Situational Ethics: Allegations Facing Anti-Trump Figures Dampen Demands For Disbarments

After the 2020 election, activists launched scorched earth campaigns against conservative figures that included calls for the disbarment or delicensing of Trump lawyers, doctors, and even U.S. senators. Hundreds of righteous lawyers and professionals signed petitions and letters, insisting that they cannot stand idly by in the face of professional misconduct. Those outraged voices however have become muted as Trump critics themselves have faced ethical challenges. In today’s political environment, actions often seem unethical only if they are unpopular. Consider the controversies surrounding anti-Trump figures former Yale Professor Bandy Lee and Clinton lawyer Marc Elias – and how the righteous have become reticent in the face of allegedly unethical practices.

BANDY LEE

The calls to strip professional licenses have extended not just to Trump officials and lawyers but his former doctors. Democrats declared that positive public accounts of Trump’s mental or physical health by physicians like former White House physician Dr. Ronny Jackson and Dr. Sean Conley were unethical.  Conway outraged many liberals by downplaying dire accounts of Trump’s Covid-19 condition and was denounced as “unethical, dishonest and disgraceful” and activists demands “consequences” for his conduct from the medical boards.

That is not the response of another doctor much in the news. For four years, Dr. Bandy Lee, a former professor with the School of Medicine and Yale Law School, made bizarre and unprofessional statements about the mental fitness of not just Trump but his supporters. A favorite expert of MSNBC, Lee declared Trump mentally unfit and dangerous. I was one of the first to call out Lee for violating the “Goldwater Rule” – an ethical rule barring the diagnosis of public figures without personal evaluative sessions or basis. Nevertheless, Painter, Norm Eisen, George Conway, and others ignored the ethical issue and used Lee’s diagnosis to declare Trump mentally unfit.

Major networks and newspapers could not get enough as Lee who was critical to maintain the narrative that Trump had to be removed under the 25th Amendment as mentally ill. However, she did not stop there (including declaring Trump worse than Hitler). She also declared Trump supporters as mentally ill. Lee warned about Trump effectively brainwashing people and that figures like Alan Dershowitz were warped by a “shared psychosis” including sexual delusions like Dershowitz stating that he had a “perfect sex life.” That led to a complaint from Dershowitz to the Yale faculty who spent four years without publicly denouncing Lee. It was not Lee’s outrageous statements about Trump but her statement about Dershowitz that appeared to motivate the Yale faculty to act. Department head Dr. John Krystal told Lee that she had “breached psychiatric ethics by ‘diagnosing’” Dershowitz from afar and said that her “recklessness of your comments creates the appearance that they are self-serving in relation to your personal political beliefs and other possible personal aspirations.”

However, figures like Painter have dismissed not just the basis for termination but allegations of unethical conduct. Painter admits “Nuclear war did not come, so our worst fears never came to be,” but insists that the problem is the Goldwater Rule, not Lee. Despite being one of Lee’s most vocal critics, I have raised concerns over Lee’s termination but, unlike Painter, I believe that she has acted unethically. Yet, even Yale seems unconcerned with the years of Trump declarations as opposed to the one directed at Dershowitz. Likewise, many who have joined calls for delicensings in the press are now in not-so-righteous silence.

MARC ELIAS

One of the loudest voices calling for disbarments has been former Clinton lawyer (and Perkins Coie partner) Marc Elias who called for disbarments for “saying and doing so many things to undermine our democracy.” The irony has not been lost on many since, after inauguration, Elias fought to not only undue elections but has created a new group to launch election challenges and litigation. However, the thousands of lawyers called for the disbarment of various Republican lawyers (as well as the disbarment of Republican senators) are conspicuously silent on calling for an ethics review of Elias’ past conduct.

Elias, who was sanctioned last year by a court (with other Perkins lawyers), is accused of playing a key role in false statements made to the media and to Congress about the Steele dossier. It was not until after the election that the media pressed the campaign on clear evidence that Clinton funded the dossier. (It was later disclosed the Obama was briefed on an alleged effort by Clinton to manufacture a Russian collusion conspiracy against Trump). Journalists confronted Elias and others that the Clinton campaign hid the payments to Fusion as a “legal fees” among the $5.6 million paid to the law firm.

New York Times reporter Ken Vogel said that Elias had “vigorously” denied involvement in the anti-Trump dossier. When Vogel tried to report the story, he said, Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman likewise wrote: “Folks involved in funding this lied about it, and with sanctimony, for a year.” Even when Clinton campaign chairman John Podesta was questioned by Congress on the matter, he denied any contractual agreement with Fusion GPS. Sitting beside him was Elias, who reportedly said nothing to correct the false information given to Congress. The question is whether Elias sought to get his client to correct the record and disclose the contract. Elias was known to be the legal counsel for the campaign. Thus, if Podesta denied any such contract or funding, Elias’ presence (and silence) would have added support to the false claim.

