Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading

Morning Ethics Warm-Up, 9/2/17: Keith Olbermann Tweet, The Rifleman On The Melting Pot, and What The Editors Of the New York Sun REALLY Wanted to Tell Little Virginia…

GOOOOOD MORNING!

1. For some strange reason AMC and the Sundance movie channel alternate showing multiple episodes of “The Rifleman” every Saturday morning. Like most of the old TV Westerns, but even more than the rest, the Chuck Connors half-hour drama about a single-father rancher who doubled as part-time lawman was about ethics, despite the fact that Chuck as Lucas McCain killed over almost tw0-hundred men over the course of the show. In one of today’s episodes, young Mark, Rifleman Jr., played by the excellent child star Johnny Crawford, fought off some bullies who were abusing a young Chinese boy who was dressed in his native clothes and wearing long hair. As the boy’s father thanked Lucas and  Mark, the Rifelman pointed out that the boy would be tormented as long as he wore his hair “like that.” “His hair is worn in the manner accepted in my country,” the father replied.

“Yes, but you’re not living in China, you’re living in the United States,” Chuck said, wrinkling his brow.

That message was not a controversial one in 1880, or in 1960, but it would be today. Still, The Rifleman was right. There is cultural pressure on immigrants to accept and adapt to U.S. culture and values, and that is for the benefit of everyone involved.  Mark made it clear that he would keep fighting for the right of the young Chinese boy to wear his hair as he chose and Chuck endorsed that, because it’s another American core value. Still, being an American citizen should mean more than just an address. Our culture used to send that message powerfully and regularly, in TV dramas and elsewhere. Now it sends the opposite message most of the time. That’s a tragic change, and the results are becoming apparent.

2. Now THIS is an uncivil tweet: The degree to which the unhinging of the Trump-hating left has reached frightening proportions was illustrated last week by a tweetstorm meltdown by onetime MSNBC star Keith Olbermann, who is still anchoring a public affairs commentary show somewhere, I think. It reached its apotheosis with this masterpiece or reason, nuance, and civility:

 

Olbermann finally took down the tweet, but the rest remained:

I don’t think Olbermann is significantly more addled by blind rage at Trump’s election than a large number of prominent journalists, editors, academics, professionals and others, or more emotional in his hate.  He  just has less restraint than most in giving vent to it, that’s all. Continue reading