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

Shredding-the-Constitution

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

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

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

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

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

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

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Journalism Ethics/Legal Ethics/Government Ethics Rot: The Democrats And Journalists Tried To Convict Donald Trump With Fake News

U.S. Capitol Police officer Brian D. Sicknick lies in honor, in Washington

Gee, does this bother anyone out there who hates Donald Trump or who voted for Joe Biden?

If your answer is no, I’m disgusted with you. You’re beyond help, hope, or rehabilitation.

The farce of a Senate trial the nation just endured was predicated on emotion rather than law, logic, fact, language or evidence. Prime among the emotions weaponized was hatred of former President Trump (in the trial: hatred of then-President Trump was all the Democratic House needed for its evidence-free, investigation-free “snap impeachment” (credit: Prof Turley.) At the trial, House managers alluded to Capitol Police officer Brian Sicknick being “killed’ in the riot, the intended implication being that President Trump was responsible for his death. Nancy Pelosi made certain that Sicknick’s body lay in the Capitol Rotunda, one of only five civilians so honored. All the better to show the nation that the President had blood on his hands. right, Nancy? The AP wrote on February 2,

Slain U.S. Capitol Police Officer Brian Sicknick lay in honor in the building he died defending, allowing colleagues and the lawmakers he protected to pay their respects and to remember the violent attack on Congress that took his life.

That’s false on its face, but it is the mythology the public and the Senators were fed in the weeks and days following the House impeachment. Here’s CBS: “‘Hero’: Lawmakers honor officer killed in US Capitol riot.”

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Ethics Hero: Trump Defense Lawyer Michael van der Veen

michael-van-der-veen-730x0

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

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

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

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

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

valentines-day-hearts-9

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

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

…I won’t. At least, not right now.

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

Biden diaplay

How nauseating.

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Regarding The Trump Defense “Fight” Montage

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

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

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

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

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

what-is-strict-liability

Comment of the Day auteur Glenn Logan (one of many at EA) has helpful thoughts about the intertwined issue of speech control/ racial epithets/ intent and political correctness. I’m behind on COTDs again, but jumped Glenn’s ahead in line because the blog has been active on related topics today.

Here is Glenn Logan’s Comment of the Day on Bret Stephens’ discarded op-ed and the post, “Ethical Quote Of The Month: Bret Stephens’ Critical Column About New York Times Cowardice And Hypocrisy That The Times Tried To Censor’:

This is an excellent inquiry into the current state of political culture. The left has discovered one of the things it has historically eschewed — the concept of strict liability, and the power it brings them to redefine the English language in America, and by extension, the political environment. For years, liberals have found crimes which didn’t consider intent offensive, and for good reason. Alas, it seems that is no longer the case.

At the risk of being pedantic, strict liability — for those who may not be aware — is a type of crime or regulatory violation where intent does not matter. The quintessential strict liability crime example is statutory rape, where violation of the statute requires no general or specific intent. Regardless of whether the violator knew, had reason to know, or intended to have sexual relations with a minor person, the fact he/she/xe/them did is all that matters.The word “nigger” has now become, in the world of the Left, a strict liability offense when uttered in any form and for any reason. More and more, this is also becoming true of descriptive constructions like “n-word, ” “n*****,” “n—–,” or “n_____.”

The recent incident with the Times shows just how successful this effort has become, and is sure to become a model for other words considered to be offensive at some fundamental level. There is no reason to believe the proponents of this new morality will be circumspect in this expansion, either.Using the power of the mob, the Left has found that they can circumvent the First Amendment by ginning up social outrage and placing pressure on companies to do what the law cannot — punish speech.

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Enforced Ideological Conformity: The Unethical Firing Of Gina Carano

Gina

Gina Carano, the actress who plays Cara Dune on Disney+’s “The Mandalorian,” was fired by Lucasfilm. I saw the note yesterday, and the company’s explanation which was that Carano’s

“…social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

From this I presumed that the actress had posted something that was racist or otherwise bigoted and hateful—constitutional speech, but not a public opinion that an organization dependent on widespread public favor is obligated to tolerate from its employees. Then today, I saw what she wrote, which was,

“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different than hating someone for their political views?”

She did not denigrate anyone based on their cultural and religious identities. LucasFilm’s statement is a lie, and indeed is very close to defamation. Carano should sue. Meanwhile, Pedro Pascal, who plays the Mandalorian in the same series, tweeted out this idiocy in 2018:

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A Line That Will Echo Through The Annals Of Legal Ethics And Technological Incompetence: “I’m Not A Cat”

Lawyer cat

I apologize for missing this wonderful story from last week.

In a civil forfeiture case hearing held via Zoom in Texas’ 394th Judicial District Court, Rod Ponton, a county attorney in Presidio County, Texas, couldn’t figure out how to turn off a filter he had somehow turned on. That filter made him appear to be a talking kitten.

“Mr. Ponton, I believe you have a filter turned on in the video settings,” Judge Roy Ferguson, presiding over the case, says with admirable restraint. “Augggh,” says. Ponton. “Can you hear me, Judge? I don’t know how to remove it. I’ve got my assistant here and she’s trying to.”

Then he adds, “I’m prepared to go forward with it. I’m here live” and “I’m not a cat.” “I can see that, ”Judge Ferguson replies.

Here’s the video:

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Ethics Observations On The Annoying Case Of The Lingering Christmas Decorations

Xmas lights-letter

Full disclosure: The Marshall Christmas tree is still up, though absent an unforeseen intervening event, today will be its last.

Long Island resident Sara Pascucci received a typed, anonymous letter a week ago reading: “Take your Christmas lights down! Its Valentines Day!!!!!!”

Her relatively elaborate decorations can be seen above, along with the obnoxious missive. As the Washington Post tells the story, Pascucci was especially upset by the letter because she had lost both her father and aunt in January “to” the Wuhan virus. We now know (or should know) that they may have died of something else entirely but with the virus rather than from or of the virus and would still be listed as pandemic casualties because the idea is to keep the public as terrified and malleable as possible. This is irrelevant to the story, but it drives me crazy. What the father and aunt died of is also irrelevant to the story, and in fact I don’t see any justification for including the information at all except as more pandemic-panic propaganda, which has been the news media’s mission for a year. If Pascucci’s father had died of complications following a stroke and her aunt was 105 and had died of an allergic reaction to peanut oil, do you really think that would have been included in the story?

But I digress…

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

Mtchell tweet

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

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

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