President George W. Bush

Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

/ Jack Marshall / 12 Comments

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading →

Ethics Alarms Inauguration Day Musings

/ Jack Marshall / 54 Comments

trump-inaug

In preparation for this post, I just read over the post from December 5 titled “Reasons to be Happy About the Election of Donald Trump?” I wanted to see if any of those reasons on the list, beginning with three that I endorsed from the Glenn Reynolds essay with the same name, without the question mark. Here are the ten:

1.  “Killed off dynastic politics, at least for now.”

2. “Kept Hillary out of the White House.”

3. “Crushing the media’s sense of self-importance”

4. His election, and Clinton’s defeat, pushes back against group identification politics.

5. It demolishes the propaganda that Barack Obama was a successful President.

6. It might spur more citizens to vote next time.

7. Trump’s victory showed that cheating to win, and behaving as if the ends justify the means, still don’t go down well with a lot of the public.

8. The entire Clinton saga has been predicated on their belief that you can fool enough of the people enough of the time, along with a well-practiced regimen of deny-deny-deny. lie, obfuscate, stonewall, accuse and delay, to get away withe all manner of unethical conduct while achieving wealth and power. Finally, it didn’t work. Hooray.

9. Trump’s election exposed, and is exposing, the hypocritical, anti-democratic, bitter, ugly, hateful side of progressives and Democrats.

10.  It is the kick in the teeth of political correctness that this restrictive, arrogant, smug and stifling cultural trend had been begging for.

The post concluded,

“I have not changed my analysis that the price we will pay for these boons is likely to be exorbitant and painful at best. Nonetheless, they are still things to be grateful for, and not insubstantial.”

Almost two months later, having experienced the Trump transition and observed the horrifying 2016 Post Election Ethics Train Wreck, which of these ten bear amendment or repeal? All but a few are as accurate now as then. #9, relating to the Democratic and progressive freak-out and what it represents, has intensified since December 5 and has been longer-lasting and more outrageous than anyone could have expected. Reynold’s item #3 about the election crushing the news media’s sense of self-importance was clearly wishful thinking, for it joined the embarrassing and destructive Democratic reaction to the election rather than learning anything. Fools.

Finally, there is #5. Trump’s election should have demolished the mythology that Obama has been a successful President, because he obviously has not been, and if he had been successful, Hillary Clinton would be about to be sworn in today.But Barack Obama, who like Donald Trump lives in his own narcissistic fantasy world, exited with a series of self-lauding propaganda lines—some issuing from the mouths of his team, like John Kerry—that the news media and punditry have treated as if he were a burning bush. No, Obama improved race relations! His was a scandal free administration! He did most of the things he wanted to do, and if it wasn’t for obstructive Republicans, he would have done much more! Citizens who weren’t happy and voted against Democrats just didn’t understand how well off they are! America’s standing in the world is terrific!  He is proud of his handling of Syria, and those 400,000 dead don’t prompt any regrets! This has been followed by jaw-droppingly dishonest puff-pieces by writers who should know better.

Here are  additional observations on Inauguration Day: Continue reading →

Ethics Hero: Former President Jimmy Carter

/ Jack Marshall / 56 Comments

jimmy-carter

As its stands now, only Jimmy Carter among the four surviving former Presidents of the United States will be attending Donald Trump’s inauguration in Washington, D.C. on January 20. The others, Bill Clinton and the two George Bushes, will not, if their failure so far to RSVP to their official invitations means what most think it means.

President George H.W. Bush can be given a pass due to his advanced age and and precarious health; not so his son and Bill Clinton. Their absence will be petty and unpatriotic. Jimmy Carter knows what his duty is, and will do it. Good for him.

The inauguration of a new President is a national ritual and a vital one, signalling the support of the nation for a  leader duly elected to take the mantle of Washington, Lincoln and the rest. It is a tradition to celebrate the nation and its remarkable  system of peaceful transfer of power, and not, as I will soon explain to the Rockettes, the individual who will be President when the ceremony is over. It is a day to unite the country after an election, not to further divide it.

