Ethics Dunce: Washington Post Columnist Richard Cohen

Richard Cohen, a fair and smart liberal columnist who sometimes jumps the ethics rails...like now.

Richard Cohen, a fair and smart liberal columnist who sometimes jumps the ethics rails…like now.

Richard Cohen, the veteran liberal columnist at the Washington Post, is not your usual knee-jerk partisan pundit. He’s that rarity, a thoughtful and fair opinion journalist who does not choose his positions according to which side he would rather have drinks with. He really, really doesn’t like Republicans and conservatives, but he is capable of siding with them, or at least against his philosophical brethren, when common sense and matters of basic right and wrong beckon. I used to think of him as a left-biased partisan, but then I had a chance to read E.J. Dionne and Eugene Robinson on a regular basis, and Cohen’s relative objectivity and fairness became obvious.

He does have blind spots, however. One is sexual harassment, which, as an older guy who likes flirting with young women at the gym and doesn’t understand that whole “unwelcome advances” thing, he just doesn’t comprehend. Another is the compliance delusion. To be seriously unethical in Cohen’s eyes, you have to break the law. Otherwise, it’s “everybody does it.” Cohen is prone to fall for other classic rationalizations as well.  He is a “gut instinct”analyst where ethics are concerned, and gut instincts aren’t enough. They will eventually lead you astray. They lead Cohen astray.

This was the glaring flaw in his recent column about the Benghazi controversy, where Cohen fell into line with the Obama protectors in the media whose argument is, “So they lied…who cares?” He wrote in part…

“…President Obama was then really Candidate Obama and he surely did not want the words “terrorist attack” uttered during the presidential campaign. In addition, the CIA and the State Department were in a cat fight and could not agree on the wording of the talking points — or even, from a fair reading of their clashing e-mails, who the fanatical enemy was: al-Qaeda or members of Congress? In all this, it’s almost possible to forget that four Americans died in Benghazi. The event was a tragedy and it hardly matters, as then-Secretary of State Hillary Clinton vociferously maintained, if the attack occurred spontaneously or was planned. Either way, it was a success for the terrorists and a debacle for the United States.

“It is good to find out how this happened — who’s responsible for the inadequate security, etc. — and it is also good to hold the Obama administration accountable for putting out a misleading statement. But the record will show that a thorough report was, in fact, compiled. Its authors were Thomas Pickering, an esteemed retired diplomat, and Adm. Mike Mullen, an equally esteemed retired chairman of the Joint Chiefs of Staff. They found the standard mistakes and snafus — but no crime….Watergate, though, was a crime. Iran-contra was a crime. Government officials were convicted and some of them went to jail. Fudging a press release is not a crime. Compromising on wording is not a crime…It is not a crime either to make a mountain out of a molehill, but this particular one is constructed of a fetid combination of bad taste and poisonous politics. Dig down a bit and it becomes clear that some — many? — Republicans suspect that Barack Obama and-or Hillary Clinton are capable of letting people die to cover up a terrorist attack. Either that, or this is what they want us to think.”

It’s a fascinating passage, because you can see Cohen slowly going off the ethical rails: Continue reading

The Trustbusters Circle The Wagons: Why?

Why do they always do this?

"Thank you, Sen. Reed, for your comments. You can stop spinning now."

“Thank you, Sen. Reed, for your comments. You can stop spinning now.”

Republicans, Democrats—why? Why do they think, when they are caught in an obvious example of misconduct, it is smarter and more useful—it certainly isn’t honest, courageous or ethical—not to simply confess and apologize, even if it’s with hardly an ennobling statement no better than, “You got us. Yeah, we were lying. That was wrong. Sorry,'” rather than continue to lie? The now ridiculous contortions of Democrats (and their knee-jerk supporters in the public and the media, but forget about them, for they are merely pathetic) are doing independent harm, because they destroy trust in government generally, and that, for a democratic republic, is potentially fatal.

Way back in September, when U.N. Ambassador Susan Rice disgraced herself by going on five Sunday talk-shows and stating with deceitful certitude ( “our current best assessment”…”we believe”)  that the deadly attack on the U.S. outpost in Libya was solely the result of spontaneous outrage on the part of extremists over a video, and not an organized terrorist attack, critics said that the Administration was covering up what really happened, and lying about what they knew. The accusation was shouted down and indeed ridiculed by Administration officials, Democrats in Congress, and the Obama-promoting media (it was in the middle of an election campaign) as a partisan smear, but in fact the critics, partisan though they were, were right. Rice was disseminating disinformation. The Administration and its State Department were intentionally blaming a video when they knew better. Why is another story: conservative pundits believe it was to avoid having to admit, mid-campaign, that the signature accomplishment of the President’s term, killing Osama bin Laden and supposedly crushing al Qaida, was not quite the complete victory the Democrats were claiming. If that was the reason, it was a stupid reason, but that doesn’t mean it didn’t happen that way. Hiding inconvenient facts before an election is despicable, but lying to the public and the world is serious enough, whatever its motive.

When she was questioned in Congress about the misleading descriptions, Secretary of State Hillary Clinton signaled that the Administration was in cover-up mode, both by lying outright (“I did not say … that it was about the video for Libya.”) and making her infamous and ethically indefensible statement”With all due respect, the fact is we had four dead Americans. Was it because of a protest or was it because of guys out for a walk one night who decided to kill some Americans? What difference at this point does it make?” Now, thanks to multiple revelations, the testimony of whistle-blowers, and newly released e-mails, there is no question that Clinton’s State Department took the lead in scrubbing the CIA talking points that immediately attributed the attack in Benghazi to identifiable terrorist elements connected to al Qaida, and not a spontaneous demonstration against the video. Not only are the Administration’s defenders refusing to admit that what happened happened, they are recycling old tactics from other scandals to do it, which if nothing else is lazy and boring:

  • “This is old news.” Or, as (Liberal! Obama-loving!) NY Times columnist Maureen Dowd termed it, “It’s not true, it’s not true, it’s not true, it’s old news.” Dowd also correctly identified this as a classic from the Bill Clinton playbook, used for too many bona fide scandals to list. Continue reading

Drone Ethics: The Policy and the Memo

Hey, Fox News! INCOMING!!!

Hey, Fox News! INCOMING!!!

With the leak of the Obama Administration’s Justice Department memo laying out  alleged legal and Constitutional justification for targeted drone killings abroad, the ethical debate over this practice finally began in earnest. Back in October of 2011, I visited this topic in a post titled, “The Ethically Messy, Legally Muddled, Drone Killing of Anwar al-Awlaki,” who was an American citizen and also an al-Qaida leader and terrorist, and wrote…

“I am far less confident of a conclusion that the killing was legal than I am that the killing was ethical in a situation where traditional rules and considerations don’t fit the situation well, meaning that decision-makers must go outside the rules to find the right, meaning ethical, course of action.  And I’m even not 100% confident of that.”

This still accurately encompasses my view, although my confidence in the position has declined materially, in part because of the memo. However, my position in 2011 was based on the assumption, using the Bush Administration’s position, that the United States was engaged in a de facto war with al-Qaida, and as a tool of war, killer drones  are within ethical bounds by my analysis. The leaked memo, however, begins with the assumption that the drone strikes are not part of ongoing declared warfare, but rather a new variety of cross-border lethal intervention that has no legitimate statutory basis. I think that under those assumptions, targeting drone killings are illegal, unethical, and to the extent that they give the President of the United States the power to kill someone in any nation based on his assessment that person needs killing, ominous.

I’ll leave the legal analysis of the memo to others. For now, other than pointing readers to my earlier analysis of drone killings in the context of warfare, I just have some observations: Continue reading

Comment of the Day: Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

How did we end up discussing torture on Christmas Eve?

Sorry about that.

timebombHere is a stimulating comment by Zoebrain in the “Zero Dark Thirty” torture thread. I’m especially fond of it, because as theoretical and probably impossible as her resolution would be in practice, it neatly addresses the central problem conflict in the “torture is an absolute wrong but you might have to use it to save the world” scenarios, like the familiar “ticking bomb” hypothetical.  In her analysis. one violates the absolute rule, but accepts a proportional penalty for doing so.

I advocate a similar approach in legal ethics in situations where a lawyer decides as a matter of personal conscience that he or she must violate core legal ethics values, like keeping the confidences of a client, in furtherance of a higher objective not recognized be the Rules of Professional Conduct, such as keeping a serial killer from going free.

Here is Zoebrain’s Comment of the Day on the post, Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.” Continue reading

Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

It's all for the best.

It’s all for the best.

The last time my friend “Ethics Bob” Stone blogged about ethics, it was way back in August, and he was writing about some guy named “Romney.” Now he’s back on the job, thank goodness, with a comeback post titled “Zero Dark Thirty: Did torture lead us to Osama bin Laden?”. And he’s ticking me off.

“Zero Dark Thirty” is Hollywood’s treatment of the search, apprehension and execution of Osama Bin Laden. The film suggest that methods of torture were employed by the CIA to uncover crucial intelligence that led to the terrorist mastermind’s demise. Torture opponents, including some U.S. Senators, are alarmed by this, and disputing the film’s account. (Imagine that: a movie that misrepresents history!) Meanwhile, conservatives, neocons, Bush administration bitter-enders, talk radio hosts and admirers of Dr. Fu Manchu and James Bond villains are citing the film as confirmation that they were right all along: torture is a wonderful thing.

I am puzzled that Bob got in the middle of this debate as an ethicist. “It worked!” and “It came out all right in the end!” are not valid ethical arguments or justifications. The first is an embrace of a pure “the ends justify the means” rationale, a favorite tool of Auric Goldfinger and Dr. No. The other is consequentialism. When ethicists and principled opponents of torture allow the issue to be adjudicated on this basis, they are surrendering their principles at the outset. “Torture doesn’t work” is a pragmatic argument, not an ethical one. If the societal consensus regarding torture is going to be determined by how much we can benefit by returning to the rack and wheel, then ethical considerations have already been jettisoned. Continue reading

Ethics Alarms Verdicts: The Second Debate

Some Ethics-related conclusions on Wednesday’s second Presidential debate:

Were the candidates uncivil?

I didn’t think so. There were a lot of Twitter comments about Gov. Romney being disrespectful to the President. The deference due to the President of the United States isn’t an issue when debates hew to the formal, detached format of the past. In those debates, the tone of the exchanges are so muted that the two candidates could be in different time zones. Once a different tone is set, with either candidate directly challenging statements while the other candidate is speaking, that tradition has fled, as it did last night. The challenger to a sitting President can hardly be told that he needs to be deferential in a debate; that is the equivalent of asking him to fight with one hand tied behind his back. I thought that both candidates were within the bounds of civility under the circumstances. It was certainly not the civility that I complimented in the second debate—it was a heated, sometimes rancorous argument, but it was the argument of two passionate, forceful, serious public servants, and it served the public well. Neither candidate displayed the contemptuous, rude attitude that Joe Biden adopted in the Vice-Presidential debate. Biden crossed the civility line, but the President and his challenger did not.

Was the moderator biased? Continue reading

The “Homeland” Dilemma

In “Homeland,” Showtime’s excellent Emmy-winning drama starring Claire Danes, a G.I. named Nick Brody imprisoned for years returns to the states a hero, and, secretly, a converted Muslim and terrorist. By Season Two, which premiered last night, Brody has risen to be a member of Congress, where he is working from the inside to benefit the interests of his captors. He has kept his conversion to Islam secret from everyone but his teenage daughter Dana, who accidentally caught him praying to Mecca in the basement in the first season.

Now Brody’s name is being floated as a possible running mate for the current Vice President, who is a presumptive presidential nominee. The Veep tells Congressman Brody that if there are skeletons in his closet that his researchers wouldn’t have found—I’m pretty sure being a secret terrorist would qualify—Brody needs to air them. Brody says there aren’t any. We know better.

Meanwhile, at Sidwell Friends, the tony Quaker private school in D.C. that all the pols send their kids to, Dana is fuming because she has to listen to the  Vice-President’s obnoxious son  go on about how “Muslims aren’t like us” and “don’t respect human life.” Dana, having been admonished for insulting him, blurts out, “Well, my father’s a Muslim!” in class.  Dana’s subsequent position is that she was joking to make a point. At home, however, her outburst causes a domestic crisis, as her mother feels that Brody has been lying to her, which he has.

I’ll leave Rep. Brody out of this ethical dilemma, as he is suffering from an Islamic strain of the Stockholm Syndrome, but what about the family? From their perspective, which is that they don’t suspect for a second that Brody is a traitor, what is their ethical obligation should he announce that the Vice President is going to choose him as a running mate, and that he expects them to keep his secret?

His argument, of course, is that his religion shouldn’t and doesn’t matter. It is true that the “public would want to know,” and also that the public would probably not feel very comfy electing a Muslim these days to be a heartbeat away  from the Presidency, fair or not. The family knows he is a good man (they think) and like the idea of being Second Family; there is no reason to sink his career and their aspirations to celebrity by allowing irrational bigotry to take hold. Is there?

That’s not the whole truth, however. Brody has lied to the Vice President and to his constituents, and they do have a right to know that. In my view, both wife and daughter have an ethical duty as citizens to tell husband and father that if he accepts the nomination, they will be forced to expose him. They should also tell him that he needs to resign from Congress, or, if he’s willing, tell the public about his deception and ask for their forgiveness. I think, in short, that this is a John Edwards situation.

Is that what you would do, in their place?

And my favorite hypothetical of them all, that I refuse to believe wasn’t lurking in the minds of the writers:

Michelle discovers Barack praying to Mecca in the basement.

Tomorrow.

What would be her ethical duty?

Jaffrey, N.H. Motto: “Live Free, or, Well, We Don’t Really Want To Die, Exactly, Maybe Just Play It Safe And Try Not To Make Crazy People Too Angry At Us So They’ll Leave Us Alone”

The Mayor of Jaffrey, New Hampshire.

Every year, Jaffrey, New Hampshire holds a Festival of Fireworks in August that attracts thousands of people to the town and is one of the special pleasures of living there. The festival was scheduled for today, but city officials cancelled it after they received a letter threatening to set off a bomb at the event.

As one non-threatening letter writer commented in a local paper, “So much for “Live Free or Die.” Continue reading

Ethics Alarms Lubricant 2: Ken at Popehat on Integrity and Free Speech

Today has been designated “Blog About Brett Kimberlin Day,” and unlike the last declared day of mass web defiance, “Everybody Draw Muhammad Day”, which was really “Everybody Go Out of Their Way To Insult All Muslims Because Some of Them Are Violent Fanatics And Comedy Central Didn’t Have The Guts To Stand Up To Them Day”, I support this one fully. Kimberlin is a violent far Left activist, the founder of the group Velvet Revolution, and a convicted terrorist who, in 1978, set off eight bombs in Speedway, Indiana, earning him the title of “The Speedway Bomber.”

When bloggers like Aaron Worthing and Robert Stacy McCain in Maryland wrote about  Kimberlin’s past, and his current involvement with active progressive groups, he mounted a campaign to silence and harass them, filing law suits and engaging in other tactics far more menacing, if not as expensive. You can read Worthing’s harrowing tale of Kimberlin’s campaign against him here.

The web’s most tireless crusader against free speech suppression by litigation, threats and harassment is, of course, the Ethics Alarms 2012 Blogger of the Year, Ken at Popehat. He has already blogged about Kimberlin, who fits nicely with the other Internet Furies and speech bullies that he has exposed, like Crystal Cox. But his theme this week was broader, and it is one that constantly troubles me. Taking off from blogger Michelle Malkin’s post declaring that there should be solidarity for targeted conservative bloggers, Ken protests that since free expression is the objective, the ideology of the bloggers being bullied shouldn’t matter. He writes: Continue reading

Unethical Website of the Month: “Occupy Black Friday” Facebook Page

The  intellectual, logical and ethical deficiencies of the tiresome “Occupy” movement are on full outrageous display on “Occupy Black Friday,” a Facebook page that is part of the effort to harm large retailers by interfering with holiday shopping. Naturally, as with segments of the “Occupy” groups that have advocated or engaged in violence, used anti-Semitic rhetoric, broken laws and made ridiculous statements, defenders of the movement will dismiss this as an aberration, not representative of the principles of the “Occupiers” as a whole. This is the group’s genius, or something: by being infuriatingly vague, it avoids accountability.

But an organization is accountable for the events it sets in motion, and the harm that its pretensions wreak. The idea promoted by the group’s Facebook page is for mobs of Occupiers to swarm stores during their deep discount sales today, interfering with shoppers and bringing commerce to a halt:

“The idea is simple, hit the corporations that corrupt and control American politics where it hurts, their profits. Black Friday is the one day where the mega-corporations blatantly dictate our actions, they say “shop” and we shop! Pushing their ledgers from red to black. This Black Friday, we will boycott all of the corporations that corrupt our government, and put profits before people.”

The idea is simple minded. Continue reading