classified information

Salon Asks: “When Is A Leak Ethical?” NEVER. That’s When.

/ Jack Marshall / 58 Comments

Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson,  despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?”

Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.

Never.

She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.

Robertson writes:

“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”

1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.

2. Lawyers may not reveal confidences of their clients, except in specified circumstances.  Here is D.C. ‘s rule (my bolding): Continue reading →

Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 199 Comments

President Trump on Tuesday fired the director of the FBI, James B. Comey today. Rod Rosenstein, the new deputy AG who replaced Sally Yates, prepared a memo that recommended the firing, and Attorney General Jeff Sessions concurred.

Ethics Observations:

1. Here’s how the New York Times described the firing in its story’s opening sentence:

President Trump on Tuesday fired the director of the F.B.I., James B. Comey, abruptly terminating the law enforcement official leading a wide-ranging criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election.

That’s pretty despicable, and as blatant an example of intentional negative spin as you are likely to see, even from the Times. There were so many justifications for firing Comey that the mind boggles. Attaching the act to the one elicit reason for firing Comey is just yellow journalism, and nothing but. The Times is really a shameless partisan organ now.

2. Should Comey have been fired? Of course. He didn’t have to be fired, but to say that at this point he was not trusted by either political party and was widely viewed as incompetent would be an understatement  The fact that his testimony before Congress last week was not only riddled with errors, but riddled with errors that made headlines, was reason enough to fire him.

From the Washington Post:
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To Place The Recent Comey Letter And Hillary Clinton’s Character In Proper Perspective, Recall This Post From January, 2016

/ Jack Marshall / 54 Comments

no-reflection

It was an Unethical Quote of the Month, and a Kaboom, as it blew the top of my head straight off. Significantly, none of the Hillary defenders among the  regular commentators tried to spin it, and in just ten months, it has been buried by so many other smoking guns and examples of signature significance regarding this woman’s unshakable conviction that normal rules of conduct don’t, and shouldn’t, apply to her. Indeed I had forgotten it myself. Its last sentence was,

“I really don’t know how supporters of Hillary Clinton can look at themselves in the mirror. I really don’t.”

That statement is easily twice as true now as it was then. Here is the post, titled, Unethical Quote Of The Month: Hillary Clinton (And By The Way, KABOOM!)…..

“I was surprised that he used personal email account if he is at State.”

—Hillary Clinton, responding to a 2011 e-mail sent by senior aides  about a dispatch from John Godfrey, a State Department employee.

This wasn’t the most explosive of the Clinton e-mails revealed today by the court-ordered State Department release, but it’s the one that made my head explode. How long did Hillary claim that her using a private e-mail sever for official communications was “permitted,” that she did nothing wrong, that no State Department procedures or policies dictated otherwise, four years after she expressed surprise at the irregularity of Godfrey’s conduct? Hillary wasn’t just careless or clueless—she knew all along that using a personal e-mail account was wrong and risky. Why else would she be “surprised”? Who is surprised at employees doing what is allowed and appropriate?

My head didn’t explode because I was shocked that Hillary has been lying all along. I always assume she’s lying. It exploded because her brazen hypocrisy is mind-blowing. This is worse than her saying that victims of sexual abuse have a right to be believed. This is like Bill Clinton saying that the victims of sexual abuse have a right to be believed.

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The Word For The Notes On Hillary Clinton’s FBI Interview—And Everything Related To It—Is “Pathetic”

/ Jack Marshall / 21 Comments

Hillaryshrug

Pathetic, adj.: arousing pity, especially through vulnerability or sadness.
Synonyms: pitiful, pitiable, piteous, moving, touching, poignant, plaintive, distressing, upsetting, heartbreaking, heart-rending, harrowing, wretched, forlorn

This is the word that constantly came to mind and heart as I explored the FBI’s notes (you can too, here) regarding Hillary Clinton’s decisive—at least in terms of saving her from prosecution—interview with the FBI. Everything about them arouses pity–for her, for us, for the nation. Let us count the ways.

1. Over at MSNBC, “Meet the Press” host Chuck Todd, a fully committed operative of the Democratic Party, like most of his colleagues, and like them committed through his partisan bias to saving America from Donald Trump, was overcome with an attack of objectivity.  “It bothers me as an American citizen,” he said,  that the FBI didn’t record Hillary’s interview, and left Americans to ponder merely notes taken by one agent as the public tries to assess who it may be electing President in November. “Are you kidding me?!” Todd cried. “We’re releasing notes?!”

We’re releasing notes. It’s pitiable to see one of many prominent journalists who have tried so, so hard for eight years to paper over, minimize and otherwise shrug off the constant, near complete incompetence of the Obama Administration and every agency under it to be suddenly stung by the realization that this has consequences—for trust, for truth, for belief that the government isn’t actively engaged in suppressing it. Pathetic.

2. Some of you will recall that I was collecting the various partisan reactions to  FBI director James Comey’s statement announcing that the FBI would not be recommending Clinton’s indictment to ultimately gauge which party’s reaction was more ridiculous, irresponsible, dishonest and foolish. Democrats were claiming that Comey’s report, despite showing that Clinton had lied outright about her use of the private e-mails server, and that her recklessness had endangered U.S. intelligence, exonerated Hillary. Republicans were claiming that Comey’s statement and the decision not to prosecute was indefensible. I was waiting to learn what Hillary had said in her interview, as I assumed that it would have to be released before the election. To reveal a closely guarded Ethics Alarms secret, I was prepared to declare Republicans the “winner” of the competition, as obviously idiotic as it is to say that a report declaring Clinton incompetent and dishonest could possibly “exonerate” her. Reading the notes, however, and considering the fact that the F.B.I. only has these notes to show us, I am back to, as Bobby Fisher would say, square one. Which is pathetic.

3.  Why? Well, we have just learned that  Clinton had her server “wiped”  after the New York Times, on March 3, 2015, broke the story of the server system’s existence. At the same time, she and her surrogates were telling the news media and us, “I want the public to see my email,” even as she directed her henchmen to destroy it. The FBI knew this, yet still found Clinton’s actions just negligent, and not criminal. Five months later–back in those halcyon days when she actually held press conferences— she feigned ignorance when Fox News’s Ed Henry asked, “Did you wipe the server?” saying, “Like with a cloth or something?” Now we know, vie the FBI notes , that she had the server emptied using a sophisticated software program, BleachBit, that is designed to make purged e-mails virtually unrecoverable, and indeed several thousand of hers were successfully destroyed. Clinton got away with this, her supporters don’t think it matters, and the FBI apparently minimized these efforts to obstruct justice. Pathetic.
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Hillary’s New Tactic: When Caught Lying, Resort To Gibberish

/ Jack Marshall / 14 Comments

Yesterday in Washington, D.C., Hillary Clinton took questions at a meeting of the National Association of Black Journalists and National Association of Hispanic Journalists. She was asked by NBC’s Kristen Welker to explain her jaw-dropping lie on Fox News Sunday a week ago, when she claimed  that FBI Director James B. Comey had said all of her statements had been “truthful,” when anyone who heard Comey’s public statement or Congressional testimony could see that he actually stated that her public statements—for more than a year—were not true. Incredibly, Clinton had no coherent or credible answer for this, though she had to know—didn’t she?—that the question would be asked.

Her answer began with this:

“I may have short-circuited it, and for that I will try to clarify.”

On “The Honeymooners,” Ralph Kramden (Jackie Gleason) used to stutter out, when confronted with his own whopper or otherwise trapped, “Huminahuminahumina…” “Short-circuited” is as meaningful as that. It’s gibberish, but just as obviously means “you caught me lying through my teeth, and I don’t have a good explanation.” Ralph, however, was a humble, none-too-bright bus driver, and not running for President, so the standards in his case can be relaxed a bit.

(Please also note Clinton’s equivocal “might.” )

Ralph always followed  “huminahuminahumina…” with facial expressions and body language showing silent humiliation, and then an abject apology. Hillary, being Hillary, just started lying again. The AP fact-checked her response, and determined that she had trotted out the same shifting, mendacious assertions we have heard so many time before. Concluded the Washington Post’s Chris Cillizza, 

Er, what? What Clinton appears to be saying is that Comey said that everything she said to the FBI was truthful (he did) and since she said publicly exactly what she said to the FBI, therefore everything she said was truthful.

Oh, so that’s what “short-circuited” means! Continue reading →

Jumbo, Ethics Dunce, Kaboom And Unethical Quote Of The Month: Hillary’s Jaw-Dropping Lie To Chris Wallace

/ Jack Marshall / 41 Comments

hillary and Wallace

“Director Comey said my answers were truthful, and what I’ve said is consistent with what I have told the American people, that there were decisions discussed and made to classify retroactively certain of the emails.”

—-Hillary Clinton to Chris Wallace on Fox News Sunday, asserting that what was demonstrably false was true, regarding a public statement by Comey that can be Googled and watched on YouTube instantly.

My reaction when I saw that: KABOOM! The top of my head blew right off, bounced off the ceiling and knocked over the lamp. Wallace asked Clinton directly about what she had been saying to the public about her e-mails since May of 2015: that she did nothing wrong, that her private, secret e-mail server was approved by the State Department, that she never received or sent a classified e-mail…okay, that didn’t work, that she never knowingly sent a classified e-mail…wait, wait, that she never sent or received an  e-mail that was marked classified. Comey, in his televised, live statement announcing his decision not to recommend prosecution for Clinton, directly contradicted her.

In his careful statement Comey said,

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.,,,seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. …There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation…even if information is not marked ‘classified’ in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.”

There is no way that an individual of normal facility with the English language can listen to or read that statement and conclude that Comey was saying that Hillary’s answers to questions about the e-mails to the American public and the news media–for over a year!––were truthful, as in “full of truth.” A technical argument can be made, if one wishes, that  Comey didn’t say that Clinton lied, because maybe she is an idiot and incompetent, and didn’t know or understand what “any reasonable person in Secretary Clinton’s position” should have known and understood, leading to her factually false (and constantly evolving as more facts where uncovered) explanations over months and months. Continue reading →

Unethical Quote Of The Day, Or “Now THIS Is Spinning!”: Hillary Clinton Spokesperson Brian Fallon

/ Jack Marshall / 14 Comments

Clinton spin

“While political opponents of Hillary Clinton are sure to misrepresent this report for their own partisan purposes, in reality, the Inspector General documents just how consistent her email practices were with those of other Secretaries and senior officials at the State Department who also used personal email. The report shows that problems with the State Department’s electronic record keeping systems were longstanding and that there was no precedent of someone in her position having a State Department email account until after the arrival of her successor. Contrary to the false theories advanced for some time now, the report notes that her use of personal email was known to officials within the Department during her tenure, and that there is no evidence of any successful breach of the Secretary’s server. We agree that steps ought to be taken to ensure the government can better maintain official records, and if she were still at the State Department, Secretary Clinton would embrace and implement any recommendations, including those in this report, to help do that. But as this report makes clear, Hillary Clinton’s use of personal email was not unique, and she took steps that went much further than others to appropriately preserve and release her records.”

—-Hillary Clinton campaign spokesman Brian Fallon, spinning the IG report with revelations which prompted that right-wing rag the Washington Post this morning to call his boss’s conduct, in an editorial, “inexcusable, willful disregard for the rules.”

Wow.

Whatever Hillary Clinton’s campaign is paying Brian Fallon to lie for her, it’s not nearly enough.

Imagine: the State Department IG issues a devastating condemnation of Clinton’s conduct, one that proves (as stated here since March, 2015, because it was obvious that early) Clinton has been lying about her conduct, her motives and the consequences of her actions regarding her personal e-mail server installed precisely to avoid the legal reach of the Freedom of Information Act at the risk of compromising national security, and the Clinton camp response is  to say, “See? She was telling the truth all along!”

This response is..

Cynical.

Audacious.

Insulting.

Also designed for use by the completely corrupt, like Nancy Pelosi,  typical of Clinton responses to all scandals, and ridiculously easy to expose.

And before I start exposing, let me address the comments of the liberal end of Woodward and Bernstein (that would be Carl), who while agreeing on CNN this morning that the IG’s report is “devastating” in its near complete demonstration of how much Clinton has misrepresented the facts and her conduct to the news media and the American people, summed it all up be saying that Hillary has had “an uncomfortable relationship with the truth.”

To evoke the late Fred Rogers: Can you say “habitual liar”? Sure you can! A woman who has had “an uncomfortable relationship with the truth,” Carl, is a liar. Don’t sugar-coat it and obfuscate. That’s what the Clintons do. You sound like a Clinton! She’s lying. She lied about the server. She lies all the time. You’re a journalist. Just say it, loud and clear. That’s your damn job.

But I digress.

Let’s just go over how poor Brian Fallon’s statement of desperate mega-spin is dishonest, misleading, and, to be blunt, a pack of lies: Continue reading →

What A Surprise: The Inspector General Reports That What We Knew Clinton had Done With Her E-Mails A Year Ago In Fact Was What She Had Done, That She Has Been Lying And Spinning Ever Since, And That Her Supporters Have Either Been Dupes Or Accomplices! OK, I Guess That’s Not Much Of A Surprise…

/ Jack Marshall / 37 Comments

Yawning2I’m not sure what to write about this, except that it has to be reported because the Clinton e-mail scandal has been so extensively discussed here since early in 2015. If it’s surprising to anyone, I pity them. If they try to keep denying it, I have contempt for them. If they don’t understand why this issue matters (Bernie…!), I pity them and have contempt for them.

Today the State Department’s inspector general’s report on the Clinton’s e-mail practices was released to the media.  The report makes it clear that Clinton intentionally set up the private server to avoid scrutiny of her personal e-mails, and the various Stygian activities revealed there. In order to do that, she willfully and knowingly violated State Department policies, and placed national security at potential risk.

The report concluded that Clinton failed to seek legal approval for her use of a private email server and that department staff would not have allowed it had she requested approval, because of the “security risks in doing so.”  Clinton’s use of private email for public business was “not an appropriate method” of preserving documents, the inspector general concluded, and her practices failed to comply with department policies meant to ensure that federal record laws are followed. Clinton should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. She did not, choosing instead to provide those records in December 2014, nearly two years after leaving office.

So she was not following policy. What she did was not approved.  She did knowingly take risks with sensitive national security information. It wasn’t because she didn’t make “the best choice” that all of this occurred. Clinton was making the best choice for her…her career, her ambitions, her schemes.  The nation’s interests were secondary. If that. Continue reading →

Debbie Wasserman Schultz’s Authentic Frontier Gibberish In Defense Of Hillary

/ Jack Marshall / 13 Comments
Gabby Johnson for head of the DNC!

Gabby Johnson for head of the DNC!

I am going to add “authentic frontier gibberish” (or AFG ) to the Ethics Alarms glossary of special terms. It comes, of course, from a memorable moment in “Blazing Saddles,” but on Ethics Alarms it is usually used to describe either intentional or incompetent blather from politicians or others attempting to confuse the public, duck a question, or mislead everyone. It is deliberate communication malpractice, with the motive of not communicating but pretending to.

Seldom will you encounter a more ringing example of AFG than the foregoing. Democratic National Committee Chair Debbie Wasserman Schultz, a master at AFG,  was asked by Fox News’ Chris Wallace why she called the FBI’s investigation of Hillary Clinton’s possible national security violations in her handling of official e-mails “ludicrous.”

Here was her response… Continue reading →

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

/ Jack Marshall / 11 Comments

the_end_justifies_the_means_by_carlos0003

“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →