appearance of impropriety

Ethical Quote Of The Month: David French

/ Jack Marshall / 18 Comments

“For more than a year, I’ve been challenging conservative readers to look at Trump’s actions and imagine how they’d react if Democrats were behaving the same way — to apply the same standards to their team that they’d apply to their opponents. Now, I want to challenge my progressive readers: Consider how you would respond to the federal bureaucracy with the opposite ideological imbalance. Would you have confidence that it would apply the law and Constitution fairly? Would you be alarmed if you found that a senior FBI agent so biased and reckless was playing a key role in the investigation of a Democratic president?”

——National Review writer David French, in his article, “Peter Strzok’s story will hurt public trust in the federal government at the worst possible time.”

The Strzok story, an embarrassment to the Special Counsel’s inquiry, is just one more that the mainstream media has, in sequence, tried to ignore, spin, bury, and brush off as a “conservative” obsession.  French is a credentialed “Never-Trumper,”{ but he knows an appearance of impropriety, poor oversight and conflicts of interest when he sees them:

…Robert Mueller had months ago asked a senior FBI agent to step down from his role investigating the Trump administration. [He] was caught in an extramarital affair with an FBI lawyer. The affair itself was problematic, but so was the fact that the two were found to have exchanged anti-Trump, pro-Hillary Clinton text messages….

…This agent, Peter Strzok, also worked with FBI director James Comey on the Clinton email investigation. In fact, he was so deeply involved in the Clinton investigation that he is said to have interviewed Cheryl Mills and Huma Abedin, and to have been present when the FBI interviewed Clinton. According to CNN, he was part of the team responsible for altering the FBI’s conclusion that Clinton was “grossly negligent” in handling classified emails (a finding that could have triggered criminal liability) to “extremely careless” — a determination that allowed her to escape prosecution entirely. After the Clinton investigation concluded, Strzok signed the documents opening the investigation into Russian election interference and actually helped interview former national-security adviser Michael Flynn. In other words, it looks like a low-integrity, reckless, biased bureaucrat has played an important role in two of the most important and politically charged criminal investigations of the new century. Yes, it’s good that Mueller removed Strzok when he discovered the text messages. No, Strzok is not solely responsible for the conclusions reached in either investigation. But his mere presence hurts public confidence in the FBI, and it does so in a way that further illustrates a persistent and enduring national problem: America’s permanent bureaucracy is unacceptably partisan.

…It is to Robert Mueller’s credit that he took swift action against Strzok. It’s a problem that, as the Wall Street Journal observes, he “kept this information from House investigators.” For a critical mass of the public to have confidence in Mueller’s investigation, it must be as transparent and accountable as humanly possible. A proper investigation into Russian interference in our election is vital to the health of our democracy. A biased and opaque probe, however, will do far more harm than good.

French is bending over backwards to be fair, but he goes so far he may snap. Mueller must know his team, and he must understand, or one would think he would, that if he finds anything that justifies action against the President of the United States, it is essential that there be no hint of bias or partisan conflicts. How could he allow someone like this to play a key role in his investigation? The Wall Street Journal asked,quite reasonably,

Special Counsel Robert Mueller’s team is emphasizing its ejection of FBI agent Peter Strzok immediately upon learning about anti-Trump texts he exchanged with another FBI employee, Lisa Page, before the 2016 election. But when did the FBI learn of the messages? …[W]hen did the FBI dig up and turn over that very first tranche? How long has the bureau known one of its lead investigators was exhibiting such bias? Was it before Mr. Mueller was even appointed? Did FBI leaders sit by as the special counsel tapped Mr. Strzok? In any case, we know from the letter that the inspector general informed both Messrs. Rosenstein and Mueller of the texts on July 27, and that both men hid that explosive information from Congress for four months. The Justice Department, pleading secrecy, defied subpoenas that would have produced the texts. It refused to make Mr. Strzok available for an interview. It didn’t do all this out of fear of hurting national security, obviously. It did it to save itself and the FBI from embarrassment.

