Anti-Terror Surveillance Flip-Flops, Fools, Converts and Heroes

Flag peek

There has been much ink and pixels spilled about the supposed hypocrisy of Republicans and Democrats in their disparate reactions to the revaluation of far more extensive phone and internet data-gathering by the government than those of us not wearing tin-foil on out heads ever suspected. For example, a recent Pew survey shows this...

Pew survey

Naturally, Republicans and Democrats are calling each other hypocrites, suggesting dishonesty and lack of integrity. There are surely some hypocrites in there, but for the most part, the flip-flopping is neither dishonest nor theoretically unreasonable. Even if we assume that the level of NSA intrusion under Bush and Obama administrations are the same (and to be fair, it appears that the current gathering of all domestic phone records goes well beyond what we understood to be the limited surveillance permitted under the Patriot Act), they are materially different in one key aspect, from the perspective of partisan citizens.

Think about it this way: Let’s say on successive days you discover your best friend and your business rival, both of whom visited your home for various reasons, looking through bills and financial papers on your desk. They did the same thing, but while you might be peeved at your friend, if he had a credible explanation like “I think I can save you some taxes,” you would not view his actions as sinister, and might even be grateful for it. When you found your rival looking over the same private papers, however, you would be furious, suspicious, and justly so. The difference is a matter of trust. You trust your friend, his motives and loyalty; you don’t trust your rival. Continue reading

Ethics Observations On The NSA Surveillance Revelations….

NSA

My current ethics observations on the unfolding NSA story:

  • I do not have enough facts to conclude that what NSA whistleblower Edward Snowden did was truly heroic, but if one is going to be a whistleblower, Snowden did it the ethical way. Snowden decided not to hide his identity, and accepted responsibility for his actions. If his motives are as he has represented them-“I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant,” he wrote in a note accompanying his first set of leaked documents—-then he acted courageously and selflessly. Whether or not he also acted responsibly depends on whether he correctly weighed the possible harm of his leak against its benefits. Since its benefits include exposing what may well be ruled to be an unconstitutional and overly broad violation of citizens’ rights, I’m not certain any harm would sufficiently outweigh them in ethical balancing.
  • If it is true, as he says, that Snowden himself had the power to examine private communications of citizens who were not suspected of any crime, then the representations of Sen. Feinstein, the President and others that the NSA program was reasonable and not an abuse of power is not only untrue, but a lie. Snowden is a high school dropout, a consultant, about whose judgment, reliability and trustworthiness the NSA knew next to nothing, and what they thought they knew was obviously wrong, since he betrayed the agency. If such massive power to invade private communications and thoughts is casually placed in the hands of such an individual by a security agency, what other faceless future power-abusers have been similarly armed? Continue reading

A Handy Review of Dishonest Scandal-Obscuring Talking Points

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

“Hello, Hello, Hello…Hello!” An Ethics Dunce Trio: Newspaper, Sportswriter, President

the-three-stooges

I have a lot of catching up to do with ethics issue backed up as far as the eye can see, so I will try to deal efficiently with the three Ethics Dunces that confronted me this morning:

Ethics Dunce #1 : The Washington Post Continue reading

The White House Is Lying To Us. Again. Why?

David Plouffe...or Dan Pfeiffer...it doesn't matter, really...the voice is the same.

David Plouffe…or Dan Pfeiffer…it doesn’t matter, really…the voice is the same.

Nobody of sound mind who listened to top White House advisor (he’s the current David Axelrod) David Plouffe spin like the Wheel of Fortune on ABC’s This Week with George Stephanopoulos could continue to deny that the White House, a.k.a Barack Obama, is determined to obscure every thing and anything it can that might help us assign accountability for the Administration’s negligent oversight and management, if not outright abuse of power. The smoking gun was that this pre-programmed, trained and paid mouthpiece said this:

PLOUFFE: Well, I’d say first of all, you know back in the previous — or the prior administration, the NAACP was investigated after Republican members of Congress asked for it. But there’s been no suggestion — the independent — the prosecutor looked at this — excuse me, the inspector general, and said there was no politics involved in this. No one has indicated at all that the White House is involved. The IRS director was appointed at — under President Bush, served under both presidents attested. No one from — so, this was not a political pursuit.

I don’t know if it was “a political pursuit” or not, but I do know that when the people in power desperately don’t want their fingerprints to be found on something potentially sinister like this, I am more suspicious than I would be if they just let the facts out: Continue reading

Ethics Quote of The Week: Washington Post Blogger Jennifer Rubin

“How about this for a new communications plan: No one investigates themselves. No one take the Fifth. No executive privilege is asserted to protect anyone in the White House from testifying. Everyone tells the truth. And Holder goes. Otherwise it just looks like more spin and more prevarication from a White House determined to do everything but tell the truth, the whole truth and nothing but the truth.”

—-Washington Post conservative blogger Jennifer Rubin, discussing the Obama Administration’s defensive and evasive posture in response to the various scandals within.

Good sign!

Good sign!

I was torn about how best to raise the issue of why Eric Holder’s removal as Attorney General is an ethical imperative. Labeling President Obama an Ethics Dunce in his ridiculous decision to leave the investigation of Holder’s conduct in the various news media investigations to the Justice Department itself was fair, but obvious. Noting the apparent dishonesty of Holder’s denial to Congress that he was involved in the surveillance of James Rosen—

“In regard to potential prosecution of the press for the disclosure of material — this is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

—-seemed too easy, and I also do get tired of the word-parsing employed by the seemingly impenetrable Obama defenders here, for which this would be blood in the water. Continue reading

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

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)

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

A Side Benefit of the I.R.S. Scandal: Self-Identification By Dishonest Partisan Hacks

You know better, Gov.

You know better, Governor.

I mentioned this once already, but it bears repeating: any spinner, excuser, minimizer or defender of the I.R.S. scandal who uses the “it was a Bush appointee” talking point has insulted your intelligence or impugned his own, as well as marked himself or herself as an untrustworthy hack. I’m taking names and making lists myself now, and it’s growing by the hour.

Yesterday I added Pennsylvania Governor Ed Rendell, whom I once believed had some integrity, and Donna Brazile. Today Richard Cohen, among others, joined the list. It really is shocking, and it’s increasingly more difficult to shock me. It is also ominous. Things we haven’t yet learned must really be ugly for such a transparently desperate excuse to be trotted out so early by people who almost certainly know what garbage it is.

Yesterday I heard Rendell literally drive Joe DiGenova, the former Attorney General, to apoplexy—Joe’s eyes were popping out of his head and I though he was going to fall over to the floor foaming at the mouth— by stating repeatedly that the I.R.S. fiasco “couldn’t be a conspiracy because a Bush appointee was in charge.” This is either unbelievably ignorant or despicably dishonest, and I suspect the latter. As I wrote in a previous post, Continue reading

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

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.