Revelations From The John Oliver Video Post: What I Have Learned

light-bulb PREFACE: I have just returned from a crazy three day odyssey that had me lecturing on Massachusetts legal ethics in Boston, Washington, D.C. legal ethics in the nation’s capital, and, professional ethics, legal ethics and accounting ethics in Tucson, Arizona. Keeping pace with ethics developments was even more difficult than it usually is when I’m on the road, because I had almost no time in between flights, meetings and various hassles to get to a newspaper, surf the web, or watch TV. And my browser kept crashing.

I wrote the John Oliver post, frankly, as low-hanging fruit. His performance was vile and hateful, barely funny, self-indulgent, and disrespectful in a damaging way, and I didn’t think, and still don’t, that there should be much disagreement on that assessment. I expected the usual “lighten up,” “he was only joking “[he was NOT only joking], and “he has right to free speech” comments, because I always get those any time I point out that a comedian has been unfair and irresponsible. I did not expect,for the post to get more single day traffic than all but one previous Ethics Alarms entry, and so many comments, many of which with troubling social and political significance. I returned to my office to find more comments waiting for moderation than have ever been there at one time, and I apologize for that: I try to get them cleared withing hours if not minutes. Of course, a disproportionate number of them were garbled nonsense, or just invective with no point whatsoever. They didn’t make it.

I also had some tough calls, with repetitious comments that misrepresented the post, made irrelevant or factually mistaken assertions, and also were abusive. I fear that I may have been inconsistent, and perhaps less tolerant than usual, and I’m not referring to the occasional comment I allowed to be published just to show the kind of comments that weren’t being posted. The problem is that this site is a intended to be a colloquy, and poor quality comments just make the threads hard to read, and also undermine the site.

I may have to be more ruthless in moderating comments in the future. I’m thinking about it.

Ethics is all about processing new information. Here are some useful things I learned, or re-learned, from the reaction to the post, “Ethics Dunce: HBO’s John Oliver”….

1. Otherwise reasonable, fair, smart people really do think that Donald Trump justifies unethical conduct and that makes it okay. Continue reading

The 2016 Election And Ethics Zugswang

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In a July post I introduced the concept of ethics zugswang, described in the Ethics Alarms glossary as

From the chess term “zugzwang,” describing a board where the player with the next move worsens his position regardless of which move he chooses. Ethics Zugswang occurs when all the opportunity to choose ethical options has passed. Any course of action will have unethical consequences.

I often talk about ethics zugswang in my ethics seminars as well. It is a situation where  no ethical decision is possible, because of poor choices and a failure to play competent ethics chess, not thinking ahead, not anticipating worst case scenarios, and thereby creating a situation where  ethical options are unavailable. All that is left are options that do tangible harm. The idea is to avoid such messes by not blundering through life being governed by non-ethical considerations, emotions, rationalizations, recklessness and ignorance. Sometimes, however, despite all of one’s best efforts, ethics zugswang arrives anyway.

Such is the plight of the American citizen on Election Day, 2016. For months, thoughtful voters who care about democracy and want to participate in choosing their President responsibly have been trying to decide which of several unethical decisions is the best—the most ethical, or rather least unethical– of the available options. Being angry or indignant, or holding one’s breath until one turns blue, will not do. A decision has to be made, and refusing to make a decision is still a decision. (In chess, the most common response to ethics zugswang is to resign, to quit. But one cannot quit being a citizen in a democracy.)

In past posts, mostly in the comments, I and others have exchanged proposed analogies to describe the choice between choosing Hillary Clinton or Donald Trump to lead the country. Arguing that it was a binary choice that could best be compared to having one’s commercial airline flown by an untrustworthy pilot of questionable skill, motivations and objectives or, in the alternative, a seven-year old, a monkey or a spaniel, my position was that one choice was terrible and the other was infinitely worse, but the terrible one as at least survivable, with luck. Classical literature provides another useful analogy: the myth of Scylla and Charibdis.

In Greek mythology, they were two immortal and deadly monsters who lived on opposite sides the narrow waters in the Strait of Messina, between Italy and Sicily. Odysseus, trying to return home after the Trojan War,  faced the dilemma posed by having to choose between them in Homer’s Odyssey, Book XII. Scylla had been a lovely a sea nymph who was loved by the sea god Poseidon, but Poseidon’s jealous wife Aphrodite treacherously cursed the waters in which Scylla bathed. The god-poisoned water turned Scylla into huge and vicious monster with twelve legs, six heads on long, snaky necks, with each head having a triple row of shark-like teeth. The transformed Scylla’s loins were also covered by the heads of baying dogs. (Note to self: don’t mess with Aphrodite!) When ships passed close to her, Scylla’s six heads would each snatch one sailor, then devour them in her cave.

Charybdis was also once a nymph, a daughter of Poseidon, who angered Zeus, Poseidon’s brother. Zeus turned her into an even worse monster than Scylla. The transformed nymph lurked under a fig tree on the opposite shore from Scylla’s rock, drinking down and belching out  the sea three times a day, causing  fatal whirlpools no ship could survive. Odysseus managed to get the worst of this dual  monster dilemma, sailing close enough to Scylla to doom six of his sailors (who he never warned about the threat) and still seeing his chip wrecked by Charybdis, with him being the only survivor. The shipwrecked Odysseus barely escaped her clutches by clinging to a tree until the improvised raft that she swallowed floated to the surface again after many hours.  To be “between Scylla and Charybdis” means to be caught between two equally horrible alternatives.

As today loomed and this metaphor appeared more and more accurate, I sought wisdom from various versions of the story, only to gradually realize that I was not as certain as I once had been which candidate was which monster. Continue reading

Yes, Yes, We Know Who You Are Voting AGAINST…But You Should Know Who And What You Are Voting FOR…

“My conscience — as an activist, a strategist — is very clear…if I had to do it all over again, I would know a hell of a lot more about cybersecurity.”

—-Democratic National Committee Chair Donna Brazile, refusing to apologize for forwarding debate and town hall questions to Democratic candidate Hillary Clinton, thus breaching journalism ethics and betraying the trust of CNN, which was employing her as an analyst.

statue-of-liberty-cryingWhen you vote for Hillary Clinton—and voting against Donald Trump does not change the fact that you are still voting for Clinton—do understand what this statement, in an interview yesterday on satellite radio, really means.  It means that the Democratic Party officially embraces the anti-ethical principle that the ends justifies the means. It means that the party endorses lying and cheating, which was what Brazile did, as long as the “right” people lie and cheat. It means that the Democratic Party—-not just Hillary and her staff, who we know have the core political ethics of Lenin and Goebbels, but the entire party—agrees with Brazile. Her mistake was not cheating, but failing to get away with it, by hiding her conduct insufficiently.

She, like the party she leads, is so confident that the American public, at least the voters she and the party care about, accepts these ugly and undemocratic values that she is not even pretending to regret her actions. If it helps elect Hillary Clinton, it’s fine. It it acquires power for the Democrats, it’s fine. If it deceives the public to the “right” end, it’s fine.

The Democratic Party hasn’t condemned Brazile’s actions, and won’t condemn her smug words of endorsement of lying and cheating. It hasn’t asked her to step down, as her predecessor was made to step down after she was caught rigging the nomination process for Clinton. Thus it endorses Brazile’s  values, and openly so. President Obama also endorsed Brazile’s values, explicitly, by directing his spokesman Josh Earnest to praise her, and only praise her, as “a person of integrity and ..high character” after being asked about the first of Brazile’s cheats on behalf of Clinton (more have since been uncovered.)

Is that clear? The President of the United States publicly stated, through his agent, that an individual who lies and cheats has integrity. This is what integrity has come to mean under this leader, to his party. Continue reading

Donald Trump: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2005-2016 [UPDATED]

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Donald Trump has no character or trustworthiness. Next question?

Oh, all right, in the interests of equity and fairness, I’ll submit The Donald to the same process as I did with Hillary Clinton, though in his case the verdict is res ipsa loquitur. Trump’s lack of ethics and his unfitness to fill the shoes of Washington, Lincoln, Teddy, FDR, or Millard Fillmore is, or should be, self-evident. Those for whom it isn’t self-evident are either ignorant, devoid of values themselves, or intentionally seeking to harm the United States.

I’ve been writing about the awfulness that is Donald Trump since 2005. He was noted for his dishonesty on my Ethics Scoreboard when I called foul on his marketing “various ‘get rich’ products, including tapes, seminars, and “Trump U,” an on-line delivery system for more of the same.” I wrote in part

There are thousands upon thousands of Americans who started with meager resources and made themselves rich through talent, hard work, creativity, inventiveness, and some luck. …Not Trump. The success of his pitch to the desperate wannabes and clueless is based on their erroneous assumption, nurtured by Trump but not explicitly supported by him, that he can teach them to do what they think he did…make himself rich through hard work and a business savvy. But what Trump is best qualified to teach is how to make yourself richer when you inherit an established business and have millions of dollars plunked into your waiting hands after your Dad has sent you to Wharton.

The fact that Trump doesn’t lie outright about his background but simply allows his marks to jump to the wrong conclusions puts his “get rich like me” marketing efforts in the category of deceit…but deceit is still dishonesty. Trump undoubtedly has useful wisdom to impart about building a successful career; it’s not as easy to stay rich as some people think. Ask most state lottery winners. Still, the most vivid lesson of Donald Trump’s successful campaign to sell himself as a self-made billionaire is the lesson that 19th Century con-man Joe Bessimer pronounced more than a century ago: There’s a sucker born every minute.

So we knew, or should have known, that this was a con artist at least back eleven years. In 2006, I posted on Trump’s misogyny and incivility, writing about the first outbreak of his feud with the equally vile Rosie O’Donnell, and their public name-calling…

Rosie set off the exchange by suggesting on ABC’s “The View” that Trump’s recent assumption of the role of moral exemplar by chastising and threatening to fire the reigning Miss USA for being a party-girl was more than a little ridiculous, given his own well-documented penchant for fast women and extra-marital affairs. Sometimes Rosie’s full of beans, and sometimes she gets it right; this time she was right, but spoiled it by concluding her commentary with some unflattering name-calling. Trump, no girly-man he, immediately said he would sue O’Donnell, and then launched into an extended riff on how unattractive and fat she was, including the charming phrase, “pig-face.” Classy as always, Donald…. Yes, anyone who admires either of these two annoying characters already has a problem, but there is no escaping the fact that both are celebrities, and as celebrities they contribute to establishing cultural norms of civility and conduct. This is especially true of Trump, who despite his low-life proclivities is a successful business executive. Resorting to personal attacks on an adversary’s weight or appearance is disrespectful, unfair, cruel and indefensible. Doing so on national media is like firing a shotgun into a crowd. There are a lot of fat or unattractive women out there, Mr. Trump, who are smart, generous, productive, loving, intelligent people… Golden Rule, anyone? How are we to convince our children not to ridicule the personal traits of others, when those they see as rich, famous and successful do the same openly, shamelessly, and even gleefully?

You can imagine my continued amazement that ten years after writing this rather obvious assessment, without Trump having undergone a complete transformation, and indeed with his conduct and public statements becoming worse rather than better, we are on the eve of a day that may live in infamy as the moment democracy  completely failed the United States of America, inflicting on it, and the world,  as unstable and unqualified a leader of a great power as history has ever witnessed. Continue reading

Hillary Clinton: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2009-2016

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The first Ethics Alarms post about Hillary Clinton ironically enough, in 2009, awarded her an Ethics Hero. (She has two.) “I know, I know. Truth and the Clintons have never been friends,” it began. And, looking back, it was a pretty generous award: all she did was describe how an ethical decision is made, and claimed that was how she decided to accept Obama’s invitation to be Secretary of State.  It didn’t prove she actually made the decision the way she said she did, and now, with the benefit of seven years’ hindsight, I think it’s likely that she was lying about it, as usual. Still, it proves that Hillary may know how to act ethically. This distinguishes her from Donald Trump.

Before heading to the voting booth, I decided to review all of the Ethics Alarms posts about Clinton. It is, I think it’s fair to say, horrifying. You can find them all here. 

There are unethical quotes of the week and month, Ethics Dunce designations, Jumbos, where Clinton denied what was in clear view to all, and KABOOMS, where the sheer audacity of her dishonesty (or that of her corrupted allies and supporters) made my skull explode skyward. If you have a recalcitrant Hillary enabler and rationalizer in your life, you should dare him or her to read this mass indictment—not that it will change a mind already warped, of course, but because the means of denying and spinning what they read will be instructive, confirming the symptoms of incurable Clinton Corruption.In July of 2015, I responded to complaints—including one from an ethics professor— that I was not objective regarding Mrs. Clinton, that I was picking on her. The response was a manifesto, stating my standards and objectives: Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 3

denial

Continuing from Part 1 and 2…

9. Hillary Clinton’s presidential campaign circulated a draft letter critical of James Comey to former federal prosecutors, implicitly inviting them to comment publicly.  (This is an implied but unenforceable quid pro quo. These people are good...) Eric Holder, naturally, former US attorney general Michael Mukasey and poor, disgraced former Bush AG Alberto Gonzalez heeded the dog whistle, all disgracing themselves in the process.

Not one of them are privy to the evidence involved, and for these men to be using their positions and reputations to level charges and accusations at a high-placed law enforcement official based on speculation and partisan warfare is unethical. It is unfair, and  undermines the public trust. This is always something that former officials should avoid, as a near absolute. The Golden Rule also applies. These men know how hard these jobs are, and what they would have thought about  ex-officials criticizing them. Basic professional ethics principles discourage this.

Holder, of course, is a proven Clinton hack. Gonzalez might even make Comey look better by criticizing him, so thoroughly discredited is he. (My guess is that he’s desperately attempting to fashion a new pubic image.)

Mukasey’s comments may have been the worst of all. He took the opportunity of the current controversy to attack Comey again for his decision not to recommend that Clinton be indicted. (Meanwhile, CNN used his name in a misleading headline implying that he was criticizing Comey for his letter to Congress. It initially fooled me.) Speaking of the earlier Coney statement, he said,

“This wasn’t Comey’s call. It is not his function as director of the FBI to decide who gets charges and doesn’t. It’s his function to gather evidence. And he didn’t fulfill that function very well. But it’s certainly not his function to get up and pronounce on whether charges should be brought or whether a reasonable prosecutor would ever bring them.I don’t think he should have been this fix. I don’t think he should have put either himself or the bureau or the Justice Department in this fix.”

Wrong (1): it was Comey’s call, because Loretta Lynch told the public that Justice would accept the recommendation of the FBI regarding Clinton’s possible prosecution. Did Mukasey follow the story? I guess not.

Wrong (2): Comey’s extensive public statement in July was necessary to ensure transparency and trust after Loretta Lynch stupidly allowed Bill Clinton to appear to be brokering a deal with her. Presumably Mukasey wouldn’t have done that.

Wrong (3): So Comey did notput either himself or the bureau or the Justice Department in this fix.” Obama put them in this fix, by allowing his Secretary of State to skirt security policies. Holder put them in this fix, by operating such a blatantly partisan and political Justice Department that public trust in a fair investigation of the presumptive Democratic Party presidential candidate was impossible. Lynch put them in this fix, by not resigning.

To his credit, Mukasey did dismiss Harry Reid’s and Richard Painter’s Hatch Act nonsense with appropriate disdain, saying, “That’s baloney. I mean, you know, it’s sort of an amusing talking point for three and a half seconds, but it’s not serious.”

10. The issue is not whether Donald Trump is as corrupt and dishonest as Hilary Clinton, or even more so. In trying to shift focus to Trump to allow Clinton, as usual, to wiggle out of the well-earned consequences of her own wrongdoing by distraction, confusion, and diversion, Clinton’s corrupted allies are throwing every accusation and innuendo at Trump that they can concoct or dig up. It-Doesn’t-Matter. Trump is horrible, the bottom of the barrel, UNDER the barrel, at the bottom of a long, narrow pit under the barrel. Understood. That still doesn’t make Hillary less corrupt, less untrustworthy, and less dishonest. Nor less ruthless, cynical, manipulative, venal and totalitarian.

Continue reading

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

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…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

donna-b-tweet

“Rigging,” anyone? Continue reading

Hillary, Her Minions, And Scooby-Doo

Former DNC chair Howard Dean just reinforced his prominent position among the ten most loathsome figures in modern politics with this tweet regarding James Comey’s revelation that the investigation into Hillary Clinton’s mishandling of her official communications via e-mail was being re-opened:

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Dean’s meaning: since Russian hacks of  various e-mail accounts have provided ugly and often sinister evidence of the corrupt attitudes and practices of Hillary Clinton and her campaign, Comey’s required notification of Congress—required, mind you, by basic ethical principles and the rules of the legal profession—makes him a wrongdoer on par with those fueling Wikileaks. After all, without them, Hillary and her minions—including the outrageously complicit news media—would have succeeded in fooling all of the people all of the time. Yes, Comey, damn him, is now “on the same side” as Putin, because he is stripping away Clinton’s facade of trustworthiness.

Even before yesterday’s surprise announcement, the Democratic defense was in place that because Russia was attempting to influence the US election by revealing the filthy underside of Clinton, Inc., including, among other things…

….the inappropriate melding of Sate Department business, pay-to-play incentives, Clinton foundation fundraising and family enrichment

….discussions among aides on how to cover-up Hillary’s e-mail misadventures

….private speeches to Wall Street contradicting her public, anti-Wall street rhetoric, and most disturbing of all,

….collusion by journalists to assist the campaign

….such enlightening evidence should be ignored. This, those well-versed in the Ethics Alarms Rationalizations list will recognize, is   Rationalization #55, The Scooby Doo Deflection, or “I should have gotten away with it!,” in practice. Continue reading

Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

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From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading

Why The World Doesn’t Work: The Case Of Jackie Kennedy’s Chef

hustebookThe world doesn’t work, and Ethics is always struggling to avoid losing ground. I collect stories that show why this is. Here is one from the obituary page, the saga of  the departed Annemarie Huste, who was Jacqueline Kennedy’s private chef.

In 1966, the former First Lady moved to New York from Washington, D.C., and in need of a private chef—rich person, you know— hired Huste, a young German immigrant whose previous employer, theater impresario Billy Rose (of “Jumbo” fame!), who had just died, rendering her skills superfluous. Huste did the job to Mrs. Kennedy’s satisfaction,  feeding the occasional hoards of family members who came to visit,  accompanying the Jackie, Caroline and John-John to the Kennedy compound Hyannis Port,  in the summers and playing with the children of JFK.

Then, in 1968, Weight Watchers Magazine approached her about cooperating in a feature called “Jackie Kennedy’s Gourmet Chef Presents Her Weight Watchers Recipes.” Huste dished about Jackie’s diets and dress sizes in the article, never asking for her famous employer’s permission or consent. Jackie Kennedy was horrified, and even tried to stop publication, something the Kennedy family was and is very good at. This time, it didn’t work.

A few weeks later,  Huste gave an interview to Maxine Cheshire, then the “beautiful people” gossip columnist for The Washington Post and syndicated nationally. In return for  inside-the-Kennedy-home details, Cheshire made Huste sound like the coming star of gourmet cookery, hinting that a television show, a cookbook, wealth and fame were just around the corner. What was really around the corner was unemployment: Jackie fired Annemarie Huste, who deserved it. Continue reading