incompetence

Jumbo Alert, As An Integrity And Corruption Check For Pundits, Journalists, And All Your Hillary Clinton-Defending Friends Looms

/ Jack Marshall / 57 Comments

Jumbo film

The real test of when someone will lie to your face is when they will insist that their former, perhaps bias-supported but still sincerely-held position is still valid after all justifications for it have vanished. This is Jumbo territory, the point where Jimmy Durante, giant elephant in tow, shrugged to the accusing sheriff in front of him and said, “Elephant? What elephant?” That, however, was a joke. This is tragic.

Many of us knew we would reach this point long ago, of course. As many, including me, have documented since the New York Times first broke the story of how Hillary Clinton had defied policy, best practices, competent national security management, technology common sense and perhaps the law by receiving and sending her official State Department e-mail on a home-brewed server. First she said there was nothing improper about doing this, then she said she had received no classified information, then she said she had received no material marked classified. She trotted out rationalizations: “everybody did it,” “other Secretaries of State did it,” “don’t sweat the small stuff,” ultimately adding a rationalization to the list, “It wasn’t the best choice.”

Those of us who have followed the pattern of Clinton scandals over the years knew that her camp was running out of smoke when it defaulted to the old “vast right wing conspiracy” diversion that worked so well—for a while—during the Monica Mess. The facts have been pretty clear for a while now, to anyone with the honesty and fairness to acknowledge them. Hillary Clinton, for her own convenience (as she has said) and to keep her communications out of the view of Congress, the public, political adversaries and law enforcement as she mixed personal business, politics and influence peddling with her official duties, willfully endangered US security and even the lives of intelligence personnel by handling official communications in an insecure manner.

The FBI has been investigating all of this—not her, her campaign keeps reminding us, just the e-mails!—and the State Department, which has been acting as a partisan ally when it’s duty is to the American people, finally was forced by a judge to review and turn over the e-mails involved, other than the ones Clinton had destroyed by her lawyer (nothing suspicious or irregular about that). With each new batch revealed, more e-mails that contained classified information have been found. Former Defense Secretary and CIA director William Gates said this week that Russia, China and Iran, among other foreign nations, probably hacked Clinton’s e-mails, “given the fact that the Pentagon acknowledges that they get attacked about 100,000 times a day.” Meanwhile, State has identified over 1,200 emails that it deems classified were sent over Hillary’s private server, making her first denials ridiculous, and her ultimate denials an admission of gross negligence and stupidity, even if they were true. The Secretary of State didn’t discern that any of 1200 e-mails contained information requiring care and confidentiality? This is the “I’m not corrupt, I’m stupid” defense, which is one no Presidential candidate ought to be allowed to get away with, especially one being extolled by the current President for her alleged competence and experience.

Now the walls, and the facts, are closing in. Yesterday, the Obama administration confirmed for the first time that Hillary Clinton’s home server contained closely guarded government secrets, and announced that 22 emails that containing material requiring one of the highest levels of classification were so sensitive that they could not be released.  Is that clear? These are communications that were on an insecure server, vulnerable to hacking, that Clinton saw, and either didn’t recognize as such—she’s not that stupid—or didn’t care enough to start being responsible. With such e-mails, it doesn’t matter if they are marked: they are self-marking: big, loud, throbbing documents that any Secretary of State, even Secretary Gump, must know are classified because of their content.

The State Department revelation came three days before  the Iowa presidential caucuses, and, incredibly, the Clinton campaign complained about the timing! Yes, it is certainly outrageous to let voters know about the duplicity and incompetence of a candidate for President before they vote for her. This is how Clinton thinks. If that doesn’t bother you, get help.

Federal law makes it a felony for any government employee to mishandle classified information, and here comes the integrity check. With this new information, Clinton has no defense. By definition, allowing top secret information to be received and perhaps forwarded on an insecure, private server is mishandling, and illegal.  Clinton’s campaign, of course, is lying and spinning: the current tactic is to dismiss this as an inter-agency dispute over what is classified. (The Clinton-enabling Vox made bolstering this deflection the centerpiece of its “explainer”) However, when the current State Department is so sure of 22 e-mails’ top secret character that it feels it must withhold them from the public and the media, it is obvious that this was no close call, especially since State has been covering and spinning for Hillary to a disgraceful degree already.

So the facts speak: Yes, she lied. Yes, she endangered U.S. security. Yes, she willfully exposed classified documents to hacking by our enemies. Yes, she did this for her own personal and political benefit.

Yes, she broke the law, and this law ain’t jaywalking. Continue reading →

Whatever The Huffington Post Thinks It’s Doing, It Isn’t Ethical

/ Jack Marshall / 13 Comments

n-DONALD-TRUMP-HANNIBAL-LECTER-PHOTOSHOP-large570

I no longer check the Huffington Post for stories, and this latest example of its unprofessional and unethical culture is a perfect example why.

Having earlier beclowned itself by unilaterally deciding that Donald Trump did not warrant serious coverage as presidential candidate despite the fact —nauseating though it is—that he is a serious candidate and is having a massive and undeniable effect on the race, the news and opinion website now has decreed that every future story about The Donald will henceforth have appended to it the following legend:

“Note to our readers: Donald Trump is a serial liar, rampant xenophobe, racist, birther and bully who has repeatedly pledged to ban all Muslims — 1.6 billion members of an entire religion — from entering the U.S.”

My post about the ethics vacuum displayed by the previous anti-Trump policy (which Huffpo eventually had to retract) applies with equal force to this one:

“The Huffington Post has just given us one of the worst examples of the modern news media’s abandonment of professionalism and ethics for partisan favoritism, but a refreshingly open one. Usually the biased news media doesn’t announce its unethical manipulation of what we get to hear and see.”

I must conclude that even that tongue in cheek faint praise was excessively gentle. The only way Arianna Huffington could think this well-poisoning label is anything but outrageous is if she couldn’t pick a journalism ethics code out of a line-up of baseball cards and movie posters. Since the Huffington Post, by doing this, has intentionally or not proclaimed to the world that it rejects the minimal levels of restraint, fairness, objectivity and professionalism  that necessarily accompany the description “responsible and trustworthy news media,” what is it? Indeed, what the hell is it? Continue reading →

It’s Just One Small Episode In The Vast Accountability, Integrity And Competence Void That Is The Federal Government, But It May Answer Many Questions…

/ Jack Marshall / 14 Comments
Kimberly Graves appealing her VA demotion, not because she denies gaming the system and sucking up taxpayer money, but because she feels she should get away with it.

Kimberly Graves, appealing her VA demotion, not because she denies gaming the system and sucking up taxpayer money, but because she feels she should get away with it.

As essential background, please read this excerpt from the Veterans Administration’s inspector general’s report regarding “Inappropriate Use of Position and Misuse of Relocation Program and Incentives,” from last fall:

As part of our assessment of VA’s relocation expense program (PCS program), we reviewed records related to the Veterans Benefits Administration’s (VBA) reassignment of 7 General Schedule (GS) Grade 15 employees who were promoted to Senior Executive Service (SES) positions and 15 SES employees who moved to different SES positions in fiscal years (FYs) 2013, 2014, and 2015. VBA management used moves of senior executives as a method to justify annual salary increases and used VA’s PCS program to pay moving expenses for these employees. Annual salary increases totaled about $321,000, and PCS relocation expenses totaled about $1.3 million. Additionally, VBA paid $140,000 in unjustified relocation incentives. In total, VA spent about $1.8 million on the reassignments. While we do not question the need to reassign some staff to manage a national network of VAROs, we concluded that VBA inappropriately utilized VA’s PCS program for the benefit of its SES workforce.

Ms. Kimberly Graves was reassigned from her position as the Director of VBA’s Eastern Area Office to the position of Director, St. Paul VARO, effective October 19, 2014. VA paid $129,467.56 related to Ms. Graves’ PCS move. We determined that Ms. Graves also inappropriately used her position of authority for personal and financial benefit when she participated personally and substantially in creating the St. Paul VARO vacancy and then volunteering for the vacancy.

