The Quest For A Positive Argument For A Donald Trump Presidency Continues: The Pathetic Professor Kesler

Searching

I am not a “Never Trump” advocate. I can conceive of a Presidential race that would force me to vote for Donald Trump, over, say, a Gorn, frightful Florida Congressman Alan Grayson, “Simple Jack” or Darth Vader. None of those, fortunately, are likely to be running in 2016, however, so the issue is moot. I have stated that there is no rational reason to vote for a candidate as undeniably unfit as Trump when the alternative is a candidate as undeniably as unfit as Hillary Clinton. Unlike Trump, Clinton does have positive features in her resume. As a Senator and former Secretary of State, she presumably has a passing comprehension of how the government works, and she comprehends the importance  of  public decorum and civility for a national leader, meaning that she knows that boasting about her penis or doing this…

Trump-Mocks-Disabled-Reporter-CNN-USA-Today

…is not remotely Presidential. Hillary’s positive features are, we all know, buried beneath the avalanche of her dishonesty, venality, incompetence and corruption,  but still, she has something. +1 beats – 1,606…even zero beats – 1,606.

Months ago, I challenged Trump supporters, Trump fans, Trump defenders and even Trump “oh come on, nobody is that bad”-ers to present a single, substantive, positive feature of Donald Trump that could justify voting for him as President. I have searched for and read alleged posts by professional pundits and others; I have listened to (until overcome with depression and nausea) Trump’s uniformly idiotic surrogates, and I have invited submissions. The results? Zilch. Nada. Bupkis.

“Hillary is evil!” is not a positive argument for Trump. Other submissions— “He’ll destroy the Republican Party, those collaborating traitors!”“I’m mad as hell, and I’m not going to take it any more!,” “He says what he thinks!,” “I hate political correctness!,” “He’ll stick it to the elites!” and the ever-popular incoherent grunt—are similarly non-responsive. I don’t think it is too much to ask, and the lack of any entry remotely meeting the modest requirements (the best so far is, “At least the news media might do their job with someone like him as President”) makes me more certain by the day that 1) I am correct to reject him and 2) that Gorn may not be so bad.

Clearly I am not the only one engaging in this quest. The Washington Post obviously searched under every rock to come up with an academic who would put his name on an op-ed last week titled “Why ‘Never Trump’ conservatives are wrong about Trump.”

He is Charles R. Kesler, a professor of government at Claremont McKenna College, and the editor of the Claremont Review of Books. My heart soared like a hawk when I saw the column:  Claremont McKenna is an excellent institution, and finally someone who does not communicate in howls, hocks and memes had written down a substantive argument to vote for Donald Trump!

But no.

Here, alas,  are his “substantive” points: Continue reading

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 2: McDonnell v. United States

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return...

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return…

Governor Bob McDonnell, Virginia’s Republican governor from 2010 to 2014, was charged with using his office to assist businessman Jonnie R. Williams Sr., who, often with Mrs. McDonnell as a conduit, gave his family wedding receptions, loans, vacations and jewelry worth more than $175,000. I wrote about this scandal here, here, and here. The gifts were legal, thanks to absurdly lenient Virginia ethics laws, just as they were obviously unethical, except perhaps to the clueless McDonnells.

Governor McDonnell arranged meetings for Williams and attended events with him. My favorite part of the criminal trial was when McDonnell claimed that he never dreamed that Williams expected anything in exchange for all of his gifts, and then Williams said that of course he expected some favors in return. The jury found that McDonnell’s actions amounted to corruption and a quid pro quo exchange amounting to bribery. A federal appeals court upheld the conviction.

The Supreme Court’s 8-0 decision this week to vacate the conviction upholds the principle that even if someone has done something obviously bad, there has to be a law against what was done before the act occurred in order to convict him. It’s a rather narrow decision. The Court points out that the law McDonnell was convicted of breaking requires “official acts” to be bought and sold for the law to be breached, but that all McDonnell did was hand out political favors to his “friend”: setting up meetings, communicating his favor, greasing the wheels, essentially. (Much is made of the fact that Williams didn’t benefit very much from any of this, which is just moral luck. It doesn’t make what the governor did any less sleazy.)

