trust

The Trooper,The Law Clerk, And The Deer

/ Jack Marshall / 12 Comments
This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading →

Ethics Hero: Senator Rand Paul

/ Jack Marshall / 4 Comments
Thanks, Snator, we needed that.

Thanks, Senator, we needed that.

Rand Paul has disqualified himself from being considered for the Presidency by rational voters in many ways. His suggestion to MSNBC’s Rachel Maddow that he would have waited for market forces to end Jim Crow, and voted against portions of the Civil Rights Act was enough all by itself. Paul’s embrace of isolationism—he often sounds like Michael Moore on foreign policy—is as fanciful as it is dangerous.  He has no executive experience, and based on some of his statements (and positions), I’m convinced he’s just not very smart.

Not only that, but he is the most arrogant candidate in a field that may contain Chris Christie, and that’s incredible.

Nonetheless, his filibuster-like Senate speech against National Security Agency counter-terrorism surveillance, forcing key portions of the Patriot Act to expire, was a brave, principled, and important act. In the end it was also a futile act, and the Senate quickly passed provisions that Paul opposed. The Daily Beast headlined the story, “It’s NSA 1, Rand Paul 0.”

It was still a public service. Yes, Paul alienated most of his party, and he took a huge risk: a single terrorist attack here will automatically turn him into a national pariah, and coming the same week that we discovered conclusively that the TSA is a joke, the chances of such an event occurring seem likelier than ever. (Saying, however, as Paul did, that “people here in town …secretly want there to be an attack on the United States so they can blame it on me” was inexcusably  stupid. Really? People want to see American citizens die to make Rand Paul look bad, when he makes himself look bad on a regular basis?) The point Paul made, however, and it needs to be made again, and again, and again, is that there is no reason to trust the NSA, and no reason to trust the current federal government either. The fact that on security matters we have no real choice is frightening and disheartening, but nevertheless, no American should be comfortable with his or her private communications, activities and other personal matters being tracked by the NSA, which is incompetent (See: Snowden, Edward) and which lies, or the Obama Administration, which doesn’t care if the NSA lies, and has repeatedly shown that it has no qualms about violating the Constitution until a Court stops it. Continue reading →

The Progressive Corruption Of And Betrayal By The Democratic Party, PART II: Hillary Denial

/ Jack Marshall / 51 Comments

dead donkey

It is not even June of 2015; the 2016 election is almost a year and a half away. Yet already there is so much smoke—but no smoking guns! Well, no new ones, anyway—around Hillary Clinton’s conduct, finances and character that it would have any major city’s fire department speeding to the source in panic. Her conduct as First Lady placed political expediency above common decency; her financial machinations were never fully unraveled but had the smell of a scam. She became Senator via nepotism rather than merit; she was made Secretary of State in a political deal. In that role, she engineered the fiasco in Libya, a “re-set” with Russia that backfired, and generally left fingerprints all over Obama’s epically failed foreign policy, including the disastrous withdrawal from Iraq.

The nation learned that she violated both her own agency’s policies and national security protocols to control her e-mails, then dumped 30,000 of them before they could be independently examined and subpoenaed by Congress. Her explanations for this ranged from ridiculous to untrue. She violated her deal with both Congress and the Obama Administration regarding accepting contributions to the Clinton Foundation from foreign governments, and attempted to use a Canadian affiliate to cover up some of them. Objective observers regard the Foundation as a huge Clinton Family advancement slush fund and a likely influence-peddling, quid pro quo device, though an uncommonly clever one. The Foundation itself has failed to meet non-profit best practices, and is regarded with suspicion in the non-profit sector by those who monitor charities. Meanwhile, the outrageous speaking fees raked in by both Clintons appear to be naked greed at best—taking scarce money, for example, for speaking to colleges in financial distress—and thinly veiled, plausibly deniable bribery at worst.

Every week–day?— brings more. Yesterday, we learned that shady Clinton advisor Sidney Blumenthal, whom the Obama Administration refused to allow Secretary of State Hillary Clinton to hire because, well, he is shady, was paid $10,000 a month by the Clinton Foundation to advise her informally on Libya. Foul. The Clinton Foundation is a non-profit charity and operating foundation that supposedly…

“convenes businesses, governments, NGOs, and individuals to improve global health and wellness, increase opportunity for women and girls, reduce childhood obesity, create economic opportunity and growth, and help communities address the effects of climate change”

…not one that “collects tax-deductible contributions under false pretenses so cronies of the Clintons can be paid stipends for work that has nothing to do with the Foundation’s mission.” Continue reading →

P.S. 120’s Pay-To-Play Carnival: How Can We Entrust Our Children’s Education To People Like This?

/ Jack Marshall / 65 Comments

150521_ Carnival at PS 120, 58-01 136th St, Queens, NY, for Sunday, J.C.Rice

I don’t know why my head didn’t blow up with this one. Maybe I’m building up resistance. (Is that good or bad?)

PS 120 in Flushing, Queens, held a carnival for its students last week during school hours, with nearly 900 kids, pre-K to fifth-grade, taking turns in 45 minutes shifts.  There were inflatable slides, a space-bounce, rides,popcorn, ices, music and more. It also cost parents $10, and if they didn’t pay, their kids were forced to sit in the auditorium and listen to their richer classmates having fun.

Now the carnival operator is offering to hold a repeat for the excluded children. “If I had known that there were kids not allowed to attend the carnival, I would have paid for them,” he now says.   That’s nice (and smart PR), but the damage is done.

All the teachers, administrators, the PTA and the principal involved in planning this event, and not one had the functioning ethics alarm to say, “WHAT? We can’t exclude kids who can’t pay. That’s unfair and cruel.”  Wow.

Find another way to fund the event. Find a sponsor. Tell the parents who can pay that they will also be paying for poorer families that cannot. Cancel the event, but whatever you do, you can’t punish kids because their parents can’t or won’t pay ten dollars.

Oh—the school made a nice profit on the carnival!

People this incompetent and lacking in compassion and common sense shouldn’t be allowed alone with children, much trusted to teach them.

___________________________

Pointer: Fred

Facts: NY Post 1, 2

 

Unethical Clinton Quote Of The Week: Hillary Clinton

/ Jack Marshall / 12 Comments

“I have said repeatedly: I want those emails out. Nobody has a bigger interest in getting them released than I do…[A]nything that [the State Department] might do to expedite that process, I heartily support.”

—Hillary Clinton, lying her head off and, as usual, assuming nobody will notice,but, to be fair, being funnier than usual.

I’m sorry…is there a typo in that headline? Is my description overly arch? There answers are “no” and “yes, but I can’t stand much more of this.”

I think we are at the point where Clinton’s campaign has become a national ethics, integrity and intelligence test for the media, pundits, your friends and family members, and especially for Clinton supporters. For the Clintons, it’s a matter of how gutsy they can get in saying ridiculous things they know are ridiculous and expecting everyone to shrug it off…except those bad conservatives, Republicans and Clinton haters, of course. You can recognize them by the fact that they don’t shrug those statements off with a smile and a “That’s our Bill!” or “Don’t talk to my brain about the election, I’m voting with my vagina!”

The tipping point for me came a long time ago, but for anyone late to the party and capable of fair thought, it should at least have occurred when Bill Clinton justified his continued acceptance of obscene speaking fees (from likely corporate supplicants for U.S. favors and bounty after his wife becomes President) by saying “I gotta pay the bills!” This is just rubbing the public’s face in Clinton’s shamelessness, greed and corruption, and expecting everyone to like it.

Do you like it? If so, I’m disgusted with you.

The quote above by Hillary was just as outrageous; it just wasn’t quite as funny. (I’m saying that analytically: I am no longer capable of laughing at this kind of stuff from either Bill or Hillary, and I find my friends’ willingness to tolerate it tragic and diminishing.) To appreciate just how outrageous, you have to understand that it comes in the wake of the State Department announcing that it would take at least until January of 2016 to release the official emails that Hillary Clinton had to hand over because she used her own personal email server while Secretary of State in violation of government policies, including her own agency’s. (These weren’t all the e-mails, you’ll recall. She decided which she wanted the nation to see, and destroyed many thousands of them that she didn’t want to be seen, just in time to stop them from being subpoenaed.)

As State explained  in excruciating  detail, the process will take a long time because (other than the fact that the current leadership of the State Department doesn’t especially want those e-mails released either) “the Department received the 55,000 pages in paper form. The documents were provided in twelve bankers’ boxes (approximately 24” x 15” x 10 ¼” in size) with labels placed on the outside of the boxes that corresponded approximately to the time frame of the documents within a given box.”

Tech Dirt, which is not a political site and certainly not an ideological one, is falling all over itself guffawing about this and Clinton’s response to it:

“You know what would have expedited the release? First, using the State Department’s own email system while you were Secretary of State, so this wouldn’t have even been an issue. And, second, when all of this became an issue handing over the emails in electronic form, rather than in printed form in a bunch of boxes. [T] he way that Clinton has handled this whole thing is really ridiculous. Who the hell thinks it’s a good idea to print out 55,000 pages of records that were original electronic unless you’re trying to hide stuff and make life difficult for those going through it?…”

Continue reading →

Integrity Fail: Republicans Pass An Anti-Abortion Bill, Thus Undermining Their Argument Against Unconstitutional Overreach By Democrats

/ Jack Marshall / 13 Comments
I bet this guy is a Republican.

I bet this guy is a Republican.

The bill the Republicans in the House just passed to ban abortions after 20 weeks undermines every argument the party has made against the abuse of the Constitution’s Commerce Clause to allow the federal government to meddle in state matters. One’s position on abortion isn’t relevant to the ethics and law here: I agree whole-heartedly with the ban in principle.

Abortion isn’t commerce, however. For decades, the Commerce Clause’s provision giving Congress the power to “regulate commerce . . . among the several states” has been stretched beyond all reason and the limits of language by Democratic majorities.  It has been conservative legislators, scholars and pundits who have screamed about it. Indeed, this was the primary basis for the attack on Obamacare in the Supreme Court case NFIB v. Sebelius, and the majority did find that the so-called “individual mandate” exceeded Congress’s Commerce Clause limitations.

The abuse of the Commerce Clause has been the primary means by which the Founders’ intentional restraints on federal  government power over the states and individuals have been circumvented by big government advocates. Some of the measures that were ingeniously slipped by the Commerce Clause using dubious justifications have been necessary and beneficial, like Federal laws against discrimination. Those measures, however, greased an ever-slipperier slope that has made the Clause a virtual nullity.

Supposedly, Republicans believed that it was important to start taking the Constitutional limits on Congressional power seriously again, because the alternative would be a Congressional dictatorship over the states. Now we know that the Republicans are just as willing to trample the Commerce Clause as Democrats are, as long as their pet social issues are being served. Continue reading →

The Ultimate Pazuzu At TNT Academy

/ Jack Marshall / 33 Comments

pazuzzu

Frequent readers here will be familiar with the Pazuzu Excuse. Pazuzu was the demon that made Linda Blair say such awful things in “The Exorcist”—he also made her head swivel around 180 degrees. Pazuzu is the presumptive miscreant whenever someone tried to beg forgiveness for a particularly vile, and often career-threatening remark by arguing that the statement “didn’t reflect my true beliefs,” as if someone else had suddenly grabbed the controls. Michael Richards (“Kramer” on “Seinfeld”) was, therefore, mystified about why he suddenly started screaming “Nigger!” at a stand-up comedy performance. Mel Gibson swore that all the anti-Semitic slurs he uttered on a fateful night were of mysterious origin, since he isn’t the kind of guy who would act like that. (Later events proved this to be mistaken.) There are many examples from the famous, momentarily famous and not famous at all.

The Full Pazuzu is reached when someone implies that what was said or written suggests a different identity. Sony executive Amy Pascal, to cite a recent example, explained her hacked e-mails (which really weren’t that bad) by writing,

“The content of my emails were insensitive and inappropriate but are not an accurate reflection of who I am…”

Whoever or whatever those e-mails were an accurate reflection of, they fired him/her/it.

Now, however, by way of Stone Mountain, Georgia, comes a rare Ultimate Pazuzu, where the individual under fire really blamed the devil. [NOTE: Pazuzu isn’t the devil, but he works for him, so under the principle of agency, it’s a distinction without a difference.] Continue reading →

The Unethical Tom Brady Conduct He Isn’t Being Punished For

/ Jack Marshall / 20 Comments
This isn't the graphic for this post for the reason you think it is...

This isn’t the graphic for this post for the reason you think it is…

The NFL surprised me a little yesterday—but pleasantly— by hitting New England Patriots quarterback Tom Brady and his team with something approaching an appropriately tough penalty for cheating in a playoff game, lying about it, obstructing the NFL’s investigations, and then acting as if the whole mess was a joke. The NFL suspended Brady for four games, stripped the Patriots of their first-round draft pick in 2017 and a fourth-round pick as well, and fined the team $1 million for Brady’s  “conduct detrimental to the integrity of the NFL” and for “failure to cooperate in the subsequent investigation.”

Exactly. It wasn’t the infraction alone that made this serious; it was the suggestion, magnified by Brady’s smug attitude, that cheating in an NFL play-off game is no big deal and nothing to be upset or ashamed about. The team also had to be punished, in part because cheating has long been the Patriots’ MO, and the team’s continued success at winning championships, without some negative consequences, is a neon sign advertisement for cheating in games, in school, in business, in life.

Finally, the draft choices were a crucial element, because taking away those really hurt the team. Otherwise it would have been just an affordable fine: Brady doesn’t need the millions he’ll lose by not playing four games, and the Patriots are more than a one-man team; they might still win all four. As for team owner Robert Kraft, he won’t even notice that the million dollars is missing. The draft choices the team will notice. Good.

But there is another injustice here that isn’t getting as much attention as the suspending of New England’s smirking, cheating star. Continue reading →

California Government Ethics: Water Sprinklers During A Drought…In The Rain

/ Jack Marshall / 36 Comments

The catastrophic shortage of water in California has prompted rationing and the looming prospect of permanent changes to the state’s economy and lifestyle. Yet this week a citizen with a cellphone captured video of California Department of Transportation sprinklers sewing the precious fluid along a freeway…as a light rain fell following a night of showers. Meanwhile, along the freeways, message boards are warning motorists of the importance of responsible water use in the drought, stating “Severe Drought. Limit Outdoor Watering.”

In my business and corporate ethics programs, I often use a hypothetical based on a true incident at the U.S. Chamber of Commerce, in which the staff was told that there would have to be a freeze on raises and new hiring because of financial challenges facing the association. They were told that everyone would have to sacrifice for the vital mission of the Chamber. That same week, the General Counsel’s office received a long-delayed remodeling, with expensive new furniture, artwork and carpeting. Morale plummeted, and the absence of trust in management was palpable. I use the incident to demonstrate the consequences of leadership hypocrisy and absence of integrity, when those in power hold themselves to different, and lower, standards than they claim to champion.

What California did was far, far worse. Continue reading →

Re The Latest In The Stream Of Clinton Scandals: If Hillary Clinton Really Cared About The U.S., She’d Drop Out Now

/ Jack Marshall / 17 Comments
"..and in US public officials!"

..and in US public officials!

Has any American politician voluntarily and sincerely given up power or the quest for it in the best interests of the nation? I’m searching through my American history materials, and so far, I can’t find one since George Washington, who knew he could have been President for Life, and also knew it was a terrible idea. President Nixon and Johnson both said that they were giving up the Presidency for the good of the nation, but Nixon was toast and knew it, and Johnson, the consummate politician, knew that he faced an ugly rejection by the public and the destruction of his party as a result.  I can point to one president who definitely refused to give up power in the best interests of the nation, and thus set us on the divisive and dysfunctional path we are on now: Bill Clinton.

What a coincidence!

Hillary is not Bill, but it is already clear that she is willing to reduce American politics to new lows in blood warfare and polarize the nation even more than it is now, corrupting the news media and her supporters beyond recognition if the carnage can take  her to the White House. Surely she realizes that the months between now and November 2016 will consist of a river wild of revelations, accusations, scandals,  and search and destroy operations by her opponents as well as objective supporters of honest and responsible government. She also knows that there is plenty of substance—as in evidence of her duplicity and untrustworthiness—to discover. And she knows that she will respond, as the Clintons always have and always will, with carefully worded denials, ad hominem attacks on her critics, dark theories about conspiracies, accusations of sexism, and, of course, cover-ups and lies.

Next to a terrorist attack or a national police announcement that yes, they are hunting down African Americans, this is the last thing the United States needs….which means, in turn, that the next to last thing is the candidacy of Hillary Clinton.

The latest controversy is instructive. Continue reading →