incompetence

A Handy Review of Dishonest Scandal-Obscuring Talking Points

/ Jack Marshall / 17 Comments
Ah, yes, such pretty "talking points"!

Ah, yes, such pretty “talking points”!

Let me begin by noting that I would not prefer to keep writing posts about Benghazi, the I.R.S., Attorney General Holder, and his inept and politicized Justice Department. All of the related scandals involve outrageous misconduct by the Democratic administration, together with the resulting attempt by Republicans to both uncover what occurred in the face of concerted Administration stonewalling and obfuscation, and to score political points while embarrassing President Obama and Democrats in the process. Since in this matter the offenders are either Democrats or those under a Democratic administration, it is impossible to comment on the matter fairly with out appearing partisan to some otherwise reasonable readers.

I should not have to write repeatedly about these collective failures, fiascoes and abuses of power, and would not if the leaders responsible would just tell the truth, stop spinning and using smoke screens, apply appropriate sanctions and consequences to the individuals involved. This Administration refuses to do that, and too many major media outlets refuse to do their jobs and pressure them to do that. Instead, a massive disinformation campaign has been mounted, presumably coordinated by the White House and the highest levels of the Democratic party, to minimize the situations involved, confuse the public about what occurred, misrepresent the seriousness of the implications of the events, and allow them all to fade away, ideally while performing political jiujitsu on Republicans and promoting a public backlash that might even benefit Democrats, as the impeachment of President Clinton did in 1998.

This must not be allowed to happen. I am under no delusions that I have any influence over whether it does happen or not: this blog has a good sized audience for an ethics blog, but that is like a restaurant saying that the pickled lizard-brains seem to be popular tonight.  I do believe that publishing my best objective ethical analysis during this disturbing  period might, might, somehow bolster the efforts of those who do have such influence.

Yesterday at the Congressional hearings on the I.R.S. targeting of conservative groups, a couple of misleading arguments by administration defenders officially reached dishonest talking point status, joining many others we have heard for the past two months (or more) and continue to hear. “Talking points,” used in this context, are arguments, statements and phrases devised by political strategists,  usually field-tested in focus groups and polls, and then emailed out to officials, party members, operatives, talking heads, friendly journalists and columnists and others to repeat in public statements in the media, over and over again, to influence public opinion. They are designed to shift blame, confuse the issues, inject false facts, and to appeal to rationalizations and bad logic.

It’s a cynical exercise, and infuriatingly obvious to the relative  few Americans who watch a lot of TV, listen to a lot of interviews and check multiple sources, have open minds and IQ’s above freezing.  It’s ridiculous, in fact: suddenly Democrat after Democrat after progressive talk show host (or, at other times, Republicans and conservative talking heads—this is not restricted to Democrats)  “independently” make the same dubious points using almost the same words.  But I’m not the target audience; they know anyone paying close attention is on to the technique. It’s aimed at those less involved citizens who pick up on the new excuses and circulate them to their friends and colleagues, who may not be paying attention to the media at all. It’s aimed at partisans controlled by confirmation bias: you will instantly see the talking points repeated in blog comment threads. These kinds of talking points are designed to make coherent debate and analysis impossible.

Before addressing yesterday’s  additions to the current talking point garbage pail, let’s review the haul so far. Now take your Pepto Bismol…

Benghazi Continue reading →

Is George Zimmerman Trying A Homer Simpson Strategy?

/ Jack Marshall / 27 Comments
The accused, pre-donuts.

The accused, pre-donuts.

Based on his appearance at today’s preliminary hearings for his murder trial, George Zimmerman has packed on a few pounds since he was arrested and charged with second degree murder in the death of Trayvon Martin. Might this be an intentional strategy dictated by his lawyer? If so, it would be reminiscent of the memorable episode of “The Simpsons” in which Homer decided to give himself the benefit of the Americans With Disabilities Act by eating himself into muu-muus. But would it be ethical?

