Ethics Train Wrecks

Verdict: Worst Candidates Debate Ever, Part III: “Oh, The Hypocrisy!”

/ Jack Marshall / 11 Comments

OK, it’s not exactly on point, but this is my favorite meme, and I hadn’t used it this year….

The debate seems like old news now, I know, but I’m going to finish this ethics review if it kills me. There was valuable, if depressing, ethics revelations throughout.

A. No, really, the economy is terrible. Really. Trust us.

Let’s begin Part III with this exchange:

My question to you, Mr. Vice President, is what is your argument to the voter watching this debate tonight who may not like everything President Trump does but they really like this economy and they don’t know why they should make a change.

BIDEN: Well, I don’t think they really do like the economy. Go back and talk to the old neighborhoods and middle-class neighborhoods you grew up in. The middle class is getting killed. The middle class is getting crushed. And the working class has no way up as a consequence of that.

Well, which is it: is Biden lying here, or is he completely ignorant of what is going on?

The question is particularly timely now, after the Christmas season was a smash hit. So called “Super Saturday” had the most money spent by consumers ever. Amazon  had record-breaking holiday season drove its stock up 4.5% and helped lift the Nasdaq composite index above 9,000 for the first time ever. This doesn’t happen, Joe (Bernie, Liz) in an unpopular economy, and what’s not to like? Unemployment is the lowest it can go; wages are rising across the board. Black employment is up, jobs generally are up. It isn’t just the stock market. Obviously consumer confidence is high.

Do the Democrats really believe they can convince the public that the economy is bad by just lying over and over again, and saying it’s bad, like Biden did? Apparently. Buttigeig, Yang, Sanders, Steyer and Warren followed Biden claiming that the middle class—you know, all those people who spent that money on Christmas gifts, was “hollowed out” in Warren’s words. “[We should beat Trump] on the economy where he thinks he’s king and where, in fact, he’s a fraud and a failure,” said Steyer.

Because they know that good economies almost always re-elect Presidents, the Democratic candidates are adopting the Sanders-Warren, or Marx-Lenin, definition of what a “good economy” is. As Sanders keeps saying, the problem is income inequality: if there are people making a lot more than you, you should be miserable, and it’s time for a revolution.  This was the justification for Rep. Ocasio-Cortez saying last week that the U.S. was a fascist country. Her comments , noted John Daniel Davidon of the Federalist, were characteristic of what he called the Left’s “economic illiteracy” and their belief that some people don’t have money because others are simply hoarding wealth. He said,

“She complained about America not being an advanced society, because it doesn’t matter how much gold you amass, you know, if people aren’t taken care of. It was a perfect illustration of the the economic and historical illiteracy of the left. Nobody is amassing gold. GDP doesn’t stand for gold deposit pile. That’s not how the economy works…Wealthy Americans are investing [their money]. They are creating jobs. That is why wages are going up, that is why unemployment is down. That is how the real world works. These people are out to lunch on the stuff.”

And the candidates for President, based on their debate performance, desperately want to keep them “out to lunch” as well. Continue reading →

Merry Christmas Ethics Present, 12/25/2019: On Critics, Climate Change, And…

/ Jack Marshall / 28 Comments

MERRY CHRISTMAS

EVERYONE!

1. Critic Ethics. A new book about iconic “New Yorker” film critic Pauline Kael reinforces the question that kept coming to mind when she was savaging movies monthly: why would anyone care what she thought about anything? The woman hated “The Sound of Music.” She panned every John Wayne movie because his personal political views were too conservative for her. If someone’s tastes and values are that different from yours, her judgment about just about anything doesn’t provide guidance or perspective.  Pauline Kael thought that the Charles Grodin-Jessica Lange version of “King Kong”—you know, the one where Kong was played by a man in a gorilla suit?—was better than the original.  What good was she? Why would anyone want to read a book about her? Why would anyone write one?  In fact, why am I even wasting a section of a “warm-up” on her?

