Worse Than A Mere “Unethical Quote,” Lawrence O’Donnell’s Rationalization For Theft Marks Him As An Ethics Corrupter

MSNBC’s Lawrence O’Donnell has all sorts of red flags in his resume. He went to Harvard for one thing, and describes himself as a “European socialist.” At Harvard you can’t major in journalism: you work on the daily paper, The Crimson. O’Donnell didn’t do that: he wrote for the fake news satirical student publication, the Lampoon. O’Donnell became an openly biased and agenda-driven MSNBC news anchor by making TV contacts while writing scripts for TV’s imaginary leftist nirvana White House fantasy, “The West Wing.” Later he was Keith Olberman’s stand-in on MSNBC, which should tell you all you need to know.

And yet…much as I fart in his general direction, as he personifies just how vile MSNBC is and just how self-lobotomizing anyone is who uses it to get their “news,” I am shocked at the degraded character and shame-free embrace of ethical relativism O’Donnell displayed yesterday.

The big news coming out of the “Get Trump!” fiasco in Manhattan was that the prosecution’s star witness Michael Cohen, already a disbarred lawyer and a convicted perjurer, further enhanced his credibility by admitting that he had stolen $30,000 from his employer and client, Donald Trump. Here is how O’Donnell described it:

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What A Surprise! Unethical Ex-Trump Lawyer Michael Cohen Has An Unethical Lawyer

I guess that should be “another unethical lawyer,” since Trump’s disbarred fixer was previously represented by Lanny Davis, who previously spun for the Clintons.

This, however, is funny: Cohen’s current lawyer, in arguing to a judge that court supervision of his client should be terminated now thatCohen is out of prison, included three imaginary cases in his filing last month.

“As far as the court can tell,” Manhattan federal judge Jesse M. Furman, wrote yesterday, “none of these cases exist.”

Given that Cohen is Cohen and among the most unethical people with a law degree in the country, suspicion immediately was sparked that he was behind his lawyer’s fantasies. But this is the era of nascent SkyNet, and unwitting lawyers and paralegals have already been caught using chatbots for legal research, to their sorrow. Last June, for example, a federal judge fined two lawyers $5,000 for putting their names on a legal brief containing made-up cases and citations concocted by aspiring lawyer ChatGPT. The fines were widely derided as insufficient, but judges traditionally are sympathetic when lawyers misuse technology that the judges don’t understand….at least the first time around.

So maybe Cohen’s lawyer was fooled by a bot. Another possibility is that Cohen’s lawyer, Cohen-like, just cheated. I have been told by many litigators over the years that they routinely find fake cases in their adversaries’ briefs, memos and motions.

Furman has ordered Cohen’s attorney to provide copies of the three mystery decisions within a week, or provide a sworn declaration explaining “how the motion came to cite cases that do not exist and what role, if any, Mr. Cohen played in drafting or reviewing the motion before it was filed.”

Given the client, this story is as perfect a candidate for a Nelson as I could imagine.

The Absurd Dark Star Of The Latest “Get Trump!” Ethics Train Wreck

For the record, the official Ethics Alarms title for the now nearly full-speed second-wave ethics train wreck emerging—again!—out of the biggest and longest-running ethics train wreck of them all (unless you count the Trayvon Martin-George Zimmerman Ethics Train Wreck, which you probably should), the 2016 Post-Election Ethics Train Wreck, is the Stormy Daniels-Donald Trump Prosecution Ethics Train Wreck. I was going to do a full review of the all-star list of current passengers thus far— Trump and Daniels, of course; Manhattan District Attorney Alvin Bragg, George Soros, Senator Elizabeth Warren and all of the Democrats foolish enough to shatter the rules of ethics estoppel by bleating “No one is above the law!,” the cheerleading mainstream media, Ron DeSantis, Kevin McCarthy, Rand Paul, Rachel Maddow—assuming that the indictment would come down today and Trump would be arrested.

But it did not, and he wasn’t. (You would think, wouldn’t you, that after specializing himself in deliberately changing his plans once the news media engaged in what Ethics Alarms calls “future fake news” and announced that he was about to do something outrageous, Trump wouldn’t fall into the same trap by announcing that his arrest was imminent.) Instead, this post will focus on the Manhattan’s Democrats’ current “Get Trump!” Javert’s “star” witness, the ridiculous, slimy, reptilian, formerTrump fixer, Michael Cohen.

It was in 2015, back when I assumed that there was no way on earth sufficient numbers of Americans would be reckless enough to vote for Donald Trump in a primary, never mind an actual election, I first discussed Trump’s lawyer-fixer, Cohen in a Rhode Island legal ethics seminar, using him as an example of the archetypal untrustworthy lawyer, and declaring Trump as foolish for employing someone so clearly dishonest as well as incompetent. It wasn’t hard. Cohen had just given an interview in which he made the legally wrong claim that it was legal for a husband (in that case, Trump) to rape his own wife. Then he threatened The Daily Beast, saying…

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Sunday Ethics Reflections, 9/13/2020: “Hold On To Your Butts!”

1. Our aspiring leaders:

  • A 31-year-old female deputy and 24-year-old male deputy were shot while sitting in their patrol car at a Metro rail station in Compton, California. Protesters gathered outside the emergency room at the hospital where they were treated. The sheriff’s department found it necessary to tweet:  “To the protesters blocking the entrance & exit of the HOSPITAL EMERGENCY ROOM yelling “We hope they die” referring to 2 LA Sheriff’s ambushed today in #Compton: DO NOT BLOCK EMERGENCY ENTRIES & EXITS TO THE HOSPITAL,. People’s lives are at stake when ambulances can’t get through.” President Trump tweeted in response to the shooting:

Incredible: flat learning curve. After all the uproar about calling people “animals.” And if the shooters are minorities…The only one who can lose this election for President Trump is President Trump.

  • The Times of Israel reports, based on a recording of a virtual fundraiser, that Joe Biden said that the recent development of Arab states normalizing relations with Israel was “something positive” President Trump is doing “accidentally.”

Stay classy, Joe. To be fair, that has been the narrative of the Democratic Party/”resistance”/news media alliance for four years: if something goes wrong, it is the President’s fault; if something goes right, it’s either wrong anyway because Trump is responsible, or it’s just luck or an accident.

2. And now, from the world of sports! Continue reading

Sunday Ethics Warm-Up, 7/5/2020: Post-Fourth Hangover Edition

Except it’s not alcohol, it’s all the anti-America agitprop that has me groggy…

1. One last Fourth of July resource: here is one of many annotated versions of the Declaration. Here is another.

2. The downside of paying baseball players so much. Major League Baseball is plunging forward with a season of sorts, only 60 games long and with some hopefully temporary rules, such as a universal Designated Hitter and an extra-inning stunt so revolting that I don’t even want to think about it. The players are getting a pro-rated salary, but the Players Union insisted that any player could opt out of the season for a legitimate health related reason, such as being at in a  high risk group, and collect his salary, or for ny reason, and waive his salary.

It has been fascinating to see some players decide to not play, thus leaving their teams in the lurch, because its just not worth the effort. Take, for example, Dodgers starting pitcher, fresh off of a trade by the Red Sox. He announced that he won’t be playing, and will forfeit 11 million dollars (of his usual 30 million dollar a year salary)for the privilege. Felix Hernandez, another former ace now with the Braves, also opted out, though he loses far less, since he was working on a minor league contract while trying to keep his recently declining career going. In both cases, however, the pitchers are taking a major risk, because sitting out a full season for older players often makes returning to action difficult. In addition, especially in the case of Price and some of the other opt-outs, the decision not to play harms his team and team mates. But David Price has earned about 250 million dollars in his career, and will earn another 50 million whether can pitch or not. Hernandez has already earned more than 200 million.

Love of the game? For the good of the team? Never mind. The players are motivated only by money, and once enough is in stocks and bonds, even that isn’t motivation enough.

