rule of law

The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

/ Jack Marshall / 33 Comments
The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading →

An Ethics Breach That Matters: Betrayal Of The Rule Of Law And Democracy

/ Jack Marshall / 53 Comments
In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

The consensus among objective legal observers is that President Obama’s unilateral amendments to a bill passed by Congress and signed by him into law exceed his constitutional authority, are illegal, and violate his oath to “preserve, protect and defend the Constitution of the United States.” Worse, they create a precedent that endangers the nation’s freedom,  as protected by the rule of law and the system of checks and balances, by laying the foundation for more obtrusive and dictatorial acts by future Presidents, who are sure to notice that the negative consequences of this blatantly unconstitutional act were nil. The President and the executive branch shares responsibility for this dangerous and irresponsible display of autocratic lawmaking with both houses of Congress and both political parties, none of which have demonstrated either the integrity or the courage to oppose him, for varying reasons.

It is depressing and indeed disgusting that our successful democratic system of government  created out of the vision and sacrifices of so many men and women of character, ability and high ideals is being progressively undone by fecklessness, incompetence and political expediency. That, however, is the plot playing out on the national stage, and these are the perpetrators: Continue reading →

Comment of the Day: “As The Obamacare Ethics Train Wreck Accelerates, A Plea To The Bitter-enders: ‘Stop It. You’re Disgracing Yourself.’”

/ Jack Marshall / 13 Comments
Maybe---I sure hope not...

Maybe—I sure hope not…

My old friend Peter (we went to sixth grade together, and friends don’t get much older than that) has been absent from these pages for a while, and I was getting worried that I had offended him for the 9,498th time. So it was with relief and pleasure that I just fished his comment today out of the spam pile (how it ended up with messages like the one from someone called “Cheap Jordans Online”—what cruel parent names a kid “Cheap”?—to the effect that “Gentry and her NHM colleagues hoped that the much younger elephant fetus would contain enough genetic material to reveal whether it came from Africa or Asia,”  I’ll never understand) and realized that it was a slam dunk “Comment of the Day.”

Peter is in just as gloomy a mood as when he last commented, and I’m sure Rand Paul’s latest misadventures fending off plagiarism accusations didn’t help ( my old 6th grade math partner is a dedicated libertarian, and bristles at my critiques of the Paul clan). I’m not quite so pessimistic. Still, the fact that the President of the United States just put a big dent in the Rule of Law by unilaterally changing a statute that was duly passed by Congress, and nobody, especially Democrats, who are terrified, Republicans, who won’t have the guts to risk the trap of NOT letting the President try to fix, however illegally, his own mes, and having his complicit newsmedia then blame them for it not getting fixed, as you know they would,  and the public, which will live to regret standing for the proposition that Presidents can just ignore the Constitution if they are sufficiently desperate, bolstered by the media and principle-free, will do anything about it is alarming.

Actually, I think Obama’s “Hail Mary” unpassed amendment to the law Nancy Pelosi said we had to pass to find out what was in it—and wasn’t THAT the truth!—will deepen the ACA fiasco, and may–I’m hoping now—teach our leaders and the lazy, gullible fools who elected them the indispensibility of such ethical principles as integrity and process to democratic government.

But I’m not certain; Peter could be right in his grim diagnosis. He is an MD, after all. And he solved all the tough problems in Mrs. Penwarden’s class. She was a Nazi, by the way.

Here is Peter’s Comment of the Day on the post, As The Obamacare Ethics Train Wreck Accelerates, A Plea To The Bitter-enders: “Stop It. You’re Disgracing Yourself.” Continue reading →

“Ethics Dunces Assemble!” Supporting Vigilante Justice In The U.S.

/ Jack Marshall / 37 Comments

“You know…morons.”— The Waco Kid, “Blazing Saddles.”

This really does explain a lot…

The Waco Kid’s (Gene Wilder) sage description of “the common clay” to Sheriff Bart (Cleavon Little) when the latter was devastated by his treatment at the hands of the good (but  racist) citizens of Rock Ridge often comes to mind in times like this, when I see a large portion of the public, pundits and the media taking a position that is not merely ethically indefensible, but suggestive of brain death.

Such a position is the rush to rally around Emilio Chavez III, an understandably enraged father who caught a naked peeping Tom masturbating outside his  teenaged daughters’ bedroom window. From media reports:

“Police said Emilio Chavez III, his brother and a family friend beat the alleged peeper, Dylan Maho, 29, so badly that he was hospitalized, a local television station reported. The district attorney wants to charge Mr. Chavez with aggravated battery, a third-degree felony that could land him in jail for three years…Mr. Maho is in stable condition at the hospital and will be charged with voyeurism, a fourth-degree felony that only brings between one and two years of jail time.”

The headlines in the majority of national news sources—all what the mainstream media would call “the conservative media”— that have covered this story, for this is the feature of the incident that they deem makes it “national news,” is the “Believe It or Not!” angle that so backward are the priorities of the U.S. justice system that the father will face harsher punishment for his conduct than the sick pervert will for his! Here’s passage and quote included in most of the reports:

“Community members voiced their outrage and sympathy for their neighbor’s plight. ‘There’s a naked man outside his daughter’s window,” Mr. Chavez’s neighbor Bill Morgang told the station. “I think he was well within his rights chasing him down and beating him.”’

The overwhelming majority of the online comments to these news reports agree with Morgang.

From the Washington Times: Continue reading →

The Illegal Immigration Bill: A 37 Year Ethics Train Wreck Rumbles On, With No End In Sight

/ Jack Marshall / 33 Comments

trainwreck6

The details of the “immigration reform bill” moving through Congress like a water buffalo through a snake are less important than the fact that some action is being taken regarding a problem that has been cynically, incompetently, dishonestly and negligently allowed to fester since the last illegal immigrant accommodation law was passed in 1986. This is one of the rare cases in which doing almost anything is more responsible than doing nothing, and that is the beginning and the end of the list of the bill’s virtues. This is an ugly ethics train wreck  in which there are no heroes, only dunces and villains. There may be a worse one, but at the moment, I can’t think of it.

The 11,000,000 or more illegal aliens in this country have to be given some way to attain citizenship and get out of the shadows. That is an unavoidable, pragmatic reality, the best of a stinking pile of unethical options. All the rationalizations for doing this are unethical, except one: they are here, we allowed them to get here and allowed them to stay, and now we are out of choices. It’s our fault, which is to say our incompetent, irresponsible government’s, and now we have to swallow hard and accept the consequences. Continue reading →

Incompetent Elected Officials Of The Month: The U.S. Congress

/ Jack Marshall / 6 Comments
"Oh, THAT..."

“Oh, THAT…”

We know that our elected officials don’t think it is important for them to read the bills they vote for (or against.) That’s irresponsible, but this is illegal: as pointed out by Thomas Beck in the Wall Street Journal, both Houses of Congress, but especially the Senate, defy the most basic Parliamentary rule of all, one that is mandated in the Constitution. The requirement: having  more than 50% of members present, a quorum, in order to do business.

Beck:

“Congress has ignored the quorum requirement for decades, yet neither the president nor the courts has questioned the practice. The one time the Supreme Court was called upon to apply the quorum requirement was in the 1892 case of United States v. Ballin. A statute was challenged on the basis that, while a majority was present in the House when the act was passed, a majority didn’t cast votes on it. A unanimous Supreme Court explained that what matters is whether a majority is present: ‘All that the Constitution requires is the presence of a majority, and when that majority are present the power of the House arises.’ Continue reading →

But What If David Gregory Shot the Pitbull?

/ Jack Marshall / 13 Comments
Illeagl? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Illegal? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Another hybrid ethics tale has surfaced! Cross pitbulls (or whatever a reporter thinks passes for one) with the gun law debate and the District of Columbia’s refusal to bring charges against David Gregory for breaking its gun laws on national television,  and…bada bing! This (From the Washington Post) :

“The bloody paw prints travel the length of a city block, from a Northwest Washington street corner where police said an 11-year-old was mauled by three pit bulls to the welcome mat at the dogs’ owner’s home. Two days after the attack, in which police said all three dogs were fatally shot, the prints were a reminder of what happened at Eighth and Sheridan streets on Sunday afternoon. Police said a neighbor and an officer shot the pit bulls as they sank their teeth into the boy’s legs, arms, stomach and chest…An uncle of the victim’s said the boy was riding a new Huffy dirt bike with orange rims he had gotten for Christmas. The uncle said his nephew emerged from an alley onto Sheridan Street, where he collided with the pit bulls. D.C. police said the unleashed and unattended dogs attacked the boy before a neighbor who saw it went into his home, got his handgun and fired once, hitting one of the dogs. A D.C. police officer on bicycle patrol heard the shots, and authorities said he shot and killed the other two pit bulls…Of the shooters, the 34-year-old uncle said, “They did the right thing.”

