adultery

The Ethics Of Judges In Love

/ Jack Marshall / 8 Comments

gavel heart

When  attorney Joe Foley represented a client in a matter before Judge Scott Drazewski in early 2011, he was unaware that the married judge was involved a year-long secret romantic affair with Judge Rebecca Foley, the attorney’s wife.

Now both Illinois judges  have been disciplined by state legal ethics authorities for failing to reveal their romantic relationship and violating multiple ethics rules as a result. The ethics commission imposed a four-month unpaid suspension on Drazewski for “egregious” judicial ethics violations, and censured Judge Foley for assisting, aiding, abetting, and not reporting his violation or their affair. Continue reading →

In Virginia And D.C., Botching The Complex Relationship Between Law And Ethics

/ Jack Marshall / 72 Comments

aforadultry

Laws don’t exist merely to do things; they must also stand for the ethical principles that sustain a stable and productive society. Laws create moral codes of conduct as well as a pragmatic ones. It is profoundly puzzling to me that so many regard this as a controversial statement, especially in a country founded by two documents that are steeped in values.

There are laws against stealing to discourage theft, but also because the official voice of society must make it clear what the values of that society are. The laws against stealing state that theft is wrong. The law expresses societal consensus about acceptable and unacceptable conduct; it also reinforces and strengthens that consensus.

The fact that this is a proper function of law doesn’t mean that those who write and pass laws or the public understand any of this. The relationship isn’t taught in schools, and while one might encounter this concept in law school or a good college government or philosophy course, one can be well-educated and never think about this at all. In other words, the officials who make laws often don’t have a clue what they are doing, and neither does anyone else.

Two glaring examples have arisen in my neck of the woods, the District of Columbia, where I work, and Virginia, where I live.

Behold:

In Virginia, Virginia Senate declined to pass a bill that would have decriminalized adultery in the state. Currently, adultery is a Class 4 misdemeanor. Sen. Scott Surovell (D–Fairfax) introduced a measure that would have reduced adultery from a criminal offense to a civil one, keeping the criminal law’s fine of no more than $250. Thirteen states have repealed similar adultery statutes in recent years, and only about a dozen states still treat the act as a crime. The immediate criticism of the Virginia decision was predictable and focused on “legislating morality,” as if that isn’t a legitimate function of law. What critics, usually from the left, mean when they use this catch phrase is “How dare the government interfere with private conduct that is nobody else’s business?” Well, is spousal abuse and child abuse private, then? Bigamy? The reason adultery is illegal is that it hurts people, wrecks families, traumatizes children, and destabilizes society. It is completely appropriate for society to say  “This is bad for everyone, so don’t do it.” The law is how we express such messages. Continue reading →

Observations On Donald Trump Playing The Bill Card On Hillary Clinton.

/ Jack Marshall / 27 Comments

dueling_bills_12-30-15-1

Veeery interesting.

After Hillary accused Donald Trump of being a sexist, which, of course, he indubitably is, Trump, who believes that when hit one should hit back twice as hard, immediately pointed out, in his typically clumsy, sloppy but somehow effective way, that for someone married to Bill Clinton to play “the woman’s card” was, shall we say, hypocritical. Then fate took a hand: Bill Cosby finally faced a few bars of music in court, and some journalists and pundits began musing about the differences and similarities between Bill C. and Bill C. (I flagged this problem for the Clintons over a year ago.)

Then elder pundits did some figuring, and realized that a large number of younger voters, the Democratic Party’s base, don’t know very much at all about Monica, Paula, Kathleen, Juanita, Gennifer and Dolly, Bill Clinton’s impeachment, or loss of his law license, in part because the news media has been an active Clinton family enabler for over a decade, and in part because our education system fails to educate. Thus a decisive component of the Hillary cheering section just think of Bill as a revered former President elder statesman, and did not gag, as I did, when this guy of all guys was made the centerpiece of the 2012 Democratic National Convention themed to decry the “war on women.”

But wait! There’s more! When Trump carried his new vendetta to the Today Show, lovely, light-weight, biased co-host Savannah Guthrie revealed herself to be both ignorant and a tool by calling the Monica affair “alleged.”  Mary Bruce on  Good Morning America also referred to Bill’s infamous womanizing as “alleged sexual misconduct and infidelity.” Ignorance or Clinton protecting? Bill’s infidelity is as “alleged” as O.J.’s skills with a knife.

Finally, a feminist, Democrat, usually reliable Clinton ally on the Washington Post editorial staff, Ruth Marcus, Trump is right: “Bill Clinton’s sordid sexual history is fair game.” for Hillary opponents.

Which, of course, it is.

Observations: Continue reading →

The Ashley Madison Files

/ Jack Marshall / 39 Comments
Gee, what a great company. Why would anyone want to harm it?

Gee, what a great company. Why would anyone want to harm it?

The unidentified hackers who stole damning customer information from the adultery-facilitating site AshleyMadison.com are finally posting the data online. A huge data dump was posted on August 18, and another on August 20. The files include account details and log-ins for some 32 million users of the social networking site, which calls itself the premier site for married men or women seeking partners for affairs. They include seven years  of credit card and other payment transaction details, going back to 2008, millions of payment transactions, names, street address, email address and amount paid, but not credit card numbers.

“Ashley Madison is the most famous name in infidelity and married dating,” the site asserts on its homepage. “Have an Affair today on Ashley Madison. Thousands of cheating wives and cheating husbands signup everyday looking for an affair…. With Our affair guarantee package we guarantee you will find the perfect affair partner.”

Nice. I named this scummy site an Unethical Website of the Month on the old Ethics Scoreboard in 2005, writing in part,

Adultery leads to shattered families, ruined finances, psychically damaged children and deep emotional scars all around. Most if not all spouses will eventually find themselves in a vulnerable state where unhappiness, anxiety, and stress have them primed to make an impulsive and ultimately destructive decision to pursue an illicit relationship. These are the times when people need good advice, counseling, and perspective. These are the times when AshleyMadison.com instead offers the tools they need to tear apart their commitments, vows and lives: secrecy, betrayal, selfishness, and irresponsibility…Yes: it is all legal. But inducing people to hurt others while subjecting themselves to the risks of remorse, financial ruin, and even violence is far worse than many crimes…

America is having enough trouble keeping its families together without having slick web sites working to tear them apart.

Observations:1. This couldn’t happen to a more deserving company. By all means, let’s catch and prosecute the hackers. As for the harm they did to Ashley Madison: good.

2. Regarding the company’s clients: nobody should have any sympathy for them whatsoever. They were cheating, lying and doing harm by definition, and to those who loved, trusted and depended on them. Their wrong is far greater than the wrong done to them, and without their wrong, no wrong could have been done to them.

3. The AP reports:

WASHINGTON (AP) — Hundreds of U.S. government employees – including some with sensitive jobs in the White House, Congress and law enforcement agencies – used Internet connections in their federal offices to access and pay membership fees to the cheating website Ashley Madison, The Associated Press has learned.

The AP traced many of the accounts exposed by hackers back to federal workers. They included at least two assistant U.S. attorneys; an information technology administrator in the Executive Office of the President; a division chief, an investigator and a trial attorney in the Justice Department; a government hacker at the Homeland Security Department and another DHS employee who indicated he worked on a U.S. counterterrorism response team.

Are these cheaters trustworthy, or fit to serve in the government? No.  I can understand, sympathize and to some extent accept, the spontaneous, unintended passionate adulterous affair that is neither planned nor sought. It is not, at least, premeditated, and that is a mitigating factor. This conduct, using AshleyMadison.com, isn’t motivated by love, but by a desire to betray. I don’t want government officials who are in the habit of betraying others. If they will betray their families, why would they hesitate to betray me?

UPDATE: Attorney Jay Wolman explains the strong class action case AshleyMadison.com users now have.

A Presidential Scandal Is Resolved….And Obama Keeps His Best Claim To Fame

/ Jack Marshall / 23 Comments
Nan Britton and President Harding's daughter

Nan Britton and President Harding’s daughter

With so many scandals and potential scandals swirling around the current administration and the hopeful occupant of a future one, I was not prepared for the final word on a long simmering one from Warren G. Harding. Yet there it is: finally, after being rumored and argued about for nearly 90 years, the truth about Warren G. Harding’s alleged love child is out. The New York Times reports that DNA tests confirmed, for the first time, that Elizabeth Ann Blaesing, the daughter of Nan Britton, Harding’s secretary and secret lover while he was a U.S. Senator from Ohio and during the three years (1921-23) he was in the White House,  was indeed fathered by the 29th President.

Britton had written a much-maligned tell-all book in 1928, detailing her adulterous relationship with Harding that continued right up to his election as President in 1920. Harding, who had died in office in 1923, was not well regarded by posterity and historians at the time (or now), but his honor was still defended furiously in court and out of it: Elizabeth, born in 1919, died in 2005 with her paternity still unsettled and furiously denied by Harding’s family. Britton would not have had to write the book that caused her to be maligned like some are attacking Bill Cosby’s accusers today if Harding hadn’t betrayed her and their daughter, for though she said that he had promised to provide for them, there was no mention of Nan and Elizabeth in Harding’s will. Of course, he hadn’t expected to drop dead at 59, but then, who does? He had an obligation to make sure his daughter was well-provided for, and botched it. Continue reading →

Now THIS Is An Unethical Politician!

/ Jack Marshall / 32 Comments

Michigan reps

Aren’t they a cute couple?

And dumb as two bricks in a swamp!

