“bias makes you stupid”

In Denver, A Cautionary Tale: Absolute Devotion To Unethical Partisan Doctrine Corrupts Absolutely

/ Jack Marshall / 8 Comments

All right, maybe he’s got a bad temper, but only a xenophobe wouldn’t want him as a neighbor…

Time was when this story would have made my head explode. Not any more. Progressive and Democratic fanaticism regarding the rightness of facilitating and honoring illegal immigrants has been driving that side of the ideological divide farther and farther away from reason and responsible citizenship. This, as horrible as it is, now is just one more incremental step toward madness.

The Left’s strategy of tarring all principled objections to illegal immigration as “racism” and “xenophobia” has mandated that to them all immigrants, legal and illegal, are just immigrants. Thus their furious battle to keep deserving illegal immigrants from being deported (all illegal immigrants deserve to be deported, though it is impractical at this point to do it) slides easily into a passion for preventing deserving legal immigrants from being deported. What legal immigrants—non-citizens who are U.S. visa holders and legal permanent residents do our laws and common sense dictate do not deserve to stay here? The answer is those who commit serious crimes, of course. Non-citizen aliens are guests here. When a guest in your home is caught stealing a vase, or sexually assaulting your daughter, you kick him out, and rightfully so. If America’s guests can’t respect out laws, they can’t be trusted, and if they can’t be trusted, we don’t want them here. We certainly don’t want them to become citizens.

Yet the Denver City Council agreed this week to change to local sentencing guidelines specifically to shield legal immigrants from deportation proceedings when they are convicted of domestic abuse. In a 12-0 vote, council members reduced criminal penalties for several “low-level” crimes, reducing the maximum sentence to less than 365 days in jail because under federal law, a legal alien resident who is convicted of a crime resulting in a sentence of a year or more can be deported.

Can’t have that! Continue reading →

A GOP Candidate Wins A House Seat In Montana Despite Attacking A Reporter The Night Before The Election. What’s Going On Here?

/ Jack Marshall / 66 Comments

Yesterday, in an Ethics Alarms post pointing out that nobody should vote a person who physically attacks reporters, or indeed, who attacks anybody, into Congress, I wrote,

What kind of person would vote for Gianforte after last night’s display? The kind of person who argues that character doesn’t matter in elected officials, only their positions.

And idiots, of course.

Candidate/Thug Greg Gianforte, the Republican candidate, won the election nonetheless with over 50% of the votes. Rob Quist, the Democrat, received only 44%. Does this mean that over 50% of Montana voters are idiots? No, that wouldn’t be a fair conclusion. An estimated 60% of voters had turned in their ballots already, so the Gianforte voters in that batch weren’t necessarily idiots. (As I implied in the post yesterday, the advocates for voting before election day, thus allowing late-arriving information about the candidates—as in, “Hey! This guy is an unstable, volatile jerk with the judgment of a bar room goon!” to have minimal effect on  election results, have embraced an irresponsible, idiotic even, policy.)

Gianforte’s victory illuminate  other ethics issues, hwoever:

1. Addressing supporters in his victory speech, Gianforte apologized to the reporter he body-slammed, the journalists who witnessed the attack, and Montanans, saying “When you make a mistake you have to own up to it. That’s the Montana way.”

Ugh, yecchh, gag, petui!

If that’s the Montana way, why did Gianforte sit back and allow his campaign to blame the episode on the reporter? Remember, the statement from Gianforte’s staff, which is to say Gianforte,  said that the reporter,

“entered the [campaign] office without permission, aggressively shoved a recorder in Greg’s face, and began asking badgering questions….After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground. It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ.”

That isn’t owning up. That’s covering up, spinning and lying. Does the new Congressman’s apology mean that he acknowledges that his campaign was lying? When will he own up to that?  An apology now is cheap, cynical and meaningless, for Gianforte won, and Montana is stuck with him for two years.

2. A Montana TV station refused to inform its viewers that Gianforte had assaulted and battered a reporter. NBC affiliate KECI, recently purchased by the conservative media conglomerate Sinclair Broadcasting, adamantly kept the report of the attack and the audio of the incident,  arguing that “The person that tweeted [Jacobs] and was allegedly body slammed is a reporter for a politically biased publication.”  That “biased publication” was the Guardian, and the tweeter was Ben Jacobs, the victim. His account was confirmed by reporters from Fox News…you know, that liberal network that is always trying to make Republicans look bad. The anchor of the evening newscast, Laurel Staples, read a statement that said, in part, “NBC Montana takes pride in reporting only verifiable facts from an independent, reliable sources.”

 NBC News, including the Today show and affiliates across the country, played the audio of the altercation between Jacobs and Gianforte, who was charged with misdemeanor assault, indicating that reports of the episode were reliable. Continue reading →

Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too

/ Jack Marshall / 76 Comments

Let me be clear what you are saying, Professor: when you engage in harassment and bullying, that’s good, but if the bad guys do the same thing, it’s despicable. Do I have that right?

Last week, controversial speaker and white nationalist Richard Spencer was working out at the Old Town Sport&Health gym where he is a member, minding his own business,  when C. Christine Fair, an associate professor at Georgetown University’s School of Foreign Service, recognized him and got in his face.

“Not only are you a Nazi — you are a cowardly Nazi,’ ” Fair says she told him.  “I just want to say to you, I’m sick of your crap — that this country belongs [to people like you]. . . . As a woman, I find your statements to be particularly odious; moreover, I find your presence in this gym to be unacceptable, your presence in this town to be unacceptable.”

Spencer called for a trainer, who happened to be black, to stop Fair and allow him to go back to working out.

“Seriously? This superior race of a white man needed the help of a female African American? What kind of martial race member is he?” Fair wrote in a post about the incident. Fair continued to harass Spencer, and another gym member stepped in to defend him. Fair said she told the woman, “Right now you’re being ignorant, and you’re actually enabling a real-life Nazi.”

So, naturally, Old Town Sport&Health terminated the professor’s membership for bullying and harassing other members.

Just kidding! It terminated Spencer’s membership for having the audacity to hold different views than Professor Fair. Whether Alexandria kicks him out of town on the same theory, as Fair believes is the right thing to do, is unknown.

Boy I hate it when people make me defend racists. I especially  hate it when smug, self-righteous totalitarians and noodle-spined, unprincipled  gym owners make me defend racists. Nonetheless, Spencer was the abused victim here, Fair was the offender, and she, not he, should have been told to work out somewhere else.

I’m so weary of reading about restaurants that give discounts to diners who pray, and bar owners who declare that no Democrats are welcome and Maine propane dealers who tell their customers that they can freeze to death if they voted for Donald Trump. I’m tired of pointing out what should be obvious to everyone in a pluralistic society, but suddenly isn’t, particularly, it seems, to proto-totalitarians like the Georgetown professor, who is doubtless hard at work indoctrinating her young charges into believing that those with non-conforming views should have their rights taken away for the greater good. I detest Spencer’s views, but I consider Fair and her kind the far greater threat to the nation, in part because there are so many of them. Continue reading →

Unethical Quote Of The Day: A Lovely, Smart, Trump-Deranged, Left-Biased Facebook Friend

/ Jack Marshall / 69 Comments

“How do we know the Trump administration is racist? well, they’re all white – and if this had been a white student murdered by a black student or immigrant student in what appears to be a racially-motivated hate crime, they’d have plenty say about it.”

—-A Facebook friend who works at Bowie State, exploiting the tragic death of a black student there at the hands of a white student from the University of Maryland, to attack President Trump in a post on his page.

How hysterical, unfair and unethical is this statement? Let’s see:

1.The administration is not all-white. Even if it was, that would not prove it was racist, except in the warped logic of progressives and social justice warriors. People like my friend know Trump is racist because that’s the narrative, and they just decided that he was, mostly by designating as  racist comments that were not, and using race-baiting as substitute for substantive arguments to support their irresponsible love of illegal immigration.

2. The assertion that simply by being white, one must be racist is itself a racist statement. (My friend is white, but this is virtue -signalling on the Left. Denigrate men, whites and conservatives, and that means you are good.)

Addendum: a commenter on the post who had the bad manners to point out that “we know they are racist because they are all white” was a questionable assertion saw his comment immediately deleted.

2. “We know you are racist because we are sure what you would do, though you have never done it.” This kind of reasoning from a faculty member is what Bowie students pay tuition for.

3. In fact, earlier this month a black student attacked and stabbed FOUR white students in Austin, Texas.

The President had no comments, though it was unquestionably a “racially-motivated” crime.  Never mind though, you know he wanted to say plenty.

4. Presidents should have nothing to say about such incidents. They are local, they are single events, they don’t prove anything, and their comments can undermine the justice system and inflame public opinion. President Obama never learned that, repeatedly making inappropriate comments about events that were none of his business, often exacerbating racial tensions, as in his uninformed, slanted statement about the Trayvon Martin-George Zimmerman tragedy. Obama also did exactly what my Facebook friend suggest is racist. He never commented on incidents where whites were the victims, as when Francisco Sanchez, a repeatedly deported Illegal immigrant,  shot and killed 32-year-old Kathryn Steinle in 2015. Does that prove Obama was a racist? Of course not! When you are in the grip of irrational Trump paranoia and hate, these standards only apply to this President, not the previous one. Continue reading →

“Fuck Donald Trump!”

/ Jack Marshall / 84 Comments

I was bemused to see a Sunday New York Times front page story described the White House as beset with “scandals.” Try as I might, I couldn’t come up with anything that qualified as a “scandal” applying the prior standards of ethical journalism, and especially if one considered the standards the news media applied to the Obama Administration. For reference purposes, the Obama White House manipulating the facts of the Benghazi raid to avoid accountability was not a scandal, it was a “nothingburger.”  The IRS, an executive agency under the authority of President Obama, deliberately and illegally sabotaging conservative groups to assist in Obama’s re-election wasn’t a scandal,  it was just “rogue employees.” Obama’s Justice Department surveilling a Fox journalist in defiance of the First Amendment wasn’t a scandal, because Fox News.

“Fast and Furious” wasn’t a scandal because the Attorney General who oversaw it said it wasn’t, and besides, the Justice Department was investigating itself, so all was well. Barack Obama repeatedly lying about what was in the health care bill that we had to pass to know what was in it wasn’t a scandal, it was just a slip of the tongue, over and over again. The same slip. Secretly trading five terrorists for a deserter whom the administration first described to the public as a soldier who “served the United States with honor and distinction” wasn’t a scandal because the mainstream media gave it a pass…and so on.

Firing someone a President has the power and right to fire and who was objectively untrustworthy  is not a scandal, nor is it a “crisis,”  no matter how many times reporters say it is. Alleged statements made by a President leaked by anonymous sources are not scandals, because they are alleged statements made by a President leaked by anonymous sources. A news media—led by two rival national newspapers trying to top each other by publishing breathless accounts of hearsay as if that is ever  evidence of anything—that has openly abandoned all ethical journalism standards and allied itself with a partisan effort to undermine and remove an elected President is a scandal, as well as a crisis. More on that one later.

The other scandal and crisis is the complete abdication of reason, responsibility, civility and sanity by the Democratic Party as it commits to satisfying the blood lust of its most hard-core and irrational supporters, by trying to unseat the President of the United States without the inconvenience of having to win an election. The latest ugly proof that this scandal is real came from California, where the state Democratic Party convention climaxed with outgoing party Chair John Burton extending two middle fingers in the air and leading a cheering throng in the chant,  “Fuck Donald Trump,” as Nancy Pelosi laughed it up in the crowd (as you can see in the photo.) Continue reading →

It’s A Comment Of The Day Weekend! First Up…Comment Of The Day: “This Is The Heartbreak Of Anti-Trump Brain Loss…”

/ Jack Marshall / 4 Comments

I am desperately behind in posting deserving Comments of the Day, and have vowed to catch up. This one, by Zoltar Speaks!, is almost a week old, but fortunately its substance remains very current.

He was responding to the post about Harvard icon Larry Tribe being moved to engage in rumor-mongering and conspiracy theories because of his, and undoubtedly his elite peer group’s, contempt and hatred of the President of the United States. I had been holding it to pair with a long post regarding the daily, embarrassing displays of utter bias and irrationality in the New York Times, based on my forced perusal of the last Sunday edition. That post will arrive sooner or later, but it is unfair to delay wider distribution of Zoltar’s commentary any longer.

I was joking about “Anti-Trump Brain Loss,” but the phenomenon is no joke, and is, in fact, an existential threat to the nation, one more thing that the Trump Deranged are incapable of seeing in their fury. For some reason I was reminded of one of the worst Hollywood  movies ever mad, the hilarious sequel to “The Exorcist,” “The Heretic,” in which we learn that locusts are turned voracious and destructive by being in close proximity with each other. Their beating wings brush against other locusts, and it changes them (we are told) into monstrous forces of destruction. [Note: this is mostly nonsense, but not completely.]  This is like what I witness on Facebook, in the news media and from the more intellectual-limited among Democratic officials, who declare every incident, episode or tweet coming out of the chaotic Trump White House a crisis, then the news media repeats that it is a crisis, and the anti-Trump locusts fantasize about how “the crisis” will finally give them the chance to do what they have been trying to do since November 8, 2016: undo the election.

I was critical of Professor Turley in the previous post, so let me praise his clarity on this topic now. In a post on his blog called “A Question of Law: Calls for the Indictment or Impeachment of Donald Trump Are Transparent and Premature,” he writes,

“Critics increasingly sound like my kids when we drive across country and start to chant “are we there yet?” before we are even a block from the house.  Many view a criminal charge or impeachment as the only hope for America.  However, neither the criminal code nor Article II were meant as post hoc political options for unpopular presidents. Indeed, both are designed to be insulated from public distempers and passions.”

Bingo. Trump hatred has transformed previously responsible adults into children, as well as locusts.  We have never seen anything like it as a nation, and since the infection has mostly crippled an entire political party, the journalism establishment and the pundit class, the risk of permanent harm to the nation is real.  I spent five years warning readers about Donald Trump, and almost two explaining why it was madness to even consider him as a responsible Presidential choice. I did not, however, think for a second that progressive mania in response to a Trump victory—one that arose out of indignation that the Left’s precious agenda would be imperiled by a dolt chosen by the electorate because progressives had become insufferable, arrogant, divisive, cynical, corrupt and increasingly totalitarian—-would create a greater danger than an incompetent President.

Yet that is what has come to pass.  I have always detested the Right’s facile dismissal of liberals as “insane,” as in Michael Savage’s book, “Liberalism is a Mental Disorder,” because it echoes the indoctrination tactics of the Soviet Union, which placed dissenters in mental institutions.  Dubious political beliefs don’t mean one is crazy, but behaving irrationally and irresponsibly because those beliefs aren’t prevailing can produce symptoms of mental disturbance. That seems to be what we are witnessing now.

The locusts’ wings are beating furiously, changing them, driving them mad.

Here is Zoltar Speaks!’s Comment of the Day, the first of several this weekend, on the post, “This Is The Heartbreak Of Anti-Trump Brain Loss…”:

Continue reading →

This Is The Heartbreak Of Anti-Trump Brain Loss…

/ Jack Marshall / 158 Comments

We already beheld the sad spectacle of one of the nation’s most distinguished and respected legal minds beginning to crumble under the dual attacks of anti-Trump hysteria from his peer group, and the inexplicable power of social media to make wise men and women behave like idiots..here (my linking function isn’t working this morning: http://lawnewz.com/high-profile/in-dumbest-move-famous-law-prof-broke-ethics-rules-in-apparent-shot-at-trump/), when famed Harvard Law scholarLawrence Tribe breached a basic and legal ethics principle by issuing a tweet implying that Donald Trump had once asked him about a legal matter, and wouldn’t you all love to know what it was?  When I mention this to lawyers in my legal ethics seminars, they literally laugh and roll their eyes. They know lawyers can’t do this: why didn’t the famous Constitutional Law prof from Harvard Law School have his well-oiled  ethics alarms go off? It was because, I explain, Twitter often turns lawyers and other professionals into fools, and what brains social media hasn’t chewed up can be swallowed by anti-Trump madness.

That was before the election, and poor Tribe’s deterioration has  continued. Three days after the President was sworn in, Tribe joined a group of deranged lawyers and the early stirrings of the “resistance” to sue Trump for violating the obscure Emoluments Clause, which, sane and objective authorities agree, was not intended to apply to a President who has his name on hotels, making the claim that this unprecedented situation constitutes a government official receiving prohibited payments from foreign governments. The theory is not just a stretch, but an embarrassingly  partisan one that a respected Constitutional law scholar should have been mocking, not joining.

Now Tribe has really gone around the bend, and may soon be seen wandering aimlessly through Harvard Square, wearing a Red Sox cap, muttering to himself and carrying a crudely lettered sign. Continue reading →

Ethics Quote Of The Week: The New York Times

/ Jack Marshall / 25 Comments

“In passionate testimony before county legislators, and in tense debates with liberal neighbors born in the United States, legal immigrants argued that offering sanctuary to people who came to the country illegally devalued their own past struggles to gain citizenship. Some even felt it threatened their hard-won hold on the American dream.Their objections stunned Democratic supporters of sanctuary here and helped bring about the bill’s demise in March. A similar proposal for the state collapsed this month in the Maryland Senate, where Democrats also hold a two-to-one advantage. Some of the same immigrants spoke out against it.”

— New York Times reporter Sabrina Tavernise,in a story headlined, “Sanctuary Bills in Maryland Faced a Surprise Foe: Legal Immigrants”

Boy, that’s amazing! Who would have guessed that legal immigrants to the United States support the rule of law?

