The Fifth Circuit Says The Biden Administration Abused Its Power And The Constitution. Better Impeach Him, Then!

Vaccine mandate

Just kidding! Presidents often try to stretch the already rubber boundaries of what the Constitution and even the law requires, only to get slapped down by the courts. This kind of thing was only grounds for impeachment (according to the Trump Deranged, the mainstream media pundits and Democrats) when Donald Trump did it.

But President Trump never tried anything as egregiously dictatorial as the vaccine mandate.

Tell us again who is “a threat to democracy.”

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit, issued a ruling at the end of this week upholding a stay of the mandate after temporarily halting the mandate last weekend in response to lawsuits filed by and legal groups. The Washington Post, telegraphing its bias as usual, calls them “Republican-aligned businesses and legal groups.” Since the mandate was wildly excessive and pretty clearly illegal, the question is why “Democratic–aligned” organizations don’t also oppose it. I guess that’s nor really much of a question.

The Post also emphasizes that the panel consisted of judges appointed by Reagan or Trump, because in Progressivese, that means the ruling is partisan. No, it really isn’t. It’s just right, as any fair reading of the opinion by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan will reveal. Of course, none of your metaphorically screaming Facebook friends will read it.

You will, though, right? It’s pretty thorough and damning, as well as bit nasty, which any administration trying something like this deserves. (It’s better than an impeachment!)

Highlights:

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Kyle Rittenhouse Ethics, Part 3: Et Cetera

Schroeder

Remaining ethics notes in no special order, (but numbered because numbers work better than bullet points in WordPress’s terrible “block” system):

1. No evidence has surfaced indicating that Rittenhouse is a “white supremacist.” Nonetheless, many news media sources have reported that he is. Worse, Joe Biden has said so twice, once as a candidate and once since his election. Kyle’s mother appeared on Fox News and accused Joe Biden of defaming her son to win votes. That’s as good an explanation as any, I guess.

2. Trump Derangement is embedded in the trial. The Great Stupid moment par exellance: while Rittenhouse was on the stand, a cell phone tone rang out. It belonged to the phone of Judge Schroeder, and was Lee Greenwood’s patriotic country anthem “God Bless the U.S.A.” This immediately sparked deranged pundits and activist to demand the judge’s removal, because Donald Trump likes the song and has played it at rallies.

Morons. What songs a judge likes or doesn’t like isn’t evidence of any bias or conflict of interest whatsoever, and while the news media wants this trial seen as such, it’s not political. However, some judges have punished lawyers for allowing a cell phone to disrupt testimony. For a judge to have his own phone ring is bad.

3. Someone was explaining to me that the judge was biased because he appeared to be “anti-rioter.” All judges and all citizens should be anti-rioter.

4. Judge Schroeder also has been criticized for allowing the defense to use terms like looters and rioters but banning the prosecution from calling those shot by Rittenhouse as “victims.” As for the former, they were rioters and looters. There is no reason to disguise it. I agree with the “victims” ruling as well. I’ve often wondered about permitting the word in such trials: “victim” is an ambiguous term that can imply innocence. One meaning is “someone who is subjected to oppression, hardship, or mistreatment.” Someone who is killed in self-defense hasn’t been mistreated. The word biases the trial against a defendant like Rittenhouse.

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Kyle Rittenhouse Ethics, Part 1

Kenosha

What a mess.

I could write about six freestanding posts about this incident, the resulting trial, and the nauseating news media spin being placed on the matter from both sides of the political spectrum. I, however, have a limited attention span for people and events this annoying. Two will have to do.

To begin with, this whole fiasco arose out of the Kenosha, Wisconsin, Black Lives Matter rioting, easily the least defensible of all last summer’s uprisings over presumed racism where there was none. It’s a close contest, with the Briana Taylor riots in Louisville and the Atlanta rioting over the jerk killed at the Wendy’s after he tried to shoot a taser at a cop, running close behind. But the riots over the shooting of Jacob Blake were even less justified than these, and no rioting is ever justified. Blake was a felon, he was in the act of a crime, he was harassing his alleged rape victim, he was armed, and he was placing children in peril. He should have been shot, and his race was irrelevant. Never mind: both the NBA and Major League Baseball allowed players to engage in one-day strikes over the incident, though they didn’t know the facts. Ugh.

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Comment Of The Day: “PEN America’s Ignorant And Sinister Support For School Indoctrination”

Pen

I have a lot to say in response to Curmie’s excellent comment regarding the large writers association somehow deciding the the government threatens free speech by regulating itself. For once, however, I think I’ll take my issues up in a separate post, and perhaps in the comments.

Meanwhile, here is Curmie’s Comment of the Day on the post, “PEN America’s Ignorant And Sinister Support For School Indoctrination…”

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A “Nah, There’s No Mainstream Media Bias!”/ IIPTDXTTNMIAFB / “It Isn’t What It Is”/Jumbo Spectacular!

Mediate lie

They aren’t even trying to be credible any more apparently. Wow.

See those words above, in Mediaite’s tweet? Now, if I was doing my best Mediaite imitation, I’d write, “Mediaite didn’t claim Joe Biden didn’t refer to Satchel Paige as a Negro” even while you could read that this is exactly what the media news website did.

In fact, here’s what President Biden, in full bumbling mode, said today at a Veteran’s Day event at Arlington National Cemetery:

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Infrastructure Bill Partisanship, Deception And Ethics

infrastructure

Stipulated: the nation really does need to spend a lot of money on infrastructure, and has for decades. The longer the essential repairs and upgrades are kicked down the road, the worse the economy will perform, and the more expensive the eventual bill will be. Yes, during a period of massive inflation caused in great part by an irresponsible Democratic Party spending spree is not the ideal time for trillion buck outlays, but there is no ideal time for trillion buck outlays, and this one is really in that category of things the government has to do.

Only 13 Republicans joined with House Democrats to get the already scaled down bill passed, and those thirteen are being excoriated by conservatives, most Republicans, right-wing blogs and Donald Trump as traitors, dupes and RINO’s. This is because the bill, needed though it is, will supposedly give President Biden a “victory,” and we can’t have that. No, it’s better to have cholera outbreaks and bridges collapsing.

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“Rust,” Guns, And The Barn Door Fallacy

Barn door

The Barn Door Fallacy drives me crazy, and right now a particularly absurd outbreak of it is underway. The phenomenon, named after the old saw about “locking the barn door after the horse is gone,” is the product of pure emotionalism trumping reality: take extreme measures after a rare and perhaps preventable (though not necessarily) tragedy or accident as if doing so will change the fact that the unfortunate event happened. The “defund the police” madness was an obvious example: see, if there are no police, no police officer will ever unjustly kill an unarmed black man ever again! Problem solved! Brilliant!

These over-reactions are many things, all of them wrong. They are virtue-signalling by public officials who care less about solving a real problem than showing their empathy and outrage at something that “shouldn’t have happened.” They are irresponsible, because they advocate rushing into radical “solutions” to problems that are magnified by the proximity of the tragic event, and because the barn door fallacy advocates usually are insufficiently knowledgeable, often shockingly ignorant, in fact, regarding what they are grandstanding about. Moreover, the nostrums frequently are fueled by logical fallacies and rationalizations, such as “We have to do something!” and “If it saves just one life…!”

Much of the time, measures inspired by the Barn Door Fallacy make many things worse without making anything better. That is the likely result of the current Bran Door Fallacy freakout over the fatal gun accident on the set of “Rust,” in which a prop gun wielded by the movie’s star and producer, Alec Baldwin, fired a bullet that killed one and wounded another.

Now many in the movie industry are demanding that real guns be banned from all movie productions. Dozens of cinematographers have signed a pledge not to work on projects using functional firearms. A state lawmaker in California is drafting legislation that would ban operational firearms from sets.

Now, here’s a quiz: how many deaths from firearms have occurred on movie or TV production sets in the last, say, 50 years? Think about all the hundreds, thousands of gun battles and shootouts you have seen or know about. How many shooting deaths?

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They’re Shocked—SHOCKED!—That Trump Officials Deliberately Violated The Hatch Act

Henry Kerner heads the Office of Special Counsel, and his new report following investigations into violations of the 1939 vintage law, known as the Hatch Act, that prohibits Federal employees from using their position to campaign for political candidates fingers thirteen of President Donald Trump’s senior aides, including his son-in-law and his chief of staff. It shows that they blatantly breached the law during the last weeks of the 2020 Presidential campaign, calculating that the Office of Special Counsel would not have time to investigate and issue findings before Election Day.