Mr. Antione Waller, former St. Paul VARO Director, told us Ms. Graves initiated discussion with him about relocating to the Philadelphia VARO. Once he expressed a willingness to accept the reassignment, she did an apparent “bait and switch.” She told him that the Philadelphia position was no longer available and he would be considered for the Baltimore VARO Director position. When he said he was not willing to move to Baltimore, Ms. Graves told him, “you will probably get another call, this probably won’t be the last conversation about Baltimore.” In an email, Ms. Beth McCoy, who at the time was the Assistant Deputy Under Secretary for Field Operations and Ms. Rubens’ subordinate, told Ms. Graves that she spoke to Mr. Waller and told him his name was already submitted to the VA Secretary for Baltimore, so “saying no now is not a clean or easy option.” Once the St. Paul Director position was vacant, Ms. Graves said she contacted Ms. Rubens and said, “I’d like to throw my name in for consideration for St. Paul … I feel like I’ve done my time and I’d like to put my name in.”

Ms. Rubens’ and Ms. Graves’ reassignments resulted in a significant decrease in job responsibilities, yet both retained their annual salaries—$181,497 and $173,949, respectively. Based on Federal regulations, we determined VA could not reduce their annual salaries upon reassignment despite the decrease in the scope of their responsibilities. However, a senior executive’s annual salary can be reduced if the individual receives a less than fully successful annual summary rating, fails to meet performance requirements for a critical element, or, as a disciplinary or adverse action resulting from conduct related activity.

We made criminal referrals to the U.S. Attorney’s Office, District of Columbia, regarding official actions orchestrated by Ms. Rubens and Ms. Graves. Formal decisions regarding prosecutorial merit are pending. We provided 12 recommendations to VA to increase oversight of VA’s PCS program and to determine the appropriate administrative actions to take, if any, against senior VBA officials.

Got that? Graves gamed the system to reduce her responsibilities while keeping her salary, and received almost $130,000 in taxpayer money as moving expenses, which, as the rest of the IG’s report documents, are routinely inflated by the VA. Continue reading →

Considering The Fox Trump-less GOP Candidates Debate

/ Jack Marshall / 22 Comments

Fox moderators

1. The run-up to the debate yesterday was embarrassing to the news media, especially CNN—even Fox did not obsess as much about the man who wouldn’t be on stage in Iowa as that shameless network. Not that Fox isn’t shameless: it’s greatest shame, Bill O’Reilly, once again showed himself to be both unethical and insufferable when he had Trump on his show and begged, pleaded, and cajoled the real estate mogul to reverse his decision. “Be the bigger man,” Bill said at one point. What the hell does that mean? Bigger than who? His employers—I don’t watch Fox live any more because they are still his employers—who properly refused to let him bully Megyn Kelly out of a moderator’s chair? Megyn Kelly? No, that can’t be it. Trump is a intellectual, moral and ethical midget with delusions of grandeur: O’Reilly was just feeding his ego. Then we learned, from Trump, that O’Reilly had enticed him on the air by promising not to talk about the debate boycott. O’Reilly admitted that was true, and then blathered facetiously about milkshakes, as if lying to a guest’s face was a big joke. O’Reilly is one of the deplorable people—most of his supporters, famous and not, are also in this category—who are so devoid of principles themselves that they make Donald Trump look admirable by comparison.

2. I wish I could say that Megyn Kelly was impeccable last night, but she wasn’t. She had a big chip on her shoulder, and mentioned Trump in the very first question, with a pre-composed, gaggy phrasing about “the  elephant not in the room”—lame witticisms were the theme of the night. That made the first question about her, and journalists are ethically obligated not to inject themselves into the story. No moderator should have mentioned Trump, but Kelly particularly. For the rest of the night she was aggressively adversarial, acting as if she was an undercover moderator from CNBC.

3. If there were any lingering doubts about what an arrogant jerk Ted Cruz is, his performance last night ought to have obliterated them. He reminds me of nothing so much as than the cocky high school nerd who thinks that because he’s elected class President, people really like him, but in truth he is socially hopeless. As a stage director and occasional humor writer, I cannot imagine a more pathetic attempt at a joke than his “I’m a maniac. Everyone on this stage is stupid, fat, and ugly. And Ben Carson, you’re a terrible surgeon. Now that we’ve gotten the Donald Trump part out of the way (rim shot!) . . .” bit. His timing was terrible, and because the thing went on long after everyone knew what the punchline would be, nobody but a shill or an idiot would laugh at it. Cruz got even worse, talking past his limit, whining about the moderators siccing everyone else on him (though they were), trying to change the rules, and sounding like Bill Clinton as he tried to explain away what were his obvious flip-flops on immigration.

I noticed that as the camera panned the debaters dispersing after the debate, nobody spoke to Cruz or even looked at him, while the others were smiling and being collegial to one another. No wonder. Continue reading →

Observations On The Center for Medical Progress Indictment In The Planned Parenthood Case

/ Jack Marshall / 23 Comments

Never mind....

A Houston grand jury investigating undercover footage of Planned Parenthood taken in a lengthy hidden-camera sting operation engineered by the Center for Medical Progress not only found no wrongdoing by Planned Parenthood, it instead indicted the anti-abortion activists involved in making the videos. The Center’s founder David Daleiden was indicted on a felony charge of tampering with a governmental record and a misdemeanor count related to purchasing human organs. Another activist involved in the operation, Sandra Merritt, was indicted on a charge of tampering with a governmental record, which carries a maximum penalty of 20 years in prison.

1. It looks like they may have violated the law, at least it looks that way sufficiently to justify an indictment. In order to sting Planned Parenthood, the Center and its allies 1) used a fake drivers license and 2) allegedly offered to buy human baby parts, which is against the law. I have no problem with the indictment, and neither should anybody else. The ends don’t justify the means, and an activist group trying to do what it thinks is right has no more leave to break laws than anyone else.

2. The Center for Medical Progress defends it actions  by arguing that its activists use “the same undercover techniques that investigative journalists have used for decades in exercising our First Amendment rights to freedom of speech and of the press.” That’s an everybody does ut argument. As the Volokh Conspiracy, points out, journalists have no more right to break laws than anyone else.

3. Kevin Drum, at Mother Jones, of all places, questions the indictment because “the law prohibiting the solicitation of human organs for purchase was clearly intended to prevent a black market in such things, not to punish people who are so against the sale of human organs that they falsely represent themselves as buyers in hopes of discovering and shutting down illegal activity.”  I take it back; that sounds like a Mother Jones argument. It’s like saying that murder laws exist to stop good people from being killed by bad people, and shouldn’t apply to good people killing bad people. Or that laws against theft were never intended to punish a poor family trying to feed its children. Laws are put in place to stop conduct that society doesn’t want to occur. When an exception is necessary, then an exception must be drafted,  passed, and signed into.  law. Continue reading →

KABOOM! The School System “Applauds The Efforts Of Students Who Act In Good Faith To Assist Others In Times Of Need” And Is Therefore Exacting Punishment So They Know Never To Do It Again

/ Jack Marshall / 97 Comments

HeadExplode3

I swear, I didn’t believe I heard this right. There was an earlier story about a student who was punished for letting an asthmatic classmate use her inhaler, and I thought this was the same one. But no. Now my head is all over the place, and I am once again rejoicing at our decision to pull our son out of those dens of incompetence, abuse, indoctrination and confusion known as “the public schools.”

Anthony Ruelas, an eighth-grade student at Gateway Middle School in Killeen, Texas, watched as a classmate announced that she was having trouble breathing, gasped for about three minutes, and fell to the floor. The teacher emailed the school nurse, which is apparently the policy now. At least she didn’t sent a fax. Or a carrier pigeon.

Be still, my ticking head…

She ordered students to remain calm and stay in their seats, as they watched the girl struggle to breath like a goldfish out of its bowl.

Anthony, however, decided that his classmate needed immediate help, so he picked her up and carried her to the nurse’s office.

And was suspended from school for two days.  School district superintendent John Craft did say in a statement that the district “applauds the efforts of students who act in good faith to assist others in times of need.” Continue reading →

Is There An Ethical Obligation Not To Allow Idiots To Have Decision-Making Power In State Governments? The Case Of Flipper’s Privacy…

/ Jack Marshall / 46 Comments

dolphins

A dolphin died in New Jersey’s South River last year, so a blogger sought to discover what killed it. She duly filed a public record request to the NJ Department of Agriculture for the results of the dolphin’s autopsy.The Department turned down her request, on the grounds that it violated the amended Public Records Act, which includes an exception for HIPAA information, including diagnosis and autopsies:

Dolphin privacydolphin privacy 2That’s right: New Jersey wants to protect the dolphin’s privacy. No, there is no dolphin autopsy exception to New Jersey’s law, and no cetacean privacy inclusion in HIPAA. On the off-chance that it isn’t obvious, Louis Bruni is an idiot.

This should be funny, I guess, but my patience with fools and dolts making life more difficult, expensive, inefficient and frustrating has about run out. My rapidly developing theory on crazy people starting to shoot other, thus-far less crazy people is that constant contact with the Louis Brunis of the world drive them to it, when combined with hopelessly bewildering technology and outrageously complicated rules, laws, regulations and procedures and the brazen dishonesty and corruption of so many of the “public servants” who are pledged to care about our welfare.

One day a delicate soul, their sanity on the ragged edge, makes a simple request, not even in an important matter, and are foiled by someone who thinks Dead Flipper has privacy rights, and who nonetheless has his salary paid by taxpayers. Out of the millions and millions of Americans who cope with this crap every day, day after day, an infinitesimal percentage of the public can’t handle that one extra insult to logic and common sense. and snaps like a dry twig in the wind. Like Sweeney Todd, their now damaged mind concludes that there are two groups of human beings, those who make everyone else miserable because they are evil, stupid, or both, and those who are the first group’s helpless victims. “Kill them all!” the now deranged victims of our Brunis conclude: killing the miscreants is just, and killing their suffering victims is merciful.

And off they go.

Now imagine layer and layer of Brunis, up and down all levels of government, sometimes reaching executive levels with access to real power. You know, like Joe Biden. John Kerry. Michele Bachmann. No, don’t. We have enough crazy people all ready.

Here…this will calm you:

UPDATE: Here we discover that Mr. Bruni previously was fined for lying about attending….required ethics classes! [Pointer: Phil Alperson]

_________________________

Pointer: Fred, one of his best.

 

In Washington State, Not “Over-Incarceration,” Just Incompetent And Cruel Incarceration

/ Jack Marshall / 11 Comments

African American in Prison

Since 2002, the Washington State Department of Corrections (DOC) has allowed a sentencing-calculation glitch in its computers to allow more than 3000 inmates to walk out of prison before their sentences were complete. Now the state is rounding-up  ex-prisoners, in many cases after they have built back their lives, settled down, found jobs, and done all of the things, difficult things, former felons are supposed to do once they have paid their debts to society.

Last month, Governor Jay Inslee and DOC Secretary Dan Pacholke  revealed that incorrectly programmed computer software  had been  miscalculating release dates Washington convicts sentenced to extra prison for violence related to their crimes. Although DOC employees have been aware of the problem since 2012,an assistant attorney general advised against an urgent review, allowing the error, and the early releases, to continue for three more years as a software fix was delayed repeatedly. (Yes, there is an investigation.) Finally, a fix is supposedly in the works.

None of this was the fault of the prisoners who were released early, but they are the ones being made to suffer for it. Most of those who have been out for long periods are being left alone, according to the standards for review, but for those deemed to need additional prison time, the trauma is significant. The Seattle Times interviewed Miranda Fontenot, whose fiancé, James Louis, was taken into custody last week when he checked in with his community corrections officer. Continue reading →

The Unethical Web-Shaming Destruction Of Holly Jones

/ Jack Marshall / 14 Comments

kilroysFB.0

“I will never go back to this location for New Year’s Eve!!!” young Holly Jones ranted on an Indianapolis bar and restaurant’s Facebook page. “After the way we were treated when we spent $700+ and having our meal ruined by watching a dead person being wheeled out from an overdose my night has been ruined!” The angry post accused the evening’s restaurant manager of rudeness, the party’s waitress of profanity and the establishment itself of inattention.

After a sharp on-line rebuttal by the restaurant, the Web Furies were unleashed. Jones’ post became the latest web-shaming catalyst and an invitation to join a cyber-mob where fun could be had by all turning an ordinary jerk into a national villain. Lots of people signed up. The mob tracked down Jones and bombarded her own Facebook page with hate—she took the page down—then moved on to the salon where she worked as a hairdresser, threatening a boycott unless it fired Jones.

So it did.

These exercises in vicious web shaming can be ranked along an ethics spectrum. At the most unethical end is the destruction of Justine Sacco, who had her legitimate marketing career destroyed by social media’s  hysterical over-reaction to a self-deprecating, politically incorrect tweet. Now she works promoting a fantasy sports gambling website, a sleazy enterprise that entices chumps into losing serious cash with a business model derived from internet poker—she not only had her life derailed, she was corrupted too.

At the other end is Adam Smith, the one-time executive who wrecked his own career, with the help of another cyber-mob, by proudly posting a video of himself abusing an innocent Chic-fil-A  employee because Smith didn’t like her boss’s objections to gay marriage.  Somewhere between the two is Lindsay Stone, who lost her job by posting a photo showing her pretending–she later said— to scream at the Tomb of the Unknown Soldier while flipping the bird at the “Silence and Respect” sign.

The distance between Smith and Jones is the difference between words and conduct. Smith’s video showed him abusing a young woman, and his posting of the video indicated that he saw nothing wrong with it. Jones, in contrast, did nothing, other than prove herself to be, at least at the moment she posted her rant, an utter jerk. Everyone along the spectrum, however, including Jones, were excessively and unjustly harmed by the web-shaming  campaign against them. Last I checked, Smith was unemployed and destitute three years after his episode of atrocious judgment.

In the current case, the cyber-mob forcing Holly’s employer to fire her is ethically worse, by far, than anything she can reasonably be accused of doing by posting her criticism of the restaurant. Continue reading →

Observations On A Nauseating Development

/ Jack Marshall / 9 Comments
Ah, those were the good old days.

Ah, those were the good old days. Now we’re REALLY desperate.

Observation One: If you don’t see what’s nauseating about it, you are part of the problem. Here:

Top Obama administration  officials, including Denis McDonough, Obama’s chief of staff, Attorney General Loretta Lynch, FBI Director James Comey, Director of National Intelligence James Clapper, National Security Agency Director Michael Rogers, and White House Chief Technology Officer Megan Smith met in San Jose, California, with representatives of Twitter Inc., Apple Inc., Facebook Inc., and other Silicon Valley companies to seek ideas on how extremist content online can be identified and removed, as well as help creating alternative messages to counter terrorist recruitment methods using social media. You can be thoroughly nauseated by reading about the whole embarrassing fiasco here.

Other observations:

2. The incompetence this displays is staggering, and the apparent unawareness of the optics of incompetence is staggering:

“The gathering took place as Obama announced a new counterterrorism task force to thwart extremists and their use of social media after recent deadly attacks in Paris and San Bernardino, California. The task force will organize federal efforts into several areas, including research and analysis, technical assistance, communications, and programs to help prevent radicalization, according to the Homeland Security Department.”

Translation: “We haven’t been taking this seriously at all and were caught with our pants down, big-time. Now we have to look like we’re doing something.” Continue reading →