Ethics Train Wrecks

Sunday Ethics Refresher, 3/24/2019 [PART I]: Bad News And Disenchantment

/ Jack Marshall / 13 Comments

It will be a

Good morning!

if I stay away from the network talking head shows…

1 Nah, there’s no mainstream media bias! Ann Althouse has a valid observation (some commenters feel it has been obvious for a long, long time) this morning…she writes in part,

I’m seeing 2 big examples of how the media are reporting good news for Trump this weekend. It’s really embarrassing for them because the 2 stories are very big and very good for Trump and, in both, the same move is made to turn it into something negative and ominous.

1. The Mueller investigation has concluded, and though we can’t read it yet, we know that it means that there will be no charges against Trump or any of his people that have to do with colluding with Russians to affect the election. Though some Russians were charged and some of Trump’s people were charged with lying to investigators, the whole reason for the special investigation seems to have been a phantom. After 2 years of uncertainty and anxiety, this is an immense relief and vindication for Trump. Fantastic, upbeat news. Now, here’s how the NYT is presenting the story on the top, left corner of its front page:

As Mueller Report Lands, Prosecutorial Focus Moves to New York

The work by the special counsel, Robert S. Mueller III, may be done, but prosecutors in Manhattan and elsewhere are pursuing about a dozen other investigations.

It all but ensures that a legal threat will continue to loom over the Trump presidency.

2. Under Trump, the Islamic State has been ousted entirely from the territory it had taken over. This is a distinct, satisfying military victory in what has been a long and difficult war. It is the second story on the NYT front page right now, where it looks like this:

THE ISLAMIC STATE

Its Territory May Be Gone, but the U.S. Fight Against ISIS Is Far From Over

• Thousands of Islamic State fighters are still at large in Iraq and Syria, rearming and regrouping.

• The U.S. and its partners still face significant battles against the group elsewhere, in Afghanistan, West Africa and the Philippines.

So watch for it. The rule is: When something good for Trump happens, find the nearest bad thing and make that the focus of the news report.

No other U.S. President has been treated like this by the news media, and this treatment has been consistent from the beginning of his administration. It’s goal, and effect, is undermine public trust and distort public perception. Continue reading →

Ethics Emanations From The Great Mueller Report Disappointment

/ Jack Marshall / 44 Comments

The mainstream media—mostly–continues to disgrace itself in the wake of the Mueller report, as do others, like the despicable Bill Maher. I can’t wait to see how Stephen “Cockholster” Colbert tries to spin it, while being hilarious, of course. Remember, this was a destructive smear on the character, patriotism and loyalty of a newly elected U.S. President, launched without any justification other than the fact that Democrats , and especially Hillary Clinton, cannot accept the fact that someone like the real estate mogul/ reality TV star could beat the party’s coronated successor to the Great Obama. Surely, some sinister conspiracy had to be at work. Based on this, and nothing else, we have  seen a nearly three-year, oppressive inquiry interfering with the President’s ability to govern, while subjected to a non-stop barrage of news reports finding looming impeachment in every leak.

Ethics Alarms flagged it as the coup attempt it was from the beginning. This didn’t require any special acumen. All it required was objectivity, common sense, and a rueful appreciation of how totalitarian the Democratic Party has become in its values and tactics.

Some notable and illuminating reactions, and some heroes and villains…. Continue reading →

Morning Ethics Warm-Up, 3/21/19: Planes, Tribe and McCain

/ Jack Marshall / 22 Comments

Good morning!

I’m pretty groggy after one intense early morning seminar, five delayed flights,  the long trip home from San Diego, and a midnight arrival back in Virginia, but my ethics alarms seem to be functioning…

1. Today’s air travel ethics saga: I travel as light as possible for trips of two nights or fewer, carrying only my stuffed soft briefcase and a garment bag the is almost empty. I will not become part of the selfish flying hoards who lug ridiculous roller-boards onto the plane, slowing the loading process and hogging the limited storage space. (The airlines should charge passengers for bringing the luggage on board, not for checking it. Morons.) The barely filled garment bag (I wear my suit on the plane) always fits somewhere,  and even when they announce that all bags must be checked at the gate because there is no more space in the bins, I have always been allowed to bring my bag on board…until last night. Two rude and officious American gate monitors ordered me to surrender my bag or, they threatened, be forced to take a later flight. (“Hmmm..what does “later flight” mean to American since this flight is late taking off and the other four flights I’ve been booked on this trip were also late?” I queried. They just didn’t listen to what I was saying, and kept reciting the policy that I had to store one bag overhead and another under my seat.

