Ethics Train Wrecks

Donald Trump Candidacy Ethics Train Wreck Passenger List Update: Georgetown Law Prof. Paul Butler Scores A Perfect Rationalization #28

/ Jack Marshall / 10 Comments
We're real sorry about this, but these are not ordinary times...

We’re really sorry about this, but these are not ordinary times…

The human ethics train wreck named Donald Trump is now in the process of exposing how thin the veneer of professionalism is for many alleged intellectuals, scholars and lawyers. On an e-mail list of most of the legal ethicists in the country, one of them posted this in reaction to Justice Ginsberg’s unethical and unjudicial shots at Donald Trump:

“I love RBG way too much to be critical of her in any way . Long may she live!”

This opne expression of willful denial, from not merely a lawyer, but an ethics specialist! It is the epitome of one of my father’s favorite quotes, “My mind’s made up, don’t confuse me with facts.” I responded to the list that it was the most depressing statement I had ever read from any of the list’s participants.

Paul Butler’s op-ed in the New York Times isn’t much better. The Georgetown Law Center professor defended Ginsberg’s indefensible comments by arguing that these times are special, and thus suspend the ethics principles that must govern judges if the judiciary is to engender any respect or trust at all. He writes:

“Normally Supreme Court justices should refrain from commenting on partisan politics. But these are not normal times. The question is whether a Supreme Court justice – in this case, the second woman on the court, a civil rights icon and pioneering feminist — has an obligation to remain silent when the country is at risk of being ruled by a man who has repeatedly demonstrated that he is a sexist and racist demagogue. The answer must be no.”

No, Professor, the answer must be “yes.” Continue reading →

Ethics Quote Of The Day: Ann Althouse

/ Jack Marshall / 4 Comments

politifact_photos_Obama_speaking_in_Poland

Why is racial discord the problem of the summer 2016? If anyone has what it takes to unify the country over race it is Barack Obama, who is President right now and who had been President for 7 1/2 years. If it makes any sense to be deciding the current presidential election on this issue, if this longed-for capacity is something that can possibly exist, then Barack Obama would be doing it now and would have been doing it for years.

Before you push us to judge whether Hillary Clinton or Donald Trump would do better in bringing us together in racial harmony, Mr. Healy, please say a few words about why President Obama has failed. Of course, neither Clinton nor Trump inspires hope for a new opportunity at racial harmony. That’s what Obama did in 2008. He was ideal for that issue and we voted for the hope. Now, so many years later, things seem even worse. Can you analyze how that happened? Because that did happen. I don’t see how we can begin to think about what more Trump or Clinton could do unless we understand why President Obama failed.

—–Law professor Ann Althouse, on her blog, responding to an op-ed piece in the New York Times by Pat Healy bemoaning the inability of either Trump of Clinton to respond to the Dallas shootings in a manner that unifies rather than divides.

1. I admit it: sometimes I look for other commentators who have discerned what I have discerned and use their quotes to state what I would normally be writing myself. Althouse is a left-leaning eccentric moderate who is not overtly political, and who is skilled at overcoming her own biases. She voted for Obama (at least once), and she plies her craft as a law professor in Madison, Wisconsin, as progressive a community as there is. I have found Obama’s leadership ability and Presidential performance wanting in almost all respects since early in his administration and have explained my analysis here.  The price I pay for this is that those who are in denial over what should be obvious (though terribly disappointing and sad) feel that my consistent  criticism gives them the opportunity to mask their denial by  labeling me an Obama-hater, a partisan (as if I wouldn’t be equally critical of an incompetent Republican President with a flat learning curve) and even a racist. A quote like Althouse’s is not so much an appeal to authority—I disagree with Professor Althouse a lot, though not her dislike of men wearing shorts—but choosing to allow someone else to say well what I may not have said any better, and to prove that I’m not the only one coming to such conclusions.

2. The President’s comments on the shooting deaths of officer-involved deaths of Alton Sterling in Baton Rouge, Louisiana and Philando Castile, in Falcon Heights, Minnesota were irresponsible, inflammatory, and typical of his approach to race relations from the very beginning, when he stuck his influential nose into a controversy between a competent white Cambridge police officer and a race-baiting black Harvard professor. Then, without knowing any of the underlying facts, he suggested that the white police officer was at fault and the black professor (a friend of his) was blameless. His remarks about the police shootings in Louisiana and Minnesota issued from the same bias. I’ll just comment on the beginning of his statement, which is enough to make the point: Continue reading →

Update: CNN Is Doing It Again

/ Jack Marshall / 33 Comments

I just had to flee my TV.

No longer funny. Deadly.

No longer funny. Deadly.

On CNN just now, “New Day” interrupted its coverage of the ambush and murder of five police officers last night to go to a Minnesota demonstration in response to the police shooting of Philando Castile . The girl friend and family of Castile were front and center; in the background, along with a throng of African-Americans (exclusively) we heard a woman weeping loudly and uncontrollably. (“Hey, Joe, see if you can make that sobbing as loud as possible. This is great!”)

The segment went on and on, longer, in fact, than any segment previously shown regarding the deaths of the Dallas police officers. We were told by the angry demonstrators that Castile was murdered (undetermined at this time, in fact), that “everything was on the video” (the video began after the shooting) and that local officials were incapable of fairly investigating. We were made to understand that the shooting was racially motivated (there is, at this time, no evidence to support this.) Typical of the whole scene was the statement made and supported by several individuals in the protest, that the coronor had ruled the death of Castile a “homicide,” so this means that the police officer must be charged with murder. Crowd: “Yes!”, “Uh-huh,” “That’s right!”  Interviewer Chris Cuomo: “____” This is how you make all of America more ignorant, CNN. “Homicide” means only that Castile died from being shot: he was killed; he did npt die of accidental or natural causes. It does not mean that he was illegally shot, or murdered. Cuomo had an obligation to correct them, and if he thought that it would be too “insensitive” to correct misinformation being broadcast to millions, then he shouldn’t do the interview, or is in the wrong profession.

I suppose that there is always the chance that Cuomo doesn’t know that homicide and murder are not synonymous. There is a lot he doesn’t know. Continue reading →

Broadcasting Poison: An Irresponsible News Media Warps Public Opinion And Politics On Cop Shootings

/ Jack Marshall / 84 Comments
Wiat...how can this guy be a police shooting victim? I don't understand.

Wiat…how can this guy be a police shooting victim? I don’t understand.

There have been two disturbing police shootings of black men in recent days, both incidents partially recorded on cell phones.

In Falcon Heights, Minnesota, an officer fatally shot  32-year-old Philando Castile as he sat in a car with a woman and a child. A day earlier, 37-year-old Alton Sterling was shot and killed during a confrontation with two police officers outside a Baton Rouge, Louisiana, convenience store where he was CDs. Neither of these cases have been investigated yet; the officers involved have been placed on administrative leave. In both cases, however, the initial impressions of the incidents were those of relatives of the deceased: Castile’s wife and Sterling’s mother. Guess what they had to say about their deceased loved ones and the police who shot them

This is, as a judge would say in a trial, extremely prejudicial. The emotional and angry reactions of the mothers of Trayvon Martin and Michael Brown seized and controlled the “narratives” in those two cases before the facts were confirmed and the fatal encounters clarified. Today, CNN presented Mrs. Castile, who  declared that placing the officer involved in her husband’s death on administrative leave with pay was proof of the low value placed on black lives. She, of course, knows what happened, and that her husband couldn’t possibly have been responsible in any way for his demise. The shooter should be punished now, by loss of his income, before any investigation has been undertaken or completed. He’s guilty—of racism, of murder. Continue reading →

Ethics Observations On FBI Director Comey’s Statement Regarding The Clinton Investigation

/ Jack Marshall / 132 Comments

James Comey

The transcript of FBI Director James Comey’s full remarks on the Clinton e-mail probe follow. I will highlight important sections in bold, and in some cases, bold and red. My  observations will follow.

Good morning. I’m here to give you an update on the FBI’s investigation of Secretary Clinton’s use of a personal e-mail system during her time as Secretary of State.

After a tremendous amount of work over the last year, the FBI is completing its investigation and referring the case to the Department of Justice for a prosecutive decision. What I would like to do today is tell you three things: what we did; what we found; and what we are recommending to the Department of Justice.

This will be an unusual statement in at least a couple ways. First, I am going to include more detail about our process than I ordinarily would, because I think the American people deserve those details in a case of intense public interest. Second, I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say.

I want to start by thanking the FBI employees who did remarkable work in this case. Once you have a better sense of how much we have done, you will understand why I am so grateful and proud of their efforts.

So, first, what we have done:

The investigation began as a referral from the Intelligence Community Inspector General in connection with Secretary Clinton’s use of a personal e-mail server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system.

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

Consistent with our counterintelligence responsibilities, we have also investigated to determine whether there is evidence of computer intrusion in connection with the personal e-mail server by any foreign power, or other hostile actors.

I have so far used the singular term, “e-mail server,” in describing the referral that began our investigation. It turns out to have been more complicated than that. Secretary Clinton used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send e-mail on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways. Piecing all of that back together — to gain as full an understanding as possible of the ways in which personal e-mail was used for government work — has been a painstaking undertaking, requiring thousands of hours of effort.

For example, when one of Secretary Clinton’s original personal servers was decommissioned in 2013, the e-mail software was removed. Doing that didn’t remove the e-mail content, but it was like removing the frame from a huge finished jigsaw puzzle and dumping the pieces on the floor. The effect was that millions of e-mail fragments end up unsorted in the server’s unused — or “slack”— space. We searched through all of it to see what was there, and what parts of the puzzle could be put back together.

FBI investigators have also read all of the approximately 30,000 e-mails provided by Secretary Clinton to the State Department in December 2014. Where an e-mail was assessed as possibly containing classified information, the FBI referred the e-mail to any U.S. government agency that was a likely “owner” of information in the e-mail, so that agency could make a determination as to whether the e-mail contained classified information at the time it was sent or received, or whether there was reason to classify the e-mail now, even if its content was not classified at the time it was sent (that is the process sometimes referred to as “up-classifying”).

From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent.

Continue reading →

Loretta Lynch-Bill Clinton Meeting Aftermath: Hillary Drops An Unethical Hint, And My Head Explodes

/ Jack Marshall / 25 Comments

pulling strings

According to the New York Times, “Democrats close to Mrs. Clinton say she may decide to retain Ms. Lynch, the nation’s first black woman to be attorney general.”

Wait, what?

WHAT????

WHAT???

kaboom

The woman’s department is currently involved in a criminal investigation of Clinton. Lynch has refused to recuse herself from the investigation despite the taint of the meeting with Bill Clinton, which was apparently engineered by one or both Clintons. Though she has said that she will accept the recommendation coming out of the FBI investigation, she is not obligated to do so. Thus she is still a participant in the process and a decision-maker who has significant power and influence, as of this moment, over Hillary Clinton’s political future.

And yet Clinton allows her camp to send the message to Lynch—through the New York Times— that there may be a job waiting for her in the Clinton Administration….as long as, well, you know. This goes beyond the mere appearance of impropriety that Bill’s trick created for Lynch.

The dangling of a potential high-profile job creates an actual conflict of interest. After all, Lynch can’t continue as Attorney General is Hillary isn’t elected, and Hillary’s election prospects are likely to be significantly diminished if she’s in the Big House.

What is this? A flat learning curve? Complete arrogance and open corruption? Stupidity? Are all of Clinton’s advisors and staff as ethically obtuse as she is, just as Trump’s advisors and staff appear to be as inept as he is? How could Clinton let this happen?

If Lynch wants to guarantee that the public does not assume that this is yet more proof that the Clinton’s are rigging the investigation, she needs to declare, right now, that under no circumstances will she consider or accept any post in a Clinton administration. Failing that. she needs to resign.

Writes Ann Althouse:

Sometimes the prosecutor offers the accused a deal and, on rare occasions, the accused offers the prosecutor a deal. But offering it right out in the open like that? It’s as ballsy as a former President strutting across a tarmac in 107° heat, fueled by a raging desire to talk about his grandchildren.

I don’t know if this was really “ballsy.” Having just written at length about Hanlon’s Razor, I’m more inclined to think that Clinton and her camp are just stupid and incompetent, which, if true, calls into question one of the few clear advantages she supposedly has over Donald Trump.

 

The Latest Trump Embarrassment: You See, Donald, Hanlon’s Razor Provides No Protection To Presidential Candidates…

/ Jack Marshall / 12 Comments

Star of David

Writing about the latest Donald Trump controversy, blogging professor Ann Althouse concluded…

This is either a revolting outrage or shocking incompetence.

Social media critics, Democrats, Jews here and in Israel and journalists who enjoy interpreting every Trump communication in the worst possible light were (and are) foaming with anger and indignation over the above re-tweet by The Donald, whose long-used press nickname is on the way to being officially changed to “The Lunkhead.” In case you are as insensitive and ignorant as he apparently is, that’s six-pointed star in the graphic, superimposed on a background of cash and referencing Hillary’s corruption. The six-pointed star, the Star of David, is associated with the Jewish people, culture and faith. When one links that symbol to money and corruption, you have the classic elements of anti-Jewish hate and bigotry. Here is a sampling of the online commentary on what some pleasantly refer to as Trump’s latest “unforced error”: The Verge, The American Spectator, The Atlantic, Hot Air, RedState, Raw Story, The Times of Israel, Gothamist, CBS New York, Mediaite, Little Green Footballs,  and ThinkProgress. Continue reading →

Essay: On Loretta Lynch And Fighting Cynicism And Distrust Regarding The FBI Investigation Of Hillary Clinton

/ Jack Marshall / 14 Comments

America_Falling_Apar

Warning:

This is long.

I think it’s important

In the wake of Attorney General Lynch’s acknowledgment of wrongdoing in meeting, however briefly and innocently, with Bill Clinton, some  reader comments here are redolent of the destructive distrust of government and leadership engendered by this administration and others, particularly Bill’s. Yet this attitude feeds on itself, and is to an extent a self-fulfilling prophecy. If leaders think that people expect corruption, they are less likely to shy away from it. Cynicism leads to acceptance. Of course, this is one explanation of why the tarmac meeting took place—pure arrogance and a belief that with the news media’s complicity, now virtually any degree of government dishonesty and corruption will be either effectively hidden from the public, or accepted by it.

This is untrue, still. Indeed, this episode is proof that it is untrue, though the news media did make (disgusting and ignorant) efforts to shrug off the clear appearance of impropriety represented by Lynch having a meeting with Clinton the Impeached under these circumstances. Why do I labor trying to write these essays explaining the legal and ethical context of such events if readers are so poisoned by bitterness and distrust that they can’t or won’t process them, and just default to “it doesn’t make any difference, all is shit, all is lost”?  If I believed that, I wouldn’t be spending time—work  time, uncompensated time—writing this stuff. I can earn peanuts directing professional theatrical productions: it makes people happy, gives actors work, and is a lot more fun, believe me.

Paranoia, suspicion, despair, and conspiratorial views of government, which are all these comments represent, are just forms of bias. Bias makes us stupid, and in this case, bias makes us dysfunctional as a people and fearful and miserable as individuals. Continue reading →

Now, Whatever Else, We Know That Attorney General Loretta Lynch Is More Ethical Than Hillary Clinton

/ Jack Marshall / 22 Comments

Lynch2

Attorney General Loretta Lynch’s response to the immediate criticism of her private, suspicion-generating meeting with Bill Clinton was the correct one and the only ethical response open to her now. Today she admitted that that her airport meeting with former President Bill Clinton while possible charges against Hillary Clinton were being explored by the FBI had undermined public trust in the investigation, and she also took remedial action. She did more than recuse herself from the matter. She announced that she would  accept whatever recommendations that career prosecutors and the F.B.I. director make about whether to bring charges against the presumptive Democratic nominee.

“I will be accepting their recommendations,”  Lynch said in an appearance at the Aspen Ideas Festival. She said that “the case will be resolved by the same team that has been working on it from the beginning.”

This remarkable move will not remove the stain on the meeting, which already created the “appearance of impropriety” at the worst possible time in the worst possible matter. However, Lynch acted quickly, appropriately, honestly and decisively.  Incredibly, the episode may have actually resulted in a situation that will reduce public and political cynicism if Clinton is not indicted, except for those who will insist that the fix was in from the beginning, as indeed it might have been, given the general lack of accountability and propensity for cover-ups in the Obama administration.

As one delicious scenario, it is possible that Bill Clinton’s characteristic penchant for breaking the rules at will may have created a situation that leads to his wife having to face criminal charges. It is certainly true that the chances, still slim, that Hillary will have to face the music is greater now than it was two days ago. Continue reading →

Attorney General Lynch, Meet The Appearance Of Impropriety! Funny, I Assumed You Were Acquainted…

/ Jack Marshall / 47 Comments

Clinton Lynch

U.S. Government officers and employees are directed to avoid engaging in conduct  “creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. ” Some of those officers, like those who work in law enforcement and the justice system, shouldn’t require Executive Order 12674 – Principles of Ethical Conduct for Government Officers and Employees to know that the appearance of impropriety, including bias, favoritism, influence peddling and conflicts of interest, is unethical, since judges have a prohibition against creating such appearances in their codes of conduct no matter where their courts are located. They also know that as  professionals charged with making sure the rule of law works equitably and efficiently for all, rich and poor, high and low, the public trust is essential and indispensable. If the public doesn’t trust the fairness, objectivity, competence and wisdom  of those who enforce the law, then the public will not trust the law itself, and the rule of law, and democracy itself, will be threatened.

This is ingrained into every government lawyer’s hide, and so core to the principles of justice professionalism that the news that Attorney General Loretta Lynch met privately with  former President Bill Clinton this week just defies explanation. Supposedly President Clinton walked uninvited from his plane to her government plane, which were both parked on a tarmac at Phoenix Sky Harbor International Airport to chat.

Her only proper and ethical response to Clinton is undebatable:

“I’m sorry, Mr. President, but my Department is in the midst of investigating your wife, and it is crucial that the public does not detect any evidence of collusion or influence occurring, and observes no evidence that would cause it to question in any way the ultimate determination by Justice regarding any possible legal action. You certainly must understand my position…and by the way, since you do understand, what the hell are you doing here? Go! Now!”

She did not say this, however.

She met with him.

Game over.

Appearance of impropriety. Continue reading →