Gov. Bob McDonnell And The Compliance Dodge

GiftsThe bottom line is that Virginia Governor Bob McDonnell accepted what looks to any objective observer like a bribe–several bribes, in fact—and whether he is in technical compliance with his states laws and ethics rules doesn’t change the fact that he is, by definition, corrupt and untrustworthy.

McDonnell, once considered a rising star in the national GOP firmament–and who knows? Considering the competition, he may be still!—has been steadily soiled and diminished by  revelations of dubious gifts and payments to his family and a corporation jointly owned by him and his wife by wealthy businessman Jonnie R. Williams Sr, chief executive of dietary supplement manufacturer Star Scientific Inc. So far, the gifts and payments appear to include, Continue reading

No Surprise: Michele Bachman Lies On Her Way Out The Door

I won't have Michele Bachmann to kick around any more. Good.

I won’t have Michele Bachmann to kick around any more. Good.

Tea Party advocate and history-addled Congresswoman Michele Bachmann suddenly announced that she will not be running for re-election in 2014, and everyone knows why: she is the object of serious investigations regarding financial improprieties and violations of election laws during her run for the Republican presidential nomination in 2012. She was also facing a rematch against the same opponent she barely defeated last year. Rather than destroy her brand by losing in an overwhelmingly Republican district (Romney took it easily), Bachmann made the reasonable career decision to leave voluntarily before she was fired.

She didn’t have to lie about it, though. That’s just the way she is. Continue reading

The IRS Scandal Choice: Contrived Ignorance By The President Or Incompetentence By White House Counsel

Unethical lawyer, or ethical pawn in an unethical plan.

Unethical lawyer, or ethical pawn in an unethical plan.

Media reports tell us that White House Counsel Kathy Ruemmler was told on April 24 that the IRS had improperly targeted tea party and other conservative groups, according to an Inspector General audit. She did not tell her client, President Obama, about the fact. [ UPDATE: Law professor and esteemed legal ethics authority Richard Zitrin correctly points out that Ruemmler’s client is the office of the President, not the President himself. So far, I have yet to be convinced that this changes the analysis below.]

There is no way to spin this that doesn’t look bad for either Ruemmler, Obama, or both. The news media has been typically inept in explaining this ethical point. If Ruemmler, on her own, decided to withhold the information to “protect” the President, she was violating her ethical duties, as well  as her duties to the President, his office, and the country. If she was following his directive in keeping him in the dark, then President Obama is guilty of the ethical misconduct of contrived ignorance, a device that is almost always accompanied by knowledge of wrongdoing and irresponsible leadership. Which was it? Continue reading

Ethics Quote of the Week: Bob Woodward

“You’re talking about government not working, but who’s in charge of the Executive Branch? You go to the Constitution, and the President has sole responsibility for the Executive Branch. This rests on him.

You were talking earlier about kind of dismissing the Benghazi issue as one that’s just political, and the President recently said it’s ‘a sideshow.’ But if you read through all these emails, you see that everyone in the government is saying, ‘Oh, let’s not tell the public that terrorists were involved, people connected to al-Qaida. Let’s not tell the public that there were warnings…’  One of the documents with the editing [shows] that one of the people in the State Department said, ‘Oh, let’s not let these things out.’ And I have to go back 40 years to Watergate, when Nixon put out his edited transcripts of the conversations, and he personally went through them and said ‘Let’s not tell this,’ ‘Let’s not show this.’

“I would not dismiss Benghazi. It’s a very serious issue. As people keep saying, four people were killed. You look at the hydraulic pressure that was in the system to not tell the truth, and, you know, we use this term and the government uses this term ‘talking points.’ Talking points, as we know, are like legal briefs. They’re an argument on one side. What we need to do is get rid of talking point, and they need to put out statements or papers that are truth documents. ‘OK, this is all we know.’”

—Bob Woodward, Watergate legend, on MSNBC, making the case that the altering of the Benghazi “talking points” and subsequent use of misleading statements about the origins of the attack is not, as the President has said, ” a side-show,” but rather a serious and disturbing event worthy of criticism and attention.

truth-graphic

“Quick! Let’s hide it!”

One reason I like this quote is that I feel that in the long run the Benghazi talking points scandal—for that’s what it is, a scandal—may be the most significant, if not the most egregious, of the three scandals now rocking the Obama Administration. For the reason this is true, we only have to consult Jay Carney, who incredibly told Piers Morgan yesterday that in referring to the I.R.S. targeting of conservative groups for obstructive treatment, the Justice Department’s intrusion on AP phone records and the false “anti-Muslim video” narrative,  the CNN host was “concocting scandals that don’t exist…especially with regard to the Benghazi affair that was contrived by Republicans and, I think, has fallen apart largely this week.”

Wow. Continue reading

Jon Stewart’s Lesson On Trust

I am teaching this morning, so a more substantial post will be appearing later. In the interim, those who haven’t seen Jon Stewart’s meltdown over the scandal avalanche exposing the ineptitude and ethics blindness in the Obama Administration should go here. I suspect much of the mainstream media that has been abdicating its role of objective reporter for the pat four years is reacting in much the same way; in fact, I know it is, based on the sudden confluence of op-eds, columns, and on-screen rants about the President’s disinterest in management, oversight, and, you know, governing, as if this was a new phenomenon.

Stewart expresses his horror that after the revelations of the last couple of weeks, the burden of proof will now be on the government to show it is worthy of being trusted to impose ourselves on our lives, and the concerns of those who distrust the expansion of government power can no longer be dismissed as paranoia and conspiracy theories. In truth, nothing has changed, for this always has been the case. That is why our nation’s founding documents are both written from the perspective of those who are wary of the inherent corruption and abuse that government power always risks, based on the tragic lessons of history.

The remarkable thing isn’t that these most recent examples occurred, but that otherwise intelligent people like Jon Stewart seem to be genuinely surprised by it.

Too Late For That Legacy, Sen. Baucus: Why Not Just Resign?

Sen. Baucus and, uh, staff...

Sen. Baucus and, uh, staff…

Sen. Max Baucus (D-Montana) has announced that he won’t be seeking re-election in 2014, and the alert national media has spun this into many themed stories: how it further endangers the Democratic Party’s chances of holding the Senate; how it will remove one of the purported experts on the tax code from possible tax reform efforts; how, as Washington Post columnist Stephen Stromberg put it, Baucus has a chance to leave “an admirable tax-reform legacy” by negotiating a deal on a carbon tax. All of this misses the Tyrannosaurus in the room, and worse than that, leaves the impression that it doesn’t matter. Baucus is one of the most corrupt and untrustworthy members of the Senate, which is no small accomplishment, if not exactly an admirable legacy. He should resign now, as he should have resigned years ago. The fact that his colleagues didn’t force him to resign (like his former, similarly corrupt Republican colleague, Sen. Ensign) shows just how unworthy of the American public that body is.

Since he was last elected by the good people of Montana, Baucus…

  • Carried on an inter-office, and adulterous, affair with staffer Melodee Hanes
  • Blatantly favored her in the course of business, giving her an excessive raise and taking her along with him on costly junkets
  • Nominated Hanes to be a U.S. attorney, a plum job Hanes withdrew herself from consideration for after their clandestine affair was revealed
  • Probably pulled strings to get her a high-ranking job in the Justice Department, after the couple divorced their respective spouses and got married in 2011… Continue reading

Now THAT’S An Appearance of Impropriety!

Why is this woman smiling?

Why is this woman smiling?

Juliet Ellis is the assistant for external affairs at the San Francisco Public Utilities Commission at a salary of $195,000 annually. She is charged with, among other aspects of her duties, implementing the agency’s new environmental justice and community benefits policies.

She also, her public disclosures reveal, is the salaried chair of Green for All, an Oakland-based nonprofit, which trains disadvantaged minorities in energy-related work. The Commission—that is, the commission that Ellis works for in an influential position—awarded a $200,000 no-bid contract to Green for All—which Ellis chairs for compensation—to train people for city jobs.

Fancy that. Continue reading

Influence Peddling At The White House

For Sale2

The New York Times—

You know, that Obama-hating, right-wing news rag—

has the story.

I’ll wait here while you read it.

( The key paragraph: “Giving or raising $500,000 or more puts donors on a national advisory board for Mr. Obama’s group and the privilege of attending quarterly meetings with the president, along with other meetings at the White House. Moreover, the new cash demands on Mr. Obama’s top donors and bundlers come as many of them are angling for appointments to administration jobs or ambassadorships.” )

Done?

We can make this short and sweet.

This is unethical.

It reeks of impropriety, influence peddling, and cronyism.

This is similar to the scandal the Clinton White House was embroiled in before Monica distracted everyone.

The bottom line is that the President is allowing his operatives to sell access to him and his office for a half-million dollars a shot. Using the White House, the Lincoln bedroom, positions of influence and substantive access to the President to raise money for anything is unethical, regardless of whether or not there are legal loopholes that allow it to avoid direct illegality. It sets a terrible example for other office holders. It is the epitome of the rotting fish head.

What a cynical and hypocritical disappointment this President has become. Or, perhaps, how shockingly ineffectual he has been in controlling the worst impulses of his staff.

In the end, the results are the same which ever it is.

_____________________________

Facts: New York Times

Ethics Hero: Michael Arrington

michaelarrington

Michael Arrington is a tech publisher and blogger who made a good amount of money selling his previous blog, Techcrunch. He bought a boat with some of it, a nice one, with state of the art electronics. On the day his new toy was to be delivered, he had to work through customs and Homeland Security paperwork, since the boat was built in Canada.  Something went wrong, something stupid.  He writes,

“My job was to show up and sign forms and then leave with Buddy (WA sales tax and registration fees come a week later). DHS takes documents supplied by the builder and creates a government form that includes basic information about the boat, including the price. The primary form, prepared by the government, had an error. The price was copied from the invoice, but DHS changed the currency from Canadian to U.S. dollars. It has language at the bottom with serious sounding statements that the information is true and correct, and a signature block.”

It’s serious all right. It is a government form, and signing it is a legal attest that the information is correct. Arrington continues, Continue reading

Easiest Ethics Question Of The Month

" Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?"

” Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?”

Over at Above the Law, Ellie Mystal posts a request for advice from a desperate job-seeking lawyer, and polls readers for their response. The lawyer has an offer from a local attorney she says has a reputation for being unethical and untrustworthy. He has filed for bankruptcy once; he is being investigated by the local bar and the government, and former employees say he’s atrocious to work for. The inexperienced lawyer asks,

“Is this really bad for an entry-level lawyer to work for an (arguably) bad lawyer? Is it an absolute NO? Which one is more important: get some experience or working at a right/good firm? To put it another way, which one is worse: having no experience or working at a bad firm? I keep searching job postings and there is no opening for entry-level. Everyone looks for experienced lawyers. So I get the impression that no experience is the worst.

“I don’t know what to do with this offer. Feels not right to accept this offer but cannot just forgo. So give me some advice — should I accept his offer?”

Well, let me th—NOOOOOOOO!!!! Absolutely NOT! Never in a million years! NEVER!

And yet, almost 20% of Above the Law’s mostly lawyer readers voted for the choice reading, “Yes. Beggars can’t be choosers.”

That is disturbing. Continue reading