Government & Politics

Ethics Quiz: The Martin O’Malley Dilemma

/ Jack Marshall / 13 Comments

hooked-off-stageI didn’t mention it in the post on the last Democratic presidential candidates debate (I should have), but the NBC moderators went out of their way to give as little attention and camera time to former Maryland governor Martin O’Malley as possible. The frustrated third wheel found himself begging for time like Jim Webb in the first debate, and several commentators have noted that Andrea Mitchell and Lester Holt were openly disrespectful to him, making it clear to all that he was irrelevant.

Disrespect is usually unethical, and the conduct of the moderators was indeed disrespectful, essentially marginalizing O’Malley and muzzling him as well. The context, however, is that they may have a point. O’Malley has been running from the start. He has said nothing to distinguish himself from Hillary Clinton or Bernie Sanders, other than remind everyone that he’s the only ex-governor in the race. He is polling in Lincoln Chafee territory, even though his opposition is a superannuated socialist whose positions make no sense, and a previously rejected serial liar who is facing a possible indictment. Is he the equivalent of the guest who won’t leave the party?

Your Ethics Alarms Ethics Quiz question today:

Is the news media treating Martin O’Malley unfairly?

Continue reading →

Ethics Questions And Answers Regarding The Flint, Michigan Water Crisis

/ Jack Marshall / 73 Comments

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First, a background question: What is the Flint water crisis?

Here is what has happened so far:

1. In March of 2013, the Flint City Council voted to leave the Detroit water system and join a new pipeline project that would deliver water to the city from Lake Huron. The state agreed that it was a good idea, since it would save the financially strapped Flint 19 million dollars over 8 years. [ Addendum: The news media and progressive spin is that the cruel state unilaterally imposed this decision on Flint. That’s not true, and don’t trust any source that claims it is. Here’s one such hack, who states “In 2013, the Emergency Manager for Flint, Ed Kurtz, signed the order that Flint would stop relying upon Detroit for water and, instead, switch to a the Karegnondi Water Authority run out of Lake Huron.” The Flint City Council voted 7-1 to take this course prior to the sign-off. It was approved by Kurtz, but this blogger’s statement that the crisis “is a direct result of reckless cost-cutting by the unelected bureaucrat who Governor Snyder appointed to run the city under the state’s controversial “Emergency Financial Manager” law” is deceptive and false.]

2. Detroit retaliated by announcing that it would cut off Flint’s water supply. Since the new pipeline wouldn’t be ready for three years, Flint had to find a temporary supplier of its water needs. It then spent millions upgrading its water processing plant.

3. The months leading up to the Detroit shut-off deadline generated many meetings with the state and regulatory bodies. Mayor Dayne Walling, a Democrat, announced that the temporary supply would come from the Flint River. The plan for the switch was implement by state-appointed emergency manager, Darnell Early. The system went into operation in April of 2014.

4. Immediately, residents started complaining about the water’s taste and appearance. Early (the state) and Mayor Walling (the city) insisted that it was safe to drink. Four months later, there was a fecal content alert, meaning that the water wasn’t being sufficiently purified. In October of 2014, General Motors said that the water seemed to be corrosive, and it would no longer use it in its plant.

5.  In January of 2015, Flint told its residents that the water wasn’t safe because of chemical contamination that could cause serious health problems. Detroit offered to go back to the old arrangement. Flint declined. Erin Brockovich (yes, that Erin Brockovich)  publicly argued that there was a water safety  crisis in Flint. The Mayor asked the state for assistance, and was assured that they were “working on it.”

6.  Activists said that the water was dangerous and the city should go back to its old arrangement with Detroit. The city hired an expert who claimed the water was safe. More work was done to fix the problem, but the City Council voted to re-connect to the Detroit system, and Lake Huron water. However, the vote had to be approved by the State’s emergency manager for the city. He didn’t approve it. The advocates for going back to Detroit water sued in Federal court, and lost.

7.  This mess  dragged into last fall. In September of 2015, researchers from Virginia Tech University reported online that their testing of Flint’s water found it “very corrosive” and that it was “causing lead contamination in homes.”  “On a scientific basis, Flint River water leaches more lead from plumbing than does Detroit water,” the report concluded. “This is creating a public health threat in some Flint homes that have lead pipe or lead solder.” The very same day, Michigan told Flint that the earlier chemical contamination had fallen within acceptable levels due to improved treatment methods, and the water was officially compliant with all standards, and safe.

8. Later that month, however, testing showed frightening levels of lead in the blood of Flint infants and children. A new lead warning was sent to Flint residents.

9. In October, 2015, the County issued a warning that Flint’s water was dangerous, and asked the Governor to declare a State of Emergency. The next day, Governor Rick Snyder announced various measures to address the problem.

10. Again, the city, this time through a special advisory committee, recommended that Flint switch back to the Detroit supply. On October 8, Snyder announced a multi-million dollar plan to reconnect Flint to Detroit’s water.  A week later, the Michigan Legislature and Snyder approved  $9.4 million in aid to Flint, including $6 million to  switch its drinking water back to Detroit.

11. Thanks to the water problem, Walling was defeated in his race to be re-elected as mayor  by Karen Weaver. The switch didn’t stop the lead problem, because the corrosive water had prompted a deterioration in Flint’s lead pipes. It took a the entire holiday period for this to become sufficiently obvious, for some reason, as many residents drank lead-contaminated water they had been told was now safe.

12. Shortly after Christmas, Snyder fired Department of Environmental Quality Director Dan Wyant and apologized for what was happening in Flint. He declared a state of emergency.

13. On January 13, Governor Snyder activated the Michigan National Guard to  distribute bottled water and filters in Flint, and asked the federal government for assistance.  The same day, Michigan health officials reported an increase in Legionnaires’ disease cases during periods over the past two years in Flint and the surrounding county. Snyder requested a major disaster declaration from President Obama, and more federal aid. Obama signed an emergency declaration last week, ordering federal aid for Flint and authorizing the Federal Emergency Management Agency and the Department of Homeland Security to coordinate relief efforts.

Why doesn’t everybody know about this? Continue reading →

Mission Accomplished: Hillary Corrupts The Human Rights Campaign

/ Jack Marshall / 12 Comments

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Hillary Clinton’s dishonest spinning of her gay rights positions received an endorsement today, as the U.S.’s largest lesbian, gay, bisexual and transgender civil rights organization chose her as its choice for President. The Human Rights Campaign’s  board of directors, made up of community leaders nationwide, voted to endorse Clinton, and said in a statement:

“All the progress we have made as a nation on LGBT equality — and all the progress we have yet to make — is at stake in November…Despite the fact that a majority of Republican and independent voters today support federal protections for LGBT Americans, the leading Republican candidates for president have threatened to halt progress as well as revoke, repeal, and overturn the gains made during President Obama’s two terms…”

This statement means, in essence, that the largest group of LGBT advocates have openly endorsed the Joy Behar approach to civic responsibility. Behar, on “The View,” you may recall, said brazenly (well, she says everything brazenly) that she’d vote for a proven rapist as long as he “voted” for issues that were important to her, a.k.a. abortion rights. Single issue voters of this low ethics threshold are irresponsible and breach their civic duties by making democracy itself incoherent and too easily manipulated—by cynical, ethics-free, power-mongers like Hillary Clinton. Are they even aware, I wonder, that openly associating a group with a candidate of proven ethical bankruptcy—even on the issue they think she embraces!–calls into question their own integrity, trustworthiness and values?

The disconnect between conservatives and LGBT Americans stems in part from a false belief that gays and other Americans of non-traditional sexuality aren’t as red, white and blue as they are. Being American means caring more about, say, the economy, unemployment, the debt, the collapse of schools, the miserable state of colleges, terrorism, racial distrust, the still burgeoning cost of health care and the welfare of your neighbors, children and fellow citizens than about narrow, single issues of special concern to you or your “tribe.”  I think this way; so do most of the LGBT people I know.  It is the ethical value of citizenship in action. Could I respect someone who found Donald Trump appropriately nauseating, knew he would be a human and cultural disaster for the nation, but supported him solely because he swore he would protect LGBT interests? No. Of course not.

This endorsement of Hillary Clinton is exactly as irresponsible. Continue reading →

Ethics Quote Of The Week: Hillary Clinton

/ Jack Marshall / 25 Comments

Hillary-Clinton-behind-Bars

“There should be no bank too big to fail and no individual too big to jail.”

—Hillary Clinton, in last night’s NBC Presidential debate.

Like Hillary’s infamous declaration that all accusations of sexual assault must be believed, this statement shows a troubling disconnect between Clinton’s own complex and corrupt life and her rhetoric. 15o FBI agents are investigating what may be very serious violations of national security laws by Clinton, with penalties including prison. Shall we presume that Hillary is issuing a preemptive, honorable insistence that if Obama’s ultra-politicized Justice Department is tempted to try to oppose an FBI conclusion that an indictment is warranted by the evidence, it should treat her like anybody else?

Ethics Observations On The South Carolina Democratic Candidates Debate

/ Jack Marshall / 15 Comments

Debate transcript here.

1. The cynical effort to protect Hillary Clinton by scheduling debates at times when as few people as possible will watch them has officially become ludicrous, and also beyond denial. CNN’s alleged media watchdog Brian Stelter, in one of his occasional non-partisan episodes, grilled Debbie Wasserman Schultz on the strategy Sunday, and got a typical Wasserman Schultz-ish non answer, as she compared the TV rations with past debates and then mocked the Republican debates, which have been more conveniently scheduled and have garnered far more viewers. This time the tactic worked on me: my wife wanted to watch “Downton Abbey” (during the debate, one website wag on a post about the Democrats wrote, “Lady Crawley is losing the debate with Mrs Hughes and with The Hospital Board merger. Sad.”) Showtime was also running “The Godfather Epic,” which I had never seen, re-editing I and II together (but somehow differently from “The Godfather Saga.” I didn’t last to the end, so I assumed it also included III, and so wrote until a commenter put me straight), and then there was the football game. I had to watch the MSNBC re-run late into the night.

2. Several commenters claimed that Bernie was rude to Hillary, making funny faces, shouting. That’s Bernie, though, and here we go again: Hillary’s a feminist, but her supporters want to impose a double standard of how she is treated in the rough-and-tumble world of politics. This has, after all, been very effective from the race perspective insulating Barack Obama. If the Democrats dare to run such a corrupt candidate as Hillary, they will deserve Trump as the opposition, the one candidate who won’t pay any attention to media claims that he should pull his punches.

Nothing Bernie did during last night’s debate was nearly as outrageous as Joe Biden’s snorting, snickering, eye-rolling and constantly interrupting performance in the 2012 Vice-Presidential debate with Paul Ryan, as Martha Raddatz played “boxing referee who has taken a bribe” by ignoring it all. Well, but Ryan’s a guy, and a Republican , so he didn’t deserve common civility.

3. The central dishonesty in this debate and all of the Democratic debates is the inherent hypocrisy of simultaneously saying the economy is a mess and Wall Street is pulling the strings, while extolling the record of Barack Obama. Sanders is the most hypocritical, at one point proclaiming his pro-Obama bona fides as he runs a campaign calling for a revolution.  Here’s Sanders in his opening:

“As we look out at our country today, what the American people understand is we have an economy that’s rigged, that ordinary Americans are working longer hours for lower wages, 47 million people living in poverty, and almost all of the new income and wealth going to the top one percent….This campaign is about a political revolution to not only elect the president, but to transform this country….”

4.  Once again, all three candidates used cover words and vagueries to advocate “comprehensive immigration reform” without saying what that is. Nor did  NBC’s softball-tossing moderators, nor the candidates to each other, demand details and meanings. What “reforms”? Opening the borders? Making all illegal immigrants citizens? How long will illegal immigrant-pandering Democrats be allowed to get away with this? If they really are willing to sacrifice U.S. sovereignty, they have an obligation to say so, and clearly. Continue reading →

Nicholas Kristof’s Dishonest, Confused, Cynical, And Astoundingly Naive Gun Control Op-Ed

/ Jack Marshall / 55 Comments

Safe gun

[UPDATED: 1/18/2016]

Few anti-gun advocates have been as shrill and self-righteous as the New York Times’ columnist Nicholas Kristof, so pardon me if I find his sudden change of tone insincere. It smacks of “let’s see if this works,” but never mind: it’s a brave effort, or rather, is supposed to appear as one. Titled “Some Inconvenient Gun Facts for Liberals,” his article cites the statistics that contradict the hysterical anti-gun rhetoric coming from, for one, Barack Obama, and for another, Kristof,  before this essay. We indeed have more guns and fewer homicides, Kristof admits. Banning assault weapons has little if any effect on reducing violence, and many proposed gun control measures were based on ignorance.

So much for the faux reasonableness.  Kristof then pulls out some deceitful statistics of the sort we often hear, like this:

“Just since 1970, more Americans have died from guns than all the Americans who died in wars going back to the American Revolution (about 1.45 million vs. 1.4 million). That gun toll includes suicides, murders and accidents, and these days it amounts to 92 bodies a day.”

What an intellectually dishonest thing to write. Among those who have died were mobsters, gang members, criminals, murderers, terrorists and burglars. It includes people who would have killed themselves with pills or jumping out of windows had guns not been available. It includes accidents, and people die regularly in accidents involving ladders, bicycles slippery kitchen floors. This the epitome of a junk statistic, devised to appeal to emotion and bypass rational thought. Shame on him. He is just getting started, however.

Then Kristof goes off the reality rails, in familiar directions. Universal background checks will keep guns out of the hands of criminals, he says. No, they won’t. Who doesn’t know that?  We should keep guns out of the hands of those who “abuse alcohol,” he says, citing a study. Meaning what, exactly? It’s not illegal to drink, or to get drunk, or to be an alcoholic. Alcoholics Anonymous is, you know, anonymous, and a doctor treating someone for alcohol abuse, whatever that means,  can’t reveal that information. Does Kristof have any idea just how many Americans “abuse alcohol,” including elected officials, police officers, military personnel, artists, writers, doctors, lawyers, judges, professors, philanthropists, journalists, like about a fourth of his colleagues at the Times,  and law abiding citizens?

“That means universal background checks before somebody acquires a gun,” Kristof concludes, “that” being making guns “safer” and “universal background checks” meaning “intrusive checks that go far, far beyond anything that has ever yet been proposed yet that STILL won’t stop any criminal who wants to get a gun from getting one.” “Why empower criminals to arm themselves?” Kristof asks, plaintively. You see, Nick, criminals don’t have to be empowered, because as criminals, they empower themselves regardless of what the law tells them to do. Why this ridiculously simple concept is so elusive to people like Kristof is one of life’s enduring mysteries….unless, of course, he understands completely, and is being intentionally and dishonestly dense. To what end, you ask?

Hmmmm. Well, here’s another example:

“More than 10 percent of murders in the United States, for example, are by intimate partners. The riskiest moment is often after a violent breakup when a woman has won a restraining order against her ex. Prohibiting the subjects of those restraining orders from possessing a gun reduces these murders by 10 percent, one study found.”

And what about those restraining order subjects who already had availed themselves of their Second Amendment right to own a fire arm? What do we do about those guns?

Guess. Continue reading →

The Sunday Morning Horror: ABC Shows Us Why Ethical, Perceptive Voters Are In Despair

/ Jack Marshall / 16 Comments

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You have to congratulate ABC’s This Week with George Stephanopoulos today for managing to demonstrate, within a 45 minute span, everything that is currently wrong with the Presidential race, and the current front-runners:

First George interviewed Donald Trump, who, as always, said nothing of substance, declared that what he would do as President would be wonderful, gave no specifics whatsoever about how he would “be great for the blacks, bring all those jobs back from China,” and showed that his versions of law, logic and ethical reasoning are infantile…BUT did it with cockiness and flair, which is apparently good enough for millions of people. He  mainly rambled on about how Chief Justice Roberts has been “a disaster,” demonstrating that he assesses judges like interior decorators: if you like the result, they did a great job. Trump cited Ted Cruz’s support for Roberts’ nomination, and  Stephanopoulos didn’t have the wit to point out that Cruz wasn’t elected to the Senate until 2012, whereas Roberts was confirmed in 2005.

Actually, the Cruz-Roberts connection is that Cruz recruited Roberts, whom he knew as a Supreme Court law clerk, for George Bush’s legal team during the 2000 election controversy. Bush won that election, you will note, so in that case, Roberts seems to have been a good choice. I suspect that history will look at Roberts as an unusually skillful Chief Justice who managed to keep an unusually fractious court in line, and squeezed a lot of unanimous decisions out of a group that easily could have been dysfunctional.

When the host pointed to an old video in which Trump appeared to endorse the concept of “New York values,” Trump repeated his stunt that worked so well during the debate, waxing on about the city’s response to 9-11. I can understand why Cruz didn’t make this point, but a competent interviewer is obligated to: “Wait, sir, are you saying that New York City reacted any differently or more courageously to that tragedy than Charleston responded to the church shooting or the people of Oklahoma City responded to its bombing? Surely you know that Sen. Cruz was talking about liberal social values, not typical American resilience in the face of tragedy?” Continue reading →

Ethics Dunce: RedState’s Moe Lane, Cheap Shot Artist

/ Jack Marshall / 12 Comments

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Bernie Sanders, or most likely someone on his staff since I doubt that the Bern is a micro-manager, made his campaign look foolish by sending Wikipedia a DMCA take-down notice demanding that Wikipedia remove  images of Sanders campaign logos on its Sanders page, on the dubious grounds that such use was a violation of copyright law. More embarrassing than the specious copyright complaint is the rather obvious fact that a campaign should want Wikipedia to publicize everything about it. The complaint, to be blunt, was dumb. (The take-down notice was retracted in short order.)

Moe Lane is a fairly nasty right wing blogger, and he gleefully reported Sanders’ Shame, which is certainly fair game for critics. He could not, however, resist this cheap shot headline:

Bernie Sanders yells at Wikipedia, cloud over… campaign logos?

If you don’t get the reference, it’s this: Continue reading →

Ethics Heroes: The Orleans Public Defenders

/ Jack Marshall / 46 Comments

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading →

Comment of the Day: “In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost”

/ Jack Marshall / 3 Comments

Trump mic

Ed Moser, a sound designer, technical director and all-around theater pro (he produced and designed sound for my recent staging of “Twelve Angry Men”…he’s also a friend), enlightens us with some insider observation relevant to Donald Trump’s recent denigration of a sound tech. It also reveals an unattractive side of an earlier GOP presidential candidate. Here is Ed’s Comment of the Day on the post, In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost:

I have a friend who engineered the sound for a large church back when McCain was a candidate. He visited the church for a “town meeting”.

My friend locked all the unused gear away, and for the event distributed only freshly batteried hand held wireless mics for the event with screw on caps on the bottom. Such caps are specifically designed to prevent clumsy performers from accidentally touching the controls on the bottom of the mic– where one could turn the mic off, change the battery, or worst of all, change the frequency. Then color coded the mics with bright spike tape, so that while he was at the sound board he could instantly tell which mic/channel he was dealing with.

The plan was for McCain to give a speech, then take questions from the floor. Runners would carry one of three hand helds to the person with the query, so the question could be heard throughout the house. There was a fourth back up.

If all of this sounds pretty standard for people who know what they’re doing and have done many such events before: well, it is.

That evening, during the event, the question and answer session occurs. The first mic, it develops, is dead. A quick check reveals that ALL FOUR are dead. Irked at having to come the the edge of the stage and get close to an actual person to hear an actual question, or perhaps just trying to infuse humor at an awkward moment, McCain points to the back of the house, right at my friend, and says to the crowd, “Fire that guy!”

He gets a laugh. Except from my friend, of course.

Continue reading →