The theory, I presume, is that the less threatening and mobile Zimmerman looks, the more plausible it will seem to the jury that he was not the aggressor in his fatal tussle with Martin, who, we heard today, the defense will try to portray as a violence-prone thug. This kind of maneuver exploits a structural defect in the jury system, aggravated by the now ridiculously extended justice process. Jurors can only think of a defendant and sometimes a victim as they look in the courtroom, when it is what they were like when the alleged crime occurred that matters. Years ago in the District of Columbia, a wily attorney defending a child molester who swore that his 13-year old victim had credibly presented herself as 18 managed to delay the trial for three years. It was enough time for the victim to get morphed by puberty hard, and she appeared on the stand not as the thin, immature child she was when she was sexually assaulted, but as an obviously sexually-mature young woman speaking in a attractively husky voice, whom one courtroom reporter described as looking at least 25. Her attacker was acquitted. This is considered excellent lawyering. (The prosecutor, who allowed the girl to wear a tight, low-cut dress and full make-up, was, in contrast, an idiot.) Continue reading →

The IRS Scandal Choice: Contrived Ignorance By The President Or Incompetentence By White House Counsel

/ Jack Marshall / 9 Comments
Unethical lawyer, or ethical pawn in an unethical plan.

Unethical lawyer, or ethical pawn in an unethical plan.

Media reports tell us that White House Counsel Kathy Ruemmler was told on April 24 that the IRS had improperly targeted tea party and other conservative groups, according to an Inspector General audit. She did not tell her client, President Obama, about the fact. [ UPDATE: Law professor and esteemed legal ethics authority Richard Zitrin correctly points out that Ruemmler’s client is the office of the President, not the President himself. So far, I have yet to be convinced that this changes the analysis below.]

There is no way to spin this that doesn’t look bad for either Ruemmler, Obama, or both. The news media has been typically inept in explaining this ethical point. If Ruemmler, on her own, decided to withhold the information to “protect” the President, she was violating her ethical duties, as well  as her duties to the President, his office, and the country. If she was following his directive in keeping him in the dark, then President Obama is guilty of the ethical misconduct of contrived ignorance, a device that is almost always accompanied by knowledge of wrongdoing and irresponsible leadership. Which was it? Continue reading →

Incompetent Elected Official Of The Month: Nancy Pelosi (D-Cal)

/ Jack Marshall / 46 Comments
I'm so disgusted with Nancy Pelosi that I can't tolerate seeing her face on the blog, so I'm posting a picture of one of my favorite animals, an Okapi...which would, by the way, be a likely improvement in over Pelosi.in Congress.

I’m so disgusted with Nancy Pelosi that I can’t tolerate seeing her face on the blog, so I’m posting a picture of one of my favorite animals, an Okapi…which would, by the way, be a likely improvement in over Pelosi in Congress.

Count the dishonest, idiotic, misleading, unethical statements in this jaw-dropping interview exchange. I count eight. I may have missed one or two, because I was vomiting by the end:

REPORTER: Since the IRS happened on President Obama’s watch, how much of a hit — or do you think at all Democrats will take a hit on the IRS in the 2014 midterms?

REP. NANCY PELOSI:  Well, you said it happened under his watch. (1) It happened under the appointment of the head of the IRS, who was appointed by President Bush. His length of stay extended into President Obama’s stay.  I think that points to the fact — (2) why is this a politicized issue?  We all are concerned about how the IRS does what it’s supposed to do but does not do it in a selective way. I said before what they did was wrong. The Inspector General has said over and over(3)  it is not illegal.  The committee wants to challenge the Inspector General on his findings, so that will unfold. But again (4) the IRS is an independent agency.  (????)  So the inference to be drawn happened on his watch is that it happened on his watch the way some other cabinet agency of government would. (5)  No, this is an independent agency is headed up by a Bush appointee. What they did was wrong. We have to make sure it doesn’t happen again. Selective review. We don’t like it on our side or their side. It has no place.

REPORTER: Doesn’t the buck stop with him? Should he have known about these things but he said he didn’t know about any of this? Continue reading →

Heroes, Dunces, Truthtellers, Liars, Spinners, Incompetents, and Fools: More Ethics Forensics On The Government Scandal Wave

/ Jack Marshall / 6 Comments

bosch

This is a mercurial story, several in fact, but one of its most valuable uses is to allow us to sort out various individuals and institutions for their trustworthiness and character based upon their words and conduct regarding the multiple scandals hurtling around Washington.

