Category Archives: Government & Politics

The Good, Bad Lucky, Unlucky, Legal Illegal Immigrant: Colorado Governor Pardons A Convicted Armed Robber

It is  misleading to describe this story as a Democratic governor letting an convicted armed robber escape punishment so he can stay in the US, though that is how it is being reported.

The world has gone mad, but the pardon issued to convicted bank robber Rene Lima-Marinby by Governor John Hickenlooper isn’t necessarily proof of that, though Lima-Marinby’s weird story is.

He came to the U.S. as a toddler in the 1980 Mariel boat lift from Cuba, and had obtained  legal residency. His 2000 criminal conviction for armed robbery when he was 19 caused that status to be revoked. Lima-Marin was sentenced to 98 years in prison for the robbery.

Let me pause. He was 19, and they sentenced him to 98 years in prison.

Then he was mistakenly paroled from Colorado state prison in 2008, 90 years early. I’ve written about these cases before. I hate them. Releasing a prisoner then coming back years later and saying, “Oopsie! Sorry! Our bad! Back you go!” turns a gaffe into cruel and unusual punishment. Unless a prisoner is a serial killer or a terrorist or breaks the law after he is released, the authorities should bear the burden of such incompetence, and any early release should stand.

Lima-Marin is a good example of why this should be the practice. he married, had a child and got a steady job installing glass. It took six years for the state authorities to discover their mistake, and in 2014 they sent him back to state prison for the remainder of his 98-year  sentence.

Yechh. Continue reading

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“Fuck Donald Trump!”

I was bemused to see a Sunday New York Times front page story described the White House as beset with “scandals.” Try as I might, I couldn’t come up with anything that qualified as a “scandal” applying the prior standards of ethical journalism, and especially if one considered the standards the news media applied to the Obama Administration. For reference purposes, the Obama White House manipulating the facts of the Benghazi raid to avoid accountability was not a scandal, it was a “nothingburger.”  The IRS, an executive agency under the authority of President Obama, deliberately and illegally sabotaging conservative groups to assist in Obama’s re-election wasn’t a scandal,  it was just “rogue employees.” Obama’s Justice Department surveilling a Fox journalist in defiance of the First Amendment wasn’t a scandal, because Fox News.

“Fast and Furious” wasn’t a scandal because the Attorney General who oversaw it said it wasn’t, and besides, the Justice Department was investigating itself, so all was well. Barack Obama repeatedly lying about what was in the health care bill that we had to pass to know what was in it wasn’t a scandal, it was just a slip of the tongue, over and over again. The same slip. Secretly trading five terrorists for a deserter whom the administration first described to the public as a soldier who “served the United States with honor and distinction” wasn’t a scandal because the mainstream media gave it a pass…and so on.

Firing someone a President has the power and right to fire and who was objectively untrustworthy  is not a scandal, nor is it a “crisis,”  no matter how many times reporters say it is. Alleged statements made by a President leaked by anonymous sources are not scandals, because they are alleged statements made by a President leaked by anonymous sources. A news media—led by two rival national newspapers trying to top each other by publishing breathless accounts of hearsay as if that is ever  evidence of anything—that has openly abandoned all ethical journalism standards and allied itself with a partisan effort to undermine and remove an elected President is a scandal, as well as a crisis. More on that one later.

The other scandal and crisis is the complete abdication of reason, responsibility, civility and sanity by the Democratic Party as it commits to satisfying the blood lust of its most hard-core and irrational supporters, by trying to unseat the President of the United States without the inconvenience of having to win an election. The latest ugly proof that this scandal is real came from California, where the state Democratic Party convention climaxed with outgoing party Chair John Burton extending two middle fingers in the air and leading a cheering throng in the chant,  “Fuck Donald Trump,” as Nancy Pelosi laughed it up in the crowd (as you can see in the photo.) Continue reading

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Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading

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Filed under Comment of the Day, Ethics Alarms Award Nominee, Gender and Sex, Government & Politics, Law & Law Enforcement, Race, Research and Scholarship, Rights

My Mistake! I Thought Having Trump As President Would Teach Our Kids To Be Uncivil, Vulgar Assholes…I Didn’t Foresee Anderson Cooper Helping Out

[The title above is a reference to this post from last year, in case you missed it despite my linking to it just about every other day since…]

On the May 19, 2017 edition of Anderson Cooper 360, the CNN host became frustrated with President Trump’s flack Jeffrey Lord—consider him this President’s less slick version of Lanny Davis or less repulsive version of Paul Begala—-as Lord defended the President’s alleged description of former F.B.I. Director James Comey as a “nut job,” leading to this immortal exchange.

