Science & Technology

Unethical Clinton Quote Of The Week: Hillary Clinton

/ Jack Marshall / 12 Comments

“I have said repeatedly: I want those emails out. Nobody has a bigger interest in getting them released than I do…[A]nything that [the State Department] might do to expedite that process, I heartily support.”

—Hillary Clinton, lying her head off and, as usual, assuming nobody will notice,but, to be fair, being funnier than usual.

I’m sorry…is there a typo in that headline? Is my description overly arch? There answers are “no” and “yes, but I can’t stand much more of this.”

I think we are at the point where Clinton’s campaign has become a national ethics, integrity and intelligence test for the media, pundits, your friends and family members, and especially for Clinton supporters. For the Clintons, it’s a matter of how gutsy they can get in saying ridiculous things they know are ridiculous and expecting everyone to shrug it off…except those bad conservatives, Republicans and Clinton haters, of course. You can recognize them by the fact that they don’t shrug those statements off with a smile and a “That’s our Bill!” or “Don’t talk to my brain about the election, I’m voting with my vagina!”

The tipping point for me came a long time ago, but for anyone late to the party and capable of fair thought, it should at least have occurred when Bill Clinton justified his continued acceptance of obscene speaking fees (from likely corporate supplicants for U.S. favors and bounty after his wife becomes President) by saying “I gotta pay the bills!” This is just rubbing the public’s face in Clinton’s shamelessness, greed and corruption, and expecting everyone to like it.

Do you like it? If so, I’m disgusted with you.

The quote above by Hillary was just as outrageous; it just wasn’t quite as funny. (I’m saying that analytically: I am no longer capable of laughing at this kind of stuff from either Bill or Hillary, and I find my friends’ willingness to tolerate it tragic and diminishing.) To appreciate just how outrageous, you have to understand that it comes in the wake of the State Department announcing that it would take at least until January of 2016 to release the official emails that Hillary Clinton had to hand over because she used her own personal email server while Secretary of State in violation of government policies, including her own agency’s. (These weren’t all the e-mails, you’ll recall. She decided which she wanted the nation to see, and destroyed many thousands of them that she didn’t want to be seen, just in time to stop them from being subpoenaed.)

As State explained  in excruciating  detail, the process will take a long time because (other than the fact that the current leadership of the State Department doesn’t especially want those e-mails released either) “the Department received the 55,000 pages in paper form. The documents were provided in twelve bankers’ boxes (approximately 24” x 15” x 10 ¼” in size) with labels placed on the outside of the boxes that corresponded approximately to the time frame of the documents within a given box.”

Tech Dirt, which is not a political site and certainly not an ideological one, is falling all over itself guffawing about this and Clinton’s response to it:

“You know what would have expedited the release? First, using the State Department’s own email system while you were Secretary of State, so this wouldn’t have even been an issue. And, second, when all of this became an issue handing over the emails in electronic form, rather than in printed form in a bunch of boxes. [T] he way that Clinton has handled this whole thing is really ridiculous. Who the hell thinks it’s a good idea to print out 55,000 pages of records that were original electronic unless you’re trying to hide stuff and make life difficult for those going through it?…”

Continue reading →

Comment of the Day: “What’s Going On Here?” Ten Ethics Observations On The Miami Beach Police Force Racist E-mails”

/ Jack Marshall / 6 Comments

praise

Nothing makes me consider  shouting praise to the skies like the situation I just experienced. I find myself in a hotel, away from home, waking up feeling sick, having to prepare for a two hour ethics lecture to young lawyers and knowing that writing a new Ethics Alarms post will either make me frantic or result in a product even more riddled with typos than usual. And there it is! A worthy Comment of the Day, allowing me to present high quality ethics content that I don’t have to write myself, giving me time to work, get back home and think. (Unless I die first, because boy, do I feel lousy.)

The perfectly-timed COTD in question is by the commenter formerly known as  Penn, and involves a topic that I am speaking about this morning, e-mail. I don’t even mind that he doesn’t agree with the statements that sparked his comment: that police should be required under threat of dismissal to report racist -mails from colleagues, and that workplace e-mails have to be monitored by responsible supervisors. Here is SamePenn’s Comment of the Day on the post, “What’s Going On Here? Ten Ethics Observations On The Miami Beach Police Force Racist E-mails.”

And thank you, thank you, thank you! Continue reading →

Death Throes Of The Death Penalty: Dumb Expert, Dumb Advocates, Dumb Debate

/ Jack Marshall / 19 Comments

“Next!”

