The Electoral College’s Day Of Reckoning, Part I: Revelations

crying-clinton-supporters

After all the protests, the petitioning, the grandstanding, the misinformation and bad law and false history, after all the harassment and intimidation aimed at getting state electors to violate their pledges, duty and the trust of theirs state voters, all designed to keep Donald Trump from attaining 270 electoral votes and thus forcing the Presidential election into the House of Representatives for the first time since 1876, the results were just another humiliation for the Democrats and Hillary Clinton. Donald Trump was officially elected President of the United States, and it wasn’t close.

Four Democratic electors in Washington, a state Clinton won, voted for someone else, giving her just eight of the state’s 12 electoral votes. They will be prosecuted, apparently, for breaking a Washington statute. Colin Powell, a Republican, received three of the faithless elector votes and Native American tribal leader Faith Spotted Eagle received one, apparently because one elector decided that rather than vote for Senator Elizabeth Warren, a real Native American was preferable. Single  electors in both Maine and Minnesota attempted to cast ballots for Bernie Sanders, but state laws requiring electors to follow the statewide vote invalidated both rebellious ballots. One Hawaii elector did vote for Sanders, an especially outrageous betrayal of the vote since Hawaii went to Clinton even more decisively than California.  Never mind: this unknown, unvetted, undistinguished citizen decided that no, he or she knew better. That’s the model Democrats were promoting.

The one Republican elector, Texas’s Christopher Suprun, of Texas, who had trumpeted his  intention  not to vote for Trump despite his state heavily favoring the President Elect voted for Ohio Governor John Kasich as promised, and another Texas elector defected to vote for Ron Paul. Thus the almost six week Democratic push to use the Electoral College to pull victory from the jaws of defeat had the net effect of increasing Trump’s Electoral vote advantage over Clinton by three, with Hillary Clinton becoming the candidate with most defecting electors in over 200 years.

George Will’s favorite phrase “condign justice” leaps to mind. First the Wisconsin recount increases Trump’s vote total, and now this.

Three Ethics Observations from one of the most embarrassing spectacles in U.S. election history: Continue reading

When The Electoral College Makes It Official Today, Remember What Really Made It Possible For Donald Trump To Be President—And It Wasn’t Racism, Misogyny, Xenophobia, Fake News Or Putin

Today, when the electors meet and officially cast the votes that make Donald Trump the next President of the United States, Ethics Alarms will retire the “This will help make Donald Trump President” tag. I was going to wade through the many posts bearing that tag, but the task was too arduous and  depressing, and besides, new examples pop up every day. Trump does not have the skills, experience, reliability, judgment or temperament to be trusted to serve the role that those who voted for him designated him to serve, but the reasons much of the nation desperately, fervently, urgently wanted someone to fulfill that role and now, should be evident to anyone who is not part of the problem.

Two examples suffice.

1. Illegal immigration. Thanks to Trump’s slovenly rhetoric, Democrats, illegal immigration advocates and the news media managed to turn what should have been a substantive debate over the U.S.’s enabling of illegal border-crossing into the false narrative that Trump was racist, xenophobic, and had called all Mexicans “rapists and murders.” (He never did that.) Then Trump himself allowed the debate to focus on his absurd impossible measures to address the crisis: a Berlin-style wall that he would “make Mexico pay for” and mass deportations of 11 million U.S. residents or more. These deflections didn’t change the facts, however: Eight years of the wink-wink-nudge-nudge Democratic and Republican policies of allowing a constant stream of law-breaking foreign citizens over our borders, bolstered by the Orwellian deception by journalists, elected officials and activists of calling them “immigrants” to make dissent from these policies vulnerable to attack as “racist,” had justly infuriated many Americans. After watching so many politicians pretend to oppose the flood across our borders and back down or descend into double-talking gibberish, it was refreshing and—yes, Mrs. Obama–hope-inspiring to hear someone, anyone, call the crisis what it was and pledge to address it, even in crude  terms.

Illegal immigration, and the flaccid, dishonest handling of it by both parties is the issue that made Donald Trump’s rise possible, and all of the conditions that created public indignation and anger over the issue still exist.

