Ethics Quote of the Week: The Washington Post Editorial Board

“…Why is Mr. Obama not leading the way to a solution? From the start, and increasingly in his second term, Mr. Obama has presented entitlement reform as something he would do grudgingly, as a favor to the opposition, when he should be explaining to the American people — and to his party — why it is an urgent national need.”

—–The Washington Post’s editors, in a spot-on editorial splitting the blame for what it correctly calls the “stupid” sequester fight equally between Congressional Republicans and the President, but pointing out the President Obama, because he is President, will be accountable for his failure to lead on the issue.

No way to run a country.

No way to run a country.

Good for the Post. I began a draft of a very similar article, and abandoned it because I have expressed my harsh assessment of President Obama’s leadership style and skills too many times here to be regarded as objective on the topic. There is nothing in the editorial I disagree with. This President’s concept of leadership has been to order the opposition to do what he wants, orchestrate deceitful  PR battles about the horrible consequences that will occur if his edict was not followed, and then to seek partisan advantage by casting all blame on his opponents when his preferred approach was rejected. His acolytes and enablers in the media have allowed him to continue this pattern: to its credit, the Washington Post has been a notable exception, particularly regarding Libya, Syria, and Iran, but also previous budget battles.

President Obama’s handling of the sequester might be his worst leadership botch yet. First he proposed the sequester. He made no effort to make resolving the issue a priority prior to the election, but falsely claimed in the third debate with Mitt Romney that it was not his idea, and that he did not propose it. Continue reading

Picking Through The Wreckage of An Ethics Tesla Wreck

The wreck participants. Not pictured: the Tesla.

The wreck participants. Not pictured: the Tesla.

There was questionable ethical conduct galore in the recently-stilled ethics wreck sparked by a New York Times review of the new Tesla electric car, the Model S. Times reporter John Broder test drove the car from Washington, D.C., to Boston, using the  charging stations Tesla has opened along the way.  Broder’s Tesla ran out of juice, and the article concluded with a sad photo of the highly-anticipated Model S  on a tow truck. In short, it was not a positive review.

In response to the review, Tesla’s CEO Elon Musk called it a “fake” on Twitter, then wrote a rebuttal using the data logs of the vehicle Broder tested. Broder wrote a rebuttal to the rebuttal, and eventually the Times “public editor” (others would call her its ombudsman), Margaret Sullivan, was drawn into the battle, performing an investigation and concluding that…

“…I am convinced that [Broder]  took on the test drive in good faith, and told the story as he experienced it. Did he use good judgment along the way? Not especially. In particular, decisions he made at a crucial juncture – when he recharged the Model S in Norwich, Conn., a stop forced by the unexpected loss of charge overnight – were certainly instrumental in this saga’s high-drama ending. In addition, Mr. Broder left himself open to valid criticism by taking what seem to be casual and imprecise notes along the journey, unaware that his every move was being monitored. A little red notebook in the front seat is no match for digitally recorded driving logs, which Mr. Musk has used, in the most damaging (and sometimes quite misleading) ways possible, as he defended his vehicle’s reputation…People will go on contesting these points – and insisting that they know what they prove — and that’s understandable. In the matter of the Tesla Model S and its now infamous test drive, there is still plenty to argue about and few conclusions that are unassailable.”

Perhaps realizing that his vigorous defense of his car had triggered the Streisand Effect, Musk took to Twitter again, this time saying that the ombudsmadam’s article was “thoughtful” and that his faith in the Times was hereby restored. This put a nicely disingenuous spin on the whole episode.

Here is the final ethics tally: Continue reading

Ethics Dunces: Everybody Connected With This Ridiculous Story

 

"Just remove that offensive bumper sticker, sir, and they'll be no trouble."

“Just remove that offensive bumper sticker, sir, and they’ll be no trouble.”

USA Today, NBC, Yahoo! and other news outlets are snickering as they report the story of an elderly couple pulled over by two police cars in Tennessee because a Buckeye leaf decal on their car, signifying their fealty to the Ohio State football team, was mistaken for a marijuana leaf by the men in blue. “What are you doing with a marijuana sticker on your bumper?” one of the cops asked the Jonas-Boggionis, the occupants of the vehicle. It was all a big misunderstanding! Boy, are those Tennessee cops dumb, not to be able to tell a Buckeye leaf from pot!

In classic “what’s wrong with this story?” fashion, not one of the news media reports, in their hilarity over the cops stopping the couple out of official botanical and sports ignorance, noted  that the police would have been just as wrong if the decal DID portray a marijuana leaf. It’s called the First Amendment, guys—perhaps you’ve heard of it? It’s the same Constitutional amendment that allows you media reporters to do the rotten, incompetent job you do covering the news without  being declared by law to be the menace to a free and informed society you are. You know, it might be helpful, when the police engage in a blatant First Amendment violation and abuse of state power, for reporters to recognize and explain it to the public as such, rather than make the news story about how the police stopped the Jonas-Boggionis for the “wrong reason.” Even if they had stopped it for what the stories say is the right reason, it would be the wrong reason. Continue reading

The Red Caboose On The Penn State Ethics Train Wreck Arrives: The Paterno Family’s Report

1-train-wreck-kari-tirrell

To understand what the Joe Paterno’s family’s report (released on Feb. 10) regarding the late Penn State football coach’s culpability in the Jerry Sandusky child abuse cover-up means, one has to understand what lawyers do, and why it is completely ethical for them to do so, as long as their role isn’t misrepresented by them or their clients.

Lawyers exist to allow non-lawyers to have access to a legal system that is (needlessly) complicated and technical, and to provide their legal training, analytical skills and advocacy abilities to their clients’ legal and legitimate needs and objectives. A lawyer who interposes his or her own opinions, judgments and desires on the client without being asked to do so is, in most cases, behaving unprofessionally and unethically. This is an essential principle to grasp, and yet the vast majority of the public do not grasp it. Nonetheless, without the partisanship a lawyer brings to the attorney-client relationship, regardless of whether a client is rich or poor, altruistic or venal, kind or cruel, we would all be slaves to the laws we supposedly create ourselves, through the machinery of a republic.

An independent investigation of the Penn State administration’s failure to stop serial child molester Jerry Sandusky from harming young children found that iconic football coach Joe Paterno was at the center of the school’s misconduct and the catalyst for it. The investigation was performed by Louis Freeh, a lawyer, a former prosecutor, a former federal judge, and once the head of the F.B.I.  His charge was to find out what happened and who was at fault—not to nail Paterno or anyone else.  It was an independent investigation, with no dictated result. Don Van Natta, a sportswriter whom I supposed should not be expected to understand such distinctions, writes,

“If the Freeh report was a prosecutor’s relentless opening statement that delivered devastating, far-reaching consequences, the Paternos’ rebuttal is a defense attorney’s closing argument brimming with outrage and fury.”

Wrong, wrong, wrong. The Freeh report was not a work of advocacy in an adversarial setting, but akin to a judge’s objective decision after reviewing the relevant and available facts. The Paterno family report, in contrast, is a work of advocacy, like a brief arguing an appeal to overturn a judicial decision against a lawyer’s client. The charge given to Freeh in his investigation was to find out what went wrong and why. (It began with the assumption that something did go wrong, which was reasonable, since a child predator had somehow managed to roam the Penn State campus for decades, including a ten-year period after he had been seen sexually assaulting a child in a Penn State shower.) Freeh was not told to get Penn State off the hook, or to pin as much as possible on Joe Paterno. The authors of the Paterno family report, however, were charged with the task of rebutting and discrediting Freeh’s report in order to rescue Joe Paterno’s reputation and legacy. It is an advocacy memorandum, like the torture memos and the recent Justice Department justification of the killer drone program. Continue reading

Comment of the Day: “The ‘So What?’ Follies”

My brilliant friend, lawyer/writer/actor/singer/dancer Loarraine McGee, scores with a  Comment of the Day that it probably takes a Broadway musicals buff, Stephen Sondheim worshiper, Mandy Patinkin lover or “Glee” fan to fully appreciate, a lyrical comment to the melody of Sondheim’s “Buddy’s Blues” from the second act of his great, troubling 1971 musical “Follies.”  Here is the song (Bronson Pinchot is no Mandy, but he’s OK), and then Lorraine’s Comment of the Day, to the today’s post “The “So What?’ Follies,” follows.

“Did you sayFollies”????”

I’ve got those

“Gotta keep the numbers up-Find something!-I can make it Neeeews” Blues!

That

“Long as there are photos I can make it seem important” feeling!

That

“If you’re slightly famous all you do is enough,
As long as there’s a talking head involved it’s good stuff,”
And “Bring the camera closer, gotta make the public buy this!” feeeeeeling!

Those

“Everything is ad sales so I gotta make the nonsense neeeews!” blues!

The “So What?” Follies

So what?

So what?

Reluctant to report actual news, in many cases, that makes their favorite politicians and elected leaders look bad, or perhaps as they really are, our sad, inept and juvenile news media attempts to balance its lack of diligence by promoting other stories as brewing scandals that have no legitimacy whatsoever, and are similarly fueled by bias. Two particularly offensive examples: Continue reading

Jonah Lehrer Shows Us A Level One Apology: Remorse, Regret, Contrition. Sincerity? Who Knows…

The-Remorse-Of-OrestesWhen we last looked in on writer Jonah Lehrer last summer, he had detonated his career and credibility with a series of incidents of serious professional misconduct that led to his ignominious firing from The New Yorker, where he once was regarded as a rising star. First he was caught plagiarizing himself, recycling a previously published work as an original  essay for the magazine. That led to an investigation showing that this was not the first time he had taken such an unethical short-cut. Finally, it was discovered that he had fabricated Bob Dylan quotes in his best-selling book about, ironically enough, creativity. When confronted about this, Lehrer lied. Soon he was out of a job and condemned to the limbo reserved for writers who deceive their readers: Jason Blair, Stephen Glass, James Frey, Janet Cooke, and others. It is not a pleasant or profitable place to be.

Lehrer was recently invited to speak to a gathering at the Knight Foundation, and chose the forum to deliver an apology for his conduct. It would be difficult, I think, to deliver a better one. On the Ethics Alarms Apology Scale, the most ethical apology, at the top of the scale, is this one:

1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.

That is exactly what Lehrer delivered to the Knight Foundation, and through his blog, the rest of us. He said…

“..I am the author of a book on creativity that contained several fabricated Bob Dylan quotes. I committed plagiarism on my blog, taking, without credit or citation, an entire paragraph from the blog of Christian Jarrett. I also plagiarized from myself. I lied to a journalist named Michael Moynihan to cover up the Dylan fabrications.

“My mistakes have caused deep pain to those I care about. I am constantly remembering all those people I’ve hurt and let down – friends, family, colleagues. My wife, my parents, my editors. I think about all the readers I’ve disappointed, people who paid good money for my book and now don’t want it on their shelves.I have broken their trust. For that, I am profoundly sorry. It is my hope that, someday, my transgressions might be forgiven.

“I could stop here. But I am convinced that unless I talk openly about what I’ve learned so far – unless I hold myself accountable in public – then the lessons will not last. I will lose the only consolation of my failure, which is the promise that I will not fail like this again. That I might, one day, find a way to fail better.

“The lessons have arrived in phases. The first phase involved a literal reconstruction of my mistakes. I wanted to have an accounting, in my head, of how I fabricated those Dylan quotes. I wanted to understand the mechanics of every lapse, to relive all those errors that led to my disgrace. I wanted to understand so that I could explain it to people, so that I could explain it in a talk like this. So that I could say that I found the broken part and that part has a name. My arrogance. My desire for attention. My willingness to take shortcuts, provided I don’t think anyone else will notice. My carelessness, matched with an ability to excuse my carelessness away. My tendency to believe my own excuses.

“But then, once I came up with this list of flaws, and once I began to understand how these flaws led to each of my mistakes, I realized that all of my explanations changed nothing. They cannot undo what I’ve done, not even a little. A confession is not a solution. It does not restore trust. Not the trust of others and not the trust of myself. What’s more, I came to see that my explanations were distracting me from the more important reality I need to deal with.

“Because my flaws – these flaws that led to my failure – they are a basic part of me. They are as fundamental to my self as those other parts I’m not ashamed of. This is the phase that comes next, the phase I’m in now. It is the slow realization that all the apologies and regrets are just the beginning. That my harshest words will not fix me, that I cannot quickly become the person I need to be. It is finally understanding how hard it is to change.

“Character, Joan Didion wrote, is the willingness to accept responsibility for one’s own life. For too long, I did not accept responsibility. And by not accepting responsibility – by pretending that all of my errors were accidents, that my carelessness was not a choice – I kept myself from getting better. I postponed the reckoning that was needed.

“There is no secret to good decision-making. There is only the obvious truth: We either confront our mistakes and gain a little wisdom, or we don’t and remain a fool.”

You can read the whole speech here. Continue reading

Ethics Quiz: Which Reporter Would You Fire?

If this box of hammers can do their jobs as well as they can, should they really be journalists?

If this box of hammers can do their jobs as well as they can, should they really be journalists?

Stipulated:

  • The U.S. media establishment is in horrendous shape.
  • Its news coverage is untrustworthy, because so many of its members are untrustworthy.
  • The field of journalism is polluted with shallow, self-righteous, biased, narrow-minded hacks, and whatever genuine insight, ethics and talent the profession contains is usually overwhelmed by mediocrity.
  • Any hope of addressing the current grim state of the news media must begin with ejecting prominent reporters and journalists who have proven beyond a reasonable doubt the lack of temperament, standards, skills or values to practice responsible journalism.

With this as background, behold today’s Ethics Quiz, which is…

Which journalist, CBS News reporter Major Garrett, Washington Post reporter Suzi Parker, both, or neither, deserves to be asked to seek a career elsewhere? Continue reading

Unethical Trio: An Ambush, An Incompetent Diagnosis, and Partisan Journalist Hackery

Doctors and Kurtz

There were three notable unethical performances last week from professionals who should know better:

I. Dr. Benjamin Carson, neurosurgeon. Carson was invited to give the keynote speech at the National Prayer Breakfast (don’t get me started about why there even is a National Prayer Breakfast, and why the President should feel obligated to attend it) last week and turned what is traditionally understood to be a non-partisan, non-political speech into a direct attack, without explicitly designating it as such, on President Obama’s policies. Yes, it was a well-written, well-reasoned and well-delivered speech, but it was an ambush. Many conservatives were pleased to have President Obama  subjected to an articulate complaint that “spoke truth to power,” yet the objectives and specific content of the speech doesn’t matter: that wasn’t what Carson was invited to do, and it wasn’t what he should have done. Dr. Carson has subsequently justified his actions in self-congratulatory terms as an act of courage, but in reality it was an instance of a citizen seizing an opportunity to grab national attention and a prominent soapbox that weren’t his to grab. His actions made the President of the United States a captive audience to his amateur analysis of national affairs. It was disrespectful, and because it was given under false pretenses, dishonest. Continue reading

Drone Ethics: The Policy and the Memo

Hey, Fox News! INCOMING!!!

Hey, Fox News! INCOMING!!!

With the leak of the Obama Administration’s Justice Department memo laying out  alleged legal and Constitutional justification for targeted drone killings abroad, the ethical debate over this practice finally began in earnest. Back in October of 2011, I visited this topic in a post titled, “The Ethically Messy, Legally Muddled, Drone Killing of Anwar al-Awlaki,” who was an American citizen and also an al-Qaida leader and terrorist, and wrote…

“I am far less confident of a conclusion that the killing was legal than I am that the killing was ethical in a situation where traditional rules and considerations don’t fit the situation well, meaning that decision-makers must go outside the rules to find the right, meaning ethical, course of action.  And I’m even not 100% confident of that.”

This still accurately encompasses my view, although my confidence in the position has declined materially, in part because of the memo. However, my position in 2011 was based on the assumption, using the Bush Administration’s position, that the United States was engaged in a de facto war with al-Qaida, and as a tool of war, killer drones  are within ethical bounds by my analysis. The leaked memo, however, begins with the assumption that the drone strikes are not part of ongoing declared warfare, but rather a new variety of cross-border lethal intervention that has no legitimate statutory basis. I think that under those assumptions, targeting drone killings are illegal, unethical, and to the extent that they give the President of the United States the power to kill someone in any nation based on his assessment that person needs killing, ominous.

I’ll leave the legal analysis of the memo to others. For now, other than pointing readers to my earlier analysis of drone killings in the context of warfare, I just have some observations: Continue reading