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Revelations From The John Oliver Video Post: What I Have Learned

/ Jack Marshall / 83 Comments

light-bulb PREFACE: I have just returned from a crazy three day odyssey that had me lecturing on Massachusetts legal ethics in Boston, Washington, D.C. legal ethics in the nation’s capital, and, professional ethics, legal ethics and accounting ethics in Tucson, Arizona. Keeping pace with ethics developments was even more difficult than it usually is when I’m on the road, because I had almost no time in between flights, meetings and various hassles to get to a newspaper, surf the web, or watch TV. And my browser kept crashing.

I wrote the John Oliver post, frankly, as low-hanging fruit. His performance was vile and hateful, barely funny, self-indulgent, and disrespectful in a damaging way, and I didn’t think, and still don’t, that there should be much disagreement on that assessment. I expected the usual “lighten up,” “he was only joking “[he was NOT only joking], and “he has right to free speech” comments, because I always get those any time I point out that a comedian has been unfair and irresponsible. I did not expect,for the post to get more single day traffic than all but one previous Ethics Alarms entry, and so many comments, many of which with troubling social and political significance. I returned to my office to find more comments waiting for moderation than have ever been there at one time, and I apologize for that: I try to get them cleared withing hours if not minutes. Of course, a disproportionate number of them were garbled nonsense, or just invective with no point whatsoever. They didn’t make it.

I also had some tough calls, with repetitious comments that misrepresented the post, made irrelevant or factually mistaken assertions, and also were abusive. I fear that I may have been inconsistent, and perhaps less tolerant than usual, and I’m not referring to the occasional comment I allowed to be published just to show the kind of comments that weren’t being posted. The problem is that this site is a intended to be a colloquy, and poor quality comments just make the threads hard to read, and also undermine the site.

I may have to be more ruthless in moderating comments in the future. I’m thinking about it.

Ethics is all about processing new information. Here are some useful things I learned, or re-learned, from the reaction to the post, “Ethics Dunce: HBO’s John Oliver”….

1. Otherwise reasonable, fair, smart people really do think that Donald Trump justifies unethical conduct and that makes it okay. Continue reading →

Ethics Dunce: HBO’s John Oliver [UPDATED]

/ Jack Marshall / 132 Comments

I’m being kind and restrained here. John Oliver is a lot worse than an Ethics Dunce. I’ll let you fill in the blanks.

The video above was Oliver’s final show this season on HBO. It is a full half hour of insults and hate directed at the President-Elect of the United States of America. Some of his insults and ridicule are based on substance, some appear to be  pure bias and stupidity. I almost bailed when Oliver, to the bleating of his all blue, all juvenile audience, implied that being endorsed by the head of the KKK obviously disqualifies someone to be President. Unpack the logic in that contention.

Mostly, however, it is a vicious ad hominem assault on the newly elected President of a level of unfairness and disrespect that has never been directed at any previous President Elect in public. Never, because Americans have always realized that the slate is cleared when someone becomes President, and that the individual inherits the office and the legitimacy of that office as it has been built and maintained by it previous occupants. He (no “he or she” yet, sorry: not my fault) becomes the symbol of the nation, the government and its people, a unique amalgam of prime minister, king and flag in human and civilian form.

That immediate good will, respect for the Presidency, and forgiveness of all that went before has made the transfer of power in the US the marvel of the world, and has kept the nation from violence and division. It is part of our strength as a society. It is part of the election process, and a vital one. John Oliver is intentionally tearing at that process. Continue reading →

President Trump’s Massive, Unfixable, Unwaivable Conflict Of Interest…And Why Weren’t We Worrying About This BEFORE The Election?

/ Jack Marshall / 36 Comments

trump-tower

Donald Trump, as President of the United States, will have an unprecedented conflict of interest—many, actually—that realistically cannot be fixed and never could. He will be President, and he will own a global set of businesses worth billions of dollars that his policies and decisions will unavoidably affect for better or worse, usually to his long term benefit or disadvantage.

Almost nobody, including me, and it’s my business to do so, focused substantially on the problem during the campaign. Trump, as  usually, airily dismissed the issue when it came up as if it was nothing, saying, “If I become president, I couldn’t care less about my company. It’s peanuts,” during one debate. “Run the company, kids. Have a good time.” Typical, stupid, and neither Clinton nor the moderator had the wit or information to follow up with the required, “Wait a minute, that doesn’t deal with the problem. Will you also not care about your kids, Mr. Trump? Your companies’ stockholders? Business partners? Employees?”

At least we know why Hillary was reluctant to pursue this issue, don’t we?

The Trump Organization’s executive vice president, Alan Garten, similarly brushed the problem away, saying in September, “His focus is going to be solely on improving the country. The business is not going to be a factor or an interest at that point.” That’s an incredible statement, naive at best, dishonest at worse. Of course it will be an interest. How could it not be? The question is whether it will be a factor. Human nature, and Trump’s nature, strongly suggest that it will be.

Who can tell with Trump? Maybe he really believes there’s no problem. After all, as I have written repeatedly and all evidence proves, the man doesn’t know ethics from ambergris. Whether he knows it or not, however, this is a massive  and potentially crippling problem for him and his administration, not to mention his children and his businesses. It is especially a problem because the same journalists who dismissed Hillary’s family foundation’s influence peddling while she was Secretary of State and after as another overblown conservative attack (after all, why should venality and hidden conflicts of interest interfere with electing the First Woman President?) have the long knives out to eviscerate Trump on any hint of impropriety, real or not, they can find.  This is real. Continue reading →

Hillary Clinton: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2009-2016

/ Jack Marshall / 29 Comments

hillary-testifies

The first Ethics Alarms post about Hillary Clinton ironically enough, in 2009, awarded her an Ethics Hero. (She has two.) “I know, I know. Truth and the Clintons have never been friends,” it began. And, looking back, it was a pretty generous award: all she did was describe how an ethical decision is made, and claimed that was how she decided to accept Obama’s invitation to be Secretary of State.  It didn’t prove she actually made the decision the way she said she did, and now, with the benefit of seven years’ hindsight, I think it’s likely that she was lying about it, as usual. Still, it proves that Hillary may know how to act ethically. This distinguishes her from Donald Trump.

Before heading to the voting booth, I decided to review all of the Ethics Alarms posts about Clinton. It is, I think it’s fair to say, horrifying. You can find them all here. 

There are unethical quotes of the week and month, Ethics Dunce designations, Jumbos, where Clinton denied what was in clear view to all, and KABOOMS, where the sheer audacity of her dishonesty (or that of her corrupted allies and supporters) made my skull explode skyward. If you have a recalcitrant Hillary enabler and rationalizer in your life, you should dare him or her to read this mass indictment—not that it will change a mind already warped, of course, but because the means of denying and spinning what they read will be instructive, confirming the symptoms of incurable Clinton Corruption.In July of 2015, I responded to complaints—including one from an ethics professor— that I was not objective regarding Mrs. Clinton, that I was picking on her. The response was a manifesto, stating my standards and objectives: Continue reading →

Election Extra! This News Story Illustrates Why You Can’t Trust Hillary Clinton: Corruption! Conflict Of Interest! Lies! Cover-Up! And Of Course, The Mainsteam News Media Doesn’t Want You To Understand It, Which Is Part Of The Story Itself

/ Jack Marshall / 33 Comments

[ I apologize: this is long. I also think it is important: I know this may be a tipping point for me. I hope you’ll read it, and share it.]

Yesterday, I saw this news item from Reuters, one of the few respectable news sources on the U.S. election that has not been distorting and withholding information to tip public opinion one way or the other. I tracked it all day to see whether the mainstream news media would highlight, or even mention it.

Significantly, the information involved came in a post-workday news dump on a Friday, a technique that has become a favorite of the Obama administration, and has been adopted by its party too.  If you missed it, in other words, that was the intention.