To the utter surprise of Democrats, some people are citizens and Americans first, and don’t believe that their color, ethnicity, religion or gender should get in the way of the core principles at the heart of our culture and history.

__________________

Pointer: Amy Alkon

UPDATE: More Ethics Notes On The Comey Firing Meltdown

/ Jack Marshall / 168 Comments

In this matter, at least, President Johnson was right…

1. In 1867, the Radical Republican dominated Congress passed The Tenure of Office Act, an unconstitutional breach of the Separation of Powers that took away the President’s ability to fire his own Cabinet members without the legislature’s approval. President Andrew Johnson, extremely unpopular in the victorious North and more so with his own party (Johnson was a Democrat, added to Lincoln’s ticket as Vice-President to bolster Lincoln’s desperate bid for re-election in 1864), deliberately defied the law by firing War Secretary Edwin Stanton, a Lincoln appointee and an ally of the Radicals. In response, Johnson’ own party led a n effort to impeach him, and he was narrowly saved from conviction by a single vote in the Senate. The Act was soon ruled unconstitutional, as Johnson said it was. As lousy a President as he was, Johnson had every right to fire someone who served at his pleasure, and doing so was not an impeachable offense.

2. The Democrats and journalists who are—absurdly, irresponsibly, embarrassingly, hysterically—calling for President Trump’s impeachment for firing James Comey neither know their history  nor respect democracy. Just check off the names of anyone, including your friends and colleagues, who make this argument, as hopeless, deranged partitions without perspective or integrity. I’m making my own list, with early entries like Maxine Waters and Vox, which beclowned itself by writing that a President’s lawful firing of a subordinate who clearly deserved it raises the  possibility of impeachment. At least the Radical Republicans had an unconstitutional law to back that theory: Vox has nothing but, of course, the Left’s hate campaign against the President of the United States. Then there are Reps. Ruben Gallego (D-AZ) and Mark Pocan (D-WI)  who also think a firing for cause is grounds for impeachment. Gallego:

“We are certainly moving down that path. There is a lot of runway until we get there, but the president is not helping himself by firing the person investigating him. … We don’t have the numbers to do something right now, but when it comes to a point when we feel there is no other recourse, you’d have — I think — we’d have the full support of the Democratic caucus.”

Pocan said that impeachment might be possible “if there was obstruction of justice by firing [the] FBI director … We’re seeing Democrats and Republicans concerned with timing of this decision … We would first need a majority in Congress or some Republican votes … but we need to keep every tool available to make sure the President follows the law.”

Ethics alarm: who elects idiots like these? I have searched for any situation, anywhere, in which a legal and justifiable firing of an official was prosecuted as “obstruction of justice.”  Nor is an act that is neither a crime, nor a “high crime or misdemeanor,” nor something a President isn’t clearly empowered to do “moving down” the path of impeachment.

3. This is public disinformation, aided and abetted by the news media. The primary ethics issue in the Comey firing is that it is just another stage of an unethical, dastardly effort by Democrats, progressives, the left-leaning news media and their allies to veto a Presidential election that they lost by their collective arrogance and incompetence, and to undermine the United States’ elected leader no matter what harm comes to the nation as a result. The firing itself was legal, ethical, and responsible, indeed overdue. Representing it as otherwise is designed to cause fear and confusion among the public. Responsible citizens are obligated to counter this in any way they can. Continue reading →

Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 199 Comments

President Trump on Tuesday fired the director of the FBI, James B. Comey today. Rod Rosenstein, the new deputy AG who replaced Sally Yates, prepared a memo that recommended the firing, and Attorney General Jeff Sessions concurred.

Ethics Observations:

1. Here’s how the New York Times described the firing in its story’s opening sentence:

President Trump on Tuesday fired the director of the F.B.I., James B. Comey, abruptly terminating the law enforcement official leading a wide-ranging criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election.

That’s pretty despicable, and as blatant an example of intentional negative spin as you are likely to see, even from the Times. There were so many justifications for firing Comey that the mind boggles. Attaching the act to the one elicit reason for firing Comey is just yellow journalism, and nothing but. The Times is really a shameless partisan organ now.

2. Should Comey have been fired? Of course. He didn’t have to be fired, but to say that at this point he was not trusted by either political party and was widely viewed as incompetent would be an understatement  The fact that his testimony before Congress last week was not only riddled with errors, but riddled with errors that made headlines, was reason enough to fire him.

From the Washington Post:
Continue reading →