Tag Archives: abuse of power

When Ignorance, Unethical Character And Abuse of Power Converge: The Persecution Of Ann King and Susan Hines

woman_being_handcuffed

Anne King of Washington County, Georgia, was furious at her former husband and called him out on Facebook.

Susan Hines, a friend of King’s, responded..

“POS — give me an hour and check your mailbox. I’ll be GLAD to pick up the slack.”

Unfortunately, King’s crummy father of an ex-husband is also an ignorant jerk with a badge. He is Captain Corey King of the Washington County Sheriff’s Department, and used his power in this small town to have both Anne her supportive friend arrested and tossed in jail for absolutely protected free speech on social media. First the captain filed a police report with his colleague, Washington County Sheriff’s Investigator Trey Burgamy. Then Washington County magistrate Ralph O. Todd  issued a warrant requiring the two women to appear at a hearing.  Officer King was the only witness, and afterwards Magistrate Todd issued warrant  charging Anne King with criminal defamation:

“SUBJECT DID, WITHOUT A PRIVILEGE TO DO SO AND WITH INTENT TO DEFAME ANOTHER, COMMUNICATE FALSE MATTER WHICH TENDS TO EXPOSE ONE WHO IS ALIVE TO HATRED, CONTEMPT, OR RIDICULE, AND WHICH TENDS TO PROVOKE A BREACH OF THE PEACE, SPECIFICALLY, SUBJECT DID MAKE DEROGATORY AND DEGRADING COMMENTS DIRECTLY AT AND ABOUT COREY KING, FOR THE PURPOSE OF PROVIDING A BREACH OF THE PEACE.”

The Georgia law she was charged with was ruled unconstitutional decades ago, and is no longer on the books.

Details, details. Continue reading

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Filed under Character, Citizenship, Education, Ethics Alarms Award Nominee, Ethics Dunces, Facebook, Family, Government & Politics, Incompetent Elected Officials, Law & Law Enforcement, Professions, Rights

About the “So-Called” Judge’s TRO

robart

Ethics Alarms had a revealing comment on the post about the grandstanding and unethical ex-acting-Attorney General’s  breach of her duty to represent her client regarding the President’s Middle East immigration Executive Order. Following Judge Robart’s temporary restraining order (or TRO), the reader said, in essence, ‘See? She was right! The order was illegal, just like she said it was!’ The comment was idiotic on its face on many levels, yet it was also a fair summation of how partisan citizens have viewed the controversy. The various TROs validate the criticism of the Executive Order in their minds. They don’t, however. Judge Robart’s order particularly doesn’t. In fact, it is infuriatingly vague.

Now, a TRO doesn’t necessarily have to explain in detail what is wrong with a law, regulation or order. The purpose of this judicial act is to stall a measure that has the potential of causing a lot of disruption, unhappiness or expense from going into effect until there can be a decisive determination that it is legal, constitutional and within the power of the government entity that issued it. A judge issuing a TRO must conclude that the objection to the act is substantive, that the party applying for the TRO has a substantial chance of prevailing on the merits, and that the party has standing to object. The judge does not have to conclude that the party asking for the order is right, just that the party may be right.

However, reading Judge Judge Robart’s order, one can glean no clue as to why the TRO was justifiable, and why it is so sweeping. Although the judge writes in his conclusion that…

The work of the court is not to create policy or judge the Wisdom of any particular policy promoted by the other two branches. That is the work of the legislative and executive branches and of the citizens of this country who ultimately exercise democratic control over those branches. The work of the Judiciary, and this court, is limited to ensuring that the actions taken by the other two branches comport with our country’s laws, and more importantly, our Constitution. …

[T]he court is mindful of the considerable impact its order may have on the parties before it, the executive branch of our government, and the country’s citizens and residents. The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government.

…the order never states what is illegal or unconstitutional in his view.  This omission has led many analysts to conclude that there isn’t anything. He just doesn’t like the order. Much has been made of the fact that Robart was a Bush appointee, so the order isn’t “partisan.” Of course, the same people making this argument, in other settings, would maintain that a Bush appointment is just a bad judge. Many, many, many Republicans  and conservatives detest the President, and especially, one should remember, the Bush family. It is far from unlikely that bias against the President caused Judge Robart to employ poor judgment. Democrats cite the fact that Rorart is a conservative as part of a wonderfully convenient construct: if a conservative judge opposes them, the fact that he’s a conservative means he’s wrong, and if a conservative judge agrees with them, the fact that he’s a conservative means he’s right.
Some of the exchanges in the hearing that led to his order directly contradict his written statement that he is not questioning the wisdom of the order rather than challenging its legality.

Continue reading

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Filed under Around the World, Government & Politics, Law & Law Enforcement, Religion and Philosophy, U.S. Society

It’s Sexual Harassment Day!

biden-harassment

Unfortunately, it will be a while before I get to the next ethics topic. Accompanied by the ProEthics acting troupe, The Ethical Arts Players, I’ll be running not just one but two harassment awareness and avoidance trainings today. Avoiding harassing conduct is only applied ethics after all; it should be easy, but it isn’t.

I’ll be talking about some high profile cases that have been discussed here: the Trump-Billy Bush video, naturally; Ellen Degeneris’s cute sexual harassment of Jake Gyllenhaal on television that nobody complained about because…she’s Ellen! ; and the most relevant of all for the group I’ll be talking to, made up of scientists and academics, this story.

Sexual harassers come in many varieties, and this reminds me that I need to write more about the topic. Here are 15 types that have been identified in the wild so far, but hybrids and mutants are also out there:

  1. The Power Player: A “quid pro quo” harasser: the boss.
  2. The Counselor: Exploiting mentor relationships, abusing tryst
  3. The Leader of the Pack: Leading group embarrassment or marginalization
  4. The Serial Harasser: The Intentional and shameless abuser. With all that has gone on in the law and public eye, they are still out there in force.
  5. The Groper: Hands and Eyes. Yes, that’s Joe Biden…
  6. The Opportunist: Awaiting their chances, and ready to pounce on the trusting, vulnerable and needy
  7. The Bully : Sexual harassment as punishment, manipulation or just for sadistic fun
  8. The Confidante: Building trust to abuse it, that Platonic friend who’s not really platonic.
  9. The Pest: Polite, but not taking “no” for an answer
  10. The Sympathetic Harasser – Exploiting a crisis
  11. The Gallant: Misusing compliment and manners to marginalize, the kind of harassment women often don’t notice. (Barack Obama is one.)
  12. The Nerd: Socially inept individuals who desire the attentions of their targets, and who often don’t see that they do not reciprocate these feelings.
  13. The Stalker: Watching, trailing, bothering, tracking. The most dangerous harasser.
  14. The Blunderer : An accidental or clueless harasser
  15. The Star: The open harasser who’s status prevents him from being called one, or called to account.

 

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Filed under Business & Commercial, Character, Etiquette and manners, Gender and Sex, Law & Law Enforcement

Obama, Trump, And The Avoidable “Two Presidents” Ethical Dilemma

trump-and-obama

Yesterday, Donald Trump sent out not just one but three tweets that directly interfered with current U.S. policy efforts, involving the costs of a new jet fighter plane, nuclear weapons, and a U.N. resolution criticizing Israel. This understandably is causing consternation in the Obama administration, because Trump is exercising influence without authority. Until January 20, 2017, Donald Trump has no official position or authority in the government at all. He does have power and influence, however, because everyone knows that he will have authority very soon.

What constitutes abuse of the power and influence? Should a President Elect be a mute and invisible presence until he is officially sworn in, so as not to interfere with the current President’s discharge of his duties?

For the lame duck Chief Executive, with slightly more than two months left in office and vastly diminished influence, the ethical problem is different. How much should he defer to the incoming President, and not take actions that will seriously interfere with the policy directions the new President  may choose to take? Once the will of the people has been made clear at the ballot box, is it fair and responsible for current President to actively work against the likely agenda of the incoming President?

Finally, if a lame duck President is attempting to undermine the objectives of the incoming President before that President Elect takes office, is it unethical for the President Elect to use his influence and power to stop him, or at least mitigate the damage? Continue reading

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Filed under Character, Ethics Train Wrecks, Government & Politics, History, Law & Law Enforcement, Leadership

Baseball Installs An Anti-Hazing, Anti-Bullying Policy That Proves It Doesn’t Understand What’s Wrong With Bullying And Hazing

mlb-drag-1

Every year, Major League Baseball teams indulge in a high-profile, stupid and offensive ritual by forcing their rookies to dress in ridiculous costumes as they travel  home after their final road trip. This is  hazing, the team’s veterans humiliating the team’s young players and forcing them to show proper deference and character by submitting to it. Most of the time, the humiliation involved dressing in drag, because, as every red-blooded American male knows, nothing is worse than being compared to a woman. Continue reading

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Filed under Ethics Dunces, Gender and Sex, Humor and Satire, Social Media, Sports, Workplace

Ugh! Here’s One More Unethical Practice (Of Many) Trump Needs To Eliminate From His Repertoire, And Quickly

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It’s pretty simple, though President Obama hasn’t figured it out in in eight years:

The President of the United States must not attack or criticize private citizens or negatively characterize their actions, nor should he interfere with local matters, criminal justice, the courts, the news media, or private businesses,  unless it is absolutely necessary, which it almost never is. This applies to his treatment of journalists, celebrities, athletes, local officials, accused criminals, military personnel, lawyers, other professionals…

…and union representatives.

Chuck Jones, the president of the local chapter of the United Steelworkers union that represents Carrier employees in Indianapolis, told The Post on Tuesday that the Trump exaggerated the number of jobs he claims to have saved, since 550 of the union’s members will lose their jobs anyway. Trump immediately sent the tweet above, directly attacking Jones by name. Shortly after the tweet, Jones says, he began getting threatening phone calls. “Nothing that says they’re gonna kill me, but, you know, ‘You better keep your eye on your kids. We know what car you drive.’ Things along those lines,” he told the Post.

I’m not surprised, but Trump’s “punching down” would be just as wrong if there was no response at all. This is an abuse of power. It is an abuse of influence. It is an abuse of office, and once he is President, it will be an abuse of the “bully pulpit.” The conduct is bullying,  as well as irresponsible, dangerous, and stupid.

I did call it, though! My post in April about Gov. Rick Scott attacking a citizen, in his case a coffee shop critic, in a campaign ad ended with this statement:

It is hard to imagine a more petty, needless, demeaning example of “punching down.” Jennings isn’t running against Scott; she is just a citizen critic, if an especially rude and nasty one. For a governor to focus an attack ad on a mere citizen is an abuse of power and position. It is ethically indefensible.

It is exactly what Donald Trump would do, though.

It is far worse for a President-Elect to punch down, of course; it’s even unethical for a Presidential candidate nobody thinks can win to do it. Trump’s pre-emptively calling Bowe Bergdahl a traitor is now a fair trial problem in the ex-prisoner of war’s court-martial. This is a terrible habit to indulge, and it opens the door to far more harmful misuses of Presidential power.  Continue reading

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Ethics Dunce: Texas Elector Christopher Suprun [UPDATED]

Shut up, Chris; shut up, Alexander.

Oh, shut up, Chris; you too,, Alexander.

Another faithless Texas elector has announced himself. This time, it’s Christopher Suprun, the latest previously anonymous figure to exploit the 2016 Presidential candidacy of Donald Trump for 15 minutes of fame. Let’s see: there was Trump’s former lawyer, who breached or nicked several legal ethics duties to get a column in the Huffington Post, Trump’s ghostwriter, and all of the women who never saw fit to complain of being sexually assaulted by the President Elect until their accusations could do maximum harm and spark maximum exposure. Now we have Suprun, who penned a self-righteous op-ed for the New York Times explaining why he feels he is entitled, all by himself, to ignore the will of the people and cast his vote as elector for someone other than the candidate Texas insisted he pledge to vote for: the winner of the most votes by participating Texas citizens in the November 12 election.

The measure of Suprun’s gravitas and qualifications to take this responsibility on himself is aptly illustrated by the first of his justifications for his untenable position: “Mr. Trump goes out of his way to attack the cast of “Saturday Night Live” for bias.” Naturally, he appeals to the authority of Alexander Hamilton, whose various employments in the post-election train wreck has convinced me that he, not Old Hickory, really should move off the currency and make way for someone with the right number of chromosomes. If I hear one more quote from Federalist Paper 68—which no one is 100% certain that Hamilton even wrote—I may strip off my clothes and run screaming Norse epithets into the night. Assuming, as most do, that the author was Hamilton, so what? The paper was written after the Constitutional Convention. Hamilton’s concept for that document and the structure of the government was rejected. He didn’t trust the public, or democracy, wanted George Washington to be king, and championed a system the resembled Great Britain’s. Using him to justify a concept of the Electoral College that has never been employed or accepted in the United States is a classic logical fallacy. Continue reading

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Filed under Character, Citizenship, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics, History, Leadership