I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART I]

I was just lying awake with a dismal headache, as  “Iolanthe’s” Lord Chancellor memorably sung, when it suddenly came to me, like a bolt from Olympus.  I realized what it was that the unethical impeachment-rattling strategy of Nancy Pelosi and the Democrats reminded me of. It’s the same trick Saddam Hussein attempted regarding his elusive “Weapons of Mass Destruction” charade.

If you recall, Hussein tried to pull off a dangerous bluff. Having removed, shipped away to allies, or destroyed all of his WMDs to avoid the Gulf War against him resuming (it was only a cease fire, remember, with conditions that were supposed to be enforced by U.N. members), he flamboyantly behaved as if he still had them. The despot refused to allow the full inspections that the cease fire deal required, and also interfered with air surveillance. These were flagrant violations of the cease fire, but Saddam was certain that he could forestall any military action because the U.N. leadership, and notably Russia and France as well, were profiting from bribes and under-the-table deals to help Hussein get around U.N. sanctions, enriching both him and them while the Iraqi people suffered. His corrupt pals assured him that they were capable of keeping the United States at bay.

Why was Hussein playing this dangerous game? As he explained to his captors after his government was overthrown, he was bluffing to keep Iran from attacking, which he was certain it would do if they knew he had disarmed.

Now, you well might ask why anyone would admire a plan that not only got hundreds of thousands of people killed and wasted billions of dollars, but that also ended up with the planner being captured in a “spider hole” and ultimately executed.  Remember, we’re not talking about entirely rational people here. We’re talking about “the resistance,” and those a party that is hostage to it. The circumstances of the Democrats’ lack of metaphorical WMDs are different in their details: the “resistance” had convinced themselves  that they would get damning evidence from the Mueller Investigation (Trump is a bad guy, so he must be guilty of something), but it provided nothing useful. The Democratic leadership is now trapped in a dangerous game that they think requires them to pander to and mollify a fanatic, anti-American, anti-democracy, furiously anti-Trump base, that is, as that description might suggest, irrational and destructive. Continue reading

Our Untrustworthy, Perplexing, Depressing State Legislators

As a passionate supporter of American democracy in both practice and theory, I find the proliferation of ignoramuses, fools and morons among both elected representatives and the voters who allow them to acquire access to the levers of power to be a constant source of discouragement. The old adage about democracy being the worst form of government except for all the others is scant consolation, true as it may be. I only tune in to the reliably idiotic goings on at the state legislature level when someone or some news story forces me to take a look, which I anticipate with enthusiasm akin to that I felt toward going down into our scary basement when I was a kid. (OK, up until I moved away at 21. OK, STILL.)

Here are two examples from today….that I know about.

Alabama took another step toward near-total abortion ban legislation, House Bill 314, the “Human Life Protection Act.”  The Republican-supported bill is  in  direct defiance of 1973’s Supreme Court  Roe v. Wade ruling, an obvious gambit to try to get the conservative Roberts court to overturn it. Grandstanding, obstinacy, call it what you will, this bill is futile, foolish, and incompetent. An outright reversal of Roe is not in the cards, not even in the most fevered fantasies of anti-abortion fanatics and pro-abortion absolutists. The new law, if it becomes a law, will be struck down by a the highest Alabama court, and won’t make it to the Supreme Court docket. It’s an illegal law, that’s all. A law reestablishing child labor or repealing female suffrage would have about as much chance of getting the Court’s attention.

If Roe is to be weakened or modified, it will occur incrementally, with the Court ruling on legitimately debatable regulations regarding when a fetus or unborn child qualifies for full Constitutional protection. It is understandable that ordinary, untrained, confused citizens might think that the way to remove established Court precedent is to directly oppose it with a state law, but  that’s because, for most of them, making laws isn’t their job. State legislators, on the other hand, have no excuse but their own lack of preparation for their civic duty, and ignorance. Continue reading

Morning Ethics Warm-Up, 5/9/2019: Incompetence Parade!

