Ethics Alarms Award Nominee

In Virginia And D.C., Botching The Complex Relationship Between Law And Ethics

/ Jack Marshall / 72 Comments

aforadultry

Laws don’t exist merely to do things; they must also stand for the ethical principles that sustain a stable and productive society. Laws create moral codes of conduct as well as a pragmatic ones. It is profoundly puzzling to me that so many regard this as a controversial statement, especially in a country founded by two documents that are steeped in values.

There are laws against stealing to discourage theft, but also because the official voice of society must make it clear what the values of that society are. The laws against stealing state that theft is wrong. The law expresses societal consensus about acceptable and unacceptable conduct; it also reinforces and strengthens that consensus.

The fact that this is a proper function of law doesn’t mean that those who write and pass laws or the public understand any of this. The relationship isn’t taught in schools, and while one might encounter this concept in law school or a good college government or philosophy course, one can be well-educated and never think about this at all. In other words, the officials who make laws often don’t have a clue what they are doing, and neither does anyone else.

Two glaring examples have arisen in my neck of the woods, the District of Columbia, where I work, and Virginia, where I live.

Behold:

In Virginia, Virginia Senate declined to pass a bill that would have decriminalized adultery in the state. Currently, adultery is a Class 4 misdemeanor. Sen. Scott Surovell (D–Fairfax) introduced a measure that would have reduced adultery from a criminal offense to a civil one, keeping the criminal law’s fine of no more than $250. Thirteen states have repealed similar adultery statutes in recent years, and only about a dozen states still treat the act as a crime. The immediate criticism of the Virginia decision was predictable and focused on “legislating morality,” as if that isn’t a legitimate function of law. What critics, usually from the left, mean when they use this catch phrase is “How dare the government interfere with private conduct that is nobody else’s business?” Well, is spousal abuse and child abuse private, then? Bigamy? The reason adultery is illegal is that it hurts people, wrecks families, traumatizes children, and destabilizes society. It is completely appropriate for society to say  “This is bad for everyone, so don’t do it.” The law is how we express such messages. Continue reading →

A Law Student Creates A Dishonest List Called “100 Times A White Actor Played Someone Who Wasn’t White” And Begins Another List Called “Times The Washington Post Published A Race-Baiting Piece Of Lazy Research And Sloppy Reasoning By Someone Who Looks Like She Will Be A Terrible Lawyer”

/ Jack Marshall / 55 Comments

I didn’t set out to make the news media’s tolerating unethical race arguments the theme today, I really didn’t. While I was researching ESPN’s decision not to hire whites on its new website, to which the Wall Street Journal shrugged and said, by not saying, “Wait….WHAT?” in effect, “Sure, go ahead, discriminate!”, I came upon this piece of journalistic offal called “100 Times A White Actor Played Someone Who Wasn’t White” on the Washington Post website. It was authored by Meredith Simons, a law student and freelance writer. Well, Meredith, free-lance writers get away with these miserably researched and unfairly gathered articles a lot, but if you try to sneak this kind of crap past a judge or a senior partner, you’re going to have a rude awakening.

The fact that her article is incompetent and unfair in myriad ways doesn’t mean that Hollywood has been an equal opportunity employer throughout decades past. It hasn’t, but it has reflected the society and tastes in which it operates, and often has been a leader in race attitudes, as in the film “Imitation of Life.” There is work to be done, but careless articles like Simons’ just causes ignorance and confusion.

The immediate impetus for her hit piece on Hollywood casting was apparently the controversy over the casting of white actor Joseph Fiennes as Michael Jackson in a planned biopic. Simons calls him “African American icon Michael Jackson,” which is the lawyer’s trick of framing an issue to rig the debate—good one, Meredith—but skin-bleaching, child-molesting, whitebread pop star Jackson is hardly an “African American” icon: he’s a national pop icon who went out of his way to reject race and racial labels. That is what the song “Black and White” was about, right? Sure, the casting was a gimmick, but it’s a clever and legitimate gimmick that I would guess Jackson would have approved of enthusiastically. When they make “The Rachel Dolezal Story,” will Simons complain if a black actress gets the part?

So based on a phony race controversy—two, in fact, with the Oscar nomination spat included—Simons comes up with an even more phony list. “Despite decades of protests over racially inappropriate casting and the recent protests over the lack of diversity among Oscar nominees, filmmakers continue to cast white actors as minority characters on a depressingly regular basis,” she writes.

