fairness

Kanye West, Ethics Corrupter

/ Jack Marshall / 41 Comments

FevaTV-KanyeWest Time Kanye West, a major and influential figure in pop music and with young black African-Americans particularly, has been a constant force for racial division, most notably when he told a live national audience that the response to the New Orleans recovery after Katrina was deliberately slow in order to harm African Americans. Despite the fact that he has repeatedly revealed himself to be a shameless jerk as well—really, it’s inconceivable that someone of such taste and class as Kim Kardashian would marry someone like that, but who can map the human heart?—West continues to promote racial distrust and division, making the musician a cultural and societal pollutant, the human national equivalent of Flint water.

His latest racist outburst was a series of tweets yesterday to his millions of followers that proceeded this way, within a minute…

To Pitchfork, Rolling Stone, New York Times, and any other white publication. Please do not comment on black music anymore…

I love love love white people but you don’t understand what it means to be the great grandson of ex slaves and make it this far…

The system is designed for colored people to fail and one of our only voices is music. One of our only ways out is music.

Hilariously, West’s complaint was that a Pitchfork review “only” gave his album a “9 out of 10” rating. He explained that he deserved a “30 out of 10.”

The racists.

This is more evidence that strong, vocal and influential forces in pop culture and the black community have abandoned the goals of racial respect, integrated society and equal justice and opportunity for the new goals black separation, special status, double standards, and disrespect. This has been the message of protesting activists on dozens of campuses; it was the message of the Black Lives Matter/Black Panthers salute Americans were subjected to by Beyoncé at the Super Bowl halftime show, and that is West’s irresponsible message as well.

Kanje has decreed some new rules, apparently : Continue reading →

Encore! Presidents Day Ethics: The Presidents of the United States on Ethics and Leadership

/ Jack Marshall / 15 Comments

It’s President’s Day, and I see that it has been five years since the most popular Ethics Alarms President’s Day post was published. That one, from 2011, reminds us of the ethics wisdom and leadership acumen of the remarkable men who have served their country in the most challenging, difficult, and ethically complicated of all jobs, the U.S. Presidency.

In the middle of a campaign season littered with some disturbingly unethical candidates, it seems especially appropriate to re-post that entry now….with some updates. In 2011, I left out three Presidents, including the current one. Now all are represented, most of them well.

So…

Ladies and Gentlemen, the Presidents of the United States of America:

 

George Washington: “I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man.”

John Adams: “Because power corrupts, society’s demands for moral authority and character increase as the importance of the position increases.” 

Thomas Jefferson: “On great occasions every good officer must be ready to risk himself in going beyond the strict line of law, when the public preservation requires it; his motives will be a justification…”

James Madison: “No government any more than any individual will long be respected without being truly respectable.”

James Monroe: “The best form of government is that which is most likely to prevent the greatest sum of evil.”

John Quincy Adams: “Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.”

Andrew Jackson: “One man with courage makes a majority.”   (Attributed)

Martin Van Buren: “No evil can result from its inhibition more pernicious than its toleration.”

William Henry Harrison: “There is nothing more corrupting, nothing more destructive of the noblest and finest feelings of our nature, than the exercise of unlimited power.” Continue reading →

Ethics Observations On An Ugly–But Entertaining!—GOP Debate

/ Jack Marshall / 7 Comments

CBS debate

I knew this time would come, and it came the same week for both parties: I’m getting sick of the debates, and it’s harder and harder to find new illumination and conclusions with each one. For some reason, however—the effect of the unsettling news of Justice Scalia’s sudden death. perhaps?—last night’s Republican debate (transcript here) was nastier and more personal than any of the debates this cycle, and Charles Krauthammer may be correct that that it was the most ugly Presidential candidates debate ever.

Observations:

1. This was 100% the fault of Donald Trump. I keep reading that the Republicans should be embarrassed—-what control does the party have over Trump? He’s in the race, and that means that he will drag down the conduct in the race. Arguing with him is like arguing with a 12-year-old—I was reminded of Erma Bombeck’s line that it is impossible to argue with a six-year-old without sounding like a six-year-old. Sometimes I think all the debaters should agree to turn their backs on Trump when he’s ranting, like all the jurors do in “Twelve Angry Men” when the racist finally lets it all out.

I wrote months ago that Republicans should have told Trump he wasn’t a Republican and thus wasn’t welcome in the debates, the nomination race or the party. They had neither the foresight, principles nor guts to do that, and now they are stuck with him polluting the debates and the race, engaging in the equivalent of belching and farting, as the juveniles supporting him cheer and snicker. Good job, everybody.

2. That was excellent, fair, competent moderation by John Dickerson. You know the debate has been a mess when the moderator is the star.

3. I have really come to resent Ben Carson’s sleepy, arrogant, useless statements and observations, wasting precious time, blathering platitudes, appealing only to those ignorant souls, like him, who really think the most challenging and consequential job on Earth should be handed to a proud amateur. In that respect, he is the most unethical individual on the stage. Continue reading →

Rep. Alan Grayson, Incivility, Predicting Unethical Conduct…and Donald Trump

/ Jack Marshall / 13 Comments

Grayson

It should come as no surprise to anyone that Rep. Alan Grayson (D-Fl.) is under investigation by the House Ethics Committee for serious ethics violations. This was pre-ordained by the proclivities he has shown throughout his political career. In his case, the primary tell is his complete lack of civility, which is symptomatic of a crucial respect deficit. Those who do not regard displaying respect for colleagues, fellow citizens, political adversaries and, more broadly, societal standards of fairness and decency as an important behavioral mandate cannot be trusted to respect any other ethical values either. Occasionally one will find someone who deals in insults and personal denigration who is otherwise ethical, just as one will occasionally encounter a baby goat with two heads, but it is rare indeed. If you go through life avoiding uncivil, verbally abusive people like the plague (indeed, such people carry the plague of de-civilization) you will not miss out on very many good companions, and you will spare yourself a lot of misery as well the danger of personal corruption.

Grayson is without question the most uncivil, rudest, least professional member of Congress. I was amused to find that I had mentioned him in a post from 2010 about how many ethics scandals were predictable, given the past conduct of their principle actors. Once Tom DeLay was out of Congress, Alan Grayson was easily the most likely candidate for a scandal, because the man has no ethics alarms. In my very first post about Grayson, I wrote (in 2009),

“Grayson is the Congressman whose explanation of the GOP position on health care was that “they want you to die.” He said that Dick Cheney speaks with “blood dripping from his teeth.” His mode of debate and persuasion, in other words, is insult and hyperbole. Respect for opposing views: zilch. Civility grade: F… He has endorsed unethical rules and plays by them…”

That post was about Grayson trying to get the Justice Department to shut down a website that mocked him. Yes, he doesn’t believe in freedom of speech, either, when he is the target of insults rather than the generator of them.

All of which led me to react with a smile and a yawn when it was revealed that the disgusting congressman, now running for the U.S. Senate–Sure! Why not?—has been secretly moonlighting as a hedge fund manager. It sounds like a Saturday Night Live skit: “By day, a Wall Street-bashing, 1% hating, populist Democratic Congressman! By night, a wheeling and dealing hedge-fund manager!”

Do I need to explain why this is a slam-dunk conflict of interest with the appearance of impropriety? I don’t think so. It also smells of insider trading and using information privy to elected officials for personal gain. On the other side, he used his position as a U.S. House of Representatives member to attract clients.

From the New York Times (it’s me breaking in a couple of  times): Continue reading →

Unethical Quote Of The Week (Or “Just Because He’s A Civil Rights Icon Doesn’t Mean He Won’t Lie His Head Off”): Rep. John Lewis (D-GA)

/ Jack Marshall / 16 Comments
"When John Didn't Meet Bernie"

“When John Didn’t Meet Bernie”

“I never saw him. I never met him. I was involved in the Freedom Rides, the March on Washington, the march from Selma to Montgomery and directed the Voter Education Project for six years. But I met Hillary Clinton. I met President Clinton.”

—Rep. John Lewis (D-Ga), 76, civil rights icon, Martin Luther King ally, and Hillary Clinton supporter, challenging Bernie Sanders’ civil rights bona fides during the press conference by the Congressional Black Caucus  endorsing Clinton.

Really? He saw Hillary and Bill at those events? Now, Lewis could have seen Sanders, since Bernie was an organizer for the Student Nonviolent Coordinating Committee at the University of Chicago when Martin Luther King  and Lewis spoke there in 1963.  Hillary’s mother had young Hillary with her when she met  King  in Chicago in 1962. Hillary was 15. Maybe Lewis remembers meeting her then, but that was hardly substantive evidence of civil rights commitment. As for Bill,  we have this testimony from Lewis in Janis F. Kearney’s  Conversations: William Jefferson Clinton : from Hope to Harlem:

The first time I heard of Bill Clinton was in the early ’70s. I was living in Georgia, working for the Southern Poverty Law organization, when someone told me about this young, emerging leader in Arkansas who served as attorney general, then later became governor….I think I paid more attention to him at the 1988 Democratic Convention, when he was asked to introduce the presidential candidate and took up far more time than was allotted to him. After he became involved with the Democratic Leadership Council, I would run into him from time to time. But it was one of his aides, Rodney Slater, who actually introduced us in 1991 and asked me if I would support his presidency.

Hillary isn’t mentioned at all. I haven’t seen any evidence that she was at Selma or the March on Washington: was she? Would Lewis remember that he “saw” the then Republican teen and “Goldwater Girl” if he “saw” her?

He’s denigrating Sanders’ record and lying to do it.

We should expect better conduct from “icons.”

Ethics Observations On Beyonce’s Super Bowl 50 Halftime Performance

/ Jack Marshall / 36 Comments

beyonce-superbowl-x-cbs

On the eve of her Super Bowl 50 half time show performance, Beyoncé released  “Formation,” a video full of references to Black Lives Matter tropes and propaganda, including “Hand Up! Don’t Shoot!”  (You can view it here. The earlier version of this post had an unofficial version: I apologize for the error.) Then in her portion of the Super Bowl 50 halftime show, the pop star gave the sold-out stadium and world-wide audience a live version of the video, including  backup dancers wearing Black Panther berets who formed  an X, apparently alluding to black Muslim activist Malcolm X, and raised their fists in the “black power” salute. African-Americans activists wrote that they saw the performance as a tribute to the 50th Anniversary, not of the Super Bowl, but to the Black Panthers.

The halftime show was part of a marketing plan messaging across multiple platforms, from social media to mainstream media. Once the show was seen in the context of the more explicit video, a controversy emerged, just as Beyoncé ‘s marketing geniuses hoped it would. Former New York mayor Rudy Giuliani was among the vocal critics, calling the show “outrageous” said telling Fox News,”This is football, it’s not Hollywood, and I thought it was really outrageous that she used it as a platform to attack police officers who are the people who protect her and protect us, and keep us alive.”  Protests are planned at NFL headquarters.

What’s going on here?

1. Stipulated: Beyoncé’s sole intentions are to sell, make money, and get buzz. If she has a genuine political motive, and I doubt it, it is secondary to the good ol’ profit-making motive that has made her a mega-millionaire. She and her husband Jay-Z have been linking their brand to Black Lives Matter because they see profit in it, that’s all. Is it crass and ethically inert? Sure it is…just like the music business and the rest of show business. Is it particular disgusting, at a time of dangerous racial division in this country heightened by liars, crooks, complicit activists and cynical politicians, to try to make money by glamorizing it? Yes indeed, but the Julie Principle needs to be applied here. Fish gotta swim and birds gotta fly, and if you are paying any attention to people like Beyoncé, you can’t be shocked or overly angry at them when they show that their motives are purely non-ethical at all times. Yes, Beyoncé’s conduct was culturally irresponsible and unethical. “This is my shocked face:”

shocked face

2. That said, hijacking the Super Bowl halftime show to make a race-baiting, divisive, anti-police demonstration out of what is supposed to be a unifying, fun, family-friendly cultural event, by extolling the racist Black Lives Matter, the criminal and racist Black Panthers, and destructive lies like “Hands Up, Don’t Shoot!” is indeed outrageous. The stunt deserves every bit of criticism it has recieved and more. Continue reading →

The Final Ethics Verdict On Ted Cruz

/ Jack Marshall / 26 Comments

Check enclosed

See that official-looking envelope above? That’s from Ted Cruz’s campaign: it’s been arriving in mailboxes all over the country. See what it says in the lower right corner? “CHECK ENCLOSED.” This is to entice you to open it. But here is the “check” enclosed:

Cruz check

It’s not a check. It looks like a check, but it isn’t one, because checks can be cashed. It’s a fake check not made out to the recipient of the envelope, but to the Cruz campaign. This is a fundraising appeal, you see, but it has employed two lies: Continue reading →

Abusing Fairness And Decency To “Get” Ted Cruz

/ Jack Marshall / 30 Comments

Cruz college

I am in full sympathy with anyone who gets the creeps from Ted Cruz. The news media’s problem with Cruz, however, is also soaked with pure ideological bias. It doesn’t like his religiosity, nor his conservative fervor. If they turned one-fifth of the intensity of their anti-Cruz zeal on Hillary Clinton, maybe a few more of her more zombified followers  might finally feel some neurons firing.   (I don’t know if Trump shooting someone would dissuade his herd, but I have talked to Hillary supporters who would either refuse to believe it or claim it was set up by Republicans.)

Apparently Cruz’s kamikaze legislative tactics, mendacity and dirty tricks in his current campaign isn’t enough ammunition for those who want to derail his ambitions: now the news media is just looking for dirt, or manufacturing. Supposedly legitimate news organizations have scraped the bottom of the academic barrel to find lawyers who would argue that Cruz isn’t a natural born citizen, even though the same editors would have leapt out of their windows before seeking scholarly endorsement of Obama birther theories. Even non-political publications are doing it: Psychology Today just disgraced itself by publishing the ultimate pseudo-science junk piece from  a professor of neurology at George Washington University, Dr. Richard E. Cytowic, who explains in clinical terms why he, at least, finds Ted Cruz creepy. It is nothing but an ad hominem attack based on his opinion that Cruz is funny-looking, exactly as wrong as criticizing Obama’s ears, Hillary’s calves or Bernie’s wrinkles.

Ah, but Ted Cruz deserves this, you see, because he is conservative, Republican, genuinely rather than tactically religious—can’t have that—and one of the “Cuban guys.”

Piling on after the cheap shots taken at Cruz via Twitter by his jealous Hollywood jerk Princeton roommate, journalist Ellie Shechet decided to track down as many of Cruz’s college acquaintances as possible. allegedly to investigate a “rumor” of young Ted doing something disgusting, but really to see who would trash him. Here’s an example of her “investigative journalism”: Continue reading →

The Case Of The Snoozing Prosecutor

/ Jack Marshall / 5 Comments

cigar ash

There is a true story about Clarence Darrow putting a wire in his cigar and puffing it during an opponents closing argument to the jury. The idea was to create an absurdly long ash, so the jury would become distracted and watched to see when it would fall on his suit, when they were supposed to be paying attention to the summation. I’ve used that story in ethics seminars, asking attendees if this was unethical, and if so, was there a rule that could be used to punish a lawyer who did it.

Now comes word that the Maine Supreme Judicial Court ruled  on Tuesday that there was no prejudicial error in the trial of Buddy Robinson, who was convicted in the death of his downstairs neighbor, despite the fact that the prosecutor, then Assistant Attorney General Andrew Benson, pretended to fall asleep during his Robinson’s lawyer’s closing. Robinson had appealed the verdict because of this and other questionable conduct by the prosecutor. Benson admitted that he sometimes pretended to be asleep in trials to annoy defense attorneys. In its opinion denying the appeal, the court concluded that the trial judge did not err in denying Robinson’s motion for a new trial, given the strength of the prosecution case.

It also said that the fake sleep bit “was sophomoric, unprofessional and a poor reflection on the prosecutor’s office.”

It’s also an ethics violation, a couple of ways. Maine’s Rules… Continue reading →

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

/ Jack Marshall / 6 Comments

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading →