Morning Ethics Warm-Up: 7/16/2017

 Isn’t it a lovely morning?

1. This isn’t the first post of the day: I woke up around 4 AM and couldn’t get back to sleep (“As My Guitar Gently Weeps” was playing over and over in my head, don’t ask me why, and images from the Red Sox 16 inning loss to the Yankees was giving me the night terrors), so I went to the office and wrote this post. Charlie Green, critic and friend, properly pointed out that my comment in passing that incorrectly alluded to rumors about Joseph P. Kennedy being a bootlegger was exactly what my  post was criticizing David Brooks for doing in his attack on the entire Trump family, going back generations, a truly ugly op-ed.

What I was sorely tempted to say was that I’m just an ethics blogger, trying to focus attention on ethics standards in a daily blog from which I receive no income and intangible professional benefits if any. I mange to get 2000-4000 words published every 24 hours, working in short bursts while I try to earn a living, run a business, do research and be as good a father and husband as I can be. I have no editors, no researchers (except generous volunteers) and my blog is not a “paper of record” for journalists, seen by millions and paid for by subscribers. Is it really fair to hold Ethics Alarms to the same standards as David Brooks and the New York Times?

Make no mistake: my own standards are that no typo, no misstated fact, no misleading argument, are acceptable on an ethics blog, or any blog, or anything published on the web. Charles was right: using an unproven accusation of long-standing (Until Charles flagged it, I thought the bootlegging charge was a matter of public record) undermines my case against Brooks. Nonetheless, Brooks has absolutely no excuse. This is all he does, he has all week to produce a column or two, and he has a staff.

I’ve also corrected my error within hours of making it. What are the chances that Brooks and the Times will ever admit that they intentionally impugned the character of Fred Trump using rumors and innuendo as part of their ongoing effort to demonize the President of the United States?

My guess: Zero.

2. The big story this morning appears to be O.J. Simpson’s parole hearing. Will he be paroled and released after serving just nine years of the three-decade sentence he received for his participation in a burglary? Assuming that it is true that O.J., now 70 and unlikely to stab any more ex-wives and innocent bystanders to death, has been a model prisoner, yes, that would be the ethical result. O.J. got away with a double murder—he will not be asked at the hearing, “Once you’re out, can we assume that you’ll renew your relentless hunt for the real killer?”—but he wasn’t put in prison for that crime. Officially, he’s innocent. His fellow burglars were all put on probation, while the judge threw the book at the former football star, presumably to exact a measure of societal revenge for Nicole and Ron. The sentence was unethical. I don’t feel sorry for O.J. at all; I’m glad he had to serve hard time, just as I would have been happy if he had been squashed by a meteor. Justice, however, demands that he go free.

The bastard. Continue reading

Ethics Perspective: All Leaders Do Awful Things, And Many Are Awful People: All We Can Do Is Identify Leaders Who We Can Trust To Try Be Ethical, While Having The Ability To Lead

Roosevelts

Case Study I: Theodore Roosevelt.

Teddy’s easily my favorite President, both as a personality, a leader, and a human being. Almost all of his flaws, and he had plenty—the excessive animal-killing, the imperialism, the love of war, his sexism and intrinsic belief in white supremacy—are directly attributable to his times and class. He learned, because he was brilliant and intellectually curious. Like George Washington, TR was capable of evolving. He wanted to do good, and like all of us, was on a lifetime journey to find out what good was. Like most leaders who are capable of leading, he thought he had a pretty good idea of what was right, and one that was better than those of almost everyone else.

In at least one instance, however, Roosevelt personality and leadership style led to a terrible injustice.

On August 13, 1906, there was a race-related fight in Brownsville,Texas. It got out of control, turned into a full-scale riot, and one white police officer was wounded while another man, a bartender, was killed. The town blamed the black soldiers of the 25th Infantry stationed at nearby Fort Brown; tensions between the soldiers and the all-white town had been growing since the blacks arrived.  The town produced spent shells from army rifles as evidence of the soldiers’ guilt, and investigators accepted them as incriminating, though they probably were planted.

All the soldiers protested that they were innocent. Their white officers backed up their claims that the soldiers had been in their barracks at the time of the melee.  No military trial was ever held, but a Texas court cleared the black soldiers of wrongdoing. Nevertheless, President Roosevelt discharged  the entire regiment without honor anyway: 167 men, but only the blacks; the white officers were not disciplined.  The alleged cause for the harsh punishment was that the blacks had engaged in a “conspiracy of silence” to protect the guilty member of their regiment. Some of the men dismissed had over twenty years of  honorable service; one had fought alongside Roosevelt during the Spanish American War. Many were only a short time away from retirement and vested  pensions. The 168 lost their careers, reputations, and retirement income. Continue reading

My JFK Ethics Tale

 Shredded Files

As regular readers here  know, I am not an admirer of the character of John Fitzgerald Kennedy, though he had some notable leadership skills that I respect. His reputation as a great man and President is vastly inflated and, in a strange way, I may share some of the responsibility for that.

Several years ago, I had just completed an ethics seminar for the DC Bar. One of the issues I discussed was the lawyer’s ethical duty to protect  attorney-client confidences in perpetuity, even after the death of the client. An elderly gentleman approached me, and said he had an important question to ask. He was retired, he said, and teased that I would want to hear his story. I don’t generally give out ethics advice on the fly like this, but I was intrigued.

“My late law partner, long before he began working with me, was Joseph P. Kennedy’s “‘fixer,'” he began, hooking me immediately. “Whenever Jack, Bobby or Teddy got in trouble, legal or otherwise, Joe would pay my partner to ‘take care of it,’ whatever that might entail. Well, my partner died last week, and when I saw him for the last time, he gave me the number of a storage facility, the contract, and the combination to the lock. He said that I should take possession of what was in there, and that I would know what to do. Continue reading