Unethical Quote Of The Week: Law Professor Orin Kerr

“If I understand the history correctly, in the late 1990s, the President was impeached for lying about a sexual affair by a House of Representatives led by a man who was also then hiding a sexual affair, who was supposed to be replaced by another Congressman who stepped down when forced to reveal that he too was having a sexual affair, which led to the election of a new Speaker of the House who now has been indicted for lying about payments covering up his sexual contact with a boy. Yikes.”

Prof. Orin Kerr on The Volokh Conspiracy.

Hatert as coachI thought more highly of Prof. Kerr, who belongs to the left end of the group of provocative libertarian legal scholars who make up the commentariat on the erudite blog, recently annexed by the Washington Post, than to believe him capable of abusing his authority with this kind of hackery. He is endorsing  the deceitful “logic” of Hustler publisher Larry Flynt.

Well no, Professor, I guess you don’t understand history properly, or government, or ethics for that matter. Clinton was not impeached for lying about a sexual affair, though that was the tactical spin placed on the impeachment by Clinton’s defenders.

Bill Clinton  was impeached for lying about a sexual affair under oath, before a judge, in court, an act that would get you, as well as any other lawyer, disbarred. If you don’t obey the law enough to be a lawyer, you don’t respect the law enough to be trusted to defend the laws of the land as President of the United States. He was also impeached for lying to a grand jury, another crime, and using his high office, his appointees and his staff to cover up his lies, which is obstruction of justice.

He was also impeached because he was President of the United States, the role model and exemplar for good citizenship, lawfulness and good behavior for the entire nation, and because the relationship in question occurred during his tenure in office, during the working day, and  with a low-level employee in violation of the principles under lying the sexual harassment law he had signed into law himself.

None of this was true of Newt Gingrich, Bob Livingston, and Dennis Hastert, the three GOP Speakers Kerr is referring to. Continue reading

Look! There Is Hope! Sometimes The System Actually Works!

hallelujah

The 8th Circuit Court of Appeals rejected the absurdly lenient prison sentence given to an Iowa police officer who brutally beat a man without cause, then filed a false police report accusing his victim of attacking him. Mersed Dautovic had been sentenced to just 20 months for the attack after a four-day trial in which a Des Moines jury found him guilty of using excessive force and obstructing justice.

Though the sentencing guidelines called for a range of 135 to 168 months, the trial judge sentenced sentenced Dautovic to only 20 months in prison.
A three-judge panel on the 8th Circuit found this to be a “substantively unreasonable” punishment for Dautovic’s “egregious” conduct, which included savagely beating an innocent man, causing his victim serious and permanent bodily injury, then writing a false police report that caused the beaten man and his girl friend to have criminal charges filed against them,  and offering perjured testimony against them at their trial.

“When the totality of the circumstances is considered, a variance from the guidelines range of 135 to 168 months’ imprisonment to a 20-month sentence is unreasonably lenient,” Judge Roger Wollman wrote for the court in his 14-page opinion.

Ya think?

Well what do you know…justice was done within the system!

In a case involving police misconduct!

When the cop was white,

And his victims were black!

And there were no demonstrations, riots, or looting involved!I guess that’s why you didn’t see this in the news.

_______________________________

Source: Courthouse News Service.

CBS’s “Blue Bloods”: Endorsing the Saint’s Excuse and Polk County Justice

 

Time for the department ethics training, Chief. You should sit in on it too...

Time for the department ethics training, Chief. You should sit in on it too…

“Blue Bloods,” Tom Selleck’s New York police family drama on CBS, began as a paean to the core values of public service, nobility, justice, courage and honesty as it chronicled the work and lives of three generations of the Reagan family. The Reagan men are all cops, the one female is a DA, and Selleck is the paternal Chief of Police. Based on last night’s episode, “The Truth About Lying,” series creators Mitchell Burgess and Robin Green have permitted the show’s writing staff to be infiltrated by the Dark Side in its fourth season, and now its calling cards will include the enthusiastic promotion of the abuse of power and the celebration of lying as long as it’s all for a good cause. That’s the Saint’s Excuse, one of the most deadly of the rationalizations, in which “good” people decide that they are empowered to do unethical things in the pursuit of what they believe are worthy goals. The Saint’s Excuse is something of a theme in the United States these days. Now “Blue Bloods” is making sure popular culture spreads the word.

The episode, which you can watch here, was ostensibly about Selleck’s Chief’s efforts to foil the city’s newly appointed “inspector general,” installed in the wake of a “ripped from the headlines” court rejection of an effective “stop and frisk” program by New York’s finest. Continue reading

Encore: “The Ethics of Letting a Lying Defendant Testify”

"Objection! The defendant's pants are clearly on fire!"

