Leadership

The Saga of the Racist Juror and the Angry Judge, Chapter Two: “Never Mind!”

/ Jack Marshall / 5 Comments

 

"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

 

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading →

Ethics Hero: Fox

/ Jack Marshall / 7 Comments

Now if you want to see a mad prophet on TV, you'll have to watch "Network." Thank you Rupert, Roger, Fox!

The Fox network, in ending its relationship with Glenn Beck after the expiration of his current contract as it announced yesterday, placed principle over profit. In today’s culture particularly, that is always a welcome development, an ethical one, and deserving of praise.

I can comfortably assign Fox Ethics Hero status and discount the braying from partisan Beck-haters like Media Matters, the shamelessly one-sided “media watchdog” that has declared “war” on Fox because it dares to deliver news from a generally conservative perspective. Beck was not brought down by their attacks, or by the boycotts against him by various interest groups. His show was still one of the most watched current events programs on cable, and Fox was still making money on it. The demise of Glenn Beck’s Fox show was not an example of successful suppression of conservative opinion by the Left. Continue reading →

Conflict of Interest, Lack of Integrity, Appearance of Impropriety…Other Than That, Gov. Walker, It’s A Great Hire!

/ Jack Marshall / 15 Comments

"Why, no, his father's financial support played absolutely no part in his landing this plum job...I mean, just LOOK at him! He blew the competition away!"

Politics involves deals and trade-offs, quid pro quos and mutual back-scratching. The trick is to be a politician without undermining the public trust, and using those deals to benefit, not harm, the public interest. That means that certain deals, even relatively typical ones, may be unforgivable under certain circumstances. A prime example: Wisconsin Gov. Scott Walker’s hiring of Brian Deschane to oversee environmental and regulatory matters and a large staff at the Wisconsin Department of Commerce. Continue reading →

U.S. Attorney General Ethics, Rule #1: Remember What Your Job Is

/ Jack Marshall / 10 Comments

"I am acting based on the expressed instructions of my client, who is, unfortunately, a moron."

How does the nation’s highest ranking lawyer forget what a lawyer’s job is? If I had to guess, I would say it could happen when the U.S. Attorney general in question is thinking about politics more that the law, and has been under such continuous fire from the public and the media for repeated bungles that he no longer knows who he’s working for.

But that would just be speculation on my part.

We know for certain, however, that U.S. Attorney General Eric Holder delivered a statement announcing that Khalid Sheikh Mohammed and his four co-conspirators would be tried by a military tribunal at Guantanamo, and not in civilian trials in the U.S. as the Obama Administration had preferred. In the middle of this statement, Holder says, Continue reading →

Outrageous Corporate Conduct 2011: Transocean’s Unconscionable Bonuses

/ Jack Marshall / 11 Comments

"Sure, but other than THAT: great night at the theater, right?"

I believe that much of the time the corporate sector is unfairly treated by the media, politicians, and the public. Part of this conviction arises from my experience working at the U.S. Chamber of Commerce, directly under its current president when he was a rising young Turk. I dealt with corporate executives every day, and got to see the challenges of big business from their side. Most of the time, they struck me as genuinely concerned about workers, communities, fairness, while believing, of course, that an unfettered private sector was in the economic interest of everyone.

Increasingly, however, I see corporate behavior that is so arrogant, so transparently greedy, so contemptuous of the public’s intelligence, so blatantly, obnoxiously wrong that I wonder if it was all a dream. There was AIG, accepting billions from American taxpayers to save it from the consequences of its own fiduciary crimes, immediately spending some of it on lush retreats and parties for its executives. There were the leaders of Goldman Sachs, telling gape-jawed U.S. Senators that, no, they didn’t see anything unethical about selling their trusted clients investment products so awful that the company made money betting on their failure. There are the U.S. banks, hoarding their money and refusing to refinance mortgages that were unconscionable to begin with,  preferring to make the nation’s economic problems worse by foreclosing on families’ homes rather than making a good faith effort to undo a human and social catastrophe that was substantially of their own making.

Now comes the news that Transocean Ltd., owner of the Deepwater Horizon oil rig, has announced that it is giving millions of dollars in bonuses to its executives after “the best year in safety performance in our company’s history.”  Which seems perfectly reasonable, unless you want to make a big deal over that one little Gulf oil spill incident last April…you know, the one that began when a Transocean oil rig exploded, killing eleven people including nine Transocean employees. Continue reading →

Oh, All Right: Montana State Rep. Alan Hale is the Incompetent Elected Official of the Week

/ Jack Marshall / 6 Comments

Rep. Marino just got bumped to second place. Here is the Republican Montana state rep (also bar owner) Alan Hale—no relation, presumably, to the actor who played the Skipper on “Gilligan’s Island,’ or his almost identical and more versatile, father, Alan Hale, Sr., who played Little John to Errol Flynn’s Robin Hood in the MGM classic film—extolling the virtues of drunk driving.

No, seriously.

Integrity Check: Obama’s Embarrassing Transparency Pledge

/ Jack Marshall / 3 Comments

President Obama is getting a mixture of ridicule and contempt from some pundits over the revelation yesterday that he accepted an award for transparency in secret. From Forbes:

“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.”

I can guess why the President didn’t want to publicize the meeting: the same day, he had to go on television and explain why he hadn’t been transparent to the U.S. Congress about his military plans in Libya. Or perhaps he knew that the news was about to leak that the Fed had secretly sent billions in loans to foreign banks during the financial crisis, not telling the public because it would make them worried and angry. Or maybe it was the just the dawning realization that transparency in government is often neither wise nor safe, and that he was sick of being embarrassed by awards that only point  up the yawning chasm between Obama’s idealistic words and reality. (See: 2010 Nobel Peace Prize) Continue reading →

Incompetent Elected Official of the Week: Rep. Tom Marino (R-PA)

/ Jack Marshall / 9 Comments

Thank God we're not in AFRICA...

Rep. Tom Marino (R-PA), talking to the Scranton Times-Tribune this week, criticized the Obama administration’s actions in Libya.

“Where does it stop?” he said. “Do we go into Africa next? I don’t want to sound callous or cold, but this could go on indefinitely around the world.”

Marino is still a member of the House Foreign Affairs Committee, as well as the House subcommittee on African foreign policy.

Libya, meanwhile, is still in Africa.

Baseball Season Opener Special: The Little League Baseball Ethics Challenge

/ Jack Marshall / 3 Comments

The Bad News Bears never had to face a problem like THIS...

The baseball season began March 31, with most teams, including my beloved Boston Red Sox, starting play on April 1. To salute this landmark, which annually signifies the date on which my mood changes from irritable to gay, I am presenting my favorite baseball related ethics post, from 2005. It is still a story with many difficult ethical dilemmas, one that explores the proper application of rules,  ethics, sportsmanship, the importance of winning, balancing the welfare of a team with the needs of the individual, and more. Here is “the Little League Baseball Ethics Challenge.”

Play Ball! Continue reading →

The Giffords Fiasco, Continued: “Gaby Giffords For Senator”

/ Jack Marshall / 13 Comments

Would Arizona Democrats run El Cid for the Senate?

The Gaby Giffords saga has officially moved from irresponsible to offensive.

If Rep. Giffords, shot in the head by Jared Loughner in January, is able to return to her challenging job after such a violent brain injury, she will be the first such victim to do so in medical history. She has been incapacitated for three months, and her inability to return to her duties for the rest of 2011, one-half her term, is assured barring a miracle of Biblical proportions. But no effort is being made to fill her de facto empty seat, and it increasingly looks as if her staff, party and supporters are determined to keep her in a job she cannot perform, Arizona and the Congress be damned, for her entire term.

This is irresponsible enough, but now there is this: the New York Times reports that Giffords’s aides, backers and supporters are seriously laying the groundwork for Giffords—who currently cannot speak, except in short sentences—to run for retiring Senator Jon Kyl’s  seat 2012: Continue reading →