Yet when the President made some derogatory tweets about the FBI, the news media as one treated it as if he were committing blasphemy. The tweet, as usual, were foolish and unprofessional. Trump was wrong to send them, as usual, but I don’t see how anyone can argue that the substance of what he wrote is wrong. Continue reading →

Morning Ethics Warm-Up, 12/5/17: Ethics Chaos Everywhere—Lawyers, Law Enforcement, Government, News Media. Is This A Great Country, Or What?

/ Jack Marshall / 56 Comments

Good Morning, everybody!

1 Wait, What??? ABC has announced that suspended reporter Brian Ross will no longer handle stories involving President Trump after Ross returns from his suspension. The suspension, you will recall, was occasioned by his misreporting of a matter involving the Mueller investigation and causing a stock market dive as a result.

This makes no sense at all. Either Ross is a professional, competent journalist who can be trusted to report the news without allowing his biases to distort the facts, or he is not. If ABC deems Ross too unreliable and partisan to report on stories involving the President of the United States, then—can I say obviously?—is also too reliable to be a reporter at all.

In his weekly unhinged hate-rant against President Trump—this one claims that favoring “national security and sovereignty; economic nationalism; and deconstruction of the administrative state” proves the President is a Nazi—Charles M. Blow writes, “Trump’s continued attacks on the media — and on truth itself — is an attempt to weaken the watchdogs, to grease the skids toward more oligarchy, more authoritarianism, more fascism.”

Are even New York Times readers gullible enough to buy that absurd description of the news media any more? The Ross fiasco is only the latest in a chain of thousands, some more minor, many not, that prove beyond any reasonable doubt that the news media is not a respectable watch dog, and that truth is the farthest thing from its agenda. The op-ed page that Blow squats on is a daily display of deceit and anti-Trump propaganda. There has never been anything like it in the history of the legitimate press. The same day Blow’s screed appeared, Times editors went full race-baiter, publishing a column that cherry picked  black athletes, celebrities  and politicians the President has issued insulting tweets about, regardless of the topic or issue, to show that he’s obviously a racist. (For example, since the NFL player who stood during the Mexican national anthem while having Kaepernicked for weeks in games played in the U.S., the President tweeted criticism was racist.) My junior high school journalism teacher, who advised the student newspaper, would have flagged this is terrible journalism, but Timed editors think it’s just great,

Watchdogs.

Right. Continue reading →

President Trump’s First Year: The Ethics Alarms Ethics Audit

/ Jack Marshall / 62 Comments

 

I planned to do this on November 8, but other matters intervened. Properly I should wait until January, I suppose. Yet I don’t see the grades changing significantly in a month or two.

For the most part, this ethics audit doesn’t consider policy matters. Calling policies unethical is usually a cheap shot and an expression of partisan priorities. I believe that the DACA is unethical; many believe that killing it would be unethical. I could not make a useful analysis using these kinds of controversies.

To keep this simple, I’m going to use the relevant ethical values listed in the Josephson Institute’s Six Pillars of Character, and add some extra categories at the end. As a preface, I have to say that there aren’t many surprises here. I had already concluded long ago that the concept of ethics is meaningless to Donald Trump. In Three Circles terms, he has only one circle, his own, and a Core circle unmoored to either a formal code of ethics or public standards of conduct will only be ethical by accident. I was hopeful that, like other Presidents of dubious character and troubling pasts when they reached office, Trump might make a concerted effort to adopt more traditional Presidential ways. This was always a long-shot, and so far, I see no signs of it happening.

Here are President Trump’s ethics grades through November of his first term, with comments and explanations where needed: Continue reading →

Morning Ethics Warm-Up, 11/18/17: (Part Two) Debunking WaPo’s False Claim That Shep Smith Debunked The Uranium One Scandal, And More

/ Jack Marshall / 3 Comments

And good morning again!

(Continuing from Part One…)

5. Why journalism is beyond hope…Shepard Smith, the #1 Fox New anchor who is reliably skeptical, independent and brave pointed out that the reporting, especially by his own colleagues at Fox, on the Hillary/Russia/Uranium One scandal:

“Now, here’s the accusation,” Smith said.

Nine people involved in the deal made donations to the Clinton Foundation totaling more than $140 million. In exchange, Secretary of State Clinton approved the sale to the Russians, a quid pro quo. The accusation [was] first made by Peter Schweizer, the senior editor-at-large of the website Breitbart in his 2015 book “Clinton Cash.” The next year, candidate Donald Trump cited the accusation as an example of Clinton corruption.

Smith pointed out that the statement  was “inaccurate in a number of ways.” “The Clinton State Department had no power to veto or approve that transaction,” he noted, explaining that it had to be approved by an interagency committee of the government consisting of nine department heads, including the Secretary of State.

“The accusation is predicated on the charge that Secretary Clinton approved the sale,” Smith said.  “She did not. A committee of nine evaluated the sale, the president approved the sale, the Nuclear Regulatory Commission and others had to offer permits, and none of the uranium was exported for use by the U.S. to Russia.”

This was reported by the Washington Post as Smith “debunking his network’s favorite Hillary Clinton ‘scandal'” Now I have to debunk the Washington Posts’ false’ characterization of what Smith did and said.

Smith had obviously read the fact-check by the most reliable and objective of the various fact-checking organizations, Fact-Check.org. It makes the same point Smith does, but also concludes,

“It may be that individuals and companies sought to curry favor with Hillary Clinton and even influence her department’s decision on the Uranium One sale. But, as we’ve written before, there is no evidence that donations to the Clinton Foundation from people with ties to Uranium One or Bill Clinton’s speaking fee influenced Hillary Clinton’s official actions”

There’s no evidence that fugitive Marc Rich’s ex-wife’s huge gift to the Clinton Library influenced President Clinton to pardon her scumbag, irredeemable ex, either, but the timing was sufficiently suspicious that most have conclude that it was indeed a quid pro quo. These transactions are notoriously hard to prove, which is why there are ethics rules requiring Secretaries of State to avoid harming the public trust by engaging in “the appearance of impropriety.” Allowing her foundation to accept millions from foreign entities with a matter of interest before Clinton’s department was a direct violation of the conditions under which she was confirmed by the Senate. The fact that she alone didn’t have to approve the sale doesn’t alter the fact that she had a major conflict, and was obligated to recuse herself entirely. She didn’t. Scandalous, and suspicious. If Bill didn’t get all taht money, far more than his usual fee, because of the pending approval of the uranium deal, why was he paid so much? Suspicious. Scandal.

Yes, we know the Clintons were masters at influence peddling, and covered their tracks better than most. Smith explained to viewers that his own network and President Trump, among others, were misrepresenting the facts. Good for him.

But he did not “debunk” the accusation that the Clintons’ conduct was suspicious, irresponsible, a breach of government ethics standards, and quite possibly corrupt. A Fox anchor corrected his own network’s hyping, and then the left-biased news media used that clarification to mislead the public in the other direction.

Hopeless. Continue reading →

Morning Ethics Warm-Up, 11/6/17: Oh, Great, A Predictably Dishonest Post-Shooting Response, While Democrats Defend Conflicts, Corruption And Stereotyping

/ Jack Marshall / 85 Comments

Good Morning!

1 I thought the weekend’s violence story was going to only be Senator Rand Paul getting attacked and beaten up by his next-door neighbor, a frustrated socialist, but no. Then we learned that a madman in Sutherland Springs, Texas had opened fire on a church congregation and killed at least 26, wounding another 30 or more.

It now appears that the shooter was not permitted to purchase or own guns, which means that no law, short of gun banning and confiscation—good luck with that in Texas—could have prevented the massacre. Nevertheless, the immediate—can I say hair-trigger?—response from predictable anti-Second Amendment demagogues came in waves. Notable was the country’s #1 demagogue—and yet she persists!—Bay State Senator Elizabeth Warren, who in successive tweets signaled her gun-fearing virtue to gentle progressives, presumably the ignorant ones:

“I’m heartsick for the victims, families & community of Sutherland Springs. But I’m more than heartsick – I’m angry…How many more people must die at churches or concerts or schools before we stop letting the @NRA control this country’s gun policies?…How many kids must die of gun violence on playgrounds & streets every day with no attention at all before we wake up to what’s happening?…Thoughts & prayers are not enough, GOP. We must end this violence. We must stop these tragedies. People are dying while you wait.”

What does this mean? All it means is “Do something! ARRGH!” That is not a mature, rational, professional and responsible reaction from an elected official. The other thing it means is “repeal the Second Amendment,” which is the anti-democratic position of most of Warren’s supporters and followers. Since this episode would not have been prevented by anything but preventing the availability of guns nationwide, except, of course, to the government the public does not trust, Warren is doing nothing more nor less than blaming Republicans and the NRA for a lunatic’s rampage no one could have foreseen or prevented. This, in turn, ramps up the partisan and ideological hatred and division that has been the strategy of Democrats for a full year now, and that leads to Republicans being shot on baseball fields, Senators being mauled by socialist neighbors, and maybe even some mass shootings.

Then we have the muddled and useless “thinking” conveyed by this kind of fatuous commentary, which, to summarize, argues that we need “new ideas” and that a single maniac’s single act from motives nobody yet knows tells us that the rest of the public is devoid of optimism and hope. The author’s candidate for a “new idea”? “Maybe we need to start thinking about guns the way one physician has started thinking about opioids.”

Or maybe we should take a gun apart, put it in a brown paper bag, spin it over our heads and scream like a chicken. Although that’s not exactly new…

On the conservative side, gun defenders are making great hay out of the apparent fact that the killer was pursued and perhaps killed by legally gun-toting church neighbors. That’s moral luck, and nothing more.

2. The Democratic Party really is doubling down on its denials of Donna Brazile’s not-quite-whistle-blowing-since-the game-she-helped-try-to-cheat-in-was-over- a-year-before -she-blew. Amazing. I heard Robbie Mook, Hillary’s incompetent and corrupt former campaign manager, argue that Bernie’s campaign could have bought into the DNC too, so Brazile’s accusation is unfair. The agreement that gave the Clinton campaign control over the DNC was cut in 2015, before the Sanders campaign was anything but a hope, a prayer, a lark and a shadow. Of course Clinton had money: she had been gathering a coronation war chest for years. This was a bright line, classic, conflict of interest by the Democrats, and one that created a terrible appearance of impropriety (because it WAS improper) , except that it was kept a secret. That the Democrats deny this indicates that they don’t know what is inappropriate, and don’t see anything wrong with conflicts of interest as long as they suit their needs.

In other words, the party is corrupt, and likes it that way. Continue reading →

Morning Ethics Warm-Up, 11/5/2017: Train Wrecks, Rationalizations, Donna, Debbie, And More

/ Jack Marshall / 32 Comments

Goooooood MORNING!

(I’m over-compensating: I feel horrible today)

1  “These alleged actions, which haven’t been denied, are reprehensible, indefensible and unacceptable. Any elected official or state employee who has settled a sexual harassment claim should resign immediately.The people of Kentucky deserve better. We appropriately demand a high level of integrity from our leaders, and will tolerate nothing less in our state,” said Kentucky Governor Matt Bevin  after it was revealed that Kentucky House Speaker Jeff Hoover (R) recently settled a sexual harassment claim made by a female member of his staff.

What an ethically clueless bit of grandstanding from Bevin. The fact that an accusation hasn’t been denied doesn’t make it true. The fact  an out of court settlement was agreed to doesn’t make the accusation true either. Bevin has just painted a target on any official’s back who might have blundered across a line of workplace propriety once, and done so with an employee with an agenda, a grudge, a bill to pay, or the lack of the ethical intelligence to say, “That was wrong, don’t do it again.”

As usual with elected officials, Bevin is playing human pendulum, pronouncing an unfair and unreasonable standard in response to a culture where there previously were few standards at all.

Thought experiment: let’s say the Harvey Weinstein Ethics Train Wreck revealed itself in the Obama administration, and the uncomfortable woman in this photo…

..goes to Vice President Biden after the shoot and accuses him of sexual harassment, indeed, sexual assault. Uncle Joe apologizes, swears he meant nothing by it, says he always acts like this (because he apparently does), jokes his favorite magician is “David Cop-A-Feel”, just like President George H.W. Bush, but the young woman is adamant. She says she will go to the press and file a lawsuit unless he writes a check. Reluctantly, he does.

Should the Vice-President resign? Or just learn to keep his hands to himself?

2. Sentimentalists and socialists mourning the decline of unions just got a splash of metaphorical ice water in their faces.

After reporters and editors in the combined newsroom of DNAinfo and Gothamist, two of New York City’s leading online news sources, voted to join the Writers Guild of America, the sites’ owner, billionaire Joe Ricketts, announced that both were defunct.

 “DNAinfo is, at the end of the day, a business, and businesses need to be economically successful if they are to endure,” he said. Ricketts had lots money in every month of DNAinfo’s existence, while The Village Voice, The Wall Street Journal and The Daily News were also cutting staff and costs. What were his writers and editors thinking? Continue reading →

Morning Ethics Warm-Up, 10/24/17: It’s The Andrew Sullivan Show!

/ Jack Marshall / 47 Comments

Still trying to clear the decks..

1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:

I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:

For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.

This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.

Bingo.

2. A post that fell through the cracks months ago involved one more example of California morphing into Bizarro USA. Then the post was about a speech-dictating bill passed by the legislature; this month, Jerry Brown signed it into law. The bill was SB-219, changing the laws regarding health care facilities, including nursing homes. Continue reading →

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

/ Jack Marshall / 21 Comments

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading →

Morning Ethics Warm-Up, 9/30/2017: The Price Is Wrong, Traveling Men The Trump Cabinet,And The Return Of “Will & Grace”

/ Jack Marshall / 34 Comments

Good Morning!

1 Under pressure from President Trump, who shouldn’t have appointed him in the first place, Health and Human Services Secretary Tom Price resigned  yesterday. He, along with other Trump officials, was under Congressional scrutiny for using expensive charter and military flights unnecessarily, costing taxpayers at a time when the administration is supposedly watching the budget. Under Federal Travel Regulations, officials are told to take the “most expeditious” means of transportation which “by no means should include personal use,” Chairman Trey Gowdy and ranking member Elijah Cummings had written to  letter to Price, 23 other agency heads, and the White House. Price has spent more than $400,000 on taxpayer-funded private jet travel since May.

Price’s abuses included a $17,760 round trip on a charter jet to Nashville, where the HHS Secretary stayed less than six hours, including lunch with his son. The day before he resigned and a day after the President publicly expressed displeasure over the travel abuses, Price had apologized. “Today, I will write a personal check to the U.S. Treasury for the expenses of my travel on private charter planes. The taxpayers won’t pay a dime for my seat on those planes,” Price said in a statement, adding that he will no longer take private planes while serving as Secretary. “No exceptions.” This was deceit, however. The repayment was just $51,887.31, a fraction of the true cost to the government. That was, as Price said, the cost of  the secretary’s “seats” if had flown commercial.

Price is not the only Trump official whose travel practices and expenditures raise at least the appearance of impropriety, but if one had to be the symbolic whipping boy, Price was a great choice. He was also my choice back in January for “Trump Cabinet Appointee Most Likely To Make Money Off Of His Position.” In a post expressing disgust at Price’s appointment, I wrote,

“Last year, Price purchased shares in Zimmer Biomet, a medical device manufacturer right before he introduced  legislation that would have directly benefited the company. Price bought between $1,001 to $15,000 worth of shares in the company last March, and then, less than a week after the transaction,  introduced the HIP Act…to delay until 2018 a regulation that industry analysts believed  would significantly hurt Zimmer Biomet, one of two companies most affected by a regulation that limits payments for joint implant procedures. Not only did Price have a financial stake in the regulation he tried to stall,but after Price introduced  his bill, Zimmer Biomet’s political action committee donated to the Georgia congressman’s reelection campaign.”

2. Losing one arrogant, travel-abusing high official may not be enough. It’s an interesting problem: is it fair to make one miscreant the focus of abuses that involve many? No; it’s also not practical, and therefore not responsible, to behead a significant portion of the Executive Branch because oversight was lax and an unethical culture had been allowed to take hold. I think Veterans Affairs Secretary David Shulkin would be an excellent and deserving candidate to join Price as metaphorical head on a pike.

Shulkin took a 10-day trip to Europe this past July, for meetings with Danish and British officials about veterans’ health issues. He treated much of the trip as a vacation, taking in a Wimbledon championship tennis match, touring Westminster Abbey and taking a cruise on the Thames with his wife, whose expenses were also paid for by you and me. The federal government paid for the commercial flights for Shulkin and his wife, and provided a per-diem reimbursement for their meals and other expenses. How did Mrs. Shulkin rank reimbursements and taxpayer-funded airfare? A VA spokesman explained that she was traveling on “approved invitational orders” and had “temporary duty” travel expenses.

In other words: “Huminahuminahumina…” Continue reading →

The Alabama U.S. Senate Republican Run-Off: The Worst Choice Ever [UPDATED]

/ Jack Marshall / 9 Comments

And you thought having to choose between Hillary and Donald Trump was bad!

The upcoming Republican run-off for the special election to choose a successor to Alabama previous GOP Senator Jeff Sessions, now U.S. Attorney General, is as bad as it gets. Whoever wins is certain to be elected in super-red Alabama over Democrat Doug Jones, but one GOP candidate is corrupt and absurd, and the other is absurd, a fanatic and a habitual scofflaw. Both can be counted upon to immediately lower the ethical and intellectual level of the U.S. Senate, and normally I would assume that only electing a horseshoe crab or some other lower species could do the latter, while nothing short of sending Hillary Clinton back there could accomplish the former. That Alabama voters would allow their state’s seat in the U.S. Senate to depend on a run-off between these two examples of the worst of the U.S. politics bestiary doesn’t merely show that the state is backwards, it shows that its voters deserve one of these jerks. The rest of us, however, do not.

Let’s look at the two contestants, shall we? First current Senator Luther Strange, whose best feature is his name. Allow me to save you a click by re-posting a substantial section from February’s post about him:

When the Senate confirmed Jeff Sessions as U.S. Attorney General in hearings that may be best remembered as the time Elizabeth Warren earned the fawning admiration of feminists by behaving like a mean-spirited jerk, it meant that Alabama’s Republican governor got to appoint his successor. There wasn’t much discussion in the news media about who this might be, because it’s hard for journalists to inform the public properly when it is concentrating on bringing down the President, per the orders of their Eldritch Progressive Masters—sorry, I’ve got Dr. Strange stuff rattling around in my brain now—but there was some interesting speculation in Alabama.

You see,  Republican Governor Robert Bentley is fighting to avoid  impeachment as the result of a sex scandal, and one that called his honesty into question as well.

An official fired by Bentley alleged that the Governor had engaged in an extramarital affair with his senior political adviser, Rebekah Caldwell Mason. An audio recording surfaced in which Bentley told a woman named “Rebekah” that he “worr[ied] about loving you so much” and that “[w]hen I stand behind you, and I put my arms around you, and I put my hands on your breasts […] and just pull you real close. I love that, too.” At a press conference, Bentley apologized for the comments but denied having an affair and stated that his relationship with Mason was purely platonic.

Sure.

Bentley invaded the Ethics Alarms Rationalizations List, saying that  he “had made a mistake” by saying “inappropriate things” to his aide, and apologized to Mason , her family and to the people of Alabama. On April 5, 2016, an impeachment resolution against Bentley was filed in the State Legislature, which appointed a special counsel to lead an investigation into the impeachment charges. Then, in November, Alabama Attorney General Luther Strange asked that the investigation be halted pending “related work” by his office. This was widely interpreted to mean that Strange, also a Republican but not an ally of Bentley’s, was overseeing his own investigation of whether charges should be brought against Bentley.

Trump was elected President on November 8, and ten days later he announced his intention to nominate Alabama Senator Jeff Sessions as U.S. Attorney General. On December 6, 2016, Strange announced that he was a candidate for the soon to be vacant seat, meaning that he would run in the 2018 election, if he wasn’t appointed to fill the vacancy by Bentley.

With the wolves gathering at  his door, however, that’s exactly what Gov. Bentley did. He appointed the man who was overseeing his current impeachment investigation to the U.S. Senate, thus creating a vacancy in the Attorney General’s post. Then he appointed a new AG named Steve Marshall (no relation), who many doubt will vigorously pursue an indictment against the governor.

Can you say, “Appearance of impropriety”?

I can’t imagine a better example of how the law can’t anticipate everything, making ethics indispensable.   There is an Alabama law prohibiting a governor from appointing himself to fill a U.S. Senate vacancy, but nobody foresaw a situation where a governor facing impeachment would interfere with the investigation by appointing a political adversary and the Attorney General overseeing the investigation to fill the slot. This is entirely legal, and spectacularly unethical.

Some in the state wonder if Strange’s request to the legislature wasn’t part of a deal with the Governor, in anticipation of a Sessions departure.  “He definitely slowed down the impeachment process, which put the governor in a place to actually appoint him. That’s the problem we have,” said Ed Henry, the legislator who brought the original  impeachment motion to a vote.  “He stopped an impeachment process and then in turn accepted the nomination to the Senate. I believe the damage is already done.”

For this to have been a pre-arranged  quid pro quo would have required that Strange and Bentley both believe that Trump would win, however. Hmmmm. Maybe they were in league with the Russians too…?

Yet it requires no conspiracy theory to conclude that for Strange to accept Bentley’s appointment makes him complicit in a sequence of events  that appears corrupt. It is too redolent of the Roland Burris affair, when now jailed former Illinois governor Rod Blagojavich was caught selling a Senate appointment. Burris swore in an affidavit  that he had no contact with the governor prior to his appointment to a Senate seat he had no qualifications for, and then as soon as he was safely on office, suddenly remembered that he had met with “Blago.”

The newly minted Senator Strange, had he been an ethics hero—and shouldn’t we be able to expect our elected officials to be ethics heroes?—could have foiled Bentley, inspired Alabamans, and proved that he would be a worthy Senator when he ran in 2018, if he had simply turned down the appointment, saying,

‘I am grateful and honored that Governor Bentley felt that I was qualified to represent the citizen of Alabama in the U.S. Senate. However, I feel I would betray the trust of those same citizens if I were to accept the post under these circumstances. As the lawyer for the people, I am obligated to undertake and oversee a fair and objective investigation of serious allegations against the Governor, and this raised a conflict of interest for me, pitting my personal political ambition against my duties in my current position. Moreover, should I accept the Governor’s offer, it would raise doubts regarding the functioning of the legal system as well as my personal integrity. Therefore I must decline the appointment.’

Nah.

Now, however, the Senator has proven himself unworthy of his new job by accepting it.

Strange!

Now normally I would say that anyone—Kathy Griffin, Jimmy Kimmel, Dormammu—is a preferable U.S. Senate choice than this shameless, ambitious hack. Roy Moore, however, is a piece of work. The one-time kickboxer and full time fundamentalist Christian fanatic first warranted Ethics Alarms notice as an Incompetent Elected Official in 2014, and his recognition came that late only because I viewed his stand-off over displaying the Ten Commandments in his court room and trying to turn Alabama justice into a theocracy too ridiculous to write about (and Ethics Alarms didn’t exist then.) Continue reading →