Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, EF and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading

Morning Ethics Warm-Up: 7/18/17

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading

How To Rehabilitate An Ethics Corrupter

I guess most people no longer even notice this kind of thing, but it drives me crazy, and will continue to until I am, in fact, crazy.

There is no doubt: Donna Brazile is an ethics corrupter. With the complicity of mainstream media elite and her cocktail party pals, she has for years been falsely represented to audiences on various public affairs shows and “round tables” as an honest and trustworthy political analyst, when in fact she is a paid operative of the Democratic Party. This has been true since she was the campaign manager for Al Gore’s failed Presidential bid. It is deception every time she is introduced on “This Week with George Stephanopoulos” as anything else but a paid agent of the Democratic party. Since her opinion isn’t merely biased but paid for, presenting her as an authority or a pundit is misrepresentation, and intentionally so.

During the last campaign, Brazile revealed her character by using a position with CNN (that never should have been offered, given her known loyalties) to help Hillary Clinton cheat in a town hall and a debate against Bernie Sanders. She cheated. Her cheating was revealed in the e-mails hacked on John Podesta’s e-mail account, but Brazile lied about it when confronted with the evidence, implying that the e-mails were fabricated. Later, after that deception flopped spectacularly, she said that she was “proud” of cheating for Clinton, and regretted nothing.

To sum up, we know, and the media knows, that Donna Brazile is a corrupt partisan, who is eager to misrepresent herself and reality, and cheat when necessary to win for her clients. She should never be presented as an independent, objective, honest or trustworthy commentator or authority. Never. Her presence stands for the unethical propositions that the ends justify the means, and that the Left must prevail even if doing so requires cheating and lies.

Ah, but Donna is one of the gang in Washington, good people, don’t you know, so her journalist pals and the news media are working hard to make Donna acceptable again. Thus I see this headline at “The Hill”:

Brazile: Sending Clinton town hall topics ‘mistake I will forever regret’

Drudge takes the hand-off, and links to the story like this..

DONNA SEEKS REDEMPTION: REGRETS LEAKED QUESTION…

ABC, next to CNN the network that has most shamelessly passed off Brazile as trustworthy commentator, headlined the story,

Donna Brazile: Passing debate questions to Clinton camp ‘a mistake I will forever regret’

FACT: Donna Brazile has never said, implied or stated that she regrets cheating on Clinton’s behalf. Never. Yet these are the headlines of stories that desperately attempted to convince the public that the opposite is the case.

Continue reading

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 1

bad-2016

Welcome, if that’s the word, to the 8th Annual Ethics Alarms Awards.

Last year, in a burst of self-pity as I began this annual task, I wrote,

“It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries!—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty. Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…”

Then came 20i6.

To paraphrase  Margo Channing, “Fasten your seatbelts: It’s going to a bumpy post…”

Ethics Train Wreck of the Year

train-wreck-air

The Hillary Clinton E-Mail Scandal Ethics Train Wreck

I thought last year was the Year of the Train Wreck. Wrong. In 2016, we had the 2016 Post Election Ethics Train Wreck, the Campus Sexual Assault Witch Hunt Ethics Train Wreck, the Freddie Gray Ethics Train Wreck, the old stand-by Obama Administration Ethics Train Wreck, the still active Ferguson Ethics Train Wreck, and the Ethics Train Wrecks of both Presidential candidates campaigns. Hillary’s e-mails and their related lies in the long trail of cars called the Hillary Clinton E-Mail Scandal Ethics Train Wreck, was a clear winner though.

Passengers included President Obama, Bernie Sanders, Anthony Weiner, the F.B.I., Loretta Lynch, Bill Clinton, James Comey and more. And, of course, it played a significant and perhaps decisive role in bringing us President Trump.

Runner-Up: 2016 Post Election Ethics Train Wreck. It had less than a month to get up steam, but it caused lots of ethics carnage, and is still going strong.

Fraud of the Year

The Trump Foundation, which revealed itself to be a near total sham. RUNNER-UP: Fake lawyer Kimberly Kitchen, who worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and served as president of the county bar, though she never went to law school, and never took the bar exam, but forged documents to fool everyone that she had.

