Month: May 2017

Five Reasons Why This Was President Trump’s Dumbest Tweet Yet

/ Jack Marshall / 81 Comments

(I’m not counting the impulsive re-tweets from white supremacist and anti-Semitic sources.)

1. All tweets from a President of the United States who lacks rhetorical skills, common sense and self-restraint are unprofessional and self-destructive. That’s the foundation.

2. Ex-FBI director Comey isn’t the President’s enemy. Comey has acted, for the most part, with fairness and grace since being sacked. It is absurd to keep attacking him.

3. Threatening private citizens—which is what Comey is now— from the White House is ugly, unseemly, an abuse of power and only harms Trump. He fired Comey from a job he obviously wanted and loved. Isn’t that enough? This appears to be gratuitous harassment and petty nastiness…and appears that way because it is.

4. Tapes? TAPES? Trump mentions secret tapes while his foes and the news media is trying to make tortured comparisons to Watergate?

KABOOM!

This is signature significance for idiocy, or a death wish, or terminal jerkism, or something. TAPES????

5. “When in a hole, stop digging.” How can a man be successful in business and public life and not have learned this basic principle?

Reluctant Additional Ethics Notes On A Manufactured “Crisis”: The Comey Firing Freakout

/ Jack Marshall / 90 Comments

1. When this ridiculous episode is recounted in history books, if it is, it will only be as an example of how the news media worked in tandem with Democrats to undermine the President of the United States, and deeply wounded American democracy and the public trust as a result. I suppose if it is recounted, it will either be as one of the many factors that led Americans to express disgust for both the news media and the Democratic party, forcing the first to shape up and the latter to re-invent itself, or, under the worst case scenario, to explain how the United States lost its Constitutional government.

2. A President of the United States fired an FBI director who deserved to be fired, and everything else is political warfare and public disinformation. A President firing someone he had the power to fire and that most Americans rightly believed should be fired cannot be a scandal, a crisis, or anything else worthy of the hysterical coverage this story has received. The coverage of the story is the antithesis of the journalism ethics tenet that journalists cover stories but do not create them.

3. President (and candidate) Trump is certainly at fault for handing his enemies sticks to beat him with. I put this is exactly the same category with a voluptuous woman walking into a bar full of drunken, rowdy men and doing a provocative dance to the jukebox as they hoot and drool. She should be safe, but she isn’t, and she should know that she isn’t. The drunken dogs should be trustworthy not to sexually assault her, but they aren’t,   When she ends up like Jodie Foster in “The Accused,” it is her sexual assailants who are guilty, but it is not blaming the victim to ask, “What the hell were you thinking?”

4. Of course, as has been proven at nauseating length here and elsewhere, President Trump does not think, at least in the professional sense of the word. It was stupid to throw out compliments to Vladimir Putin. It was stupid to make defensive-sounding comments about the Russian hacks because he didn’t want to admit that any factors led to his election other than his essential brilliance. One  indication that there are no sinister connections between Trump and Russia is that if there were, it would be mind-numbingly moronic for Trump to do anything but show hostility to the country and its leaders. It is only slightly less moronic for him to say these things when he has nothing to hide regarding “Russian ties.”

[An aside: a recent commenter on another thread repeated the oft-cited nonsense that Trump must be smart (like he says) because he has an IQ of 160. If Donald Trump scored 160 on an IQ test, then IQ tests should be thrown out and never used again. However, that claim is imaginary. (IQ tests don’t prove you are “smart,” either, but that’s a different issue.) A researcher once estimated Trump’s IQ based on his admission to Wharton and the gross average IQ of Wharton grads, which is itself a phony number. Then this  (incompetently) estimated figure was used by other hacks in some of those “Who was the smartest President?” articles, which estimate the IQs of the Presidents using the same kind of bad reasoning as the process that arrived at the figure for Trump (it was 156, not 160). In truth, nobody knows what Trump’s IQ is. Everybody knows, however, or should, that he does and says an astounding number of dumb things, many of which mostly have the effect of harming him, or his ability to do his job.] Continue reading →

We Now Have Definitive Proof That Hillary Clinton Was Engaged In Blatant, Illegal Influence Peddling

/ Jack Marshall / 36 Comments

The Office of Bangladesh Prime Minister Sheikh Hasina has confirmed that Hillary Clinton, while Secretary of State,  made a personal call in March 2011 to  pressure—my sourcesays says “demand”—that Bangladesh’s prime minister  restore Dr. Muhammed Yunus, a 2006 Nobel Peace prize winner, to his previous position  as chairman of the country’s most prominent microcredit bank, Grameen Bank.  The bank’s nonprofit, Grameen America, which Yunus chairs, had donated between $100,000 and $250,000 to the Clinton Global Initiative. (Gee, I wonder why.) 

There is a recent video of Hasina explaining this episode to her Parliament.

To be clear, it was illegal for Hillary Clinton to use her position and influence with the U.S. government to assist any donor to  her spouse’s charitable foundation, and if you really think it was just her spouse’s, I have a perpetual motion machine for sale that you might like. She also knew it was illegal. Federal ethics laws require government officials to recuse themselves from matters that have an impact on their family’s business. 

Federal laws prohibit bribes, too.

Yunus had been disqualified from serving in the position, but had illegally served anyway, and collected a salary,  for a decade past the statutory limit. After complaints were filed, he was terminated by order of the high Bangladesh court. So not only was Clinton delivering a political favor bought and paid for by a Clinton Foundation “donation,” she was asking the Prime Minister to break her own nation’s laws.

This is real, stinky, high-level, low-class corruption. There is no other way to describe it. Clinton was using her position with the U.S. government for personal profit, and abusing the public trust by doing the bidding of foreign nationals in exchange for cash. Moreover, you know and I know that this could not have been some weird one-off aberration due to Hillary’s interest in Bangladesh. If she did this once there, she did it in other instances. I cannot emphasize enough how serious conduct it is. It is as unethical, venal and dirty as public service gets.

This was your candidate, Democrats. This was your champion, feminists. This was your standard-bearer, liberals. This is the woman whose defeat has sent you into the maw of madness, progressives. Now what?

Hillary Clinton was unfit to serve by virtue of her conduct and her character; I said so for many months, and this is smoking gun evidence. I will be watching to see who among her supporters and cheering section has the integrity to admit it.

I admit: the story shocks even me.

Let’s see if the revelation by the Prime Minister makes the headlines in the news shows, the Times and the Post. Let’s see how the Clinton machine tries to spin it.

You know they will.

 

“Cockholster” Update: Still Unethical, Not Illegal

/ Jack Marshall / 12 Comments

Or to put it another way, Stephen Colbert’s ugly, vulgar and uncivil slur against President Trump may have been unfunny, biased, demeaning to the audience and the network (CBS), and corrosive to political discourse and the culture—it was all of these—but he didn’t violate any regulations or laws.

Yes, it’s always legal to be smug, pandering, hypocritical jerk.

The FCC spokesman confirmed the commission was not launching an investigation regarding the episode in which Colbert broke new ground in gutter language on network TV.For one thing, the “Late Show With Stephen Colbert”  is exempt from the FCC’s policies on profanity and indecency because its indecent rules only apply to TV and radio shows airing between 10 p.m. and 6 a.m.,  when children are supposedly not in the audience.

That would not save Colbert if his words were judged legally obscene (and thus not protected speech), but Colbert’s comments would not be found obscene under established court standards. Concludes Constitutional law expert (and Supreme Court appointee-in-waiting) Eugene Volokh:
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UPDATE: More Ethics Notes On The Comey Firing Meltdown

/ Jack Marshall / 168 Comments

In this matter, at least, President Johnson was right…

1. In 1867, the Radical Republican dominated Congress passed The Tenure of Office Act, an unconstitutional breach of the Separation of Powers that took away the President’s ability to fire his own Cabinet members without the legislature’s approval. President Andrew Johnson, extremely unpopular in the victorious North and more so with his own party (Johnson was a Democrat, added to Lincoln’s ticket as Vice-President to bolster Lincoln’s desperate bid for re-election in 1864), deliberately defied the law by firing War Secretary Edwin Stanton, a Lincoln appointee and an ally of the Radicals. In response, Johnson’ own party led a n effort to impeach him, and he was narrowly saved from conviction by a single vote in the Senate. The Act was soon ruled unconstitutional, as Johnson said it was. As lousy a President as he was, Johnson had every right to fire someone who served at his pleasure, and doing so was not an impeachable offense.

