1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:
In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification.
I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.
2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”
(You can tell I’m starting to feel better, because the morning warm-up is actually appearing before noon… I had an unavoidable early morning conference call, and I’m hoping to get the post up before I crash.)
1. Regarding the hypothetical Hillary pardon briefly discussed in the previous post…An esteemed commenter corrected me in the comment thread when I stated incorrectly that the object of a Presidential pardon couldn’t refuse the gift: the 1915 SCOTUS case of Burdick v. US says otherwise. The case is one more example of how a bad decision can become settled law. From the New York Times:
The story behind the 1915 case is little known but very relevant today. It involved the city editor of The New York Tribune, George Burdick, who…flatly refused to testify before a federal grand jury about his sources for an article on fraud in the United States Custom House in New York. He said he might incriminate himself in his testimony. The federal prosecutor saw a quick pardon as the answer to this problem, and President Woodrow Wilson agreed.
Wilson gave Burdick “a full and unconditional pardon for all offenses against the United States” he might have committed in connection with the article and for any other matter the grand jury might ask him about. That would seem to have let Burdick off the hook, but he still didn’t want to testify. He refused to accept the pardon, and was locked up for contempt.
The case went to the Supreme Court, which held that Burdick was within his rights and ordered him discharged. In doing so, the court embraced Chief Justice John Marshall’s 1833 definition of a pardon as “a private, though official” act of grace whose validity depended on its acceptance: “It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him.”
Marshall’s pronouncements, in United States v. Wilson, were pure dicta — nonbinding observations — but the courts treated them as gospel. In the Burdick case, the court likewise held that “a pardon, to be effective, must be accepted” because it “carries an imputation of guilt; acceptance a confession of it.” This made Marshall’s view the law of the land.
The problem is that both Marshall’s definition and the court’s 1915 reinforcement of it were bad history and tortured logic. Acceptance of a pardon should not be a confession of guilt, especially if there is documentation of innocence. The “imputation of guilt” would disappear if acceptance of a pardon were not required. If one has no choice but to take a pardon, it would become like a grant of immunity, and thus would be noncommittal.
There is nothing in the Constitution that gives a person the prerogative to turn down a pardon, and strong support in the Constitutional debates for the president’s having an unfettered power to grant one. “The benign prerogative of pardoning should be as little as possible fettered or embarrassed,” Alexander Hamilton wrote in The Federalist No. 74. Even more to the point, the framers turned down an effort to limit the power to pardons “after conviction” because they wanted to make it useful for law enforcement. That is, of course, exactly what President Wilson tried, and was told he couldn’t do, in the Burdick case.
So Hillary could turn down a Presidential pardon for her crimes related to flouting the law regarding classified material.
2. Run, Kamala, run! One of the awful alternatives the Democrats have as they paint themselves into the requirement of nominating a woman as their candidate in 2020, California Senator Kamala Harris, highlighted her awfulness while questioning Ronald D. Vitiello, the acting director at U.S. Immigration and Customs Enforcement, as he appeared before the Senate Homeland Security Committee as it weighed his nomination to become permanent ICE director. She deliberately compared ICE to the KKK in this exchange:
Vitiello: “The Klan was what we could call today a domestic terrorist group.”
Harris: “Why? Why would we call them a domestic terrorist group?”
Vitiello: “Because they tried to use fear and force to change the political environment.”
Harris: “And what was the motivation for the use of fear and force?”
Vitiello: “It was based on race and ethnicity.”
Harris: “Right. And are you aware of the perception of many about how the power and discretion at ICE is being used to enforce the law and do you see any parallels?”
There are no parallels between the KKK and ICE, and Harris’s assertion that “many” see such parallels is one more example on the growing list of Big Lies being wielded by the Left to spread fear and misinformation. I heard Geraldo Rivera say this morning that Harris was “too smart” to make such a comparison, which he characterized as slander. Obviously she is not too smart to make the comparison, since she made it. She’s too smart to believe that the comparison is fair, but unethical and irresponsible enough to suggest it anyway.
3. Here’s one reason why I don’t have more Ethics Heroes. I’ve already written twice about the deteriorating saga of the kind homeless veteran and the woman he helped who raised money to let him turn his life around.. It began as a heartwarming Ethics Hero saga, then rotted into a tale of greed, ingratitude, betrayal and exploitation. By August of last year, this was the suddenly depressing story…
Johnny is back living under a bridge, panhandling for change. GoFundMe is investigating whether McClure and her live-in boyfriend absconded with most of the donations, which eventually amounted to about $400,000. Johnny claims that his once grateful benefactor and friend have been spending the money that was supposed to ensure, in Kate’s memorable words, that “his life can get back to being normal….”
The New Jersey couple who became famous for raising hundreds of thousands of dollars for a homeless man after he helped with their disabled car — as did the homeless man himself — will all face charges for allegedly providing a false story in order to raise money for themselves, a source familiar with the case told NBC10. Mark D’Amico, Kate McClure and Johnny Bobbitt Jr. will face charges including conspiracy and theft by deception, according to the source. A complaint obtained by NBC10 alleges that the three conspired with one another to make up a false story in order to raise more than $400,000.
Sigh.
4. Now that’s acceptable gender bias discrimination. Somehow. I guess. Rep. Tim Ryan (D-Ohio) said Wednesday that a congresswoman besides Rep. Nancy Pelosi (D-Calif.) should be the House Speaker. “There’s plenty of really competent females that we can replace her with,” Ryan told reporters, before listing people such as Rep. Marcia Fudge (D-Ohio) as potential candidates, The New York Times reported. I dare anyone to try to explain what one’s sex organs and chromosomes has to do with being a capable Speaker of the House. Bias not only makes you stupid, it makes you ridiculous and hypocritical. As for Marcia Fudge: oh, GOOOOOD choice there, Tim!
I learned about Nora Bayes (1880-1928) while mounting a production of a “lost” musical, George S. Kauffman’s Hollywood satire “Hollywood Pinafore,” which was essentially a parody of Gilbert & Sullivan’s classic, “H.M.S. Pinafore.” Nora was mentioned in a laugh line in the script, so the 1941 show assumed that the audience knew who she was. I had never heard of her, so I did some research. She was a fascinating character, and a huge vaudeville and Broadway singing and comedy star, household name huge. “Over There” was one of her biggest hits; another was “Shine on Harvest Moon,” which she wrote with her second husband (she ultimately had five), Jack Norwith. He also wrote “Take Me Out To The Ball Game,” another Bayes standard. According to one online biography, Bayes Bayes “provided some flamboyant, indeed extreme, examples of the broad social changes happening in the United States in the early twentieth century, namely the questioning of traditional roles for women as well as the challenges to male political and economic power that marked the women’s movement of the time.”
I almost wrote about her in April. As regular readers here know, I believe it is the our duty to honor the memories, accomplishments and cultural influence of past figures in American history, because the more we remember, the more we learn, and the wiser and more ethical we are. Somehow Nora Bayes, famous as she one was, had been in an unmarked grave for 90 years. On April 21, a group of Nora Bayes enthusiasts placed a granite headstone over her plot. The New York Times told the strange tale here.
Now I think of Nora Bayes every time I hear “Over There,” “Shine on Harvest Moon,” and “Take Me Out To The Ball Game.” Maybe you will too.
1. Truth in labeling. Major League Baseball has sent a team to Japan to play a series of exhibition games against a Japanese All-Star team, reviving a long-time tradition that had been suspended for several years. As you may know, the U.S. was critical in introducing baseball to Japan, and sent several major stars there to help get the sport established. Playing in Japan is mostly a lark for the American players, but the games are taken very seriously by the Japanese. In the first two games, the MLB All-Stars have lost, greatly pleasing the locals.
I don’t begrudge the Japanese fans their David and Goliath fantasies, but calling the U.S. team “All-Stars” is misrepresentation. For example, one of the pitchers who got clobbered in the last game, a 9-6 contest that began with the Japanese team jumping out to a 9-0 lead, was a Red Sox pitcher named Brian Johnson. I like Johnson, a crafty swing-man who had some good moments last season, but he’s a lifetime 6-6 pitcher who was left off the Red Sox post-season roster, and will have to battle to stay in the majors next season. I know you can’t sell tickets if the U.S. team is called the “All the players we could talk into coming to Japan Team,” but that’s what it is.
2. Tit for Tat may be funny, but it’s not ethical. Representative Dan Crenshaw, the veteran who was mocked last week on Saturday Night Live for his disfiguring war wound, appeared on the show last night to mock the appearance of his tormenter, Pete Davidson. Crenshaw was unusually poised for a pol on a comedy show, and the bit successfully got Davidson and SNL, which had been widely criticized for its nasty routine, off the hook. Clever. Successful. Funny. Still wrong, however. This represents an endorsement of Donald Trump ethics, as well as the endlessly repeated rationalization for the non-stop ad hominem attacks the President has inflicted on him daily by the news media and others. The President famously—infamously around here—has always said that if you attack him, he’ll attack you back harder. His haters argue, in turn, that their tactics are justified by his. This is how the culture got in the escalating spiral to Hell it is in. I don’t blame Crenshaw: if he hadn’t accepted the invitation to get funny revenge on Davidson, he would have looks like a petty jerk. Nonetheless, he has now officially become part of the problem, not just a victim of it.
3. Stop making me defend President Trump Dept. You see, I am kicked around on Facebook for not just falling meekly into line and declaring that everything Donald Trump does is an outrage and proof that he should be impeached. I tell you, it’s tempting. The mass bullying campaign to herd everyone into the undemocratic effort to overthrow an elected President using relentless criticism and flagrant double standards has been effective in stifling others, and it also serves as a kind of mass cultural hypnosis. I don’t like defending Trump. He is doing serious damage to his office, as are his unhinged foes, who are apparently willing to destroy the nation, democracy, and the Constitution to “save” it from him. But I will not be intimidated out of pointing out the revolting pettiness, hypocrisy and unfairness of his critics. Two examples surfaced yesterday. Continue reading →
1. Why does anyone pay attention to what Dan Rather has to say about the trustworthiness of the news media?Interviewed in some Trump-bashing forum or another, the man who was fired from CBS for using a fake document to bolster an anti-President Bush story argued that President Trump was waging a “war on the press” in order to “undermine the public’s trust in the rule of law, ” and that he was making “some headway” in undermining the press’s legitimacy.
To the contrary, Dan Rather and his biased news media colleagues have been 100% responsible for undermining the public’s trust in journalists. All of the Presidents attacks and insults would come to nothing if it were not so obvious, which more evidence every day, that the news media was biased, incompetent, dishonest, and pursuing a partisan agenda. Indeed, the fact that CNN, MSNBC and other news sources still resort to Rather as a credible commentator is enough to justify distrusting the new media all by itself.
2. Yup, those Republicans won’t return to civility…Kathy Griffin, trenchant as always and teeming with wit, has now called President Trump a “stupid racist piece of shit.” It is time to definitively establish that the “Trump is a racist” slur is a Democrat/”resistance” Big Lie, and nothing else. There is no evidence that Donald Trump is a racist. I have reviewed the episodes that supported support that contention, and ultimately they boil down to “If you aren’t a progressive, you’re a racist.” Trump opposes illegal immigration, and the dishonest advocacy of open borders has relied on intimidating supporters of this self-evidently correct position by tarring them as racist. Trump challenged Barack Obana’s birthright citizenship exactly as he challenged Ted Cruz’s citizenship in the 2016 campaign for the GOP nomination. (Ted’s not black, in case you hadn’t noticed.) The argument that this proves Trump is a racist is a failed syllogism: Many racists were birthers, Trump was a birther, ergo he’s a racist. False. He’s an asshole. He would have trolled any President, of any color, with the same idiotic accusation if it suited his purposes. But, again, the Democratic play-book for eight years now has dictated that any criticism of Obama is suspect of racist motives. And, of course, the President must be racist because he wants to limit the number of Muslims who enter the country from hotbeds of terrorism.
The hypocrisy of Trump’s foes using the Nazi Big Lie tactic while accusing him of being a fascist is so obvious that it’s hard to believe everyone doesn’t see it. I admit, it’s a versatile Big Lie, allowing pundits to equate Trump’s advocacy of “nationalism,” meaning opposition to the world government dreams the Democratic Party (and quite a few Republicans) have been promoting since Woodrow Wilson (who WAS as racist) with “white nationalism.”
Griffin’s “evidence”? The President said the White House might pull the press credentials of April Ryan, who happens to be black. If CNN was real news organization, it would have fired Ryan, who is a biased, ideologically-driven hack, long ago. Here are the Ethics Alarms Ryan files. Here is what April Ryan considers legitimate questioning of the White House Press Secretary:
“Sarah, is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong? Sarah, does this administration believe slavery was wrong?”
It’s been a long time since the last new rationalization joined the list. This one, “The Comforting Accusation” or “You would have done the same thing!“, follows #32. The Unethical Role Model: “He/She would have done the same thing,” and #,32A. Imaginary Consent, or “He/She Would Have Wanted It This Way.”
32 B adds the nasty little element of alleged hypocrisy to the mix, making it especially effective. How can someone criticize your conduct if they couldn’t or wouldn’t resist the same thing? Thus the author of an unethical act deflects his or her own accountability by making someone else the target of an accusation, albeit based on assumption rather than fact. The rationalization attempts to transform the wrongdoer into the judge’s reflection.
There are four problems with #32. First, it may be that the assumption that someone else would have taken the same unethical course is wrong, and, of course, it is just speculation anyway. Second, it doesn’t matter: this is just a personalized fractal of the hoariest rationalization of them all, Numero Uno, “Everybody does it.” Unethical conduct is not cleansed because it has company, or, as in this case, might have company.
Third, it’s a sneaky evocation of #14. Self-validating Virtue, in which an act is judged by the perceived goodness the person doing it, rather than the other way around. Most people, because of bias, automatically think of themselves as the most ethical person they know. The Comforting Accusation recruits the cognitive dissonance scale to elevate an unethical act by attaching it to something deep in the positive end of the scale for just about everyone: themselves. #32B is ultimately an appeal to bias.
Most important of all, the fact that I may have done what you did under similar circumstances doesn’t make what you did less wrong, It only means I have some sympathy for you, and am more likely to apply the Golden Rule if I am assigned the responsibility of holding you to account—which I should apply anyway.
I know I’ve been belly-aching about the decline in views on Ethics Alarms this year. There are a lot of theories, but one certainty: I’ve written fewer posts. Beginning in July, I’ve had an unavoidable two-hour commitment during the work week that has compressed my schedule, and removed crucial time that would normally be used, in part, to create one or two additional blog commentaries. The task also left me fatigued and frequently caused time crunches with other projects. That commitment finally ends after today. I would celebrate, but I don’t have the energy.
1. Twitter bites Bill James. James, the free-thinking, courageous baseball iconoclast often credited with creating the discipline of sabermetrics, has been an inspiration to me for decades in his relentless commitment to banishing bias, majority beliefs and conventional wisdom from his analysis. (“Signature significance,” often mentioned here, is Bill’s term.) Yesterday, I learned that Bill was once again the target of fury within the baseball establishment (it doesn’t “get” Bill, and never will), this time because of a series of tweets he issued in discussing baseball with some followers. Inspired by Washington Nationals free-agent outfielder Bryce Harper’s rejection of a 300 million dollar offer from his club, Bill was musing about the conventional wisdom that players. especially stars, are the reason people watch baseball. Among other tweets, he wrote,
“If the players all retired tomorrow, we would replace them, the game would go on; in three years it would make no difference whatsoever. The players are NOT the game, any more than the beer vendors are…The entire GAME is the product…We’re all replaceable, the players as much as the beer vendors. If they’re unhappy about that, talk to God about it; I don’t make these rules.”
This attracted the ire of the Players Association, which deliberately or foolishly misconstrued what James was trying to convey. As a long-time reader of James’ work, I have seen this theme before. It’s a simple (but too complex for most players and broadcasters, essentially) proposition: even if the over-all quality of the players was reduced, the game being played would look and feel the same, its thrills, strange bounces and dramatic turns would be unchanged, the new, lesser players would yield new stars, and the popularity of the sport would not be significantly diminished. James makes such observations to jolt people out of comfortable assumptions, and force them to think. Too many people in baseball don’t want to think, or don’t know how. James also suggested that for a baseball player who was paid $3,000,000 a year to feel underpaid was ridiculous in some respects. Of course the Players Association and the players themselves couldn’t let that go without objection.
James is a consultant to the Boston Red Sox, and the team felt it had to reject James’ theories in this matter…mustn’t make the union mad, after all. The team wrote:
“Bill James is a consultant to the Red Sox. He is not an employee, nor does he speak for the club. His comments on Twitter were inappropriate and do not reflect the opinions of the Red Sox front office or its ownership group. Our Championships (sic) would not have been possible without our incredibly talented players — they are the backbone of our franchise and our industry. To insinuate otherwise is absurd.”
Of course, James never said that the game could be played without players.
To his credit, and typical of him, James took full responsibility for the mess. “I understand that the Red Sox are not in business to offend people, and certainly regret that I gave offense to anyone,” he wrote. That was clearly not an apology, nor was it intended as one. James has not retracted his statements. He has said that he should have been clearer. Speaking of his rebuke from the Red Sox, he said,
“I’m not offended. None of us in the organization — or, like me, sort of attached to the organization although not exactly in the organization — none of us should give offense unnecessarily. If I did that — and obviously I must have — it isn’t their fault; it’s mine. I do think that my remarks, taken in context, could not be misunderstood in the way that they have been. But it is pathetic for a writer to say ‘I’ve been misunderstood.’ Our job is to make ourselves understood.”
Yesterday, I heard one of the Sirius-XM Major League Baseball hosts ridicule the idea that a millionaire player shouldn’t feel underpaid, citing the salaries move and TV stars get. But James point, if anything, is more valid in reference to that industry. In my tiny corner of professional theater, I have encountered literally dozens of actors, actresses and artists who are as talented and accomplished as many, indeed most, of the stars who get paid multiple millions for their performances. If every film actor alive decided to emigrate to Denmark, it would take less than three years to replenish the talent pool. It would not even take one. For the most part, he public goes to see good movies, not stars. Movies, not actors, are the product.
2. Just so you know that I’m a nice guy...A lawyer representing someone I criticized in a post from several years ago contacted me and asked if I would take the post down. His client, he told me, has been periodically contacted on social media by individuals who have read my post, and she is embarrassed by the episode I was writing about. The lawyer did not demand that I remove the post. He did not claim that I had defamed anyone; he conceded that I had published an opinion within my range of expertise, and that he had no grounds to force me to do anything. He just said that his client would be very grateful if I took down the post.
I checked the statistics. I rather liked the essay, but it had attracted few comments, no more than a hundred or so people had read it, and the topic was now moot. I took it down.
3. The Bad Guys (cont.) Matt Yglesias is an infamous left-wing pundit, and not a very bright one, in my experience. Naturally, he writes for Vox. In the wake of another leftist mob setting out to intimidate those with whom they disagree (Note:I will NOT take down a post if a mob outside my house demands it) Yglesias tweeted,
I think the idea behind terrorizing his family, like it or not as a strategy, is to make them feel some of the fear that the victims of MAGA-inspired violence feel thanks to the non-stop racial incitement coming from Tucker, Trump, etc….I agree that this is probably not tactically sound but if your instinct is to empathize with the fear of the Carlson family rather than with the fear of his victims then you should take a moment to reflect on why that is….I met a woman who didn’t leave the house for months because she was afraid of being picked up by ICE and never seeing her US citizen kids and husband again. What sense was there in terrorizing her family?…I honestly cannot empathize with Tucker Carlson’s wife at all — I agree that protesting at her house was tactically unwise and shouldn’t be done — but I am utterly unable to identify with her plight on any level.
The entire series is signature significance for someone with no ethical comprehension or bearings whatsoever. There is nothing here but bias and rationalizations, and no news organization who employs such an ethically-handicapped writer can be trusted or taken seriously. Because an illegal immigrant is frightened of the fair and legal consequences of her own actions and choices, it is legitimate for a mob to terrify the family of conservative news commentator. Allow me to add intellectual bankruptcy to Yglesias’s undeniable maladies.
Now he’s deleted all of his tweets. Too late! We know you’re a vicious, biased idiot, Matt.
In ethical, legal and Constitutional terms, there isn’t really very much legitimate controversy here. The key word here is “legitimate.” “The resistance” is trying its best to spin the issues and confuse the public—yet again. The news media wants to help. They have nothing.
—Attorney General Sessions should have resigned long, long ago. He debased himself by remaining in office. His boss, the President, was publicly abusive, and obviously did not want him to continue in the job.
—I cannot begin to express sufficiently my contempt for the dishonest and absurd argument that Sessions leaving office constitutes an “obstruction of justice” under even the most tortured interpretation of the term. A President can fire and replace his own Cabinet members; this was the issue that technically led to Andrew Johnson’s impeachment. Congress had passed a law (later ruled unconstitutional) that prohibited firing a Cabinet member without Congressional consent. The current theory is even more crack-brained than the claim that Trump firing James Comey, who was incompetent, devious and untrustworthy was obstruction. The “theory,” if you can call it that, is that replacing an AG who had a conflict of interest and had to recuse himself from an investigation is somehow sinister, because the new AG will actually be able to do his job, and supervise a Justice Department investigation.
—The investigation is officially about Russian interference with the 2016 election. Because the Trump campaign and its participants (not the Trump administration: this occurred before the election) might have been implicated or drawn into the investigation, Sessions, who was part of the campaign organization, had to recuse himself as a potential target, witness, or otherwise involved person, both for potential conflicts reasons and to avoid any appearance of impropriety. However, these do not apply to Sessions’ successor, much as Democrats and “the resistance” would want Mueller’s investigation to be completely without supervision by anyone approved by the President.
—There is no reason in the world why the acting AG, Matt Whitaker, should recuse himself from involvement in the Mueller matter. Claims to the contrary are made without grounding in law or ethics. Continue reading →
Progressives and the news media have decided that they don’t like the Constitution, so they are actively trying to confuse the public, which is depressingly easy.
We know Democrats and the mainstream news media hate the Electoral College and don’t view it as “legitimate.” The latest anti-Constitutional spin is that there is a national “popular vote” that should rigidly dictate the party representation in Congress. Vox’s Ezra Klein suggested that a revolution was coming if the imaginary Congressional “popular vote favored Democrats and Republicans held the House, but that’s Ezra and Vox—I assumed that this was an aberration. No! The same wacked-out theory was all over social media. The concept is based on regarding the Democratic and Republican Parties as Borg-like hives, with there being no legitimate distinction between on party candidate or another, as if no voter actually cares about experience, character, the record, skills, or any of those minor matters. Party is All.
I hate to keep pointing out that the Left is behaving, speaking and thinking increasingly like totalitarians, but the Left is behaving, speaking and thinking increasingly like totalitarians. Here’s what one of my Facebook friends, a lawyer and pretty openly a militant socialist, wrote yesterday (in part):
If you are on the left, fight for your ideal candidate in the Democratic primary and then vote Democrat in the general. The primary is the time for “who should represent the left in this election.”The general is the time to support the left over the right.
I don’t care if that nominee is “too far left” (Gillum) or “too centrist” (Sinema or McCaskill) or just “not exciting enough.” In every general election in the United States there are two candidates who have a chance to win. The Democrat is on the left, the Republican is on the right.
There is never a situation in which the agenda of any self-identified progressive or liberal or marxist or socialist or lefty or whatever is advanced by a win by the Republican. Never.
As anyone who has read Ethics Alarms for any length of time knows, I reject that argument absolutely. It is unethical, flat out. The agenda of our representative democracy is to have qualified, dedicated representatives and leaders whose judgment we can trust. It is, however, a nice summary of how someone can rationalize voting for people like Hillary Clinton, Bob Menendez, Nancy Pelosi and Maxine Waters. Or Jack the Ripper, as long as he ran as a Democrat.
But I digress. Totalitarians can only prevail by misleading the public, and so the “popular vote” confusion is apparently deemed worth promoting. ABC’s News’s Matthew Dowd brought up the fact that more ballots were cast in favor of the total number of Democratic candidates than Republican candidates running for U.S. Senate. That’s a nice piece of meaningless trivia, but he raised it as if it meant something. It doesn’t, but “The View’s” Joy Behar—remember, this woman has a daily platform to spout her analysis of news and politics—finished Dowd’s thought by saying, “Because of gerrymandering.” Continue reading →
The most unforgivable part of Saturday Night Live’s “Weekend Update” mockery of Congressional candidate Dan Crenshaw was ridiculing a decorated veteran because of the disfigurement he recieved serving his country, though that was bad enough. It was his dismissive reference to the fact that he lost his eye in “war or whatever.” Yeah, my father had his foot blown up in “war or whatever.” Whatever.
My prophesy that electing Donald Trump President would rapidly convert the United States into a “Nation of Assholes ” was accurate, and here’s the proof. In any civilized community since our nation—indeed, any nation, began, a six-year-old who mocked a veteran for his wounds would be punished and every adult who witnessed such ignorant disrespect, even from a child, would be embarrassed to see it. Now, however, that same infantile, disrespectful insult is featured on national television, as alleged adults roar with laughter.
Donald Trump mocked a disabled reporter on the way to the White House. He denigrated prisoners of war like John McCain, and recently called Stormy Daniels “horseface.” Of course, the civilized and respectable approach to discouraging such rude and vulgar behavior is to condemn it, and shun its practitioners. The Left and the resistance are now emulating it. They have used mockery of the President’s physical appearance for years, the purest and most inexcusable form of ad hominem attack. Now they are widening the target area, so a veteran who lost an eye in battle is considered fair game. (As an aside, how does someone like Davidson have the gall to mock anyone’s appearance? The guy looks like a ventriloquist dummy come to life….)
But the same people who deride the President’s boorishness, viciousness and lack of ethics alarms are not justified in adopting his bad habits, and corrupting the culture. When they act like President Trump, they are subject to the same standards. Davidson’s ugly routine wasn’t a joke. This was “We all hate conservatives and Republicans, so isn’t it funny to mock how they look!” Sure it’s funny, if you’re ten.Continue reading →
1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.
To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:
One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.
Accusing anyone of anything three decades after the alleged incident is unfair.
Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.
Using alleged misconduct as a minor to impugn the character of an adult and a professional with an unblemished record of good conduct is unfair.
Dispensing with a presumption of innocence under any circumstances is unfair.
Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)
Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.
Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.
The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.
2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,
I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).
An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading →
