Facebook Manipulation, Ben Rhodes And Hillary’s Tech Minion’s Missing Emails: Seeking A Path To Objective Analysis (PART 1 of 2)

May 10, 2016May 10, 2016 / Jack Marshall / 7 Comments

There are at least three news stories sending off toxic fumes right now, all—coincidentally?—suggesting sinister doings on the Left.

First, we have the Ben Rhodes story, where a key Obama foreign policy aide (with no experience in foreign policy but a degree in creative writing) boasts to a journalist on the record about how the Obama Administration, under his brilliant management, tricked journalists into misleading the public.

Second, we have Facebook employees revealing that Facebook is working hard at indoctrinating its users by pushing news items favorable to the Great Progressive Awakening while suppressing stories that might create sympathy for rightward politicians and causes.

Finally, we have the interesting news that the State Department can’t find Bryan Pagliano’s emails from the time he served as Secretary of State Hillary Clinton’s senior information technology staffer during her tenure there.

In order for citizens to have any chance of processing these events so as to have an accurate, as opposed to comforting, view of the forces directing their fates, they must banish all biases while simultaneously keeping a firm hold on their accumulated experience. How do we do that? Is it even possible?

The immediate, reflex reactions to stories like these, are, in no particular order,

I don’t believe it.

AHA! I knew it!

So what?

ARGHHHH! We’re doomed!

Good.

So how did the Mets do today?

The last one, sadly, is the most common. It is also arguably the most unethical, for the corruption of democracy thrives on apathy almost as much as it feeds upon, and nourishes, ignorance. Most Americans don’t know or care who Ben Rhodes is. Most don’t understand why Hillary Clinton’s emails are such a big deal, and are happy to accept that false narrative, fanned by Hillary herself, that it’s all a big invention by the right-wing conspiracy. Continue reading →

Apology Ethics 2: Is This A Legitimate Excuse? Does It Matter?

May 3, 2016May 3, 2016 / Jack Marshall / 26 Comments

Tom Angel was chief of staff for the Los Angeles County sheriff until emails he had sent to friends four years ago, prior to becoming the sheriff’s top aide, denigrating several different groups of minorities including Muslims, Catholics and Latinos surfaced in the media. Now Angel has resigned.

His boss, Sheriff Jim McDonnell, announced the departure in a statement posted to Facebook that called the messages “inappropriate and unprofessional.” That was fair.

Originally, the department defended Angel, saying in part,

“Although his judgment in this situation is of concern to members of the Sheriff’s Department, no one is more distressed about it than Chief Angel himself. His apologies for this uncharacteristic act have been profuse and sincere. Chief Angel’s decision-making and actions in his long prior career with the Sheriff’s Department and since his return in 2015 reveal more about his actual character and typical good judgment than the instances from four years prior currently reported in the media.”

It didn’t work, especially after Angel’s apology, quoted in the LA Times, was this:

“Anybody in the workplace unfortunately forwards emails from time to time that they probably shouldn’t have forwarded. I apologize if I offended anybody, but the intent was not for the public to have seen these jokes.”

Should that have been sufficient? Continue reading →

Comment of the Day (2): “Ethics Hero: Dallas District Attorney Craig Watkins”

April 27, 2016April 27, 2016 / Jack Marshall / 26 Comments

The celebration here of Dallas DA Craig Watkins’ installment of an open file policy to ensure that crucial evidence that might exonerate a criminal defendant doesn’t get “inadvertently” left out of the material shared with defense counsel prompted this comment from one of the Ethics Alarms resident Marine vet, THE Bill:

“I’ve always wondered why the civilian courts haven’t adopted the military practice of having both the prosecutor and the defense council in the same office under the same command as they do in JAG. It would seem that this would eliminate the US versus THEM mindset.”

I responded…

“It’s because of loyalty and trust, Bill. The adversarial relationship and the appearance of such assures the accused that the two lawyers aren’t colluding against the defendant, and attorney-client confidentiality is surely at risk if there is not physical distance. That’s why in law firms a lawyer with a client who might be adverse to another lawyer’s client in the same firm has to be screened from substantive contact with the other lawyer.”

(I will note here that the last section about screening is an over-simplification of a very complex and confusing issue, as when and if screening is permitted varies state to state, and in many cases still isn’t enough to deal with an unwaivable conflict of interest.)

texagg04 then added the following discussion of the cultural differences between the military and civilian America, and how this informs the differences between the ways the respective systems deal with criminal prosecutions.

