appearance of impropriety

Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

/ Jack Marshall / 6 Comments

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

—-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading →

The Cheater’s Rationalizations

/ Jack Marshall / 3 Comments

cheatingI was in Boston recently, and naturally the topic of Tom Brady and Deflategate came up often. I kept hearing the same defenses of Brady with a growing sense of déjà vu. Yes, many of the rationalizations on the Ethics Alarms Rationalizations List raised their ethically-muddled heads in Beantown, all-purpose classics like “Everybody does it,” “It’s a bad law/ stupid rule,” and “No harm, no foul,” but there were others that clearly came out of some secretly published “Cheater’s Handbook.”

These are going to enter the list as a group, like #6,The Biblical Rationalizations. They will be trotted out for other purposes, no doubt, but no set of excuses better defines the unethical mindset of a cheater’s defenders than these three.

59. The Cheater’s Rationalizations Continue reading →

George Stephanopoulos Grills Hillary

/ Jack Marshall / 3 Comments
"Hi, Hillary! Gosh, it's good to see you!"

“Hi, Hillary! Gosh, it’s good to see you!”

On ABC’s Sunday morning talking heads show, Hillary Clinton is being interviewed right now “one on one” by former Clinton machine insider George Stephanopoulos. This is, as I have pointed out before without rebuttal because there is no rebuttal, a grotesque example of unethical journalism, a screamingly obvious conflict of interest, and an insult to ABC’s viewers.

I resolved not to watch this inevitable loogie in the eye of respectable and fair campaign coverage, because until viewers refuse to be treated with such contempt, news departments will continue to be contemptuous. Some strange impulse forced me to light on ABC for exactly 23 seconds, and I got to hear Hillary go through the same focus group-tested talking points, rationalizations and lies she has been using to defend her e-mail machinations for a year—“Colin Powell did it too,” “national security wasn’t endangered,” “it wasn’t the best choice,” etc.—and to thank the President for compromising the integrity of the investigation while he was saying that he wouldn’t compromise the integrity of the investigation. There was enough ammunition in that single snippet to give any competent and objective interviewer an opening to expose her deceit for all to see. George’s response, delivered with a benevolent smile and the dreamy gaze of a true blue admirer…

“So, are you confident about this Tuesday?”

Res ipsa loquitur.

 

This Just In: George Stephanopoulos Still Has A Conflict Of Interest

/ Jack Marshall / 3 Comments

Steph-and-Bill-ClintonI just watched George Stephanopoulos grill Bernie Sanders on his Sunday morning show on ABC.

It was a fair, professional interview. It doesn’t matter. George Stephanopoulos has a bright, shining, unshakable conflict of interest of long-standing, and both he and his employer, ABC, pretend it doesn’t exist.  He is a former Clinton staffer. He has a previous relationship with Hillary Clinton. He withheld the fact that he had contributed $75,000 to  the Clinton Promotion Slush Fund And Under The Table Influence Peddling Machine, also known as the Clinton Foundation. In 2006 he was a featured attendee and panel moderator at the annual meeting of the Clinton Global Initiative (CGI). He was also a 2008 panelist at the CGI annual meeting. In 2009, he served as a panel moderator at CGI’s annual meeting. In 2010 and 2011, he was an official member of the Clinton Global initiative.In 2013 and 2014, he served with Chelsea Clinton as CGI contest judges for awards.

This long, obviously close and supportive relationship with the Clintons would dictate Stephanopoulos’s removal from any reporting of the Democratic Presidential competition between his former patron and current favored candidate and Bernie Sanders, if ABC was the least bit interested in promoting fairness, professionalism and objectivity in its journalism. Obviously, it isn’t. It isn’t even interested in avoiding a giant, blinking, neon appearance of impropriety that suggests that the fix is in.

At the very least, Stephanopoulos should have been required to give viewers a full account of his ties to the Clintons, so viewers can decide for themselves how objective he is. At very least, if he was an ethical journalist, George should have done this on his own. Continue reading →

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 →

Dead Ethics Alarms At CNN: Gee, What Could Be Wrong With “Objective” Moderators Kissing One Of The Candidates?

/ Jack Marshall / 13 Comments

Good catch by Ann Althouse: Hillary Clinton walks onto the stage last night and gets kisses on the cheek from CNN town hall moderators Jake Tapper and Roland Martin. What the hell?

This is unethical  in so many ways…

It suggests excessive familiarity between the journalists and the candidate, undermining the credibility of the journalists…

It perpetuates and validates a sexist, demeaning custom that causes problems for women in the workplace. As usual, Hillary is a feminist, unless she isn’t….

It creates an appearance of impropriety….

It signals that journalists are not objective, critical reporters, but friends and colleagues of those they exist to criticize….

It’s a double standard, for a kiss is not the same as a handshake. Either kiss Bernie Sanders too, or don’t kiss Hillary….

It is flagrantly unprofessional….

Also, ick.

It took a while, but CNN’s unethical culture is finally corrupting Jake Tapper.

The Manager, The Hot Reporter, Conflicts and Professionalism

/ Jack Marshall / 11 Comments

moranfarrell

It’s nice of my favorite baseball team to supply me with ethics stories, don’t you think? This one has management ethics, relationship ethics, journalism ethics, sexual harassment and professionalism.

The Boston Globe reported last week that Boston Red Sox manager John  Farrell and Comcast SportsNet New England reporter Jessica Moran, who covered the team,  were romantically involved. Moran promptly resigned. This quickly degenerated into the usual ethically muddled discussion by members of the public who watch George Stephanopoulos interview Hillary Clinton and see nothing amiss, and have been so badly taught the ethics basics that they couldn’t identify a conflict of interest if they tripped on one, and members of the news media, who, if anything, are worse.  Among the questions being floated, and their somehow elusive answers…

These are consenting adults. Why aren’t they free to have a relationship?

Because they are professionals, with special duties to their constituencies and stakeholders, and the relationship between a reporter and her subject undermines independence, loyalty, trust and competence.

Why is it always the woman the one who has to lose her job?

It isn’t. The journalist has to lose her job, because the journalist breached the basic ethics of the profession. The baseball manager’s conduct is wrong,  but comparatively tangential to his duties at worst. It is still seriously unethical, however, and undermines team culture and the status of other women who have duties involving the team.  Farrell, by dating Moran, was sending a message to his players and other team personnel that these women are legitimate targets for sexual courtship rather than workplace colleagues.  The relationship may have constituted third party sexual harassment, making other women feel as if team leadership had sent the message that they weren’t to be taken seriously as professionals.

Why is everyone making a big deal about this? She’s a beautiful young woman, covering a team of men. Isn’t this to be expected? Continue reading →

Rep. Alan Grayson, Incivility, Predicting Unethical Conduct…and Donald Trump

/ Jack Marshall / 13 Comments

Grayson

It should come as no surprise to anyone that Rep. Alan Grayson (D-Fl.) is under investigation by the House Ethics Committee for serious ethics violations. This was pre-ordained by the proclivities he has shown throughout his political career. In his case, the primary tell is his complete lack of civility, which is symptomatic of a crucial respect deficit. Those who do not regard displaying respect for colleagues, fellow citizens, political adversaries and, more broadly, societal standards of fairness and decency as an important behavioral mandate cannot be trusted to respect any other ethical values either. Occasionally one will find someone who deals in insults and personal denigration who is otherwise ethical, just as one will occasionally encounter a baby goat with two heads, but it is rare indeed. If you go through life avoiding uncivil, verbally abusive people like the plague (indeed, such people carry the plague of de-civilization) you will not miss out on very many good companions, and you will spare yourself a lot of misery as well the danger of personal corruption.

Grayson is without question the most uncivil, rudest, least professional member of Congress. I was amused to find that I had mentioned him in a post from 2010 about how many ethics scandals were predictable, given the past conduct of their principle actors. Once Tom DeLay was out of Congress, Alan Grayson was easily the most likely candidate for a scandal, because the man has no ethics alarms. In my very first post about Grayson, I wrote (in 2009),

“Grayson is the Congressman whose explanation of the GOP position on health care was that “they want you to die.” He said that Dick Cheney speaks with “blood dripping from his teeth.” His mode of debate and persuasion, in other words, is insult and hyperbole. Respect for opposing views: zilch. Civility grade: F… He has endorsed unethical rules and plays by them…”

That post was about Grayson trying to get the Justice Department to shut down a website that mocked him. Yes, he doesn’t believe in freedom of speech, either, when he is the target of insults rather than the generator of them.

All of which led me to react with a smile and a yawn when it was revealed that the disgusting congressman, now running for the U.S. Senate–Sure! Why not?—has been secretly moonlighting as a hedge fund manager. It sounds like a Saturday Night Live skit: “By day, a Wall Street-bashing, 1% hating, populist Democratic Congressman! By night, a wheeling and dealing hedge-fund manager!”

Do I need to explain why this is a slam-dunk conflict of interest with the appearance of impropriety? I don’t think so. It also smells of insider trading and using information privy to elected officials for personal gain. On the other side, he used his position as a U.S. House of Representatives member to attract clients.

From the New York Times (it’s me breaking in a couple of  times): Continue reading →

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

/ Jack Marshall / 17 Comments

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading →

From Missouri: Good Ethics Theory, Dumb Bill

/ Jack Marshall / 18 Comments
Rep. Bart Korman, deep thinker...

Rep. Bart Korman, deep thinker...

A proposed bill, sponsored by Rep. Bart Korman, a Montgomery County Republican in the Missouri legislature, would require lobbyists who have sex with a Missouri lawmaker or a member of a lawmaker’s staff  to disclose it to the Missouri Ethics Commission. The bill defines sex between lobbyists and legislators as a gift, so  sexual relations would have to be included on monthly lobbyist gift disclosure forms.

In theory, the bill is ethically admirable. Lobbyists having sex with legislators is unethical, and vice-versa. It creates a conflict of interest for the legislator, creates an appearance of impropriety, suggests a quid pro quo arrangement, and either is or looks like the equivalent of a bribe. It is grossly unprofessional for both sex partners. It is unethical in every way.

The proposed law, however, is stupid and incompetent beyond belief or justification. It doesn’t even send an important message: everyone already knows that for lobbyists and elected officials to have sex is unethical. Lobbyists and legislators are already professionally obligated to report professional misconduct, by themselves and others. This is the ethical duty of disclosure and transparency. Why would any lobbyist so unethical as to have sex with a legislator he or she was supposed to lobby suddenly decide to abide by a law and disclose it, thus embarrassing his or her paramour? It makes as much sense to pass a law requiring burglars to report their break-ins and thefts, or to require tax cheats to list the money they hid on their last tax returns as income on the next one. Continue reading →