Law & Law Enforcement

Weekend Ethics Alarms Challenge: What’s The Best Headline For This Story?

/ Jack Marshall / 50 Comments

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[The winning headline will be added to the post, and an appropriate graphic will replace “the turning table.”]

April Ryan, a reporter for American Urban Radio Networks,  accused White House aide Omarosa Manigault of telling her, during a tense exchange at the White House last week,
that Ryan  she was among a group of reporters on whom the White House is keeping dossiers with negative information. Ryan claimed that she was  “physically intimidated” by Manigault, and described Manigault’s behavior as threatening enough to be “Secret Serviceable,” implying  that it warranted intervention by law enforcement officers. The accusation was widely circulated on the web as an example of the President’s “Nazi” conduct toward the news media.

Manigault denied Ryan’s accusations, and called them “fake news.” Ah, but now we learn that a White House media employee recorded the encounter, and the recording backs up Omarosa.

Ryan, amusingly, is outraged and claiming to be a victim of a surreptitious  recording  she never consented to. “This is about her trying to smear my name. This is freaking Nixonian.” April says she may sue… for slander?

Here is one more example of how smug and self-righteous journalists are also often as ignorant as a pile of dog collars. Making such a recording is legal under D.C. law, which has a “one-party consent” law that recordings  if one person in the conversation consents. As for a slander suit, how would that work? The tape would be evidence that April Ryan slandered Manigault, not the other way around.

Ryan claims that the tape must have been altered. Sure she does. The Washington Post and other sources report that other journalists on the scene do not back Ryan’s account of the argument between the two women, and nobody heard anything about “dossiers.”

Manigault told reporters that White House media staff regularly record interviews between reporters and officials. “We do it all the time,” she said. “When you come into [the press staff’s offices], you’re on the record.”

When you know that the entire mainstream news media is out to get you, and that there are reporters like Ryan, taping everything makes perfect sense.

Nah, the news media isn’t “the opposition party.” Nah, it’s not biased–whatever would give you that idea?

(Kudos to the Washington Post for reporting this media bias smoking gun, incidentally.)

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Pointer: Powerline

Source: Washington Post

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at  jamproethics@verizon.net.

From The “You Keep Using That Word…I Do Not Think It Means What You Think It Means” Files: A Cheap Shot From The Heroes

/ Jack Marshall / 5 Comments

Many conservatives are cheering this open letter from 14 Medal of Honor recipients to Sen. Richard Blumenthal (D-Conn.):

Dear Sen. Richard Blumenthal,

You recently called upon your Senate colleagues to subject Judge Neil Gorsuch’s record to “extreme vetting,” questioning both his qualification and biography. The Senate certainly has the right and obligation to closely review any nominee for the United States Supreme Court. Conversely, it is our right as Americans and veterans to scrutinize your hypocrisy in doing so.

We are veterans of the Vietnam War. We fought alongside our brothers in arms, many of whom died or were gravely injured there. We saw the treatment meted out on us and our fellow military personnel upon our return, yet we never questioned our commitment to our nation’s freedom. But perhaps more relevant to this discussion is that we know you were not there with us.

The fact you repeatedly and consistently claimed to have served in Vietnam is a gross case of stolen valor in our opinion. You obtained at least five military deferments between 1965 and 1970, at least two of which were seemingly political favors to you so that you could avoid joining us in a war zone. Here are just a few examples where it appears that you have chosen to buttress your political resume by shamefully inflating your record of military service:

In 2003, you apparently stated, “When we returned [from Vietnam], we saw nothing like this [a public outpouring of support for deployed military personnel].”

In 2008, the New York Times reported you said, “We have learned something important since the days I served in Vietnam …”

At a Vietnam War memorial in 2008, it is reported you stated, “I served during the Vietnam era … I remember the taunts, the insults, sometimes even the physical abuse.”

We recognize that military service of any kind is valuable to the protection of our nation’s freedom. There is no shame in engaging in “Toys for Tots” campaigns, recycling efforts, or assisting in the improvement or construction of various facilities, which appears to be a fair description of the bulk of your duties during the Vietnam War.

What is offensive to those who fought in a most brutal conflict, some of us who were captured and tortured by our enemy, is any comparison of those most brutal experiences to the ones of people like you who never even sniffed the air in Vietnam.

The letter’s description of the Senator’s lies before being elected a U.S. Senator is accurate. The fact that he did not withdraw from consideration when those lies were exposed, that the Democratic Party allowed him to stand for election anyway, and worst of all, that Connecticut voters debased their state and the U.S. Senate by electing him demonstrated the creeping progressive ethics rot among liberals that has only worsened since.

However, Blumenthal was not engaging in hypocrisy by calling for extreme the judge’s vetting. It would have been hypocrisy if he proclaimed that no public official who has inflated his biography or faked credentials is worthy of public office. That’s not what he said, however. Indeed, if there is anyone qualified to testify to the importance of vetting the qualifications of apparently qualified nominees, it’s Sen. Blumenthal.

No, the letter is an ad hominem attack, and the ethics breach has been committed by its signatories. If they have an objection to his call for “extreme vetting, ” they should rebut it on the merits. Instead, they attacked the individual rather than his argument. That is the essence of ad hominem. Their attack was “to the man” rather than to his position.

The two terms for unethical conduct most often used inaccurately to sustain accusations are, ironically, hypocrisy and ad hominem attacks. You don’t often see both misused in the same matter, though.

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Pointer: Washington Examiner

Now THIS Is An Unethical IRS Employee…Howard Stern Too, But We Knew HE Was Unethical

/ Jack Marshall / 13 Comments

[There is supposed to be a photo of Howard Stern here, but WordPress keeps refusing to embed it, thus showing the software’s admirable good taste.]

In May of 2015, Judith Barrigas of Sandwich, Massachusetts called the IRS service center  with a question about her tax refund. She reached IRS agent Jimmy Forsythe, who was goofing off on the job, on hold after a call to Howard Stern’s radio show on satellite radio. Forsythe, still on hold (or so he thought) took the taxpayer’s call, and when the Stern show took reconnected, Stern’s listeners somehow heard Forsythe’s conversation with Barrigas.  Stern and paid sycophant Robin Quivers then joked about the call, which concerned Barrigas’s payment plan: the IRS had applied Barrigas’s tax refund to pay her outstanding debts from 2011 and 2012, even though she complained she already had a repayment plan set up with the  IRS. Her call, which she assumed was private, should have assumed was private and was guranteed by federal law to BE private, was on the airwaves for nearly an hour.

“I’m learning so much,” said Stern at the time, before he finally cut off the surreptitious eavesdropping. “I feel like I’m in math class and I’m flunking because I don’t know one thing he’s saying. I think I’m going to bail on this guy. By the way, this is the most boring job ever. I’d rather live in my parent’s basement if I had to do that. I’d give out all the wrong information. All right, dude, later!”

Barrigas  has just sued  the IRS, the Howard Stern Production Company, and Stern individually for violations of the Federal Tort Claims Act,  unlawful disclosure of tax returns and personal information, and just the for the Stern side,  negligence, invasion of privacy, and the intentional infliction of emotional distress.

Ethics Observations: Continue reading →

Conservatives Flunk An Integrity Test: The Puzder Withdrawal

/ Jack Marshall / 31 Comments

Amazing. I am reading conservative bloggers and columnists blaming Andrew Puzder’s withdrawal as the Labor Secretary nominee on an outrageous Democratic Party hit job. This is the mirror image of Democrats and their news media describing every move by the President as a threat to the solar system. Why would anyone believe these conservatives when their charges are reasonable and  justified, if they call something like this an outrage?

Puzder was one of President Trump’s worst and most indefensible nominations, running in a dead heat with Ben Carson at HUD (unqualified, and an apparent idiot); and Rick Perry at Energy (appointing someone who wants to get rid of the agency he will be heading when he couldn’t even remember the name of the agency on live TV). His nomination is also the most glaring example yet of incompetent and lazy vetting, as well as insensitivity to obvious problems, and why the President desperately needs a pro, and adult, and a competent manager as Chief of Staff.

No, Puzder wasn’t forced to withdraw “just” because of his employment of an undocumented immigrant as his housekeeper. To be clear, however, that alone would have been sufficient to disqualify him to serve in this administration, which has made enforcement of immigration laws a centerpiece of its philosophy. Continue reading →

The Flynn Fiasco: Flynn Doesn’t Understand That Ethics Thingee, And That’s Reason to Fire Him All By Itself

/ Jack Marshall / 19 Comments

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From The Daily Caller:

In the final hours before his resignation, now-former White House National Security Adviser Michael T. Flynn said he “crossed no lines” in his discussion with Russia’s ambassador, but ultimately he was most concerned about the steady stream of leaks to reporters based on classified information.

“In some of these cases, you’re talking about stuff that’s taken off of a classified system and given to a reporter. That’s a crime,” Flynn told The Daily Caller News Foundation Investigative Group during a telephone interview from his White House office on Monday.

“You call them leaks. It’s a criminal act. This is a crime. It’s not just a wink and a nod,” Flynn said.

Signature significance: any time an official under fire claims that he”crossed no lines,” he or she is asserting The Compliance Dodge, Rationalization #6 on the list:

5. The Compliance Dodge.

Simply put, compliance with rules, including laws, isn’t the same as ethics. Compliance depends on an individual’s desire to avoid punishment. Ethical conduct arises from an individual’s genuine desire to do the right thing. The most unethical person in the world will comply if the punishment is stiff enough. But if he can do something unethical without breaking the rules, watch out!

No set of rules will apply in all situations, and one who is determined to look for loopholes in a set of laws, or rules, or in an ethics code, so that he or she can do something self-serving, dishonest, or dastardly, is likely to find a way…

In an earlier version of #6, this was called the Al Gore Dodge, in honor of then Vice-President Gore, who had been caught engaging in some of the slimy Clinton administration fundraising machinations, and  justified his conduct by arguing that “no controlling legal authority” prohibited what he did, which was to raise campaign funds  from his office in the White House. Flynn lied to the  current Vice-President and attempted to cover-up his conversation with the Russian ambassador. The FBI was spying on him at the time, which raises other issues. But even if the FBI’s surveillance was a part of a rogue operation by Sally Yates to take over the government and make Barack Obama King, it doesn’t change what Flynn did, or make his conduct any more acceptable. Continue reading →

Ethics Lesson: Judges Can’t Campaign Like Other Candidates

/ Jack Marshall / 18 Comments

false-campaign-ad

The Supreme Court of Appeals of West Virginia suspended Judge Stephen Callaghan for two years and fined him $15,000 for a campaign flyer that it deemed dishonest. The court said that the flier  depicted the incumbent judge, Gary Johnson, as “partying” with President Obama. Johnson had visited the White House for a federally required conference on fighting child trafficking, but  he didn’t see Obama there, there was no party, and no function involving alcohol. The flier was mailed out five days before the May 2016 election, which Callaghan won.  Callaghan won the election by 220 votes.

The flier was “in every sense, materially false” according to the decision. You can see it above. Photos of Obama and Johnson are shown next to each other. Obama is shown holding a beer and streamers are in the background. The caption reads, “Barack Obama & Gary Johnson Party at the White House.” The opposite side of the flier read,

“While Nicholas County lost hundreds of jobs to Barack Obama’s coal policies, Judge Gary Johnson accepted an invitation from Obama to come to the White House to support Obama’s legislative agenda. That same month, news outlets reported a 76% drop in coal mining employment. Can we trust Judge Gary Johnson to defend Nicholas County against job-killer Barack Obama?”

After Johnson objected to the flier ( and probably threatened to sic the Judicial Ethics Panel on him), Callaghan removed the flier from his Facebook pages and ran radio ads saying the flier’s “specific characterization of the White House visit may be inaccurate and misleading,” and “candidate Callaghan apologizes for any misunderstanding or inaccuracies.” Continue reading →

Ethics Quiz: Italy’s New Strategy To Fight The Mafia

/ Jack Marshall / 34 Comments

corleone-family

Anyone who has seen “The Godfather” I or II has a sense of the mafia culture in Italy. That wasn’t fiction; indeed, it was probably understated, and is strong as ever. Now legislators are experimenting with a radical new approach to fighting organized crime in the country, a deep-rooted pathology that has persisted for centuries.The strategy is draconian: separating children from their mob families and moving them to a different part of Italy to end a generational cycle of crime. Families are the heart of organized crime: the “Godfather” films’ portrayal was absolutely accurate on that score.

Italian magistrate Roberto Di Bella began taking children away from their criminal families after seeing children as young as 11 or 12 serving as lookouts during murders, participating in drug deals and mob strategy sessions, and learning how to shoot an assault rifle. “Sons follow their fathers,” he told New York Times reporter Gaia Piani Giani. “The state can’t allow that children are educated to be criminals.”

Di Bella began taking children away from parents convicted of mob ties five years ago,  separating about 40 boys and girls, ages 12 to 16, from their families. Sometimes the children’s mothers accompany them to the new locales. The rest of the embryonic mafiosi  go into foster care.Di Bella says that none of the children he has taken away from their families have committed a crime since, and impressed with his results,  Italy recently passed statutes that legalize the strategy as a way to destroy crime families.

Of course the program is controversial.  Di Bella, however, believes that it is a utilitarian necessity. He told the Times that mafia fathers have written to him to thank him for for giving their children a chance at a normal life, their children have told him they feel liberated, and mothers ask if he will do it for their children.

Your Ethics Alarms Italian Ethics Quiz of the Day:

Is the policy of removing children from organized crime families ethical?

Continue reading →

TV Critic Neil Genzlinger’s Absurd Quote, Samantha Bee, And The 9th Circuit’s Travel Halt Decision]

/ Jack Marshall / 37 Comments

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First, a quote…

“There is a lot of bravado in this series about how comics are society’s truth-tellers. As Keegan-Michael Key puts it: “The comic has become the person who pulls back the curtain to show the world that: ‘Do you see that this is happening? We didn’t make this up.’”Of course, we’ve just been through a period in which comedians of all sorts joked about one possible outcome of the American presidential election as if it could never actually come to be, and it came to be anyway. Now, the comics holding that curtain may be realizing that, sometimes, the world isn’t listening or doesn’t care.”

—New York Times TV reviewer Neil Genzlinger, in his conclusion to the review of CNN’s documentary on the history of television comedy.

Ugh.

The reason, Neil, that the world “isn’t listening or doesn’t care” is that with very, very rare exceptions, the political pronouncements of comedians are simple-minded, ignorant, juvenile or worse. Unfortunately, comics are increasingly laboring under the delusion that their junior college degrees, narrow life experiences and success at making drunks cackle imbues them with some genuine authority to pass judgments on complex policy issues. This is manifestly untrue. The clowns are on TV because they are, or were, allegedly funny, not because they have anything more sophisticated to offer regarding foreign policy or tax reform than the average guy on a barstool.

I have now seen an ad for Samantha Bee’s comedy show “Full Frontal” approximately a million times, or so it seems. If she is really this  ignorant, her show should be banned by the NEA. All of her featured riff is about how horrible the President is—well, at least that’s original—and it ends with her statement, complete with “any idiot should know this” facial mugging, that “lawyers call” Trump’s temporary immigration halt from seven nations “unconstitutional.”  Continue reading →

New Jersey Tries An Ethics Experiment

/ Jack Marshall / 23 Comments

bail-reform

New Jersey, a state for which many would say ethics itself would be a novelty, has taken the lead in a truly revolutionary criminal justice experiment that resolves an ancient ethical dilemma in favor of mercy and compassion. Beginning on January 1 this year, New Jersey  judges are expected to release all but the most dangerous and untrustworthy defendants pending their trials, often with certain conditions, rather than  to require cash bail as a condition of avoiding jail.

In 2014, voters decided to amend New Jersey’s Constitution and virtually eliminate bail, responding to a national movement to reform a system that has always discriminated against poor defendants. Although bail requirements are usually modest for most offenses (a bail bondsman typically charges a defendant 10% to post the entire bond), many defendants are still unable to pay even small amounts. Then they wait in jail, often losing their jobs and causing hardship for their families. Continue reading →

When Ignorance, Unethical Character And Abuse of Power Converge: The Persecution Of Ann King and Susan Hines

/ Jack Marshall / 9 Comments

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Anne King of Washington County, Georgia, was furious at her former husband and called him out on Facebook.

Susan Hines, a friend of King’s, responded..

“POS — give me an hour and check your mailbox. I’ll be GLAD to pick up the slack.”

Unfortunately, King’s crummy father of an ex-husband is also an ignorant jerk with a badge. He is Captain Corey King of the Washington County Sheriff’s Department, and used his power in this small town to have both Anne her supportive friend arrested and tossed in jail for absolutely protected free speech on social media. First the captain filed a police report with his colleague, Washington County Sheriff’s Investigator Trey Burgamy. Then Washington County magistrate Ralph O. Todd  issued a warrant requiring the two women to appear at a hearing.  Officer King was the only witness, and afterwards Magistrate Todd issued warrant  charging Anne King with criminal defamation:

“SUBJECT DID, WITHOUT A PRIVILEGE TO DO SO AND WITH INTENT TO DEFAME ANOTHER, COMMUNICATE FALSE MATTER WHICH TENDS TO EXPOSE ONE WHO IS ALIVE TO HATRED, CONTEMPT, OR RIDICULE, AND WHICH TENDS TO PROVOKE A BREACH OF THE PEACE, SPECIFICALLY, SUBJECT DID MAKE DEROGATORY AND DEGRADING COMMENTS DIRECTLY AT AND ABOUT COREY KING, FOR THE PURPOSE OF PROVIDING A BREACH OF THE PEACE.”

The Georgia law she was charged with was ruled unconstitutional decades ago, and is no longer on the books.

Details, details. Continue reading →