The Supreme Court Upholds The Individual Mandate and Obamacare: The Ethics Opinion

This morning the Supreme Court announced its decision upholding the key provision in the Affordable Care Act, a.k.a Obamacare. It is apparently a huge and complex decision, and is now available in text form online here.

The political and legal analysis will be coming soon from others far more qualified than I [UPDATE: The legal dissections have begun, and you can’t do better than to start here] , and while I am deeply interested in them, that’s not my job. I won’t be able to read the opinions and the various concurring opinions and dissents, not to mention digest them, for quite a while, but some ethical verdicts are already evident from what I do know: Continue reading

Jay Carney: How to Destroy Your Credibility Pointlessly

I have great sympathy for White House spokespeople like Jay Carney. It is almost impossible to avoid coming off as a weasel. You have to face the press and fend off questions, never revealing more than the White House chooses to reveal, seldom being fully candid, always being governed by talking points. Of course, being in such a role for an Administration that promised, in the person of its leader, to be transparent above all others shouldn’t be quite so hard, but we all know that this promise lies molding in the Trash Heap of Cynicism, buried by Guantanamo Bay, the  waivers of conflicts for lobbyists, the Obama Super-Pac, and especially the recent assertion of executive privilege. Eventually all Presidential spokesmen reach the point where they are barely believed and no longer trusted, which is all the more reason not to rush the process and savage one’s credibility by uttering stupid and pointless lies that are both unbelievable but also easily disproved. Continue reading

Comment of the Day: “Fast and Furious: An Open Letter To Columnist Colbert King”

Glenn Logan scores the Comment of the Day with his answer to the questions I posed in my open letter to Colbert King, the anti-corruption Washington Post columnist who nonetheless regards Congress’s inquiry into a possible Fast and Furious cover-up as trivial. He also penned a worthy candidate for ethics quote of the week: watch for the last sentence, which I bolded. Love it, Glenn!

I’ll have some additions to Glenn’s thoughts at the end; meanwhile, here is his Comment of the Day on the post, “Fast and Furious: An Open Letter To Columnist Colbert King.” Continue reading

Fast and Furious: An Open Letter To Columnist Colbert King

Dear Colbert King…

Dear Mr. King:

I am writing to see if you can help me understand your attitude toward the Fast and Furious scandal, as laid out in your recent weekly column in the Washington Post.

I can’t bring myself to make you an Ethics Dunce, because few journalists in any community have led such a relentless and powerful crusade against unethical government and corrupt public officials. Your columns have eloquently condemned the culture of corruption that has crippled the District of Columbia, and rallied the indignation and activism of citizens against the legacy of Marion Barry and the tolerance of public betrayal that he sowed and nurtured. You have cataloged, in shocking detail, the ethical rot that has infested the nation’s Capital, marked by lawlessness, cronyism, incompetence and greed. I respect you. I trust you. I think of you as the most credible and objective media advocate for good government that I know.

So I need to understand why you think it is fair and appropriate to call Rep. Issa a “devil” for insisting on transparency, honesty, accountability, and transparency from Attorney General Holder regarding the Fast and Furious fiasco, which left one American and untold Mexicans dead. It is the duty of Congress to exercise oversight over the U.S. government, and if there was ever an episode demanding oversight, this was it. The U.S. Department of Justice allowed the law to be broken, permitted dangerous automatic weapons to cross the border into Mexico and arm the most dangerous thugs in that country (without receiving the permission of Mexico or informing it), and then lost control of both the scheme and the weapons, with fatal results. You always write about maintaining the trust of the public in Washington, D. C. What is more fatal to trust than a law enforcement agency that intentionally allows laws to be broken without accountability? Don’t you believe that public trust in a nation’s Justice Department, its agents, policymakers and leadership is as important as public trust in the D.C. City Council? If you do, why is Issa, in your words, “engaging in cheap political opportunism” by insisting, along with others, such as the scrupulously fair Sen. Grassley, that Holder explain what happened, who was responsible, and what measures have been taken to make sure such an outrageous operation never happens again—beginning with, <gasp!>, firing somebody? Continue reading

Don’t Tell Us The Public “Doesn’t Care” About Incompetence and Corruption. It Has to Care.

The Washington Post broke the ethics story of the weekend, documenting a blatant conflict of interest on Capitol Hill that has many members of Congress making decisions on legislation directly affecting companies in their stock portfolios, and trading the stock contemporaneously with those decisions.

Based on the depressing dialogue on the Sunday public affairs shows regarding the Fast and Furious scandal—-especially the dialogue issuing from panelists who have obviously received and memorized received the Obama Administration and Democratic Party talking points—-I would assume that the American people can’t be bothered with this matter, and think it is a waste of time. After all, according to panelist after panelist who was either a mainstream media pundit or an Obama surrogate, all the American people care about is the economy and jobs. The fact that the U.S. Justice Department may be run by incompetents and law-breakers—who cares? The fact that nobody gets fired for approving a policy that breaks laws and gets innocent people killed—so what? The American people are, we are told, one-track mind morons, unable to focus on more than one problem at a time, and incapable of seeing the interrelations between problems. I wonder–might the fact that Congress may be corrupt and the Executive Branch, including Justice, may be irresponsible and inept have any bearing on the ability of the government to oversee the economy effectively? Don’t be silly, former New Mexico Governor and Clinton acolyte Bill Richardson told us yesterday. The public isn’t that sophisticated. The public doesn’t care about who’s cheating, who’s breaking the law and who’s incompetent! The people only want to talk about jobs! So, apparently, that is all the journalists and pundits should talk about, and all that policymakers should spend their time on.

No wonder none of those Sunday shows spent any time on this Post front page story: Continue reading

Fast and Furious: AG Holder’s Ethics Train Wreck

Let’s get a few things settled.

If you look closely, you can see Eric Holder in his engineer cap.

Fast and Furious is a true scandal, not a trumped-up distraction, just as Watergate wasn’t a “third-rate burglary.” When the U.S. government intentionally allows laws to be broken, secretly seeds violent crime in a neighboring country and gets both foreigners and Americans killed as a result, that’s a scandal any way you cut it. The U.S. Congress has an oversight role to play after such a fiasco, and getting to the bottom of what went sour is its duty, regardless of how much enjoyment partisan Congressmen appear to have making Administration officials sweat. Any politician or member of the media who suggests otherwise is trying to manufacture a cover-up and intentionally misleading the public. The mantra that “this is a waste of time when Congress should be doing the nation’s business” was used by Republicans during Watergate, Iran-Contra, and the Valerie Plame affair, and by Democrats during Whitewater, Lewinsky, and now, as Fast and Furious is finally bursting out of the hole of obscurity where the biased media tried to stuff it. A badly managed, law-breaking Justice Department isn’t trivial, and when utterly stupid, reckless operations like Fast and Furious come to light, it is essential that there be full disclosure and accountability. The voices trying to bury this scandal do not have the best interests of the United States or the public at heart. Let’s start with that.

Fast and Furious was so jaw-droppingly dumb that its very stupidity is almost a boon to defenders of Attorney General Holder’s department, since the normal reaction to such facts is that some crazy Republican must have made up the whole thing. Unfortunately, this really happened.  In 2009, the US government allowed Arizona gun sellers to illegally sell automatic weapons to suspected criminals. Then ATF agents (Bureau of Alcohol, Tobacco, Firearms and Explosives)  were directed to  allow the guns to “walk” across the border and be delivered to the Mexican drug cartels. The House Oversight Committee’s report explains, “The purpose was to wait and watch, in hope that law enforcement could identify other members of a trafficking network and build a large, complex conspiracy case…. [The ATF] initially began using the new gun-walking tactics in one of its investigations to further the Department’s strategy.”

Gee. What a great plan! What could possibly go wrong?

Oh, only everything.

1,608 weapons ended up in the bloody hands of Mexican criminals. The ATF lost track of them, until they turned up at shootings and crime scenes. Many Mexicans, though we don’t know how many, died from being shot by the planted guns, and when a US federal agent, Border Patrol Agent Brian Terry, was killed by one of them in battle with drug-runners, the fiasco became public. (ATF whistle-blower also helped.) In a sensible, fair, ethical system, the next steps would follow like Summer follows Spring:

  • The news media would give the story major coverage  and do its own, unbiased, competent investigation.
  • The Administration would express horror and regret, and set about its own internal investigation.
  • Both parties of Congress would aggressively seek answers, and make certain that systemic failures were exposed and responsible individuals were identified.
  • Those responsible would resign or would be fired.

But we do not have a sensible, fair, ethical system, at least as it is currently functioning. As a result, the Fact and Furious mess has become an ethics train wreck that appears to be gathering steam. The evidence so far: Continue reading

When Your Genius Is A Dunce: The Depressing Self-Outing of Rays’ Manager Joe Madden

I trusted you, Joe. You broke my heart..

Organizations and institutions tell us a lot about themselves by the individuals they hold up as exemplary. To cite an example much on my mind these days, the conservative blogosphere’s canonization of the late Andrew Breitbart, master of the intentional half-truth, makes me dubious about its reliability and integrity. On  the other side of the spectrum, the fact that so many Democrats, and especially Democratic women, worship Bill Clinton reflects horribly on their values and tolerance for hypocrisy. Now, in the wake of Roger Clemens’ well-deserved acquittal for denying under oath acts that he almost certainly did, we have strong confirmation that a prominent individual Major League Baseball holds up as exemplifying, in the immortal and irritatingly pretentious words of “Terence Mann” about that corn field in Iowa, “all that once was good and it could be again”* is in truth an Ethics Dunce, and a big one at that. His name is Joe Madden, the American League’s 2011 Manager of the Year, and I am disappointed and depressed. (Yes, I have named Joe an Ethics Hero in the past.) Continue reading

Don’t Blame Nixon

They can’t lay this one off on you, Dick.

I know it is much the vogue in Washington these days for leaders to blame previous leaders for persistent problems rather than to accept accountability and responsibility for not successfully solving them. Trendy though this attitude may be, however, Washington Post columnist Kathleen Parker’s column assigning fault for the U.S. public’s growing and frightening distrust of government institutions to Richard Nixon and the Watergate scandal shows its folly. It flies in the face of history and fairness, and lets literally thousands of subsequent leaders, elected officials, journalists, pundits and assorted knaves and hypocrites off scot-free.

Parker writes,

“Beyond the obvious, Nixon and the Watergate episode did great, perhaps irreparable, harm to the American spirit. A generation already traumatized by a war that ended up killing 58,000 of its brothers, boyfriends, husbands and fathers lost any remaining innocence, as well as trust in authority and faith in governmental institutions. The flag our forefathers raised on the moral high ground looked suddenly shabby and soiled. When even the president of the United States was willing to burglarize the American people, there was no one left to trust”

Oh, nonsense. The Watergate scandal, by the end, was one of the American system’s finest hours. The system worked, and worked on live television for all to see. A brave judge, John Sirica, showed integrity and grit in refusing to cave in to Presidential intimidation, ordering Nixon to turn over the tapes that ultimately proved his guilt. Senators and House members of both parties handled a complex inquiry diligently and well, with ethics heroes emerging on the Republican side, in individuals like Sen. Howard Baker, and the Democratic side, with the inspiring Senator Sam Irwin and others. When Nixon decided to fire the Special Prosecutor, Archibald Cox, who was getting too close to the truth, his own Cabinet member, Attorney General Eliot Richardson, resigned rather than do Nixon’s dirty work. Ultimately, Republicans and Democrats alike on the House Judiciary Committee voted for impeachment, forcing Nixon to resign. Yes, Tricky Dick was unethical and untrustworthy, but Americans had known that—and called him Tricky Dick— for decades. Then as now, too many Americans decided that “policies” trumped character, so they elected a man whose flawed values and integrity was a matter of public record—twice. Nonetheless, when he and his minions violated the law and threatened the principles of democracy, the vital institutions of the House, the Senate, the judiciary and the press showed their strength and virtue. Nixon was corrupt, not the Presidency, not the government. Continue reading

Dear Pundits: Stop Telling Your Audience Something Is “Unprecedented” When You Are Ignorant of What The Precedents Are!

Phooey. James Taranto beat me to this one.

Sing it, Sam. Join in at any point, Juilan: “Don’t know much about history…”

When I read that a reporter had interrupted President Obama today as he was announcing his illegal immigration amnesty program for young illegals, and saw that an MSNBC guest had made the fatuous suggestion that a white President would never be treated so disrespectfully, I immediately thought, “What? Have these people never heard of Dan Rather’s heckling of Nixon?”

Taranto wondered the same thing, and printed this, from David Schoenbrun’s 1989 book,”On and Off the Air: An Informal History of CBS News,”  in his blog:

“When Dan Rather, the White House correspondent, arose to question [President Nixon], boos and cheers rang through the hall. The boos came from Nixon acolytes spread through the room, the cheers from fellow correspondents expressing their support for Dan. As the noise erupted, Nixon, on the stage, looked down at Rather and asked with heavy sarcasm, ‘Are you running for something?’ Dan, always impulsive, snapped right back, ‘No, sir, are you?’ More boos, more cheers! Not the most dignified scene at a presidential news conference. Dan was in trouble. It is one thing, perfectly legitimate, to challenge a president with tough questions. It is something quite different for a reporter to engage in a sassing contest with the nation’s chief executive, no matter how obnoxious and wrong the president may be.”

Since Democratic strategist Julian Epstein is ignorant of history, however, and also committed to the desperate and insulting Democratic strategy of ascribing any criticism of this most foundering of Presidents to nascent racism, he embarrassed himself with this silly rant: Continue reading

Is Watching A President’s Speech A Civic Duty?

It certainly was regarded as one once. Back in the ancient days when there were just three TV networks and no cable, Americans didn’t even complain that all three would be broadcasting Presidential addresses at once, causing them to miss “Sugarfoot,” “McHale’s Navy,” or “The Gale Storm Show.” Ratings for Presidential speeches have been steadily declining, however, since the advent of cable and satellite TV, and the perpetual campaign mode of recent Presidencies has played a role as well.

I am a American Presidency enthusiast, as if you couldn’t tell, and I feel guilty about skipping President Obama’s address on the economy last night, as I feel guilty every time I re-arrange my sock drawer when POTUS speaks to the nation. That’s been my habit for a long, long time. Yes, I never miss inaugural addresses, and I always watch the State of the Union speech, though that commitment is on life support. The rest? If there is a genuine and immediate crisis, an announcement of war or something similarly earth-shattering, I’ll be in the TV audience. Addresses like last night’s, however—-vaguely political speeches calculated to bolster support, spin bad news or bash the opposition—-those I just can’t tolerate, and haven’t for decades. Continue reading