As I recently concluded, the death penalty is beyond saving, not because it can’t be defended ethically and morally, but because the issues are tangled beyond repair.

The controversy over the legality of the so-called drug cocktails that somehow became our execution method of choice is a perfect example. The battles over capital punishment trapped policy-makers into this kinder, gentler, ridiculously complicated method of execution that has suffered snafus ranging from unavailable drugs to ugly extended deaths. The problem is the floating definition of “cruel and unusual punishment,” prohibited by the Constitution, but almost entirely subjective. Many judges think killing a killer is itself cruel by definition, and the more reluctant Western Europe becomes to execute the worst of the worst, the easier it is to make the argument that the death penalty is also unusual.

I don’t get it. I never have. India once executed condemned criminals by having the subject place his head on a stump under the raised foot of  trained elephant, which on a command would smash the head like a grape. Quick, painless–messy!—but virtually fool-proof. A pile-driver would be an acceptable equivalent.  Ah, but ick! In this stupid, stupid, intellectually dishonest debate, ick always equals “cruel and unusual,” because to opponents of the death penalty, killing people, even horrible, dangerous people, is inherently icky.

(Oddly, ripping unborn babies out of the womb is not, but I digress.)

I’ve admitted it, and I will again. (This lost Ethics Alarms Luke G., one of its best commenters the last time.*) It is obviously wrong to intentionally prolong an execution or deliberately cause pain, but if the occasional execution is botched and the condemned suffers, that should be cause for great rending of garments, nor should it be used to discredit capital punishment. As I wrote here about Clayton Lockett’s execution in Oklahoma…

“There was no question of Lockett’s guilt, and his crime was inhuman. Such wanton cruelty and disregard for innocent life warrants society’s most emphatic rebuke, and the most emphatic rebuke is death. It is essential that any healthy society make it clear to all that some crimes forfeit the continued right to not just liberty, but also life. Anyone who weeps because this sadistic murderer experienced a few extra minutes of agony in the process of being sent to his just rewards has seriously misaligned values. No method of execution will work every time, and to make perfection the standard is a dishonest way to rig the debate. If the death penalty is justified, and it is, then we should expect and accept the rare “botch.” Meanwhile, if the concern really is efficiency, reliability, speed of death and minimal pain, there are literally dozens, maybe hundreds of methods of swift execution that would accomplish this. They just won’t pass the standards of death penalty opponents, because no method will.”

Today the Supreme Court heard oral arguments on the question of whether Oklahoma’s use of the common surgical sedative midazolam did not reliably make prisoners unconscious during lethal injections, thus violating the Eighth Amendment’s protection against “cruel and unusual punishment.” It’s a ridiculous case, which arises out of the botched April 2014 execution of Lockett that sparked the post I just quoted. It is a ridiculous case because the method of execution isn’t worth arguing over. Elephant. Head. Problem solved. Why is Oklahoma fighting about which cocktail to use? This is the anti-capital punishment team’s game, and sooner or later, the result is preordained.  Continue reading →

Inevitable, Unethical, Technological Incompetence By Our Governments

/ Jack Marshall / 37 Comments
Hey, what could go wrong?

Hey, what could go wrong?

The legal profession is in the midst of an ethics crisis not of its own making. New technologies, including social media, have created opportunities for vastly improved legal services, to such an extent that the American Bar Association has decreed that an ethical, competent lawyer, must use them. It has also made it clear that using them carelessly to the detriment of clients is unethical as well. It all sounds reasonable, except for this: few lawyers are equipped by education, training or nature to be adept at technology. Worse, technology is now changing so fast that few lawyers can keep up with it.

Thus they make mistakes. Costly mistakes, disastrous mistakes, stupid mistakes, and there is no learning curve, because by the time lawyers understand and master a new technology, it is no longer new, and it has taken on a different form that requires them to start all over again. The ABA and other bar associations have acknowledged this through inaction. After numerous instances where their ethical guidelines regarding the use of technology were obsolete or wrong from the moment they were issued, these bodies have resorted to general edicts only, essentially saying, “You must master available legal practice technology, and you must not screw it up. Don’t ask us how, we’re as confused as you are.”

Gee, thanks.

Unfortunately, it is not just the legal profession that is in peril from technological overload, unrealistic expectations and the speed of innovation. Our various levels of governments are, if anything, in even worse peril from the same phenomenon.

