Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 2: McDonnell v. United States

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return...

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return…

Governor Bob McDonnell, Virginia’s Republican governor from 2010 to 2014, was charged with using his office to assist businessman Jonnie R. Williams Sr., who, often with Mrs. McDonnell as a conduit, gave his family wedding receptions, loans, vacations and jewelry worth more than $175,000. I wrote about this scandal here, here, and here. The gifts were legal, thanks to absurdly lenient Virginia ethics laws, just as they were obviously unethical, except perhaps to the clueless McDonnells.

Governor McDonnell arranged meetings for Williams and attended events with him. My favorite part of the criminal trial was when McDonnell claimed that he never dreamed that Williams expected anything in exchange for all of his gifts, and then Williams said that of course he expected some favors in return. The jury found that McDonnell’s actions amounted to corruption and a quid pro quo exchange amounting to bribery. A federal appeals court upheld the conviction.

The Supreme Court’s 8-0 decision this week to vacate the conviction upholds the principle that even if someone has done something obviously bad, there has to be a law against what was done before the act occurred in order to convict him. It’s a rather narrow decision. The Court points out that the law McDonnell was convicted of breaking requires “official acts” to be bought and sold for the law to be breached, but that all McDonnell did was hand out political favors to his “friend”: setting up meetings, communicating his favor, greasing the wheels, essentially. (Much is made of the fact that Williams didn’t benefit very much from any of this, which is just moral luck. It doesn’t make what the governor did any less sleazy.)

Wrote Chief Justice Roberts in his opinion for the unanimous Court: Continue reading

California’s High Speed Rail Fiasco

The question posed by the unfolding California high-speed rail cataclysm is why the reaction to it should be a partisan or ideological issue at all. Are human beings capable of managing bias and learning hard truths from new information, or aren’t they?

High speed rail was promoted in California  as a green and virtuous way to propel commuters  from San Francisco to Los Angeles along at 220 miles an hour, completing the trip in a about  two and a half hours. It was going to involve minimal tax-payer cash,  with  billions arriving from private investors. It would be profitable, not requires state subsidies and be much less expensive than flying. Thus enthused and enlightened,  53.7 percent of approved the plan and a $9.95 billion bond.

It was a scam, a hustle, and a pack of lies.  Virginia Postrel writes at Bloomberg…

“California’s high-speed rail project increasingly looks like an expensive social science experiment to test just how long interest groups can keep money flowing to a doomed endeavor before elected officials finally decide to cancel it. What combination of sweet-sounding scenarios, streamlined mockups, ever-changing and mind-numbing technical detail, and audacious spin will keep the dream alive?”

Well said. I would add, “And will anyone learn from this fiasco?” Specifically, will anyone learn that ideologically-driven officials will always press policies in defiance of reality, if the public lets them, or more precisely, trusts them.

The Los Angeles Times published a stunning report on how corrupt this enterprise has been from the start. Here’s sample:
Continue reading

Revisiting The “Ten Ethics Questions For Unshakable Hillary Voters”

Hillary Rally

Less than a year ago, I responded to a series of what I regarded then (and now) as irresponsible expressions of support, bias and denial by Hillary Clinton supporters with ten questions designed to rescue them from corruption. At the time, the possibility that an even worse candidate would (or could) be nominated by the Republican Party never crossed my mind.

Although it was largely buried over the last week in the aftermath of the Orlando shooting, Clinton’s e-mail fiasco was further exposed as the deep evidence of  long-term Clinton corruption that it is.  One of the most damaging e-mails handled on her private server, for example, was not turned over to the State Department (Hillary has sworn repeatedly a that ALL State Department business-related e-mails were turned over, raising the rebuttable presumption that she had other State communications among the 30,000 or so that her personal lawyers had destroyed.) We also learned that State Department staffers struggled in December 2010 over a serious technical problem that affected emails from the improper server, causing State staffers  to temporarily disable security features on the government’s own systems, thus making them more vulnerable to attack.

In a deposition under oath, Clinton’s IT specialist Bryan Pagliano, a central figure in the set-up and management of Clinton’s personal server, invoked the Fifth more than 125 times.  Meanwhile, the shadowy Clinton Foundation machinations came to the fore once again. An Associated Press review of the official calendar Hillary Clinton kept as Secretary of State identified at least 75 meetings with longtime political donors, Clinton Foundation contributors, corporate and other outside interests that were not recorded.  The calendar omissions naturally reinforce suspicions that she sought to hide possibly improper or even illegal uses of her influence and position to raise funds for the foundation. While the news media tried to spin Donald Trump’s statement in his attack on Hillary last week that “Clinton’s State Department approved the transfer of 20% of America’s uranium holdings to Russia while nine investors in the deal funneled $145 million to the Clinton Foundation,” his statement was accurate. For a change.

What was striking about the ten questions, looking at them again, is how little I would alter them today. The major change is that the arguments of those who claimed that evidence of Hillary’s unethical conduct was partisan or inconclusive look even more desperate and dishonest than they did last August. For the same reasons, the passage of time makes Clinton’s shameless and insulting lies seem even more shameless and insulting. The Democratic Party also looks worse and more corrupt: it rigged the nomination for this woman of demonstrably untrustworthy and venal character, as well as of dubious skills. Nothing can surpass the complete abdication of its duty to the United States by the Republican Party and its voters, but this was a betrayal by the Democrats.

Here is the list. I’ll have a few observations along the way, in bold.

“Ten Ethics Questions For Unshakable Hillary Voters” Continue reading

How “The Star Syndrome” Corrupts The Workplace And Institutions

bad-apple

A bad apple can indeed spoil the barrel. It happens all the time…especially when the bad apple seems like the shiniest one of all.

In Oakland, the third police chief in less than two weeks has resigned, in all likelihood because, like his predecessors, he was implicated in the department-wide sex and misconduct scandals. Now the city has given up on having its police led by police officers, and the mayor will be in charge, at least for a while. How does a whole police department get that bad? Unethical cultures spread from unethical members of the culture that are not immediately weeded out, or at least shunned.

A recent article in Harvard Business Review explains the process.

“Our recent research identifies a common phenomenon that might help dampen unethical behavior before it even needs reporting: Employees who engage in unethical conduct are more likely to be socially rejected by their peers. By ignoring the unethical employee — leaving the room when they enter, excluding them from conversations — coworkers have the power to signal that someone’s unethical behaviors are not acceptable and should be corrected.

That is, unless the unethical employee in question has the reputation of being a high performer. In spite of the tendency to socially reject those who are unethical, we uncovered a double standard based on a person’s contributions to the bottom line. Specifically, we show that unethical high-performing employees are less likely to be socially rejected by their peers, which implies that unethical behavior can be tolerated. This is not the case for unethical low-performing employees.”

This is the Star Syndrome or The Kings Pass, one of the most insidious of all the rationalizations on the Ethics Alarms Rationalization list: Continue reading

Final Thoughts On The “Turn Back Time” DirecTV Ad, The Response To My Post, And Callousness Toward Life

It’s not on TV any more, but to refresh your memory:

I’m usually a poor judge of the posts that attract controversy here.  The Ethics Alarms commentary about the Jon Bon Jovi DirecTV ad showing the fading rock star singing the virtues of a “turn back time” feature that will allow subscribers to the satellite service to watch shows from the beginning after they have already run is now five weeks old, and it is still drawing traffic and–I also didn’t see this coming—abusive responses. I haven’t changed my mind about the ad being gratuitously and smugly callous and promoting societal indifference toward children, but I have learned some things from the responses to my pointing it out, especially the angry ones.

This blog isn’t called Ethics Alarms for nothing. Its objective is to help people be more sensitive to ethical issues and the right way to handle them, as well as to give them tools to keep their ethics alarms in working order. My ethics alarms were always unusually sensitive–being raised by my father will do that—and have become progressively more sensitive with attention, trial and error, and study. They aren’t perfect, but when they go off, they go off. If I can find out what they are ringing…training and experience help with that…then I will often write a post about the reason they rang out. My alarms went off every time that DirecTV ad came on, but it took me about four viewings to analyze why.  Then I wrote the post.

The commercial has Bon Jovi explaining what’s so great about being able to “turn back time”: in addition to letting you watch the show you missed, he notes that you can have the mild salsa you turned down for a spicy variety, and retroactively decide not to have that second child you now regret. The child is shown drawing on the wall with crayons, and he vanishes as the crayons he was holding fall to the floor. The parents smile. Bon Jovi smirks.

I wrote,

“Why isn’t it immediately obvious that this shows antipathy to children, boys, and human beings generally? The human being who was made to go away because he was inconvenient and burdensome couldn’t have been a girl, because it would be a “war on women,” and the family couldn’t be Hispanic or black, because that wouldn’t have been funny, but a white couple erasing their son from existence because he misbehaves—now that’s comedy gold.”

The comments to the post made me realize that there is antipathy to children, and the concept of turning back time to eliminate an unwanted life is acceptable, and thus no big deal, to a large portion of our culture. Continue reading

The UN Officially Admits It Has No Integrity

"It is true: I am a weenie, and the U.N. can be rolled..."

“It is true: I am a weenie, and the U.N. can be rolled…”

The United Nations’ 2015 “Children and Armed Conflict” report originally listed the Saudi-led coalition in Yemen under “parties that kill or maim children” and “parties that engage in attacks on schools and/or hospitals.” Based on the work of U.N. researchers in Yemen, the report attributed 60 percent of the 785 children killed and 1,168 injured to the bombing coalition.

But  Saudi Arabia  threatened to stop its funding of other U.N. projects, so, Secretary-General Ban Ki-moon admitted,  the U.N. was revising the report to “review jointly the cases and numbers cited in the text,” in order to “reflect the highest standards of accuracy possible” ….and to “temporarily” remove the Saudi-led coalition countries from the report’s annex in the interest of protecting these programs.

Ban said he made a the difficult decision based on the need “to consider the very real prospect that millions of other children would suffer grievously if, as was suggested to me, countries would de-fund many U.N. programs.”

“It is unacceptable for member states to exert undue pressure,” Ban said, absurdly. If it is unacceptable, why does the U.N. accept it?

The UN published a factual report, and has now announced that the report will be inaccurate because it yielded to extortion in involving the lives of children.

Corruption. What justification is there to trust an organization that allows a member to do this?

The news media should stop quoting United Nations reports on health, climate change, hunger, or anything else. It has admitted that it can be bullied, pressured and bought. It has no credibility, and should not be treated as if it does.

_______________________

Sources: NPR, The Intercept

 

Gut Check For Obama: The Responsible Thing Is To Pull Out Of The 2016 Olympics

Rio2016-Logo-2

UPDATE: 6/18/13 Now this.

The responsible thing, in fact, would have been to pull out before now.

The Olympics, which were supposed to represent the ideal of pure, individual amateur (For love, not money) athletic achievement, metastasized into a bloated, hyper-nationalist insult to those ideals long ago. In addition…

…The Olympic organization is corrupt, accepting bribes to determine which nations host the games.

…The competitions are corrupt, with banned performance enhancing substances being used widely and with the assistance and knowledge of participating nations, in some cases. At the end of last year, the World Anti-Doping Agency (WADA)  issued a report calling for Russia to be banned from international athletics at all levels for flagrant doping violations and a “deeply rooted culture of cheating at all levels” within Russian athletics.

Have the Olympics banned Russia? Of course not.

Meanwhile, an IOC investigation revealed that 23 athletes have tested positive in a massive doping scandal that could ban a total of 31 yet-unnamed athletes “from 12 countries and six sports” from participating in the 2016 Olympics.

…The games now have the shadow of terrorism hanging over them.

…Expenditures by hosting nations always divert resources into inefficient and unnecessary projects, as greater national and social priorities suffer in the pursuit of pride and prestige. Following a pattern that we have seen in other countries, some poor Brazilians  have  lost their homes as part of preparations for the games. Continue reading

Now, Trump, On The Other Hand, Knows How To Create REAL Bias In The Justice System: Bribery!

Bribe

Florida’s attorney general Pam Bondi personally solicited a political contribution from Donald Trump while she considered joining an investigation of alleged fraud at Trump University and its affiliates, AP reports

Trump’s $25,000 donation to Bondi came from a Trump family foundation in a likely violation of rules surrounding legitimate activities by 501 C (3) charities, which are not allowed to engage in political grant-making. And Justice for All, a political group backing Bondi’s re-election,  reported receiving the check on Sept. 17, 2013 — four days after Bondi’s office publicly announced she was considering joining a New York state probe of Trump University’s activities.

What a coincidence!

 After the check came in, Bondi decided to leave Trump alone, citing insufficient grounds to proceed.

ANOTHER coincidence!

This was a bribe, ladies and gentlemen, and an unusually obvious one.

Bondi’s a crook, and an unethical lawyer. Trump, meanwhile, is Trump.

Do you wonder that he said that “it is a rigged system”? No wonder he thinks that: he’s helped rig it.

__________________________

Pointer: Fred
Source: AP

How Conservatives Make Themselves Untrustworthy: A Case Study Starring Brent Bozell

Brent-Bozell-SC

Brent Bozell, founder of the Media Research Center, is one of the heroes of the hard right. Joined by  reporter Tim Graham on Bozell’s media watchdog website ( it only bites liberal media, but that’s still a mouthful) Newsbusters,  he provides a depressing example of how conservatives sabotage their credibility and end up crippling their ability to persuade even when they are right, which is frequently.

In a column called “America’s Wrong To Love Football?,” Bozell and Graham complain about an NPR segment that makes the exact same point Ethics Alarms has made many times.[ You want one? Here’s one.]  After citing just some of the waves of evidence that professional football (and probably college football too) is maiming and, in slow motion, killing a large percentage of its players, they write one dishonest, irrelevant, fallacious and rationalized argument after another:

“Count on flower children at NPR to go over the edge with this issue..”

Conservatives used to use the ad hominem tactic of denigrating all liberals as hippies–drugged out, long hair, unwashed, funny clothes, pacifists, Communist sympathizers–in the Nixon era. It was a cheap shot even then—Counter their positions, don’t make fun of their haircuts!—but 50 years later it’s pathetic, and screams “I’m estranged from reality!” How many people under the age of 60 even know what “flower children” were?

Bozell and Graham continue..

“The problem isn’t the size and strength, and therefore power of professional football players. No, it’s — ready? — the evil game of football itself…”

This is devoid of logic. If the huge athletes and the way the game of football is played maim human beings, then the sport—game, sport, sport, game– of professional football maims human beings. No, Brent, it’s true, the rule book never hurt anyone. Nevertheless, the sport of pro football, as it is played, results in a large number of young men losing their minds before they are sixty. That doesn’t make the game of football “evil,” it makes the sport unacceptably dangerous. No, that doesn’t make the game “evil”—Deford never says it was “evil.” It makes people–like you, in fact—who pretend the game isn’t unreasonably dangerous and misrepresent the arguments that it is—complicit. It corrupts them. It corrupts society to have the culture spend so much money, passion and time on a sport once we know it kills people and ruins lives.

“Commentator Frank Deford used to love football, but now he just drops bombs on it. On Wednesday’s Morning Edition on National Public Radio, Deford’s weekly commentary was titled “What Is Football Doing to Us as a People?” He asked on air “So what is football doing to us as a people? How do we explain an America that, alone in the world, so loves this savage sport?…”

It is a legitimate and revealing question. Bozell and Graham just don’t like the answer. Yes, Deford loved football, until he learned that it was turning healthy young men into sad, tortured, middle-aged dementia victims while the NFL’s  leadership tried to cover up that fact. Like any decent, ethical person, he changed his mind according to new information, something conservatives like Brent Bozell often regard as heresy. Continue reading

“We Understand One Of My Colleagues Raped You. Here, Have A Taco, And Shut Up”

taco

Some sadistic and none-too skilled cynic appears to be writing the news, and I don’t appreciate it, especially the news about how our justice system deals with rape.

Felipe Santiago Peralez, a La Joya, Texas police dispatcher, repeatedly assaulted, raped, terrorized,  and forced a woman into performing various sex acts during an “all night invasion of her body” while she was in the custody of the La Joya police department for a misdemeanor probation violation. Even after Peralez’s colleagues and superiors saw the jail security video, they refused to take his victim to a hospital for an examination as required by Texas law for all rape investigations. One of them was  kind enough, she says, to offer her a taco. (It is unknown if she actually ate the taco, or if it was yummy.) An officer also told her that if she breathed a word about what happened, she was liable to go “missing.”

This happened in 2014. The La Joya police chief at the time also saw the video, and reported it to city authorities. As a result, a Hidalgo County grand jury charged Peralez with three counts of civil rights violations and one count of “official oppression”—yes, I would agree that a cop sticking various objects, organic and otherwise, into a confined woman’s vagina without her consent qualifies as “oppression”— and he was sentenced to a whopping 6 months in state jail and 30 days in county jail after a plea bargain.

See? Those Texas types know how to handle rapists with rough, effective frontier justice…none of this lame California sentencing, with a rich kid Stanford swimmer getting just six months because he promises that he’ll devote his life, well, some time anyway, to telling other rich kids not to drink so much that they think unconscious women are blow-up sex dolls. Yup, none of that slap on the wrist nonsense in Rick Perry’s domain! There, a police rapist gets six months AND another month. It serves him right! Don’t mess with Texas!

All of this comes to light in a law suit filed by the victim, referred to as A.R., that names Peralez, the City of La Joya, its former and current police chiefs, its city administrator, several La Joya police officers, the city of Peñitas, its police chief and two more officers there, and asks for 70 million dollars in damages.

I feel like I’m losing my mind. How can an entire community become so corrupt that it would behave this cruelly and unjustly? The police officer who warned A.R. to keep her mouth shut was a woman. The whole story reads like the screenplay of a lurid revenge fantasy like “I Spit On Your Grave,” except that it’s missing the fun part where the victim meticulously tracks down her abusers and tortures them to death in the most ingenious and disgusting ways possible. Of course, it appears that A.R. would have to track down the whole town, including its police force and the grand jury. And the local news media. When the justice system delivers this kind of outrage, isn’t the media supposed to report it, and loudly? Maybe reporters were told that they might go missing too.

Or someone offered them tacos.

The absence of any national reporting on this two-year-old horror is just one of the aspects of the story I find disturbing. Such as… Continue reading