scandals

KABOOM! Wait, Head, Why Did You Explode When Nothing About This Story Should Come As A Surprise?

/ Jack Marshall / 9 Comments
Wait, this shouldn't be happening...

Wait, this shouldn’t be happening…

As I once again pick my brains and skull fragments off the walls and ceiling and get the Crazy Glue, I am decided annoyed at my head for exploding at this latest blatant example of the White House screwing up in amateurish and damaging fashion, and a respected (not by me, but you know what I mean) member of the news media taking blatantly unethical steps to try to assist in damage control. After all, the Ethics Alarms KABOOM! designation is supposed to be reserved for ethics news so outrageous or beyond the realm of plausibility that it causes rational brains to overload and blow. This story, in contrast, is typical of what has been going on for the last six years. It perfectly illustrates the destructive sequence we have seen since 2008, with evidence of Obama administration incompetence and media seeing its responsibility not as informing the country so it can make informed decisions about its government, journalism’s ethical duty, but protecting the President it worked so hard to elect. I need to solve this mystery, because head explosions are bad for my heath, not to mention the decor. Let’s look at the story, and then come back to “The Mystery Of Jack’s Exploding Head.”

From the Washington Post yesterday, in a story by reporters Greg Miller:

“The CIA’s top officer in Kabul was exposed Saturday by the White House when his name was inadvertently included on a list provided to news organizations of senior U.S. officials participating in President Obama’s surprise visit with U.S. troops. The White House recognized the mistake and quickly issued a revised list that did not include the individual, who had been identified on the initial release as the “Chief of Station” in Kabul, a designation used by the CIA for its highest-ranking spy in a country. The disclosure marked a rare instance in which a CIA officer working overseas had his cover — the secrecy meant to protect his actual identity — pierced by his own government. The only other recent case came under significantly different circumstances, when former CIA operative Valerie Plame was exposed as officials of the George W. Bush administration sought to discredit her husband, a former ambassador and fierce critic of the decision to invade Iraq.”

As I have pointed out, again, just recently, this isn’t an isolated incident but rather the inevitable result of the top-to-bottom incompetence in the administration assembled by Barack Obama.There are undoubtedly thousands of gaffes and botches like this, big and small, with long-term consequences and short, all over the government, all the time. Some get people killed, some will, some will help countries be ravaged by despots, some waste millions, or billions of dollars. There is so much incompetence that an outrageous amount of time, manpower and effort is being diverted to covering up the messes or trying to make sure they don’t become outright catastrophes, and this government is incompetent at that, too. Continue reading →

Rationalizing Corruption

/ Jack Marshall / 11 Comments
But remember: the trains ran on time!

But remember: the trains ran on time!

It is a debate that erupts here periodically: Do you vote for the honest and trustworthy politician whose policies you despise, or the lying rogue who stands for all the “right” things? Washington Post editor Hilary Krieger raises the issue with gusto in the Sunday Washington Post, with an essay titled (in the print edition) “Is a little political corruption all that bad?”

Yes, Hilary, it is.

Next question?

But perhaps that’s not sufficient to kill this particular snake, so let’s delve a bit deeper into this truly fatuous, ethically obtuse article. Continue reading →

Ethics Observations On Sticks, Leadership, And Chris Christie’s Vindictive Bridge Closing Scandal

/ Jack Marshall / 30 Comments

Christie apologizes

Before we delve into the starting point for most ethics inquiries—What’s going on here?— a summary…

Last September, the Port Authority of New York and New Jersey closed all but one lane of the George Washington Bridge , horrifically tangling commuter transportation in Fort Lee, New Jersey, just across bridge from Manhattan. The lane closures  delayed emergency responders to four calls, and may have resulted in at least one death. New Jersey Governor Chris Christie’s office had attributed the lane closures to a traffic study.  But smoking gun e-mails emerged proving beyond the shadow of a doubt that the bridge closing was far more sinister: top Christie aides engineered the gridlock specifically to cause problems for Fort Lee, whose mayor had angered the Governor by refusing to endorse him for re-election. It was political payback of a particularly brutal and Machiavellian sort.

“Time for some traffic problems in Fort Lee,” wrote Bridget Anne Kelly, a deputy chief of staff to Christie, in an email on Aug. 13 to David Wildstein, Christie’s appointee at the Port Authority. Wildstein resigned in December after news of the scandal first broke; he has since refused to answer questions in a hearing on the matter, citing the Fifth Amendment. Christie fired Kelly yesterday, and in a long and emotional press conference, profusely apologized while insisting that he knew nothing of the plot, but accepted responsibility for the actions of his staff. The incident is attracting national interest because Christie, a Republican,  is an intriguing and controversial  potential candidate for a 2016 Presidential run.

Observations:

  • This is bad, and there is no defense for it. Government power should never be abused like this, by anyone. Distorting one’s duties to the public to harm members of the public out of such motives as spite, revenge, retribution, intimidation or personal and political gain is the moral equivalent of a crime.
  • In fact, it should be a crime. It can’t be, because the problem is that some degree of such distortions of the duty to act in the public’s best interest are essential political tools that cannot be jettisoned without undermining effective leadership as well. Politics works through the carrot and the stick, and the stick virtually always causes collateral damage. At every level of government, refusing to do what a powerful leader wants must have negative consequences, or nobody will do what the leader wants, and he or she will no longer be effective. That, in the end, hurts the public too–presumably more seriously than the short-term harm from political payback. Continue reading →

My JFK Ethics Tale

/ Jack Marshall / 23 Comments

 Shredded Files

As regular readers here  know, I am not an admirer of the character of John Fitzgerald Kennedy, though he had some notable leadership skills that I respect. His reputation as a great man and President is vastly inflated and, in a strange way, I may share some of the responsibility for that.

Several years ago, I had just completed an ethics seminar for the DC Bar. One of the issues I discussed was the lawyer’s ethical duty to protect  attorney-client confidences in perpetuity, even after the death of the client. An elderly gentleman approached me, and said he had an important question to ask. He was retired, he said, and teased that I would want to hear his story. I don’t generally give out ethics advice on the fly like this, but I was intrigued.

“My late law partner, long before he began working with me, was Joseph P. Kennedy’s “‘fixer,'” he began, hooking me immediately. “Whenever Jack, Bobby or Teddy got in trouble, legal or otherwise, Joe would pay my partner to ‘take care of it,’ whatever that might entail. Well, my partner died last week, and when I saw him for the last time, he gave me the number of a storage facility, the contract, and the combination to the lock. He said that I should take possession of what was in there, and that I would know what to do. Continue reading →

I Regret Being Obligated To Say It, But I Told You So…

/ Jack Marshall / 40 Comments
You might want to get to know these guys, Mr. President: you are probably going to spend a lot of time with them in the history books.

You might want to get to know these guys, Mr. President: you are probably going to spend a lot of time with them in the history books.

(I have wrestled to the floor past urges to write a post like this, but this time, I think I have to.)

In May, I concluded a post about the “scandal trifecta” with this:

“Four years of hyperpartisan, arrogant, irresponsible, rudder-less and badly managed government have had the predictable result, and I will be stunned if we have yet seen the worst of it.”

I was not stunned, unfortunately. And we may see worse yet. We probably will.

May 2013 was far from the first time I noted the apparent vacuum of leadership in the Oval Office. Two years earlier, when the Administration was breaching security to take credit for Bin Laden’s death, I wrote, “To hell with “Hope and Change”…I’ll settle for responsibility and competence.” Of course, we have gotten neither, nor did I expect a different result even then. I didn’t expect a different result in January of 2009, to be frank. Oh, I hoped, as I think almost everyone but Rush Limbaugh and Mitch McConnell did, that Obama would prove adept at the job he had the audacity to seek.  Some Presidents with leadership credentials almost as thin as Obama’s have turned themselves into competent executives, though I suspect that those successes had the self-awareness and humility to know that they had some learning to do, as Obama does not. They also did not have a chorus of sycophants in the media and the public telling them how magical they were. It was quickly obvious, however, that President Obama’s concept of leadership was (and is) to give speeches, raise campaign funds, appoint loyalists, and sit back while they do the best job they can until they royally screw up, then express surprise and disappointment and let the same people have another crack at it.

And lie, of course. Can’t forget that. Continue reading →

“How Not To Be A Hero” by Edward Snowden

/ Jack Marshall / 9 Comments

“If his motives are as he has represented them-–“I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant,” he wrote in a note accompanying his first set of leaked documents—-then he acted courageously and selflessly.”

—- Ethics Alarms, June 10, 2013, referring to the conduct and statements of Edward Snowden, NSA “whistleblower.”

That's outrageous! They are collecting our phone records and our...hey, "The Fugitive!" I LOVED that show!!

That’s outrageous! They are collecting our phone records and our…hey, “The Fugitive!” I LOVED that show!!

Now we know that his motives are not as he represented them. From his statement that I quoted, I assumed that Snowden’s intent was to make himself available to U.S. authorities, and to prompt debate regarding the government’s widespread intrusions into the private communications of presumed-to-be-innocent citizens, as well as to ensure that the issue did not get drowned out, superseded and swept aside by distractions, as so many vital issues are. This was an indispensable second step, though I did not begrudge him some time to prepare for it. It would be the action of a one engaged in classic civil disobedience; it would demonstrate sincerity, public-mindedness and courage, and it would avoid his exploitation by the many around the world, and domestically, who wish the U.S. ill.

Instead, Snowden decided to run. Continue reading →

Ethics Observations On The NSA Surveillance Revelations….

/ Jack Marshall / 20 Comments

NSA

My current ethics observations on the unfolding NSA story:

  • I do not have enough facts to conclude that what NSA whistleblower Edward Snowden did was truly heroic, but if one is going to be a whistleblower, Snowden did it the ethical way. Snowden decided not to hide his identity, and accepted responsibility for his actions. If his motives are as he has represented them-—“I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant,” he wrote in a note accompanying his first set of leaked documents—-then he acted courageously and selflessly. Whether or not he also acted responsibly depends on whether he correctly weighed the possible harm of his leak against its benefits. Since its benefits include exposing what may well be ruled to be an unconstitutional and overly broad violation of citizens’ rights, I’m not certain any harm would sufficiently outweigh them in ethical balancing.
  • If it is true, as he says, that Snowden himself had the power to examine private communications of citizens who were not suspected of any crime, then the representations of Sen. Feinstein, the President and others that the NSA program was reasonable and not an abuse of power is not only untrue, but a lie. Snowden is a high school dropout, a consultant, about whose judgment, reliability and trustworthiness the NSA knew next to nothing, and what they thought they knew was obviously wrong, since he betrayed the agency. If such massive power to invade private communications and thoughts is casually placed in the hands of such an individual by a security agency, what other faceless future power-abusers have been similarly armed? Continue reading →

Unethical Quote of the Week: White House Spokesman Jay Carney

/ Jack Marshall / 24 Comments

“We could go down the list of questions–we could say ‘What about the president’s birth certificate? Was that legitimate?’”

—–Jay Carney, in yesterday’s news media briefing, apparently suggesting that public concern with at least four episodes raising legitimate questions regarding  serious misconduct at high levels of the Obama Administration was the equivalent of “birtherism.”

Welcome to the club, Jay!

Welcome to the club, Jay!

At this point, it is fair to say that Jay Carney can no longer be expected to be honest, responsible or professional, and thus can be included among the elite class of public figures, like Donald Trump, Bill Clinton, Bill Maher and Newt Gingrich, to whom absurd and unethical utterances are like breathing in and out, are shameless, and barely noteworthy on an ethics blog. Unethical people say and do unethical things. That pretty much covers it.

Carney, however, is not like the others in that he speaks for the White House, and Barack Obama. Continue reading →

Comment of the Day: “The ‘So What?’ Follies”

/ Jack Marshall / Leave a comment

My brilliant friend, lawyer/writer/actor/singer/dancer Loarraine McGee, scores with a  Comment of the Day that it probably takes a Broadway musicals buff, Stephen Sondheim worshiper, Mandy Patinkin lover or “Glee” fan to fully appreciate, a lyrical comment to the melody of Sondheim’s “Buddy’s Blues” from the second act of his great, troubling 1971 musical “Follies.”  Here is the song (Bronson Pinchot is no Mandy, but he’s OK), and then Lorraine’s Comment of the Day, to the today’s post “The “So What?’ Follies,” follows.

“Did you say “Follies”????”

I’ve got those

“Gotta keep the numbers up-Find something!-I can make it Neeeews” Blues!

That

“Long as there are photos I can make it seem important” feeling!

That

“If you’re slightly famous all you do is enough,
As long as there’s a talking head involved it’s good stuff,”
And “Bring the camera closer, gotta make the public buy this!” feeeeeeling!

Those

“Everything is ad sales so I gotta make the nonsense neeeews!” blues!

The “So What?” Follies

/ Jack Marshall / 16 Comments
So what?

So what?

Reluctant to report actual news, in many cases, that makes their favorite politicians and elected leaders look bad, or perhaps as they really are, our sad, inept and juvenile news media attempts to balance its lack of diligence by promoting other stories as brewing scandals that have no legitimacy whatsoever, and are similarly fueled by bias. Two particularly offensive examples: Continue reading →