Ethics Train Wrecks

Senator Lindsey Graham And Senate Majority Leader Mitch McConnell Have Introduced A Resolution Condemning The House Democrats’ Impeachment Inquiry

/ Jack Marshall / 1 Comment

Good.

Senate Judiciary Chair Lindsey Graham and Senate Majority Leader Mitch McConnell introduced a resolution today to condemn the House Democrats “illegitimate impeachment inquiry.”

This is a case of better late than never. The despicable plot of House Democrats, and others, to cripple the elected President by claiming 1) that his Presidency is illegitimate and 2) by contriving one false justification for impeachment or removal after another for three long years, should have been opposed directly by Republicans and the Senate majority long ago. It is clear that most of the Republican Senators don’t like President Trump, but he is President, and they are supposed to like the Constitution, which modern Democrats evidently do not. This resolution will draw a line in the sand, and that line should have been drawn before this point.

From Politico:

“This is a kangaroo court and it will not stand,” Graham said this week. “I’ve got a resolution saying if you’re going to impeach the president give him the same rights that Richard Nixon had and that Bill Clinton had…what’s going on now is disgusting.” …

And it has been disgusting for a very long time. Checking Ethics Alarms can verify that. Just click on the 2016 Post Election Ethics Train Wreck tag, and take a week off. Continue reading →

Morning Ethics Warm-Up, 10/23/2019: On “Lynching” And Other Things

/ Jack Marshall / 30 Comments

The day looks good, feels bad…

1. No, “lynching” is not the right word for the Democratic Party/”resistance”/news media impeachment assault. The word worked for Clarence Thomas during the Anita Hill ambush, but someone ought to remind the President that Thomas was and is black.

The correct word is coup. This has always been what the effort to delegitimatize and remove Trump has been, and this is what it remains. “Witch hunt,” which some idiot issued as an anti-impeachment talking point again a couple of weeks ago, is also an inappropriate term. It may accurately evoke the McCarthy-like methods being used, but it is historically and politically confusing, focusing on methodology rather than objective.

The inability of this President and his staff to communicate competently is a dangerous weakness. It has always been so, but now more than ever. The public literally doesn’t understand what is going on, and a clear, credible, trustworthy advocate for the President who is able to explain what is so wrong, so insidious, and so damaging to democracy about what the “Troika of Totalitarianism” (I’m trying to imagine what Spiro Agnew would have called them) have been doing since the 2016 election is an essential bulwark against impeachment and conviction. Even someone like—I can’t believe I’m writing this—Lanny Davis would be an upgrade.  Kellyanne Conway destroyed her credibility with her “alternate facts” gaffe. Rudy Giuliani got himself enmeshed in the Ukraine controversy. Mick Mulvaney proved, with his naive and ham-handed explanation about why there is nothing criminal or inappropriate about any President using the leverage of his office to persuade a foreign government to do something that needs doing, that he isn’t up to the job. And the President is foolish to believe that his tweet-storms are an effective remedy against  a news media determined to tell only one side, the “resistance” side,  of the issues.

Why, for example, isn’t there an advocate for the White House who can point out, clearly, that the misleading characterization in this morning’s Times front page “news” story—the New York Times no longer does “news” involving Trump, only adversary spin—that the President used strong-arm tactics to force the Ukraine to “investigate Mr. Trump’s political rivals”? Joe Biden isn’t “political rivals,” he’s a former Vice President of the United Sates who may have been using his high position to enrich his son and warp foreign policy.

At this point, Joe Biden isn’t an official election opponent of the President either. It is completely legal and responsible for our government to find out exactly what was going on in the Biden-Biden-Ukraine tango, and the idea that a President cannot legally pursue investigation of serious misconduct in the previous administration because the members of it can now be called his “rivals” is, or should be,  a transparent Catch-22 concocted to advance the coup. Is that really so hard to explain? Why isn’t anyone explaining it?

A prominent  reason is that one of the more effective and damaging tactics in the coup attempt has been to intimidate and threaten any competent D.C. professionals who could advise and assist a President under siege. Until the Trump administration, the accepted norm when a patriotic member of the Washington establishment, regardless of party,  was invited to help a President was for the individual so invited to say, “Of course.” This was how President Clinton persuaded Reagan advisor David Gergen to rescue his administration from self-immolation.

Today, any political establishment figure, no matter how well-respected before, can count on being savaged in the news media if he or she agrees to join the administration, as well as harassed if they go out for dinner. The phenomenon effectively gives this White House a lobotomy by making it a huge and risky sacrifice to try to assist the White House.  It also isolates the President, and increases the chances of him making his situation worse out of anger, frustration, and his unfortunate lack of impulse control.

This too has been part of the coup strategy from the beginning: withhold from this President all of the honors, respect, fairness, deference and cooperation every other President has earned as a right of office by virtue of being elected, and eventually he will do something that will justify impeachment.

It’s a coup. “Lynching” just muddies the waters, and in this dirty business, muddy waters is exactly what the “resistance” wants and needs. Continue reading →

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

/ Jack Marshall / 24 Comments

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told.  maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a  staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Ethics Villains Of The Impeachment Coup, Part II

/ Jack Marshall / 29 Comments

Is it really a coup attempt? Ethics Alarms has been calling the assault on the Trump Presiency that for quite a while. The reflex reaction I get from the Facebook Borg and others  is to deflect the accusation by sneering about “Fox News talking points.” I don’t use talking points. I almost never watch Fox News. A lot of intelligent, knowledgeable people know a coup when they see one; it isn’t hard. I suspect many of the Trump-Hate Brigade that ridicule that diagnosis know it’s a coup too. And they want one.

That means that they have abandoned the idea of American democracy. They may be the most important villains of the attempted impeachment coup.

With a recent essay, Rolling Stone’s Matt Taibbi identified himself as one of the very few progressives with the integrity to call out his side of the ideological spectrum for what it is doing to the nation. He wrote in part:

I’ve lived through a few coups. They’re insane, random, and terrifying, like watching sports, except your political future depends on the score. The kickoff begins when a key official decides to buck the executive. From that moment, government becomes a high-speed head-counting exercise. Who’s got the power plant, the airport, the police in the capital? How many department chiefs are answering their phones? Who’s writing tonight’s newscast?

…We have long been spared this madness in America. Our head-counting ceremony was Election Day. We did it once every four years.

That’s all over, in the Trump era.

On Thursday, news broke that two businessmen said to have “peddled supposedly explosive information about corruption involving Hillary Clinton and Joe Biden” were arrested at Dulles airport on “campaign finance violations.” The two figures are alleged to be bagmen bearing “dirt” on Democrats, solicited by Trump and his personal lawyer, Rudy Giuliani.

Lev Parnas and Igor Fruman will be asked to give depositions to impeachment investigators. They’re reportedly going to refuse. Their lawyer John Dowd also says they will “refuse to appear before House Committees investigating President Donald Trump.” Fruman and Parnas meanwhile claim they had real derogatory information about Biden and other politicians, but “the U.S. government had shown little interest in receiving it through official channels.”

For Americans not familiar with the language of the Third World, that’s two contrasting denials of political legitimacy.

The men who are the proxies for Donald Trump and Rudy Giuliani in this story are asserting that “official channels” have been corrupted. The forces backing impeachment, meanwhile, are telling us those same defendants are obstructing a lawful impeachment inquiry.

This latest incident, set against the impeachment mania and the reportedly “expanding” Russiagate investigation of U.S. Attorney John Durham, accelerates our timeline to chaos. We are speeding toward a situation when someone in one of these camps refuses to obey a major decree, arrest order, or court decision, at which point Americans will get to experience the joys of their political futures being decided by phone calls to generals and police chiefs.

…My discomfort in the last few years, first with Russiagate and now with Ukrainegate and impeachment, stems from the belief that the people pushing hardest for Trump’s early removal are more dangerous than Trump. Many Americans don’t see this because they’re not used to waking up in a country where you’re not sure who the president will be by nightfall. They don’t understand that this predicament is worse than having .a bad president.  

“The people pushing hardest for Trump’s early removal are more dangerous than Trump.” Continue reading →

Ethics Warm-Up, 10/15/2019: Farrow, James, Biden, And Another Diploma Bites The Dust…[CORRECTED]

/ Jack Marshall / 13 Comments

Great.

Now there’s a tidal wave of too many ethics stories and issues to cover…

…and more than ever, I feel that an impeachment information and analysis website is essential, a civic  obligation, and likley to foce me to live out of a cardboard box. I also need to get Mrs. Q’s featured column launched. Naturally, I leave on another ethics seminar road trip today.

If the Red Sox were in the post-season, I’d have to shoot myself…

1. The up-side of the NBA’s cowardly pandering to China and its suppression of basic human rights…we learned what a shallow hypocrite LeBron James is. Of course, many of us knew this when James did his grandstanding champion of social justice act and  extolled Colin Kaepernick’s useless and incoherent protest.  “I stand with anyone who believes in change,” the B-ball superstar said, as if that means something.  It was still enough to attract excessive praise from the sports media. Last week, however, as the Los Angeles Lakers  returned home from a week-long tour of China, James said,

“Yes, we do have freedom of speech.  But at times, there are ramifications for the negative that can happen when you’re not thinking about others, when you only think about yourself. I don’t want to get into a word or sentence feud with Daryl Morey, but I believe he wasn’t educated on the situation at hand, and he spoke.”

Morey, the Houston Rockets GM who tweeted support for the Hong Kong protesters resisting China’s iron boot, only lacked education on how venal and without principles his league was, including stars like James. Morey was “thinking of others”: he was thinking of the people of Hong Kong desperately trying to hold on to as much liberty as they can. No, he wasn’t thinking about James’s giant paycheck, which is clearly all LeBron cares about.

He can take solace in a victory in the NBA’s “It’s not the worst thing” sweepstakes. San Farncisco Warriors coach Steve Kerr, when asked if he’d ever been confronted about human rights abuses on earlier trips to China, Kerr replied, “No. Nor has (America’s) record of human rights abuses come up either… People in China didn’t ask me about, you know, people owning AR-15s and mowing each other down in a mall.”

That’s right, Steve, there is obvious moral equivalency between China’s 30-65 million mass murders and its current oppressive government, and the United States of America. Continue reading →

Monday Morning Summary Of What Would Have Been In The Sunday Ethics Warm-Up That I Was Supposed To Post But….Aw, Forget It. Here’s Some Ethics Stuff…

/ Jack Marshall / 22 Comments

Good morning.

Boy, am I glad THAT week is over.

1. Moral luck saves the 2019 baseball post-season…for now. MLB missed a major disaster when an umpire missed a clear strike three (he ruled a foul) on Yankee slugger Gary Sanchez in a tied and crucial game between the Houston Astros and New York.  It was the 11th inning, meaning a tie-breaking run would mean a likely Yankee victory.  THAT would have meant that the Astros would have lost the first two games of a seven game series at home, a hole that very few teams in baseball history have been able to overcome.

Sanchez  struck out on the next pitch, and a Carlos Correia home run in the bottom of the inning sent the Astros to Yankee Staudium in a series tied 1-1. The botch was moot, and will soon be forgotten. But if he Sanchez hit a home run or otherwise led the Yankees to a decisive score, the ALCS might have been completely turned by a blown call captured on video for all to see.

And there would be no excuse: the rules allow no appeal on that kind of play, but there has to be.

Yes, it was “moral luck” again. The fact that the worst didn’t happen doesn’t change the seriousness of the fact that only luck saved the day and prevented a blot on the integrity of the whole 2019 post-season. Maybe it would have been better if the bad call had altered the game, the series, and the World Series. Maybe then baseball would stop waiting for the high-profile disaster caught on video that will force it to have ball and strikes called by technology. It took an umpire’s obvious blown safe call in what should have been the last out of a perfect game to make baseball go to replays, and anyone who watches many games knows how many times a reversal changes game outcomes. Continue reading →

Saturday Ethics Warm-Up, 10/12/2019: “If An Ethics Blog Expounds And Nobody Reads It…”

/ Jack Marshall / 29 Comments

 

Like that proverbial tree falling alone in the forest...

Epic lack of interest in Ethics Alarms today…

Oh, well…

1 . Today’s “Nah, there’s no mainstream media bias!” note for the day. Here’s that objective, professional, fair CNN reporter Jim Acosta (I’m fooling: he’s really a toxic, partisan, grandstanding hack) tweeting about the Presidents rally in Minneapolis:

How can anyone who tweets such offal continue to be employed as a White House correspondent? How can a news network that employs such a biased, dishonest jerkbe taken seriously?

The Q sign reference is especially egregious. “QAnon” is a weird conspiracy theory-driven sect, and the fact that some attendees at a Trump rally seem to support the nonsense—which is not worth explicating—proves nothing at all. But the rest of Acosta’s tweet is embarrassing too: the Trump campaigns have never bashed immigrants, just illegal immigrants, who ought to be bashed; hated of the press is stoked by the conduct of unethical journalists like Jim Acosta, and disruptive protesters are properly ejected from the political rallies of candidates from both parties. Continue reading →

Ethics Villains Of The Impeachment Coup, Part One

/ Jack Marshall / 13 Comments

I admit it: just as I sensed that it was important for Ethics Alarms to lend ethical clarity to the potentially (and possibly already) disastrous effort by the Democratic Party to abuse its power and Constitutional processes to remove (that is, overthrow) the President of the United States, I was overcome with a crippling combination of unrelated professional responsibilities and crippling weariness. I’m sick of writing about this topic; I’m even sick of thinking about it. I’m definitely sick of arguing about it on social media. The tag “2016 post-election Ethics Train Wreck” has been appended to more posts than any other, with no end in sight.

I floated the idea of creating a spin-off website that would endeavor to provide one-stop shopping for members of the public who wanted to counter media spin and information suppression on the topic. I do think this is an important project, and I have received a few generous offers to help. I’m still trying to figure out if I have the time to do it right; if I don’t, then it would be unethical to do it at all.

The fact that some polls show that the relentless pro-impeachment propaganda has led to a majority of Americans believing the President should be impeached is troubling, though 1) polls, and 2) on this topic even more than others, all the number shows is how many ignorant Americans are willing to opine at the moment on topics they know nothing about. “Survey Finds More People Would Support Impeachment If They Knew What Crime Trump Was Supposed To Have Committed” snarked the Babylon Bee.

Exactly.

I have several longish essays that I need to write, notably one titled “The Ethics Context of the Trump Impeachment Push.” It should have been written last week, and I’ll be lucky if I can get it complete next week.  I know how important the Democratic Party/ “resistance” /mainstream media coup attempt is. As I have been writing here since January 2017, it is the most important ethics story of modern U.S. political history.

I’ve got to keep the analysis moving, even if it’s too slow.

Here, for reference purposes and future discussions, is a list of the Villains of the Impeachment Coup. Continue reading →

The Return Of The Finger Gun

/ Jack Marshall / 22 Comments

 

If finger guns are made illegal, only those with fingers will have guns. No, wait..if fingers that can be be made into guns are illegal, only criminals will have fingers. No, that can’t be right…

I cannot resist posting this right after the previous post.

The last time Ethics Alarms discussed punishing children for making finger guns was in 2013. A six-year-old boy in Maryland’s ultra-progressive Montgomery County was suspended from school for making a finger and thumb gun gesture.

This came at the height of post-Sandy Hook anti-gun hysteria, though that was no excuse. I concluded the post,

This is, in order of importance,

  1. Child abuse. This young boy is being treated like a wrongdoer because the adults around him are acting like babies. Will they suspend him for making really scary faces next? Biting his pizza slice into threatening shapes?
  2. Proof of incompetence on the part of the school administrators. Why incompetence? They are stupid, that’s why. Only certifiably stupid people would think it is fair, sensible or reasonable to punish a first-grader for making a gesture kids have been making on playgrounds for hundreds of years, without a single casualty.
  3. Why many people lose respect for anti-gun zealots early in life. They forfeit all respect by acting like ninnies.

The dismaying aspect of this is ridiculous episode is that it has happened before in other schools, and clearly the message wasn’t sent clearly enough to the previous offenders–that is, the fools who victimized innocent children for miming, drawing or otherwise suggesting guns—that this kind of conduct is a career-ender. It should be; it has to be. Such irrational fearfulness, bad judgment, panic, disregard for the sensibilities of the young, lack of proportion and brain dysfunction forfeits all right to trust, and such fools must not be allowed to have power over young bodies and minds.

Nevertheless, it has happened again. Continue reading →

Morning Ethics Warm-Up, 10/10/19: Omar, Warren, Clinton, And Urinals

/ Jack Marshall / 38 Comments

Good morning!

Yesterday I had completed a 3-hour Ethics CLE program for a distinguish national law firm’s D.C. office, aided by my sister, retired justice Dept. and HHS attorney Edith Marshall. (This time, her role was to lead the attendees in the chorus section of my legal ethics parody of “Trouble in River City” from “The Music Man.”) I knew that I should have gotten some posts done when I returned, but a) I was exhausted and b) there were two Game Five play-off games to watch. Sometimes, baseball comes first. Priorities! Congratulations to the St. Louis Cardinals for an upset win over the Braves, whose horrible fate of giving up ten runs in the first inning I wouldn’t even wish on the Yankees. Imagine knowing you have lost before your team even gets up to bat, and that you’re in front of the home team fans who will have to suffer through three hours of slow, inevitable humiliation. Ugh. The Braves lost with as much dignity as possible in such a hopeless situation. And congratulations to the resurgent Washington Nationals, who came back from a late  deficit to tie the game in the eighth, and then won on a grand slam in the tenth. They are now headed to the seven game play-off to determine who represents the NL in the World Series, the first time a Washington, D.C. team has been this close since 1933. D.C. really needed this.

1. Should it matter? Minnesota Fifth District Rep. Ilhan Omar, she of “The Squad” fame (or infamy)  has filed for divorce from husband Ahmed Hirsi, whom she only married last year, though he is the father of her three children. Omar’s petition for dissolution of her marriage has been posted online here. Our sole Somali Muslim House member previously was married to  Ahmed Nur Said Elmi, who appears to be her brother and whom she married to perpetrate a citizenship fraud in 2009. Omar legally dissolved that marriage in 2017. There appears to have been a period where she was married to both men. Omar has never given a straightforward explanation for her tangled domestic affairs.

Should any of this matter? These things really do constitute “personal, private conduct,” unlike the workplace misconduct that the enablers of Bill Clinton tried to defend by using that term. If Omar did perpetrate a fraud, however, or was married to two husbands, those are very relevant to her fitness to serve as a law-maker. Continue reading →