Senator McCaskill, A Cheater And Proud Of It

Inexplicably, Richard Nixon never wrote an article boasting about how his campaign forged an attack letter that tricked Edmund Muskie into an emotional meltdown that let George McGovern get the 1972 Democratic nomination.

Inexplicably, Richard Nixon never wrote an article boasting about how his campaign forged an attack letter that tricked Edmund Muskie into an emotional meltdown that let George McGovern get the 1972 Democratic nomination. Strange…

What is increasingly disturbing is that so many of our representatives and high elected officials appear to have no idea what ethical conduct is. This leads them, as Donald Trump did in the Republican candidates debate, to boast about their unethical conduct in public and assume that the public, as well as the news media, will nod approvingly. It is more than disturbing that they are usually correct, and thus are both exploiting the nation’s ethics rot and contributing to it as leaders are uniquely able to do.

This was what the leader of Senate Democrats, Harry Reid did when he expressed no remorse for lying about Mitt Romney during the 2012 campaign (“Romney lost, didn’t he?”). Now, in a signed article in Politico, Sen. Claire McCaskill (D-Mo.) has explained how she gained re-election by manipulating the democratic process in Missouri. Obviously, she sees nothing the matter with what she did: the article is essentially one long gloat.

With it, she marks herself as a cheat, a fick, and an ethics corrupter, as well as a disgrace.

But she’s a winner, so it’s all good!

In the essay called “How I Helped Todd Akin Win — So I Could Beat Him Later,” McCaskill explains how, after her campaign identified Todd “Legitimate Rape” Akin as the weakest Republican candidate to run against her, it ran cognitive dissonance ads engineered to increase his support among the most ignorant and extreme Republican primary voters. She writes,

So how could we maneuver Akin into the GOP driver’s seat? Using the guidance of my campaign staff and consultants, we came up with the idea for a “dog whistle” ad, a message that was pitched in such a way that it would be heard only by a certain group of people. I told my team we needed to put Akin’s uber-conservative bona fides in an ad—and then, using reverse psychology, tell voters not to vote for him. And we needed to run the hell out of that ad….Four weeks out we would begin with a television ad boosting Akin…then we’d go back into the field and test to see if it was working. If it was, we’d dump in more “McCaskill for Senate” money, and we’d add radio and more TV in St. Louis and Kansas City. ..As it turned out, we spent more money for Todd Akin in the last two weeks of the primary than he spent on his whole primary campaign..

Let me explain this so even the most hopeless “the ends justify the means” partisan can understand it. The idea behind democracy is to have the best possible candidates run for office, and to give the public good choices rather than lousy ones. Each party has an obligation to run a fair competition to find the candidate it believes is 1) best qualified for the office and 2) most able to prevail in the election. It is not fair, ethical or legitimate politics for the opposing party to interfere with this process to ensure weaker competition. This is not fair to the public, which has a right to have a good choice, not a horrible one. It is also undemocratic. It is wrong, no matter how clever it is. Continue reading

Rape, Consent, and the Unconscious Lover

unconscious

Maybe Republicans should just keep their mouths shut whenever rape is being discussed. You know, just to be on the safe side.

Utah is considering legislation designed to protect the incapacitated from having to prove they did not consent to sex. The bill, an amended version of current law, was introduced after a 2013 case in which a man was charged with raping an unconscious neighbor on her porch. Republican state Representative Brian Greene prominently stepped into the Todd (“Legitimate Rape”) Akin Zone when he questioned the measure as too broad, saying,

“If an individual has sex with their wife while she is unconscious … a prosecutor could then charge that spouse with rape, theoretically. That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity.”

This, as you might imagine, ignited quite a bit of criticism. Greene appeared to be saying that it was okay to have sex with your spouse if he or she were unconscious. (He later issued a classic non-apology apology. I rate it a #7 on the Ethics Alarms Apology Scale) Continue reading

ARRGH! “The Good Wife” Did It AGAIN!

For God’s sake, Will! A) You just got off one suspension for unethical conduct—what are you DOING? B) They had to have taught you better than this at Georgetown Law!

“It” is misleading Americans who may be in litigation requiring settlement and who don’t know that lawyers cannot, must not and largely do not agree to financial settlement terms without getting the approval of their clients. I have dubbed this “The Hollywood Lawyer Fallacy,” and Will (Josh Charles) just did it again.

I know—every lawyer TV drama skips this part, as does virtually every movie about lawyers. Yes, I know it is done for pacing and dramatic purposes, that having a scene where the lawyers asks her client, “They’ve offered this amount, and I think we should take it, OK?” and the client says, “Sounds great!” just slows things down. But here is what repeatedly watching this inaccurate portrayal of  lawyers breaking one of the cardinal rules of the profession does: it sets up clients of incompetent lawyers to be misled, manipulated, and cheated. As I wrote the last time the otherwise ethically astute CBS drama did this while I was watching:  Continue reading

Is It Unethical To Ban Stupid People From Congress?

In 1978, this last image from “Animal House” was hilarious. In 2012, it’s tragic…because it came true.

The Todd Akin debacle has me wondering why we don’t take measures to block the ignorant and dim-witted from gaining high elected office. I know what you are going to say: that’s what elections are for. But we can’t bar ignorant and stupid people from voting: that’s been settled in court. It shouldn’t surprise us that they frequently tip elections toward candidates that the pollsters describe as “people like them”, and voilà! Todd Akin.

Akin is far (well, maybe not very far) from the  most intellectually suspect member of Congress. For example, Georgia Congressman Hank Johnson once expressed concern that the island of Guam might tip over, like a raft. There are too many other telling anecdotes relating to other members of Congress, in both parties. For those who shrug cynically and argue that it’s always been that way, there is solid evidence that indeed, Congress is getting dumber over time. A study of every word spoken in Congress concluded that the grade level at which members of the legislative branch speak has fallen a full grade since 2005, to just half-way through the junior year of high school. Democrats are slightly more articulate (.4 of a grade) than Republicans as a group, but that just could be because Joe Biden left to be Vice-President. Continue reading