1. Not exactly a shock, but we now know Ruth Bader Ginsburg lied in her 1993 Senate confirmation hearings. At a Georgetown Law Center event last week featuring both Clintons and Justice Ruth Bader Ginsburg, Bill Clinton told the audience that he queried the Justice-to- be about Roe v. Wade before nominating her to the Supreme Court in 1993:
[Ginsburg] knew this perfectly well, that I was under a lot of pressure to make sure I appointed someone who was simon-pure, which I had said I thought was important. But I was fascinated by a—either an article I had read or something I had read on Justice Ginsburg saying that she supported the result in Roe v. Wade but thought Justice Blackmun should have decided the case on the equal protection clause not the right to privacy. And I asked her the question and she talked about it just as if it was any other issue, no affect: “This is what I think, this is why I think it,” and she made a heck of a case.
That’s odd, because one of the written questions she responded to in the process was…
Has anyone involved in the process of selecting you as a judicial nominee (including but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If so, please explain fully.
It is inappropriate, in my judgment, to seek from any nominee for judicial office assurance on how that individual would rule in a future case. That judgment was shared by those involved in the process of selecting me. No such person discussed with me any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning my position on such case, issue, or question.
Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.
Observations:
1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.
2. I might say the same about Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama and his Democratic administration trusted as a high level State Department official can make an argument like this…
Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?
Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →
On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.
Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.
After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.
Just like Damien in “The Omen.”
We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.
I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.
When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.
The funny thing is, although I made it up at the time, I believe that with all my heart.
Happy Birthday, son.
[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]
2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →
…in part as a hangover from the lively Smithsonian Associates presentation on cross examination with my sister last night. The event was completely sold out, a first among my five Smithsonian programs, and it was an intense two hours, followed by lively questioning from some participants who stayed for nearly an hour to grill us.
1. Good ethics news follow-up: Marlon Anderson, the black security guard who was fired from Madison’s West High School last week for protesting being called “nigger” by a student, thus triggering an unreasonable, brain-dead and indefensible “no-tolerance” policy, is being reinstated.
Interim Superintendent Jane Belmore rescinded the termination less than a week after Anderson was fired. The dismissal triggering intense criticism here and elsewhere, including a student walk-out. One nice thing about incompetent bureaucracies is that their lazy, thoughtless, unethical actions seldom are accompanied by any real logic or conviction, so they will usually back down, following the path of least resistance.
Still, as Ethics Alarms has asked dozens of times, how can responsible parents trust educators whose judgment is so wretched?
I also want to note that most publications reporting on the story emulated the Wisconsin State Journal, which wrote, “A black security guard who was fired from Madison’s West High School last week for repeating a racial slur a student had hurled at him, in an attempt to correct the student, will get his job back.”
Gee, which racial slur? Isn’t the particular slur an essential part of this story? Was it “negro”? “Uncle Tom”? When is it ever competent journalism to withhold relevant information from readers? Is the theory that the mere word will upset some readers more than the tales of carnage the same publications include daily without censorship? Do we read stories that report, “Someone did something really terrible to 26 people in a church using a weapon of some kind”?
In this case, withholding the crucial word at issue supports the “logic” behind the no-tolerance policy that led to the whole fiasco.
2. In more news of progressive word-policing: Massachusetts state Rep. Daniel Hunt—Guess what party he belongs to. Come on, guess! Hey, you have a 50-50 chance of being right!—-has submitted a bill to the legislature that would criminalize use of the word “bitch.” There will be a hearing today on Beacon Hill. Of course the bill is unconstitutional, but why should we expect elected representatives to be able to figure that out?
Meanwhile, the Boston Herald, supposedly the city’s conservative paper (meaning it’s not as left-biased as the Boston Globe) didn’t dare publish the word, writing instead, “the B-word — the term for a female dog that is commonly used to slander women.”
Someone should tell the Herald that calling a woman a “bitch,” no matter how unjustified, cannot possibly constitute slander. Continue reading →
1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.
Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told. maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.
2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.
The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.
3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.
However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →
1. Impeachment junk! There is so, so much of this. I am trying to decide if my launching an impeachment information and commentary website is feasible (for me, and any volunteers who step up), but it certainly is necessary.
Deja vu…I am again hearing and reading the opinion that the President’s various maneuvers to block testimony and subpoenas are indications of guilt. This is why the Democratic Party’s creeping totalitarianism is ominous—people slip so easily into totalitarian mindsets. “If you have nothing to hide, you have nothing to fear!’ is an anti-civil rights position, and yet here are alleged progressives chanting that Orwellian motto again.
The President has every reason to regard the Democratic fishing expeditions and non-inquiry inquiry into impeachment as an attack on the Separation of Powers and Constitutional government itself. Thus he has every right to make Congress’s abuse of process as difficult as possible, whether he has anything to hide, or not.
Circulating claims of Trump-Russian collusion prior to the 2016 election didn’t work. Using foreign-supplied fake intelligence, from a British spy who utilized Russian sources, to obtain surveillance of the Trump campaign and transition team didn’t work.Intimidating Electoral College Electors to change their votes after the election didn’t work. Having the Director of the FBI lie to, set up and try to entrap the president didn’t work. Having that same FBI Director leak memos to the media to manufacture grounds for a Special Counsel didn’t work.Trying to invoke the 25th Amendment to declare the president unable to perform the job didn’t work.Two years of the Mueller Investigation didn’t work.Three years of a permanent crisis news cycle meant to paralyze the administration didn’t work.
After all these failures to unwind the 2016 election, Democrats and the mainstream media are trying a new tactic: Create a Star Chamber “impeachment” process fueled by anonymous whistleblowers and selective leaks that is not so much designed to remove the president, though they would if they could, but to manipulate the 2020 election…By cloaking witnesses with the protection of whistleblowers, the whistleblower protections are being abused. In response to the announcement of Whistleblower No. 2, we remarked: “Abuse of whistleblower protections. This person is simply a witness to someone else’s complaint who already has been interviewed. Weaponization of whistleblower laws is yet another breach of norms in effort to unwind 2016 election.”…With Whistleblower No. 1 failing to fulfill the mission, there was a leak to the NY Times of a potential Whistleblower No. 2. That’s how this is going to work, there will be leaks to the media to frame the public narrative just like regarding supposed Russian-collusion.”
I think this is probably right.
Don’t confuse them with facts, their minds are made up. Ann Althouse passed along Sheryl Attkisson’s tweet:
Nah, there’s no mainstream media bias! Also from Althouse, we learn that the following headline is on the Washington Post’s front page:
“The GOP’s bootlicking cowardice knows no bounds.”
Polls, for whatever they’re worth…According to one poll, President Trump is gaining among independent voters in head-to-head matchups with the Democratic presidential front-runners, according to a new IBD-TIPP poll. This would be expected by anyone other than deranged, impeachment obsessed Democrats, since the non-biased could be anticipated to object to a party attempting to circumvent an election through abuse of the system. but who knows. Conservative pundit Matt Margolis writes, “Many on the right have warned Democrats that impeachment fever will only benefit Trump in the long run—and they appear to be proven right by this poll.”
Wrong. How can a poll “prove ” anything? Yet polls are always being offered as “proof.” It isn’t even honest to describe them as evidence.Continue reading →
Unlike the National Basketball Association, satirists Parker and Stone know that their duties as Americans include representing American values to the world and standing by them even when threatened with negative consequences.
After “South Park’s” latest episode, which mocked China’s influence over Hollywood, the Chinese government banned the series. The Hollywood Reporter revealed that China removed all hints of”South Park” from its Internet, eliminating any social media references as well as episodes and clips from the streaming service Youku.
In response, the “South Park” creators issued a pointed satirical “apology” to China:
“Like the NBA, we welcome the Chinese censors into our homes and into our hearts. We too love money more than freedom and democracy. Xi doesn’t look like Winnie the Pooh at all. Tune into our 300th episode this Wednesday at 10! Long live the great Communist Party of China. May the autumn’s sorghum harvest be bountiful. We good now China?”
Perfect. Now watch the NBA condemn “South Park” as racist, or something.
“…the best thing about the start of the N.B.A. season — or just the preseason, which began this week — is that it thrusts the league back into the conversation. Not just about sports, but about the connection sports have to everything else, from politics to fashion, civil rights to gun rights…The N.B.A. is comfortable being connected. Opinions count. Expression is (mostly) encouraged. Politics is not filtered through political correctness, not parsed by focus groups or marketing departments…the N.B.A. does at least one thing better than other leagues: It joins the conversation and adds to it. It is a game for adults.”
Right on, John. And here’s what the NBA just added to the conversation: the league will kowtow to a repressive totalitarian regime and punish employees who choose freedom over submissiveness if it’s good for the bottom line.
Houston Rockets GM Daryl Morey posted this on Twitter:
The Horror! Who in the U.S. doesn’t support the Hong Kong protesters, other than maybe Bernie Sanders and Rep. Ocasio-Cortez? Well, interestingly given Branch’s puff piece, the NBA doesn’t. The reason? Why money, of course. The NBA regards China as a growth market; never mind the slavery, political prisoners and repression of basic rights. Are you ready to ruuuuuumble??? Rockets owner quickly slapped Morey down, tweeting,
Listen….@dmorey does NOT speak for the @HoustonRockets. Our presence in Tokyo is all about the promotion of the @NBA internationally and we are NOT a political organization.
Well, unless a Rockets player is bashing the United States as racist…that’s just fine.
Morey was forced to take down his tweet (betting is that he will be fired), and then issued a Galileo-style apology, if Gallileo had used Twitter:
I did not intend my tweet to cause any offense to Rockets fans and friends of mine in China. I was merely voicing one thought, based on one interpretation, of one complicated event. I have had a lot of opportunity since that tweet to hear and consider other perspectives…I have always appreciated the significant support our Chinese fans and sponsors have provided and I would hope that those who are upset will know that offending or misunderstanding them was not my intention. My tweets are my own and in no way represent the Rockets or the NBA.
“Other perspectives.” Here’s one:“Chinese state media urges quicker trials and heavy sentences for Hong Kong protesters…People’s Daily says the city’s judiciary has been too lenient in dealing with those arrested during months of unrest Xinhua slams school of 18-year-old shot in chest by Hong Kong police for failing to denounce him, after school said it shared young people’s concerns…” Continue reading →
…and as my father was fond of saying, that should be enough. Of course, he adopted that philosophy during combat in World War II…
1. I have been asked, “With your beloved Red Sox out of the post-season, are you paying attention to the play-offs?” The answer is, “Oh, sure.” I’m not like Yankee fans, what my dad called “summer soldiers.” In fact, the post-season is a more enjoyable, less anxious, purer experience for a fan when his or her team is absent. I can just enjoy the beauty, suspense and constant surprises of baseball without being distracted by my emotions, conflicts of interest, and bias. Post-season baseball is the best of the game; when I am trying to introduce baseball to neophytes, this is the best time to do it. Yes, the dumbed-down broadcasting by the networks is annoying, but it’s always been that way. And yes, I still have some rooting biases: most of my friends are Washington Nationals fans, do a piece of me is supporting them. I like underdogs, so the Twins, Rays, and every National League team but the Dodgers have my sympathies. The Yankees have had such a courageous, astounding season, winning over a hundred games despite having more significant injuries than any MLB team in history, that I even find myself rooting for them, because if any team deserves a championship, the 2019 New York Yankees do.
2. First, do no harm. Second, don’t be an asshole...This is incredible. Employees at a St. Mary’s Regional Medical Center in Lewiston, Maine created a “wall of shame” where they displayed confidential medical records of disabled patients in 2016, the state Human Rights Commission has found.
The records posted on the wall concerned sexual activity, photos and descriptions of body parts and bodily functions of patients. St. Mary’s told CNN that it is “fully committed to ensuring this doesn’t happen again.”
Gee, that’s comforting. How did this happen in the first place?
The Shame Wall was revealed as part of a harassment complaint. MyKayla McCann, an employee who had been treated at the hospital, said that the existence of the “wall of shame” constituted an “abusive environment” where hospital staff displayed open hostility to those with disabilities.
“Coworkers constructed a workplace display ridiculing patients with disabilities. [McCann] encountered the display every day as part of her regular environment, making harassment pervasive,” the investigation said. “The information posted on Shame Wall was intended to demean and humiliate and included supposed ‘jokes’ about the hospital’s physically and mentally disabled patients.”
One employee was fired and another was given a warning in response to the incident. It took the hospital four months after McCann’s complaint to take the Shame Wall down, according to the report. How caring. How efficient.
I don’t care: Whenever I get up on Saturday, it’s morning to me.
1. Those fake recordings...I have almost gotten used to the fake versions of famous songs an by iconic artists that show up as background in TV shows and movies, but I still resent them. They are lies, in essence, designed to fool less discriminating and knowledgeable audience members. Many people aren’t even aware of the practice, which is virtually routine, of long-standing, and considered standard practice. A friend of mine , a musician/ actor with a gift for mimicry, once explained the whole industry supported by these frauds, which exist because it is cheaper to record a faux version of a famous recording than to pay to use the real thing in a movie.
For some reason, however, the last 24 hours forced me to hear some unusually obnoxious examples. I just heard fake Roy Orbison, for instance. Nobody sounds like Roy Orbison. I heard fake versions of The Platters’ immortal and inimitable Tony Williams twice, and that really ticks me off. Williams, whose rendition of “Only You” may be my favorite male vocal ever, had a freak voice, and younger listeners who hear inferior versions of his “Twilight Time,” “The Great Pretender,” and “Smoke Gets in Your Eyes” are tragically misled. It is an insult to Williams’ memory and legacy to represent through deceptive imitations that he wasn’t as great as he really was.
Anytime you hear a song playing behind a scene, listen closely. I just heard Fake Any Williams, a really bad imitation. Interestingly, I have noticed that there are some departed artists that nobody dares to imitate. Bing Crosby, for example, is always the real Bing (although I have heard several fake Frank Sinatras). They don’t try to fool anyone with fake Judy Garlands, either; I haven’t heard a fake Freddie Mercury, and hope I never do. But it’s unethical to fake anyone without being transparent about it..
Especially Tony Williams.
2. Still looking for some partners…in the Ethics Alarms Impeachment Project. I have now heard from three volunteers, and I’m grateful…a few more would be ideal. Of course, when and if the website gets published, I expect it will be easier to interest active participants.
The idea is to provide an easily accessible way for “low-information voters” and others to follow this dangerous and depressing drama while having access to the essential materials, facts, context and legitimate analysis without being confused by spin, selective reporting, misinformation and partisan agendas. Here’s an example of information that is relevant to the Democratic impeachment efforts that has hardly been reported at all, because the news media overwhelmingly wants to see the President of The United States impeached, and has made that objective clear to most objective observers for more than three years.
Six months ago, the NY Daily News revealed that Congressman Jerrold Nadler (D-NY)received at least $65,000 in campaign donations “from the music industry and other intellectual property businesses that he oversees as chairman of the House Judiciary Committee.” That was the end of the story; even the Daily News never followed up. Nadler also spent about $30K to host a Grammy Awards gala in LA in February during the Grammy Awards, giving him access to music executives for more campaign donations. Those execs, meanwhile, had their companies pony up $5,000 a ticket to attend the party. This is influence peddling, of course. It’s legal, because Congress won’t criminalize sleazy politics. TechDirt called it soft corruption:
“These are the kinds of practices that are most likely legal, and possibly even common among the political class, but which absolutely stink of corruption to the average American. And that’s a huge problem, not just because of the general ethical questions raised by such soft corruption, but because it creates a cynical American public that does not trust politicians to adequately represent their interests.”
Nadler’s conduct is relevant to the impeachment efforts because it reveals the hypocrisy behind Democratic efforts to impeach President Trump for political practices that are neither illegal nor unusual while making pious pronouncements that belie their own behavior. The purely political assault on the 2016 Presidential election results is obscured by the media’s efforts to hide the true character and motives of the President’s foes, including the journalists and editors themselves.
3. Here’s another example...My New York Times this morning is dominated by yellow-highlighted text messages between the Ukraine’s ambassador with U.S. Ambassador Volker, and a two-column width headline, “Another Official Considers Filing a Report On Ukraine.” When have you ever seen front page news about an anonymous figure “considering” something? That’s not fact, that’s not news, it is entirely prejudicial spin intended to create distrust and suspicion.
Meanwhile, the Times could have made legitimately made the front page stories about last week’s Congressional testimony from Ambassador Kurt Volker, who served for two years as the top U.S. diplomatic envoy to Ukraine, which directly contradicts the pro-impeachment narrative . He testified, under oath, that he was never aware of and never took part in any effort to push the Ukrainian government to investigate former Vice President Joe Biden or his son Hunter, and stressed that the interactions between Giuliani and Ukrainian officials were facilitated not to find “dirt” on Biden, but to address concerns that the incoming Ukrainian government would not be able to get a handle on corruption within the country. The Federalist obtained the full transcript of the testimony, which certainly could have been revealed by the Times as well, if it wanted to.
More later-––I have a terrible headache that has lingered for two days, and I can’t tell if it’s this crap or a brain tumor. Coffee, Tylenol, and the Twins beating the Yankees should help.
