Ethics Quote Of The Week: Michael Kinsley

“As the news media struggles to expose government secrets and the government struggles to keep them secret, there is no invisible hand to assure that the right balance is struck. So what do we do about leaks of government information? Lock up the perpetrators or give them the Pulitzer Prize? (The Pulitzer people chose the second option.) This is not a straightforward or easy question. But I can’t see how we can have a policy that authorizes newspapers and reporters to chase down and publish any national security leaks they can find. This isn’t Easter and these are not eggs.”

—-Pundit and former editor of Slate Michael Kinsley, reviewing the book by Edward Snowden co-conspirator Glenn Greenwald’s book, “No Place to Hide.”

This is the heroic image the press has of itself, as it protects useful criminals and traitors. Unfortunately, it's a self-serving fantasy.

This is the heroic image the press has of itself, as it protects useful criminals and traitors. Unfortunately, it’s a self-serving fantasy.

I lost much of my respect for Kinsley (full disclosure: we’re college classmates; he’s a celebrity journalist, I’m not) when he was shouting liberal talking points at Robert Novak every week on “Crossfire.” I knew Mike was more nuanced than that, and later he admitted as much in various essays: it was all for show. He later admitted that he sometimes endorsed books without reading them completely, and began writing these odd op-eds that appeared to mock the very position he seemed to be taking. Kinsley is suffering from Parkinson’s Disease*, and perhaps that’s a factor in his self-conscious sense of remove from his own writings, but the impression he has given for decades now is of a detached intellectual who looks down his nose at the very profession that feeds him, and who finds it amusing that the rubes still hang on his words, when he doesn’t give them much thought himself.

This quote from his review of Greenwald’s book (hmmm…did Kinsley actually read this one?) fits the bill. It is sloppy, but sufficiently specific to be unethical. He is essentially suggesting censorship of the press, which is an irresponsible position. The publishing of leaks should not be infringed. Chasing them down, however, is another matter. Current laws, if Democrats would leave them alone, are currently sufficient to discourage criminal acquisition of national security documents: just throw journalists who won’t reveal their criminal—that’s what they are you know, like Snowden—sources in jail until they crack, rot, or both, for obstructing justice When journalists actively aid and abet the theft of documents and data, like Greenwald did, before they are acquired and published, prosecute them too, along with their souces. Publishing such documents or using them for investigations are legitimate and First Amendment-protected activities, but nothing in the Constitution protects the leakers, traitors and thieves, or journalists who conspire to help them break the law—which is the stealing, not the publishing.

I have called what the press does with stolen material “information laundering.” That function, unfortunately, is too important to the role of the press in our democracy to regulate or constrain it, no matter how often it is abused. Still,  this should not make those who aren’t journalists immune from prosecution, or journalists who cross the line that divides reporting the news from making it.

* This is a correction; the original post said MS. I apologize for the error; I shouldn’t have relied on memory.

__________________________

Sources: New York Times

Cartoon: Doyle, Baylor

President Obama’s Epic, Tragic Incompetence: A Review

Obama

I stumbled upon this piece in Commentary by Peter Wehner. At first I was grateful that he had written it so I didn’t have to, and then was struck by the title: The New Obama Narrative: Epic Incompetence. New? This has been the narrative of the entire Obama Presidency, and I have been periodically and grimly drawing attention to that fact, while watching the mainstream media attempt to obscure it, from the very beginning. Now, as the Veteran Administration fiasco finally presents a scandal that Democrats and journalists don’t dare to try to dismiss as, in Dana Milbank’s description of the Benghazi cover-up, a “nothing-burger,” incompetence in the unaccountable, unmanaged, embarrassingly unprofessional Obama Administration is suddenly being pronounced unacceptable. To the contrary, it is because the news media unethically accepted it that the incompetence of this President is finally killing people.

