Jonathan Turley

Ethics Quiz: The Smokeless Tobacco Ban

/ Jack Marshall / 68 Comments

Chicago recently became the fourth city—Boston, Los Angeles and San Francisco—to enact a ban on using smokeless tobacco in sports stadiums. I initially ignored it, in part because I never use the stuff and have never known anyone who did, and in part because I knew that Major League Baseball has been trying, with some success, to discourage its ballplayers from chewing and especially spitting on camera, since it is a) disgusting and b) encourages impressionable tykes to take up an ugly and perilous habit. I’m inspired to make the issue an ethics quiz because of the pronouncements of law professor-blogger Jonathan Turley on the issue and the vociferous debate his comments sparked on his blog.

Turley wrote…

This is a lawful product like smoking tobacco. People have a right to make choices about their lifestyle so long as they do not harm others. That is why I always supported the bans on smoking in public areas due to the second-hand smoke research. That is an externalized harm. What is the externalized harm of smokeless tobacco?

…I happen to deeply dislike smoking and I find chewing tobacco disgusting. I also do not question the link to serious health problems like cancer. However, that should be the subject of an educational campaign by the government and MLB. Yet, in the end, people need to be able to make choices in our society rather than go down the path to paternalistic legislation regulating our good and bad choices.

His supporters on the blog were typified by this comment by Beth (not our Beth, I presume)…

“Tobacco, in all forms, is NOT a singular activity that affects no one else. Tobacco use weighs very heavily on the public at large in the form of health care costs, higher insurance premiums, toxic litter, poisoned air and ground spit. To suggest that limiting tobacco, smokeless tobacco and e-cigarettes should not be controlled substances goes against all manner of policy for the public good. Wrong stance, Mr. Turley.”

This comment, from “wonderer,” is a fair summation of the other side, which mostly came from the libertarian side of the metaphorical aisle:

“The efforts to ban “icky” behaviors are of a piece with the bans or taxes on sugared beverages. What seems to be happening is that some people want to push bans on behaviors of “out of favor” groups. Those “big soda” people are Walmart denizens, so they clearly need to be told what to do. But keep hands off urban bicycling. As risky as that is, it’s one of the things “enlightened” people do. Bans (at least here in California) seem to be all about the condescension.”

Your Ethics Alarms Ethics Quiz of the Day:

Is a ban on smokeless tobacco in ballparks an abuse of government power and an unethical breach of personal choice, autonomy and liberty, or is it a responsible use of government power to encourage public health and safety?

I’ll hold my fire on this one until sufficient numbers weigh in. Remember, the issue here isn’t policy, but ethics.

 

 

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

/ Jack Marshall / 11 Comments

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“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →

Ethics Alarms Reminder: Don’t Forget About The Links…

/ Jack Marshall / 11 Comments

Homemade-Sausage-Recipes jpg

Those links to other websites on the left are seldom accessed, I suppose because most blogs accumulate them on a quid pro quo basis: link to me, and I’ll link to you. Ethics Alarms doesn’t do that. If the link is there, it’s because I use the site to identify ethics issues or as an information resource. I don’t remove links because a site has removed mine or refuses to link to this one; I don’t take revenge on bloggers who write nasty things about me, either.

This isn’t personal, it’s just ethics.

I’ve been meaning to highlight some of the links for a long time, so readers might be moved to check them out. I assume you are familiar with the news aggregation sites, right, left and center, that I use the most: Mediaite, Politico, Drudge, The Daily Beast, Huffington Post, Google News, Think Progress, memeorandum, and Fark (great for teacher scandals!), as well as the ones that I don’t use, because they are either too biased to trust or have proved untrustworthy, like Breitbart, Buzzfeed, Gawker and The Daily Kos. (I am close to abandoning the Daily Caller as well.) Here are eleven links you should explore; I’ll have other lists of links for you now and then: Continue reading →

The Clinton E-Mail Scandal, Part One: Ethics Corrupter For President! Her Campaign’s “Nonsense” Memo

/ Jack Marshall / 22 Comments

I'm just making an analogy here--I'm not saying those tentacle-shooting vamps in The Strain are Clinton supporters. That doesn't mean they aren't, though...

I’m just making an analogy here–I’m not saying those tentacle-shooting vamps in The Strain are Clinton supporters. That doesn’t mean they aren’t, though…

Portraying the currently developing scandal regarding Hillary Clinton’s e-mails while Secretary of State as just politics and the “kind of nonsense” that “comes with the territory,” Clinton flack Jennifer Palmieri  sent out a detailed message to Clinton supporters and Democrats. It is designed to mislead them about the critical issues raised by this matter, which are certainly not nonsense, to coordinate with the news media, which is trying desperately and unsuccessfully to embargo this story because it is damaging to Democrats (more on this in Part Two), to make the public dumber about how leadership and government works, and to provide slick rationalizations to those Clinton supporters inclined to be part of the disinformation campaign.

This is sinister and disgusting stuff, the essence of ethics corruption. For an unethical leader, like Clinton, to gain power, she must make a large proportion of the public insensitive or outright ignorant of basic ethical principles, and, if possible, as unethical as possible. The effort to trivialize this serious example of what’s so wrong with Hillary Clinton as just another “vast right wing conspiracy” is part of this process. Continue reading →

Ethics Verdict: Hillary Clinton, As Well As Her Spokespersons, Directly And Intentionally Lied About Her Emails, And The News Media Has An Obligation To Make That Clear

/ Jack Marshall / 17 Comments

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The fact that Hillary Clinton is a serial liar and is preparing to deceive her way to the Presidency of the United States is of utmost importance to the nation. This is a fact, by the way. So far, the news media has allowed the usual Clinton strategy of obfuscating, denying, confusing and blurring instances of their misconduct, as well as distracting attention with new scandals involving them (like this one), succeed as it has in the past. This must stop. Contrary to the Clinton Credo, character matters, and the greater the power a leader has, the more it matters. A leader who engages in blatant lying has no respect for those she leads, and cannot be trusted. Those who cannot be trusted should not lead. The news media has an obligation to let us know who cannot be trusted.

It is as simple as that.

We watched that classic Clinton strategy in action when two inspector generals announced that they were calling upon the Justice Department to investigate Hillary’s alleged mishandling of classified Sate Department materials via her private server, in violation of government policies, her own department’s policies, and responsible stewardship and principles of cyber security. Immediately, Clinton began muddying the water and boring the public by launching a dispute over whether or not it was a “criminal” investigation, using undue influence to get the New York Times to change its story, and suddenly making the controversy about the messenger rather than its message.

Oh, the Clintons are good at this, no doubt about that.

Now here is another example in the same controversy.  Though Clinton has insisted that there was nothing classified on her email system and that any dispute is just a technical dispute “between agencies” 41 of the messages turned over to State by Clinton were recently given classified status by the State Department. Clinton’s word-parsing defense has been that she did not send or receive any material marked classified, but as law professor Jonathan Turley explained succinctly (he has been in the classified loop in the past), virtually anything coming out of the office of the Secretary of State would be automatically considered classified as a matter of course until it was reviewed and determined not to be classified. Clinton’s denials are based on typical deceit designed to fool the uninformed: her exchanges on her illicit private e-mail server weren’t classified because they were made on her illicit private e-mail server!

(Meanwhile, there are all those other e-mails Hillary had destroyed before the State Department could review them and after she knew that they would be subpoenaed.  Who else has them? Never mind: we trust Hillary’s judgment, right?)

Writes Turley in his latest post on this topic (like me, the usually liberal George Washington University law professor professor seems to be especially offended by Clinton’s dishonesty, recklessness and smug denials ): Continue reading →

Ethics Observations On Cincinnati’s Fountain Square Incident And Its Aftermath

/ Jack Marshall / 16 Comments

At a Fourth of July concert in Cincinnati, police had to fight their way through a mob to rescue a white male who had been nearly beaten to death as the crowd made up primarily of African Americans and Hispanic-Americans mocked him. Here is a video of the scene, if it is still up: YouTube has removed it more than once.

Observations:

1. What kind of people act like this? How do they get this way?

2. There is a controversy over whether the incident should be investigated as a hate crime. Idiocy. Madness. The discussion itself shows how silly the entire hate crime concept is. Would a group of whites mocking a bleeding white man be any less offensive to community values than a group of blacks doing so?

3. It is especially silly, not to mention offensive, when the government applies the law in a biased fashion—but then, that was always its intent.  Here is law professor Jonathan Turley tripping over his metaphorical tongue to avoid stating the obvious:

“It is not clear if there was a racial component to the crime and I would not immediately expect a hate crime investigation in such a case. Various blogs however are arguing that the Administration and local officials often immediately pledge to pursue such cases involving a black victim and white officers or assailants as a possible hate crime. I have tended to caution that such early framing of cases can have a distortive or dysfunctional impact absent clear evidence of a racial motivation. For example, while some in this crowd may have been celebrating the fact that the victim was white, it does not mean that the original attack was racially motivated.”