I have always believed that you can’t take bureaucratic bullying passively, so I asked if there was a supervisor I could talk to. There was: a harried middle-aged guy with a bad toupe. He did listen, as I explained that I knew my own travel supplies, and that unless every compartment was filled with cement, I could easily find a place for my bag, because in nearly a hundred flights, I always have. Furthermore, I pointed out that it was unfair to treat me , one of the few passengers who carries minimal baggage as a matter of consideration and ethics, this way when other passengers were abusing the privilege of carry-on luggage. The guy said that he agreed with me, but since he hadn’t seen my confiscated bag, he couldn’t assess whether I was right or his subordinate Gate Nazis were. Having made my stand, I thanked him, and made my way down the jetway. Continue reading →

Lunch time Ethics Warm-Up, 3/19/19: Madea, Plan C, And More.

/ Jack Marshall / 13 Comments

Yum yum!

Winging off to San Diego in a couple of hours, so be on the alert for an Open Forum while I’m in the air. It’s amazing: I’m going to spend two and a half days of air travel and hanging around a hotel and airports to give a 75 minute legal ethics presentation, albeit to a mob of over 600 lawyers.

1.  From the Ethics Alarms double standards files…

Let’s see: this film has gross black stereotypes and a man in drag, but not in a good, transgender way. I assume nobody will disagree that if this film was made by a white man, it would be received with horror and declared racist, and the white filmmaker would be apologizing to everyone and everything in sight.

2. The return of Plan C! As most recently noted here, Plan C is the obscure and outdated Emoluments Clause. In a series of tweets reviving the specious accusation  President Trump is violating the Constitution by owning businesses while he is President, something never anticipated by the Founders and an issue that was barely discussed by the news media during the campaign, Walter Shaub, a former director of the Office of Government Ethics who long ago declared himself a “resistance” ally,condemned the Embassy of Kuwait’s decision to celebrate its National Liberation Day at the hotel on Feb. 27. He wrote,

 “Kuwait got the message. Turkey got the message. Saudi Arabia got the message. The Philippines got the message. The question is: Which of our allies will stand with the American people, and which will seek to enrich our corrupt President? We will watch. We will remember.”

Oh, eat a bug. Emoluments Clause of the U.S. Constitution (Article 1, Section 9, Paragraph 8) stipulates that no federal officeholders “shall receive gifts or payments from foreign state or rulers without the consent of Congress.” But payments obviously means pay-offs, and payment for services isn’t a gift. Not are Trump organization receipts payments to the President. I note that Shaub is now a fellow at The Citizens for Responsibility and Ethics in Washington (CREW), which I used to write about more before I got sick of it. It is the political equivalent of Media Matters, posing as an ethics watchdog when it’s agenda and biases are flagrantly partisan. I regard Shaub using his prior position as authority a breach of ethics: he’s posing as an objective analyst, and he’s not. Indeed, resorting to the silly Emoluments Clause to attack Trump is signature significance. Continue reading →

Interview Ethics: Sabotaging A Job Candidate, With A Kavanaugh Hearing Flashback

/ Jack Marshall / 5 Comments

Frequent commenter and old friend Vinnymick flagged this one, thus proving that someone took my recent appeal for out-of-the-way ethics topics seriously. He pointed me to a Washington Post article, which lays out its topic thusly:

“While browsing Twitter recently, I came across a post that suggested an innovative interview technique: Take a job candidate out for a lunch interview, then secretly ask the server to intentionally mess up the candidate’s order. The purported goal: to see the candidate’s true nature. “It’s easy to say how you would handle when things go wrong, [but] hard to fake your reaction as it happens,” the post concluded.”

Or, as another type of sabotage, have an old high school colleague of the interviewee sit down at the table and accuse him of sexual assault. Then observe how he reacts to that!

