Professions

Inspector Generals, Intimidation, Integrity and The IRS Scandal

/ Jack Marshall / 18 Comments
IG J. Russell George. NOW I get it!

Treasury Dept. IG  J. Russell George. NOW I get it!

I certainly feel ignorant and foolish about this. Silly me: I always thought that inspector generals, those charged with flagging and investigating incompetence, corruption and wrongdoing in our government, were independent and objective, and beyond political influence from above. Why did I think that? I thought that because without such independence, what we may be getting in these supposedly honest and thorough IG reports is not the whole truth and nothing but the truth, but rather what the particular IG thinks he or she can get away with and still keep the job. Was I the only one who didn’t know this?

Thus the popular shrugging talking point by Obama Administration defenders on the partisan payroll (Jay Carney, White House staff, enabling members of Congress, Axelplouffe, etc.) and off of it (the news media) that the IRS inspector general J. Russell George “investigated” and found no political influence in the decision to target and impede conservative organizations is even more dishonest that I originally thought. That oft-repeated statement was always misleading spin, because George, by his own admission, only performed an audit, which is supposed to be the prelude to a full investigation. Now, however, a former IG has explained that inspector generals who displease the Obama high command risk losing their jobs. (Presumably this has always been a peril of the IG job, so I am not suggesting that this unacceptable state of affairs is unique to this administration.)

In his testimony before Congress, George said that he never was able to determine who, if anyone, directed the ideologically-based scrutiny, because no one would tell him. Former IG Gerald Walpin writes, Continue reading →

Ethics Quiz: Grade The Misbehaving Celebrities!

/ Jack Marshall / 52 Comments

Our subjects:

Oh, Bill...you're such a scream!

Oh, Bill…you’re such a scream!

Bill Maher, bad boy comic, political satirist and host of HBO’s “Real Time”

Maher’s fans

Ron Futrelle, former sportscaster and Las Vegas media personality

Sarah Palin, former governor, VP candidate, Fox commentator and conservative icon

All clashed over a joke made by Maher during a stand-up gig, and your challenge is to decide who gets the lowest ethics grade. Here’s what happened: Futrelle was in the audience for Maher’s show in  Las Vegas. Maher made a joke about Palin’s son, Trig, who has Down Syndrome. According to Futrelle, the joke  upset him, as well as the fact that the audience appeared to enjoy Maher’s using Palin’s innocent and mentally challenged child as a comedy topic, and laughed heartily. Futrelle began heckling Maher, eventually prompting an annoyed audience member to remind him that he was not the attraction, and suggest that he shut his gob. Futrelle persisted, and when confronted by security, left.

Through Futrelle’s blog’s account of his experience, Brietbart and the miracle of social media, Mama Grizzly Palin learned that her young son had been (again) converted into joke-fodder, and tweeted her reaction to Maher:

“Hey bully, on behalf of all kids whom you hatefully mock in order to make yourself feel big, I hope one flattens your lily white wimpy a#*.”

Our grading scale:

A  Exemplary ethical conduct.

B  Ethical and appropriate conduct that could have been better executed.

C  Acceptable conduct according to reasonable social norms

D Unethical conduct

F  Despicable conduct

Your Ethics Alarms Ethics Quiz is, therefore, to accept this challenge:

Give Maher, Maher’s audience, Futrelle and Palin their ethics grades. Continue reading →

Ethics Heroes: Criminal Defense Lawyers Katie Kizer And Amanda Graham

/ Jack Marshall / 9 Comments
It's hard to picture Perry in a skirt.

It’s hard to picture Perry in a skirt.

Setting out to change a culture is a daunting challenge, and most of us, given the opportunity to succeed without attempting such a risky task, opt for an easier path. Yet whether it is Jackie Robinson, Danica Patrick, Rosa Parks or Jason Collins, cultures need courageous reformers to keep evolving into more ethical horizons, and fortunately, the heroes eventually come along.

One culture that has been remarkably resistant to change is the practice of law, and the criminal defense bar in particular. Criminal defense is still  overwhelmingly a man’s realm, and a self-perpetuating one. The classic image of the defender of innocent (and guilty) accused criminals has been masculine for centuries, and as a result, few defendants needing a champion are likely to entrust their freedom and perhaps their lives to a defense attorney who looks like one of Clarence Darrow’s young mistresses, Perry Mason’s comely secretary Della Street, or Ann Rutledge. They want Clarence, Perry, or Abe: why take a chance?  Obstructed by such entrenched stereotypes and the need to pay off massive student loans, capable female law grads reasonably choose other legal fields, like family law, where female stereotypes work to their advantage, and avoid criminal law entirely. Consequently, no high-profile criminal trial lawyers with two x chromosomes break through the public’s consciousness, and the bias, the stereotype, and the cycle continues. Continue reading →

Ethics and “Casey At The Bat”

/ Jack Marshall / 14 Comments

casey-at-the-bat-1888-granger

Today is the 125th anniversary of the publication of “Casey at the Bat,” arguably the most popular and famous of American poems, the creation of humorist Ernest L. Thayer in 1888.

The poem carries many  lessons relevant to ethics and life within its tale of the hometown hero who fails spectacularly just when heroics are most needed and anticipated, such as…

  • Don’t promise what you cannot be sure of delivering.
  • Good faith failure isn’t unethical, a sin or a crime, but it still carries with it the need for someone to accept responsibility for it.
  • The focus of disaster is always on the last individual who might have prevented it, but that is neither fair nor logical. The Mudville Nine lost the game, not Casey.
  • Expecting miracles, last-minute rescues, heroic intervention and infallible rescuers is foolish and irresponsible.
  • Respect your adversaries, for your own sake as well as theirs.
  • “Pride goeth before a fall.”

Today, however, I am struck by how neatly the poem reminds us that in baseball there is no spin, no rock to hide under and no Fifth Amendment to claim. When a player fails, or makes a mistake, or misbehaves, it is usually all out on the field, watched in person by thousands, seen on TV by millions, and recorded forever. There is usually no way to deny or hide responsibility, and indeed part of the professionalism of baseball is accepting that, facing the media and the public, and saying, “That was on me. I failed. I’ll do better next time.”

Most of the time, that’s all the crowd asks after failure. Honesty and accountability.

As long as Casey doesn’t keep striking out, that is.

Here’s the poem, recited by the now-forgotten Bob Hope sidekick Jerry Colonna, he of the rolling eyes:

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Spark: Craig Calcaterra

Graphic: Fine Art America

Now THIS Is Incivility!

/ Jack Marshall / 11 Comments
"Thank you, counselors. We will proceed to fucking closing statements."

“Thank you, counselors. We will proceed to fucking closing statements.”

I just saw a  local Boston TV ad for Ace Tickets. The slogan at the end was “Sit your Ace down!” So clever! Just throw gratuitous vulgarity into a commercial during a baseball game, doubtlessly viewed by many children, because it’s inherently amusing. The message is that vulgarity is cool, clever and acceptable. Other messages in the media, both in advertising and in pop culture, convey the same permissive standards regarding obscenity. Over on the Drudge Report, a much-admired news aggregator for  political junkies, especially on the right, no mention of Anthony Weiner’s annoying candidacy for Mayor of New York is made without a cheap “weiner” joke. Today, Drudge noted that Weiner was “inching up” in the polls. Get it? HAR!  Just under that “gag,” the news that men favored Weiner in polling was headlined “Male Enhancement.” Soooo witty!  The U.S. is being transformed into one huge junior high school. After growing up in such a vulgar, undignified, sleazy environment, the next generation won’t be prone to inadvertently use words like “fuck” and “shit” in public forums such as live award shows and TV interviews, like our current politicians, newscasters and celebrities. They’ll just use them intentionally, all the time. Won’t that be cool? I’m sure David Letterman thinks so. Cool Dave had A.J. Clemente, he of uttering “fucking shit” on the airways in his debut as a news anchor, as a guest on his show. Dave suggested to A.J. that his ex-bosses were jerks to fire him. Good point Dave! A.J. was just ahead of his time. In a decade or so, “fucking shit” may be the sign-off of the next generation’s Walter Cronkite.

Maybe less than  a decade. Note this account, in a court opinion, of a lawyer’s conduct before a magistrate: Continue reading →

James Lipton: Proud To Be A Pimp

/ Jack Marshall / 15 Comments
James Lipton, circa. 1951

James Lipton, circa. 1951

James Lipton, he of the most pompous interview show in the universe, Inside the Actor’s Studio, has decided to celebrate that franchise’s 250th episode by cheerily revealing that he worked as a pimp in Paris in the 1950’s. This was apparently legal there and then, and Lipton, he tells us, was out of a job, so why not earn your money by recruiting desperate women into accepting cash to have sex with strangers, and take a cut of their proceeds for your trouble?

Lipton tells Parade:

“I had to be okayed by the underworld; otherwise they would’ve found me floating in the Seine.The great bordellos were still flourishing in those days before the sheriff of Paris, a woman, closed them down. It was a different time.”

Oh…you mean there was a time when dealing with organized crime was good? There was a time when it was admirable to trap innocent young waifs into the sex trade because of their poverty? To facilitate adultery and infidelity? To tell women who they had to have sex with, and accept a percentage of their fees for doing so? There was a time when doing all of this didn’t mean you were an exploitive, venal, amoral, low life?

I don’t think so. I don’t think there has ever been such a time, no matter what France may think. Continue reading →

The IRS Scandal Choice: Contrived Ignorance By The President Or Incompetentence By White House Counsel

/ Jack Marshall / 9 Comments
Unethical lawyer, or ethical pawn in an unethical plan.

