Alternative Ethics

 

“Let me know when the jail sentence starts.”
— Kellyanne Conway’s contemptuous response to a reporter asking about her repeated violations of the Hatch Act.

Of course White House counselor Kellyanne Conway knows perfectly well there are no criminal penalties for violating the Hatch Act since it is purely an administrative prohibition. Government employees can be reprimanded or fired for violating the Hatch Act, or assessed a fine up to $1,000. There are other disciplinary penalties that the Office of the Special Counsel (OSC) can recommend as well, but none of them include filing criminal charges. The difficulty in disciplining Ms. Conway, however, is that the Hatch Act as currently constituted only allows the OSC to recommend to the president that he fire her, and can do nothing on its own to remove her because she is a political appointee. As applied to Ms. Conway then, the Hatch Act is toothless as long as the president backs her, and she is also very well aware of that fact.


The Hatch Act was pushed forward in 1939 by New Mexico Senator Carl Hatch in response to overt politicking on the job by employees of the Works Progress Administration (WPA) under the Democratic presidential administration of Franklin Roosevelt. It is interesting to note Senator Hatch was a Democrat. Apparently the sentiment at the time was that putting a stop to politicking by federal employees on the taxpayers’ dime was worth bipartisan support. Congress has amended the Hatch Act twice since 1939, though always the toothless nature of the penalties for higher ranking government officials has stood, and as a result presidents have often refused to abide by disciplinary recommendations left up to their discretion.

Kellyanne Conway Speaks to the Press (47751382671)
Kellyanne Conway speaks to the press outside the West Wing of the White House in May 2019. Official White House photo by Tia Dufour.

It’s no surprise the current president has dismissed the recommendation by the OSC that he fire Kellyanne Conway for her repeated violations of the Hatch Act and her disdain of ethics restraints. She is the kind of person he likes best – loyal to him and, when speaking for the administration, a bullsh*t artist, for lack of a more polite phrase which adequately describes her role and abilities. “Spin doctor” doesn’t quite convey her proficiency at spewing outlandish lies, a talent for which her only rival is her boss, the current president. The Oval Office occupant has couched his objection to the OSC recommendation as a violation of Ms. Conway’s free speech right, a dubious argument the Supreme Court has shot down numerous times before in regard to enforcement of the Hatch Act. Government employees are free as always to speak their minds on their own time, but in their official capacity they work for everyone in the country, not merely one political faction.

The people staffing the current presidential administration have little regard for the rule of law as applied to them, and certainly not for an Act dealing with professional ethics that has no legal bite to it. This attitude and tone is set by the current president, for whom laws and ethics and the truth are malleable when applied to him and those he likes. Past presidents and their staffs had at least some little sense of shame, which is apparently what Congress hoped for in 1939 when they passed the original Hatch Act in 1939. Congress must have hoped for voluntary compliance under the pressure of public shame and political calculations. They did not foresee an administration that behaved utterly without shame and invented alternative facts.

Michelle Wolf comments on Kellyanne Conway in this clip from a February 2017 episode of The Daily Show, hosted by Trevor Noah. Warning: foul language.

The worst actors in the current administration, such as Kellyanne Conway, have nothing but contempt for any rules that cannot threaten them with prison if they don’t comply. She and the president she serves are going to do the right thing only when it suits them to do so, not if it only serves the interests of the country. Recently some Democrats in Congress have put forward a bill to amend the Hatch Act in order to redress the lack of enforcement power of the OSC when pursuing complaints against senior political appointees. If the bill passes, presidents will no longer be sole arbiters in such cases. If the bill passes and Kellyanne Conway continues violating the Hatch Act by advocating partisan political issues in her official capacity, she still won’t end up in jail, but she and her boss may have to pay some real political consequences, which is the only thing they understand . . . maybe.
— Vita

 

The False Witness

 

“You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness.
— Exodus 23:1, from the English Standard Version (ESV) of the Bible.

The job of White House Press Secretary has always been to walk a fine line between putting a good face on an administration’s policies and actions and lying about them outright. The current presidential administration and its press secretary have no such concerns and are obviously content to lie outright. When the White House released an altered video last week that made Cable News Network (CNN) reporter Jim Acosta the bad guy in an interaction with a White House intern who attempted to wrest a microphone away from him, they obviously cared not at all whether reasonable people believed their lie. They are, after all, not appealing to reasonable people.


Longboots1
Hip boots in the mud. Photo by Booter. Deep, and getting deeper all the time.

The current occupants of the White House offices know they have a third of the country solidly in their corner, people who will believe their lies without question and with gusto. Another third of the country is in the middle, sitting on the fence to one side or another, some of them perplexed or disturbed by the behavior they see from this administration’s people, but few of them willing to act on their apprehensions. The other third of the country consists of people who are steadfastly opposed to the current administration and are willing to resist to some degree its policies and actions and work toward its demise either electorally or by impeachment and conviction. The current president and his vassals care not one whit about the opinions of those people.

What’s particularly galling about the episode with Mr. Acosta is how the current Press Secretary, Sarah Huckabee Sanders, a self-professed devout Christian whose father is a minister as well as a politician, a woman who has never uttered any sincere support for womens’ rights otherwise and who works for a reprobate in the Oval Office who openly insults women at every opportunity, suddenly got religion about the issue of men assaulting women and used that as the excuse for revoking Mr. Acosta’s White House press privileges by way of her false witness regarding the altered video. He got handsy and rough with our female intern! No, he didn’t. Doesn’t matter, because the only people we need to convince will believe our version of events, and some of the rest will be so flabbergasted and flustered by the sheer chutzpah of our lying they will be paralyzed into impotence. The other third – who cares what they think?

Ms. Sanders has apparently made peace with her hypocrisy, no doubt rationalizing her aiding and abetting of evil as somehow being in the greater cause of Christianity. It is worrying, though, that a majority of white, middle class women have gone along with her down that road. They may have other reasons than Christianity to justify their support for and following of the Pussy Grabber in the Oval Office, but they all have rationalizations that can’t have much to do with the actual man and his policies. It’s almost understandable why white, middle class men might remain in his camp, because however misguided their wishes are, too many of them surely look up to him as someone worth emulating. But the women are a different story.

Pete Seeger led an audience at the Sanders Theater in Cambridge, Massachusetts, in 1980 in a performance of Meredith Tax’s “The Young Woman Who Swallowed a Lie”, an altered version of “There was an Old Lady Who Swallowed a Fly”.

Authoritarian Personality Syndrome (APS) and Social Dominance Orientation (SDO) are two of several characteristics that may explain why women follow the current president. Both are predominantly conservative characteristics and, by extension, fundamentalist Christians such as Ms. Sanders. Far more fundamentalist Christians are conservative than liberal. Without delving too deeply into differences in religions, it is safe to say fundamentalist Christians are more patriarchal than the average Christian, and more inclined toward APS and SDO characteristics. Women have to engage in more mental gymnastics than men to rationalize their devotion to the Leader of the He-Man Woman-Haters Club, but they do it, most probably with little introspection, and if his pep rallies are any guide, they are overcome with such starry-eyed enthusiasm they will approve of anything he says or does.
— Vita