Oh, come on, professor. Stop spinning. The Obama Administration, the Justice Department and local officials in many cities have displayed a hair-trigger readiness to automatically consider any incident a suspected “hate crime” where a white police officer is involved in harming a black victim, absent taunting, absent the kind of revolting evidence present in this case. It isn’t “early framing,” it is racial politics and pandering to the mob and the media. On what basis were George Zimmerman and Darren Wilson subjected to federal hate crime investigations, if this video won’t prompt one? Continue reading →

Ethics Dunce: University of Missouri

/ Jack Marshall / 23 Comments
Robert Todd Lincoln would have refused this gig...

Robert Todd Lincoln would have refused this gig…

All right, I know this is the lowest of low-hanging fruit, but come on.

The University of Missouri at Kansas City just opened a Women’s Hall of Fame and sought an appropriate female leader to speak at the gala luncheon launching it. It not only chose a non-leader, non-accomplished, non-much of anything except lucky rich kid Chelsea Clinton, but also paid $65,000 for her to speak (she’s also a non-professional speaker) for only ten minutes, and then to answer questions—which carefully crafted limitations on the questions—for another 2o minutes.  The money goes to the Clinton Foundation, which makes no difference to the ethics of the transaction, which are revolting in many ways:

1. $65,000 for a ten minute speech—that rate is about 11 thousand bucks a minute— is outrageous unless the speaker is Abe Lincoln. It is virtually impossible to say anything in ten minutes that is especially valuable, and unlikely to the vanishing point that Chelsea Clinton is one of the rare people who could accomplish it.

2. Any college or university that cannot find a better legitimate educational use of $65,000 than this is too inept to stay open.

3. The school says that Clinton’s fee was funded by private donors, meaning that $65,000 worth of donations that could have gone to, say, scholarships were diverted into the Clinton Campaign and Influence Peddling Slush Fund. Continue reading →

The Trooper,The Law Clerk, And The Deer

/ Jack Marshall / 12 Comments
This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading →

Outrageous, Unprofessional, Unethical Judge Michael Cicconetti

/ Jack Marshall / 21 Comments
Pepper spray in the face? Uh, that's not what we mean by "blind justice"...

Pepper spray in the face? Uh, that’s not what we mean by “blind justice”…

In Painesville, Ohio, Municipal Court Judge Michael Cicconetti decreed that Diamond Gaston, tried for assault for pepper-spraying another woman in the face, had to choose between spending a month in jail or getting pepper-sprayed in her face by the victim. Judge Cicconetti—the sly fox—had secretly had the pepper-spray replaced with a saline solution without telling Gaston, who was his victim. In the same week,  Cicconetti sentenced a woman who failed to pay a cab driver for a 30 mile trip to the choice of jail time or paying $100 restitution and walking the 30 miles she stole from the cabbie. This got him on all the cable news shows, so obviously it was a great idea.

Law Professor Jonathan Turley was so upset by these absurd sentences (and others he has condemned) that his blog post on the topic is (uncharacteristically) riddled with errors, as if he wrote it while screaming as tears blurred his eyes. Maybe he did. Unlike your host, Turley is usually reserved and understated, but this really got to him. Here: my view is substantially the same as his, so let’s give the professor his say (with a little editing): Continue reading →

Obama Administration Ethics Train Wreck Update: The James Clapper Perjury Follies

/ Jack Marshall / 29 Comments
NSA head James Clapper testifying, forgetting, speaking in code, misleading or lying. Something. Whatever.

NSA head James Clapper testifying, forgetting, speaking in code, misleading or lying. Something. Whatever.

The Obama Administration not only lies, but encourages and rewards lying. This is an inescapable conclusion. The saga of James Clapper’s perjury before Congress is a perfect, and depressing example.

At a March 2013 Senate hearing, Senator Ron Wyden, prompted by the leaks of classified information through Edward Snowdon, asked head of the NSA James Clapper, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

“No, sir,” Clapper replied. “Not wittingly.”

That means, by any assessment, “If we do, it’s not intentional.” That was a lie. Clapper knew it was false. Wyden later said that he had sent his question to Clapper’s office a day before the hearing, and after the hearing had given Clapper’s office a chance to correct the misstatement after the hearing, but it did not. In June, the nation learned that the agency was routinely collecting data on the phone calls of millions of Americans. (This was the program just declared illegal by a federal court.)

NOTE: The original post erroneously attributed the decision to the Supreme Court. It hasn’t heard the case yet. That was a bad and careless mistake, and I apologize for it. Nothing like not checking your own links, Jack.

The government, including Clapper, has now attempted a dizzying array of rationalizations, excuses and obfuscations to avoid the unavoidable conclusion that Clapper lied to Congress while under oath, that he should be prosecuted, or at very least be fired by that leader of the Most Transparent Administration in History That Somehow Manages To Lie every Time A Mouth Open, Barack Obama. Even by the standards of this sorry administration, it’s an ugly journey into the cold heart of an untrustworthy government. Continue reading →