Good Morning!

1. Here, as if objective observers needed any more, is the definitive proof of what a dishonest, untrustworthy, biased partisan hack New York Times columnist Paul krugman is. Do present this to any of your Krugman-worshiping Facebook friends. I’m dying to hear their best spin attempts. It should be hilarious.

Yesterday, Krugman tweeted  a photo of the President awarding Tiger Woods the Presidential Medal of Freedom , and wrote,

I’m old enough to remember when Presidential Medals of Freedom were given for showing courage and making sacrifices on behalf of the nation and the world. Tiger Woods … hits golf balls for money.

Washington Free Beacon editor Andrew Stiles quickly compiled this partial list of recipients of the honor during Obama’s Presidency:

  • Michael Jordan
  • Kareem Abdul-Jabbar
  • Meryl Streep
  • Steven Spielberg
  • Robert Redford
  • Robert De Niro
  • Tom Hanks
  • Yo-Yo Ma
  • Bob Dylan
  • Stevie Wonder
  • Gloria Estefan
  • Barbara Streisand
  • James Taylor
  • Diana Ross
  • Bruce Springsteen
  • Warren Buffett
  • Tom Brokaw
  • Lorne Michaels

What does this teach us about Krugman? Well, let’s see…

—He doesn’t check his facts before shooting off his metaphorical yap.

—He is so biased against the President that his judgment is untrustworthy and useless except to anti-Trump fanatics.

—He flagrantly endorses double standards, condemning one President he hates for the exact conduct that he found unobjectionable from a President he supported.

—He’s an idiot. Any pundit with multiple brain cells firing would hesitate to set himself up for ridicule like this, and would automatically make sure his complaint was supported by reality.

—This is the quality of columnists the New York Times employs. Continue reading

Ethics Quiz: The Cubs Fan Ban

(I have already made up my mind about this one, but I’m willing to be persuaded otherwise…hence the quiz.)

At the start of the bottom of the third inning of the May 7th Marlins-Cubs game, the NBC Sports Chicago broadcast went to analyst Doug Glanville for some “in the stands” commentary. Behind Glanville,  , a fan in a hoodie waved hello to the camera, flashed a peace sign, then made an upside-down OK hand gesture with his fingers.

Always looking for outrages and ways to hype racial tension, sharp-eyed activists flooded  the Cubs  with tweets like this:

@cubs @dan_bernstein What say you about this racist fan flashing a white power sign behind Mr. Glanville at tonight’s game? pic.twitter.com/zR7DqYWgQv

— Marc Lipkin (@Flipkin) May 8, 2019

Whether or not that gesture is “racist” is a matter of opinion, debate, and context. Annoyingly and self-consciously “woke” lawyer-NBC sports blogger Craig Calcaterra explains: Continue reading

Ethics Hero: The Baltimore Orioles’ Trey Mancini

I just saw this. It defines  sportsmanship. In the bottom of the 11th inning in tonight’s Red Sox-Baltimore Orioles game at Camden Yards, in a 1-1 tie,  The Orioles’ Trey Mancini slugged what appeared to be game-winning home run to Camden Yards’ left center field.  But Boston centerfielder Jackie Bradley, Jr., the 2018 Gold Glove winner at the position, raced over to the wall, leaped, draped himself over the top, and  somehow, caught the ball to save the game for the Red Sox, at least temporarily.

Uusally when this kind of play occurs, the batter winces, or hold his head, or kicks a base.  Mancini, however, lifted his helmet high off his head as looked out to centerfield, saluting the man who took his homer away.

I’m sure it’s happened before, but I’ve seen thousands of baseball games, and I’ve never seen it, certainly not on a foiled game-winning hit.

I am now a Trey Mancini fan.

(The Red Sox won in the 12th, 2-1)

Family Ethics: Three Kennedys Choose The Public Good Over Family Loyalty. Excellent.

