Trump transition team ethics pledge appears to exclude president-elect; CNN, November 27, 2024

 Betsy Klein, Steve Contorno and Arlette Saenz , CNN; Trump transition team ethics pledge appears to exclude president-elect

[Kip Currier: Res Ipsa Loquitur (The thing speaks for itself)]

[Excerpt]

"President-elect Donald Trump’s team submitted an ethics plan guiding the conduct of its members throughout the transition period that does not appear to include provisions for one key member of the team: the president himself.

“There does not appear to be a provision addressing the requirement for the president-elect to address his conflicts of interest,” said Valerie Smith Boyd, director of the Center for Presidential Transition at the nonprofit, nonpartisan Partnership for Public Service."

How the Trump transition ethics pledge differs from recent norms; Reuters, November 27, 2024

Heather Timmons , Reuters; How the Trump transition ethics pledge differs from recent norms

"U.S. President-elect Donald Trump's team signed an agreement on Tuesday with President Joe Biden's administration to coordinate with federal agencies and share documents, after weeks of delays.

The Trump team also posted a separate ethics pledge on the website of the General Services Administration, which echoes the standard ethics pledge signed by other past presidential candidates, ethics experts say, with some notable differences...

TRUMP'S ASSETS AND CONFLICTS

The standard pledge contains a promise that the candidate, if elected, will "avoid both actual and apparent conflicts of interest" and to "hold only non-conflicting assets, such as assets exempt from conflict by regulation."

The Trump transition team pledge contains no mention of Trump's personal ethics or assets.

It's a notable difference, said Enzo Benoit, spokesman for the Partnership for Public Service, which monitors transitions. But it may be a minor issue because Trump will be bound by the more detailed conflicts of interest requirements when he actually takes office."

"Consequences are severe": Trump's lack of ethics pledge delays transition process; Salon, November 9, 2024

Griffin Eckstein , Salon; "Consequences are severe": Trump's lack of ethics pledge delays transition process

"The specific disclosures required of Trump by the October deadline were created in the wake of his first term. A 2019 amendment to the act created the requirement after Trump sparked bipartisan outrage by failing to mitigate conflicts during his presidency. Both President Joe Biden and Harris had filed the required plans by the deadline. Biden is barred from providing Trump with necessary clearances to sit in on certain briefings until Trump has fulfilled these requirements.

Still, Trump is slated to meet in the Oval Office on Wednesday, a routine part of the transition process that Trump did not afford Biden four years ago."

Trump Holds Up Transition Process Over Ethics Code; The New York Times, November 9, 2024

 Ken Bensinger, The New York Times; Trump Holds Up Transition Process Over Ethics Code

[Kip Currier: Incipit (It begins)...]

"President-elect Donald J. Trump has not yet submitted a legally required ethics pledge stating that he will avoid conflicts of interest and other ethical concerns while in office, raising concerns that his refusal to do so will hamper the smooth transition to power.

Mr. Trump’s transition team was required to submit the ethics plan by Oct. 1, according to the Presidential Transition Act.

While the transition team’s leadership has privately drafted an ethics code and a conflict-of-interest statement governing its staff, those documents do not include language, required under the law, that explains how Mr. Trump himself will address conflicts of interest during his presidency.

Since Mr. Trump created his transition team in August, it has refused to participate in the normal handoff process, which typically begins months before the election.

It has missed multiple deadlines for signing required agreements governing the process. That has prevented Mr. Trump’s transition team from participating in national security briefings or gaining access to federal agencies to begin the complicated work of preparing to take control of the government on Jan. 20, 2025."

The hard truth: Americans don’t trust the news media; The Washington Post, October 28, 2024

Jeff Bezos, The Washington Post; The hard truth: Americans don’t trust the news media

Jeff Bezos is the owner of The Washington Post.

"I would also like to be clear that no quid pro quo of any kind is at work here. Neither campaign nor candidate was consulted or informed at any level or in any way about this decision. It was made entirely internally. Dave Limp, the chief executive of one of my companies, Blue Origin, met with former president Donald Trump on the day of our announcement. I sighed when I found out, because I knew it would provide ammunition to those who would like to frame this as anything other than a principled decision. But the fact is, I didn’t know about the meeting beforehand. Even Limp didn’t know about it in advance; the meeting was scheduled quickly that morning. There is no connection between it and our decision on presidential endorsements, and any suggestion otherwise is false."

‘Anticipatory obedience’: newspapers’ refusal to endorse shines light on billionaire owners’ motives; The Guardian, October 26, 2024

Lois Beckett, The Guardian; ‘Anticipatory obedience’: newspapers’ refusal to endorse shines light on billionaire owners’ motives

"When two American billionaires blocked the newspapers they own from endorsing Kamala Harris this month, they tried to frame the decision as an act of civic responsibility.

