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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Post Impeachment Trial Fiasco Ethics Notes

How’s that unity and no divisive rhetoric theme working out for you, Democrats? Joe? Both Senator Schumer and Nancy Pelosi insulted the Republican Senators who voted against conviction in their post-acquittal remarks. What happened to respecting good faith disagreement among colleagues? When Bill Clinton, who had, unlike President Trump, committed impeachable crimes, was acquitted by a straight partisan vote, no Republican leaders impugned the judgement or “morality” of the Democrats who chose to ignore a President of the United States engaging in conduct that would get any lawyer in the country disbarred for lack of trustworthiness, honesty and integrity. Comity, you know. Respect. Professionalism.

***

And so it begins...Senator Lindsay Graham suggested that a GOP majority in the House might well decide to adopt the precedent set by the Democrats and impeach, for example, Kamala Harris. Talking to Chris Wallace on Fox New, he mused.

“If you use this model, I don’t know how Kamala Harris doesn’t get impeached if the Republicans take over the House. Because she actually bailed out rioters and one of the rioters went back to the streets and broke somebody’s head open. So we’ve opened Pandora’s Box here and I’m sad for the country.”​

Tit for tat! Revenge! Who could have predicted that?

***

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Ethics Hero: Trump Defense Lawyer Michael van der Veen

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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!”

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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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One Acquittal, Three Quotes, Four Reactions

Trump acquitted

Former President Trump was acquitted in the second impeachment trial stemming from the Democrats’ relentless effort to remove him from office after his shocking election in 2016. In both efforts, the two-thirds super-majority necessary to convict was always impossible, because unlike previous impeachment efforts, these involved no crimes, and were not bi-partisan . They were exercises in pure partisan warfare, despite the contrary intent of the Founders and the flood of exaggerated rhetoric from Trump’s enemies who had presumed he needed to be impeached from the moment he was elected.

The sudden vote yesterday came as a surprise, as the Senate had just voted to allow witnesses in the “trial,” and that would have extended the fiasco considerably. I assume, without knowing, that the Democratic leadership finally figured out that its plot wasn’t working, and that it was time for the party to cut its losses. They might still be considerable. I hope they are considerable. This has wounded the nation badly, and the party that has blathered on about accountability needs some, and hard.

Republican Senators Richard Burr of North Carolina, Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Patrick Toomey of Pennsylvania voted guilty along with every Democrat. Interestingly, only two of the seven have a law degree, which may partially explain why they think a guilty verdict is defensible (it’s not.) The two lawyers, Romney and Murkowski, are barely Republicans and have been consistently anti-Trump. The fact that not a single Democrat had the integrity to buck the party’s mandate and oppose such a damaging precedent and such a dubious impeachment tells us all we need to know about the state of the current Democratic Party.

Now, three quotes following the vote:

Quote #1: From law professor and blogger Glenn Reynolds:

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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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Morning Ethics Warm-Up, 2/10/2021: Happy Birthday, Jimmy! [UPDATED!]

Jimmy Durante was born on this day in 1893 (“The Snozzola” died 87 years later, in 1980. He’s a semi-regular around here, because it’s Jimmy’s famous line from “Jumbo” (1935) (“Elephant? What elephant?”) that describes the Ethics Alarms offense of resolutely refusing to admit an ethic breach that cannot be denied.

My father was a lifetime admirer of Jimmy, and eventually I joined him: we had all of his albums, and as a stage director I often played his renditions of a ballad (like “I’ll Be Seeing You”) for singers to demonstrate the importance of phrasing and expression, both of which Durante excelled at despite having a distinctive but hardly euphonious voice. He also impressed me with his professionalism. When my father was handling marketing for a Boston banking association, he helped arrange for his organization to be one of the sponsors of Jimmy’s show, which came to the Prudential Center in Boston. The Snozz was over 70 then, but he always seemed ageless, and his energy in person was even more impressive than it was on TV (in fact, Durante had learned to tone down his enthusiasm on the small screen, because it became exhausting to watch). He made his entrance in the stage show rushing on from the wings while singing and flinging his fedora to the back of the stage, where it landed neatly on the head of his band’s bald drummer. My father managed to get our family backstage (though Jimmy was not available because he had a charity appearance right after the show) and I talked to the drummer. I asked him how often Jimmy landed the hat on his head. He replied, “He’s never missed.” He went on to say that his boss rehearsed that bit for hours every week and before every show. It was a split second grace note, but Jimmy insisted on doing it perfectly.

Durante had a stroke after a show when he was almost 80, and never fully recovered. My father, who was uncomfortable expressing emotion face to face but wrote beautiful and touching letters (I hated getting them because they always made me cry; still do), wrote Jimmy, who was then bedridden, a letter thanking him his long entertainment career and explained what his work had meant to Dad. Jimmy’s wife Margie wrote back to say she had read the letter to Jimmy, and he had mouthed the words “Thank you.”

1. Politicizing everything. UCLA’s star gymnast Nia Dennis is getting accolades for turning her floor routine into an ” exuberant and powerful celebration” of black culture. Says Slate, “This routine has everything. Dennis pays tribute to Colin Kaepernick (she kneels!), Tommie Smith and John Carlos (she raises a fist!), and Kamala Harris (like a soror, she strolls and she steps!).” That’s funny: the only way I would recognize a reference to Harris would be if Nia cackled and blathered nonsense. The routine is more dance than gymnastics, but it’s a diabolical gimmick (don’t blame Nia: she has a woke choreographer, Bjoya Das). Any judge that doesn’t give the routine the highest marks knows he or she will be cancelled as a virulent racist.