Three members of the fabled Kennedy Clan, that of Joseph P. and Rose, JFK, RFK and Ted, Caroline and the Late John-John, and all the rest, have publicly rebuked their vocal anti-vaxxer family member, Robert F. Kennedy Jr. in a statement signed by his siblings Kathleen Kennedy Townsend and Joseph P. Kennedy II, as well , Maeve Kennedy McKean, who is the executive director of Georgetown University’s Global Health Initiatives, and calls RFK jr, “Uncle Bob.”

Kathleen Kennedy Townsend is the former lieutenant governor of Maryland and the former chair of the Global Virus Network. [Full disclosure: she was also a resident in my undergrad House, Lowell House,  while I was in college, and we knew each other a little bit] and Joseph P. Kennedy II, a former member of Congress from Massachusetts, is the chairman and president of Citizens Energy Corporation.

Beginning with an overview of the harm caused by  Americans avoiding vaccines, including the current measles outbreak, the three write in Politico,

These tragic numbers are caused by the growing fear and mistrust of vaccines—amplified by internet doomsayers. Robert F. Kennedy Jr.—Joe and Kathleen’s brother and Maeve’s uncle—is part of this campaign to attack the institutions committed to reducing the tragedy of preventable infectious diseases. He has helped to spread dangerous misinformation over social media and is complicit in sowing distrust of the science behind vaccines.

We love Bobby. He is one of the great champions of the environment. His work to clean up the Hudson River and his tireless advocacy against multinational organizations who have polluted our waterways and endangered families has positively affected the lives of countless Americans. We stand behind him in his ongoing fight to protect our environment. However, on vaccines he is wrong.

And his and others’ work against vaccines is having heartbreaking consequences. The challenge for public health officials right now is that many people are more afraid of the vaccines than the diseases, because they’ve been lucky enough to have never seen the diseases and their devastating impact. But that’s not luck; it’s the result of concerted vaccination efforts over many years. We don’t need measles outbreaks to remind us of the value of vaccination.

It is impossible to overstate what a stunning departure this joint essay (titled “RFK Jr. Is Our Brother and Uncle. He’s Tragically Wrong About Vaccines”) is from the traditions and practices of the Kennedy Family. It, they, all of them, have guarded the Kennedy name and legacy like Cerberus at the gates of Hell. They have intimidated historians, artists, government officials, prosecutors and others from actions and revelations that would expose the ugly (ugly, oh-so ugly) side of  many of the family’s most celebrated members.

I directed the first professional production of a drama about the Cuban Missile Crisis that avoided or debunked the various myths carefully embedded in the official narrative to make President Kennedy the hero of the event, when he most definitely was not.  The play had been blocked by the Kennedys twice. Continue reading

Mid-Day Moldy Ethics Snack, 5/8/2019: Bad Charge, Bad School, Bad Father

Yechhh!

1. Do something, blame someone…In Plano, Texas, police have charged Lindsey Glass with violating a law making it a misdemeanor to negligently sell alcohol to a “habitual drunkard or an intoxicated or insane person,.” It seems she served Spencer Hight two gins, two beers and a shot of alcohol during two visits to the bar where she was working in September 2017, before Hight killed Meredith Hight and seven other people. After  police officers shot and killed him, an autopsy found that Hight’s blood alcohol level was about four times the legal limit. The  arrest affidavit said surveillance video shows  that Hight was unsteady, spun a “big knife on the bar,” and could be seen “pulling out a gun” from his waistband.

It’s a terrible charge, and an unethical prosecution.  Glass  texted a co-worker, another bartender, saying that Hight had been spinning the knife and told her had had to go “do some dirty work.” A report by the Texas Alcoholic Beverage Commission said  that the other bartender had called an owner of the bar, who instructed that  police should not be called. Glass was so concerned that followed Hight to his ex-wife’s home and then called 911, according to local station  Fox 4.

