Bill Clinton

Ethics Over Compliance: The Dutch Banker’s Oath

/ Jack Marshall / 7 Comments

bankers oath

“Professional ethics” is a never-ending battle between compliance and ethics, between rules and penalties on one side, and principles and values on the other. Compliance is easier: all you do is tell people with rules and regulations what they must or can’t do, and promise that there will be consequences if those rules are violated. For ethics to work, people actually have to understand ethical values and be committed to living by them in a professional context.

Compliance has little to do with ethics. Jack the Ripper will follow rules if they are clear, if he knows he’ll get caught if he violates them, and if the punishment when he does will be  harsh enough. That won’t make him ethical. In fact, compliance–rules-based professional conduct control—is often antithetical to ethics. Rules and laws are merely a challenge to the type that Oliver Wendell Holmes called “The Bad Man”-–which includes bad women—to find ways to do things that are wrong but that avoid violating rules sufficiently to justify punishment.  This is why most compliance codes have language in their introductions noting that it’s impossible to make a code that will cover every wrong someone can think of, so ethics are important too.

Pure compliance-based systems don’t improve ethical conduct. The financial collapse in 2008 was largely caused by financial manipulators operating in the grey areas of the rules and laws—that’s why so few of them could be prosecuted. In politics, The compliance mindset is extremely convenient for clever liars and cheats like the Clintons, which is why Hillary could try to explain her e-mail shenanigans by saying that “I fully complied with every rule I was governed by (heh-heh-heh!).” Unethical people will always find ways to get around rules. Ethical people, in contrast, barely need rules at all.

Another benefit of ethics over compliance is that ethics rules–compliance codes—have to be long and detailed, otherwise it’s too easy for Clinton-types to find loopholes, though they usually will find some anyway. Ethical values, on the other hand, can be stated very simply. An ethical employer thinks, “Hmm, that intern is cute, but I am married and have duties of loyalty and honesty to my wife and family, and it would be an abuse of power and influence as well as irresponsible for me as a leader to have an affair with someone under my supervision in the organization.” The Bad Man thinks, “Wow, she’s hot; my wife won’t care as long as I’m not caught; getting a hummer isn’t considered sex where I come from, and there’s nothing that says a President can’t fool around!” For the former, “A leader should not have sex with subordinates” is clear as a bell; his values tell him why. The latter, though, is thinking, “Hmmm. How can I get around this? That rule says “should” but not “shall”— that’s good. No punishment is specified. Sounds like more of a guideline than a rule. “Sex”—that must mean sexual intercourse: great! Lots of wiggle room there. And “subordinate”—is an intern really a subordinate? And I bet I could argue that this is personal, not official conduct. All good…now where’s that cigar?“

Invoking ethics rather than compliance is a new oath required by the Dutch Bankers Association. It could be printed on a postcard, and if a banker is ethical, it is all he or she needs:

I swear within the boundaries of the position that I hold in the banking sector…

…that I will perform my duties with integrity and care;

…that I will carefully balance all the interests involved in the enterprise, namely those of customers, shareholders, employees and the society in which the bank operates;

…that in this balancing, I will put the interests of the customer first;

…that I will behave in accordance with the laws, regulations and codes of conduct that apply to me;

…that I will keep the secrets entrusted to me;

…that I will make no misuse of my banking knowledge;

…that I will be open and transparent, and am aware of my responsibility to society;

…that I will endeavor to maintain and promote confidence in the banking system.

So truly help me God.

And if a banker isn’t ethical,

it won’t matter anyway.

__________________________

Pointer: Legal Ethics Forum

Sources: Bloomberg, The Conglomerate

Graphic: Bloomberg

Jerks, Liars, Hypocrites, Fools and Hoosiers: 10 Ethics Observations On Indiana’s Religious Freedom Restoration Act Controversy

/ Jack Marshall / 69 Comments

Indiana5

1. The law was passed to make discrimination against gays, trans individuals and especially same-sex couples seeking marriage if not easier, to at least seem easier. Anyone claiming otherwise is lying, or being intentionally obtuse. Would Indiana be passing this law without the Hobby Lobby decision or the various court rulings requiring photographers, bakers, and other businesses to provide the same products and services to gay couples that they do to heterosexuals? Yes, you say? Tell me another.

As GLAAD alertly pointed out, Governor Pence was surrounded by anti-gay activists when he signed the bill:

GLAAD Pence

This is res ipsa loquitur, and doesn’t speak well for the Governor’s candor or intelligence.

2. Context matters. The original laws of this sort (the Federal law signed by President Clinton is also called the Religious Freedom Restoration Act) were part of the left’s long range pro-drug strategy, like medical marijuana. It was essentially a hippie law designed to create a slippery slope to recreational drug legalization by allowing fringe religious groups, specifically Native American tribes, to use peyote in tribal ceremonies. Now you understand why Clinton signed the bill.

