Leadership

The John Edwards Indictment

/ Jack Marshall / 4 Comments

Cornell law professor Michael Dorf makes my heart leap in admiration by bucking the popular trend—especially among Democrats and soft-hearted media types who 1) only like seeing Republicans and conservatives get in trouble for sex scandals and 2) think Edwards “has suffered enough” —of arguing that the prosecution of John Edwards for campaign fundraising violations is based on a weak legal case. On his blog, Prof. Dorf  argues persuasively to the contrary:

“At its core, the indictment alleges that Edwards knowingly: 1) in violation of federal campaign finance law, accepted money well in excess of the individual campaign contribution limits; 2) spent that money to hide his extramarital affair with Rielle Hunter; and 3) in violation of federal campaign finance law, failed to disclose either the donations or the expenditures….

“…The real question with respect to the government’s point number 1) is whether the hundreds of thousands of dollars were given to Edwards ” for the purpose of influencing any election for Federal office.”  Subject to a whole lot of irrelevant exceptions, that’s the statutory definition of a “campaign contribution.”  It is nearly inconceivable that the money for hiding the Hunter affair was not “for the purpose of influencing” the 2008 Presidential primary.  What other possible purpose could it have served? Continue reading →

False Leaders, GOP Division, Part I : Sarah Palin on Paul Revere’s Ride

/ Jack Marshall / 23 Comments

"What the HELL did she just say about me?"

“He who warned, uh, the … the British that they weren’t gonna be takin’ away our arms, uh, by ringin’ those bells and, um, by makin’ sure that as he’s ridin’ his horse through town to send those warnin’ shots and bells that, uh, we were gonna be secure and we were gonna be free … and we were gonna be armed.”

—-Sarah Palin, recounting the famous ride of Paul Revere during her bus tour.

I can’t criticize Herman Cain for mixing up the Constitution and the Declaration of Independence, as well as score Michele Bachman for putting the “Shot Heard Round the World” in New Hampshire, and neglect to express my disgust at Sarah Palin’s inability to tell a story that every grade schooler should be able to recite by heart. Yes, I admit to being something of a Paul Revere fan, but I also am not touring the country on the pretense that I am reminding Americans of their legacy and values.

This is classic Palin, repeating her slovenly modus operandi on display from the moment she was thrust into the national spotlight. She fakes almost everything she does. She is glib and charismatic, and no dummy (though she does some stunningly dumb things). She has many of the most important traits of successful leadership, except indispensable basics like diligence, integrity, and respect for her constituents’ intelligence. Being a leader also takes dedication, hard work and attention to details: you can’t fake and jive your way through on charm and passion alone. Continue reading →

Comment of the Day: “The Death of Raymond Zack”

/ Jack Marshall / 1 Comment

Raymond Zack

Buck Best, a Northern Virginia firefighter and supervisor, weighs in with his expert perspective and nuanced insight regarding my post on the Alameda, Cal. incident involving a suicide by drowning. His wife Lianne had another Comment of the Day earlier this week; if this keeps up, I will have to call the feature “Best Comment of the Day.”

“As an 18 year veteran of the Fire Dept. and the last ten years as the Officer of a Technical Rescue team that would be responsible for just such a rescue, let me offer another perspective to this ethical question. The Fire service much like many other organizations in recent history are governed by politics and litigation. The management of the organizations are always looking to the risk analysis of any potential situation based of the money that is available. The risk analysis is not based as much on the physical risk as it is on the financial or political risk. Continue reading →

Today’s Ethics Quiz: How Do You React To Congressional Insider Trading?

/ Jack Marshall / 13 Comments

 

Gekko for Congress. He has what It takes...Insider trading experience!

An  study in the journal Business and Politics last week reported that the investments of members of the House of Representatives outperformed those of the average investor by 55 basis points per month, or 6 percent annually. It concluded that lawmakers are taking advantage of inside information to make significant profits, engaging in conduct that would send a Gordon Gekko or Martha Stewart to jail.

“We find strong evidence that members of the House have some type of non-public information which they use for personal gain,” the four researchers who authored  “Abnormal Returns From the Common Stock Investments of Members of the U.S. House of Representatives” wrote. Continue reading →

Setting the Fairness Alarm For Congressman Weiner

/ Jack Marshall / 5 Comments

Set alarm to "Unfair".

Rep. Anthony Weiner (D-NY) is embroiled in a strange and distasteful controversy arising from the receipt by a young woman of a tweet from Weiner’s Twitter account including a photograph of a man’s provocatively bulging underwear–with both the garment and the bulge-producing contents allegedly belonging to the Representative.  Such situations require the media, the public, political allies and foes alike to set their ethics alarms to “Fairness,” because being unfair is so easy and seductive.  If your ethics alarms are properly calibrated, here is what should feel fair and unfair to Congressman Weiner.

Unfair: Assuming he sent the photo. He is a Congressman, an elected representative of the nation’s legislature. Just because other Congressmen (now ex-Congressmen) have, within memory, sent shirtless photos of themselves over the internet to troll for sex and giddily described having “tickle fights” with staff members does not have any probative value regarding what Rep. is or is not capable of doing. He claims his account was hacked as a prank. He deserves the benefit of the doubt until there are legitimate reasons to question his credibility on this issue. Even then, I think we owe it to him and our faith in democracy to begin with the assumption that a member of the U.S. House of Representatives couldn’t possibly be so crude, irresponsible and stupid as to send a photo of his crotch to a young woman. Continue reading →

The Death of Raymond Zack: No Heroes, Only Bystanders

/ Jack Marshall / 60 Comments

50-year-old Raymond Zack waded into the surf on an Alameda, California beach and stood calmly in the 54-degree water, apparently waiting to die. His suicide took nearly an hour, but eventually he drowned, with no rescue attempts from any of the 75 San Franciscans who gathered on the shore to watch the entire tragedy.