“I think my fear is, if we chose either one, that it would just add to the division,” Patrick Soon-Shiong, the biotech billionaire who owns the Los Angeles Times, said. He emphasised that though some might assume his family is “ultra-progressive”, he is a registered “independent”.

At the Washington Post, which reported that its billionaire owner, Jeff Bezos, was behind the decision, publisher William Lewis described the retreat from making presidential endorsements as “a statement in support of our readers’ ability to make up their own minds”.

Veteran journalists and media critics are using a very different phrase to describe Soon-Shiong’s and Bezos’s choice: they’re saying the two billionaires, among the richest men on the entire globe, are performing “anticipatory obedience” to Donald Trump.

Yes, “cowardice” has also been a popular way to describe the choice by the billionaire owners of two of the country’s major newspapers to not to risk angering Trump by allowing their papers to endorse his opponent.

But “anticipatory obedience” is more specific. The term comes from On Tyranny, the bestselling guide to authoritarianism by Timothy Snyder, a historian of eastern and central Europe. The phrase describes, in Snyder’s words, “the major lesson of the Nazi takeover, and what was supposed to be one of the major lessons of the twentieth century: don’t hand over the power you have before you have to. Don’t protect yourself too early.” It’s a way of describing what Europeans did wrong as totalitarians came to power: by “mentally and physically conceding, you’re already giving over your power to the aspiring authoritarian”, Snyder explains."

Ex-WaPo Editor: This Is a Straight Bezos-Trump ‘Quid Pro Quo’; The Washington Post, October 27, 2024

 Lily Mae Lazarus , The Daily Beast; Ex-WaPo Editor: This Is a Straight Bezos-Trump ‘Quid Pro Quo’

"The Washington Post’s outgoing editor-at-large and longtime columnist has made explosive claims that its owner Jeff Bezos struck a deal with Donald Trump in order to kill the newspaper’s endorsement of Kamala Harris.

Robert Kagan, who resigned from his position on Friday after more than two decades at the publication, told the Daily Beast that Trump’s meeting with executives of Bezos’ Blue Origin space company the same day that the Amazonfounder killed a plan to support Harris was proof of the backroom deal."

Here’s what will happen to library executive who took Super Bowl tickets; Las Vegas Review-Journal, October 16, 2024

Jessica Hill,  Las Vegas Review-Journal; Here’s what will happen to library executive who took Super Bowl tickets

"For one year, Watson must comply with the ethics law and not be the subject of a complaint that a Commission on Ethics review panel finds sufficient cause to refer to the panel, Armstrong said.

He also said Watson must arrange and implement ethics law training for himself and all of the library district’s staff.

If Watson complies with the agreement and meets those requirements, the alleged violation will be dismissed, “and the library district will have a strong ethics foundation to build on going forward,” Armstrong said.

Ethics commissioner Teresa Lowry urged government employees not to accept tickets for the many sporting events offered in Las Vegas, from football to the National Finals Rodeo to Formula 1.

Lowry said Watson’s case is an outlier in that he relied on the advice of counsel, but it can serve as a cautionary tale for employees subject to Nevada ethics laws.

“It was wrong advice. It was bad advice, but our law looks at and gives mitigators to people who reasonably go to their counsel, and the safe harbor implications are then going to apply,” she said. “But just as a cautionary tale, as the events unfold for the remainder of this year and moving forward, if you are a public official, public employee, do not take tickets, accept gifts to these various sporting events.”"

Californians want controls on AI. Why did Gavin Newsom veto an AI safety bill?; The Guardian, October 16, 2024

Garrison Lovely, The Guardian; Californians want controls on AI. Why did Gavin Newsom veto an AI safety bill? 

"I’m writing a book on the economics and politics of AI and have analyzed years of nationwide polling on the topic. The findings are pretty consistent: people worry about risks from AI, favor regulations, and don’t trust companies to police themselves. Incredibly, these findings tend to hold true for both Republicans and Democrats.

So why would Newsom buck the popular bill?

Well, the bill was fiercely resisted by most of the AI industry, including Google, Meta and OpenAI. The US has let the industry self-regulate, and these companies desperately don’t want that to change – whatever sounds their leaders make to the contrary...

The top three names on the congressional letter – Zoe Lofgren, Anna Eshoo, and Ro Khanna – have collectively taken more than $4m in political contributions from the industry, accounting for nearly half of their lifetime top-20 contributors. Google was their biggest donor by far, with nearly $1m in total.

The death knell probably came from the former House speaker Nancy Pelosi, who published her own statement against the bill, citing the congressional letter and Li’s Fortune op-ed.

