Ethics Alarms Sends Its Thanks To The Federalist For Neatly Explaining Why EA’s “2016 Post Election Ethics Train Wreck” Diagnosis Was and Is Correct

The “2016 Post Election Ethics Train Wreck” isn’t the longest running Ethics Alarms ethics train wreck or even the most disastrous, perhaps (The Trayvon Martin-George Zimmerman Ethics Train Wreck is older and arguably worse, since it encompasses the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck too), But it has been disastrous enough. Fredo is up there again because, dammit, I was right about how sinister and dangerous the Democrats’ response to Trump’s shock defeat of Hillary. If anything, I underestimated how bad it would be, but for my correct analysis this blog was abandoned by all of the Trump haters who were sure I was their ally, since I had been pointing out the new President’s myriad flaws for two years.

Well, bias made them stupid, and I was punished for it. “You’ve drunk the Kool-Aid!” declared a previously esteemed visitor here when I (again, correctly) called the Mueller investigation what it was, a set-up to cripple Trump’s Presidency by Clinton allies in law enforcement, Congress and the media. “Banned Bob,” as the appropriately exiled commenter Bob Ghery will be known as henceforth, wrote in a recent comment that he had followed EA for years but noticed a while back that it had become “political and angry.” I hate the “angry” cheap shot; it’s a popular way to discredit my considered analysis as emotional, which it is not. I was and am emphatic that what the Democratic Party has done since the 2016 election has created a looming existential threat to American institutions, values and democracy. I’m not “angry” about it. And I have been forced to spend more time on political ethics because this epic breach of political ethics in America is the most important ethics story by far since Ethics Alarms started in 2009, indeed since Watergate.

I’m obligated to write about it. I will stop when the Axis stops using totalitarian tactics to undermine the Constitution, our culture, our communities, and our political discourse.

Thus I was thrilled to read the latest post in The Federalist titled, “Democrats’ 2016 Election Trutherism Lurks Behind Trump’s Show Trial Conviction.” An excerpt:

Manhattan District Attorney Alvin Bragg alleged that Trump reimbursed his then-lawyer Michael Cohen for payments Cohen made to pornographer Stormy Daniels to suppress negative publicity about an affair Daniels claimed to have had with Trump. The alleged wrongdoing, according to Bragg, is that the payments to his lawyer should have been classified as campaign expenses rather than legal expenses. There is nothing illegal about nondisclosure agreements or purchasing negative press. But Bragg claims Trump “orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the Defendant’s electoral prospects.”

In order to make the payment sound more sinister — and to twist an alleged bookkeeping offense into 34 felonies — prosecutors suggested the payment to Daniels was part of a murky plot to steal the 2016 election. Biden’s Department of Justice’s former No. 3, Matthew Colangelo, said during opening statements of the trial that “this was a planned, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures to silence people who had something bad to say about his behavior.”

“It was election fraud, pure and simple,” Colangelo continued, according to PBS News. “The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again.”

To add insult to injury, the original “evidence” used by Bragg’s team to wage a lawfare campaign against the former president “came from an FBI raid conducted after Special Counsel Robert Mueller referred the matter to the Southern District of New York,” as independent journalist Matt Taibbi pointed out. “Mueller’s investigation, remember, grew out of the FBI’s dubious Crossfire Hurricane investigation,” Taibbi added.

In 2016, Clinton campaign lawyers enlisted the help of oppo research firm Fusion GPS to get dirt on Trump. Fusion GPS then used the funding to hire British spy Christopher Steele, who put his name on the so-called “Steele dossier” which had uncorroborated allegations that Trump was a Russian asset. The primary source for the dossier was Igor Danchenko, who was actually tied to Russian intelligence and was later indicted for lying to the FBI…

But the connection between the Russia collusion hoax and the Manhattan trial goes deeper than the origins of the evidence. Democrats have been reeling for eight years that Americans preferred Trump over Clinton, who has called Trump’s presidency “illegitimate” ever since her defeat. President Joe Biden likewise spread the claim, telling a woman in 2019 who referred to Trump as an “illegitimate president” that he “absolutely” agreed with her.

Democrats’ inability to accept the results of the 2016 election culminated in the invention of the latest hoax — that Trump “stole” the election by paying for a non-disclosure agreement.

Bingo. Meanwhile, former U.S. Attorney Andrew McCarthy completed the circle, writing (Pointer: Michael Ejercito),

Trump says Democrats “rigged” the 2020 election against him by, for example, suppressing unsavory information about Biden-family influence-peddling. That’s exactly Bragg’s theory of how Trump supposedly stole 2016 — information suppression. Trump’s refusal to accept the outcome of the 2020 election is fairly highlighted by Democrats as making him singularly unfit for the presidency; Bragg’s refusal to accept the outcome of the 2016 election has made him a Democratic hero. And if we’re going to talk 2016 election, Trump’s rival, Hillary Clinton, actually was found by the FEC to have violated federal campaign law. In stoking the fraudulent claim that Trump was a clandestine agent of the Kremlin, Clinton’s campaign paid its law firm, Perkins Coie, to hire Fusion GPS and Christopher Steele to concoct the story; then it booked the payment as legal expenses rather than opposition research. As a result, the FEC fined the Clinton campaign.

Since Bragg theorizes that Trump, in the same campaign, falsely booked payments as legal expenses rather than reimbursement for a nondisclosure deal, why hasn’t Bragg indicted Clinton? Don’t get me wrong, he doesn’t really have a case against Clinton, either — but at least Clinton, unlike Trump, was found by an authorized federal agency to have committed an actionable disclosure violation.

Of course, the question answers itself: Clinton is a Democrat. Bragg sees his job not as enforcing the law evenhandedly but as getting Trump.
But understand: What Bragg is accusing Trump of is stealing the 2016 election.

Andy McCarthy is no more a Donald Trump admirer than I am, but he can still interpret facts. Ethics Alarms had this right from the start. In my career of largely failed projects and wasted abilities that should have led to more influence and impact than they did, entirely due to my own proclivities, I’m taking credit for this one. I gave my readers what they needed, early on and before many others figured it out. I don’t get to take many bows, but I’ll take this one.

And the Ethics Alarms fugitives and exiles can bite me.

17 thoughts on “Ethics Alarms Sends Its Thanks To The Federalist For Neatly Explaining Why EA’s “2016 Post Election Ethics Train Wreck” Diagnosis Was and Is Correct

  1. McCarthy’s assessment is why Bragg should be required to articulate a defensible rationale why only Trump is indicted for these alleged bookkeeping frauds and Clinton is again given a pass.

    In other cases Clinton instructs others to destroy cell phones and uses Bleachbit to wipe the hard drives of her clandestine email server and no charges of obstruction of justice are warranted yet Trump and some poor schmuck at Mar a Lago are alleged to have committed obstruction of justice because they did not immediately acquiesce to an FBI demand that they be returned.

    Biden steals documents stores them in multiple locations – one of which is funded by the CCP through UPenn and discloses secret info to a ghost writer and Hur decides he should not be charged while Jack Smith is seeking to charge Trump with espionage.

    Prosecutorial discretion is necessary but when it is used to turn a blind eye to the prosecutor’s favored persons while piling on charges for the unfavored is corruption of the criminal justice system.

  2. The creation and deployment into the bureaucratic hellscape of the Steele Dossier is, by far, the most egregious political dirty trick of all time. It makes Watergate look like a bungled break-in. The amazing thing is, Nixon was screwed by the mantra, “the cover-up is always worse than the crime.” What a load of crap. The Clintons didn’t even have to cover-up what they’d done. That despicable Marc Elias has been made a hero. He makes John Dean, Erlichman, and Haldeman, and all the other Watergate operatives look like choir boys. At least there were some adults at Perkins Coie who had the decency to have him leave their firm and form his own shop. So ironic HRC got her start on a Watergate committee. Sheesh.

    • And maybe it’s not irony. Perhaps the onset of Democrat run “lawfare” dates back to Watergate. Frankly, I’m beginning to view Watergate and everything that’s followed in a different light.

      • I was just thinking about the conduct of that Judge Merchan guy who “presided” over the “hush money trial.” All along, I’d been thinking he was an honest judge who was maybe a little in over his head and had made some bad decisions in good faith. I’ve changed my mind and have come to realize he’s a bad actor and has been all in on getting Trump from the time he was hand-picked to handle the trial. He has been pretty much an arm of the prosecution.

        • I hear pundit after pundit speculating that the Judge surely wouldn’t sentence Trump to prison. Surely there will be a fine, or house arrest, or perhaps community service.

          But none of them seem to include the simple fact that the Democrats HATE HATE HATE Trump. I would only be mildly surprised if the Judge gives him the maximum sentence.

          Although I do love the idea of him being given community service. Him being him, every hour would be pure campaign fodder, and he’d leave with more voters then he started.

          • Part of me wants to watch a debate where Trump is debating from Rikers. He would really have to outdo himself to lose that one. Not that he isn’t capable of it……

            Seriously, though, I do think that if Trump can be fairly restrained he’ll win the debates hands down. He doesn’t need to go after Biden, I think, just let Biden be himself.

            • I agree. Merchan is so far gone, he will sentence Trump to jail time on Rikers. He’ll probably hold him in contempt for good measure and place a complete gag on him while he’s in jail.

              • That’d be interesting. I wonder how many Secret Service agents would be required to Trump safe — would they have to clear out a cell block for him?

                Last I heard, Rikers was pretty overcrowded — would they have to release a bunch of prisoners to make room for Trump? If Hochul’s not going to pardon him, perhaps it would be prudent to commute his (notional) sentence.

                As far as gag orders, doesn’t the judge’s authority to issue those expire with the end of the trial? He’d surely be constrained by the upcoming debate. Could there be things more covered by the First Amendment than running for president?

        • As Andrew McCarthy pointed, the indictment failed to state the predicate crime that Trump was trying to conceal.

          I am not aware of a case where a prosecutor brought a murder indictment to court in which the indictment failed to sxpecify any victim. Not only would the indictment be thrown out by the judge without even scheduling an arraignment hearing, the judge would send a complaint to the prosecutor’s boss about such an act of gross negligence.

          They all need to be made examples of.

      • No doubt. The unreconstructed hippies in that generation never got over the fact that they weren’t able to prosecute and imprison Nixon so they went after every Republican president until they could nab one.

        • My generation has been an absolute embarrassment. The Clintons? Rahm Emanuel? The Rajin Cagun, James Carville? Yikes, Joe Biden’s a Baby Boomer. Despicable grifters. But the Clintons take the cake.

  3. Here is an answer on Quora from someone calling himself Z Crazy (who seems to be a regular commenter on Reason.com)

    https://www.quora.com/Do-you-think-the-verdict-in-NY-v-Trump-is-the-end-of-equal-justice-under-the-law-and-equal-application-of-our-laws/answer/Z-Crazy-4

    Until Merrick Garland gets off his ass and indicts Dubya and Obama for war crimes, yes.

    Who cares Trump paid off some ‘ho?

    When Dubya lied, people died.

    When Obama lied, people died.

    When Trump lied, no one died.

    Get it?

    Got it?

    Good.

  4. From what I have read, the difference between Clinton’s case and Trump’s is that the Clinton campaign used campaign funds to pay for the opposition research it listed under ‘legal expenses’ and Trump paid for his ‘legal expenses’ privately. It actually would have been a campaign violation for Trump to use campaign money because this type of expenditure is not allowed. Bragg is essentially stating that Trump is guilty because he DIDN’T violate federal election law.

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