“A Man For All Seasons”

Ethics (and Legal) Dunces: Hillary Clinton And Everyone Else Who Is Suggesting That The Government Should Be Able To Keep Someone From Buying A Gun By Placing Them On A “No-Fly List””

/ Jack Marshall / 26 Comments

This post would be barely worth writing, except that I have just listened to several cable channels state with great urgency that it is a “controversy.”

It’s no controversy. The government cannot take away a citizen’s rights without due process. Currently, as explained in an ACLU lawsuit, the No-Fly List procedure itself appears to lack due process, so linking it to Second Amendment rights would be similarly unconstitutional:

“There is no constitutional bar to reasonable regulation of guns, and the No Fly List could serve as one tool for it, but only with major reform…. the standards for inclusion on the No Fly List are unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error. Our lawsuit seeks a meaningful opportunity for our clients to challenge their placement on the No Fly List because it is so error-prone and the consequences for their lives have been devastating.  Over the years since we filed our suit — and in response to it — the government has made some reforms, but they are not enough.”

Continue reading →

Ethics Villain: New Jersey Governor Chris Christie

/ Jack Marshall / 69 Comments

christie-endorses-trump

I am watching Donald Trump accepting Chris Christie’s endorsement for President.

How utterly unethical and despicable of Christie, who is about twice as smart as Trump and has to realize how unfit the man is to serve.

Yesterday, I read an article wondering why Christie never took down Trump during the debates, as he was the one candidate with the proprietorial tools and personality to do so. Instead, Christie ripped up Marco Rubio, then emerging as the most viable cahllenger to Trump. Now we know why. Christie had a deal. Trump bought him off.

Christie now establishes himself as one of the true villains of American political history, willing to place his nation in the hands of an unstable, unmanned, babbling autocrat without principles, wisdom or integrity for personal gain. It is nothing less than a betrayal of the country and its citizens.

To paraphrase Sir Thomas More in “A Man for All Seasons”:

“It profits a man nothing to give his soul for the whole world … but for Donald Trump, Chris?”

Just sickening.

 

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

/ Jack Marshall / 11 Comments

the_end_justifies_the_means_by_carlos0003

“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →

Ethics Quote Of The Week: The Washington Post

/ Jack Marshall / 26 Comments

“The court’s legal analysis in Arizona State Legislature v. Arizona Independent Redistricting Commission was something of a reach. But the ruling’s practical implications are unequivocally positive.”

—–The Washington Post in an editorial praising the Supreme Court’s approval of Arizon’s unconstitutional solution to the persistent problem of gerrymandering abuse.

"IGNORE WHEN INCONVENIENT" Really?

“IGNORE WHEN INCONVENIENT” Really?

The Post’s quote means nothing more nor less than “the ends justify the means.” “Something of a reach” is a shameless equivocation: John Roberts’ dissent to the 5-4 majority’s “legal analysis” —there really is none—resembles Mike Tyson slapping around Honey Boo-Boo. The decision’s argument approving the Arizona end-around the Constitution’s Elections Clause that reads, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof” can be fairly summarized as “this will work, so the Constitution be damned.” It’s not a “reach.” It’s  obvious defiance of what the document says.

It that so bad? It depends on what you think is more important, integrity or solving a problem. All of the big Supreme Court decisions in the past week have essentially raised this ethics conflict, and it is clear that the liberals on the Court is on the side of solving problems—at least as they see them— even when it means compromising what the Constitution says and what the Founders intended who drafted it, with the libertarian Justice Kennedy, who tends to lean away from laws constraining citizens anyway, often joining the  colleagues to his left. This issue is as stark an example as there can be,

Gerrymandering is unethical and anti-democratic. It was not foreseen by the authors of the Constitution, who can’t be expected to have predicted every devious political maneuver their successors would come up with to pollute their ideals. Unfortunately, the Constitution doesn’t provide a way for the public to stop the practice, other than electing less corrupt legislators, and legislators use gerrymandering to make that exceedingly difficult. A tweak of the wording in the Constitution could carve out an exception, but the Founders also made amending the Constitution in any way at all an almost impossible chore, including amending it to allow easier amending.

What’s a country to do? Well, sometimes the ends really do justify the means: that’s what utilitarianism means. If the Court can kill or limit gerrymandering by, as John Roberts felicitously put it in his dissent, gerrymandering the Constitution, it might be a good choice on balance. It benefits democracy. The conservatives argue, however, and legitimately so, that such a decision also creates a dangerous, even sinister precedent despite its good intentions (none of the Justices seem to think that gerrymandering is anything but unhealthy for democracy). What other laws that violate the plain words of the Constitution will the Court approve because its “practical implications are unequivocally positive,” to the cheers of partisans?  How many times can the Court do this before the Constitution is a dead letter, and any executive–or despot— can claim that government action, regardless of what Constitutional guarantees oppose it, is to be rubber stamped because it solves a real problem? Continue reading →

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

/ Jack Marshall / 72 Comments
"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, where Hillary Clinton spoke yesterday. Students told reporters that the Secret Service locked them in their classrooms as the Democratic presidential candidate arrived. Continue reading →

How Listening To Democrats Spin Shamefully To Excuse Hillary Clinton Makes Me Think Of Sir Thomas More…

/ Jack Marshall / 9 Comments

Today’s Sunday Morning spectacle of Democrat spin-meisters using deceitful rationalizations to make the untenable case that Hillary Clinton’s  violating her own agency’s policies to allow her the power to redact and hide her communications as needed prompts in me, in addition to disgust, a reflection on my favorite ethics drama and film. To paraphrase but slightly one of the more memorable lines from Robert Bolt’s play and screen play, “A Man For All Seasons,” delivered by the doomed martyr Sir Thomas Moore:

“It profits a man nothing to give his soul for the whole world… but for Hillary Clinton?”

 

An Ethics Breach That Matters: Betrayal Of The Rule Of Law And Democracy

/ Jack Marshall / 53 Comments
In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

The consensus among objective legal observers is that President Obama’s unilateral amendments to a bill passed by Congress and signed by him into law exceed his constitutional authority, are illegal, and violate his oath to “preserve, protect and defend the Constitution of the United States.” Worse, they create a precedent that endangers the nation’s freedom,  as protected by the rule of law and the system of checks and balances, by laying the foundation for more obtrusive and dictatorial acts by future Presidents, who are sure to notice that the negative consequences of this blatantly unconstitutional act were nil. The President and the executive branch shares responsibility for this dangerous and irresponsible display of autocratic lawmaking with both houses of Congress and both political parties, none of which have demonstrated either the integrity or the courage to oppose him, for varying reasons.

It is depressing and indeed disgusting that our successful democratic system of government  created out of the vision and sacrifices of so many men and women of character, ability and high ideals is being progressively undone by fecklessness, incompetence and political expediency. That, however, is the plot playing out on the national stage, and these are the perpetrators: Continue reading →

My 15 Hollywood Cures For A Paterno-Penn State-Sandusky Hangover, Part 1

/ Jack Marshall / 9 Comments

For this hangover, movies work better.

The past week, as much as any week within memory, has caused me to despair about the culture, the state of ethical values in America, and my own futile efforts to try to bring some light to the darkness. My mood was not only ravaged by the Penn State scandal (and Penn State’s students’ scandalous reaction to it), but also the continued drift and incompetence in our government and the lack of any apparent leadership or courage to address the problems of our economic system, other than to complain about them.

In such times—there have been others, though happily not many—my spirit urgently needs an infusion of inspiration and hope, and fast: as Al Pacino reminds us in “Scent of a Woman,” there is no prosthesis for an amputated spirit. This is when I turn to the movies that speak to me of courage, redemption, and ethical virtues validated. They are my lifeline; I can’t write or think about ethics from the bottom of a pit. I’ve got only a few days before Thanksgiving, after all. This is no time to be cynical and dubious about the course of humanity and the United States of America, a nation I love and admire.

Thus I am going to take a brief detour from the usual format of Ethics Alarms, with your leave and forgiveness, and share with you the fifteen movies that I will turn to as I try to recharge my enthusiasm, inspiration, and hope. Here are 1 though 7; the rest will be along shortly:

1. A Man For All Seasons (1966)

Hardly the most upbeat film to start the list, but probably the greatest ethics movie ever made.

Ethical issues highlighted: Integrity, honesty, courage, leadership, corruption, abuse of power.

Favorite quote: “Why Richard, it profits a man nothing to give his soul for the whole world… but for Wales?” [Sir Thomas More (Paul Scofield)] Continue reading →

The ACLU Gives Us a Lesson in Principles

/ Jack Marshall / 18 Comments

Paul Scofield as Sir Thomas More

“What would you do? Cut a great road through the law to get after the Devil?…And when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”—- Sir Thomas More [Played by Paul Scofield, scripted by Robert Bolt (in a speech adapted from More’s writings) in the film of “A Man for All Seasons” (1966)]

My opinion of Rev. Terry Jones is a matter of record; to summarize, I think he is well beneath Charlie Sheen, Donald Trump, Tom DeLay, Goldman Sachs, Nancy Pelosi, Eliot Spitzer, AIG, Charlie Rangel , Mark Sanford, Barry Bonds, “Ronbo” and most of the other members in bad standing on the Ethics Alarms Bottom 100. Determined as he is to sully the First Amendment with his disgraceful and hate-soaked use of it, however, he is an American, and he has rights. A Dearborn, Michigan jury, prompted by the city, has taken away those rights by preventing him and another fool from protesting outside a local mosque. Continue reading →