Tag Archives: integrity

Comment Of The Day: “Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen”

The post about the absurd Arkansas judge who saw nothing wrong with taking part in some anti-death penalty protest theater shortly after halting some scheduled executions. Can we say “objectivity”? Sure we can!

The impetus for Steve-O-in NJ’s Comment of the Day was what could be called dicta in the original post about the dubious role models for judicial conduct currently sitting on the U.S. Supreme Court.

Here is Steve-O-in-NJ’s Comment of the Day on the post, Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen:

I agree that SCOTUS needs an ethics code, but, in all fairness, did Eisenhower, Kennedy, Johnson, or Nixon ever attack the SCOTUS or a decision in a speech or an address? FDR was far more politically powerful than Obama ever could hope to be, but even he knew when to back off the SCOTUS. That said, I wonder if he knew from the get-go he was going to break the 2-term tradition and just wait the court out, as justices either died or retired and he replaced them with like-minded judges.

What do you think of an age limit for Federal judges, setting either 70 or 75 as a mandatory retirement age? Although Article III judges serve for the term of their good behavior, arguably that Article didn’t conceive of Federal Judges living well past 70 regularly and living and serving into their 80s and 90s uncommon but now certainly not unheard of. If we can revisit Presidential terms of office, which we already have, if we can revisit the Electoral College, which we already have once and some are asking us to again, and if many vocally want us to revisit both the First and especially the Second Amendments, all of these due to changing circumstances (breach of the 2-term custom, the emergence of political parties, alleged hate speech, and the evolution of firearms beyond single shot muskets) then arguably we can revisit Article III as well.

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Filed under Comment of the Day, Government & Politics, Law & Law Enforcement, Professions

Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen

 

That’s the judge lying down. At least he wasn’t wearing his robe…

Arkansas circuit judge Wendell Griffen granted a temporary restraining order last week halting the Arkansas Department of Corrections from executing seven condemned prisoners within eleven days as it had planned, as Griffen barred the use of one of the ingredients in the lethal drug “cocktail.” A federal judge followed up quickly with anothee order likewise barring Arkansas from proceeding to execute anyone with a lethal injection. Mission accomplished,  Judge Griffen decided to reward himself by attending an anti-death penalty rally in which he participated with elan, playing a condemned prisoner lying prone on a lawn chair as if it was a gurney.

What fun! And what an idiot! No ethics alarms went off, despite the fact that he was flagrantly displaying his bias against the death penalty immediately after interfering with the state’s law enforcement based on a fair and objective interpretation of the law.

State officials were outraged, and argued that Griffen’s conduct proved that he was not capable of impartiality in capital cases. Ya think?

Yesterday the Arkansas Supreme Court pulled Griffen from all pending death penalty and lethal injection protocol cases. It also referred him to the state’s Judicial Discipline and Disability Commission to determine whether he violated the Code of Judicial Conduct.

Good. Continue reading

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Filed under "bias makes you stupid", Ethics Alarms Award Nominee, Government & Politics, Law & Law Enforcement, Professions

Ethics Quote Of The Week: Seattle Seahawks Defensive End Michael Bennett

“Of course I think he’s been blackballed, obviously. Maybe the players agree that there’s a place for politics in sports, but I don’t think the teams, or the organization, or even the fans believe there’s a place for politics in sports. I think people want you to do your job and shut up — score a touchdown, dunk a basketball, hit a home run and call it a day. We’ll buy your jersey, and that’s it.”

—-Seattle Seahawks defensive end Michael Bennett, speaking about the current fate of ex-NFL quarterback Colin Kaepernick, who remains unsigned after spending much of last season refusing to stand for the National Anthem because the United States “oppresses black people and people of color.”  Bennett’s comments came during an event at the artsy social justice warrior hang-out Busboys and Poets in Washington, D.C.

It’s an admittedly perverse selection for the ethics quote designation, since Bennett meant the statement as criticism. He went on to say that he endorses professional athletes taking pubic stands on social issues to “inspire others” to engage in  mass action and demonstration. The 31-year-old defensive end, who makes about 10 million dollars a year, drew attention to himself in February when he opted out of an Israeli-government-sponsored trip to register his pro-Palestinian views, as if he actually knows enough the 80-year-old conflict to intelligently protest anything. This is about par for the course in the field of professional athlete off-the-field grandstanding.

Bennett was correct in his rueful description of the state of the culture, however. There is no place for politics in sport. Sport is entertainment, and fans follow sports to escape real world problems, not to be lectured on them by pseudo-educated celebrities with neither the training, skills or expertise to justify the giant megaphone celebrity affords them. Kaepernick’s stunt created a media circus around his struggling team, the San Francisco 49’ers, distracted its management fans and players, and cost the NFL viewers and advertising revenues. Since he was unable to articulate an intelligent rationale for his protest, it was also useless. Naturally, Kaepernick was cheered by the Left, and defended by many journalists as well as athletes who think their physical gifts should entitle them to social influence they don’t deserve. Continue reading

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Filed under Ethics Quotes, Government & Politics, Journalism & Media, Race, Rights, Sports, U.S. Society, Workplace

Incompetent Elected Official Of The Month: President Barack Obama

Yesterday’s U.S.  missile attack on Syria prompted by Assad’s use of chemical weapons against Syrian civilians clarifies just how inept and feckless President Obama’s handling of foreign policy was.

In an article today in the reliably progressive and Democratic Party-boosting The Atlantic, Jeffrey Goldberg writes,

“President Obama’s foreign policy doctrine, like many foreign policy doctrines, was contradictory at times, and it sometimes lacked coherence.”

1. At times?

2. Sometimes lacked coherence?

3. Notice the obligatory “like many foreign policy doctrines” to cushion the blow. Journalists are in permanent denial over just how epically awful the first black President’s administration was.

Goldberg eventually gets around to Obama’s “decision, in 2013, to go back on his promise to punish the regime of Syrian president Bashar al-Assad for using chemical weapons on civilians. Early in the Syrian civil war, Obama publicly drew a red line concerning Assad’s behavior, but later decided to forgo military strikes, even after being presented with near-definitive proof that Assad had crossed the red line in grotesque fashion. “  This inadequate description intentionally leaves out the dispiriting details of that fiasco. Here is what Obama said in August of 2013 when the first “red line” appeared:

“We cannot have a situation where chemical or biological weapons are falling into the hands of the wrong people. We have been very clear to the Assad regime — but also to other players on the ground — that a red line for us is we start seeing a whole bunch of chemical weapons moving around or being utilized. That would change my calculus; that would change my equation….We have communicated in no uncertain terms with every player in the region that that’s a red line for us and that there would be enormous consequences if we start seeing movement on the chemical weapons front or the use of chemical weapons.” 

Ethics Alarms:

Now, lawyers and grammarians may argue over what “a red line” means, what constitutes “use” and “a whole bunch,” and what the President considers “enormous consequences.” None of that matters. What matters is what the statement was understood to mean around the world, and it was widely understood to mean this: If chemical weapons are used against the Syrian people by Assad, the United States will act decisively. Last week, reliable evidence indicated that indeed chemical weapons had been used, and that the “red line” had been crossed.

Obama’s response? Double-talk, backtracking and word-parsing:

  • The President to reporters Friday with Jordan’s King Abdullah in the Oval Office:  “What we have right now is an intelligence assessment. And as I said, knowing that potentially chemical weapons have been used inside of Syria doesn’t tell us when they were used, how they were used. Obtaining confirmation and strong evidence, all of those things we have to make sure that we work on with the international community. And we ourselves are going to be putting a lot of resources into focusing on this. And I think that, in many ways, a line has been crossed when we see tens of thousands of innocent people being killed by a regime. But the use of chemical weapons and the dangers that poses to the international community, to neighbors of Syria, the potential for chemical weapons to get into the hands of terrorists — all of those things add increased urgency to what is already a significant security problem and humanitarian problem in the region. So we’re going to be working with countries like Jordan to try to obtain more direct evidence and confirmation of this potential use. In the meantime, I’ve been very clear publicly, but also privately, that for the Syrian government to utilize chemical weapons on its people crosses a line that will change my calculus and how the United States approaches these issues. So this is not an on or off switch.”
  • A White House official to reporters Thursday: “I think what the Assad regime needs to know is that we are watching this incredibly closely. Were he to undertake any additional use [of chemical weapons], he would be doing so under very careful monitoring from us and the international community. There should be no mistaking our determination not just to get to the bottom of these reports, but to send a message … that Bashar al-Assad and his regime will be held accountable for these types of actions. We’re going to be methodical, rigorous and relentless … so we can establish exactly what happened…all options are on the table in terms of our response…If we reach a definitive determination that the red line has been crossed … what we will be doing is consulting closely with out friends and allies … to determine what the best course of action is.”

So those “enormous consequences ” of the “red line” being crossed is that the United States will start consulting with friends and allies?

Well, yes, in a word. Continue reading

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Filed under Around the World, Childhood and children, Ethics Alarms Award Nominee, Government & Politics, Incompetent Elected Officials, Leadership, This Helps Explain Why Trump Is President, War and the Military

How Do We Know The Democrats Can’t Find Any Ethical Reason Not To Confirm Judge Gorsuch? Because They Searched And Searched, And The Best They Could Come Up With Was THIS [UPDATED]

Pathetic. Desperate.

Typical.

“And it’s a HAIL MARY PASS!!!!!!!”

Today headlines screamed—do mark the journalists and news organizations, for they exemplify Prof. Glenn Reynold’s jibe, “Democratic operatives with  bylines”—that Supreme Court nominee Neil Gorsuch had committed plagiarism in four passages of his 2006 book “The Future of Assisted Suicide and Euthanasia,” which was based on his 2004 Oxford dissertation, before he became a judge.

That’s a stretch, and more than that, making this a major new story now indicates bias.

In the most egregious of the passages cited, Gorsuch included a description of the famous “Infant Doe” case that tracks closely with the description in a 1984 law-review article by Abigail Lawlis Kuzma. Both versions primarily quote from the court opinion: Kuzma’s article tracks equally closely to the original opinion, a 1982 Indiana court ruling that was later sealed, a  pediatrics textbook, “Rudolph’s Pediatrics,” and a 1983 article in the Bloomington Sunday Herald. Gorsuch cited all of these, but did not cite Kuzma’s article.

He should have. That’s a citation error, but probably not plagiarism. Several the sentences in the book and the article are identical or close to it, and Gorsuch should have used quotation marks. However none of the sentences involved anything but factual  and technical descriptions. For example,the article states that “Esophageal atresia with tracheoesophageal fistula indicates that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus,” and Gorsuch wrote, “Esophageal atresia with tracheoesophageal fistula means that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus.” 

Now, if I were writing about esophageal atresia, about which I know nothing, in the course of an analysis of a larger issue, I would probably re-phrase that passage, perhaps writing, “When the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus, this is the condition called esophageal atresia with tracheoesophageal fistula.” I haven’t added anything original, though. There are no new thoughts or content. My re-phrasing would just dodge the accusation of plagiarism. When I wrote my thesis, which involved reviewing multiple biographies of every U.S. President, it was not uncommon for me to find paragraphs in the earliest materials that were worked over and re-phrased again and again, with no quotes but citations.

The National Review, a conservative publication, so its position will be discounted as biased and partisan, tracked down Kuzma, who waved off the plagiarism charges:

“These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the “Baby/Infant Doe” case that occurred in 1982. Given that these passages both describe the basic facts of the case, it would have been awkward and difficult for Judge Gorsuch to have used different language.”

Weeell, that’s laying it on a bit thick. Gorsuch certainly could have done a more academically acceptable job of re-stating the substance of what she wrote; it’s not THAT “awkward and difficult.”

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Filed under Character, Education, Government & Politics, Journalism & Media, Law & Law Enforcement, Research and Scholarship

Ethics Quote Of The Month: Chicago Cubs President Theo Epstein

“That is ridiculous. The whole thing is patently ridiculous. It’s baseball–a pastime involving a lot of chance. If [Ben] Zobrist’s ball is three inches farther off the line, I’m on the hot seat for a failed five-year plan.”

—-Theo Epstein, president of the Major League Baseball’s 2016 World Champion Chicago Cubs, upon learning that Fortune Magazine had chosen him #1 among “The World’s Greatest Leaders” in a click-bait list released last week.

Thank-you, Theo, for explaining moral luck and the perils of consequentialism to the public. When it came down to the final innings of Game 7 in last year’s World Series, it looked for a while like Cubs manager Joe Maddon was about to blow the chance to win an elusive title after over a century of frustration by keeping his clearly gassed closer on the game. That his risky decision didn’t make Maddon a goat for the ages and Epstein one more name in the long list of Cubs saviors was pure moral luck—the element of chance that often distinguished heroes from villains. winners from losers and geniuses from fools in the public’s mind—and gross consequentialism, judging decisions by their uncontrollable results rather than their objectively judged wisdom and ethics at the time they were made.

If the Cleveland Indians had won that crucial game in extra-inning, no matter how, Epstein might have made Fortune’s list (I doubt it), but he would have been nowhere near the top. Continue reading

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Ethics Dunces: The Academy Of Motion Picture Arts And Sciences

The Academy Awards announced that it will allow PriceWaterhouseCoopers to continue to represent the Oscars’ integrity as well as the organizations pledge that the results aren’t being, will not be, cannot be and haven’t been rigged, misread, wrongly tallied or mistakenly announced.

This, despite the fact that the firm proved beyond a shadow of a doubt that it cannot be trusted to do this, by either the Academy or the Oscar viewing audience, because it did not do it, exposing its carelessness and incompetence on national TV.

This is NASA letting Morton Thiokol continue to build space shuttles. This is the federal government re-hiring the same IT firm that made Healthcare.gov. This is Wesley Snipes rehiring the tax expert who told him he didn’t have to pay income taxes.

In addition to complete failure of management that the Academy’s decision to let bygones be bygones represents, it also has cultural consequences. As a culture, the United States has become allergic to accountability in all sectors. Over at Wells Fargo, where management presided over a nation-wide conspiracy to defraud depositors,  CEO John Stumpf opted for early retirement after the scandal, and is walking away with around $130 million, according to SEC filings.  Unless further action is taken by Wells Fargo’s board, which looks increasingly unlikely, Stumpf will leave with a fortune made up of stocks, cash payouts and other compensation. The Obama Administration, as documented here, repeatedly refused to hold incompetent agency heads accountable for fiascos, notably both of its Attorney Generals, and all three of its White House spokesmen. University president after university president disgraced their institutions by capitulating to racist, anti-speech, anti-education demands by students without consequence to their tenure. In journalism, Brian Williams remains on NBC’s payroll and the TV screen, despite having proven himself to be a habitual liar. Continue reading

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Filed under Arts & Entertainment, Business & Commercial, Ethics Alarms Award Nominee, Ethics Dunces, Popular Culture, Professions