Ethics Train Wrecks

No, This Isn’t Impeachable Either, Just Unethical And Illegal

/ Jack Marshall / 37 Comments

They are whooping it up at the Trump-Haters Club, because President Trump will have to pay $2 million in damages to nonprofit groups as a penalty for what can only be called a fraudulent use of his foundation in 2016. As part of the settlement agreement,  the President had to admit misusing funds raised by the Donald J. Trump Foundation, accessing them to assist his campaign, pay off debts of businesses he owned, including Mar-a-Lago and the Trump National Golf Club in Westchester County,  and, as an especially obnoxious move,  purchasing a $10,000 portrait of himself to hand in one of his Florida hotels. New York’s Attorney General  filed suit  accusing the Trump family of using the foundation to benefit various businesses and assist Trump’s  presidential run. You can’t use a non-profit like that; this is the kind of scam that got Tom DeLay thrown in prison.

The President admitted that the alleged charity charity gave his campaign complete control over the $2.8 million that the foundation had raised at an Iowa fund-raiser for veterans in January 2016. It was in fact a fund-raiser for the campaign, not veterans.

Nice.

Continue reading →

The Coup In Progress: Presidential Impeachment/Removal Plans

/ Jack Marshall / 27 Comments

I am finally devoting a dedicated post  to this list, in part because I am sick of searching for the thing every time I want to reference it. I will eventually deposit the list along with the Apology Scale and the Rationalizations List as another separate page in the “Rule Book” to your right.

One note on the use of the term coup. Some media pundits, their hands already bloodied, have been making the sophist claim that what has been going on since November 2016 isn’t a coup under the dictionary definition, which requires violence and usually a military take-over. Using cover-terms and euphemisms is a form of lying, and it is an especially common practice from  the Left right now, though the Right has its moments.

A “soft coup,” also known as a silent coup, does not use violence, and is typically based on a conspiracy or plot  aimed at seizing power, overthrowing existing legal authority, exchanging political leadership, changing the political system or the current institutional order. We are watching a long-running soft coup. A soft coup is still a coup.

There have been 19 Plans to abuse various processes, laws and theories, all put forward and promoted by members of the Democratic Party/”resistance”/mainstream news media alliance since President Trump’s election.  The  desired effect of this barrage, apart from serving the goal of removing him without the bother (and risk) of an election,  has been to make it impossible for the President to govern, and to destroy his support among the public.

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing.

The List: Continue reading →

Ethics Warm-Up, 11/5/2019: A Whistleblower’s Biases, A Technology’s Risks, And A Thinking Actor’s Values

/ Jack Marshall / 13 Comments

Hi!

1. So now we know…The mysterious “whistleblower” is almost certainly Eric Ciaramella,  a CIA analyst, former National Security Council staffer,  and  a career intelligence officer.who has served in both the Obama and Trump administrations. It would have been nice and reassuring if he were not so strongly tied to the Dark Side, meaning the Democrats and various “resistance” figures, but he is. That doesn’t mean he had an agenda, but somehow all of the leakers and rebels who have been instrumental in keeping the Left’s coup fires burning have aspects of their backgrounds that justify skepticism.

From the generally useful and fair article about in Heavy:

Ciaramella has worked for the Central Intelligence Agency for several years and was assigned to the White House during the end of the Obama administration. He worked closely with Biden in his role as an expert on Ukraine. Ciaramella also has ties to Sean Misko, a former NSC co-worker who now works for Representative Adam Schiff and the Intelligence Committee. According to The New York Times, the whistleblower first went to a CIA lawyer and then to an unnamed Schiff aide before filing the whistleblower complaint. The aide told the whistleblower to follow the formal process, but conveyed some of the information he learned from him to Schiff, without revealing his name, The Times reported.

“Like other whistle-blowers have done before and since under Republican and Democratic-controlled committees, the whistle-blower contacted the committee for guidance on how to report possible wrongdoing within the jurisdiction of the intelligence community,” said Patrick Boland, a spokesman for Schiff, told The Times.

