New Rule For 2016: Elected Officials, Politician And Presidential Candidates Will Be Accountable For What They Say, Not What They “Meant To Say”

You know that quote time machine that politicians keep using? It doesn't exist. Stop letting them act as if it does.

You know that quote time machine that politicians keep using? It doesn’t exist. Stop letting them act as if it does.

We have a growing mass of public figures in politics and government who increasingly communicate in sloppy, vague, hyperbolic and ambiguous language and assume that they can wait and see how the public reacts to it before they, their spokespersons, defenders, enablers or friendly pundits need to clarify what they “really meant.”

Well, the hell with that.

Communication precision is more crucial than ever in the new, technology-driven public media, when tweets can be circulated to millions within minutes, and on-camera statements live on YouTube forever. This habit of allowing influential figures to spout lies, nonsense , smoking gun revelations about their character and worse and then insist on a do-over when they are called on the obvious meaning of their own words must stop. Among other things, it appears to be killing the little switch in the brains of these people that is supposed to stop human beings from saying stupid things before they say them. That switch goes by the name Prudence, which  encompasses common sense, respect, responsibility, restraint, honesty in communication, and more. We should want our leaders to have that switch working perfectly. Unfortunately, most of our most prominent leaders and would-be leaders appear not to have a functioning switch at all. Continue reading

Unethical Tweet Of The Month: Carly Fiorina

carly tweetThe above New Year’s Day tweet was issued by Republican Presidential hopeful Carly Fiorina, now campaigning in Iowa for February’s caucuses, as Stanford and Iowa prepared to do battle in the Rose Bowl. (It was a rout: Iowa got clobbered.)

Fiorina is a  Stanford alum, and the tweet backfired, it seemed, with many on Twitter finding the tweet revealing, and not at all in a good way.

Are there any plausible translations of the tweet that reflect well on Carly’s character? Let’s see: Continue reading

Ethical Quote Of The Week: GOP Senator And Presidential Candidate Lindsey Graham

lindsey_graham

You know what, I’m not your candidate. I don’t want you to vote for me. I couldn’t disagree with you more.”

-South Carolina Senator Lindsey Graham during an election event in Des Moines, Iowa, after an Iowan Republican in the crowd.suggested banning Islam.

Later Graham said, “He’s got a right to say whatever he wants to say, but I have an obligation to the Republican Party, to the people of Iowa and the country as a whole to be firm on this. I’m not buying into that construct. That’s not the America that I want to lead.”

I will await the first Democratic Party candidate who demonstrates similar integrity with an equivalent reply to a supporter who advocates banning hate speech.

I suspect I will wait until the stars turn cold.

Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, Continue reading

Is There An Ethical Interpretation of Hillary’s Response To The Illegal Immigration Activist In Iowa?

Psst! The "thumbs up" really means, "I like your shoes"...

Psst! The “thumbs up” really means, “I like your shoes”…

In case you missed it while waiting for the next NFL player to beat up someone, Hillary Clinton, who is in Iowa theoretically testing the waters for a Presidential bid, answered this way when pressed by an activist on the rope line to give her views on President Obama’s delay of his promised executive order granting some privileges to illegals…

“I think we have to elect more Democrats.”

What did she intend to convey by this, and can such an intent possibly be defended? Some possibilities:

A. Translation: “I am running for President, and to be successful, I can’t possibly tell you my real views on this topic, since whatever position I take will lose votes. So I’m going to answer with a non-sequitur, as if I didn’t hear the question.”

Is this ethical? No. It’s an important issue, and if she is running for President, she has an obligation to communicate her views. If she has a position but doesn’t have the integrity and courage to communicate it, that’s cowardly and a breach or responsibility.

B. Translation: “We risk losing at the polls in November if voters know what the President really intends to do, and those who stand to benefit from his unilateral act circumventing the democratic process will vote Democratic anyway, even if the delay infuriates them. So it’s the smart move.”

Is this ethical? Surely not. It’s an admission that the President is trying to gull low-information voters, and that she approves of the strategy. It’s an expression of support for allowing the deportation of human beings for speculative political gain. It’s an endorsement of “the ends justify the means.” Continue reading

Ethics Observations On Rep. Braley’s Anti-Farmer Insult

A farmer, a framer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

A farmer, a farmer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

You wouldn’t know it if you read only mainstream media sources (Translation of ” mainstream media sources”—“supposedly objective and neutral news outlets that edit the news to do minimal damage to candidates, parties and policies that their overwhelmingly left-leaning staffs support”), but the presumptive Democratic candidate for Sen.Tom Harkin’s soon to be vacant U.S. Senate seat in Iowa insulted farmers (this is Iowa, remember) in a speech and was caught on video.

