Leadership

Obamacare’s Epitaph: “Live By The Rationalization, Die By The Rationalization”

/ Jack Marshall / 46 Comments

obamacare-gravestoneRemember in 2010, when the Democrats ensured that the Affordable Care Act would clear its final hurdle to passage this way?

Democrats will finish their health reform efforts within the next two months by using a majority-vote maneuver in the Senate, Majority Leader Harry Reid (D-Nev.) said. Reid said that congressional Democrats would likely opt for a procedural tactic in the Senate allowing the upper chamber to make final changes to its healthcare bill with only a simple majority of senators, instead of the 60 it takes to normally end a filibuster.The move would allow Democrats to essentially go it alone on health reform, especially after losing their fillibuster-proof majority in the Senate after Sen. Scott Brown’s (R) special election victory in Massachusetts.

Republicans have protested the maneuver as a hyperpartisan tactic to ram through a health bill, and have said that plans to use the reconciliation process make moot a bipartisan summit at the White House this week, where both GOP and Democratic leaders are supposed to present their ideas on healthcare.

At the time, Republicans, as is their wont, over-stated their objections to the maneuver, calling it unconstitutional and a breach of rules. No, it wasn’t quite that, nor was it as unusual as the GOP claimed. It was within Senate rules, but still the first time it was ever used to amend a bill that had already passed the Senate via cloture, and under such contentious circumstances.  Reconciliation was legal, all right, but since the Affordable Care Act was so revolutionary and controversial, its passage needed to be seen as democratic, and it wasn’t. Democrats ignored the Golden Rule, and extended the acceptable use of reconciliation by using a number of rationalizations, as well as “the ends justify the means.”

Let’s see: “Everybody Does It” wouldn’t work, because the problem with using reconciliation was that everybody didn’t do it, at least not very often.  So Democrats opted for 13. The Saint’s Excuse: “It’s for a good cause”…23. Woody’s Excuse: “The heart wants what the heart wants”…#24. Juror 3’s Stand (“It’s My Right!”)…25. The Coercion Myth: “I have no choice!”…28. The Revolutionary’s Excuse: “These are not ordinary times.”…31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now” …40. The Desperation Dodge or “I’ll do anything!”…59. The Ironic Rationalization, or “It’s The Right Thing To Do”…and perhaps a few other rationalizations on the list. Continue reading →

Ethics Dunces: House Republicans….WAIT! Trump To The Rescue!

/ Jack Marshall / 32 Comments

oce-website

Per The Washington Examiner:

House Republicans on Monday quietly voted to strip the independent power from an outside ethics panel established eight years ago following a string of corruption scandals, a move they made just hours before the start of the 115th Congress. A measure defanging the Office of Congressional Ethics, authored by House Judiciary Committee Chairman Bob Goodlatte, will now be included in the House Rules package, which is poised for a Tuesday afternoon vote before the entire House.

The provision’s most important feature changes the OCE from an independent entity to a body that falls under the jurisdiction of the House Ethics Committee, a 10-member, bipartisan committee of lawmakers that rarely hands out serious punishment. Goodlatte’s provision renames the OCE the “Office of Congressional Complaint Review,” and said the changes were needed because lawmakers have been subjected to investigations provoked by partisan outside groups.

The move was incompetent, as it is terrible public relations and undermines the public trust. I’d call it straight-up unethical as well, because it constitutes the appearance of impropriety, which is prohibited by House ethics rules already.

Then, that evil, fascist President-Elect Donald Trump tweeted…

“With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it … may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance! #DTS,

The House Republicans backed down, and eliminated the measure.

Observations: Continue reading →

Ethics Quiz And Analysis Exercise : The Congressional Art Competition Winner’s Painting

/ Jack Marshall / 23 Comments

ferguson-painting

The painting above, by high school senior David Pulphus, is now hanging in the U.S. Capitol complex, its award for being selected as the first place prize-winner in Missouri Democrat Rep. Lacy Clay’s annual Congressional Art Competition last May.  It is not clear whether Clay personally selected “Untitled #1” as the winner or had a part in the section, but the African American congressman  praised the work according to a press release:

His visually stunning acrylic painting on canvas entitled, “Untitled #1” will be displayed at the U.S. Capitol Complex.  Pulphus will travel to Washington, DC, courtesy of Southwest Airlines, to unveil his winning entry.  The painting portrays a colorful landscape of symbolic characters representing social injustice, the tragic events in Ferguson, Missouri and the lingering elements of inequality in modern American society….

In his remarks to the overflow crowd of young artists, parents and teachers who gathered at Webster University’s new downtown St. Louis campus in the historic Arcade Building, Congressman Clay said, “Tonight, we are celebrating our sixteenth year of recognizing outstanding young artistic talent. As you can see from the artwork on display here, the level of talent is truly impressive. Your work is inspiring, and I encourage all of you to continue to develop your creative abilities.”

Your first Ethics Alarms Ethics Quiz of 2017 is to answer this question:

Was it responsible, fair, and ethical for Congressman Clay to have this painting displayed in the U.S. Capitol?

I think it is a tough question. In fact, it’s an excellent opportunity to begin the year by practicing and applying one of the ethics decision-making processes, like this one from the Josephson Institute,  in the Tools section: Continue reading →

The President Elect’s Happy New Year Tweet, With Musical Reflections From Ethics Alarms

/ Jack Marshall / 26 Comments

trump-tweet-happy-new-year

It’s hard to know whether to laugh or cry.

The reactions to Donald Trump’s tweet above were so predictable.  Trump-haters are continuing their meltdown, because he used that scary word “enemies,” and imagining political foes being hung by piano wire and shot against a wall…maybe even THE wall. Trump’s fans are cheering, “That’s our guy!” Predictable or not, here is the official Ethics Alarms reaction to what may be Trump’s first tweet destined for the Yale Book of Quotations:

1. Get used to this. He’s not going to stop. I recommend re-reading this post from last year, on the Julie Principle. In fact, heeeeere’s Julie!

2. Oh, let’s get this out of the way: it’s a juvenile, undignified, un-Presidential message, and a deliberately provocative thing to do. It also  made me laugh out loud, I have to admit. Really, if you’re going to let this sort of thing drive you crazy, you’re not going to make it through four years. You’re not even going to make it through one. Reserve a padded room. I’m serious. Think about this song, because this is where you’re headed…

Continue reading →

“Is It Possible To Address A Race-Related Problem Without Being Attacked As Racist?” And Other Reflections On The Holiday Mall Brawls

/ Jack Marshall / 11 Comments

mall-violence

On the City Journal website, Heather Mac Donald of the Manhattan Institute writes in part,

Judging by video evidence, the participants in the violent mall brawls over the Christmas weekend were overwhelmingly black teens, though white teens were also involved. The media have assiduously ignored this fact, of course, as they have for previous violent flash mob episodes. That disproportion has significance for the next administration’s school-discipline policies, however. If Donald Trump wants to make schools safe again, he must rescind the Obama administration’s diktats regarding classroom discipline, which are based on a fantasy version of reality that is having serious real-world consequences.

The Obama Justice and Education Departments have strong-armed schools across the country to all but eliminate the suspension and expulsion of insubordinate students. The reason? Because black students are disciplined at higher rates than whites. According to Washington bureaucrats, such disproportionate suspensions can mean only one thing: teachers and administrators are racist. The Obama administration rejects the proposition that black students are more likely to assault teachers or fight with other students in class. The so-called “school to prison” pipeline is a function of bias, not of behavior, they say.

This week’s mall violence, which injured several police and security officers, is just the latest piece of evidence for how counterfactual that credo is.  A routine complaint in police-community meetings in minority areas is that large groups of teens are fighting on corners…The idea that such street behavior does not have a classroom counterpart is ludicrous. Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age. The lack of socialization that produces such a vast disparity in murder rates, as well as less lethal street violence, inevitably will show up in classroom behavior….School officials in urban areas across the country set up security corridors manned by police officers at school dismissal times to avoid gang shootings. And yet, the Obama administration would have us believe that in the classroom, black students are no more likely to disrupt order than white students.

The entire essay is here.

Observations: Continue reading →

A Lawyer Ponders: “Will Obama Pardon Clinton? And If He Does, Will She Accept?” An Ethicist Answers…

/ Jack Marshall / 32 Comments

get-out-of-jail2

Over at The Hill, lawyer David Weisberg examines the questions in the title above. Frankly, I assumed that Hillary needing a pardon from Obama was a dead issue, but Weisberg persuades me that it might not be.

Let’s begin by pointing out that it would be gallactically stupid for the Trump Justice Department to prosecute Clinton. Doing so would be a guaranteed circus; it would inflame Democrats who are already resembling The Human Torch, and it would appear to be a political prosecution. A winning President tries to put his losing opponent in jail would reek of banana republic vengeance, and that’s one reason why no American President has ever done it.