This is an appropriate place to salute tex, who is among the most prolific, serious and vital Ethics Alarms commentators. As his comments are often in an advocacy or adversarial mode rather than an expository one, his percentage of officially recognize commentary excellence is less than it should be considering the consistent quality and frequency of his participation here. He has long made Ethics Alarms better and sharper, if perhaps scarier for first time swimmers in these waters, since thanks to tex (and others), the tide is swift and merciless.

I hope he realizes how much I value and appreciate his thoughtful and vigorous contributions.

Here is texagg04’s Comment of the Day on the post, “Ethics Hero: Dallas District Attorney Craig Watkins.”

There is a presumption given the weight of military Commissions combined with the added weight of the Oaths of Office, that barring any obvious corruption, the officers in charge are not corrupted. Whereas in the civilian world, the presumption that so much burden lies on the state and the accused’s innocence until proven guilty, that even a hint of amiability between defense and prosecution is enough to worry about corruption. Continue reading →

Ethics Hero: Dallas District Attorney Craig Watkins

April 25, 2016April 25, 2016 / Jack Marshall / 21 Comments

Craig Watkins, a D.A. who understands his ethical priorities.

In Law School, I had the honor of being instructed in the superb Georgetown Law Center Criminal Justice Clinic, by far the single best course of any kind I participated in at any level of my formal education. Our mentor in prosecutor ethics was Seymour Glanzer, the man who, as an Assistant U.S. Attorney, cut the deal with Nixon’s White House Counsel John Dean that cracked open the Watergate scandal.

Sy had one mantra he repeated to the clinic students often, trying the beat it into our heads forever: the prosecutor must be the center of justice and ethics for the criminal system. Defense attorneys have to defend the accused whether they are guilty or not, but prosecutors are charged with achieving justice, not convictions. “If you don’t have sufficient legal and reliable evidence to convict a defendant of a crime, or have any doubts about that client’s guilt, drop the case,” he told us.

His principles do not hold sway among many, perhaps even most prosecutors, to the shame of the criminal justice system. Too many see their duty as convicting as many accused as possible, putting the law-abiding public at ease by closing cases and filling prisons. Over-zealousness, sometimes to the extremes of withholding exculpatory evidence from defense attorneys while placing questionable eye-witnesses and unreliable experts on the stand under oath, is rampant in district attorney offices across the country.

The worst of the worst may have been Dallas. Vanessa Potkin, chief counsel of The Innocence Project at Cardozo Law School, argues that “no other county in the country beats Dallas. It’s a county that beats out most states in the country.”

It’s an indication of a system that needs reform, she says, with “staggering numbers of the innocent put in prison.” That is why the recent steps taken by new Dallas District Attorney Craig Watkins are so important, and so necessary. Continue reading →

Virginia’s Governor Restores The Vote To Felons

April 23, 2016April 23, 2016 / Jack Marshall / 29 Comments

“First thing on my mind, now that I’m finally out of Shawshank, is to register to vote. Then I figure I’ll look up Andy…”

Virginia’s Gov. Terry McAuliffe signed an executive order yesterday that restored the voting rights of 206,000 ex-felons. The order applies to all violent and nonviolent felons who served their sentence. Virginia is one of a minority of states, only ten, that do not automatically restore rights upon completion of a felony sentence and one of only four that require an application by each individual felon and action by the governor. Because this is an executive order, McAuliffe will have to reissue it every month.

McAuliffe, who is the political equivilent of Prof. Harold Hill in “The Music Man,” issued the predictable triumphal blather, saying from the Virginia Capitol steps after being introduced by a gospel choir,

“We benefit from a more just and accountable government when we put trust in all of our citizens to choose their leaders.It has taken Virginia many centuries, unfortunately, to learn this lesson. But today, we celebrate its truth.”

We get a more just and accountable government when we put trust in those who have proven themselves untrustworthy, eh?

That’s one of McAuliffe’s talents: he can make a measure that isn’t necessarily unethical at all seem like it.

Is it unethical to tell felons that they are banned from voting and running for office for life? It’s a policy choice, that’s all. A state can make lifetime disenfranchisement part of the official price for serious lawbreaking on the theory that felons have shown themselves to be insufficiently respectful of the laws and society in general, and lowered themselves into the ranks of permanent second class citizens by their own choices and conduct. I won’t say that’s not fair: it depends what one thinks fair is. It’s tough. It signals a high regard for the rights to participate in self-government. Continue reading →

Unethical Quote Of The Week: NY1 Host Errol Louis

April 19, 2016April 19, 2016 / Jack Marshall / 9 Comments

“Let me suggest, because some of her strategists have said this kind of quietly, it’s not really a big thing on this campaign trail: a lot of this is sexism. It’s buried so deep that people just say, ‘I don’t trust her, she doesn’t keep her word.’ And then you turn it around and say, ‘What politician does?’”

—-CNN political commentator and NY1 host Errol Louis in response to CNN’s Chris Cuomo’s question regarding Hillary Clinton’s a recent Wall Street Journal/NBC poll that indicated that Clinton had a 56% unfavorable rating even among Democrats.

The T-Rex in “Jurassic Park” was also a female, and I’m sure sexism had a lot to do with everyone not liking her, either…

It must be wonderful for a politician to have an automatic, guilt-inducing, candor-suppressing excuse for every botch, failure, example of misconduct and instance of terrible judgment. You have to pity Richard Nixon, Lyndon Johnson, Robert Dole, George W. Bush, John Kerry, and so many others–when people said they distrusted or disliked them, they had to accept responsibility for it, and conclude that they must be doing something wrong. After all, nobody is prejudiced against white males: when people think they screw up, it’s because they really are incompetent or corrupt. They have to be accountable. How brilliant of the Democrats to hit on this fool-proof—literally—formula: just find black or female standard bearers and all criticism can, and for a lot of journalists will, be attributed to prejudice and bigotry. One has to wonder if Democrats will ever dare to run a Presidential candidate again who doesn’t have this built-in armor.

Without this versatile reality-warping and truth-defying device, I am certain that right and left, including African Americans, would have been howling for Barack Obama’s head long ago, with the news media handing out the torches and pitch forks. The engine for this double-standard is presumed bigotry, unfair but apparently impossible to rebut. Continue reading →

North Carolina Rep. Billy Richardson (D- 44th District) Now Says He Was Wrong To Vote For “The Bathroom Law”

April 12, 2016April 13, 2016 / Jack Marshall / 47 Comments

[CORRECTION: The original version of this post erroneously identified Richardson as a Republican. He is a Democrat. Ethics Alarms apologizes for the error. As far as the assessment of the conduct goes, I do not believe it makes any difference, however.]

Billy Richardson’s rational-sounding, remorseful, full-throated endorsement of diversity and respect for LGBT Americans is the most disgusting and damning piece of political weaseldry I have ever seen, and, I desperately hope, ever will see. This man voted for the new North Carolina law that validates oppression against gays and transgender individuals, and now “upon prayer and reflection,’ suddenly sounds like Dan Savage on a polite day. The law is a travesty, he says. It undermines the right to be free of discrimination based on one’s sexual orientation, he says. I agree with him, but why did he vote for the bill in the first place, and why is he suddenly a passionate human rights advocate now?

I can answer both questions, because they have the same answer. Both his vote and his sudden reversal are the result of having no principles, not integrity, no core beliefs, no courage, no honesty, and no business holding high office. The law was not mysterious: it is blatant in its objective and philosophy. Voting for such a bill is signature significance: no one who has any respect of regard for LGBT citizens, their families, or the Constitution under which they live would consider voting for such a law, unless the official voting just casts his votes according to where he senses the winds are blowing, and regards politics as a game of profit, like playing the stock market. Once the law provoked violent opposition and the likelihood that the 1) the state would lose revenue and jobs and 2) the fools who voted for such a despicable measure would pay a dear price, Richardson was suddenly filled with contempt for those “who would demonize a group of citizens to gain political advantage and to advance an unjust agenda.” You know, like him.

“Instead of recognizing the right to be free of discrimination based on one’s sexual orientation, HB2 gives green light to this discrimination in housing, employment and other areas,” he writes. “To paraphrase Supreme Court Justice Anthony Kennedy, we must never make any group of citizens a stranger to the laws of their own state.”

