James Comey’s Ethical Conflict

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We now know that James Comey’s decision to inform Congress that the Clinton e-mail investigation had been re-opened (If I hear one more Clinton spinner  tells me that no case is ever “closed,” even one that is “completed,” I am going to run naked through the Safeway, screaming dirty limericks in pig latin. Be warned.) was “against Justice Department policy,” specifically the policy of “not acting in such a way as could influence an upcoming election.” Comey understood he was violating these guidelines, sources tell us,but felt he was obligated to do so because he had promised members of Congress he would inform them of any further developments related to Clinton’s email server misuse. Thus he sent a letter to F.B.I. employees after alerting Congress of the (possible) new evidence that necessitated re-opening the investigation. In the letter,  Comey acknowledged that his actions were unprecedented, but explained that…

I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record. At the same time, however, given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression. In trying to strike that balance, in a brief letter and in the middle of an election season, there is significant risk of being misunderstood, but I wanted you to hear directly from me about it.

According to the Washington Post,  Comey was also concerned that the discovery of the emails would be leaked to the media after he briefed a team of investigators about them, causing the  F.B.I. to be accused of a coverup to benefit Clinton.

Some ethics conclusions:

1. Comey’s actions are consistent with an understanding of the Ethics Incompleteness Principle, which is often discussed on Ethics Alarms:

The human language is not sufficiently precise to define a rule that will work in every instance. There are always anomalies on the periphery of every normative system, no matter how sound or well articulated. If one responds to an anomaly by trying to amend the rule or system to accommodate it, the integrity of the rule or system is disturbed, and perhaps ruined. Yet if one stubbornly applies the rule or system without amendment to the anomaly anyway, one may reach an absurd conclusion or an unjust result. The Ethics Incompleteness Principle suggests that when a system or rule doesn’t seem to work well when applied to an unexpected or unusual situation, the wise response is to abandon the system or rule—in that one anomalous case only— and use  basic ethics principles and analysis to find the best solution. Then return to the system and rules as they were, without altering them to make the treatment of the anomalous situation “consistent.”

Assuming that the “policy” is a sensible and ethical one to begin with (though it isn’t), this was an anomalous case. The FBI, and Comey personally, were rightly under intense criticism for their handling of the investigation. Among other puzzling decisions, Clinton’s aides were given immunity for no apparent reason; Clinton’s interview was neither videoed nor under oath; and Cheryl Mills, who was directly involved in the private server fiasco, was allowed to serve as Clinton’s lawyer when she was questioned. The policy was designed to protect the Justice Department and its component from suspicions of bias and partisan complicity, and the inept handling of the investigation  had already created those suspicions. When such a policy appears likely to have the opposite effect that it was established for, the rational and ethical approach is to make an exception, which is what Comey did.

2. This was courageous. Continue reading

Essay: On Loretta Lynch And Fighting Cynicism And Distrust Regarding The FBI Investigation Of Hillary Clinton

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Warning:

This is long.

I think it’s important

In the wake of Attorney General Lynch’s acknowledgment of wrongdoing in meeting, however briefly and innocently, with Bill Clinton, some  reader comments here are redolent of the destructive distrust of government and leadership engendered by this administration and others, particularly Bill’s. Yet this attitude feeds on itself, and is to an extent a self-fulfilling prophecy. If leaders think that people expect corruption, they are less likely to shy away from it. Cynicism leads to acceptance. Of course, this is one explanation of why the tarmac meeting took place—pure arrogance and a belief that with the news media’s complicity, now virtually any degree of government dishonesty and corruption will be either effectively hidden from the public, or accepted by it.

This is untrue, still. Indeed, this episode is proof that it is untrue, though the news media did make (disgusting and ignorant) efforts to shrug off the clear appearance of impropriety represented by Lynch having a meeting with Clinton the Impeached under these circumstances. Why do I labor trying to write these essays explaining the legal and ethical context of such events if readers are so poisoned by bitterness and distrust that they can’t or won’t process them, and just default to “it doesn’t make any difference, all is shit, all is lost”?  If I believed that, I wouldn’t be spending time—work  time, uncompensated time—writing this stuff. I can earn peanuts directing professional theatrical productions: it makes people happy, gives actors work, and is a lot more fun, believe me.

Paranoia, suspicion, despair, and conspiratorial views of government, which are all these comments represent, are just forms of bias. Bias makes us stupid, and in this case, bias makes us dysfunctional as a people and fearful and miserable as individuals. Continue reading