Ethics Quote Of The Month (Yes, It’s More Impeachment Analysis, And I’m Sick Of It Too, But This Is Important): Professor Jonathan Turley

Shredding-the-Constitution

..Even with acquittal all but ensured, there was no room for constitutional niceties like free speech or due process. There was only one issue — the same one that has driven our media and politics for four years: Trump. Through that time, some of us have objected that extreme legal interpretations and biased coverage destroy our legal and journalistic values.

—-George Washington University Law School professor Jonathan Turley, constitutional law expert, on the conduct of the Democrats before and during the just-completed second Trump impeachment trial.

This statement, as well as the rest of his article for The Hill yesterday, was not only astute (though Turley’s observations should have been obvious) but personally welcome, in part because it tracked exactly with what I have been writing here for four years, but  in no small part because I was almost finished with a post making the same points. For Turley to make them is, of course, better, since a lot more people, though not nearly enough, pay attention to what he says. It was especially welcome because not one but two friends (among others) had made fatuous and indefensible assertions about the impeachment in the past two days, inspiring me to start that now redundant post.

My theme was going to be about how their now completely unhinged, Ahab-like mania to destroy the former President had led them to deny the importance of what once were accepted by liberals and conservatives alike—but especially liberals before their rebranding as “progressives”—as crucial, indispensable, core American values relating to personal liberty and government interference with it. The rationalizations employed in this scary process are stunning.

Prime among them as been 2020’s rationalization of the year: “It isn’t what it is,” #64. As I noted in the previous post, a Facebook friend (whom I strongly suspect was one of the self-exiled progressive Ethics Alarms commenters) wrote on the platform to the usual acclaim of  “likes” and “loves” that the 57 Senators who voted for this corrupt impeachment were voting “for democracy.” They were in fact doing the opposite, and in many ways, as Turley’s article explains (though again, it should be obvious.) Then, in a discussion with a more rational friend, another lawyer, about how the House impeachment had deliberately bypassed due process, I was told that there is no right of due process in an impeachment proceeding, nor should the prohibition of ex post facto laws and bills of attainder apply. Here was a lawyer making technical arguments against ethics. “Legally, due process only applies to life, liberty, and property,” she lectured. “A job is none of those.”

I could rebut that, but the point is that both the Declaration and the Constitution mark out basic values of our society, not just laws, but ethical values. “Due process” means fairness, and this lawyer, an alleged progressive, was arguing that the government doesn’t have to be fair while depriving the public of an elected official and that elected official of his job, and that individual of his ability to seek that job or another one. This is what hate and arrogance have done to the Left.

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Funny! But Stupid And Depressing: More Evidence That Celebrity Political Opinions Lower The National IQ

Actor Sean Penn actually tweeted this:

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Observations:

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Ethics Hero: Trump Defense Lawyer Michael van der Veen

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I have had dreams that I was in a position to tell a TV news anchor exactly how biased, unethical and destructive his or her profession has become. So far, I have not had that opportunity, but the fact that Donald Trump’s defense attorney in the just completed Senate “trial,” a victory for his client, did have such an opportunity and took full advantage of it marks him as an Ethics Hero.

President Trump’s attorney, Michael van der Veen, appeared on CBS News and was asked by Lana Zak about Sen. Mitch McConnell’s (obnoxious and gratuitous) comments after Trump’s acquittal, specifically whether he was surprised at McConnell’s venom. “I’m not surprised to hear a politician say anything at all. No,” the lawyer replied. Zak then attempted to discredit van der Veen and his defense—he’s Trump’s lawyer, so her job is to discredit him—asking a “when did you stop beating your wife” question,

Throughout the trial you denied that President Trump had a role in inciting the January 6 insurrection at the Capitol. You argued first of all that there was no insurrection, but during your closing arguments you seemingly admitted that there was, in fact, an insurrection, using that word, saying that that was not up for debate. What role did the former President play —

The lawyer cut her off and metaphorically slapped her in the face with a mackerel, saying,

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Valentine’s Day Ethics Warm-Up: “Ya Gotta Love Ethics!”

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I’m going to see if I can get through this entire post without mentioning yesterday’s acquittal of Donald Trump. There’s a whole other post around the corner for that. Let’s see.

I was sorely tempted to post the simple word “Good!” to my Facebook feed, but resisted the temptation. All it would have accomplished was to trigger some genuinely, or at least formerly, nice and reasonable people….who have nonetheless been smug, abusive, irrational, nasty, obsessed, hateful and harmful to the culture and society since November 2016. And as much as the Duke in “McClintock!” is an inspiration…

…I won’t. At least, not right now.

1, And the audacious hypocrisy continues! To a ridiculous and childish extent, too. Here’s Dr. Jill Biden’s kindergarten-style, “do as we say not as we do,” signaling-virtue-while-not-actually-engaging-in-it White House lawn display.

Biden diaplay

How nauseating.

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Regarding The Trump Defense “Fight” Montage

As readers here know, I have not watched a second of the “impeachment” (it is no longer an impeachment) “trial” (it does not comport with the Constitution’s prescription for a Senate trial of a President because I have an unruly sock drawer. There was never a chance that President Trump would be convicted of the manufactured charges rammed through the House when he was in office, and the effort to convict a private citizen or construct a Bill of Attainder to prevent a private citizen from running for office are unconstitutional. If either or both were successful, which is impossible, they would be over-turned by a conservative Supreme Court whose Chief Justice has already signaled his contempt for the partisan exercise by refusing to participate in it. (I hear Roberts’ sock drawer is immaculate).

I’ve read many articles over the last week speculating on what the Democrats are trying to accomplish. Here’s one from yesterday. It’s been pretty clear to me, though incredibly and damningly not the Trump Deranged, that what they are accomplishing is embarrassing and disgracing themselves, their party and the nation; weakening the Constitution and ensuring similar behavior from Republicans in retaliation; exacerbating dangerous division and cynicism among the public, and generally continuing their despicable series of plots over the last four years to reverse the results of the 20i6 election no matter what harm it does to our institutions.

Bias, as the Ethics Alarms motto goes, makes you stupid, and the impeachment charade/fiasco/debacle/ farce/shit-show—you pick your favorite—and hate, as Richard Nixon realized too late, will destroy you. The “trial” is an abject lesson in both truths.

I didn’t watch the any of the trial, but I could not resist watching the video above, not that any of it was a surprise or should have been to any Americans who were paying attention, as in, for example, actually reading the text of Trump’s speech to the protesters. There was no “incitement” in his words, and no one could have been convicted on such evidence, as many objective authorities have pointed out, and many biased professionals have denied, to their eternal shame. Inciting a riot is a crime of intent, and outside of some amateur mind-reading, no intent has been proven or could be. The “case” against Trump—there is no case—has been based on the the “resistance”;s news media allies ludicrously re-casting a riot, a minor one compared to those we have seen over the last decade, almost entirely from the Democratic base with official approval, as an “insurrection,” which it was not. This has been repeated daily since January 6, as if repetition makes it so. It wasn’t even an attempted insurrection, because even the dimmest bulb among the small minority of angry Trump supporters who actually stormed the Capitol could have thought for a millisecond that a couple hundred fools, dummies and clowns had a prayer of overcoming the government or even slowing it down.

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Ethical Quote Of The Month: Bret Stephens’ Critical Column About New York Times Cowardice And Hypocrisy That The Times Tried To Censor

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Ethics Alarms is temporarily parting with its usual practice by publishing Times columnist Bret Stephens’ suppressed column in full. Normally, I regard doing this as unethical: the publication that pays for an essay deserves to have the benefit of the links and the views. But this was published not by Stephen’s employer, whom he serves as house conservative with varying effectiveness, but by a competitor, the New York Post, to which the piece was leaked. As a leaked document, it is fair for Ethics Alarms to publish, and as an important piece of evidence further proving the corruption of American journalism, I believe that Stephens’ spiked op-ed needs to be widely read. I doubt that the mainstream media can be trusted to give it the circulation it needs.

Stephens wrote his column in response to this incident, where his paper fired a respected journalist after its investigation of his reportedly using the word “nigger” in a discussion with students indicated that none of his remarks had been, I wrote, “sexist or racist, but that he had used words employed by sexists or racists to talk about sexism or racism, rather than using the approved poopy/ pee-pee/woo-woo baby talk codes (n-word, b-word, c-word) demanded by language censors.” “Initially, the Times’ editor, Dean Baquet, tried to be fair and to uphold what the Times is supposed to respect—the Bill of Rights,” I continued,”but eventually capitulated to his woke and anti-free speech staff, as he has before.”

Stephens told colleagues the column was killed by Times publisher A.G. Sulzberger. The piece the Times didn’t want the public to see circulated among Times staffers and others until someone sent it to the New York Post.

I will say at the outset that Stephens should quit, just as Glenn Greenwald quit his own organization when it blocked publication of his piece about the Hunter Biden story embargo .I don’t know if there are enough journalists of integrity and honesty who are concerned about the ruinous abdication of their profession from its crucial obligations to democracy to prevent the death spiral into totalitarianism. But the few there are need to step up.

Here is Bret Stephens’ column:

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From The Ethics Alarms Signature Significance Files: Andrea Mitchell’s Idiotic Tweet

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No Andrea, you arrogant, incompetent, disrespectful partisan fool: it’s Shakespeare, from one of the Bard’s most famous and best known tragedies, “MacBeth,” and perhaps the best known speech from that play, by MacBeth, in Act 5 Scene 5.

There would have been a time for such a word.
Tomorrow, and tomorrow, and tomorrow,
Creeps in this petty pace from day to day
To the last syllable of recorded time,
And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle!
Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.

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Morning Ethics Warm-Up, 2/10/2021: Happy Birthday, Jimmy! [UPDATED!]

Jimmy Durante was born on this day in 1893 (“The Snozzola” died 87 years later, in 1980. He’s a semi-regular around here, because it’s Jimmy’s famous line from “Jumbo” (1935) (“Elephant? What elephant?”) that describes the Ethics Alarms offense of resolutely refusing to admit an ethic breach that cannot be denied.

My father was a lifetime admirer of Jimmy, and eventually I joined him: we had all of his albums, and as a stage director I often played his renditions of a ballad (like “I’ll Be Seeing You”) for singers to demonstrate the importance of phrasing and expression, both of which Durante excelled at despite having a distinctive but hardly euphonious voice. He also impressed me with his professionalism. When my father was handling marketing for a Boston banking association, he helped arrange for his organization to be one of the sponsors of Jimmy’s show, which came to the Prudential Center in Boston. The Snozz was over 70 then, but he always seemed ageless, and his energy in person was even more impressive than it was on TV (in fact, Durante had learned to tone down his enthusiasm on the small screen, because it became exhausting to watch). He made his entrance in the stage show rushing on from the wings while singing and flinging his fedora to the back of the stage, where it landed neatly on the head of his band’s bald drummer. My father managed to get our family backstage (though Jimmy was not available because he had a charity appearance right after the show) and I talked to the drummer. I asked him how often Jimmy landed the hat on his head. He replied, “He’s never missed.” He went on to say that his boss rehearsed that bit for hours every week and before every show. It was a split second grace note, but Jimmy insisted on doing it perfectly.

Durante had a stroke after a show when he was almost 80, and never fully recovered. My father, who was uncomfortable expressing emotion face to face but wrote beautiful and touching letters (I hated getting them because they always made me cry; still do), wrote Jimmy, who was then bedridden, a letter thanking him his long entertainment career and explained what his work had meant to Dad. Jimmy’s wife Margie wrote back to say she had read the letter to Jimmy, and he had mouthed the words “Thank you.”

1. Politicizing everything. UCLA’s star gymnast Nia Dennis is getting accolades for turning her floor routine into an ” exuberant and powerful celebration” of black culture. Says Slate, “This routine has everything. Dennis pays tribute to Colin Kaepernick (she kneels!), Tommie Smith and John Carlos (she raises a fist!), and Kamala Harris (like a soror, she strolls and she steps!).” That’s funny: the only way I would recognize a reference to Harris would be if Nia cackled and blathered nonsense. The routine is more dance than gymnastics, but it’s a diabolical gimmick (don’t blame Nia: she has a woke choreographer, Bjoya Das). Any judge that doesn’t give the routine the highest marks knows he or she will be cancelled as a virulent racist.

2. Then there’s the Jeep ad…I’m not going to bother with surveying the ethically dubious Super Bowl ads this year, since they all are unethical for supporting the NFL’s ongoing negligent homicide, but I can’t let Bruce Springsteen’s obnoxious Jeep ad pass. Here it is:

[Whoa! That video was pulled from YouTube shortly after I posted it! I also can’t find a link that has it.]

“To The ReUnited States Of America.” Right. Springsteen is hardly an honest advocate for “the middle,” as a vocal Democrat and anti-Trump shill. The country is supposedly “re-united” because a Democrat is President. The entire theme of the ad is a cynical exercise in Rationalization #64, “It isn’t what it is.” Donald Trump was “divisive” because Democrats decided to paint him as such. Enforcing immigration laws shouldn’t be divisive. Withdrawing from an unapproved treaty with no actual impact shouldn’t be divisive. Calling the biased news media what it is shouldn’t be divisive. Now, calling half the country racists , Nazis and morons IS divisive, and the party that just won control of Congress and the White House has been doing that for four years. Surveys show that that half of the country is more angry, alienated and distrustful than ever, and for some very good reasons, like the current unconstitutional impeachment trial. Got it, Bruce: when Republicans win a national election it’s divisive,and when Democrats win one, it’s unifying.

Update: Apparently Jeep has received so many complaints about Bruce that they decided it was a major gaffe. How can this happen? It happens when the entire company and its ad agency is so overloaded with Democrats and progressives that they can’t see what’s right in front of them.

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The Unethical And Divisive Nomination Of Kristen Clarke [Updated]

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Well so much for THAT pledge.

Seeking to avoid the politics of division and the to restore respect for the rule of law, President Biden (or someone pulling his strings) has, ironically, nominated Kristen Clarke to head the Justice Department’s Civil Rights Division. In January, with this post, Ethics Alarms urged fairness after a letter surfaced from Clarke’s college days espousing anti-white racist attitudes:

….that letter to the Crimson from 27 years ago should not, by itself, disqualify Clarke for national service. Students say and write a lot of foolish stuff in college; that’s part of what it is for. Student presidents of niche campus groups like BALSA are expected to say extreme things….However, that letter is pure black supremacy, and thus racist. In the hearings on her fitness to lead the Civil Rights division, which requires no bias for or against any race, she must be asked about the letter and, under oath, rebuke its assertions to the satisfaction of all.

Now we know, however. That letter was not just young, raw, still-learning Kristen Clarke. That is Kristen Clarke. The career NAACP lawyer has a history of opposing civil rights prosecutions of black defendants. She criticized the Justice Department for bringing a complaint against an African-American party boss in Mississippi who worked to suppress white votes.

A federal judge found that political boss Ike Brown violated the Voting Rights Act by suppressing white votes in a rural Mississippi county where whites are the minority, directing election workers to count deficient absentee ballots from blacks but disqualify ballots from whites. Brown also was shown to have held biased and manipulated caucuses in the homes of friends and supporters.

According to 2010 testimony from Justice Department official Christopher Coates before the U.S. Civil Rights Commission, Clarke “spent a considerable amount of time criticizing the [civil rights] division and the voting section for bringing the Brown case.” He described Clarke as a civil rights litigator who believes “incorrectly but vehemently that enforcement of the protections of the Voting Rights Act should not be extended to white voters but should be extended only to protecting racial, ethnic, and language minorities.” Like, for example, her.

President Biden nominating such a racially biased individual to lead a civil rights division that must serve all Americans is an audacious and defiant example of doing the opposite of what one claims to be. It is a good time to recall this tweet:

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Ethics Dunces: The San Francisco School Board [Corrected]

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I was going to write an Ethics Dunce post about Jamie L.H. Goodall, a staff historian at the U.S. Army Center of Military History who wrote a truly stupid piece for The Washington Post headlined “The Buccaneers embody Tampa’s love of pirates. Is that a problem?” Goodall is triggered by the fact that the NFL’s now champion Tampa Bay Buccaneers carry a nickname that romanticizes pirates, who were bad people.

Of course, everyone knows pirates were (are, since there are more pirates operating now than back in the “Arrrgh!” days) bad, but they were scary and tough, see, and teams are named after scary and tough symbols, sometimes. Only people who have nothing better to do but to try to bend others to their will make the fatuous kinds of arguments Goodall does. ( “There is danger in romanticizing ruthless cutthroats…Why? Because it takes these murderous thieves who did terrible things — like locking women and children in a burning church — and makes them a symbol of freedom and adventure, erasing their wicked deeds from historical memory. These were men (and women) who willingly participated in murder, torture and the brutal enslavement of Africans and Indigenous peoples.” ) Oh yeah, we had to get the racist angle. I wonder how the good people of Pittsburgh managed to have a much-loved baseball team called “The Pirates” for more than a century without anyone, or any of their many, many proud African American and Caribbean players feeling that they were honoring raping and pillaging. Perhaps it’s because the team doesn’t and neither do “Treasure Island” and “The Pirates of Penzance (which I have performed in and directed).

The problem isn’t the Buccaneers; it’s the far too successful ongoing strategy of the oppressive Left, which seeks to keep anyone with normal sensibilities and an appreciation of history, literature, humor, whimsy and proportion constantly apologizing and retreating under a barrage of manufactured indignation and artificial moral superiority. The blunder has been that instead of responding to the power-hungry ideologues and their allies like Goodall who make these claims with the mockery and contempt they deserve, those under assault make the mistake, again and again, of saying, “Well, if it bothers you that much, okay. We’ll give you what you want. After all, it’s only a name.

But it’s not only a name. It’s a word, a street, a mascot, a flag, a logo, a book, a song, a movie, a statue, an artist, a leader, a President, a Founder, a culture, and a nation. The strategy and its purpose should have been obvious long ago, and it should have been fought against hard, right at the beginning, with all the fury and determination that goes into any other existential battle. Or a war.

As I said, I was going to write this post about Jamie L.H. Goodall, but her idiocy is already a cliche, and at this point, arguing over team names is a distraction. (Too bad, though, as I had a fun post ready explaining how almost every professional sports team name was vulnerable to woke attack.) But I realized that the recent action by San Francisco’s school board represents the metastasized end game in the totalitarian Left’s cultural bull-dozing plan.

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