Southern Poverty Law Center

From The “Didn’t I Tell You To Stop Making Me Defend President Trump?” Files, An Ethics Alarms Popeye: More On The Joe Arpaio Pardon

/ Jack Marshall / 44 Comments

I would prefer not to keep talking about the Joe Arpaio pardon, but the news media and the “resistance” won’t let the pardon go, because in the absence of anything legitimate giving them cause to scream for an impeachment, they have to latch on to whatever they can. So this is a Popeye: I’m writing it because, as the spinach-living cartoon sailor would say, “That’s all I can stands, cuz I can’t stands no more!”

Oh, before I forget: here’s what the Southern Poverty Law Center says about the pardon:

“By pardoning Joe Arpaio, President Trump has demonstrated his contempt for the rule of law and the racism at the core of his agenda. Arpaio, a Trump favorite on the campaign trail, is the former sheriff of Maricopa County, Arizona. He was convicted of criminal contempt of court for intentionally violating a federal court order prohibiting racial profiling. As a result of President Trump’s pardon, Arpaio will never be held accountable for his unconstitutional conduct.”

Following this logic, by pardoning drug dealers President Obama proved that at heart, he is a drug dealer. By pardoning Chelsea Manning, President Obama proved that sharing classified information with our enemies is at the core of his agenda. This is a “law center”  including such tripe on its website? It sounds like the legally ignorant accusation often made against defense lawyers (like Hillary Clinton) that they endorse the crimes, motives and values of their clients.

In a front page article on Sunday, the New York Times tried to break its own record for desperately trying to make a case for Presidential wrongdoing while still stating the undeniable fact that no wrongdoing had occurred:

  • The Times states, correctly, “that there is nothing in the text of the Constitution’s pardons clause to suggest that [Trump] exceeded his authority.” But it tracks down yet another law professor who has allowed the anti-Trump brain virus to swallow his integrity. Noah Feldman, a law professor at Harvard, claimed that pardoning Arpaio “would express presidential contempt for the Constitution.”

Good thinking. The President expressed contempt for the Constitution by engaging in an action described and enacted in the Constitution. A better argument, though still unfair, would be that President Obama was expressing contempt for the Constitution by not using its pardon power provision even once within his first 400 days in office.

  • More from the Professor: “Arpaio didn’t just violate a law passed by Congress…His actions defied the Constitution itself, the bedrock of the entire system of government.” Yes, and so what? If that same document gives the President an open-ended power to forgive any crime, and it does, then this is just huffing and puffing.

All Feldman is saying is that he doesn’t believe that Arpaio’s particular crime should be pardoned. When you’re President, Professor, by all means let that standard be your guide.

  • By saying Mr. Arpaio’s offense was forgivable, Professor Feldman added, Mr. Trump threatens “the very structure on which his right to pardon is based.”

Note to  Professor Feldman: Get help. The reason the President has unlimited pardon power is because, in the view of the Constitution’s authors, any offense IS forgivable. Presidents have pardoned traitors, those who have killed American citizens. They have pardoned terrorists, and a President of the United States who plotted to subvert justice and our democracy itself. No Harvard Law professor has made the claim that any of those offenses were unpardonable (that is, literally, unforgivable). Why is that? Well, a) Trump is special and doesn’t deserves to be judged by the same standards as other Presidents, and b) the Left hates Arpaio beyond all proportion, because of his opposition to illegal immigration.

  • The Times writes, “It was the first act of outright defiance against the judiciary by a president who has not been shy about criticizing federal judges who ruled against his businesses and policies.” If this pardon is “outright defiance against the judiciary,” then most pardons are. Almost all pardons erase a judicial sentence or verdict.

This is misleading, biased, inflammatory, unethical journalism.

  • The Times writes,

“Mr. Trump could pardon any of the subjects of the special counsel’s Russia inquiry, though some legal specialists believe he could increase his risk of prosecution if he is seen as abusing his pardon power.Were Mr. Trump to announce that he has pardoned himself, impeachment would remain possible. A prosecutor might also test the limits of the pardon power by indicting Mr. Trump notwithstanding such an announcement. That clash could lead the Supreme Court to weigh in on the limits of the president’s power to spare himself from punishment for criminal wrongdoing.”

This story has nothing to do with impeachment! No evidence has been found that suggests the President has committed any impeachable acts. The Times story is about the Joe Arpaio pardon. How can the Times justify suddenly piling tangential hypothetical on top of tangential hypotheticals in this article to get to a scenario where the Supreme Court has to determine whether President Trump can pardon himself for crimes as yet unalleged and undiscovered? Well, the reporter is Adam Liptak, the epitome of what Instapundit calls “Democratic operatives with bylines.” He’s not reporting here; he’s promoting a nakedly partisan narrative. Continue reading →

Morning Ethics Warm-Up, 8/31/17: Southern Poverty Law Center Edition

/ Jack Marshall / 29 Comments

A Cayman Islands sunrise!

Good Morning, Everyone!

1.For the second time in two months, I had the wrong date on yesterday’s Warm-Up. This time, I was six days off. That’s incompetence, not malice. If I made anyone miss a birthday, anniversary of other appointment, I am so, so sorry.

2. D. James Kennedy Ministries of Fort Lauderdale, Florida, an evangelical Christian ministry, is suing the Southern Poverty Law Center for calling the ministry a hate group because of its stance against LGBT rights. The SPLC is an Alabama-based, self-styled  watchdog group that tracks tracks what it considers extremist organizations, and it publicly names organizations it considers hate groups. It considers hate groups to be any group that is sufficiently aggressive in opposing certain core progressive positions. The entire operation is a masterpiece of self-validating virtue. The name was carefully chosen to signal unimpeachable virtue: it’s “Southern,” so its stance against discrimination is obviously defient and in opposition to its surrounding culture and biases. Though little of its activity involves poverty, the name also signals charity and virtuous motives.  What’s a law center? Well. I grdauted from one, and that was a law school. The Southern Poverty Law Center isn’t a law school, but doesn’t the name sound impressive? Originally, the SPLC acted as a public interest law firm (I would call its use of “law center” misleading, and a breach of several states’ legal ethics rules if it were still a law firm), but now it is a progressive activist and propaganda organization. Not that there’s anything wrong with that, but part of its schtick is to designate organizations as hate groups because, well, they say so. Then the left-leaning news media accepts their verdict as fact. You will read articles saying that there are 917 hate groups in the U.S. No, there are 917 groups the Southern Poverty Law Center calls “hate groups.” .Many of the organizations on the SPLC’s list are undeniably racist and violent. Many are not, or may not be. Lumping them all together as “hate groups” is an effective way to demonize dissent. “Hate group” has no accepted definition, but SPLC defines a ‘general hate group” thusly: “These groups espouse a variety of rather unique hateful doctrines and beliefs that are not easily categorized.”

Got it. The Southern Poverty Law Center is a hate group by its own definition. To be a reliable arbiter of whether a group is promoting hate rather than a just a controversial policy position, a group would have to be non-partisan, objective and politically neutral. all things that the SPLC is not. This is an organization that designates groups that espouse views that it hates as hate groups.

I hate that. Continue reading →

From The Ethics Alarms Mail Bag: “Does It Matter If A Lawyer Is A Neo-Nazi?”

/ Jack Marshall / 70 Comments
"Anyone who would hire this lawyer is evil! EVIL!!!"

“Anyone who would hire this lawyer is evil! EVIL!!!”

“…What if he’s hired for a government job?”

This is a great question, and I’m going to bedevil the lawyers in my upcoming ethics seminars with it. It’s not a hard question, though.

The answer is, “No, it doesn’t matter, just as it doesn’t matter if the lawyer is a Republican, a vegan, a libertarian, a creationist, a global warming denier, an Adam Sandler fan, a Donald Trump loyalist, a Muslim, an ISIS sympathizer, a Druid, a Celine Dion worshiper, a New York Yankee fan or anything else. Lawyers have First Amendment rights. Lawyers can think what they want to, believe what they want to, donate where they want to and spout whatever unpopular or offensive opinions they want to, as long as it doesn’t interfere with their representation of their clients.

What prompted the question was this post on the Southern Poverty Law Center (SPLC) website, which attempts to use guilt by association and classic McCarthyism tactics to smear the City of Baltimore because of what the lawyer defending it in a law suit believes. The SPLC—which itself often resembles a hate group–writes, Continue reading →

In Alabama, A Blood Sucking Judge

/ Jack Marshall / 7 Comments
Judge: 'If you don't have money, you can pay your fine in BLOOD!' Wait...WHAT?

Judge: ‘If you don’t have money, you can pay your fine in BLOOD!’ Wait…WHAT?

Not to hold you in suspense, this is unethical. In fact, it’s incredibly unethical.

In Alabama,  Perry County Circuit Judge Marvin Wiggins is prevented by Alabama law from jailing those who owe a debt to the state.t—debtors prison was abolished long ago. Wagner, however, has been recorded in his court telling indigent parties owing money  that they have the option of contributing their blood or paying up, and if they opt for neither, “he sheriff will have handcuffs waiting” for them.

The Southern Poverty Law Center has filed a judicial ethics compliant, Explained the SPLC on its website.

“Defendants in more than 500 criminal cases, which can be as minor as hunting violations, were mailed notices to appear before Wiggins on Sept. 17. Dozens showed up to pack the courtroom for a hearing on the restitution, fines, court costs and fees they still owed. When Wiggins took the bench, he offered defendants with empty pockets and full veins an option.Wiggins said to consider the option of giving blood “a discount rather than putting you in jail.” However, no one who donated blood received any “discount” on their court debt; they simply received a reprieve from being thrown in jail. Most of the people in the courtroom still owed thousands of dollars to the court – even after years of making payments, according to the complaint. Virtually every case included fees that indigent defendants had been charged to recoup money for their court-appointed counsel, the complaint states. Without speaking to the judge about their financial situation, many indigent defendants gave blood out of fear of going to jail.”

The complaint outlines several ethics violations, SPLC says, including failure to demonstrate professional competence and failure to uphold the integrity of the law. It also describes how forced blood donations violate the U.S. and Alabama constitutions. I would think that most educated American could name several of these. Due Process? No law exists making forfeiture of blood a legal penalty for anything. Cruel and usual punishment, per the 8th Amendment?
 Continue reading →

I Can’t Wait To Find Out If Craig Hicks Was Just A Murderer Who Killed Three Innocent Neighbors Over A Parking Space, Or A Bigoted Murderer Who Killed Them Because They Were Muslims.

/ Jack Marshall / 71 Comments
"EXTREMIST!"

“EXTREMIST!”

I am sitting here, drinking coffee and trying to wake up, and listening to CNN go on ad nauseum about the FBI investigation into whether Craig Hicks’ murder spree is a “hate crime.” No, I personally think he shot his neighbors because at that moment he was overcome with affection.

Sure, it’s important to know the motive for any murder. The “hate crime” scar on our laws, however, is creeping government thought control. After all, the law adds penalties to the punishment for a proven crime according to what the criminal was thinking, and nothing else. That’s thought-crime, by definition. The point is and was —-and this is another gift to the culture from the increasingly fascist-tending American Left, which wants to make it impossible (or painful) not to think as good people (you know, them) think—to use such prosecutions to send the message that it’s not just wrong to be prejudiced, it’s illegal and evil, and those who hold such views must be removed from society like tumors. Thus we are subjected to the interminable blathering that just finished on CNN about what the FBI’s examination of Hicks’ completely legal and Constitutionally protected writings and statements suggested about whether his thoughts should put him in jail for a few more years or decades. The message is unambiguous. Carol’s guest, a human rights expert, explained that Hicks’ act was a hate crime if any part of his motive was hateful.

Boy, Jesus was really ahead of his time: no wonder he warned us to love our enemies. It makes it safer to kill them. Continue reading →

Ayo Kimathi And The Freedom To Hate

/ Jack Marshall / 40 Comments

center_image

Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009.  He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.

The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”

No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.

It is called freedom of speech, my friends.

Deal with it. Or rather, cherish it. Continue reading →

The American Family Association Snaps

/ Jack Marshall / 98 Comments

Oh-oh. The American Family Association  is losing it….

The American Family Association, which holds that it supports “traditional values,” has been feuding with the liberal, diversity and civil rights-minded Southern Poverty Law Center, which designated it a “hate group.” In turn, the AFA has called the SPLC some other nasty things. They really don’t like each other.

Not liking an adversary group is hardly unusual, but detesting one so much that it robs you of whatever common sense, rationality and proportion you have is both self-destructive and unprofessional, and a clear sign that the group’s judgment is poisoned by emotion and non-ethical considerations. This is what the American Family Association is demonstrating now.

It is difficult to imagine a school program less sinister than “Mix It Up at Lunch Day.” One of the efforts sponsored by Teaching Tolerance, the October 30 nationwide effort has encouraged schools for eleven years to urge students  to sit with kids they don’t normally eat lunch with, giving members of different groups and cliques an opportunity to branch out, and to get to know students who are different from themselves. The phenomenon of high school gradually sorting itself into exclusive groups of various levels of social status was neatly captured in “Mean Girls,” where the school’s lunch table cliques were divided into “freshmen, ROTC guys
preps, J.V. jocks, Asian nerds, Cool Asians, Varsity jocks, Unfriendly black hotties, Girls who eat their feelings, Girls who don’t eat anything, Desperate wannabes, Burnouts, Sexually active band geeks,” and, of course, the dreaded Plastics, the social queens, and the Outcasts. “Mix It Up at Lunch Day,” properly handled, is a splendid idea.

But, you see, it is the inspiration of the dreaded Southern Poverty Law Center, so the AFA has decided that it must be evil. Pointing out that the Southern Poverty Law Center is a “fanatical pro-homosexual group, ” the association is urging parents to block their children’s schools’ efforts to hold “Mix It Up” day, by complaining, protesting and, if necessary, keeping their children home. Continue reading →