Jurassic ObamaCare

jurassic-park

John Hammond: All major theme parks have delays. When they opened Disneyland in 1956, nothing worked!

Dr. Ian Malcolm: Yeah, but, John, if The Pirates of the Caribbean breaks down, the pirates don’t eat the tourists.

That memorable exchange from Jurassic Park came to mind constantly when major break-downs in the Healthcare.gov website were being called glitches by government toadies and the news media (but I repeat myself), and it came to mind again when the President was taking his absurd victory lap in April after the enrollment figures came out, as if the public’s ability to finally make the damn website work was the final definition of success.

Like the pathetic Hammond, the visionary who built his dinosaur theme park only to see it fall victim to Chaos Theory and hubris, Obamacare’s army of deceitful supporters and cheerleaders resolutely refuse to admit what should be apparent. The project was too ambitious, badly designed, sloppily executed, and dependent on too many untrustworthy contractors—like Dennis Nedry, who was just Newman in disguise. The evidence has been obvious, but as has now become standard operating procedure for this epically incompetent, amateurish, dishonest and unaccountable administration, the strategy has been to deny, delay, confuse, posture and accuse, while hoping some miracle or collective amnesia prevents the day of reckoning.

Yesterday we learned the raptors are out of their enclosure. On top of the revelation that the enrollment numbers do not ensure the stability of the program as various disgraceful choruses from the media claimed in March, we were told this (from the Washington Post): Continue reading

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading

Ethics Quote Of The Week: Kareem Abdul-Jabbar.

“Shouldn’t we be equally angered by the fact that his private, intimate conversation was taped and then leaked to the media? Didn’t we just call to task the NSA for intruding into American citizen’s privacy in such an un-American way? Although the impact is similar to Mitt Romney’s comments that were secretly taped, the difference is that Romney was giving a public speech. The making and release of this tape is so sleazy that just listening to it makes me feel like an accomplice to the crime. We didn’t steal the cake but we’re all gorging ourselves on it. So, if we’re all going to be outraged…Let’s be outraged that private conversations between people in an intimate relationship are recorded and publicly played. Let’s be outraged that whoever did the betraying will probably get a book deal, a sitcom, trade recipes with Hoda and Kathie Lee, and soon appear on “Celebrity Apprentice” and “Dancing with the Stars.”‘

—Basketball legend Kareem Abdul-Jabbar, in an essay pointing out some of  hypocrisies and excesses in the reactions to the Donald Sterling saga.

"Gotcha! He's screwed now...but he's a racist scumbag, so it's perfectly OK."

“Gotcha! He’s screwed now…but he’s a racist scumbag, so it’s perfectly OK.”

Good for Kareem. I was just about to make this point myself, and preparing to be pilloried for making excuses for a racist. Kareem is a lot bigger than I am, and I’m happy to stand behind him.

I watched two African-American lawyers on CNN today erupt in over-the-top outrage that has become the norm in the “finger-wagging Olympics” that Abdul-Jabbar decries in the rest of his article. One of the lawyers called Sterling’s remarks defamatory—“defamatory?” Sterling didn’t say a word that was negative about blacks; he just said he didn’t want his girl friend taking photos with them. His comments constitute smoking gun proof of racial bias, sure, but they aren’t “defamatory.” The other lawyer called them “the most vile, disgusting...” on and on and on, comments that he had ever heard.  Really? I doubt that. You know, once you award the prize to Sterling’s racist comments, you have no more superlatives left  for really horrible racist remarks. The two sportswriters, Christine Brennan and Bill Rhoden, who preceded my commentary on NPR today, did the same thing. It was a contest over who could express the most outrage.

It is a small surprise, then, in this hyper-charged atmosphere, that the conduct of V. Stiviano is getting an ethics pass, as if betrayal doesn’t matter as long as the betrayed party is despicable, and what she did was justified because she exposed a racist to the world. It’s not justified. The ends don’t justify the means, when the means are betrayal and mean-spirited vengeance, and when the methods used threaten to become a social norm, turning American homes and bedrooms into Stalinesque trap where no secret is safe. We’ve seen this practice before and I’ve condemned it before: the Harvard Law student turned into a campus pariah by a jealous rival circulating a private e-mail to the people most likely to be offended by it; Alec Baldwin’s daughter releasing private communications with her intemperate father to harm his reputation; Mel Gibson’s girlfriend doing the same; e-mail jokes being intercepted and sent to political enemies as a tool of personal destruction; clumsy suitors having their fumbles turned into national ridicule by the objects of their affection. Continue reading

The Donald Sterling Mess: Watching An Ethics Train Wreck Develop Before Our Eyes

Circus Train wreck

I realized that the Donald Sterling controversy was going to be a full-blown ethics train wreck when, as I should have predicted but didn’t, President Obama once again tossed his office, authority and power into a completely non-governmental matter that his involvement could only confound, and can’t possibly help. “When ignorant folks want to advertise their ignorance you don’t really have to do anything, you just let them talk,” the President responded during a news conference in Kuala Lumpur,  after being asked about Sterling’s alleged remarks. At least he didn’t say that V. Stiviano, the NBA owner’s mistress who recorded the comments, could have been his daughter.

This continues a pattern, exemplified by the President’s gratuitous statements as the Trayvon Martin case was unfolding, of Obama being willfully ignorant of the injustice done when the President of the United States uses his bullhorn to warp independent investigations before they are complete, and attempts to sway public opinion in matters outside his proper duties. The NBA is currently examining the circumstances of Sterling’s statements, and Obama’s irresponsible interjections can do nothing but upset the process. He simply cannot or will not restrain himself. My view: this stuff is easy, an approximation of being Presidential for a leader who is foundering in dealing with the important, legitimate challenges of his job. It is an expression of weakness.

Meanwhile, it is increasingly likely that, in classic ethics train wreck fashion, everyone connected to and responding to this episode is or will be tainted. Sterling’s girlfriend, for example, broke the law: California is a state like Maryland ( Hello, Linda Tripp, wherever you are!) and others, where it is illegal to record anyone without their consent. Her motives were also despicable: reputedly she had vowed vengeance because Sterling’s wife (oh, yes, her sugar-daddy is still married) has sued her for embezzlement. His wife calls her a gold-digger; perhaps that is unfair, and perhaps she really loves the 80-year-old evident racist for the purity of his soul and vitality in the sack rather than his bank account, just as I may be secretly a bighorn sheep. But the incident roiling the worlds of sports and culture is clearly the product of domestic warfare and at least two thoroughly awful people. Continue reading

Strict Liability For Biases and the Racist NBA Team Owner Principle

Keep the lock secure, and all the bad stuff inside might not matter...

Keep the lock secure, and all the bad stuff inside might not matter…

I had an unusual  roommate in law school, a former Marine, smart, handsome and charismatic. Let’s call him “Carl.”

He was also a racist, and unapologetic about it. He was an anti-Semite too. After Carl died at the age of 27 in a freak accident, his funeral was attended by several Jewish and African-American law students who considered my roommate a good friend. They had no idea that he was prejudiced, because my friend treated everyone with fairness and respect, at least in my experience. I would ask Carl about this, and he would express surprise that I would be confused at his behavior. “I would never treat anyone with disrespect, no matter who he or she was, or unfairly either,” he said. “That would be wrong, and not Christian.” (He was a Roman Catholic.) Carl also gave annual contributions to the United Negro College Fund, and he was far from wealthy.

That was my introduction to the truth, and it is a comforting one, that biases can be overcome if someone has the character and the strength to recognize them as biases. Racism is just a bias, you know; a particularly harmful and strong one, but still a bias. Having a bias, even a strong one, is not unethical, just as thoughts themselves, without more, are not unethical. A bias is an ethics impediment, a condition that makes being ethical more difficult, and for many of us, impossible. My friend was one of the most honorable and ethical people in his conduct that I ever knew. He had a bias, knew that to be an ethical human being he had to overcome it daily, and did.

If, however, his black and Jewish friends had learned about his private arguments with me, they would have been hurt, and could not have remained friends with him. It would simply be a matter of trust….although, in fact, Carl was completely worthy of trust no matter what race or creed you were. But it is impossible, I think to continue to trust anyone once you know that he is prejudiced against your race.

This brings us to the ugly tale of Donald Sterling, owner of the NBA’s Los Angeles Clippers. His girlfriend, who is black, recorded an argument between the two of them in which he reprimanded her for posting photographs of African-American companions. Continue reading

Further Thoughts On “The Vampire Candidate”

dracula for congress

I don’t want to make this Vampire Day, but after reading the comments so far on today’s Ethics Quiz involving Florida Congressional candidate/ fantasy vampire role-play enthusiast Jake Rush, I realize that the original post omitted some important points and queries. Here, in no particular order, are my further thoughts:

  • The Ick Factor? Both conservative and liberal commentators are ridiculing Rush, essentially concluding that his hobby disqualifies him as a serious candidate. The most quoted source referred to the images embraced by Rush’s role-playing group as “disturbing,” “bizarre,” and “unsettling.” Do these reactions signal a rejection of Rush’s values, or is this a clear-cut example of the “Ick Factor,” which is often mistaken for unethical conduct? Strange does not mean wrong or unethical.
  • Trust. When we elect leaders, we must trust them. “Strange” by definition suggests unpredictability; if we don’t understand why people do what they do, it is hard for us to know how they will behave, and if we don’t know how they will behave, we can’t rationally trust them.
  • Integrity. I should have raised the issue of integrity, for it is critical to the problem. Integrity is essential to trust, and a candidate like Rush raises the question: “Who, or what, is this guy?” Is he a “straight-shooting” conservative who likes to play vampire in his spare time, just like some politicians like to play poker or watch synchronized swimming (now that’s what I call weird), or is he a wannabe creature of the night who is just playing a conservative Republican in the daytime to conform to the expectations of conventional society? If there is doubt about that, then his integrity is in question.

Continue reading

Ethics Quiz: Trust and the Vampire Candidate

jake-rushConservative Republican candidate Jacob A. Rush, a 35-year-old attorney, has begun a campaign in Florida’s 3rd Congressional District to win the primary against incumbent U.S. Rep. Ted Yoho, a Tea Party stalwart seeking a second term. Rush’s campaign website portrays  him  as a “conservative straight shooter,”and he may indeed be that. A Florida blog uncovered the fact that Rush is also, however, a long-time member of the Mind’s Eye Society,  “a nationwide community of gothic-punk role-players who take on the personas of vampires and other supernatural beings” for fantasy battles “against their own bestial natures, hunters, and each other.”

It’s all fun and games with improvisational theater tossed in, though with a decidedly adult set of themes. Rush liked ( likes?) to play a character named “van de Winst”, a lusty vampire, and photos of the lawyer were found on the web showing him and/or members of his club, playing vampire,  burning books, aiming shotguns at dogs, pretending to be demons, displaying Satanic symbols, being chained and gagged…you know, that kind of thing. Fun stuff.

After this all came out—how could he think it would not?—Rush explained in a press release:

“All my life, I’ve been blessed with a vivid imagination from playing George Washington in elementary school to dressing up as a super hero last Halloween for trick or treaters. Any cursory review of the Internet will show that I have played heroes and villains…. I have never hid nor shied away from disclosing my hobby activities. When I was hired at the Sheriff’s office, I fully disclosed my gaming and theatre background on the application, and these hobbies posed absolutely no problem or raised any flags. In fact, when applying for undercover work, these hobbies were considered an advantage, so much so my shift lieutenant nicknamed me ‘Shakespeare.'”

And he included this photo of him and his wife…

Rush and wife

…wisely choosing not to send this one:

Rush vanpire

WOW.

And thus your Ethics Alarms Ethics Quiz for today is….

Is it  Jacob Rush’s unusual personal hobby relevant to his ability to serve in Congress?

Continue reading

I Repeat: April Fools Day Is Not For Ethical Professionals

april-fools-day-banner

In a much attacked post here way back in 2010, I offered some ethical guidelines for April Fool’s Day, which was just beginning to get out of hand. I was right, my critics were wrong, and maybe some of the mockers who are now trying to figure out when their favorite news organization is lying to them today for fun, as opposed to the rest of the year when it lies to them out of bias or incompetence, are beginning to appreciate my position.

I just watched three different morning news shows that contained fake news or commentary that the reporters and anchors, at least, seemed to think was hilarious. In one case, on Fox, conservative talk-show host Laura Ingraham dead-panned a remarkably even-handed and fair explanation for HHS Secretary Sibelius’s much-maligned TV silence when asked about the Affordable Care Act’s unpopularity.  April Fool! Laura wasn’t being fair or objective, she was just tricking Fox’s audience into being angry at her for being fair and objective, or, in my case, admiring her integrity for pointing out that the incident had more than one plausible interpretation. Got me, Laura. I just heard an NPR host plead with the audience not to regard the upcoming segment as a hoax because of the date, an especially difficult plea since NPR springs virtual hoaxes on its audience all year.

The first and most important of my April Fools guidelines was this:

1. April Fools’ Day tricks are not for professionals to play on those who depend on them, trust them, or otherwise rely on them for information or services, unless there is a special relationship as well. The risks of harm and abuse are too great.

The succeeding four years have validated my position. Journalism, government and politics are the prime examples. CNN played a video that showed Jay Carney crowing yesterday about the Affordable Care Act’s success even as the Healthcare.gov website had crashed. Wait..is this a joke? Did the Obama White House film this for fun and games? They wouldn’t do this, you say? Government officials don’t use their high office for jokes and hoaxes? Really?

Sen. Ted Cruz, also on Fox, showed his new tattoo, apparently an April Fools’ joke, but also said he was certain that the Affordable Care Act would be repealed. Which is more likely, that the AFA will be repealed, or that wacky Ted Cruz would get a tattoo? Slate has a post up by someone called Rehan Salan, which is, clearly, a clever anagram for “En Anal Rash” or something, arguing that adults without children should be forced to pay extra taxes to support parents. Hah! Good one, Slate! That should turn the “pro choice” crowd on its head: lets; punish the choice not to have children via a penalty—I’m sorry, Chief Justice Roberts, a tax, wink-wink. Wait…that isn’t a joke? Ok, well, I’m sure about this, then: that fake video showing famous tough guy Don Baylor, a record holder for being hit by pitches when he played and now a coach for the Los Angeles Angels, “breaking his leg” catching the ceremonial first pitch of the baseball season. April Fools, right ESPN? No????

Continue reading

Rationalizing Corruption

But remember: the trains ran on time!

But remember: the trains ran on time!

It is a debate that erupts here periodically: Do you vote for the honest and trustworthy politician whose policies you despise, or the lying rogue who stands for all the “right” things? Washington Post editor Hilary Krieger raises the issue with gusto in the Sunday Washington Post, with an essay titled (in the print edition) “Is a little political corruption all that bad?”

Yes, Hilary, it is.

Next question?

But perhaps that’s not sufficient to kill this particular snake, so let’s delve a bit deeper into this truly fatuous, ethically obtuse article. Continue reading