One week ago, the Virginia State Board of Elections frantically voted to  decertify use of the AVS WinVote touch-screen Direct Recording Electronic voting machine, meaning that the machines, which were used by dozens of cities and towns in Virginia, are effectively banned. Virginia is holding primaries  just two months from now, so this has thrown those local governments into a panic. The decision was unavoidable, however, after a shocking a report that demonstrated that the machines could be hacked, and elections rigged, by a 12-year-old…that is, anyone with more technological expertise than local government officials.

Continue reading →

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

/ Jack Marshall / 6 Comments

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading →

Our Child-Abusing Schools: Prosecution For A Prank

/ Jack Marshall / 26 Comments
"You changed your grade on the school computer, kid--that's the death penalty!"

“You changed your grade on the school computer, kid–that’s the death penalty!”

In Holiday, Florida, Paul R. Smith Middle School eighth-grader Domanik Green was suspended for breaking into the school computer system to  change the background on his teacher’s computer to feature a photo of two men kissing. Then school administrators decided that the punishment wasn’t enough. They had him charged with the felony of computer hacking, and the fourteen year old will be tried as an adult.

The only explanation I can come up with for stories like this is that the school administrators don’t like kids. This wasn’t some sophisticated hack, like the stuff Matthew Broderick did in “War Games.” He knew the teacher’s password (his last name), and just changed the background. Changing a teacher’s background on his computer is the 21st century equivalent of putting an uncomplimentary caricature of the teacher on the blackboard. Charging a teen with a felony for that is excessive and cruel.  Putting in his own claim to a share of the Fascist Disciplinarian of 2015 award was Pasco County Sheriff Chris Nocco, who blathered, “Even though some might say this is just a teenage prank, who knows what this teenager might have done.”

Better shoot him, Chris, just to be safe. Continue reading →

Once Again, President Obama Displays His Aversion To Accountability

/ Jack Marshall / 11 Comments
It's far from the only missing piece in the Obama leadership puzzle, but it's a big one...

It’s far from the only missing piece in the Obama leadership puzzle, but it’s a big one…

The so-called liberal news media (also called “the news media”) has largely ignored the implication of the President’s recent comments on the link between child health and climate change, but not every source. In a couple of recent interviews, Obama has attributed his determination to control global warming to a personal interest in childhood asthma.

A White House “fact sheet” on climate change notes that the percentage of Americans with asthma has “more than doubled’ in the last three decades [ I haven’t checked these statistics; as you know, the President fudges numbers frequently], and says that “climate change is putting these individuals and many other vulnerable populations at greater risk of landing in the hospital,” with those at greatest peril including children, the elderly, the poor, those who are ill and minority communities. “Rising temperatures can lead to more smog, longer allergy seasons, and an increased incidence of extreme-weather-related injuries,” the document informs us.

Speaking on ABC with chief health correspondent Dr. Richard Besser, the President connected climate change to a frightening Obama family episode. “Well you know, Malia had asthma when she was four, and because we had good health insurance, we were able to knock it out early,” the President said. The children of less successful parents, however, won’t be as lucky, Obama said. “It will be an all-around benefit to society if asthma can be curtailed.”

This is standard issue climate change fear-mongering, along with the convenient and cynical use of children to drive emotional responses from the public rather than allow them to rationally weigh facts, options, and the balancing of costs with benefits and risks. The entire climate change debate has been waged in this unethical manner, on both sides of the issue, and thus has been incompetent, irresponsible, and untrustworthy.

There is something else here, however.

USA Today makes a strong case that there was another more likely cause of Malia’s breathing problems: her father. Continue reading →

Now THIS Is An Unethical Lawsuit!

/ Jack Marshall / 23 Comments

chuck.chuck_

A New Mexico appeals court has refused to overturn the summary judgment dismissal  of Arthur Firstenburg’s five-year-old lawsuit against his neighbor Raphaela Monribot, whom he had accused of causing him excruciating pain and discomfort by using her iPhone, a Wi-Fi connection, dimmer switches, and other electronic devices in her own home. Firstenburg says that he suffers from electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation that doctors and and scientists almost unanimously (but not quite) believe doesn’t exist.

Because Monribot had the misfortune to live next door to this guy, she had to defend against a $1.43 million lawsuit that has racked up court costs of over $85,000, and heaven knows what in legal fees. Firstenburg is not paying for any of it because he is broke; his lawyer, Lindsay Lovejoy, had taken the case on a contingent fee basis. She decided the appeal was a lost cause: the plaintiff handled it himself.

