The Democrats, Earmarks, and the Transparency Dodge

The arguments for continuing the irresponsible and frequently corrupt earmark process are misguided at best, and dishonest at worst. Mostly they are dishonest, Senators and House members graft appropriations in the millions for local projects that are never weighed, prioritized or evaluated in the voting process, killing budget restraint by a thousand cuts. They are also used as legislative currency, as two elected officials trade one irresponsible expenditure for a dubious state project for another.

Earmarks are an invitation to corruption, as they often are the result of thinly veiled quid pro quo arrangements. The device makes the American taxpayer the underwriter of expenditures that often have no greater purpose than to grease the skid for re-election for one more fiscally irresponsible politician. For decades, U.S. Presidents have complained about them; most since Ronald Reagan argued for the Constitutionally problematic line-item veto to combat them. Now, spurred by the recent voter revolt over out-of-control spending, the Republican Caucus in the Senate has voted to ban earmarks. The full Senate, however, with eight Republicans joining with the earmark-happy Democrats, voted down a proposed moratorium. Continue reading

GlaxonSmithKline Inspires a Fun Game For Your Holiday Party: “Forcast That Ethics Scandal!”

Almost all ethics scandals and examples of outrageous unethical conduct are thoroughly predictable, whether they involve individual, organizations or institutions. The most obvious proof of this is in politics. Once we consider past patterns, current conditions, institutional habits and what we know about human nature, the question when a new political party takes over isn’t whether there will be instances of bribery, influence peddling, self-enrichment, and conflict of interest, but only which elected leaders will be caught at it. Sometimes even that part is easy: everyone should have been able to guess, long before they occurred, that Tom DeLay’s ethics-free philosophy of politics as warfare would lead him to commit serious misdeeds, just as the odds against former Florida Rep. Alan Grayson running a fair or civil campaign for re-election were prohibitively high. Similarly, sports scandals can usually be seen coming a long way off. Once New England Patriots coach Bill Belichik was caught making surreptitious videos of his team’s opponents’ practices, it was easy to guess that he wasn’t the only one, and that since both he and his team were so successful, it would be only a matter of time before a similar incident came to light. And it did, last week.

As I look through various Ethics Alarms posts, it is striking how many of them could have been written in advance, in fill-in-the-blank format. All you need to do is identify an industry with a history of ethics problems, a weak ethics culture, a trusting, under-informed audience, the potential for increased profit, power or influence, and a large population of corruptible, lazy, incompetent, venal, ambitious or cowardly allies. I’m sure a computer program could be developed, but for this holiday season, why not forecast next year’s ethics scandals as a party game? Challenge your guests: Which TV reality show will be shown to have completely manipulated “reality”? Which revered sports figure will be disgraced in a sex or drug scandal? Which Wall Street firm will be caught violating the “sacred principles” posted on its website? Which school will suspend or expel a student for violating the letter of an overly broad and horribly-written rule without actually doing anything wrong? Which universally accepted scientific research will turn out to be the result of manipulated data? Which embarrassments of the Obama Administration will only be reported by Fox News, and which outrages committed by Republicans will the same network ignore?

And, of course, where will TSA employees put their hands next?

This occurred to me as I read about the recent Big Pharma-manipulating-medical-practice scandal, involving drug giant GlaxonSmithKline, while slapping my forehead and shouting, “Of course! This was the logical next step!” Continue reading

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading

Ethics Quote of the Week: Former NFL agent Josh Luchs

“That night I sat in my hotel room making a list of pros and cons in my head. Sure, it was breaking NCAA rules, but I would be helping Kanavis out. How would I feel if my mom was sick and I didn’t have money to help her? I went through this for hours and finally decided to do it. The next morning I went to the bank, pulled out some of my bar mitzvah money, $2,500 in cash, showed up at Kanavis’s door and told him, “Kanavis, I gave this a lot of thought, and I want to help you out. I know how I would feel if it was my mom.”

Former registered NFL player agent Josh Luchs, describing to Sports Illustrated one of thirty incidents in which he gave money to college players to persuade them to sign up as clients.
………..
Yes, if it was Luchs’s mom, and he thought he could con an agent into handing over illicit cash using her as an excuse, he might have tried this too. Thus do we see how a profession that is faced with many ethical dilemmas is completely unprepared to apply even rudimentary ethics analysis to come to a correct decision. Luchs frames his dilemma to make him out to be a good guy, but what he was actually doing is exploiting a college kid’s personal problems to reel him in, breaking NCAA rules on the way and jeopardizing the player’s career. Did Luchs explain that accepting the money might lead to sanctions for both the player and his college? Apparently not. More importantly, Luchs wasn’t giving money to the athlete to help his family out; he was giving the money as the quid in an implied quid pro quo arrangement: “I help your mother, you sign with me. Deal?” Continue reading

The Facebook Founder’s Sinister and Unethical Hundred Million Dollar Gift

When is a hundred million dollar gift to help schools unethical?

It is unethical when it represents the power of money taking control of government. It is unethical when it induces politicians to breach their duty to obey the law. It is unethical when it demonstrates that the principles of democracy and law can be bought, sold, and distorted for a price.

In a shocking development last week that received very little thoughtful or critical coverage from the news media, Facebook mogul and co-founder Mark Zuckerberg gave the Newark schools $100 million in return for dictating how the schools are run. Zuckerberg, backed by Oprah Winfrey, another billionaire, who put the school governance sale on her TV show,  wants Newark Mayor Cory Booker to run them.  New Jersey Governor Chris Christie, who also appeared on the strange Oprah segment, has agreed in principle to make Booker the overseer of his city’s infamously bad school system. As for the fact that a New Jersey statute doesn’t allow the governor to put the mayor of a city in charge of its schools once the state has taken over control of them, well, money, not the law, rules in New Jersey, and that appears to be just dandy according to the state’s governor, Zuckerberg, Oprah, Republicans, Newark parents, news editors and citizens.

Meanwhile, that whirring sound you hear is Thomas Jefferson spinning in his grave. Continue reading

Are Restaurants That Hire Illegal Immigrants Ethical?

No.

Next question.

Okay, let’s not be hasty. The New York Times Diner’s Journal asks the question, invoking the images of the 2004 film “A Day Without a Mexican,” in which all of California’s Mexicans suddenly disappear and the state is thrust into a world with far fewer gardeners, nannies, fruit-pickers, maids, cooks, and dishwashers. The film is the high-water mark of the essentially unethical rationalization for illegal immigration that is one of the main culprits for America’s unconscionable tolerance of it—that without illegals, the economy and quality of life of Americans would break down.

That the argument makes any sense at all is really a strong reason to stop illegal immigration, because it shows what happens when illegal and unethical practices becomes so entrenched that they warp the institutions, systems and cultural norms they affect, and corrupt the citizens who take advantage of them.  Continue reading

Shrugging Off Corrupt Fundraising Practices in Congress

While they were debating the just-passed financial reform bill on the floor of Congress, eight members of Congress walked out of the Capitol into fundraising meetings and events where they solicited and received contributions from the very financial institutions that the bill would regulate. Some of the contributions came as crucial votes were taken.  From a New York Times report: Continue reading

The Perfect Wedding Reception

Let’s see: was it dumb, unethical, or dumb and unethical?

Time.com’s food writer Josh Ozersky had several major chefs do the cooking to celebrate his May 23 wedding, and then wrote a column suggesting to readers that it was a better way to go than traditional catering.

Especially if all of them cook for free, and the  food as well as the venue are provided free of charge, because you happen to be a food writer for Time.com. But Ozersky left out that part.

Go figure. Continue reading

Richard Bach’s World Without Trust

I recently encountered a quote from Richard Bach, the pop philosopher/author who wrote Jonathan Livingston Seagull, that bothered me. The context isn’t important, but it was cited with approval as enduring wisdom by the quoter. The statement:

“Anybody who’s ever mattered, anybody who’s ever been happy, anybody who’s ever given any gift to the world has been a divinely selfish soul, living for his own best interest, no exceptions.”

I can see why this quote might be popular, unlike his career-making best seller, which I threw against the wall after eight pages. It provides the perfect rationalization for selfishness and unethical conduct for people who don’t have the patience to read Nietzsche or the stomach for Ayn Rand. As a whole, it is nothing but a repackaging of “everybody does it,” but with a devilish seductive twist: everybody who’s smart, talented and successful does it. Wow. Translation: if you are divinely selfish, it means you might be one of the people who “matter.” Continue reading

Ethics Dunces: ABC’s “This Week” Sunday Roundtable

Take note, young medical students: this is the horror of Beltway Blindness.

For the second consecutive Sunday, the politically-diverse group of pundits who make up the “roundtable” on ABC’s “This Week” pooh-poohed the Sestak scandal, noting that this is politics, everybody does it, everybody has always done it, and Republicans are foolish to try to make an issue out of old-fashioned horse trading. This is the cynicism and ethics rot that working in and around politicians will breed.

Consider: Continue reading