Workplace

Unethical Quote Of The Week: Law Professor Orin Kerr

/ Jack Marshall / 19 Comments

“If I understand the history correctly, in the late 1990s, the President was impeached for lying about a sexual affair by a House of Representatives led by a man who was also then hiding a sexual affair, who was supposed to be replaced by another Congressman who stepped down when forced to reveal that he too was having a sexual affair, which led to the election of a new Speaker of the House who now has been indicted for lying about payments covering up his sexual contact with a boy. Yikes.”

—Prof. Orin Kerr on The Volokh Conspiracy.

Hatert as coachI thought more highly of Prof. Kerr, who belongs to the left end of the group of provocative libertarian legal scholars who make up the commentariat on the erudite blog, recently annexed by the Washington Post, than to believe him capable of abusing his authority with this kind of hackery. He is endorsing  the deceitful “logic” of Hustler publisher Larry Flynt.

Well no, Professor, I guess you don’t understand history properly, or government, or ethics for that matter. Clinton was not impeached for lying about a sexual affair, though that was the tactical spin placed on the impeachment by Clinton’s defenders.

Bill Clinton  was impeached for lying about a sexual affair under oath, before a judge, in court, an act that would get you, as well as any other lawyer, disbarred. If you don’t obey the law enough to be a lawyer, you don’t respect the law enough to be trusted to defend the laws of the land as President of the United States. He was also impeached for lying to a grand jury, another crime, and using his high office, his appointees and his staff to cover up his lies, which is obstruction of justice.

He was also impeached because he was President of the United States, the role model and exemplar for good citizenship, lawfulness and good behavior for the entire nation, and because the relationship in question occurred during his tenure in office, during the working day, and  with a low-level employee in violation of the principles under lying the sexual harassment law he had signed into law himself.

None of this was true of Newt Gingrich, Bob Livingston, and Dennis Hastert, the three GOP Speakers Kerr is referring to. Continue reading →

A Naked Teacher Principle Application That Nobody Will Disagree With! At Least I Hope Not…

/ Jack Marshall / 7 Comments
...especially with her new boobs....

…especially with her new boobs….

Amazingly, this is the first bona fide sighting this year of the Naked Teacher Principle, an Ethics Alarms standard, and it is, as Hazel used to say, “a doozy.” (Yes, I will continue to try to educate younger readers in the finer points of Sixties pop culture no matter how obscure the reference is. Look up Ted Key, Shirley Booth, Don DeFore, and The Saturday Evening Post, my children…)

Since it has been so long, here is the NTP:

The Naked Teacher Principle: The Principle states that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The original formulation of the NTP can be found here. It has had many tweaks and variations since, which can be found here.

Now hold on to your hats, public school fans. Here is the recent story that it governs: Continue reading →

The Progressive Corruption Of And Betrayal By The Democratic Party, PART 1: The Return Of Paula Jones

/ Jack Marshall / 41 Comments
"Psst...remember not to smirk when you lie..."

“Psst…remember not to smirk when you lie…”

Paula Jones is speaking out again after almost 16 years. Good.

I can’t say she is an ethics  hero, for she has vengeance on her mind, and maybe even some desire to cash in…or who knows? Maybe she can get a stipend from the Clinton Foundation to keep quiet. Nonetheless, her reemergence is a good thing.  Too many have forgotten, or indeed never learned, about how she was sexually harassed by Bill Clinton when he was a governor and she worked for Arkansas, and systematically vilified and denigrated by Hillary, the Clinton team, and soulless Clinton enablers in the media before her lawsuit exposed the Monica Mess. I had even forgotten how outrageously she was treated, and I had followed the cases carefully.

I had not forgotten, however, the disgusting Democratic and feminist hypocrisy where she was concerned. Back in 1997, I remember confronting a prominent female trial lawyer, outspoken feminist, and then president of The Association of Trial Lawyers (before they changed their name to the stealth “American Association for Justice” to hide the fact that they were lawyers) whom I overheard trashing Jones as a lying, politically-motivated gold-digger. Recalling that during the Clarence Thomas hearings she had sported an “I believe Anita Hill” button, I asked her, in a room full of people, “Why don’t you believe Paula Jones, if you believed Anita Hill?” She just walked out of the room. She believed Anita Hill, whose accusation of  ClarenceThomas was entirely politically motivated and unprovable, because she wanted to. She didn’t believe Paula Jones, who had a much stronger case, because Jones was a big-haired, working-class woman who dared to try to hold accountable a powerful, liberal, serial sexual predator that her association had contributed millions to elect. She was ashamed of the answer to my question. She should have been.

