The Ethically Obtuse Bauer Memo

According to both the Washington Post and the New York Times, the memo from White House Counsel Robert F. Bauer shows that the Sestak/Clinton/White House scandal is nothing to waste time over. Or, as the Times puts it today’s Ethics Dunce-worthy editorial,* “nothing terribly unethical” happened.

I see. Our standards for the ethical conduct of our President and his staff isn’t that they should behave ethically, but that they shouldn’t be terribly unethical.  Certainly that is the attitude conveyed by the Bauer memo, which is unconvincing legally and appears to be written by someone who never heard of the concept “ethical.” Continue reading

What’s Wrong About the Sestak Caper

The Sestak-White House “Please Force Pennsylvanians to Keep Arlen Specter as Senator” story has officially cracked wide open, and reports are coming out fast and furious while the White House is spinning faster than Kristi Yamaguchi on speed. It began with Rep. Sestak making himself look determined and incorruptible by telling a radio talk show host on the air that the White House had promised him a plum job if he didn’t challenge Specter in the primary. Once Sesatk won, Rep. Issa of the Republican Truth Squad began demanding that Sestak reveal who made the offer, since it would be a Federal crime (as Sestak had described it) and another Federal law requires Sestak to report Federal crimes committed by government employees. The details will be clarified, corrected and spun some more over the next few days, but the following is clear: Continue reading

Standards, the Salahis, Bluto, and Us

A sane culture discourages ethical misconduct by condemning and punishing it. The American culture, thanks to greed, intellectual rot and an irresponsible media, rewards unethical conduct by making it profitable. This isn’t a trivial matter.

Tareq and Michaele Salahi are about as despicable a pair as one can imagine, redeemed only by the fact that they haven’t caused any oil spills, aren’t abusing children and haven’t killed anyone. They are full-time grifters, and are diligently working to profit by exploiting America’s sick obsession with media celebrity. They crashed a White House dinner in November, costing several people their jobs, and launching multiple investigations that added to the tax-payers’ burden. None of that mattered to them, of course, because the irresponsible escapade advanced their idiotic, pathetic and selfish goal: joining the likes of Jose Canseco, Corey Feldman and Gary Busey on TV’s equivalent of belching, a reality show. Then, being completely shameless, they recently stalked a White House dinner again, getting themselves stopped by the Secret Service as they rode in a rented limousine, dressed in formal attire, with an “Inside Edition” camera crew in tow. This was just an “incredible coincidence,” they explained…wink-wink, nudge-nudge. Continue reading

Ethics Dunce Deux: Rand Paul Whiffs on Accountability

G.O.P Kentucky Senate nominee Rand Paul has pulled off a record-worthy achievement: he has earned Ethics Dunce status twice in a week’s time, something no one else, even serial Ethics Dunces like Sen. John Kerry and Tom DeLay, were able to do in the nearly seven years the designation has been in existence. He did not earn it the old fashioned way, however, as the old Smith-Barney ads used to say. Most Ethics Dunces do something, but in both cases Paul has proven himself worthy by what he says he believes.  This makes him kind of a classic Ethics Dunce. He literally doesn’t understand basic ethical values, or if he does, can’t articulate them. Continue reading

Rebate Ethics

I  hit the roof yesterday when I found out that we had missed the deadline to apply for the promised $100 rebate on my son’s fancy cell phone. To make myself feel better, I checked with Consumers Reports and some other sources: sure enough, the Marshalls are not alone. It is estimated that 40%-60% of all rebates go unclaimed, to the tune of 4 billion dollars. What a deal for retailers! They lure you to the store with low prices. When you get there, you discover that the price will only truly be low after you mail in a rebate request and get a check in return. But you’re in the store, and have made the emotional commitment to buy. Later, you may find out that the various hoops you have to jump through to get the rebate back are annoying and time-consuming, and easy to botch. If you are busy, you may put it aside—and ninety, sixty, thirty, or even just seven days later, the rebate offer expires.

Are rebates ethical, or are they a particularly insidious form of consumer fraud, using the well-document human characteristics of impulse buying, inattention to detail, short attention span and procrastination against consumers to make millions of dollars in money that was supposed to be discounted but never was? Continue reading

Rep. Sestak and That White House Bribe…

Can anyone remember another series of elections in which the winners found themselves in so much ethical hot water so quickly? First we have a U.S. Senate convention nominee in Connecticut (Blumenthal wasn’t really elected, just chosen by delegates) revealed having misrepresented his military record multiple times. Then the victorious Republican Senate nominee in Kentucky goes on TV and radio to prove that he cares more about being true to what the New York Times calls “textbook libertarianism” than its real world human and societal costs. Now Rep. Joe Sestak is being caught in an ethical quandary. Is he going to finger members of Obama’s White House, cover up a Federal crime, or admit he was lying? Continue reading

Blumenthal’s Lies and Professional Discipline

I know I’m harping on Richard Blumenthal, but:

An Illinois attorney has just been suspended from the practice of law for three years for using a doctored resume to obtain his job at a big law firm.

Richard Blumenthal has doctored his resume, in public, by leading voters and media to believe he was a Vietnam veteran, when he was not. He is seeking a job, not with a law firm, but in the U.S. Senate.

The Illinois attorney has been found unfit for the practice of law by dint of his dishonest conduct, which raises doubts about his trustworthiness. Is filling out a resume to acquire a legal job itself the practice of law? No. Can anyone think of a reason why it is less indicative of bad character for a lawyer to fabricate credentials in pursuit of a non-legal job (albeit for a position that makes laws!) than a legal one? I can’t. That would seem to be an absurd distinction. Lying to the hiring partner at a law firm is worse than lying to the citizens of Connecticut? Blumenthal is the State Attorney General: he works for the people of Connecticut; they are his clients!  His lie is certainly worse.

Forget about not voting him into the Senate. Connecticut should work on kicking Richard Blumenthal out of the Attorney General’s office.

Ethics Dunce: Rand Paul

The demise of the Tea Party movement may well come when it actually has to put individual candidates before the electorate and the media to carry its message. At least, that is what the ascendancy of Rand Paul, now the Republican nominee for the U.S. Senate in Kentucky after his primary victory this week, portends. Paul, before his first week as the nominee is up, has managed to expose himself as unacceptably challenged by the task of reconciling the deceptively simplistic philosophy of libertarians with real world ethics. Specifically, he has declared that he does not support the 1964 Civil Rights Act’s requirement that private businesses  serve all members of the public, irrespective of race, nationality, religion and sexual orientation. This position Rand haltingly clung to despite withering interviews on National Public Radio and MSNBC’s Rachel Maddow Show. You can see the latter, in two parts, here and here. Continue reading

The Arizona Boycotts: Unethical and Unjustified

Seattle, San Francisco, Los Angeles, Washington D.C., Boulder, Boston, St. Paul, Austin, El Paso, Oakland and San Diego have all announced a boycott of Arizona, which stands condemned, in their view, of “violating basic American principles,” “Draconian law enforcement,” “promoting racism,” and “un-American measures.” All this, for announcing that the state is going to enforce a law long on the books that the Federal government stubbornly fails to enforce itself.

Almost all boycotts are unethical, and this one doesn’t come close to being fair or reasonable. Boycotts use economic power to bend others to the will of large groups that disagree with conduct or policy, bypassing such niceties as debate, argument, and rational persuasion. They can be effective, but they always depend on causing harm to third-parties, bystanders and others not directly involved in the decision that prompted the boycott, thus creating pressure on decision-makers to change direction based on considerations that have nothing whatsoever to do with the underlying controversy. It is a bullying tactic, and the only way it can pass ethical muster is if the reasons for it are clear, strong, virtuous, undeniable, and based on irrefutable logic that the boycott target is so wrong, and doing such harm, that this extreme measure is a utilitarian necessity. Continue reading

More on Richard Blumenthal, Connecticut’s Lying Attorney General

Now that we know a little bit more about Richard Blumenthal, the Connecticut Attorney General whose pursuit of a U.S. Senate seat has him periodically masquerading as a Vietnam War veteran, it is clear that simply defeating him at the polls isn’t enough. He should be impeached as Attorney General, and deserves professional discipline from the Connecticut Bar as well. Why? Well, he’s an unrepentant serial liar on a grand scale. Lawyers, including Attorney Generals, are prohibited from engaging in dishonesty, misrepresentation, fraud and deceit, and it is professional misconduct when this rises to a level that calls a lawyer’s trustworthiness and fitness to practice law into question. Does pretending to have credentials, especially military combat experience, that you do not have in order to get a job reach this level?

Of course it does. Continue reading