Cooper: If he took a dump on his desk, you would defend it.

Lord: What? [Starts laughing.]

Niiiiice! So professional! So respectful to the President of the United States and any CNN viewers left who have a shred of civility, decency, and sense of  etiquette in public discourse!

So disgusting.

As we know, a back-up weekend weatherman who said this about the  previous President or any before him would have been fired before he finished the 7 day forecast. Cooper, however, is permitted this gutter level breach of courtesy and professionalism, because 1) as CNN’s star, he is held to a lower standard (The Star Syndrome) than weekend weathermen, as we saw in when Cooper smirked and joked with Rachel Maddow about the gay term “teabagger” in order to mock the Tea Party movement,  2) CNN has normalized blatant partisan gestures and outbursts by its talking heads, and 2) this President of the United States  has been found  unworthy of respect and courtesy, or professional journalism standards. CNN will do nothing to discipline Cooper or send te message that his conduct is unacceptable, because the dirty little secret is that as long as President Trump is the target, it is acceptable. At this point in its devolution, CNN is cheerleading what has been accurately called a slow-motion attempted coup by the one-time news network’s party of choice. A Harvard media study released last week showed CNN to be the most unbalanced of all major news outlets in its reporting on the President’s first 100 days, with 97% of its coverage negative in substance or tone.

Cooper later apologized to Lord in the segment, saying, “I like having your voice on here and I think you’re an important voice to have, so I’m sorry I was a little crude. And you defend the president very well, and that’s your job.”

A little crude? Continue reading

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Comment Of The Day (2): “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”

It would be unfair to characterize fattymoon’s comment, which was, like the previous COTD, supposed to be posted almost a week ago, as an example of the phenomenon just discussed. Fatty, a smart, disillusioned Occupy veteran, is bipartisan opponent of the status quo, and a revolutionary with integrity: he does not embrace the double standards that render the “resistance” ridiculous, taking such self-disqualifying positions as  Maxine Waters’ classic that while President Hillary Clinton could have fired FBI chief Comey without wrongdoing, it was an obstruction of justice for President Trump to do so. I chose his comment for reposting because it is a virtual archive of the faulty reasoning and rationalizations that sustain the anti-Trump barrage. I will elaborate on that after you read fattymoon’s Comment of the Day on the post, “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”:

Some of your quotes followed by my thoughts…

“None of it justifies the fake news” – Which entity pours on the most fake news, the media or the White House? Open to argument, yes?

“concocted Russian conspiracy theories” – You’re jumping the gun, sir. The jury is out.

“I stand behind the office.” – I refuse to accept the man behind the office. If left unchecked, Trump will bring down the office after inalterably defacing it.

“I made it clear that Trump had neither the Character, nor the skills or knowledge, to hold it, just as I made it clear that Hillary Clinton was also an unfit candidate because of her thorough corruption.” – Are you saying that Trump is not thoroughly corrupt? Just a little corrupt?

“This is Andrew Johnson all over again.” – Rightfully so, imo. (“Johnson is regarded by many historians as one of the worst presidents in American history.” – Wikipedia)

“I have minimal influence, but I will do my best to protect the Office and institution of the Presidency from those who would destroy it, no matter who occupies that office.” – And I will do my best to protect the Office and institution of the Presidency from those who would destroy it, i.e. Donald Trump. Continue reading

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It’s A Comment Of The Day Weekend! First Up…Comment Of The Day: “This Is The Heartbreak Of Anti-Trump Brain Loss…”

I am desperately behind in posting deserving Comments of the Day, and have vowed to catch up. This one, by Zoltar Speaks!, is almost a week old, but fortunately its substance remains very current.

