Government & Politics

Ensign Scandal Revelations: Sen. Coburn’s Betrayal

/ Jack Marshall / 2 Comments

Oh dear, Sen. Coburn...didn't anyone tell you that corruption is contagious?

The bipartisan Senate committee, investigating the sexual harassment/ extortion/ lobbying scandals that led Sen John Ensign (R-Nev.) to resign his seat issued its report this week. It found “substantial credible evidence that provides substantial cause to conclude that Senator Ensign violated Senate Rules and federal civil and criminal laws, and engaged in improper conduct reflecting upon the Senate, thus betraying the public trust and bringing discredit to the Senate.” The committee referred the matter to the Justice Department and the Federal Election Commission.

The report also found, however, that another Republican Senator, Tom Coburn of Oklahoma, was hip-deep in the  mess, serving as an intermediary between Ensign and his top aide, Doug Hampton, who was in the process of extorting  Ensign  for having an affair with Hampton’s wife. Sen. Coburn also played a central role in arranging for Ensign’s parents to cough up the hush money to satisfy Hampton’s demands.  Whether Coburn knew about the more serious offenses that Ensign seems to have committed, such as lying to investigators and using his influence to create business for Hampton’s lobbying firm as part of the pay-off for Ensign sleeping with Hampton’s wife, is unknown, but never mind: helping with the cover-up is bad enough. Continue reading →

Bin Laden Aftermath Ethics: Deadly Expediency and Incompetence at the Top

/ Jack Marshall / 5 Comments

Psst! Joe! SHUT UP! You're killing people!

Secretary of Defense William Gates told a group of Marines at Camp Lejeune in North Carolina that the Navy SEALs who took out Osama bin Laden were concerned about their safety and that of their families. And why wouldn’t they be? After all, the aftermath of Osama bin Laden’s death  exposed President Obama’s inner circle, not for the first time, as inept and reckless in the responsibilities and priorities of leadership.

Mere days after the successful raid on bin Laden’s compound, Vice President Biden spontaneously announced the name of one of the men in charge of the SEALs team at a fundraiser in Washington, saying, Continue reading →

Ethics Hero: Sen. John McCain

/ Jack Marshall / 14 Comments

Arizona Senator John McCain has seriously tarnished his reputation for integrity  since losing the Presidential election in 2008, particularly during his last campaign for re-election to the Senate. The best of McCain was on display this week, however, as he delivered a strong and eloquent denouncement of torture (a.k.a “enhanced interrogation techniques”) on the Senate floor, in response to the ethically offensive arguments being put forth by many conservatives that the successful elimination of Osama bin Laden somehow magically transformed the evil practice of torture into a respectable tactic of national security. It is an important, courageous and persuasive statement from a U.S. Senator with special qualifications to make it, as one who had been tortured himself, and as fine a legacy as McCain, or any Senator, could aspire to.

Sen. McCain said, in part (you can read the entire text of his speech here)…

“Mr. President, the successful end of the ten-year manhunt to bring Osama bin Laden to justice has appropriately heightened the nation’s appreciation for the diligence, patriotism and courage of our armed forces and our intelligence community.  They are a great credit and inspiration to the country that has asked so much of them, and like all Americans, I am in their debt.

“But their success has also reignited debate over whether the so-called, ‘enhanced interrogation techniques’ of enemy prisoners, including waterboarding, were instrumental in locating bin Laden, and whether they are necessary and justifiable means for securing valuable information that might help prevent future terrorist attacks against us and our allies and lead to the capture or killing of those who would perpetrate them.  Or are they, and should they be, prohibited by our conscience and laws as torture or cruel, inhuman and degrading treatment. Continue reading →

Comment of the Day: “The Jaundiced Eye of Noam Chomsky”

/ Jack Marshall / Leave a comment

You can find the original post here, and under it, my response to this comment by reader Trafford Gazsik. I’d say that Christopher Hitchens’ rebuttal to Chomsky, linked in the post, and my post about the ethics of bin Laden’s execution address the issues raised, make up your own mind.

“I like Chomsky and as a non-American, I can assure you that rather than filling my head with anti-American sentiments, his writings have reassured me that America remains a country populated with mostly decent people and that the world at large should not give up on the place just yet.

“I’m interested to know which part of Chomsky’s analysis you do not agree with:

– Do you disagree with the assertion that the Bin Laden ‘takedown’ was an assassination?

– Do you reject the assertion that the assassination took place within the territory of another sovereign state without the knowledge or permission of the government of that state, in clear contravention of international law and customs?

– Do you deny that Bin Laden had not been tried in any court, and was for legal purposes, an innocent civilian of Non-US nationality residing in Non-US territory? Continue reading →

Appearance of Impropriety II: “Here’s Approval For That Deal You Wanted…What? Sure I’d Like to Work for You! Wow, I Never Saw THAT Coming!”

/ Jack Marshall / 5 Comments

What's there to be suspicious about?

Meredith Attwell Baker, a member of the Federal Communications Commission who voted to approve Comcast’s takeover of NBC Universal in January, is leaving to  become senior vice president of government affairs for ….Comcast-owned NBC Universal.

Hey, why are you so suspicious, you jaded cynic, you? Comcast says it did not begin discussions with Baker about a possible job until after the takeover had her seal of approval. So it’s all on the up and up! Right? Right?

Okay, let’s say we believe that, since doing otherwise would amount to bribery. It doesn’t matter, and I don’t care. Taking a major job with  a company whose back you scratched with a favorable ruling as a government regulator looks terrible, promotes public distrust, erodes faith in regulatory structures, and is unethical. There are other jobs in the world for people with Baker’s credentials; she doesn’t have to take one that makes the U.S.  government’s business regulatory apparatus look like it’s fixed.

A condition of any regulator’s employment with a federal agency should be a pledge that he or she will never accept a paid position for a company that has benefited from the regulator’s rulings…not in a year, not in a decade, not ever.

Appearance of Impropriety I: Federal Judge in a Whites Only Club? Ethical, As Long As He Doesn’t Like The Policy. Wait…WHAT?

/ Jack Marshall / 7 Comments

Our Motto: "Trying to find a qualified black member for 110 years...and still looking!"

Is it an ethical violation for a Federal judge to belong to a whites-only country club?

Sure it is. Was that so hard?

Apparently for a judicial appeals panel in Tennessee, it is.

In May of 2008, an anonymous woman complained to the chief judge of the 6th Circuit Court of Appeals that Federal bankruptcy  Judge George Paine II’s  membership in the ritzy Belle Meade Country Club violated the judicial ethics code of conduct that decrees that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”  This was a reasonable complaint to make, since the judicial codes for both Federal judges and Tennessee judges say that…

 CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

2 C   A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. Continue reading →

The Uncommon Common Dilemma

/ Jack Marshall / 12 Comments

Emily Dickinson, he's not.

It is unusual to encounter a situation where there is no course that doesn’t violate some legitimate ethical principle. The dilemma involving rapper Common’s controversial invitation to the White House is one of them. None of the options are strictly ethical, and this has led advocates both for and against his inclusion in Michelle Obama’s poetry event, “An Evening of  Poetry at the White House,” to behave unethically themselves. Let’s see: what comes closest to being ethical conduct of the possible outcomes?

Option A: Michelle has her poetry event, but doesn’t invite any mainstream rapper. Ethical breaches: Incompetence, bias, censorship, dishonesty.

Rap is the most dynamic and popular form of poetry in America today. Having an event to “showcase the impact of poetry on American culture” at the White House that excludes popular rappers is absurd on its face; it would be like the White House celebrating the influence of sports in American culture and omitting football. Continue reading →

The Unfair and Dishonest Regulation…of Interior Decorators?

/ Jack Marshall / 24 Comments

Deadly in the hands of an amateur

I stumbled on this as my wife and I investigated the possibility of her setting up a business as an interior design consultant. 22 States and the District of  Columbia require a license to be an interior decorator, which technically means, as Reason so pointedly puts it, that moving a throw pillow could theoretically get you jailed or fined.

How can this be? All professional licensing creates a bar to membership, making such licenses targets of Libertarians and other critics. But at least most professions requiring a license have a plausible argument for the certification based on health and the protection of the public welfare. Lawyers, doctors, dentists, builders, electricians…that makes sense. Real estate brokers, teachers, personal trainers…er, okay, I guess so. But interior decorators? Isn’t this just an example of nakedly restricting competition, and using the sordid process of buying state legislators to do it? What other justification could there be? Continue reading →

Ethics Quote of the Week: Washington Post Columnist Michael Gerson

/ Jack Marshall / 8 Comments

“In determining who is a “major” candidate for president, let’s begin here. Those who support the legalization of heroin while mocking addicts are marginal. It is difficult to be a first-tier candidate while holding second-rate values.”

—-Washington Post columnist and former Bush advisor Michael Gerson, pronouncing presidential candidate Rep. Ron Paul’s Libertarian endorsement of drug legalization ethically unacceptable.

Gerson’s deconstruction of the all-too-common and increasingly ominous calls for legalizing addictive drugs nicely captures the trio of ethical flaws of the advocacy: it denies the crucial and legitimate government role defining responsible conduct for society, it embraces the myth that recreational drug use “does no harm,” and it is arrogant and selfish, condemning the poor and reckless to problems that their fragile resources cope with, in order to bestow a dubious “freedom” that the drug advocates do not need. Continue reading →

What Do you Call A Newspaper That Defends Outrageous Journalistic Practices? How About “Di Tzeitung”?

/ Jack Marshall / 9 Comments

If Di Tzeitung had covered the Civil War

If I could pronounce it, the Brooklyn-based Hasidic newspaper Di Tzeitung would be useful shorthand  for “shamelessly using rationalizations to defend indefensible conduct.”

Last week, the newspaper ran the now-familiar photo of President Obama, Secretary of State Hillary Clinton, and others in the White House Situation Room, except that in Di Tzeitung’s version, Clinton  and the only other woman present, Director for Counter-terrorism Audrey Tomason, had magically vanished. Di Tzeitung had airbrushed them out, Politburo-style.

Of course, publishing the photo of a historic news event and altering it to convey misleading or false information (in this case, “Hillary wasn’t there”) is a substantial and wide-ranging violation of core journalism ethics, a breach of the reader’s trust, unfair, dishonest, misleading, incompetent and disrespectful. The altered photo was alternately condemned and mocked all over the media and blogosphere. Yet Di Tzeitung is largely unapologetic, and made it clear that it would do the same thing again if the opportunity arose. In a prepared statement, the editors explained why they did nothing “wrong”…well, almost nothing…challenging the Olympic record for rationalization by a news organization along the way: Continue reading →