Why didn’t anyone try to rescue the man?

Apparently it was because nobody was paid to do it. You see, stopping Zack from killing himself wasn’t anyone’s job.

The media’s focus in reporting yet another disturbing incident with echoes of the murder of Kitty Genovese has been exclusively on the inert Alameda police and firemen who witnessed Zack’s suicide. “Fire crews and police could only watch,” wrote the Associate Press.

What does the AP mean, “they could only watch”?  Were they shackled? Held at gunpoint? Were all of them unable to swim? They didn’t have to watch and do nothing, they chose to watch and do nothing, just like every one of the bystanders who weren’t police or firemen chose to be passive and apathetic when saving a life required action and risk. Continue reading →

Ethics Dunces: Joe Klein and Chris Matthews

/ Jack Marshall / 5 Comments

John Edwards agrees with Chris Matthews

Journalist Joe Klein has been a candidate for an Ethics Dunce award for a long time, because he has been ethically suspect or worse for a long time. His defining integrity moment came when he lied about his authorship of the Bill Clinton roman-a-clef, “Primary Colors.” Since that time, Klein has gradually evolved into a shamelessly biased and ethically muddled political commentator from the left. Too bad. He’s a perceptive guy and a wonderful writer, but he makes his living now shooting from the hip, so we seldom get the benefit of his best qualities.

It was inevitable that the Chris Matthews Show would allow Klein’s ethical blindness to reach full flower.  Matthews has been on his own journey of self-diminishment since MSNBC decided to become the anti-Fox; where once he could be counted on to treat the issues of the day fairly and avoid partisan cheerleading, the Obama years have seen him abandon any effort at objectivity or even-handedness. Matthews’ Sunday morning panel show now eschews ideological balance and has Matthews posing questions to a rotating group of reliable conservative-bashers, with an occasional straight journalist mixed in who at least pretends to be neutral.  On Sunday, Matthews asked his panel about the appropriateness of the Justice Department’s prosecution of uber-cad John Edwards for violations of the federal election laws. It’s not a bad question, and reasonable people can disagree about the answer. The charges against Edwards stem from solicitation of large cash gifts from two long-time friends and supporters while he was simultaneously running for president and trying to cover up the existence of his love-child with Rielle Hunter and the adulterous affair that spawned her.  The money was given directly to Hunter, raising a legal question as to whether it was really a campaign contribution at all. Continue reading →

Gov. Mitch Daniels’ Self-Validating Decision

/ Jack Marshall / 9 Comments

"My wife, may she always be right, but my wife right or wrong!"

“Simply put, I find myself caught between two duties. I love my country; I love my family more.”

Thus did Indiana Governor Mitch Daniels remove himself from consideration for the 2012 GOP presidential nomination, breaking the hearts of Mitt Romney haters everywhere. Seldom have eighteen words launched so much ethical analysis, or what passes for it in the media.

Washington Post columnist Ruth Marcus, for example, applauded the Governor’s priorities while accusing Daniels of “throwing his wife under the bus.” Her point was that Daniels did not have to make it so crystal clear that his wife vetoed his own desire to run, that he should have simply said that he declined, and leave it at that. Indeed, that would have been chivalrous and kind. For a public servant and politician, however, it would also have been dishonest and wrong. Just as the public needs to know why a public figure is running for president (Gingrich: Because he’s deluded….Trump: Because its good for his TV ratings…), it needs to know why a public figure is not. Continue reading →

The Attack of the Grievance Bullies Continues…on “Napoleon Dynamite”???

/ Jack Marshall / 1 Comment

So...I guess "Tropic Thunder" is out of the question, right?

A bulletin from the Austin (Texas) Parks Foundation:

“The Austin Parks Foundation is canceling tonight’s (Wed, 5/25) showing of Napoleon Dynamite at Republic Square. A new movie will be shown next month. A number of people contacted us objecting to a word used by actors in the movie. We didn’t recall that this word was used and we did not mean to offend anyone. Our apologies for this as well as for the last minute cancellation.”

The PG movie, you see, about a maladroit teen, upset advocates and defenders of the mentally challenged, or whatever code words are deemed politically correct these days–I haven’t checked my “Offense-O-Meter” in the last couple days—because one of the characters uses the word “retarded” exactly once…not to describe someone who is actually laboring with a disability, mind you, but to insult his friend, as teenagers are wont to due, and as they were especially wont to do in the Eighties, when “retarded” was used the way my generation used “spaz.” In other words, there was no justification whatsoever for either the complaint or the movie’s cancellation. Continue reading →

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 1 Comment

To be more accurate, the heroic component in this instance is the liberal wing of SCOTUS ( Justices Sotomayor, Kagan, Ginsberg, and Breyer) plus the swing vote, Justice Kennedy, who wrote the majority opinion in Brown v. Plata.  The decision upheld a court order requiring California to release a staggering 46, 000 inmates of its prisons, more than a fourth of the those sentenced there. The majority concurred with the lower court’s assessment that California prisons were so obscenely over-crowed that conditions amount to a human rights violation and a breach of the constitutional prohibition on “cruel and unusual punishment.”

Some Supreme Court decisions come down to ethics as much as law, and this was certainly one of those times. At issue from a legal standpoint was  whether federal judges had the power to order the release of state prisoners as a necessary means of curing a constitutional violation. But the brilliant legal minds on the conservative side of the Court’s divide had no problem answering that question in the negative, and persuasively too.  The dilemma is that California’s least sympathetic citizens, its residents of the state’s penal institutions, are being kept in conditions that violate their constitutional rights, and despite many years of knowing about the problem, the state hasn’t found a way to rectify it. Continue reading →