leakers

Ethics Observations As An Ex-FBI Agent Is Sentenced To Four Years in Prison For Leaking Documents To The News Media

/ Jack Marshall / 7 Comments

From the Times story:

By the time Terry J. Albury arrived in Minneapolis in 2012, about 11 years after he went to work for the F.B.I., he had grown increasingly convinced that agents were abusing their powers and discriminating against racial and religious minorities as they hunted for potential terrorists.

The son of an Ethiopian political refugee, Mr. Albury was the only African-American field agent assigned to a counterterrorism squad that scrutinized Minnesota’s Somali-American community. There, according to his lawyer, he became disillusioned about “widespread racist and xenophobic sentiments” in the bureau and “discriminatory practices and policies he observed and implemented.”

In 2016, Mr. Albury began photographing secret documents that described F.B.I. powers to recruit potential informants and identify potential extremists. On Thursday, he was sentenced to four years in prison after pleading guilty last year to unauthorized disclosures of national security secrets for sending several of the documents to The Intercept, which published the files with a series titled “The F.B.I.’s Secret Rules.”

Observations:

1. GOOD!

2. Whether Albury’s perceptions of discrimination were accurate or not, they were not excuses for breaking the law. Continue reading →

Morning Ethics Warm-Up, 12/22/2017: The Best Laid Plans….

/ Jack Marshall / 30 Comments

GOOD MORNING!

I’m really trying hard to be positive today: guaranteed low traffic, behind the Christmas 8-ball, and last night I heard what is, along with the sound of an atom bomb, Nancy Pelosi’s voice, fingernails on a blackboard, and the screaming of the lambs, among the most horrible sounds in existence: that made by a fully decorated, 8-foot Christmas tree falling over….I don’t want to talk about it.

1 Leaks are unethical. What about this is so hard to understand? This story is being widely interpreted as meaning that the reassigned FBI attorney was one of the likely leakers in the agency. Lawyers leaking confidential information related to their representations is unethical, and ground for disbarment, and of course firing with cause. I hope to get to this in more detail  later, but the widespread attacks in the media on criticism from conservatives, Fox news and President Trump on the FBI is Bizarro World stuff. The FBI would have no leakers if it were professional, competent and trustworthy. None. The botched Clinton e-mail investigation and the Peter Strzok scandal are proof of deep, deep, incompetence and corruption.

2. Well, there goes Plan C! In discussing Plan J, also now on life support, I laid out the Democrats’ other nine plans to over-turn the election and overthrow the Trump Presidency by non-democratic means ( I also hope to get to this in more detail  later, but the widespread attacks in the media on statements from some conservatives and Fox News that Democrats and “the resistance,” aided by the news media, have been attempting a “coup” is Bizarro World stuff as well. The justification for the indignation is that the term coup usually implies a violent overthrow of a government, but there have been coups that were quiet, peaceful and non-violent as well. The key factor in coups is that they are illegal or extra-legal. Calling the various plans to undo a legal election too similar to a coup to ignore places what has been going on since last November in its proper, sinister perspective.

Again: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.” Plan J is to force Trump’s resignation based on alleged sexual misconduct that predated his candidac.

Plan C was just kicked out of court:

“Judge George B. Daniels of United States District Court in Manhattan found that the plaintiffs had failed to show that they had suffered as a result of specific actions by Mr. Trump intended to drum up business for his enterprises. . . . Beyond that, the judge found, the emoluments clauses of the Constitution are intended to protect the country against presidential corruption from foreign influences or financial incentives that might be offered by either states or the federal government. They were not meant to protect businesses from competition from presidentially owned enterprises, he ruled.”

Continue reading →

Morning Ethics Warm-Up: 7/30/17

/ Jack Marshall / 23 Comments

Good Morning!

(I’m starting this post just a few minutes before noon, thank to a WiFi outage. I’m sorry.)

1. I finally saw “Passengers,” which most people and critics seemed to hate. I see no obvious inferiority to the over-praised and honored “The Martian” or “Gravity,” especially the latter, which bored me to tears, but never mind: it’s an ethics movie. It is also a moral luck movie, and that drove me crazy. I’ll bet so many viewers (SPOILER ALERT!) saw the film and came out saying, “She had to forgive him, because if he hadn’t awakened her prematurely to keep him company, everyone would have died!”

No, no, no! His (Chris Pratt’s) conduct toward her (that’s Jennifer Lawrence, and anyone who wrongs Jennifer Lawrence deserves the torments of Hell) was just as bad–and it was horrible—whether it turned out well by chance or not. Subsequent discoveries or unpredictable events cannot make an unethical act retroactively ethical.

2. San Francisco’s Medicaid program sends illegal immigrants this letter:

When the anti-Trump deranged argue that the President is “crazy,” my stock answer is going to be that nothing he has said or done is as “crazy” as the position that it is right and just to officially encourage foreign citizens to breach our borders, defy our sovereignty and break our laws….and the people trying to use the 25th Amendment to execute a coup are exactly the people who think the letter above is compassionate and right. (Believing that a coup is in anyone’s interest is also demonstrably nutsy-cuckoo, but that’s another issue.)

3. I am really going to be disappointed if NPR and PBS don’t get zero-ed out of the budget. I may be stuck with biased and incompetent journalism, but I shouldn’t have to pay for it.

In a segment of NPR’s “All Things Considered” this week (Yes, I generally think the show is excellent, but that’s not the point) about the “restorative justice” approach to campus sexual assault, reporter Tovia Smith quoted Columbia University graduate Emma Sulkowiczs, aka “Mattress Girl,” as a “survivor” of rape.

She’s not a survivor; she was a harasser, and Columbia just paid a financial settlement to her victim for permitting her to proclaim him as a rapist when the evidence didn’t back the claim. Columbia doesn’t believe Sulkowiczs was raped, and her accusation has been thoroughly discredited. Why in the world would NPR choose this cruel and discredited woman to profile while discussing actual campus sexual assault, and how could it be ethical journalism to still refer to her as a rape survivor?

Smith’s tweeted response to criticism was as damning as the choice of “Mattress Girl” itself:

“Sulkowicz considers herself a survivor & we ID her as such. We’ve clarified that their school found the student she accused ‘not responsible.” Continue reading →

Ethics Quote Of The Week: Glenn Greenwald

/ Jack Marshall / 55 Comments

“Every journalist has an agenda. We’re on MSNBC now where close to 24 hours a day the agenda of President Obama and the Democratic Party are promoted, defended, glorified. The agenda of the Republican Party is undermined. That doesn’t mean that the people who appear on MSNBC aren’t journalists. They are.”

—-Libertarian blogger, pundit and activist Glenn Greenwald, defending himself in an MSNBC interview against allegations that he has become a “spokesman” for fugitive NSA leaker Edward Snowden.
Journalism!

Journalism!

Remember, this is an ethics quote, not necessarily one that expresses an ethical point of view. With that caveat, I find it fascinating in many respects:
  • Greenwald is technically correct: journalists who use  their position to distort the news, express their biases and serve as advocates rather than objective critics, as most of the journalists do on MSNBC (and the way many too many journalists do elsewhere) are still journalists. They are unethical and unprofessional journalists. Continue reading →

The Ethics Irony of the Justice Department’s First Amendment Chill

/ Jack Marshall / 1 Comment

040308-N-0000P-002The AP’s president and chief executive Gary Pruitt told the National Press Club this week that the US government’s secret seizure of Associated Press phone records has had a “chilling effect” on news gathering by the agency and other news organizations “Some longtime trusted sources have become nervous and anxious about talking with us,” he said in his speech. .”In some cases, government employees we once checked in with regularly will no longer speak to us by phone. Others are reluctant to meet in person.” He added that this  chilling effect on newsgathering is not just limited to the Associated Press.

My reaction? Bad…and also good. The unprecedented incursions on the news media by the AP operation and the search warrant executed on Fox reporter James Rosen are, I think, pretty obviously, government action that has the effect, and maybe the intent, of intimidating and muzzling the press, and in the case of Rosen, “criminalizing the act of journalism.” This is all ominous for the country, democracy, freedom and the public, and seriously so.

The fact that these efforts have also discouraged leakers and others who breach laws, regulations, promises and professional ethics to satisfy their personal agendas, however, is nothing to mourn. I have long termed the process whereby an untrustworthy employee illegally or unethically leaks information to the press, which then publishes it with impunity, as information laundering. I don’t think such sources ought to have their identity protected—this is an accommodation for reporters that has nothing to do with ethics at all, just pragmatics. Sources should be on the record, not anonymous, and when they reveal information they had promised not to, they should be willing to accept responsibility, accountability, and penalties. Continue reading →

Unethically Leaked Unethical Manuscript Shows That Sarah Palin Is Unethical

/ Jack Marshall / 4 Comments

The Anchorage Daily News has obtained a leaked (read: stolen) manuscript of an unpublished book detailing a close former aide to Sarah Palin’s discovery of the Republican star’s many character flaws. Among other items, the book suggests that she knowingly violated federal election laws.

Now what? Let’s run down the ethical docket: Continue reading →