Dennis Hastert

From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

/ Jack Marshall / 15 Comments
guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading →

Indeed He Deserved All Of It, But Denny Hastert’s Sentencing Hearing Was A Legal And Ethical Travesty

/ Jack Marshall / 22 Comments

Hastert sentencing

“I am deeply ashamed to be standing here,” former Speaker of the House Dennis Hastert  told a judge yesterday at his sentencing hearing.  “I know why I am here … I mistreated some of the athletes that I coached.”

Wait…what? That’s not why Hastert was in court at all. He was before a judge for one reason: he violated banking laws and lied to the F.B.I.. The fact that he was a sexual predator and molested members of the wrestling team he coached many years ago is not the reason he was in court. It couldn’t be. The statute of limitations on all of those crimes, horrible crimes all, had expired. Hastert couldn’t be charged, tried or convicted of any of them.

I don’t understand why this hasn’t been the focus of the coverage of Hastert’s ordeal yesterday. Why did the judge think it was appropriate to “angrily” lecture him about his crimes that in the eyes of the law he must be considered innocent of by the legal system, because he cannot be found guilty of these crimes any more?

“‘If Denny Hastert could do it, anyone could do it,'” U.S. District Judge Thomas M. Durkin said. “Nothing is more stunning than to have the words ‘serial child molester’ and ‘speaker of the House’ in the same sentence.” Well, that’s very interesting, Judge. If  the late Ted Kennedy had been before you to be sentenced for, say, just a wild hypothetical, a drunk driving charge, would you lecture him about letting Mary Jo Kopechne drown in his car?

I may have missed it, but when O.J. Simpson was sentenced for burglary, I don’t recall the judge asking him to confess to murdering Nicole and Ron…did that happen?

Earlier this month, the judge and prosecutors allowed the trial to become a proxy trial for a crime that wasn’t on the docket, with prosecutors hammering at graphic details about the sex-abuse, describing how Hastert would sit in a recliner in the locker room with a direct view of the showers. The victims, prosecutors said, were boys between 14 and 17. Hastert was in his 20s and 30s. This is relevant to the charges against Hastert how, exactly? Answer: They aren’t. Continue reading →

Pop Ethics Quiz: Is This Hypocrisy?

/ Jack Marshall / 14 Comments
"Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?"

“Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?”

In 2003, Dennis Hastert, then Speaker of the House and as yet unmasked as a child molester in his days as a High School wrestling coach,  said

“But it is equally important to stop those predators before they strike, to put repeat child molesters into jail for the rest of their lives and to help law enforcement with the tools they need to get the job done.”

The news media has labeled this statement hypocrisy. Is it?

It is not.

Hypocrisy is a statement of moral or ethical standards that an individual proves by his own actions that he does not believe. The actions that supposedly mark Hastert as a hypocrite had already taken place when he made that statement in 2003. There is no reason to assume that he did not believe that sexual predators should be stopped and prevented from doing harm to others, even though he had been one, and indeed even if he was still inclined to molest young men in 2003.

This is another version of the flawed argument that a parent who smoked pot as a youth cannot credibly demand that his or her own child not do the same. What makes a hypocritical statement is insincerity and pretense at the time it is made, demonstrated by conduct in close temporal proximity to that statement. Continue reading →

We Have A Winner In The “False Hastert-Clinton Equivalency Sweepstakes”! Congratulate Slate’s William Salatan!

/ Jack Marshall / 12 Comments

I don’t know when William Salatan jumped the ethics shark at Slate; I used to find him fair, reasonable and perceptive. Now he has apparently gone over the Dark Side, the shadowy, ethics-free realm where the Clintons are victims of a vast right wing conspiracy. Too bad.

There is some compensation for Salatan, though. He just penned the perfect example of the Shameless Left’s attempt to exploit the fall of  former GOP Speaker Dennis Hastert to exonerate Bill Clinton, and by extension, his Lady MacBeth, Hillary, as she tries to complete her rise to power fueled by the public’s acceptance of her husband’s corrupt ways.

You can read it here, and I would hope that most of you would be able to spot, and quickly, the multiple blatant ethics bait-and-switches that Salatan employs. But for those deceived, let me provide some guidance.

Many commentators have made the point that Hastert’s prosecution looks politically motivated and unfair. He is not being prosecuted for the alleged sexual misconduct with a student believed to be the source of an extortion attempt, and paying a blackmailer is no crime. He is being prosecuted for lying to the F.B.I about the reason for his large cash withdrawals. Says Salatan:

“The critics have a point. Lying under oath and evading transaction surveillance are derivative crimes. Usually, they’re prosecuted only if the underlying offense is serious and demonstrably true. You can argue that if the core allegation hasn’t been proved, or if the core issue isn’t grave enough, it’s cheap and abusive to proceed with prosecution based purely on derivative charges. But Hastert can’t make that argument, because he made the opposite argument 17 years ago. He threw the book at President Clinton for lying about sex.”

Thus Slate’s misleading and ignorance-seeding headline, “Hastert’s Hypocrisy.” There is no hypocrisy. Moreover, like Professor Kerr, Salatan mistakenly says that Clinton was impeached for “lying about sex.”  That was a Lanny Davis/Clinton spin talking point, and it is false.. Continue reading →

Unethical Quote Of The Week: Law Professor Orin Kerr

/ Jack Marshall / 19 Comments

“If I understand the history correctly, in the late 1990s, the President was impeached for lying about a sexual affair by a House of Representatives led by a man who was also then hiding a sexual affair, who was supposed to be replaced by another Congressman who stepped down when forced to reveal that he too was having a sexual affair, which led to the election of a new Speaker of the House who now has been indicted for lying about payments covering up his sexual contact with a boy. Yikes.”

—Prof. Orin Kerr on The Volokh Conspiracy.

Hatert as coachI thought more highly of Prof. Kerr, who belongs to the left end of the group of provocative libertarian legal scholars who make up the commentariat on the erudite blog, recently annexed by the Washington Post, than to believe him capable of abusing his authority with this kind of hackery. He is endorsing  the deceitful “logic” of Hustler publisher Larry Flynt.

Well no, Professor, I guess you don’t understand history properly, or government, or ethics for that matter. Clinton was not impeached for lying about a sexual affair, though that was the tactical spin placed on the impeachment by Clinton’s defenders.

Bill Clinton  was impeached for lying about a sexual affair under oath, before a judge, in court, an act that would get you, as well as any other lawyer, disbarred. If you don’t obey the law enough to be a lawyer, you don’t respect the law enough to be trusted to defend the laws of the land as President of the United States. He was also impeached for lying to a grand jury, another crime, and using his high office, his appointees and his staff to cover up his lies, which is obstruction of justice.

He was also impeached because he was President of the United States, the role model and exemplar for good citizenship, lawfulness and good behavior for the entire nation, and because the relationship in question occurred during his tenure in office, during the working day, and  with a low-level employee in violation of the principles under lying the sexual harassment law he had signed into law himself.

None of this was true of Newt Gingrich, Bob Livingston, and Dennis Hastert, the three GOP Speakers Kerr is referring to. Continue reading →

Victims, Victimizers, and Hypocrites: The Dennis Hastert Affair

/ Jack Marshall / 26 Comments

12-20-98 Copy photo from 1976 Yorkville Yearbook which shows Dennis Hastert who coached the 1976 state champion wrestling team...

Former Speaker of the House Dennis Hastert, the longest serving GOP Speaker in history, has been indicted for lying to the FBI and elaborately evading reporting requirements on large cash withdrawals for  payments he allegedly made to a male former student whom Hastert sexually abused while he was a high school wrestling coach over 30 years ago. If you want to read what is known about the unfolding Washington scandal s far, as well as partisan attempts at spin, you can try Politico, The Week, Talking Points Memo, OpenSecrets.org,  Washington Post, Bloomberg Business, The National Memo, NBC News, Washington Monthly, Outside the Beltway, The Hill, Daily Mail, Patterico’s Pontifications and The Daily Kos.

Ethics observations:

1. This is a personal and professional tragedy, no matter what else may be true. Hastert has a family, and once had a career and a relatively solid reputation. The family is still there, though wounded; the rest is gone, presumably forever.

2. Assuming that what is coming out as the reason Hastert was paying millions in hush money is in fact true, he abused his position of trust as a teacher and committed a heinous crime. Nothing that he did subsequently as a public servant, or endured as a consequence of his actions, mitigates the seriousness of that misconduct. Continue reading →

Unethical Website of the Month: Facebook Event—“If Boehner shuts down the government I am taking my trash to his house”

/ Jack Marshall / 2 Comments

Hypothesis: If you can't persuade your adversary he is wrong, dump this on his lawn.

Two guys who shouldn’t be allowed out of the house, or near a laptop, without adult supervision have launched an unethical Facebook event, entitled “If Boehner shuts down the government I am taking my trash to his house.” See, if the federal government shuts down, one of the District’s services that will stop is trash pickup. Clever boys.

The organizers of the event are Jonah Goodman, who is listed in the Democratic National Committee network and Nolan Treadway, the political and logistics director for the liberal group Netroots Nation, lead off their “event” announcement saying that… Continue reading →