Monday Morning Ethics Wake-Up, 7/16/2018: Punking, Molesting, Grandstanding And Obsessing

My state of mind this morning…

It’s Monday again.

1. Ethics Neurosis. I failed to get an Ethics Warm-Up or an equivalent posted this past Saturday, and still feel guilty about it after feeling guilty all weekend. This is not healthy. I had an early morning seminar to teach as well as some urgent family business to tend to afterwards, and then found myself thoroughly exhausted. I just couldn’t rouse myself to the task, then felt like I was failing my duties of diligence and responsibility.

This is especially weird, because I’m kind of frustrated over the blog these days. Traffic continues to lag, having dropped about 10% since the overheated days of 2016, and 2018 is a little behind last year, meaning that there is a goodly chance that Ethics Alarms will have negative growth two years in a row after trending up for its first seven years. I attribute the slump to Mr. Trump, as the New York Times calls him, the “resistance,” as the large bloc of progressives, including those in the news media, who have refused to do the ethical thing and let Mr. Trump be the President he was elected to be without unprecedented disrespect, sabotage  and interference from them, and the rigid polarization, social and political, the two have created among members of the public who are now crippled by hate, anger and bias.

One of my Facebook friends, in this case a real friend who has occasionally commented here, recently noted innocently that one of Melania Trump’s dresses was gorgeous, and even though he had led with a disclaimer that he did not want his observation to prompt political invective, several of his own FBF’s reacted by attacking the First Lady. One called her a “ho;” another opined that she had no soul, which is the only way she could be married to this President of the United States. I told the latter commenter to “Get help,” and he responded by declaring me a racist. This is the kind of deranged logic that has caused committed leftists from visiting here, being rational, and discussing ethics. One of our prominent and most noisy excommunicants recently wrote me  to say that since I apparently approved of “putting children in cages,” he was glad to be gone.

Maybe such individuals will be able to reason objectively again some day. I’ve got to learn to stop beating myself up if they can’t. Writing an ethics blog is too much work and responsibility to do every day when it makes me unhappy.

2. Why I don’t give a damn what the Pope thinks. I watched “Spotlight” again yesterday, the Academy Award-winning film about how the Boston Globe broke the Catholic Church child molestation scandal 18 years ago. It ends with a disturbing four screens of small type listing all of the cities in the U.S. and the world where major child molesting scandals and cover-ups had been exposed. (There have been more since.) Come to think of it, I also lost some readers here over the Ethics Alarms (correct) position that a religious organization that could allow this catastrophe to happen had forfeited its moral authority and was untrustworthy.

Then I read a prominent story above the fold in today’s Times that begins, Continue reading

I Don’t Know What You Call This, But I’m Pretty Sure It Isn’t “Honesty” Or “Integrity”…

This embarrassing cretinism is why Americans have no respect for politicians, and it is the kind of utter nonsense that explains how a non-politician was able to win the Presidency. It also makes me giggle, I must confess, in light of the serious statement of late by a generally  perceptive commenter  here that “only one party plays by the rules,” meaning Democrats.

Sure.

Over the Fourth of July, Democrats indulged their more deranged radical base by encouraging calls to “abolish ICE.” The motto is a direct challenge to common sense, national security, national integrity, sovereignty, oh, lots and lots of things, but you know: “think of the children,” the President is a Nazi, all of that. Hey, politics is only about figuring out how to govern effectively and responsibly, so why not encourage policy insanity, if it lets “the resistance” blow off steam between episodes of harassing Republicans in grocery stores and restaurants?

Former Presidential candidate Sen. Bernie Sanders, I-Vt., attacked the U.S. Immigration and Customs Enforcement  as being a part of a “cruel, dysfunctional immigration system.”  Kirsten Gillibrand, D-N.Y. said that ICE “has become a deportation force” which should be abolished. She was joined by New York City’s socialist mayor Bill de Blasio, who called the agency “broken” and “divisive,” and tweeted that it should be abolished. Then the grandstanding Democrats really got carried away in their dishonest political science fiction theater: some of them actually submitted a bill to abolish ICE. The Establishing a Humane Immigration Enforcement System Act was introduced this week by Reps. Mark Pocan (D-Wis.), Pramila Jayapal (D-Wash.) and Adriano Espaillat (D-N.Y.), and was instantly supported by major Democratic Party leaders  like Sanders, Gillibrand, Senators Elizabeth Warren and Bernie Sanders, as well as the party’s’ new rock star, House candidate Alexandria Ocasio-Cortez.

And what did those mean old Nazi Republicans do to squash the illegal immigration lovers’ efforts? They announced that they will let the insane bill  go to the floor for a vote, thus forcing Democrats to go on record as opposing the enforcement of immigration laws, which the overwhelming majority of American citizens (aka “voters”) support.

The shocked response of the Democrats, having set a trap and fallen into it was priceless. They did a swell imitation of Jackie Gleason as Ralph Kramden, when he was caught in one of his foolish schemes…

On the day after the GOP agreed to put ICE’s existence to a vote, the always risible Ted Lieu (D-Cal) insisted that “Abolish ICE!’ was never meant to be a cry to abolish ICE. “Democrats who have said this are not saying abolish ICE and do nothing,” he humina-ed. “They’re saying we should have a new agency that has principles and values more consistent with what the American people believe.”  Ah. So Democrats saying that they wanted to abolish Immigration and Customs Enforcement really want Immigration and Customs laws enforced! Thanks for clarifying that, Ted, you pathetic weasel.

But Lieu was instantly outdone by the double-talking sponsors of the bill.  Reps. Mark Pocan of Wisconsin, Pramila Jayapal of Washington and Adriano Espaillat of New York—the Three Open Borderskateers who launched the faux  bill, told The Hill, 

“We know Speaker [Paul] Ryan is not serious about passing our ‘Establishing a Humane Immigration Enforcement System Act,’ so members of Congress, advocacy groups, and impacted communities will not engage in this political stun.If Speaker Ryan puts our bill on the floor, we plan to vote no and will instead use the opportunity to force an urgently needed and long-overdue conversation on the House floor.”

Interesting theory. If the Speaker “isn’t serious” about passing a Democratic bill up for a vote, then it’s not a real bill? Not a good bill? Not a statement of Democratic policy?  Said House Majority Whip Steve Scalise (R-La.), admirably suppressing a grin,  “I think everyone ought to be on record about where they stand on that issue.”

You see, and I know you can see, the Democrats who were calling for the abolishment of ICE were posturing, faking, lying. They were faking their indignation, and pandering in the certainty that they would never have to back up their words with actions.

Snarks Ann Althouse: “This story is the perfect illustration of the phrase ‘It’s all politics.'”

That’s a nice way of describing it.

Morning Ethics Warm-Up, 3/25/18: “March For Our Lives” Hangover Edition

Good Morning!

1 Exploitation carnage. I feel so sorry for David Hogg. No teenaged male so obviously locked into the arrogation asshole stage of the maturation process, should be exposed to public scrutiny like this. His intemperate and foolish rhetoric will haunt him for the rest of his life. He will either be humiliated when his brain cells kick in, or he will develop into a full-fledged monster. What if he wants to go in a different direction in his life and career? I wouldn’t hire him. Who would? He’s restricted to left-wing activists until he changes his name or does a high-profile mea culpa and goes on a reinvention tour. Celebrity, as Paul Petersen has spent his life trying to teach us, is disastrous for kids; never mind: the cynical, ruthless partisan operatives who made Hogg into their weapon and shield don’t care about him, just the momentary political advantages he represents. When he is chewed up and spit out, as he certainly will be, they will have forgotten his name.

2. A half-Fick sighting! A (she says) transgender woman who calls herself “Lauren” on Twitter claimed to be drugging attendees of a conservative conference in Phoenix, Arizona yesterday, tweeting

“I love my job at the phoenix convention center starbucks and i love slipping my spare estradiol pills in the coffee of anyone wearing a #WesternConservativeConference lanyard.”

Morning Ethics Warm-Up, 3/18/18: McCabe, Brennan, And “Fighting Joe” Hooker

Good Morning!

1 McCabe Ethics. If you want a starting place to find smoking guns regarding the stunning bias of the mainstream media, one need look no further than the overwhelming sympathy being expressed for Andrew McCabe, the senior FBI official just fired by AG Jeff Sessions.

 Justice Department Inspector General Michael Horowitz concluded that McCabe misled investigators about his role in directing other officials at the FBI to speak to “The Wall Street Journal” regarding his involvement in a public corruption investigation into the Clinton Foundation. Horowitz’s report on McCabe was referred to the FBI’s Office of Professional Responsibility and the career officials there recommended McCabe’s termination.That means McCabe had to be fired. I never had a job in which I wouldn’t have been fired if an internal investigation showed I had lied on the job. Have you? In a law enforcement job, this is an even worse offense. Firing for cause is virtually mandatory. Of course it is. But here, for example, is “The Atlantic”:

“Andrew McCabe, a former acting and deputy FBI director who had drawn the ire of President Trump, was fired by Attorney General Jeff Sessions late Friday evening, a decision that raises troubling questions about the independence of both the Justice Department and the FBI.”

What? It raises no “troubling questions” at all! McCabe had to be fired. The fact that the President had criticized him is 100% irrelevant. He would have had to be fired if the President said he was the salt of the earth. He would have to be fired if the President said he was the spawn of Hell. McCabe lied. The internal investigation said so. He was fired. Good.

There were plenty of other reasons to be suspicious of McCabe. NBC News reported,  for example, that when McCabe’s wife, Jill, ran for the state Senate in Virginia in 2015, she accepted a donation from a political action committee controlled by then Virginia governor Terry McAuliffe, one of the Clintons’ closest allies. Then, in 2017, McCabe became a key official in the investigation of Hillary’s e-mail tricks. He should have recused himself: it’s called the appearance of impropriety. James Comey should have forced him to recuse himself. Never mind: the lies alone were enough to mandate a firing.

The news media, many believe (including me), support McCabe because he was a source for leaks—in other words, he violated the law and legal ethics to pass along confidential information. For that, if it could be proven, McCabe ought to be disbarred and prosecuted.

To read my progressive Facebook friends’ rants, as their IQ and integrity declines further every day, the current outrage is over the fact that McCabe was fired a mere day before he could take early retirement. Again, good. A high-ranked FBI official who lies on the job must be fired, not allowed to escape accountability by retiring. Once he retired, the only recourse for the Justice Department would be to indict him. It doesn’t matter that he was a day away from retiring. So what? What if he was a month away? A year? A minute? He lied. He deserved to be fired, not to be allowed to retire. The quick retirement dodge was how the Obama Administration justified letting IRS officials that criminally misused the agency for partisan warfare escape accountability.

2. And this is why the President of the United States shouldn’t tweet like a junior high school student, or like Larry Tribe  Here is former CIA Director John Brennan’s tweet in response to McCabe’s firing”

When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history. You may scapegoat Andy McCabe, but you will not destroy America…America will triumph over you.

It is unprofessional, uncivil, misleading and unethical. However, when the President of the United States’ daily habits make such tweets a Presidential norm, this is what you get: not just a Nation of Assholes, but a government of assholes.

Kudos to journalist Sharyl Attkisson for tweeting the perfect response to Brennan’s thuggishness:

“A guy like this would never misuse intel or his authority—would he?” Continue reading

Ethics Dunce: Donna Brazile, But Not For The All The Obvious Reasons…

“Now, it’s my understanding that as a CNN contributor, you won’t make me follow any of that ethics crap, right, Jake?”

In her new book, “Hacks: The Insider Story of the Break-ins and Breakdowns That Put Donald Trump in the White House,” Suddenly Ethical Donna Brazile takes a moment  to slam Jake Tapper because he harshly criticized her after a leak reveealed that she had used her CNN position to procure debate question and pass them along under the table to Hillary. (Of course, if Clinton had any integrity, she would have refused—what am I SAYING?).

She wrote,

“The next day, even Jake Tapper took a swing at me, calling me unethical and ‘journalistically horrifying’ during a radio interview with WMAL even though I worked for CNN as a commentator not a journalist.When I called him on this, he did not apologize. His attack on me was really about him. He wrote in an email, ‘I don’t know what happened here except it undermines the integrity of my work and CNN … you have to know how betrayed we all feel.”

OH! Donna was a contributor, not a journalist! That changes everything! So as an individual who was contributing to a journalism product, as well as paid to do so, and being relied upon by journalists in a journalism-supplying entity to inform their audience honestly regarding what journalism covers by definition, Brazile as a paid contributor should not have been expected  not required to tell the truth, be fair, maintain standards of integrity, state her biases and conflicts up front, or indeed engage in ethical conduct at all!

Is that the new definition of what “contributor” means? Boy, I think CNN needs to clarify this; I always assumed that if a network employed a “contributor,” that individual was being presented as someone who would be held to the same standards of professionalism as other on-screen employees. Continue reading

But…But… It Doesn’t Mean He’s Not A Good Lawyer!

RIP, Snoopy.

This is a fascinating example of the legal community’s incomprehensible standards regarding who is and who isn’t fit to practice law.

In New York,  the bar took away lawyer Anthony A. Pastor’s license after he violently killed his girlfriend’s poodle “Snoopy.” See Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017).

An autopsy revealed that Snoopy  had nine broken ribs, a crushed kidney and massive internal bleeding, all at the hands of Pastor.

In disbarring Pastor, [ Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017)], the court noted that the sentencing judge’s comments that the respondent’s conduct “‘showed almost incomprehensible violence, and malice,’ that the dog was in ‘excruciating pain’ up until she lost consciousness while respondent ‘sat down at his computer in the most cold-blooded manner, and went to work, knowing that the dog lay dying, . . . on the floor behind him.’”

Nice.

But what does it have to do with whether the creep is a competent, honest, trustworthy lawyer?

Again I note that John Edwards never faced discipline for his massive deceptions and machinations, while his wife was dying of cancer, and while he was running for President. This conduct directly implicated trust and character, yet the refrain of Edwards’ colleagues was that his deceptions and cruelty, while clearly unconscionable, did not involve the practice of law, and thus did not preclude Edwards continuing to be regarded as a trustworthy lawyer. Are they kidding? I wouldn’t trust John Edwards to mail my water bill. Still, I hear this argument all the time in my legal ethics classes. One hypothetical is about a law partner who is caught cheating at poker in a regular game among fellow attorneys. Does that conduct mandate reporting him to the bar for discipline? Most lawyers say no.

They are wrong. Continue reading

Fake Legal Résumé Ethics

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading