Ethics Quiz Follow-Up (And An Ugly One): The Congressional Art Competition Winner’s Painting [UPDATED]

clay-painting-back

Well now we have a definitive answer to the Ethics Alarms Ethics Quiz that asked whether  it was responsible, fair, and ethical for Congressman Lacy Clay (D-Mo) to have the painting above displayed in the U.S. Capitol, and we don’t even have to use the ethics decision-making process I included in the post. (I note ruefully that readers were challenged to use the method to reach a conclusion, and none did.)

We don’t have to use it, because we now know some things we didn’t know at first, or at least I didn’t. Based on news reports when I first posted, I assumed that the work by high school senior David Pulphus was chosen by a designated committee, and that Clay was bound by the terms of the contest to hang the winning painting in the Capitol. That would have made the treatment of the obviously inflammatory artwork, which depicts the false Black Lives Matter narrative that Mike Brown was gunned down in Ferguson by a racist cop without cause, an ethics conflict, pitting the First Amendment and the obligation to fulfill  a commitment against the inclusion of racially divisive art in the Capitol, which is irresponsible.  Now we know, however, that Clay himself helped choose the painting, and that he did so despite the fact that the painting directly violated the rules of the contest, and thus was ineligible:

“While it is not the intent to censor any artwork, we do wish to avoid artwork that is  potentially inappropriate for display in this highly travelled area leading to the Capitol.Artwork must adhere to the policy of the House Office Building Commission. In accordance with this policy, exhibits depicting subjects of contemporary political controversy or a sensationalistic or gruesome nature are not allowed. It is necessary that all artwork be reviewed by the panel chaired by the Architect of the Capitol and any portion not in consonance with the Commission’s policy will be omitted from the exhibit. If an entrant is unsure  about whether a piece of artwork is acceptable, he or she should contact the staff of his or her  Member of  Congress; the congressional staff can speak with personnel who can determine whether the artwork would be accepted.”

The painting is beyond question  “depicting subjects of contemporary political controversy or a sensationalist or gruesome nature.” In allowing the painting to be entered, participating in selecting it, seeing that it was chosen as the winner, and hanging such an inflammatory work in the Capitol, Rep. Clay was… Continue reading

The Russian Cyber-Attack Report: Observations And Questions

The first page of the Joint Analysis Report narrative by the Department of Homeland Security and federal Bureau of Investigation and released on Dec. 29, 2016, is photographed in Washington, Jan. 6, 2017. Computer security specialists say the technical details in the narrative that the U.S. said would show whether computers had been infiltrated by Russian intelligence services were poorly done and potentially dangerous. Cybersecurity firms ended up counseling their customers to proceed with extreme caution after a slew of false positives led back to sites such as Amazon and Yahoo Inc. Companies and organizations were following the government’s advice Dec. 29 and comparing digital logs recording incoming network traffic to their computers and finding matches to a list of hundreds of internet addresses the Homeland Security Department had identified as indicators of malicious Russian intelligence services cyber activity. (AP Photo/Jon Elswick)

From The New York Times today:

President Vladimir V. Putin of Russia directed a vast cyberattack aimed at denying Hillary Clinton the presidency and installing Donald J. Trump in the Oval Office, the nation’s top intelligence agencies said in an extraordinary report they delivered on Friday to Mr. Trump.

The officials presented their unanimous conclusions to Mr. Trump in a two-hour briefing at Trump Tower in New York that brought the leaders of America’s intelligence agencies face to face with their most vocal skeptic, the president-elect, who has repeatedly cast doubt on Russia’s role. The meeting came just two weeks before Mr. Trump’s inauguration and was underway even as the electoral votes from his victory were being formally counted in a joint session of Congress.

Soon after leaving the meeting, intelligence officials released the declassified, damning report that described the sophisticated cybercampaign as part of a continuing Russian effort to weaken the United States government and its democratic institutions. The report — a virtually unheard-of, real-time revelation by the American intelligence agencies that undermined the legitimacy of the president who is about to direct them — made the case that Mr. Trump was the favored candidate of Mr. Putin.

The Times story is a mostly fair, if incomplete, description of the report itself, which is a provocative, disturbing and infuriating document. Damning? I don’t know about that. Anyone can damn something, but to be sure the damning is just requires evidence.

Observations and Questions:

1. The report isn’t evidence of anything. It just isn’t, and anyone or any source that states otherwise is misleading us. It would not be admissible as evidence if Russia or Putin were on trial in the U.S. for trying to influence the 2016 election. The document is a statement of opinions after analysis of material and sources we are not allowed to see. At the beginning, the report goes to great lengths to explain why this is, and the explanation is sound. Unless, however, the position we are supposed to take is that the intelligence community is to be assumed to be 100% correct, uninfluenced by bias, and  ought to be believed without reservations despite the presence of hard evidence, the declassified report is a statement by experts of an analysis based on experience and study, of exactly what, we don’t know.

2.Regarding the Times story: the intention of the news media to undermine the Trump Presidency and bolster Democrats who want to blame their candidate’s defeat on anything but her own weaknesses and conduct  appears to be on display in the Times story. For example, we have this statement:

“The Russian leader, the report said, sought to denigrate Mrs. Clinton, and the report detailed what the officials had revealed to President Obama a day earlier: Mr. Trump’s victory followed a complicated, multipart cyberinformation attack whose goal had evolved to help the Republican win.”

The leaping to the logical fallacy of post hoc ergo propter hoc (“after this, therefor because of it”) is both a human tendency to be avoided and well-known. This statement appeals to it, intentionally, or incompetently. The fact that Trump’s shocking victory came after the cyber-attacks does not mean or even suggest that the attacks were responsible for that result. The Times immediately, in the next sentence, even states that “The 25-page report did not conclude that Russian involvement tipped the election to Mr. Trump.” Well, those are mixed messages. Do I, based on the uninterrupted anti-Trump attitude of the Times in its headlines, placement of stories, tone and pitch of news reports, op-eds and editorials, conclude that the mixed message is intentional or sparked by negligence seeded by bias?

I do.

3.  Much further down in its story, the Times admits, Continue reading

Obamacare’s Epitaph: “Live By The Rationalization, Die By The Rationalization”

obamacare-gravestoneRemember in 2010, when the Democrats ensured that the Affordable Care Act would clear its final hurdle to passage this way?

Democrats will finish their health reform efforts within the next two months by using a majority-vote maneuver in the Senate, Majority Leader Harry Reid (D-Nev.) said. Reid said that congressional Democrats would likely opt for a procedural tactic in the Senate allowing the upper chamber to make final changes to its healthcare bill with only a simple majority of senators, instead of the 60 it takes to normally end a filibuster.The move would allow Democrats to essentially go it alone on health reform, especially after losing their fillibuster-proof majority in the Senate after Sen. Scott Brown’s (R) special election victory in Massachusetts.

Republicans have protested the maneuver as a hyperpartisan tactic to ram through a health bill, and have said that plans to use the reconciliation process make moot a bipartisan summit at the White House this week, where both GOP and Democratic leaders are supposed to present their ideas on healthcare.

At the time, Republicans, as is their wont, over-stated their objections to the maneuver, calling it unconstitutional and a breach of rules. No, it wasn’t quite that, nor was it as unusual as the GOP claimed. It was within Senate rules, but still the first time it was ever used to amend a bill that had already passed the Senate via cloture, and under such contentious circumstances.  Reconciliation was legal, all right, but since the Affordable Care Act was so revolutionary and controversial, its passage needed to be seen as democratic, and it wasn’t. Democrats ignored the Golden Rule, and extended the acceptable use of reconciliation by using a number of rationalizations, as well as “the ends justify the means.”

Let’s see: “Everybody Does It” wouldn’t work, because the problem with using reconciliation was that everybody didn’t do it, at least not very often.  So Democrats opted for 13. The Saint’s Excuse: “It’s for a good cause”23. Woody’s Excuse: “The heart wants what the heart wants”#24. Juror 3’s Stand (“It’s My Right!”)25. The Coercion Myth: “I have no choice!”28. The Revolutionary’s Excuse: “These are not ordinary times.”31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now” 40. The Desperation Dodge or “I’ll do anything!”59. The Ironic Rationalization, or “It’s The Right Thing To Do”…and perhaps a few other rationalizations on the list. Continue reading

Ethics Dunces: House Republicans….WAIT! Trump To The Rescue!

oce-website

Per The Washington Examiner:

House Republicans on Monday quietly voted to strip the independent power from an outside ethics panel established eight years ago following a string of corruption scandals, a move they made just hours before the start of the 115th Congress. A measure defanging the Office of Congressional Ethics, authored by House Judiciary Committee Chairman Bob Goodlatte, will now be included in the House Rules package, which is poised for a Tuesday afternoon vote before the entire House.

The provision’s most important feature changes the OCE from an independent entity to a body that falls under the jurisdiction of the House Ethics Committee, a 10-member, bipartisan committee of lawmakers that rarely hands out serious punishment. Goodlatte’s provision renames the OCE the “Office of Congressional Complaint Review,” and said the changes were needed because lawmakers have been subjected to investigations provoked by partisan outside groups.

The move was incompetent, as it is terrible public relations and undermines the public trust. I’d call it straight-up unethical as well, because it constitutes the appearance of impropriety, which is prohibited by House ethics rules already.

Then, that evil, fascist President-Elect Donald Trump tweeted…

“With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it … may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance! #DTS,

The House Republicans backed down, and eliminated the measure.

Observations: Continue reading

Incompetent Elected Official Of The Month: Rep. Jim Himes (D-Conn.)

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because its antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You're an idiot.

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because it’s antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You’re an idiot.

Now a member of Congress has sided with the history-addled cheating advocates who are pressuring Republican electors to overturn the results of the 2016 election. One might expect electors to be this ignorant and confused, since they are not vetted or qualified and may be, for all voters know, self-righteous paramedics.  Smug and partisan social justice warriors using fake names are also not surprising us when they advocate something this unethical. However, we should be able to expect our elected representatives to have more respect for and understanding of our system. Unfortunately, we can’t.

Rep. Jim Himes (D-Conn.) concedes that Donald Trump won the election “fair and square.” (This is a small point in Himes’ favor, at least, since so many of his political brethren won’t even admit that). Nonetheless, he has announced that electors should defy the electorate and make Hillary Clinton President when they gather on December 19to  vote,despite the fact that Trump beat Clinton by winning states that gave him, or were supposed to, 306 Electoral College votes.

Himes’s “argument“ mark him as a bona fide idiot. We should not have bona fide idiots in Congress.

“We’re 5 wks from Inauguration & the President Elect is completely unhinged. The electoral college must do what it was designed for,” he tweeted yesterday. No, in fact, that was not what it was designed for. The Electoral College was designed to prevent big states in a federal system from dictating to the other states, which might not share their culture or sensitivities. Imagine a big, wacko state like California dominating our politics. In fact, that’s exactly what would happen without the Electoral College. In the election just completed, Clinton won the Golden Bankrupt Illegal Immigrant-Enabling State by almost 4 million votes, while Trump got more votes than  Clinton in the other 49 states and the District of Columbia.  That’s why we have the Electoral College, and a more brilliant device the Founders never devised. Continue reading

Four Unethical Dispatches From The 2016 Post Election Ethics Train Wreck: #1

harry-reid

Ethics Alarms must now designate the collective freakout following Donald Trump’s victory and the massive national rejection of the Democratic party as an Ethics Train Wreck, distinct from the two candidates’ individual train wrecks that engulfed their campaigns. So far, most of the passengers leaping onto the metaphorical rambling wreckage hail from the progressive and Democratic ranks, not helping their crumbling national stature at all.

Coming up in four posts are four recent screeds and missives that demonstrate various degrees and kinds of ethics rot. The rot is wide and deep, and helps explain why so many young American think that pointless chanting, shouting and violence is a rational response to a disappointing election result.

I. Nevada Senator Harry Reid

Senate minority leader Harry Reid released this statement about the election of Donald Trump:

I have personally been on the ballot in Nevada for 26 elections and I have never seen anything like the reaction to the election completed last Tuesday. The election of Donald Trump has emboldened the forces of hate and bigotry in America.

“White nationalists, Vladimir Putin and ISIS are celebrating Donald Trump’s victory, while innocent, law-abiding Americans are wracked with fear – especially African Americans, Hispanic Americans, Muslim Americans, LGBT Americans and Asian Americans. Watching white nationalists celebrate while innocent Americans cry tears of fear does not feel like America.

“I have heard more stories in the past 48 hours of Americans living in fear of their own government and their fellow Americans than I can remember hearing in five decades in politics. Hispanic Americans who fear their families will be torn apart, African Americans being heckled on the street, Muslim Americans afraid to wear a headscarf, gay and lesbian couples having slurs hurled at them and feeling afraid to walk down the street holding hands. American children waking up in the middle of the night crying, terrified that Trump will take their parents away. Young girls unable to understand why a man who brags about sexually assaulting women has been elected president.

“I have a large family. I have one daughter and twelve granddaughters. The texts, emails and phone calls I have received from them have been filled with fear – fear for themselves, fear for their Hispanic and African American friends, for their Muslim and Jewish friends, for their LBGT friends, for their Asian friends. I’ve felt their tears and I’ve felt their fear.

“We as a nation must find a way to move forward without consigning those who Trump has threatened to the shadows. Their fear is entirely rational, because Donald Trump has talked openly about doing terrible things to them. Every news piece that breathlessly obsesses over inauguration preparations compounds their fear by normalizing a man who has threatened to tear families apart, who has bragged about sexually assaulting women and who has directed crowds of thousands to intimidate reporters and assault African Americans. Their fear is legitimate and we must refuse to let it fall through the cracks between the fluff pieces.

“If this is going to be a time of healing, we must first put the responsibility for healing where it belongs: at the feet of Donald Trump, a sexual predator who lost the popular vote and fueled his campaign with bigotry and hate. Winning the electoral college does not absolve Trump of the grave sins he committed against millions of Americans. Donald Trump may not possess the capacity to assuage those fears, but he owes it to this nation to try.

“If Trump wants to roll back the tide of hate he unleashed, he has a tremendous amount of work to do and he must begin immediately.”

Observations: Continue reading

More Clown Ethics: The County That Banned Bozo

bozo

An alternate title was “The County Run By People So Ignorant Of The Constitution That They Think You Can Tell People How To Dress And Who Will Be Easy Pickings When The Democrats Decide To Ban What They Decide Is “Hate Speech,” but I thought it was a little too long.

The mass Ethics Dunce in question is Mississippi’s Kemper County, which in response to the evil clown hysteria embarrassing the nation almost as much as the evil Presidential candidates hysteria, enacted a clown ban this week, forbidding people from dressing as clowns until after Halloween. Anyone caught in public wearing a clown costume, mask or makeup will face a $150 fine.

This is, of course, ironic, since any elected officials voting for such a ban are, by definition, clowns themselves.

County supervisors president Johnny Whitsett justified this overly broad law and per se violation of the Constitution as a matter of public safety because, he said, people “could react badly if they get scared by a clown in their yard.” Wait: how does my wearing clown shoes and a red nose in my yard scare someone in their yard?

Boy, I can’t wait until I am retired, rich, and at leisure to go down to future Kember Counties and get arrested for being dressed like Bozo.

In these tiny, trivial, stupid examples of elected officials proving themselves ignorant of our rights and protections are the seeds of the destruction of American liberty.

Meanwhile, non-government entities, which are legally free to reject the principle of free expression but not ethically free to get away with it, at least on this little corner of the Internet, have revealed their own censorious clown DNA. Target, for example, has removed clown masks from its stores and website. “Given the current environment, we have made the decision to remove a variety of clown masks from our assortment, both in stores and online,” the Big Box chain announced through a spokesman.

This is consistent with the current reasoning of the increasingly totalitarian left on guns and other commodities, that if a small minority of citizens abuse a product or right, the rest of us have to do without. Again, I look forward to my future career as the Ethics George Soros, funding nation-wide Scary Hair Dryer User  hoaxes to see if Target will ban hair dryers too.

Since Nobody In The Mainstream Media Will Flag President Obama’s Outrageous Hypocrisy, I Guess It’s Up To Ethics Alarms. Rats.

I hate this. I really do.

Boy, can you believe Donald Trump suggesting that a Presidential election can be stolen? This guy is a monster!

Boy, can you believe that Donald Trump suggesting that a Presidential election can be stolen? This guy is a monster!

I hate that the astoundingly biased and partisan news media and pundit class refuse to even make a fair pass at doing its job, forcing an ethics blog to place itself in the position of being accused of defending Donald Trump.

Yeccch.

[Rueful but amused aside regarding the biased and partisan news media: Late Sunday evening,  Chris Cillizza, who authors the political blog for the Washington Post, tweeted: “Let me say for the billionth time: Reporters don’t root for a side. Period.” This was a manifestly absurd assertion, and made me wonder about Cillizza, who may not “root for a side,” but whose own left-leaning and pro-Clinton bias creeps into his work at regular intervals. But the gods of irony were ready: Monday morning the Center for Public Integrity released its 2016 campaign analysis that showed that U.S. journalists gave hundreds of thousands of dollars to  Clinton’s campaign. CPI identified 430 people as “journalists, reporters, news editors or television news anchors ­— as well as other donors known to be working in journalism.” 96 % gave money to Clinton, according to federal campaign finance filings. That’s 96. Ninety-six. NINETY-SIX. As in “all but 4%.” Got that? Are we clear? Those 430 journalists gave $382,000 to Clinton and $14,000 to GOP nominee Donald Trump. Fifty journalists  gave to Trump; 380 gave to Clinton. Many more members of the media almost certainly donated, and almost certainly in a similarly unbalanced split, but the law only obligates candidates to disclose the names of donors giving more than $200 in a single election cycle. In its report, CPI noted that even though many news organizations have policies against donating to politicians, those organizations’ reporters donated anyway. Poor, naive, Chris Cillizza, having proven that as a reporter, his confirmation bias prevents him from seeing what is all around him, at least had the integrity to follow up his previous tweet (“Period.”) by tweeting…

“Well this is super depressing. NO idea why any journalist would donate $ to politicians.”

Well why don’t you think about it, Chris? I’m sure it will come to you. But I digress...]

I know this is a political campaign and that hyperbole and loose facts are as American as apple pie. However, Barack Obama is President of the United States, and he, even more than most, must not actively seek to re-write history, especially since so many of his supporters have the historical perspective of mayflies. Therefore he must not be allowed to escape proper condemnation for these statements he made  in a campaign speech attacking Donald Trump. Yes, only condemnation will do, for his statements were dishonest, untrue, and constituted hypocrisy as its worst. Presidents should be better.

Obama had the gall to lecture Donald Trump with two head-exploding statements for anyone whose memory extends back before the Bush presidency, and one that should have triggered mass cranial eruptions from anyone conscious during the past 8 years: Continue reading

Incompetent Elected Officials Of The Month: The Charlotte City Council

ziannaoliphant

Awww!

 9-year-old Zianna Oliphant spoke at a Charlotte City Council meeting about race, police violence, and reform. Tears streamed down her cheeks, and, of course, the video “went viral.” She has kept talking, expert on urban governance and law enforcement that she is, since she earned her fifteen minutes of fame. “I was just feeling like what the police are doing to us, just because of our skin, is not right,” the fourth-grader told NBC.

Of course, she knows absolutely nothing about the issues involved. She has no idea whether what happened to Keith Lamont Scott was ” done to us, just because of our skin” or done to him, because he threatened a police officer. (It was done to him, by a black cop, who, if he was doing it because of the color of Zianna’s skin needs to be put on a suicide watch.)

All Zianna knows is what she has been taught, and based on what she said, she has been indoctrinated by her family and community into be a police-fearing, anti-white racist. Now that this is happening to the black children of Charlotte and elsewhere is important information that should be part of the discussion, but that’s not how her statements are being used. She is being exploited by adults who know that their opinions become more persuasive coming out of the mouths of babes, and she is being accorded undeserved  moral authority because she is young and innocent. Zianna also has a fourth grade education and maybe six years of life experience. Wow.

What can such an individual contribute to a public policy debate so complex that elected officials, scholars and public policy experts don’t know how to proceed? Nothing. N-O-T-H-I-N-G. A nine year-old girl, even the most brilliant nine-year-old girl who has ever lived, is useless. A City Council that would waste deliberation and consideration of  critical issues on the testimony of children, however moving,  should just hand in their resignations en masse. They are incompetent and a disgrace.

In the alternative, Charlotte should give voting privileges to anyone over the age of five. Maybe they will. Continue reading

Incompetent Elected Official Of The Month: Maine Gov. Paul LePage (R)

lePage

Those who want a glimpse into what a Donald Trump presidency would be like need look no farther than the perpetual self-created mess that is the tenure of Republican Paul LePage as governer of Maine. The New York Times recently provided a handy summary of his more recent embarrassments and attacks of absurd incivility and unprofessional behavior:

2016

April

Mr. LePage apologized after storming offstage and calling protesting students “idiots” during a public appearance.

March

Mr. LePage displayed “Wanted”-style posters aimed at environmentalist and union groups during a town meeting, saying those groups were holding the state back.

February

Mr. LePage said asylum-seekers brought disease and the “ziki-fly.” When asked to apologize at an event in June, Mr. LePage did not, and said conditions like hepatitis C and H.I.V. were on the rise in Maine. Mr. LePage also drew criticism that month for appearing to mock a Chinese businessman’s name.

That month, Mr. LePage also delivered his State of the State address in the form of a letter, breaking the tradition of giving a speech to lawmakers. He said it would be “silliness” to address lawmakers who had tried to impeach him.

January

Mr. LePage apologized for a “slip-up” after saying drug-dealers would come from out of state and “impregnate a young white girl” before leaving. The drug dealers, he said, in a comment that was widely perceived as racially charged, “are guys with the name D-Money, Smoothie, Shifty — these types of guys.”

2015

July

Mr. LePage apologized to the son of a cartoonist for The Bangor Daily News because he had told the son he would “like to shoot” his father. That comment drew criticism, with some noting its added insensitivity given the attack at the Charlie Hebdo newspaper in Paris earlier that year, although the son said he was not offended.

June

A charter school in Maine said Mr. LePage had threatened to take away its funding if it did not rescind a job offer to the House speaker, Mark Eves, a Democrat.

“The full power of the state was used to put a father of three out of a job because he was a lawmaker who disagrees with the governor on policy,” the editorial board of The Press Herald wrote.

Some Democrats called for impeachment, but an effort to investigate Mr. LePage — which would have been a precursor to impeachment in January 2016 — did not muster enough support for a vote.

May

Mr. LePage vowed to veto all Democratic-sponsored bills until the party accepted his effort to eliminate the state’s income tax. The question of whether Mr. LePage had vetoed 65 bills within the proper time frame ended up in the State Supreme Court, which found that the bills could stand as law.

2013

August

Two lawmakers, who remained anonymous, said they had heard Mr. LePage say at a fund-raiser that President Obama “hates white people.”

June Mr. LePage made a graphically lewd statement about Troy Jackson, a Democrat who was the assistant Senate majority leader at the time. He added that Mr. Jackson was a “bad person” with “no brains” and a “black heart.”

2012

July

Mr. LePage compared the Internal Revenue Service to the Gestapo in a radio address. Asked about the comment in a follow-up interview several days later, he said: “What I am trying to say is the Holocaust was a horrific crime against humanity and, frankly, I would never want to see that repeated. Maybe the I.R.S. is not quite as bad — yet.”

2011

January

Mr. LePage said leaders from the N.A.A.C.P. who had questioned his decision not to attend Martin Luther King’s Birthday events could “kiss my butt.”

2010

September

During his campaign for governor, Mr. LePage told a group of fishermen that he would tell Mr. Obama to “go to hell.”

People like LePage and Trump don’t improve over time, because they don’t learn. If they did, they would not still behave like this at such advanced ages. Thus Governor LePage recently shattered his own record for outrageous conduct, whatever it was, beginning last week.  LePage told a town hall meeting addressing the current heroin-use epidemic in Maine that most drug dealers in the state were black or Hispanic, and that he had a binder to prove it. Continue reading