For former Presidents Bush and Clinton not to recognize this is no less than disgraceful…specially these Presidents, one who himself won office while losing the popular vote, and the other who never received a majority of votes cast in two elections. We know why Clinton and Bush are sulking. President Elect Trump, in his ugly campaign, personally insulted both Bush 43 and his younger brother Jeb, and Jeb may well regard his brother’s attendance at the Inaugural a betrayal. Well, Jeb needs to grow up. January 20 is about the United States of America, not hurt feelings or family solidarity. George Bush has an obligation to be there, not back in Texas snubbing the nation to get back at Trump. Continue reading →

Encore! Presidents Day Ethics: The Presidents of the United States on Ethics and Leadership

/ Jack Marshall / 15 Comments

It’s President’s Day, and I see that it has been five years since the most popular Ethics Alarms President’s Day post was published. That one, from 2011, reminds us of the ethics wisdom and leadership acumen of the remarkable men who have served their country in the most challenging, difficult, and ethically complicated of all jobs, the U.S. Presidency.

In the middle of a campaign season littered with some disturbingly unethical candidates, it seems especially appropriate to re-post that entry now….with some updates. In 2011, I left out three Presidents, including the current one. Now all are represented, most of them well.

So…

Ladies and Gentlemen, the Presidents of the United States of America:

 

George Washington: “I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man.”

John Adams: “Because power corrupts, society’s demands for moral authority and character increase as the importance of the position increases.” 

Thomas Jefferson: “On great occasions every good officer must be ready to risk himself in going beyond the strict line of law, when the public preservation requires it; his motives will be a justification…”

James Madison: “No government any more than any individual will long be respected without being truly respectable.”

James Monroe: “The best form of government is that which is most likely to prevent the greatest sum of evil.”

John Quincy Adams: “Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.”

Andrew Jackson: “One man with courage makes a majority.”   (Attributed)

Martin Van Buren: “No evil can result from its inhibition more pernicious than its toleration.”

William Henry Harrison: “There is nothing more corrupting, nothing more destructive of the noblest and finest feelings of our nature, than the exercise of unlimited power.” Continue reading →

A Presidents Day Celebration (PART 4 and Final): The Wild, Wild Ride From FDR to W.

/ Jack Marshall / 39 Comments

smiling-presidents

All of the Presidents (except FDR) in this last section were alive and kicking while I was, and so to me they are both more real and less fascinating to some extent. Familiarity breeds, if not contempt, a tendency not to idealize. These leaders are no more flawed than their predecessors, they just seem that way thanks to mass media.

Franklin D. Roosevelt

Franklin Roosevelt

Three terms plus, a World War, a Depression, a transformative Presidency and an epic life spent in public service: FDR is another President who can’t be summed up in an anecdote, one book, or a hundred. He accomplished enough great things to be a deserving icon; he committed enough wrongs to be judged a villain. (He was pretty clearly a sociopath, but a lot of great leaders are, including a fair proportion of ours, including some of the best.) The only completely unfair verdict on this Roosevelt is not to acknowledge the importance and complexity of his life. Here are some of my favorite items about him:

  • FDR wrote down a plan when he was still in school outlining the best way for him to become President. The plan was essentially to follow his distant cousin Theodore’s career steps: Harvard, Assistant Secretary of the Navy, Governor of New York, Vice-Presidential candidate, and President. (He skipped “Rough Rider.”) Amazingly, he followed it, and it worked.
  • Conventional wisdom holds that FDR’s polio transformed his character, and that without that crisis and challenge he would have been content to be a rich dilettante. I doubt it, but there is no question that he fits the Presidential survivor template, and that his ordeal made him stronger, more formidable and more determined.
  • Many Presidents had strong mothers, especially, for some reason, many of our Chief Executives from Roosevelt to Obama. Franklin’s mom, however, wins the prize. It’s amazing Eleanor didn’t murder her. But Mrs. Roosevelt is why Eleanor was there in the first place: all of our Presidents raised by strong mothers married very strong wives.
  • If a computer program were designed to create the perfect American leader, it would give us FDR. He was the complete package; his charisma, charm and power radiate from recordings and films that are 90 years old. That smile! That chin! That head! That voice! He is one of the very few Presidents who would be just as  popular and effective today as the era in which he lived.
  • And just as dangerous. FDR is also a template for an American dictator, which, I believe, he would have been perfectly willing to be. It’s no coincidence that Franklin was the only President to break Washington’s wise tradition of leaving office after two terms.
  • Political and philosophical arguments aside, at least four of Roosevelt actions as President were horrific, and would sink the reputation of most leaders: 1) Imprisoning Japanese-Americans (and German-Americans, too); 2) Ignoring the plight of European Jews as long as he did, when it should have been clear what was going on; 3) Handing over Eastern Europe to Stalin, and 4) Knowing how sick he was, giving little thought or care to who his running mate was in 1944.
  • Balancing all that, indeed outweighing it, is the fact that the United States of America and quite possibly the free world might not exist today if this unique and gifted leader were not on the scene. Three times in our history, the nation’s existence depended on not just good leadership, but extraordinary leadership, and all three times, the leader we needed emerged: Washington, Lincoln, and Franklin. I wouldn’t count on us being that lucky again.

