Month: October 2016

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

/ Jack Marshall / 33 Comments

pointing-up

…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

donna-b-tweet

“Rigging,” anyone? Continue reading →

From The Ethics Alarms Mail Bag: A Reader Asks, “Is The Verizon Wireless “Can You Hear Me Now?” Guy Unethical For Going Over To Sprint?

/ Jack Marshall / 47 Comments

Question: Is the former Verizon Wireless spokes-character  whose tag line was “Can you hear me now?” unethical to star in commercials for Verizon competitor Sprint?

Answer: No, because that character, “the Test Man,” wasn’t real.

The real actor who played him, Paul Marcarelli, was playing a character and reading a script. He was acting the role of someone who told the audience how good the Verizon Wireless network was. He didn’t have to believe what he said was true. His loyalty extended no farther than his contractual obligations. The actor wasn’t ethically obligated to use Verizon Wireless, like it, understand it or believe in it, any more than Dos Equis’s “most interesting man in the world” has to really be interesting. Once the first ad series was dropped, he was a free agent.

Verizon could have included some kind of non-compete provision in the contract, forbidding Marcarelli from doing ads for a competitor, at least for a while.  It definitely could have prevented him from playing the same character as he played in the Verizon commercials, because that character is owned by Verizon. However,  Marcarelli uses his real name, Paul, in those Sprint ads, so he can argue that he’s not playing the Verizon character, but himself, and he owns the rights to “Paul Marcarelli.”

However, I do think the Sprint ads are unethical, and so obviously dishonest that they reflect poorly on Sprint. Continue reading →

Ethics Hero: The Daily Commercial’s Editorial Board

/ Jack Marshall / 44 Comments

dailt-comm

The Daily Commercial, a local paper serving Leesburg, Florida, issued a striking editorial apology for its biased coverage of the Presidential race.

In an open letter titled “The media, the election and bias,” the editors apologized to its readers and observed that the paper “hasn’t done enough to mitigate the anti-Trump wave in the pages of this paper….You deserve a more balanced approach to the coverage of elections and other weighty issues.”

The editorial says in part… Continue reading →

James Comey’s Ethical Conflict

/ Jack Marshall / 9 Comments

twopaths2

We now know that James Comey’s decision to inform Congress that the Clinton e-mail investigation had been re-opened (If I hear one more Clinton spinner  tells me that no case is ever “closed,” even one that is “completed,” I am going to run naked through the Safeway, screaming dirty limericks in pig latin. Be warned.) was “against Justice Department policy,” specifically the policy of “not acting in such a way as could influence an upcoming election.” Comey understood he was violating these guidelines, sources tell us,but felt he was obligated to do so because he had promised members of Congress he would inform them of any further developments related to Clinton’s email server misuse. Thus he sent a letter to F.B.I. employees after alerting Congress of the (possible) new evidence that necessitated re-opening the investigation. In the letter,  Comey acknowledged that his actions were unprecedented, but explained that…

I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record. At the same time, however, given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression. In trying to strike that balance, in a brief letter and in the middle of an election season, there is significant risk of being misunderstood, but I wanted you to hear directly from me about it.

According to the Washington Post,  Comey was also concerned that the discovery of the emails would be leaked to the media after he briefed a team of investigators about them, causing the  F.B.I. to be accused of a coverup to benefit Clinton.

Some ethics conclusions:

1. Comey’s actions are consistent with an understanding of the Ethics Incompleteness Principle, which is often discussed on Ethics Alarms:

“The human language is not sufficiently precise to define a rule that will work in every instance. There are always anomalies on the periphery of every normative system, no matter how sound or well articulated. If one responds to an anomaly by trying to amend the rule or system to accommodate it, the integrity of the rule or system is disturbed, and perhaps ruined. Yet if one stubbornly applies the rule or system without amendment to the anomaly anyway, one may reach an absurd conclusion or an unjust result. The Ethics Incompleteness Principle suggests that when a system or rule doesn’t seem to work well when applied to an unexpected or unusual situation, the wise response is to abandon the system or rule—in that one anomalous case only— and use  basic ethics principles and analysis to find the best solution. Then return to the system and rules as they were, without altering them to make the treatment of the anomalous situation “consistent.”

Assuming that the “policy” is a sensible and ethical one to begin with (though it isn’t), this was an anomalous case. The FBI, and Comey personally, were rightly under intense criticism for their handling of the investigation. Among other puzzling decisions, Clinton’s aides were given immunity for no apparent reason; Clinton’s interview was neither videoed nor under oath; and Cheryl Mills, who was directly involved in the private server fiasco, was allowed to serve as Clinton’s lawyer when she was questioned. The policy was designed to protect the Justice Department and its component from suspicions of bias and partisan complicity, and the inept handling of the investigation  had already created those suspicions. When such a policy appears likely to have the opposite effect that it was established for, the rational and ethical approach is to make an exception, which is what Comey did.

2. This was courageous. Continue reading →

“Black Mirror” Ethics

/ Jack Marshall / 10 Comments

black-mirror

I finally am getting around to examining “Black Mirror,” the British anthology series that explores, sometimes in a science fiction context, ethics issues involving technology. It is a critical hit, and has just had its  third season posted on Netflix.

Technology ethics is a dynamic and crucial topic. I sure hope the series is better than the  first episode, “National Anthem.”

If you are going to do a series about ethics, knowing something about ethics is mandatory. This episode is so absurd and its resolution so idiotic that it’s barely worth analyzing, No spoiler alert necessary, because I’m only going to reveal what would be in any preview synopsis. The Royal Family’s princess is kidnapped by terrorists—I think that’s a fair description—and they release a video on YouTube in which the terrified young woman announces that she will be executed unless the Prime Minister has live sex with a pig, on all TV networks.

The rest of the episode’s 60 minutes involves the PM’s “ethical dilemma” as social media weighs in and his staff and family apply various kinds of pressure. I wouldn’t waste an Ethics Quiz on this alleged “dilemma.” Continue reading →

Ethics Dunce: “Rolling Stone” Founder/Owner Jann Wenner

/ Jack Marshall / 5 Comments

rape-on-campus

 

I’ve been awarding Ethics Dunces for more than a decade now, and I’m beginning to find the title too generic. For example, Jann Wenner, in this instance, is a particularly repugnant Ethics Dunce. In short, the title’s too good for him.

Wenner’s iconic baby, Sixties relic Rolling Stone magazine, is a defendant in a  $7.5 million lawsuit brought by Nicole Eramo, a former Associate Dean of Students at the University of Virginia, who claims that the 2014 Rolling Stone article “A Rape on Campus” depicted her as a villain in the shocking story, which was ultimately shown to be about a gang rape that never happened. (Ethics Alarms covered this episode extensively, an ethics train wreck, here.) Testifying in video excerpts from his deposition, Wenner said his magazine was wrong to retract the  article, despite the fact that it was based on false allegations. In his videotaped testimony Wenner claimed that much of the material in the article was accurate

How Dan Rather of him! In a classic example of agenda-driven reporting, Rolling Stone writer Sabrina Rubin Erdely accepted the tale of a never-identified student called  “Jackie” who claimed to have been brutally raped at a party that never happened, at a misidentified fraternity, primarily by one student who was falsely accused. Because of the article, the  fraternity system at the University was temporarily shut down and permanently subjected to more stringent regulations. The male student body was tarred as teeming with sexual predators. The entire thesis of the article was based on the fabricated rape account. There is no ethical justification to continue to present such an article after its diseased heart must be removed. Continue reading →

Hillary, Her Minions, And Scooby-Doo

/ Jack Marshall / 8 Comments

Former DNC chair Howard Dean just reinforced his prominent position among the ten most loathsome figures in modern politics with this tweet regarding James Comey’s revelation that the investigation into Hillary Clinton’s mishandling of her official communications via e-mail was being re-opened:

dean-tweet

Dean’s meaning: since Russian hacks of  various e-mail accounts have provided ugly and often sinister evidence of the corrupt attitudes and practices of Hillary Clinton and her campaign, Comey’s required notification of Congress—required, mind you, by basic ethical principles and the rules of the legal profession—makes him a wrongdoer on par with those fueling Wikileaks. After all, without them, Hillary and her minions—including the outrageously complicit news media—would have succeeded in fooling all of the people all of the time. Yes, Comey, damn him, is now “on the same side” as Putin, because he is stripping away Clinton’s facade of trustworthiness.

Even before yesterday’s surprise announcement, the Democratic defense was in place that because Russia was attempting to influence the US election by revealing the filthy underside of Clinton, Inc., including, among other things…

….the inappropriate melding of Sate Department business, pay-to-play incentives, Clinton foundation fundraising and family enrichment

….discussions among aides on how to cover-up Hillary’s e-mail misadventures

….private speeches to Wall Street contradicting her public, anti-Wall street rhetoric, and most disturbing of all,

….collusion by journalists to assist the campaign

….such enlightening evidence should be ignored. This, those well-versed in the Ethics Alarms Rationalizations list will recognize, is   Rationalization #55, The Scooby Doo Deflection, or “I should have gotten away with it!,” in practice. Continue reading →

Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

/ Jack Marshall / 23 Comments

comey_letter_0_1477662300

From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 – Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading →

Of Bundys, Trump, Wikileaks, Rebellion—You Know, The Whole 2016 Election Thing

/ Jack Marshall / 83 Comments

jury-nullThe jigsaw puzzle of an existential national crisis, a real one, are assembling sufficiently so an image can be distinguished. It is uglier than I imagined.

1. Item:  The Bundy Brothers were acquitted. This was pure jury nullification, because they were guilty as hell. It might be an aberration, but I fear it is not. The jury is a fractal of democracy, and when juries start finding lawbreakers innocent, they are sending a message that those in power ignore at their peril. They say “We don’t like or respect you or your laws, and you better change, or else.” The complete class, regional and ideological estrangement from the Federal government this decision represents shows how completely Barack Obama has divided the nation, and portend a long, long, difficult and, one can only hope non-violent recovery, if some competent leaders emerge who can handle it. As trust in our institutions have collapsed with accelerating speed over the last decade, civility has deteriorated and authorities have increasingly threatened the basic Constitutional rights of citizens while extending privileges to non-citizens for political motives, the connective tissue of our society has been frayed to the snapping point. Responsible leadership, objective  and rational citizens must not shrug this verdict off as just a bunch of gun nuts and cowboys throwing a tantrum.

2. Item: Donald Trump keeps saying that the election is “rigged.” This is beyond irresponsible, in isolation not more irresponsible than what Trump has said about other things, but the timing and sheer intensity of this drumbeat from him is truly horrible….and also likely to be effective.  Continue reading →