Ethics Dunces

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

/ Jack Marshall / 21 Comments

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading →

Morning Ethics Warm-Up, 10/7/2017: A Salute, A Disgrace, An Idiot, And An Asshole

/ Jack Marshall / 17 Comments

Good Morning!

1  I want to take a moment to salute the commenters here for a remarkable performance the past week regarding the re-emergence of the gun control debate following the Vegas Strip massacre. There have been a staggering 664 comments (so far) on the topic in various threads, two Comments of the Day (and another couple soon to be published), and a rare guest post. The level of discourse has been overwhelmingly high, and the sophistication and variety of opinion has been exemplary. Through all of this, there has been little of equal quality from the mainstream media and its pundits, while the quality of opinion and debate on television and from elected officials has been only slightly above the “Do something!” level still flourishing on Facebook. (I’m going to my Facebook feed now to pick a recent example. Let’s see…here’s one! This is a representative segment of the comments on this story on Mediaite, admittedly an especially dumb one, about MSNBC political analyst Steve Schmidt telling Bill Maher , among other simple-minded observations, that only seem relevant to the anti-gun hysterics, that  it is “harder to buy cough medicine than it is to buy an AK-47 or 50 of them”…

This guy is an idiot. Tell him to go buy cough syrup, then go buy an AK and come back in an hour and see what he has. I bet it would only be cough syrup.

is it in a liberal’s nature to murder unborn babies? just askin

It’s a birth control device for them.

Awww, you need attention

And you gave it

I live in your head

Why so many?

ZZZZZZZZZZZZZ

Heroin is against the law, and yet we have a heroin epidemic. Automatic weapons, like the AK-47, are against the law and yet Steve Schmidt says they easier to get then cough syrup with codeine. He doesn’t even see his idiocy.

False equivalencies to justify your need to compensate, boring.

Well, you can get a semi-automatic one, but it’s a far cry from a military-grade automatic.

The left has issues with their vision. The unicorns that roam the landscape crapping skittles and pissing perfume block their view, I guess.

Damn you really are a mental nut case

Ugh.

Thank you, everybody.

You do Ethics Alarms proud..

2. In the category of “This is so obviously incompetent that I should have to write about it“  The IRS awarded a sole source $7.25 million contract to Equifax to verify taxpayer identities and help prevent fraud. This was after the credit company negligently allowed the personal data of millions of Americans to be hacked. The excuses being offered by the agency are hilarious. IRS officials claim they were forced by circumstances to issue the no-bid multi-million dollar contract to Equifax. The GAO calls this baloney. The IRS argued, in a letter to Congress, that the IRS  it was unaware of any fraud related to the company’s data breach.  No, it’s just that Equifax was incompetent and negligent to an inexcusable extent that ought to be criminal. Another defense offered by the IRS:  most of the data hacked by Equifax had already been revealed in previous corporate breaches, such as those at Target and Anthem.  WHAT? That’s like saying you are a trustworthy nanny because the child you let get run over by a car was already dying of cancer.

From Politico:

Lawmakers on both sides of the aisle blasted the IRS decision.

“In the wake of one of the most massive data breaches in a decade, it’s irresponsible for the IRS to turn over millions in taxpayer dollars to a company that has yet to offer a succinct answer on how at least 145 million Americans had personally identifiable information exposed,” Senate Finance Chairman Orrin Hatch (R-Utah) told POLITICO in a statement.

Ya think?

A. Cancel the contract.

B. Fire the head of the IRS and anyone in the chain responsible for this decision. Continue reading →

Ethics Dunce: The Dr. Seuss Museum

/ Jack Marshall / 52 Comments

The fanatics who pollute the left end of our political spectrum apparently have no limits to their purges, political correctness tantrums, grandstanding, bullying, and efforts to warp the past, present and future. To fit their rigid view of a “just” culture, they have begun demanding that the cultural landscape must constantly be cleansed; no real or imagined discomfort to sensitive progressive souls can be permitted to survive in art, history, literature or the public square.

Since even their worst excesses are cloaked in self-righteousness and the Saint’s Excuse, what this requires of the rest of us—you know, those who have perspective and proportion, believe in diversity of thought, and object to airbrushing reality out of the nation’s palette—to have the courage and integrity to say, “No.”

Sometimes “Hell no.”

