lobbying

Ensign Scandal Revelations: Sen. Coburn’s Betrayal

/ Jack Marshall / 2 Comments

Oh dear, Sen. Coburn...didn't anyone tell you that corruption is contagious?

The bipartisan Senate committee, investigating the sexual harassment/ extortion/ lobbying scandals that led Sen John Ensign (R-Nev.) to resign his seat issued its report this week. It found “substantial credible evidence that provides substantial cause to conclude that Senator Ensign violated Senate Rules and federal civil and criminal laws, and engaged in improper conduct reflecting upon the Senate, thus betraying the public trust and bringing discredit to the Senate.” The committee referred the matter to the Justice Department and the Federal Election Commission.

The report also found, however, that another Republican Senator, Tom Coburn of Oklahoma, was hip-deep in the  mess, serving as an intermediary between Ensign and his top aide, Doug Hampton, who was in the process of extorting  Ensign  for having an affair with Hampton’s wife. Sen. Coburn also played a central role in arranging for Ensign’s parents to cough up the hush money to satisfy Hampton’s demands.  Whether Coburn knew about the more serious offenses that Ensign seems to have committed, such as lying to investigators and using his influence to create business for Hampton’s lobbying firm as part of the pay-off for Ensign sleeping with Hampton’s wife, is unknown, but never mind: helping with the cover-up is bad enough. Continue reading →

The Unfair and Dishonest Regulation…of Interior Decorators?

/ Jack Marshall / 24 Comments

Deadly in the hands of an amateur

I stumbled on this as my wife and I investigated the possibility of her setting up a business as an interior design consultant. 22 States and the District of  Columbia require a license to be an interior decorator, which technically means, as Reason so pointedly puts it, that moving a throw pillow could theoretically get you jailed or fined.

How can this be? All professional licensing creates a bar to membership, making such licenses targets of Libertarians and other critics. But at least most professions requiring a license have a plausible argument for the certification based on health and the protection of the public welfare. Lawyers, doctors, dentists, builders, electricians…that makes sense. Real estate brokers, teachers, personal trainers…er, okay, I guess so. But interior decorators? Isn’t this just an example of nakedly restricting competition, and using the sordid process of buying state legislators to do it? What other justification could there be? Continue reading →

Unethical Quote of the Week: Sen. John Ensign

/ Jack Marshall / 4 Comments

“While I stand behind my firm belief that I have not violated any law, rule, or standard of conduct of the Senate, and I have fought to prove this publicly, I will not continue to subject my family, my constituents, or the Senate to any further rounds of investigation, depositions, drawn out proceedings, or especially public hearings.”

Sen. John Ensign (R-Nev.), announcing his resignation from the U.S. Senate about two years late. Ensign’s continuing service in the upper chamber has been a continuing embarrassment thanks to a 2009 sex scandal and sordid cover-up attempt. Interestingly, Ensign maintains that such conduct doesn’t violate any “standard of conduct” for him and his colleagues.

Sadly, perhaps he’s right.

“I didn’t violate any laws or rules” has been Ensign’s mantra since it came to light that he: Continue reading →

Ethics Star and Ethics Hero Emeritus: Elizabeth Taylor, 1932-2011

/ Jack Marshall / 9 Comments

 

You did good, kid! Thanks.

I appreciated Elizabeth Taylor, who died yesterday, as a movie star, though I was never a fan. That she was astonishingly beautiful, there is no doubt, an actress who defined the word “voluptuous” when it didn’t mean”implants.” Like many of the Golden Age stars, acting was secondary with Taylor, who had such on-screen presence that she could steal a movie ( “Cat on a Hot Tin Roof”) from the likes of Paul Newman, Burl Ives, Judith Anderson, and yes, Tennessee Williams by just lounging around in a slip. Her best adult performance was probably her first, “A Place in the Sun”; her Oscars were more or less frauds, the first (“Butterfield 8”) as a film community gesture of sympathy for her health problems, and the second, for “Who’s Afraid of Virginia Woolf,” as one of those nods for playing against type without embarrassing yourself that Hollywood likes to bestow on its favorites. Continue reading →

Ethics Quiz: Can You Undo A Past Confict of Interest or Appearance of Impropriety?

/ Jack Marshall / 2 Comments

In November, Ethics Alarms noted that Melanie Sloan, the head of the ethics watchdog group Citizens for Responsibility and Ethics in Washington, was involved in exactly the kind of Washington insider conflict of interest that the group typically slams politicians for engaging in:

“Melanie Sloan, long the leader and public face of CREW, announced that she is joining the new firm of lobbyist Lanny Davis, a long-time Democratic ally and famous for being Bill Clinton’s most ubiquitous apologist during the Monica Lewinsky scandal…Over the summer,  CREW aligned itself with the for-profit schools industry.  “Today, Citizens for Responsibility and Ethics in Washington (CREW) sent a letter to Sen. Tom Harkin (D-IA), Chairman of the Committee on Health, Education, Labor and Pensions (“HELP”), asking the committee to consider the financial motives of critics of the for-profit education industry,” a July CREW press release began. Later, Sloan again attacked the motives of for-profit school critics in a CREW blog post that linked to an op-ed piece Davis had written defending the for-profit industry. That industry then became a client of Davis’s lobbying firm.

“Got that? Sloan and CREW pushed the interests of Davis’s clients, then Sloan went to work for Davis, where she will, in part, be enriched by the very people whom she assisted in the name of ethics—by attacking the financial motives of for-profit school opponents! This is precisely the kind of D.C. two-step that CREW mercilessly exposes when elected officials do it, and now here is the very same CREW leader who once condemned such corrupt practices, doing it herself.”

