trustworthiness

Now THIS Is Incompetence: Healy Baumgardner, Trump “Senior Press Representative” On CNN

/ Jack Marshall / 17 Comments

HealyAmong the various forms of unethical conduct, incompetence is often the one most difficult to assess objectively and fairly. In order to set a baseline standard for what constitutes indisputable incompetence in the performance of professional duties, I offer this, the recent appearance of “senior press representative” Healy Baumgardner on CNN with Carol Costello.

I know it’s hard to watch. Just brace yourself, and hold on. It will be over before you know it.

Healy, I think you will agree, makes Marco Rubio’s disastrous stuck-needle performance (Millennials: Once upon a time, recordings were played on these things called “record” by means of a “needle” on the arm of a “record player,” and a scratch would make the needle…oh, forget it.) during a debate cross-examination by Chris Christie look like deft repartee by comparison.

Fair conclusions to be drawn from this horror show include… Continue reading →

A Bait-And-Switcher Is Called To Account

/ Jack Marshall / 15 Comments

Reliant

Our small ethics training and consulting business always has cash flow worries, so when an offer arrived from Reliant Funding promising a quick line of credit, my business partner and COO–also known as my wife—leaped into action. She checked up on the outfit, and all indications were that they were legit. Comments about them on the web lacked any red flags.

Then she called the number listed to apply for the loan, a process promised to take “hours not days,” and activate the loan card, which looked like a credit card with my name on it. Our representative was articulate and informative, and prospects looked rosy. Then my wise COO, herself now crippled by the business curse, ethical thinking, heard  “Steve” say ProEthics could probably get a $10,000 loan. She immediately and curtly said that she would have to call him back.

“This mailer says that a $41, 739 loan was pre-approved. She said. He said the most we could get was $10,000. That mailer is a lie!”

“Correctamundo!” I ventured.

Now Steve was in trouble; you don’t want to cross Grace. Really. She called Steve back, and went on the attack: Continue reading →

The “Lying Hillary” Smoking Gun Video

/ Jack Marshall / 6 Comments

I know it’s viral now, and perhaps not news. Indeed, the fact that Hillary Clinton is one of the most prolific, shameless, media-enabled and successful serial liars in United States political history is certainly not news, and is undeniable by anyone not yet corrupted by her scorched earth march to power. Nonetheless, this is an ethics blog, and one that has devoted an extensive effort, much criticized as obsessive, to document why the words “ethical” and “Hillary Clinton” must never be used in close proximity to each other. I have to post this.

Does it prove she is spectacularly untrustworthy? Of course it does. Does it prove she is unfit to be President? Yes, except in the horrible hypothetical circumstance that someone even more unfit is running against her, such as, oh, let’s pick someone that no sane and patriotic American would ever consider as a potential President, like Jessica Simps…no, worse, like Alec Baldwi…no, still not bad enough. Okay, let’s say..I know, I know, it’s ridiculous, but…Donald Trump. (I almost said Justin Bieber.)

The stunning thing about the video is that it isn’t nearly complete. For example,  it does not include that dozens, indeed hundreds, maybe thousands, of  instances when Clinton employed deceit, the family specialty. Of course, if it did, the video would be 13 hours long. Days, maybe.

I do have some questions and observations for Hillary Clinton supporters in light of the above. Continue reading →

Screaming At The TV In A Hotel Room…The News Media, GOP, Polls, Trump and Hillary Agree: Lies Don’t Matter!

/ Jack Marshall / 12 Comments

Shrug2

I was stuck on the road without a laptop this morning, up an hour earlier than I thought I was because the hotel room clock was set an hour ahead (apparently they have double daylight savings time in Boston  now), and found myself watching one segment after another on CNN that had me by turns depressed and furious, with my head exploding repeatedly (I can’t wait to see the cleaning bill.)

1. First, there was a segment about how Hillary Clinton is attacking Bernie Sanders by saying that she supported the auto bailout, and implying that Bernie did not. As the CNN crew pointed out, Bernie opposed the bailout when it was part of the whole economic stimulus package,but voted for it, like Clinton, when it was severed from that bill. In other words, Clinton…and I know this will shock and disillusion many of you…was lying. This lie is the variety called deceit, a Clinton specialty. She doesn’t exactly say that Sanders didn’t vote for the bail-out, but that is the impression her words leave, and are meant to leave.

Get this: the reporter—I can’t find any of this exchange on the web—following Clinton’s campaign said (I am paraphrasing), “It isn’t up to Clinton to explain the nuances of his votes. That’s Sanders’ problem.”

No, you pro-Clinton hack of a lazy and ethics-challenged  parody of a journalist, it’s your problem and our problem, and because you and your Clinton suck-up colleagues won’t inform your viewers that a lie is a lie, it is a really big problem. Sanders did not oppose the auto bail-out, and Clinton, who knows that, is saying otherwise in the patented Bill and Hillary way. It shouldn’t be up to Bernie to try to unravel the deceitful false accusation; he shouldn’t have to deal with it at all, and wouldn’t if he wasn’t running against a shameless liar. I shouldn’t have to keep going on Facebook trying to explain reality to my ignorant friends who believe that Colin Powell’s handful of private e-mails during the Jurassic Period of State Department cyber-security made Hillary’s private server as pure as the ocean breeze, either. Continue reading →

Ethics Lessons of The Peter Chang “Plad Asshole” Affair…And No, One Of Them Isn’t “Always Serve Rice In Individual Bowls”

/ Jack Marshall / 7 Comments
Peter Chang: Chef, ethical restaurant owner, tough father...

Peter Chang: Chef, ethical restaurant owner, tough father...

In my metaphorical back yard, a kerfuffle over whether Chinese restaurants should serve rice  in individual bowls or family style resulted in bad publicity for a burgeoning restaurant chain, a family rift, some lost jobs, and an internet controversy.

I almost missed the last part. Luckily, my issue scout Fred misses nothing.

It unfolded thusly:

A group of four diners at the Peter Chang restaurant in Arlington, Virginia included a man who had lived in Beijing, and he expressed  surprise when the obligatory steamed rice arrived at their table in one large bowl.  He asked, “‘Oh, you guys don’t serve them in individual rice bowls?'” The server told the group that when rice is served to three or more diners at Peter Chang, it comes in a large bowl.

After the former Beijing resident (later termed “the know-it-all” in the ensuing social media debates) noted that it was an odd choice, considering that personalized bowls  were the norm in China, the server then offered to bring individual rice bowls instead. The group declined.

Oh…for some reason, three of the four men were in plaid jackets. Believe it or not, this detail is relevant.

When the diners received their bill, they saw that it had insulting typed commentary on it as well:  “im a plad asshole” and “i have a small penis”:

peter-chang-bill

When they complained to the manager, he apologized and brought out the two servers responsible for the typed insults on the point-of-sale slip. One of the diners told the Washington Post that the manager and the server appeared embarrassed but not contrite. “It was just a joke” and “You weren’t supposed to see it” described their attitude, he said. Continue reading →

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

/ Jack Marshall / 26 Comments

Skydiving

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”

/ Jack Marshall / 26 Comments

jag

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 →

Debbie Wasserman Schultz’s Authentic Frontier Gibberish In Defense Of Hillary

/ Jack Marshall / 13 Comments
Gabby Johnson for head of the DNC!

Gabby Johnson for head of the DNC!

I am going to add “authentic frontier gibberish” (or AFG ) to the Ethics Alarms glossary of special terms. It comes, of course, from a memorable moment in “Blazing Saddles,” but on Ethics Alarms it is usually used to describe either intentional or incompetent blather from politicians or others attempting to confuse the public, duck a question, or mislead everyone. It is deliberate communication malpractice, with the motive of not communicating but pretending to.

Seldom will you encounter a more ringing example of AFG than the foregoing. Democratic National Committee Chair Debbie Wasserman Schultz, a master at AFG,  was asked by Fox News’ Chris Wallace why she called the FBI’s investigation of Hillary Clinton’s possible national security violations in her handling of official e-mails “ludicrous.”

Here was her response… Continue reading →

A Federal Court Reinstates Tom Brady’s Suspension For Cheating

/ Jack Marshall / 27 Comments

Good.

What Brady doesn't get: When people think you cheated, the smirk is does as much damage as the conduct.

What Brady doesn’t get: When people think you cheated, the smirk is does as much damage as the conduct.

The U.S. Court of Appeals for the Second Circuit appeals court reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady yesterday. This overturned last year’s ruling by U.S. District Judge Richard M. Berman, who had nullified the league’s suspension of the superstar quarterback. The three-judge panel of the appeals court wrote…

“We hold that the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”

It is important to note that the Court only ruled on whether NFL Commissioner Roger Goodell had the power to suspend Brady and did not violate the player’s rights as a players union member by doing so. The NFL’s current deal with the players gives Goodell the kind of power Major League Baseball gave to its first commissioner after the 1919 Black Sox Scandal, when gamblers fixed the World Series. Goodell, like Landis, can use his discretion to punish a player for “conduct detrimental” to the game and the NFL. They did this because a disturbing number of NFL players were getting headlines for doing things that don’t comport with what the public expects of its paid heroes, like sucker-punching women, shooting people, getting in bar fights, and engaging in assorted felonies. The game also has a very successful coach, Brady’s coach, in fact, who has made it very clear that he will cheat whenever he can get away with it..

I’m not going to rehash the “Deflategate” incident: I wrote enough about it when it occurred. Nobody knows for certain if Tom Brady in fact did conspire with Patriots employees to cheat when his team was behind in a crucial play-off game, but we know this: Continue reading →

Ethics Hero: Dallas District Attorney Craig Watkins

/ Jack Marshall / 21 Comments
Craig Watkins, a D.A. who understands his ethical priorities.

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 →