Category Archives: Ethics

Facing the current situation

I know that most of our friends are struggling with the question of the moment–What can we do to hold back the takeover of our government by authoritarian fascists (and I don’t use that term lightly)?

I recommend read Sunday’s column by Ben Wittes, a former reporter and Washington Post editoria writer, now editor-in-chief at LawfareMedia.com. “The Situation” is a regular column appearing at Lawfaremedia.com.

In Sunday’s edition, he reviews the litany of areas in which DJT’s administration is wreaking havoc and destroying storied institutions and, worse, political and cultural values.

And then he muses as to whether this is should be seen as akin to an astroid striking the earth, about which nothing can be done except to try to find a safe spot to hunker down and pray for survival, or as “a kind of supernova, a rapidly expanding ball of fire that then collapses in on itself?”

I’m taking the liberty of reprinting the second half of his Sunday’s column, “The Situation: The Full-Scale Situation Two Months In.”

And, while you’re at it, check out earlier editions of “The Situation,” as well as the rest of Lawfare’s research and commentary. I know that you’ll find it rewarding.

Is America in the middle of an asteroid impact on more than two centuries of its democratic government and many—if not quite all—of its works? Or is it instead seeing a kind of supernova, a rapidly expanding ball of fire that then collapses in on itself?

Put in more military terms, is looking at a snapshot of the Full-Scale Situation today like looking at the Mongol or Roman empires during their expansions, which set up whole swathes of the world for centuries of domination? Or is it more like looking at a snapshot of the Napoleonic empire in 1812 or imperial Japan or Nazi Germany’s conquests in 1942 and imagining permanence when the reality would be, while cosmically destructive, altogether short-lived?

I am not going to try to answer this question. I try to avoid predictions.

I will say that the asteroid scenario becomes more likely the more people believe in it. One doesn’t litigate against an asteroid impact, after all. One doesn’t turn out in the streets to push back against asteroid impact. One also doesn’t run for office against the asteroid or its supporters. Rather, one hunkers down in what one imagines to be a safe place, very far away—and very underground—and hopes the worst effects don’t reach you. And one let’s the rest of the world fend for itself.

Conversely, if one believes that one is dealing with a power that looks immense but, in fact, is hyperextended and poised—as the Marxists might say—to collapse under the weight of its own contradictions, one might be inclined to add a few contradictions to the pile: a lawsuit here, maybe, a protest there, a political campaign, perhaps, support for groups that are managing the worst of the maelstrom. One might be inclined to snipe from behind the lines of the overextended empire. One might be inclined to work with allied democratic actors to protect core democratic interests. One might be inclined vocally to oppose invading Canada.

I can’t promise that if we all act like this problem is manageable, it will prove so. But I can promise that if we all act as though this problem is not manageable, it will not be.

So how’s it going two months in? I prefer to answer that question as follows: It’s a gravely dangerous situation; the executive branch is doing a lot of terrible things, and Congress is facilitating the damage it is inflicting. On the other hand, all over the country, inside of government and out, people are standing up for what’s right. They are quitting rather than carry out destructive policies. They are litigating. They are showing up to town halls to demand accountability from legislators. They are raising money. They are helping people who need help. The courts are functioning. Many of the worst policy moves have been stopped, at least temporarily. Many others have been softened or slowed. There is a fight happening. And it’s happening in a thousand places at once, because American democracy is not that fragile, and deconsolidating a democratic culture as rich as this one is a hard project.

Can it be done? And can it be prevented? I assume the answers to both of these questions are affirmative. It can be done, so treat this as a five-alarm fire. But the assumption also has to be that it can be prevented. Americans, after all, are not dinosaurs, and Trump is—metaphors aside—not an asteroid.

There will be damage. The president gets to inflict damage even where he doesn’t prevail—just as a defeated army does.

But don’t confuse the damage that is already visible with success on the part of the authoritarians. That is still a long way off.