The Kavanaugh debacle came to mind immediately, in part because so many who rationalized the Democrats’ abuse of Justice (now, judge then) Kavanaugh was that it was a “job interview.” No, it wasn’t, as I repeatedly had to explain to people (but, you know, when progressives are in the process of a Trump-related freak-out, you can’t explain anything to them(, in a real, fair and professional job interview, the interviewer hasn’t already decided that he or she doesn’t want to hire you, as nearly every single Democrat regarded Kavanaugh before the hearings began . In a job interview, you are being interviewed by your potential supervisors and those who you will be working with if you are hired. The Supreme Court doesn’t report to the Senate, take orders from the Senate, or work with the Senate. In a job interview, there is a presumption of good faith between the job seeker and the interviewer. No, the Kavanaugh hearings were a transparent effort to sabotage the  judge’s nomination from the outset.

Now back to the article’s hypothetical: Of course pulling a stunt like the one described is unethical. An earlier Ethics Alarms essay on “silly job interview ethics”—it’s pretty good, I must say, and I had completely forgotten that I wrote it— recommended that if an interviewer starts abusing you, and this is abuse, excuse yourself, saying, “I’m sorry. I was under the impression that I was applying for a position with an organization that respected serious professionals, and that would never exploit the interview process for its own amusement at the discomfort of someone who expected fair and courteous treatment. I apparently was mistaken.”

I added,

I think the use of odd interview questions is a symptom of an arrogant and essentially untrustworthy corporate culture. There may exceptions, but I don’t believe it’s worth the gamble. If the interviewer starts messing with your emotions and confidence, tell him or her to cut it out, or better yet, leave.

Continue reading →

Saturday Ethics Warm-Up, 3/16/2019: Smirks, Grovels, Smears, Gotchas And Gracelessness

/ Jack Marshall / 21 Comments

Gooooood MORNING!

Feeling blue today, so I had to start off with the great Charles Trenet magic ballad.

1. “I’m smart! I’m not dumb like everybody says!” Yesterday I hypothesized that Southern Poverty Law Center founder Morris Dees was fired because of sexual harassment allegations. Apparently I was right.

2. Another hypothesis! I think I may know why the unhinged media and MAGA-haters went so over-the-top bonkers over Nick Sandmann’s supposedly sinister smile when the Native American jerk was banging a drum in his face. We’ve been streaming 2018’s “The Assassination of Gianni Versace” on Netflix, and it is amazing how much Darren Criss, playing serial killer and sociopath Andrew Cunanan, resembles Sandmann in that unfortunate photo. I suspect that Martinez’s disturbing performance as a gay predator was sill percolating in the minds of some observers, and Sandmann’s “smirk” stirred extreme revulsion that wasn’t entirely his doing.

Look:

3.  “Never apologize; It’s a sign of weakness.” Capt. Nathan Brittles’ (John Wayne) rebuke of a young cavalry officer (Harry Caray Jr.) in “She Wore A Yellow Ribbon” is sometimes right, especially recently, when cowardly public figures apologize when they have done nothing wrong.

Yesterday, a group of students at an NYU vigil dedicated to the 49 people were murdered in two mosques in central Christchurch, New Zealand confronted Chelsea Clinton, accusing her of sparking the massacre by condemning the anti-Semitism of Democratic Minnesota Rep. Ilhan Omar. “The 49 people died because of the rhetoric you put out there!” one student told her. If Chelsea had any integrity at all—and to be fair, given her parents, how could she?—she would have told all of the students that blaming a massacre in New Zealand on legitimate criticism of a Jew-bashing Muslim demagogue in the U.S. was moronic, and she should have queried the students about whether they got into college because someone had taken their tests for them, since they lacked the critical thinking skills to run a bait shop. But no…lacking integrity and courage, the former First Daughter grovelled to the mob, because that’s what good progressives are supposed to do in 2019, saying, “I’m so sorry that you feel that way. It was certainly never my intention. I do believe words matter. I believe we have to show solidarity.”

Then there’s the latest entrant into the Democratic Presidential race, Beto O’Roarke, who yesterday apologized for for joking at several events in his first two days campaigning in Iowa that his wife has been raising their three children “sometimes with my help.” After grovelling for that, he  apologized for fiction he wrote when he was a teenager, using the pen-name Psychedelic Warlord, about murder written from the murderer’s point of view. He said he was “mortified to read it now, incredibly embarrassed… whatever my intention was as a teenager doesn’t matter.”

