Government & Politics

Comment of the Day: Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 24 Comments

How did we end up discussing torture on Christmas Eve?

Sorry about that.

timebombHere is a stimulating comment by Zoebrain in the “Zero Dark Thirty” torture thread. I’m especially fond of it, because as theoretical and probably impossible as her resolution would be in practice, it neatly addresses the central problem conflict in the “torture is an absolute wrong but you might have to use it to save the world” scenarios, like the familiar “ticking bomb” hypothetical.  In her analysis. one violates the absolute rule, but accepts a proportional penalty for doing so.

I advocate a similar approach in legal ethics in situations where a lawyer decides as a matter of personal conscience that he or she must violate core legal ethics values, like keeping the confidences of a client, in furtherance of a higher objective not recognized be the Rules of Professional Conduct, such as keeping a serial killer from going free.

Here is Zoebrain’s Comment of the Day on the post, Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.” Continue reading →

Sen. Inouye And The Duty To Leave

/ Jack Marshall / 8 Comments
A distinguished life, missing one important act of leadership

A distinguished life, missing one important act of leadership

Washington D.C. and Hawaii are awash in tributes to the late Senator Daniel Inouye, who died last week, in office, at the age of 88. This is as it should be. Inouye was a historic figure in his state, a war hero (a Congressional Medal of Honor recipeient, in fact) , a statesman, in in all respects, from every source I’ve seen, the epitome of an honorable U.S. Senator and a good man.

But he stayed too long at his job. This is an obvious statement, since he dropped dead while still committed to filling his position for four more years. In 2010, Inouye ran for office knowing that he would be 92 when he finished his term. In this he was irresponsible, just as his former colleagues Robert Byrd, Strom Thurmond, Jesse Helms and many, many others were irresponsible before him. Senator Inouye even allowed himself to become President pro tem of the Senate, placing him third in line to succeed to the Presidency, after the Vice President and Speaker of the House.

We do not need term limits: if the voters, as they do, choose to keep electing representatives on the basis of nostalgia, or laziness, or fear of change, or loyalty, that’s democracy, just as it’s democracy that they elect officials for no better reasons than the fact that they had popular or successful grandfathers, parents, and spouses. The presumption in democracy is that we elect leaders who are better qualified to assess our best interests than we are, and that means that we should be able to trust them to know when it’s time to take themselves out of the active process of governing, and to remove from us the opportunity to irresponsibly confer power on those who are no longer fit to wield it. Continue reading →

Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 36 Comments
It's all for the best.

It’s all for the best.

The last time my friend “Ethics Bob” Stone blogged about ethics, it was way back in August, and he was writing about some guy named “Romney.” Now he’s back on the job, thank goodness, with a comeback post titled “Zero Dark Thirty: Did torture lead us to Osama bin Laden?”. And he’s ticking me off.

“Zero Dark Thirty” is Hollywood’s treatment of the search, apprehension and execution of Osama Bin Laden. The film suggest that methods of torture were employed by the CIA to uncover crucial intelligence that led to the terrorist mastermind’s demise. Torture opponents, including some U.S. Senators, are alarmed by this, and disputing the film’s account. (Imagine that: a movie that misrepresents history!) Meanwhile, conservatives, neocons, Bush administration bitter-enders, talk radio hosts and admirers of Dr. Fu Manchu and James Bond villains are citing the film as confirmation that they were right all along: torture is a wonderful thing.

I am puzzled that Bob got in the middle of this debate as an ethicist. “It worked!” and “It came out all right in the end!” are not valid ethical arguments or justifications. The first is an embrace of a pure “the ends justify the means” rationale, a favorite tool of Auric Goldfinger and Dr. No. The other is consequentialism. When ethicists and principled opponents of torture allow the issue to be adjudicated on this basis, they are surrendering their principles at the outset. “Torture doesn’t work” is a pragmatic argument, not an ethical one. If the societal consensus regarding torture is going to be determined by how much we can benefit by returning to the rack and wheel, then ethical considerations have already been jettisoned. Continue reading →

Bad Neighbor, Uncivil Citizen and Christmas Jerk, But Sarah Childs Knows Her Rights!

/ Jack Marshall / 26 Comments

christmasfinger

Sarah Childs decided to give her neighbors a bird that wasn’t mentioned in “The Twelve Days of Christmas.” The neighbors, for some reason, weren’t charmed, and in response to their complaints, police ordered Sarah to turn off the lights.

But U.S. District Judge James Brady granted  Childs’ request for a temporary restraining order blocking the City of Denham Springs in Louisiana from interfering with her  vulgar Christmas display on the roof of her house, giving a large, bright, middle finger to everyone within sight.  Marjorie R. Esman, the Executive Director of ACLU of Louisiana rejoiced, “This is a victory for the First Amendment and for the rule of law. We are gratified that Ms. Childs can express herself as the law permits without further risk of interference by the police.”

Yup, the First Amendment allows Sarah Childs to be an uncivil and intentionally offensive jerk, and to flip off her neighborhood with a Christmas flair. “Peace on Earth, and Up Yours! ” A better example of how conduct can be legal, Constitutionally protected, and completely, utterly, wrong would be hard to find. Apparently Childs was angry at her neighbors over an ongoing dispute, and this was her kind, polite, classy, Christmas-y way of handling the situation.

It is times like these that one really, really wishes there was a Santa Claus, so he could leave something appropriately disgusting in a deserving stocking.

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Pointer, Graphic: Volokh Conspiracy

Facts: Louisiana ACLU 1, Louisiana ACLU 2

Why Can’t We Trust Our Government? Here’s One Big Reason…

/ Jack Marshall / 10 Comments

A complete lack of accountability.

Now THERE'S something you won't see in Washington: heads rolling.

Now THERE’S something you won’t see in Washington: heads rolling.

Here is part of the Associated Press report on the internal review of the Benghazi Ethics Train Wreck. The bolding is mine: :

“An unclassified version released late Tuesday said serious bureaucratic mismanagement was responsible for the inadequate security at the mission in Benghazi where the U.S. ambassador and three other Americans were killed. Systematic failures and leadership and management deficiencies at senior levels within two bureaus of the State Department resulted in a Special Mission security posture that was inadequate for Benghazi and grossly inadequate to deal with the attack that took place, the panel said.

“Despite those deficiencies, the board determined that no individual officials ignored or violated their duties and recommended no disciplinary action. But it also said poor performance by senior managers should be grounds for disciplinary recommendations in the future.” Continue reading →

Unethical Quote of the Month: The Washington Post

/ Jack Marshall / 50 Comments

“When will America choose to protect children instead of guns?”

—- The headline writer for the Washington Post, introducing columnist Petula Dvorak’s column this morning on the Newtown, Connecticut elementary school shooting, which took the lives of 26, including 20 children.

Newtown shooting

Presumably the Post’s headline writer was inspired to come up with that headline by the similar statement from Marian Wright Edelman, president of the Children’s Defense Fund, who was quoted in Dvorak’s essay. Edelman said,

“This latest terrible tragedy at Sandy Hook Elementary School is no fluke. It is a result of the senseless, immoral neglect of all of us as a nation to fail to protect children instead of guns and to speak out against the pervasive culture of violence. It is up to us to stop these preventable tragedies.”

This is not quite as irresponsible and dangerous as the Post’s headline, but it is close. The suggestion that greater safety and security compels and justifies abandoning the core rights that make the United States unique and free is the ticket to tyranny, benevolent or otherwise. Continue reading →

The Costs of Ignorance and Stupidity: Not Unfair, But Obvious

/ Jack Marshall / 8 Comments
Now, if I were a psychic, I would have seen this argument coming...

Now, if I were a psychic, I would have seen this argument coming…

A rather uncontroversial Ethics Alarms post from September is suddenly getting bombarded with links from Reddit, heaven knows why. This was the article where I took The Learning Channel to task for building a reality show around a psychic (a.k.a “fraud”) and advertising it as if her abilities were real (Irresponsible TLC, Promoting Ignorance and Fraud). I appreciate the traffic when Reddit focuses on a post, but the experience is usually annoying. Reddit readers never make comments here, but make snarky, often ill-informed snipes on their own site, where it’s too much trouble to set them straight.

One of the Reddit critics of the Ethics Alarms post had a complaint that surprised me. He wrote…

“For an article about yelling at someone who makes unverified claims, it sure starts off with a doozy.

‘Public ignorance and stupidity costs the nation billions of dollars, kills untold people in the hundreds of thousands, vastly increases crime and unemployment, and generally makes life far less productive, safe and enjoyable for the minority that are not ignorant and stupid, as well as for those who are.'”

It never occurred to me that anyone would find that statement “unsubstantiated,” or even debatable. To begin with, it is obviously an opinion, though there are few opinions I am more certain about than this one. It is also not remotely like the assertion of a psychic that she communicates with the dead, which isn’t just an unsubstantiated claim, but an outright lie. Continue reading →

Now THIS Is Hypocrisy!

/ Jack Marshall / 11 Comments

121207_watters_redacted_605_431

Fox News reporter Jesse Waters in his spare time

Fox News reporter Jesse Waters in his spare time

Hypocrisy is a concept that is widely abused by critics, who misidentify it with startling regularity. Someone who has engaged in conduct that he now opposes is not necessarily a hypocrite, for example. It is not hypocrisy to reform or change one’s mind. Nor is it hypocrisy for someone to criticize conduct that he or she knows is wrong, but cannot control in his own life. Someone who opposes official approval of status that the individual secretly holds is not necessarily a hypocrite either. A closeted gay public official who publicly opposes gay rights may be self-loathing, but not hypocritical. A gay public official can plausibly believe that gay marriage is not necessary, or that marriage is a tradition that can only refer to a couple of opposite genders: holding a sincere position that is self-critical or against self-interest isn’t hypocrisy.

Hypocrisy is a lie, not mere inconsistency. It is knowingly posing as something you are not, pretending to believe something you don’t believe, demonstrated by not making an effort to meet the standards you insist that others follow. D.C. Mayor Marion Barry, lecturing children about the evils of illegal drug use while smoking crack in his spare time, was a hypocrite. Law enforcement officials who intentionally break the law are hypocrites. Rep. Joe Walsh,  the Tea Party, “family values” Congressman who refused to meet his own child-support obligations, stands out among the many hypocrites in government.

Then there is Fox News correspondent Jesse Watters. One week after President Obama was re-elected, Watters told Fox Head Bloviator Bill O’Reilly that the Obama voters were mindless zombies who supported the President “as long as there was Obamacare, gay marriage and abortion on demand.” Now Federal Election Commission records have surfaced showing that Watters himself contributed $500 to the President’s re-election campaign.

Yes, he is a zombie. Continue reading →

Ethics Dunces: The American Public

/ Jack Marshall / 38 Comments
Is this a great country, or what?

Is this a great country, or what?

No surprises here, but still:

A sickening  McClatchy poll released today shows that a majority of the U.S. public opposes all measures that are necessary to address the nation’s debt and deficit crisis, except increasing taxes on the rich…which, by itself will be of minimal assistance in addressing the long-term problem. Its advantage, of course, is that it involves no sacrifices from the vast majority of the public.

Such irresponsible, lazy, ignorant and foolish judgment by the public, of course, would not be an insuperable problem in a properly functioning republic, in which dedicated, informed, selfless and courageous public servants were willing to come together, compromise, and make difficult but necessary decisions that might be unpopular with their constituents. Or if the nation had elected a skilled and persuasive national leader who could persuade the public to reject narrow, short-term self-interest as patriots and Americans, for the benefit of future generations.

We don’t have those things, however, so the public’s lack of responsibility, knowledge and common sense is, if not fatal, a serious threat to the national welfare and long-term viability of the United States.

At least we’ll have no one to blame but ourselves, and perhaps the Founders, for foolishly entrusting a representative democracy to a people too ignorant and selfish to keep it working.

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Facts: McClatchy

Graphic: It is future

Incompetent Elected Official of the Month: Michigan State Representative Doug Geiss (D-Taylor)

/ Jack Marshall / 41 Comments
Ah, those were the good old days!

Ah, those were the good old days!

There is a strong likelihood that the Michigan state legislature will pass “right to work” legislation that limits the political power of labor unions, preventing unions cannot from requiring members to pay dues as a condition of employment. Twenty-four states have such measures, all passed through the democratic process, with voter-elected representatives debating and approving the legislation, and bills being signed by duly elected governors.  State Rep. Doug Geiss (D-Taylor), however, a union-supporting legislator in Michigan, has a provocative alternative strategy to offer when debate and democracy fail to reach the result he and his supporters desire: threaten violence. Continue reading →