The directors of the new Dr. Seuss Museum in Springfield, Massachusetts lack these and other necessary markers of ethical character and responsible citizenship. Thus when three prominent children’s authors who had been invited to attend the Children’s Literature Festival at the Seuss Museum to be held on October 14 threatened to boycott the event because the above mural, painted to replicate a scene from Dr. Seuss’s “And to Think That I Saw It on Mulberry Street,”  was, they claimed, offensive, the museum cravenly excised that section of the painting.

Mo Willems, Mike Curato and Lisa Yee issued a public letter condemning the drawing as a “jarring racial stereotype… with chopsticks, a pointed hat, and slanted slit eyes.”

“We find this caricature of ‘the Chinaman’ deeply hurtful, and have concerns about children’s exposure to it,” they wrote.

If the directors possessed comment sense, principle or the backbone God gave a guppy, they would have written back,

“We are sorry you cannot attend, and also that you are so enamored of political correctness grandstanding that you would unjustly insult Theodore Geisel, his work, his millions of fans, and this museum by your false and hysterical characterization. We do not engage in censorship here, nor do we accept presentist slurs on past art that involve retroactively applying modern sensibilities or hyper-sensitivities, to classic works that are decades old.”

There is nothing racially jarring about Geisel’s painting of a “Chinaman” except to someone already looking for offense. Dr. Seuss’ drawings can be fairly termed cartoons. The definition of a cartoon is “a simple drawing showing the features of its subjects in a humorously exaggerated way.”  What are these juvenile children book authors asserting…that all cartoons are racially insensitive? That only cartoon of non-whites are offensive?

Let’s look at the offensive figure again: Continue reading →

Morning Ethics Warm-Up, 10/6/17: Pigs And Hypocrites

/ Jack Marshall / 15 Comments

Good Morning!

(and thank heaven THAT week is over with…)

1 There will be a full post on the Harvey Weinstein matter later today, but let’s get his vomit-inducing statement to the Times out of the way. If you are late to this party, Weinstein has been a powerful Hollywood producer and power-broker for decades, as well as a high profile supporter of the Democratic party, the Clintons, and Barack Obama. In a New York Times exposé yesterday, he was also revealed as a serial sexual abuser and harasser, whose conduct and cover-ups his industry and the politicians who received and accepted his checks were almost certainly aware of. More of that later; let’s look at the mogul’s response to the Times story. You can read the whole nauseating thing here. I’ll focus on these lowlights…

I came of age in the 60’s and 70’s, when all the rules about behavior and workplaces were different. That was the culture then. I have since learned it’s not an excuse, in the office – or out of it. To anyone.

Sexual harassment has been unambiguously condemned in our law and culture for more than 30 years.  This is a weak “Everybody used to do it” excuse. When did he “learn” it’s not an excuse? If he knows it’s not an excuse, why is he offering it as an excuse?

My journey now will be to learn about myself and conquer my demons. Over the last year I’ve asked Lisa Bloom to tutor me and she’s put together a team of people. I’ve brought on therapists and I plan to take a leave of absence from my company and to deal with this issue head on. I so respect all women and regret what happened. I hope that my actions will speak louder than words and that one day we will all be able to earn their trust and sit down together with Lisa to learn more.

I don’t even know how to describe this, except that more blatant BS I have seldom read in my life.  Who is supposed to be convinced by such transparent “Damn! I’m caught! How can I pretend I’m sorry?” blather?

Here’s the pièce de résistance, though: Continue reading →

Morning Ethics Warm-Up, 10/5/2017: Stupid Quotes Edition…Plus “Catalexit”

/ Jack Marshall / 53 Comments

Good Morning!

1 The Las Vegas Strip massacre has triggered so many dumb and unethical quotes flying around on social media and out of the mouths of elected officials that it’s hard to keep up: any of them could sustain a full post.

  • Here’s one from Gloria Steinem, quoted approvingly by a feminist Facebook friend:

“How about we treat every young man who wants to buy a gun like every woman who wants to get an abortion — mandatory 48-hr waiting period, parental permission, a note from his doctor proving he understands what he’s about to do, a video he has to watch about the effects of gun violence, an ultrasound wand up the ass (just because). Let’s close down all but one gun shop in every state and make him travel hundreds of miles, take time off work, and stay overnight in a strange town to get a gun. Make him walk through a gauntlet of people holding photos of loved ones who were shot to death, people who call him a murderer and beg him not to buy a gun.It makes more sense to do this with young men and guns than with women and health care, right? I mean, no woman getting an abortion has killed a room full of people in seconds, right?”

