integrity

From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

/ Jack Marshall / 15 Comments
guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading →

As Republican Ethics Heroes And Dunces Board, Dodge Or Drive The Donald Trump Presidential Candidacy Ethics Train Wreck

/ Jack Marshall / 27 Comments

off the train

The Donald Trump Presidential Candidacy Ethics Train Wreck is so deadly that the nation will be forced to board the Hillary Clinton Presidential Candidacy Ethics Train Wreck to survive it, as a broken back, a smashed face and need for multiple organ transplants are still more survivable than a damaged brain and a crushed heart.

Like all political Ethics Train Wrecks, however, it does allow us to learn a great deal about various pundits, politicians and public figures. Here are some early results from the wreckage once known as the Republican Party:

Ethics Heroes: The Bushes (Jeb, George H.W. and George W.) Mitt Romney, House Speaker Paul Ryan, Republican U.S. Senators Lindsay Graham,  Ben Sasse of Nebraska and Jeff Flake of Arizona, Massachusetts Gov. Charlie Baker and Illinois Governor Bruce Rauner;  Conservative columnist Erick Erickson, Republican strategist and operative Mary Mat Weekly Standard founder and editor William Kristol.

There will be more. To reject the apparent nominee of your own party is a nearly unprecedented step for party leaders and ex-Presidents. I can’t find any vaguely similar example since Teddy Roosevelt split the GOP with his Progressive Party in 2012. Sasse has called for a third party alternative. Eventually, we will have a more definitive list, and some of these will fall into perdition. Continue reading →

The Cheater’s Rationalizations

/ Jack Marshall / 3 Comments

cheatingI was in Boston recently, and naturally the topic of Tom Brady and Deflategate came up often. I kept hearing the same defenses of Brady with a growing sense of déjà vu. Yes, many of the rationalizations on the Ethics Alarms Rationalizations List raised their ethically-muddled heads in Beantown, all-purpose classics like “Everybody does it,” “It’s a bad law/ stupid rule,” and “No harm, no foul,” but there were others that clearly came out of some secretly published “Cheater’s Handbook.”

These are going to enter the list as a group, like #6,The Biblical Rationalizations. They will be trotted out for other purposes, no doubt, but no set of excuses better defines the unethical mindset of a cheater’s defenders than these three.

59. The Cheater’s Rationalizations Continue reading →

KABOOM! ESPN Achieves A New Low In Unethical Journalism: Misinforming The Public Out Of Spite

/ Jack Marshall / 31 Comments
If you told me ESPN COULD make my head explode, I wouldn't have believed you...

If you told me ESPN COULD make my head explode, I wouldn’t have believed you…

ESPN has been foundering in a sea of ethical ignorance for some time now, but this was shocking even for them.

In a petty exercise to express its disdain and and anger at dismissed baseball commentator Curt Schilling, the sports network excised an entire section of its documentary on the legendary 2004 American League Championship play-offs when it was shown last night prior to the scheduled Red Sox-Yankee game. I cannot think of a single example of unethical journalism by a major outlet so blatant and so offensive.

Let’s go back a bit. Schilling is an outspoken religious conservative, active on social media. He was suspended from his baseball game broadcasting duties last season after comparing Islamic radicals to Nazis in a Twitter post—not all that unreasonable, actually, but if ESPN has a policy against its employees making controversial political statements on social media, and apparently it does, Schilling was asking for trouble.

Indeed, Curt has nothing if not integrity when it comes to expressing himself, and he could not resist commenting on the transgender bathroom controversy, re-tweeting a particularly ugly meme on the issue:

transgender bathroom tweet

ESPN fired Curt. He had earlier in the year opined in a radio interview that “If I’m gonna believe, and I don’t have any reason not to believe, that she gave classified information on hundreds if not thousands of emails on a public server after what happened to General Petraeus, she should buried under a jail somewhere.” Allowing for hyperbole, that’s a perfectly legitimate position to take, but again, if ESPN doesn’t want Curt, who it was paying a million bucks or so, to take shots at someone it believed its audience members were fond of,  it can instruct its employees accordingly. It expressed its objections to Schilling, and he tweeted the meme anyway. Continue reading →

Indeed He Deserved All Of It, But Denny Hastert’s Sentencing Hearing Was A Legal And Ethical Travesty

/ Jack Marshall / 22 Comments

Hastert sentencing

“I am deeply ashamed to be standing here,” former Speaker of the House Dennis Hastert  told a judge yesterday at his sentencing hearing.  “I know why I am here … I mistreated some of the athletes that I coached.”