2. The Democrats and journalists who are—absurdly, irresponsibly, embarrassingly, hysterically—calling for President Trump’s impeachment for firing James Comey neither know their history  nor respect democracy. Just check off the names of anyone, including your friends and colleagues, who make this argument, as hopeless, deranged partitions without perspective or integrity. I’m making my own list, with early entries like Maxine Waters and Vox, which beclowned itself by writing that a President’s lawful firing of a subordinate who clearly deserved it raises the  possibility of impeachment. At least the Radical Republicans had an unconstitutional law to back that theory: Vox has nothing but, of course, the Left’s hate campaign against the President of the United States. Then there are Reps. Ruben Gallego (D-AZ) and Mark Pocan (D-WI)  who also think a firing for cause is grounds for impeachment. Gallego:

“We are certainly moving down that path. There is a lot of runway until we get there, but the president is not helping himself by firing the person investigating him. … We don’t have the numbers to do something right now, but when it comes to a point when we feel there is no other recourse, you’d have — I think — we’d have the full support of the Democratic caucus.”

Pocan said that impeachment might be possible “if there was obstruction of justice by firing [the] FBI director … We’re seeing Democrats and Republicans concerned with timing of this decision … We would first need a majority in Congress or some Republican votes … but we need to keep every tool available to make sure the President follows the law.”

Ethics alarm: who elects idiots like these? I have searched for any situation, anywhere, in which a legal and justifiable firing of an official was prosecuted as “obstruction of justice.”  Nor is an act that is neither a crime, nor a “high crime or misdemeanor,” nor something a President isn’t clearly empowered to do “moving down” the path of impeachment.

3. This is public disinformation, aided and abetted by the news media. The primary ethics issue in the Comey firing is that it is just another stage of an unethical, dastardly effort by Democrats, progressives, the left-leaning news media and their allies to veto a Presidential election that they lost by their collective arrogance and incompetence, and to undermine the United States’ elected leader no matter what harm comes to the nation as a result. The firing itself was legal, ethical, and responsible, indeed overdue. Representing it as otherwise is designed to cause fear and confusion among the public. Responsible citizens are obligated to counter this in any way they can. Continue reading →

Aaron Hernandez And The Weird Legal Doctrine Of Abatement Ab Initio

/ Jack Marshall / 7 Comments

The predator priest, the corrupt CEO, and the murderous Patriot, all innocent because they’re dead….

Massachusetts judge Judge E. Susan Garsh ruled that the state’s law required her to vacate the 2015 murder conviction of former New England Patriots star Aaron Hernandez. Because Hernandez’s appeal was pending when he committed suicide in his cell, she said,  the common law doctrine known as abatement ab initio applied: a defendant’s death before an appeal erases his conviction. Prosecutors argued that Hernandez’s purpose in hanging himself on April 19 was to to void his conviction, but Judge Garsh responded that she was bound to follow state law anyway, especially since Hernandez’s motives were unknown. She had presided at the trial in which a jury found Hernandez  guilty beyond a reasonable doubt of the murder of semi-professional football player Odin Lloyd.

The fact that some legal and ethical puzzles have proven unsolvable despite troubling lawyers, judges, legislators and scholars for decades (and sometimes centuries) is one of the best proofs I know for The Ethics Incompleteness Principle, which holds that no rule or principle makes sense in all circumstances, and that human beings are incapable of articulating perfect laws and rules that will work as intended in every case. Abatement ab initio is a classic example.

Abatement is the dismissal or discontinuance of a legal proceeding “for a reason unrelated to the merits of the claim.” It is available in both a civil and  criminal context. Traditionally, the death of a criminal defendant following conviction  but before an appeal can be made mandates abatement. The effect of  the doctrine is to discontinue all proceedings  and to dismiss the appeal as moot, overturn the conviction, and dismiss the indictment. The deceased defendant reverts back to his status before being charged. In the eyes of the law, he is innocent…again. Continue reading →

Bulletin To The Government And Its Indoctrination Centers: Children Have a Right To Like Whatever They Choose

/ Jack Marshall / 139 Comments

In California, that land of the not-so-free and home of the submissive, four high school students were suspended for  “liking” Instagram posts that the school administrators deemed racist. Now they have sued the school.

Good.

This has to stop.

The students, three of them Asian, were suspended after school officials were informed that they had “liked” or briefly commented on Instagram posts that included an image of a black doll juxtaposed with a KKK member, a torch and a noose, and photographs of other students at the school with jokes about their weight and appearance. Let us settle this right now: it doesn’t matter if the images and posts “liked’ advocated incest, cannibalism or Republicans. It is not the school’s role to punish students for thought crimes. This was not a school website, and the posts did not take place on school grounds. This is Big Brotherism, and the fact that the students involved need to be guided and taught does not mean crushing them under the iron boot of the state was appropriate or responsible.

Albany High School explained it was merely trying to provide “an inclusive and respectful learning environment for all of our students.” Translation: We want all our students to absorb our politically correct,  mandated beliefs, and there is no escaping our power.

Students have a right to express their own views, however misguided, in their private lives. Students have a right to hold views San Francisco progressives find offensive. If the school can punish students for “liking” a racist image, it can, and I assume will, eventually punish students who like President Trump. Or Ethics Alarms. Or Ayn Rand. Or veal. Continue reading →

Comment Of The Day (The Post Doesn’t Matter…)

/ Jack Marshall / 34 Comments

This, from a never to be heard from again commenter named “Angel Sues::

“this dumb stuff is lies… what next is the going to be a bird in my ice cream

Welcome to my world.

Unlike the many obscene, insulting, barely coherent comments I get, read and discard every day, this one haunts me. What the hell could it possibly mean?

Translations would be greatly appreciated.

Thank You.

 

More Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 88 Comments

It’s all this guy’s fault…

I have read the initial comments on the original post-–which I interrupted my viewing of a Red Sox game to write, just so you know how dedicated I am—had some additional thoughts and processed some new data. Here are some more observations:

1. The New York Times biased reporting is even worse than I thought. Today’s print edition has a “Saturday Night Massacre” size headline screaming:

TRUMP FIRES COMEY AMID RUSSIA INQUIRY

This is deceit, and, as I noted before, yellow journalism. It is technically accurate, but misleading and false anyway. Trump also fired Comey in May,  “amid” the North Korea crisis, and while the Orioles were playing the Nationals. There is absolutely no evidence whatsoever that Comey’s firing had anything to do with the Russia investigation except this: Comey thoroughly botched the last major investigation the FBI was engaged in.

The Times goes further, adding another above the fold story headlined, “The President Lands a Punch, and Many Hear Echoes of Watergate.” Ah, the old “many say/many hear/many think” ploy—an unethical journalism classic. Let’s seed the unfair suspicion without taking responsibility for it! Hey, we didn’t say we thought that, just that others do!

2. Many have noted that President Hillary would have fired Comey within seconds of taking office, or as close to that as possible. This is doubtlessly true. It is also true that Republicans would probably be attacking her with as much fury and blatant hypocrisy as Democrats are attacking the firing now.

But doing something unethical in an alternate universe is still not as damning is doing it in this one.

3. I have been working on a “100 Days” overview of the ethics score since President Trump took office. In general, it is both remarkable and disturbing how closely the President’s actual performance tracks with my expectations, as explained over the last two years. One aspect of this mostly negative assessment that is undeniably positive, however is that President Trump, unlike his predecessor, does not fear making decisions, and makes them despite the amount of criticism he knows will be coming, especially from the news media. (The previous President knew that he had nothing to fear from the news media, since it was invested in making him seem successful and wise even when he wasn’t.)

The firing of Comey is a perfect example, as was the decision to enforce, belatedly, Obama’s “red line” in Syria.

4. Nowhere near enough focus has landed on Rod Rosenstein (left) , the  deputy attorney general who was only confirmed a couple of weeks ago ( April 25, 2017). Rosenstein is an impressive lawyer with a long, distinguished  record in both Democratic and Republican administrations, and authored  the  “Memorandum to the Attorney General” on the subject of “Restoring Public Confidence in the FBI.” This articulates the best reasons for firing Comey, and any critic who argues that it made sense to keep him on is tasked with rebutting Rosenstein’s brief. Good luck with that.
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Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 199 Comments

President Trump on Tuesday fired the director of the FBI, James B. Comey today. Rod Rosenstein, the new deputy AG who replaced Sally Yates, prepared a memo that recommended the firing, and Attorney General Jeff Sessions concurred.

Ethics Observations:

1. Here’s how the New York Times described the firing in its story’s opening sentence:

President Trump on Tuesday fired the director of the F.B.I., James B. Comey, abruptly terminating the law enforcement official leading a wide-ranging criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election.

That’s pretty despicable, and as blatant an example of intentional negative spin as you are likely to see, even from the Times. There were so many justifications for firing Comey that the mind boggles. Attaching the act to the one elicit reason for firing Comey is just yellow journalism, and nothing but. The Times is really a shameless partisan organ now.

2. Should Comey have been fired? Of course. He didn’t have to be fired, but to say that at this point he was not trusted by either political party and was widely viewed as incompetent would be an understatement  The fact that his testimony before Congress last week was not only riddled with errors, but riddled with errors that made headlines, was reason enough to fire him.

From the Washington Post:
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