Tag Archives: Roy Moore

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading

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Comment Of The Day: ‘“The Popeye,” From The Ethics Alarms Ethics Estoppel Files: I Can Say The Republican Party Is Rotting…”, And My Epiphany About Investigative Reporting

This comment by Humble Talent, one of several COTD entries he has made lately, has to get up today before the ick that was the Alabama Senate Race subsides, and the comment feels moot—though it would not be.

But first, my epiphany about investigative reporting…

Humble’s comment made me realize something that was right in front of my eyes, and has been for a long time, and yet I never before connected the dots. This is especially galling because it involves distrust of the news media, and as you know, I think about this a lot.

What I only now realize, thanks to Humble Talent,  is that investigative reporting is virtually always partisan or agenda-driven one way or the other. It isn’t the highest form of journalism, as we of the post-Watergate era have been taught to believe. It may be the most sinister.

Journalists can’t investigate everything. They have to choose what to investigate, and when, and those choices are inevitably determined by biases and political agendas. If choices are made, and they have to be—what do we investigate, about who? When do we know we have something worth printing? When do we run it? What will happen if we do?—the choices will reflect biases, unless coins are flipped and lots are drawn.

I never thought about whether the timing of the Roy Moore teen dates stories the Post ran were timed to come out when they did. But Humble makes me think: did the Post bother to look for dirt on Jones? I doubt it. I think an editor said, “This guy Moore is horrible. I bet there’s some scandal out there that can take him down, maybe a sex scandal. Let’s dig.” The Post sees that as a public service—Moore is objectively horrible—but the “investigative reporting”  is essentially opposition research to benefit the Democratic candidate. Then the damning results of the investigation were published when they were deemed to be able to cause the most chaos in the campaign.

Why didn’t this occur to me when I was watching “Spotlight”? We see, in that film about the Boston Globe’s investigation into child abuse in the Boston Catholic Diocese, how the story was held up for months as a mater of tactics and politics. The story almost wasn’t run at all. Now, why did I just assume that it was random chance that…

  • The Harvey Weinstein esposé wasn’t released before the 2016 election?
  • Provocative passages in Barack Obama’s books about “considering” homosexuality and eating dog never were investigated or explored by the mainstream news media during the 2008 campaign?
  • The revelations about Hillary Clinton’s illicit private server were published by the Times 18 months before the election, giving her plenty of time to make them harmless?
  • No major news organization sought to do a Watergate-style investigation of the IRS sabotage of conservative group participation in the 2012 Presidential campaign, although the Obama Justice Department investigation was obviously a sham?

I’m an idiot. Was I the only one this gullible? I knew that the press could have ended JFK’s Presidency almost at will, but was intimidated out of doing so and wasn’t that unhappy about it. I knew the press intentionally kept the Clinton rape allegation from the public, for fear it would affect the impeachment outcome. I knew that CBS and Dan Rather’s investigative reporting about President Bush’s National Guard conduct was  devised and timed (and falsified) to give Kerry the election.

Investigative reporting regarding politics is always politically driven. It has to be.

Duh.

I am completely dedicated to the Bill of Rights’ guarantee of a free and unencumbered press. A democracy without a free press is doomed. I am also convinced that a free press that abuses its power and influence is as great a threat to democracy as no free press at all.

Here is Humble Talent’s Comment of the Day on the post, “The Popeye,” From The Ethics Alarms Ethics Estoppel Files: I Can Say The Republican Party Is Rotting, Democrats, But You Can’t: Continue reading

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Morning Ethics Warm-Up, 12/13/2017: Roy Moore Lost. Good.

Good Morning, y’all.

1 Stating the obvious that a lot of people won’t have the integrity to admit is obvious. Roy Moore lost to Democrat Doug Jones in the special U.S. Senate election in super-conservative Alabama. This is solely because Moore, as Ethics Alarms discussed back in September, is such a horrible candidate that even Luther Strange, the corrupt Republican  he replaces (appointed to fill Jeff Sessions’ seat) would be a better choice. But literally anyone would. Moore is among the few candidates on earth whom to block from a position of power I would vote for Hillary Clinton, Mitch McConnell, Nancy Pelosi or Donald Trump. We have a game at our house called “What candidate would make you vote for Roy Moore?” So far, he has beaten the shambling zombie of Richard Speck.

And Roy Moore lost by a little more than one percentage point in Alabama.

The news media is already spinning this as significant. Yes, it is significant: it means that about half of Alabama voters (and two-thirds of the whites who voted) are not up to the intellectual challenges of democracy, and the other half are at least able to recognize the unacceptable dangers of putting a cretinous, racist, homophobic theocrat in high elective office. Whoop-de-doo. It is not a “rejection of Steve Bannon.” It is not a “rebuke for Donald Trump,”  either. CNN’s openly anti-Trump hack Jim Accosta on Twitter: “Source close to WH: “It’s devastating for the president… this is an earthquake… Virginia but on steroids… the president has egg on his face” because of Bannon.” Trump opposed Bannon, Coulter, Palin and the other hard right jerks by endorsing Strange. This loss is only “devastating” to Trump in the eyes of those who want everything to be devastating for Trump. Will journalists ever go back to realizing that quoting an anonymous source like that as news is completely unethical and undermines trust in reporters? I know Jim Accosta won’t. It’s also interesting how many news reports used that term “earthquake,” especially since it is usually reserved for shock election landslides and ideological upheaval. What a coincidence!

Where was I? Oh…right…

It does not mean that “Alabama has turned blue.” It means that there are some candidates so incompetent and untrustworthy, and who represent such an insult to voters, that they can’t win no matter who runs against them.

2. Polls? We don’t need no stinking polls! So both the poll that said Moore was way ahead and the one that said Jones was way ahead were wrong. The polls that said it would be close were right. Who needed a poll to tell them that? Fake research.

3. Why didn’t Trump didn’t collude with God to rig the election? Roy Moore refuses to concede, and says that “God is always in control.”

What an embarrassment to people of faith, Alabama, Republicans,  conservatives, judges and homo sapiens he is! Continue reading

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Morning Ethics Warm-Up, 12/12/2017: Idiotic Roy Moore Endorsement, Irresponsible Drug, Incompetent Ethics Study…

Yeah, right…

1 Idiot’s Delight. It seems unkind to say, but today we will learn just how many idiots there are in Alabama. That’s useful information for any state, don’t you think? There is literally no non-idiotic justification for voting for a man like Moore, with his record, to any elective office, much less the U.S. Senate. Yet I strongly suspect he will win, and the disproportionately Democratic and liberal tilt of the those exposed in the Harvey Weinstein Ethics Train Wreck will have been the tipping point.

Here is a jaw-dropping example of the level of intellectual rigor expected of Moore voters.

At an election eve Moore event,  one of the speakers was Bill Staehle, who served with Moore in Vietnam. As an endorsement of Moore, Staehle told the tale of a fellow soldier comrade of both men who  invited them to accompany him to a private club in Saigon to celebrate the man’s final night there. The third man drove them to the club in his Jeep, but when they arrived, Staehle told the crowd, it became clear that they were at a brothel, and that their colleague had tricked them.

“There were certainly pretty girls. And they were girls. They were young. Some were very young,” Staehle said. Here is the point of the story: Moore was shocked by what he saw, Staehle claims. “We shouldn’t be here, I’m leaving,” Staehle, quoted the future disgraced judge and absurd Senate candidate as saying. They both left, leaving their friend stranded with underage prostitutes all night.

The moral of the story: “He’s the same guy… He’s honorable. He’s disciplined. Morally straight. Highly principled.”

Hey, I’m convinced!

The story, of course, proves nothing relevant to Moore’s character at all, and if Staehle thinks it does, he’s an idiot.

Staehle hadn’t seen Moore in 45 years, and this was a single incident. How does he know “He’s the same guy”? Besides, the anecdote tells us nothing about Moore’s character. Who knows why Moore left? Maybe he didn’t want to pay for sex with young girls, knowing that he could get plenty free once he got back to Sweet Home Alabama. Maybe he wasn’t attracted to Asian girls. Maybe he was afraid of getting a disease.

Only an idiot would find Staehle’s logic persuasive….but that is the target group, I guess. Continue reading

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“The Popeye,” From The Ethics Alarms Ethics Estoppel Files: I Can Say The Republican Party Is Rotting, Democrats, But You Can’t

“That’s all I can stands, ’cause I can’t stands no more!”

—Popeye the Sailor, when he felt like I did while so many of my progressive friends were posting this op-ed by David Brooks.

Democratic posturing and moral outrage over Roy Moore’s support by Republicans is too much to bear. The hypocrisy and historical amnesia their caterwauling requires is truly nauseating. I could not believe that David Brooks of the Times would write about how the REPUBLICAN PARTY is rotting while the Democratic Party was wildly oscillating between defending a Congressman who had apparently harassed multiple staff members while in office because he was an “icon,” to playing the race card against its own Senator because he had been accused of conduct he denied years before he was elected, to dispensing with due process to demand that another Democratic Congressman resign, to forcing the Senator to resign (but probably only because their party controlled that State House), to forcing a vote on a shamefully contrived impeachment resolution, to all but guaranteeing the election of Moore because of revelations of the astounding sexual hypocrisy of their core allies among the news media, their key donors and their mouthpieces in Hollywood, while their bitter, losing Presidential candidate’s claim of a conspiracy to excuse her inexcusable defeat became less and less tenable as the investigation it spawned revealed itself to be incompetent and conflicted.

But the Republican Party is rotting.

Now, Ethics Alarms, unlike Brooks, unlike the Times, unlike MSNBC , unlike Hillary Clinton and unlike the Democratic party and any citizen so devoid of integrity to align with such a crew, can say the Republican Party is rotting. In fact, like Mr. Kimball would say on “Green Acres,” I will say it: the Republican Party is rotting. I can say it now because I said two years ago that it would commence rotting if it could not and would not stop Donald Trump from getting its nomination, something the party leaders had the power to do but neither the will nor the integrity. I said this, in various ways and with assorted provocation, right up to the convention.

Roy Moore? He’s minor rot, comparatively, and the Democrats don’t even honestly or competently argue what is most rotten about him. They want to concentrate on his “Deliverance,” hillbilly, low-life, dating preferences enabled by ignorant Alabama mothers forty years ago, when the man  today thinks he can defy the Supreme Court and the Constitution, thinks America was at its best under slavery, thinks women should be kept barefoot and pregnant, would love to see gays stoned to death, and wants a Christian theocracy to rule the land.

But that’s quibbling: Moore is certainly rotten, and the GOP doing anything but declaring him a human pathogen for the Senate and democracy is certainly proof of rot. Until, however, Republicans make Moore the keynote speaker in a future convention dedicated to condemning a “war on children,” I’ll handle the rot assessments, thanks, along with any other commentators, academics and citizens who didn’t spend the last, oh, half century or so extolling the likes of Jack Kennedy, Bobby Kennedy, Teddy Kennedy, and the Clintons.

The Democratic Party has happily celebrated, covered up and profited from rot. As Obi Wan would say, “The Rot is Strong Within Them.” Thus they are estopped from calling out rot anywhere. Continue reading

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December 8, 2017, When Our Old And New News Media Proved Beyond A Doubt That They Were Untrustworthy And If Not Completely Useless, Close Enough For Horsehoes

I am marking down today to cite the next time someone tells me that the news media isn’t disastrously biased, or that President Trump is threatening the First Amendment when he tweets about “fake news” or untrustworthy journalists.

Or perhaps, as an alternative, I will hurl myself into a woodchipper.

Democracy cannot survive, must less thrive, without an informed citizenry, which can only be achieved with an objective, independent, competent journalism sector.

We no longer have one. Behold the nauseating developments of today: Continue reading

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My Last Ethics Post About Roy Moore

I hope.

Unless he loses, and then my post, in its entirety, will read, “Good!”

The Republican Party reversed its previously signaled course this week, and appeared to be supporting the Senate candidacy of Roy Moore. This has been greeted by Democrats, the leftward pundits and news media as the equivalent of the GOP endorsing Jeffrey Daumer. “This is the end of the Republican Party!” I have read, in various forms. meanwhile, the predictable feckless Senate Majority Leader Mitch McConnell also reversed himself. Once he said that Moore would not be seated if elected,  said he believes Moore’s accusers and called for the candidate to step aside. Now he’s saying it’s up to Alabama voters to decide. “The people of Alabama are going to decide a week from Tuesday who they want to send to the Senate,” McConnell said on CBS’s Face the Nation Sunday. “It’s really up to them. It’s been a pretty robust campaign with a lot of people weighing in. The president and I, of course, supported somebody different earlier in the process. But in the end, the voters of Alabama will make their choice.”

Observations:

  • The Republican Party had an obligation not to endorse (or run) Moore before a single accusation regarding his fondness for teenage girls surfaced. He was already unfit for office; it wold be unethical to support him if he had the personal life of Pat Boone.

If the party somehow decides that stalking shopping malls for dates and persuading mothers to pimp out 14 year olds was nothing to get upset about in a U.S. Senator, there would still be  the fact that Moore doesn’t believe in the rule of law, the Constitution, Equal Justice or the Bill of Rights, and that he’s an anti-gay bigot. These are more disqualifying than any sexual misconduct he engaged in 40 years ago. After all, I strongly suspect that 20-30, maybe more, U. S. Senators have engaged in past sexual misconduct that would make their continued presence in the Senate unpalatable. I don’t think any of them have acted or considered acting as Moore has, repeatedly violating the hierarchy of authority in the government, and arguing that that God has veto power over the Supreme Court. Mike Huckabee, at his worst, has said similar things, but he’s a talking head now; I can’t envision him actually defying a court order.

  • As I wrote back when the GOP had a chance to refuse to nominate Donald Trump, a political party is charged with maintaining the integrity of the government and our democracy, which means only offering for election candidates for office who are at least minimally qualified and trustworthy. That is a party’s duty: not just to win elections, but to win them with candidates of whom it can be reasonably and objectively said  will serve the nation with honor and competence. That can’t be said of Roy Moore, and it never could.

To a great extent, all the focus on his teen dates obscure the real problem with his candidacy. Since a majority of Alabama Republicans don’t believe Moore’s accusers, this has helped him. Continue reading

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