Ethics Bob: You Were Right; the Kansas Republicans Are Dunces

Yes, Bob, you were right again and I was wrong; you don't have to be so damn happy about it.

When I wrote about Kansas House Speaker Mike O’Neal, who disgracefully circulated Psalm 109 to all Republican House members that he said was a perfect prayer for Obama—a Psalm that calls for the death of a despot—my colleague Bob “Ethics Bob” Stone disputed my prediction that his GOP party leaders would force him to step down.

Bob was right; I was naive. A national petition is circulating to demand O’Neal’s ouster, but it is being pushed by Democrats, which conveniently gives Republicans, and O’Neal, the chance to argue that the effort is “partisan.”

It isn’t partisan. It’s necessary, rational and reasonable. The fact that Republicans don’t have the integrity to take the lead in purging their ranks of this irresponsible, uncivil and vile official–that’s partisan.

Bob wins. I ignored a key rule that controls in such situations: Never overestimate a political party’s capacity for courage, decency, or common sense.

Especially Republicans.

Let’s Be Clear: Kansas House Speaker Mike O’Neal Is A Disgrace, And He Must Resign

We're praying for you, Mike---to get the Hell out.

Kansas House Speaker Mike O’Neal is refusing to resign his post in the wake of an uproar of his own making. In December, the legislator sent an email to his fellow Republicans asking them to pray Psalm 109,  an unusual and mean-spirited psalm that calls for the death of a leader. The Psalm says, in lines 7-12:

When he shall be judged, let him be condemned: and let his prayer become sin.
    Let his days be few; and let another take his office.
    Let his children be fatherless, and his wife a widow.
    Let his children be continually vagabonds, and beg: let them seek their bread also out of their desolate places.
    Let the extortioner catch all that he hath; and let the strangers spoil his labor.
    Let there be none to extend mercy unto him: neither let there be any to favor his fatherless children.’ Continue reading

Candidate for Dishonest Quote of the Year: Rep. Michele Bachmann

"Huury! There's another four alarm fire in Rep. Bachmann's pants!!"

“I’m happy to say I don’t think that I’ve said anything inaccurate in any of the debates. And I’m extremely grateful for that. It’s a high-profile stage and so I’m grateful that I don’t think I’ve made a blunder.”

Rep. Michele Bachmann on NPR’s Morning Edition. Bachmann saying she has never said anything inaccurate is like Steve Martin saying that he has never said anything funny.

This quote occurred on November 25, and I missed it. It came to mind because the Washington Post did a long feature on Bachmann today as it profiled the Republican presidential contenders who haven’t been fingered by past paramours. As part of the coverage, Post “Fact checker” Glenn Kessler noted that of all the candidates, Bachmann has made the most statements that rated four “Pinocchios”, his rating system for dishonesty. Four puts a politician in the “liar, liar, pants on fire” category, and Bachmann’s metaphorical pants are always smoldering.

I think I missed this statement because I assumed the jig was up with Bachmann, and I could look elsewhere for topics. There are some public figures—Al Sharpton, Howard Stern, Sen. Harry Reid, Michael Savage, Joy Behar, Bill Maher (gasp for breath), Bill O’Reilly, Donald Trump, Mark Levin, and others—who violate principles of honesty, civility and fairness in their statements so regularly that I can just check their most recent comments on a slow news day and have something juicy to write about. But with these regular ethics violators there is little point in doing so. Their fans are so biased or corrupted that they are beyond reaching with reasoned analysis, and any objective, ethically grounded observer knows all about these culprits already. Bachmann is on the list; she is a charter member, in fact. Continue reading

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading

A Tip For Victoria Liss—In Fact, Two: Read the Golden Rule, and Don’t Use The Internet For Revenge

The right Victoria Liss...I hope!

Victoria Liss was tending bar at Bimbo’s Cantina in Seattle last week, when a customer named Andrew Meyer not only refused to tip her on his $28 bill, he added insult to injury by scrawling on his credit card receipt that she “could stand to lose a few pounds.” Liss, outraged, decided to employ the full power of the internet against the unmannerly cad. She posted a picture of the receipt and the customer’s name, Andrew Meyer, on her Facebook page. 

Soon angry web-Furies were gathering to exact their revenge on Meyer, whom Liss called “yuppie scum.” Andrew Meyer’s photo and Facebook page were located and posted around the web like it was a Post Office wall. News sites, including the Seattle Weekly, the Stranger, Gawker and Jezabel, used the photograph. Soon Andrew Meyer was being flamed by thousands, and receiving vicious e-mails from strangers intent on carrying on Victoria Liss’s vendetta.

One problem: Liss had the wrong Andrew Meyer! The photo she posted was of a different Andrew Meyer who lived in Texas, not Washington, and it is his face and reputation she sent to web perdition. Continue reading

When Unethical Meets Stupid

Cuation! Moron at Work.