The tragic legacy of Barack Obama will be recorded in three parts: his groundbreaking achievement as the nation’s first black President, his utter incompetence at governing and leadership, and his dishonesty and the dishonesty he engendered by those who reported to him. The first has been fatally undermined by the second and third, and the third, dishonesty, necessitated by the second, the relentless incompetence. The reason this is so tragic should be obvious to all. President Obama, like all trailblazers, needed to be a stand-out, exemplary performer to avoid setting back the causes his ascension needed to advance. But instead of Jackie Robinson, he has been Pumpsie Green.  Come to think of it, that may be unfair to Pumpsie, the first black player to wear a Boston Red Sox uniform. He knew his limitations, and did the best he could for as long as he could. It is also tragic because America, as much as any time in its history prior to the Civil War, needed a strong, wise, confident, unifying leader to deal with great and difficult problems that will only get worse with time. The challenges would have tested the best of leaders; for President Obama, with neither leadership instincts or talent, they have proven impossible. Worse, the basic requirements of governing have been proven to be beyond him, and he does not have the self-awareness or humility to seek the help he needs.

From Wehner’s piece:

“The emerging narrative of Barack Obama, the one that actually comports to reality, is that he is a rare political talent but a disaster when it comes to actually governing. The list of his failures is nothing short of staggering, from shovel-ready jobs that weren’t so shovel ready to the failures of healthcare.gov to the VA debacle. But it also includes the president’s failure to tame the debt, lower poverty, decrease income inequality, and increase job creation. He promised to close Guantanamo Bay and didn’t. His administration promised to try Khalid Sheikh Mohammed before a civilian jury in New York but they were forced to retreat because of outrage in his own party…The White House response to everything from the VA and IRS scandals to the seizure of AP phone records by the Department of Justice is that it learned about them from press reports. More and more Mr. Obama speaks as if he’s a passive actor, a bystander in his own administration, an MSNBC commentator speaking about events he has no real control over. We saw that earlier today, when the president, in trying to address the public’s growing outrage at what’s happening at the VA, insisted he “will not stand for it” and “will not tolerate” what he has stood for and tolerated for almost six years…On every front, he is overmatched by events. It’s painful to watch a man who is so obviously in over his head. And more and more Americans are suffering because of it.”

Continue reading →

A Puzzlement! Non-Lawyers Desperately Need A Legal Education, And Unemployed Lawyers Think Theirs Is Worthless

 

Quick, get a non-lawyer to pay you to teach him about the law, then you will have  rent money, and he'll be unemployable!

Quick, get a non-lawyer to pay you to teach him about the law, then you will have rent money, and he’ll be unemployable!

From the Fordham Law Review comes an article making an important point about American life: it is so intertwined with laws, regulations and procedures that citizens are overwhelmed, and at risk of serious adverse consequences. This provides a function for lawyers, indeed an essential one: allowing citizens of a democracy to be protected and served by laws rather than victimized by them. That is a function lawyers often serve, however, after legal ignorance has raised the specter of harm. From the abstract of Bridget Dunlap’s “Anyone Can Think Like a Lawyer,” which argues for “legal empowerment” for non-lawyers, and the duty of  lawyers to provide it: Continue reading →

Judges Who Appear To Have Difficulty Grasping The Seriousness Of Rape, And The Results Of Misallocating Values

Ok, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious...have some compassion!

OK, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious…have some compassion!

In Indiana, Superior Court Judge Kurt Eisgruber decided that jail time was too harsh for David Wise, who was convicted of  drugging his wife, raping her in her sleep, and videotaping the rapes…for three years.  He sentenced Wise to eight years of home confinement, with the remaining 12 years of his 20-year sentence suspended. Prosecutors had asked for a forty year sentence.

For some reason, Wise’s victim and former wife Mandy Boardman still holds a grudge. She recounted to the press how she would wake up puzzled, with a half-dissolved pill in her mouth. Finally, all became clear when she found videos of sexual encounters on Wise’s cell phone, and her husband confessed to her that his non-consensual sex with his drugged wife had been going on for more than three years. In trial, he explained that she was a little snippy sometimes, so drugging her and having her unconscious during sex made it a lot more pleasant for him.

Judge Eisgruber has declined to explain why this horrendous crime doesn’t warrant imprisonment, though he is running for re-election unopposed this fall, making a write-in campaign for, well, just about anybody or anything essential, I would think. He did express concern with the victim’s conduct, however, imploring her to forgive her ex-husband for his astounding breach of  trust, respect, fairness, dignity, and honesty, not to mention the law, telling Boardman during the sentencing  hearing, “I hope that you can forgive him one day, because he’s obviously struggled with this and struggled to this day, and I hope that she could forgive him.” The judge added, helpfully,

“Ultimately, I think that helps a lot of people heal — it helps them to reach that point. Some can, some cannot. I’m not in her shoes, I’m not able to say one way or another … It’s not something that’s limited to her or this case. But when people are really struggling, I just offer that out. … I just hope that they find peace.”

Continue reading →

Ethics Quote Of The Week: Former Princeton President William G. Bowen

“I think that Birgeneau, in turn, responded intemperately, failing to make proper allowance for the immature, and, yes, arrogant inclinations of some protestors. Aggravated as he had every right to be, I think he should be with us today.”

—— William G. Bowen, former Princeton President and last-minute substitute 2014 Commencement speaker at Haverford College. Bowen’s predecessor as Haverford’s designated graduation VIP, former Berkeley Chancellor Robert J. Birgeneau, had withdrawn in response to Haverford student protests that he had been too tough on the Occupy Berkeley protesters.

"Honored graduates: My advice is that when faced with determined opposition, if you know you are right, run away. Thank you."

“Honored graduates: My advice is that when faced with determined opposition, if you know you are right, run away. Thank you.”

Yes, bravo. Many pundits have commented on the epidemic of anti-free expression attitudes on campus, as various groups on campuses across the country have effectively vetoed speakers at Commencements and other forums that threatened to disturb their unshakeable belief in the infallibility of their judgment and analysis of the world before their 22n’t birthday. Yes, students are arrogant, immature, intolerant, easily misled and often ridiculous; we knew that. Thus it is up to the adults to set them straight and teach them some useful life lessons. One such lesson should be to refuse to back down in the face of criticism and opposition just because it will require character, fortitude and courage to do what you have every right to do. Continue reading →

Unethical Quote Of The Week: SunTrust Bank

pop weasel2

“SunTrust supports the rights of all Americans to fully exercise their freedoms granted under the Constitution, including those with respect to free speech and freedom of religion.”

—-SunTrust Bank, doing its best Cracker Barrel imitation by reversing its decision, announced  earlier in the day, to pull all of its listed properties with the Benham brothers’ bank-owned property business.

SunTrust was following the lead of craven, political correctness bully-enabling HGTV, which a week ago announced it was canceling a planned home renovation show hosted by the Benhams as punishment for their conservative views on same-sex marriage, because, as we all know, gays are the heart and soul of the home renovation business. Thus emboldened, the bank decided that citizens opposing same-sex marriage as taught by the faith they had been raised to embrace deserved to have their business harmed, since that’s what the SunTrust suits’ moistened fingers in the wind told them their sensitive, right-thinking customers wanted.

But the announcement turned that wind into a roaring hurricane of protest from conservatives, and, we can at least hope, some actual liberals among Democrats who comprehend that banks should not be enforcers of the growing, un-American movement to make life nasty, brutish and short for anyone who dares to see the world differently from the news media, the universities, and the rest of the thought-crime legislators among us. Thus the quick reversal, and the noble words above.

So why is SunTrust’s impeccable affirmation of their iron-clad support for our precious freedom unethical? Continue reading →

Comment of the Day #2: “Animal Ethics: Now THIS Is An Unethical Veterinarian”

Sid the dog

Rarely has a post generated as many defenders of the target of my critique as the recent Ethics Alarms commentary regarding the Fort Worth, Texas arrest of Dr. Lou Tierce, an aging veterinarian who, according to Jamie and Marian Harris, agreed to euthanize their dog Sid—that’s Sid above— based on Tierce’s diagnosis, but instead kept the dog caged in filthy and inhumane conditions for six months, until a whistleblower on his staff alerted the Harrises. 

Here is a portion of the arrest report, regarding another dog at the same clinic:

“The dog was lying on the floor twitching in pain with one leg missing, one leg dislocated and two dislocated shoulders. I then spoke to the suspect, Dr. Millard Lucien Tierce. He told me that the injured black and white collie was his dog. He said he had given water and food to the dog but had not given any medical treatment to the dog. He said he had not euthanized the dog even though in his professional opinion he knew it needed to be.

Dr. Morris, DVM, of the Fort Worth Animal Clinic, arrived on the scene and performed an evaluation of the dog. He informed me that in his professional opinion the animal was a victim of animal cruelty and the conditions of the clinic were deplorable.

Animal Cruelty Investigator R. Jacobs spoke to Dr. Millard Tierce. Tierce told him he knew the dog needed to be euthanized but he did not allow it. He signed over ownership of his dog to the Fort Worth Animal Control and the Fort Worth Animal Control took the dog to their facility.

On April 29, 2014, Dr. M.L. Morris, DVM examined the black and white border collie. Dr. Morris concluded that the dog was emaciated, had severe mouth disease, cataracts, abnormal overall health, non-ambulatory bottom of foot missing, had a degenerative neurological and untreatable disease and should have been euthanized when originally accepted for treatment. The dog was then euthanized by the city of Fort Animal Shelter.

Due to the aforementioned facts and information being related to me as a result of this investigation, I have reason to believe and do believe that Millard Lucien Tierce, did commit the offense of Cruelty to Non-Livestock Animals, against the laws of the State of Texas as set forth in the Penal Code; 42.092 (b)(l).”

Nonetheless, several loyal clients of Tierce’s clinic wrote to protest. They had entrusted their pets to him for many years, and he was clearly incapable of any kind of cruelty to Sid or any animal. The real villains were the Harrises. Or the tech who alerted them that their dog was still alive and being used for blood transfusions. Just wait, they assured me, when all the facts come out, this veterinarian from Hell will be exonerated. That the only way this could possibly occur would be for it to be proven that what the police thought was Sid was actually a hologram didn’t deter the doctor’s defenders at all.

Luckily, commenter Candy Roberts, a veterinary technician, put their arguments in perspective. Here is her much appreciated Comment of the Day on the post, Animal Ethics: Now THIS Is An Unethical Veterinarian: Continue reading →

Ethics Quiz: If There Is Going To Be A Racial Double Standard For Bigoted Statements, Can We Please At Least Know What It Is?

stop-sign2

Item: Donald Sterling, billionaire owner of the NBA Clippers, while speaking with his mistress/girl friend/ escort in the bedroom, announces that he doesn’t want her bringing black men to Clippers games. In the process, he does not say anything specifically derogatory about African- Americans. He believes the statement is private, and that he is talking to someone he could trust.He was wrong. A recording of the conversation was leaked to the press, and Sterling has been roundly vilified as a vile racist, threatened with a boycott by the players, mostly African-American, in the NBA, fined 2.5 million dollars and banned from the game.

Item: Via Mike Wise, Washington Post sports writer—

“Following Wednesday’s Pacers-Wizards game in Indianapolis, during the time when NBA rules permit media members to be present, the music blaring in the Indiana locker room was filled with vile language: racist, homophobic and misogynist. Afterward, I complained on Twitter that if Commissioner Adam Silver truly wants an inclusive league, he ought to address this (common) practice.”

Result: Wise, who is white, was attacked as a racist. What NBA players listen to in the locker room is none of his business, he is told (but what Donal Sterling says in his bed room is their business.) The NBA has done, and is expected to do, nothing.

Item: Appearing on ESPN where he is a commentator, Charles Barkley, former NBA star (and an African-American), decided to deride the women of San Antonio, Texas as fat. “There’s some big ‘ol women down there,” said Barkley. “That’s a gold mine for Weight Watchers.” He added, “Victoria is definitely a secret. They can’t wear no Victoria’s Secret down there.” A spokesperson for a fat acceptance group protested:

“Making slurs about body size is just as offensive as making comments about body color. One would think being a black man, he’d be more sensitive to having his physical body criticized. It’s totally out of line. He should absolutely apologize.”

Barkley not only refused to apologize, but defiantly challenged anyone objecting to his remarks, jokes or future comments to “change the channel.”  Nobody expects Barkley to suffer any consequences from this series of events.

Item: In 2007, talk show provocateur Don Imus got into a facetious discussion with a broadcast team member about how te women’s basket ball team from Rutgers was “rough looking” and had some “nappy-looking ho’s.” He also referenced Spike Lee’s “Do the Right Thing,” and the film’s “Jigaboos vs.  Wannabes.” Imus apologized profusely, pronouncing the exchange inappropriate, thoughtless and stupid. Under pressure from various civil rights groups,  WFAN, which produced his show, fired Imus, who has never regained his previous prominence.

Item: In 2013, media professional Justine Sacco tweeted a race-based joke before boarding a plane to Africa: “Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white!” A furious cyber mob condemned her as a racist, and demanded her punishment. When she landed in Africa, she learned that she had  been fired.

Your Ethics Alarms Ethics Quiz for today is…

What the hell is going on here?

Continue reading →

Ethics Observations On Tim Geithner’s Ethics Quote Of The Month

Stress Test

“I remember during one Roosevelt Room prep session before I appeared on the Sunday shows, I objected when Dan Pfeiffer wanted me to say Social Security didn’t contribute to the deficit. It wasn’t a main driver of our future deficits, but it did contribute. Pfeiffer said the line was a ‘dog whistle’ to the left, a phrase I had never heard before. He had to explain that the phrase was code to the Democratic base, signaling that we intended to protect Social Security.”

—- Former Obama Treasury Secretary Timothy Geithner, revealing that the White House wanted him to mislead the public on the deficit, debt and Social Security, in his newly published memoir, “Stress Test.”

Some ethics observations:

  • Sadly and predictably, the conservative news organizations are going bananas over this passage, while the liberal organizations—that is to say, all of the rest—are scrupulously ignoring it or trying to. Why sadly? Because in an ethical, objective journalistic culture, every reporter would be examining this admission, and critically.
  • Any journalist who is not bothered by this account has implicitly adopted the position that it is acceptable for the President of the United Sates and U.S. officials to mislead the public regarding crucial matters they have a right to know and understand. This is an unethical position for anyone, but especially for a journalist.
  • Of course, this is not the position of most left-oriented journalists. The position of these journalists is, apparently, that it is acceptable for Democratic Presidents of the United Sates and officials in Democratic administrations to mislead the public regarding crucial matters they have a right to know and understand, since they have exhibited no such tolerance when Republicans have occupied the White House.

Continue reading →

Michael Sam Flunks Trailblazer Ethics, And Many Will Suffer Because Of It

Sam kiss

The most charitable explanation for Michael Sam’s disastrous performance in the wake of the NFL draft is that he’s a young man who got terrible advice. A less charitable theory is that he’s an idiot. The worst theory of all is that Michael Sam is less interested in being the first openly gay pro-football player who blazes a clear path for those who follow him, and more concerned about becoming a gay icon, or worse, a martyr. Whatever the reason, Sam accepted the massive responsibility of being a cultural trailblazer, and fumbled the ball.

Sam wasn’t the best player in the NFL draft, but everyone knew, including Sam, that he would be the most closely watched. He had “come out” as gay soon after the college football season, and in light of his prominence and recognition as a stand-out athlete, his honesty and openness about his sexual orientation was hailed as a cultural turning point, an advance for gay Americans, and a test for the macho NFL. Would he be drafted? If he wasn’t (or was?), would it be because he was gay? ESPN’s cameras were in the Missouri defensive end’s home Saturday as the drafts neared its final stages with Sam name still uncalled. When St. Louis Rams coach Jeff Fisher called Sam at his agent’s house in San Diego to tell the former University of Missouri defensive lineman that they had selected him in the seventh and last round of the draft, it was instant drama.

There was more drama, in fact, than ESPN and viewers probably expected. Sam burst into tears while receiving the call, and then received an emotional, mouth-t0-mouth kiss from his boyfriend, Vito Cammisano.

Not that there’s anything wrong with that.

Actually, there is; several, in fact. To begin with, Sam had violated the Second Niggardly Principle, which states,

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

A clearer example of the SNP would be hard to find. No doubt about it, most heterosexual Americans, which means most of the public, are not used to seeing adult men kissing each other on the lips. There is no question that Sam knows this: of course he does. Even now, popular culture uses the image for shock value; it was only the 90’s when an impulsive lip-lock from Kramer on Jerry drove the studio audience to screams of laughter. No, there’s nothing “wrong” with two men kissing each other, but an awful lot of people were raised to think it is unnatural, and it is wrong to intentionally or negligently offend or upset them gratuitously. It is the flip side of tolerance: consideration and etiquette. Causing discomfort just because you can, or because your targets “deserve” or “need” to feel uncomfortable is just trouble-making for the hell of it. “Deal with it!” is confrontational and aimed at creating rancor, not comity. Continue reading →