The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading

The Ghailani Verdict Spin

Terrorist and mass murderer Ahmed Khalfan Ghailani was acquitted this week of 284 counts of murder , deaths that he unquestionably engineered, planned, a brought about in the 1998 bombings of the U.S. embassies in East Africa. He was convicted of just one count: conspiracy to destroy U.S. property and buildings. Since one logically cannot conspire to destroy buildings with people in them and not be guilty of murder, the verdicts make no sense. There was indeed plenty of evidence presented to prove Ghailani  guilty of all the murder counts beyond a reasonable doubt, but this was just a bad jury, or to be more precise, a jury with a bad juror. We now know that one women held out against the rest, insisting on acquittal for the murder charges for reasons known only to her. Maybe she thought he was Ghailani. Maybe she wanted to make the Obama Administration, and specifically the Department of Justice, look inept, though it hardly needs any assistance. Maybe she’s a fan of terrorism. Maybe she’s just a dolt….who knows? The bottom line is that a terrorist got away with murder. Continue reading

Ethics Dunce: Nancy Pelosi

Speaker of the House Nancy Pelosi is currently engaged in a demonstration of how the objectives of public service can become so distorted in the minds of those with power that they lose their ethical bearings completely.

By many standards of legislative success, Pelosi’s tenure as the leader of the House of Representatives has been a triumph. Nevertheless, she has become the face of the epic rejection of Democrats at all levels of government in the recent election. Her personal approval rating outside her native San Francisco hovers in single digits, and the Republicans successfully made “Fire Pelosi” a successful campaign slogan. Voters did fire Pelosi. Fairly of unfairly, she came to symbolize the arrogance of power, a contempt for the opinions of ordinary citizens, and runaway government. Like Harry Reid, her counterpart in the Senate, Pelosi’s talents lie in getting things done behind the scenes, not making herself look good in front of them. Now, with the country no longer mesmerized by Barack Obama and souring on the Democratic leadership and agenda, she needs to get off the stage.

But she refuses to go. Historically, most speakers whose party has been turned out of power accept responsibility for the defeat and allow new leadership to emerge. It is the logical course: only raw ego argues for anything else. Many believed that Pelosi would resign her seat and leave the House altogether. To the surprise of political observers, however, she announced that she would seek the post of Minority Leader, setting off a power struggle in her party. Current Majority Leader, Steny Hoyer, announced that he would seek the #2 power role of Minority Whip, pitting him against current whip James Clyburn,  and also pitting Democratic moderates, represented by Hoyer, against the influential African-American leadership in the party, represented by Clyburn.

Meanwhile, Republicans are rejoicing. Pelosi’s return will look like one more Democratic refusal to respect the will of the public, and the prospect of having the same leadership trio of Obama, Reid and Pelosi leading the party after its electoral dressing down seems like a dream come true.

Pelosi’s decision is bad for her party and her colleagues, who have been loyal to her. It is also bad for the country, even if one believes, as many do not, that her imperious leadership style is justified by the legislative success it produces for progressive policies. Washington and the public trust are being poisoned by anger, cynicism and partisanship, and Pelosi shares the blame for all three. The Democrats desperately need a new style and a new symbol in Congress, and most in and out of the Democratic Party know it.

Nancy Pelosi’s refusal to step aside places her own ego above the needs of public service and country, and is as blatant an example of power corrupting judgment as one can imagine. At a time when all ethical considerations argue for her to swallow her pride and let others take over, she is willing to jeopardize not only her party’s comity, unity and image but her own legislative achievements.

In politics, having one’s most dedicated adversaries  cheering your decision is a strong clue that you are missing something. In this case, what Nancy Pelosi is missing are accountability, humility, fairness, and common sense.

Ethics Double Dunces in Ohio: McDonald’s Owner Paul Siegfried and Rep. Jean Schmidt (R, OH.)

The great state of Ohio gave us two Ethics Dunces last week, both related to the upcoming election, both Republicans, both outrageous. Your call as to who was worse; it’s awfully close:

1. Paul Siegfried, Ohio Ethics Dunce #1: The owner of several McDonald’s in northeastern Ohio  distributed Republican campaign material to his employees and added a threatening note to their paycheck envelope “suggesting” that three G.O.P. candidates receive their support. Continue reading

How Partisanship Corrupts Us All At Election Time

The upcoming election, among other horrible things, will stand as a landmark of ethical corruption, as parties, news sources and voters will have thoroughly abandoned integrity and weakened their core values by excusing damning behavior from their favored candidates, behavior that, if honestly and objectively evaluated, should disqualify them from any office of trust.

