By January 2018, the Trump administration had earned the title of “most unethical administration” ever from former Bush and Obama administration ethics lawyers. Far from attempting to distance itself from the appearance of impropriety, the administration has continued to associate with unethical actors. Consider the legal and medical professionals upon which President Donald J. Trump has relied.
Each profession has its own ethical code, some more formal than others. In a number of professions—say law, or medicine—the prerogative to practice depends upon not just passing a test and obtaining a license but continuing to follow the profession’s code. Most clients and patients prefer rule-abiding attorneys and physicians. Not so with Trump.
Attorneys Michael Cohen and Rudy Giuliani have graduated from appearing shady to openly admitting unethical conduct. Cohen paid adult film star Stormy Daniels, also known as Stephanie Clifford, $130,000 as part of a nondisclosure agreement binding her from discussing an alleged affair with Trump.
Originally Cohen denied making the payment; then, it was unclear whether Trump knew about the payment. If he did, there’s a stronger case for enforcing the NDA, but also a stronger case that Trump knowingly violated campaign finance rules by accepting what amounted to a $130,000 contribution. Newly hired by Trump, Giuiani wants to split the difference: He claims that Cohen made the payment with Trump’s knowledge, but there’s no problem because Trump paid Cohen back. Thing is, it’s a very big deal for an attorney to give financial assistance to a client.
It’s not just New York bar rules: The prohibition on financial assistance to clients is part of the Model Rules of Professional Conduct.
(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.
(f) A lawyer shall not accept compensation for representing a client from one other than the client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and
(3) information relating to representation of a client is protected as required by Rule 1.6.
Every state has adopted these rules of professional conduct for attorneys, if not the comments attached to them.
Then there’s the mendacious medical duo of Dr. Harold Bornstein and Rear Admiral Ronny Jackson, former White House physician and failed Secretary of Veterans Affairs nominee. Bornstein originally claimed his bizarrely hyperbolic letter lauding Trump’s health in 2015 was simply the product of rushed drafting.
To Whom My Concern:
I have been the personal physician of Mr Donald J. Trump since 1980. His previous physician was my father, Dr Jacob Bornstein. Over the past 39 years, I am pleased to report that Mr Trump has had no significant medical problems. Mr Trump has had a recent complete medical examination that showed only positive results. Actually, his blood pressure, 110/65, and laboratory test results were astonishingly excellent.
Over the past twelve months, he has lost at least fifteen pounds, Mr Trump takes 81 mg of aspirin daily and a low dose of a statin. His PSA test score is 0.15 (very low). His physical strength and stamina are extraordinary.
Mr Trump has suffered no form of cancer, has never had a hip, knee or shoulder replacement or any other orthopaedic surgery. His only surgery was an appendectomy at age ten. His cardiovascular status is excellent. He has no history of ever using alcohol or tobacco products.
If elected, Mr Trump, I can state unequivocally, will be the healthiest individual ever elected to the presidency.
Harold N Bornstein, MD, FACG
Department of Medicine, Section of Gastroenterology
Lenox Hill Hospital, New York, NY
Now, Bornstein’s admitting he let his patient dictate the letter with minimal guidance. That’s the very definition of professional misconduct.
Bornstein may also have broken the law. Of course, neither professional nor legal repercussions are likely.
Bornstein’s actions could, theoretically, risk both state and federal blowback, [Dr. Arthur Caplan, the founding director of the Division of Medical Ethics at the NYU Langone Medical Center in New York and one of the nation’s most prominent bioethicists] said—although he doesn’t think anything stronger than an official censure or warning is likely. “He talked about Trump’s medications publicly. That’s a big no-no with both ethical and legal implications under HIPAA,” Caplan explained, referencing the federal medical data privacy law. But, he admitted, things aren’t likely to go that far since Trump would have to make a HIPAA violation claim. “Short of rape, murder, or drug dealing, it’s hard to lose a license.”
Contrast Bornstein with Jackson, whose professional misdeeds came to light after he was nominated to take over Veterans Affairs. Senate inquiries and interviews with 23 of Jackson’s current and former colleagues yielded copious reports of unethical, unprofessional and outright illegal behavior.
“Jackson was described as ‘the most unethical person I have ever worked with,’ ‘flat-out unethical,’ ‘explosive,’ ‘100 percent bad temper,’ ‘toxic,’ ‘abusive,’ ‘volatile,’ ‘incapable of not losing his temper,’ ‘the worst officer I have ever served with,’ ‘despicable,’ ‘dishonest,’ as having ‘screaming tantrums’ and “screaming fits,’ as someone who would ‘lose his mind over small things,’ ‘vindictive,’ ‘belittling,’ ‘the worse [sic] leader I’ve ever worked for.’”
Where traditional administrations seek out the candidates with the highest ethical standards, the Trump administration leans toward those without ethics at all.