conflicts of interest

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

/ Jack Marshall / 8 Comments

Nobody, apparently.

Welcome to Kansas.

Welcome to Kansas.

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

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

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

The Third Circuit Rejects Judicial Immunity In The Case Of An Unethical One Man Justice System

/ Jack Marshall / 2 Comments

crazy-judgeAs I predicted at the time, many readers became upset at the spectacle of judges declaring other, clearly unethical judges immune from civil suit as a result of the judicial immunity doctrine. They will be cheered, then, by this unusual decision by the Third Circuit in a decidedly odd case out of New Jersey.

The Third U.S. Circuit Court of Appeals ruled that a civil rights suit could process against Municipal Judge Louis DiLeo of Linden, New Jersey, who was not reappointed to his post after the incident sparking the action. The lower court judge had denied DiLeo’s motions to dismiss on the grounds of absolute judicial immunity  the 3rd Circuit agreed, saying that the plaintiff had made  a plausible claim that DiLeo’s actions “went beyond legal error, such that he was no longer functioning in his judicial capacity,” the appeals court said in the its opinion . Continue reading →

Ferguson Ethics Train Wreck Catch-Up: The Shots, the Hashtag, the Huckster and the Snub

/ Jack Marshall / 26 Comments

steam train wreck

The Ferguson Ethics Train Wreck is slowing down now, though passengers keep getting on board and it will surely pick up steam again.

Here are some recent ethics outrages, as Ethics Alarms tries to keep up:

1. The Shots:

CNN buys another seat on the train wreck

What’s wrong with this sentence? Don Lemon, CNN host, played a recording that was alleged to be of Officer Wilson shooting Michael Brown and preceded it by saying the tape had not been authenticated.

A burst of six shots can be heard, followed by a pause, and then several more shots, at least four. “He was in his apartment, he was talking to a friend on a video chat, he heard loud noises and at the moment — at the time he didn’t realize the import of what he was hearing until afterwards,” the lawyer for the unidentified man who made the recording told Lemon. “It just happened to capture 12 seconds of what transpired outside of his building.”

Almost immediately, speculation was rife that this called into question Wilson’s account, though we don’t know yet what that account is. IF the tape is accurate, this doesn’t look good for Wilson, opined one web reporter. Wait a minute! Why is CNN releasing anything that is not verified as authentic? Why not an unverified photo that purports to show a shadowy second shooter? Why not an unverified tape of Brown and a friend plotting to attack a police officer for fun? This isn’t evidence, and it isn’t news. It’s just chum in the water for a news media feeding frenzy, or more simply, crummy, irresponsible unethical journalism. Continue reading →

Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

/ Jack Marshall / 28 Comments
McCulloch: Mission Impossible

McCulloch: Mission Impossible

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

Continue reading →

Shock: CREW Finally Comes Clean… It Wasn’t So Non-Partisan After All!

/ Jack Marshall / Leave a comment
Yes, David Brock really does wear his hair like that, and yes, I admit being biased against anyone who does.

Yes, David Brock really does wear his hair like that, and yes, I admit to being biased against anyone who does.

There is a real need for a fair, non-partisan, non-ideological ethics watchdog organization in Washington, D.C. Unfortunately, what we are stuck with is the Center For Responsibility and Ethics in Washington, headed by Melanie Sloan, and it is none of these things. The only clue on the group’s website, however, is the fact that Republicans are somehow found to be engaging in unethical conduct at a rate of about three times that of Democrats, and the Democrats CREW does criticize are so blatantly unethical that an old, blind and deaf watch dog would be disgusted by the stench. The mainstream news media, and which on the whole is about as unbiased as CREW is, still cites the Center as a “non partisan” source, all the better to attack Republicans with a semblance, though a deceptive one, of objectivity. CREW has operated, and quite dishonestly, as a nonprofit registered under a section of the Tax Code — 501(c)3, which prohibited partisan activity.

To be clear: CREW has done some excellent work flagging unethical conduct by Republicans officials. It is the lying about being objective that makes it an unethical organization. I wrote about CREW’s facade here, and here, and also noted when it briefly dropped is pose when Sloan briefly joined that famously objective operative and lobbyist Lanny Davis’s firm—this is the same Lanny Davis who became a familiar fixture on TV spinning his friend and client Bill Clinton’s conduct during the Monica scandal—shortly after CREW blatantly pushed the interests of Davis’s clients on its website.

Continue reading →

“The Strain” Ethics: Feminism, Sophie’s Choices and Moral Cowardice

/ Jack Marshall / 24 Comments

The-Strain-Vampires

The FX cable networks ultra-creepy, disturbing and often disgusting series “The Strain” has begun raising ethics issues, as good science fiction (this is a horror-science fiction hybrid) is wont to do. The last episode, “It’s Not For Everyone” provided its characters with one ethical dilemma after another. [SPOILER ALERT!!] Arguably, all of them were botched. Continue reading →

The Essence Of Utilitarianism: 9 Out Of 10 Non-Lawyers Will Hate This, But It Is Ethical And Necessary

/ Jack Marshall / 28 Comments
Wait, this doesn't seem proper at all...

Wait, this doesn’t seem proper at all…

In the case of King v McCree, the Sixth Circuit has handed down a decision that affirms the principle of judicial immunity.  The facts are reminiscent of the Gilbert and Sullivan one-act, “Trial by Jury.”

Judge Wade McCree,  presiding over a felony child – support case, conducted a secret sexual relationship with the woman seeking support from the defendant, King. The Michigan Supreme Court both removed Judge McCree from his judgeship and prospectively suspended him without pay for six years just in case Michigan voters—and voters have been known to do such stupid things–re-elect  him if he runs for judge again in November 2014.

The defendant sued the ex-judge, claiming that the judge’s obvious conflict of interest–playing bedroom bingo with the complaining witness while her case was being adjudicated in his court— violated King’s right to due process of law. The district court ruled that Judge McCree was immune from such lawsuits under the doctrine of judicial immunity, and the Sixth Circuit agreed. Continue reading →

State Of U.S. Journalism: “Conflict of Interest? Oh, THAT Old Thing!”

/ Jack Marshall / 55 Comments
At last report, rolling in his grave...

At last report, rolling in his grave…

I believe that the field of journalism ethics has been negated, as the news media now routinely ignores the most obvious conflicts of interest, and make no effort  to avoid them, address them, or disclose them.

Case #1: Taking orders from Hamas

 Hamas has published media guidelines instructing Gazans to always refer to the dead as “innocent civilians” and to never post pictures of armed Palestinians on social media. Hamas has prevented foreign reporters from leaving the area, and it is easy to see how foriegn journalists would conclude that the best way to ensure their safety is to avoid angering their “hosts.” Seemingly mindful of these concerns, the New York Times’ reporting on the Gaza conflict from Israel depicts tanks, soldiers, and attack helicopters, while virtually all images from Gaza are of dead children, weeping parents, bloody civilians, ruined buildings, overflowing hospitals, or similar images of pain, carnage and anguish. As Noah Pollack noted in the Weekly Standard website,  a Times photo essay today contains these images:

“…three of Gaza civilians in distress; one of a smoke plume rising over Gaza; and three of the IDF, including tanks and attack helicopters. The message is simple and clear: the IDF is attacking Gaza and harming Palestinian civilians. There are no images of Israelis under rocket attack, no images of grieving Israeli families and damaged Israeli buildings, no images of Hamas fighters or rocket attacks on Israel, no images of the RPG’s and machine guns recovered from attempted Hamas tunnel infiltrations into Israel.”

Is this just naked anti-Israel bias, or is the Times simply trying to report the story without getting its reporters’ into further peril? I’ll be charitable and presume the latter: fine. But that defines a clear conflict of interest that mars the objectivity of the Times’ reporting, and the paper has an ethical obligation, under its own guidelines, to disclose it in every report where it might be relevant.

It has not. Continue reading →

Some Ethics Comments On The SCOTUS Hobby Lobby Decision

/ Jack Marshall / 71 Comments

Hobby-Lobby1. First, read the decision, here. When you do, you will be disgusted at the blatant exaggerations and outright misrepresentations by various pundits, advocates, activists and reporters. In the case of the latter, this is incompetence and a breach of duty to the public. In the case of the rest, it is either dishonesty and willful deception, or stupidity. For example, as an exercise, count the number of misrepresentations and misstatements inherent in this tweet, from MSNBC ‘s Cenk Uygur:

 “I love that conservatives are now on the record as against contraception. Brilliant move to be against 99% of women!”

I count five, but I could be off by one or two. Is this genuine misunderstanding, or just intentional rabble-rousing? Who can tell, with shameless partisans like Cenk? Continue reading →

Betrayal of Trust: The Turncoat Virginia State Senator

/ Jack Marshall / 9 Comments
Senator Puckett and daughter: 'Anything for little girl...even screwing over my constituents...'

Senator Puckett and daughter: ‘Anything for my little girl…even screwing over my constituents…’

Virginia Republicans are preparing for a show-down with Democratic Governor Terry McAuliffe over the state budget and the expansion of Medicare to handle uninsured Virginians under the provisions of the Affordable Care Act. Unfortunately for them, Democrats hold the majority in the state Senate, or did, until some smoke-filled room maneuvering persuaded a conflicted Democratic state senator to resign, giving the GOP control of the chamber, at least for a while. Democratic Sen. Phillip P. Puckett ’s unexpected departure gives Republicans a 20-to-19 majority.

The Washington Post reported that Puckett (D-Russell) will announce his resignation from the Virginia Senate, effective immediately, paving the way for his daughter to continue as a district judge and for Puckett to take the job of deputy director of the state tobacco commission. Rationalizations for the move are flying, particularly as it affects Puckett’s daughter. Martha Puckett Ketron is already a Juvenile and Domestic Relations District Court judge. Circuit Court judges in Southwestern Virginia gave her a temporary appointment last year while the General Assembly, which approves judicial appointments for the state, was in recess. The Virginia House of Delegates approved her appointment to a six-year term when it reconvened earlier this year, but the Senate rejected the appointment because of its standing policy against appointing the relatives of active legislators to the bench. (It’s a good policy.) Thus, you see, Daddy’s resignation directly benefits his little girl, though it stabs his party and his constituents right in their backs.

This is known as a conflict of interest. The soon-to-be ex-senator needs to bone up on the concept and its ramifications.The ethical way to handle this conflict would be for Puckett to refuse to do anything to influence the resolution of his daughter’s appointment whatsoever.

“It [that is, the resignation] should pave the way for his daughter,” said Republican Delegate Terry Kilgore, who sure looks like the architect of this smelly deal.  “She’s a good judge. . . . I would say that he wanted to make sure his daughter kept her judgeship. A father’s going do that.”

Not if he’s ethical, he won’t. The spin Republicans are putting on this is that Puckett is resigning for his daughter, and after that decision was made, Kilgore, who serves as the chairman of the state tobacco commission, offered him the post of deputy director. Not as a quid pro quo, mind you. Because he was qualified for the job.

Right.

Even if this was the actual sequence, and I doubt it, it has the appearance of impropriety and undermines public trust. That makes it the kind of transaction legislators are bound to avoid. The Huffington Post’s headline on the story is “GOP Straight Up Bribes Democratic Senator In Effort To Block Obamacare,” which is stating one interpretation of an ambiguous sequence of events as fact….lousy and unethical journalism, but as I said, this is the Huffington Post.

It could be that Puckett, on his own or even at the behest of his daughter, resigned so he could stay a judge, and then, realizing that Republicans would benefit and that he would be a pariah in his own party, negotiated the deal that got him his new job. It could also be that the Republicans, seeking a Senate majority, cooked this up, offered Puckett a package he couldn’t refuse (because he’s a corrupt and disloyal public servant), and thus it really was a quid pro quo deal. Note that Huffpo, biased as it is, frames this so the GOP is the villain.

This is not technically bribery, which is a crime. This is slimy, nauseating politics, but classic sausage-making: the Affordable Care Act owes its very existence to these kind of deals and worse. The question isn’t whether these maneuvers are ethical–they are not— but whether politics can exist without them, and whether one can have a functioning adversary party system without them. My guess is no. If you like the results of such old-fashioned hard-ball politics, then this is utilitarian: “Lincoln” showed how the 13th Amendment was passed by Lincoln’s operatives and lobbyists picking off weak and conflicted legislators like lions targeting wounded water buffalo. If you object to the results, well then, it’s dirty politics, and an unethical display of “the ends justify the means” at its worst.

But one man, had he integrity and proper respect for the job he had been entrusted by his constituents to do, could have made the whole matter academic by just performing the job he had been elected for, and subordinating his daughter’s career aspirations to his duty. Instead, Phillip P. Puckett betrayed his party, his post, his constituency and his state.

And one more thing: if his daughter were ethical, as judges are supposed to be, she would refuse to keep her judgeship this way.

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Sources: Washington Post, Huffington Post