Pilots flying multi-million dollar aircraft to Navy Air Station Oceana say that beams coming from laser pointers are blinding them as they make their approach. The Navy says there has been a sharp increase in the number of laser sightings within the last 18 months. “You’re getting ready to land–you’re getting ready to go through a number of steps configuring the airplane to touchdown. In the two-seaters, there aren’t any sticks in the back. So if you lose the ability to fly it in proximity to the ground, it gets pretty dangerous,” says Webb. In short, the laser pointers are risking military planes and lives. Continue reading

NOW Do You Get It, Bachmann Fans?

Bachmann finally jumped it, as we knew she would!

When I called Rep. Michele Bachmann unethical for her repeated uses of erroneous information in her speeches—announcing that the Battle of Concord occurred in New Hampshire, declaring the Founders spent their lives fighting slavery (and later justifying this whopper by saying that Founding Father’s Son John Quincy Adams qualified as a Founding Father himself), the Bachmanites were furious. “Anyone can make a mistake!” they argued.

Not these kinds of mistakes. As I wrote in July: Continue reading

What’s the Matter With Paul Gust?

Oh-oh...now I'VE searched for her too!

Combine the Anthony Weiner debacle and the Naked Teacher Principle (in reverse), and you get the travails of 45-year-old Paul Gust, the computer teacher at the Saugatuck Public Schools in Michigan. He has been fired, and I would fire him too. But which of his actions were a firing offense?

1. Storing photos of naked women on his school computer?
2. Being such a klutz that he accidentally flashed some of the photos on the screen in the middle of a presentation on computer technology?
3. Having the FBI find photographs of underage girls on that same computer, though not photos that constituted child-porn?
4. Having the FBI also discover that he had searched for photos of Miley Cyrus braless, when she was under 18?
5. Having personal e-mails on his computer—beyond dispute involving personal discussions, off hours, on his own time, using his own accounts—that included discussions of sexual fantasies involving teen-age girls? Continue reading

The Shannon Stone Tragedy Ethics Quiz, Part II

Don't try this if you're not a firefighter

 Many commenters were upset with me for characterizing the tragic death of Shannon Stone, who fell to his death while trying to catch a ball during a Texas Rangers game, as the result of his own bad judgment, suggesting that I was impugning the character of a dead man. (I wasn’t.) That reaction sparks the second Ethics Alarms quiz question relating to the incident.

NBC baseball blogger (and lawyer) Craig Calcaterra put up a post this morning headlined “Idiot nearly falls from the stands chasing a ball at the Home Run Derby”:

“Just days after Shannon Stone died from a fall while reaching for a baseball at a Texas Rangers game, a fan at last night’s Home Run Derby nearly fell out of the outfield stands while lunging for a home run ball hit by Prince Fielder.  He was spared serious injury or death only because his friends grabbed him by his feet, held him and then pulled him back as he dangled over the railing above a concrete deck 20 feet below…His name is Keith Carmickle, and common sense is not his forte. His fall came after he stepped up onto the narrow metal table which abutted the railing — the kind you stand in front of and set your drink on while watching the game — and then, while still standing on it, reached down low to catch the ball as it came in…He missed the ball, but his momentum carried him forward and he fell headfirst over the rail. If it wasn’t for his brother’s and his friends’ quick action, down he would have gone. Despite his idiocy, he (a) escaped this dangerous situation of his own making unscathed; and (b) was allowed to stay at the Derby by security. Both of these factors have been added to the “evidence that there is no God and/or that He is not just and fair” side of the big ledger I keep on my desk and in which I tally the wonder and folly of Humanity as I encounter it…”

Your questions to answer, if you dare: 1) Is it fair for Calcaterra to call Carmickle an idiot, and Stone just a random victim of circumstance? 2) Why or why not? Continue reading

Ethics Quiz: Should Shannon Stone’s Family Sue the Texas Rangers?

One Thursday, a 39-year-old firefighter named Shannon Stone leaned over a stadium railing at a Texas Rangers game to catch a ball flipped into the stands by Ranger outfielder Josh Hamilton.  Stone’s son, 6-year old Cooper, was a big Hamilton fan, and the devoted father made an extra effort, catching the ball but falling over the railing down to the concrete 20 feet below. He went into cardiac arrest on the way to the hospital, and died.

The railing where Stone fell is 33 inches, seven inches more that the legally required 26 inches. Why is it that short? So people sitting in the front row can see the game without having to look through the railing. Is it dangerous? Well, it was dangerous this time.

Everyone, naturally, is horrified by the tragedy. The Rangers held a moment of silence for the firefighter at the game last night. Hamilton, who like all major league players has been instructed to toss inning-ending balls and retrieved fouls into the stands for fans to catch as souvenirs, is understandably distraught.

Your Ethics Quiz: Should the Stone family sue the Rangers? Continue reading