Ethics Alarms Award Nominee

“Ethics Dunce” Doesn’t Do This Judge Justice: Ferguson Judge Ronald J. Brockmeyer

/ Jack Marshall / 8 Comments
When "judge not lest you be judged" is really good advice...

When “judge not lest you be judged” is really good advice…

Meet Ferguson Judge Ronald J. Brockmeyer. He  has been Ferguson’s municipal court judge for 12 years and serves simultaneously as a prosecutor in two nearby cities, as well as a private attorney. This is not as unusual a situation as you might think in rural areas, but it is certainly a fertile one for conflicts of interest, unless the busy individual is trustworthy and ethical.

This description would not seem to apply to this judge. While the Justice Department is alleging that his court in Ferguson, Mo. has reinstated the deplorable tradition of debtor’s prison, sending poor citizens of the city to jail for not paying fines they have no money to pay, Brockmeyer personally owes the US government $172,646 in taxes.

Federal tax liens filed against Brockmeyer by the Internal Revenue Service (IRS) state that he has tens of thousands of dollars in overdue personal income taxes from joint filings with his wife, Amy, and owes tens of thousands in employer taxes for his law firm.

Justice? Compassion? Empathy? Fairness? Integrity? Trustworthiness? Don’t look for any of those from the judiciary in Ferguson. How amused  Judge Brockmeyer must have been to see Darren Wilson vilified, while his villainy passed unnoticed.

“Hands up, Don’t shoot,” being a lie, is no longer even an arguably legitimate rallying cry for the kind of systemic wrong the people of Ferguson have endured. Surely this despicable and cruel hypocrite can inspire a better one.

______________________

Pointer: Lucian Pera

Hillary Clinton and the E-mails: A Case Study In Ethics Corruption

/ Jack Marshall / 32 Comments

corrupted

I’ve been meaning to write this post for a couple of days now, but haven’t had the heart. Frankly, I am really sick of having to make the same point about the Clintons over and over again—they never learn, and will never change—knowing that so many people will just immediately turn off their brains and run for the rationalizations dispensary any time dishonesty, hypocrisy, deceit or misconduct by one of them is uncovered.

This happens, you see, because the Clinton are perhaps the most prominent among a particular harmful species of individual in our culture, the ethics corrupter. Ethics corrupters are popular, powerful, successful and famous people who, because they are popular, powerful, successful and famous, many citizens conclude that they must also be good and wise, and therefor trustworthy. Since they are (many believe) good and wise, what they choose to do must also be good, and when they are accused of doing wrong, even when the evidence is unavoidable that they have done wrong, there can be only two explanations to those vulnerable to correuption. The first is that the evidence, no matter how strong, cannot be believed, and those wielding it are in fact enemies of right, good, honesty and fairness. The second is that if these good and wise people did it, then what they did cannot be wrong, or can be justified, usually by “the ends justify the means.”

Thus by gaining the trust and admiration of good people, usually through clever use of dishonesty, deception and manipulation, ethics corrupters set their admirers and supporters up to have their own values weakened or destroyed. Richard Nixon caused honest people to defend the covering up of crimes. Charlie Rangel caused people with integrity to support accepting bribes. Bill Clinton made feminists excuse exactly the kind of sexual harassment they persuaded Clinton to sign a law prohibiting, and inspired lawyers to excuse perjury because “everybody lies about sex.” Lance Armstrong made parents who once taught their children not to cheat to defend cheating, because he had a foundation with a noble cause. Brian Williams and Bill O’Reilly made TV viewers excuse lying by journalists.

Ethics corrupters make their supporters worse parents, friends, employees, employers and human beings; in turn, those corrupted supporters make society less ethical and more cynical as well. These are genuine cultural polluters; indeed, they are cultural pollution.

Hillary Clinton is an ethics corrupter, and the response to the revelations of her use of exclusively personal e-mails proves it beyond the shadow of a doubt.

There is no benign interpretation of her conduct regarding her State Department e-mails. It was not a mistake; one cannot claim that it was accidental. Since it was intentional, there must have been a purpose, and the only conceivable purposes are unethical ones. According to the 2009 National Archives and Records Administration regulations in effect when Clinton took office, “Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.”  With a private e-mail account and only using that for official correspondence, Clinton did not have a system that ensured such preservation. She, not the system, determined what would be preserved. Anything not preserved or left on her private account would not be subject to the Freedom of Information Act. Is there any explanation for having a private account only, an justification that is simultaneously responsible, plausible and does not suggest that Clinton wanted to control which of her communications could come before the public and the press?

No.
Continue reading →

The Petraeus Deal and Justice In America

/ Jack Marshall / 19 Comments

broadwell

I’m in a rush to get ready for a law firm seminar, so I’m going to mostly let Ken White at Popehat do my work for me, as he is very qualified to do in this case. In his comments on the David Petraeus plea deal, Ken quite appropriately raises questions of why such serious crimes as the acclaimed general and former CIA head engaged in do not warrant prison time, and he answers thusly: Petraeus is rich, famous and has powerful friends.

Ken obvious believes those aren’t good reasons, and I agree with him. Nor are the other rationalizations that the general has suffered enough, that he isn’t really a criminal, that the nation owes him, or that he is a valuable resource for the nation that we are better served by not storing behind bars.

I believe that Petraeus has less excuse for his conduct than the typical defendant, and that as a celebrity, war hero and tole model, his defiance of the law is more serious, and more deserving of punishment, than the majority of non-violent criminals who go to jail. Indeed, Petraeus had styled himself as a moral exemplar. I read yesterday—I don’t have time to find the link—that Edward Snowden’s lawyers sent a cheeky message to prosecutors that Snowden would be happy to accept a similar deal to Petraeus’s.  Exactly.

These incidents do terrible damage to the public’s trust in the justice system’s fairness, and they should. Plea deals like this, bought with lawyer fees, bias and influence, are unequivocally wrong.

Ben Carson’s Apology

/ Jack Marshall / 90 Comments

Prison rapeOn “New Day” yesterday, Dr. Ben Carson, who is inexplicably favored by some as a 2016 Presidential nominee (perhaps because electing someone with virtually no leadership experience has worked out so well), was asked by host Chris Cuomo whether being gay was a choice, Carson replied: “Absolutely.”

“Because a lot of people who go into prison go into prison straight — and when they come out, they’re gay. So, did something happen while they were in there? Ask yourself that question,” Carson said.

This, as anyone who has been conscious over the past 20 years or so should have been able to predict, caused great consternation among the gay community and thoughtful people generally. It was approximately as ignorant as Mets’ infielder Daniel Murphy’s comments yesterday about Billy Bean, a former major league baseball player who is the sport’s “ambassador for inclusion.”  Murphy said,

“I disagree with his lifestyle.I do disagree with the fact that Billy is a homosexual. That doesn’t mean I can’t still invest in him and get to know him. I don’t think the fact that someone is a homosexual should completely shut the door on investing in them in a relational aspect. Getting to know him. That, I would say, you can still accept them but I do disagree with the lifestyle, 100 percent.”

The difference is that Carson may be running for President, whereas all Murphy has to do is get on base and turn double plays, so Murphy saying utterly stupid things like claiming that being gay is a “lifestyle”isn’t all that relevant to his career choice. Actually, I’m not certain Carson’s statement isn’t worse, especially since he’s an educated man. I haven’t seen any surveys in which former prisoners say they have been “turned gay” in prison. We know that a lot of prisoners are raped, and we know that mane confined for long periods with other men and no women may resort to homosexual sex, but no research has suggested that this experience turns such men gay. Perhaps Carson believes that engaging in homosexual sex means a man is gay, which is like believing that a man stranded in the wilderness who survives on mushrooms and nuts is a vegan.

Carson, or whoever is trying to make this sow’s ear of a candidate into a Presidential purse, quickly decided that a retraction was in order, so Carson issued, on Facebook, a long apology, saying in part:

In a recent interview on CNN, I realized that my choice of language does not reflect fully my heart on gay issues. I do not pretend to know how every individual came to their sexual orientation. I regret that my words to express that concept were hurtful and divisive. For that I apologize unreservedly to all that were offended.

I’m a doctor trained in multiple fields of medicine, who was blessed to work at perhaps the finest institution of medical knowledge in the world. Some of our brightest minds have looked at this debate, and up until this point there have been no definitive studies that people are born into a specific sexuality.

He concluded, Continue reading →

Q: Why Is CNBC Posting Anti-Vaccination Propaganda?

/ Jack Marshall / 15 Comments

A: Because its staff is lazy, inattentive and irresponsible.

Weston Price (1870-1948), Quack. His work goes on...

Weston Price (1870-1948), Quack. His work goes on…

The cable business news network posted this press release from the natural foods and nutrition huckster group, The Weston A. Price Foundation.

It isn’t news. It is poison.  The press release makes the false claim that vaccinations spread measles, as well as other diseases. This is standard anti-vaxx hysteria, and it gets children killed.  It is false. “Measles live vaccine doesn’t transmit easily at all,” said Dr. Jane Seward of the CDC’s Division of Viral Diseases told NBC, which apparently doesn’t communicate with its subsidiaries. “I don’t think there has ever been a secondary transmission,” she added. “There is no evidence of any transmission of measles virus from a child to household contacts.” As for the Foundation itself:

“The Weston A. Price Foundation is a nonprofit, tax-exempt charity founded in 1999 to disseminate the research of nutrition pioneer Dr. Weston Price, whose studies of isolated nonindustrialized peoples established the parameters of human health and determined the optimum characteristics of human diets. Dr. Price’s research demonstrated that humans achieve perfect physical form and perfect health generation after generation only when they consume nutrient-dense whole foods and the vital fat-soluble activators found exclusively in animal fats….