Here’s Paula on the “most admired living President” and the presumptive standard bearer for the Democratic Party in 2016, who will be running on a pro-women platform and accusing Republicans of waging a “war on women”:

‘There is no way that she did not know what was going on, that women were being abused and accosted by her husband. They have both lied…She should not be running with the terrible history they have.  Who would want Bill Clinton back a second time, doing the same stuff he was doing before, philandering with women?…He does not have a right to be in the White House to serve the people the way he treated women, sexually harassing women. There were many women that came out and spoke out about what he did to them. He does not have a place in the White House to serve the American people.”

Have you forgotten? Here was the key section of Jones’s deposition that the Clinton team, guided by Hillary, claimed was all fabricated: Continue reading →

Unethical Words And Actions Have Consequences Dept.: The Baltimore Shooting Spree

/ Jack Marshall / 21 Comments

baltimore-police-attacks

Since the Freddie Gray incident, Baltimore’s murder and criminal violence rate has climbed to record-setting levels, with over a hundred shooting deaths in the city this year. The Charm City’s police reported that 28 people were shot, and 9 of them killed, over the Memorial Day weekend alone.

Speaking to CNN anonymously, a Baltimore police officer attributed the spike to police officers in his city no longer doing their job proactively. This wasn’t a slowdown, he said, just low-risk policing, and the criminals are taking full advantage.

This seems extremely likely, and I would expect that the same phenomenon will take hold in other city police forces unless national leadership takes steps to…oh, what am I talking about? That’s not going to happen.

President Obama and Eric Holder’s racialized Justice Department planted the seeds of this with their irresponsible response to the Trayvon Martin and Mike Brown shootings, and those responses were modeled by a biased, unethical and politically ambitious state’s attorney in the Freddie Gray death. The war on police officers by African-American activists, Democrats and the Left was bound to have the result we are now seeing in Baltimore. Either the opportunistic pols, pundits and race-baiters wanted this, or they were too focused on gaining a political edge to foresee it. Now they are reaping what they have sown, and we should not allow them to deny accountability.

Why would any police officer engage in proactive policing when an unexpected turn of events, a resisting suspect or a single mistake in judgment under pressure will trigger protests and prejudging by mobs and the media, resulting in show trials ordered by cowardly prosecutors regardless of the evidence? It is a no-win situation for police, with personally, financially and professionally catastrophic consequences to an individual cop who ends up in the maw of one of these public lynchings. I expect that the next shoe in the process of dropping will be a sharp reduction in police recruits, except of the type that departments use at their peril.

There is no reason for any sane or intelligent individual to subject themselves to working conditions like this, where a disproportionate number of criminals and suspects he or she is going to encounter are African American, and any negative consequences to one of them under ambiguous circumstances will be attributed to racism, bias, homicidal tendencies or hate. We are going to end up with police forces made up entirely of insane or stupid cops.

CNN’s Carol Costello interviewed an African American community activist from Baltimore and asked the question I just did. His answer was a defiant “Because it’s their job!” Wrong. The job was not accepted with the risk of being thrown to the dogs by the Justice Department, state and local officials as an agreed-upon condition of employment. Police must be able to assume, as they once could, that the city, state and national leadership will support them and be reasonable regarding the occasional tragedies that the nature of the job will inevitably entail. Now they clearly cannot.

Had the pendulum swung too far to giving police the benefit of the doubt in every instance? Absolutely. Where the pendulum is swinging now, however, will result in urban chaos. That chaos, ironically, will fall most heavily on African American. 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 →

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

/ Jack Marshall / 8 Comments
Police games...

Police games…

Fred, my tireless and apparently sleepless issue scout, alerted me to this ugly story out of Florida:

MIAMI (AP) — A handful of Miami Beach police officers sent hundreds of racially offensive and pornographic emails and possibly jeopardized dozens of criminal cases in which they are witnesses, the department’s chief said Thursday. An internal investigation revealed that two of the 16 officers were high-ranking within the Miami Beach Police Department and were the main instigators, Chief Daniel Oates told reporters. One has retired, and the other was fired Thursday.Oates said the probe revealed about 230 emails demeaning to African-Americans and women or pornographic in nature. Many were depictions of crude racial jokes involving President Barack Obama or black celebrities such as golfer Tiger Woods. One shows a woman with a black eye and the caption, “Domestic violence. Because sometimes, you have to tell her more than once.”

One of the racially offensive emails depicted a board game called “Black Monopoly” in which every square says “go to jail.” Miami-Dade State Attorney Katherine Fernandez Rundle said about 540 cases in which the officers were witnesses are being reviewed to determine if they are tainted racially. Some charges could be dropped as a result or prisoners freed from jail

Fred comments, beginning with the favorite Ethics Alarms first step to ethics analysis:”What’s going on here? A widespread failure of leadership and personnel screening.”

That, for sure. Unfortunately, there is even more:

1. Number 2, after leadership, is training. It is mind-blowing that any police officers in the United States of America would not be aware of the degree to which such conduct jeopardizes community relations, trust and the effectiveness of the department, but I read about equally idiotic e-mail behavior from judges, lawyers, elected officials and business executives weekly. The message that this kind of thing is as destructive to the department and everyone in it, and won’t be tolerated even once, must be sent regularly, formally, and emphatically. Obviously, it wasn’t.

2. Do such e-mails prove that the Miami Beach police, or even the police officers involved, perform their jobs in a racist manner? The answers are 1) no, and 2) it doesn’t matter.

Once anything like this becomes public, trust is impossible for two reasons. First, it is more likely than not that someone who thinks e-mails like these are amusing does not sufficiently respect women and minorities, and second, it is beyond argument that their judgment is horrific. People who think it’s amusing to denigrate any group are not certain to be racist in their interactions with such groups, but given a choice, those groups would rather take their chances with someone else, and so would I. Meanwhile, people whose judgement is this horrific shouldn’t carry guns. Continue reading →

Ethics Dunce: CNN Morning Anchor John Berman

/ Jack Marshall / 5 Comments
When to you break out the dick jokes, John?

When to you break out the dick jokes, John?

There is apparently no way to stop the trend of supposed professionals polluting our discourse, and the airwaves by inflicting gratuitous vulgarity on us, apparently in the mistaken belief that doing so is clever and cute. It isn’t. It’s unprofessional, juvenile and embarrassing.

CNN anchor John Berman is the latest to join the smut brigade. Announcing a promotion for CNN’s evening entertainment show, “Somebody’s Gotta Do It” starring Mike Rowe, in which Rowe will be doing something—I really don’t care—involving boulders—Berman smirkingly began, “Mike Rowe shows us big stones!” Nice. And stupid. Kate Bolduan, sitting next to him, seemed visibly annoyed, and when he repeated the “joke” after the break, said, curtly, “Please stop.” Continue reading →

Ethics Dunce: Grandstanding Topeka Waitress Chloe Hough

/ Jack Marshall / 17 Comments

tip the schoolsToday was apparently “Popular Unethical Conduct Day.” This isn’t as bad as a mother having a police officer terrorize her little boy, because governor abuse isn’t as bad as child abuse. It’s still wrong, and in several ways.

Waitress Chloe Hough was in her final shift in her last day as a waitress at a Kansas barbecue restaurant, and found herself serving conservative Kansas governor Sam Brownback. The controversial  Republican  recently pushed to replace Kansas’s education funding system with a  “block grant” program that cuts millions of dollars from  public school budgets.

Hough decided to use the opportunity to make a snarky, meaningless protest comment on his check, and grandstanded by posting a photo of it on Facebook.

“I just knew I had to say something or I would regret it,” she told a TV station.  Of course, she really would have regretted it if she hadn’t already quit her job. She was rude to a customer (wrong), compromised the service of her employer (wrong); embarrassed her employer (wrong);used her job illicitly to make a personal political statement (wrong), and posted the restaurant’s document without permission on Facebook. If the restaurant shares tips among servers, she also gave away money belonging to her colleagues without their permission. Wrong, wrong, wrong.  She did all of this knowing that she wouldn’t suffer any consequences, since she had already quit. It was hit and run unethical conduct, and a cowardly betrayal of trust. The legitimacy of her political critique is irrelevant.

I hope the restaurant withholds her final paycheck, and to any other employers out there, remember that name: Chloe Hough. She’s untrustworthy and disloyal, and if you hire her, you deserve what you get.

Emoji Ethics…Oh, All Right, I Won’t Be Coy: The Unethical Firing Of Chad Franks

/ Jack Marshall / 22 Comments

Screen-Shot-2015-04-28-at-10.50.42-PM

Would you fire someone based on that tweet? Is it so horrible to you, so seering to your senses, that it warrants harming a human being’s career and welfare? Can you even detect what it was that got its author fired? Could the person doing the firing believe that he or she would deserve firing for such a tweet, as in, say, The Golden Rule?

Has the world gone mad?

First the basics: What the hell is an emoji? From Wikipedia:

“Emoji (絵文字（えもじ）are the ideograms or smileys used in Japanese electronic messages and Web pages, the use of which is spreading outside Japan. Originally meaning pictograph, the word emoji literally means “picture” (e) + “character” (moji). The characters are used much like ASCII emoticons or kaomoji, but a wider range is provided, and the icons are standardized and built into the handsets. Some emoji are very specific to Japanese culture, such as a bowing businessman, a face wearing a face mask, a white flower used to denote “brilliant homework,” or a group of emoji representing popular foods: ramen noodles, dango, onigiri, Japanese curry, and sushi. The three main Japanese mobile operators, NTT DoCoMo, au, and SoftBank Mobile (formerly Vodafone), have each defined their own variants of emoji. Although originally only available in Japan, some emoji character sets have been incorporated into Unicode, allowing them to be used elsewhere as well. As a result, emoji have become increasingly popular after their international inclusion in Apple’s iOS in 2011 as the Apple Color Emoji typeface,which was followed by similar adoption by Android and other mobile operating systems. Apple’s OS X operating system supports emoji as of version 10.7 (Lion).Microsoft added monochrome Unicode emoji coverage to the Segoe UI Symbol system font in Windows 8 and added color emoji in Windows 8.1 via the Segoe UI Emoji font.”