(A tip  for Social Justice Warriors: don’t write about the performing arts and casting if you don’t know a damn thing about either. The purpose of the performing arts is 1) to make a good product and 2) to make money. Anything that in any way interferes with either is irrelevant. There is no such thing as “racially inappropriate casting” if it furthers either of these objectives, or ideally both. It is not Hollywood’s job to eradicate racial inequality in the U.S. If it helps, that’s responsible and ethical of the movie-makers. This is, however, neither its art nor its business.)

Simons’ list is the epitome of the Texas Sharpshooter fallacy done badly. The fallacy consists of cherry-picking facts that support a predetermined argument and “drawing a circle around them” as if they are the sole relevant facts, while intentionally or mistakenly omitting equally relevant facts that would tend to disprove it. Bad lawyer that she is, she draws a metaphorical circle around “facts” that don’t even support her argument. I’m not going to go through the entire hundred  (say “thank-you, Jack!”) but I’ll point out some of her most egregious botches.

To begin with, either she didn’t see the movies on the list, or intentionally misrepresents them. My favorite, and typical of her terrible research: Continue reading →

Hey, Spike? Mizzou? ESPN? Explain This Diversity Thing Again; I’m Confused…

/ Jack Marshall / 37 Comments
Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

“The Undefeated” website finally debuted this in January, ESPN’s foray into issues of sports and race.

John Skipper, the president of ESPN, gave an interview with The Wall Street Journal that contained this fascinating quote:

“At the Undefeated, the play is about content. If you do a time-lapse of the last two or three years in sports, you’d see more stories pop to the top about race and sports than anything. It is an important area to explore. There is a business reason: among our most important consumers are African-Americans. There is not right now a go-to site for black fans, other than just ESPN sites. [The Undefeated] will be a black-run and black-staffed site.”

Continue reading →

A “When Ethics Alarms Don’t Ring” Case Study: The Angouleme International Comics Festival Thinks Announcing the Wrong Award-Winners Is Funny

/ Jack Marshall / 7 Comments

In December, comedian Steve Harvey inadvertently announced the wrong winner of the Miss Universe Pageant on live, national TV. It was horrible. He then had to correct his mistake, the wrongly crowned Miss Columbia had to be uncrowned, and everyone except the sadists in the audience felt awkward and embarrassed. Harvey sincerely apologized, more than once.

How anyone could be aware of that fiasco, which received world-wide attention, and conclude that it would be hilarious to do the same fake-winner bit intentionally is beyond my small mind to comprehend. Such individuals would have to have their ethics alarms installed backwards, or buy them from the Bizarro World of Superman Comics. Yet the organizers of the Angouleme International Comics Festival this tear decided exactly that: “Let’s announce the wrong winners! It will be great!“

The ceremony began with the MC, comedian Richard Gaitet,  announcing that“This will be the shortest ceremony in history, because all we want to do is drink and dance!” He then presented all nine awards in rapid succession, including the Fauve d’Or, the biggest award of the show, to Arsène Schrauwen, by Olivier Schrauwen. Then two women appeared and announced that the awards just handed out were fake, and they presented the real awards to completely different artists. The “winners” who just accepted their prizes in the exhilaration of pride and recognition, were as stunned as Miss Columbia.

The audience reaction, meanwhile, was exactly as you, I or any sane person would expect. Nobody laughed. Everyone felt that the targets of the practical joke had been abused. “We were all happy, we had tears in our eyes, and then we were humiliated,” said Sam Soubigui of Komikku, one of the publishers whose book won a “Faux Fauve” (fake prize). Another publisher who accepted a phony prize had already relayed the news of the honor to the writer and artist of the book that “won,” and then had to call them back and explain. One editor whose comic won a “Faux Fauve” left the auditorium in tears when she realized it was fake.

The condemnation of the stunt on social media was swift and unanimous. The organizers of the festival thought this was an appropriate response (courtesy of the French to English Google app, further translated by me from the typical gibberish these programs often create): Continue reading →

Comment of the Day: “KABOOM! The School System ‘Applauds The Efforts Of Students Who Act In Good Faith…'”

/ Jack Marshall / 11 Comments
This is an appropriate illustration for this Comment of the Day. You'll see...

This is an appropriate illustration for this Comment of the Day. You’ll see…

The post about the middle-schooler suspended for rushing to the aid of a stricken classmate inspired a wide range of fascinating commentary, and also generated a tangential thread, as essays here often do. This one involved some commenters challenging my assertion that the ungrammatical quote from the young hero spoke to a school system that was better at no-tolerance discipline than it was at education, and that students not conditioned to view double negatives as poor communication were being handicapped by incompetent teaching. Into the fray jumped the always provocative Extradimensional Cephalopod, who walloped the debate with one of his trademark, long-form expositions on linguistic matters.

