Is It Unfair To Say That The Democrats Favor “Open Borders”? Ten Reasons Why It Is Not.

My sister, a smart if feisty woman who I plead guilty to using on Ethics Alarms like as William Saroyan used his bartender,  was annoyed at my statement in a recent post that the Democratic Party, or which she is a member, though perhaps not quite as proud a member as she once was,  had become the party of open borders. She’s a lawyer, and combining that with the increasing tendency on the left to deny the elephants behind them (“Elephant? What elephant?”) whenever the metaphorical beast starts to stink and squash things, she’s pretty good at blurring such issues. On this one she says, “Obviously the Democrats don’t support open borders. Nobody has ever proposed open borders. We will never have open borders. Obama deported a lot of illegal immigrants.”

All true, and all deceitful. The policy advocated by Democrats and the rhetoric they use in the process creates a modified open borders policy, if an astoundingly stupid one. An open borders policy of any kind for a nation like the United States is suicidal in the long term, destructive in the short term. Progressives and Democrats resort to hilariously consistent talking points when confronted on their hypocrisy and dishonesty: “The system is broken, and we need comprehensive immigration reform.” Quiz them on what that pat phrase means, however, and you get humming. Yes, the system is broken. Democrats, for one illicit reason, and business interests, aka Republicans, for another, broke it long ago, and both have intentionally tap-danced, lied, and intentionally muddied the issue to keep it broken. Now, if my sister objected to my labeling of the Democratic Party as the party of open borders by a arguing that it is unfair to  leave the GOP out of that box, okay, I’ll concede the validity of that in part. The problem is that the Republicans have a President in office who is unequivocally opposed to open borders, to say the least, and who is trying to end the nonsense. Democrats, not Republicans, are blocking him.

The totality of Democratic party and progressive conduct and rhetoric equals a desire to keep out southern borders porous, which means “open” in reality, if not political double talk. Among them, in no particular order since I am rushed and want to get a pots up before I have to do a 7:30 am tech check here in San Diego: Continue reading

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

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

Ethics Quote Of The Day: “Reston Now”

“Unethical, sketchy, and uncomfortable behavior among Herndon officials are some of the main reasons behind the push to strengthen the code. The councilmembers shared stories of unnamed former town officials who publicly berated staff, grabbed a staffer in a sexual manner, and solicited jobs from other elected officials in the performance of their official duties.”

—From “Town of Herndon Grapples with How to Revamp Ethics Code,” an article in Reston Today, describing the classic and unresolvable problem with Ethics Codes.

Herndon, Virginia, isn’t too far from where I live.

The problem the article encompasses is as old as the hills. Simply passing laws, or regulations, or rules prohibiting wrongful conduct doesn’t do anything to make the people subject to these laws, regulations and rules better human beings. It simply tells them that there are specific consequences to their bad conduct. Maybe that will discourage them, and maybe it won’t. After all, they have to be caught first.

The conduct described in the quote is unethical, and anyone with functioning ethics alarms knows its unethical. Abusing subordinates? Sexual assault and harassment? Using official duties to barter for career advancement? If an official knows this conduct and others equally blatant are wrong, then they don’t need a code. If they don’t know they are wrong, no code is going to help them, and individuals that ethically clueless shouldn’t be government officials.

That doesn’t mean that codes of conduct aren’t essential tools of creating an ethical culture in a local government or tree house clubs. They are, but they are just a starting point, putting in place external standards that have to be internalized, which is to say that they are then used to fix the settings on everyone’s ethics alarms in that culture. By themselves, codes do nothing, and they may even cause more misconduct. Unethical people who are also smart love the Compliance Dodge, from the Rationalizations List: Continue reading

Morning Ethics Warm-Up, 3/18/2019: Paranoia, Pettiness, Pirro, Provoked Applicants, Piqued Students, Posturing And Progressives

Good Morning, Pacific Time Zone!

I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers  and  Their  Corporate Clients”  to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!

1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals  has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book.  Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.

Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading

From The Elephantine Ethics Alarm “Nah, There’s No Mainstream Media Bias!” Files: Reuters, Beto O’Rourke, And The Cult Of The Dead Cow

Reuters reported Friday that newly declared Democratic Presidential candidate Beto O’Rourke had been part of an infamous hacker group as a teen. (Hacking is illegal unethical, don’t you know.)

Reporter Joe Menn said that he learned about O’Rourke’s involvement in the group when he began researching The Cult of the Dead Cow, which he called “the most interesting and influential hacking group in history.”

He discovered that an alumnus of the group had a member who was sitting in Congress. “I didn’t know which one,” Menn said, “and then I figured out which one it was. And the members of the group wouldn’t talk to me about who it was. They wouldn’t confirm that it was this person unless I promised that I wouldn’t write about it until after the November 2018 election,” that being O’Roarke’s unsuccessful effort to defeat Texas Senator Ted Cruz last year. Reuters, to be clear, sat on the story, which may have interested Texas voters, for two years.
Continue reading

Sunday Morning Ethics Warm-Up, 3/17/19: March Ethics Madness!

Good morning!

Any week that starts off with John Belushi’s immortal reflections on March just has to be a good week.

1. Connecticut: Judicial ethics and guns. Anti-gun fanatics are cheering this week’s ruling by the Connecticut Supreme Court  reversing  a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed. In the 4-3 decision the court  possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits, thus setting the stage for a sensational “Runaway Jury”-type trial. The court’s reasoning is that the Sandy Hook families should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing what it knew was a weapon designed for military use to civilians. The problem is that the ruling ignores the law, as John Hinderaker explains (but he’s not the only analyst trashing the decision):

“Firearms of all kinds have been ‘designed for military use.’,” he writes. “The 1911, designed by John Browning, was the standard U.S. military pistol for many years and remains one of the most popular pistol designs today. So what? There is no such exception in the Second Amendment…Under the Supremacy Clause, federal law will govern over state law. The Protection of Lawful Commerce in Arms Act is intended to avoid precisely the result reached by the Connecticut Supreme Court. The PLCAA puts firearms manufacturers on the same plane with all others. If their products are not defective–if they do not malfunction–they are not liable. If someone stabs a victim to death with a knife, the victim’s heirs can’t sue the knife manufacturer. It is the same with firearms.”

Hinderaker correctly concludes that significance of the ruling is not that it opens a road for the Second Amendment to be constrained, or for ruinous liability to applied to gun-makers, but that it shows how courts will deliberately ignore the law to reach political goals. Continue reading

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

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.