Lobbyist Ventriloquism and the Abysmal State of Congressional Ethics

When Washington, D.C. attorney Robert Trout delivered his closing argument in the trial of former Rep. William Jefferson (now known as “Inmate CB476881”) for, among other things, accepting a large cash bribe that was later found in his office freezer, he told the jury that the prosecution was hypocritical and unfair. After all, he said, “If seeking political help was a crime, you could lock up half of metropolitan Washington, D.C.” Jefferson’s actions may have been unethical, and they were certainly a mistake, but really now: isn’t this just what all Congressmen do? Jefferson, Trout argued, just got a little bit carried away.

Jefferson was convicted, so there is some distance left for our faith in our elected representatives to fall before it hits rock bottom. The argument was still ethically disturbing in two respects. First of all, Trout’s pitch amounted to a jury nullification plea, a defense in which a jury is encouraged to ignore the law, and that is unethical lawyering.

Second, Trout may well have been right. Continue reading →

The Ethics of Bigotry, Part III:Tom Yawkey’s Red Sox Racism, and How Not to Prove It

Tom Yawkey owned the Boston Red Sox for four decades and his wife Jean owned them for one more; it is accurate to say that he was the most influential individual in the storied team’s existence. Yawkey bought the team in the mid-Thirties, after it had suffered through one of the worse stretches of awful play on record, sparked by an earlier owner’s fire sale of its best players, including Babe Ruth. Yawkey ran the Red Sox with an open checkbook and a stated objective of giving the city of Boston the best championship money could buy. Soon the once-pathetic team was fielding all-time greats like Jimmy Foxx, Joe Cronin, Lefty Grove, and a brash young phenom named Ted Williams. By the time Yawkey died in 1976, the Red Sox had one of the largest, most loyal and fanatic fan bases in sports, and the team was entrenched in New England culture. Boston remains properly grateful, and the re-naming of the street outside Fenway Park “Yawkey Way” is no perfunctory tribute. (The names of Yawkey and his wife Jean are spelled out, vertically,  in Morse Code on the famous hand-operated scoreboard on Fenway Park’s left field wall.

The Red Sox came close, but they never won that World Championship under Yawkey.  One of the primary reasons was that the Yawkey way was racist. Continue reading →

The Trouble With Sarah

A toxic mixture of elitism, class bias, sexism and the liberal slant of the media has made Sarah Palin the most unfairly treated public figure in memory. Even when the double standards were obvious–Palin  derided as “unqualified” to lead, when the Democratic presidential choice had even less relevant experience; non-stop portrayals during the 2008 campaign as a loose-cannon flake, while the Democratic vice-presidential candidate was largely ignored despite a long and hilarious career as…a loose-cannon flake; David Letterman’s long refusal to apologize for his joke about Palin’s young daughter being sexually assaulted, despite the taboo against using the young children of public figures as joke fodder—the attacks have never abated or retreated to any reasonable standard of fairness. Continue reading →

Race, Eleven Bodies, and the Media’s Disgrace

They are finding decomposed bodies in the Cleveland home of  Anthony Sowell,  eleven lat last count. Police had visited the house before the discovery and noticed the smell, but never followed up, even though they knew the owner was a violent sex offender. No ethics controversies so far: the police were obviously careless and incompetent, and Sowell was, well, a serial killer. There are no ethical serial killers.

The ethics issue that screams to me in this story, however, is all about the women: all missing for months or years, all young, from poor families, and  black. Did you see any national media stories about them when they were missing persons and not abused corpses? I didn’t. Continue reading →

Showdown at Brookstone: An Ethics Train Wreck

Thanks to the enterprising employees at Brookstone, that odd chain that sells expensive gadgets for tasks that aren’t that important anyway, Ethics Alarms now encounters what has all the signs  of a genuine Ethics Train Wreck. Ethics Train Wrecks are situations where one unethical act sets off a chain reaction of bad judgment and rash behavior, and by the time all the carnage is over, anyone who was near the event, and those who tried to make sense out of it or clean it up, end up looking bad and arguing with each other. Recent Ethics Train Wrecks include the Valerie Plame affair and the Prof. Gates arrest. President Obama won’t get involved in this one (I hope!), but it has it all: gender, religion, workplace relations, law, Fox News. Continue reading →

Ethics Alarms at Ethics Alarms: A Case Study

A journalist from a well-known sports publication called me, and wanted to get my thoughts for an article he was writing, as well as quote me in his story. I like to help journalists, and it never hurts professionally to get quoted, so I readily agreed. We set a time to talk that was convenient for both of us, later in the week. I gave him my email address, and he said he would send me his contact information before he called at the agreed upon day.

My schedule changed, and the call was going to be difficult. I needed to contact him to reschedule, since I knew he was on a deadline. But I had no contact information, because he never sent the email as he had promised. I called the publication and waited through the endless phone trees and recordings. They knew who he was, but didn’t have a phone number, and wouldn’t take a message. Finally, I tracked down his home number, and left a message.

Days passed, and he did not contact me or confirm that he had received my message (I included several alternate times for our call.) Meanwhile, I boned up on the topic, which was interesting ethically but also more extensive than my current familiarity with it. Since I hadn’t heard from him, I had to assume that he had not received my message and the appointment was still on. Though I was traveling, I arranged to be at my cell phone at the designated time, with his call to be relayed to me from my office. I waited for his call for the better part of an hour. Outside, in Times Square, in 45 degree weather.

He never called. I haven’t heard from him at all.

And I am ticked off. Continue reading →

The Price of American Principles

As everyone knows by now, Maj. Nidal M. Hasan, a 39-year-old Arlington-born Army psychiatrist, shot and killed 13 people at Fort Hood, Texas, wounding many more.  Although he originally told the Army that he was not especially religious, Hasan had become a devout Muslim in recent years. You didn’t have to be the Amazing Kreskin to predict what the combination of a Muslim soldier and a shooting spree would spark from some voices on the Right: immediate “I told you so’s” about how politically correct squeamishness prevent sensible profiling that could prevent such tragedies. Continue reading →

Would You Buy A Magazine From This Man?

NewsMax is a conservative  magazine that is really as doctrinaire and ideological as critics accuse Fox News of being. (Compared to NewsMax, Fox is the Daily Kos.) It also has strange ideas about whom we should admire. I just heard a radio ad for NewsMax that trumpeted, “Dick Morris says it’s his favorite magazine!”

This endorsement is supposed to make me, or anyone who values basic ethical values (including, presumably, many of those core conservative values NewsMax is always invoking), run out and subscribe?  Knowing what I know about Dick Morris, I would have sworn his favorite magazine would be “Con Man Today,”  “Back-stabber’s Weekly,” or ” Hustler.” Continue reading →

Reporters, Spouses, Conflicts, and Dissonance

The Washington Post’s ombudsman, Andrew Alexander, recently wrote a column discussing the seeming conflict of interest created for a Post reporter because of who she married.

Juliet Eilperin covers climate change for the paper. Her husband, Andrew Light, is an expert on the same topic, and coordinates international climate policy at the Center for American Progress, a liberal think tank. Alexander says that while Eilperin often gets quotes from her husband’s organization, he is never involved, and that the Eilperin-Lights maintain a strict separation of their careers. None of which answers the question: can she be an objective reporter on her Post beat, which happens to be in the same field where her husband makes his living?

The Post ethics rules, Alexander duly points out, say the Post is “pledged to avoid conflict of interest or the appearance of conflict of interest, wherever and whenever possible.” Obviously, there is an appearance of a conflict of interest here. Perhaps Eilperin would be vigorously critical of a policy pronouncement coordinated by her husband, or maybe she would consciously or unconsciously allow her affection and commitment to her husband color her reporting. We don’t know, and she may not even know. One might think that we would know she was unbiased if she filed stories that put her husband, his views or his employers in a bad light, but even that isn’t certain. It might mean she was over-compensating for bias. It might mean that her views on climate change policy had soured because Andrew was in the dog house, or that she had come to resent his work for the Center, because it took time away from the family. Either way, the fact that Eilperin’s husband is linked to the climate change issue and particular views on that issue must exercise a powerful influence over her judgment.

The principle in force at work here is cognitive dissonance, often referred to in the media but seldom correctly. A psychologist named Leon Festinger devised a scale—-vertical, with zero in the center, extending upwards from +1 to +100, and downwards from -1 to -100. The Cognitive Dissonance Scale is used to measured how positive and negative attitudes toward people and things subconsciously influenced attitudes toward other people and things that they had connections to and associations with, through the involuntary reduction of cognitive dissonance. For example, you dislike an author and his books. You love a particular political cause. You discover that the author is a vocal supporter of that cause. This creates cognitive dissonance that your mind must resolve; you cannot continue to hold such a low opinion of the author and such a high opinion of his cause. You will change the values to bring them more into line with each other; you will reduce the dissonance.

If you love the cause more than you detest the author (using Festinger’s scale, imagine that the author is a  minus 6, and the cause is a plus 16), the cognitive dissonance will be resolved by your gradually feeling more positively toward the author, and conceivably, less positively toward the cause, so they eventually they meet or almost meet around plus 10. Suddenly, you have more interest in the author’s books. Your attitude has been adjusted. You may also be more open-minded when listening to adversaries of the cause you once blindly supported, because its value is lower, even though you didn’t consciously change your opinion. Cognitive dissonance and the process whereby it silently adjusts and manipulates attitudes explains much of advertising, political affiliations, biases, and how powerful, popular leaders, celebrities and institutions  influence public culture for good or ill. It also explains why close relationships can create conflicts of interest.

There are many movies about lawyers in which, for dramatic or comic effect, a trial pits an attorney-husband against his attorney-wife (“Adam’s Rib”) or an attorney-parent against an attorney-son or daughter (“Class Action”). But in real life, these adversary situations usually require informed consent by the clients, because they raise suspicions. Would a husband really go all out to make the woman he was married to look like a fool in court? In the movies, there is usually a manufactured competition between the related lawyers, but the appearance of conflict still remains. Depending on the situation, one attorney-spouse’s relationship to the other could create such a likely conflict that even client consent wouldn’t justify continuing the adversary representation. Suppose, for example, that the attorney-wife knew that her husband’s job at the firm depended on him winning. She has a stake in him winning the case now. How can she give all her loyalty to her client, who is paying  her to defeat her husband?

She can’t. And though ombudsman Andrews ties himself in knots to argue that Eilperin is in a different position, she isn’t. She has a stake in her husband’s success, which is on only one side of the climate debate.  She also has a stake in keeping his love, respect and trust. Can we trust her to be completely unbiased? Presumably, if he isn’t in her dog house, Andrew Light is very high on Juliet Eilperin’s dissonance scale. If she is to be properly objective as a reporter, his positions and those of his employer should be right at the middle of the scale—zero, neutral. But that will create dissonance. That position will eventually, inevitably carry a positive value, because she associates it with her husband.

Her marriage creates, therefore, at least an appearance of bias, and probably actual bias. There is nobody to consent to the conflict, because the equivalent of the lawyer’s client for a reporter isn’t the paper she works for, but the public itself. Short of the Post holding a public referendum, the public can’t  consent or refuse to consent. Nor should they have to. Surely Eilperin can report on another topic. Surely the Post has other qualified reporters who aren’t married to warriors in the climate change wars.

Alexander closes his article by giving Eilperin the benefit of the doubt: “It’s a close call, but I think she should stay on the beat. With her work now getting special scrutiny, it will become clear if the conflict is real.” Wait a minute…what about that “appearance” phrase in the Post’s own Code? Real or apparent conflicts are prohibited; the whole point is not to wait to see “if the conflict is real,” meaning, I suppose, that Eilperin starts obviously slanting her climate change reporting. Some observers think she’s doing this already, and that’s the point. Because of who she married, we can’t trust that she will successfully battle cognitive dissonance and give objective analysis.

If the Post cares about its integrity and avoiding the appearance of conflicts of interest, they need a new climate change reporter, and Juliet Eilperin needs a new beat.

,

Unethical Blog Post of the Day

Darren Rovell writes a sports business blog for CNBC, and maybe he was under a deadline, but it’s no excuse. In his blog today, Rovell writes an essay entitled, “Marathon’s Headline Win Is Empty.” His theme: everyone was excited that, for once, an American runner won the New York Marathon. But Rovell throws cold water on that bit of misguided national pride…

“Unfortunately, it’s not as good as it sounds. Meb Keflezighi, who won yesterday in New York, is technically American by virtue of him becoming a citizen in 1998, but the fact that he’s not American-born takes away from the magnitude of the achievement the headline implies.”

It constantly amazes me that after over 200 years proving beyond a shadow of a doubt that an American whose parents came over on the Mayflower is no more American than one who became a citizen yesterday, some people still fail to respect the wonder of this nation, a community of immigrants and the  descendants of immigrants, bound together by ideals and aspirations, not national origin.  Keflezighi has been a U.S. for eleven years, but he’s still not American enough for Rovell.

If anything, the fact that Keflezighi is a naturalized citizen—like Einstein, like Arnold Schwarzenegger, like Charles Steinmetz and Cary Grant, like Samuel Gompers and Madeleine Albright, like Bob Hope and Ayn Rand—gives us more reason to be proud of America, and that our system works, making us stronger, smarter, and faster because we can attract the best and boldest from around the globe.

It’s just a business sports blog,  and I suspect Rovell will soon be getting beaten up in media venues with a lot more visibility than this one. And I suspect, or hope,  that he didn’t think through what he wrote very carefully, and will soon be issuing a “I didn’t mean to offend anyone” apology. Still,  the attitude that his words convey, even if he didn’t intend it, is at the heart of the racism, bigotry, and xenophobia that still warps our political discourse and divides our communities.  The core ethical value being neglected here is respect: respect for fellow citizens, respect for the immigrants who have the determination to become Americans, and respect for what being an American means.

Meb Keflezighi is as American as I am, or Darren Rovell. It was sure great to have an American finally win the New York Marathon.

[Hat tip to James Taranto]