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David Coleman

David Coleman

Posted: September 15, 2010 12:54 PM

Meg Whitman, the former eBay empress, is the Republican candidate running for governor of California. We can only assume that she wants that office so she can provide a public service for the citizens of California. Surely, then, it is reasonable to look back at her history of fulfilling public obligations as a California citizen. In doing so we can measure whether her current commitment to public service matches her record of participation in some public spheres of citizenship in the Golden State.

Jury service

This week new insight into her attitudes toward public service emerged. Whitman was summoned as a potential juror for a child molestation prosecution in the Superior Court of San Mateo county, the county where she maintains a home in the toney Bay Area suburb of Atherton. The case was People v. Tarquin Craig Thomas. Thomas, a 44-year-old British citizen, is accused of molesting three young boys.

When called into the jury box for voir dire examination as a prospective juror Whitman virtually invited her own challenge:

...Republican Meg Whitman was dismissed as a potential juror in a San Mateo County child-molestation case. Earlier in the day, while being questioned, Whitman told attorneys she would serve if selected but acknowledged this is 'not a good time for me to give 100 percent.'

Not surprisingly, Whitman's declaration of her future attention deficit produced a quick "thank you and you are excused," the result she sought. Any prosecutor, defense attorney or judge would quickly dismiss a prospective juror who asserted that she could not give her full attention and energy to serving on the jury. If a working class prospective juror made such an assertion about an inability to focus on the case for personal reasons, it might not be deemed contemptuous -- but it could surely draw a chastising admonition and "how dare you" lecture from some judges.

In the big picture, the Thomas criminal jury trial sought, on the one hand, to vindicate the interests of all the "people of the state of California" in protecting three young alleged victims of child molestation. On the other hand, a juror may also perform a public service of great importance for a defendant like Mr. Thomas, should he be wrongfully accused of a crime.

By prompting her excusal from the public service of being a juror, Whitman ducked out of participation in the judicial process in which all the citizens of California have an interest. One can only wonder what the defendant or families of any of the victims in the courtroom thought about the importance of Whitman's campaign schedule when compared to the importance to the community of the trial that was about to commence.

Whitman's transparently engineered "pass" on jury service provides a compelling point of contrast with her opponent, former Governor Jerry Brown. Whitman has spent tens of millions on political commercials hammering Brown with accusations about various "failures" in his lengthy political life and various elective offices.

But there is one small historical public service in former Governor Brown's heyday I doubt we will see referenced in Whitman's television ads: the day in 1981 when, as the sitting governor of the largest state of the union, Jerry Brown reported to a courtroom for jury service. Unlike Whitman professing an incapacity to serve (due to her campaign to become governor), Brown, who was governor, sat on the jury and even served as the jury's foreperson!

Certainly it can be debated whether high political officeholders should serve in courtrooms as jurors during their term in office. The public may view such service as a demonstration of the principle that "no man" is above the law. In professing our commitment to the rule of law for everyone in our justice system, there is an attendant obligation on everyone to serve (when selected) in its administration. And, it is important that all citizens bear the same risk of having to interrupt their busy schedules of work and family when their name is called by the courtroom clerk.

Back in 1981 some observers may have thought Jerry Brown's service as a juror in a trial seemed like a bit of public grandstanding by the quirky and youthful governor who relished using a "common man" Plymouth state car and invited reporters to the sparsely furnished apartment he chose over living in the governor's mansion. Maybe it was just cloth coat showmanship by Jerry Brown.

But, in retrospect, a busy governor who journeyed to a county courthouse to sit and await his possible selection from the jury wheel -- like any other citizen called to assist the justice system in which we all have a stake -- seems like a symbolic gesture of political equality with the citizens who elected him that was well worth making. Meg Whitman apparently is not interested in making such a gesture.

Justice administered by public or private judges

When it comes to embracing the public judicial processes designed to determine whether wrongs have been committed against others, this was not the first time Whitman sought to avoid involvement. Based on an incident in her past (revealed a few months ago during the primary campaign), one would think that Whitman might be particularly sensitive to society's interest in fair legal adjudications when a person is accused of assaultive wrongdoing.

In such situations there needs to be an inquiry into the truth of the accusation. And if the allegation is admitted or found to be true, there may be a need for public input about the penalty to be paid or any recompense owed by the transgressing offender. This should be recognized by Ms. Whitman of all people since, you see, she has been the target of such an accusation of wrongdoing.