1,574  illegal aliens were apprehended at the U.S. Mexico border per-day during the month of November, marking the fifth straight month of escalating illegal immigration into the southwest United States. Nobody knows how many weren’t apprehended, but it is probably more. In addition to the tens of thousands of illegals streaming in from Central America, officials are reporting increased numbers of Cubans and Haitians crossing into the United States from Mexico. No, they aren’t all rapists and murderers or even criminals, and they aren’t all Mexicans, but they all came here or tried to come here illegally. That makes them wrong and undesirable, and all the linguistic tricks being employed to make that simple statement difficult to express won’t alter that central fact.

This month, the Center for Immigration Studies  reported that illegal immigrants with criminal records in this country probably total at least 820,000, with most having felony and serious misdemeanor convictions. Other estimates, naturally the ones cited by Trump,  have suggested up to two million criminal illegal immigrants, but 820,000 is still a number larger than the populations of four Alaska, North Dakota, Vermont or Wyoming. Continue reading

Are No Professions Safe From The 2016 Post Election Ethics Train Wreck? Now Even Restaurant Critics Have Gotten On Board!

circus-train-wreck

As a professional ethics specialist, I find the enthusiasm with which alleged professionals have used the election of Donald Trump to excuse their abandonment of such ethical values as fairness, responsibility, respect and citizenship deeply discouraging, and I am seriously considering becoming a beachcomber. I already knew that the journalism profession no longer could distinguish ethics from a hairy crab, so this wasn’t too surprising, nor was it too much of a shock that the New York Times has become a non-stop anti-Trump fear-fest and rant machine. Let’s see, in today’s edition alone  there is a hit piece on Trump advisor Steve Bannon called “Bannon’s Coriolanus Rewrite,” then  “Donald Trump’s Racial Ignorance,” “Where the Right Went Wrong,” (an amazing title, given the current balance of political power after Hillary’s botched campaign), “How the Truth Got Hacked,” “Is Democracy in Danger?” “Trump, the Russian Poodle,” and “Is This Collective Trauma?” The  last, I guess,  explains why mass trauma is inevitable for progressives, moderates and “Never Trump” Republicans when “the political order they long took for granted — defined by polarization, yes, but also by a commitment to basic principles of democracy and decency — is suddenly gone.”  One would almost wonder from that sentence which side of the political spectrum is calling for armed insurrection, pre-inaugural impeachment, and the overturning of the election results. The Times is also a showcase for columnists whose minds have snapped like dry branches in the wind,  causing them to leap manically onto the Trump Hysteria Express. Economist Paul Krugman has long been a hyper-partisan scold for whom fairness is alien territory, but this tweet was spectacularly vicious even for him:

“Thought: There was (rightly) a cloud of illegitimacy over Bush, dispelled (wrongly) by 9/11. Creates some interesting incentives for Trump.”

An ethical newspaper wouldn’t want someone capable of such a comment working for it.

Many broadcast journalists were stunningly unprofessional, indeed amateurish, on election night. Martha Raddatz choked up with emotion reporting Clinton’s loss; now there’s an objective reporter. Rachel Maddow described the evening as a “nightmare.”

Education has been racing journalism to the ethics barrel bottom for years, but I did not expect universities to send such intimidating messages to their students that they were expected to either be in mourning or on the verge of emotional breakdowns because the Democrats lost. Once, higher institutions of learning aimed to teach students critical thinking skills so they could make up their own minds regarding civic affairs. High school administrators and teachers also forgot their duties, and allowed students to skip school because, you know, TRUMP!!!!, and “ARRRGHHHHH!!!!”

Lawyers have lost their ethical bearings, of course, as have law professors, with perhaps the best example of the latter being the Georgetown Law Center adjunct who claims that the Constitution is unconstitutional, because following it will elect Donald Trump. My law alma mater isn’t faring too well in the train wreck: another professor, Paul Butler, argued that Supreme Court justices shouldn’t normally attack a President Elect, except when it’s Donald Trump.

Other academics have disgraced themselves. A prominent historian, for example, even resorted to making up history to provide an excuse for Democrats losing to such a horrible creature. Professor Larry Lessig of Harvard Law, who heads an ethics institute there, is encouraging electors to be “faithless,” as in “double-cross the voters who elected them.” Some ethics institute you have there, Harvard!

Artist, actors and show business professionals have debased themselves even more than usual, beginning with the Broadway cast of “Hamilton’s” breach of the Performer’s First Commandment: DON’T ABUSE THE AUDIENCE. They have even started turning on each other: Jon Voight, whose sin was that he expressed support for the man elected President, was booed at recent awards show by his fellow actors. Nice.

But as bad as this has been, I didn’t expect food critics to be corrupted. Continue reading

A “Peace On Earth, Good Will Toward Men” Ethics Quiz: The Bitter Propane Dealer

A Skowhegan, Maine Trump voter.

A Skowhegan, Maine Trump voter.

The quiz itself has little to do with the fact that Michael Turner is the kind of bad American, bad neighbor, bad community member and  jerk who makes Ebenezer Scrooge seem like a mensch, but ponder on his conduct anyway.  If you are one of the residents in Skowhegan, Maine   and you call Turner LP Gas in Skowhegan, Maine to buy propane to heat your home, you get this message from the owner:

“If you voted for Donald Trump for president, I will no longer be delivering your gas. Please find someone else.”

No, it’s not a hate crime, it’s just hate. It gets cold in Maine, and Skowhegan, like the rest of the state, has a lot of poor people among it’s 8500 or so residents. It also has many who are elderly and poor, for whom having to find another propane supplier may be not just inconvenient, but life-threatening. This is why we have public accommodation laws: To protect us, especially the vulnerable among us, from bigots and bullies like Michael Turner.

He is no different in his lack of decency and the void of ethical values in his soul than the racists who refused to allow black citizens to frequent their establishments before the Civil Rights Act, bridal shop owners who won’t sell wedding dresses to same-sex couples, and the innkeepers who turned away a pregnant woman and her husband long ago, on a night we celebrate soon.

Ethics Alarms has discussed this ugly phenomenon many times. The Bush administration tried to validate it by approving the so called “workers’ right of conscience, ” that permitted a wide variety of health care workers to refuse to administer treatments they found morally repugnant. President Obama, to his credit, restricted that wide-open door to division and bigotry, then allowed the rest of his years in office to exacerbate societal schisms to the point that we have large numbers of a political party trying to overturn a legal election while calling  Americans who dared to vote differently than they did racists, sexists and fascists.

A recent Ethics Alarms post titled, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there, asked,

Are all groups, families and individuals now going to be required to declare their political and ideological positions before being allowed to order a lasagna? What is an acceptable group? If there is a protest over a Black Lives Matter dinner,  will Maggiano’s apologize? If Mike Pence and his family eats there and the “Hamilton” cast protests, does that mean they will refuse to serve cannoli members of the Trump administration? Despite the fact that the protests came from progressives, the attack on the restaurant is totalitarian in substance.  What is being commanded is conformity of thought.

Ah, but the persecutors are the good guys, don’t you understand? They know they are right, so they can rationalize hurting anyone who isn’t like them. Michael Turner is this breed of citizen. I must admit, when I warned that electing Donald Trump would turn the U.S. into a nation of assholes, I didn’t anticipate that it would be assholes like Michael Turner.

There’s no quiz on this topic, for it is settled ethics that his practice of punishing neighbors for their political views stinks. No, the quiz involves the conduct of Turner’s customers:

Today’s Ethics Alarms Ethics Quiz is this…

If Turner required customers to state that they voted against Donald Trump in order to buy propane from him, would it be unethical for Trump voters to lie?

Continue reading

Unethical Quote Of The Week: Slate Legal Columnist Dahlia Lithwick and Law Professor David S. Cohen

if you think THAT's a distortion, just try looking as the Golden Rule in the mirror...

If you think THAT’s a distortion, just try looking as the Golden Rule in the mirror…

“If Mr. Trump had lost the Electoral College while winning the popular vote, an army of Republican lawyers would have descended on the courts and local election officials.”

—-Slate Editor Dahlia Lithwick and Drexel University law professor David S. Cohen in a NYT op-ed, “Buck Up, Democrats, and Fight Like Republicans.”

I love this quote! It is a pure example of one of the many invalid Golden Rule permutations that appear on the invaluable Ethics Alarms Rationalizations list under #58. The Golden Rule Mutation, or “I’m all right with it!” Among the blatant rationalizations disguised in Golden Rule cloaks are…

  • Do unto others as you know others would do unto you.
  • Do unto others what they did unto you.
  • Do unto others as you wish others would do unto you even though you wouldn’t deserve it.
  • Do unto others as those others treat others.
  • Do unto others as they threatened to do unto you.
  • Do unto others as others who think like you do would also do to those others.
  • Do unto others according to how you feel about what they did unto you.
  • Do unto others before they do it unto you.
  • Do unto me as you would want to have done unto you if you were as devoid of civilized values as I am.

As for #58, it translates into…

“Do unto others as if the others felt like I do, even though they may not.”

The possible variations are infinite, and every one of them is intellectually dishonest and unethical. It’s astounding, and depressing, that two lawyers, one an alleged analyst and the other a law professor, would endorse such an unethical proposition.  They do it because they are openly partisan and politically biased, and as we all should know by now if you’ve been paying attention here, bias makes you stupid.

The op-ed’s Golden Rule mutation is one I should add to the list, though it’s a bit long:

“Do unto others as you conveniently assume the others would do unto you, even though there is no evidence that they would.” Continue reading

Incompetent Elected Official Of The Month: Rep. Jim Himes (D-Conn.)

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because its antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You're an idiot.

OK, have I got this straight, Congressman? You want to abolish the Electoral College, because it’s antidemocratic, but before you do, you want to use it to overturn an election that you agree was fair and square. Got it. You’re an idiot.

Now a member of Congress has sided with the history-addled cheating advocates who are pressuring Republican electors to overturn the results of the 2016 election. One might expect electors to be this ignorant and confused, since they are not vetted or qualified and may be, for all voters know, self-righteous paramedics.  Smug and partisan social justice warriors using fake names are also not surprising us when they advocate something this unethical. However, we should be able to expect our elected representatives to have more respect for and understanding of our system. Unfortunately, we can’t.

Rep. Jim Himes (D-Conn.) concedes that Donald Trump won the election “fair and square.” (This is a small point in Himes’ favor, at least, since so many of his political brethren won’t even admit that). Nonetheless, he has announced that electors should defy the electorate and make Hillary Clinton President when they gather on December 19to  vote,despite the fact that Trump beat Clinton by winning states that gave him, or were supposed to, 306 Electoral College votes.

Himes’s “argument“ mark him as a bona fide idiot. We should not have bona fide idiots in Congress.

“We’re 5 wks from Inauguration & the President Elect is completely unhinged. The electoral college must do what it was designed for,” he tweeted yesterday. No, in fact, that was not what it was designed for. The Electoral College was designed to prevent big states in a federal system from dictating to the other states, which might not share their culture or sensitivities. Imagine a big, wacko state like California dominating our politics. In fact, that’s exactly what would happen without the Electoral College. In the election just completed, Clinton won the Golden Bankrupt Illegal Immigrant-Enabling State by almost 4 million votes, while Trump got more votes than  Clinton in the other 49 states and the District of Columbia.  That’s why we have the Electoral College, and a more brilliant device the Founders never devised. Continue reading

Proposition: It Is Unethical For Universities To Permit Or Engage In The Political Indoctrination Of Students Without Having Expressly Informed Students Of That Intention Before They Enrolled

brainwashing

As part of the post 2016 Presidential election freak-out, hundreds colleges and universities have crossed all lines of fairness, professionalism and objectivity by making it clear to students who did not find Hillary Clinton’s defeat motivation to consider an overdose of Seconal that they were skunks at the picnic. College deans and presidents sent out campus wide expressions of horror at Trump’s victory, like the Vassar president’s message I noted here. University of Arkansas’ Dean, Michael Schwartz, offered free counseling services to students who were dist ought following the “most upsetting, most painful, most disturbing election season of my lifetime.” The only previous occasion when the school offered counseling was after a student committed suicide.

A Yale professor sent this statement to his students:

yale-professor

Then there are the administrative efforts to make it clear that dissent from the approved, sensitive, politically correct, university-sancioned and of course obviously beyond question or rebuttal position that a group of racist deplorables elected the anti-Christ as POTUS.

At Edgewood College, students had been invited to express their feelings about the election by writing them on post-it-notes and placing them on a designated table. Clearly, it was expected that everyone would express anger, shock, despair or grief, but one such note read “Suck it up, pussies!” This, which I would call a very reasonable, if vulgarly expressed, reaction, was deemed a “hate crime” by college officials, who have asked police to investigate.

College Vice President Tony Chambers sent a letter to campus condemning this “act of cowardly hatred” and “intimidation.” He wrote:

A group of cross-functional college staff representing campus security, student conduct, human resources, Title IX enforcement, and diversity and inclusion measures convened Tuesday morning to discuss how to address the hateful message. This group determined that the message constituted a Hate Crime…

Continue reading

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading

Ethics Dunce: Texas Elector Christopher Suprun [UPDATED]

Shut up, Chris; shut up, Alexander.

Oh, shut up, Chris; you too,, Alexander.

Another faithless Texas elector has announced himself. This time, it’s Christopher Suprun, the latest previously anonymous figure to exploit the 2016 Presidential candidacy of Donald Trump for 15 minutes of fame. Let’s see: there was Trump’s former lawyer, who breached or nicked several legal ethics duties to get a column in the Huffington Post, Trump’s ghostwriter, and all of the women who never saw fit to complain of being sexually assaulted by the President Elect until their accusations could do maximum harm and spark maximum exposure. Now we have Suprun, who penned a self-righteous op-ed for the New York Times explaining why he feels he is entitled, all by himself, to ignore the will of the people and cast his vote as elector for someone other than the candidate Texas insisted he pledge to vote for: the winner of the most votes by participating Texas citizens in the November 12 election.

The measure of Suprun’s gravitas and qualifications to take this responsibility on himself is aptly illustrated by the first of his justifications for his untenable position: “Mr. Trump goes out of his way to attack the cast of “Saturday Night Live” for bias.” Naturally, he appeals to the authority of Alexander Hamilton, whose various employments in the post-election train wreck has convinced me that he, not Old Hickory, really should move off the currency and make way for someone with the right number of chromosomes. If I hear one more quote from Federalist Paper 68—which no one is 100% certain that Hamilton even wrote—I may strip off my clothes and run screaming Norse epithets into the night. Assuming, as most do, that the author was Hamilton, so what? The paper was written after the Constitutional Convention. Hamilton’s concept for that document and the structure of the government was rejected. He didn’t trust the public, or democracy, wanted George Washington to be king, and championed a system the resembled Great Britain’s. Using him to justify a concept of the Electoral College that has never been employed or accepted in the United States is a classic logical fallacy. Continue reading

“Reasons To be Happy About The Election Of Donald Trump”?

half-full-glass

Ann Althouse published a link to this article linked by Instapundit, and Prof Reynolds distilled his own seven reasons “to be happy” about the election upset. Four of the seven reasons are dubious or premature—“he could still blow it,” writes Reynolds. Ya think? He hasn’t been inaugurated yet!—but three, at least, have validity:

1.  Killed off dynastic politics, at least for now. If Hillary had won, 4 of the last 5 presidents would have come from two families. That’s not healthy.

2. Kept Hillary out of the White House. She’s amazingly crooked even by DC standards, and amazingly inept even by DC standards as well. Debacles galore have been prevented by keeping her out. Plus, a Clinton presidency would have allowed the completion of the Obama Administration’s weaponization of the federal government and possibly ensured one-party rule for decades. And at the very least, it would have allowed the sorry gang that Obama and Clinton brought in (go read the Podesta emails!) to bore in for four to eight more years….

5. Crushing the media’s sense of self-importance: They thought they were going to hand this election to Hillary. Now they’re realizing just how few people like or trust them, while Trump bypasses them using Twitter and YouTube. As I’ve said before, in the post-World War II era, the press has enjoyed certain institutional privileges based on two assumptions: (1) That it’s very powerful; and (2) That it will exercise that power responsibly, for the most part. Both assumptions have been proven false in this election cycle. Like many of the postwar institutional accommodations, this one will be renegotiated under Trump. It’s past time. After getting spanked in 2004 over RatherGate, the press realized with Katrina that if they all converged on the same lies they could still move the needle. Now they can’t.

None of these should be enough to pronounce oneself “happy” that we have elected a President who prior to his election displayed no fitness for office whatsoever, and an absence of such basic requirements of competent leadership as self-control, judgment, decorum, the ability to speak clearly, and knowledge of the Constitution. However, since Reynolds got a start on a list of silver linings to the Trump election cloud, let me complete one. I’ll call the Instapundit’s #5 the Ethics Alarm #3 and take it from there. I reiterate that even the whole list doesn’t turn this sow’s ear into a silk purse, but Trump’s election still has  up-sides that we can identify immediately. Continue reading