incompetence

Wells Fargo Ethics: The Unethical Demagoguery Of Elizabeth Warren

/ Jack Marshall / 22 Comments

warren

Senator Elizabeth Warren (D-Mass), picks her adversaries so well that she gains popularity and unearned credibility through the power of cognitive dissonance. Listen closely, however, and you will hear the ranting of a class-biased demagogue.

Joining in on the bipartisan and well-deserved roasting of Wells Fargo CEO John Stumpf before the Senate Banking Committee hearing this week, Warren accused Stumpf of profiting from the mass scam in which over 5000 bank employees signed up customers for services they hadn’t requested, without their knowledge. The bank collected fees for these accounts, cards and services, and the employees got bonuses.

He probably did profit, since the bank did more business and his stock holdings increased in value. Was he aware of the scam, or even behind it? There is no evidence of that yet. Warren also said he should resign. She’s sure right about that. He is accountable as the CEO, and he failed his duty of oversight. It is, as Warren said, typical and wrong that all the firing so far have avoided the executive suites.

But Warren seems to be oddly unaware of her double standard regarding management and leadership accountability. The standards that she was railing at Stumpf for not meeting should also apply to Barack Obama’s accountability for a corrupt IRS, a rogue NSA, a drunk Secret Service, a politically-biased Justice Department, a horrifically incompetent Office of Personnel Management, a criminally negligent VA, and, of course, a technically-challenged State Department that was operated as cash-cow for its Secretary’s personal foundation.  Elizabeth Warren’s application of standards are driven by class bias and partisanship, not conduct or principle. She has enables an administration that has avoided assigning accountability or accepting it for multiple fiascos. The most recent? From Fox News:
Continue reading →

Ethics Dunce: Libertarian Presidential Candidate Gary Johnson

/ Jack Marshall / 41 Comments
The Marx Brothers: Groucho, Zeppo, Harpo, Chico, and Aleppo

The Marx Brothers: Groucho, Zeppo, Harpo, Chico, and Aleppo

The Presidential nominee of the party whose convention featured a fat naked guy running around on stage found himself being the focus of the news this week, and not in a good way. On MSNBC’s “Morning Joe”—you know, that astute, objective news commentary show with a co-host who says Hillary Clinton is, like “awesome!”— there was this  exchange between Libertarian Party candidate, Gov. Gary Johnson and one of the show’s panelists, Mike Barnicle:

Barnicle: “What would you do if you were elected about Aleppo?”

Johnson: “About…?”

Barnicle: “Aleppo”

Johnson: “And what is Aleppo?”

Barnicle: “You’re kidding.”

Johnson: “No.”

Barnicle explained that Aleppo is a once thriving city in Syria that is ground zero for the country’s civil war. Johnson replied, “Got it,” and provided the wisdom that “With regard to Syria I do think it’s a mess.”

He elaborated, but as CNN’s Frida Ghitis wrote, ” Who cares what Johnson thinks about Syria now? He knows nothing about it. His opinion is meaningless.”

Well, not exactly meaningless. What his failure to have an informed opinion on a major foreign policy crisis like Syria means is that Gary Johnson is lazy, lacks seriousness, and is failing his duty to he party and the nation, which is to provide a realistic, responsible, genuine alternative to the candidates of the two major parties, both of whom are spectacularly unfit to serve, unfit for office, and embarrassments to the democratic process who call into serious question the long term viability of both our form of government and the nation itself.

Did I sugar-coat that too much? Continue reading →

Someone Explain To Me, Please, Why Anyone Should Trust Wells Fargo With Their Money Ever Again?

/ Jack Marshall / 26 Comments

Federal regulators announced today that  Wells Fargo employees secretly created millions of unauthorized bank and credit card accounts without their customers requesting them or being informed, knowing since 2011.  Employees even created phony PIN numbers and fake email addresses to enroll customers in online banking services, the CFPB said.The stealth accounts allowed the bank to charge millions in illicit fees,  while Wells Fargo employees boosted their sales figures and earned bonuses. Wells Fargo told CNNMoney that it had fired a staggering 5,300 employees over the last few years as they discovered the misconduct—but they didn’t tell customers what had been going on. .An investigation revealed that bank employees opened over 1.5 million unauthorized deposit accounts.

The scamster employees moved funds from customers’ legitimate accounts into newly-created ones without their knowledge or consent, regulators say. Then the victims were  charged for insufficient funds or overdraft fees when  there wasn’t enough money in their original accounts. Wells Fargo hustlers also submitted applications for 565,443 credit card accounts without their customers’ consent.

In response, the feds have hit Wells Fargo with the largest penalty since the Consumer Financial Protection Bureau began was founded in 201, ironically right around the timeWells Fargo started cheating its customer.. The bank agreed to pay $185 million in fines, along with $5 million to refund customers.

I don’t care how much the bank pays, or even if I get some of it (The Marshalls banked there, but as soon as I get home, that’s going to end.) I don’t care of I have to keep the nest egg in an old sock. I’m not trusting these people. The managers are inept or corrupt, and the lower employees are poorly trained and supervised, as well as crooks. This is a bank. The management has high fiduciary duties. It breached all of them. Continue reading →

Now THIS Is Incompetence!

/ Jack Marshall / 10 Comments

oops

Film studio Warner Brothers hired Vobile, a company that tracks down illegally-streamed copyrighted material online and files hundreds of thousands of takedown demands every month, to find which sites were stealing WB’s property and to handle the miscreants.

Vobile, on behalf of its client, asked Google to ban many websites from search results, because they violated copyright laws by containing Warner films and videos. Among the sites targeted:  legitimate movie streaming websites run by Amazon, Sky Cinema, the film database IMDB….and Warner’s own websites.  For example, Google was asked to remove links to the official websites for Warner films like  “Batman: The Dark Knight” and “The Matrix.”

Nice job, Vobile!

Warner Brothers has yet to comment, although I would guess its comment would be along the lines of “#!%@*&!”

This is what comes of letting robots do human jobs, while charging fees as if humans were doing them. To be fair to Vobile, one sure way to stop illicit streaming is to block all streaming, just to be safe.

____________________
Pointer: Fred

 

Unethical Quote Of The Week: Matthew Dowd, ABC Political Analyst On “This Week”

/ Jack Marshall / 19 Comments

Ginger Rogers + Swing Time

“[Hillary] is judged — she is judged a little bit, I have to say, all of the controversy surrounding her and they’re both — Donald Trump and her, she’s judged a little bit on a Ginger Rogers standard, which is, is that the bar is so low for him. I mean, Ginger Rogers, the famous like she did everything Fred Astaire did but backwards and in heels.”

–—Matthew Dowd, ABC News political analyst, during today’s “roundtable” discussion on ABC’s “This Week” regarding the various scandals and controversies keeping Hillary Clinton’s poll numbers within striking distance of Donald Trump.

1. See, what did I tell you? It’s starting already. As with Obama, the news media, taking the lead from Democrats and feminists, will shamelessly use accusations of bias to argue away any and all legitimate criticism of Hillary Clinton as a manifestation of sexism. Boy, am I sick of that; everyone should be. It is a cheap, destructive tactic, designed to suppress opposition. And to have the gall to do this in the wake of the FBI notes showing a Presidential candidate either lying her head off or confessing utter incompetence, ignorance and stupidity…how insulting to viewers. Continue reading →

The Word For The Notes On Hillary Clinton’s FBI Interview—And Everything Related To It—Is “Pathetic”

/ Jack Marshall / 21 Comments

Hillaryshrug

Pathetic, adj.: arousing pity, especially through vulnerability or sadness.
Synonyms: pitiful, pitiable, piteous, moving, touching, poignant, plaintive, distressing, upsetting, heartbreaking, heart-rending, harrowing, wretched, forlorn

This is the word that constantly came to mind and heart as I explored the FBI’s notes (you can too, here) regarding Hillary Clinton’s decisive—at least in terms of saving her from prosecution—interview with the FBI. Everything about them arouses pity–for her, for us, for the nation. Let us count the ways.

1. Over at MSNBC, “Meet the Press” host Chuck Todd, a fully committed operative of the Democratic Party, like most of his colleagues, and like them committed through his partisan bias to saving America from Donald Trump, was overcome with an attack of objectivity.  “It bothers me as an American citizen,” he said,  that the FBI didn’t record Hillary’s interview, and left Americans to ponder merely notes taken by one agent as the public tries to assess who it may be electing President in November. “Are you kidding me?!” Todd cried. “We’re releasing notes?!”

We’re releasing notes. It’s pitiable to see one of many prominent journalists who have tried so, so hard for eight years to paper over, minimize and otherwise shrug off the constant, near complete incompetence of the Obama Administration and every agency under it to be suddenly stung by the realization that this has consequences—for trust, for truth, for belief that the government isn’t actively engaged in suppressing it. Pathetic.

2. Some of you will recall that I was collecting the various partisan reactions to  FBI director James Comey’s statement announcing that the FBI would not be recommending Clinton’s indictment to ultimately gauge which party’s reaction was more ridiculous, irresponsible, dishonest and foolish. Democrats were claiming that Comey’s report, despite showing that Clinton had lied outright about her use of the private e-mails server, and that her recklessness had endangered U.S. intelligence, exonerated Hillary. Republicans were claiming that Comey’s statement and the decision not to prosecute was indefensible. I was waiting to learn what Hillary had said in her interview, as I assumed that it would have to be released before the election. To reveal a closely guarded Ethics Alarms secret, I was prepared to declare Republicans the “winner” of the competition, as obviously idiotic as it is to say that a report declaring Clinton incompetent and dishonest could possibly “exonerate” her. Reading the notes, however, and considering the fact that the F.B.I. only has these notes to show us, I am back to, as Bobby Fisher would say, square one. Which is pathetic.

3.  Why? Well, we have just learned that  Clinton had her server “wiped”  after the New York Times, on March 3, 2015, broke the story of the server system’s existence. At the same time, she and her surrogates were telling the news media and us, “I want the public to see my email,” even as she directed her henchmen to destroy it. The FBI knew this, yet still found Clinton’s actions just negligent, and not criminal. Five months later–back in those halcyon days when she actually held press conferences— she feigned ignorance when Fox News’s Ed Henry asked, “Did you wipe the server?” saying, “Like with a cloth or something?” Now we know, vie the FBI notes , that she had the server emptied using a sophisticated software program, BleachBit, that is designed to make purged e-mails virtually unrecoverable, and indeed several thousand of hers were successfully destroyed. Clinton got away with this, her supporters don’t think it matters, and the FBI apparently minimized these efforts to obstruct justice. Pathetic.
Continue reading →

Incompetent Elected Official Of The Month: Maine Gov. Paul LePage (R)

/ Jack Marshall / 38 Comments

lePage

Those who want a glimpse into what a Donald Trump presidency would be like need look no farther than the perpetual self-created mess that is the tenure of Republican Paul LePage as governer of Maine. The New York Times recently provided a handy summary of his more recent embarrassments and attacks of absurd incivility and unprofessional behavior:

2016

April

Mr. LePage apologized after storming offstage and calling protesting students “idiots” during a public appearance.

March

Mr. LePage displayed “Wanted”-style posters aimed at environmentalist and union groups during a town meeting, saying those groups were holding the state back.

February

Mr. LePage said asylum-seekers brought disease and the “ziki-fly.” When asked to apologize at an event in June, Mr. LePage did not, and said conditions like hepatitis C and H.I.V. were on the rise in Maine. Mr. LePage also drew criticism that month for appearing to mock a Chinese businessman’s name.

That month, Mr. LePage also delivered his State of the State address in the form of a letter, breaking the tradition of giving a speech to lawmakers. He said it would be “silliness” to address lawmakers who had tried to impeach him.

January

Mr. LePage apologized for a “slip-up” after saying drug-dealers would come from out of state and “impregnate a young white girl” before leaving. The drug dealers, he said, in a comment that was widely perceived as racially charged, “are guys with the name D-Money, Smoothie, Shifty — these types of guys.”

2015

July

Mr. LePage apologized to the son of a cartoonist for The Bangor Daily News because he had told the son he would “like to shoot” his father. That comment drew criticism, with some noting its added insensitivity given the attack at the Charlie Hebdo newspaper in Paris earlier that year, although the son said he was not offended.

June

A charter school in Maine said Mr. LePage had threatened to take away its funding if it did not rescind a job offer to the House speaker, Mark Eves, a Democrat.

“The full power of the state was used to put a father of three out of a job because he was a lawmaker who disagrees with the governor on policy,” the editorial board of The Press Herald wrote.

Some Democrats called for impeachment, but an effort to investigate Mr. LePage — which would have been a precursor to impeachment in January 2016 — did not muster enough support for a vote.

May

Mr. LePage vowed to veto all Democratic-sponsored bills until the party accepted his effort to eliminate the state’s income tax. The question of whether Mr. LePage had vetoed 65 bills within the proper time frame ended up in the State Supreme Court, which found that the bills could stand as law.

2013

August

Two lawmakers, who remained anonymous, said they had heard Mr. LePage say at a fund-raiser that President Obama “hates white people.”

June Mr. LePage made a graphically lewd statement about Troy Jackson, a Democrat who was the assistant Senate majority leader at the time. He added that Mr. Jackson was a “bad person” with “no brains” and a “black heart.”

2012

July

Mr. LePage compared the Internal Revenue Service to the Gestapo in a radio address. Asked about the comment in a follow-up interview several days later, he said: “What I am trying to say is the Holocaust was a horrific crime against humanity and, frankly, I would never want to see that repeated. Maybe the I.R.S. is not quite as bad — yet.”

2011

January

Mr. LePage said leaders from the N.A.A.C.P. who had questioned his decision not to attend Martin Luther King’s Birthday events could “kiss my butt.”

2010

September

During his campaign for governor, Mr. LePage told a group of fishermen that he would tell Mr. Obama to “go to hell.”

People like LePage and Trump don’t improve over time, because they don’t learn. If they did, they would not still behave like this at such advanced ages. Thus Governor LePage recently shattered his own record for outrageous conduct, whatever it was, beginning last week.  LePage told a town hall meeting addressing the current heroin-use epidemic in Maine that most drug dealers in the state were black or Hispanic, and that he had a binder to prove it. Continue reading →

Stupid Cops Matter

/ Jack Marshall / 72 Comments
Perfect match.

Perfect match.

In a case where Hanlon’s Razor (“Never assume malice is the explanation if stupidity will suffice”) applies but one can’t really blame a mother for thinking otherwise, police in Newark  inexplicably mistook an innocent pre-teen black boy for an adult robbery suspect and chased him through a Newark neighborhood with guns drawn. This is stupidity, not racism. Well, who knows: there could be racism mixed in there too, but what jumps out is the jaw-dropping incompetence.

Legend Preston, just ten years old, was fetching a basketball that had rolled into the street when he looked up and saw armed cops running towards him as if they meant business. So he ran.

“I was scared for my life,” Legend told reporters. “I was thinking that they were going to shoot me.” Good thinking, kid. If these cope were inept enough to get a ten-year-old  confused with Casey Joseph Robinson, a 20-year-old, dreadlocks-sporting perp with facial hair (he was arrested in the next block), who knows what they might do?

Legend was quickly surrounded by neighbors  who emphatically pointed out to the police that they were chasing a child, as the officers stammered that he “fit the description” of the criminal. Well, sort of. Okay, okay, now that we’re up close, we see that he’s under five feet tall, dressed like a kid, doesn’t have dreadlocks or facial hair, and looks nothing like the guy, except that he’s black, which means we also could also mistake him for Bill Cosby, Jesse Jackson, Morgan Freeman, or LeBron James. Continue reading →

Wow: A Whole Unethical TOWN!

/ Jack Marshall / 22 Comments

Upsidedownflag1

In Somers, Iowa, Homer Martz  flew his  U.S. flag upside down  to protest the future placement of an oil pipeline near his home.  He has been charged with desecrating Old Glory under Iowa code 718A , which makes it a misdemeanor punishable by up to 30 days in jail  to “publicly mutilate, deface, defile or defy, trample upon, cast contempt upon, satirize, deride or burlesque, either by words or act, such flag, standard, color, ensign, shield, or other insignia of the United States, or flag, ensign, great seal, or other insignia of this state…”

The law, however, is unconstitutional. So said an  Iowa Federal District Court judge in 2004, when he ruled Iowa’s flag desecration laws violated the First Amendment. Martz, a U.S. Army veteran, has told anyone who will listen that the Supreme Court has ruled citizens can burn the American flag, so presumably flying it Bizarro World-style is also okay. He’s right, too. In 1989, the Supreme Court ruled in Texas v. Johnson, 491 U.S. 397 (1989), that prohibitions on desecrating the American flag were unconstitutional.. It reaffirmed the holding in  1990.

Writes an exasperated Jonathan Turley, a Constitutional law expert,  “The town of Somers appears to lack a single lawyer — or a telephone number for a single lawyer — to explain free speech protections to them.”

Is it too much to expect a municipality to absorb a First Amendment right that was settled almost a quarter century ago, and not persecute a veteran for exercising the rights he served to protect and preserve?

Apparently. They could google flag burning and learn that this law is void. Such incompetence in government, at any level, is unconscionable.

Unethical Headline Of The Month: The Daily Caller

/ Jack Marshall / 4 Comments

Dewey Truman

You can hardly publish a more inaccurate. misleading and dumb headline than this one, appearing on the right-wing news and opinion site, over a report by Kevin Daily about the American Bar Association passing a new addition to its Rule 8.4, the ethics rule that defines ethical misconduct, as follows:

It is professional misconduct for a lawyer to: . . . (g) knowingly harass or discriminate against persons, on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status, while engaged [in conduct related to] [in] the practice of law.

Now here is the headline:

Lawyer Lobby Will Now Disbar You For Making An Off Color Remark

And here is how unconscionably misleading and absurd it is:

“Lawyer Lobby”: The American Bar Association is a lawyer’s professional association, and sure, it does some lobbying. However, lobbying is a small, small proportion of its activities. [ Full disclosure: I usually do a couple of ethics seminars for the ABA every year.] Calling it  a lobby suggest that the ABA is primarily political, which it is not. The ABA publishes books, holds educational events, provides indispensable legal assistance to all branches of the profession, facilitates networking, issues critical legal ethics opinions, and many other useful and important services for lawyers.  One reason the ABA doesn’t lobby much is because it represents all kinds of lawyers, and being lawyers, they don’t agree on many issues.Prosecutors, judges and criminal defense attorneys have very different perspectives; so do plaintiffs lawyers and corporate attorneys. “Lawyer Lobby” is an inept and misleading description of the ABA.

“Will Now”: No. Not even close. The proper wording would be “NEVER has, can or will.” The ABA isn’t a bar, and can’t disbar anyone. Any lawyer can belong to the ABA, but the ABA doesn’t have any say in who practices law. The Robert DeNiro “Cape Fear” had an embarrassing line where a lawyer played by Gregory Peck, who should have known better, talks about making an ethics complaint to the ABA to get Nick Nolte’s character “disbarred.” Embarrassing. This part of the headline affirmatively makes Daily Caller readers stupid. Continue reading →