personal conduct

Morning Ethics Warm-Up, 10/10/19: Omar, Warren, Clinton, And Urinals

/ Jack Marshall / 38 Comments

Good morning!

Yesterday I had completed a 3-hour Ethics CLE program for a distinguish national law firm’s D.C. office, aided by my sister, retired justice Dept. and HHS attorney Edith Marshall. (This time, her role was to lead the attendees in the chorus section of my legal ethics parody of “Trouble in River City” from “The Music Man.”) I knew that I should have gotten some posts done when I returned, but a) I was exhausted and b) there were two Game Five play-off games to watch. Sometimes, baseball comes first. Priorities! Congratulations to the St. Louis Cardinals for an upset win over the Braves, whose horrible fate of giving up ten runs in the first inning I wouldn’t even wish on the Yankees. Imagine knowing you have lost before your team even gets up to bat, and that you’re in front of the home team fans who will have to suffer through three hours of slow, inevitable humiliation. Ugh. The Braves lost with as much dignity as possible in such a hopeless situation. And congratulations to the resurgent Washington Nationals, who came back from a late  deficit to tie the game in the eighth, and then won on a grand slam in the tenth. They are now headed to the seven game play-off to determine who represents the NL in the World Series, the first time a Washington, D.C. team has been this close since 1933. D.C. really needed this.

1. Should it matter? Minnesota Fifth District Rep. Ilhan Omar, she of “The Squad” fame (or infamy)  has filed for divorce from husband Ahmed Hirsi, whom she only married last year, though he is the father of her three children. Omar’s petition for dissolution of her marriage has been posted online here. Our sole Somali Muslim House member previously was married to  Ahmed Nur Said Elmi, who appears to be her brother and whom she married to perpetrate a citizenship fraud in 2009. Omar legally dissolved that marriage in 2017. There appears to have been a period where she was married to both men. Omar has never given a straightforward explanation for her tangled domestic affairs.

Should any of this matter? These things really do constitute “personal, private conduct,” unlike the workplace misconduct that the enablers of Bill Clinton tried to defend by using that term. If Omar did perpetrate a fraud, however, or was married to two husbands, those are very relevant to her fitness to serve as a law-maker. Continue reading →

A New “Don’t Ask, Don’t Tell” For Conservative Politicians? You Wish, Jennifer Rubin…

/ Jack Marshall / 63 Comments

creationismOne of the Washington Post’s rare conservative columnists has a solution for GOP candidates and office holders whose views on some subjects are likely to make them targets of furious criticism: refuse to express them. She writes in her latest column:

“Not everything is a political issue, nor one on which politicians have any particular insight. Candidates are not asked their views on divorce, for example. Each state has laws on the topic, and one’s religious views aren’t a topic for public debate. It is not (and shouldn’t be) asked of nor answered by politicians…Creationism? Unless you are running for school board and intend to be guided by your religious convictions, it does not matter. Born again? None of my business.

“…[Q]uestions about creationism, gay marriage, the nature of homosexuality and other value-specific questions serve no purpose other than to provide targets for faux outrage. These questions are designed to divide the population into believers and nonbelievers, between those who share the same cultural touchstones and those who differ.

“If a topic has no relevance to public policy or character or fitness to serve, why ask the question and why answer it? We aren’t electing pastors, family counselors or philosophers; we’re electing politicians whose job description and qualifications don’t include a great many topics. If we are heading for a more tolerant society, we have to agree to disagree on some issues and to respect some realm of private opinion and faith. For Republicans running in 2016, I would suggest a simple response to the sort of question intended to provoke divisiveness over irrelevant topics: “I can’t think of a single instance in which [creationism/the origin of homosexuality] would be relevant. I’m not here to sow division or take sides in faith-based debates. Let’s talk about something germane to the presidency.”

Wrong.

Incredibly wrong. Continue reading →

Just So You Know The Legal Profession Is Trying…

/ Jack Marshall / 2 Comments

The Massachusetts bar has suspended a lawyer for six months for running an advertisement on Craigslist offering to write  papers and essays for students to turn in as their own. The state Board of Bar Overseers of the state Supreme Judicial Court issued a memorandum April 1 announcing that lawyer Damian R. Bonazzoli was suspended from practice.  He also lost his job lost his job with the state Appeals Court.

Good. Continue reading →