Michigan state Rep. Todd Courser (left) had an email sent to his Republican supporters that falsely claimed he had been caught having sex with a male prostitute. That’s right: he sent out his own, self-smearing lie, apparently because he thought this would help him distract attention from another scandal, a heterosexual one. The  married father of four is having an extramarital affair with fellow state Rep. Cindy Gamrat (right), a married mother of three.
Continue reading →

Ethics Quiz: “Rear Window” Ethics At The Ball Game

/ Jack Marshall / 15 Comments

RearWindow1

The New York Daily News recounts the tale of two sisters attending an Atlanta Braves game who exposed a man’s cheating wife by taking photos of her as she apparently sexted another man with her arm around her husband. Delana and Brynn Hinson posted photos of her texts on Twitter.

The sisters said they slipped a note to the woman’s suspected husband as he was leaving, which read,

“Your wife is cheating on you. Look at the messages under Nancy! It’s really a man named Mark Allen.”

You can read the details—accurate or not—here.

I don’t care if the story is exactly as it was reported. Let’s assume it is.

The Ethics Alarms Ethics Quiz for the day is this:

Did the sisters behave ethically when they informed the husband about his wife’s secret texting?

Continue reading →

Tragic, Corrupted, Complicit Camille Cosby

/ Jack Marshall / 17 Comments
Camile Cosby: author, psychologist, corrupt accomplice to a sexual predator

Camile Cosby: author, psychologist, corrupt accomplice to a sexual predator

Apparently Bill Cosby’s wife Camille is telling confidantes that she believes all the woman drugged by her husband consented to sex, and that he is being unfairly treated by the news media as well as being unfairly accused by…what is it now, 40 women? I haven’t checked in the last few days.

She also admits that she always knew about her husband’s “infidelities,” and accepted them. Translation: she accepted creature comforts, status and money to enable her husband’s wrongdoing.

That this is a very old, ugly tradition that includes mothers who allow their husbands to sexually abuse their children, and even more horrific examples where wives look the other way while husbands kidnap and murder. In Mrs. Cosby’s case, she has made a deal with the devil, accepting the benefits of a spouse’s wealth and celebrity in exchange for placing her conscience in deep freeze. She has been covering up for her husband, lying by her silence, and sometimes lying out loud, as when she said last year , “He is the man you thought you knew.”

Did you think you knew that that the man who played Cliff Huxstable and wrote books about ethics cheated on his wife and had sex with young women under the influence of the drugs that he gave them? Well, actually I did: maybe Camille was referring to me.

Camille Crosby allowed and enabled Bill to engage in these activities, which were wrong no matter how they are interpreted: Continue reading →

Ethics Dunce: Alabama State Rep. Patricia Todd (D)

/ Jack Marshall / 342 Comments
How low will she go?

How low will she go?

Ms. Todd is Alabama’s only openly gay legislator, and now she’s an openly unethical legislator. She doesn’t like the political and social arguments some of her colleagues are making against gay marriage, so she’s going to extort them to  shut them up. Maybe she got the idea from “Citizen Kane.” Charles Foster Kane’s political career was ruined by similar extortion from a political opponent. Of course, the Orson Welles classic made it clear that James Gettys was a ruthless villain. So is Todd.

Her threat: if opponents use “family values” rhetoric as a reason to oppose marriage equality, she’ll start making rumors of their marital infidelities public. “I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Alabama State Rep. Patricia Todd wrote on Facebook.  “I will call our elected officials who want to hide in the closet out…If certain people come out and start espousing this rhetoric about family values, then I will say, ‘Let’s talk about family values, because here’s what I heard.’ I don’t have direct knowledge, because obviously I’m not the other person involved in the affair. But one thing you would never hear about me is that I ever cheated on a partner or had an affair.” Continue reading →

Reader Alert: An Old Post That Lots Of People Are Suddenly Interested In Reading

/ Jack Marshall / 10 Comments

-judy-lewis

All of a sudden, a post from 2011 is attracting more views in the last four days than it did in the previous four years. Odd are you missed it too, so so to avoid the anomaly of non-Ethics Alarms fans being more attuned to a post here than the loyal throng, I’m going to point the way to the link. The essay is titled “Clark Gable, Loretta Young, and the Betrayal of Judy Lewis,” and told the heart-breaking story of how Clark Gable denied his parenthood of his own daughter (that’s her to his left) to avoid a career-damaging scandal, while the child’s mother, Loretta Young, lied to her as well.  It was and is an interesting and disturbing chapter in Hollywood history, and my commentary  generated some furious defenses from fans of “The King,” who marshal every rationalization imaginable to try to justify a rich and famous father neglecting his only child, even after she became aware of who her father was. That phenomenon is as illuminating as the sad tale itself.  Here, for example, is “Seeker”—see how many rationalizations you can find. I see at least four: Continue reading →