Oops. Excuse me if I enjoy the spectacle of the clever members of the Church of the Perpetually Stoned—including the ACLU, which once supported such laws as long as they pointed the way to their young lawyers being able to have their Saturday night joints legally but now opposes them—being hoisted on their own petard.

“When the federal government adopted a religious protection act in 1993, same-sex marriage was not on the horizon,” whines the New York Times. Well, competent, well-considered, properly drafted, responsibly passed laws don’t suddenly become unbearable, then fine, then unbearable again with every shift of the cultural winds. The intent of the law was never to protect mainstream religions, but cloaked itself in language that did. It backfired.

3. That being stipulated, the good states need to read their own laws before they start grandstanding. Connecticut Governor Dan Malloy just announced on Twitter that he plans to sign an executive order banning state travel to Indiana in response to its Religious Freedom Restoration Act. Yet Connecticut, hippie enclave and bedroom community of rich, white, liberal New Yorkers that it is, happily jumped on the religious freedom train with a law of its own, one that, as the Federalist points out, makes discrimination on the basis of religion easier than the Hoosier version, which only prohibits the government from substantially burdening religion. Connecticut’s law does not include the word “substantially,” meaning that all government-enacted burdens on religion are theoretically illegal.

I wonder how Malloy is going to ban government travel to Connecticut? Is the theory that the same law can be good when liberal states pass it and evil when those bad conservative states pass it? It is more likely that the governor hasn’t looked at his own state’s law.

4. The hysteria being stirred up over the supposed horribles Indiana’s law will lead to is irresponsible. Jonathan Adler explains on The Volokh Conspiracy: Continue reading →

Hillary’s Defense: An Ethics Mess

/ Jack Marshall / 45 Comments
  • I’m going to go rely heavily on links here. I have written a lot about this story already, and there are many other issues to cover. I’ll summarize the content in the pieces linked to, but the thrust is this: Hillary’s explanation in her 20 minute press conference was deceitful, dishonest, and unbelievable. Of course it was.
  • I would declare Hillary’s e-mail fiasco an Ethics Train Wreck, and still might, except that so many are refusing to buy a ticket. Even Bill is afraid to go near the tracks.
  • There are a few who are disgracing themselves—I don’t count paid Clinton cleaners like Lanny Davis, or Media Matters—but one head-exploding performance I saw today was that of Van Jones, the former White House Czar turned CNN pundit, in a “New Day” discussion this morning paired with CNN’s resident conservative pundit—because heaven forbid we examine Clinton’s conduct based on truth, honesty, and principles rather than as political gamesmanship. The two (Ann Navarro for some reason is the only Republican CNN can usually find in the morning) were asked about the phony “Colin Powell did it!” defense dreamed up in the Clinton bunker. Navarro, like anyone else who has examined that argument, found it to be bunkum, simply because the use of e-mail, its regulation in government and what we know about e-mail security has changed so much since Powell referred to it as “new-fangled.” Here’s what Jones said, after first saying that he couldn’t argue with Navarro on her reasoning, emphasis mine:

“Again, she’s playing to the heartland. If you say, listen, I did what Colin Powell did. I’m trying to do a good job. I want convenience. You know, the average person in the heartland, if you hate the Clintons, no answer is good enough. But if you’re — if you’re an honest person, well, geez, maybe this makes sense. I actually do agree, though, that we are in a different world from the Colin Powell days. I think the Colin Powell excuse sounds really good from a press point of view. I hope she keeps saying it. But I do think that, at the end of the day, we are in a different world.”

That’s Jones; that’s the Democratic spin machine, that’s the “the ends justify the means” crowd, and that’s who the networks are asking for analysis: ‘Yes, it’s just designed to confuse the yokels, and it’s not true, but it works,and I hope she keeps saying it.’

Kaboom.

Exploding head

There goes the old skull, exploding again.

Have I ever heard such an open, shameless admission that politicians not only do deceive the public, but that these horrible people like Jones think it’s fine if they do? Fire him. Continue reading →

Ethics Observations On The Selma Celebration “Gotcha’s!”

/ Jack Marshall / 12 Comments

Selma redux

1. The big controversy as of this morning involved the New York Times front page photo, which managed to be cropped exactly at the point where former President Bush could have been seen. Given the Times’ proclivities, conservative blogs and Fox News presumed the snub was intentional. If it had been intentional, that would have indeed been disrespectful and unethical photojournalism. The Times explanation, however, seems reasonable. It tells us something, though, that nobody at the Times saw this coming. I think it’s incompetence born of bias. “Where’s Bush?” “He was too far down the line, so the photo looks lousy if he’s included.” “Damn. Well, put a note in explaining that.” Bias makes us stupid, and the fact that no Times editor had this conversation is, in fact, stupid.