I’d say that calculation was correct, wouldn’t you? The report has come out more than a year later.

“Senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but to promote the re-election of President Trump in violation of the law,” the report concluded, adding, “The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place.”

Yeah, yeah, yeah. So what are you gong to do about it, other than make faces and write mean things? The Hatch Act is a perfect example of the principle that if people can cheat to obtain power or keep power, they will, if they know the penalties will be minimal or less. This is why mail-in ballots corrupt the electoral system, along with other holes in voting integrity. The Hatch Act isn’t enforced, so all administrations allow their officials to violate it. I don’t know if the law is enforceable. It is naive and irresponsible to expect Trump’s aides or any Presidential underlings regardless of party to eschew this unethical practice when they know they can get away with it, and the potential benefits of the violations are significant.

A President has to show that he regards the law as important. I can’t recall any President doing that as long as I’ve followed politics.

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Ethics Quiz: Indoctrination On Sesame Street

Seseme St Covid

I don’t know why I didn’t see this coming.

Big Bird tweeted a few days ago, “I got the COVID-19 vaccine today! My wing is feeling a little sore, but it’ll give my body an extra protective boost that keeps me and others healthy. Ms. Hill even said I’ve been getting vaccines since I was a little bird. I had no idea!” Naturally, President Biden, who watches Sesame Street religiously (yes, it’s a cheap shot, but I’m in a bad mood) tweeted back, “Good on ya, @BigBird. Getting vaccinated is the best way to keep your whole neighborhood safe.”

This set off an immediate partisan and ideological debate, with conservative hone-schooling mother, blogger and pundit Bethany Mandel taking a leadership role. She wrote in part,

Just as “Sesame Street” isn’t content with allowing parents the freedom to guide their children’s own moral compass, so too are they uncomfortable with the idea of parents making individual risk assessments for their children’s health and safety. There is a moral absolutism necessary to be part of the left, which is where “Sesame Street’s” writers appear to fall. The messaging on COVID-19 vaccination has become yet another absolutist position. Big Bird’s tweet doesn’t exist just on Twitter. It’s part of a larger campaign from the series to “educate” parents on the vaccine.

Earlier this year, she wrote about the iconic children’s educational show shifting from ABCs and vocabulary into the culture wars:

Those in charge of messaging and programming children’s media have positioned themselves as arbiters of our children’s moral compass. And that Soviet-style demand for a universal, well-curated set of beliefs from a particular coastal lens should concern all parents — not just those with religious or personal beliefs that make them uncomfortable with a particular episode of “Sesame Street” aired during Pride Month.

Parents should take note: The aim of children’s media is no longer just to provide free, education-minded babysitting while you get ready for work.

Your Ethics Alarms Ethics Quiz of the Day is…

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Why Do We Let People Like This Idiot Into Congress?

Anime video

Somehow, this story seems related to the previous post.

Paul Gosar (R-AZ) tweeted out an altered anime video that attacks illegal immigrants (not that there’s anything wrong with that) and shows someone with two swords attacking a giant Joe Bden head. The video in his tweet used clips from popular Japanese anime “Attack on Titan,” and opens with Gosar’s name under Japanese text, which reads “attack of immigrants” (if you can read Japanese) before it continues to show real clips of Gosar and Border Patrol agents spliced alongside scenes from the anime show’s opening credits.

Several news outlets say the video shows Gosar killing killing Alexandria Ocasio-Cortez. If it does, I missed it, but then I could barely stand watching the thing. If that’s really in the video, I’d say it’s unprofessional, uncivil and unethical. All of it is inexcusable, though.

What’s the matter with this guy? Is he 12? This isn’t the kind of video a member of Congress should be having made, or put on social media. It’s an embarrassment to Congress, his party, his state, and his country. By what bizarre concept of public service and the House ethics rules could anyone conclude that such an assaultive, offensive, infantile piece of agitprop belongs in the public square?

If the rumored 2022 “red wave” doesn’t accomplish anything better than to put more jerks like Gosar in the House, it’s not worth the effort.