This kind of reaction is why the unethical Hader Gotcha! is becoming an epidemic. Bravo to Ann Althouse for a great take-down:

No. I want him to apologize to the teenager, the boy he once was. Apologize for saying he doesn’t matter. Apologize for being embarrassed for him. Who the hell are you to be embarrassed for him? You are erasing him. You are misappropriating him. What about the teenagers today who hear you and resolve never to write fiction lest it trip up some aggressively ambitious person they may grow into some day?

4. Meanwhile, another Hader Gotcha! finally fails. Right wing activists Jack Posobiec and  Mike Cernovich got James Gunn fired by Disney as the writer-director of Guardians of the Galaxy 3, after he unearthed old tweets in which Gunn made tasteless and politically incorrect jokes. Hundreds of thousands of people signed a Change.org petition asking Disney to reconsider. Of course, Gunn also grovelled sufficiently, saying that his tweets were “stupid, not at all funny, wildly insensitive and certainly not provocative like I had hoped.”

Cernovich and Posobiec maliciously set out to hurt Gunn after he had criticized President Trump on social media. Now Cernovich has demanded that Media Matters  boycott Disney ,  telling  TheWrap, “Disney’s rehiring of James Gunn presents an excellent opportunity for Angelo Carusone and Media Matters to show they are principled fighters for social justice. I eagerly await joining Media Matters’ boycott of ‘Guardians of the Galaxy 3.” This is all to prove that Media Matters is biased and hypocritical (like Cernovich), because it has called for a boycott of Fox News pundit Tucker Carlson based on his comments during an old interview with Bubba the Love Sponge.

Ethics note: Kant correctly declared that using human beings as a means to an end is unethical. But no one involved in this episode gave a thought to ethics at all, much less Emanuel Kant.

4.  This is why nobody should read Vox. From Ezra Klein’s website:

President Donald Trump just used similar language to describe immigrants coming into the United States that the alleged mass shooter did to justify killing nearly 50 Muslims in Christchurch, New Zealand. On Friday, Trump issued the first veto of his presidency to override a congressional blockade of the national emergency he declared at America’s southern border. During the veto signing ceremony, Trump explained why he felt a national emergency was warranted to stop migrants from entering the US. “People hate the word ‘invasion,’ but that’s what it is,” he said, according to the White House pool report. That is chillingly similar to the language the main suspect in Friday’s Christchurch terrorist attack used to explain why he chose to gun down at least 49 Muslims.

  •  The President has never  called immigrants “invaders.” He has called illegal immigrants, who fit the definition of invaders,  what they are. The victims of the two Mosque shootings were not illegal immigrants.
  • The President never uses the term “migrants,” which is another deceitful language tactic to blur the material differences between legal and illegal He does not want to “stop migrants” from entering the U.S. He wants to stop terrorists from entering the U.S., and he wants to stop illegal immigrants.
  • “Using the same language” as someone who does vile things is a desperately unethical accusation and contrived offense, unless the contexts are identical, the words used mean the same thing, and the intentions are the same. Here, they were not—not even close.

5. Rejecting democracy. Oh, let’s have Stacey Abrams run for President too! She fits. Like her increasingly anti-democratic and ironically named party, she wants to undermine public trust in elections. This week the defeated  Georgia Democratic gubernatorial candidate  again claimed that she won her November election against Republican Brian Kemp, though the vote tallies say otherwise. “I did win my election. I just didn’t get to have the job.”

She has no proof of this, of course;  just the continuing Democratic Party’s corrosive  Big Lie that the system is rigged against female and minority candidates. Hillary Clinton started this partisan trend of refusing to accept defeat with grace and magnanimity, as the system requires to remain viable, unless you want to count Al Gore. Now Abrams says that she will never concede that she lost. Naturally, Hillary, the worst loser in U.S. Presidential history, backs her up. (Clinton, you might recall, excoriated Donald Trump for trolling that he might not accept the election results as legitimate…when she assumed she would win.) Clinton said during her speech on the anniversary of “Bloody Sunday” march,

“We know, don’t we, that candidates both black and white lost their races because they had been deprived of the votes they otherwise would have gotten. And the clearest example is from Georgia. Stacey Abrams should be governor, leading that state right now.”

We just know! Just like Democrats just know President Trump has done something impeachable, and just knew Justice Kavanaugh was a rapist, and just know all sorts of things so intensely that evidence and due process aren’t required.

Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More

/ Jack Marshall / 20 Comments

Good morning

…after a lousy night’s sleep.

 I’m going to deal with the Peter Strzok/Lisa Page Congressional testimony in a full post, but I’ll give a preview here.. As I will elaborate then, this makes me feel like I am going crazy, and also creates dilemmas regarding what this blog is about, and how to keep it trustworthy. The story that has developed over the past week is almost incredible in its objective implications for the Obama administration’ legacy (Did you know that there were NO SCANDALS under President Obama?), the 2016 election, Hillary Clinton, the Mueller investigation, the Justice Department, the Democratic Party, and the efforts to undermine the Trump Presidency, and by extension, our democracy. When I write about all of this, however, the result will sound like an over-heated conspiracy theory from the depths of Breitbart. I know that’s what my bubble-dwelling friends on Facebook will say, and what the Ethics Alarms exiles who were, and, I’m sure, still are, incapable of believing anything but “resistance” and Democratic anti-Trump talking points will think as well. I checked yesterday’s New York Times page by page: there was nothing about what Peter Strzok and Lisa Page revealed under oath…not in the news, not on the op-ed page, not in the letters to the editor. How can that be, in a paper that claims to present “all the news that’s fit to print?” I didn’t check the Washington Post (I don’t get the paper version) , but I assume a similar black-out from the paper that hypocritically proclaims that “Democracy Dies In Darkness.” Senator Lindsay Graham s calling for a new Special Prosecutor, and if we had an honest, non-partisan news media, I assume—I hope—that the informed public, at least the uncorrupted portion that has principles that transcend politics, would be doing the same. I know U.S. government and Presidential history better than most, and what I see—and can see only because I do not trust the mainstream media–is worse than Watergate (that over-used phrase) and far, far scarier, because this time, the press is part of the cover-up.

1. Addendum. One legacy that may be ticketed for oblivion is that of John McCain. We learned yesterday that a close McCain associate aggressively circulated the discredited, Trump-smearing Steele memorandum to media outlets all over D.C. after the President was elected. From the Daily Caller:

David Kramer, a former State Department official, said in a deposition on Dec. 13, 2017 that he provided a copy of Christopher Steele’s dossier to reporters from McClatchy, NPR, The Washington Post, The Wall Street Journal and BuzzFeed and CNN’s Carl Bernstein. He also shared the report with State Department official Victoria Nuland, Obama National Security Counsel official Celeste Wallander and Illinois GOP Rep. Adam Kinzinger.

If Senator McCain knew about this, or worse, engineered it, he was trying to undermine the sitting President. Based on his petty and vindictive conduct in the period between the election and his death, this seems very plausible, and even likely.

2. Meanwhile, here’s another irresponsible Trump Tweet storm…which has received more publicity in major news sources than indications that the Obama Justice Department was working to manipulate the 2016 Presidential election. The President tweeted that “airplanes are becoming too complex to fly”   two days after the Ethiopian Airlines crash that killed all 157 people aboard, and before any official assessment of the causes of the crash  was made, “Split second decisions are needed, and the complexity creates danger. All of this for great cost yet very little gain. I don’t know about you, but I don’t want Albert Einstein to be my pilot. I want great flying professionals that are allowed to easily and quickly take control of a plane!”

Ugh. Talk about abusing a position to make the public dumber. This is just Luddite blathering from someone who has no more expertise regarding airplanes than my mailman. It is not an informed opinion, and the comments can do no good, while causing tangible damage in unfounded fear.

I do agree that Albert Einstein would be a poor choice as a 737 pilot, as would Genghis Khan, Ed Wynn, and Katherine the Great, being untrained in flying AND being dead as mackerels.

2. Another liberal champion bites the dust (and I think I know why).  From the Montgomery Advertiser:

The Southern Poverty Law Center fired Morris Dees, the nonprofit civil rights organization’s co-founder and former chief litigator. SPLC President Richard Cohen said in a statement Dees’ dismissal over his misconduct was effective on Wednesday, March 13. When pressed for details on what led to the termination, the organization declined to elaborate. “As a civil rights organization, the SPLC is committed to ensuring that the conduct of our staff reflects the mission of the organization and the values we hope to instill in the world,” Cohen said in the emailed statement. “When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action.”