“Objection! The defendant’s pants are clearly on fire!”

I’m in Ohio today, talking about legal ethics with a large law firm, and the discussion there turned to the difficult problem of the lying criminal client. Here is a post on the topic from the early days of Ethics Alarms, slightly updated, and the disturbing thing is that we are no closer to finding a satisfactory and ethical solution to the problem.

What do you do when your guilty client wants to claim he’s innocent in the witness chair, under oath? Continue reading

Let’s Be Clear: President Clinton’s Conduct Was WORSE Than Anthony Weiner’s

This won’t make some people happy, but it is true.

Who's more unethical? It's no contest.

Who’s more unethical? It’s no contest.

I always feel like Michael Corleone at times like these: just when I think I am finally through with having to point out the miserable ethics record of Bill Clinton, he (or his shameless supporters) puuuull me back …

The New York Post is reporting that…

“Bill and Hillary Clinton are angry with efforts by mayoral hopeful Anthony Weiner and his campaign to compare his Internet sexcapades — and his wife Huma Abedin’s incredible forgiveness — to the Clintons’ notorious White House saga…’The Clintons are upset with the comparisons that the Weiners seem to be encouraging — that Huma is ‘standing by her man’ the way Hillary did with Bill, which is not what she in fact did,’ said a top state Democrat…’The Clintons are pissed off that Weiner’s campaign is saying that Huma is just like Hillary,’’ said the source. “How dare they compare Huma with Hillary? Hillary was the first lady. Hillary was a senator. She was secretary of state.'”

My reaction to this?

Good!

Karma’s a bitch. Continue reading

The Ethics Corrupter-In-Chief

I wanted to stay far, far away from commenting on the Democratic National Convention in Charlotte, because I knew that the double standard of media scrutiny of the deceit and dishonesty there ( in contrast to the media’s adversary stance during the Republican convention) would drive me to drink if I thought about it long enough to write coherently. And so I shall stay away, except for this one infuriating topic, which is broader and more significant than the convention itself.

No political party that cares sufficiently about the ethical values of integrity and honesty, as well as responsible leadership, would feature Bill Clinton as its “rock star” speaker. That the Democrats did, and that the media and the public generally gave them a pass for doing so, confirms that Clinton’s corrupting influence on the American culture continues. Recent polls indicate that he is the most popular political figure in the country today, and Democrats will no doubt cite that as justification for inviting him to speak. To the contrary, it shows the damage that he has done to the values of the nation, and how wrong the Democratic party has been to aid and abet that damage.

Bill gave a good speech, as he usually does. There is no way to know how much of it he believes or meant, for Clinton is a recreational liar: he likes lying. He’s good at it, and he does it at every opportunity. In 2008, on The Ethics Scoreboard, the slower and more formal predecessor to this blog, I made Clinton the first (and as it turned out, sole) admittee to the David Manning Liar of the Month Hall of Fame, writing in part that… Continue reading

Fast and Furious: AG Holder’s Ethics Train Wreck

Let’s get a few things settled.

If you look closely, you can see Eric Holder in his engineer cap.

Fast and Furious is a true scandal, not a trumped-up distraction, just as Watergate wasn’t a “third-rate burglary.” When the U.S. government intentionally allows laws to be broken, secretly seeds violent crime in a neighboring country and gets both foreigners and Americans killed as a result, that’s a scandal any way you cut it. The U.S. Congress has an oversight role to play after such a fiasco, and getting to the bottom of what went sour is its duty, regardless of how much enjoyment partisan Congressmen appear to have making Administration officials sweat. Any politician or member of the media who suggests otherwise is trying to manufacture a cover-up and intentionally misleading the public. The mantra that “this is a waste of time when Congress should be doing the nation’s business” was used by Republicans during Watergate, Iran-Contra, and the Valerie Plame affair, and by Democrats during Whitewater, Lewinsky, and now, as Fast and Furious is finally bursting out of the hole of obscurity where the biased media tried to stuff it. A badly managed, law-breaking Justice Department isn’t trivial, and when utterly stupid, reckless operations like Fast and Furious come to light, it is essential that there be full disclosure and accountability. The voices trying to bury this scandal do not have the best interests of the United States or the public at heart. Let’s start with that.

Fast and Furious was so jaw-droppingly dumb that its very stupidity is almost a boon to defenders of Attorney General Holder’s department, since the normal reaction to such facts is that some crazy Republican must have made up the whole thing. Unfortunately, this really happened.  In 2009, the US government allowed Arizona gun sellers to illegally sell automatic weapons to suspected criminals. Then ATF agents (Bureau of Alcohol, Tobacco, Firearms and Explosives)  were directed to  allow the guns to “walk” across the border and be delivered to the Mexican drug cartels. The House Oversight Committee’s report explains, “The purpose was to wait and watch, in hope that law enforcement could identify other members of a trafficking network and build a large, complex conspiracy case…. [The ATF] initially began using the new gun-walking tactics in one of its investigations to further the Department’s strategy.”

Gee. What a great plan! What could possibly go wrong?

Oh, only everything.

1,608 weapons ended up in the bloody hands of Mexican criminals. The ATF lost track of them, until they turned up at shootings and crime scenes. Many Mexicans, though we don’t know how many, died from being shot by the planted guns, and when a US federal agent, Border Patrol Agent Brian Terry, was killed by one of them in battle with drug-runners, the fiasco became public. (ATF whistle-blower also helped.) In a sensible, fair, ethical system, the next steps would follow like Summer follows Spring:

  • The news media would give the story major coverage  and do its own, unbiased, competent investigation.
  • The Administration would express horror and regret, and set about its own internal investigation.
  • Both parties of Congress would aggressively seek answers, and make certain that systemic failures were exposed and responsible individuals were identified.
  • Those responsible would resign or would be fired.

But we do not have a sensible, fair, ethical system, at least as it is currently functioning. As a result, the Fact and Furious mess has become an ethics train wreck that appears to be gathering steam. The evidence so far: Continue reading

Roger Clemens Was Acquitted, Not “Vindicated”

The first ethics breach is the utter incompetence of reporters who nonetheless are permitted to go on the air and mislead the public. A jury acquitted baseball great Roger Clemens  of 6 counts of perjury today, and I have just screamed in my car, frightening Rugby (my Jack Russell Terrier), after hearing three reporters on three radio stations say that Clemens was “vindicated.”

Incompetents. Ignoramuses. Continue reading

Introducing “The Hollinger Awards”…and the First Recipient, Susan Cole

The Original Hollinger

Every year, the Darwin Awards amuse us, in a blackly humorous way, with tales of people who improve the gene pool by getting themselves killed through acts of stunning stupidity, often seasoned by exquisite irony. To take a random example from 2011, Phil Contos was participating in a helmet-less high-speed motorcycle ride when he crashed and suffered fatal brain injuries. His brother was quoted as saying that Phil would do it again, too—and I’m sure he would.

A story out of Denver made me realize that faulty or entirely absent ethics alarms work in a similar way to ensure that the most shamelessly unethical among us get their just desserts. Such individuals are so lacking in comprehension of what is wrong with their conduct that they can’t resist publicizing it, thereby revealing themselves as blights on their communities and workplaces, and attracting appropriate treatment in response. Searching for an appropriate name for the ethics version of the Darwin Awards, I was irresistably drawn to Jeremy Hollinger, the Mobile, Alabama special ed teacher who last year mocked his challenged fourth graders on Facebook, and, for good measure, posted a photo of himself wearing one of his student’s protective helmets and making a moronic face. (Or, come to think of it, maybe that’s Jeremy’s normal face.) Thus I am dubbing the new distinction The Hollinger, and give the very first one to Susan Cole. Continue reading

Attorney General Holder, Fast and Furious, and Congressional Perjury

"Oh, NOW I see where the confusion is...AG Holder thought the Congressman was asking about when he saw the MOVIE called 'The Fast and Furious.' It's an honest mistake. The Attorney General loves his Netflix!"

It is looking increasingly likely that Attorney General Holder lied to Congress on May 2, 2011, when he was asked by House Oversight Committee Chairman Darrell Issa about when he knew about the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Fast and Furious gun-running fiasco. In this he is following a grand tradition among U.S. Attorney Generals: the last one, Bush crony Alberto Gonzalez, almost certainly lied under oath to Congress too.

Fast and Furious was a botched gunrunning enforcement operation in which illegal guns that the Bureau of Alcohol, Tobacco, Firearms and Explosives intentionally allowed to be smuggled into Mexico ended up being used to kill an Immigration Customs Enforcement agent and a U.S. border patrol guard.  Holder was called before Issa’s committee in a typical “what did the top guy know and when did he know it?” inquiry. In response to the latter part of that question, Holder told the Committee that he was “not sure of the exact date, but I probably learned about Fast and Furious over the last few weeks.”

CBS and Fox News have uncovered a series of e-mails and memos that show unequivocally that this was not true. Continue reading