Yes, it is strange, like Dr. Price’s theories, and not in a benign way. Among the foundation’s other objectives is to show that vaccinations are unnecessary if you eat right, or something: when a  home page prominently displays a link that reads, COD LIVER OIL: Our Most Important Superfood, my eyes tend to gloss over, I file the group under “Nut Balls” and move on.

CNBC posted this promotional piece uncritically and without context, leaving the impression that it was actual news, thus allowing fake news to go to the top of Google searches for gullible readers.  At the bottom of the screen it says “More from CNBC” and not “More from health food hyping anti-science fanatics.” Continue reading →

Ethics Hero: Former Red Sox Pitcher Curt Schilling

/ Jack Marshall / 18 Comments

schilling_rect

No, this isn’t about “the bloody sock.”

When Curt Schilling found his teenage daughter the target of obscene tweets from anonymous Schilling haters —he annoys vengeful Yankee fans because he led the historic Boston comeback from a 0-3 deficit that humiliated their team in 2004, deranged Democrats because he is a Republican, anti-Christian bigots because he is openly devout, and there was that scandal involving his game company blowing through millions of taxpayer dollars bestowed on it by Rhode Island —he got both mad and even, tracking down their identities, and exposing them and their filthy cyber-bullying on his personal blog.  He apologized to his daughter for prolonging her embarrassment, saying,

P.S. Gabby I know you’re likely embarrassed and for that I apologize,” he wrote. “But as we have talked about, there is no situation ever in your life, where it’s ok for any ‘man’ to talk about you, or any other woman this way (and truth be told no real man would ever talk this way anyway). It truly is time this stopped.”

Several of Gabby’s tormenters felt her famous father’s wrath in substantive ways. In the aftermath of Schilling’s counterattack,  Adam Nagel  was suspended by Brookdale Community College, where he’s a student and a disc jockey, and Sean MacDonald was terminated by the Yankees, where he worked as a part-time ticket seller. The ex-pitcher noted that several athletes who slimed Gabby Schilling were punished by their coaches.

Wrote the avenging father on his blog, Continue reading →

Attack Of The Ethics Dunces: No, There Is Nothing Wrong With North Carolina’s State Ethics Commission Ruling On Sex With Lobbyists

/ Jack Marshall / 7 Comments

gumbies2

Ah, how close I came to writing, “No, you morons…”!

The headline nearly was “Unethical Website of the Month: Addicting Info.” This pathetic site surely deserved it. It’s headline was:

North Carolina Legalizes Call Girls For Politicians

After a few smart-enough-to-know-better-but-apparently-having-an-off-day Facebook friends posted links to this crap with expressions of horror, I checked it out, assuming it was a hoax. Well, it wasn’t a hoax, exactly, just a dishonest, misleading, sensational bit of link bait. That’s not what the story is about.

Equally dumb but not quite as dishonest was the Daily Beast, which headlined its incompetent story...

North Carolina Lobbyists Can Officially Screw Politicians Legally.

What’s wrong with this one? It also has nothing to do with the facts of the story, and if you think about it, is as reasonable a headline as Annie Says The Sun Will Come Up Tomorrow. There is no place anywhere in the United States of America where it is illegal for adults in any occupation to have consensual sexual relations with any other adult regardless of his or her occupation. So, to put it in the crude, also link-baiting terms of the Daily Beast—stay classy, you left wing hacks!-–all of these are also accurate: Continue reading →

Hillary’s E-mail Ethics Breach: The Only Questions Are 1) “How Can Anyone Trust Her?” and 2) “Is there Nothing Her Supporters Won’t Excuse?”

/ Jack Marshall / 51 Comments

hillary-clinton-pointing2The ethics issue here is very straightforward and uncontroversial. As the New York Times put it:

“Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record. Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.”

I don’t know why the Times says “may have violated.” Her exclusive use of personal e-mail does violate the rules, and in fact the law, as the Times correctly states in the final sentence. Moreover:

1. This is a blatant example of Clinton again refusing to abide by rules and laws other officials are required to abide by. As the Washington Post notes, it was intentional: Clinton’s personal account was established on the same day that Clinton began her confirmation hearings to be Secretary of State., and the expiration on the domain is shortly after the 2016 election. Continue reading →

Painter Nelson Shanks, Art Fick

/ Jack Marshall / 46 Comments
Shanks. (The photographer hid a tiny image of an asshole in the photo, Nelson. He knew you'd approve.)

Shanks. (The photographer hid a tiny image of an asshole in the photo, Nelson. He knew you’d approve.)

A “fick” is an individual isn’t just unethical, shamelessly unethical, or openly unethical. Fick is the Ethics Alarms term, created in honor of the horrible Leroy Fick, who is proudly and cheerfully unethical. Fick sightings are mercifully rare, but we have a true giant of the species: Philadelphia portrait artist Nelson Shanks. Shanks, who was the artist commissioned by the Clintons to paint the portrait of Bill that hangs in the National Portrait Gallery, just gave an interview to the Philadelphia Inquirer, and without a gun pointed to he head, told them this:

“Clinton was hard. I’ll tell you why. The reality is he’s probably the most famous liar of all time. He and his administration did some very good things, of course, but I could never get this Monica thing completely out of my mind and it is subtly incorporated in the painting.

If you look at the left-hand side of it there’s a mantle in the Oval Office and I put a shadow coming into the painting and it does two things. It actually literally represents a shadow from a blue dress that I had on a mannequin, that I had there while I was painting it, but not when he was there. It is also a bit of a metaphor in that it represents a shadow on the office he held, or on him.”

Fick.

Bill Clinton chose Shanks for this prestigious task, paid him, patronized him, posed for him, and trusted him. And Shanks not only does this trick with the dress shadow, which is bad (making a disguised uncomplimentary reference to a career scandal in an official portrait is a betrayal of the subject whether it is discovered or not —See Rationalization #10, The Unethical Tree in the Forest, or “What they don’t know won’t hurt them.” ), but then makes his conduct public, instantly transforming the portrait from an honor into an indictment. He was not hired to paint an indictment.

Fick

He is using this now to his own advantage, gaining fame and name recognition, possibly enhancing the value of his work, definitely increasing interest in the painting itself. He knows there will be TV interviews and controversy; he knows enemies and critics of the Clintons, Republicans, and many of those–like me— who find Bill Clinton’s continued currency among Democrats, women and feminists infuriating will applaud him, defend him, and even reward him in various ways.

Fick.

He knows what he did was wrong, and knows announcing it is wrong. He’s still pleased with himself.

Fick.

________________________

Pointer: Tim Maher
Facts: Washington Post, Philly.com

Case Study In Unethical Journalism And The Unethical Editors Who Spawn It: Jezebel and Editor Natasha V C

/ Jack Marshall / 20 Comments
Natasha. Jezebel must be so proud.

Natasha. Jezebel must be so proud.

It is obvious that the mainstream media is determined to shoot down Wisconsin Governor Scott Walker by any means possible, because Democrats a) hate him to pieces and b) fear him. The primaries aren’t even underway, and they are already outing their own bias with over-heated criticism of his refusing to be drawn into gotcha questions about evolution and President Obama’s religion (to which he gave essentially the same answer as Hillary Clinton did in 2008: he has no way of knowing for sure), dropping subversive reminders that he never got a college degree, and already are breaching Journalism Ethics 101 principles by running bogus accusations without checking the facts. This will continue—it worked with Sarah Palin and Romney, after all—until the American public figures out what’s going on. I’ll try to help the best I can.

New York Times star columnist Gail Collins, who detests Walker with a passion that apparently obliterates all professional ethics, wrote two weeks ago that Walker was responsible for Wisconsin’s 2010 cuts to education, resulting in teacher layoffs. Walker didn’t take office until 2011. The Times retracted—six days later!—but you know how it works, and so does the Times: a fraction of the readers who read the mistake—this was a reckless, biased, embarrassing mistake—see the correction. The Times is better than Fox News…barely. Collins and her editor should have been disciplined.

Then  the progressive feminist website Jezebel printed this:

“Wisconsin Governor Scott Walker’s proposed budget—which would cut $300 million dollars out of the state’s beloved public university system—has a non-fiscal bombshell tucked in between its insane pages.Under Walker’s budget, universities would no longer have to report the number of sexual assaults that take place on a campus to the Department of Justice. Under Walker’s plan, university employees who witness a sexual assault would no longer have to report it.There are no policy recommendations in Walker’s budget how or what would replace these reporting mechanisms. The Governor simply instructs that they should be deleted.

For those of you who are unfamiliar with the bewildering force that is Scott Walker, know this: he is a small-time guy who is having a big-time moment by playing the conservative werewolf, a role Chris Christie and Jeb Bush are so far unwilling to play in their presidential bids.”

[Translation: “Small time” means “no college degree.” Ad hominem, naturally.]

The Daily Beast, which bleeds blue and has its own stable of wildly left-slanting commentators, uncritically picked up the story, as did many others. They kept it around, too, well after this was revealed: Continue reading →