2. If the NAACP was setting the place cards, and I assume they were, then Bush should have been second row center, and not an MSNBC demagogue and race-hustler who owes the U.S. back taxes. Talk about biased and stupid. The NAACP claims it wants to be a unifying force in the country, but it doesn’t. It promotes divisiveness,and intentionally. It’s good for business.

3. A graceful, fair, respectful and competent President of the United States would have insisted that his immediate predecessor be in a position of prominence, as part of the message that this event was an important part of the history of America and all Americans. It would have been the right thing to do. Bush would have done the same for him. But we do not have a graceful, fair, respectful and competent President. We have an arrogant, petty, self-absorbed and divisive one.

4. …who can, on occasion, rise to give an excellent speech, which he did. Continue reading →

Painter Nelson Shanks, Art Fick

/ Jack Marshall / 46 Comments
Shanks. (The photographer hid a tiny image of an asshole in the photo, Nelson. He knew you'd approve.)

Shanks. (The photographer hid a tiny image of an asshole in the photo, Nelson. He knew you’d approve.)

A “fick” is an individual isn’t just unethical, shamelessly unethical, or openly unethical. Fick is the Ethics Alarms term, created in honor of the horrible Leroy Fick, who is proudly and cheerfully unethical. Fick sightings are mercifully rare, but we have a true giant of the species: Philadelphia portrait artist Nelson Shanks. Shanks, who was the artist commissioned by the Clintons to paint the portrait of Bill that hangs in the National Portrait Gallery, just gave an interview to the Philadelphia Inquirer, and without a gun pointed to he head, told them this:

“Clinton was hard. I’ll tell you why. The reality is he’s probably the most famous liar of all time. He and his administration did some very good things, of course, but I could never get this Monica thing completely out of my mind and it is subtly incorporated in the painting.

If you look at the left-hand side of it there’s a mantle in the Oval Office and I put a shadow coming into the painting and it does two things. It actually literally represents a shadow from a blue dress that I had on a mannequin, that I had there while I was painting it, but not when he was there. It is also a bit of a metaphor in that it represents a shadow on the office he held, or on him.”

Fick.

Bill Clinton chose Shanks for this prestigious task, paid him, patronized him, posed for him, and trusted him. And Shanks not only does this trick with the dress shadow, which is bad (making a disguised uncomplimentary reference to a career scandal in an official portrait is a betrayal of the subject whether it is discovered or not —See Rationalization #10, The Unethical Tree in the Forest, or “What they don’t know won’t hurt them.” ), but then makes his conduct public, instantly transforming the portrait from an honor into an indictment. He was not hired to paint an indictment.

Fick

He is using this now to his own advantage, gaining fame and name recognition, possibly enhancing the value of his work, definitely increasing interest in the painting itself. He knows there will be TV interviews and controversy; he knows enemies and critics of the Clintons, Republicans, and many of those–like me— who find Bill Clinton’s continued currency among Democrats, women and feminists infuriating will applaud him, defend him, and even reward him in various ways.

Fick.

He knows what he did was wrong, and knows announcing it is wrong. He’s still pleased with himself.

Fick.

________________________

Pointer: Tim Maher
Facts: Washington Post, Philly.com

Your Presumptive Nominee For President in 2016 Has Been Exposed As Greedy, Arrogant, Dishonest, Conflicted and Corrupt. Now What, Democrats?

/ Jack Marshall / 56 Comments

Hillary-Clinton-Without-Makeup

Today’s Washington Post expands on the Clinton scandal I wrote about here, with new and damning revelations. Not only did Hillary Clinton’s family Foundation accept millions of dollars in contributions (that is, bribes) from foreign governments while she was Secretary of State, at least one of these violated even the excessively permissive and unethical conditions permitting  such gifts (that is, bribes) agreed to as a condition of her confirmation. Here are some quotes from the story by Post reporters Rosalind S. Helderman and Tom Hamburger, which you should read in its entirely, with horrified comments from me interspersed: Continue reading →

The Clinton Foundation’s Latest Donor Policy Prompts This New Ethics Alarms Policy: Hillary and Bill Clinton Are Henceforth Ineligible For Future “Ethics Dunce” Awards, Since They Both Understand Ethics Very Well— They’re Unethical Because They ChooseTo Be

/ Jack Marshall / 18 Comments
clinton_foundation

“Making life easy for the Clinton family, and ethics be damned”

I apologize for taking such a long time to figure this out. Upon reflection, it’s been obvious for a long time. I wonder if the Clintons’ fans and supporters understand that their heroes have no respect for ethics? Perhaps they don’t care.

The lightbulb went off for me when it was revealed that the Bill, Hillary & Chelsea Clinton Foundation has changed its policy on soliciting and accepting contributions from foreign governments and has now received millions from foreign governments including Qatar, a prominent backer of Hamas.

Playing stupid (and protecting the Clinton’s flanks the best they can, as is their nature), the Washington Post and other media outlets have written that this raises “ethical questions as Hillary Clinton ramps up her expected bid for the presidency.” No, it doesn’t raise any ethical questions at all. This is unethical. It’s blatantly unethical. The Clintons know it’s unethical, but because they are themselves unethical, they are doing it anyway. What’s the question?

At the National Journal, that Passenger Pigeon of journalists, Ron Fournier, correctly calls the decision “sleazy and stupid.” I’m not so sure about stupid, if the only objective is to elect Hillary Clinton, and it is reasonable that Bill and Hillary have concluded that anyone who still supports them care as little about ethics as they doe. Besides, ethics schmethics, LOOK AT ALL THIS MONEY, BILL!

From the Washington Post: Continue reading →

Unethical Quote of the Month: Talking Points Memo Blogger Alana Levinson

/ Jack Marshall / 17 Comments

Biden Harassment

Now I’m wondering whether I’m a “bad liberal” to call him out. That means aligning myself with conservatives who love crying “double standard” on issues like this, not because they actually care about feminism, but to push their liberal media bias agenda.

—–Alana Levinson writing at Talking Points Memo about Joe Biden’s blatant “creepy uncle” sexual harassment at public events, and the news media’s failure to condemn it.

Wait, what?

Is this some kind of weird mutation of logic that only liberals and journalists understand, like the unique language identical twins make up for themselves?

Alana makes a strong case–it’s not hard to make, however—that Vice-President Biden routinely, publicly and shamelessly engages in the exact same conduct that gets employees and executives warned, sued and fired all over America as feminists cheer (as well as non-feminists with a brain, because the employees and executives should be warned, sued and fired).  It’s called “abusing power and position to cop a feel.” Then she writes the quote above, which I don’t understand at all:

Sexual harassment is unethical, disrespectful of women, and illegal.

Liberals have been at the forefront, to their credit, of making this recognition a cultural sea change.

The Vice President of the United States regularly undermines this signature liberal and feminist achievement by flaunting his cluelessness and archaic sexism at public events, either because he’s not paying attention to his own party’s rhetoric (scary) or because he knows he can get away with it (disgusting).

So she’s being a bad liberal if she points out that this is wrong and needs to stop forthwith, and a good liberal to allow it continue, allow the Vice President to act as if women (and, ick, little girls)…

Biden grope2

…are his personal fondle-toys while they silently endure public humiliation and silent discomfort? Continue reading →

No, There’s No Comparison Between Bill Cosby And Woody Allen And No “Double Standard”

/ Jack Marshall / 6 Comments
One of these things is not like the other....

One of these things is not like the other….

Newspapers should make us more informed and smarter, not less informed and dumber. Thus a Washington Post feature this morning qualifies as journalism malpractice, incompetence exemplified. Its theme: “Gee, why is Woody Allen signing a new deal to do a streaming comedy series for Amazon, while Bill Cosby lost his deal with NBC?” The print edition sub-heads: “Crisis responses may explain…”

No, they don’t. This is a false comparison based on superficial similarities: two comics who initially peaked in the same era, both in their seventies, shadowed now by sex scandals. The effort to use one to question the treatment of the other is either intellectually dishonest or so analytically unsound that it should forfeit the authors’ privileges of being assigned to write anything for mass consumption (the Post piece is by Stephanie Merry and Amy Argetsinger, and shame on them). The question of why Allen and Cosby are being treated differently in the court of public opinion isn’t worth asking, but since they asked, here are the obvious answers:

1. Woody Allen’s art, comedy, and persona have never had anything to do with virtue, stable families or being any kind of a role model. As a performer, he has presented himself as perpetually horny, neurotic, obsessed with sex and masturbation, prone to lying, and open to adultery, betrayal, stealing friends’ lovers; in “Manhattan,” he happily romanced a virtual child. In real life, he says things like “The heart wants what the heart wants,” which is a  rationalization for any act unethical or illegal, involving sexual or romantic desire. If you were ever a fan of Woody Allen after the age of 13, you were so because he was funny, accepting the fact that he is at best a sexually obsessed, maladjusted creep.

None of this is true of Cosby, who has always aimed his comedy at innocence, functional families and traditional virtues, and represented his own values as consistent with these when speaking for himself. Sex was not any part of Cosby’s art or image. He was an iconic good guy. Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

/ Jack Marshall / 21 Comments

Rice and Janay

Ethics Corrupter of the Year

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

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

mo_selfie_lg

First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up:  Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading →