1. A cultural note: there is no discernible Easter programming anywhere on TV, cable or network. Oh, TCM is playing “Easter Parade” and “King of Kings” in prime time, but that’s it. ‘Twas not always thus.
2. Speaking of TCM…Bravo for the classic movie network’s teaming with Fandango to offer big screen presentations of John Wayne’s “True Grit” in May. They could have justifiably chosen many other Westerns equally worthy or more so, like “Shane” or “High Noon.” I like to think that choosing the Duke’s Oscar winning performance is an intentional rebuke to the recent attack on Wayne’s legacy by the social media mob, a true “Fill your hand, you son of a bitch!” to the cultural airbrushers and statue-topplers.
I’ll be there, cheering Rooster on.
3. Other than journalists, have any other professionals debased themselves and their professional integrity more flagrantly that lawyers and law professors in their determination to Get Trump? This article in Slate by a law professor argues that asking or telling one’s lawyer to do something that the lawyer refuses to do—like firing Robert Mueller—can be criminal obstruction of justice. By this theory, every time a client says that he wants the lawyer to assist in an illegal act, it’s a crime. But that’s not how attorney-client relationships work. The attorney is obligated to say, when appropriate, “No, you can’t do that, and I won’t do that for you, and here’s why.” In the end, it is indistinguishable from the client asking the lawyer’s advice, because clients only have the power to order a lawyer to do a very limited number of things, like accepting a settlement.
The professor’s argument also assumes that Trump firing Mueller would be obstruction of justice. Not only is this unprovable—that would have to be his intent—the President had a perfectly good reason to fire the special counsel, just as he had good reason to fire James Comey. Mueller’s investigation had been tainted many ways, and since Trump knew he was innocent, he saw the exercise as a calculated scheme to make it impossible for him to do his job. Firing Mueller and ending the investigation would have been really, really stupid politically, but it wouldn’t be obstruction.
This, however, is how desperate “the resistance” is to bootstrap some kind of impeachment theory. Continue reading →
1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.
I’d say the opinion is unassailable for a judge who regularly performs marriages as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]
2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation. This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading →
This ridiculous story has apparently “gone viral” in some corners of social media, I suppose because it involves race (sort of), dogs, and sex. I was blissfully unaware of the whole foofaraw until a friend sent me a link.
Here we go!
In Attleboro, Massachusetts, a dog identified as a pitbill mix belonging to African-American Franklin Baxley began doing what frisky dogs sometimes do to other dogs, human legs, and pillows, to a dog belonging to Grace Sandland, who apparently freaked out. She demanded that he and his dog leave the park, and when Baxley refused, she called the police on her cell phone.
“Why are you calling the cops right now? Because I told you I wasn’t leaving the park?,” Baxley, 42, asks the unnamed woman in the video posted online. “Because my dog humped your dog?” Another women, identified as park staffer Carol Cobb, according to the Daily Mail. Cobb, took the side of the sexually assaulted dog;s owner, and is seen on the video telling Baxley that the pit bull’s behavior was “inappropriate for the dog park.”
I swear, I’m not making this up.
Sandland told police that Baxley had “verbally assaulted” her, and that Baxley’s dog wouldn’t stop humping and assaulting her dog. Baxley said that he immediately pulled his dog off of hers, but Cobb said that his dog was breaking the rules: no humping permitted. Eventually an Attleboro police sergeant arrived to the scene. No charges were filed, but Baxley has been banned from the dog park.
But wait! There’s more!
Baxley claims that the incident was sparked by racial prejudice, and took to the news media and his Facebook page to make sure everybody knew it. “If I were not black, she would not have felt threatened by me talking to her and defying her orders for me to leave the park,” Baxley told the Daily Mail. “I am a responsible dog owner, and my dog is super friendly. Anyone who goes to that park regularly knows me and will attest to that fact. The dogs were living their best lives the whole time.” The news media quickly dubbed Sandland “Dog Park Diane,” emulating “BBQ Becky,” the sobriquet affixed to a white woman who called the police on a black family grilling ribs in a public park in California. Meanwhile, Baxley began a relentless attack on Sandland on Facebook, whipping the social media mob into a frenzy. The confrontation occurred five days ago, and Baxley is still writing about it, giving interviews, and doing everything he can to ensure that Sandland is labelled a racist for life.
Back last night from a whirlwind day of ethics in NYC, and leaving today on an auto safari to Washington County, Pennsylvania, where I will address bar members to kick off their annual meeting. See Facebook? THEY don’t think I should be muzzled! Meanwhile, I will be celebrating the non-birthday of the pirate apprentice hero of Gilbert and Sullivan’s “The Pirates of Penzance,” who was, you recall, indentured to a pirate band until his 2ist birthday, and since he was born on Leap Year, legally committed to a life of crime until he was 84 years old.