I left the bulk of reflection about the character and leadership style of Theodore Roosevelt to one of Teddy’s own speeches to embody, and I’ll do the same for his protege.

On September 23, 1932, New York Governor Franklin D. Roosevelt gave a speech at Manhattan’s Commonwealth Club. (Everyone, conservative, liberal or moderate, should read it….here.) It was a defining statement of progressive principles and modern liberalism, redefining core American values according to the perceived needs of a changing nation and culture.  It is a radical speech, and would be regarded as radical by many today, even after much of what Roosevelt argued was reflected in the policies of the New Deal.

After sketching the origins and progress of the nation to the present, he flatly stated that the Founders’ assumptions no longer applied:

A glance at the situation today only too clearly indicates that equality of opportunity as we have know it no longer exists. Our industrial plant is built; the problem just now is whether under existing conditions it is not overbuilt. Our last frontier has long since been reached, and there is practically no more free land. More than half of our people do not live on the farms or on lands and cannot derive a living by cultivating their own property. There is no safety valve in the form of a Western prairie to which those thrown out of work by the Eastern economic machines can go for a new start. We are not able to invite the immigration from Europe to share our endless plenty. We are now providing a drab living for our own people….

Just as freedom to farm has ceased, so also the opportunity in business has narrowed. It still is true that men can start small enterprises, trusting to native shrewdness and ability to keep abreast of competitors; but area after area has been preempted altogether by the great corporations, and even in the fields which still have no great concerns, the small man starts with a handicap. The unfeeling statistics of the past three decades show that the independent business man is running a losing race. Perhaps he is forced to the wall; perhaps he cannot command credit; perhaps he is “squeezed out,” in Mr. Wilson’s words, by highly organized corporate competitors, as your corner grocery man can tell you.

Recently a careful study was made of the concentration of business in the United States. It showed that our economic life was dominated by some six hundred odd corporations who controlled two-thirds of American industry. Ten million small business men divided the other third. More striking still, it appeared that if the process of concentration goes on at the same rate, at the end of another century we shall have all American industry controlled by a dozen corporations, and run by perhaps a hundred men. Put plainly, we are steering a steady course toward economic oligarchy, if we are not there already.

Clearly, all this calls for a re-appraisal of values.

So Franklin Roosevelt re-appraised them: Continue reading →

Unethical Quote of the Week: Dick Cheney

/ Jack Marshall / 37 Comments
Hello, I'll be your torturer today. Now, if you are innocent, please understand, on balance this works.

Hello, my name is Skug, and I’ll be your torturer today. Now, if you are innocent, please understand, on balance this works.

“I’m more concerned with bad guys who got out and released than I am with a few that, in fact, were innocent.”

—Former V.P. Dick Cheney, giving his reactions on “Meet the Press” regarding the Senate’s critique of the Bush Administration and the CIA’s interrogation methods.

I try to be fair to Dick Cheney, whose character has been distorted beyond all recognition by his partisan foes. Sunday, however, he was apparently attempting to validate all the most terrible things anyone has said about him, as well as providing future students of ethics real life examples of ethical fallacies.

The one quoted above is the pip: so much for the jurisprudential principle that “It is better that ten guilty persons escape, than that one innocent suffer.”   Chuck Todd reminded Cheney that 25% of those detained were apparently innocent. The Cheney variation: “It is OK if some innocent persons are unjustly punished as long as the bad guys get what they deserve.”

It is hard to pick the most unethical assertion, however; there are so many horrible statements to choose from. Such as: Continue reading →

Obama’s Coffee Cup Salute “Gotcha!”