In 2021, reporters discovered that Lofgren’s daughter is a lawyer for Google, which prompted a watchdog to ask Pelosi to negotiate her recusal from antitrust oversight roles.

Who came to Lofgren’s defense? Eshoo and Khanna.

Three years later, Lofgren remains in these roles, which have helped her block efforts to rein in big tech – against the will of even her Silicon Valley constituents.

Pelosi’s 2023 financial disclosure shows that her husband owned between $16m and $80m in stocks and options in Amazon, Google, Microsoft and Nvidia...

Sunny Gandhi of the youth tech advocacy group Encode Justice, which co-sponsored the bill, told me: “When you tell the average person that tech giants are creating the most powerful tools in human history but resist simple measures to prevent catastrophic harm, their reaction isn’t just disbelief – it’s outrage. This isn’t just a policy disagreement; it’s a moral chasm between Silicon Valley and Main Street.”

Newsom just told us which of these he values more."

He Regulated Medical Devices. His Wife Represented Their Makers.; The New York Times, August 20, 2024

 Christina Jewett, The New York Times; He Regulated Medical Devices. His Wife Represented Their Makers.

"For 15 years, Dr. Jeffrey E. Shuren was the federal official charged with ensuring the safety of a vast array of medical devices including artificial knees, breast implants and Covid tests.

When he announced in July that he would be retiring from the Food and Drug Administration later this year, Dr. Robert Califf, the agency’s commissioner, praised him for overseeing the approval of more novel devices last year than ever before in the nearly half-century history of the device division.

But the admiration for Dr. Shuren is far from universal. Consumer advocates see his tenure as marred by the approval of too many devices that harmed patients and by his own close ties to the $500 billion global device industry.

One connection stood out: While Dr. Shuren regulated the booming medical device industry, his wife, Allison W. Shuren, represented the interests of device makers as the co-leader of a team of lawyers at Arnold & Porter, one of Washington’s most powerful law firms."

Justice Clarence Thomas Acknowledges He Should Have Disclosed Free Trips From Billionaire Donor; Pro Publica, June 7, 2024

Joshua Kaplan, Justin Elliott and Alex Mierjeski, Pro Publica; Justice Clarence Thomas Acknowledges He Should Have Disclosed Free Trips From Billionaire Donor

"Supreme Court Justice Clarence Thomas acknowledged for the first time in a new financial disclosure filing that he should have publicly reported two free vacations he received from billionaire Harlan Crow...

Legal ethics experts said that Thomas appeared to have violated the law by failing to disclose the trips and gifts."

Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases; The New York Times, May 29, 2024

Jamie Raskin , The New York Times; Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases

"At his Senate confirmation hearing, Chief Justice Roberts assured America that “Judges are like umpires.”

But professional baseball would never allow an umpire to continue to officiate the World Series after learning that the pennant of one of the two teams competing was flying in the front yard of the umpire’s home. Nor would an umpire be allowed to call balls and strikes in a World Series game after the umpire’s wife tried to get the official score of a prior game in the series overthrown and canceled out to benefit the losing team. If judges are like umpires, then they should be treated like umpires, not team owners, team fans or players."

Alito Ethics Defense Blown Up by Second Insurrectionist Flag; New York Magazine, May 22, 2024

Jonathan Chait, , New York Magazine; Alito Ethics Defense Blown Up by Second Insurrectionist Flag

"Now, the New York Times reports that Alito flew another flag associated with Trump’s insurrection, the “Appeal to Heaven” flag, which was carried by insurrectionists on January 6. The flag was confirmed to have flown over Alito’s beach house in July and September 2023.

Note how the old Alito defenses are totally useless in the face of this new case. It can’t be chalked up to a dispute with a neighbor, unless the same neighbor happens to own property near Alito in two different states. The wife excuse is also threadbare. (Indeed, Alito, who blamed his wife in a response to the first Times story, has no comment in response to the second one.) And the excuse that it was “a heated time in January 2021” obviously does not explain why the Alito home continued to display insurrectionist flags two and a half years later."

Ethics Panel Cautions Judge in Trump Trial Over Political Donations; The New York Times, May 17, 2024

William K. Rashbaum, Jonah E. Bromwich and Ben Protess, The New York Times ; Ethics Panel Cautions Judge in Trump Trial Over Political Donations

"A state ethics panel quietly dismissed a complaint last summer against the New York judge presiding over the criminal trial of Donald J. Trump, issuing a warning over small donations the judge had made to groups supporting Democrats, including the campaign of Joseph R. Biden Jr.

The judge, Juan M. Merchan, donated a total of $35 to the groups in 2020, including a $15 donation earmarked for the Biden campaign, and $10 to a group called “Stop Republicans.”

Political contributions of any kind are prohibited under state judicial ethics rules...

In its 2024 annual report, the commission said it was made aware of dozens of New York judges who had violated the rules against political contributions in recent years. Most were modest amounts, the report said, and many appeared to stem from the misperception that the rules only apply to state campaigns. In fact, judges are prohibited from contributing to any campaigns, including for federal office."

AI chatbot can pass national lawyer ethics exam; Reuters, November 16, 2023

Karen Sloan, Reuters ; AI chatbot can pass national lawyer ethics exam

"Popular AI chatbot GPT-4 outperforms most aspiring lawyers on the legal ethics exam required by nearly every state in order to practice law, a new study has found.

GPT-4 answered 74% of the questions correctly on a simulated Multistate Professional Responsibility Exam (MPRE), compared with an estimated 68% average among human test takers nationwide, according to a report released on Thursday by LegalOn Technologies — which sells AI software that reviews contracts...

A spokesperson for the National Conference of Bar Examiners, which develops the MPRE, said that it could not assess the LegalOn report's claims that GPT-4 can pass its ethics test.

"The legal profession is always evolving in its use of technology, and will continue to do so," said National Conference spokesperson Sophie Martin. She added that "attorneys have a unique set of skills that AI cannot currently match."...

“This research demonstrates for the first time that top-performing generative AI models can apply black-letter ethical rules as effectively as aspiring lawyers,” the study reads."

Why the Supreme Court’s wasted time on ethics may cost it; CNN, November 1, 2023

Joan Biskupic, CNN; Why the Supreme Court’s wasted time on ethics may cost it

"Supreme Court justices, who have infinite power over American lives, have continually resisted calls for greater accountability in a formal code of conduct.

Some justices recently signaled that they might be ready to adopt a binding ethics code. But their record of inaction reflects the difficulty of compromise among the nine and suggests any real change may not come at their own hand.

The delay has had consequences.

Senate Judiciary Committee Democrats plan to authorize subpoenas for three wealthy conservatives, including real estate magnate Harlan Crow, who has provided luxury travel and other gifts to Justice Clarence Thomas."

Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says; Insider, October 2, 2023

Erin Snodgrass , Insider ; Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says

"His apparent about-face on Monday suggests the increased scrutiny over his ethical conduct may be having a tangible effect on his judicial career, Scott Lemieux, a professor of political science at the University of Washington and an expert in constitutional law, told Insider.

"The fact that he didn't recuse himself in previous cases involving the 2020 election makes it hard to imagine these recent stories aren't playing a role here," he told Insider...

Regardless of his reasons, Thomas ultimately did the right thing in recusing himself from the Eastman appeal, Lemieux said.

"The justices have to be convinced if they do unethical things, it will hurt the legitimacy of the Supreme Court," he said."

Clarence Thomas Secretly Participated in Koch Network Donor Events; ProPublica, September 22, 2023

 Joshua Kaplan, Justin Elliott  Alex Mierjeski, ProPublica ; Clarence Thomas Secretly Participated in Koch Network Donor Events

"The code of conduct for the federal judiciary lays out rules designed to preserve judges’ impartiality and independence, which it calls “indispensable to justice in our society.” The code specifically prohibits both political activity and participation in fundraising. Judges are advised, for instance, not to “associate themselves” with any group “publicly identified with controversial legal, social, or political positions.”

But the code of conduct only applies to the lower courts. At the Supreme Court, justices decide what’s appropriate for themselves.

“I can’t imagine — it takes my breath away, frankly — that he would go to a Koch network event for donors,” said John E. Jones III, a retired federal judge appointed by President George W. Bush. Jones said that if he had gone to a Koch summit as a district court judge, “I’d have gotten a letter that would’ve commenced a disciplinary proceeding.”

“What you’re seeing is a slow creep toward unethical behavior. Do it if you can get away with it,” Jones said."

Ron DeSantis’ ethics chair either has to give that up or his $400,000 salary as Disney’s administrator, judge rules; Fortune, August 21, 2023

MIKE SCHNEIDER AND THE ASSOCIATED PRESS , Fortune; Ron DeSantis’ ethics chair either has to give that up or his $400,000 salary as Disney’s administrator, judge rules

"The chair of Florida’s ethics commission has an ethics problem, but it’s due to working at The Mouse rather than being a rat.

Glen Gilzean, the new administrator of Walt Disney World’s governing district, can’t continue to work in his new job and chair the Florida Commission on Ethics at the same time since Florida law prohibits public employees from serving as members on the commission, according to a legal opinion issued Thursday...

“Maintaining the public employment is inconsistent with the requirements” of being a commission member, the opinion said."