  • Fool: Rep. Michele Bachmann (R-Mn). Bachmann is talking impeachment, which has signature significance: any elected official who brings up impeachment now or anytime before hard evidence turns up proving that President Obama personally delivered  a bag of gold to the IRS leadership to make sure proprietary tax information was leaked is an utter, irresponsible dolt. 1) No President has ever been convicted after their impeachment, and heaven knows we have had multiple Chief Executives factually guilty of “high crimes and misdemeanors.” It is a waste of time, an all-encompassing political warfare glut that this nation can’t afford at this point, especially when the U.S. Senate is in control of the same party the impeached POTUS belongs to. Yes, I agree with the principle that corrupt Presidents should be punished; I’m glad Bill Clinton got his just desserts, but I also know that if he and the rest of the government had been concentrating on what was going on in the world rather than hiding blue dresses, the Twin Towers might be standing today, and 3000—10,000?—-Americans wouldn’t be dead. Impeachment is like using a nuclear bomb: it’s a useful threat, but the reality is too horrible to permit. 2) Anyone who thinks making Joe Biden President is a solution to anything is certifiable. 3) There is nothing at this point that would support a legitimate impeachment. 4) Putting the scandals in that context just supports the agreed-upon White House and media spin that this is all about politics. Shut up, Michele.

Obama’s Leadership Incompetence, Now Getting Dangerous

/ Jack Marshall / 30 Comments
Bad poker bluff

Nice hand, Mr. President.

Not everybody should be a leader, and it is no shame if you have no talent for it.  It is tempting to think that all intelligent, educated, articulate people within a certain range of emotional stability and sanity can learn to be effective leaders, but history and experience tell a different story, and it has many tragic chapters.

I know many readers think that I get great joy out of criticizing President Obama for his lack of leadership skills and instincts, but in truth I find myself consciously avoiding writing about this almost every day, because the problem is on display that regularly*, and this isn’t a Bash Obama blog. I do find it remarkable that such an obviously intelligent man is so immune to leadership instincts, and that he hasn’t resolved to at least try to learn from his more naturally leadership-gifted predecessors. For example, the White House made a point of noting that the President was a great admirer of Doris Kearns Goodwin’s “Team of Rivals,” which recounts how Abraham Lincoln assembled a Cabinet made up of political enemies, adversaries and rivals whose perspective and abilities he managed and used to great advantage. Yet Obama’s choice of Cabinet members and advisors, as even his supporters have pointed out, is unusually insular, passive and narrow, with the same loyalists being recycled into position after position (Hillary was the exception). True, this may reflect the President’s recognition of his own leadership limitations, for Abraham Lincoln, a once-in-a-century example of a born leader, is a daunting model. This is a pattern, however. When various voices in the Obama-worshiping media, such as did the New York Times last week, lament that Lyndon Johnson would have been able to get gun control measures through Congress, they are commenting on the same phenomenon. LBJ was a natural leader, and Obama, whatever his other virtues, is not. Continue reading →

If We Could Trust The Government To Take Care Of Us, There Wouldn’t Be Idiotic Laws Like This One

/ Jack Marshall / 14 Comments
"You have to take it this time, honey, because the law says you're a nuisance if you call the cops again..."

“You have to take it this time, honey, because the law says you’re a nuisance if you call the cops again…”

Did you know that many cities and towns across the country have what are called “nuisance ordinances,” “crime-free ordinances,” or “disorderly behavior ordinances,” that subject landlords and tenants to fines when the police respond to a proscribed number of “disorderly behavior” complaints within a designated period of time?  Such ordinances specifically include “domestic disturbances” as among the forms of disorderly conduct that be punished under the law.

What are the predictable consequences of such laws? Landlords evict tenants who cause them to be fined…including women who call the police because they are being beaten by their husbands or boyfriends. The laws, therefore, penalize the victims of domestic abuse, and create a powerful disincentive for them to report it, since they must, in effect, choose between a beating and homelessness. They also tend to affect single mothers and those who live in poor neighborhoods.

Wait…what? What idiots would pass such a cruel and stupid law? The answer, unfortunately, is lots of idiots, because elected officials, as a general rule, are wretched at ethics chess, among other skills. They don’t think about the unfair and irresponsible results of their well-meaning, bone-headed, poorly drafted and ill-conceived laws by considering their likely consequences two, three and four moves ahead, which is what ethics chess requires. A law can have unethical and unintended outcomes that render it far worse than whatever it is the measure was intended to address, but determining what those outcomes are takes more care, diligence, intelligence and patience than most of our elected officials can muster. Continue reading →

Incompetent Elected Officials Of The Month: The U.S. Congress

/ Jack Marshall / 6 Comments
"Oh, THAT..."

“Oh, THAT…”

We know that our elected officials don’t think it is important for them to read the bills they vote for (or against.) That’s irresponsible, but this is illegal: as pointed out by Thomas Beck in the Wall Street Journal, both Houses of Congress, but especially the Senate, defy the most basic Parliamentary rule of all, one that is mandated in the Constitution. The requirement: having  more than 50% of members present, a quorum, in order to do business.

Beck:

“Congress has ignored the quorum requirement for decades, yet neither the president nor the courts has questioned the practice. The one time the Supreme Court was called upon to apply the quorum requirement was in the 1892 case of United States v. Ballin. A statute was challenged on the basis that, while a majority was present in the House when the act was passed, a majority didn’t cast votes on it. A unanimous Supreme Court explained that what matters is whether a majority is present: ‘All that the Constitution requires is the presence of a majority, and when that majority are present the power of the House arises.’ Continue reading →

Bullying To Discourage Bullying : Our Incredibly Incompetent, Unethical Schools

/ Jack Marshall / 19 Comments
If public schools keep making my head explode, I'm not going to be able to criticize them much longer. Soon, it will be all up to you...

If public school idiocy keeps making my head explode, I’m not going to be able to criticize them much longer. Soon, it will be all up to you…

In Red Hook, New York, a recent anti-bullying workshop at Linden Avenue Middle School for 13 and 14-year-old girls focused on homosexuality and gender identity. Parents learned from their daughters that the girls had been ordered to stand before the group and ask one another for a kiss. Some students were told to stand in front of the class and pretend they were lesbians on a date.

Bullying, as they are supposed to teach you in school, is when someone uses their superior power to subordinate and humiliate someone weaker than themselves. This is wrong, and it is always wrong. It is just as wrong when the bully believes that his or her power is being exercised to make a weaker individual do something that is “good” for them, as in, “Go ahead, jump off that rock, or I’ll beat the snot out of you!” This pathetic, miserably unprofessional, cruel and arrogant political correctness-infected school actually used its authority over these children to force them to do something, in public, that they almost certainly felt was embarrassing and unnatural. This is bullying: the only other equally apt word for it is stupidity. The school’s method of showing students how bullying is wrong is to bully them. In addition, the school neither informed the students’ parents nor received their permission.

Why are we continuing to put up with this? Continue reading →

Ethics Dunce (Sandy Hook Ethics Train Wreck and U.S. Public School Incompetence Divisions): Logan Middle School in Logan, W.Va.

/ Jack Marshall / 42 Comments

Sigh.

Send him to the re-education center...

Send him to the re-education center…

I’ll stop flagging the unethical conduct of anti-gun hysterics during the Sandy Hook Ethics Train Wreck when they stop abusing kids and law-abiding citizens in their deranged determination to turn America into a gun-free zone through fear-mongering and intimidation. I’m genuinely sick of writing about this stuff, but not as sick as I am of the idiocy that produces it. Has any sane, prominent, respectable voice from the gun-regulation side registered strong objections to incidents like what happened in Logan? If so, I must have missed it. That’s illuminating, don’t you think?

Jared Marcum, an eighth-grader boy at Logan Middle School in Logan, W.Va., was suspended and arrested by police for wearing a pro-NRA T-shirt that depicted a firearm and the phrase “Protect your right” to class. He was charged with “obstruction and disturbing the education process.” It appears that his teacher asked him to remove his shirt, and he refused, prompting the arrest. Marcum was on solid ground, and his teacher was not.  The school dress code reads in part: Continue reading →