2. Follow-up on the Democratic debate climate change segment. What is now obvious is that none of the candidates plan on ever telling voters specific facts indicating why they should want to gut the economy and surrender personal freedoms to government mandates. That climate change is a certainty is “settled science,” it’s an “existential crisis,” and anyone who questions the accuracy of apocalyptic models and projections is a science denier. Events like the California wildfires are irrefutable proof that all the projections are correct.  Of course, few of the climate change hysterics could read and translate a climate model, or understand the science involved sufficiently to either critique it or agree with it. (But I agree that it would be lots of fun to hear Joe Biden try.) Meanwhile, they are all telling the public that fossile fuels need to be banned, and with them the industries and jobs they support. All of this depends on the public being ignorant, gullible, and so stupid that they shouldn’t be allowed to leave the house without a chaperone.  For example, is the public aware of this—is the news media reporting it, and are any of the candidates capable of it should be ignored in favor of crushing the economy for speculative benefits? From Axios: Continue reading →

Christmas Eve Ethics Stocking Stuffers, 12/24/2019: All Right, It’s All About Impeachment…

/ Jack Marshall / 9 Comments

Merry Christmas to all, and to all a good night…

1. In the spirit of the season, I did not post this on Facebook with the note, “Good plan, everybody!” But I wanted to…According to Gallup, Trump’s approval is at 45 %. This actually beats Barack Obama’s approval rating of 42%  from Gallup at the exact same point in his presidency.  Obama went on to win reelection the following November, against a much stronger opposition candidate than anyone the Democrats have in the running. True, it helped that his IRS knee-capped conservative groups that might have helped Romney, but still.

Meanwhile, more bad news for the “everything is terrible” gang: Bloomberg reports that holiday shopping last Saturday sales reached $34.4 billion, the biggest single day in U.S. retail history.

2. Meanwhile, Trump Derangement reached a critical stage: Continue reading →

Unethical Quote Of The Day: Report By The Democratic Legal Staff Of The House Judiciary Committee On The Impeachment Of President Trump

/ Jack Marshall / 30 Comments

“A president who perverts his role as chief diplomat to serve private rather than public ends has unquestionably engaged in ‘high crimes and misdemeanors’— especially if he invited, rather than opposed, foreign interference in our politics”

—-Conclusion of “Constitutional Grounds For Impeachment,” authored by the Majority staff of the House Judiciary Committee, released on December 21, 2019

This is supposed to be a legal document, not an advocacy brief. That sentence—there are many more in the 52 page report—is not honest, nor fair, nor even relevant to the current impeachment. It is general description of a situation that the President’s conduct does not conform to in its crucial elements.

Serve private rather than public ends? As many, including me, keep asking, is there not a legitimate public interest in the U.S. determining whether a Vice President of the United States allowed real or perceived favored treatment toward a foreign country to benefit his son financially? If so, does it matter whether or not an inquiry into this possible corrupt behavior—considered a bribe in many jurisdictions—might also result in a political advantage to the President asking for an investigation into the matter?

It is a historical and political fact that allies and foreign nations receiving funds and other benefits from the U.S. are often, even routinely, asked for favors that are advantageous to the United States as well as giving the sitting President something positive that will aid him or his party in an upcoming election. One of the central deceits of the Ukraine-based impeachment is that Democrats are deliberately ignoring this fact, creating a double standard applying only to this President, but that can now be wielded against future Presidents. Continue reading →

Day Before The Night Before Christmas Ethics Package, 12/23/2019, Now UPDATED With The Meme I Stupidly Didn’t Post Despite Polling On It (Sorry!)

/ Jack Marshall / 18 Comments

Merry Christmas!

TWICE yesterday store employees returned my “Merry Christmas!” with  a “Happy Holidays!” that was delivered in a tone that to my ear was intended to convey, “No, THIS is what you should say.” Both times, I was tempted to call them on it, but did not. Maybe I was being hypersensitive, maybe that wasn’t their intent…but of course it was. The next clerk or cashier who does that to me might get a “No, Merry Christmas. Do you have a problem with that?” back.  I’m that close…

1. ARGHH! “Baseball” censorship! Here’s another nauseating example of the capitulation to the word-banners. The MLB TV channel, which, like its satellite radio counterpart, is challenged to come up with programming this time of year. (The radio version held a quiz last week in which we were challenged to identify expressions of despair and horror as either coming from Cleveland Indians fan tweets about the trading of ace pitcher Corey Kluber, or from reviews of “Cats.”) Yesterday the channel was showing Ken Burns’ terrific documentary “Baseball.” In the segment on Ty Cobb, we were told about in infamous incident in which Cobb jumped into the stands to beat up an abusive fan, who, it turned out, had no hands. When the crowd shouted this fact at the infuriated player, he reportedly replied that he’d throttle anyone who called him “that” even if he had no legs. What was “that”? Why, it was that Cobb was a “half-BEEEEEEEEP!” Yes, a loud, high-pitched beep was injected into the narration instead of the word itself, which was in Burns’ original work (I own a copy.) Morons. If the word is  discernible from the context, then the beep equals the word, so just use the word. If it isn’t clearly indicated—and while I was pretty sure, knowing the story, but uncertain enough that I had to check—then it is incompetent to leave viewers wondering. Half-crazy? Half-wit? Half-lizard? Half-breed? No, Cobb was called “half nigger,” and the exact word is essential to understand the incident but also a key component of Cobb’s character. Did Burns approve the marring of his soundtrack? I doubt it.

This has got to stop.

2. Great: colleges are now free to bribe students to renege on their promises. In a proposed agreement announced this month in response to Justice Department antitrust accusations, the National Association for College Admission Counseling said it would allow its member college and university counselors to recruit students even after they have committed to another school and would permit members to encourage students to transfer after they have already enrolled. From the Times:

Now, colleges will be free to offer perks, like special scholarships or priority in course selection, to early-decision applicants, students who are less likely to need tuition assistance and use the process to secure a spot at their first-choice schools. …Institutions will also be able to continue recruiting students beyond a widely applied May 1 deadline that is typically imposed for students who have applied through a regular decision process and are considering offers based, at least in part, on financial aid packages.

The promises to commit to a school that gave you an early admission were never legally binding, just ethically binding. And they still are. Any college whose applicant reneges on such an agreement after being seduced by another college should send a letter telling him or her, “Thank you for voluntarily withdrawing your acceptance. Our school wants only students of good character, who are trustworthy, honest, and value integrity. Now that we know that you do not honor commitments, we realize that we erred in accepting you. We’re sure you will fit right in at the school you chose, however, and wish you the best in your years there.” Continue reading →

Fevered Thoughts While Hanging The Christmas Tree Lights…

/ Jack Marshall / 22 Comments

(…which is NOT going well. At all.)

Even Andy Williams blaring out “It’s the Most Wonderful Time of the Year” couldn’t stop my mind from flowing into dark places.

Anything can happen, of course, but it is not too early to seriously consider what will happen if Donald Trump sweeps to victory next November. All the signs point that way now. The Democratic Party/”resistance”/ mainstream media axis’s plan(s) to take destroy Trump and force him out of the White House have not only failed, but made him stronger and more defiant. Those who voted for him deeply resent the way their choice for President has been treated—more disrespectfully and disgracefully than any previous POTUS—and are substantially more enthusiastic about their support than ever. Many of those who did not vote for him—like me—have seen their alarm over the increasingly radical, bellicose and anti-American drift of the Democratic Party slowly overcome their visceral revulsion at Trump’s style, manners, character and rhetoric. In the meantime, either by good fortune or good management (or a combination of both), the nation is doing well in many respects, and the President deserves credit.

The Democratic Party’s reliance on Big Lies to counter that, as was on display most recently in the PBS/Politico debate, is transparent, unconvincing and damning. Joe Biden, the alleged front-runner for the nomination, said that the economy is “out of kilter.” High employment, low unemployment, higher wages and a booming stock market is only “out of kilter” to socialists, who measure success in the relative terms of “How dare anyone do better than I’m doing! That’s not fair!” Unfortunately for Democrats but fortunately for us, most Americans don’t think that way–enviously, greedily, avariciously. They don’t resent the success of others; they don’t believe is absolute equality of outcomes. Well, high employment, low unemployment, higher wages and a booming stock market is only “out of kilter” to socialists…and liars. Continue reading →

The Cowardly Courage of Tulsi Gabbard

/ Jack Marshall / 13 Comments

Rep. Tulsi Gabbard, the Hawaii Congresswoman who is engaged in a quixotic effort to win the Democratic nomination for President from the relative center, became the fourth House Democrat not to vote for both articles of impeachment, instead voting “present.” Here is her statement explaining the non- vote:

Throughout my life, whether through serving in the military or in Congress, I’ve always worked to do what is in the best interests of our country. Not what’s best for me politically or what’s best for my political party. I have always put our country first. One may not always agree with my decision, but everyone should know that I will always do what I believe to be right for the country that I love. After doing my due diligence in reviewing the 658-page impeachment report, I came to the conclusion that I could not in good conscience vote either yes or no.

I am standing in the center and have decided to vote Present. I could not in good conscience vote against impeachment because I believe President Trump is guilty of wrongdoing.

I also could not in good conscience vote for impeachment because removal of a sitting President must not be the culmination of a partisan process, fueled by tribal animosities that have so gravely divided our country. When I cast my vote in support of the impeachment inquiry nearly three months ago, I said that in order to maintain the integrity of this solemn undertaking, it must not be a partisan endeavor. Tragically, that’s what it has been.

On the one side — The president’s defenders insist that he has done nothing wrong. They agree with the absurd proclamation that his conduct was “perfect.” They have abdicated their responsibility to exercise legitimate oversight, and instead blindly do the bidding of their party’s leader.

On the other side — The president’s opponents insist that if we do not impeach, our country will collapse into dictatorship. All but explicitly, they accuse him of treason. Such extreme rhetoric was never conducive to an impartial fact-finding process.

The Founders of our country made clear their concerns about impeachment being a purely partisan exercise. In the Federalist Papers, Alexander Hamilton warned against any impeachment that would merely “connect itself with the pre-existing factions,” and “enlist all their animosities, partialities, influence, and interest on one side or on the other.” In such cases, he said, “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”

Donald Trump has violated public trust. Congress must be unequivocal in denouncing the president’s misconduct and stand up for the American people and our democracy. To this end, I have introduced a censure resolution that will send a strong message to this president and future presidents that their abuses of power will not go unchecked, while leaving the question of removing Trump from office to the voters to decide.

I am confident that the American people will decide to deliver a resounding rebuke of President Trump’s innumerable improprieties and abuses. And they will express that judgment at the ballot box. That is the way real and lasting change has always occurred in this great country: through the forcefully expressed will of the people.

A house divided cannot stand. And today we are divided. Fragmentation and polarity are ripping our country apart. This breaks my heart, and breaks the hearts of all patriotic Americans, whether we are Democrats, Republicans, or Independents.

So today, I come before you to make a stand for the center, to appeal to all of you to bridge our differences and stand up for the American people.

My vote today is a vote for much needed reconciliation and hope that together we can heal our country. Let’s work side-by-side, seeking common ground, to usher in a bright future for the American people and our nation.

If you expect Ethics Alarms to award Gabbard an Ethics Hero designation for such equivocation, you don’t know me very well yet. Continue reading →

Ethics Recovery, 12/19/19, Post Op Edition: Terrible People

/ Jack Marshall / 36 Comments

Here I am, I think! Hello?

I’m still groggy from the anesthesia, and the doctor said not to do too much, and definitely not to make any important decisions. I remembered that advice just in time, when I was tempted to watch the Democratic Candidates’ debate, and realized I must still be disoriented. Then I turned to ABC, and thought I saw the Miss America Pageant, which is impossible in enlightened 2019, so I was definitely hallucinating. I’ve also been off my blood-thinner for two days, and could stroke out any second.

1. On Pelosi’s desperate stunt. The House of Representatives adjourned before voting to send the articles of impeachment to the U.S. Senate for a trial. Apparently Democrats are refusing to forward the impeachment to the Senate until they receive assurances the trial will be “fair” in their eyes. You know, like the partisan impeachment in the House, which began with closed hearings overseen by Adam Schiff, and no witnesses who had anything to offer but opinions and hearsay, and ended up with Articles that failed to assert impeachable offenses. Fair.

The Democrats have been following through on this insane scheme hoping to get as much TV time as possible showing Democrats insulting the President, hoping that more repetitions of “Orange Man Bad” supported by the seven Big Lies will somehow change enough votes to avoid a disaster in 2020. They know that absent some presently unknown smoking gun, there is no way they can get the two-thirds super-majority to convict (they’re wishing and hoping for that, too) and knew this all long. The plan now is to try to discredit the Senate acquittal in advance.

This requires a belief that the non-Trump Deranged among the public (think of the rest as the equivalent of the infected in “World War Z”) have the IQs of annelid worms, and the short-term memories of mayflies. The party really believes that after Pelosi and the rest said it was imperative to impeach Trump as soon as possible because the nation and the Constitution is in imminent peril, the decision now to stall the impeachment process won’t be seen as proof that the whole exercise was a cynical, dishonest, hypocritical sham. This is more than irresponsible and incompetent. This is a parody of irresponsible and incompetent.

2. More…It also illustrates the dishonest and insincere nature of the Democrat/”resistance”/mainstream media’s three-year  narrative about President Trump ignoring “democratic norms” and the Constitution. Prof. Noah Feldman, who made it clear when he testified that he wants to see Trump impeached and is willing to warp his interpretation of the Constitution to get it done, isn’t willing to endorse this trick. He wrote,

If the House votes to “impeach” but doesn’t send the articles to the Senate or send impeachment managers there to carry its message, it hasn’t directly violated the text of the Constitution. But the House would be acting against the implicit logic of the Constitution’s description of impeachment.

A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate. That’s built into the constitutional logic of impeachment, which demands a trial before removal.

To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there. That’s what the “sole power to impeach” means.

But if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached. And that’s probably not the message Congressional Democrats are hoping to send.

Alan Dershowitz, who has derided this impeachment from the beginning,writes.

“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people…President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.”

Civil rights attorney lawyer Harvey Silverglate described Pelosi’s gambit as  “manipulation of the system.” The whole impeachment sham has been a manipulation of the system, and now Pelosi’s defenders will have to go deeper into denial to defend it. Professor Turley, no surprise, also condemned the maneuver.  “Articles of impeachment were not meant to be articles of barter,”  Turley wrote.  “Just as the House elected not to seek to compel the testimony of critical witnesses, the Senate can make the same decision for its own house.” Continue reading →

On The Impeachment.

/ Jack Marshall / 18 Comments

I’m not in very good shape tonight, so I’m going to largely rely on the commentary of others to mark this disastrous day in American history.

I reached the point long ago where I was boring myself by having to write the same things over and over again as I documented what is tagged here as the 2016 Post Election Ethics Train Wreck: that the Democrats and “the resistance” are completely and solely responsible for abandoning what their own leaders said was the duty of defeated candidates and parties; that the news media has breached its duty to our democracy and endangered the Republic by breaching its own ethical standards and committing to single party advocacy and permanent warfare against an elected President; that President Trump, unlike every one of his predecessors, has never been given the benefit of unified support by the nation, or allowed to do his job as well as he could do it without harassment and abuse from all sides; and most of all, that the strategy of the Democratic Party, to decide to remove this President and then set out to find a way to do it, was unethical, illegal, undemocratic, and un-American.

I reached these conclusions not as a supporter or fan of the President, as anyone who has  visited here knows, but as a life-long student of the American Presidency, U.S. history and leadership, as a lawyer, an ethicist, and as a civically informed citizen.

And I’m right.  Despite the loud howls of the impeachment mob, there have been many thorough briefs supporting my analysis, notable among them Prof. Turley’s statement in the House hearings, and most recently, the President’s own letter. Today’s impeachment vote is an anti-climax, for once the Democrats got the majority in the House, it was obvious that they would impeach the President because they could, once they found a plausible justification.  (Recall that Speaker Pelosi once stated that any impeachment would have to be bi-partisan to be valid. Today’s impeachment votes included no Republicans. Res ipsa loquitur.) The surprise is that they impeached without a plausible justification, and were willing to gamble that slaking the hate of their most rabid base members was worth the certain electoral backlash to follow.

I think it was a foolish, reckless, irresponsible choice, and they deserve to pay a heavy, heavy price for it. It’s important that they do. Crucial, in fact. Continue reading →

Impeachment Ethics Update, Holiday Edition, Part Three: The Deluge

/ Jack Marshall / 9 Comments

Before getting into the selected items and outrages, let me say again that I don’t think I have ever known any issue to so hollow out the skulls of so many usually rational intelligent people—either that, or somehow create a mass ethicsectomy. Today on Facebook one of those erstwhile bright and informed individuals among my legally educated friends decided to pander to the Borg and hold a poll regarding the “worst defense against impeachment.” His #1 was that the impeachment was really an attempt to undo the 2016 election. I stopped reading right there, and you can imagine, regular readers, what I wrote, but it ended with this, with which I assume you are familiar. Of course, I could have also used this, in which we learn that Democrats indicate that they intend to keep investigating the President and seem likely to keep impeaching him until they are stopped.

1. Let’s start with the massive hypocrisy, nicely noted by David Hirsanyi. Why his piece? Because it encapsulates what is one of the biggest ethical offenses of th entire fiasco, the Democrats concocting double standards specifically to wield against this President, while daring the public not to notice…or to notice and corrupt themselves by supporting the coup efforts anyway. He wrote in part,

Not very long ago, [Democrats] were rationalizing and cheerleading unprecedented abuses of power under the Obama administration. And they’ll be cheerleading for more abuses of the Constitution the next time they win the White House.  Nancy Pelosi can dress in black, recite the Pledge of Allegiance, and act as if this impeachment is her solemn obligation, but everyone saw the Democratic party’s hysterical reaction to the 2016 election. Everyone saw dozens of candidates running in 2018 — either implicitly, but most often explicitly — on getting rid of the president. Just last week we learned that people within our intelligence agencies subverted the law to help Democrats concoct a three-year national panic meant to undermine the veracity of a fair election…. If your contention is that the Constitution protects abortion on demand through the ninth month but are fine with undermining property rights, gun rights, religious freedom, and any meaningful separation of power, you’re not a custodian of the Constitution, you’re partisan with an agenda. So do what you must. But it’s been insufferable watching you playact sentinel of the American Republic — whose presumptions, institutions, documents, and Founders you don’t really seem to like very much.

2. Back to you, Alan Dershowitz, who wrote a clear and convincing explanation in The Hill of why both Articles of Impeachment failed Constitutional standards. Key paragraph:

Both are so vague and open ended that they could be applied in partisan fashion by a majority of the House against almost any president from the opposing party. Both are precisely what the Framers had rejected at their Constitutional Convention. Both raise the “greatest danger,” in the words of Alexander Hamilton, that the decision to impeach will be based on the “comparative strength of parties,” rather than on “innocence or guilt.”

3. Polls cannot be trusted, and in this area especially there have been polls to support every confirmation bias, The story here, however, is how the Democratic Party/”resistance”/ mainstream media has  so entered the zone where they are walled off from reality that they literally can’t handle the truth. CNN legal hack Jeff Toobin (I’m sorry, but that’s what he is) threw an on-air fit as  he rejected the results of CNN’s own poll showing  Democrat support for impeachment dropping from 90% down to 77%. (The reason for this, Jeffrey, is that it is dawning on the smarter progressives  that this divisive and dangerous scream at the sky will make the President stronger).

After Alisyn Camerota did some spinning, saying “Democrat support for impeachment had softened “a little bit”—this is another variety of fake news: deliberate mischaracterization—Toobin erupted, “I don’t believe that poll for one second, the 90 to 77%. I don’t believe it! It makes no sense that that number would change like that . . . David [CNN political director David Chalianong], that poll is wrong. Just because I said so, okay?

This gives us some sense of what the reaction will be when Trump wins the election in 2020. Continue reading →