2. Then there’s the Jeep ad…I’m not going to bother with surveying the ethically dubious Super Bowl ads this year, since they all are unethical for supporting the NFL’s ongoing negligent homicide, but I can’t let Bruce Springsteen’s obnoxious Jeep ad pass. Here it is:

[Whoa! That video was pulled from YouTube shortly after I posted it! I also can’t find a link that has it.]

“To The ReUnited States Of America.” Right. Springsteen is hardly an honest advocate for “the middle,” as a vocal Democrat and anti-Trump shill. The country is supposedly “re-united” because a Democrat is President. The entire theme of the ad is a cynical exercise in Rationalization #64, “It isn’t what it is.” Donald Trump was “divisive” because Democrats decided to paint him as such. Enforcing immigration laws shouldn’t be divisive. Withdrawing from an unapproved treaty with no actual impact shouldn’t be divisive. Calling the biased news media what it is shouldn’t be divisive. Now, calling half the country racists , Nazis and morons IS divisive, and the party that just won control of Congress and the White House has been doing that for four years. Surveys show that that half of the country is more angry, alienated and distrustful than ever, and for some very good reasons, like the current unconstitutional impeachment trial. Got it, Bruce: when Republicans win a national election it’s divisive,and when Democrats win one, it’s unifying.

Update: Apparently Jeep has received so many complaints about Bruce that they decided it was a major gaffe. How can this happen? It happens when the entire company and its ad agency is so overloaded with Democrats and progressives that they can’t see what’s right in front of them.

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Ethics Dunces: The San Francisco School Board [Corrected]

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I was going to write an Ethics Dunce post about Jamie L.H. Goodall, a staff historian at the U.S. Army Center of Military History who wrote a truly stupid piece for The Washington Post headlined “The Buccaneers embody Tampa’s love of pirates. Is that a problem?” Goodall is triggered by the fact that the NFL’s now champion Tampa Bay Buccaneers carry a nickname that romanticizes pirates, who were bad people.

Of course, everyone knows pirates were (are, since there are more pirates operating now than back in the “Arrrgh!” days) bad, but they were scary and tough, see, and teams are named after scary and tough symbols, sometimes. Only people who have nothing better to do but to try to bend others to their will make the fatuous kinds of arguments Goodall does. ( “There is danger in romanticizing ruthless cutthroats…Why? Because it takes these murderous thieves who did terrible things — like locking women and children in a burning church — and makes them a symbol of freedom and adventure, erasing their wicked deeds from historical memory. These were men (and women) who willingly participated in murder, torture and the brutal enslavement of Africans and Indigenous peoples.” ) Oh yeah, we had to get the racist angle. I wonder how the good people of Pittsburgh managed to have a much-loved baseball team called “The Pirates” for more than a century without anyone, or any of their many, many proud African American and Caribbean players feeling that they were honoring raping and pillaging. Perhaps it’s because the team doesn’t and neither do “Treasure Island” and “The Pirates of Penzance (which I have performed in and directed).

The problem isn’t the Buccaneers; it’s the far too successful ongoing strategy of the oppressive Left, which seeks to keep anyone with normal sensibilities and an appreciation of history, literature, humor, whimsy and proportion constantly apologizing and retreating under a barrage of manufactured indignation and artificial moral superiority. The blunder has been that instead of responding to the power-hungry ideologues and their allies like Goodall who make these claims with the mockery and contempt they deserve, those under assault make the mistake, again and again, of saying, “Well, if it bothers you that much, okay. We’ll give you what you want. After all, it’s only a name.”

But it’s not only a name. It’s a word, a street, a mascot, a flag, a logo, a book, a song, a movie, a statue, an artist, a leader, a President, a Founder, a culture, and a nation. The strategy and its purpose should have been obvious long ago, and it should have been fought against hard, right at the beginning, with all the fury and determination that goes into any other existential battle. Or a war.

As I said, I was going to write this post about Jamie L.H. Goodall, but her idiocy is already a cliche, and at this point, arguing over team names is a distraction. (Too bad, though, as I had a fun post ready explaining how almost every professional sports team name was vulnerable to woke attack.) But I realized that the recent action by San Francisco’s school board represents the metastasized end game in the totalitarian Left’s cultural bull-dozing plan.

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Monday Ethics Overture, 2/8/21: I’m Crankier Than Usual Today

I was going to post a poll asking how many readers had watched the “Concussion Bowl.” Last night, right after the game commenced, I went to the local Harris Teeter was one of three customers in the whole store. I’m pretty sure everyone else wasn’t reading Ethics Alarms. I’m curious how many have the requisite integrity and cultural responsibility to reject the showcase of the NFL and its corporate enablers in light of pro football’s continuing profit from inducing brain damage and its nauseating pandering to Black Lives Matter.

But I couldn’t post the poll. Once again, WordPress had changed the ground rules. Now I was informed that I had exceeded my quota of “signals” in the previous polls posted here, and would have to pay a monthly fee to add any more. I had to explain to a nice WordPress agent I “chatted” with online what a “bait and switch” was. “Polls” used to be right on my “dashboard” like every other WordPress feature. No limits were mentioned, until today, when I was told, in essence, “Glad you like our polls, now you have to pay to keep using them.”

It’s not a lot of money, but the nickels and dimes add up. I wrote WordPress explaining that their conduct was unethical, and got an admission that “we should have been clearer.” That’s what all con artists and swindlers say.

1. If starting your day off with a head explosion is your thing, read this LA Times Op-Ed. I won’t comment on it because once I start, I might never stop. Just discussing the Orwellian use of the term “responsible” might take 5000 words. This is why I barely interact with anyone on Facebook now. When someone speaks like this deranged fool, and many do, revealing a distorted view of reality the equivalent of doing LSD in Oz and a comprehension of the Constitution on par with AOC’s, arguing with them is like debating Caligula or a toddler. Sure, it’s a breeze winning on points, but where does it get you?

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