This case will, I assume, become the new poster child for those favoring a “loser pays” system, a bad idea that would be godsend in abuses of the system like this one. Continue reading →

Boycotting Dolce And Gabbana: Gays Becoming What They Once Hated Most

/ Jack Marshall / 47 Comments
After centuries of oppression, Gays have finally achieved the right to openly be who they are as long as they don't piss of Elton John.

After centuries of oppression, Gays have finally achieved the right to openly be who they are as long as they don’t piss of Elton John.

Stefano Gabbana and Domenico Dolce are Italian fashion design superstars, meaning that I pay no attention to them whatsoever, and don’t understand the priorities of anyone who does. Nonetheless, they have a rich and famous international clientele.. The two men were once romantic partners, but no longer; how they are just business and artistic partners, and continue to thrive.

Their thriving, however, has suffered from a self-inflicted setback. In an interview with the Italian magazine Panorama, the pair declared their lack of support for same-sex families with children created by in vitro fertilization.  “I am not convinced by those I call children of chemicals, synthetic children,” Dolce told the magazine. “Rented uterus, semen chosen from a catalog.” Gabbana added, “The family is not a fad. In it there is a supernatural sense of belonging.”

The Horror: a non-conforming opinion from prominent gay fashion icons! Can’t have that! Lapsed pop superstar Elton John, who has two sons through in vitro fertilization with his husband, David Furnish, took the remarks as a personal attack and proclaimed a boycott of the Gabbana & Dolce label. “How dare you refer to my beautiful children as ‘synthetic,’ ” Mr. John wrote on social media. “Shame on you for wagging your judgmental little fingers at I.V.F. Your archaic thinking is out of step with the times, just like your fashions. I shall never wear Dolce & Gabbana ever again.” Thus was born the hashtag #BoycottDolceGabbana.”
Continue reading →

Some Hillary E-Mail Ethics Test Results: Dowd, Carville, Maher, Whitehouse, Boxer, Huffington

/ Jack Marshall / 17 Comments

F minusLast week I pointed out that the controversy over Hillary’s secret e-mail server and the various deceits and lies she has employed to justify is invaluable, not merely as further evidence of the character of the woman Democrats seem determine to stuff down America’s throat as the next President, but also as an integrity and values test for the politicians, elected officials, pundits and journalists who choose to publicly defend her…or not.

So it has been, and continues to be. Unfortunately, Republicans and reliably conservative pundits are disqualified from the test, as they would be condemning Hillary whether there was an ethical defense of her e-mails or not. They will end up on the right side of this issue by simply following their ideological proclivities, and thus deserve no credit for being incidentally correct.

Here is what you have to remember, however: the fact the Republicans and conservatives who reached their position on this issue without giving it any thought detest and distrust Hillary Clinton and are being, in some cases, unattractively gleeful about the scandal does not make Hillary’s defense any stronger. As I explained in the earlier posts, she has no legitimate defense, just spin, rationalizations and deceit. That’s why the e-mail incident challenges the non-Hillary haters to exhibit integrity.

I was tempted to exempt Democratic strategists and Clinton consultants from the test as well, since they are, in essence, paid liars. For anyone inclined to believe them, however, the fact that these people—Karen Finney, Donna Brazile, Lanny Davis, David Brock, James Carville— will go on national TV, look an interviewer and the American public in the eye and say what they know is false should prove that their level of trustworthiness is below sea level.

Carville, for example, gave a tour de force of rationalizations on ABC’s “This Week” yesterday, making the recently popular argument that the Clinton’s just can’t get away with fudges and sneaks that other politicians do, and that this is so, so unfair.  Let’s go to the Rationalizations List! This is the Golden Rationalization (“Everybody does it”) squared by the #39. The Pioneer’s Lament, or “Why should I be the first?” (That argument is disingenuous, because the Clintons are not like everyone else. They have a long, ugly record of deception and rule-breaking. At this point, they cannot credibly claim, “We just made a mistake” —# 19 and #20. There is a pattern. Once a pattern is established, you have to be especially careful not to repeat it, or there is a rebuttable presumption that you can’t help yourself. Is it unfair to an alcoholic to make a bigger deal out of him coming home drunk than when an occasional drinker does the same thing?) Continue reading →