The 2016 Election And Ethics Zugswang

scylla-and-charybdis

In a July post I introduced the concept of ethics zugswang, described in the Ethics Alarms glossary as

From the chess term “zugzwang,” describing a board where the player with the next move worsens his position regardless of which move he chooses. Ethics Zugswang occurs when all the opportunity to choose ethical options has passed. Any course of action will have unethical consequences.

I often talk about ethics zugswang in my ethics seminars as well. It is a situation where  no ethical decision is possible, because of poor choices and a failure to play competent ethics chess, not thinking ahead, not anticipating worst case scenarios, and thereby creating a situation where  ethical options are unavailable. All that is left are options that do tangible harm. The idea is to avoid such messes by not blundering through life being governed by non-ethical considerations, emotions, rationalizations, recklessness and ignorance. Sometimes, however, despite all of one’s best efforts, ethics zugswang arrives anyway.

Such is the plight of the American citizen on Election Day, 2016. For months, thoughtful voters who care about democracy and want to participate in choosing their President responsibly have been trying to decide which of several unethical decisions is the best—the most ethical, or rather least unethical– of the available options. Being angry or indignant, or holding one’s breath until one turns blue, will not do. A decision has to be made, and refusing to make a decision is still a decision. (In chess, the most common response to ethics zugswang is to resign, to quit. But one cannot quit being a citizen in a democracy.)

In past posts, mostly in the comments, I and others have exchanged proposed analogies to describe the choice between choosing Hillary Clinton or Donald Trump to lead the country. Arguing that it was a binary choice that could best be compared to having one’s commercial airline flown by an untrustworthy pilot of questionable skill, motivations and objectives or, in the alternative, a seven-year old, a monkey or a spaniel, my position was that one choice was terrible and the other was infinitely worse, but the terrible one as at least survivable, with luck. Classical literature provides another useful analogy: the myth of Scylla and Charibdis.

In Greek mythology, they were two immortal and deadly monsters who lived on opposite sides the narrow waters in the Strait of Messina, between Italy and Sicily. Odysseus, trying to return home after the Trojan War,  faced the dilemma posed by having to choose between them in Homer’s Odyssey, Book XII. Scylla had been a lovely a sea nymph who was loved by the sea god Poseidon, but Poseidon’s jealous wife Aphrodite treacherously cursed the waters in which Scylla bathed. The god-poisoned water turned Scylla into huge and vicious monster with twelve legs, six heads on long, snaky necks, with each head having a triple row of shark-like teeth. The transformed Scylla’s loins were also covered by the heads of baying dogs. (Note to self: don’t mess with Aphrodite!) When ships passed close to her, Scylla’s six heads would each snatch one sailor, then devour them in her cave.

Charybdis was also once a nymph, a daughter of Poseidon, who angered Zeus, Poseidon’s brother. Zeus turned her into an even worse monster than Scylla. The transformed nymph lurked under a fig tree on the opposite shore from Scylla’s rock, drinking down and belching out  the sea three times a day, causing  fatal whirlpools no ship could survive. Odysseus managed to get the worst of this dual  monster dilemma, sailing close enough to Scylla to doom six of his sailors (who he never warned about the threat) and still seeing his chip wrecked by Charybdis, with him being the only survivor. The shipwrecked Odysseus barely escaped her clutches by clinging to a tree until the improvised raft that she swallowed floated to the surface again after many hours.  To be “between Scylla and Charybdis” means to be caught between two equally horrible alternatives.

As today loomed and this metaphor appeared more and more accurate, I sought wisdom from various versions of the story, only to gradually realize that I was not as certain as I once had been which candidate was which monster. Continue reading

Hillary Clinton: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2009-2016

hillary-testifies

The first Ethics Alarms post about Hillary Clinton ironically enough, in 2009, awarded her an Ethics Hero. (She has two.) “I know, I know. Truth and the Clintons have never been friends,” it began. And, looking back, it was a pretty generous award: all she did was describe how an ethical decision is made, and claimed that was how she decided to accept Obama’s invitation to be Secretary of State.  It didn’t prove she actually made the decision the way she said she did, and now, with the benefit of seven years’ hindsight, I think it’s likely that she was lying about it, as usual. Still, it proves that Hillary may know how to act ethically. This distinguishes her from Donald Trump.

Before heading to the voting booth, I decided to review all of the Ethics Alarms posts about Clinton. It is, I think it’s fair to say, horrifying. You can find them all here. 

There are unethical quotes of the week and month, Ethics Dunce designations, Jumbos, where Clinton denied what was in clear view to all, and KABOOMS, where the sheer audacity of her dishonesty (or that of her corrupted allies and supporters) made my skull explode skyward. If you have a recalcitrant Hillary enabler and rationalizer in your life, you should dare him or her to read this mass indictment—not that it will change a mind already warped, of course, but because the means of denying and spinning what they read will be instructive, confirming the symptoms of incurable Clinton Corruption.In July of 2015, I responded to complaints—including one from an ethics professor— that I was not objective regarding Mrs. Clinton, that I was picking on her. The response was a manifesto, stating my standards and objectives: Continue reading

“The Ethicist” Endorses Vigilantism

No, you can't scam the scammers....

No, you can’t scam the scammers….

I haven’t been monitoring the New York Times’ “The Ethicist” column as much as I once did. After the original author of the feature, Randy Cohen, was jettisoned, the various ethicists, pseudo-ethicists and imaginary ethicists the Times recruited to fill his  slot have ranged from inconsistent to incompetent, and I stopped checking regularly until recently. Now the column has a real ethicist, for once: Kwame Anthony Appiah teaches philosophy at N.Y.U., and wrote “The Honor Code: How Moral Revolutions Happen.”  He seems to be thorough and explains his analysis using valid ethical systems. He’s a vast improvement over his immediate predecessors, but he goofs too.

A questioner asked about how he should handle scammers who tricked his father out a check. He wrote offering a threat and a settlement. They were to  return half the money, or he would report them to the consumer-affairs division of their state’s attorney general’s office and the Consumer Financial Protection Bureau, register complaints on websites and generally see that they suffered for their fraud.  His demand: send  a certified check, made out to his father, by the deadline. It worked; he got the amount requested, and the check cleared.

“But it was not certified, and it arrived after the due date,” he wrote. “Do I have an obligation to uphold my end of the deal, by not registering complaints about an outfit that is clearly scamming elderly people?”  Continue reading

Election Extra! This News Story Illustrates Why You Can’t Trust Hillary Clinton: Corruption! Conflict Of Interest! Lies! Cover-Up! And Of Course, The Mainsteam News Media Doesn’t Want You To Understand It, Which Is Part Of The Story Itself

[ I apologize: this is long. I also think it is important: I know this may be a tipping point for me. I hope you’ll read it, and share it.]

Yesterday, I saw this news item from Reuters, one of the few respectable news sources on the U.S. election that has not been distorting and withholding information to tip public opinion one way or the other. I tracked it all day to see whether the mainstream news media would highlight, or even mention it.

Significantly, the information involved came in a post-workday news dump on a Friday, a technique that has become a favorite of the Obama administration, and has been adopted by its party too.  If you missed it, in other words, that was the intention.

I’ll bold the most critical points:

Reuters:

The Clinton Foundation has confirmed it accepted a $1 million gift from Qatar while Hillary Clinton was U.S. secretary of state without informing the State Department, even though she had promised to let the agency review new or significantly increased support from foreign governments.

Qatari officials pledged the money in 2011 to mark the 65th birthday of Bill Clinton, Hillary Clinton’s husband, and sought to meet the former U.S. president in person the following year to present him the check, according to an email from a foundation official to Hillary Clinton’s presidential campaign chairman, John Podesta. The email, among thousands hacked from Podesta’s account, was published last month by WikiLeaks.

Clinton signed an ethics agreement governing her family’s globe-straddling foundation in order to become secretary of state in 2009. The agreement was designed to increase transparency to avoid appearances that U.S. foreign policy could be swayed by wealthy donors.

If a new foreign government wished to donate or if an existing foreign-government donor, such as Qatar, wanted to “increase materially” its support of ongoing programs, Clinton promised that the State Department’s ethics official would be notified and given a chance to raise any concerns.

Clinton Foundation officials last month declined to confirm the Qatar donation. In response to additional questions, a foundation spokesman, Brian Cookstra, this week said that it accepted the $1 million gift from Qatar, but this did not amount to a “material increase” in the Gulf country’s support for the charity. Cookstra declined to say whether Qatari officials received their requested meeting with Bill Clinton.

Officials at Qatar’s embassy in Washington and in its Council of Ministers in the capital, Doha, declined to discuss the donation.

The State Department has said it has no record of the foundation submitting the Qatar gift for review, and that it was incumbent on the foundation to notify the department about donations that needed attention. A department spokeswoman did not respond to additional questions about the donation.

According to the foundation’s website, which lists donors in broad categories by cumulative amounts donated, Qatar’s government has directly given a total of between $1 million and $5 million over the years.

The Clinton Foundation has said it would no longer accept money from foreign governments if Clinton is elected president and would spin off those programs that are dependent on foreign governments.

“MATERIAL” INCREASE

Foundation officials told Reuters last year that they did not always comply with central provisions of the agreement with President Barack Obama’s administration, blaming oversights in some cases.(reut.rs/2fkHPCh)

At least eight other countries besides Qatar gave new or increased funding to the foundation, in most cases to fund its health project, without the State Department being informed, according to foundation and agency records. They include Algeria, which gave for the first time in 2010, and the United Kingdom, which nearly tripled its support for the foundation’s health project to $11.2 million between 2009 and 2012.

Foundation officials have said some of those donations, including Algeria, were oversights and should have been flagged, while others, such as the UK increase, did not qualify as material increases.

The foundation has declined to describe what sort of increase in funding by a foreign government would have triggered notification of the State Department for review. Cookstra said the agreement was designed to “allow foreign funding for critical Clinton Foundation programs” to continue without disruption.

The State Department said it has no record of being asked by the foundation to review any increases in support by a foreign government.Asked whether Qatar was funding a specific program at the foundation, Cookstra said the country supported the organization’s “overall humanitarian work.”

“Qatar continued supporting Clinton Foundation at equal or lower levels” compared with the country’s pre-2009 support, he said. He declined to say if Qatar gave any money during the first three years of Clinton’s four-year term at the State Department, or what its support before 2009 amounted to.

In another email released by WikiLeaks, a former Clinton Foundation fundraiser said he raised more than $21 million in connection with Bill Clinton’s 65th birthday in 2011.

Spokesmen for Hillary Clinton’s campaign and Bill Clinton did not respond to emailed questions about the donation.

Now let’s get this out of the way up front: the import and significance of the facts in this story were covered up…by Clinton, by her Foundation, by State, and by the news media.This story was buried in October by the Donald Trump “pussy-grabbing” video, and the news media focused the public’s attention on little else. Continue reading

Ethics Dunce: Mediaite

feldman

Mediaite is a frequent source here. The news and opinion website actively strives for balance by maintaining a stable of ideologically diverse reporters. It also received a big boost in credibility recently by finally dumping the embarrassing Tommie Christopher, whose left-wing bias was so extreme that it bordered on parody.

However, the site grossly abandoned ethics and accountability this time.

Yesterday I cited a Mediaite story about how Twitter dolts thought they saw a KKK sign in the stands during the World Series, a mistake caused by a bad hybrid of race-obsessed derangement and utter ignorance of the National pastime. What I did not know, because Mediaite was engaged in a cover-up, was that reporter Josh Feldman had filed the original post in which HE accused Cleveland fans of promoting the Klan. As you can see above, the original Mediaite story was not about Twitter morons mistaking the cards representing three strikeouts for Cleveland starter Corey Kluber, but a “scoop” by an ignorant and irresponsible reporter who made that mistake.

After Feldman was quickly schooled  on Twitter, Mediaite cleaned up the embarrassing story, removed Feldman’s byline, and turned it into a “Boy are some people stupid!” post. Feldman restricted his apology to Twitter, writing, “Apologies for the fuckup. Need to do more reading up on sportsing things.”

No, need to show some responsibility on reportsing things, Josh. Mediaite’s handling of this botch was unethical, and seriously implicates their trustworthiness. In the revamped post, a note was added saying,

UPDATE- This post has been updated to reflect the fact that it was NOT a KKK sign, it was signifying the number of strikeouts,”

Yes, and it was also updated to remove the name of the guilty reporter. Josh Feldman should been named as the one responsible, he should have apologized to Mediaite readers , not Twitter followers, for false reporting, and Mediaite had an obligation to apologize as well for its poor oversight. Instead, the site chose to cover for its reporter.Ethics Verdict: No transparency, no accountability, and an effort to deceive readers rather than admit to incompetent and careless reporting.

How can anyone trust a website that would do that?

___________________________

Pointer and Facts: Daily Caller

Presenting The First Ethics Alarms Readers’ Challenge!

loved

The Atlantic has published a jaw-dropping puff-piece on Hillary Clinton with the astounding title, “Why is Hillary Clinton so widely loved?”

I read the thing (for a thing it is), and was salivating over the chance to eviscerate it, but I’m feeling a little nauseous, and I’ve been indulging my disgust with Hillary and her apologists and minions a bit much lately. Thus I have decided to offer the task to you, dear readers. This is the first Ethics Alarms Readers’ Challenge, and the challenge is to write the most thorough, fair, well-argued and entertaining analysis. I will publish the best of the submissions in a separate post. Yes, submissions that defend the article and attempt to validate its position are welcome, and I would venture that any piece that successfully explains why it isn’t complete, intellectually and ethically indefensible crap would be a strong candidate for the prize.

Entries will be judged by the quality of their ethical analysis, the number of fallacious arguments identified, the number of rationalizations flagged, and the quality of the rebuttals, if any.

The winner will be published on the morning of November 6.

Good luck, and have fun!

 

‘It Profits A Law Firm Nothing To Give Its Soul For The Whole World … But For Hillary, Thornton?’

Once again, a memorable line from the best ethics film of them all, “A Man For All Seasons,” came rushing back to me as I observed another example of professionals abandoning their ethical principles to assist the most demonstrably corrupt Presidential candidate in U.S. history, Hillary Clinton.

Not just her, however, to be fair. The Thornton Law Firm in Boston has used an illegal and unethical maneuver to circumvent election laws and give millions of dollars to the Democratic Party and Sen. Elizabeth Warren, Sen. Harry Reid, President Obama and, of course, Hillary, among others.  The scheme was revealed by the Center for Responsive Politics and the Spotlight investigative team at the Boston Globe.

The firm has just ten partners, but is one of the nation’s biggest political donors. A whistle-blower sent firm documents showing that firm members have been making large donations to Democrats, only to be reimbursed by the firm days or even hours later with bonuses matching the amounts donated exactly.

Federal law limits partnerships–law firms are almost all partnerships—to maximum donations of $2,700 per candidate. This was what is called a “straw donor” plot. “Straw donor reimbursement systems are something both the FEC and the Department of Justice take very seriously, and people have gone to jail for this,” Center for Responsive Politics editorial director Viveca Novak told CBS. Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 3

denial

Continuing from Part 1 and 2…

9. Hillary Clinton’s presidential campaign circulated a draft letter critical of James Comey to former federal prosecutors, implicitly inviting them to comment publicly.  (This is an implied but unenforceable quid pro quo. These people are good...) Eric Holder, naturally, former US attorney general Michael Mukasey and poor, disgraced former Bush AG Alberto Gonzalez heeded the dog whistle, all disgracing themselves in the process.

Not one of them are privy to the evidence involved, and for these men to be using their positions and reputations to level charges and accusations at a high-placed law enforcement official based on speculation and partisan warfare is unethical. It is unfair, and  undermines the public trust. This is always something that former officials should avoid, as a near absolute. The Golden Rule also applies. These men know how hard these jobs are, and what they would have thought about  ex-officials criticizing them. Basic professional ethics principles discourage this.

Holder, of course, is a proven Clinton hack. Gonzalez might even make Comey look better by criticizing him, so thoroughly discredited is he. (My guess is that he’s desperately attempting to fashion a new pubic image.)

Mukasey’s comments may have been the worst of all. He took the opportunity of the current controversy to attack Comey again for his decision not to recommend that Clinton be indicted. (Meanwhile, CNN used his name in a misleading headline implying that he was criticizing Comey for his letter to Congress. It initially fooled me.) Speaking of the earlier Coney statement, he said,

“This wasn’t Comey’s call. It is not his function as director of the FBI to decide who gets charges and doesn’t. It’s his function to gather evidence. And he didn’t fulfill that function very well. But it’s certainly not his function to get up and pronounce on whether charges should be brought or whether a reasonable prosecutor would ever bring them.I don’t think he should have been this fix. I don’t think he should have put either himself or the bureau or the Justice Department in this fix.”

Wrong (1): it was Comey’s call, because Loretta Lynch told the public that Justice would accept the recommendation of the FBI regarding Clinton’s possible prosecution. Did Mukasey follow the story? I guess not.

Wrong (2): Comey’s extensive public statement in July was necessary to ensure transparency and trust after Loretta Lynch stupidly allowed Bill Clinton to appear to be brokering a deal with her. Presumably Mukasey wouldn’t have done that.

Wrong (3): So Comey did notput either himself or the bureau or the Justice Department in this fix.” Obama put them in this fix, by allowing his Secretary of State to skirt security policies. Holder put them in this fix, by operating such a blatantly partisan and political Justice Department that public trust in a fair investigation of the presumptive Democratic Party presidential candidate was impossible. Lynch put them in this fix, by not resigning.

To his credit, Mukasey did dismiss Harry Reid’s and Richard Painter’s Hatch Act nonsense with appropriate disdain, saying, “That’s baloney. I mean, you know, it’s sort of an amusing talking point for three and a half seconds, but it’s not serious.”

10. The issue is not whether Donald Trump is as corrupt and dishonest as Hilary Clinton, or even more so. In trying to shift focus to Trump to allow Clinton, as usual, to wiggle out of the well-earned consequences of her own wrongdoing by distraction, confusion, and diversion, Clinton’s corrupted allies are throwing every accusation and innuendo at Trump that they can concoct or dig up. It-Doesn’t-Matter. Trump is horrible, the bottom of the barrel, UNDER the barrel, at the bottom of a long, narrow pit under the barrel. Understood. That still doesn’t make Hillary less corrupt, less untrustworthy, and less dishonest. Nor less ruthless, cynical, manipulative, venal and totalitarian.

Continue reading

From The Double Standard Files: I Just Watched Ellen Degeneris Sexually Harass Jake Gyllenhaal On TV…Why Is That OK?

jake-gyllenhaal-ellen

That was a rhetorical question. It isn’t okay. It’s sexual harassment. It’s a double standard. And it’s wrong.

I must admit, I’m kind of ticked off about it.

Jake Gyllenhaal is a marvelous and attractive young actor, currently starring on Broadway in the revival of Sondheim’s “Sunday in the Park With George.” He’s also a favorite guest of Ellen Degeneris, America’s favorite openly gay TV talk show host. I don’t usually watch “Ellen,” but I was in a dentist’s chair getting SIX cavities filled (Remember Dudley Moore in “10”? Like that.) and that was on the telly while I was suffering.

Ellen spent easily five minutes nagging Jake to take off his shirt. Well, it’s possible it was less: time seems to pass slowly when you are watching a famous and beloved Hillary Clinton supporter engage in unethical sexual conduct that is far, far more substantive than anything Billy Bush did when he was caught on tape with Donald Trump, and there are drills, rubber devices, cotton and random finger in your mouth.

Try it some time. You’ll see. Continue reading

Unethical Quote Of The Week: White House Spokesman Josh Earnest

Donna Brazile on State of the Union with Candy Crowley

“Those of us who have known Donna a long time, know that she is a person of integrity and she is a person of high character.”

—-White House spokesman Josh Earnest, responding to a press briefing question about whether DNC chair Donna Brazile, revealed to have unethically used her CNN connection to acquire questions to be posed to Hillary Clinton in a town meeting and a televised debate, and to have passed them along to the candidate, who then pretended to answer them spontaneously.

Thus we now know what the President, his spokesman and Democrats officially regard as “integrity” and “high character.”

Cheating. Continue reading