I’ll bold the most critical points:

Reuters:

The Clinton Foundation has confirmed it accepted a $1 million gift from Qatar while Hillary Clinton was U.S. secretary of state without informing the State Department, even though she had promised to let the agency review new or significantly increased support from foreign governments.

Qatari officials pledged the money in 2011 to mark the 65th birthday of Bill Clinton, Hillary Clinton’s husband, and sought to meet the former U.S. president in person the following year to present him the check, according to an email from a foundation official to Hillary Clinton’s presidential campaign chairman, John Podesta. The email, among thousands hacked from Podesta’s account, was published last month by WikiLeaks.

Clinton signed an ethics agreement governing her family’s globe-straddling foundation in order to become secretary of state in 2009. The agreement was designed to increase transparency to avoid appearances that U.S. foreign policy could be swayed by wealthy donors.

If a new foreign government wished to donate or if an existing foreign-government donor, such as Qatar, wanted to “increase materially” its support of ongoing programs, Clinton promised that the State Department’s ethics official would be notified and given a chance to raise any concerns.

Clinton Foundation officials last month declined to confirm the Qatar donation. In response to additional questions, a foundation spokesman, Brian Cookstra, this week said that it accepted the $1 million gift from Qatar, but this did not amount to a “material increase” in the Gulf country’s support for the charity. Cookstra declined to say whether Qatari officials received their requested meeting with Bill Clinton.

Officials at Qatar’s embassy in Washington and in its Council of Ministers in the capital, Doha, declined to discuss the donation.

The State Department has said it has no record of the foundation submitting the Qatar gift for review, and that it was incumbent on the foundation to notify the department about donations that needed attention. A department spokeswoman did not respond to additional questions about the donation.

According to the foundation’s website, which lists donors in broad categories by cumulative amounts donated, Qatar’s government has directly given a total of between $1 million and $5 million over the years.

The Clinton Foundation has said it would no longer accept money from foreign governments if Clinton is elected president and would spin off those programs that are dependent on foreign governments.

“MATERIAL” INCREASE

Foundation officials told Reuters last year that they did not always comply with central provisions of the agreement with President Barack Obama’s administration, blaming oversights in some cases.(reut.rs/2fkHPCh)

At least eight other countries besides Qatar gave new or increased funding to the foundation, in most cases to fund its health project, without the State Department being informed, according to foundation and agency records. They include Algeria, which gave for the first time in 2010, and the United Kingdom, which nearly tripled its support for the foundation’s health project to $11.2 million between 2009 and 2012.

Foundation officials have said some of those donations, including Algeria, were oversights and should have been flagged, while others, such as the UK increase, did not qualify as material increases.

The foundation has declined to describe what sort of increase in funding by a foreign government would have triggered notification of the State Department for review. Cookstra said the agreement was designed to “allow foreign funding for critical Clinton Foundation programs” to continue without disruption.

The State Department said it has no record of being asked by the foundation to review any increases in support by a foreign government.Asked whether Qatar was funding a specific program at the foundation, Cookstra said the country supported the organization’s “overall humanitarian work.”

“Qatar continued supporting Clinton Foundation at equal or lower levels” compared with the country’s pre-2009 support, he said. He declined to say if Qatar gave any money during the first three years of Clinton’s four-year term at the State Department, or what its support before 2009 amounted to.

In another email released by WikiLeaks, a former Clinton Foundation fundraiser said he raised more than $21 million in connection with Bill Clinton’s 65th birthday in 2011.

Spokesmen for Hillary Clinton’s campaign and Bill Clinton did not respond to emailed questions about the donation.

Now let’s get this out of the way up front: the import and significance of the facts in this story were covered up…by Clinton, by her Foundation, by State, and by the news media.This story was buried in October by the Donald Trump “pussy-grabbing” video, and the news media focused the public’s attention on little else. 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 →

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 →

Ethics Dunce: Bob Dylan

/ Jack Marshall / 7 Comments

As everyone knows by now, the Nobel folks awarded iconic folk/rock troubadour Bob Dylan its prize for literature, setting off an international debate and also cementing Dylan’s status as a cultural giant, whatever you decide to call him.