Most Unethical Act By A Major Church

The Catholic Church, which, incredibly, restored a convicted rapist to the priesthood. Father Joseph Jeyapaul,  a Catholic priest from India, while serving in the Crookston, Minnesota diocese from 2004 to 2005 raped at least two adolescent girls.  After being charged with the crimes, including rape and forcing at least one of his victims to perform fellatio on him, Father Joseph  escaped to India, where an Interpol warrant got him extradited back to Minnesota.  There he confessed, and as part of a plea bargain, received an outrageously light sentence of a year and a day for pleading guilty to one count of molestation. Jeyapaul was suspended from the priesthood and served his time in Minnesota. The U.S. deported him back to India, while the Minnesota diocese had to pay millions in a civil lawsuit, during which we learned that the rapist priest had told one of his victims  in the confessional that she was at fault, and had made Jeyapaul “impure” by letting him abuse her. In February, the Vatican lifted Jeyapaul‘s suspension and restored him to the priesthood. It then assigned him to a new parish in India, where he is now the diocesan head of its commission for education. 

Tell me again why that fake news story that the Pope endorsed Trump was supposed to help The Donald.

Incompetent Elected Official of the Year

kkane

Kathleen G. Kane (D), Pennsylvania’s ex-Attorney General.  In October, a judge sentenced her to 10 to 23 months in prison for her conviction on charges of perjury and abuse of her office. You can’t be more incompetent, I’d say, than an elected attorney general who can’t stay out of jail herself. I regret not writing about the Kane saga last year, but her ethical void was fairly apparent back in 2013, the only time I did write about her, after she leaked grand jury testimony, which is illegal. I wrote at the time (I must have been in a bad mood)…

“Leaking grand jury testimony is both illegal and spectacularly unethical for a lawyer, yet Pennsylvania’s Attorney General, Kathleen Kane, appears to have done it for the slimiest of reasons, and is offering the most cynical of defenses in the most offensive of ways. (Incidentally, I don’t understand how this could happen. After all, Kane is a woman, the first Democrat and the first woman to be elected to the post, and since having a vagina alone is supposed to imbue a candidate with trustworthiness, surpassing competence and virtue, this makes no sense at all.)”

Unethical Elected Official of the Year

Continue reading

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Part 1: Signature Significance]

flag-american-crumbling

…and without trustworthy journalism, democracy cannot survive.

There was reason to hope that following its beyond miserable performance in its coverage of the campaign and election just concluded, American journalism would respond to reality and dedicate itself to repairing its broken relationship with traditional professional ethics. Poll after poll shows that the news media’s standing with the public has never been lower. Because the profession itself ought to be more keenly aware than anyone of how vital honest, fair and competent journalism is to the health of a democracy, one would expect that this would be a moment demanding brutal self-examination and rapid reform.

This is not what we are seeing, however. Consider:

  • Last weekend, ABC’s Jonathan Karl interviewed Donna Brazile in a New Year’s Day review of the election. I couldn’t believe it. She was introduced as a respectable commentator with no acknowledgment of her role in the Clinton fiasco and the news media’s disgrace. As Ed Morrissey wrote,

Why is Jonathan Karl interviewing Brazile in the first place? …It has been 62 days since CNN severed their ties with Donna Brazile over the fact (no longer an “allegation”) that she cheated during one of the Democratic presidential primary debates and attempted to cheat during a second one in Flint, Michigan. And yet ABC News is inviting her to sit down for a casual New Years Day chat like any other political analyst.

CNN shouldn’t have allowed her to be a staff member to begin with, since she was a partisan political operative. She used that relationship and exploited her conflict of interest to try to do what she could to  rig the election. She was exposed, lied by denying it, and fired. Now, after the election, she behaves as if nothing has changed, and ABC again presents her as a reliable analyst.

  • After WikiLeaks’ publication of emails from the Democratic National Committee and Hillary Clinton campaign chair John Podesta revealed collusion and shockingly unethical ties between prominent journalists and the Clinton campaign, as well as the campaign openly referring to such journalists as allies, none of the journalists so exposed have been disciplined, nor have any of the news organization employing them indicated that they were so much as troubled by the revelation.

Continue reading

A Special Ethics Alarms “Fake News” Friday Bulletin: Obama Calls The Hacked DNC E-Mails “Gossip” [UPDATED]

gossip

As I write this, President Obama is using his press conference to spin the Russia-Wikileaks hacked e-mails story. In addition to snidely implying that Americans are idiots for allowing such relative trivia to sway their votes when so much of substance was at stake (note that there is no evidence that any votes were thus swayed), the President referred to the content of the DNC e-mails as “gossip.” Gossip is generally defined as “casual or unconstrained conversation or reports about other people, typically involving details which are not confirmed as true.” Calling the contents of Podesta’s e-mails and others “gossip” is deliberate disinformation by Obama—a lie. The most important revelations were definitely not “gossip.” Like these:

  • A 12-page memo written by Doug Band,  longtime aide to Bill Clinton, describes using his consulting firm to raise money for the Clinton Global Initiative as well as direct personal income for the former president. It describes how Band rallied clients of his firm, Teneo, to contribute directly to Mr Clinton for “in-kind services for the President and his family – for personal travel, hospitality, vacation and the like” referring to that fund as “Bill Clinton Inc”.

The memo confirmed that several companies directly paid the former president for his speeches or advice, while making contributions to the Clinton Global Initiative.  One client, Coca Cola, received a face-to-face meeting with the former president at his home in 2009, after contributing millions to the non-profit foundation.

Verdict: Not gossip, but smoking-gun evidence of Clinton influence peddling.

  • On the fateful day that news of a private email server broke, John Podesta emailed Neera Tanden, who worked for the Clinton campaign in 2008 and has remained a close adviser, to complain, saying, “We’ve taken on a lot of water that won’t be easy to pump out of the boat”, he wrote in September 2015 as Clinton staff feared that Vice President Joe Biden would join the Democratic primary race. “Most of that has to do with terrible decisions made pre-campaign, but a lot has to do with her instincts. Almost no one knows better [than] me that her instincts can be terrible.” In the email exchange, Mr Podesta also complained that Clinton’s personal lawyer David Kendall, and former State Department staffers Cheryl Mills and Philippe Reines “sure weren’t forthcoming here on the facts here”. Mrs Tanden responds “Why didn’t’ they get this stuff out like 18 months ago? So crazy.”

Tanden later answered her own question saying, “I guess I know the answer. They wanted to get away with it.”

Verdict: Not gossip. These were assessments of those who know Clinton best, and their questioning her judgment was significant, as is the last comment, which completely undermines the year-long Clinton camp denial that there was anything amiss with Hillary’s handling of e-mail at State. It would be admissible in court to show state of mind and that the Clinton camp had lied. Continue reading

From Facebook, Two Comments Of The Day: The Election

Police form a line to contain protesters outside a campaign rally for Republican presidential candidate Donald Trump on Thursday, June 2, 2016, in San Jose, Calif.  A group of protesters attacked  Trump supporters who were leaving the presidential candidate's rally in San Jose on Thursday night. A dozen or more people were punched, at least one person was pelted with an egg and Trump hats grabbed from supporters were set on fire on the ground. (AP Photo/Noah Berger)

Two regular commenters,  johnburger2013 and Alexander Cheezem, cross-posted their Facebook essays about the election on Ethics Alarms. Both are worthy Comment of the Day.

First, from johnburger2013:

A  Facebook friend told me to let this go. However, I can’t, especially after reading countless postings about the end to the US as we know it. This post is most particularly directed at the person accusing me of white-male-entitled-complacency, who has never had to worry about storm troopers kicking in my front door.

Trump won. Clinton lost. This has been a long, painful, contentious election cycle, extraordinarily dividing the nation into bitter, blinded hemispheres with unbelievable and unnecessary bloodletting.

Yet, take heart. The US republic will survive. Will Trump be a good president? Who knows? Nobody. Got that? Nobody. Time will tell.

Give some credit to the citizenry. The US, for all of its past and present errors, has tried to live up to its mission to form a ‘more perfect’ union. It has constantly tried to right the ship and steer it away from the rocks. Hopefully, the thousand cuts inflicted by this election will heal and the nation will find itself stronger. I have read that a broken bone is stronger when it heals. Hope springs eternal.

To those lamenting and wailing that your candidate lost: Stop it. Please. For the sake of the nation. Just stop it. Trump’s presidency does not, and will not, lead to mass incarceration, deportation, or the building of ovens. The US is nowhere near where the Weimar Republic was in the 1920s. Nor is it anywhere close to pre-Mussolini Italy, pre-Franco Spain, pre-Chavez Venezuela, or pre-Morales Bolivia. And no, Trump’s presidency will not, under any circumstances, be a catalyst for religious reactionaries calling for pregnant women to be chained to the stove.

More particularly, stop hurling Nazi memes around. Nazi Germany led to unspeakable evil, targeting Jews for extermination. Do not, under any circumstances, diminish what Jews suffered under Nazi genocide by claiming that Trump and his supporters are one clothing store away from brown shirts. Do not tell me that my ‘white-privilege complacency’ blinds me to the realities of Kristallnacht. It is insulting and cruel. I am from the Cleveland, Ohio, area, which had a large survivor community. I saw the fear. I heard the stories survivors endured. Worst of all, I saw the despair in the eyes of ordinary people targeted because of their religion. I don’t need to experience first-hand what happened at Treblinka or Auschwitz to know that that is pure, unbridled evil.

Furthermore, I saw that Kristallnacht has been trending on Facebook, and, ironically, began on November 9, 1938. Believe, me, I do not support Donald Trump – I think he will be a terrible president (I hope I am wrong). However, I am disheartened and saddened that fellow citizens cannot put aside partisan differences. Reading Facebook postings comparing Trump to Hitler, and his supporters to the Schutzstaffel, is morally offensive, especially having known people who suffered through Nazi genocide, people forever scarred by the horror they lived and having to relive it every single moment they look at numbers brutally carved into their skin

Trump’s victory absolutely does not mean that minorities will be hauled back to plantations in chains, or marriages recently upheld will be obliterated.

As for Trump and his supporters: Drop the “Clinton-is-a-criminal” stuff. Your candidate won. Stop gloating. It is immature and unbecoming of the republic. Your candidate will take the highest executive office in the land. Demand that your candidate govern with the dignity, respect, and vision that office requires. Demand that he stop saying stupid things. Demand that he develop a filter and impulse control expected of the office.

Disagree over policy. Disagree over ideas. Disagree all you want about Reagan, Bush, Clinton, Bush or Obama, but they behaved in the manner called for by the Office of the President of the United States of America.

The US is a great place to live because of the liberties enshrined and guaranteed and protected by the Constitution. If we, as citizens, hold to true to those values, the nation will be a better place.

Now Alexander Cheezem’s Comment of the Day, on the theme of accountability, an Ethics Alarms favorite. I’ll have a brief comment at the end: Continue reading

The 2016 Election And Ethics Zugswang

scylla-and-charybdis

In a July post I introduced the concept of ethics zugswang, described in the Ethics Alarms glossary as

From the chess term “zugzwang,” describing a board where the player with the next move worsens his position regardless of which move he chooses. Ethics Zugswang occurs when all the opportunity to choose ethical options has passed. Any course of action will have unethical consequences.

I often talk about ethics zugswang in my ethics seminars as well. It is a situation where  no ethical decision is possible, because of poor choices and a failure to play competent ethics chess, not thinking ahead, not anticipating worst case scenarios, and thereby creating a situation where  ethical options are unavailable. All that is left are options that do tangible harm. The idea is to avoid such messes by not blundering through life being governed by non-ethical considerations, emotions, rationalizations, recklessness and ignorance. Sometimes, however, despite all of one’s best efforts, ethics zugswang arrives anyway.

Such is the plight of the American citizen on Election Day, 2016. For months, thoughtful voters who care about democracy and want to participate in choosing their President responsibly have been trying to decide which of several unethical decisions is the best—the most ethical, or rather least unethical– of the available options. Being angry or indignant, or holding one’s breath until one turns blue, will not do. A decision has to be made, and refusing to make a decision is still a decision. (In chess, the most common response to ethics zugswang is to resign, to quit. But one cannot quit being a citizen in a democracy.)

In past posts, mostly in the comments, I and others have exchanged proposed analogies to describe the choice between choosing Hillary Clinton or Donald Trump to lead the country. Arguing that it was a binary choice that could best be compared to having one’s commercial airline flown by an untrustworthy pilot of questionable skill, motivations and objectives or, in the alternative, a seven-year old, a monkey or a spaniel, my position was that one choice was terrible and the other was infinitely worse, but the terrible one as at least survivable, with luck. Classical literature provides another useful analogy: the myth of Scylla and Charibdis.

In Greek mythology, they were two immortal and deadly monsters who lived on opposite sides the narrow waters in the Strait of Messina, between Italy and Sicily. Odysseus, trying to return home after the Trojan War,  faced the dilemma posed by having to choose between them in Homer’s Odyssey, Book XII. Scylla had been a lovely a sea nymph who was loved by the sea god Poseidon, but Poseidon’s jealous wife Aphrodite treacherously cursed the waters in which Scylla bathed. The god-poisoned water turned Scylla into huge and vicious monster with twelve legs, six heads on long, snaky necks, with each head having a triple row of shark-like teeth. The transformed Scylla’s loins were also covered by the heads of baying dogs. (Note to self: don’t mess with Aphrodite!) When ships passed close to her, Scylla’s six heads would each snatch one sailor, then devour them in her cave.

Charybdis was also once a nymph, a daughter of Poseidon, who angered Zeus, Poseidon’s brother. Zeus turned her into an even worse monster than Scylla. The transformed nymph lurked under a fig tree on the opposite shore from Scylla’s rock, drinking down and belching out  the sea three times a day, causing  fatal whirlpools no ship could survive. Odysseus managed to get the worst of this dual  monster dilemma, sailing close enough to Scylla to doom six of his sailors (who he never warned about the threat) and still seeing his chip wrecked by Charybdis, with him being the only survivor. The shipwrecked Odysseus barely escaped her clutches by clinging to a tree until the improvised raft that she swallowed floated to the surface again after many hours.  To be “between Scylla and Charybdis” means to be caught between two equally horrible alternatives.

As today loomed and this metaphor appeared more and more accurate, I sought wisdom from various versions of the story, only to gradually realize that I was not as certain as I once had been which candidate was which monster. Continue reading

Yes, Yes, We Know Who You Are Voting AGAINST…But You Should Know Who And What You Are Voting FOR…

“My conscience — as an activist, a strategist — is very clear…if I had to do it all over again, I would know a hell of a lot more about cybersecurity.”

—-Democratic National Committee Chair Donna Brazile, refusing to apologize for forwarding debate and town hall questions to Democratic candidate Hillary Clinton, thus breaching journalism ethics and betraying the trust of CNN, which was employing her as an analyst.

statue-of-liberty-cryingWhen you vote for Hillary Clinton—and voting against Donald Trump does not change the fact that you are still voting for Clinton—do understand what this statement, in an interview yesterday on satellite radio, really means.  It means that the Democratic Party officially embraces the anti-ethical principle that the ends justifies the means. It means that the party endorses lying and cheating, which was what Brazile did, as long as the “right” people lie and cheat. It means that the Democratic Party—-not just Hillary and her staff, who we know have the core political ethics of Lenin and Goebbels, but the entire party—agrees with Brazile. Her mistake was not cheating, but failing to get away with it, by hiding her conduct insufficiently.

She, like the party she leads, is so confident that the American public, at least the voters she and the party care about, accepts these ugly and undemocratic values that she is not even pretending to regret her actions. If it helps elect Hillary Clinton, it’s fine. It it acquires power for the Democrats, it’s fine. If it deceives the public to the “right” end, it’s fine.

The Democratic Party hasn’t condemned Brazile’s actions, and won’t condemn her smug words of endorsement of lying and cheating. It hasn’t asked her to step down, as her predecessor was made to step down after she was caught rigging the nomination process for Clinton. Thus it endorses Brazile’s  values, and openly so. President Obama also endorsed Brazile’s values, explicitly, by directing his spokesman Josh Earnest to praise her, and only praise her, as “a person of integrity and ..high character” after being asked about the first of Brazile’s cheats on behalf of Clinton (more have since been uncovered.)

Is that clear? The President of the United States publicly stated, through his agent, that an individual who lies and cheats has integrity. This is what integrity has come to mean under this leader, to his party. Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 3

denial

Continuing from Part 1 and 2…

9. Hillary Clinton’s presidential campaign circulated a draft letter critical of James Comey to former federal prosecutors, implicitly inviting them to comment publicly.  (This is an implied but unenforceable quid pro quo. These people are good...) Eric Holder, naturally, former US attorney general Michael Mukasey and poor, disgraced former Bush AG Alberto Gonzalez heeded the dog whistle, all disgracing themselves in the process.

Not one of them are privy to the evidence involved, and for these men to be using their positions and reputations to level charges and accusations at a high-placed law enforcement official based on speculation and partisan warfare is unethical. It is unfair, and  undermines the public trust. This is always something that former officials should avoid, as a near absolute. The Golden Rule also applies. These men know how hard these jobs are, and what they would have thought about  ex-officials criticizing them. Basic professional ethics principles discourage this.

Holder, of course, is a proven Clinton hack. Gonzalez might even make Comey look better by criticizing him, so thoroughly discredited is he. (My guess is that he’s desperately attempting to fashion a new pubic image.)

Mukasey’s comments may have been the worst of all. He took the opportunity of the current controversy to attack Comey again for his decision not to recommend that Clinton be indicted. (Meanwhile, CNN used his name in a misleading headline implying that he was criticizing Comey for his letter to Congress. It initially fooled me.) Speaking of the earlier Coney statement, he said,

“This wasn’t Comey’s call. It is not his function as director of the FBI to decide who gets charges and doesn’t. It’s his function to gather evidence. And he didn’t fulfill that function very well. But it’s certainly not his function to get up and pronounce on whether charges should be brought or whether a reasonable prosecutor would ever bring them.I don’t think he should have been this fix. I don’t think he should have put either himself or the bureau or the Justice Department in this fix.”

Wrong (1): it was Comey’s call, because Loretta Lynch told the public that Justice would accept the recommendation of the FBI regarding Clinton’s possible prosecution. Did Mukasey follow the story? I guess not.

Wrong (2): Comey’s extensive public statement in July was necessary to ensure transparency and trust after Loretta Lynch stupidly allowed Bill Clinton to appear to be brokering a deal with her. Presumably Mukasey wouldn’t have done that.

Wrong (3): So Comey did notput either himself or the bureau or the Justice Department in this fix.” Obama put them in this fix, by allowing his Secretary of State to skirt security policies. Holder put them in this fix, by operating such a blatantly partisan and political Justice Department that public trust in a fair investigation of the presumptive Democratic Party presidential candidate was impossible. Lynch put them in this fix, by not resigning.

To his credit, Mukasey did dismiss Harry Reid’s and Richard Painter’s Hatch Act nonsense with appropriate disdain, saying, “That’s baloney. I mean, you know, it’s sort of an amusing talking point for three and a half seconds, but it’s not serious.”

10. The issue is not whether Donald Trump is as corrupt and dishonest as Hilary Clinton, or even more so. In trying to shift focus to Trump to allow Clinton, as usual, to wiggle out of the well-earned consequences of her own wrongdoing by distraction, confusion, and diversion, Clinton’s corrupted allies are throwing every accusation and innuendo at Trump that they can concoct or dig up. It-Doesn’t-Matter. Trump is horrible, the bottom of the barrel, UNDER the barrel, at the bottom of a long, narrow pit under the barrel. Understood. That still doesn’t make Hillary less corrupt, less untrustworthy, and less dishonest. Nor less ruthless, cynical, manipulative, venal and totalitarian.

Continue reading