Wow.

First, we learn that no matter what the human tragedy, all some activist can think of is how it can further their own single issue obsession. With Gloria, that single issue abortion, even though there are no helpful or intellectually honest comparisons to be made between guns and abortions. Second, we learn that Gloria never grasped the old “two wrongs don’t make a right” concept.  The various abortion-blocking measures she alludes to are all unethical and unconstitutional interference with a Constitutionally protected right, but she would joyfully inflict them on citizens trying to exercise their rights, because she doesn’t care about those.

  • This one is more surprising and depressing: Matthew Dowd, a regular on ABC’s Sunday morning round-tables with George Stephanopoulos,  meaning that he is presented as competent, historically informed, and trustworthy, actually tweeted,

“2nd amendment was all about having a militia available to protect the government from threat foreign or domestic w/out a standing army.”

This is not just wrong, but spectacularly and inexcusably wrong. Dowd is either lying, ignorant, or unable to process information. His nonsense has been used by anti-gun fanatics for decades, but the Supreme Court and the vast majority of Constitutional scholars reject it, concluding that the Bill of Rights, which all focus on individual rights that cannot be taken away by the government, would not include as #2 provision endorsing militias and nothing more.

The tweet should disqualify him from commenting on any gun policy issues from now until the stars turn cold.

  • I decided that Rep. John Lewis (D-GA) has already been exposed enough on Ethics Alarms this year (as a result of his unethical and divisive boycott of President Trump’s inauguration) that I don’t need to hand him another Ethics Dunce, but this rant delivered during an appearance on MSNBC’s “Hardball” (which network has been more shameless in anti-gun ravings, MSNBC or CNN? Tough call…) is certainly worthy of the award:

“The American people will not stand to see hundreds and thousands of their fellow citizens mowed down because the lack of action on the part of the Congress…We have to do something…The time is always right to do what is right. We waited too long. How many more people will die? Would it be a few hundred? A few thousand? Several thousand? We have to act. We cannot wait.”

This should be enshrined in the “Do something!” Hall of Fame. Lewis never hinted at what exactly will end gun deaths, just that Republicans and the NRA are responsible for not doing it. This is pure demagoguery and designed to mislead and inflame his party’s Second Amendment hating base. “We have to act! We cannot wait!” Continue reading →

Morning Ethics Warm-Up, 10/4/2017: Trump At His Worst, Justice Ginsburg At Her Worst, The Times At Its Worst…Yechhhh.

/ Jack Marshall / 59 Comments

Maybe THIS will be good morning…

1  When I kept reading rants about President Trump’s comments in Puerto Rico, I naturally assumed this was just more of the same: the Trump Deranged seeking out the worst possible interpretation of his words to justify going on another orgy of Trump-Hate. Unfortunately, his remarks were arguably even worse than his critics made them sound. Ugh. Trump’s body language and tone were antagonistic from the start. The man couldn’t control his resentment of the flack he received, much of it unfair, from the mayor of San Juan, so he had a chip on his shoulder, and expressed his annoyance by being petty, arrogant, callous and insulting. It was embarrassing to watch it.

The man is an asshole. This is not news. Now and then I nurture hopes that he will learn, as other Presidents who were assholes—there have been many—have leaned, to suppress the worst of their proclivities in public. Doing this is in the best interests of the nation, and also is crucial to maintaining the power and influence of a Presidency. A display like this is like a face full of ice water for me.

I am officially certifying the Trump Presidency Ethics Train Wreck.

I agree: I’m about 9 months late.