While presiding over her eBay empire, an employee approached Whitman with some work information that displeased Whitman. Whitman reportedly responded by physically assaulting the employee. Whitman's conduct -- instead of being alleged as the crime of assault or battery as might happen to ordinary people outside the office suites of eBay -- was the subject of a "civil" lawsuit instead of a criminal case.

Had her attorneys not arranged for mediation by a private judge, Whitman's conduct toward the employee in the incident could have been a part of a civil lawsuit in a San Mateo county courtroom. Lawsuits between litigants who cannot afford private judges might be tried before a jury like the one for which Whitman's services were sought.

The employee, Young Mi Kim, was preparing Ms. Whitman for a news media interview that day. Ms. Kim, who was not injured in the incident, hired a lawyer and threatened a lawsuit, but the dispute was resolved under the supervision of a private mediator.

Two of the former employees said the company paid a six-figure financial settlement to Ms. Kim, which one of them characterized as "around $200,000." An agreement to keep the matter confidential was also part of the settlement, and the authorities were not involved.

People without the means of Meg Whitman to channel their legal disputes into a private system frequently suffer the indignity that the "authorities... are involved."

Meg Whitman, like any California citizen, should not break laws or workplace rules (even in her executive suite). But under pressure such things happen. The point is not the distemper shown by the incident. The point is that when such a misdeed was alleged against Whitman, she used her wealth and attorneys to insure that the public justice system -- which utilizes juries and elected judges -- played no role in the resolution of legal proceedings conducted secretly behind closed doors.

California voters can all wonder whether, if elected, Whitman will have more confidence in our state's public judicial system than she had when her own behavior and treasure might have been on trial.

Too busy to vote

None of Whitman's reluctance about personal involvement in California's judicial processes might have much resonance were it not for another instance of her lack of personal commitment to California public life in a way that has been well documented: Whitman did not vote for many years. As published in the Sacramento Bee:

'How bad is Meg Whitman's voting record?' In Whitman's own words: 'Atrocious.' A Bee review found Whitman for years regularly skipped elections in California and several other states where she lived and worked before deciding to run for governor.

On this score, of course, she is no different from Carly Fiorina, the other high profile businesswoman running for statewide office (the U.S. Senate seat held by incumbent Barbara Boxer). Millions of Californians, who they seek to represent, have found the time to vote throughout their lives. However, as aspiring leaders in the business world neither of the two statewide Republican standard bearers could take a few moments from their busy day to go to a polling place or fill out an absentee ballot for mailing. But now, having shown little interest during their money making careers in the "public service" of voting to select our political leaders, they profess their newly found commitment to public service as one of those leaders.

What Whitman's personal choices reveal about her worldview

Whitman does not appear to share the belief that a political leader should share in some kind of kinship of sacrifice with the voters. Whitman's "non-voting" record, as well as her avoidance of other public aspects of life such as jury duty, demonstrate that none of these failures to participate are momentary MIA lapses. Instead they demonstrate a solipsistic absorption in her own drive to succeed and a deep seated indifference to any public service that she believes is beneath her station in life.

Leona Helmsley famously noted that only the "little people pay taxes." Whitman, it would seem, shares that Helmsley world view when it comes to similar public obligations of citizenship like serving on juries and voting.

After Whitman obtained her excuse from having to serve as a juror, fortunately -- for the people of the state who want to see state laws protecting children from child molesters enforced in courtrooms that require jurors for their function -- there were still some "little people" left in the venire from which a jury could be empanelled.

For a number of days in the coming weeks, one of those "little people" will sit in silence in the jury box (in the seat that might have been Whitman's) listening to the evidence. That juror will be doing so during days of absence from her workplace: or, if she works at home, after patching together a network of relatives and neighbors to care for her children or elderly parents as she reports to the courtroom each day. That little person -- who replaced Whitman in the jury box - will be performing the public service candidate Whitman was too distracted, she avowed, to perform. For the juror left behind to serve in Whitman's place, it too will have been "not a good time for me to give 100 percent" as Whitman complained.

But there will soon come a November Tuesday morning when all California voters -- not unlike the juror who had to occupy the seat Whitman avoided this week -- will have a chance to decide whether to elect Whitman governor. When that moment comes, perhaps the voters will decide that a history of committed participation versus studied indifference toward the obligations of citizenship in California should be a factor in their decision about how to cast a vote.

This article was originally published on truthdig.com on September 9, 2010.

 
Meg Whitman, the former eBay empress, is the Republican candidate running for governor of California. We can only assume that she wants that office so she can provide a public service for the citizen...
Meg Whitman, the former eBay empress, is the Republican candidate running for governor of California. We can only assume that she wants that office so she can provide a public service for the citizen...
 
 
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HUFFPOST SUPER USER
MSMSucksCom
Sadly, my bio fits in this space.
05:23 PM on 09/27/2010
I am assuming that as we get closer to election day Jerry will bring out Meg's real record at eBay.

Anyone could have increased eBay's business when it was the biggest thing to hit the Net. So her taking credit for eBay's growth is disingenuous since eBay was more on "auto pilot."

When the economy soured and eBay needed real management to maintain its successes, that's when Meg failed. eBay's stock went down to about $15 a share, compared to back in 1999 when it was the hottest stock offered (I remember those days, when everyone wanted to get in on the eBay stock express train to riches).

What really happened in later years is that Meg was asked to leave, just like Fiorina was fired from HP.

Having watched Meg closely, including her private life of never voting, I'm telling you she was and remains an all around bad person.

This is most recently indicated by her willingness to pump $150 million of her own money into winning. If that does not show a flawed mind, I don't know what does.

Thankfully, Californians are getting it because even though she has "slandered" Jerry Brown with her millions, her lead has diminished and Jerry's in the lead.

Look out Jerry, now she will really get dirty. (IMHO it won't matter since people remember Brown from his first stint as governor. He was a better governor than Meg would ever hope to be.)
06:46 PM on 09/27/2010
Ebay is nothing but an online Flea Market. She moved all of the customer service to India and sometimes we were charged a fee (hello). Jerry Brown was a good Governor who united Californians. We bought our first house under Governor Brown, and the educational system was better than it has been since. I just do not believe anything that comes out of Whitman or Fiorina's mouths.
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Sean777
04:56 PM on 09/27/2010
Meg Whitman and Carly Fiorina are the lobbyist candidates ever!!!! Besides her connection to Goldman Sachs, Meg Whitman’s Agenda to govern California shares the same philosophy of Enron CEO Jeffrey Keith, which is: “survival of the finest”, she only wants top predators like her to succeed and the rest of Californians to perish while they feed on us. Whitman and Fiorina will plot throughout de-regularization to oppress Californians the same way their co-alma-matter Jeffrey Keith plotted to keep the price of electricity high during the California’s energy crisis using the same polices of former president George W. Bush. Why people forgot that the economic recession started when Americans lost their expenditure capacity as the Bush administration allowed gas prices to rise up to $5 per gallon in less than 6 months that’s the risk that our financial system couldn’t take and put our capitalist engine to stall with uncertainty because nobody could prevent and the reasons why we suffered such gas price increases while Bush and Cheney got billions out of their petroleum empires are unknown until this day. Now how Californians can trust candidates endorsed by Dick Cheney, ties with Goldman Sachs and Enron mind-sets.
Enron- The Smartest Guys in the Room 01of10 – 2005
http://www.youtube.com/watch?v=o5clNtt7PgM&feature=related
Enron- The Smartest Guys in the Room 04of10 – 2005
http://www.youtube.com/watch?v=Ood7aAB4cek&feature=related
Enron de-regularization of electricity in California
http://www.youtube.com/watch?v=q1fFivb5qFs
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nualak
03:58 PM on 09/27/2010
The "little people" of California will no doubt thank you Meg for leaving a space for one of them to do their civic duty. Maybe Meg would like to spend a week following a jury member around as he/she gets out of bed at 5/6 a.m., walks to a bus stop in the heat or rain and no doubt has to transfer once or twice in their journey to the Federal Building. Then sit in a courtroom all day listening to some really horrific testimony, have a silent lunch, not being able to discuss the case and at the end of the day, get on an overcrowded sweltering bus and get home to your family at 6/7 at night, all for the sum of $15 per day, if you are lucky. Most employers, unless it is a government job, do not pay for jury duty, so if you have to spend weeks on a murder case with no pay, you would feel like you had fulfilled your duty to the people of California. I have a friend who spent two week's on jury duty while 6 month's pregnant. She obviously didn't get excused for ANY reason, but then again she was just a working Mom, not the CEO of a company with a nest egg of a billion dollars.
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medic628
03:00 PM on 09/19/2010
Meg cares for Meg and Farina cares for Farina. Really there is know difference with the Arnold and the current state legislature. You have people who have not be paid that have provided goods and services to the state. There are regional centers who take care of the mentally and physically will be out of money in October. Whether they are in or out of office, the people do not matter. It is only what they can get out of the situation that matters the them.
08:11 PM on 09/17/2010
Both Meg Whitman and Carly Fiorina considered it below their status to either vote in elections or go for jury duty. And they want my vote? These CEO's became rich by cashing their bonus checks that they "earned" by firing hard working Americans.And they want me to believe that they are Americans? Come on.These two women are nothing more than a couple of bloodsucking leeches who do not deserve to represent real Americans.
08:25 PM on 09/17/2010
Couldn't agree more!
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PoliSci2008
Independent
09:48 PM on 09/18/2010
2nd that motion! Whitman wont be getting my vote, either.

