About the “Appearance of Impropriety,” the Limits of “Deny, Deny, Deny,” and the Foolishness of Defying the Lessons of Michael Clayton

Yes, ProPublica is generally a one-way-only ethics watchdog, but that way is still worth watching.

It is reporting that Senator Joni Ernst (R-Iowa), had a romantic relationship with a legislative affairs official for the Navy. According to two sources with knowledge of an inspector general’s nvestigation, this was not the GOP combat veteran’s only inappropriate relationship with military personnel. Earlier this year, the Air Force revealed that Maj. Gen. Christopher Finerty, who oversaw its lobbying before Congress, had inappropriate romantic relationships with five women, including three who worked on Capitol Hill. One of those, though the names in the report were redacted, was allegedly Ernst. Because the Senator is an influential voice in Congress regarding the Pentagon and she sits on the Senate’s Armed Services Committee which has a crucial role in setting its annual budget, these are troubling accounts.

ProPublica says that neither Ernst nor the two military officers were married at the time. Current Senate rules do not bar lawmakers from entering into romantic relationships with lobbyists or other legislative advocates, although why I don’t know. Nonetheless, government employees and officials, like judges, are supposed to avoid appearances of impropriety.” “Ethics experts say such relationships can create a conflict of interest,” ProPublica tells us. “A former legislative affairs official for the military” tells ProPublica that “From an ethics standpoint, [these relationships] are severely problematic.”

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‘Fund Raising Appeals I Stopped Reading After Two Paragraphs’ Dept.: No, ProPublica, I’m Not Giving Money To Your Brand Of “Independent Journalism”

I subscribe to ProPublica because the group often does valuable investigative reporting, just as I subscribed to Glenn Greenwald this year even after he took my substack subscription money and then produced nothing for months because he was sick or something. (Not again, Glenn, Sorry.) However, I will not give money to organizations who lie to me. This is how the year-end appeal I just received from ProPublica begins:

It’s no secret that American democracy is in peril. The 2020 elections were unlike anything our country has seen before — election deniers, an insurrection and bad actors sowing disinformation shed a harsh light on the fragile state of our democracy. As a ProPublica reader, I know you’ve been aware of these growing threats for some time now.

ProPublica is no bystander when it comes to ensuring a transparent government, regardless of who is in power. As a nonprofit, nonpartisan newsroom, we believe that investigative journalism is one of the most powerful tools we have to ensure a healthy democracy…

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Officials And Leaders Who Conservatives Consider Essential Bulwarks Of Constitutional Government Really Have To Stop Relying On “The King’s Pass”

Take Clarence Thomas for example.

As with Donald Trump, who was the object of much rationalization here yesterday, Justice Thomas apparently is certain that conservative and Republican integrity don’t have the rigor to make him accountable for a truly staggering series of judicial ethics breaches. He is also apparently correct in this assumption.

Justice Thomas finally acknowledged publicly that he should have reported selling real estate at a suspicious profit to billionaire political donor Harlan Crow in 2014, a transaction disclosed by ProPublica earlier this year. The Crow company bought a string of properties for $133,363 from co-owners Thomas, his mother and the family of Thomas’ late brother, according to a state tax document and a deed. Conservative power-player Crow then owned the house where a Supreme Court Justice’s elderly mother was living—hey, no big deal!—and soon contractors began tens of thousands of dollars of improvements on the two-bedroom, one-bathroom home. Although a federal disclosure law requires SCOTUS Justices and other officials to disclose the details of most real estate sales over $1,000, Thomas never deigned to mention this convenient and inherently suspicious transaction. You know, that “appearance of impropriety” thingy?

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Morning Ethics Warm-Up, 3/16/2018: First They Came For Wonder Woman….[CORRECTED and UPDATED]

Good Morning

… to end a frantic ethics week…

(An unusual number of the items this morning deserve a free-standing post. I’m not sure what to do about that; it’s been happening a lot lately.)

1 Not fake news, just a false news story that everyone ran with...Oops. All the angry condemnations of new CIA director designate Gina Haspel and President Trump (for nominating her, along with existing) were based on a mistake. From ProPublica:

On Feb. 22, 2017, ProPublica published a story that inaccurately described Gina Haspel’s role in the treatment of Abu Zubaydah, a suspected al-Qaida leader who was imprisoned by the CIA at a secret “black site” in Thailand in 2002. The story said that Haspel, a career CIA officer who President Trump has nominated to be the next director of central intelligence, oversaw the clandestine base where Zubaydah was subjected to waterboarding and other coercive interrogation methods that are widely seen as torture. The story also said she mocked the prisoner’s suffering in a private conversation. Neither of these assertions is correct and we retract them. It is now clear that Haspel did not take charge of the base until after the interrogation of Zubaydah ended.

ProPublica, unlike, say, CNN, knows how to accept responsibility for a bad journalism botch. Stephen Engelberg, editor-in-chief, sums up the episode after explaining how the story was misreported:

A few reflections on what went wrong in our reporting and editing process.

The awkward communications between officials barred from disclosing classified information and reporters trying to reveal secrets in which there is legitimate public interest can sometimes end in miscommunication. In this instance, we failed to understand the message the CIA’s press office was trying to convey in its statement.

None of this in any way excuses our mistakes. We at ProPublica hold government officials responsible for their missteps, and we must be equally accountable. This error was particularly unfortunate because it muddied an important national debate about Haspel and the CIA’s recent history. To her, and to our readers, we can only apologize, correct the record and make certain that we do better in the future.

Perfect. This is a news source we can trust.

2. That was ProPublica. This is CNN (The Chris Cuomo post was here originally, but it got so long I posted it separately.) Continue reading