appearance of impropriety

Ethics Poll: Target Practice For The North Miami Police

/ Jack Marshall / 31 Comments

mug shot targets

From the BBC:

[P]olice officers have been…using mug shots of black suspects for target practice in Florida. The images used by North Miami Beach Police were discovered by a female soldier who used the firing range after a police training session…Police Chief J Scott Dennis said that his officers had used poor judgment but denied racial profiling.He told NBC that using real suspect images was an important part of training for his sniper team and that his officers had not violated any policies.

“There is no discipline forthcoming from the individuals who were involved with this,” he said.

A police spokeswoman added on Friday that officers use targets of all races and genders in their training sessions.

Embarrassing. A public relations nightmare for the department. But was using the mugshots unethical? Why?

Let’s vote:

 

Ethically Incoherent Statement Of The Month: Van Jones

/ Jack Marshall / 6 Comments
Van Jones: Reasonable or biased?

Van Jones: Reasonable or biased?

Van Jones, the former White House “czar” of something or other turned smooth-talking racialist warrior on CNN’s “Cross-Fire” and various TV panels, was arguing for frank racial dialogue on ABC’s “This Week With George Stephanopoulos,” in the context of the protests over the Ferguson and Staten Island police grand jury decisions. Sounding reasonable as he often does, Jones then said that what should be an area of agreement is the need for a special prosecutor whenever police misconduct is before a grand jury, noting that it was an “obvious conflict of interest”for prosecutors who work with police as a core element of their job.

I have addressed this argument before, but let me be clearer. This is a conflict of interest that a competent and ethical prosecutor should acknowledge and be able to deal with as the legal ethics rule require. The prosecutor should get a waiver from his or her client—not the victim’s family, but the government the prosecutor represents—and honestly assess whether the fact that the police serve the same client will prevent the prosecutor from being fair and objective. If the answer is yes, then the prosecutor must recuse, but I see no reason why the answer should be yes, if the prosecutor is ethical and worthy of the position.(Jones and other advocates for this “solution” have a bias against prosecutors, whom they view as presumptively unethical.)

Theoretically, every case in which an officer’s credibility determines whether a citizen should be charged poses the same conflict: it is endemic to the prosecutor’s job. Indeed, prosecutors have a very good reason to want bad cops punished and removed from the police force; I’m not at all certain that there is a necessary bias on the part of prosecutors in favor of letting such cops escape legal consequences of their actions. That assumption is based on the assumption that prosecutors don’t care about  justice. Nobody who doesn’t care about justice becomes a prosecutor. Why would they? It is a hard, frustrating job and the pay isn’t anything special.

The strongest argument for a special prosecutor is a different ethical problem, the appearance of impropriety. If the decision to prosecute or not is tainted with suspicion of bias, then the justice system is compromised and breaks down. This is why, for example, it is terrible that the Justice Department, a super-politicized one at that, is supposedly investigating the I.R.S. scandal.

As George moved to another topic, Jones blurted out a final statement that caused me to spit-take a mouthful of coffee. It undermined all of his finely tuned rhetoric about fairness and non-partisan dialogue about race, and exposed, ironically, his own biases. He said;

“If there had been a special prosecutor in Ferguson, we would have had a different result.”

AHA! Continue reading →

If The Ethics Alarm Post About The I.R.S. Swearing That Lois Lerner’s Subpoenaed Emails Had Been Lost Forever Mated With The Story About The Obama Administration Dumping Documents So That The Media And Public Wouldn’t Notice, THIS Would Be The Ugly Offspring

/ Jack Marshall / 22 Comments
That's some ugly baby.

That’s some ugly baby.

News Item:

Up to 30,000 missing emails sent by former Internal Revenue Service official Lois Lerner have been recovered by the IRS inspector general, five months after they were deemed lost forever. The U.S. Treasury Inspector General for Tax Administration (TIGTA) informed congressional staffers from several committees on Friday that the emails were found among hundreds of “disaster recovery tapes” that were used to back up the IRS email system.

The announcement of the existence of the potentially incriminating emails—-that I.R.S. officials kept swearing were lost, a statement that every computer expert asked about it said was ridiculous—-was made, and the emails turned over, Friday afternoon, while everyone was freaking out over the President’s immigration order and the impending Ferguson grand jury decision. It also occurred well after the recent election, so if the communications do prove a coordinated effort within the Obama administration to illegally sabotage conservative groups prior to the 2012 election, there will be no electoral consequences to Democrats, and, as we all know, stupid voters can’t remember things like this for another two years.

Bazinga.

You’re right, I’m sure it’s just a coincidence.

The proud parents of this mongrel story can be review here ( “If a private company “lost” key  and potentially incriminating evidence like this, indictments would follow. (RIP: Arthur Andersen) Recall, please, that Lerner pleaded the Fifth Amendment to avoid self-incrimination—her right, but hardly cooperative or comforting. This news is even less so.”) and here (“Look up “appearance of impropriety,” and a picture of this document dump is under the entry. OK, not really, but it would be appropriate.”)

Your assignment for tomorrow: see how many news sources take note of the sudden appearance of the emails.

_______________________

Pointer: Instapundit

Source: Examiner

With More Evidence Of Pre-Election Obama Administration Sleight-of-Hand, I Ask Again: How Do Democrats React To This?

/ Jack Marshall / 5 Comments
Somebody?

Somebody?

The post is intended to follow-up on this one, asking supporters of the President who are unbiased, fair and honest, how they continue to trust this administration in light of the repeated pattern of hiding negative developments as long as possible, assisting the compliant news media in burying them, and intentionally delaying admissions, disclosures and bad news until after elections.

It is not a partisan question, but a legitimate ethics inquiry. As I explained in discussing the recent election eve Fast and Furious document dump, there is not any legitimate question about whether this is ethical conduct by the Obama Administration, or whether it is in any way consistent with the pledge of transparency made by Candidate Obama in 2008 and currently posted on the White House website. It isn’t, on both counts. There is no argument about that—I know that. What I don’t understand, and very much want to, is why anyone—Democrat, progressive, Federal worker, journalist, MSNBC hack, Markos Moulitsas, Harry Reid, anybody at all—would excuse or try to justify it sufficiently to say “Yes, I trust these people.” I asked, and nobody took up the challenge.

Is it because everyone actually realizes how inexcusable and sleazy this is, and nobody trusts the Administration any more? That can’t be it: otherwise, I wouldn’t be reading all these amazing blog posts about columns about how stupid the American voting public was to send an emphatic “We’re sick of the Democrats” message at all levels of government, across states of all political persuasions. Is it because all the Obama supporters are in the throes of  DODD (Desperate Obama Defense Derangement)? I suppose that’s possible. It is also possible that Obama defenders are gun-shy here, since their standard refrains of “Republicans are obstructing everything,” “it’s all Bush’s fault,” “everybody does it,” “it’s because he’s black,” and “nobody’s perfect” not only fail to persuade but attract well-deserved derision.

I don’t know the answer, but I want to understand, Trust is the basis of democracy, and trust must work both ways. The Obama Administration consistently shows that it does not trust the American public to approve of its policies and conduct if the public has timely information about what the facts are. Why do so many people trust a leader who doesn’t trust them, and has contempt for its trust?

It happened again, you see. Continue reading →

Unbiased and Honest Democrats: Please Explain, In Light Of This, Why Anyone Should Trust This Administration

/ Jack Marshall / 21 Comments
"Gee. Thanks."

“Gee. Thanks.”

Jonathan Turley informs us:

The Justice Department has previously been held in contempt by Congress and hit with increasingly tough court orders from a federal judge over its obstruction of efforts to secure evidence in the notorious Fast and Furious operation. Many have accused Attorney General Eric Holder of acting blatantly political in withholding documents to protect Democrats from backlash before the elections. As if to prove that view, the Justice Department waited until late on election eve to finally dump more than 64,000 pages of documents congressional lawmakers have been seeking for years. The timing was almost taunting in its impact. Guaranteeing that the content could not be viewed before people voted, the Obama Administration’s long obstruction resulted in this troubling image of a politically timed release….The election eve dump to the House Oversight and Government Reform Committee involved 64,280 pages withheld for years by the Obama Administration.

If you want to read the typical Republican outrage and the routine, “Oh, no, we are just trying to cooperate with this witch hunt” White House response, go here. Ethically, the conduct speaks for itself, however:

1. In litigation, this might  be called discovery abuse. Discovery abuse is unethical. Continue reading →

Dear Political Blogs: Be As Partisan As You Like, But Don’t Make Your Readers Stupid

/ Jack Marshall / 14 Comments
It's a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It’s a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It pains me greatly when a Facebook friend (and real friend too) posts something from a right-wing or left-wing website that is ignorant and misleading, as if she has something enlightening to share. Then I am forced to point out that 1) the post was written by someone pretending to have knowledge he did not; 2) those agreeing with him and assuming he had a valid point are hanging out with like-minded partisans who reinforce each others’ happy misconceptions, and 3) that the lawyers who cheer on conclusions that can only be explained by the fact that the concluder can’t spell law, much less under stand it. This typically loses two to ten names off my Facebook friends list. Well, too bad. They should be ashamed of themselves.

The case I have in mind: a site called “Forward Progressive: Forward Thinking for Progressive Action”—hmmm, I think it is a progressive site!—attacked Clarence Thomas for his participation in the recent SCOTUS decision in Bowman v. Monsanto. The Court ruled for Monsanto in a patent case against farmers in a matter involving the reproduction of products whose patents have expired. To Dyssa Fuchs, the writer for Forward Progressive in this case, Thomas had a clear conflict of interest and should have recused himself.

She cites the judicial code, she cites the U.S. statutes, she–of course—cites her belief that Monsanto is evil, and of course, like all good progressives, she hates Thomas, who has the effrontery to be both a hard-core conservative and black. The fact is, however, that she has no idea what she is talking about. Thomas had no conflict of interest in this case, nor does he have an “appearance of impropriety” problem because someone determined to prove that he is corrupt doesn’t understand what improprieties or judicial conflicts are, or for that matter, what lawyers do. Continue reading →

The Kansas Senate Race Ethics Disgrace: Who Can You Trust?

/ Jack Marshall / 8 Comments

Nobody, apparently.

Welcome to Kansas.

Welcome to Kansas.

The Kansas U.S. Senate race demonstrates why so many Americans tune out politics, spit on both parties, and simply assume that there is no way to avoid being governed by knaves, cheaters and fools.

If you haven’t been following this dispiriting  embarrassment, I commend and envy you. The election is considered a crucial one that could decide control of the Senate, where the Democrats currently have a majority that looks shaky at best. The Kansas Republican incumbent, Pat Roberts, appeared beatable in the GOP primary, and he was in a tough three-way race in the election. Trailing in the polls, the Democratic nominee, Chad Taylor, pulled out of the race, leaving Roberts to run against an independent, Greg Orman, who has belonged at various times to both parties,  who wants to leave his real loyalties secret for now and who looks like he might beat Roberts. The Kansas secretary of state, Kris Kobach, claimed that under the law, Taylor couldn’t withdraw with the letter he wrote for that purpose, and had to stay on the ballot. This week, Kobach’s position was rejected by the Kansas Supreme Court.

This account just skims the surface of the real sludge in this bi-partisan cesspool. Consider: Continue reading →

NUCLEAR KABOOM! CNN Assigns Jay Carney To Cover Obama’s Speech: Could It Be More Contemptuous Of Fairness And Objectivity?

/ Jack Marshall / 68 Comments

head explodes

My head hadn’t exploded for a while, and I thought perhaps it had built up some immunity from the detonating effects of ethics breaches that defied all reason. Then I read this in Politico:

Former White House Press Secretary Jay Carney will join CNN as a political commentator, the network announced Wednesday.

He will start Wednesday night as President Barack Obama makes a primetime statement about the Islamic State of Iraq and the Levant , Sam Feist, CNN’s Washington bureau chief said in a statement.

“Jay’s unique experience as both a journalist and a White House press secretary make him an invaluable voice for the network as we cover the final two years of the Obama Administration and look ahead to the coming campaigns,” Feist said. “We’re fortunate to have Jay on our air tonight to provide analysis and insight surrounding the President’s address to the nation.”

KABOOM!

Get the squeegee and the ladder, hon—my brains are on the ceiling.

Continue reading →

Ethics Dunce: CNN Morning Anchor Carol Costello

/ Jack Marshall / 12 Comments
Sorry Carol; you should have had this years ago.

Sorry Carol; you should have had this years ago.

I just checked. I was certain that I had named Carol Costello an Ethics Dunce a half-dozen times at least, and discovered, to my shock and shame, that she has never been designated one here. Unethical Quotes of the Month, the chief offender in various disgraceful and biased performances by CNN or the news media as a whole, but somehow the most throbbingly ethics-challenged broadcast journalist not employed by MSNBC or Fox has never been honored as an Ethics Alarms Ethics Dunce!

Well, that streak ends now, and I can make it short and sweet.

This morning, Costello once again confidently proclaimed her lack of familiarity with the concept of ethics by summing up the conviction of former Virginian Governor Bob McDonnell and his wife for bribery and corruption this way:

“Now the Virginia legislature needs to pass tough new ethics laws so this never happens again.“

I’m just going to go into my shed with a hammer, and club myself into oblivion, because obviously my life is pointless and an utter failure. Continue reading →

Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

/ Jack Marshall / 28 Comments
McCulloch: Mission Impossible

McCulloch: Mission Impossible

  • CNN’s Unethical Experts. Where does CNN find these people? Carol Costello interviewed two former prosecutors regarding the beginning of grand jury deliberations in Ferguson, both female; one white and blonde, one African American. (As soon as I retrieve the names of these disgraceful representatives of the legal profession, I’ll add them to the post.) The African American prosecutor made her position clear: since St. Louis County Prosecutor Robert McCulloch has the authority to charge Officer Darren Williams without resorting to a grand jury, that’s what he should do. She termed his resort to a citizen panel to review the evidence a “punt.” Note that McCulloch’s critics have no idea what evidence is in his hands, so criticizing his decisions regarding it is by any measure irresponsible, unprofessional and unfair. She also  suggested that McCulloch was biased against African Americans because his father, a police officer, had been shot and killed by a black man. She presented no other evidence of racial bias. Then Costello went to the blonde ex-prosecutor, who a) agreed that using the grand jury was a “punt”—again without her personal knowledge of the evidence being considered; b) opined that the evidence was probably a mess, and was not clear enough or sufficient to conflict the officer of anything, so c) what should be done is appoint a special prosecutor as in the Trayvon Martin case. She noted that the Martin special prosecutor, Angela Corey, brought an indictment without using a grand jury, and that while the case may not have had enough evidence to sustain a conviction...“at least it calmed things down.”   

Continue reading →