1. Nah, Democrats don’t automatically default to race-baiting… Well this was certainly ugly and embarrassing. During House Oversight Committee hearing with Michael Cohen, the fallen Trump fixer accused the President of making racist comments about African Americans. Let me interject here that this was obvious pandering to Cohen’s new pals in “the resistance.” It would have no probative value as hearsay even if the speaker wasn’t testifying with his pants on fire. Thus there was no need for Rep. Mark Meadows to try to rebut Cohen by asking Housing and Urban Development staffer Lynne Patton, who is black, to silently stand before the committee to (somehow) disprove that Trump is racist. Meadows (R-N.C.) said that Patton had told him there was “no way that she would work for an individual who was racist.”
Then Rep. Rashida Tlaib (D-Mich.) characterized Meadow’s stunt as racist, saying, “Just because someone has a person of color, a black person working for them does not mean they aren’t racist,” Tlaib said. “And it is insensitive that some would even say — the fact that some would actually use a prop, a black woman in this chamber in this committee is alone racist in itself.”
“You’re one of my best friends,” Cummings said to Meadows. “And I can see and I feel your pain, and I don’t think Ms. Tlaib intended to cause you that, that kind of pain.”
Tlaib then apologized to Meadows, saying it wasn’t her intention to call him racist. She just said that what he did was racist.
2. Stop making me defend the Northam family!Gotcha! Just as Virginia Governor Northam was beginning to extract himself from the embarrassment of having to confess to being a Michael Jackson imitator via shoe polish, an enterprising black legislative page decided to nab her 15 minutes of fame by accusing Mrs. Northam of the dreaded “racial insensitivity.” It appears that Virginia’s First Lady, while narrating a tour of the Governor, triggered her my alluding to slavery.
“When in the cottage house you were speaking about cotton, and how the slaves had to pick it,” the teenaged page’s letter says. “There are only three Black pages in the page class of 2019. When you went to hand out the cotton you handed it straight to another African American page, then you proceeded to hand it to me, I did not take it. The other page took the cotton, but it made her very uncomfortable. I will give you the benefit of the doubt, because you gave it to some other pages. But you followed this up by asking: ‘Can you imagine being an enslaved person, and having to pick this all day?'”
“The comments and just the way you carried yourself during this time was beyond inappropriate, especially considering recent events with the Governor. From the time we walked into the mansion to the time in the cottage house, I did not receive a welcoming vibe.”
Ah. Now we see why Bernie Sanders was attacked by Democrats for saying that race shouldn’t matter. Mrs. Northam treated the black pages like she treated the rest, and that made this page feel unwelcome. And if Virginia’s First Lady had only given the cotton to the white pages? That would have been insensitive too, I’m sure.
To her credit, the Governor’s wife has not apologized. She responded that she has given “the same educational tour to Executive Mansion visitors over the last few months and used a variety of artifacts and agricultural crops.” Her intent is to illustrate “a painful period of Virginia history.” She said that she began last year to tell the “full story” of the governor’s mansion, including the Historic Kitchen. “I believe it does a disservice to Virginians to omit the stories of the enslaved people who lived and worked there — that’s why I have been engaged in an effort to thoughtfully and honestly share this important story since I arrived in Richmond. I regret that I have upset anyone,” she wrote, but she reiterated that she is still committed to chronicling the history of the Historic Kitchen, and “will continue to engage historians and experts on the best way to do so in the future.”
Now, if she had given the tour made up as Janet Jackson, that would have been inappropriate.
3. My own private boycott: I will not buy products that continue the coarsening of our culture by employing juvenile references to gutter language to sell their wares. Now Mr. Clean joins the list, with the ad for “his” Clean Freak Mist. Today’s TV ad screamed out “Big freaking news!” As with Booking.com’s evocation of “fucking” its ads, this is neither clever nor novel. Shrug it off if you like.Continue reading →
Or, “How’s that ‘believe all victims’ stuff working for you’?”
Last night, the ugly truth of what many had suspected was confirmed. One of the few benefits of CNN assiduously burying stories that reflect poorly on the Left, “the resistance,” progressives and their allies is that when it does report such a story, you can probably believe it…unlike, say, its speculation about the Mueller investigation. Here is the substance of the CNN report:
Two law enforcement sources with knowledge of the investigation tell CNN that Chicago Police believe actor Jussie Smollet paid two men to orchestrate an assault on him that he reported late last month. The men, who are brothers, were arrested Wednesday but released without charges Friday after Chicago police cited the discovery of “new evidence.”The sources told CNN the two men are now cooperating fully with law enforcement.
Smollett told authorities he was attacked early January 29 by two men who were “yelling out racial and homophobic slurs.” He said one attacker put a rope around his neck and poured an unknown chemical substance on him. The sources told CNN there are records that show the two brothers purchased the rope found around Smollett’s neck at a hardware store in Chicago….Smollett identifies as gay and since 2015 has played the gay character of Jamal on the Fox TV drama “Empire.”…According to Chicago Police spokesman Anthony Guglielmi, the actor told detectives he was attacked by two men near the lower entrance of a Loews hotel in Chicago. Police were told the two men yelled “‘Empire’ faggot” and “‘Empire’ nigger'” while striking him.
…One of the men has appeared on “Empire,” Guglielmi said. A police source also told CNN on Friday night that the men had a previous affiliation with Smollett, but did not provide additional details.