In short, they are tiny pictures increasingly used by Twitter freaks to jazz up their tweets. If you don’t look for them, you may miss them. They are, essentially, cartoons.

Chad Shanks, who ran the NBA Houston Rockets’  Twitter account as the team’s digital communications manager, posted the above tweet to celebrate the impending end of the first-round NBA play-off series with the Dallas Mavericks. The emoji of a pistol pointed at a an emoji of a horse’s head—the Mavericks’ mascot is some kind of a horse-human hybrid monster—in the upper left-hand corner was deemed by management so vile that Shanks’ head had to metaphorically roll. The shocking, PTSD triggering tweet with its reference to cartoon violence was deleted and sent to cyber Hell, and Shanks grovelled an apology, writing, via Twitter, of course, that he was no longer with the organization:

“I did my best to make the account the best in the NBA by pushing the envelope, but pushed too far for some and for that I apologize….Sometimes you can go too far. I will no longer run @HoustonRockets  but am grateful to the organization that let me develop an online voice.” Continue reading →

KABOOM! ABC’s George Stephanopoulos’ Mind-Blowing Hypocrisy

/ Jack Marshall / 19 Comments
Why this didn't happen to George this morning, I'll never know....

Why this didn’t happen to George this morning, I’ll never know….

I honestly don’t know why this one didn’t make  GEORGE’S head explode. For most people, there is only so much hypocrisy one can engage in without breaking down and screaming, “All right! ALL RIGHT! I admit it! I’m accusing someone of doing exactly what I’m doing THE VERY SECOND I’M ACCUSING HIM!!”

I will be discussing some of the more blatant efforts by the Hillary Clinton Shameless Rationalizers Brigade to spin away the fact of her unethical creation of a serious conflict of interests and appearance of impropriety once I have put my brains back into my skull. Meanwhile, I must briefly point out one of the most shocking examples of hypocrisy I have ever witnessed from a journalist, or anyone, for that matter.

On This Week With George Stephanopoulos this morning (that was Sunday, 4/27) the opening interview was with Peter Schweizer, a conservative reporter and author of the soon to be published book, “Clinton Cash: The Untold Story Of How And Why Foreign Governments And Businesses Helped Make Bill And Hillary Rich.”  He is in the news because the New York Times and the Washington Post will be using his book, notes and sources to bolster their own investigative reporting, and one of its revelations regarding donations to the Clinton Foundation from foreign interests is already making waves for the Hillary Clinton campaign.

Stephanopoulos executed what I would call an adversarial interview, fair, but skeptical and hostile. It was also misleading, though not necessarily intentionally. George, like most journalists, isn’t too conversant in government ethics, or ethics generally. He kept hammering at the fact that no evidence of a crime had surfaced, as if that made everything fine and the story trivial. This is a classic Compliance Dodge: sneaky, dishonest, corrupt people are often expert at doing bad things without breaking the law. In fact, I just described the Clintons, and, sadly, a lot of lawyers. The fact that they didn’t break laws, or covered their tracks sufficiently not to leave evidence of law-breaking, does not mean that what they did wasn’t unethical, and seriously so. This is the case with the foreign contributions that just happen to have arrived in conjunction with matters where Clinton’ State Department had a decisive say that could benefit the donors. Accepting undisclosed contributions from such interests, in violation of a signed agreement that was a condition precedent to her confirmation as Secretary of State, is seriously unethical whether it was illegal or not. Because of this, it creates the appearance of impropriety, which officials in the Executive Branch, like Clinton, are prohibited by law from creating. This is a fact. Nothing more needs to be proved.

Stephanopoulos may not understand this, and I’ll give him the benefit of the doubt and assume he does not. If so, however, he is incompetent to perform the interview with Schweizer, who does understand it, because George should be trying to enlighten his audience, not confuse them. Harping on whether a law was broken does confuse his audience, and also abets the Clintons’ denial and confound efforts.

Schweizer was prepared; he anticipated all of the questions and the attempts to undermine his findings. He was patient and clear. Then Stephanopoulos suggested that his research was unreliable because he had worked for the Bush Administration and had ties to Republicans in the past.

Kaboom!

George Stephanopoulos was a long-time, close political aide and confidante of Bill and Hillary Clinton! Continue reading →