Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading

Political Correctness, Abuse of Power, the Redskins, and Spite

I’m sure glad I don’t own the Washington Redskins.

Boston RedskinsI say this without even considering the current problem of having a head coach who let the franchise player ruin his knee. I’m glad I’m not Dan Snyder because the annual sniping about his team’s unfortunate name pulls me in opposite directions ethically and emotionally, and I don’t enjoy being Rumpelstiltskin.*

If I owned the Washington Redskins and was being pragmatic as well as ethical, I’d just bite the bullet (oops! Is that phrase banned now?) and change the team’s name. The debate is stupid, but it’s a distraction no sports franchise needs. I would dig in my heels against political correctness zealots who demand that the Atlanta Braves, Kansas City Chiefs, Chicago Blackhawks and other Native American-themed names get tossed in the ash heap of history, but “redskins” is undeniably a term of racist derision, despite the fact that it isn’t that in the context of football. In football, it just means those NFL players in red and gold that a whole city worships year round.

If, however, I wanted to take a much needed stand against the unethical tactics of political correctness bullies everywhere, refuse to yield to an argument that is as dishonest as it is illogical , I might well do what Snyder has done so far out of pure orneriness and spite, which is to say to the team’s critics, “Stick it!” Continue reading

The Newtown Massacre Ethics Train Wreck Picks Up An A-Lister!

I know—I need to settle on a consistent name for this particular train wreck. I’ve used at least three. Luckily, it is clearly going to be rolling along, causing ethics havoc in its wake, long enough for me to be consistent.

Hey, everybody! Bubba's on board!

Hey, everybody! Bubba’s on board!

Wow! They must be all-tingly on the Newtown Massacre Aftermath Express–Bill Clinton! The architect of one of the great ethics train wrecks of American history has deigned to come on board! What other A-listers will follow? Oprah? David Letterman? Even the President himself! Now, anything is possible.

The nation’s grandmaster liar bought his ticket with this Newtown-inspired statement, uttered at the Consumer Electronics Show in Las Vegas, Jan. 9, 2013

“Half of all mass killings in the United States have occurred since the assault weapons ban expired in 2005, half of all of them in the history of the country.”

This was classic Bill, false and self-glorifying. After all, that ban that expired had been signed into law by Bubba himself. But as the Washington Post’s fact-checker, Glenn Kessler confirmed, his striking “fact” was a whopper. Continue reading

The D.C. Government’s Warped Priorities

What Washington, D.C. regards as a traffic crisis---Halle Berry and Alicia Keys, safely delivered to their red carpet adoration

What Washington, D.C. regards as a traffic crisis—Halle Berry and Alicia Keys, safely delivered to their red carpet adoration

A resident of the Greater Washington, D.C. area, today I detect no outraged commentary in the local news media about the bizarre behavior of the D.C. government revealed here, on the DC website…

 Scheduled Street Closures for the 2013 BET Honors

“The Metropolitan Police Department (MPD) has provided the information about a scheduled street closures for the 2013 BET Honors event scheduled for Saturday, January 12, 2013. The event will be held at the Warner Theatre.

“The following streets will be closed from 12:01 am on Thursday, January 10 to 2 am on Sunday January 13:
•East and West curb lanes of 12th Street, NW between E Street and F Street, NW
•North curb lane of E Street, NW between 12th and 13th Street, NW
•East curb lane of 13th Street, NW between E Street and F Street, NW

“The following streets will be closed starting at 12:01 am on January 12, until 2 am on Sunday, January 13: E Street, NW between 12th and 13th Streets, NW

“Motorists traveling in the area of this event may experience delays and should consider alternative routes if possible. The Metropolitan Police Department and the District Department of Transportation would like to remind motorists to pay full attention whenever operating any motor vehicle and to be mindful of pedestrian traffic that may be associated with special events. These street closings are subject to change without notice based upon unanticipated events and prevailing conditions.”

Hey, thanks for the heads —wait, WHAT? Continue reading

Unethical Quote of the Week (Newtown Massacre Ethics Train Wreck Division): Ed Rendell

“The good thing about Newtown is, it was so horrific that I think it galvanized Americans to a point where the intensity on our side is going to match the intensity on their side.”

former Pennsylvania governor Ed Rendell, enthusiastically becoming the latest passenger of the Newtown Massacre Ethics Train Wreck

discouraged

“Phooey! If only a few more kids had been shot, we’d really have the NRA on the run!”

The shocking thing about this is that unlike Piers Morgan, Alex Jones, Andrew Cuomo, and most of the other public figures who have boarded lately, Ed Rendell is usually a responsible individual in word and deed. His statement, however, is as indefensible as it is cynical.

  • Needless to say (I thought), there can be nothing good about a gunman killing twenty small children.
  • Following Ed’s logic, another school massacre, preferably of even more kids, is just what the anti-gun movement needs. Ha! Now we’ve got you, NRA! Continue reading

Is Ronald Miller An Ethics Dunce? How Unethical Is Really, Really Stupid?

Is stupidity a defense for unethical conduct?

Is stupidity a defense for unethical conduct?

The news report from Texas about a father posing as an armed intruder to test the security of his son’s school once again raises the thorny problem of how to distinguish ethically obtuse and dumb as a brick. From U.S. News and NBC:

Officials say Ronald Miller was unarmed Wednesday when he told a school greeter outside Celina (Texas) Elementary School that he had a gun… The greeter froze in panic when Miller said he was a gunman and his target was inside, Celina Independent School District Superintendent Donny O’Dell told NBCDFW.com. Miller was then able to walk into the school and entered the office. “He told them that he is a shooter and ‘you’re dead, and you’re dead,'” O’Dell [said.] Never showing a weapon, Miller then reportedly revealed his stunt was a test of school safety and he wanted to talk to the principal. School staffers knew Miller, who was a father of a student, and police were not called until he left the school, The Dallas Morning News reported. He was arrested Wednesday evening and is being held in lieu of $75,000 bail…”

Is Miller so stupid he doesn’t know why this is wrong? It is “the ends justifies the means” thinking personified: he was willing to risk a panic, scare school workers sick, possibly set off a violent incident (what if, as the NRA fervently wishes were the case in all schools, someone in the principal’s office was carrying a gun and decided the safest thing was to shoot Miller before he started his rampage?), and undermine what little rational trust there is left in schools these days, all to prove absolutely nothing, other than the fact that parents aren’t high on the list of suspected school shooters, since no parent has ever been one. Continue reading

The Fourth Annual Ethics Alarms Awards: The Best of Ethics 2012

nonpartisan

One of the reasons there are always more negative stories than positive ones on Ethics Alarms is that ethical conduct is still much more common than unethical conduct, and thus has to be more spectacular to be worthy of comment. At least, that’s my rationalization this year….

Here are the 2011 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

New Jersey Governor Chris Christie’s public display of appreciation to President Obama for the rapid Federal response to Super Storm Sandy. Naturally, Christie was subsequently called a turncoat and blamed for Mitt Romney’s loss.

Outstanding Ethical Leadership

Supreme Court Chief Justice John Roberts. Roberts’ decision to confound conventional wisdom and to vote to uphold the constitutionality of  the Affordable Care Act, a.k.a. Obamacare, reaffirmed the ideological independence of the Court while giving due deference to the will of Congress. Roberts was derided by Republicans and conservatives, while liberals and Democrats patted themselves on the back, presuming that they had intimidated him into rejecting the so-called conservative wing of the Court by their (irresponsible, dishonest and unethical) accusations that the Court put politics ahead of law and justice. Roberts, in truth, just interpreted the law, which is what his duty required.

Heroes of the Year

Seniors at Lexington (Ky) Catholic High School. When a gay couple was told by school administrators that they were not welcome at their senior prom, a significant number of their classmates moved the prom to the parking lot, where a good time was had by all. Courage, respect, fairness and kindness. These seniors are ready for the real world, which needs them more than they need it. Continue reading

When A Frivolous Defense Isn’t Frivolous, Or Why Ethical Lawyers Represent Unethical Clients

Mr. Friedman, wasting time and money, and proud of it.

Mr. Frieman, wasting time and money, and proud of it.

I don’t know if Jonathan Frieman is an Occupy Oakland refugee, a failed lawyer, a scofflaw, a dummy or just a trouble-maker, but he decide to game a California “2 or more persons” car pool lane by  “sharing” his vehicle with corporate documents. Thus, when he was pulled over, he  handed the Highway Patrol officer incorporation papers that were in the passenger seat. Get it? The corporation is a “person,” legally, so there were two “people” in his car! The officer ticketed him anyway, since his defense was ridiculous. But funny! Continue reading

Unethical Quote of the Week: MLB Players Union Chief Michael Weiner

“Today’s news that those members of the BBWAA afforded the privilege of casting ballots failed to elect even a single player to the Hall of Fame is unfortunate, if not sad….To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings — and others never even implicated — is simply unfair.”

—-Major League Baseball players union executive Michael Weiner, in a formal statement released after the news that the Baseball Writers Association of American had denied Hall of Fame admission this year to all-time home run leader Barry Bonds, pitching ace Roger Clemens, and several other players who have either admitted to steroid use or are strongly suspected of being users. No player was on the requisite number of ballots this year.

It takes a Harvard lawyer to be that unethical in so few words.

It takes a Harvard lawyer to be that unethical in so few words.

It’s not easy to pack so much bad ethics into one statement, but we should not be surprised that the baseball players’ union chief was up to the task. The union shares responsibility with baseball’s “see-n0-evil” management during the steroid era and the willful blindness of the sportswriting community for allowing steroids and other performance enhancing drugs to permanently scar the game’s integrity and distort its records beyond repair. Small wonder Weiner is eager to rationalize his organization’s complicity with an absurd, deceptive and corrupting assertion that none of it should make any difference:

  • The writers did not “ignore” Bonds’ accomplishments. To the contrary, his “accomplishment” of blatantly abusing steroids, launching a late career surge of power and prowess that was alien to the career arc of every other player who ever set foot on a field as he morphed into baseball’s version of the Hulk, all while lying his head off and convincing other players that drug-assisted cheating was the accepted way to achieve fame and fortune, was exactly why he was on less than 40% of the ballots ( 75% is required for enshrinement.) Continue reading

Ethics Heroes: The Baseball Writers Association of America

Nope.

Nope.

In the Baseball Hall of Fame balloting announced today, those who elect baseball’s greats to its shrine of heroes failed to give anyone the requisite 75% ballots required for election. That’s too bad: Craig Biggio, Jeff Bagwell, Tim Raines and Mike Piazza are deserving candidates.

The writers also did not elect unrepentant cheater, record thief and game-corrupter Barry Bonds, however, who was on only 36.2% of the ballots, slightly less than suspected steroid cheat Roger Clemens (37.6).

Good.