Clinton and her campaign finally admitted that the dossier was a campaign-funded document that was pushed by Steele and others to the media.

None of the thousands of debarment devotees have called for Elias to be investigated, let alone disbarred, for his alleged role in lying to the public and Congress. While many have cited Trump lawyers for “spreading false information” in public, Elias’ alleged role in the false denials on the Steele dossier has not warranted even a segment on MSNBC or CNN.  Under the same standard applied to Republican counsel, shouldn’t Elias face the same demands for an investigations and explanations? He very well could have an explanation, but few in the media seem inclined to demand one.

Instead, Elias has created a new group, Democracy Docket, to get funding to challenge elections. While Perkins is noted on some filings, it is not clear if Elias is awarding contracts to the firm or whether the firm is doing such work for the Democratic party pro bono. Recently, Lincoln Project was under fire after founding partners were accused of profiteering by giving business to their own firms.  (Elias’ group failed to respond to an inquiry as to whether his own firm receives such funding).

Call it situational ethics.  Lee and Elias are not unethical because they are not unpopular. Their alleged misconduct was needed to fulfill narratives against Trump who remains a type of overriding ethical imperative. There will be no petitions with thousands of signatures for board reviews. No dramatic denunciations of conduct unbefitting a profession. Just silence when the situation demands it.

73 thoughts on “Situational Ethics: Allegations Facing Anti-Trump Figures Dampen Demands For Disbarments”

  1. Socialists have no moral values much less ethics. Not under their proper title nor in their disguise as Regressive Liberals or in their false disguise as Democrats. That includes the hard core far left DINOs who give us Antifa and BLM nor the right wing of the socialists commonly called RINOs.

  2. “Car 54 [John Durham], Where Are You?”

    What would happen if the prosecutor in the George Floyd case simply vanished?

    Nothing?

    This communist America is so corrupted it can’t see the corrupted forest for the corrupted trees.

  3. The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history.

    The co-conspirators are:

    Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,

    James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic,

    Sally Yates, James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell,

    Sir Richard Dearlove, Christopher Steele, Simpson, Joseph Mifsud,

    Alexander Downer, Stefan “The Walrus” Halper, Azra Turk, Kerry, Hillary,

    Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power, Lynch,

    Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,

    Joe Biden, James E. Boasberg, Emmet Sullivan, et al.

    1. Agreed. The most frightening thing of all is how the Obama administration seeded the DOJ and most other government agencies with diehard liberals such that no Conservative president — if the ever will be one again — could get anything done.Amazing that Trump was able to do what he did with the tempest he was sailing against. We’re done. Sadly, it’s just a matter of time.

    1. “bias intimidation and harassment charges

      for many years a very small number of lawyers have been decrying the misuse of these charges to single out white suspects who have said politically incorrect things

      for many years nobody listened

      often you will find that charges are dropped…..occasionally not and then reversed on appeal as :”unconstitutionally vague”

      but you can’t take a plea. take a plea and there’s no appeal.

      i have seen the white racists suspect bullied with ridiculous threats of persecution bullied into small pleas for charges that should have been dismissed or might have been shot down on appeal

      but the key word is might.

      anyhow now it’s not just the socalled racists anymore, now their children will be arrested willy nilly. they said nothing when they came for the rednecks. then when they came for me…

      Sal Sar

  4. Sure, Bandi Lee may have violated the “Goldwater Rule” -tut-tut- but she was absolutely correct in her assessment of Trump as a malevolent sociopath.

    1. We are eagerly awaiting her diagnosis of Biden.

      When do you think it will come out?

    2. Acromion— Come to think of it, since you are offering diagnoses, what is your diagnosis of Biden?

  5. I think Sal Sar and I were predicting something like this.

    https://www.thegatewaypundit.com/2021/03/judge-tosses-junk-terrorism-charges-3-defendants-whitmer-plot-ring-leader-fbi-informant

    “Judge Tosses Junk Terrorism Charges against 3 Defendants in Whitmer Plot Where Ring Leader Was FBI Informant”

    It looks like the FBI’s most useful work is looking for Lady Ga Ga’s dogs. They weren’t the ones who found them though.

    The Whitmer plot always looked too insane to be anything but a script from a B Movie comedy.

    1. Well well. it seems that when half the crew are informants doing whatever their handlers say, the judge is not impressed.

      One still wonders how half the “ARA” aka the Midwestern Bank Robbers could be informants and also known to be tight with McVeigh and yet none were charged in connection with OKC.

      Might it have been because this would have embarrassed FBI?

      Look for more government sponsored false flags to come

      Sal

        1. yes the Tsarneaev brothers is a deep dark rabbit hole too. NPR actually wandered down that hole in one of their radio shows. they had quite a few contacts with FBI. Sal

          1. the reality I suspect, is that a lot of these baddies believe that because they have given some sort of info to the FBI on the sneak, they are operating with immunity

            i believe FBI encourages the belief- however mistaken it may be

            in some instances, they have allowed informants to murder willy nilly– and even helped them do it.

            such as whitey bulger,

            and greg “the grim reaper” scarpa– see former FBI agent Lindley DeVecchio

            Sal Sar

          2. Lately all of the maniacs and terrorists have been ‘known’ to the FBI and yet still committed their crimes. I guess garage door pull ropes and Lady Ga Ga’s dogs are much more important. I wonder if they are trained on the set of “The Pink Panther”? They have picked up a lot of Inspector Closeau’s investigation skills.

            I am beginning to have doubts about the expertise of the FBI forensics lab. If it is run like the rest of the agency I don’t think I would have immediate confidence in their work product. They flubbed on document analysis in the “Murder Among the Mormons” [Netflix] case.

            1. One still wonders how they could have known about Muhammad Atta and surveilled him in Hollywood Florida but somehow missed him and various others hijacking airliners with boxcutters

              but then again we are supposed to believe…. oh fugheddaboudit!

              Sal Sar

              https://www.dailymotion.com/video/x1oj8d8

              1. We have been told that when Atta was asking about crop dusters in Florida it was nothing of importance. Insane. I suppose we are to believe he innocently just wanted to start a legitimate crop dusting service but decided to dive a commercial jet into the twin towers instead.

                When Atta presented himself at the airport in Boston the lady at the counter correctly sized him up and thought something was very wrong. But she didn’t do anything because she didn’t want to be politically incorrect. It is even worse now. They try to say “See Something, Say Something’ and I think I would have to think very carefully about that because of all the trouble you can cause for yourself.

                There were many warnings about Atta and his group and all were ignored. Was Lady Ga Ga missing some other dogs back then? Something important was distracting the feds.

                As I said before, they weren’t the ones to find her dogs, so maybe they aren’t even qualified to be dog catchers.

  6. If I was a Lefty, I’d live in France.
    And if I was a Righty, I’d swear at ants.
    It’s now time, to leave the snow.
    Go down south and sail with Joe.
    We once had. A bad civil war.
    Folks in the North, have won so far.
    But the time is ready,for the south to rise.
    With Trump in Florida. It’s no surprise.

  7. Religion (i.e. behavioral protocol): morality, its relativistic sibling “ethics”, its politically congruent cousin “law”.

  8. Turley: “Those outraged voices however have become muted as Trump critics themselves have faced ethical challenges. In today’s political environment, actions often seem unethical only if they are unpopular.”
    ****
    This is hypocritical only if one assumes that beneath it all we have shared values.

    We don’t.

    We are facing Jacobin radicals whose only method is attack and whose only goal is domination. They will use ethics and law to attack when they think they can and they will dispose of ethics and law when they are inconvenient.

    We see it in action every day from the lowest among us to the highest offices in the land.

    1. when you get into it with the jacobin levellers, the only way to fight them in the end, is to fight them

      sal sar

  9. It’s always entertaining when Turley brands someone as “anti-Trump” or a “Trump-hater.” Trump’s own Cabinet members & advisors who ultimately called Trump unfit for office were quickly branded as “anti-Trump.” If a Biden cabinet member or advisor called Biden unfit for office, it’s a sure bet Turley would never reflexively brand them as “anti-Biden” or a “Biden hater.”

    Last week, Trump called the Supreme Court & other courts “gutless” for not overturning the election. Trump & his supporters have vowed to end the political careers of Brian Kemp, Raffensperger, Liz Cheney, Adam Kinzinger, Murkowski & every other Republican who confirmed Biden as our duly elected president. Trump fired Homeland Security’s cyber chief for verifying the 2020 election was a safe & secure election.

    Trump spent 4 years demanding Obama be indicted & convicted of treason for “the biggest political crime in US history.” Last September, Trump said if Bill Barr didn’t indict Obama before the 2020 election, Barr’s legacy would be forever tarnished.

    And here’s JT talking about the Steele dossier & anti-Trumpers. Situational ethics, indeed.

    1. “Trump spent 4 years demanding Obama be indicted & convicted of treason for “the biggest political crime in US history.” Last September, Trump said if Bill Barr didn’t indict Obama before the 2020 election, Barr’s legacy would be forever tarnished.”

      And? Trump is correct.

      Plus, did you not hear the Democrats and their media shouting Russia Russia Russia for four years? Outright lying about it?

  10. Democrats and Liberals have been hypocrites for years. Of course, the have become so emboldened due to the Press now serving as a propaganda arm of the Democrat party. It’s been there for all to see for decades.

  11. We are witnessing the beginnings of a civil war, planned and instigated by the left for decades and is now coming to fruition. It’s going to get much worse. This is only the beginning. Our country is being torn apart by The Leftist Extremists, formally known as The Liberal Establishment. America as we know it is no more, the left has exposed “the Great Experiment” for what it is, nothing more than a pipe dream. The experiment is over, time for them to take control. The question is, will we let them? Make no mistake, they are the new Nazi Party. It started with public shaming and ridicule, moved on to pressuring businesses to fall-in-line with their dogma and mantra, to curb speech (it claims) it does not approve of. it’s moved on to guilt by accusation, public flogging, to cancel culture and ruining peoples livelihoods and lives. It’s now to the point that literately ANY justifiable condemnation of a person of color or woman by a conservation (black, brown or white) means you are branded a racist and/or a sexist. Cops are killers and the rich are worse. Sure, once in a while they eat their own for show, but make no mistake, it’s just that, for show. Time to get serious, our very lives depend on it….

  12. Lawyers who lie to the courts either in person or in their signed filings have broken their duty of candor to the court and should be sanctioned or disbarred! That’s first year law school ethics! Trump’s lawyers lied! Even Sydney Powell is now claiming no reasonable person could have believed what she said!

    1. Negative. Mrs Powell has not said no such thing. You on the other hand, are a liar. You have the right to not like President Trump. Just like I don’t care for Joe Biden whatsoever. But I don’t like you I will never lie about him. And I don’t ever have to. All I have to do is “things that he has said in the past. Take the filibuster.

      The WSJ has 3 separate articles running today just on this about President Biden and they have pointed out 18 separate occasions in all 3 separate articles how much of a liar, he is about it. And 11 times on how much of a “Hypocrite” he is, in all 3 separate articles. But you on the other hand, don’t have the right to lie about your past President. President Trump, or anyone connected with him.

    2. How did you ever sign up on a blog like this which requires thought and critical thinking skills. Did you sign up by accident and don’t realize that your comments have no merit?

      “Sydney Powell is now claiming no reasonable person could have believed what she said!”

      You don’t even know what the claim is. You probably won’t understand but the claim is that what she said was her opinion not proven fact. I believe it will rain tomorrow. That is opinion not fact. 2+2=4 is fact.

    3. Was Kevin Clinesmith disbarred? He’s the FBI lawyer who doctored evidence submitted to the court to surveil Trump. If not, why not?

      1. Good question, but you already know the answer.

        He was the chosen sacrificial goat who wasn’t even sacrificed.

      2. Thank you Anonymous for bring the name of that weasel into the discussion. I would have had to look it up somewhere.
        No better example of a crooked attorney who manipulated evidence to create indictment of an innocent man. And he got off without any punishment of any kind, just loss of job at DOJ. The FISA Court judges should have shown enough alarm and backbone to have jailed him. Now it seems that their entire court, as well as the DOJ, is forever stained by their inaction and not delivering punishment. Any defendant in any Federal court can try to use this as proof that any evidence or documents delivered by any DOJ employee are fraudulent. The DOJ does not punish their own fraudulent employees.

  13. Liberal, thy name is Hypocrisy.
    These people lie without compunction, all in the service of their leftist mantra. I honestly believe that this will not end until (and unless) there is a civil war and people such as Elias and his ilk are convicted and sentenced to death. The left MUST understand that there is a significant price to telling lies that lead to the kinds of unrest and seditious behaviour we’ve seen.

  14. Lefties have lost a lot of credibility with ordinary Americans.

    Look at our Lefty bloggers.

    Some debate with wit and courtesy. We read their posts and think about the argument.

    Others (see joe friday) are ugly louts.

    Read some of JF’s recent posts, and you see the anger venom.

    I don’t know why JF has such a hard on for Turley, but he can’t argue reasonably or courteously.

    JF got banned and snuck back in under a different name.

    Think how unbalanced the fellow’s life must be to hover on this blog insulting our host.

    1. I couldn’t agree more with you my friend. The one that you’re talking about that post under the fictitious name of, “Joe Friday,” is not only a liar, but also a hypocrite, and a con-artist. Furthermore he is without a doubt most definitely psychologically unhinged. All one has to do is read no more then 1, maximum 2 of his comments pertaining to such a well-known and highly respected man, a man venerated, in the circles of law, Jonathan Turley. Is who I speak of.

Comments are closed.