Law & Law Enforcement

The White House Is Lying To Us. Again. Why?

/ Jack Marshall / 27 Comments
David Plouffe...or Dan Pfeiffer...it doesn't matter, really...the voice is the same.

David Plouffe…or Dan Pfeiffer…it doesn’t matter, really…the voice is the same.

Nobody of sound mind who listened to top White House advisor (he’s the current David Axelrod) David Plouffe spin like the Wheel of Fortune on ABC’s This Week with George Stephanopoulos could continue to deny that the White House, a.k.a Barack Obama, is determined to obscure every thing and anything it can that might help us assign accountability for the Administration’s negligent oversight and management, if not outright abuse of power. The smoking gun was that this pre-programmed, trained and paid mouthpiece said this:

PLOUFFE: Well, I’d say first of all, you know back in the previous — or the prior administration, the NAACP was investigated after Republican members of Congress asked for it. But there’s been no suggestion — the independent — the prosecutor looked at this — excuse me, the inspector general, and said there was no politics involved in this. No one has indicated at all that the White House is involved. The IRS director was appointed at — under President Bush, served under both presidents attested. No one from — so, this was not a political pursuit.

I don’t know if it was “a political pursuit” or not, but I do know that when the people in power desperately don’t want their fingerprints to be found on something potentially sinister like this, I am more suspicious than I would be if they just let the facts out: Continue reading →

Curtis Morrison, The Face Of Ethics Bankruptcy

/ Jack Marshall / 9 Comments
How did you get this way, Curtis?

How did you get this way, Curtis?

Curtis Morrison’s post at Salon, “Why I secretly recorded Mitch McConnell,’ is disturbing in the manner of those periodic exposés where a journalist gets candid answers from a soul-dead 14-year-old inner city drug dealer,  a short-order cook who hates his customers and spits in their food, mad Islamic terrorist, or venal hedge fund manager. Morrison exposes himself as a politically active, ethically ignorant zealot, and ludicrously proud of it. I’m sure that conservative bloggers will seize on his damning post as evidence of the character rot at work on the Left, but he could just as easily be a young Andrew* Breitbart, or James O’Keefe.

The chilling revelation that dawns as one reads Morrison’s  piece is that mis-wired people like him increasingly warp our political process and turn it into incoherent, useless and destructive warfare. I don’t want to think about how many will read his words and admire him, rather than feel their gorges rise, but unfortunately, it’s my job to think about it. Our task is to make sure there are fewer Curtis Morrisons in the future. Maybe his Salon article, which should horrify anyone who isn’t already beyond ethics repair, will help. Continue reading →

Now THIS Is Incivility!

/ Jack Marshall / 11 Comments
"Thank you, counselors. We will proceed to fucking closing statements."

“Thank you, counselors. We will proceed to fucking closing statements.”

I just saw a  local Boston TV ad for Ace Tickets. The slogan at the end was “Sit your Ace down!” So clever! Just throw gratuitous vulgarity into a commercial during a baseball game, doubtlessly viewed by many children, because it’s inherently amusing. The message is that vulgarity is cool, clever and acceptable. Other messages in the media, both in advertising and in pop culture, convey the same permissive standards regarding obscenity. Over on the Drudge Report, a much-admired news aggregator for  political junkies, especially on the right, no mention of Anthony Weiner’s annoying candidacy for Mayor of New York is made without a cheap “weiner” joke. Today, Drudge noted that Weiner was “inching up” in the polls. Get it? HAR!  Just under that “gag,” the news that men favored Weiner in polling was headlined “Male Enhancement.” Soooo witty!  The U.S. is being transformed into one huge junior high school. After growing up in such a vulgar, undignified, sleazy environment, the next generation won’t be prone to inadvertently use words like “fuck” and “shit” in public forums such as live award shows and TV interviews, like our current politicians, newscasters and celebrities. They’ll just use them intentionally, all the time. Won’t that be cool? I’m sure David Letterman thinks so. Cool Dave had A.J. Clemente, he of uttering “fucking shit” on the airways in his debut as a news anchor, as a guest on his show. Dave suggested to A.J. that his ex-bosses were jerks to fire him. Good point Dave! A.J. was just ahead of his time. In a decade or so, “fucking shit” may be the sign-off of the next generation’s Walter Cronkite.

Maybe less than  a decade. Note this account, in a court opinion, of a lawyer’s conduct before a magistrate: Continue reading →

Comment of the Day: “Ethics Hero: David Blankenhorn, Former Same-Sex Marriage Opponent”

/ Jack Marshall / 52 Comments

eeyore1

In many ways, I love this post. I love it because it is passionate and serious, and from the heart, and because I am certain that it reflects what many Americans, especially those of a certain age, feel with frustration and a little fear and anger.  I also agree with much of what it concerns, the lack of respect for accumulated wisdom in many aspects of the culture, and the rush to discard old standards not because they have failed us, but just because they are old. The comment comes from a regular commentator, Eeyoure (not his real name, you’ll be relieved to learn, and yes, we both know how to spell the A.A. Milne character he honors) who is educated, decent, smart and articulate.

But regarding his lament’s  applicability to the controversy at issue, gay marriage, he is absolutely, utterly, tragically wrong. The conventional wisdom is that we should just try to ignore Americans who feel similarly to Eeyoure, because demographics are relentlessly removing them from the scene. As the politically active public becomes younger, the support for equal rights for gays, trangendered and bi-sexual citizens will grow into an overwhelming majority.  I think that’s a lazy and obnoxious way to win an argument, even when you are right. Smart but misguided people, like Eeyoure in this matter, should be able to evolve, learn, and realize when what they once thought was right, isn’t.  Realizing that one aspect of entrenched belief was, upon knowledge and reflection, wrong does not mean the whole foundation of civilized society has to crumble—this is the classic, irrational, self-defeating fallacy of conservatism. Change in the presence of enlightenment and experience is the essence of ethics, which constantly evolves. We should be able to explain what is wrong with this post so that even the poster agrees.

Here is Eeyoure’s Comment of the Day, on the post (and comment thread t0) Ethics Hero: David Blankenhorn, Former Same-Sex Marriage Opponent: Continue reading →

Ethics Quote of The Week: Washington Post Blogger Jennifer Rubin

/ Jack Marshall / 15 Comments

“How about this for a new communications plan: No one investigates themselves. No one take the Fifth. No executive privilege is asserted to protect anyone in the White House from testifying. Everyone tells the truth. And Holder goes. Otherwise it just looks like more spin and more prevarication from a White House determined to do everything but tell the truth, the whole truth and nothing but the truth.”

—-Washington Post conservative blogger Jennifer Rubin, discussing the Obama Administration’s defensive and evasive posture in response to the various scandals within.

Good sign!

Good sign!

I was torn about how best to raise the issue of why Eric Holder’s removal as Attorney General is an ethical imperative. Labeling President Obama an Ethics Dunce in his ridiculous decision to leave the investigation of Holder’s conduct in the various news media investigations to the Justice Department itself was fair, but obvious. Noting the apparent dishonesty of Holder’s denial to Congress that he was involved in the surveillance of James Rosen—

“In regard to potential prosecution of the press for the disclosure of material — this is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

—-seemed too easy, and I also do get tired of the word-parsing employed by the seemingly impenetrable Obama defenders here, for which this would be blood in the water. Continue reading →

Is George Zimmerman Trying A Homer Simpson Strategy?

/ Jack Marshall / 27 Comments
The accused, pre-donuts.

The accused, pre-donuts.

Based on his appearance at today’s preliminary hearings for his murder trial, George Zimmerman has packed on a few pounds since he was arrested and charged with second degree murder in the death of Trayvon Martin. Might this be an intentional strategy dictated by his lawyer? If so, it would be reminiscent of the memorable episode of “The Simpsons” in which Homer decided to give himself the benefit of the Americans With Disabilities Act by eating himself into muu-muus. But would it be ethical?

The theory, I presume, is that the less threatening and mobile Zimmerman looks, the more plausible it will seem to the jury that he was not the aggressor in his fatal tussle with Martin, who, we heard today, the defense will try to portray as a violence-prone thug. This kind of maneuver exploits a structural defect in the jury system, aggravated by the now ridiculously extended justice process. Jurors can only think of a defendant and sometimes a victim as they look in the courtroom, when it is what they were like when the alleged crime occurred that matters. Years ago in the District of Columbia, a wily attorney defending a child molester who swore that his 13-year old victim had credibly presented herself as 18 managed to delay the trial for three years. It was enough time for the victim to get morphed by puberty hard, and she appeared on the stand not as the thin, immature child she was when she was sexually assaulted, but as an obviously sexually-mature young woman speaking in a attractively husky voice, whom one courtroom reporter described as looking at least 25. Her attacker was acquitted. This is considered excellent lawyering. (The prosecutor, who allowed the girl to wear a tight, low-cut dress and full make-up, was, in contrast, an idiot.) Continue reading →

The IRS Scandal Choice: Contrived Ignorance By The President Or Incompetentence By White House Counsel

/ Jack Marshall / 9 Comments
Unethical lawyer, or ethical pawn in an unethical plan.

Unethical lawyer, or ethical pawn in an unethical plan.

Media reports tell us that White House Counsel Kathy Ruemmler was told on April 24 that the IRS had improperly targeted tea party and other conservative groups, according to an Inspector General audit. She did not tell her client, President Obama, about the fact. [ UPDATE: Law professor and esteemed legal ethics authority Richard Zitrin correctly points out that Ruemmler’s client is the office of the President, not the President himself. So far, I have yet to be convinced that this changes the analysis below.]

There is no way to spin this that doesn’t look bad for either Ruemmler, Obama, or both. The news media has been typically inept in explaining this ethical point. If Ruemmler, on her own, decided to withhold the information to “protect” the President, she was violating her ethical duties, as well  as her duties to the President, his office, and the country. If she was following his directive in keeping him in the dark, then President Obama is guilty of the ethical misconduct of contrived ignorance, a device that is almost always accompanied by knowledge of wrongdoing and irresponsible leadership. Which was it? Continue reading →

The Worst Sting Of All

/ Jack Marshall / 15 Comments
Not funny, not clever, not necessary. Just cruel.

Not funny, not clever, not necessary. Just cruel.

The combination of the 24-hour cable news glut and the internet causes some significant  distortions in public perception. The public periodically thinks that sharks are mounting an organized assault on humanity, for example, which is bad for sharks. The public believes that gun violence is suddenly worse than ever in the U.S., when it is in fact dropping dramatically, which is good for hysteria-based gun control efforts.  It believes that storms like the recent tornadoes are more frequent and more deadly than they have ever been, leading ignorant news reporters and Congressmen to link the deaths to global warming. This good for Al Gore. In my case, stories like this one, which I would have blissfully been unaware of earlier in my life, come across by computer screen every day, leading me to contemplate moving to Pago Pago, or Mars out of despair for the decline of fairness and intelligence in the human race. I will steady myself and presume that without more detailed evidence, it is foolish to conclude the police and the schools are not, in fact, in league with Satan.

Only some of them are.

In Temecula, California, an undercover cop masquerading as a student orchestrated a drug bust in a Temecula Valley Unified School District high school by befriending and manipulating an autistic boy into obtaining small amounts of marijuana. You can read the whole awful tale here (the boy’s family is suing). Continue reading →

Rick Curl, The University Of Maryland, Penn State, and Moral Luck

/ Jack Marshall / 19 Comments

The Rick Curl case is the ethics alarm that won’t stop ringing.

Could Joe be the rule rather than the exception?

Could Joe be the rule rather than the exception?

I’ve written about it twice, both times focusing on the devil’s deal made by the victim and her family, who allowed Curl, a renowned D.D. area swimming coach, to get away with sexually molesting a 13-year female swimmer under his supervision and escape either official detection or legal punishment for decades, as the victim’s family decided to accept $150,000 in hush money/ extortion/ settlement from the rapist-coach instead. Curl went on his happy coaching, and maybe child-molesting way—we don’t know if there were other victims or other pay-offs—even to the Olympics, until the girl he molested, Kelley Currin, had a belated attack of conscience at 40 and finally told authorities about what a trusted coach in close contact with girls on a daily basis had done to her, leading to Curl’s arrest last year.

Rick Curl was sentenced to seven years in prison for child sexual abuse at a hearing this week. At that hearing, we learned for the first time that the University of Maryland had been informed about the abuse more than 25 years ago, and probably knew about it before that. Continue reading →

Ethics Dunce: An Ex-Nurse With Something In Her Craw

/ Jack Marshall / 5 Comments

angry-womanSeemingly nice and good people still fall prey to habitually unethical thinking. This was illustrated to me vividly just now when I heard a call fielded by Rush Limbaugh while I was driving to the cleaners. Today, like every Friday, was a free-for-all in Rush’s domain: callers get to pick the topic.

A middle-aged woman called Rush to announce that something was “stuck in her craw,” namely, that former NFL players with serious cognitive disabilities were suing the NFL, because they had not known the extent of damage the repeated head trauma their football careers entailed would cause them later in life. She was indignant because, we learned, she had suffered a concussion when she was a nurse (due to a violent patient), and now, years later and well into retirement, she suffered vertigo and the loss of the use of one arm as a consequence of that injury.

She said. in essence, “These football players were paid millions to bang heads, and they are complaining. I wasn’t paid millions, and I didn’t agree to get hit on the head. All I did was help people as a nurse, and nobody’s going to pay me for my disability.”

“So you don’t support the NFL players being compensated?”Rush asked.

“No! They got their millions. Why should they get more when people like me get nothing?”

And there you have it. This is what passes for fairness among a large number of our neighbors, colleagues, relatives and friends, even though it makes no sense, has no relationship to fairness, and is as mean and self-centered as a the revenge of a four-year-old.  The attitude is also at the root of a great deal of political advocacy. The underlying thought: if I have to suffer, it is unfair that everybody doesn’t have to suffer too.

This is ethics fatally tainted by non-ethical and unethical motivations like jealousy, envy, bitterness, anger, bias, hate and frustration. It is the exact reverse of the truly ethical impulse, which is “I don’t want anyone to have to go through what I have.” From that misbegotten vantage point, it metastasizes into thorough bile and illogic: Continue reading →