Now, for reasons yet undisclosed. Sloan will not be leaving CREW after all.

Does that make everything all right, obliterating the conflict of interest exposed by her decision to take the lobbying job for a firm representing the same interests that CREW had defended? Is the stain of that apparent conflict now erased? Continue reading →

Campaign Contributions During Key Votes: Call It Bribery

/ Jack Marshall / 3 Comments

The quote from Sen. Max Baucus’s spokeperson instantly becomes a leading candidate for “Lie of the Year.”

“Money has no influence on how Senator Baucus (D-Montana) makes his decisions,” Kate Downen told the Washington Post. “The only factor that determines Senator Baucus’s votes is whether a policy is right for Montana and right for our country.” Is there any American so naive as to still believe this, not just about Baucus but about any member of Congress? The Post reports that despite Senate and House rules forbidding it, campaign contributions routinely spike when important bills are about to be voted upon. The sources of the sudden gifts to the lawmakers? Individuals, organizations and corporations who will benefit from the law’s passage or defeat. Continue reading →

FLASHBACK: What’s Wrong With “Loser Pays” (and Rosie O’Donnell)

/ Jack Marshall / 14 Comments

[Back in 2007, a ridiculous lawsuit spawned an even more ridiculous pronouncement from Rosie O’Donnell, which prompted the following post (originally titled “The Pants, the Judge, and Rosie’s Mouth”)  on The Ethics Scoreboard. I had forgotten about it, but the issue of “loser pays” still comes up, and Rosie (and Joy Behar) continue to require periodic slapdowns, so here it is again—Jack]

The tale of Roy Pearson, the infamous Washington, DC administrative law judge who is suing his dry cleaner for damages of $65.5 million for a lost pair of pants, would normally warrant scant comment beyond this obvious one: Pierson is a bully, his lawsuit is unreasonable and unethical, and he deserves whatever sanctions the legal system can devise. A Washington Post editorial suggested that the lawsuit, which Pierson says is justified by his inconvenience, court costs, and the mental anguish caused by the loss of his beloved pants, is proof enough of bad character and terrible judgement that he should not be reappointed to another ten-year term.  [ Update: He wasn’t.] That would normally end the issue, freeing me to move on to more important matters, like global warming and American Idol.

And then Rosie O’Donnell opened her big mouth. Continue reading →

CREW Gets Hoisted: For Ethics Watchdogs, Integrity’s a Bitch

/ Jack Marshall / 1 Comment

CREW—Citizens for Responsibility and Ethics in Washington—is one of the most active and fairest of political watchdog groups. It has a definite liberal bias, for approximately twice as many Republicans as Democrats manage to attract CREW critiques, but that’s all right: plenty of elected officials from both parties have had their shady dealings exposed by the group, which is notable for its lack of sympathy for Washington’s traditional myths and excuses to allow guilt-free corruption.

An ethics watchdog, however, can never engage in the same conduct it criticizes in others. The reason for this is as much practical as ethical. A group that made a strong case that certain behavior shouldn’t be tolerated by the public in its elected champions doesn’t diminish the validity of its arguments by violating its own principles, but it does symbolically consent to accepting the same standard of review for its own actions that it demanded for its targets. This is what Will Shakespeare called being hoisted by your own petard—blowing yourself up with a bomb of your own construction.

As Shakespeare also noted, the previous quarry of the one who is thus hoisted just love to see this happen. It doesn’t really make what they did any less wrong or the ethics watchdog any less right to have condemned it, but when the critic gets caught doing something similar, it can make the conduct seem less wrong. This also will often guarantee that future criticism by the watchdog will be greeted with more suspicion than respect.

Salon has a posted a well-researched account of how CREW hoisted itself recently, and the prospects for the organization maintaining its previous level of respect and credibility are not good. Continue reading →

Guest Commentary: “When Children Work; A Dialogue”

/ Jack Marshall / 2 Comments

By Paul Petersen

[Paul Petersen is the founder and president of A Minor Consideration, a non-profit advocacy group that seeks to protect the welfare of juvenile performers. Mr. Petersen was a prominent child star himself, most famously as “Jeff Stone” on the long-running TV comedy, “The Donna Reed Show.” The following commentary, also posted on his website, is inspired by the hearings this week on proposed child labor legislation in Pennsylvania, where “Jon & Kate Plus 8” was filmed. The legislation proposed  by State Representative Tom Murt defines reality television and would require all minors to have work permits issued by the state Department of Labor and Industry to ensure all adequate provisions have been made for the minor’s educational instruction, supervision, health and welfare. The bill also provides that minors can only work between 7 a.m. and 10 p.m., and sets guidelines for the amount of hours, work, recreation, school and activities per day. A certified teacher would be required on the set of any production to monitor working conditions, and the bill would require 15 % of a child actor’s gross earning be set aside by the employer in a trust.]

Imagine if your boss unilaterally declared that your time spent in a commercial workplace wasn’t work at all but merely “participation.” That might be said of the drug store cat, or a barnyard animal, but to say that about a living, breathing, conscious human being passes all understanding. Yet that is precisely the position taken by reality show Producers and the Networks that broadcast commercial products called “reality shows” that feature children. Continue reading →

Shrugging Off Corrupt Fundraising Practices in Congress

/ Jack Marshall / 1 Comment

While they were debating the just-passed financial reform bill on the floor of Congress, eight members of Congress walked out of the Capitol into fundraising meetings and events where they solicited and received contributions from the very financial institutions that the bill would regulate. Some of the contributions came as crucial votes were taken.  From a New York Times report: Continue reading →