In a private fund-raising appearance before Texas trial lawyers, Rep. Bruce Braley warned of the consequences of a  Republican Senate majority by saying

“You might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because, if Democrats lose the majority, Chuck Grassley will be the chair of the Senate Judiciary Committee.”

Some observations:

  • The insulting characterization of farmers (as well as  Grassley) is being compared to Mitt Romney’s infamous statement to some big money donors about “the 47%,” which was captured surreptitiously by Jimmy Carter’s son-in-law and used to stir up the Democratic base. As in the case of Romney, I will point out that surreptitious recording and publicizing of what is said at any private event is unethical, flat-out wrong, no matter who does it, or for what reason. Private functions should be respected, as should what is said there, unless there are criminal conspiracies afoot.

Continue reading

Cartoon Ethics: The Washington Post’s Stupid Elephant Trick

Trainwreck Cartoon

The above cartoon, by reliably liberal op-ed cartoonist Mike Luckovich, who draws cartoons for The Atlanta Journal-Constitution, was run in the Washington Post this Saturday. It immediately reminded me of why, in a previous post, I suggested that the simple-minded, factually misleading art of editorial cartoonists needed to be retired. I wrote:

“Cartoons, by their very nature, deal in caricature, exaggeration and extremes for metaphorical and humorous effect. The practical effect of this, however, is that the opinions expressed through cartoons are also “supported” in a manner that would be outrageous in a written opinion piece. I know: you can’t hold a cartoon to the same standard as an op-ed. Fine—then don’t put it on the editorial pages.”

This, if anything, was worse than the Tom Toles cartoon that provoked that commentary. This Democratic talking point—more like ducking point–got graphic representation the day following another wave of bad news about the dysfunctional Affordable Care Act and how thoroughly it has been botched by the Administration. Right before Christmas, the Post’s front page carried an infuriating story about how, after waiting two years before considering how to set up the Obamacare website, the Administration chose a company that even cursory due diligence would have revealed as untrustworthy and incompetent:

“Not considered in the 2011 selection process was the history of numerous executives at CGI Federal, who had come from another company that had mishandled at least 20 other government ­information technology projects more than a decade ago. But federal officials were not required to examine that long-term track record, which included a highly publicized failure to automate retirement benefits for millions of federal workers.”

Republicans caused that trainwreck? The same day the cartoon ran, this was in the news:

The Iowa Department of Human Services says problems with the federal healthcare website has led to a delay in processing policyholder information and is asking 16,000 Iowans to reapply for Obamacare using the state website or call center.”

And did Republicans force the President to lie repeatedly about how the law wouldn’t take away anyone’s current plan or doctor? Indeed, they warned that what happened would happen, and were attacked and ridiculed while the media bolstered the President’s disinformation campaign. That, as much as the website, has made the public perceive Obamacare as a trainwreck. The mean old GOP elephant is to blame for that? As I noted in the earlier post, an editorial cartoon shouldn’t be permitted to spread falsehood and misunderstanding, and a respectable newspaper shouldn’t actively engage in the blame-shifting and denial process, which is the full-time occupation of Affordable Care Act defenders these days.

Then I searched for the cartoon on line, to determine who drew it (his signature was illegible in the size published), and for the first time, was able to read the date. The cartoon was drawn on July 29, 2013! This was after the “trainwreck” label was being wielded by Republicans because Democratic Senator Max Baucus used that term to describe his—as it turned out, accurate—assessment of how the Administration’s public information campaign was going, not the law itself. Yes, the Republicans were working to impede the progress of the ACA then, because they were convinced the law would lead to disaster. Still, Luckovich’s cartoon, while partisan, was hardly unfair or misleading—in July.

Now, however, it assumed a different meaning. The date wasn’t noted by the Post: I thought it was a new cartoon, which means I thought Luckovich was engaging in MSMNC-style historical air-brushing. The cartoonist wasn’t, however.

Was the Post? Was it deliberately using Luckovich’s dated cartoon to bolster its desperate Obama-defending readership with the baseless accusation that the GOP was really behind the law’s current travails? Or was it just being careless, reckless, inattentive and unprofessional–you know, like most of the news media. most of the time?

I don’t know. I do know that the Post owes its readers and Luckovich an apology, the former for treating them like idiots, and the latter for making him look like one.

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Sources: Opposing Views, Washington Post

The Lawyer, The Bar And The Nigerian Prince: A Bar Can Teach A Lawyer Ethics Lessons With Sanctions, But How Does It Fix Stupid?

"YOU again!"

“YOU again!”

It can’t.

You can read, here, the jaw-dropping Iowa Supreme Court opinion affirming a one-year suspension of Iowa lawyer Robert Allan Wright Jr.for talking his clients into loaning money to…that ubiquitous Nigerian Prince. Wright  solicited more than $200,000 in loans from five current and former clients, promising them they would receive as much as quadruple their investment when proceeds of the inheritance described in that helpful e-mail was obtained.  He was only going to take a 10% contingency, which is actually very reasonable…or would be, if this hadn’t been a scam.

After his clients lost all their money, Wright was cited for violations of several Iowa Rules of Professional Conduct, including… Continue reading

“Lookism” And The Plight of the Borgata Babes

"Uh...Desiree? We need to talk..."

“Uh…Desiree? We need to talk…”

Atlantic City’s Borgata Hotel Casino & Spa calls its waitresses the “Borgata Babes,” and makes its hiring decisions accordingly. The cocktail waitresses’ job description requires part fashion model, part beverage server, part hostess, and entirely eye candy for the male of the species.  When the casino  hires a new BB, it weighs her. If her poundage increases by more than 7 percent, the casino reserves the right to suspend her until she’s back in flirting trim.

Anyone could see this lawsuit coming a mile away, and sure enough, twenty-two newly-portly babes lost a lawsuit against the casino in which they claimed sexual discrimination. (There are no male equivalents to the Borgata Babes, just the usual ugly, flabby male waiters and bartenders.) New Jersey judge Nelson Johnson ruled last week that the Babes are paid sex objects, and that the Borgata’s requirements were legal because the women were aware of them and accepted them as a condition of their employment. Johnson wrote, “Plaintiffs cannot shed the label ‘babe’; they embraced it when they went to work for the Borgata.”

Slate, in writing about the case, sees the ruling as an endorsement of weight discrimination that could spread like the flu, putting corpulent women and men on the breadlines. ” Says Slate:

[T]he ruling also raises questions about the role of babes in workplaces across the country. It’s conventional wisdom that male gamblers will keep pulling away at the slots as long as they’re lubricated by strong drinks served up by babely women. But wouldn’t some female patrons prefer to be served be hunky pieces of man candy? And couldn’t most workplaces argue that its jobs are better performed by babes, regardless of the venue? Is it OK to require that strippers be babes? Casino waitresses? How about investment bankers?”

Now there’s a slippery slope argument if I ever saw one. While it is true that physical attractiveness can be an employment asset in virtually any job—note #2 on fired TV reporter Shea Allen’s “confessions”— there are some jobs for which it is the primary, or at least a substantial and thus legitimate requirement. Strippers, of course. Fashion models. Cheerleaders. Actresses. Personal trainers. Fox newsreaders. Hooters girls, and pretty obviously, Borgata Babes. To say that a business can’t make a decision to have fantasy sex objects as part of its appeal is an excessive use of political correctness grafted to state power. Essentially, the suing Babes are arguing that they can pull a bait and switch—use their well-toned beauty to get hired, agree to maintain the high standard of visual perfection that they presented to their employer, then go to pot and sue if their employer objects. Beauty is an asset in the workplace and a tangible one: the pressure on the culture to behave as if that asset doesn’t exist (the pejorative labeling of a preference for the lovely over the hideous as “lookism” is the weapon of choice) and to prohibit employers from ever hiring on that basis in jobs where it is a substantial and relevant qualification is as unfair to the fit and comely as requiring an investment banker to look like Kate Upton.

Since the law will require, and should require, clear standards, there will need to be a legislative determination of what kind of jobs for men or women can justify termination when their occupants become unsightly. The law should also, however, permit a job applicant’s appearance to provide a legitimate and legal edge when all other qualifications are equal even when the job itself does not have any beauty or fitness requirements. I do not deny that this is an ethical and emotional minefield, implicating age and race bias, and that there are some contentious battles to be fought. I do deny that the Borgata Hotel Casino & Spa is the place to fight one.

One place where the appearance discrimination battle does need to be fought is Iowa, where the case I wrote about earlier, in which a hen-pecked dentist sought to fire his attractive and competent assistant because he found her “irresistible” and his wife was jealous, had the same ridiculous resolution last week. Yet another Iowa court ruled that her impeccable appearance was a legal justification to can her. That’s as outrageous as firing a dental assistant because she’s put on a few pounds, but being a “babe”—or not—should be irrelevant to one’s skill in flossing teeth.

It does give some hope to the ex-casino waitresses. I hear they are hiring unsexy dental assistants in Iowa.

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Facts: Time

Sources: Slate, UPI

Graphic: YouTube (Yikes!)