/ Jack Marshall / 13 Comments

Scotty SaluteSome controversies instantly inspire everyone on all sides to be petty, stupid, and unfair. This is just such a controversy.

The White House  posted a video of President Barack Obama awkwardly saluting a Marine as Obama exited the presidential helicopter, Marine One. He did so while holding a styrofoam coffee cup, which he brought to his forehead as well. This sparked critical comments from Republicans, conservatives and veterans that Obama was showing disrespect for the military.

This is the epitome of a petty “Gotcha!” that guarantees sympathy for the President. I would be surprised if there are not  examples of most Presidents botching return salutes, especially those, like Obama and Clinton, who had no experience in the military. (President Eisenhower presumably never had this salute problem.) Obama also was pretty pathetic when he had to throw out the first pitch in a major league baseball game. Oh, so what? Republicans really think that these deficiencies prove Obama is disrespectful of the military, or of the National Pastime? There are so many stronger indications. Continue reading →

Patriotism And Citizenship Check Coming For Democrats As The “Golden Dancer” Presidency Nears Its Point Of No Return

/ Jack Marshall / 39 Comments

almost_midnight_

I sense that time is running out.

This evening, around 8 PM, the New York Post released an exclusive story, citing a “reliable source,” claiming that the Census Bureau faked the September  2012 employment figures that gave a huge boost to President Obama’s campaign as the race against Mitt Romney was reaching its stretch run. The figures, which were challenged by conservative pundits as suspiciously and conveniently positive, finally put unemployment below the crucial 8% mark.

From the Post’s John Crudele:

“The numbers, according to a reliable source, were manipulated. And the Census Bureau, which does the unemployment survey, knew it. Just two years before the presidential election, the Census Bureau had caught an employee fabricating data that went into the unemployment report, which is one of the most closely watched measures of the economy. And a knowledgeable source says the deception went beyond that one employee — that it escalated at the time President Obama was seeking reelection in 2012 and continues today. “He’s not the only one,” said the source, who asked to remain anonymous for now but is willing to talk with the Labor Department and Congress if asked. The Census employee caught faking the results is Julius Buckmon, according to confidential Census documents obtained by The Post. Buckmon told me in an interview this past weekend that he was told to make up information by higher-ups at Census.

‘“It was a phone conversation — I forget the exact words — but it was, ‘Go ahead and fabricate it’ to make it what it was,” Buckmon told me.”

Crudele notes that falsifying jobs figures has more consequences than just misleading voters and giving the President a basis to claim that the economy is improving. He writes, “I hope the next stop will be Congress, since manipulation of data like this not only gives voters the wrong impression of the economy but also leads lawmakers, the Federal Reserve and companies to make uninformed decisions. To cite just one instance, the Fed is targeting the curtailment of its so-called quantitative easing money-printing/bond-buying fiasco to the unemployment rate for which Census provided the false information. So falsifying this would, in essence, have dire consequences for the country.” [UPDATE (11/19)—“A Republican aide told the Washington Examiner the House Committee on Oversight and Government Reform is digging into the claim, published in the New York Post on Tuesday….”]

That’s not my hope.

I don’t know if this story is accurate or not. The New York Post is hardly…well, let’s see how to best put this…it’s hardly a reliable, trusted news source like the New York Times or the Washington Post were before U.S. journalism lost all credibility, objectivity and trustworthiness. This story could prove false,  but whether it is or not, the Obama Administration will deny it, stonewall it, make sure its media allies keep it isolated to “conservative media” so it can be discredited, just as it did with Benghazi, the IRS efforts to handcuff conservative groups during the campaign, Fast and Furious, Solyndra, and the real source of the problems with the ACA website. Whether this scandal, which would show that the Obama Administration used its various agencies to illicitly, unethically and dishonestly deceive the public to influence the Presidential election, is real or not, there are real scandals, many of them, waiting to be discovered, and still more that are in the process of developing. There is no doubt in my mind about this, just as there was no doubt in my mind a year ago that this wave of dashed hopes, uncovered lies, and desperate survival maneuvers was inevitable. The Obama Presidency is dysfunctional, incompetent, corrupt and rotten to its core, like Golden Dancer, the apocryphal rocking horse that Henry Drummond, the fictional avatar of Clarence Darrow in “Inherit the Wind,”  describes in a famous scene: Continue reading →

As The Obamacare Ethics Train Wreck Accelerates, A Plea To The Bitter-enders: “Stop It. You’re Disgracing Yourself.”

/ Jack Marshall / 14 Comments

[I’m back from Colorado Springs, and as usual after that trip, momentarily cheered, encouraged and inspired by my experience discussing ethics with sheep farmer-legislators from Montana, surfer-legislators from Hawaii and other ordinary, diverse, dedicated, honest and smart Americans of all political persuasions who just want to do good things for their neighbors, communities, state and nation. This is, I think, what Mr. Jefferson and his friends had in mind. The annual training program for recently-elected state legislators run by the Council of State Governments is just marvelous—if only every legislator starting out could go through it (especially this really neat half-day ethics seminar a bald guy teaches).  In case you are wondering, the ACA despair, disgust and mockery was coming from both sides of the aisle—I did mention they were honest, right? And, obviously, not from Washington, DC. If we’re lucky, a lot of them will be here in a few years.]

Why are they still spinning? They're not getting anywhere, and they look ridiculous!

Why are they still spinning? They’re not getting anywhere, and they look ridiculous!

Now I’m trying to catch up—those few posts from Colorado Springs were by necessity early in the morning and late at night, and on less than earth-shattering topics. Sadly, the current Ethics Train Wreck involving the roll-out of Obamacare—-a rare example of one that could have and should have been seen coming years ago, and that some of us did see, and clearly—has only become worse. The integrity test that I announced  three weeks ago also continues to produce dispiriting results. I hope to do a summary of both the wreckage and the test eventually, but in the meantime, the Obamacare Ethics Trainwreck continues to pick up passengers who are flunking the Ethics Alarms Integrity Test in the process. Continue reading →

Leadership Trust: Is This Finally The Public’s Tipping Point On President Obama?

/ Jack Marshall / 61 Comments

giant-jengaTipping points are events that establish major shifts in public attitudes and the culture, and what determines a tipping point varies from circumstance to circumstance. When the switch is flipped on public trust, a leader is done for, at least in a democracy. This is why, in a parliamentary system,  prime ministers call for elections at such times, or even resign. It’s a tradition the U.S. might do well to consider.

The tipping point on the George W. Bush presidency was glaringly obvious: it was the botched handling of Hurricane Katrina, even though that particular fiasco was mostly an example of effective  blame-shifting by New Orleans mayor Ray Nagin. Bush had already accumulated many legitimate reasons to doubt him, but the traditional American eagerness to like and trust whoever holds the same job as Washington, Lincoln and FDR had kept his presidency afloat…until it drowned in Katrina. All was downhill from there.

Interestingly, nobody at the time argued that Americans should support the lousy response to Katrina because not doing so would cripple the Bush presidency going forward. But I digress..

Now it appears that the Obama proposal/decision/ argument—who knows what it really is?—to engage in a limited missile attack on Syria may be the public tipping point on Obama’s leadership, the moment when the veils fall and the nation reluctantly but decisively admits that the man it elected—twice—as its leader cannot be trusted. If so, it is remarkable this took so long, testimony to how much we all wanted our first African-American President to succeed. The tipping point for me was years ago. Following the Bush experience, I thought that the bungled government handling of the Gulf oil spill would clinch it, but no. Then came the Benghazi mess, with an ambassador and other Americans murdered without any decisive response other than deceptive spin and obfuscation to avoid electoral consequences—the I.R.S. tea party harassment (still being investigated, and looking worse all the time)—the NSA revelations, and the growing evidence that while the Affordable Care Act may not be the cataclysmic socialist disaster conservatives claim it is, it is also far from what the President promised. No tipping point though, until Syria, and the consequences flowing directly from the President’s undisciplined off-the-cuff rhetoric—a constantly repeated flaw in his leadership style.

Now, as tipping points do, this current controversy is resuscitating all of the past incidents, and serving as the catalyst for a reappraisal of Obama’s leadership. The looming conclusion is that he cannot be trusted.

Occasionally am beaten to the punch by a pundit or blogger who delivers an essay that says exactly what I was preparing to write, even as I was almost finished writing it. Such a pundit is Forbes contributor Merrill Mathews, who delivered an article on that publication’s website over the weekend, titled “What Happens When You Can’t Believe A Thing The President Says?” (My title was going to be “When Trust Is Gone”).

Some key quotes from the article: Continue reading →