And I'm not happy w/ Jerry Brown, either, so that says a lot.

It's the worst of the two.
06:48 PM on 09/27/2010
You got that right, I do not agree with some of Brown's stances, but of the two he is the most qualified. My hope is that some day we can get a larger pool to choose from.
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Gnostic Priest
08:26 AM on 09/16/2010
UNIONS have made jokes about Meg Whitman for months .
WHY ?
UNIONS have spent tens of millions calling Meg Whitman names for months.
WHY ?
INTERNATIONAL UNIONS are attacking Meg Whitman. WHY ?
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RyanCSmith
Locke for people, Hobbes for corporations
11:29 AM on 09/16/2010
Maybe because she has no idea what she is doing and would be a train wreck for the state of California. Her business record is nothing I'd want to tout as an example of leadership experience, she lost eBay revenue and stock value while in charge and outsourced most of the jobs. Hardly what I would call leadership material.
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nualak
04:03 PM on 09/27/2010
One of her ads that you hear every five minutes on radio says she created hundreds, or was it thousands of job's after going to work for eBay. I wonder where exactly those jobs are. Now, let me see. What kind of jobs could they be. Warehouse - low pay, phone operators - India, making money - that's an easy one, it's got to be Meg.
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01:52 AM on 09/17/2010
Unions gave all the working people of the developed nations things like the 40-hour workweek, paid vacations, maternity leave, overtime pay, enforceable safety regulations, paid sick days , and health care as a "benefit."

UNIONS gave us all a viable middle class.

MANY good men paid for these gifts with their lives so that HUNDREDS OF MILLIONS of lives could be better.

WHO would dishonor them as you do - and why?
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planetmondo
Christian, Musician, Scientist, Citizen
04:58 AM on 09/16/2010
Great article ! Meg Whitman is truly an awful person.She has no sense of civic duty.None whatsoever.
11:56 AM on 09/16/2010
Interesting how trolls find truth abusive.
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Scott Zwartz
04:02 PM on 09/15/2010
Jury excuse: Balderdash! Most judges follow up with the inane question, "Can you be fair?" This question can follow statements like, "All chiropractors are quacks" when the treating doctor is a chiro. Or, another one by an elder Japanese gentlemen who asserted, "I was in a car accident once and I didn't ask any one to pay my medical bill." Or "I work as an insurance claims adjuster."

Or there's the judge who stated after a number of trials. "My daughter is an executive with WalMart, but I can still be fair so I don't tell anyone when I get a slip 'n fall WalMart case."

Mega Bucks is doing what all wealthy people do -- play by a set of rules that range from unethical to unlawful.
02:41 PM on 09/15/2010
What a perfect comparison! It's ALL about Meg. She could care less about the "people of California." Thanks for a terrific article.
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Gnostic Priest
08:32 AM on 09/16/2010
Jerry Brown's Monica Lewinsky jokes last weekend fits the
INTERNATIONAL UNION's MO
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RyanCSmith
Locke for people, Hobbes for corporations
11:30 AM on 09/16/2010
Funny how you fuss over international unions but aren't saying squat about Meg Whitman's ties to multinational corporations that wrecked the economy.
06:56 PM on 09/27/2010
I support unions, and when they make a mistake, the rank and file should call them to task. The reason for unions is that workers were given no rights. If the Administrators were not so corrupt we would not need unions. Look at what is going on in India, China, and Mexico, with workers being exploited. My son is a member of the Carpenters Union, and worked on bridges. Whenever there was a dispute his union rep came in and settled it on his behalf. In one incident, he was told to do something that he thought was dangerous, and the union rep protected him. The Bridge he worked on hired non union workers and two of them fell off, because they did not have the proper equipment. The unions are necessary and the only protection that we have against unscrupulous Corporate interests.
Javalation
Laughing in a Daydream
02:38 PM on 09/15/2010
Her quest for office appears to be an extension of her quest for power and status. How else can her already spending over twice what the last governor spent in his entire campaign be explained, in light of her never holding another public service office, or jury duty or even voting. Do the voters of California really want someone on an ego trip to be governor?