Unethical lawyer, or ethical pawn in an unethical plan.

Media reports tell us that White House Counsel Kathy Ruemmler was told on April 24 that the IRS had improperly targeted tea party and other conservative groups, according to an Inspector General audit. She did not tell her client, President Obama, about the fact. [ UPDATE: Law professor and esteemed legal ethics authority Richard Zitrin correctly points out that Ruemmler’s client is the office of the President, not the President himself. So far, I have yet to be convinced that this changes the analysis below.]

There is no way to spin this that doesn’t look bad for either Ruemmler, Obama, or both. The news media has been typically inept in explaining this ethical point. If Ruemmler, on her own, decided to withhold the information to “protect” the President, she was violating her ethical duties, as well  as her duties to the President, his office, and the country. If she was following his directive in keeping him in the dark, then President Obama is guilty of the ethical misconduct of contrived ignorance, a device that is almost always accompanied by knowledge of wrongdoing and irresponsible leadership. Which was it? Continue reading →

A Side Benefit of the I.R.S. Scandal: Self-Identification By Dishonest Partisan Hacks

/ Jack Marshall / 21 Comments
You know better, Gov.

You know better, Governor.

I mentioned this once already, but it bears repeating: any spinner, excuser, minimizer or defender of the I.R.S. scandal who uses the “it was a Bush appointee” talking point has insulted your intelligence or impugned his own, as well as marked himself or herself as an untrustworthy hack. I’m taking names and making lists myself now, and it’s growing by the hour.

Yesterday I added Pennsylvania Governor Ed Rendell, whom I once believed had some integrity, and Donna Brazile. Today Richard Cohen, among others, joined the list. It really is shocking, and it’s increasingly more difficult to shock me. It is also ominous. Things we haven’t yet learned must really be ugly for such a transparently desperate excuse to be trotted out so early by people who almost certainly know what garbage it is.

Yesterday I heard Rendell literally drive Joe DiGenova, the former Attorney General, to apoplexy—Joe’s eyes were popping out of his head and I though he was going to fall over to the floor foaming at the mouth— by stating repeatedly that the I.R.S. fiasco “couldn’t be a conspiracy because a Bush appointee was in charge.” This is either unbelievably ignorant or despicably dishonest, and I suspect the latter. As I wrote in a previous post, Continue reading →

Ethics Quote of the Week: Chelsea Bacon

/ Jack Marshall / 63 Comments

“Comedy is not assuming zero responsibility over your actions. It is not telling others how to respond. It is not demonstrating the utmost hypocritical behavior in making callous, lazy, ignorant statements and then lashing out aggressively against critics. Comedy is not free from criticism. This is not an echo chamber containing only yourself and a couple other people exactly like you. You won’t need to do any of these things if you want to be a good comedian, or a decent human being for that matter.”

—-Chelsea Bacon, concluding her account of the reaction she received from male comedians and commenters when she criticized what she regarded as gratuitous sexist jokes.

You might want to read Chelsea's piece, Seth...

You might want to read Chelsea’s piece, Seth…

Bacon takes a brave and ethical stand on unpopular topics among comics, such as whether all jokes are defensible regardless of content as long as they make someone laugh, whether rape is ever legitimate joke fodder, whether exploiting minority stereotypes is fair game in pursuit of comedy, and whether it is inappropriate to criticize comedy material at all. Along the way, the dirty little not-so-secret of the gender imbalance in the comedy world also comes to light.

It is a bold and thought-provoking piece, which you can read in its entirely here.

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Pointer: Fark

Source: Little Village Mag

Media Bias At Work: A Smoking Gun From The New York Times

/ Jack Marshall / 7 Comments

Brava to blogger/ law professor Ann Althouse for catching this one.

Smoking gunYesterday, the New York Times, reporting the news, published this item:

“The inspector general… divulged that he informed the Treasury’s general counsel he was auditing the I.R.S.’s screening of politically active groups seeking tax exemptions on June 4, 2012. He told Deputy Treasury Secretary Neal Wolin “shortly after,” he said. That meant Obama administration officials were aware of the matter during the presidential campaign year.”

This is not good, you know. This means that the fact that the I.R.S. was suspected of targeting conservative groups was known in time for the knowledge to give voters second doubts about the President’s trustworthiness and veracity, not to mention judgment in signing a bill that gives that same agency massive power in distributing health care. Given the choices among revealing it as a “transparent” administration should, claiming it was the fault of a YouTube video, or suppressing the facts, the Administration chose the latter. Thus the New York Times’ website’s headline, “Treasury Knew of I.R.S. Inquiry in 2012, Official Says,” was appropriate. No spin there, just the “news that’s fit to print.” Let readers decide whether they are satisfied allowing their leaders to parcel out information so as to make sure voters are only as well-informed as its convenient for them to be. Headlines are especially important, because many readers skim the news, and the headlines are all they read. Continue reading →