“The Good Faith Of The Justice Department”: Sure.

April 16, 2018April 16, 2018 / Jack Marshall / 39 Comments

“Yes, but they are fighting in good faith…”

In his scathing indictment of the ACLU (discussed here) for giving the Justice Department a partisan pass despite the dubious legality of its raid on Trump personal lawyer Michael Cohen, Alan Dershowitz wrote,

“David Cole, who identifies himself as the ACLU Legal Director, said the organization relies on the good faith of the Justice Department, the FBI, and the judge who issued the warrant to assure all Americans that this raid on a lawyer’s office, is “a sign that the rule of law is alive.”

Here are the recent performances of key figures among that group that is getting the ACLU’s trust:

Book-peddling, Trump-stalking James Comey says in his forthcoming book that he found evidence that “would undoubtedly have been used by political opponents to cast serious doubt on the attorney general’s independence in connection with the Clinton investigation,” and also faulted Attorney General Lynch’s decision to refer to the Clinton email investigation as a “matter.”

Loretta Lynch responded to the accusation and criticism with her own statement that concluded,

“…I have known James Comey almost 30 years. Throughout his time as Director we spoke regularly about some of the most sensitive issues in law enforcement and national security. If he had any concerns regarding the email investigation, classified or not, he had ample opportunities to raise them with me both privately and in meetings. He never did.”

Fired acting FBI Director Andrew McCabe is out of a job because the independent Justice Department Inspector General found that he had lied on multiple occasions, his report concluding in one of the instances, regarding leaks to the news media about the Clinton Foundation…

“While the only direct evidence regarding this McCabe-Comey conversation were the recollections of the two participants, there is considerable circumstantial evidence and we concluded that the overwhelming weight of that evidence supported Comey’s version of the conversation.”

In response, McCabe directed his counsel to write Congress that Continue reading →

Morning Ethics Warm-Up, 4/16/2018: The Integrity Edition

April 16, 2018April 16, 2018 / Jack Marshall / 42 Comments

Good Morning!

1. James Comey, Cognitive Dissonance Dunce. The anti-Trump obsessed won’t be able to see it, but rogue ex-FBI director James Comey is doing an immense favor for President Trump and Republicans by single-handedly framing his campaign against the man who, it is increasingly obvious, correctly fired him (as Hillary Clinton would have done even faster) as that of a classic vengeful disgruntled employee and nothing more, or better. Even Time op-ed writer Charles Blow, whose every column since the election has been some paraphrasing of “I hate Donald Trump,” was forced to observe that Comey is an especially dislikable foe (as is Blow himself). The sheer number of loathsome Trump-bashers has a natural Cognitive Dissonance Scale effect that the President’s critics can’t seem to fathom.

Normal, fair-minded people whose natural instinct is to run from the likes of Nancy Pelosi, Ted Lieu, Hillary Clinton, David Hogg, Joy Reid, Bill Maher, James Comey, Robert DeNiro, Alec Baldwin, Stormy Daniels and the rest will find themselves, almost unconsciously, siding with the President rather than this basket of deplorables, because, you see, he is the President, and who wants to be identified with that crew?

In his ABC interview, which successfully marked Comey as Just Another Trump-Deranged Resistance Warrior, he actually said that Trump was “morally unfit” to be President. First of all, it is the electorate, not James Comey, that decides who is morally fit to be President. Comey’s assessment is no more or less valid than that of anyone else. Second, the statement is ridiculous on its face. If Comey had an interviewer with any knowledge of Presidential character and the history of the office, plus the wit and integrity to expose an ignorant opinion when one is broadcast coast to coast, he would have been asked..,

Was Thomas Jefferson morally fit to be President? Has Donald Trump kept his wife’s sister as a concubine and slave? Was Andrew Jackson morally fit to be President? Has Donald Trump killed anyone in an illegal duel? Was Grover Cleveland morally fit to be President? Did Donald Trump ever have a woman committed to an institution to silence her about their sexual relationship? Was Woodrow Wilson morally fit to be President? Has Donald Trump endorsed the Klu Klux Klan? Was Franklin Roosevelt morally fit to be President? Has President Trump ordered U.S. citizens into prison camps? Was Richard Nixon morally fit to be President? LBJ? Bill Clinton?