Following the alleged attack, Smollett’s colleagues and fans rallied around him, expressing shock and sadness. “We have to love each other regardless of what sexual orientation we are because it shows that we are united on a united front,” Lee Daniels, the creator of “Empire,” said in a video posted to his Instagram page on January 29. “And no racist fuck can come in and do the things that they did to you. Hold your head up, Jussie. I’m with you.” Smollett gave his first detailed account of what he says was a hate crime against him, and the aftermath, in an interview with ABC’s “Good Morning America” that aired Thursday. During the interview he expressed frustration at not being believed.
“It feels like if I had said it was a Muslim or a Mexican or someone black I feel like the doubters would have supported me a lot much more,” Smollett said. “And that says a lot about the place where we are as a country right now.”
Got that last part? That’s the coded and not so subtle “this is all because Donald Trump is a racist and bigot” message, making it a catalyst for the Big Lie.
I thought Nike pulling an all-white shoe because some race-baiting lunatics on social media said it was racist to offer such merchandise on Black History Month was as bad as race victim-mongering hysteria could get in 2019. Boy, was I wrong.
“In order to be respectful and sensitive the team is in the process of pulling the shoes,” a spokesperson for Perry’s shoe line said, according to The Guardian.
Working today to train a Clarence Darrow understudy for my Darrow legal ethics seminars that my original Clarence, the estimable Paul Morella, can’t fit into his schedule. I’ll be doing one such seminar in New Jersey this month. You can never have enough Clarence Darrows!
1. On the matter of corporations caving to social media mobs..here’s something completely stupid. Earlier this winter, Delta Air Lines distributed cocktail napkins with message, “Be a little old school,” in small print on the napkin, advertising Diet Coke. “Write down your number & give it to your plane crush. You never know …” There was a space on the napkin where a passenger could write down his or her name and another space for their number. The larger print said, “because you’re on a plane full of interesting people and hey,” again, “… you never know.”
The harmless stunt was condemned by some flyers on social media as “creepy,” and that was enough to spark a dual company grovel. “We rotate Coke products regularly as part of our brand partnership, but missed the mark with this one. We are sorry for that and began removing the napkins from our aircraft in January,” Delta told USA Today in a statement. Coca-Cola added: “We sincerely apologize to anyone we may have offended. We worked with our partners at Delta to begin removing the napkins last month and are replacing them with other designs.”
I think it’s creepy that I often find myself sitting next to someone on a plane who is so close I can count his or her moles, and that neither of us will say a word to each other for hours. I can’t fault Delta and Coke for trying to break the ice and encourage a more social atmosphere on planes, especially since the air travel experience has become increasingly grim and uncomfortable. I know more than one couple who owe their long marriage to a number scrawled on an airplane napkin. (Full disclosure: I once wrote a message to an attractive young flight attendant who was especially effervescent. She smiled, and I never heard a word from her.)
All attempts at human contact with strangers aren’t harassment.
2. Ew. Did the National Enquirer try to blackmail Jeff Bezos? It sure sounds like it. Bezos says that the tabloid threatened to publish “dick pics” from his social media output if he didn’t get his paper, the Washington Post, to back off from its accusation that the Enquirer’s coverage of the nasty Bezos divorce was based on political animus rather than good ol’ old-fashioned tabloid sleeziness. You can read the Bezos blog post here.
The theory seems to be that the Enquirer is doing the bidding of President Trump, Saudi Arabia, or someone or something equally nefarious. And yes, the head of the Enquirer’s publishing outfit really is named “Pecker,” and it has nothing to do with the Bezos junk shot. Bezos is apparently releasing the Weiner-like photos someone hacked from his account to foil the extortion attempt. Let’s see: a) Nothing could lower my opinion of the National Enquirer. b) Ethics Alarms subscribes to the Naked VIP Principle, which is that if you are a public figure and send pictures of Mr. Wiggly to ANYONE over the internet, you deserve no sympathy for anything unpleasant that happens to you as a result.
I don’t care if “everybody does it’ (and if everybody really is taking crotch selfies and mailing them to friends and strangers, I don’t belong on this planet any more), if you do this, I don’t want to have anything to do with you.
3. This is useful for things like the Green New Deal. From the National Review, Williamson’s First Law. “Everything is simple if you don’t know a fucking thing about it.”
4.Now THIS is rejecting the presumption of innocence. Again: the position here is that Justin Fiarfax cannot do his job while under suspicion of serial rape allegations from named accusers willing to testify under oath, and should voluntarily step down. Duke, however, is asking him to leave a board using the false principle of guilty until proven innocent and “believe all accusers” standards.
“I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been made against him,” Dean Judith Kelley wrote in an email to Sanford staff and students. “Sexual assault is abhorrent and unfortunately can occur right around us. I urge everyone to take survivors of sexual assault seriously, and to help build an environment that is safe and supportive for everyone,” she added.
Wrong. His presence does not make anyone “unsafe” because an unproven accusation has been made. Nor is it not taking sexual assault seriously to refuse to use a mere accusation to strip an accused man of his positions and honors. The board membership is mostly honorific. Duke is taking sides where it should be neutral. Continue reading →