He was responding to the post about Harvard icon Larry Tribe being moved to engage in rumor-mongering and conspiracy theories because of his, and undoubtedly his elite peer group’s, contempt and hatred of the President of the United States. I had been holding it to pair with a long post regarding the daily, embarrassing displays of utter bias and irrationality in the New York Times, based on my forced perusal of the last Sunday edition. That post will arrive sooner or later, but it is unfair to delay wider distribution of Zoltar’s commentary any longer.

I was joking about “Anti-Trump Brain Loss,” but the phenomenon is no joke, and is, in fact, an existential threat to the nation, one more thing that the Trump Deranged are incapable of seeing in their fury. For some reason I was reminded of one of the worst Hollywood  movies ever mad, the hilarious sequel to “The Exorcist,” “The Heretic,” in which we learn that locusts are turned voracious and destructive by being in close proximity with each other. Their beating wings brush against other locusts, and it changes them (we are told) into monstrous forces of destruction. [Note: this is mostly nonsense, but not completely.]  This is like what I witness on Facebook, in the news media and from the more intellectual-limited among Democratic officials, who declare every incident, episode or tweet coming out of the chaotic Trump White House a crisis, then the news media repeats that it is a crisis, and the anti-Trump locusts fantasize about how “the crisis” will finally give them the chance to do what they have been trying to do since November 8, 2016: undo the election.

I was critical of Professor Turley in the previous post, so let me praise his clarity on this topic now. In a post on his blog called “A Question of Law: Calls for the Indictment or Impeachment of Donald Trump Are Transparent and Premature,” he writes,

“Critics increasingly sound like my kids when we drive across country and start to chant “are we there yet?” before we are even a block from the house.  Many view a criminal charge or impeachment as the only hope for America.  However, neither the criminal code nor Article II were meant as post hoc political options for unpopular presidents. Indeed, both are designed to be insulated from public distempers and passions.”

Bingo. Trump hatred has transformed previously responsible adults into children, as well as locusts.  We have never seen anything like it as a nation, and since the infection has mostly crippled an entire political party, the journalism establishment and the pundit class, the risk of permanent harm to the nation is real.  I spent five years warning readers about Donald Trump, and almost two explaining why it was madness to even consider him as a responsible Presidential choice. I did not, however, think for a second that progressive mania in response to a Trump victory—one that arose out of indignation that the Left’s precious agenda would be imperiled by a dolt chosen by the electorate because progressives had become insufferable, arrogant, divisive, cynical, corrupt and increasingly totalitarian—-would create a greater danger than an incompetent President.

Yet that is what has come to pass.  I have always detested the Right’s facile dismissal of liberals as “insane,” as in Michael Savage’s book, “Liberalism is a Mental Disorder,” because it echoes the indoctrination tactics of the Soviet Union, which placed dissenters in mental institutions.  Dubious political beliefs don’t mean one is crazy, but behaving irrationally and irresponsibly because those beliefs aren’t prevailing can produce symptoms of mental disturbance. That seems to be what we are witnessing now.

The locusts’ wings are beating furiously, changing them, driving them mad.

Here is Zoltar Speaks!’s Comment of the Day, the first of several this weekend, on the post, “This Is The Heartbreak Of Anti-Trump Brain Loss…”:

Continue reading

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Responsible And Necessary: The Appointment Of A Special Counsel

The Justice Department appointed Robert S. Mueller III (above), a former F.B.I. director, as special counsel to handle the Russia probe.

I am reading conservative pundits fuming over this development for a number of reasons, some of them valid and troubling. However, there is no good argument to be made that a Special Counsel isn’t necessary now.

Assistant Attorney General Rod Rosenstein explained his decision to make the appointment (remember, he is acting AG in the Russian investigation, because Jeff Sessions was bullied and hectored into recusing himself, also unavoidable):

“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter.My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”

Exactly. As for the last sentence, President Trump has no one to blame but himself. His own, typical, blundering, blathering ways created this atmosphere—that and “Deep State” leaks calculated to undermine him, and a news media feasting on those leaks like sharks on chum.

It is being argued that you can’t appoint a special prosecutor unless there is a finding that crimes have been committed. Here are the relevant sections of the law:

§ 600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and –

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

§ 600.2 Alternatives available to the Attorney General.

When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

I don’t read the law so narrowly. The law requires that there be a determination that a criminal investigation is warranted, not that crimes have been committed. Continue reading

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