A lawyer for Glass emphasized  that his client had called 911 and said she had been commended by police. “It is shameful of the Plano Police Department to go after the person who was vital in trying to stop the horrific events of that evening,” he told Fox 4 and NBC in a statement. Exactly right. Police, spurred by public anger and frustration, want to find someone to blame. The fact that the drunk  went off and killed eight people is pure moral luck. It seems that the bartender went above and beyond her civic duty, at some personal risk, to follow Hight. She was originally commended by police for her actions. [Pointer: ABA Journal]
Continue reading

And “The Resistance” Jumps The Shark! Pelosi Announces Mind-Bending Impeachment Plan P, and The Washington Post Launches Plan Q

This is all so embarrassing—as an American and an advocate of Constitutional government, I’M embarrassed, and those perpetrating this fiasco have more to be embarrassed about than I do by far— and ridiculous that I am at a loss to describe it fairly. My head-exploding graphics don’t do it justice, and a mere train wreck photo is inadequate. I’m not even certain where to place the focus.

I was tempted to concentrate on the now not rationally disputable fact that if you can read Pelosi’s comments yesterday and consider Greg Sargent’s and Brian Klaas’s columns in the Washington Post and not think, “Holy Cow! These people have completely lost their minds!” you have passed, as the Phantom of the Opera was fond of saying, the point of no return, and your Trump hate and derangement have digested your brain.

This is so, so obvious now, but that’s not an ethics framing, and I’m looking for that. I was thinking about designating the entire Democratic Congress as “Incompetent Elected Officials Of The Month,” but that doesn’t quite encompass the enormity of what we are  witnessing. Similarly, calling the Post’s self-evident decision to put bringing down Trump over all professional standards as well as law, justice and common sense is minimized by calling it mere “mainsteam media bias,” as the Ethics Alarms tag would have it. This is more than that. This is a public display of insanity by those incapable of realizing what craziness is any more.

Did Donald Trump really drive them to this? “Mr. [Trump], are you that smart?”

Let’s start with Speaker Nancy Pelosi, who said

“Don’t tell anybody I told you this: Trump is goading us to impeach him. That’s what he’s doing. Every single day, he’s just like, taunting and taunting and taunting…We can’t impeach him for political reasons, and we can’t not impeach him for political reasons.We have to see where the facts take us.”

I could have made this gallactically unethical statement an”Unethical Quote of The Month,” but again, that would trivialize its significance. Of course, the statement  begins with a “Comnnie Chung,” an intentionally contradictory “don’t tell anyone I told you this”–what is that? A joke? A signal that Pelosi doesn’t take her own party’s impeachment mania seriously? I have no idea.

I do know, however, that the statement that the President is goading and taunting Democrats into impeaching him is as close as we will ever get to an outright admission that the President’s “high crimes and misdemeanors” consist of his being himself, daring to win the office, and existing on the planet. I’ve checked the POTUS twitter feed: he’s not talking about impeachment “every day” or saying anything that could rationally be interpreted as aimed at trying to goad Congress into taking that step. “The resistance”  regards the President’s existence as enough to justify impeachment. This is Pelosi’s Impeachment Plan P, a Mobius strip, alternate universe theory that says, “We have to impeach him because he’s daring us to and if we don’t, we let him win, but we can’t, but then he’ll win!” [You can find and review Plans A-O here.]

Who in their right mind says things like this in public? It’s like saying “I am  Monga, Empress of the Eels!” You only say it if you are confident your audience thinks you ARE  Monga, or you risk a visit by the men in white coats.

Yet Pelosi’s statement gets worse. “We have to see where the facts take us”—what “facts?” An excessive, disruptive, falsely-reported and dubiously executed investigation provided the facts, and because they do not support impeachment,  the Democrats want to look for more “facts,” they don’t know what, but they are sure they’ll justify impeachment. “Fariness, justice and competence” left the Democrats’ building long ago.

I’m now giving a spoiler on a post I’m working on about impeachment ethics, but this is not how impeachment works, was intended to work, or can work.

What the Constitution says and the Founders intended is that when a President, in office, commits “high crimes and misdemeanors” (“high” refers to crimes relating to the President’s high office, and also modifies “misdemeanors,” meaning that some acts by the President, because of his office and power, may be impeachable even if they are not technically crimes. They are misdemeanors in the general sense, not the legal sense: literally bad acts.), then it may be necessary to remove him from office because those acts make him inherently untrustworthy.

What the Democrats and “the resistance” have been trying to do since the 2016 election is the Bizarro World version of impeachment. Deciding immediately in the wake of their candidate’s defeat (based on no new information that the public didn’t have when it duly elected Trump) that the new President is untrustworthy and dangerous, they have been looking for something that could be used to impeach him. This was essentially what the post-Civil War Radical Republicans tried to do to President Andrew Johnson, and their near-miss failure has been interpreted by many historians (as well as “Profiles in Courage”) as saving the office of the Presidency and maybe the nation itself.

Pelosi’s statement has been mocked in various forums as “we have to pass a bill of impeachment to see what’s in it.”

Bingo.

Now let’s look at the Post’s pundits. Believe it or not, Greg Sargent makes this argument: The Democrats want to get Trump’s tax returns so they can look for something that might justify impeachment, but Trump might prevail in the courts and keep them private, because the courts could hold that Congress was “just rummaging through Trump’s returns to embarrass him and not for a legitimate legislative purpose.” That’s because this is exactly what Congress wants to do.  (I think that the courts rejecting the House’s subpoena is more than possible; it’s virtually certain.)

Democrats dare not take the chance that a court would reject its demand for Trump’s tax documents, because that loss would make Democrats look bad right before the 2020 elections. Ah, but if the Democrats start proceedings to impeach Trump first and then demand the tax returns as part of the inquiry, then they have a “legitimate purpose” to seek the returns!”

There it is: Impeachment Plan Q! Impeach Trump to get his taxes, and then use those taxes to impeach him! Brilliant!

Sargent says, in full derangement mode,

“Not getting Trump’s returns would allow him to get away with one of his most blatant acts of contempt for transparency, for the separation of powers and for the notion that basic accountability should apply to him at all.”

What? When did not providing the public with tax returns become an impeachable offense, since every President before Nixon did exactly that? Accountability for what? The IRS under multiple administrations examined Trump’s returns, and did not find any crimes. Sargent is just giving us “resistance” blather. Ann Althouse calls it “histrionic,” also a good word, and nicer than “nuts.” She writes,

“If the courts took the position Sargent is afraid of, it would be because the court was enforcing separation of powers, limiting Congress to the legislative role and protecting the Executive power from encroachment. Trump isn’t showing “contempt” for separation of powers. He’s taking a position on separation of powers. That position would either win or lose in court, and the court would give the final answer on the meaning of separation of powers.”

Greg Sargent is the model of rationality, however, compared to colleague Brian Klaas, who issues one false theory after another:

“So here’s a question for congressional leaders: Precisely how many crimes does someone have to commit before impeachment hearings are warranted? Does the person in question get a pass if it’s three or fewer? Was there some clause in the Constitution that I missed that says it’s okay for the president to direct a criminal conspiracy in certain circumstances? Is there a Federalist Paper that says the president can commit tax fraud so long as it was years ago, or that obstruction of justice is fair game so long as it happens on Twitter? To oppose impeachment hearings now, you have to believe that the president allegedly engaging in three separate categories of criminal acts isn’t serious enough to even consider impeachment. Really?”

How did a Post editor let this get published? There was no “conspiracy”; the Mueller report was unambiguous on that accusation. The “resistance’s” response is denial at this point, and to keep repeating Big Lies.