The Law Center is literally an extension of Dees; he has been its face and founder. I’ve been at an award ceremony for Morris Dees. An organization doesn’t treat its progenitor this way unless it has to, and Dees, according to reports, was no longer active in the SPLC’s activities. There is an undropped shoe, and I’m betting the Oxford is one more sexual harassment scandal involving a liberal icon. What other “conduct” would get Dees fired, unless the hate-group labeling group’s founder was using shoe-polish to imitate Michael Jackson?

3.  So how long before college tuitions come down, people stop assuming those with degrees from Harvard are smarter than those who don’t, and higher education admits that a complete overhaul is overdue and mandatory, since colleges have become political indoctrination centers rather than educational institutions?  Commenting on the college admission scandal, George Mason University professor Bryan Kaplan writes at TIME:

…The admissions scandal is an opportunity to separate the lofty mythology of college from the sordid reality. Despite the grand aspirations that students avow on their admission essays, their overriding goal is not enlightenment, but status. Consider why these parents would even desire to fake their kids’ SAT scores. We can imagine them thinking, I desperately want my child to master mathematics, writing and history — and no one teaches math, writing and history like Yale does! But we all know this is fanciful. …Most majors, however, ask little of their students — and get less. Standards were higher in the 1960s, when typical college students toiled about 40 hours a week. Today, however, students work only two-thirds as hard. Full-time college has become a part-time job….Why do employers put up with such a dysfunctional educational system? Part of the answer is that government and donors lavish funding on the status quo with direct subsidies, student loans and alumni donations….The deeper answer, though, is that American higher education tolerably performs one useful service for American business: certification.

… When I was in high school, my crusty health teacher loved to single out a random teen and scoff, “You’re wanted … for impersonating a student.” If you can get your less-than-brilliant, less-than-driven child admitted, he’ll probably get to impersonate a standardly awesome Ivy League graduate for the rest of his life.

…[T]ruth be told, this salacious scandal proves next to nothing. It just illustrates the obvious. Though we casually talk about our “institutions of higher learning,” little learning is going on. Sure, college is an intellectual banquet for the rare students with a passion for ideas and the energy to locate the also-rare professors with a passion for teaching. The vast majority, however, come in search of a stamp on their foreheads that says grade a — and leave with little else. If the parents accused by the FBI are guilty as charged, don’t say they failed to understand the purpose of a college education. Say they understood its purpose all too well.

Bingo.

 

 

Nancy Pelosi And Impeachment Ethics

/ Jack Marshall / 47 Comments

Clearly, it’s time to revisit impeachment ethics issues, after Nancy Pelosi’s snide declaration (after saying that she is always respectful of the Presidency, mind you), that the President “wasn’t worth it,” it being the political risk of sending him to a trial in the Senate. We should pause a second to acknowledge the hilarity inherent in the Speaker saying that impeachment wasn’t desirable because it would be “divisive to the country” and “divides the country.”  The Democrats, led by Barack Obama, who pointed the way, have intentionally and cynically sliced and diced the country into victims and villains, champions of the oppressed and deplorables, for a decade, unforgivably risking national strength, comity, and peace for speculative electoral gain.

We haven’t added a new Plan to the list of “resistance” and Democratic Party coup attempts—for that’s what they are–including impeachment theories, since last July, though many of the classics re-emerged in the news.  Remember, there were law professors who advocated impeaching Trump before he was inaugurated.  Here’s where it stands:

Impeachment And Coup Plans.

Plan A: Reverse the election by hijacking the Electoral College.[Status: FAILED and DEAD, until it rises again in 2020]

Plan B: Pre-emptive impeachment.  [Status: FAILED and DEAD]

Plan C : The Emoluments Clause. [Status: Still twitching! ]

Plan D: “Collusion with Russia” [Status: On life support]

Plan E : ”Trump is mentally ill so this should trigger the 25th Amendment.” [Status: Amazingly, still being talked about .]

Plan F: The Maxine Waters Plan, which  is to just impeach the President as soon as Democrats control both Houses, because they can. [Status: Hope springs eternal!]

