From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading

Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations

Lies2

In an article for the Washington Post column “The Plum line,” Paul Waldman wrote, after noting that reports on the FBI investigation into Hillary Clinton’s mishandling of classified materials suggest that the F.B.I. has found no intent on her  part to violate classification rules,

“That point about her intending to break classification rules is important, because in order to have broken the law, it isn’t enough for Clinton to have had classified information in a place where it was possible for it to be hacked. She would have had to intentionally given classified information to someone without authorization to have it, like David Petraeus did when he showed classified documents to his mistress (and then lied to the FBI about it, by the way). Despite the enormous manpower and time the Justice Department has devoted to this case, there has never been even a suggestion, let alone any evidence, that Clinton did any such thing.”

This continued a process, begun and fed by Clinton herself, to mislead the public about the investigation, the law, and Clinton’s conduct. It is the insidious “narrative” tactic again, and it apparently almost impossible to fight. For example, an old friend, a smart and informed former journalist, recently posted on Facebook to the effect that he wondered if the F.B.I. would investigate Colin Powell and Condoleeza Rice, since they also used personal e-mail for official business while Secretary of State. He wrote this in good faith, because this has been a central defense from Clinton for more than a year. It is harder to kill than the Hydra, despite the fact that it is pure deceit, for two reasons.

The first is that what was considered responsible and acceptable use of technology nine years ago is not responsible and acceptable use of technology now. What was considered responsible and acceptable use of technology nine weeks ago is often not responsible and acceptable use of technology now. The acceleration of technology development was well underway when Clinton was appointed, and new security measures and best practices at all the major agencies reflected that. If she intentionally ignored this, she was irresponsible and reckless; if she negligently failed to follow them, she was incompetent. No matter how Rice and Powell handled their e-mail, it was a different time, and the comparison is invalid and misleading. No one who understands technology and the speed with which it evolves, with accepted practices becoming dangerous and incompetent virtually over-nigh, could hear Clinton’s “They did it too!” excuse without rolling their eyes. But of course, this spin isn’t intended for those who understand the issues involved. They are designed for people like my friend, who are relatively uninformed regarding technology, and can be converted into an effective disinformation agent without his consent or knowledge. Continue reading

Ethic Quiz: The Jean Valjean Rule

There are no good pictures of Jean stealing a loaf of bread, but here's Yogi Bear stealing a picnic basket...

There are no good pictures of Jean stealing a loaf of bread, but here’s Yogi Bear stealing a picnic basket…

News from Italy, via the BBC:

Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a supermarket.Mr Ostriakov, a homeless man of Ukrainian background, had taken the food “in the face of the immediate and essential need for nourishment”, the court of cassation decided.

Therefore it was not a crime, it said.

A fellow customer informed the store’s security in 2011, when Mr Ostriakov attempted to leave a Genoa supermarket with two pieces of cheese and a packet of sausages in his pocket but paid only for breadsticks.

In 2015, Mr Ostriakov was convicted of theft and sentenced to six months in jail and a €100 fine.

For the judges, the “right to survival prevails over property”, said an op-ed in La Stampa newspaper (in Italian).

In times of economic hardship, the court of cassation’s judgement “reminds everyone that in a civilised country not even the worst of men should starve”.

An opinion piece in Corriere Della Sera says statistics suggest 615 people are added to the ranks of the poor in Italy every day – it was “unthinkable that the law should not take note of reality”.

It criticised the fact that a case concerning the taking of goods worth under €5 went through three rounds in the courts before being thrown out.

The “historic” ruling is “right and pertinent”, said Italiaglobale.it – and derives from a concept that “informed the Western world for centuries – it is called humanity”.

Your Ethics Alarms Ethics Quiz for today, involving  the eternal confusion between law and ethics::

Never mind legal: was this an ethical ruling?

Continue reading

Comment Of The Day: “Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana”

Polar bear snowstorm

Not a comment on the post so much as on the underlying conditions that spawned it, Ethics Alarms reader Chris Bentley weighed in on the lack of ideological diversity on campus and the fact that many leaders both educational and political think that’s just fine. The key  question: do you listen to an argument against what you may believe with an open mind, or a closed one? The ethical answer is “Open,” but the predominant mindset on college campuses believes there isn’t any question to that effect.. Wrong is wrong, and the Left is Right, so the the only question is, “Do you allow those with wrong ideas speak at all?”

It is terrifying that universities, of all places, would ever consider that issue unsettled in the United States of America.

Here is Chris Bentley’s Comment of the Day inspired by the post, Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana:

“They know best, after all.”

Only a tertiary connection to the topic, I know, but I just got done listening to Obama’s Howard Univ. speech. While there is no doubt that he is a captivating orator, one thing kept striking me. The repeated refrain to the students, that they needed to “listen” to those that they disagree with, and not try to have speakers who think differently from you banned from campus, b/c, as his grandmother used to say “Don’t do that…Every time fool speaks they are just advertising their own ignorance. Let them talk.”

Continue reading

Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana

If these idiots are off-campus, 1) GOOD and 2) it's none of the college's business.

If these idiots do this off-campus, 1) GOOD and 2) it’s none of the college’s business.

In an e-mail to undergraduate students and the Harvard community, University President Drew Faust announced that beginning with next year’s entering class, undergraduate members of unrecognized single-gender social organizations will be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They will also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships.

The unrecognized single-gender social organizations are what is left of the old fraternities and sororities. When the Greek system was banned many decades ago (and Harvard was an all-male college), the frats reorganized as exclusive college clubs located in houses around Harvard Square in Cambridge. After Harvard merged with all-female neighbor Radcliffe College in the Seventies, sorority-like clubs emulated their male counterparts. In 1984, Harvard issued an ultimatum to the clubs to go co-ed, and the clubs responded by disaffiliating with the University.

Wrote Faust in part:

“Although the fraternities, sororities, and final clubs are not formally recognized by the College, they play an unmistakable and growing role in student life, in many cases enacting forms of privilege and exclusion at odds with our deepest values. The College cannot ignore these organizations if it is to advance our shared commitment to broadening opportunity and making Harvard a campus for all of its students….Captains of intercollegiate sports teams and leaders of organizations funded, sponsored, or recognized by Harvard College in a very real sense represent the College.They benefit from its resources. They operate under its name. Especially as it seeks to break down structural barriers to an effectively inclusive campus, the College is right to ensure that the areas in which it provides resources and endorsement advance and reinforce its values of non-discrimination.”

Faust was following the recommendation of Dean of the College Rakesh Khurana’s recommendations, who wrote in his report on the results of a “study”,

“[T]he discriminatory membership policies of these organizations have led to the perpetuation of spaces that are rife with power imbalances. The most entrenched of these spaces send an unambiguous message that they are the exclusive preserves of men. In their recruitment practices and through their extensive resources and access to networks of power, these organizations propagate exclusionary values that undermine those of the larger Harvard College community…Ultimately, all of these unrecognized single-gender social organizations are at odds with Harvard College’s educational philosophy and its commitment to a diverse living and learning experience.”

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line. Continue reading

The Ben Rhodes Confession: Apparently The Corruption And Dishonesty Of The Obama Administration Isn’t Even News Any More

I would at least think the revelation that The Simpsons' Nelson Muntz was a White House foreign policy advisor would be news...

I would at least think the revelation that The Simpsons’ Nelson Muntz was a White House foreign policy advisor would be news…

From today’s Washington Post:

“One of President Obama’s top national security advisers led journalists to believe a misleading timeline of U.S. negotiations with Iran over a nuclear-disarmament agreement and relied on inexperienced reporters to create an “echo chamber” that helped sway public opinion to seal the deal, according to a lengthy magazine profile.

Ben Rhodes, the deputy national security adviser for strategic communications, told the New York Times magazine that he helped promote a “narrative” that the administration started negotiations with Iran after the supposedly moderate Hassan Rouhani was elected president in 2013. In fact, the administration’s negotiations actually began earlier, with the country’s powerful Islamic faction, and the framework for an agreement was hammered out before Rouhani’s election.

The distinction is important because of the perception that Rouhani was more favorably disposed toward American interests and more trustworthy than the hard-line faction that holds ultimate power in Iran.”

In other words, the Obama Administration manipulated the news media to deceive the American public. The objective was to make the public less concerned about the trustworthiness of the Iranian government and the motives of the Obama administration regarding an agreement that resulted in Iran receiving billions  of dollars in exchange for a promise to do what it has never done before, adhere to an international nuclear treaty.

Since this information arrived in the form of a boast from Obama’s chief foreign policy advisor, in a tone reminiscent of the revelations of Obamacare architect Jonathan Gruber, it qualifies as a smoking gun indictment of the President’s integrity, honesty, competence and transparency.

Let me correct that: another smoking gun.

Yet the Post published this in its Style section, with the movie reviews, gossip columns and crossword puzzle. The Rhodes profile itself was published by the New York Times Magazine, not the newspaper itself. In other words, the two major U.S. dailies that were among the news sources duped by Rhodes and Obama, think this is interesting, entertaining even. They don’t perceive it as news and apparently they don’t think it is wrong. Continue reading

Comment of the Day: “Do We Really Want To Live In A Society Where Tow-Truck Drivers Refuse To Tow The Cars Of Bernie Sanders Supporters?”

 

I'm sorry. I couldn't resist.

I’m sorry. I couldn’t resist.

Not much introduction is needed for prolific commenter Pennagain‘s eloquent Comment of the Day on the despicable conduct by Trump supporter Ken Shupe. The news media really don’t comprehend what is important here: it almost seems that if the motorist he left stranded because she had a Sanders sticker on her car wasn’t handicapped, this might never have been a news story at all, especially since the conduct is not far removed from what would naturally be expected from most Trump fans, or to use the technical term, idiots.

Pennagain does get it, though. Here is his Comment of the Day  on the post, Do We Really Want To Live In A Society Where Tow-Truck Drivers Refuse To Tow The Cars Of Bernie Sanders Supporters?

In all the years — about forty, I think — during which I wore backpacks whereon buttons could advertise my positive preferences (social, political, philosophical or just amusing, never sports since I wasn’t suicidal), I never thought of removing one unless it was outdated for one reason or another. People often commented (that was part of the pleasure of it unless I was late to work) as either just a passing acknowledgement pro or con, or as an invitation to an argument. If the latter, I turned it to discussion as far as possible and usually succeeded, even if it meant one of us getting off the bus or the elevator with the other, or standing with a group on a street corner or at a park bench, and twice that I can remember adjourning to a nearby eatery for several hours.

Usually, people were satisfied just to state their preferences (“sharing” was big — a few jump in front of me or turn their backs so I could view their statements). More often than not and usually with tourists (or out-of-state, especially in small towns) there was an exchange of views, even if just for a few minutes, with those who were more curious than aggressive. The plus side was gathering acquaintances whom I ran into regularly, exchanging greetings or insults of the friendlier kind. Verbal aggression, yes, nearly always from fringe religious groups; physical threats only from very old people (…never understood that) and those clearly with psychological problems. I don’t know if I changed any minds, but I do know I set several people to thinking, and they did the same for me. [if they hadn’t, I probably wouldn’t be posting here now]

Continue reading

As Republican Ethics Heroes And Dunces Board, Dodge Or Drive The Donald Trump Presidential Candidacy Ethics Train Wreck

off the train

The Donald Trump Presidential Candidacy Ethics Train Wreck is so deadly that the nation will be forced to board the Hillary Clinton Presidential Candidacy Ethics Train Wreck to survive it, as a broken back, a smashed face and need for multiple organ transplants are still more survivable than a damaged brain and a crushed heart.

Like all political Ethics Train Wrecks, however, it does allow us to learn a great deal about various pundits, politicians and public figures. Here are some early results from the wreckage once known as the Republican Party:

Ethics Heroes: The Bushes (Jeb, George H.W. and George W.) Mitt Romney, House Speaker Paul Ryan, Republican U.S. Senators Lindsay Graham,  Ben Sasse of Nebraska and Jeff Flake of Arizona, Massachusetts Gov. Charlie Baker and Illinois Governor Bruce Rauner;  Conservative columnist Erick Erickson, Republican strategist and operative Mary Mat Weekly Standard founder and editor William Kristol.

There will be more. To reject the apparent nominee of your own party is a nearly unprecedented step for party leaders and ex-Presidents. I can’t find any vaguely similar example since Teddy Roosevelt split the GOP with his Progressive Party in 2012. Sasse has called for a third party alternative. Eventually, we will have a more definitive list, and some of these will fall into perdition. Continue reading

Celebrity vs Fan: The Amy Schumer Affair

Schumer Fan

Trendy comedienne Amy Schumer posted this tale of a recent encounter with a selfie-seeking fan on Instagram:

“This guy in front of his family just ran up next to me scared the shit out of me. Put a camera in my face. I asked him to stop and he said ” no it’s America and we paid for you” this was in front of his daughter. I was saying stop and no. Great message to your kid. Yes legally you are allowed to take a picture of me. But I was asking you to stop and saying no. I will not take picture with people anymore and it’s because of this dude in Greenville.”

She included the resulting photo of him above, which

a.) Made him an instant celebrity

b.) Made him an instant target,or

c.) Both.

Later, she “walked the statement back,” as they say in politics, and tweeted,

“I’ll still take pictures with nice people when I choose if it’s a good time for that. But I don’t owe you anything. So don’t take if I say no.”

The smiling young man with the blurry thumb  is named Leslie Brewer. This weekend, he contacted the Fox affiliate in Greenville–apparently everything will be happening in North Carolina from now on—to defend himself, and since conservatives hate Amy Schumer, Fox was eager to give him a forum.  The resulting story, in part: Continue reading

Well, At Least Trump Will Know That The News Media Will Cover Both Candidates Objectively With Equal…With Equal…HAHAHAHAHAHA!! I’m Sorry, I Just Can’t Say It

unbalanced-justice-scaleA May 5 NBC News online story reported that the infamous Rumanian hacker called “Guccifer” had revealed “in an exclusive interview” with correspondent Cynthia McFadden that Hillary Clinton’s secret private e-mail server was “like an open orchid on the Internet,” and that he hacked its contents with ease. It has been noticed, however, that NBC interviewed Guccifer during his pre-extradition detention in Rumania, at least a month ago. It was not until yesterday, when Fox News broke the news, also as an “exclusive,” that Guccifer, a.k.a. Marcel Lehel Lazar, asserted from a Virginia jail that he had repeatedly breached the former Secretary of State’s  in early 2013, that NBC let the story out.

Observations…okay, rueful and pointed observations: Continue reading