2. Appearing before an audience at New York City’s 92nd St. YWCA, Justice Ruth Bader Ginsburg was asked by CBS journalist Charlie Rose whether she thought sexism played a role in the presidential election results. She responded that anti-female bias was “a major, major factor” in Clinton’s defeat. As Jonathan Turley, who has repeatedly criticized this and other Justices for for making political statements that undermine the credibility and trustworthiness of the Supreme Court, takes pains to explain, this claim is unsupportable, except in Hillary Clinton’s tortured brain:

Hillary Clinton and her key aides have blamed the election in part on self-hating women who would not vote for Clinton — dismissing that women could have entirely independent judgment rejecting Clinton on the merits.  Indeed recent polls show that Clinton would still lose to Trump despite his unpopularity with many voters.  According to the New York Times, Clinton carried only 54 percent of the female vote against Donald Trump. However, nearly twice as many white women without college degrees voted for Trump than for Hillary and she basically broke almost even on college-educated white women (with Hillary taking 51 percent). Trump won the majority of white women at 53 percent.  Clinton’s continued criticism of women as being self-haters was denounced recently as itself a sexist argument.  In an interview with Vox, Clinton said white women just do what men tell them to do:

“All of a sudden, the husband turns to the wife, ‘I told you, she’s going to be in jail. You don’t wanna waste your vote.’ The boyfriend turns to the girlfriend and says, ‘She’s going to get locked up, don’t you hear? She’s going to get locked up. Instead of saying, ‘I’m taking a chance, I’m going to vote,’ it didn’t work.”

It is not hard to imagine what the response would have been to someone else dismissing female voters as just a bunch of clinging mindless voters following the directions of their men.  

Never mind: Ginsburg got her seat on the Court by being a woman’s issues advocate, and feminists have to bolster the narrative even when it is utter garbage, as this one is. She’s in her eighties, and clearly is well-into the “I don’t give a damn” phase of life. One of the things she apparently doesn’t give a damn about is judicial ethics.

The correct answer to Rose’s question, the George Washington University law professor points out, was “to say that justices do not, and should not, hold forth on political issues.”

Bingo.

3. It has come to this: Yesterday, the New York Time’s editorial was headlined “477 Days. 521 Mass Shootings. Zero Action From Congress.” It consisted of calendar graphs that claimed, for example, that there were 27 mass shootings in September, and implied that action from Congress could have reduced the number.

Here is an op-ed the same paper in December of 2015, before the Times went completely nuts and abandoned all semblance of responsible journalism:

At Mother Jones, where I work as an editor, we have compiled an in-depth, open-source database covering more than three decades of public mass shootings. By our measure, there have been four “mass shootings” this year, including the one in San Bernardino, and at least 73 such attacks since 1982.

What explains the vastly different count? The answer is that there is no official definition for “mass shooting.” Almost all of the gun crimes behind the much larger statistic are less lethal and bear little relevance to the type of public mass murder we have just witnessed again. Including them in the same breath suggests that a 1 a.m. gang fight in a Sacramento restaurant, in which two were killed and two injured, is the same kind of event as a deranged man walking into a community college classroom and massacring nine and injuring nine others. Or that a late-night shooting on a street in Savannah, Ga., yesterday that injured three and killed one is in the same category as the madness that just played out in Southern California.

While all the victims are important, conflating those many other crimes with indiscriminate slaughter in public venues obscures our understanding of this complicated and growing problem. Everyone is desperate to know why these attacks happen and how we might stop them — and we can’t know, unless we collect and focus on useful data that filter out the noise.

Now the New York Times wants to contribute to the noise.

4. The Times’ biases have their uses, of course. They sometime blind reporters to what their own stories actually tell us, thus letting some ugly cats out of the bag for all to see and smell. There is this article, for example,  in which various film-makers and academics discuss how to employ mass-distribution films to change public opinion regarding climate change with.

The article is endorsing indoctrination and propaganda, without ever acknowledging that this is what it is really being discussed. You know, like “The Triumph of the Will.”

The ignorant sheep-like public must be led to believe what we believe, because that is what will result in the greater good. We have a shining example of the danger to democracy when entertainment, popular culture and media are committed to one political ideology.

Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…

/ Jack Marshall / 159 Comments

Good Morning.

1 The reaction of the anti-gun forces is so depressingly predictable, the arguments being put forth are so well-worn, the demonization of those who comprehend the importance of the Second Amendment so shameless and the misrepresentations are so familiar. I am considering just ignoring it this time, and referring anyone to the copious essays already written here tagged with Sandy Hook Ethics Train Wreck. Maybe I should just re-publish them after using a search and replace to switch Sandy Hook and New Town with “Las Vegas Strip.”  I’m sure in future months we can look forward to testimony at various legislative hearings by family members of the slain and wounded, as our elected officials, as usual, choose to use emotion, sentiment and grief to ram through legislation that they could not and cannot justify if the public’s attention isn’t distorted. I was on the road most of yesterday: has Hillary shot off her mother yet? Obama? Piers Morgan? Jimmy Kimmel? Diane Feinstein? I honestly haven’t had a chance to check. How quickly did some predictable Ethics Alarms commenters use the tragedy to start attacking gun ownership? By the time I finish the Warm-Up, I’ll probably know. I’ve made a few wagers with myself…

2.  Fake news, hoax postings and irresponsible rumor-mongering was rampant after the shooting. Is there any point in noting that ISIS, with its apparently false claim that this was one of its terror attacks, is unethical?  How about 4chan, which deliberately pinned the crime on the wrong man, and habitually inaccurate conservative websites like The Gateway Pundit, which circulated the lies? Twitter users with the character of poorly raised reptiles also got in on the fun: From the New York Times:

In a telling exchange, Gianluca Mezzofiere of Mashable reached out to the operator of one Twitter account sharing misinformation and reported the following:

Mashable reached out to the troll to ask why he’s spreading misinformation during such a critical time.

“I think you know why,” he replied. “For the retweets :)”

When Mashable pointed out that it’s unethical to spread misinformation when people are desperately looking for their missing family and friends, he just said: “You are right I’m sorry.”

“Jack Sins” said he chose TheReportOfTheWeek (aka Reviewbrah) just because he’s a meme and tweeted Johnny Sins because he “is a living legend.”

Asked whether he’s done it before and whether he’d do it again, he replied:

“Yes and maybe.”

Continue reading →

Now THAT’S Defamation…

/ Jack Marshall / 10 Comments

I don’t know what is so hard to grasp about the concept of defamation. The idea is that one must not assert as fact something about a person that is demonstrably false and that holds that person up to public ridicule or hostility, harming their reputation. It is easily distinguishable from opinion: it must be published “with fault,” meaning as a result of negligence (asserting a “fact” without checking that it is true) or malice (with the intent of harming someone’s reputation). Why is that difficult? I don’t know. This guy, however, really doesn’t understand defamation, and he was a radio talk show host. That’s like not understanding snakes and becoming a snake charmer. Yes, the ethics value being missed here is competence.

New Hampshire radio talk show host Michael Gill (above)  used billboards, his website and his radio show called “State of Corruption Radio” to call local businessmen, among other things, heroin dealers. A typical broadcasts included quotes like this:

“Now I told you, and I’ve been telling you, the heroin dealers are in this state are Anagnost and Crews. Now who are these people? Well a couple of the wealthiest men in our state. That’s how they got wealthy, okay? They have a warehouse. I brought this up. We had witnesses, distributing and unloading drugs and machine guns from trucks.”

Wait, what? Didn’t this guy have a lawyer? Didn’t the station have a lawyer? Any lawyer within hearing distance of a broadcast like that had a duty to rush to the station, break into the studio, and stuff a wadded up sock in Gill’s mouth. Continue reading →

Morning Ethics Warm-Up, 9/30/2017: The Price Is Wrong, Traveling Men The Trump Cabinet,And The Return Of “Will & Grace”

/ Jack Marshall / 34 Comments

Good Morning!

1 Under pressure from President Trump, who shouldn’t have appointed him in the first place, Health and Human Services Secretary Tom Price resigned  yesterday. He, along with other Trump officials, was under Congressional scrutiny for using expensive charter and military flights unnecessarily, costing taxpayers at a time when the administration is supposedly watching the budget. Under Federal Travel Regulations, officials are told to take the “most expeditious” means of transportation which “by no means should include personal use,” Chairman Trey Gowdy and ranking member Elijah Cummings had written to  letter to Price, 23 other agency heads, and the White House. Price has spent more than $400,000 on taxpayer-funded private jet travel since May.

Price’s abuses included a $17,760 round trip on a charter jet to Nashville, where the HHS Secretary stayed less than six hours, including lunch with his son. The day before he resigned and a day after the President publicly expressed displeasure over the travel abuses, Price had apologized. “Today, I will write a personal check to the U.S. Treasury for the expenses of my travel on private charter planes. The taxpayers won’t pay a dime for my seat on those planes,” Price said in a statement, adding that he will no longer take private planes while serving as Secretary. “No exceptions.” This was deceit, however. The repayment was just $51,887.31, a fraction of the true cost to the government. That was, as Price said, the cost of  the secretary’s “seats” if had flown commercial.

Price is not the only Trump official whose travel practices and expenditures raise at least the appearance of impropriety, but if one had to be the symbolic whipping boy, Price was a great choice. He was also my choice back in January for “Trump Cabinet Appointee Most Likely To Make Money Off Of His Position.” In a post expressing disgust at Price’s appointment, I wrote,

“Last year, Price purchased shares in Zimmer Biomet, a medical device manufacturer right before he introduced  legislation that would have directly benefited the company. Price bought between $1,001 to $15,000 worth of shares in the company last March, and then, less than a week after the transaction,  introduced the HIP Act…to delay until 2018 a regulation that industry analysts believed  would significantly hurt Zimmer Biomet, one of two companies most affected by a regulation that limits payments for joint implant procedures. Not only did Price have a financial stake in the regulation he tried to stall,but after Price introduced  his bill, Zimmer Biomet’s political action committee donated to the Georgia congressman’s reelection campaign.”

2. Losing one arrogant, travel-abusing high official may not be enough. It’s an interesting problem: is it fair to make one miscreant the focus of abuses that involve many? No; it’s also not practical, and therefore not responsible, to behead a significant portion of the Executive Branch because oversight was lax and an unethical culture had been allowed to take hold. I think Veterans Affairs Secretary David Shulkin would be an excellent and deserving candidate to join Price as metaphorical head on a pike.

Shulkin took a 10-day trip to Europe this past July, for meetings with Danish and British officials about veterans’ health issues. He treated much of the trip as a vacation, taking in a Wimbledon championship tennis match, touring Westminster Abbey and taking a cruise on the Thames with his wife, whose expenses were also paid for by you and me. The federal government paid for the commercial flights for Shulkin and his wife, and provided a per-diem reimbursement for their meals and other expenses. How did Mrs. Shulkin rank reimbursements and taxpayer-funded airfare? A VA spokesman explained that she was traveling on “approved invitational orders” and had “temporary duty” travel expenses.

In other words: “Huminahuminahumina…” Continue reading →

Morning Ethics Warm-Up, 9/28/2017: Late For My Ethics CLE Seminar Edition!

/ Jack Marshall / 121 Comments

 

GOOD MORNING!

1 Incredible! The stupid NFL Anthem Protest Ethics Train Wreck is still dominating the newscasts this morning. Now football fans are organizing boycotts and burning NFL merchandise. Meanwhile, I heard a quick exchange this morning where an advocate for “The Knee” insisted that “it’s not about the National Anthem” and the retort was, “If it’s not about the National Anthem, why is the protest during the National Anthem?” Good question. The Ethics Alarms Protest Checklist could have prevented this whole mess. That, or the simple responsible act of the NFL telling its players that they were free to make whatever political statements and protests they chose, out of uniform and as private citizens, but when they attempted to do so on the NFL’s time, on the field, the they were doing harm to the team, the league and the game.

2. Speaking of tribalism, what can you call Michelle Obama’s statement encouraging gender bias (as long as it is favor of the right gender) with her statement that “Any woman who voted against Hillary Clinton voted against their own voice”? I’ll give the former First Lady credit, though: she has always been a hard left demagogue, but for the most part completely avoided venting these views while her husband in office. That was prudent, appropriate and wise.

3. Why does the President keep saying that the U.S. is the most heavily taxed nation in the world? This has been debunked over and over. Has no one told him?

4. Conservative news sources and blogs are thrilled that ex-CIA agent Valerie Plame, the central figure in a false Democratic narrative concocted to embarrass the Bush Administration, embarrassed herself by tweeting anti-Semitic sentiments. Alan Dershowitz explains her conduct in excruciating detail here, but Plame is a non-entity. The Right’s obsession with is story is pure revenge. She’s not important, the Plame Affair is not only old news, but also an event that not one in 10,000 Americans could explain if their lives depended on it, and the fact that one woman whom Democrats tried to make into a martyr over a decade ago for partisan gain is a bigot just isn’t news.

5. Ugh—late for my seminar!