Gee, who sent that quote to him, God? He does tell us he was praying about this, after all. Boy, Richardson is quite a walking advertisement for the power of prayor! Just like that, BOOM!, his entire political, sexual and civil rights philosophy changed, and his favorite songs became “Kumbaya,” “We Shall Overcome,” “This Land is Your Land,” and “YMCA.”

Richardson is insulting his state’s citizens by showing that he regards them as gullible fools, and perhaps they are. I know that the foes of the bill will be happy to use him now as a politician who, mirabili dictu, has seen the light, even though he has outed himself as a cowardly, principle-free liar.

Does one of his bigoted colleagues who will fight like a rat to defend this awful law deserve more respect than Richardson? Absolutely! Richardson is the soldier who will switch sides as soon as it is clear that his own side is losing. He is the epitome of what Donald Trump’s supporters believe all politicians are–soulless, untrustworthy, craven, glib and able to wrap themselves in any disguise for a single purpose: their personal profit and survival. Such politicians are useless to anyone, and the scourge of democracy. Continue reading →

Carol Costello To The Rescue: CNN Spins For The Boston Globe

April 11, 2016April 11, 2016 / Jack Marshall / 7 Comments

Many in the on-line pundit community feel that the Boston Globe’s use of a fake future news front page to attack Donald Trump was bad practice and a slippery slope not to be ventured upon by serious news outlets. They are correct.

Trump hate runs high in mainstream media-land, however, and the ethics alarms there sound softly if at all. I just witnessed that most biased and smug of TV anchors, CNN’s Carol Costello, furiously spinning for the Globe, because the foundering ship of untrustworthy journalism feels that the crew must pull together, or something.

Though Costello’s colleague Brian Stelter had sort of criticized the the fake front page saying that it “resembles an April Fools Day prank by a college newspaper — but is bound to get a lot more attention,” Costello was in full defense mode. She began by mischaracterizing where the objections to the Globe’s stunt were coming from, citing only Trump himself as the critic—and we all know how crazy he is, right? Costello played a clip of Trump registering his objections—mostly reasonable and fair, by the way—as Costello gave her audience her trademark “Can you believe this idiot?” smirk, which she flashes virtually any time a conservative or Republican is saying anything. She then repeated portions of the Globe’s defenders’ talking points, and brought on the Globe’s Sunday Ideas Editor Katie Kingsbury to give its own, as if Trump owned the only two hands not applauding. What was offered was a series of rationalizations: Continue reading →

The Boston Globe’s Fake Front Page: A Vile Ethics Foul, And The Beginning Of The End For Newspaper Journalism

April 10, 2016April 10, 2016 / Jack Marshall / 23 Comments

So disturbed is the editorial staff of the Boston Globe over the nauseating threat of a Donald Trump presidency that it has jettisoned all established principles of journalism ethics in an embarrassing, self-destructive effort to “stop” him. Mark this down as one more wound on the culture that Trump has inflicted with his luxury ego trip, with the assistance of his irrational supporters, of course.

Today the Boston Globe hit the news stands and front walks featuring a satirical front page with headlines about a fictional, future Donald Trump presidency accompanied by a fevered “Stop Trump” editorial. The page was headed the “Ideas” section in the paper.

The Globe placed a PDF of the hoax page on its website yesterday. Dated April 10, 2016, the scare-headlined page shouts: “Deportations to begin, President Trump calls for tripling of ICE force; riots continue.” The articles about Trump’s actions as President contain no humor or satirical tone. There are solemn references to an Attorney General Chris Christie, and we learn that ex-Fox News anchor Megyn Kelly is hanging out, Ron Burgundy-style, in a bar because she’s been placed on President Trump’s black list. Readers are also informed that “U.S. soldiers refuse orders to kill ISIS families” and that there is a new libel law aimed at muzzling the press. Another story reports that Trump named his new dog after the Chinese First Lady as a calculated insult. Continue reading →

Comment of the Day: “Google Shows What’s Wrong With April Fooling”

April 3, 2016April 3, 2016 / Jack Marshall / 5 Comments

Extradimensional Cephalopod adds to the April Fool’s Day ethics lore on Ethics Alarms, commenting on the post about Google’s “Mic Drop” debacle.I especially like the three April Fool’s Day guidelines at the end.

Here is EC’s Comment of the Day on the post, Google Shows What’s Wrong With April Fooling: Continue reading →

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