Dylan, however, has not deigned to respond to the committee, or to acknowledge the honor in any way other than a brief reference on his website (“Winner of the Nobel Prize in Literature”) that he  removed once it was noted in news reports.

What a jerk.

Dylan fans are making excuses for him—he’s shy, he’s always been strange, he doesn’t like honors, it’s a mark of integrity, and so on—-but there is no excuse for such rude and gratuitously arrogant behavior. All they really want to  do, Bob, is be friends with you.

You could say “thank you.”

Don’t Feel Too Bad, Americans: Ethics Alarms Aren’t Ringing In Canada, North Korea Or Japan, Either

/ Jack Marshall / 9 Comments

It’s an International Ethics Dunce parade!

donald-trump-humane-society

1. Ontario, Canada

The Windsor-Essex County Humane Society in Ontario thought it would be really clever to use the Donald Trump phrase that many believe disqualify him to be President in an ad to adopt kitty-cats. It featured a photo of Trump and said, “You don’t have to be a star to grab a pussy … cat.”

Amazing. Not one person in the chain of custody of this—I would say obviously, but when so many people miss it, I guess it’s not—offensive ad had an ethics alarm sound.  Nobody had the sense, prudence or guts to say,

“Uh, guys? Hello? You do realize that this is using a phrase describing sexual assault while alluding to the one who used it to describe sexual assault? You do realize that “pussy” alluding to female genitalia is vulgar and uncivil, right? No? Here, let me explain it to you…or hwo about this: there is no way this won’t spark criticism. Is that what you want?”

Sure enough,  the ad promoting cat adoptions this week for $50, was taken down shortly after it appeared this week.

The society offered a pathetic apology. Melanie Coulter, executive director of the humane society, “explained” it was an attempt to make light of the U.S election campaign, though it also “made light” of sexual assault, contemptuous attitudes toward women,  and obscene rhetoric.

“We are obviously sorry if people are offended by the ad — that wasn’t our attempt in the least,” Coulter said. “Our attempt was to find homes for cats that need them.” She also added that the shelter took in more than a hundred cats in the last week.

For the record, the rationalizations here are…

3. Consequentialism, or  “It Worked Out for the Best”

13. The Saint’s Excuse: “It’s for a good cause”

19A The Insidious Confession, or “It wasn’t the best choice.”

It also suggests that I need to add “We meant well” to the list as a sub-rationalization to #13.

****

contest-winner

2. Kuroishi, Japan

Continue reading →

KABOOM! Gary Johnson Argues That His Ignorance Is A Virtue

/ Jack Marshall / 20 Comments
Bite your tongue, Gary!

Bite your tongue, Gary!

I’m not going to include the traditional KABOOM! graphic of a head exploding, since the explosion that has evidently occurred inside Libertarian Presidential candidate Gary Johnson’s head is the issue here. Normally I wouldn’t care about a third party candidate and few others would either, but many voters who recognize how certifiably disgraceful the choices presented to us by the two major parties. They are desperately looking for an alternative. How nice, and timely, and opportune it would have been if the Libertarian Party had come through in the clutch and  nominated someone who presented themselves as competent, honest, and trustworthy! Unfortunately, it nominated Gary Johnson.

Asked on MSNBC to explain his twin failures to show that he ever reads the World News section (showing complete unfamiliarity with the epicenter of the Syrian disaster in one interview and not being able to name a single world leader  in another—he has yet to offer any explanation for his bizarre tongue episode), Johnson took another leap into weirdness. Instead of offering one of the excuses his supporters defended him with on Ethics Alarms and elsewhere (“It was a simple lapse;” “it wasn’t significant;” Trump and Hillary are so bad that he’d be a better choice if he couldn’t remember his own name…), Johnson came up with the head-exploding argument that it’s good for him to be ignorant. He really did., espousing this original theory to Andrea Mitchell

“The fact that somebody can dot the i’s and cross the t’s on a foreign leader or a geographic location then allows them to put our military in harm’s way,”

Continue reading →