Where’s the “tax fraud”? The IRS’s job is to find tax fraud, and didn’t. Trump doesn’t fill out his own returns, and they were presumably examined with unusual care by the agency charged with that responsibility. How dare this hack state as fact that Trump engaged in tax fraud? Oh, he just “knows.” How many times have I heard that justification for impeachment?

And the obstruction claim…there’s no precedent in law or history for punishing opinions, tweeted or otherwise, as “obstruction of justice.” The Justice Department reviewed the evidence and determined that the obstruction theory was weak, ergo no obstruction of justice. Nor was there any underlying crime to try to cover-up by obstruction, and the investigation was not, in fact, obstructed in any way.

It is true that “the resistance” has become completely unhinged gradually, and it may be difficult to see the exact moment of complete detachment from reality, since the movement was hardly rational to begin with. Nonetheless,  that moment has definitely arrived

The Not-Quite-Secret Language

In the Sunday Times column Social Qs, an inquirer asked,

My adult family and I went to dinner at an Italian trattoria. When the owner led us to a table near a family with bouncy children, I asked, in Italian, if he could seat us someplace quieter. He did. After we were seated, the woman from the table with children came up to me and said: “Don’t worry. We’ll be leaving soon.” She had clearly heard and understood me. I think she crossed a social boundary. You?”

SHE crossed a boundary? The questioner says something within earshot of another party who might be offended by it, and doesn’t have the guts to be open and honest ,  or, in the alternative, to discuss the matter with the restaurant staff privately. Maybe the woman would have crossed a social boundary if she said,  ‘Guess what, dickwad, you’re not the only one who speaks Italian!” But she didn’t; she just behaved as if the request had been in English, and the Italian-as-secret-code user was embarrassed.

Good. Continue reading

A Smoking Flip-Flop: Here Is Why Larry Tribe Cannot Be Regarded As An Objective Legal Authority Any More

…well, other than the fact that his recent tweets indicate that the 77-year-old  prof is no longer playing with a full deck…*

I had a back-and-forth with a smart non-lawyer who is suffering from Trump Derangement, and who cited the opinions of Professor Tribe to counter Alan Dershowitz’s critique of the Mueller Report. He didn’t like my assertion that Tribe has proven himself to be a partisan hack of late, willing to espouse whatever public opinion the Left and “the resistance” will find useful.

Ed Whelan, the President of the Ethics and Public Policy Center, found this example of a cynical Tribe flip-flop, worthy of the gymnasts above, that shows what I mean:

 Back in early March 2016, a few weeks after Justice Scalia’s death created a vacancy on the Supreme Court, Harvard law professor Laurence Tribe was perhaps the most prominent of some 350 law professors to sign a letter asserting that the Senate had a “constitutional duty to give President Barack Obama’s Supreme Court nominee a prompt and fair hearing and a timely vote.” Declaring that “[t]he Senate’s obligation in this circumstance is clear,” the letter invoked the Appointments Clause of the Constitution.

But, as I and others (including liberal law professors Noah Feldman and Vik Amar) pointed out at the time, the position that Tribe took had no support in the text of the Constitution and contradicted perennial Senate practice on nominations. The Appointments Clause states only that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint” various executive-branch and judicial-branch officers. In other words, it restricts the president’s power of appointment by conditioning any such appointment on prior receipt of the Senate’s “Advice and Consent” on a nomination. But it says nothing about how the Senate should go about exercising its power to advise and consent-or-withhold-consent, and it thus leaves the Senate entirely free to exercise that power however it sees fit.

Tribe’s position in March 2016 further surprised me because it contradicted Tribe’s own earlier (correct) recognition, in his 1985 book God Save This Honorable Court, that the Senate may block a Supreme Court nomination “by simply refusing to act upon it.”

I’m pleased to discover that Tribe now agrees that the Senate does not have a constitutional duty to take any action on a Supreme Court nominee. Continue reading