This is Donald Trump we are talking about, however, so who knows? Certainly many of his more angry and less grey matter-blessed supporters would love to see Hillary in the slammer. I am hoping and praying that Trump either is smarter than this or has advisors who can talk him out of his worst ideas, but I am not as confident as I should be. Weisberg makes the reasonable point that Hillary may not be confident either:

“Since being elected, Trump has been remarkably warm towards the person he used to call “Crooked Hillary.” But how confident could Clinton be that the Justice Department, under a Trump administration, would not prosecute? Prosecutorial decisions are supposed to be independent of political considerations, so Trump’s recent friendliness should not be controlling once the new attorney general is in office.”

That last sentence is both true, and following the wretched partisanship of the Obama Justice Department, very much in the category of  legal fiction. Continue reading →

Ethics Quote Of The Day: Washington Post Columnist Richard Cohen

/ Jack Marshall / 5 Comments
'Oh, all right, here's what I really think, since I'm already ticked off...'

‘Oh, all right, here’s what I really think, since we’re way past the 2012 election and I’m already ticked off...’

 “The Russians managed to do what they wanted to do in Syria. Why not the United States? The answer has always been clear to me. Obama did not care enough. Not from him ever came a thundering demand that Russia and Iran get out and stay out. Behind the arguably persuasive reasons to do little in Syria was an emotional coldness. This was not Obama’s fight. Kellyanne Conway keeps pointing out that Hillary Clinton had no message. True. Neither for that matter did Obama. He waved a droopy flag. He did not want to make America great again. It was great enough for him already. The banner he flew was one of American diminishment. One could agree, one could not be proud . . . Since the end of world War II, American leadership has been essential to maintain world peace. Whether we liked it or not, we were the world’s policeman. There was no other cop on the beat. Now that leadership is gone. So, increasingly, will be peace.”

Richard Cohen, reliably liberal Washington Post op-ed columnist of long-standing, in his latest titled, “Thanks to no-drama Obama, American leadership is gone.”

Good for Cohen. Like George Will on the conservative side, Cohen will occasionally break through his biases to pronounce hard truth. Except to pacifists and isolationists, Obama’s foreign policy has made the world a far more dangerous place, and created a power vacuum that is being filled by Russia, Iran, China and terrorist organizations. Weak, feckless and inept, the President’s foreign misadventures and evasions have been substantially shielded from accountability by public apathy, media alibis, and Hillary Clinton’s bind, which prevented her from articulating her own criticisms of our current foreign weakness  for fear that it would lose her the support of the blind Obama cheering section. Continue reading →

Ethics Hero: Former President Jimmy Carter

/ Jack Marshall / 56 Comments

jimmy-carter

As its stands now, only Jimmy Carter among the four surviving former Presidents of the United States will be attending Donald Trump’s inauguration in Washington, D.C. on January 20. The others, Bill Clinton and the two George Bushes, will not, if their failure so far to RSVP to their official invitations means what most think it means.

President George H.W. Bush can be given a pass due to his advanced age and and precarious health; not so his son and Bill Clinton. Their absence will be petty and unpatriotic. Jimmy Carter knows what his duty is, and will do it. Good for him.

The inauguration of a new President is a national ritual and a vital one, signalling the support of the nation for a  leader duly elected to take the mantle of Washington, Lincoln and the rest. It is a tradition to celebrate the nation and its remarkable  system of peaceful transfer of power, and not, as I will soon explain to the Rockettes, the individual who will be President when the ceremony is over. It is a day to unite the country after an election, not to further divide it.

For former Presidents Bush and Clinton not to recognize this is no less than disgraceful…specially these Presidents, one who himself won office while losing the popular vote, and the other who never received a majority of votes cast in two elections. We know why Clinton and Bush are sulking. President Elect Trump, in his ugly campaign, personally insulted both Bush 43 and his younger brother Jeb, and Jeb may well regard his brother’s attendance at the Inaugural a betrayal. Well, Jeb needs to grow up. January 20 is about the United States of America, not hurt feelings or family solidarity. George Bush has an obligation to be there, not back in Texas snubbing the nation to get back at Trump. Continue reading →

“If That Was Transparency, Then I’m A Kumquat” And Other Reactions To Josh Earnest’s Multiple Unethical Christmas Quotes

/ Jack Marshall / 13 Comments

This morning, Obama Administration paid liar Josh Earnest spoiled my Christmas mellow by telling CNN’s alleged news media ethics watchdog Brian Stelter that there’s really “no constituency in American politics for transparency in government beyond journalists,” as he deflected Stelter’s accounts of journalists complaining about administration foot-dragging on Freedom of Information Act requests. Then he really curdled the ethicist’s eggnog by saying,

“If this constituency of journalists are gonna be effective advocates for the issue that they care about, they need to remember that they have a responsibility not just to criticize those who are not living up to their expectations. Any activist will tell you that the way that you get people to support you and to support your cause is to give them credit when the credit is due, to applaud them when they do the thing that you want them to be doing.”

Finally, Earnest molded my mistletoe by claiming,  “President Obama has been the most transparent president in American history.”

Stelter, of course, being an incompetent, biased and unethical news media ethics watchdog, did not interjection with the mandatory, “WHAT??? You’ve got to be kidding! HAHAHAHAHAHAHAHAHA ACK! ACK! ARRRGH! and drop dead in shock.

That statement is fake news if anything is, rivaling the news media lie that that the Obama years were devoid of major scandals. Before we begin shooting fish in a barrel and deal with that brazen-beyond-belief spin, let’s pause to consider the other stunner in Earnest’s Christmas morning performance:

1. What does Earnest mean that journalists are the only constituency for transparency? Does the Obama administration, and by extension Democrats, really believe that the public doesn’t mind being lied to? If so, that explains a lot, including the nomination of Hillary Clinton.

2. Journalists are not supposed to advocates and activists at all. They are supposed to be devoted to communicating facts and the truth.

3. Is Earnest saying that when a President generally defies a pledge of ethical conduct, he should nonetheless be praised when he doesn’t defy that pledge, and that journalists should highlight the Administration’s rare examples of  transparency while ignoring the overwhelmingly more copious breaches? It sure sounded like it.

That brings us back to the mind-melting quote that this has been a transparent administration by any definition of the word other than “not transparent at all.”

This episode from 2011 nicely encapsulates the issue:

“President Obama was scheduled to receive an award from the organizers of the Freedom of Information Day Conference, to be presented at the White House by “five transparency advocates.” The White House postponed that meeting because of events in Libya and Japan, and it was rescheduled…That meeting did take place – behind closed doors. The press was not invited to the private transparency meeting, and no photos from or transcript of the meeting have been made available. The event was not listed on the president’s calendar…Nor is the award mentioned anywhere on the White House website, including on the page devoted to transparency and good government. Were it not for the testimony of the transparency advocates who met secretly with the president, there wouldn’t seem to be any evidence that the meeting actually took place.”

That’s right: Obama wasn’t transparent about a transparency meeting. That same day, Obama went on TV  and tried to explain why he hadn’t been transparent to the U.S. Congress about his military plans in Libya.  Shortly after that, news leaked that the Fed had secretly sent billions in loans to foreign banks during the financial crisis.

Ah, memories! On his second day on the job, January 21, 2009, that…President Obama famously pledged, in one of his first memos to federal agencies

“We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.”

He may be right about that last part, or maybe he discovered that it was naive and impractical dream. Under no circumstances, however, can it be said that Obama’s administration was transparent. An exhaustive list is impossibly, long, but here is an incomplete  sample just from the posts in Ethics Alarms: Continue reading →

Obama, Trump, And The Avoidable “Two Presidents” Ethical Dilemma

/ Jack Marshall / 10 Comments

trump-and-obama

Yesterday, Donald Trump sent out not just one but three tweets that directly interfered with current U.S. policy efforts, involving the costs of a new jet fighter plane, nuclear weapons, and a U.N. resolution criticizing Israel. This understandably is causing consternation in the Obama administration, because Trump is exercising influence without authority. Until January 20, 2017, Donald Trump has no official position or authority in the government at all. He does have power and influence, however, because everyone knows that he will have authority very soon.

What constitutes abuse of the power and influence? Should a President Elect be a mute and invisible presence until he is officially sworn in, so as not to interfere with the current President’s discharge of his duties?

For the lame duck Chief Executive, with slightly more than two months left in office and vastly diminished influence, the ethical problem is different. How much should he defer to the incoming President, and not take actions that will seriously interfere with the policy directions the new President  may choose to take? Once the will of the people has been made clear at the ballot box, is it fair and responsible for current President to actively work against the likely agenda of the incoming President?

Finally, if a lame duck President is attempting to undermine the objectives of the incoming President before that President Elect takes office, is it unethical for the President Elect to use his influence and power to stop him, or at least mitigate the damage? Continue reading →