The Presidency is self-defined by its past occupants, and “moral fitness” is not a characteristic that comes to mind when considering what qualities are identified with successful, popular or effective Presidents.

2. Whither the ACLU? Alan Dershowitz has authored a searing attack on the ACLU’s lack of integrity demonstrated by its failing to condemn the Justice Department’s raid on lawyer Michael Cohen’s home and office. He writes in part, Continue reading →

Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition.

April 15, 2018April 15, 2018 / Jack Marshall / 15 Comments

Good Morning.

This, the annual March-April Ethics Alarms traffic dip, is when writing the blog becomes a job, not a joy. I really have to learn to stop caring about click, follower and share stats. It’s pure ego—well, that and the fact that my wife keeps telling me that I should be spending the time on billable matters, or getting books out to publishers.

1. Ethics Observations on the Syria bombing:

I teach in my seminars that often decisions made early in ethical dilemmas cause future ethical decisions to become impossible, because only less-unethical ones remain. U.S. and international policies regarding Syria are as good an example of this phenomenon as there is. The United Nations, if it wasn’t worthless, would have intervened to stop the humanitarian catastrophe early in the Syrian civil war. This isn’t hindsight: plenty of experts were saying so at the time. When it became clear, years ago, that this was a bloodbath tidal wave that was destabilizing the whole region (as well as killing untold numbers of civilians and children), U.S. led pressure should have been brought to bear on Assad. Now there are literally no good choices, nor ethical ones.

The United Nations is worthless, as well as toothless, gutless and principle free. If there was any justification for such an organization, it should be to prevent carnage like we have seen in Syria.

The U.S., British and French response to Assad’s use of banned chemical weapons was unavoidable, especially after President Obama had been thoroughly embarrassed and discredited by ignoring his own “red line” statement, and after President Trump had made his own veiled threats that amounted to “red line” pledges of his own.

Democrats were going to mock Trump if he did not have a military response to the latest chemical weapons war crime, and they are now criticizing Trump for following through. In doing so, they only make their own fecklessness, hypocrisy and expediency more obvious, if that were possible.

Was Assad emboldened by the President’s comments about how he was preparing to pull the military out of Syria? Who knows? Announcing troop movements in a combat zone before they occur is irresponsible and incompetent.

Obama did it repeatedly. Criticism of Trump’s equivalent conduct is valid.

Trolling the news media, the President used the phrase “Mission Accomplished!” after the attacks. Good. There is nothing wrong with the phrase, and the mission was accomplished. The mockery of President Bush for a banner he did not have anything to do with was a dastardly media hit job. Ann Althouse’s theory:

Trump is completely aware of how Bush was punched around for using that phrase in a celebration of a specific mission that in fact was accomplished, and he would like the naysayers to come after him the way they came after Bush, and when they do, he’ll show us all how to handle that kind of anti-military negativity.

Conservatives are angry about the bombing, even the ones who mocked Obama for being a weenie when Assad called his “red line” bluff. Alex Jones was actually weeping about the raid on his show . These people really are old-style Fortress America isolationists, and want the United States to abandon its traditional mission of being the world’s champion of the abused and helpless while modelling the ideals of democracy.

The non-interventionists are wrong. The ethical optics of the United States and Great Britain and France punishing a brutal dictator who flouts international law are perfect.

From the other side of the aisle, some Democrats are whining about the attack being unconstitutional, so some unscrupulous left-biased journalists are spreading the word. Now, the War Powers Act may be unconstitutional, but as long as it’s in force—and Democrats share responsibility for its continued existence—this is just more double-standard hypocrisy aimed at President Trump. The War Powers Act allows the President to take some military actions based on exigencies, as long as they do not extend into a protracted engagement.

This is why “Mission Accomplished” is an especially appropriate message. Continue reading →

Is James Comey An “Untruthful Slimeball?”

April 14, 2018April 14, 2018 / Jack Marshall / 22 Comments

That was the measured, dignified description of the fired FBI chief in President Trump’s latest tweet on the matter of Comey’s tell-all book, “A Higher Loyalty: Truth, Lies and Leadership. The Ethics Alarms verdict on the allegation doesn’t require reading the book, which I wouldn’t do if Jigsaw had me trapped in a room and gave me the choice of writing a book report on it or chewing off my own foot. (Okay, maybe I’d read it then, but I’d still have to think about it.)

We know Comey is untruthful already—he lied to Congress—and the fact that his book exists proves that he’s a slimeball.

I know I repeat myself a lot, for ethics issues are on a merry-go-round that never stops. However, I think I’ve written more than enough about the unethical practice of government officials who have left an administration cashing in with tell-all books before the administration has ended. The practice is a crass betrayal, venal, disloyal, damaging to the nation and its institutions, and I don’t care who the slimeball author is, or which President he slimes. They are all slimeballs, by definition. One of the first was President Reagan’s arrogant Budget Director, Stockman, early in that administration. Prior to Stockman, the predominant attitude and ethics was the one embodied by General George Marshall (no relation, alas), World War One and Two military leader, former Secretary of State, and architect of the Marshall plan, when he was offered a million dollars to write his memoirs in the 1950s, after he had retired from public life. Marshall turned down the cash, explaining that he couldn’t write a truthful memoir without undermining people still at working for the United States in the government and military.

How quaint! What a sap!

Or so James Comey probably thinks. Continue reading →

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

April 13, 2018April 13, 2018 / Jack Marshall / 11 Comments

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading →

Baseball Brawl Ethics [UPDATED]

April 12, 2018April 12, 2018 / Jack Marshall / 15 Comments

I noted in the Morning Warm-Up that last night’s Red Sox-Yankee rumble put me in a good mood. I should elaborate: it’s not because I like seeing a New York Yankee player get a fat lip, although I do. It is because such episodes are usually rife with ethics good and bad, and this one was no exception. Here it is again…

It began with an earlier play. Yankee rookie DH Tyler Austin employed an illegal slide when he was forced at second base. A few years ago, the Dodgers’ Chase Utley broke a shortstop’s leg while sliding into him hard to break up a double play. The ugly injury was on national TV, because it was in the play-offs, and Major League Baseball enacted a major rule change.

From the beginning of professional baseball, runners had been allowed to plow into infielders trying to make the pivot at second base and complete a double play like linebackers blitzing a quarterback. The resulting collisions often wrecked knees, ankles and careers, and a ridiculous tradition developed. Umpires allowed infielders to come off the bag before they actually received the ball for the force-out, as long as they were close to the base. The out was called anyway: it was known as the “neighborhood play,” because the infielder’s foot was in the neighborhood of second. After Utley’s slide, baseball made the attempt to interfere with the double play by slamming into the fielder illegal, with the consequence being that the double play was called complete whether the relay throw to first was completed or not.

Ethically, I applauded the rule change. For one thing, the take-out slide was already illegal: runners aren’t allowed to interfere with fielders according to the original rules, but take-out slides were tolerated, indeed encouraged anyway. As often happens when rules are ignored, integrity suffered, resulting in that absurd “neighborhood” convention. The so-called baseball purists complained, and still are complaining, but trading illegal-but-allowed hard slides that required calling imaginary outs and needlessly injured players for some gratuitous violence in a non-violent sport was always an unwise exchange.

So now a baserunner bearing down on second base when a double-play may be in progress has to slide at the base, not at the fielder. But last night, Austin had his leg high as he slid, and spiked second baseman Brock Holt, Holt, who never threw to first, had words with the Yankee, and both dugouts emptied, though no punches were thrown. It was an illegal slide, no question about it, but because Holt wasn’t interfered with, the umpires did nothing. No penalty out was called. Austin wasn’t thrown out of the game.

This is when the ancient baseball code kicked in. A Yankee had tried to hurt a Red Sox player with an illegal slide, and had gotten away scot-free. If the Sox did nothing to retaliate, they would be showing weakness. I have literally seen this plot a thousand times. I said to my wife, watching the game with me, “The Red Sox are going to throw at Austin, and there will be a fight.”

Sure enough, Sox reliever Joe Kelly, who throws pitches between 96 and 100 mph, threw a fastball into Austin’s back later in the game. Austin charged the mound, as you can see, and all heck broke loose.

Ethics notes: Continue reading →

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

April 12, 2018 / Jack Marshall / 8 Comments

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.” Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →