Hillary’s Defense: An Ethics Mess

  • I’m going to go rely heavily on links here. I have written a lot about this story already, and there are many other issues to cover. I’ll summarize the content in the pieces linked to, but the thrust is this: Hillary’s explanation in her 20 minute press conference was deceitful, dishonest, and unbelievable. Of course it was.
  • I would declare Hillary’s e-mail fiasco an Ethics Train Wreck, and still might, except that so many are refusing to buy a ticket. Even Bill is afraid to go near the tracks.
  • There are a few who are disgracing themselves—I don’t count paid Clinton cleaners like Lanny Davis, or Media Matters—but one head-exploding performance I saw today was that of Van Jones, the former White House Czar turned CNN pundit, in a “New Day” discussion this morning paired with CNN’s resident conservative pundit—because heaven forbid we examine Clinton’s conduct based on truth, honesty, and principles rather than as political gamesmanship. The two (Ann Navarro for some reason is the only Republican CNN can usually find in the morning) were asked about the phony “Colin Powell did it!” defense dreamed up in the Clinton bunker. Navarro, like anyone else who has examined that argument, found it to be bunkum, simply because the use of e-mail, its regulation in government and what we know about e-mail security has changed so much since Powell referred to it as “new-fangled.” Here’s what Jones said, after first saying that he couldn’t argue with Navarro on her reasoning, emphasis mine:

“Again, she’s playing to the heartland. If you say, listen, I did what Colin Powell did. I’m trying to do a good job. I want convenience. You know, the average person in the heartland, if you hate the Clintons, no answer is good enough. But if you’re — if you’re an honest person, well, geez, maybe this makes sense. I actually do agree, though, that we are in a different world from the Colin Powell days. I think the Colin Powell excuse sounds really good from a press point of view. I hope she keeps saying it. But I do think that, at the end of the day, we are in a different world.”

That’s Jones; that’s the Democratic spin machine, that’s the “the ends justify the means” crowd, and that’s who the networks are asking for analysis: ‘Yes, it’s just designed to confuse the yokels, and it’s not true, but it works,and I hope she keeps saying it.’

Kaboom.

Exploding head

There goes the old skull, exploding again.

Have I ever heard such an open, shameless admission that politicians not only do deceive the public, but that these horrible people like Jones think it’s fine if they do? Fire him. Continue reading

Iran Letter Ethics Q and A: Senate Heroes, Blame, Trust And Captain Queeg

Question:  Are the seven GOP Senators who did not sign the Iran letter Ethics Heroes?

Answer: I almost designated them as such, but that would have been a mistake. There are too many non-heroic and even unethical reasons Sen. Lamar Alexander (R-Tenn.), Sen. Lisa Murkowski (R-Alaska), Sen. Dan Coats (R-Ind.) and Sen. Thad Cochran (R-Miss.), Sen. Susan Collins (R-Maine), Sen. Jeff Flake (R-Ariz.), and Sen. Bob Corker (R-Tenn.), Senate Foreign Relations Chairman might have chosen to refuse to go along with their colleagues. Based on the explanations I’ve read, that seems to be the case. Collins, for example, says that she didn’t think the letter would work. Wrong answer: the reason to reject the letter is because it’s a flat-out violation of legislative limits imposed on the Constitution. Similarly, Flake says that he didn’t think the letter was necessary, whatever that means. It is also likely that some of the seven felt they could have their cake and eat it too: they want the letter to undermine U.S. diplomacy, but don’t want to take the criticism that goes with signing it.

Question: Do I blame President Obama for the letter?

Answer: A friend who is such a knee-jerking Obama enabler and excuser that it’s a miracle he can walk posted yesterday’s  Thirteen Ethics Observations On The GOP’s Letter To Iran on his Facebook page, and one of his knee-jerking friends wrote, “Typical: blame Obama.” I did not and do not blame Obama for the fact that the Republican Senators engaged in a foolish, dangerous and bright-line violation of the separation of powers, and anyone who could read the post otherwise is so deranged by bias that their faculties are impaired…or they just aren’t very bright.

I did write, and it is true, that the President shares significant responsibility for the poisonous and dysfunctional relations with the Congress that led to this fiasco. He is at the top of the government; it’s ultimately his job to make the government and the system work. Obama and his enablers reject accountability at every turn, but the unavoidable facts are that he is in charge, he took the job voluntarily, and whatever doesn’t work, including the government itself, is on his record. He never made a good faith, sincere, dedicated effort to work with the Republicans in Congress; he never worked to develop the negotiation, compromise, horse-trading, cajoling, quid pro quo skills that successful, competent Presidents have used to deal with the same levels of political opposition that he has found impossible to cope with. He took no steps to build trust in Congress, and engaged in serial conduct that was guaranteed to destroy trust, and has.

Finally, his illegal immigration executive order (the illegal accurately modifies both “immigration” and “order”) and his unilateral alterations to his own, incompetent and sloppy, health care law showed exactly the same contempt for constitutional limits as the Senate letter.

Obama is not to blame for the letter. He is absolutely and ultimately accountable for the conditions that prompted the letter and the decision to send it.

Question: Is there an ethical justification for sending the letter? Continue reading

Sooner Ethics Quiz: Abuse Free Speech Rights, Or Ignore Them?

David Boren, the president of the University of Oklahoma, announced that two students would be expelled from the school for leading a racist chant that was preserved on a video and went viral on YouTube. The video shows tuxedo-clad men from the Sigma Alpha Epsilon fraternity  on a bus chanting :

There will never be a nigger at SAE
There will never be a nigger at SAE
You can hang him from a tree
But he’ll never sign with me
There will never be a nigger at SAE

Who would want to be in a house with these assholes?

 The national fraternity apologized and closed the OU chapter. That was a proper response. (Tell me again what’s good about fraternities.) First Amendment specialist Eugene Volokh, however, pointed out on his blog that the expulsion was unconstitutional:

First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous view of courts that have considered campus speech codes and other campus speech restrictions …The same, of course, is true for fraternity speech, racist or otherwise…Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — “You can hang him from a tree,” “the capitalists will be the first ones up against the wall when the revolution comes,” “by any means necessary” with pictures of guns, “apostates from Islam should be killed.”

To be sure, in specific situations, such speech might fall within a First Amendment exception. One example is if it is likely to be perceived as a “true threat” of violence (e.g., saying “apostates from Islam will be killed” or “we’ll hang you from a tree” to a particular person who will likely perceive it as expressing the speaker’s intention to kill him); but that’s not the situation here, where the speech wouldn’t have been taken by any listener as a threat against him or her. Another is if it intended to solicit a criminal act, or to create a conspiracy to commit a criminal act, but, vile as the “hang him from a tree” is, neither of these exceptions are applicable here, either.

Hey, Oklahoma…Rodgers and Hammerstein just called. They’re officially changing the name of the musical and the song to “North Dakota!”

Your Ethics Alarms Ethics Quiz:

Which is the greater ethics breach: the students abusing their First Amendment rights, or the University of Oklahoma violating them?

Continue reading

“Ethics Dunce” Doesn’t Do This Judge Justice: Ferguson Judge Ronald J. Brockmeyer

When "judge not lest you be judged" is really good advice...

When “judge not lest you be judged” is really good advice…

Meet Ferguson Judge Ronald J. Brockmeyer. He  has been Ferguson’s municipal court judge for 12 years and serves simultaneously as a prosecutor in two nearby cities, as well as a private attorney. This is not as unusual a situation as you might think in rural areas, but it is certainly a fertile one for conflicts of interest, unless the busy individual is trustworthy and ethical.

This description would not seem to apply to this judge. While the Justice Department is alleging that his court in Ferguson, Mo. has reinstated the deplorable tradition of debtor’s prison, sending poor citizens of the city to jail for not paying fines they have no money to pay, Brockmeyer personally owes the US government $172,646 in taxes.

Federal tax liens filed against Brockmeyer by the Internal Revenue Service (IRS) state that he has tens of thousands of dollars in overdue personal income taxes from joint filings with his wife, Amy, and owes tens of thousands in employer taxes for his law firm.

Justice? Compassion? Empathy? Fairness? Integrity? Trustworthiness? Don’t look for any of those from the judiciary in Ferguson. How amused  Judge Brockmeyer must have been to see Darren Wilson vilified, while his villainy passed unnoticed.

“Hands up, Don’t shoot,” being a lie, is no longer even an arguably legitimate rallying cry for the kind of systemic wrong the people of Ferguson have endured. Surely this despicable and cruel hypocrite can inspire a better one.

______________________

Pointer: Lucian Pera

The Petraeus Deal and Justice In America

broadwell

I’m in a rush to get ready for a law firm seminar, so I’m going to mostly let Ken White at Popehat do my work for me, as he is very qualified to do in this case. In his comments on the David Petraeus plea deal, Ken quite appropriately raises questions of why such serious crimes as the acclaimed general and former CIA head engaged in do not warrant prison time, and he answers thusly: Petraeus is rich, famous and has powerful friends.

Ken obvious believes those aren’t good reasons, and I agree with him. Nor are the other rationalizations that the general has suffered enough, that he isn’t really a criminal, that the nation owes him, or that he is a valuable resource for the nation that we are better served by not storing behind bars.

I believe that Petraeus has less excuse for his conduct than the typical defendant, and that as a celebrity, war hero and tole model, his defiance of the law is more serious, and more deserving of punishment, than the majority of non-violent criminals who go to jail. Indeed, Petraeus had styled himself as a moral exemplar. I read yesterday—I don’t have time to find the link—that Edward Snowden’s lawyers sent a cheeky message to prosecutors that Snowden would be happy to accept a similar deal to Petraeus’s.  Exactly.

These incidents do terrible damage to the public’s trust in the justice system’s fairness, and they should. Plea deals like this, bought with lawyer fees, bias and influence, are unequivocally wrong.

Attack Of The Ethics Dunces: No, There Is Nothing Wrong With North Carolina’s State Ethics Commission Ruling On Sex With Lobbyists

gumbies2

Ah, how close I came to writing, “No, you morons…”!

The headline nearly was “Unethical Website of the Month: Addicting Info.” This pathetic site surely deserved it. It’s headline was:

North Carolina Legalizes Call Girls For Politicians

After a few smart-enough-to-know-better-but-apparently-having-an-off-day Facebook friends posted links to this crap with expressions of horror, I checked it out, assuming it was a hoax. Well, it wasn’t a hoax, exactly, just a dishonest, misleading, sensational bit of link bait. That’s not what the story is about.

Equally dumb but not quite as dishonest was the Daily Beast, which headlined its incompetent story...

North Carolina Lobbyists Can Officially Screw Politicians Legally.

What’s wrong with this one? It also has nothing to do with the facts of the story, and if you think about it, is as reasonable a headline as Annie Says The Sun Will Come Up Tomorrow. There is no place anywhere in the United States of America where it is illegal for adults in any occupation to have consensual sexual relations with any other adult regardless of his or her occupation. So, to put it in the crude, also link-baiting terms of the Daily Beast—stay classy, you left wing hacks!-–all of these are also accurate: Continue reading

March 1 Is “Remember What Drugs Cost Society Day”

Belushi

The District of Columbia is poised to completely legalize pot, which will be the most ringing of government endorsements of  societally destructive personal conduct, in a malfunctioning culture that should not be placed at further risk. This overwhelmingly black, poor, educationally-challenged and struggling population needs competent, trustworthy leadership and an injection of values.  It is a community, after all, that idolized the late Marion Barry, a mayor who smoked crack on the job, and never apologized for it. It’s not surprising that the adults in the District would tell the young African-Americans that it’s cool to spend their your money to get stupid, to avoid clear thought rather than practice it.

Every March 1, I watch this old clip (below) from Saturday Night Live  (it’s not on YouTube, so I can only link to it) , featuring the great, and thanks to recreational drugs, late John Belushi. It unfailingly makes me laugh out loud. It also makes me furious that a talent like this gave himself so little time to entertain us, because he killed himself with an insatiable appetite for illegal drugs.

For me, March 1 is “Remember What Drugs Cost Society Day.” Those arguing for our government placing a societal  seal of approval on these costs have yet to persuade me that it is ethical, wise or even sane to not just accept them, but to multiply them by a number unknown.

Here’s John Belushi (1949-1982), enlightening us about March around the world.

Unspoken Ethical Quote Of The Month: Outgoing U.S. Attorney General Eric Holder

Attn. General Holder Testifies At Senate Judiciary Hearing On Justice Dept Oversight

“No, I respect the motives and intentions of my critics. Those who have opposed me genuinely disagree with my philosophy and approach to the job, and I would never denigrate them by attributing their opposition to race, bias, or anything but the same passion and belief in their goals for the nation that I have in mine.”

What Attorney General Eric Holder could have and should have answered in his “exit interview” with Politico’s Mike Allen, in answer to the question, “Now, there clearly have been times …when you have felt disrespected on Capitol Hill. How much of that do you think relates to race?”

Holder didn’t answer this way, however.

Holder is black, and consistent with the message that has been trumpeted from the White House, Democrats, the Congressional Black Caucus, and Presidential advisor and Holder consort Al Sharpton for more than six years, any and all problems, criticism, misfortune or failure affecting African Americans can plausibly, reasonably, credibly, and advantageously be attributed to racial bias or outright racism.

Thus Holder’s actual answer to Allen was…

“Yeah, there have been times when I thought that’s at least a piece of it.”

Continue reading

A New, Seductive And Sinister Way To Be Unethical: Shoplifter Extortion For Profit

CEC

If you are accused of shoplifting in Chicago, New York, San Francisco, Boston, Dallas, Houston, San Diego, Los Angeles, Miami, Atlanta, and a growing number of other cities, you may face an unexpected choice. If the store you were shopping in participates in a program operated by  the Utah-based Corrective Education Company, you will be asked to choose between talking to the police, with the risk of being arrested, or leaving the store without facing law enforcement, after you sign an admission of guilt and agree to pay $320 to take an online anti-shop-lifting course.

What??

Slate informs us that about 20,000 people around the country have faced versions of this dilemma since CEC began operations, and chose option B—enriching CEC, and the stores as well. The interesting approach was started by two Harvard Business School graduates—that figures—and is sold as a win-win-win-win:

“It saves retailers time that they would have to spend dealing with the police; it frees up law enforcement resources that could be spent on higher priority cases; it reduces the likelihood that a shoplifter will come back to the store to steal again; and it gives second chances to offenders who would otherwise be saddled with a criminal record for life.”

Right.

It’s unethical you know. I wonder if the company knows? Continue reading

When Is It Ethical For Lawyers To Testify Against A Client? Here’s An Example…

Next time, stick to baseball hypotheticals, Darrell.

Next time, stick to baseball hypotheticals, Darrell.

From Panama City, Florida comes this rare legal ethics scenario. Darryl Mack, 22, accepted 20 years of prison in exchange for a no contest plea to a murder charge, after he learned that his original attorney in the case would be testifying for the prosecution. The revelation by an accused  criminal’s own lawyer of what most think are privileged statements would be devastating evidence, which is why lawyers are almost always prohibited by the ethics rules from doing this.  Mack had been trying to block the testimony on that basis. However, Circuit Court Judge James Fensom ruled those statements could be used against Mack at trial. Why? It is because of a useful and necessary exception to the ethics rules known as the crime-fraud exception.

If you are a “Breaking Bad” fan, this one of the reasons Saul is a crook, not a lawyer.

“The last thing a lawyer wants to do is testify against his client,” the prosecutor in the case explained. “But it is not reasonable to ask your lawyer to be your conspirator.” That means that a request for such advice is regarded by the profession as a request for assistance in breaking the law, and a lawyer cannot ethically give such advice. Such a request isn’t confidential, and isn’t privileged. A lawyer doesn’t have to reveal such information, but he also risks being charged as an accessory if the proposed crime is committed.

Timothy Hilley, Mack’s initial legal counsel, testified in a closed courtroom that Mack had posed a hypothetical to him at the end of a jailhouse interview, and Hilley viewed it as a veiled statement of  intent to commit murder. Mack allegedly asked his then defense counsel what would happen if a witness was unavailable for the trial, a question Hilley took to refer to a witness to the July shooting death of 24-year-old Tavish Greene, the victim in the murder Mack was charged with.

“Mack was on his way to leave, and he walked over to door and he said, ‘Could those statements be used if he was murdered,’” Hilley testified.
“I said, ‘No, it would be hearsay.’” Mack then asked, “How much time do I have?” Hilley said. “And I didn’t catch it at first, but then he asked again, ‘How long before trial?’ ” Mack left the room after Hilley told him the trial could begin as soon as June.  The lawyer reported the incident to the State Attorney’s Office, and withdrew as Mack’s attorney. Continue reading