Ethics Alarms Award Nominee

KABOOM! Harper Collins Tries To Wipe Israel Off The Map

/ Jack Marshall / 4 Comments

No Israel

The integrity vacuum of some corporations defies the imagination. At least my imagination: this story triggered my first cranial explosion of 2015. ( For an explanation of the KABOOM! category, go here.)

US-based HarperCollins Publishers is is a subsidiary of News Corp, whose executive chairman, media tycoon Rupert Murdoch, is a vocal supporter of Israel. But its British subsidiary, Collins Bartholomew, omitted Israel from the “Collins Primary Geography Atlas For The Middle East,” citing “local preferences.”

Local preferences! Continue reading →

Prosecutor Ethics, “What The Hell Were You Thinking?” Dept: Dog-Whistling “Dixie” To The Jury

/ Jack Marshall / 29 Comments
"Wait...WHAT did you just say??"

“Wait…WHAT did you just say??”

Canyon County Deputy Prosecutor Erica Kallin wanted to make the point that the defense attorney for the African American defendant, James D. Kirk, was trying to lead the jury to ignore the evidence that pointed to his guilt in his trial for lewd conduct with a 17-year-old girl and sexual battery of a 13-year-old girl—making them, in effect,”look away” from the truth. How could she make that argument in a vivid way? Clarence Darrow used to use poems in his famous closing arguments; was there a memorable poem that used the phrase, “look away”?

“Eureka!” Erica thought. She found it! So she said to jury deliberating on the case:

“‘Oh I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away,’ And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse and her medical opinion. Look away. Look away.”

The jury convicted Kirk, on both counts; the evidence against him was indeed strong. He was sentenced to 20 years in prison. Continue reading →

Ethics Dunces Of The Air: The Crew Of Delta Flight 468

/ Jack Marshall / 7 Comments
"Fly Delta: we'll accommodate your biases!"

“Fly Delta: we’ll accommodate your biases!”

This one amazes me. There is no conceivable justification for it.

A group of ultra-Orthodox Jewish men refused to take their seats on Delta Airlines Flight 468 from New York’s JFK Airport bound to Israel, because their faith forbade them from sitting next to female passengers. The flight was delayed by 30 minutes while the crew negotiated with the men and the offending passengers—you know…women. Eventually, desperate to get the flight off the ground, some passengers agreed to trade seats.

In Ultra-orthodox Judaism, physical contact between men and unrelated women is forbidden.

So what? Continue reading →

“Say It Ain’t So, Jim!”: Jim Webb’s Unethical Family Stipends

/ Jack Marshall / 7 Comments
Webb and staff. Well, wife. Well, never mind.

Webb and staff. Well, wife. Well, never mind.

Oh, great. I have personal experience with the character of one national political figure who impresses me with his honesty, courage and integrity; I support his political career and come to his defense when he is unfairly maligned, and now this. 

Time to put an ad in Craig’s List seeking a new hero.

According to a report in the Business Insider, Webb, a potential challenger to Hillary Clinton’s claim on the 2016 Democratic Presidential nomination as well as a former U.S. Senator, head of he Veterans Administration, best-selling novelist and decorated Vietnam veteran, has been playing the old, unethical Washington game of shoveling campaign contributions to his family. Let me give you some of the depressing highlights:

  • Webb’s  Born Fighting PAC is dedicated to supporting “candidates and entities” who support economic fairness, “reorienting our national security posture,” and developing greater accountability in government.
  • Federal Election Commission reports show that the committee, which received nearly $1 million in donations, gave a relatively small portion of that money to political candidates and groups. At the same time, nearly 10% of the contributions received by the PAC went to Webb’s family.
  • Records show that Webb’s  Born Fighting PAC has received $961,515.34 in contributions from individuals, politicians, progressive groups, businesses, unions, and Democratic Party organizations since it launched at the end of 2006. Of this money, $91,999.91 went to Webb’s daughter, Amy Webb Hogan, and wife, Hong Le Webb.
  • Since Webb declared his interest in the 2016 race, he has been identified as one of the main potential rivals for Democratic front-runner Hillary Clinton. Webb, who entered the Senate in 2006, announced he wouldn’t run for reelection at the beginning of 2011.
  • The Born Fighting PAC continued to contribute to Webb’s family long after it had stopped giving to funds to candidates and the groups it was established to support. Campaign finance reports show the committee has not given any money to political candidates or groups since the end of 2010.
  • The PAC has continued to take donations. Over $100,000 from the final balance in Webb’s Senate campaign account, now closed, was transferred to the committee after he left office at the start of last year.
  • Most of the money Webb’s wife and daughter received from the committee came after it had stopped giving money to politicians and political groups.
  • Webb Hogan began receiving money from her father’s PAC in 2009, when she earned $2,000 for “website consulting services.” In each year from 2010 through 2012 she received $12,000 for the same purpose. Last year, Webb Hogan was paid $14,500 from the committee. Of the money Webb Hogan was paid last year, the reports said $13,500 was for “administrative consulting services” and $1,000 was for “website services reimbursement.”
  • Based on archived versions of the Born Fighting PAC site, it was not updated at all during this period apart from a two-sentence note thanking donors for their “past support.”
  • Hong Le Webb was first paid by the Born Fighting PAC in 2008 when she received $253.37 for travel expenses. She did not receive any money from the committee again until this year, when, as of last month, she received $14,834.34. Most of the money that the committee paid to Hong Le Webb in 2014 — $13,800 — was listed in the reports as compensation for “website services.”
  • Along with the members of Webb’s family, the committee has hired professional web designers to work on the site. This includes work on the site done in the same period Webb’s PAC paid his family members for their “website services.”
  • Archived versions of the Born Fighting PAC website indicate it was updated just once this year. Hong Le Webb nevertheless received $13,800 for “website services” in addition to the money that was paid to L.A. Design Studio.
  • The latest Federal Election Commission report, which covers the period up to Nov. 24, shows the Born Fighting PAC has only $69,391.84 of the nearly $1 million it received left on hand. The committee spent about $900,000 from 2006 through last month. Of this, the records show that, over the years, just $200,027.04 of the money donated to the PAC went to political candidates and groups.In other words, Webb’s committee used only about 20% of the money it spent to support its stated mission.
  • One Democratic operative who spoke to Business Insider said leadership PACs “generally contribute 40% to 60% of the money they receive” to other candidates and groups. Born Fighting PAC seems to have had relatively high overhead even though the records show the committee did not have office space and barely employed paid staffers apart from Webb’s wife and daughter.

Continue reading →

A Lawyer Argues “Do No Harm” Should Be Added To The Legal Ethics Rules, Thus Proving Herself To Be A Hopelessly Unethical Lawyer

/ Jack Marshall / 12 Comments
This is Alexa. She'll let you know if your client is good or bad, and whether you should help him. Just ask.

This is Alexa. She’ll let you know if your client is good or bad, and whether you should help him. Just ask.

Lawyer Alexa Van Brunt contributed a jaw-dropping op-ed to the Washington Post over the holidays. It was titled “The ‘torture’ memos prove America’s lawyers don’t know how to be ethical,” and argued that the legal profession needs the equivalent of the medical profession’s “First do no harm” ethical standard.

It was irresponsible for the Post to print such a piece, because it made its readers, most of whom are thoroughly confused about legal ethics already, even more confused. So far, I have yet to find any lawyer who regards Van Brunt’s theory as anything other than laughable, tragic, shocking, or proof that ideology rots the brain. She cannot possibly understand legal ethics or even what the duties of the legal profession are and compose such an embarrassing piece.

Alexa Van Brunt is, we are told, an attorney at the Roderick and Solange MacArthur Justice Center, a Clinical Assistant Professor at Northwestern University Law School and Center, and a Public Voices Fellow with The OpEd Project. This explains a lot. She is a public interest lawyer on a mission, and thus represents only causes that she thinks are good, right and important. Apparently she missed the part of law school where you learn that one of a lawyer’s jobs is to assist non-lawyer clients as they try to accomplish their goals, which they believe are good, right, and important. These often involve engaging in controversies with others, and zero-sum results. Someone is going to suffer “harm.”

In medicine, what “do no harm” means is frequently clear: make the patient better, not worse. There are usually not competing patients, where a limited amount of health must be allotted among suffering human beings. Thus a doctor will not ethically take a healthy heart from a living patient to give to another. In law, however, “Do no harm” would render many disputes beyond legal assistance. Is a defense lawyer who refuses to let a guilty client be convicted by insufficient evidence, jury bias and wrongful interpretation of the law doing harm by freeing a criminal, or is it harm to allow prosecutions to violate due process? Is a real estate lawyer who assists as a company purchases virgin land for the building of a factory doing harm to the environment, or is the lawyer for the environmental group that tries to block it doing harm to the economy?

Van Brunt’s primary focus is the torture issue, but even there, what is “harm” is muddy. Those who supported the use of torture believed that precluding it would place the U.S. population at risk. Alexa defines “harm” as violating international law and the Constitution, but the Constitution, some scholars believe, does not prohibit torture as the CIA practiced it, and in war, doing harm is necessary to win. Who decides whether a litigant who wants to sue for police brutality is going to do harm to public safety, or whether defending a police officer accused of murder will encourage police executions of unarmed men? Who decides, when it comes to  finding that a lawyer violated this new, sensitive ethics rule, what constitutes “harm”?

Why Alexa, of course! She and all those other good people who know with absolute certainty what is right and just in every case—they know what harm is. Just ask them. Meanwhile, client confidentiality is out, because sometimes a lawyer keeping his client’s secrets may cause harm to others. Providing legal advice to banks, defense contractors, auto manufacturers, gun-makers, processed food manufacturers, McDonalds, pharmaceuticals, the Defense Department, the CIA, pro-life organizations (abortion providers don’t harm anyone, of course), the NRA, the Republican Party, this all causes harm…by Alexa’s standards, and she knows best. We don’t need judges or juries, just let the consciences of lawyer and their associations decide which clients are virtuous enough to be worthy of legal representation.

The op-ed is not just absurd, but ignorant and alarming. How can anyone this warped and lacking in understanding of the law and the ethical duties of the profession be teaching at a law school, where she can assist in the minting of new lawyers as ignorant, arrogant and unethical as she is?

Talk about doing harm.

 

Incompetent Elected Official Of The Month: Rep. Michael Grimm (R-NY)

/ Jack Marshall / 18 Comments

jailedI have to get the ridiculous Congressman Grimm on the record so he’s eligible for the “Worst of Ethics 2014”  awards coming up in just a week or so.

You’ll remember the charming Rep. Grimm from this post, when he threatened to kill a reporter for asking him a question.

Now, after winning re-election in November (Staten Island and South Brooklyn, hang your head) despite being indicted on 20 criminal counts mail fraud and perjury, he has pleaded guilty to felony tax evasion and will be sentenced in June. He could spend from 24 to 30 months in prison.

So far, Grimm has indicated that he will not resign, which is where the “incompetent” comes in: he’s nuts. The nation can’t have convicted felons making its laws, or even sitting in the halls of Congress. House Minority Leader Nancy Pelosi called for Grimm to be thrown out; for once she’s right. It is likely that republican leadership will move against him quickly if he continues to be stubborn.

The House’s code of conduct could force him to abstain from congressional activities. There is a House rule that states that a member who has been convicted of a crime “for which a sentence of two or more years’ imprisonment may be imposed should refrain from participation” in committees and from “voting on any question at a meeting of the House,” until the member is “reelected to the House after the date of such conviction.”

The man has embarrassed himself, his office, his district, his constituency, anyone who voted for him, his party, his state and his nation and its system of government. Of course he has to resign.

I must say, though, if Grimm believes the same bozos who elected him in November won’t abandon him just because he’s wearing an orange jumpsuit while running, you can hardly blame him.

UPDATE: Grimm will resign.

______________

Sources: NPR, Washington Post

News From The “Pay It Forward” Front: Neal Shytles

/ Jack Marshall / 2 Comments

Neal-Shytles-buys-goodies

At the beginning of this month, Ethics Alarms honored Ashley McLemore of Norfolk, Virginia, who answered the ad placed by a homeless man, Neal Shytles who wanted to spend Thanksgiving with a family. He spent the day with hers, and for Christmas, Shytles devised a way to help others like himself in need of holiday kindness.

Neal resolved to make goodie bags for the hundreds of men who always assemble for dinner at his local mission, creating a Facebook page to collect Walmart gift cards to purchase socks, gloves, hand warmers and candy. His efforts raised more than a thousand dollars that was matched by the local TV station that first broadcast the story of Ashley McLemore’s kindness.   Then WTKR took Neal to Walmart, where he filled four carts, and its staff helped him  assemble the gifts  into dozens of brown paper bags.

Thanks, Neal. I needed this story.

KABOOM! or Unethical Quote of The Month? You Decide…I Can’t, Because My Head Just Exploded All Over The Christmas Tree

/ Jack Marshall / 4 Comments

merry_bloody_christmas

“I actually think that it’s probably in its day-to-day interactions less racially divided.”

—President Obama on National Public Radio, giving his assessment of race relations in the U.S. today compared to when he was elected in 2008.

It’s kind of pretty, really.

That explosion (see Kaboom!) was based—I’m guessing now, since I don’t control when my brain blows—-on my shock that the President actually could be President and believe that, as well as not be aware how deluded he appears to assert such something so contrary to evident reality. Is he really that estranged from what is happening in the country he leads? Frightening. Is he really incapable of comprehending the single biggest, most damaging, most unexpected and most dangerous failing of his entire administration? Pathetic. Does he not watch TV? Read blogs? Does he exist in a separate, narcissist parallel reality where everything is as he wills it to be? Wow.

I know that the networks he watches and the newspapers he reads didn’t report them for the most part, but every poll shows that the public overwhelmingly believes that race relations have worsened. You can dispute the value and accuracy of polls with considerable justification, but these are the kinds of polls most likely to be accurate. How plausible is it that race relations, defined as how the races feel about each other and how they are getting along, could improve with the public believing they have worsened? Here’s polls from Pew, Gallup (“The percentage of Americans naming “race relations” or “racism” as the most important problem in the U.S. has climbed dramatically to 13%, the highest figure Gallup has recorded since a finding of 15% in 1992, in the midst of the Rodney King verdict.”), NBC, IDB ( “By an almost 3-1 margin, Americans say race relations have worsened under the man who was supposed to usher in a golden era of “post-racial” relations.”), Bloomberg, and Politico, and there are many others, all with the same message. Moreover, all of them were taken before the ‘killer racist cops ‘ campaign by Sharpton  and his cohorts culminated in the assassination of two police officers by a deranged African American seeking to take “two of theirs for one of ours.” Let’s see a show of hands: how many think race relations have improved in the last two weeks?

Other than the President, that is. Continue reading →

KABOOM!* The Most Unethical Anti-Gun PSA Yet

/ Jack Marshall / 19 Comments

[ If you are new to Ethics Alarms and don’t understand the significance of a Kaboom, go here.]

Should you need any further proof that anti-gun mania turns some people into clinical phobics, melting their ethics alarms and leaving all rationality behind, I give you this, a recent public service video out of San Francisco’s Sleeper 13 Productions:

Could such an ad be more irresponsible? It urges children to

  • Go looking for their parents guns (and why did is the gun in the video where a kid can have access to it?);
  • Pick them  up and handle them (Is the gun loaded?);
  • Steal the guns ( Any gun? Shotguns? Rifles? Semi-automatic weapons?)
  • Take the guns to school, breaking the law in the process;
  • Turn them over to their teachers, who also may have no business handling one.

In the process of this well-intentioned, hysterical brain rot, the PSA also encourages children to be terrified if their parents own a gun, though there is no context at all in the video. Is a parent a cop? An FBA agent? A gun collector? A hunter? A trained marksman? Clint Eastwood? James Bond? Never mind: steal the gun. This attitude is the tell-tale symptom of an anti-gun zealot: it’s the gun itself that is dangerous, and who owns or wields it is irrelevant. Continue reading →

I’m Dreaming Of A Zombie Christmas

/ Jack Marshall / 11 Comments

Zombie Nativity

I didn’t say it was a pleasant dream.

Hmmm, how should I describe this? I would say that a law is being used to violate the First Amendment rights of an unethical jerk who is intent on abusing them.

Or, in the alternative, Jasen Dixon may just be an idiot.

Sycamore Township, which is just outside Cincinnati, has responded to complaints by neighbors by applying various ordinances against Dixon’s unusual Nativity scene that he constructed in his front yard. It features life-size figures portraying Joseph and Mary as the walking dead, and a zombie baby Jesus, who has pale skin and pure white eyes. Here, here’s a close-up of Zombie Baby Jesus:

Zombie-nativity-scene

Awwwww!

Dixon suspects that the township laws, which prohibit structures in the front or the side yard of a residence that occupy more than 35 percent of its total area, and require that the primary structure must be 3 feet from the street and 6 feet from the dwelling, are really being selectively enforced against him because his holiday display offends some people….well, almost everyone. I suspect this as well.

Poor Jason says he doesn’t mean any harm: he’s just doing the best he can to celebrate the birth of baby Jesus. “I wanted a Nativity and I worked with what I had,”  says Dixon, who manages a nearby haunted house called “The 13 Rooms of Doom.” He says his First Amendment rights are being infringed.

“I’ve lived here for 15 years and I’ve never had a violation of any kind,” Dixon said. “It’s a holiday decoration. I know if it was a real pretty Nativity scene they wouldn’t be saying anything.”

I’ll agree with that too. Continue reading →