Wrote Chief Justice Roberts in his opinion for the unanimous Court: Continue reading

From The Appearance of Impropriety Files: Justice Scalia’s Hunting Trip

ScaliaCheney

A partyist, ignorant hack named Andrea Paysinger, who is banned from further commentary by the Ethics Alarms “too dumb and biased to contribute” rule, just wrote a comment to the Clinton-Lynch post making the typical ratioanalization-rotted argument that “all the brouhaha over this is ridiculous, childish on the part of all the RIGHT WING jerks who SAW NOTHING WRONG with JUSTICE SCALIA taking gifts and spending vacations PAID FOR by those who actually had cases coming up before SCOTUS AND NOT ONE FUCKING TIME DID HE RECUSE HIMSELF.”

I just love it when people accuse me of being a partisan hypocrite without bothering to check what I have written. As it happens, I wrote a great deal about Scalia’s infamous hunting trip, which I unequivocally condemned as creating the appearance of impropriety. (It was, however, factually less troubling than the Clinton-Lynch meeting, as Scalia and Cheney were never alone during the trip in question.) So for people like Andrea (though not Andrea herself, who won’t be able to get back on this site if she recruits an army of Myrmidons), I will hereby post the two Scalia essays, which currently reside only on the Ethics Scoreboard, now an archive of my ethics commentary prior to 2010.

Unfortunately, the site’s search function stopped working when I had to change platforms recently. If you want to check out the Scoreboard now, just use Google: type “Ethics Scoreboard” and the subject or topic. If there was commentary, you’ll find it.

To give due credit, Andrea did identify real hypocrisy on the Lynch issue. Many of the Democrats exposing themselves as corrupted by partisan bias by now trying to defend Lynch also furiously attacked Scalia’s appearance of impropriety. They—your idols, Andrea— have no integrity. I do.

Here was what I wrote about Scalia’s clear appearance of impropriety in 2004.

Good Judge Hunting: Antonin Scalia and the Cheney Case

Supreme Court Justice Antonin Scalia recently went hunting with Vice President Cheney, even as the Supreme Court prepares to rule on whether the documents pertaining to Cheney’s meetings with energy company officials regarding future US energy policies must be made public. This has led to critics calling for Scalia’s recusal from the case, on the grounds that the social contact renders his objectivity in the matter suspect. Scalia, feisty as always, denies this, and maintains that he is fully capable of ruling objectively.

And I’m sure he is, but that’s beside the point. In the case of judicial independence, it is often appearances that count, and because this is an issue particularly charged with partisan passions, the Supreme Court must avoid any hint that cronyism or personal loyalties are playing a part in the outcome of the legal showdown. Scalia should remove himself from the case.

Justice Scalia has pointed out that personal friendships between the justices and Washington leaders are commonplace, and that mere friendships among professionals should not raise the specter of favoritism or bias. Indeed, had Scalia maintained exactly the same collegial relationship with Cheney, but avoided the hunting trip, there would be no issue. But the outing conjures images of male bonding and frank talk by the campfire (lobbying, perhaps?), and if Justice Scalia were to rule Cheney’s way (and Scalia’s past opinions would suggest that this is likely), the legitimacy of the ruling would be, in the eyes of many, tainted. But there is more.

According to the L.A. Times, Scalia was flown to the hunting reserve on the small jet that serves as Air Force Two. That could be interpreted as a gift to a judge from a pending litigant. The trip has value, and judges are not supposed to accept things of value under circumstances where it calls their objectivity into question. This alone would justify a recusal. And there’s a “strike three.”

The Times reports that the reserve where the duck hunting took place is owned by Wallace Carline, the head of Diamond Services Corp., an oil services firm that is on 41 acres of waterfront property in Amelia, La. The company provides oil dredging, pile driving, salvage work, fabrication, pipe-rolling capability and general oilfield construction. There is no indication that he has a direct stake in the case, but he is an energy executive. So we have a Supreme Court Justice ruling on whether materials should be released regarding the input of the energy industry into national energy policy in meetings held by the Vice-President, after he spends a hunting trip with the Vice-President, who has also provided charter jet transportation, at a hunting reserve where he is the guest of an energy executive.

Come on, Justice Scalia. Continue reading

Attorney General Lynch, Meet The Appearance Of Impropriety! Funny, I Assumed You Were Acquainted…

Clinton Lynch

U.S. Government officers and employees are directed to avoid engaging in conduct  “creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. ” Some of those officers, like those who work in law enforcement and the justice system, shouldn’t require Executive Order 12674 – Principles of Ethical Conduct for Government Officers and Employees to know that the appearance of impropriety, including bias, favoritism, influence peddling and conflicts of interest, is unethical, since judges have a prohibition against creating such appearances in their codes of conduct no matter where their courts are located. They also know that as  professionals charged with making sure the rule of law works equitably and efficiently for all, rich and poor, high and low, the public trust is essential and indispensable. If the public doesn’t trust the fairness, objectivity, competence and wisdom  of those who enforce the law, then the public will not trust the law itself, and the rule of law, and democracy itself, will be threatened.

This is ingrained into every government lawyer’s hide, and so core to the principles of justice professionalism that the news that Attorney General Loretta Lynch met privately with  former President Bill Clinton this week just defies explanation. Supposedly President Clinton walked uninvited from his plane to her government plane, which were both parked on a tarmac at Phoenix Sky Harbor International Airport to chat.

Her only proper and ethical response to Clinton is undebatable:

“I’m sorry, Mr. President, but my Department is in the midst of investigating your wife, and it is crucial that the public does not detect any evidence of collusion or influence occurring, and observes no evidence that would cause it to question in any way the ultimate determination by Justice regarding any possible legal action. You certainly must understand my position…and by the way, since you do understand, what the hell are you doing here? Go! Now!”

She did not say this, however.

She met with him.

Game over.

Appearance of impropriety. Continue reading

Ethics Dunces (All-Star “Shut Up And Sing ” Edition): Cher, Lady Gaga, Britney Spears, Billy Joel, Paul McCartney, Jackson Browne,Nick Jonas, Sia, Zayn Malik, Barbra Streisand, Beck, Questlove, Pusha T, Ringo Starr, Sting, Ricky Martin, Lin-Manuel Miranda, Selena Gomez, Stevie Nicks, Michael Bublé, Melissa Etheridge, Trent Reznor, Kesha, Katy Perry, Tony Bennett, Yoko Ono…

Billborad letters

A couple hundred famous singers and musicians have banded together to sign a fatuous and misleading “open letter” to Congress dictating U.S. gun policy. The letter which is being used as a publicity gimmick by Billboard (and the stars, of course), reads:

As leading artists and executives in the music industry, we are adding our voices to the chorus of Americans demanding change. Music always has been celebrated communally, on dancefloors and at concert halls. But this life-affirming ritual, like so many other daily experiences—going to school or church or work—now is threatened, because of gun violence in this country. The one thing that connects the recent tragedies in Orlando is that it is far too easy for dangerous people to get their hands on guns.

We call on Congress to do more to prevent the gun violence that kills more than 90 Americans every day and injures hundreds more, including:

  • Require a background check for every gun sale
  • Block suspected terrorists from buying guns

Billboard and the undersigned implore you—the people who are elected to represent us—to close the deadly loopholes that put the lives of so many music fans, and all of us, at risk.

The letter is many things:

1. It is scaremongering nonsense. Gun deaths are way down, and the odds of any citizen being killed in a mass shooting is beyond minuscule. Based on 2015 statistics by the broadest definition, you have a 0.00000143% chance of getting killed in a mass shooting. These wealthy and privileged people, who often have bodyguards (with guns) have much less of a risk than that. Nothing is “now threatened.” We are safer from gun violence now than five years ago, ten years ago or 20 years ago. Continue reading

House Democrats Sit-In To Ignore The Fifth Amendment (Thereby Disgracing Themselves)

Sit in

When is it not a partisan act to condemn an entire political party and the followers who applaud it no matter what it does?

One example is unfolding before us: the Republican Party’s absence of sufficient integrity, principle and will to deny Donald Trump the party’s endorsement and nomination for President. It’s not a partisan act to condemn this. It is objective, rational, and responsible.

It is similarly objective, rational and fair to condemn the Democratic Party and its blind, knee-jerk followers for engaging in one of the most cynical, hypocritical and pandering displays in memory: the current “sit-in” to force the House to vote on anti-gun bills that unambiguously bypass the Fifth Amendment of the Constitution, denying American citizens their civil rights by government edict.

House Democrats, symbolically led by Rep. John Lewis, the elderly civil rights icon who seems now bent on making an ass of himself, have vowed to “occupy” the House Chamber until the no-fly list ban on gun purchasing is voted on, essentially shutting down that side of Congress.  For those whose brains are functioning, this is about as naked a display of political cynicism as we have seen, even topping Ted Cruz’s destructive government shut-downs.

Two days ago, it was Senate Democrats not Republicans, who voted down a bill that would have given the Justice Department power to block gun purchases by anyone on a terror watch list, provided that the government fulfilled its duty of  due process but going to court and satisfying to a judge  that the person on the list was there was a compelling reason to regard the citizen as a public threat. actually dangerous. That was the bill put forth by Senator Cornyn, a Republican. But Democrats could have the gun control provision they were screaming for be the work of that evil, NRA supported party, so it died in the Senate, 53/47, when enough Democrats voted against it to deny the 60 votes it needed for cloture.

Now the House Democrats are grandstanding and acting like children. Yesterday,  the House Democrats chanted from the floor: “I’m sick and tired of being sick and tired!” and “No bill, no break!” while the House remained in recess.

It is unconstitutional to allow the  federal government power to strip the rights from citizens who have been convicted of nothing without the protection of judicial safeguards.If there is any significant controversy about this, I can’t find it. The theory seems to be that because Democrats don’t like Second Amendment rights, they don’t count, somehow. You know, Democrats aren’t crazy about First Amendment rights either.  Perhaps this is why that liberal champion of long standing, the American Civil Liberties Union, opposes the no-fly bills as vehemently as the NRA. They opposed the Cornyn bill, the closest to one that acknowledges the Fifth Amendment, as well as the Democratic, “Due process? What is this due process of which you speak?” capitulations to hysteria, writing in a letter to Senators:
Continue reading

Unethical Headline Of A Week Of Unethical Headlines: Mother Jones

Senate vote

Almost Every GOP Senator Just Voted to Keep Letting Terror Suspects Buy Guns

You know, I just had an astounding and depressing exchange with a knee-jerk Democrat friend, who reacted to my Facebook post pointing out that CNN’s fake legal expert Ashleigh Banfield—who hosts a show called “Legal Views” and not only isn’t a lawyer, but can barely spell “Constitution”—displayed her rank ignorance once again by expressing amazement that anyone could possibly object to a law banning those placed without due process on a secret list, based on mere suspicion, from buying a gun. It’s called the Fifth Amendment, Ashleigh, you smug incompetent fool–read it. My friend’s response to this utterly factual post was the non sequitur that SCOTUS refused to review a lower court decision upholding a Connecticut law banning semi-automatic rifles. “The Supreme Court disagrees with you,” he wrote.

Huh?

You see, the left is deranged and incoherent on this issue. Totally bats, with principles draining out their ears. Because I object to breaching the core Constitutional principle of due process for any purpose–like every American should; it’s not a partisan issue—he “reasoned” that I must therefore believe that there is a right to own semi-automatic weapons. In fact, I have no position on that and didn’t mention it anywhere in the post. But, you see, good little gun-hating zealots like him believe that if you understand that Guns BAD, you must naturally approve of gutting the rule of law and the Constitution to restrict the sale of guns.  If you won’t happily gut the Fifth Amendment, you must be a gun nut.

The ends justify the means for these people. Constitutional principles only apply to good progressives and their favorite rights. Continue reading

Ethics Dunce: ESPN

protest-mizzou

ESPN has announced it will give the University of Missouri (MU), a.k.a Mizzou, football team a special humanitarian award in July to honor the team for its strike  in 2015. You know the one, right?  If you did, then you are probably retching.

This was the Black Lives Matter-esque fuse that caused over a hundred universities to explode in racial unrest and cave in to pressure from black student groups to yield to demands supposedly addressing various imagined, concocted or politically exploited race-related problems on campuses, ranging from microagressions, to inadequate race-consciousness, to unidentified people saying mean things.

That last, in fact, was what caused the Mizzou foolishness. There, three unrelated episodes caused the “crisis”:

  • Payton Head, MU senior and president of MSA,  published a Facebook saying that he was walking around campus when the passenger of a pickup repeatedly shouted the “nigger at him.

No one confirmed his claim.

  • The Legion of Black Collegians posted on social media that the group was rehearsing for a performance at the University’s Traditions Plaza when a “young man” talking on his cellphone walked up to the group, was politely asked to leave, and hurled “racial slurs” at LBC members.

Was he a student? Nobody knows.

  • Someone draw a swastika using human feces inside Mizzou’s Gateway Hall.

Funny, I think of the swastika as an anti-Semitic symbol, not anti-black one, but hey, whatever it takes, right?

None of these involved perpetrators who were identified, or who were shown to be students. None of them  were remotely within the control of the University; nor were they coordinated in any way.  Black groups on campus, however, harassed the school’s president, Tim Wolfe,  and demanded that he resign. A black graduate student began a hunger strike, promising to forgo all food and nutrition until Wolfe was ousted. Finally, black University of Missouri football players announced that they would not participate in team activities or games until the university yielded to various demands, including Wolfe’s dismissal. The coach and the rest of the team backed the black players, and the university caved.

In addition to sparking many other conflicts on other campuses, disrupting students’ education, making U.S. ccolleges look like the inmates were running the asylums (because they were) and increasing racial tensions, the episode had the effect of  causing a huge drop in enrollment that has cost Mizzou about $32 million.

Isn’t that great?

Good job, everybody!

Apparently ESPN think so, anyway. Continue reading

From The Man Who Would Be President, And Who Thinks That Rationalizations Are Cogent Arguments, A Perfect #22

22

Just two weeks ago, I breathlessly announced that Former Secretary of State Madeleine Albright, against all odds. had pulled into a lead over Donald Trump for the 2016 Unethical Rationalizations Championship by giving us a perfect #22, the worst rationalization of them all. That’s this one:

22. The Comparative Virtue Excuse: “There are worse things.”

If “Everybody does it” is the Golden Rationalization, this is the bottom of the barrel. … It is true that for most ethical misconduct, there are indeed “worse things.” Lying to your boss in order to goof off at the golf course isn’t as bad as stealing a ham, and stealing a ham is nothing compared selling military secrets to North Korea. So what? We judge human conduct against ideals of good behavior that we aspire to, not by the bad behavior of others. One’s objective is to be the best human being that we can be, not to just avoid being the worst rotter anyone has ever met.

Behavior has to be assessed on its own terms, not according to some imaginary comparative scale. The fact that someone’s act is more or less ethical than yours has no effect on the ethical nature of your conduct. “There are worse things” is not an argument; it’s the desperate cry of someone who has run out of rationalizations.

Now, Donald Trump never runs out of rationalizations; as I wrote in the Albright post, “Trump is capable of hitting the entire list of rationalizations, all 68 of them (including the sub-rationalizations) given the opportunity.” He also rose to the challenge posed by Albright quickly, for he not only gave America a Full 22, he did so in the context of arguing for an unconstitutional government breach of First, Second, and Fifth Amendment rights on a massive scale! Bravo!

On Face the Nation  yesterday, talking about the Orlando shooting,  this idiot—sorry, sorry!—Mr. Trump said..

“Well I think profiling is something that we’re going to have to start thinking about as a country.Other countries do it, you look at Israel and you look at others, they do it and they do it successfully. [DINDINGDINGDINGDING! There are two more rationalizations right there:#1, Everybody Does It, and  #3, Consequentialism, or  “It Worked Out for the Best”! I mean,this guy is a rationalization machine! ] And I hate the concept of profiling but we have to start using common sense and we have to use our heads. It’s not the worst thing to do.” Continue reading

Ethics Quote Of The Week: Popehat Lawyer/Blogger/Individual Rights Defender Ken White, Saving My Head

Duct tape doesn't work. Ken White's candor does.

Duct tape doesn’t work. Ken White’s candor does.

“What the Democrats are really saying is, ‘Because this restricts gun rights, we don’t give a shit. And before, to be honest, the Republicans and most of the Democrats would say, ‘Because this is related to terrorism, we don’t give a shit.’ I’m disgusted with them all.”

California lawyer and former federal prosecutor Ken White, the erudite, occasionally vulgar, clear-eyed and courageous head blogger at Popehat, sparing no venom in describing the current push by Democrats to allow the government to remove a citizen’s Second Amendment rights based on suspicion only.

Thank heaven, not for the first time, for the great Ken White. I had just turned off CNN this morning in an effort (successful!) to keep my head from exploding after watching CNN’s Alisyn Camerota, David Gregory and others disgrace themselves; they were all calling the unconstitutional bill allowing the Feds to take away the right to purchase a gun of those the FBI has placed on the “no-fly list,” now being supported by Democratic Senators Diane Feinstein of California, Chris Murphy of Connecticut and Joe Manchin of West Virginia, “mild,” and “reasonable,” while noting that “some conservatives” had raised “due process concerns.” Really? Those bloodthirsty, gay-hating, child-hating, gun-worshiping conservatives think that allowing the government to remove Constitutional right unilaterally based on their suspicion alone violates the Fifth Amendment? What’s the matter with them?

Then, just in time, as I felt a deep ominous, rumbling inside my skull that reminded me of Sensurround, I read Ken’s bullseye of a quote, which came in an interview and not in a Popehat blog post, here. Continue reading