Bill would allow state to punish reporters or their news organizations

When you have a few minutes, don’t miss Civil Beat’s Sunday feature, “The Sunshine Blog,” which takes aim at a proposed bill (SB 1618) that would create a state agency to regulate the press, and presumably penalize reporters or news outlets that are said to have strayed from the journalistic straight and narrow.

Their proposed state-run Journalistic Ethics Commission would investigate complaints against journalists — perhaps even from legislators — and would have the power to punish news outlets or individual journalists if the commission found they had violated its code of ethics.

The offending journalists could face unspecified fines and “suspension or revocation of state media privileges, including press credentials for government-sponsored events.”

The bill leaves the development of a code of ethics and implementing rules to the proposed Journalistic Ethics Commission, to then be applied by a separate “journalistic ethics review board.”

The bill does not provide an appropriation to find this unwieldy operation.

The bill magnanimously provides that “independent journalists and bloggers with a readership of fewer than 10,000 per month shall be exempt from this chapter.” But even my small, one-person blog enjoyed 12,000+ visitors in the past 30 days, meaning only the smallest blogs will avoid dealing with the proposed ethics police.

Of course, there’s one fundamental flaw. The bill provides that the code of ethics shall “comply with” (whatever that means) the code of ethics adopted by the Society of Professional Journalists, although it also provides for “additional standards adopted by the commission….”

And here’s how SPJ describes its ethics code.

The SPJ Code of Ethics is a statement of abiding principles…. It is not a set of rules, rather a guide that encourages all who engage in journalism to take responsibility for the information they provide, regardless of medium. The code should be read as a whole; individual principles should not be taken out of context. It is not, nor can it be under the First Amendment, legally enforceable.

Again, for emphasis. According to SJP, its code of ethics “is not, nor can it be under the First Amendment, legally enforceable.”

One can only imagine what the sponsors of the bill envision it doing. Sponsors include names that would not occur to me as defenders of a free press, including the lead proponent, Senator Donna Mercado Kim.

Another couple of sponsors, Senators Donovan Dela Cruz and Glenn Wakai, are best known for their behind-the-scenes bullying of state agencies and their employees, while doing their best to keep their strong-arm antics out of public view.

Interestingly, today’s Sunshine Blog also reports that the Senate leadership has closed off the press box on the side of the Senate Chamber, which has traditionally been a spot where reporters could observe the proceedings and converse with members of the Senate.

The sudden closing off reporters traditional access to the senate press box eliminates any confidence that the goal of the proposed “Journalistic Ethics Commission” has anything at all to do with transparency and the public interest.

A quick look into the financial disclosures of Honolulu city officials

I’ve been noodling around with the financial disclosures of Honolulu city officials, available online via the Honolulu City Clerk’s office, and thought I would take you along for a tour of their system.

These public financial disclosure reports have to be filed by candidates for elected city offices as they start their campaigns, and annually by elected city officials, along with top appointed officials (department directors and deputy directors).

If you are not familiar with the requirements for financial disclosure, there are a number of categories of financial interests and assets that hve to be reported. Here’s the complete text laying out the disclosure requirements (Section 1-19.4 Revised Ordinances of Honolulu).

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Have any public officials invested in Hawaiian Electric stock?

A friend contacted me recently expressing interest in whether any legislators own stock in Hawaiian Electric that would create a financial conflict of interest if they participate in discussing or voting on any proposed bailout plan to aid the company.

Fair question. Do any legislators, or other public officials, have investments in Hawaiian Electric?

Luckily, there is a way to find out. But it is neither quick nor simple.

Financial disclosures

Public officials, including elected officials, appointed department heads and deputies, and members of a number of key boards and commissions, file financial disclosures with the State Ethics Commission every year. These are public records, and the information is available online.

The information required to be reported includes sources of income over $1,000 received by the person filing the report, as well as their spouse and any dependant children, real estate owned or transferred with the prior year, positions held in businesses or nonprofit organizations (“officership, directorship, trusteeship, or other fiduciary relationship”), as well as creditors and a couple of other types of financial information.

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