So is THIS The Tipping Point For Trump Fans? Because One Is Coming….

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I mention this briefly, to illustrate my point that Donald Trump will keep testing the limits of human tolerance, even that of stupid, crude, bigoted, hateful and ignorant humans, until he exceeds it. This is a certainty.

Someone had thrown a tomato at Trump at a previous event, so at his Monday rally in Cedar Rapids, Trump told the crowd,

“So if you see somebody getting ready to throw a tomato, knock the crap out of them. I will pay for the legal fees. I promise.”

So we have now escalated from Trump kicking out protesters while directing that his thugs keep their coats, so they freeze, and thowing out reporters he doesn’t like, to directing the crowd to beat people up. This last would be enough for most decent, fair, civilized people, none of whom attend Trump rallies. What will make these people say, “Oh-oh! I don’t want to be associated with this guy!,” I wonder?

When he has the protester brought up the podium, says, “Stand him up!’ and breaks his jaw, like Captain McCluskey does to Michael Corleone? No? Not bad enough?

How about setting a protester on fire? How’s that?

It is certain, certain, that eventually Trump will go too far, because he has no ethics alarms.

Just wait.

You’ll see.

________________________

Pointer: Fred

 

Keep It Up, Vulgarians

This morning I was listening to a CNN reporter in New Hampshire interviewing an ordinary, middle aged woman who is a Trump supporter, and she dropped a word inappropriate for TV live. The interviewer said, “You just said a cuss word!” and she just ignored him. In Phoenix, Don Harris, the head of Arizona’s largest NAACP chapter, was discussing the somehow national scandal over six white teenage Desert Vista High School students posting a photo of themselves aligned so the letters on their T-shirts spelled N-I-*-* E-R when he just couldn’t resist saying that a TV reporter who had just interviewed him had “nice tits”as he was speaking to another TV interviewer.

The recording was posted, and Harris had to resign as Chapter president. Called about the incident by another reporter, Harris said, among other things, “I’m really fucking sorry. I’m going to slash my wrists . . . Better yet, I’m going to throw myself out of a fucking window, except I’m on the first floor . . . I’m one of the best goddamned people in the state. They’ve seen me now, they’ve seen what I’ve done. I’ve given up my law practice. I’m down here six, seven days a week. That’s what my commitment is. I support NOW, the women’s organization — goddamn! — are you shitting me? Are you going to write this up?”

Why yes, Don, you vulgar fool, they are.

Harris and the dumb New Hampshire woman (I did say she was a Donald Trump supporter, right?) are victims of the crude and ugly culture of rudeness and incivility being imposed on the culture. If you don’t fight back, you will be sucked in: your civility and decency ethics alarms will become rusted and useless. At the 2016 Golden Globes awards, knowing they were on live TV and in front of an audience of adults, various presenters and award winners used the words cunt, sugar tits, fuck and fucking (twice). Speaking like this in private or controlled workplace surroundings is as old as the hills, but somewhere the principle has been lost in which such gutter discourse was understood to be ugly, lazy and the mark of an unmannerly lout when it leaks into more formal, or public settings. Who thinks this is a positive development? Continue reading →

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading →

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

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“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →

The Seventh Annual Ethics Alarms Awards: The Worst of Ethics 2015, Part 1

Donald and Hillary

Sigh.

Watching the (encouraging) Iowa Caucuses results drip in last night, I was reminded that I hadn’t finished the task of completing the Seventh Annual Ethics Alarms Awards for 2015’s Worst in Ethics. There are two reasons for my tardiness: a lot of other ethics issues have arisen of late, and this job makes me physically ill. It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty.

Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…

Ethics Train Wreck of the Year

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The Illegal Immigration Ethics Train Wreck

One reason 2015 was a train wreck fest was that last year’s winners, the Ferguson Ethics Train Wreck, which begat the Freddie Gray Ethics Train Wreck, both begat by the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, and The Obama Administration Ethics Train Wreck, were still running amuck this year as well. The latter managed to run head-on into the immigration mess, with the President over-stepping his Constitutional limits to decide unilaterally not to enforce the law, and the Middle East foreign policy fiasco, causing Democrats to bury their heads in the sand and deny that admitting unvetted Syrian refugees into the country was unacceptably dangerous, and Republicans to start talking like 1930s Germans. Then everyone was demonizing the issue, including the President and all of the Presidential candidates. Runners-up: The Donald Trump Presidential Campaign Ethics Train Wreck and the Hillary Clinton Presidential Campaign Ethics Train Wreck

Fraud of the Year

Rachel Dolezal, the militant, angry, anti-white NAACP official who, we discovered, was lily white and had magically become black by “identifying” so.  This ridiculous episode neatly encapsulated the entire year, which included sexual predator-enabler Hillary Clinton becoming a feminist champion by identifying as one, Bruce Jenner turning himself into herself by just saying so (and cashing in as a result), and President Obama making failed policies successful by repeating over and over that they were. RUNNER-UP: The Illinois Lottery, which first lures poor citizens into paying millions they can’t afford for a distnat chance at a jackpot, and then doesn’t pay up when one of them wins.

Incompetent Elected Officials of the Year

Every elected official involved in the Flint, Michigan water disaster. Plenty of unelected officials were accountable too, but I don’t have a category for them.

Sexual Predator Of The Year

 Bill Cosby. He won this category handily in 2014, and added about 20 more alleged victims to his total this year. Who know how long he will hold the title? Meanwhile, his own Ethics Train Wreck sucked in Walt Disney World, the Smithsonian, and Claire Huxtable, among others.

Runner-up: Bill Clinton. Karma’s a bitch. Continue reading →

Jumbo Alert, As An Integrity And Corruption Check For Pundits, Journalists, And All Your Hillary Clinton-Defending Friends Looms

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The real test of when someone will lie to your face is when they will insist that their former, perhaps bias-supported but still sincerely-held position is still valid after all justifications for it have vanished. This is Jumbo territory, the point where Jimmy Durante, giant elephant in tow, shrugged to the accusing sheriff in front of him and said, “Elephant? What elephant?” That, however, was a joke. This is tragic.

Many of us knew we would reach this point long ago, of course. As many, including me, have documented since the New York Times first broke the story of how Hillary Clinton had defied policy, best practices, competent national security management, technology common sense and perhaps the law by receiving and sending her official State Department e-mail on a home-brewed server. First she said there was nothing improper about doing this, then she said she had received no classified information, then she said she had received no material marked classified. She trotted out rationalizations: “everybody did it,” “other Secretaries of State did it,” “don’t sweat the small stuff,” ultimately adding a rationalization to the list, “It wasn’t the best choice.”

Those of us who have followed the pattern of Clinton scandals over the years knew that her camp was running out of smoke when it defaulted to the old “vast right wing conspiracy” diversion that worked so well—for a while—during the Monica Mess. The facts have been pretty clear for a while now, to anyone with the honesty and fairness to acknowledge them. Hillary Clinton, for her own convenience (as she has said) and to keep her communications out of the view of Congress, the public, political adversaries and law enforcement as she mixed personal business, politics and influence peddling with her official duties, willfully endangered US security and even the lives of intelligence personnel by handling official communications in an insecure manner.

The FBI has been investigating all of this—not her, her campaign keeps reminding us, just the e-mails!—and the State Department, which has been acting as a partisan ally when it’s duty is to the American people, finally was forced by a judge to review and turn over the e-mails involved, other than the ones Clinton had destroyed by her lawyer (nothing suspicious or irregular about that). With each new batch revealed, more e-mails that contained classified information have been found. Former Defense Secretary and CIA director William Gates said this week that Russia, China and Iran, among other foreign nations, probably hacked Clinton’s e-mails, “given the fact that the Pentagon acknowledges that they get attacked about 100,000 times a day.” Meanwhile, State has identified over 1,200 emails that it deems classified were sent over Hillary’s private server, making her first denials ridiculous, and her ultimate denials an admission of gross negligence and stupidity, even if they were true. The Secretary of State didn’t discern that any of 1200 e-mails contained information requiring care and confidentiality? This is the “I’m not corrupt, I’m stupid” defense, which is one no Presidential candidate ought to be allowed to get away with, especially one being extolled by the current President for her alleged competence and experience.

Now the walls, and the facts, are closing in. Yesterday, the Obama administration confirmed for the first time that Hillary Clinton’s home server contained closely guarded government secrets, and announced that 22 emails that containing material requiring one of the highest levels of classification were so sensitive that they could not be released.  Is that clear? These are communications that were on an insecure server, vulnerable to hacking, that Clinton saw, and either didn’t recognize as such—she’s not that stupid—or didn’t care enough to start being responsible. With such e-mails, it doesn’t matter if they are marked: they are self-marking: big, loud, throbbing documents that any Secretary of State, even Secretary Gump, must know are classified because of their content.

The State Department revelation came three days before  the Iowa presidential caucuses, and, incredibly, the Clinton campaign complained about the timing! Yes, it is certainly outrageous to let voters know about the duplicity and incompetence of a candidate for President before they vote for her. This is how Clinton thinks. If that doesn’t bother you, get help.

Federal law makes it a felony for any government employee to mishandle classified information, and here comes the integrity check. With this new information, Clinton has no defense. By definition, allowing top secret information to be received and perhaps forwarded on an insecure, private server is mishandling, and illegal.  Clinton’s campaign, of course, is lying and spinning: the current tactic is to dismiss this as an inter-agency dispute over what is classified. (The Clinton-enabling Vox made bolstering this deflection the centerpiece of its “explainer”) However, when the current State Department is so sure of 22 e-mails’ top secret character that it feels it must withhold them from the public and the media, it is obvious that this was no close call, especially since State has been covering and spinning for Hillary to a disgraceful degree already.

So the facts speak: Yes, she lied. Yes, she endangered U.S. security. Yes, she willfully exposed classified documents to hacking by our enemies. Yes, she did this for her own personal and political benefit.

Yes, she broke the law, and this law ain’t jaywalking. Continue reading →

Signature Significance From The Ted Cruz Campaign: No Trustworthy Candidate Would Allow This Mailer

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I really hate fake mailers, because they are lies. Whether it is a fake census letter to hit me up for a Republican Party contribution, a fake IRS warning to make me read a tax service, a false notification of a prize I didn’t win to sell me soap, or a phony hand-addressed envelope from a “friend” to get me to check out a website, these are inherently dishonest devices dreamed up with the assistance of soulless direct marketing hacks, who from my personal experience are ethics-free sociopaths who luckily—for the rest of us— ended up in a relatively non-violent field. I don’t buy soap from companies that try to hook me with lies; I don’t give money to causes that trick me into opening their solicitations, and I definitely don’t support presidential candidates who use lies and intimidation techniques to get me to vote for them. Presidential candidates like…Ted Cruz. Continue reading →

It’s Just One Small Episode In The Vast Accountability, Integrity And Competence Void That Is The Federal Government, But It May Answer Many Questions…

Kimberly Graves appealing her VA demotion, not because she denies gaming the system and sucking up taxpayer money, but because she feels she should get away with it.

Kimberly Graves, appealing her VA demotion, not because she denies gaming the system and sucking up taxpayer money, but because she feels she should get away with it.

As essential background, please read this excerpt from the Veterans Administration’s inspector general’s report regarding “Inappropriate Use of Position and Misuse of Relocation Program and Incentives,” from last fall:

As part of our assessment of VA’s relocation expense program (PCS program), we reviewed records related to the Veterans Benefits Administration’s (VBA) reassignment of 7 General Schedule (GS) Grade 15 employees who were promoted to Senior Executive Service (SES) positions and 15 SES employees who moved to different SES positions in fiscal years (FYs) 2013, 2014, and 2015. VBA management used moves of senior executives as a method to justify annual salary increases and used VA’s PCS program to pay moving expenses for these employees. Annual salary increases totaled about $321,000, and PCS relocation expenses totaled about $1.3 million. Additionally, VBA paid $140,000 in unjustified relocation incentives. In total, VA spent about $1.8 million on the reassignments. While we do not question the need to reassign some staff to manage a national network of VAROs, we concluded that VBA inappropriately utilized VA’s PCS program for the benefit of its SES workforce.

Ms. Kimberly Graves was reassigned from her position as the Director of VBA’s Eastern Area Office to the position of Director, St. Paul VARO, effective October 19, 2014. VA paid $129,467.56 related to Ms. Graves’ PCS move. We determined that Ms. Graves also inappropriately used her position of authority for personal and financial benefit when she participated personally and substantially in creating the St. Paul VARO vacancy and then volunteering for the vacancy.

Mr. Antione Waller, former St. Paul VARO Director, told us Ms. Graves initiated discussion with him about relocating to the Philadelphia VARO. Once he expressed a willingness to accept the reassignment, she did an apparent “bait and switch.” She told him that the Philadelphia position was no longer available and he would be considered for the Baltimore VARO Director position. When he said he was not willing to move to Baltimore, Ms. Graves told him, “you will probably get another call, this probably won’t be the last conversation about Baltimore.” In an email, Ms. Beth McCoy, who at the time was the Assistant Deputy Under Secretary for Field Operations and Ms. Rubens’ subordinate, told Ms. Graves that she spoke to Mr. Waller and told him his name was already submitted to the VA Secretary for Baltimore, so “saying no now is not a clean or easy option.” Once the St. Paul Director position was vacant, Ms. Graves said she contacted Ms. Rubens and said, “I’d like to throw my name in for consideration for St. Paul … I feel like I’ve done my time and I’d like to put my name in.”

Ms. Rubens’ and Ms. Graves’ reassignments resulted in a significant decrease in job responsibilities, yet both retained their annual salaries—$181,497 and $173,949, respectively. Based on Federal regulations, we determined VA could not reduce their annual salaries upon reassignment despite the decrease in the scope of their responsibilities. However, a senior executive’s annual salary can be reduced if the individual receives a less than fully successful annual summary rating, fails to meet performance requirements for a critical element, or, as a disciplinary or adverse action resulting from conduct related activity.

We made criminal referrals to the U.S. Attorney’s Office, District of Columbia, regarding official actions orchestrated by Ms. Rubens and Ms. Graves. Formal decisions regarding prosecutorial merit are pending. We provided 12 recommendations to VA to increase oversight of VA’s PCS program and to determine the appropriate administrative actions to take, if any, against senior VBA officials.

Got that? Graves gamed the system to reduce her responsibilities while keeping her salary, and received almost $130,000 in taxpayer money as moving expenses, which, as the rest of the IG’s report documents, are routinely inflated by the VA. Continue reading →

Ethics Quiz: Second Thoughts About An Ethics Hero Emeritus

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I periodically read random posts here from years ago, to check and see if I would make a different analysis today, and why. It almost never happens, which is good: though I may not trace all of the steps in every post, the systems, methods, models, values and priorities I use to assess various events and scenarios are established and consistent. I also check older posts when I am uncertain about a new version of an issue I have addressed before. Again, I am almost always struck by how closely my thinking then matches my approach now. I am also often struck by the fact that I don’t recall writing the earlier post at all. There are over 6000 of them, so I don’t feel too senile.

Today, however, I read this NPR story, about a previously unnamed engineer at NASA contractor Morton Thiokol who had been interviewed, with a promise of not being named, by NPR after the Challenger Space Shuttle exploded, 30 years ago. Now Bob Ebeling has finally come forward publicly, and allowed his name to be attached to his tragic story.The night before the launch, he and four other engineers had tried to stop it, because the weather was too cold—it was the coldest launch ever— and their research told them that that the rubber seals on the shuttle’s booster rockets wouldn’t function properly in the extreme temperatures. They begged for the launch to be postponed, but their supervisors and NASA overruled them.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.” It did.

“I was one of the few that was really close to the situation,” Ebeling told NPR. “Had they listened to me and wait[ed] for a weather change, it might have been a completely different outcome…NASA ruled the launch. They had their mind set on going up and proving to the world they were right and they knew what they were doing. But they didn’t.”

Thirty years ago, when Ebeling didn’t want his name used or his voice recorded,  he said he feared losing his job but that,”I think the truth has to come out.” After the interview, the investigations, and the law suits, he left the company and suffered from depression and guilt that has lasted to this day. He told NPR that in 1986, as he watched that horrible video again on TV, he thought, “I could have done more. I should have done more.”

Reading and listening to the NPR story, I agreed with him. He should have done more. I was about to write a post from that perspective, when I realized I had not only written about another engineer who had tried to delay the launch, but inducted him into the Ethics Alarms Heroes Hall of Honor. His name was Roger Boisjoly, and of him I wrote in part…

Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program.

My ethics verdict then? This:

“Can we accurately call Roger Boisjoly an Ethics Hero, even though he didn’t stop the launch? I usually don’t like to call people heroes for doing their jobs. If Thiokol and NASA had behaved ethically, competently and rationally, we would not know anything about his memo or him. He did the right things, as his duties demanded. He alerted management to a deadly problem in plenty of time to address it. When they went forward, he argued and protested, until the decision was final. Afterwards, he told the truth to investigators, so the decision-making problems could be addressed. In his world, in that bureaucracy, this—doing his duty, doing the right thing—took courage. He knew, I am certain, that his career would suffer as a result of his actions. Yes, that makes Roger Boisjoly an ethics hero.”

If Boisjoly was a hero, then so is Ebeling, though Boisjoly spent the rest of his professional life lecturing at engineering schools around the world on ethical decision-making, trying to prevent future disasters.

So please help me resolve a Present Jack vs. Past Jack conflict, by considering this Ethics Alarms Ethics Quiz:

Are Bob Ebeling and Roger Boisjoly really heroes?

Continue reading →

Now THAT’S An Unethical Lawyer!

"Ay, ye fekin' eejit, I'll be reefing ye with me shillelagh!"  TRANSLATION: "Disbar me, quick!"

“Ay, ye fekin’ eejit, I’ll be reefing ye with me shillelagh!” TRANSLATION: “Disbar me, quick!”

Yesterday I posted on Facebook a real news story about an Australian teen who plotted to plant explosives on a kangaroo and sent it hopping to a terrorism target. This story, about a Louisiana lawyer who is either trying to get disbarred (with apparent success) or has lost his mind struck me about the same way. Everything seems to spinning out of control.

The Louisiana Bar Disciplinary Board  has recommended permanent disbarment for lawyer Ashton O’Dwyer Jr. This passage of its report particularly appealed to me: During a June 2012 hearing by the committee, O’Dwyer “had to be admonished for brandishing about his shillelagh, his action clearly inappropriate for a disciplinary proceeding.”

Clearly.

That’s just a sample. Here’s a random selection of some examples of how this spunky Irishman has behaved,  from the “How To Get Disbarred” handbook.

O’Dwyer first ran afoul of the ethics rules  in federal court in New Orleans during Hurricane Katrina litigation, when he engaged in personal attacks on the judge and opposing counsel, and engaged in other irregularities “prejudicial to the administration of justice.”  He was suspended by that court in 2008 for his  conduct. In response, he…

….filed a “Declaration of His Intentionally Contemptuous Non-Compliance with the Court’s Order”…

….called the Louisiana Supreme Court a “bunch of kids”…

…referred to the chief justice with a “sexual and offensive nickname,” according to hearing board’s findings of fact.

O’Dwyer then sent an email to the disciplinary counsel in which he implausibly denied the use of racially disparaging terms, which the bar found to be “disingenuous.” Then he sent another email the same day calling the disciplinary counsel a “pimp,” a “puppet,”  “Uncle Tom” and an “Oreo.”

Nothing racially disparaging about any of that, right? All of this got him disbarred for a minimum of two years. Continue reading →