Wait…what? That’s not why Hastert was in court at all. He was before a judge for one reason: he violated banking laws and lied to the F.B.I.. The fact that he was a sexual predator and molested members of the wrestling team he coached many years ago is not the reason he was in court. It couldn’t be. The statute of limitations on all of those crimes, horrible crimes all, had expired. Hastert couldn’t be charged, tried or convicted of any of them.

I don’t understand why this hasn’t been the focus of the coverage of Hastert’s ordeal yesterday. Why did the judge think it was appropriate to “angrily” lecture him about his crimes that in the eyes of the law he must be considered innocent of by the legal system, because he cannot be found guilty of these crimes any more?

“‘If Denny Hastert could do it, anyone could do it,'” U.S. District Judge Thomas M. Durkin said. “Nothing is more stunning than to have the words ‘serial child molester’ and ‘speaker of the House’ in the same sentence.” Well, that’s very interesting, Judge. If  the late Ted Kennedy had been before you to be sentenced for, say, just a wild hypothetical, a drunk driving charge, would you lecture him about letting Mary Jo Kopechne drown in his car?

I may have missed it, but when O.J. Simpson was sentenced for burglary, I don’t recall the judge asking him to confess to murdering Nicole and Ron…did that happen?

Earlier this month, the judge and prosecutors allowed the trial to become a proxy trial for a crime that wasn’t on the docket, with prosecutors hammering at graphic details about the sex-abuse, describing how Hastert would sit in a recliner in the locker room with a direct view of the showers. The victims, prosecutors said, were boys between 14 and 17. Hastert was in his 20s and 30s. This is relevant to the charges against Hastert how, exactly? Answer: They aren’t. Continue reading →

Debbie Wasserman Schultz’s Authentic Frontier Gibberish In Defense Of Hillary

/ Jack Marshall / 13 Comments
Gabby Johnson for head of the DNC!

Gabby Johnson for head of the DNC!

I am going to add “authentic frontier gibberish” (or AFG ) to the Ethics Alarms glossary of special terms. It comes, of course, from a memorable moment in “Blazing Saddles,” but on Ethics Alarms it is usually used to describe either intentional or incompetent blather from politicians or others attempting to confuse the public, duck a question, or mislead everyone. It is deliberate communication malpractice, with the motive of not communicating but pretending to.

Seldom will you encounter a more ringing example of AFG than the foregoing. Democratic National Committee Chair Debbie Wasserman Schultz, a master at AFG,  was asked by Fox News’ Chris Wallace why she called the FBI’s investigation of Hillary Clinton’s possible national security violations in her handling of official e-mails “ludicrous.”

Here was her response… Continue reading →

A Federal Court Reinstates Tom Brady’s Suspension For Cheating

/ Jack Marshall / 27 Comments

Good.

What Brady doesn't get: When people think you cheated, the smirk is does as much damage as the conduct.

What Brady doesn’t get: When people think you cheated, the smirk is does as much damage as the conduct.

The U.S. Court of Appeals for the Second Circuit appeals court reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady yesterday. This overturned last year’s ruling by U.S. District Judge Richard M. Berman, who had nullified the league’s suspension of the superstar quarterback. The three-judge panel of the appeals court wrote…

“We hold that the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”

It is important to note that the Court only ruled on whether NFL Commissioner Roger Goodell had the power to suspend Brady and did not violate the player’s rights as a players union member by doing so. The NFL’s current deal with the players gives Goodell the kind of power Major League Baseball gave to its first commissioner after the 1919 Black Sox Scandal, when gamblers fixed the World Series. Goodell, like Landis, can use his discretion to punish a player for “conduct detrimental” to the game and the NFL. They did this because a disturbing number of NFL players were getting headlines for doing things that don’t comport with what the public expects of its paid heroes, like sucker-punching women, shooting people, getting in bar fights, and engaging in assorted felonies. The game also has a very successful coach, Brady’s coach, in fact, who has made it very clear that he will cheat whenever he can get away with it..

I’m not going to rehash the “Deflategate” incident: I wrote enough about it when it occurred. Nobody knows for certain if Tom Brady in fact did conspire with Patriots employees to cheat when his team was behind in a crucial play-off game, but we know this: Continue reading →

When Counting On Ethics Isn’t Enough: The Delegate Bribery Risk At The GOP Convention

/ Jack Marshall / 69 Comments
Fortunately, we all know Donald Trump doesn't operate this way...

Fortunately, we all know Donald Trump doesn’t operate this way…

This hasn’t come up before in party nominating conventions, because the last time there was a threat of a brokered convention no billionaires were running. Now, however, with Donald Trump likely facing a battle for delegates at the GOP battle looming in Cleveland, the specter has been raised of horribly unethical conduct being nonetheless legal: bribing delegates.

There are federal and state laws prohibiting bribery of elected officials, and laws making paying for votes illegal in elections. No laws seem to  restrict what private citizens serving as delegates at their parties’conventions can take in exchange for their votes on a nominating ballot, however. The closest, suggests former Bush administration lawyer Richard Painter at the Legal Ethics Forum, is the “theft of honest services” statute 18 U.S.C. § 1346, and it isn’t close enough. Continue reading →

George Stephanopoulos Grills Hillary

/ Jack Marshall / 3 Comments
"Hi, Hillary! Gosh, it's good to see you!"

“Hi, Hillary! Gosh, it’s good to see you!”

On ABC’s Sunday morning talking heads show, Hillary Clinton is being interviewed right now “one on one” by former Clinton machine insider George Stephanopoulos. This is, as I have pointed out before without rebuttal because there is no rebuttal, a grotesque example of unethical journalism, a screamingly obvious conflict of interest, and an insult to ABC’s viewers.

I resolved not to watch this inevitable loogie in the eye of respectable and fair campaign coverage, because until viewers refuse to be treated with such contempt, news departments will continue to be contemptuous. Some strange impulse forced me to light on ABC for exactly 23 seconds, and I got to hear Hillary go through the same focus group-tested talking points, rationalizations and lies she has been using to defend her e-mail machinations for a year—“Colin Powell did it too,” “national security wasn’t endangered,” “it wasn’t the best choice,” etc.—and to thank the President for compromising the integrity of the investigation while he was saying that he wouldn’t compromise the integrity of the investigation. There was enough ammunition in that single snippet to give any competent and objective interviewer an opening to expose her deceit for all to see. George’s response, delivered with a benevolent smile and the dreamy gaze of a true blue admirer…

“So, are you confident about this Tuesday?”

Res ipsa loquitur.

 

North Carolina Rep. Billy Richardson (D- 44th District) Now Says He Was Wrong To Vote For “The Bathroom Law”

/ Jack Marshall / 47 Comments

[CORRECTION: The original version of this post erroneously identified Richardson as a Republican. He is a Democrat. Ethics Alarms apologizes for the error. As far as the assessment of the conduct goes, I do not believe it makes any difference, however.]

Billy Richardson’s rational-sounding, remorseful, full-throated endorsement of diversity and respect for LGBT Americans is the most disgusting and damning piece of political weaseldry I have ever seen, and, I desperately hope, ever will see. This man voted for the new North Carolina law that validates oppression against gays and transgender individuals, and now “upon prayer and reflection,’ suddenly sounds like Dan Savage on a polite day. The law is a travesty, he says. It undermines the right to be free of discrimination based on one’s sexual orientation, he says. I agree with him, but why did he vote for the bill in the first place, and why is he suddenly a passionate human rights advocate now?

I can answer both questions, because they have the same answer. Both his vote and his sudden reversal are the result of having no principles, not integrity, no core beliefs, no courage, no honesty, and no business holding high office. The law was not mysterious: it is blatant in its objective and philosophy. Voting for such a bill is signature significance: no one who has any respect of regard for LGBT citizens, their families, or the Constitution under which they live would consider voting for such a law, unless the official voting just casts his votes according to where he senses the winds are blowing, and regards politics as a game of profit, like playing the stock market. Once the law provoked violent opposition and the likelihood that the 1) the state would lose revenue and jobs and 2) the fools who voted for such a despicable measure would pay a dear price, Richardson was suddenly filled with contempt for those  “who would demonize a group of citizens to gain political advantage and to advance an unjust agenda.” You know, like him.

“Instead of recognizing the right to be free of discrimination based on one’s sexual orientation, HB2 gives green light to this discrimination in housing, employment and other areas,” he writes.  “To paraphrase Supreme Court Justice Anthony Kennedy, we must never make any group of citizens a stranger to the laws of their own state.”

Gee, who sent that quote to him, God? He does tell us he was praying about this, after all. Boy, Richardson is quite a walking advertisement for the power of prayor! Just like that, BOOM!, his entire political, sexual and civil rights philosophy changed, and his favorite songs became “Kumbaya,” “We Shall Overcome,” “This Land is Your Land,” and “YMCA.”

Richardson is insulting his state’s citizens by showing that he regards them as gullible fools, and perhaps they are. I know that the foes of the bill will be happy to use him now as a politician who, mirabili dictu, has seen the light, even though he has outed himself as a cowardly, principle-free liar.

Does one of his bigoted colleagues who will fight like a rat to defend this awful law deserve more respect than Richardson? Absolutely! Richardson is the soldier who will switch sides as soon as it is clear that his own side is losing. He is the epitome of what Donald Trump’s supporters believe all politicians are–soulless, untrustworthy, craven, glib and able to wrap themselves in any disguise for a single purpose: their personal profit and survival. Such politicians are useless to anyone, and the scourge of democracy. Continue reading →