Here is his Comment of the Day on the post, “KABOOM! The School System “Applauds The Efforts Of Students Who Act In Good Faith To Assist Others In Times Of Need” And Is Therefore Exacting Punishment So They Know Never To Do It Again.”

I agree that not all languages are created equal. Effective communication requires a few subordinate skills based on semantics (navigating within a paradigm) and empathy (shifting between paradigms). One such skill is translation, the ability to convey a set of ideas to someone who has an unfamiliar paradigm and to understand ideas they express in that paradigm. Another is background, the ability to recognize semantic cues (e.g. grammar and etiquette) and use them to create a desired impression on someone else, which is necessary to smoothly blend in with one’s surroundings, putting others at ease by appearing to be similar to them. People need to develop the power of communication in order to interact with others, and therefore regardless of how they prefer to speak, they need to be able to shift to different methods of speaking depending on the context in which they find themselves. That is the virtue of linguistic descriptivism: “When in Rome, do as the Romans do.” Or, as my grandfather likes to say, “…as the Romanians do.”

That said, linguistic prescriptivism has virtues of its own, when correctly employed, which is rare. Language is important because it is based on semantics, which is the simplification of interactions and which usually brings with it the concept of designating anything as “proper”. Labels and names are not hard limits for thought, but they shape it by making some thoughts easier than others. Any concept for which we have a word becomes easier to think of, because we can call that concept and associated ones readily to mind instead of retrieving each concept individually. It’s the difference between using the word “bird” and describing the animal’s characteristics anew each time you want to talk about it. The latter is possible, but people might have trouble thinking about birds and what they are like.

Continue reading →

Ethics Dunce: Matt Drudge

/ Jack Marshall / 24 Comments

SAG

Matt Drudge, on his Drudge Report,  posted the above photo of Susan Sarandon with the caption, “SAG.”

Nice.

The link was to this story, a really stupid one, about criticism the 69-year old actress is receiving for dressing this way to deliver an award at the Screen Actors Guild Awards.

The Drudge Report, I must note, is the favorite, go-to source for political news for conservative pundits.

The gag is per se nasty, ageist, misogynist, and creepy. Sarandon is roundly hated by conservatives for being an outspoken feminist and supporter of liberal causes. The “joke” is an ad hominem attack and a despicable cheap shot. Somewhere, someplace there might be someone who has standing to make fun of Susan Sarandon’s looks, but I don’t know of any. By the way, here is Matt Drudge:

Drudge

One can debate the tastefulness of her attire, but Sarandon, as always, looks smashing.

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

/ Jack Marshall / 57 Comments

Jumbo film

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

/ Jack Marshall / 31 Comments

ted-cruz-shaming-campaign-3

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 →

Whatever The Huffington Post Thinks It’s Doing, It Isn’t Ethical

/ Jack Marshall / 13 Comments

n-DONALD-TRUMP-HANNIBAL-LECTER-PHOTOSHOP-large570

I no longer check the Huffington Post for stories, and this latest example of its unprofessional and unethical culture is a perfect example why.

Having earlier beclowned itself by unilaterally deciding that Donald Trump did not warrant serious coverage as presidential candidate despite the fact —nauseating though it is—that he is a serious candidate and is having a massive and undeniable effect on the race, the news and opinion website now has decreed that every future story about The Donald will henceforth have appended to it the following legend:

“Note to our readers: Donald Trump is a serial liar, rampant xenophobe, racist, birther and bully who has repeatedly pledged to ban all Muslims — 1.6 billion members of an entire religion — from entering the U.S.”

My post about the ethics vacuum displayed by the previous anti-Trump policy (which Huffpo eventually had to retract) applies with equal force to this one:

“The Huffington Post has just given us one of the worst examples of the modern news media’s abandonment of professionalism and ethics for partisan favoritism, but a refreshingly open one. Usually the biased news media doesn’t announce its unethical manipulation of what we get to hear and see.”

I must conclude that even that tongue in cheek faint praise was excessively gentle. The only way Arianna Huffington could think this well-poisoning label is anything but outrageous is if she couldn’t pick a journalism ethics code out of a line-up of baseball cards and movie posters. Since the Huffington Post, by doing this, has intentionally or not proclaimed to the world that it rejects the minimal levels of restraint, fairness, objectivity and professionalism  that necessarily accompany the description “responsible and trustworthy news media,” what is it? Indeed, what the hell is it? 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…

/ Jack Marshall / 14 Comments
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 →