3. Surprise! It turns out that police are necessary after all.  Any hope that a reasonable and practical answer to Question 13 (“What is the “systemic reform regarding race in America” that the George Floyd protests purport to be seeking?”) vanished when the first substantive measure embraced by the mob was “Defund the police.” That this was even floated, much less executed (as in Minneaplois and New York City) was signature significance for a level if ignorance and recklessness justifying this standard Ethics Alarms clip:

Chris Rufo explains at City Journal just how stupid: Continue reading

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

http://www.youtube.com/watch?v=w1xjwzQf7DI

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading

Ethics Warm-Up: I Wish I Were Surprised, But I’m Not

NOW what?

Quite a bit, actually…

1. Res Ipsa Loquitur #1 The Democratic National Committee has barred Fox News from hosting its Presidential primary debates. I guess the Democrats don’t want any tough questions interfering with their efforts to rig the nomination this time around.

If there was ever better proof that the Democratic Party considers the mainstream media their captive allies, I don’t know what it would be. In 2016, Republicans subjected their candidates to outright hostile questioning from CBS and CNBC journalists, and Fox treated Donald Trump as roughly as a candidate can be treated in the Republican debates. I watched all the pre-nomination debates: Fox’s Neil Cavuto was among the very fairest of all panelists, and as Fox News has correctly said in its protest about the Democratic slur, Chris Wallace, Bret Baier and Martha MacCallum, the proposed Fox News debate questioners, are at least as objective and professional as any Left-media journalists.

DNC Chair Tom Perez’s excuse for this blackball move is self-evidently dishonest: “Recent reporting in the New Yorker on the inappropriate relationship between President Trump, his administration and Fox News has led me to conclude that the network is not in a position to host a fair and neutral debate for our candidates. Therefore, Fox News will not serve as a media partner for the 2020 Democratic primary debates.” Oh, the New Yorker says so! That settles it then!

The GOP didn’t pull out of the Vice-Presidential debates in 2008 even though the NPR’s debate moderator, Gwen Ifill, had her pro-Obama book sitting at her publisher  waiting for he candidate to win. CBS wasn’t barred from hosting debates, event though David Rhodes, then president of CBS News, is the brother of Ben Rhodes, Barack Obama’s deputy national security adviser. Meanwhile, Ben Sherwood, president of ABC News, is the brother of Elizabeth Sherwood-Randall, an Obama  special assistant.  Claire Shipman, a national correspondent for ABC’s “Good Morning America,” was married to Jay Carney when he was President Obama’s press secretary. These were real, hard, conflicts of interest. The bias of the Fox News journalists is apparently based on the fact that they may run into Trump pal Sean Hannity in the lunch room.

The Democratic Party is prepared to do everything in its power to make sure the American public does not get properly informed regarding the character, skills and beliefs of its 2020 Presidential candidate, and is confident that every network but Fox can be depended upon to assist them in achieving that goal.

2. Almost certainly untrustworthy study of the week, but great for confirmation bias purposes:  According to an article in “The Atlantic,”  a survey conducted by the polling firm PredictWise that assembled a county-by-county index of American political intolerance  based on poll results determined that ” the most politically intolerant Americans… tend to be whiter, more highly educated, older, more urban, and more partisan themselves.”

That would explain the posts by my Facebook friends… Continue reading

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

Unethical Tweet Of The Month: Rep. Matt Gaetz (R-Fla)

To be fair, he’s not quite as unethical a lawyer as Michael Cohen, but then Cohen isn’t in Congress…

Hey @MichaelCohen212 – Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot…

Nice.

Gaetz sent this tweet before Cohen testified before Congress. It is witness intimidation. It is also stupid witness intimidation. Among other things, it gave Speaker Pelosi an opportunity to appear fair and responsible, by stating,

Goetz doubled down on his ham-handed “nice little family you got there; too bad if something were to happen to it…” threat by denying that he was witness tampering, telling a reporter that he was “witness testing.

This jerk is a Florida lawyer, and his bar is now investigating whether he breached the ethics rules by threatening a witness. Of course he did, and he did it on Twitter, which makes it the dumbest example of witness tampering in history.