“D.C. police said they are reviewing the incident and have left open the possibility that the neighbor could be charged with violating the District’s gun laws. A police spokesman would not say whether the gun was legally registered. Even if it was, using it on a D.C. street is illegal…”

Some Post readers were appalled that such a heroic action could result in prosecution. Wrote one, indignantly:

“That prosecutors would even consider bringing gun charges against the Northwest D.C. resident who saved an 11-year-old’s life by shooting one of three pit bulls that were brutally mauling the child speaks volumes about the mindless absurdity of the city’s gun laws, to say nothing of the zealous anti-gun sentiment that more broadly permeates officials’ thinking here…If the good Samaritan who acted quickly in this case to save a child possessed his gun unlawfully, police and prosecutors should by all means confiscate it. But contemplating further charges against him is as unconscionable as it is ridiculous.”

No, what’s ridiculous is to have gun laws that are enforced according to the policy that if a citizen does a good thing with his illegal gun, then it’s fine; only bad acts with guns will result in prosecutions. Continue reading →

Nakoula’s Arrest and Imprisonment: The Big Chill [UPDATED]

/ Jack Marshall / 31 Comments

More than a week ago, one of my blogging, legal, ethics idols, Ken at Popehat, took issue with my post stating that the midnight questioning of Nakoula Basseley Nakoula (the alleged producer of “Innocence of Muslims,” the crude anti-Islam film then being blamed by the Obama administration for all the violence that erupted in the Middle East on September 11) would appear both abroad and at home to be in retaliation for his exercise of his free speech rights, and should have been avoided even if it was otherwise justified by his parole violations. Ken wrote:

“…What separates us from the mob is the rule of law. We shouldn’t ignore the rule of law by violating First Amendment principles in what Eugene Volokh correctly points out would be an utterly vain attempt to appease a mob. On the other hand, we shouldn’t hinder the rule of law to avoid the appearance of appeasement, either. That’s still letting the mob dictate our actions and our adherence to our own laws. “We would normally do X, but we mustn’t because it might enrage the mob” is just the flip side of “We would normally do X, but we mustn’t because it might embolden the mob.” Both are a sucker’s game. The mob’s actions are going to be driven by its own culture and by the people manipulating the mob for their own political gain. Jack, and others, seem to be saying that the mob will misunderstand the orderly administration of the law in this instance: but is there really any chance that the mob will ever make an honest attempt to understand, or will care, or that the forces manipulating them will react honestly? Respect the rule of law and fuck ’em if they don’t like it.”

On this blog, commenter tgt was more succinct:

“Jack’s view of law is that if you are enough of a dick, you should be immune from prosecution for any action.” Continue reading →

Unethical Quote of the Week: Rep. Jesse Jackson, Jr.

/ Jack Marshall / 4 Comments

“I hope the President continues to exercise extraordinary constitutional means, based on the history of Congresses that have been in rebellion in the past. He’s looking administratively for ways to advance the causes of the American people, because this Congress is completely dysfunctional. President Obama tends to idealize — and rightfully so  — Abraham Lincoln, who looked at states in rebellion and he made a judgment that the government of the United States, while the states are in rebellion, still had an obligation to function…On several occasions now, we’ve seen … the Congress is in rebellion, determined, as Abraham Lincoln said, to wreck or ruin at all costs. I believe … in the direct hiring of 15 million unemployed Americans at $40,000 a head, some more than $40,000, some less than $40,000 — that’s a $600 billion stimulus. It could be a five-year program. For another $104 billion, we bailout all of the states … for another $100 billion, we bailout all of the cities.”

—– Rep. Jesse Jackson, Jr. (D-Ill.), telling the Daily Caller how he thinks unemployment should be addressed. Jackson inexplicably left out the part where Superman gives President Obama a magic lamp, and the President uses his three wishes to turn all his political opponents into beef jerky, banish the national debt, and make money grow from beans that get delivered to every American daily by a suddenly solvent postal service, transported around the country in Santa’s sleigh. Continue reading →

Ethics Hero: Attorney Paul Clement

/ Jack Marshall / 23 Comments

John Adams defended the guys in red, and Paul Clement understands why.

Law firm King & Spalding announced Monday that it would no longer represent congressional Republicans regarding the constitutionality of the Defense of Marriage Act (DOMA), the controversial 1996 legislation that defines marriage as being only between a man and a woman.. In response, the firm’s chief appellate lawyer, Paul Clement, who was handling the case, resigned from the firm.

In February, the Obama administration announced that its Justice Department would refuse to defend DOMA in a number of lawsuits, an unusual, controversial and troubling decision. It doesn’t take a lot of imagination to conceive of other federal laws another administration might decide to render dead letters by non-defense despite being duly passed by the people’s representatives. A government has an obligation to duly execute its laws or repeal them. The policy of the Administration regarding DOMA raised issues of governmental integrity quite separate from the provisions of the law itself. Continue reading →