incompetence

Morning Ethics Warm-Up: 8/6/17 [UPDATED]

/ Jack Marshall / 51 Comments

 

CORRECTION: somehow, and I have no idea why, this somehow was posted with “Comment of the Day” in the headline. And because today has been marred by illness and unexpected events, I didn’t see the mistake until 7:43 PM. I’m sorry for the confusion. I need a vacation.

1. Continuing my informal survey of the Trump Hate obsession at the New York Times,  the trend I noticed last week in the flagship for “the resistance” on the Times staff, the Sunday Times Review section, continued dramatically. Is this evidence that Times readers are finally getting sick of the paper’s unethical obsession? Time will tell. There was just one Trump Hate piece in the ten page section, out of 16 separate essays and op-eds. (A professor of anti-American studies has an essay that attacks all Trump voters and supporters as racists. Should this count? Nah. If you’re not a Democrat, you’re a racist, that’s all. It isn’t about Trump.) Oh, one of the editorials was questioning the Trump policy approach, but that’s within the normal range of newspaper editorials. The one hate essay was borderline, Maureen Dowd being snarky about the Russia investigation. She’s more of a humor writer than a true pundit, inclined to go where the most laughs lie, and her last paragraph was so, so dumb that it effectively discredited anything else she wrote, or will write, really. Dowd wrote,

“On Thursday, the president pout-tweeted that it was Congress’s fault that “our relationship with Russia is at an all-time & very dangerous low.” So he was blaming lawmakers who punished Russia for a cyberattack on our election rather than blaming Russia for sticking a saber in the heart of our democracy.”

Right, Maureen: Russia letting the American public know that the Democratic Party rigged its nomination, that Barack Obama knew about Hillary Clinton’s breaching her own department’s cyber-security requirements, that the Democratic Party’s candidate was running illegal pay-to-play shakedowns of foreign governments to fill the Clinton Foundation coffers (and her husband pockets), that reporters were colluding with her campaign to make certain she was elected, and that the DNC chair used her CNN position to help Hillary cheat in a debate stuck a saber in our democracy. In other words, Russia stuck a saber in our democracy by uncovering genuine evidence that the Democratic Party and Hillary Clinton had stuck multiple sabers in our democracy. I have actually described the “Russian interference” almost exactly this way to die-hard Hillary-ites, and they see nothing amiss with that analysis.

Or was Maureen just making another joke?

2. Some NFL players are now speaking up, protesting that free agent quarterback Colin Kaepernick is being “blackballed” by NFL owners because of his ridiculous anti-National Anthem stunt last season while playing for San Francisco. “Blackballed” implies something unethical and subterranean. We all know why Kaepernick hasn’t been hired: a) he’s not very good and b) he can’t be trusted not to embarrass his team and annoy fans by creating racially divisive (and incoherent) political theater on the field.

Does this “chill” his political speech? All of our political speech is “chilled” to the extent that when we speak out about controversial matters while representing our employers, we risk losing out jobs.  If the NFL put pressure on the teams not to hire this jerk, that would  raise ethical and legal issues, but why would they have to? He was a disruptive employee who wasn’t good enough to get the unethical benefits of the King’s Pass. No team in its right mind would pay millions to Kaepernick. Indeed, teams have an obligation not to. Their job is to win games, make money, and entertain fans. Keapernick undermines all three objectives. Continue reading →

The Unabomber Had A Point. [UPDATED]

/ Jack Marshall / 37 Comments

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading →

Unethical Quote Of The Month: President Donald J. Trump

/ Jack Marshall / 32 Comments

“And when you see these towns and when you see these thugs being thrown into the back of a paddy wagon—you just see them thrown in, rough—I said, please don’t be too nice. Like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody—don’t hit their head. I said, you can take the hand away, okay?”

—The President of the United States of America, land of the free, home of the brave, and where no citizen is presumed guilty and is protected by the Bill of Rights, in a speech to Long Island law enforcement officials.

Ugh. What an idiot. Here we are in a societal racial schism with alleged police brutality at its core, and President Trump decides it’s the perfect time to publicly endorse beating up suspects on their way to jail.

Naturally, being professionals and having functioning ethics alarms, the International Association of Chiefs of Police as well as various police departments and chiefs released statements stressing the need for police to treat all people with respect.  Darrel Stephens, the executive director of the Major Cities Chiefs Association, said that the President’s words were harmful to police departments that are trying to rebuild trust.  He also added that the laughter and applause of those officers in attendance ” reinforces that there’s sort of a wink and a nod about these things, when that’s simply not the case,.”

Blue Lives Matter then tweeted that “Trump didn’t tell police to go out and brutalize people as the media would have you believe. It was a joke.”

Of course it was a joke—an irresponsible, reckless, inappropriate, harmful, stupid, stupid, stupid joke. That’s a rationalization, not an excuse.

I wonder if the new Chief of Staff could talk the Secret Service into allowing him to post an Amazonian blow-gun sniper with a tranquilizer dart at all Presidential speeches, with instructions to puff hard any time the President starts to go off script?

Probably not…

__________________________

Source: ABA Journal

Bad Ethics Chess: The Insufficiently Diverse High School “Sound of Music”

/ Jack Marshall / 33 Comments

The real mystery here is how the school administrators and teachers could not have seen this coming. Thus the ethical value at issue is, as it often seems to be with public education, competence, or rather the lack of it.

In April of 2016, Marshfield High (in Wisconsin) presented its annual musical.  The production involved a cast of 40 students with 30 more in the crew and orchestra. Students from two elementary schools were in the cast. The show? Rogers and Hammerstein’s “The Sound of Music,” based on the story of the Von Trapp singers and their escape from Austria when the Nazis took over.

In March 2016, a complaint was received from a parent alleging that  the musical’s casting violated the district’s non-discrimination policy.  The parent asked why the cast did not “represent the demographics of the school district” and why a deliberate effort was not made “to ensure diversity in the cast.” The parent further said that even if the organizers of the play did not intend to discriminate, they did so “in the most overt and egregious manner.” For more than a year, district officials tried to keep the complaint and the resulting investigation out of the news. Now the investigation is out, and it found that indeed the casting did violate the policy.

I didn’t have to read the whole article, or much of it at all, to guess what happened. All I needed to know was that a high school with a diverse student body had chosen “The Sound of Music” as its annual musical. Everyone has seen the movie, and knows that it is about the cutest Austrian family on Earth stocked with a group of brothers and sisters whose ascending ages and heights constitute the most vivid visual image of the play.  High schools seldom produce this musical, for exactly these reasons. A theater department barging ahead with this Rodger and Hammerstein classic will be instantly risk appearing to exclude anyone who isn’t so white that their brilliant gleam will blind the audience (and African-American Nazis are even more jarring than  Hispanic-American and Asian Austrians), or it must commit to the most show-undermining non-traditional casting imaginable. There isn’t even a true choice: if you produce this show in a public school, you have to be ready to cast a black Maria, brown Nazis, Asian Austrian nuns and a brood of Von Trapps that suggests that the Captain was rather naughty in his travels, if admirably open to amorous affections regardless of race, color or creed. Continue reading →

Ethics Observations On The Scaramucci Attack Interview Aftermath

/ Jack Marshall / 32 Comments

1. We are told that President Trump was thrilled with Anthony Scaramucci’s vile, obscene, threatening, vainglorious interview attacking his own colleagues and making Samuel L. Jackson’s movie rhetoric sound relatively refined. Incredible. An individual who represents the White House expresses himself in a published interview like a preening teenage gang member, breaches all existing standards of management and professionalism, throws red meat to the stalking news media writing the narrative that the President’s office is a den of narcissists, assassins, jerks and nut-jobs, and the President is applauding.

This is a level of irresponsible leadership not just unprecedented in U.S. history, but seldom equaled in the history of national leadership world wide. Incompetent and irresponsible don’t begin to describe it.

2. We are also told that the President was disgusted with Reince Priebus’s failure to “return fire” at the White House’s thuggish communications director. Wait, what? What kind of leader wants his staff to have public pissing matches? That’s a rhetorical question; the answer is obvious: a bad leader.

Yes, Priebus is a weenie: Ethics Alarms marked him so in 2015. Trump knows he is a weenie: if Priebus hadn’t been a weenie, he would have stopped Trump from getting the Republican nomination. He sold out instead.

Priebus is  a professional however, who knows, as Scaramucci and Trump do not, that a warring staff at the highest levels of government makes the public nervous and that government look like a Three Stooges short. As I wrote in the post about the Mooch’s outburst, Priebus and Steve Bannon should have presented their letters of resignation unless Scaramucci was disciplined. If Priebus was a weenie, so was Bannon. “Returning fire,” however, would have been disruptive and destructive. The President is angry with Priebus for  for being prudent, exercising restraint, being responsible, and being professional—in short, for conducting himself ethically. Continue reading →

A White House Of Assholes?* This Post Has Everything: An Ethics Dunce, An Unethical Quote Of The Month, An Incompetent Elected Official And, Of Course, KABOOM!

/ Jack Marshall / 104 Comments

I wouldn’t have thought that a Trump Administration employee’s unethical conduct could make my head explode. I thought I was safe. After all, my hopes may be too high, but my expectations are so low. But there are my brains, dripping off the ceiling.

President Trump has a ludicrous burning crisis of chaotic management, undisciplined leadership, incompetent subordinates and mass competition for the National Foot-Shooting Championship. I suggested that months ago that this could only be addressed by the President appointing an experienced political professional with proven management skills and leadership ability to whip the White House into shape. President Trump had a better solution to the burning crisis: throw the human gasoline named Anthony Scaramucci  on it!

Brilliant!

What an idiot.

Yes, the Incompetent Elected Official of this post is President Donald J. Trump.

But the rest is all Scaramucci, the new White House Communications Director with no experience or acumen in the field of communications and public relations. This was immediately evident from his first substantial communication with the news media,  a vulgar, unprofessioal, undignified, embrrassing and vicious phone interview with the New Yorker’s Ryan Lizza unlike any interview by any White House figure ever.

Highlights, or rather points of signature significance, each showing that a) the man is an arrogant asshole and 2) President Trump possesses no judgment in his choices of staff whatsoever. Negative judgment.

1. He said, “I’m not [Trump advisor] Steve Bannon, I’m not trying to suck my own cock … I’m not trying to build my own brand off the fucking strength of the President. I’m here to serve the country.”

2. After Lizza asked Scaramucci about a private dinner that he had with President Trump,  Scaramucci boasted: “I fired one guy the other day. I have three to four people I’ll fire tomorrow. I’ll get to the person who leaked that to you. Reince Priebus—if you want to leak something—he’ll be asked to resign very shortly.” Continue reading →

Morning Ethics Warm-Up: 7/27/17

/ Jack Marshall / 19 Comments

Good Morning!

1. Explain to me, Oh Ye Defenders of the Biased and Incompetent Media, why it’s unfair to call this “fake news.”

A Facebook friend whose entire output of late is posting links to anti-Trump screeds posted this one, which appeared on the feed as “Donald Trump’s behavior is abnormal”—ah, I see the “resistance” is transitioning again to the 25th Amendment approach to overturning the election, because the news on the impeachment front isn’t good–with a cut-line that referenced him “calling immigrants ‘animals'” at yesterday’s rally in Ohio.

No, Trump didn’t refer to immigrants as animals. Unlike most of those in my friend’s left-wing, Trump-hating echo chamber (she’s an artist and arts organization executive), I checked the speech. Indeed, it’s an ugly, undignified, over-heated, un-presidential mess that makes Trump’s Boy Scout speech look like Lincoln’s Second Inaugural Address. BUT HE DID NOT SAY THAT IMMIGRANTS WERE ANIMALS! He did say this;

“One by one we are finding the illegal gang members, drug dealers, thieves, robbers, criminals and killers. And we are sending them the hell back home where they came from. And once they are gone, we will never let them back in. Believe me. The predators and criminal aliens who poison our communities with drugs and prey on innocent young people, these beautiful, beautiful,innocent young people will, will find no safe haven anywhere in our country. And you’ve seen the stories about some of these animals. They don’t want to use guns, because it’s too fast and it’s not painful enough. So they’ll take a young, beautiful girl, 16, 15, and others and they slice them and dice them with a knife because they want them to go through excruciating pain before they die. And these are the animals that we’ve been protecting for so long. Well, they’re not being protected any longer,folks.”

Now, I don’t like that rhetoric. It is typical of  President Trump, but inexcusable in a public appearance. However, as muddled and incoherent as he often is, this section could not be clearer: he is calling violent and criminal ILLEGAL ALIENS animals, meaning that they lack respect for human life, are uncivilized, and dangerous. I hate that terminology, but violent illegal immigrants are not the same as illegal immigrants generally, and illegal immigrants are not the same as legal immigrants, aka, immigrants.

The column in question does quote the passage from the speech I just did, so the Chicago Tribune’s summary isn’t even accurate about the article it describes, though the pundit still writes,

“The intent of the tale that Trump told his rabid fans in Ohio was simple: foment hatred for immigrants. You present the innocent characters who are part of the “us,” and you have them ravaged and destroyed by the murderous “them.” You call them animals, something peddlers of hate have done for ages.”

False, and unquestionably false. An editor on a fair and ethical paper wouldn’t permit this to get into print. Trump’s intent is to demonstrate how dangerous and irresponsible it is to allow illegal immigrants to cross our borders confident that they can stay here. He’s not fomenting hate for violent criminals: who needs assistance hating violent criminals, whether they are illegal immigrants or not? He was, in a particularly inflammatory way, pointing out how irresponsible it is to allow illegal immigrants easy access to our streets, especially since some of them—the “animals”— are dangerous. That’s clear as a bell, and intentionally misrepresented by the Tribune, the columnist and my friend to foment more hatred for the President of the United States.

THAT’S perfectly all right, though.

2 I point out this blatant misrepresentation to my friend, who responds, “Argue with your friends on your own page; I have no intention of arguing with you on mine.” Oh, no you don’t. You post your virtue-signaling fake news as a substitute for making your own argument—appealing to authority, and the authority, Rex Huppke, is a partisan hack by the evidence of his column—making your little echo-chamber erupt in “likes” and seal flipper applause. Then this lazy excuse for an argument  it shows up in my Facebook feed, polluting it, and I’m not permitted to point out that the linked story is dishonest, misleading crap?

This is the epitome my dad’s favorite rejoinder to such people: “My mind’s made up, don’t confuse me with facts.” Then she went off on the President’s “using lies to obscure the truth”—you know, like the column she posted just did. Yet she could write this with no sense of the irony and hypocrisy at all. This is smart woman, and The Anti-Trump Hate Virus has her IQ points and integrity dripping out of her ears.

I don’t aspire to being the Facebook police, but if you just want echo-chamber cheers for dishonest and biased assertions, keep them off of my Facebook feed.

You are warned.

3.  The criticism of John McCain’s plea for a return to comity, compromise and bi-partisanship in Congress  was met with embarrassing criticism from the Right, some of it appearing on Ethics Alarms, authored  by people who should know better. Criticizing that speech is criticizing ethical government and a functioning democracy, and embracing  the “Everybody Does It,” “They are just as bad,” “They started it,” “They have it coming,” “It can’t get any worse,” “It’s for a good cause,” “These are not ordinary times,” “Ethics is a luxury we can’t afford right now” rationalizations for wrongful conduct rather than agreeing that it’s time to start reforming the culture to reward responsible and professional conduct. This is, in short, adopting the state of war mentality promoted by the Ace of Spades in this revolting post, which I have condemned more than once. Continue reading →

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

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 →

Now THIS Is An Untrustworthy Legislative Staffer…And Incidentally, We’re Doomed

/ Jack Marshall / 24 Comments

In March of 2016,  Stacey Plaskett, the delegate to the United States House of Representatives from the United States Virgin Islands’s at-large congressional district. entrusted her iPhone and its password to staffer Juan McCullum, who copied nude images and videos of legislator after offering to take the phone to an Apple store for repairs.

After he left Plaskett’s office, McCullum created a Hotmail account and “sent at least eleven e-mail messages to multiple persons, including politicians, members of the media, and other persons known to [Plaskett].” The e-mails contained “one or more of the nude images and videos,” according to this week’s indictment against McCollum. He also created a Facebook account, uploaded the visual content, and then Facebook-friended people in Plaskett’s district to spread the nude images far and wide.

A few questions: Continue reading →