The whistleblower’s ties to Democrats, including Biden, Schiff, former CIA Director John Brennan, former Director of Intelligence James Clapper and former National Security Adviser Susan Rice, have created controversy, with Trump and Republicans using his past work with them in an attempt to discredit him.

I did say generally fair. The fact that this guy who created the path to the latest impeachment excuse just happens to be a Democrat with connections to a veritable nest of anti-Trump zealots does and should discredit his objectivity to some extent. An “attempt” shouldn’t be necessary.

2.  Geewhatasurprise…. From the MIT Technology Review:

A study published today in JAMA Pediatrics warns that kids’ literacy and language skills suffer with screen use, and MRI scans of their brains appear to back up the findings…. Forty-seven 3- to 5-year-olds took a test to measure their cognitive abilities, and their parents were asked to answer a detailed survey about screen time habits. …The scans revealed that kids who spent more time in front of screens had what the authors call lower “white matter integrity.” White matter can be roughly thought of as the brain’s internal communications network—its long nerve fibers are sheathed in fatty insulation that allows electrical signals to move from one area of the brain to another without interruption. The integrity of that structure—how well organized the nerve fibers are, and how well developed the myelin sheath is—is associated with cognitive function, and it develops as kids learn language. …Lead author John Hutton of Cincinnati Children’s Hospital told MIT Technology Review there’s a clear link between higher screen use and lower white matter integrity in the children his team studied. That structural change appears to be reflected in the results of the cognitive test the kids took as well, which showed high screen time associated with lower levels of language and literacy skills. “The effect size is substantial, as these findings also rigorously controlled for multiple comparisons across the brain,” Hutton says.

One easy and ethical remedy would be for parents to make sure their kids don’t see them constantly staring at their phone.

3.  A terrific, ethical, extemporaneous speech from Richard Dreyfus. No, Richard Dreyfus is not, and has never been, a typical Hollywood knee-jerk leftist. Glenn Beck’s conservative website “The Blaze” was “astonished” when actor/educator Richard Dreyfus recently told Fox News host Tucker Carlson,

“You were talking about the speakers on university campuses. And I am totally, incontrovertibly on your side about this. I think any intrusion into freedom of speech is an intrusion into freedom of speech. And when one of the presidents of one of the colleges said, ‘this is a school, not a battlefield,’ I said, no, it is a battlefield of ideas and we must have dissonant, dissenting opinions on campuses and I think it’s political correctness taken to a nightmarish point of view

I have withdrawn from partisan politics. I am a constitutionalist who believes that the Constitution and the Bill of Rights must be central and the parties must be peripheral. What’s most important for me is what you just mentioned haphazardly, we are over 30. Civics has not been taught in the American public school system since 1970. And that means everyone in Congress never studied the constitution and the bill of rights as you and I might have. And that is a critical flaw because it’s why we were admired and respected for so long, it gives us our national identity, it tells the world who we are and why we are who we are, and without a frame that gives us values that stand behind the bill of rights, we’re just floating in the air and our sectors of society are not connected.

What’s really important is that the assumptions of the left and the right are all skewed wrong. We have to find areas of agreement and areas that we share. And we do share the notion that education accomplishes certain things. One, it turns students into citizens. And, two, it teaches students how to run the country before it’s their turn to run the country. And, three, it teaches the values of this nation.

People come from all over the world or are born into this nation without the values that we have here. That’s why they came here, to get them. And what are they? You can put them in opportunity, rise by merit, mobility, and freedom. That’s what we sell. And if you don’t want that, you’ve chosen the wrong place. And you don’t get a pass by being born here, you have to learn it. Even the Ten Commandments are not known at birth. You must learn them. And we must learn our values and if we don’t, we are fatally, fatally wounding ourselves. We will not have any way to really combat the ideas behind ISIS because we won’t know our own. And we have to.

Exactly.

Fox News should give Dreyfus a show.

Ethics Hero: Washington Nationals Catcher Kurt Suzuki

/ Jack Marshall / 24 Comments

So it’s come to this. A professional athlete now qualifies as an Ethics Hero for expressing respect and admiration for the President of the United States while being honored at the White House.

Good job, everybody!

Yes, this is emblematic of the harm “the resistance” has inflicted on the nation and the culture. During a ceremony on the South Lawn, the President Trump introduced a number of Nationals players and invited them to the podium. Asked by Trump Suzuki to “say a couple words,” the Nats catcher pulled out his MAGA hat and put it on, prompting the President to shout, “I love him!” and to give him a hug.

Of course, this spontaneous moment triggered a meltdown among the Axis of Unethical Conduct, especially on social media. Suzuki’s twitter feed transformed into an orgy of hate. Apparently furious that the Capital’s baseball team had the gall to be respectful to its most important resident, a doctored video circulated on Twitter supposedly showing star pitcher and World Series MVP Stephen Strasburg snubbing President Trump by not immediately shaking the president’s hand after speaking. Strasburg  quickly declared the deceptively edited clip “fake news,” and sure enough, the real footage confirms Strasburg shook hands with the President at the podium. Continue reading →

Saturday Leftover Ethics Candy, 11/2/19: The Spy In My Hotel Room, And Other Scary Tales

/ Jack Marshall / 12 Comments

Yum.

1. OK, I want to see all of the Facebook trolls who mock every single careless or foolish thing President Trump has ever said to be fair and consistent, and make an appropriately big deal over this astounding quote from the Governor of New York:

“[A]nyone who questions extreme weather and climate change is just delusional at this point. We have seen in the State of New York and we have seen — it is something we never had before. We didn’t have hurricanes or super storms or tornadoes,.”

Now, I’m relatively certain Cuomo doesn’t really mean that New York never had  big storms before the climate started warming, but the President’s critics in social media and the mainstream media never give him the benefit of the doubt, because they just know he’s an idiot…or lying.

In related news of the media double standard and its bash-Trump obsession, this article was given a three-column spread on the New York Times front page: “The ‘Whimpering’ Terrorist Only Trump Seems to Have Heard.” It is a breathless report of the results of a Times investigation into whether ISIS leader Abu Bakr al-Baghdadi really was wimpering, crying and screaming before he was killed by U.S. forces, as President Trump colorfully told the nation.

Let me be blunt: I..Don’t…Care.

Do you? This is like a fish story; it’s a non-material, unimportant fib at worst. Putting such a story on the front page is an exposé all right: it exposes the Times’ complete loss of all perspective regarding the President.

2. AI ethics. As my wife and I were checking out of our New Jersey shore hotel this week, I noticed an Alexa on the desk. Does that mean that our wild midnight orgy with the Mariachi band, the transexual synchronized swimming team and the goats was recorded and relayed to the Dark Web. I don’t know.  A hotel has an obligation to inform guests that these potential spies and future SkyNet participants are  in their rooms, and guest should have the option to say, as I would have, “Get that thing out of there!” Continue reading →

David Brooks’ Stockholm Syndrome

/ Jack Marshall / 21 Comments

We don’t blame you, David Brooks; it can happen to anyone.

David Brooks’ may be the smartest of the New York Times stable of columnists, and let that be a lesson to all of us. Intelligence, wisdom and erudition are not a sufficient bulwark against the often adverse influence of one’s culture, accurately described as similar to the relationship of water to a fish.  In this case, Brooks’ culture, his water, is defined by his almost unanimous Democrat, progressive, Trump-loathing colleagues, the corrupt and biased paper he works for, and its admitted partisan anti-President editor-in-chief, Dean Baquet.

Usually Brooks is careful about pandering to that culture or revealing how much his surroundings have marinated his brain and values; after all, his alleged role at the Times is House Conservative, a position that slowly but surely has devolved into “House Fake Conservative Who Enables The Times’ Progressive Agenda With An Occasional Sojourn Into Brooksian Pop Philosophy.  His column in today’s Times, however, pretty much blows that pretense away.

It is titled “Impeach Trump. Then Move On: Stop distracting from the core issue, elite negligence and national decline.” (Only David Brooks would use a phrase like “elite negligence” that has no obvious meaning.) The piece outs Brooks as thoroughly under the power of his captors in its first three paragraphs:

Is it possible that more than 20 Republican senators will vote to convict Donald Trump of articles of impeachment? When you hang around Washington you get the sense that it could happen.

The evidence against Trump is overwhelming. This Ukraine quid pro quo wasn’t just a single reckless phone call. It was a multiprong several-month campaign to use the levers of American power to destroy a political rival.

Republican legislators are being bludgeoned with this truth in testimony after testimony. They know in their hearts that Trump is guilty of impeachable offenses. It’s evident in the way they stare glumly at their desks during hearings; the way they flee reporters seeking comment; the way they slag the White House off the record. It’ll be hard for them to vote to acquit if they can’t even come up with a non-ludicrous rationale.

Such an opening is not designed to make open-minded readers read on. If this junk were not under Brooks’ byline, I’d probably stop reading, as I often do with similar screeds by his deranged and dishonest colleagues like Charles M. Blow, Thomas Friedman, Michelle Goldberg, David Leonhardt, and others, who have spent three years stoking the hate of the Times’ overwhelmingly Democratic readership.

Let’s examine some of Brooks shared delusions: Continue reading →

The Trump Impeachment Ethics Train Wreck: The Impeachment Resolution [Corrected]

/ Jack Marshall / 43 Comments

With this post, the Democratic strategy of finding a way to impeach President Trump officially gets its own Ethics Train Wreck status. Up to this point, stories relating to impeachment have been filed using the record-setting 2016 Post Election Ethics Train Wreck tag, since it, like so much else, flows from the Democratic Party/”resistance”/ mainstream media (the Axis of Unethical Conduct, or AUC) tantrum over Hillary Clinton blowing the election. An argument could be made that  I should have partitioned the impeachment push earlier, but I wanted to wait until the Democrats were really committed to their dangerous and divisive course. Now they are.

All aboard!

Not a single Republican voted for the resolution yesterday, not even those from less than bright-red districts. This was appropriate, since the impeachment push is not, as one should always be, a good faith Congressional reaction to conduct by the President which meets or might plausibly meet the Constitutional standard of “high crimes and misdemeanors.” Instead, this is the culmination of the Democratic Party’s determination from the beginning of the Trump Presidency to treat him as an illegitimate President and a usurper whom they intended to find a way to remove without an election.

The process, like the Mueller investigation, but even more so, has been so tainted and corrupted from the outset that nothing it uncovers short of smoking-gun evidence of an unquestionable crime by any interpretation can cure it.  House GOP Conference Chair Liz Cheney said as much yesterday ( “Democrats cannot fix this process.This is a process that has been fundamentally tainted.'”). Indeed, as Democrats were saying that the vote erased Republican complaints about  a lack of transparency in the process, Adam Schiff’s House Intelligence Chairman was holding another closed hearing. Continue reading →

Ethics Quote Of The Week: Ann Althouse

/ Jack Marshall / 36 Comments

“As I’ve said many times on this blog, I think election results deserve respect, Democrats have failed to accept that they lost an election and that those who won deserve their victory, and those who were disappointed should be focusing on winning the next election, not undoing to results of the election they lost. Democrats need to turn back from the precipice. They need to give up the drama and hysteria about Trump and show that they are more stable and responsible than Trump. A “no” vote on the impeachment proceedings will only happen if Democrats — some of them — have the sense to say “no.”

—-Ann Althouse, iconoclastic Wisconsin law professor/social commentator/ blogger, in a post this morning.

[Before I start, let me interject that “I think election results deserve respect” is revolting equivocation, and credible commentators should avoid it. In this nation, in this system, in a democracy, election results deserve respect. ]

As frequent readers hear know, I quote or refer to Althouse more frequently than any other web commentator (George Washington University law professor Jonathan Turley is a close second) now that Ken White at Popehat has moved on to greener pastures. Her post today, “What I can’t figure out and what really interests me is why today feels different” explains why, at least to me. In the  matter of Donald Trump’s election and the reaction to it by the  Axis of Unethical Conduct (AUC) that I last discussed here, Althouse almost exactly mirrors my analysis, and reveals that she occupies a similar position for making it. I have one up on Ann, I think, because while I almost voted for Hillary Clinton out of my unshakeable (actually it has been a bit shaken now, if not stirred) contempt for Donald Trump, she actually did despite matching my distrust and dislike of Hillary Clinton. In the post containing today’s Ethics Quote of the Week, she reveals why I was right and she was wrong.

The Democratic Party proved to me in late October of 2016 that it seeks power over all else, and no longer possesses a sufficient commitment to American values, our fundamental principles, or our institutions that can compete with that obsession. This means that not only can the party and its members not be trusted, it means that it is actively corrupting the American public and will continue to do so unless and until something makes it change both its strategic and its ideological course.

That Ann still thinks there is any chance at all of the party doing so now shows that she still can’t bring herself to accept the frightening reality that the AUC is willing to destroy the nation to save it. In that respect, I’m still ahead of her, perhaps because the professor is so emotionally committed to being neutral that she cannot accept that the time for neutrality has past when the responsible choice is unavoidable, or ought to be. Continue reading →

Monday Evening Ethics Feature, 10/28/2019: Boo! Lyric Woking! Name-Calling! And Much, Much Worse…

/ Jack Marshall / 22 Comments

Good evening.

1. World Series ethics observations:

  • It was little noticed, but Houston Astros pitcher Gerrit Cole did something admirable and unusual last night on the way to dominating Washington Nationals hitters and leading his team to a 3-2 lead in the best-of-seven series. At one point in the game, Nationals first-baseman Ryan Zimmerman laid off a tantalizing pitch just off the plate with two strikes on him. Cole could be seen saluting the batter and saying “Good take!” It is rare to see a baseball player acknowledge an adversary’s skill on the field.

I wouldn’t mind seeing such gestures more often.

  • The President not only attended the game last night, but stayed unusually long for a dignitary, who usually go to baseball games to be seen more than to watch. Trump stayed until the 8th inning, when much of the discouraged Nats fandom was streaming to the exits. I wrote last week that I hoped he would subject himself to the fans’ ugliness, and they responded as we knew they would, loudly jeering and chanting “Lock him up!” It was a black eye for Washington, D.C., not President Trump.

Continue reading →

An Excellent Analysis Of The Impeachment-As-Coup Attempt Now Underway

/ Jack Marshall / 24 Comments

As an ethicist, I frequently have to remind my clients that I will not give legal opinions. That’s not my job, though I am a licensed attorney. I know I sometimes venture into law as well as other areas that I have a more than casual interest and knowledge of, such as Constitutional law, history, theater, and popular culture, but there are topics covered here by necessity that require me to opine beyond my primary expertise to an uncomfortable extent.

I have especially wrestled with this problem regarding the recent impeachment assualt by the Democrats, “the resistance,” and the news media, which are essentially the “axis of unethical conduct” in this matter. (I will henceforth use the shorthand AUC.) A half written explication of what is going on—“What’s going on here?” is the starting point for most ethics analysis, after all—is sitting in my drafts file, causing anxiety like an unpaid debt. Thus I am relieved and grateful for the Wall Street Journal column that was published over the weekend, an analysis by David B. Rivkin Jr., Elizabeth Price Foley titled “This Impeachment Subverts the Constitution.”

I am relieved, because the column is remarkably consistent with my own conclusions and analysis. See? “I’m smart! I’m not dumb like everyone says!”

I have been writing on Ethics Alarms that the efforts to de-legitimize the election and Presidency of Donald Trump have constituted a destructive attack on the Constitution and the American system of government literally from the moment Trump won the 2016 election, and I have been chronicling how, despite my desire to write about non-political matters and despite the fact that this assignment has hurt traffic here and gotten my blog banned from Facebook. I consider it a matter of integrity, responsibility, and civic duty, because the actions of the AUC represent the most important, damaging, wide-spread and perilous unethical conduct to take place in the United States since Watergate, and perhaps longer.

Read the entire article, please. I will point you to some if its important and, as I see them, accurate observations:

  • “Democrats have been seeking to impeach Mr. Trump since the party took control of the House, though it isn’t clear for what offense….The effort is akin to a constitutionally proscribed bill of attainder—a legislative effort to punish a disfavored person. The Senate should treat it accordingly.”

Exactly. I described the effort as akin to a bill of attainder in an argument on Facebook about a week ago.

  • “House Democrats have discarded the Constitution, tradition and basic fairness merely because they hate Mr. Trump. Because the House has not properly begun impeachment proceedings, the president has no obligation to cooperate. The courts also should not enforce any purportedly impeachment-related document requests from the House. (A federal district judge held Friday that the Judiciary Committee is engaged in an impeachment inquiry and therefore must see grand-jury materials from special counsel Robert Mueller’s investigation, but that ruling will likely be overturned on appeal.) And the House cannot cure this problem simply by voting on articles of impeachment at the end of a flawed process.”

This is how I see the situation as well. It is part of the despicable plot that Democrats will force the Supreme Court to overturn their machinations, probably in a ideologically split vote, thus allowing them to attack the legitimacy of SCOTUS, demand court-packing measures, and further unravel public trust in our institutions.

  • “There is no evidence on the public record that Mr. Trump has committed an impeachable offense. The Constitution permits impeachment only for “treason, bribery, or other high crimes and misdemeanors.” The Founders considered allowing impeachment on the broader grounds of “maladministration,” “neglect of duty” and “mal-practice,” but they rejected these reasons for fear of giving too much power to Congress. The phrase “high crimes and misdemeanors” includes abuses of power that do not constitute violations of criminal statutes. But its scope is limited.”

The misinformation being embedded in American minds on this point is frightening. I keep challenging the Facebook Borg’s daily references to the President’s “crimes,” and get back “emoluments,” allegations of conduct that occurred before the election, and election law theories that have no precedent and that are desperate at best. The general attitude of the AUC and its cheering section is that the President has committed crimes because that’s the kind of guy he is. This was the relentless argument of an anti-Trump stalwart whose derangement ultimately sent him around the bend and off the approved commenters list. It is also the orientation of the majority of columnists who populate the New York Times op-ed pages. What they are selling is bigotry: a presumption of guilt because of who and what an individual is, rather than being based on what an individual has done.

  • “One theory is that by asking Ukrainian President Volodymyr Zelensky to investigate Kyiv’s involvement in the 2016 U.S. presidential election and potential corruption by Joe Biden and his son Hunter was unlawful “interference with an election.” There is no such crime in the federal criminal code (the same is true of “collusion”). Election-related offenses involve specific actions such as voting by aliens, fraudulent voting, buying votes and interfering with access to the polls. None of these apply here.Nor would asking Ukraine to investigate a political rival violate campaign-finance laws, because receiving information from Ukraine did not constitute a prohibited foreign contribution. The Mueller report noted that no court has ever concluded that information is a ‘thing of value,” and the Justice Department has concluded that it is not.'”

Thank you, thank you, thank you. A competent news media should have made this clear immediately, because it is true.

  • “More fundamentally, the Constitution gives the president plenary authority to conduct foreign affairs and diplomacy, including broad discretion over the timing and release of appropriated funds. Many presidents have refused to spend appropriated money for military or other purposes, on grounds that it was unnecessary, unwise or incompatible with their priorities…Presidents often delay or refuse foreign aid as diplomatic leverage, even when Congress has authorized the funds. Disbursing foreign aid—and withholding it—has historically been one of the president’s most potent foreign-policy tools, and Congress cannot impair it….In 2013, Barack Obama, in a phone conversation with Egyptian President Abdel Fattah Al Sisi, said he would slash hundreds of millions of dollars in military and economic assistance until Cairo cooperated with U.S. counter-terrorism goals. The Obama administration also withheld millions in foreign aid and imposed visa restrictions on African countries, including Uganda and Nigeria, that failed to protect gay rights.”

There is more. The impeachment Plan S,   the Ukraine narrative, (the complete, updated list was last published here) is no more legitimate or honest than its family members A-R, and all should be considered unconscionable means to an undemocratic end, a soft coup to remove an elected President without the necessity of an election. Rivkin and Foley have performed a great service by laying out so much crucial (and under-publicized) information clearly and persuasively.

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Pointer: Glenn Reynolds