We have already seen disturbing examples of this phenomenon in such embarrassing displays as Rep. Charles Rangel’s birthday celebration, as major Democrats lined up to give tribute to a Congressman who has abandoned multiple ethical duties, including an absolute disgrace for any Chairman of the House Ways and Means Committee, willful tax evasion. Rather than take a stand for honest government and representatives the public can believe in, partisan supporters are blaming Rangel’s self-made problems on Republican attacks, as if they made Charlie do it all at gunpoint.

The same theme is being echoed by conservatives on talk radio, who are making the case that the ridiculous Christine O’Donnell, who has undeniably misused campaign funds and misrepresented her educational background numerous times and ways, is being criticized for these “errors” because of a “media double-standard.” The only way to interpret such a defense is that the people making it believe all lies, misuse of donations and efforts to mislead the public are excusable if the press has ever ignored them when the transgressor was from the other party. Or they really don’t believe that, but are saying that they do. Either way, they are corrupt. Continue reading

President Obama’s Perfect Lie

What is a perfect lie in politics? It is a lie that gives strength to one’s defenders, cast’s blame on one’s enemies, and yet the victims of the lie would rather let people believe it is true than correct it, because the truth will hurt even worse. These lies are rare, but when you have one, it is a wonderful thing to behold. There is only one problem with perfect lies.

They are still lies.

As Reason’s Matt Welch points out in devastating fashion, President Obama has found such a lie, and repeats it often, though it has no basis in fact whatsoever, and Obama has to know it has no basis in fact whatsoever. Here is the latest version, from a speech this week: Continue reading

DeLay and Blagojevich: Not Vindicated, Not Innocent, and Not Ethical

Both Rod Blagojevich and Tom DeLay were taking victory laps this week, Blago because a jury failed to come to an agreement on his trial for selling political favors, DeLay because the Justice Department dropped its prosecution of  him. In the minds of both of these corrupt and shameless politicians, they were indeed vindicated, because both operate under the delusion that if one’s conduct manages to avoid breaking laws to the point where one could be found guilty beyond a reasonable doubt, then that conduct is “ethical.” This same delusion has been shared by many other human blights on American society and ethical corrupters in business and politics, including Presidents Richard Nixon, and Bill Clinton, Ken Lay, the executives at Goldman Sachs and AIG, Marion Barry, Maxine Waters, and too many others to mention. It is still a delusion. Continue reading

Ethics Dunces: Charlie Rangel’s Birthday Celebrants

From “The Hill”:

“Democratic leaders and major party donors plan to hold a lavish 80th birthday gala for Rep. Charles Rangel (D-N.Y.) at The Plaza Hotel in Manhattan next month, despite 13 ethics charges pending against the veteran lawmaker.”

Apparently New York’s U.S. Senators Charles Schumer and Kirsten Gillibrand plan to attend, as well as New York Gov. David Paterson and gubernatorial candidate Andrew Cuomo—Democrats all.

Here is the ethical problem—and it is hardly rocket science. When a public figure’s misdeeds are more prominent in the public’s view than his or her lifetime accomplishments, it is impossible to celebrate the latter without appearing to endorse, support, or other wise fail to show sufficient disapproval of the latter. Continue reading

Ethics Dunces: Sen. Kerry’s Critics

Hypocrisy, unfairness…pick your own adjective for Republican and conservative attacks on Sen. John Kerry for saving himself some money by docking his $7 million yacht in Rhode Island, where he could avoid Massachusetts’ s $435,000 one-time tax and an additional $70,000 in excise taxes every year. Incredibly, talk show host Sean Hannity just called Kerry a “tax cheat,” although Kerry is breaking no laws, has no obligation to make sure his home of Massachusetts gets all of his tax money, and is doing what all wealthy Americans—usually championed by Hannity and others as those who create jobs and make the country prosperous—do: using  available loopholes, safe harbors and tax minimization methods to hold on to as much money as he can. Continue reading

The Ethics Of Ending Public Broadcasting

The seeming inability of elected officials and politicians to deal with basic decisions involving responsibility, prudence, accountability and honesty is coming into sharp focus as yet another debate over taxpayer-funded public broadcasting on PBS and NPR gets underway.

Colorado Congressman Doug Lamborn has introduced legislation that would cut all federal funding, an estimated annual $420 million, for public radio and television as part of the necessary effort to close the nation’s more than $13 trillion debt. As one of thousands of measures that will have to be taken to stave of fiscal catastrophe in the future, the move is truly a no-brainer, an example of the standard budget-balancing strategy of eliminating the most non-essential expenses, no matter how nice it may have been to have them when resources were more plentiful. In a rational, ethical environment where politicians didn’t regard their interest group contributors as more important than the welfare of the nation as a whole, Lamborn’s proposal wouldn’t be considered controversial. The rational response from all would be, “Well, of course! That’s $420 million that can be better used.”

But no. Continue reading