas from Drudge) came from a former commenter here, who accused Ethics Alarms of being an “echo chamber.” That truly ticks me off. If the Trump Deranged don’t have the wits or open minds to test their biases where intelligent, informed, articulate adversaries are likely to  respond, that’s not my fault, and it’s exactly what the left side of the blog’s commentariat did. They didn’t rebut the position here, proven correct, that the Justice Department’s handling of The FISA warrants were part of a dangerous effort to undermine the Trump campaign and his election: they just accused me of “drinking the KoolAid” and quit, or were insulting. They never tried to argue away the smoking gun evidence of the soft coup plans A through S that I have meticulously documents since 2016, they just act as if the current impeachment excuse is justified and offered in good faith, when it is so clearly not. It’s all denial, spin, dishonesty and mob mentality. I ended up in today’s piranha tank by pointing out to a lawyer that the the fact that Trump was intemperate at a meeting of generals was not sufficient to trigger the 25th Amendment, and that lawyers, like her, shouldn’t be misleading the public by making such lame arguments. I posted the amendment, and said that “Unable” to perform the duties of the office doesn’t mean, as she and others are arguing, “Unable to perform the duties that way she and other would prefer them to be performed” and stating that approval polls do not reflect the degree to which the impeachment charade is helping to re-elect Trump.

These are the smart Deranged. Imagine what the others are like.

1. Resistance porn. “A Very Stable Genius” is the latest “tales out of school” anti-Trump book. In this it is no different from those that have gone before, from Omarosa’s tell-all on up the ethics evolutionary scale. This one was authored by Pulitzer Prize winning journalists, so naturally the news media is celebrating it as if it is somehow different. What it is a collection of mostly anonymous accounts of people who have axes to grind and scores to settle against Donald Trump, and are violating basic professional ethics to do it. Are all of the stories true? I’m sure some are, maybe most—they don’t sound out of line with what we knew about this President before he was elected. Yet they are by very nature distorted by the theme of the book and the presumed anti-Trump bias of the book’s audience. What is so alarming about Trump’s eagerness to have a meeting with Putin?  So what if he questions why U.S. businesses shouldn’t be allowed to engage in bribery abroad, when it is the accepted norm in many countries? There’s an answer to the question, but it’s not a dumb question; in fact, its one international ethicists still debate. And do you really think Trump saying to Indian prime minister Narendra Modi,  “It’s not like you’ve got China on your border” wasn’t a joke?  Taking it as otherwise is classic conformation bias and disrespect. It sure sounds like a typical Trump joke to me. Continue reading

Ethics Round-Up, 12/18/2019: The Day Before An Invasive Procedure Edition [UPDATED]

Yuck.

Even the satisfaction of knowing that the President reads Ethics Alarms, or at least thinks like I do…wait, that came out wrong. Anyway, today I expect to be uncomfortable, hungry and distracted, so who knows what might appear here today?

You were warned.

1. The Ethics Quote of the Day comes from ex-Marine and TV talk show host Montel Williams (who was very nice to me when I was on his show), on the “scandal” of some cadets flashing the dreaded “OK” sign during the Army-Navy Game:

 

“Both West Point and Annapolis are investigating, and it strikes me as defamatory that some in the media have branded these young people as racists without a shred of evidence. I understand that a handful of racists (perhaps living in their parents’ basements) attempted to co-opt the ‘OK’ sign as a symbol of white power … but that is not evidence that these kids were motivated by racial animus. We owe these young people, who had the courage to sign up to be part of the 1% who defend this democracy, better than this,”

I would say that we owe them better than even investigating such trivia. A ambiguous gestures are ambiguous, and no student, in a military academy or anywhere else  should have to defend or explain them. The students are entitled to the benefit of the doubt.  As with the “It’s OK to be White,” flyers, the rational, responsible approach by administrators is to ignore them, rather than to make a scandal out of nothing.

When will we see the first “It’s OK to make the OK sign” flyers? Heck, I may put some up myself…

2. Nah, there’s no progressive “war on Christmas,’ and there’s no mainstream media bias, either. And CNN’s Brian Stelter isn’t the most incompetent and absurd “media critic” since the term was coined! Imagine: Stelter asked on Twitter,

“Justice Neil Gorsuch is on “Fox & Friends” right now. The Q: How is it appropriate for a Supreme Court justice to try to goose sales of his three-month-old book by chatting on one of the most partisan shows on TV?”

More “Q’s”: Would it be appropriate for Gorsuch to chat on another network, like, say, CNN? Would “wtachdog” Stelter bitch about that? What does the level of partisanship of a show have to do with whether a Supreme Court Justice should appear there? Is there any rule or precedent holding that it is unethical for a sitting Justice to promote a book? (I’ll answer that one: no.)

Stelter’s whining wasn’t close to the most contrived objection to Gorsuch’s visit to the Fox and Friends couch, though. This was: Continue reading

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading

By What Theory Is This Judge Qualified To Stay On The Bench?

How low can judicial standards of ethics go? In the 10th Circuit, apparently, pretty low.

U.S. District Court Judge Carlos Murguia of Kansas City, Kansas, is an appointee of President Bill Clinton. His sister is a judge on the San Francisco-based 9th U.S. Circuit Court of Appeals and was also appointed by Clinton.

According to the Tenth Circuit’s judicial council recent opinion following a judicial conduct investigation, Judge  Murguia gave “preferential treatment and unwanted attention to female employees of the judiciary in the form of sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact, much of which occurred after work hours and often late at night.” In other words, he is a serial sexual harasser. The harassed employees, the investigation found,  were reluctant to tell Murguia to stop his abuse because of his power as a federal judge.  One victim finally complained.  Murguia continued the harassing conduct anyway. Continue reading

The Scourge Of Technologically Ignorant Judges

The American Bar Association and most state bars have added an ethical requirement for lawyers to be competent and knowledgeable regarding relevant technology. In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . . .” Since then, at least twenty-seven states have officially adopted Comment 8 or some version of it as part of their rules of professional conduct. It’s still a long slog; many lawyers, far too many, are limited to email and Google searches, and often aren’t sufficiently adept at either.  There should be such a requirement in every jurisdiction, and the ABA language is far too vague and lenient.

Judges, however, often make lawyers look like  cyber-whizzes. Here’s a ridiculous example from Franklin Country in Washington, where superior court judges disagreed with their clerk about transitioning from paper to electronic files.  The clerk “deemed it unnecessary” to incur the expense of maintaining duplicate paper files after a paperless filing system was implemented . The judges declared an emergency (!) and issued an order directing clerks to keep paper files. One gutsy, probably soon to be unemployed clerk refused. The judges then appointed a special prosecutor to pursue civil claims against the clerk. Continue reading

The ABA’s Guidance For Judges With Potentially Conflicting Relationships

“Now now, your Honor—that’s the Plaintiff!”

This is as good an example as you’ll find of why professionals can’t and shouldn’t rely solely on the ethics rules-making bodies to solve their ethical dilemmas when they arise.

American Bar Association Formal Opinion 488 purports to tackle the persistent question of when judges must disqualify themselves in proceedings because their impartiality might reasonably be questioned because of relationships with parties. After seven pages and many footnotes,  we are enlightened that  “ a judge must disqualify himself or herself when the judge has a romantic relationship with a lawyer or party in the proceeding, or desires or is pursuing such a relationship.”
Continue reading

Somewhere, Steven Bochco Is Smiling…

In Steven Bochco TV legal dramas—the immortal “Hill Street Blues” was the best of them—everyone was sleeping with everyone else in the judicial and law enforcement system. Police chiefs were having affairs with defense attorneys, prosecutors were having affairs with judges, judges were having affairs with defendants. It was ridiculous, if entertaining, but gave an absurdly misleading impression to the gullible public about the legal system. Later, as Bochco’s star was waning, writer-producer David Kelley continued the myth with his many legal dramas

However, this is not to say that such unethical relationships don’t occasionally occur. Bochco, who died in 2018, would like this story, since he could have written it.

Alabama’s Judicial Inquiry Commission on Tuesday filed a complaint against Coffee County District Judge Christopher Kaminski, alleging that he has been carrying on a romantic relationship with an attorney who frequently practices in his court. Continue reading