Tag Archives: partisan bias

About Fox News’ Fake Judge

In a post on the Legal Ethics Forum, not as active as it once was but still one of the best legal ethics sites around, Legal ethicist and law professor Steve Lubet clarifies something I have always wondered about, and like a lazy slug, never investigated.

Fox News contributor Andrew Napolitano, most recently in the news for claiming that the British intelligence service GCHQ  colluded with President Obama to conduct surveillance on the Trump staff during the 2016 campaign, is always called “Judge Napolitano” during his appearances.  Lubet points out that he’s not a judge any more. Napolitano once served on the New Jersey Superior Court, but resigned in 1995 and has not held judicial office for more than two decades. It is apparently at Napolotano’s insistence that he is always addressed  as “Judge”  in Fox. His website, JudgeNap.com, refers to him as “Judge Napolitano” throughout, as does his bio on the Fox News site.

Lubet notes that The American Bar Association has held that  the use of  judicial titles by former judges practicing law is misleading and unethicalin connection with law practice.  ABA Formal Opinion 95-391 says that continued “use of the title is misleading because it may be misunderstood by the public as suggesting some type of special influence” or “to create an unjustified expectation.” In fact, said the ABA, “there appears to be no reason for such use of the title other than to create such an expectation.” Of course, Napolitano isn’t practicing law when he bloviates on Fox News, so it isn’t a Rules violation, but the Judge label is still misleading

The Ohio Rules of Professional Conduct, Lubet found,  goes further by decreeing that it is only ethical for a former judge to use the titles  “Judge” or “The Honorable” if they are preceded by the word “retired” or “former,” and the rule does not limit this caveat to ex-judges actively practicing law. Again, Napolitano is not out of compliance, because he is not subject to the Ohio Rules. That doesn’t make what he calls himself strictly accurate, or sufficiently accurate. (I confess, I have had a bias against such things ever since I suffered through a year with an insufferable  high school history teacher who called himself (and insisted that we call him)  “Dr. Arthur” because he had a PhD in history.) Continue reading

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From The Sally Yates Misinformation Files: Senator Diane Feinstein, Ethics Dunce And Incompetent Elected Official Of the Month

Biased, hypocritical and ignorant is no way to go through life, Senator...

Biased, hypocritical and ignorant is no way to go through life, Senator…

Adding to the ignorance and misinformation drowning ethics comprehension regarding the Sally Yates affair, Sen. Feinstein used her questioning of Attorney General designate Jeff Sessions this morning to misrepresent the ethical duty of that office. (I don’t have a link yet, since I just watched it on C-Span.)

First, Democratic Senator Feinstein set some kind of modern political record for gall by asking Sessions for assurances that he would objectively and independently represent the justice system and the people, and not be a “political arm of the White House.” A political arm of the White House (and the Democratic Party) is exactly what Eric Holder’s and Loretta Lynch’s Justice Department were, and the Senator knows it and never raised her voice in opposition to it for eight years! The question is a fair one, but she is estopped from asking it. Indeed, for any Democratic Senator to ask that question is tantamount to deceit, suggesting that the previous Justice Department met the standard Feinstein is demanding that Sessions acknowledge.

This is the unethical double standard mindset that Democrats have been displaying since November 8.

Following that master class in hypocrisy, Feinstein lauded the justly fired Sally Yates for embodying that ideal. Feinstein is ignorant of what lawyers do and the ethical principles their profession obligates them to follow, apparently. Continue reading

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Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics, Incompetent Elected Officials, Law & Law Enforcement, Professions, Research and Scholarship

More On The Unethical Sally Yates: Her Conflict Of Interest Deception

...and you shouldn't have accepted the job, either.

…and you shouldn’t have accepted the job, either.

Here is another ethics aspect of the disgraceful Sally Yates episode that the complicit news media isn’t covering: it was unethical for her to accept the job of acting Attorney General in the first place.

She had an apparent conflict of interest when she was offered the job. This is indisputable; it’s just being ignored by fawning partisans. Here is the applicable ethics rule of Yates’ bar and jurisdiction:

Rule 1.7–Conflict of Interest: General Rule

(a) A lawyer shall not advance two or more adverse positions in the same matter.

(b) Except as permitted by paragraph (c) below, a lawyer shall not represent a client with respect to a matter if:

(1) That matter involves a specific party or parties and a position to be taken by that client in that matter is adverse to a position taken or to be taken by another client in the same matter even though that client is unrepresented or represented by a different lawyer;

(2) Such representation will be or is likely to be adversely affected by representation of another client;

(3) Representation of another client will be or is likely to be adversely affected by such representation;

(4) The lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

(c) A lawyer may represent a client with respect to a matter in the circumstances described in paragraph (b) above if

(1) Each potentially affected client provides informed consent to such representation after full disclosure of the existence and nature of the possible conflict and the possible adverse consequences of such representation; and

(2) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.

(d) If a conflict not reasonably foreseeable at the outset of representation arises under paragraph (b)(1) after the representation commences, and is not waived under paragraph (c), a lawyer need not withdraw from any representation unless the conflict also arises under paragraphs (b)(2), (b)(3), or (b)(4). Continue reading

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Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

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From The “Double Standard” Files: Obama’s Voter ID Lie

"What? No, I think he looks just fine! He always looks fine!"

“What? No, I think he looks just fine! He always looks fine!”

This will undoubtedly be called a partisan post, and when it is, I will be ticked off. It is not partisan to object to outright lies. It is partisan to ignore and accept lies according to who the liar is. This is the bind the news media has placed itself in, and a brilliant, throbbing example occurred during President Obama’s last press conference.

Discussing his concerns about state voter ID  laws, Obama said,

“We’re the only advanced democracy in the world that makes it harder for people to vote.  It traces directly back to Jim Crow and the legacy of slavery, and it became sort of acceptable to restrict the franchise. . . . we are the world’s oldest continuous democracy, and yet we systematically put up barriers and make it as hard as possible for our citizens to vote….This whole notion of election-voting fraud, this is something that has constantly been disproved. This is fake news.”

Wait, by “this is fake news,” was the President really  announcing that what he just said was fiction? That would be very impressive, and a great new standard: imagine if the news media did that, and flagged their misleading stories!  But I’m pretty sure that he was trying to make us believe what isn’t true, and a falsehood that supports the phony narrative that efforts to ensure the integrity of elections are really racist plots. Explicates John Fund:

“All industrialized democracies — and most that are not — require voters to prove their identity before voting. Britain was a holdout, but last month it announced that persistent examples of voter fraud will require officials to see passports or other documentation from voters in areas prone to corruption…In 2012, I attended a conference in Washington, D.C., of election officials from more than 60 countries; they convened there to observe the U.S. presidential election. Most were astonished that so many U.S. states don’t require voter ID…. [O]ur neighbors require voter ID. Canada adopted voter-ID requirements in 2007 and saw them reaffirmed in 2010; they have worked smoothly since, with almost no complaints. Mexico’s “Credencial para Votar” has a hologram, a photo, and other information embedded in it, and it is impossible to effectively tamper with it. …Britain is painfully learning that it too must take steps to restore confidence in its elections. Sir Eric Pickles, a former Conservative cabinet minister, warned earlier this year, in a government-commissioned report titled “Securing the Ballot,” that voter fraud had been allowed to fester in Muslim communities because of “politically correct over-sensitivities about ethnicity and religion.” Sir Eric said that the authorities were in a “state of denial” and were “turning a blind eye” to fraud cases. Last month, Theresa May’s government responded to the problem. It announced that “endemic corruption” meant that voters in certain areas will now have to show photo identification. The government may even require people to prove their UK citizenship before granting them the right to vote.”

Continue reading

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Ethics Dunce: Madame Tussaud’s Wax Museum

 

wax-obama

Above is the current wax figure used at the museums’ various locales to represent Barack Obama. Boy, I LIKE that guy! Who wouldn’t trust THAT guy?

And here is the newly unveiled effigy of Donald Trump, just in time for his Inauguration…

wax-trump

ARRRGH!!!!

RUUUUUUUNNNNNN!!!

Nice, Madame.  Make him look as much like Mussolini, or Alec Baldwin’s ugly SNL impression as possible.

No bias there!

Just out of curiosity, I checked the museum’s representations of Hillary Clinton..

wax-hillaryclinton

(Looks just like her, don’t you think?)

and Bill…

wax-bill

(To be fair, Wax Monica is just out of the picture…)

…in comparison to that of President George W. Bush.

wax-bush

 

Hey, what’s unfair about any of those? We all know Republicans are mean and scary, and never smile, right? Democratic leaders, however, are warm, friendly and welcoming!

Shameless.

 

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Human Rights Watch Boards The Ethics Train Wreck

human-rights-watch

When a supposedly non-partisan organization behaves like Human Rights Watch has, placing a President Elect on its “human rights watch” before the individual has spent a day in office or even remotely violated any human’s rights, we should be grateful. It is a confession of bias and political motivation for all to see and remember for the future.

Yes, incredibly, the Washington, D.C-based organization prepared a  687-page World Report including a U.S. section substantially aimed at stoking the fear-mongering of the Left as a presumptive strike against the incoming executive branch of the U.S. Government.

Beginning by calling Trump’s campaign a “vivid illustration of the politics of intolerance,” the organization made hyperbolic characterizations of the campaign, which is, of course, all it has to go on. As Ethics Alarms has pointed out before, this is the equivalent of pre-crime. The group is calling Trump a human rights threat because it is looking into the future.

“Donald Trump’s election as US president after a campaign fomenting hatred and intolerance, and the rising influence of political parties in Europe that reject universal rights, have put the postwar human rights system at risk,” the group said in its statement announcing the report.  No, political campaigns, as Americans observe ruefully every election cycle,  have disturbingly little to do with what the politicians elected actually do. I’m sure Human Rights Watch knows that, but why should reality dissuade a political hit job?

What does Donald Trump have to do with political parties in Europe? He’s barely conversant regarding his own party. Never mind, never mind: the Left’s theory is that Trump is  to blame for anything and everything they don’t like, and if he hasn’t done some horrible thing yet, they know he will. And since they know he will, why wait before condemning him for it? Continue reading

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