Plan G : “The President obstructed justice by firing incompetent subordinates, and that’s impeachable.” [Status: LAME, but ONGOING]

Plan H: “Tweeting stupid stuff is impeachable” [Status: ONGOING]

Plan I:  “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps and does something really impeachable.” [Status: ONGOING]

Plan J : Force Trump’s resignation based on alleged sexual misconduct that predated his candidacy. .[Status: FAILED and DEAD]

Plan K: Election law violations through pay-offs of old sex-partners [Status: ONGOING]

Plan L: The perjury trap: get Trump to testify under oath, then prove something he said was a lie. [Status: To be determined.]

Plan M: Guilt by association. Prove close associates or family members violated laws. [Status: Ongoing.]

Plan N: Claim that Trump’s comments at his press conference with Putin were “treasonous.”

I’m sure you’ve noticed that the soft coup-complicit news media hasn’t been predicting impeachable results from the Mueller investigation lately, which seems odd, since they have been fanning flames of anticipation and suspicion from the day it started. This is because most rational observers are pretty certain that Trump, as he has said from the beginning, did nothing wrong, and certainly nothing impeachable regarding Russia. Never mind:  Democrats have made it clear that this soon-to-be-pronounced dead horse will be flogged by them into goo as long as it attracts donations and is a viable means of stopping the elected President from doing the job he was duly elected to do. Continue reading →

Unethical, Damning And Revealing: “Can Peer Pressure Defeat Trump?”

/ Jack Marshall / 22 Comments

That was the title of an essay in the New York Times Review section a couple of weeks ago. I took a while to get around to reading it, because it was authored by Amy Chozick, the Times journalist who wrote “Chasing Hillary,” an extended mea culpa for contributing to Hillary Clinton’s ‘s defeat by actually reporting the news. I don’t really care what someone capable of writing that thinks, but in this case, she is revealing the frightening, fascist, ends-justify-the means and power-at-any-cost mind-set of her colleagues, her party, the “resistance,” and those Facebook friends of mine who gang-attack me any time I point out that their Trump hate has eaten their brains, ethics, and respect for democracy.

“We are intensely social creatures and need to situate ourselves inside the collective,”she quotes  a professor emeritus of psychology and marketing at Arizona State University as telling her. From that Amy—can I call you Amy?—endorses the use of “peer pressure” —gentle, of course!—to make sure the President she and all decent people detest is defeated. Her title is itself a form of peer pressure, since she assumes that defeating Trump is what “everybody” wants, “everybody” meaning the Good People, like her. And Hillary.

I’m sorry, I threw up in my mouth there and had a giggling fit. I’m OK now.

I taught my son to ignore peer pressure, conventional wisdom, going along with the crowd, going along to get along, and caring so much about who likes you that you surrender your mind and soul. I was taught the same lessons by my relentlessly contrary, idealistic father, who drove my mother to distraction by quitting one job after another when he felt he was being asked to take part in activities he believed were wrong. He suffered for this proclivity, as have I on occasion, and as has my son already at the tender age of 24. But none of us were or are inclined to do what someone else wants us to do because of threats, shaming, mobs of advocates, mass news media propaganda, or social media bullying.

For that is what Chozick is advocating, the strategy we have been seeing since that fateful day in November of 2016 when sufficient voters decided electing a true outsider and an obnoxious one at that was the perfect way to send an indelible message to the arrogant Leftist Elite who just assumed that their dishonesty, corruption, manipulation and contempt for democracy and American values didn’t matter to the public any more.

As I wrote at the time, it was a defiant gesture akin to the decision of Delta House to destroy the homecoming parade of the college that had expelled them. Otter says,” I think that this situation absolutely requires a really futile and stupid gesture be done on somebody’s part!” Sometimes the bad guys just can’t be allowed to win, and Americans. thank God, are still ready to say “Fuck you!” to people who think they can order them around. Yes, electing Trump was a surprising, but much deserved, “Fuck you!”

Of the many, many unexpected benefits of Trump’s election (along with many expected deficits) , perhaps the most important has been the crazed Left’s open revelation that it has no principles whatsoever, closely followed by the completely corrupt news media’s self-impeachment. The opposition to the President—how dare he defeat Hillary, when it was time to elect a female President?—has been an escalating series of anti-democratic, indeed totalitarian tactics. The “resistance’s” violent ally, the antifa, began attacking Trump supporters during the inauguration, a fair imitation of Brown Shirts even as the “resistance” was calling the President a Nazi. That Big Lie has persisted, as have many others, most of which are false projections on Trump.of conduct that Democrats and progressives have, shockingly, adopted as their own.

They have made it clear that they do not believe men should have the rights of due process and presumed innocence, but Trump is the gender bigot . (He is, but just personally, not in his policies) With barely a wisp of proof, they state as fact that Trump is a racist, while aggressively promoting anti-white bias in their schools, colleges, and the news media. Their house historians and scholars assemble slanted and deceitful arguments to accuse the President of “breaching Democratic norms” while Democrats and their leaders have trashed one essential system-bolstering tradition and norm after another. They refused to accept the verdict of the election. They have sought to manufacture justifications for impeachment in the absence of any conduct that meets the Constitutional standard. They have, in fact, called for impeachment purely because they don’t think Trump is “fit to be President,” ignoring, and trying to alter the fact that our system makes the people the arbiter of that issue, not the election’s bitter losers.

They used high school conduct and an unsubstantiated accusation to try to defeat the President’s SCOTUS nominee; they have used obscene language and vile insults that were previously taboo to diminish him; they have attacked the President while he was representing the nation on foreign soil; they have even made it impossible for him to fulfill the unifying symbolic functions of the office, like presiding over the Kennedy Center Honors, appearing at the White House Correspondent’s dinner,  or throwing out the first pitch in a baseball game. They have weaponized the news media as a partisan force, as demonstrated by the one-way focus of CNN and other news sources.

But it’s the President who is dangerously breaching “norms.” Amazingly, many people believe this, because their peer group is saying it’s so loudly and meanacingly, or because they are not especially attentive, knowledgeable, or bright.

Perhaps the most relentless and despicable of the Big Lies emanating from the hate-filled Left is the constant fear-mongering. Since everything did not go to hell under President Trump as “the resistance” was telling us it would (an otherwise smart Massachusetts lawyer, a single mother, told me in December 2016 that she was “terrified” that her toddler son was doomed.) Every day, every single day, I hear interviews by celebrities and read everything from movie reviews to cooking features in which someone casually throws in a reference to how anxious everyone is and how we are in a crisis of existential proportions.

This week, Nick Kristof, always a hard-left scold but now apparently completely infected by the fact-free anti-Trump madness of New York Times colleagues like David Leonardt, Paul Krugman and Charles M. Blow, actually wrote a disgraceful op-ed headlined, “We Will Survive. Probably.: American democracy is too resilient for Trump to destroy.”

This is propaganda, not opinion. The only threats to Democracy posed during the first three years of the Trump administration have been the loss of fair, objective and honest news reporting, and the Democratic Party’s ongoing effort to overthrow the President.

Such unconscionable distortions of reality are the catalyst for the “peer pressure” that Chozick endorses. Almost every day, there is a story of one of Chozick’s compatriots attacking someone, sometimes a child , for wearing a MAGA cap. Here’s a recent sampling:

  • “Martin County bus aide offended by MAGA hat grabs it off head of 14-year-old boy”

  • MAGA-hat wearing teen claims California high school wouldn’t permit her to wear hat

  • High school student charged with assaulting classmate wearing MAGA hat, Trump banner

That’s the kind of “peer pressure” that Chozick is endorsing, the gentle examples in her essay notwithstanding, because she knows that that’s what her fellow progressives are doing and have been doing, and it’s not “gentle”: using threats, fear, shaming, and majority pressure to make people do what the mobs–the “peers”—want them to do, or else. Or else we won’t like you, or else we won’t include you, or else we’ll conclude you’re a racist/sexist/ homophobic person who likes seeing children shot/ mean bastard who doesn’t think starving children in South America should have a better life who’s taking marching orders fro Fox New and Sean Hannity.

The peer pressure she is extolling is intimidation. It is a totalitarian strategy, not a democratic one. The Trump-hating hysterics can’t persuade because their position is built on Big Lies, fear, emotion, bias, and historical ignorance. If they can’t persuade us to agree with them, and we are independent enough to see through the lies, then they will try to force us. Hurt us, if necessary.

You know. “Peer pressure.”

 

I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

/ Jack Marshall / 24 Comments

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading →