Ethics Train Wrecks

KABOOM!! Dana Milbank’s New Record For Flagrantly Dishonest Punditry

/ Jack Marshall / 16 Comments

Exploding head

I am through with Dana Milbank, and also with anyone who quotes him, relies on him, believes him or—take note, Washington Post—employs him. There must be some level of insulting, dishonest, toadying, intentionally misleading punditry that qualifies as intolerable, and Milbank’s latest column for the Washington Post—syndicated elsewhere so the maximum number of weak minds can be polluted—defined it. I’m not going to reprint a word of it for fear that it will poison the blog, or cause your head to explode like mine just did—but I can describe its thesis. Get this: Milbank decries a “crisis of the week political culture” in Washington, and blames the news media, Republicans and Congress for the shifting attention. I am suppressing a scream as I write this.

There is a “crisis of the week” political culture because the incredibly inept and incompetent President of the United States has mismanaged every conceivable aspect of the government’s policies, domestic and foreign, while maintaining incompetents and political hacks in key positions and sending the message that there will be no accountability for abject failure, and because, despite pledging unprecedented transparency, the standard operating procedure for this group of ideologically doctrinaire and skill-challenged group has been to posture, obfuscate, stall, mislead and lie until various ugly chickens come home to roost, and then to rely on the news media to accept absurd excuses, explanation and blame-shifting theories, chaos has been percolating beneath the surface in dozens of vital areas—oh yes, more bad news is coming—and the full measure of various disasters are finally becoming known.

There is a crisis of the week mentality because a new catastrophe caused by the epic incompetence of this Administration is being uncovered every week, and sometimes every day.

And Dana Milbank blames the political culture, as if it is making this stuff up.

And he expects readers to agree with him.

And a lot of them will.

Kaboom.

Continue reading →

Judges At Work

/ Jack Marshall / 2 Comments

Supreme Court protests

In the threads here stemming from Judge Kopf’s impolite and unprofessional verbiage directed at the Supreme Court, some members of the Nebraska federal jurist’s fan club have sought to justify his incivility by asserting that the judicial system itself is “broken,” and that, more specifically, judges ought to just concern themselves with judicial errors of their lower court colleagues and eschew political controversies, such as, I must presume based on the context of the judge’s compliant, when the other branches of the government break laws and violate constitutional principles.

To say that I’m cynical about this argument understates the case.What it means, I believe, is that members of one partisan orientation believe that the system is broken as long as judges who do not share their progressive biases are in a position to rule on various controversies where judicial intervention is necessary and appropriate, but will no longer be considered “broken” once progressive-minded jurists are in a position to do the intervening, whereupon the critics like Judge Kopf will drop their objections.

The fact that the system is not “broken” and that judges are doing their jobs when called upon to protect the public from abuse of power was illustrated by two events this week: Continue reading →

Is It Possible That The Democratic Party Is As Corrupt As Its Conduct In The I.R.S. Investigation Suggests?

/ Jack Marshall / 28 Comments

Corleone testifiesThis began as an Ethics Dunce post, but designating Congressional Democrats as ethics dunces for their current, apparently agreed upon and coordinated response to the disgraceful I.R.S. scandal—and it is a scandal—appears far more sinister than that. This appears to be a cover-up, and a particularly blatant, clumsy and desperate one, as well as a sickening display of a major political party abandoning its principals and constituency—meaning the American people and not donors, sycophants or “the base”—to impede an effort to get to the truth.

Here’s Post columnist Michael Gerson’s fair summary of the I.R.S. affair to date:

“To review: After President Obama blamed “two Dilberts in Cincinnati,” an inspector general’s report found that high-level IRS officials in Washington were involved in directing additional scrutiny toward tea party groups seeking tax exemptions. [I.R.S. official Lois]Lerner admitted as much, before taking the Fifth Amendment to avoid testifying before the House oversight committee. The House of Representatives held her in contempt. And now the evidence of possible communications between Lerner and other agencies (including the White House) has gone missing under suspicious circumstances. It could be a regrettable series of rogue operations, IRS management failures and technical glitches. Or they could be taking us for fools. If there was any political motivation for this abuse of power, it is a form of corruption — the kind of thing Americans like to criticize in countries they regard as less developed. And the circumstantial evidence is strong. This wave of heightened IRS scrutiny came after Democratic senators, warning of possible abuses spawned by the Supreme Court’s Citizens United decision, demanded additional IRS scrutiny of nonprofit political groups. Because evidence of political influence is both plausible and circumstantial, a special counsel is needed to sort out the truth.”

The summary, in an accurate article titled “An arrogant and lawless I.R.S..” doesn’t include the fact that nobody has been disciplined or held accountable in any way for what occurred, including any of the imaginary scapegoats in the Cincinnati office. It doesn’t note that I.R.S. Commissioner Koskinen delayed informing Congress of the lost e-mails for months, after assuring members, under oath, that they would be provided. Yesterday, Koskinen stooped to Bill Clinton levels of deceitful parsing, arguing that when he swore to Congress that he would deliver all e-mails, he meant only all the e-mails that existed, since he couldn’t deliver those that no longer existed. Why didn’t he mention that those key Lerner e-mails had vanished? He wasn’t asked! Meanwhile, a government archivist testified yesterday that not informing Congress that the e-mails had been lost indeed violated a federal statute. Also yesterday, the I.R.S. admitted that it illegally played politics in 2012, leaking confidential tax information from an anti-gay marriage group to the pro-marriage Human Rights Campaign. Continue reading →

Ethics Quiz, “Naked Teacher Principle” Division: The Alleged Naked Naval War College Professor

/ Jack Marshall / 17 Comments

schnitzengrubenA helpful reader submits this Ethics Quiz question based on the following news item:

The AP reported that U.S. Naval War College professor John Schindler was placed on leave after a photo of a penis with the professor ‘s name over it was posted on Twitter.  It was unclear who sent it and who posted it.

After a blogger sent a complaint to the War College’s administration, the college’s president, Rear Adm. Walter E. “Ted” Carter Jr., ordered an investigation. A college spokeswoman said that investigators would look into whether the photo was not really of Schindler.

Now THAT should be an interesting investigation.

Schindler, a professor of national security affairs and a former National Security Agency intelligence analyst, has deleted his Twitter account. He has said his criticism of NSA leaker Edward Snowden and others has caused him to be the object of harassment on various social media.

Your Ethics Alarms Ethics Quiz of the Day  has two parts:

1. Is it fair for the War College to place Schindler on leave before it has even been established that he sent the photo or that the body part in question belonged to him?

and

2. If he didn’t send the photo himself but it is established that the body part in question does belong to him, should the Naked Teacher Principle* apply?

Continue reading →

The Campus Sexual Assault Witch Hunt Ethics Train Wreck, Complicated By The Fact That The Witches Are Real

/ Jack Marshall / 143 Comments
"Wait...are you raping me, or am I raping you?"

“Wait…are you raping me, or am I raping you?”

There is no question that there are sexual predators on college campuses, or that some colleges let them get away with raps on the knuckles for sexual assault or worse. There is also little question, though various parties and activists deny it, that what constitutes genuine sexual assault and even rape has been so thoroughly politicized and muddled by irresponsible rhetoric, dubious statistics and cynical political maneuvering that addressing the problem of actual campus sexual assault is becoming impossible without harming, indeed destroying, the innocent in some cases.

At Stanford, women are rallying for a more stringent process and harsher punishment after student Leah Francis protested in an e-mail to the campus that she had been “forcibly raped” by a fellow student and he was permitted to graduate. Of course, Stanford didn’t find the she had been raped: her assailant was found guilty of sexual assault. The loose use of “rape” to describe sexual assault for political purposes is one of the reasons universities seem incapable of finding a satisfactory balance in handling such cases. At the risk of getting ahead of the post, I would say this: if it is alleged to be rape, then turn the matter over to the police and the justice system. Schools are not allowed to use internal procedures to investigate and punish murder; it makes no sense to permit them to do so with the serious crime of rape. The fact that the standards of proof and the requirements of due process are less stringent in a campus procedure is what simultaneously leads to inadequate sanctions for the guilty and railroading of the innocent. The solution to this problem has always been available: treat allegations of campus rape like any other kind of rape.

Unfortunately, colleges are often in thrall to the political agendas of feminists and their allies, so “rape” can mean many things, as can “sexual assault.” In the casual, morality-free sexual atmosphere now not merely tolerated but nurtured on college campuses, lines of consent are blurred, and missteps are inevitable. At the same time, the permissive sexual environment is a playground for predators, exploiters and manipulators. How are the genuinely culpable sexual assailants to be distinguished from the clumsy, the confused, the misled, or the drunk and overly aroused? Continue reading →

Passenger List On The Deadly General Motors Ethics Train Wreck

/ Jack Marshall / 20 Comments
"Oops! There goes G.M again!"

“Oops! There goes G.M again!”

That great, big, all-American motor car company that the Obama Administration took bows for saving five years ago has been revealed as a thoroughly corrupt, incompetent and deadly enterprise. As the full extent of the General Motors safety scandal unfolds—and it could get worse—this is a good time to take stock of the ethics lessons and miscreants involved, on the off chance that we are interested in learning something.

Did that sound bitter? It is. There is little in this terrible story of corporate ineptitude and corruption that wasn’t known and understood decades ago. Yet here we are again.

The manifest:

  • G.M. management. It pursued the policy of paying large settlements with confidentiality agreements to those injured by ignition switch defects in their cars, never fixing the defect itself. This is the old Pinto calculation, reasoning that if it is cheaper to pay for the deaths and injuries from a design defect than to fix the defect itself, then it makes good business sense to keep doing that, indefinitely. There are three problems with this logic, of course. First, it kills people. Second, it is stupid: eventually the facts will get out, and the whole company will be endangered. Third, it is wrong.
  • The plaintiffs’ attorneys. The trial lawyers association, way back when I worked for it two decades ago, adopted the unofficial position that the practice of accepting settlements from large corporations in product liability cases that included agreements not to reveal the damages and the defects involved to regulators, the news media, and endangered consumers was unethical. Members were urged to make a rejection of such terms a condition of agreeing to represent injured parties. Speeches were given, pledges were made. All agreed that the practice undermined the mission of the plaintiffs’ bar to make America safer through the civil justice system. What happened? Greed, that’s what. Just as every plaintiff has a price, so do many trial attorneys, who received up to 40% of those secret settlements. Every single one of the lawyers who guided their clients to accepting hush money in exchange for letting unsuspecting owners of G.M. cars risk their lives and those of their families were members of the American Association for Justice, which changed its name from the Association of Trial Lawyers of America because a survey showed the term “trial lawyers” was too negative. This is why the term is negative.

Continue reading →

The Mind Of The Unethical Advocate: 41 School Shootings Just Isn’t Enough—Let’s Pretend There Are More

/ Jack Marshall / 7 Comments

Shootings

You have probably seen this map; it went viral on the internet almost immediately after it was first published on Twitter last week by  and editor at The Huffington Post. It purports to show the locales of the “1.37 deadly school shootings per week,” 74 in all,  that have occurred since the December, 2012 Sandy Hook massacre according to Everytown for Gun Safety. That is an anti-gun activist organization founded by Michael Bloomberg and Shannon Watts, and its release that “there have been at least 74 school shootings in America” since Newtown was just what the doctor ordered for the languishing gun control forces.

It’s an intentionally misleading number. Journalist Charles Johnson checked the facts, and these are not all “school shootings” in the sense that the public now understands the term and how honest journalists use it—episodes where someone brings a gun to a school and starts shooting teachers and kids. At least 33 of the “school shootings” just fit the conveniently broad definition used by Everytown for Gun Safety so as to make the strongest impression, fairness and truth be damned. They include not just Columbine and Newtown-type episodes, but also assaults, homicides, suicides, gang fights, and accidents involving guns that happened “inside a school building or on school or campus grounds.” Continue reading →

“It’s Not The Worst Thing”: Slate’s Jamelle Bouie Delivers A Virtuoso Performance Of The Worst Rationalization Of Them All

/ Jack Marshall / 5 Comments
"Obamacare is a success, and even if it's not, it's not worse than nuclear war. So there."

“Obamacare is a success, and even if it’s not, it’s not worse than nuclear war. So there.”

This is excellent: I always am looking for the most extreme example of any kind of misconduct, lie, rhetorical fallacy or rationalization, so I have something to measure all others against. Jamelle Bouie, the resident Obama flack at Slate, just delivered a dandy for my future scale of infamy for Rationalization #22 on the Ethics Alarms list, the Bottom of the Barrel, the favorite excuse of the shameless, the ethics-challenged and the desperate sociopath, “It’s not the worst thing,” or “The Comparative Virtue Excuse.”

It’s a deft turn, and a welcome one: so much attention is being lathered on the prisoner exchange fiasco that the parade of other Obama Administration-created ethics train wrecks are being ignored for the nonce…and perhaps that was the objective. The late Mike Kelly, the sharpest conservative political analyst the Washington Post has ever featured on its pages, half-seriously suggested that seeding so-called scandal fatigue was a conscious strategy of the ethically corrupt Clinton White House, and Obama has taken this to levels then unimagined. Among other, the Obamacare Ethics Train Wreck barrels on at an impressive clip. Yesterday, for example, it was revealed that yet another flaw in the enrollment process has left 2,000,000 Americans who think they have insurance at risk of finding themselves uncovered.

To unconscionable fake-journalists like Bouie, however (a real journalist is one who follows the facts to where they lead; a fake one cherry-picks the facts that take him where he wants to go), it doesn’t matter: the Affordable Care Act, he tells his gullible or retching readers…

“…looks like a success. Between the state exchanges, healthcare.gov, and the Medicaid expansion, an estimated 17.2 million people have received health insurance under the law. In turn, according to Gallup, the percentage of Americans without health insurance has dipped to 13.4 percent, down 3.7 percentage points from where it was at the end of last year.”

This species of argument, which has become the standard practice for the Obama Is A Great President Despite All Evidence To The Contrary League, is one of two things, and two things only: proof of mental deficiency, or conclusive evidence of dishonesty. Either one, I would argue, should disqualify someone from writing commentary in Slate, or for that matter, Weekly Reader. Continue reading →

Ethics Dunces: The Republican Un-Tweeters

/ Jack Marshall / 8 Comments
"Ha! They'll NEVER find it now!"

“Ha! They’ll NEVER find it now!”

Several Republican politicians leapt on the “Welcome Home Bowe!” bandwagon without bothering to a) learn the details and more importantly to them, sadly, b) gauge the reaction of their constituents, contributers and supporters.  Thus they tweeted praise for his release, perhaps echoing Obama’s designated liar Susan Rice’s unsupported assertion that he has served with honor, or evoking the Administration’s now discarded spin that he was a hero. When the transaction was revealed to be an utter botch by the Obama Administration (but I repeat myself), and the GOP officials realized that it would be partisan feeding time in the  shark tank, these brave public servants had neither the forthrightness to admit their errors, if errors they were, nor the courage to face the consequences.

Nor, unfortunately for them, the technological savvy to realize that trying to cover up what you put on the internet doesn’t work.

And makes you look like an untrustworthy sneak.

The Sunlight Foundation has a service called “Politwoops,” which collects elected officials’ tweets and makes them available if they are deleted in an effort to remove feet from mouths. It uncovered this, from Republican Senator Thad Cochran…

 

Bergdahl tweet2

and this, from GOP Congressman Jim Renacci… Continue reading →

The Unethical—But Useful!— White House “Oopsie!” Doctrine

/ Jack Marshall / 13 Comments

rotting fish head

In a—oh, hell, I’m out of adjectives to describe “This is so ridiculous it makes me want to throw myself into a woodchipper”—move that will transform U.S. culture, the White House has pioneered a new and refreshingly simple way for wrongdoers and law-breakers to take responsibility for their misconduct.

Just say, “I forgot to obey the law. Sorry!” Let’s call it the “Oopsie!” Doctrine.

Yes, this is how the White House bravely owned up to intentionally violating the statute, the National Defense Authorization Act, that requires the Executive Branch to alert Congress of the pending release of prisoners from Guantanamo at least 30 days in advance. Deputy National Security Adviser Tony Blinken called Senate Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) to officially say that the White House was sorry it failed to alert her, and therefore Congress, in advance of a decision to release five Taliban prisoners from the prison in Guantanamo in exchange for American deserter, and quite possible traitor, Bowe Bergdahl. The Obama Administration is calling this “an oversight.”

That’s right. The White House breaking the law is an oversight. Never mind that the President was well aware of this particular law, having stated that he regarded it as unconstitutional when he signed it. It was an oversight! None of the foreign policy experts and advisors, neither the Secretary of State or Defense or all their little deputies, nor the hoards of lawyers that Defense, State and the White House employ, remembered that there was a little matter of a relatively recent law that had to be followed in cases like this one. They all missed it, had a brain fart, whiffed, were day-dreaming, took their eye off the ball, goofed, tripped up, pulled a boner. It can happen to anyone! Continue reading →