Government & Politics

A Futile Call For Fairness And Integrity From Senator McConnell

/ Jack Marshall / 41 Comments

I know this is a waste of time and words, but here goes nothin’…

Yesterday we got the news that Justice Ruth Bader Ginsberg, 86 and already being treated for enough maladies to kill a normal human being  half her age, has pancreatic cancer. Treatment is going well, we are told, and Ginsberg isn’t even cutting back on her schedule.

Nonetheless, the proverbial writing is on the wall. Sheer will only can accomplish so much. If I participated in “dead pools,” Justice Ginsberg would be at the top of my list, even ahead of soon to be 103-year-old Kirk Douglas. Though she is apparently determined to hang on to her SCOTUS seat if it means that she will finish her tenure in a box that signals “yes” and “no” like  poor Captain Pike in that “Star Trek” episode, I would be stunned if there isn’t a vacancy on the court in the near future. That will mean that President Trump will have an opportunity to appoint a conservative justice to replace the most liberal voice on the current court, a result that will spark panic from the Left and delirious joy from the Right. If this happens after January, 2020, it will also create an integrity test for Mitch McConnell.

That is, it should.

When Antonin Scalia died on February 16, 2016, President Obama appointed moderate liberal judge Merrick Garland to replace him. McConnell, however, the GOP Senate Majority Leader, announced that the Senate would not consider the nomination, debate it, or vote on it. He concocted a rule that when a Supreme Court vacancy occurs in the last year of a Presidential term, it should not be filled until after the November Presidential election. The supposed justification for this was that SenatorJ oe Biden had once made a similar suggestion. Basing any policy or rationale on what Joe Biden says is like using the spontaneous utterances of Tourettes sufferers as life guidance, but never mind: Mitch was gambling that a SCOTUS vacancy would bring more Republicans to the polls than Democrats, and that the Garland nomination would eventually be moot.

The gambit was legal but unethical, but then, that’s Mitch. It was also stupid: Garland was no Scalia, but he was far more moderate than some of Obama’s other options, and if Hillary Clinton had won, as looked like a sure thing in January, she was likely to nominate a far more extreme progressive judge. But in the manner that has hooked suckers and created gambling addicts for centuries, Mitch’s long-shot bet paid off. Trump won; Neil Gorsuch replaced Scalia, and Merrick Garland joined Samual Tilden in the “What If?” Hall of Fame.

If RBG leaves the Court or this vale of tears in 2020, however, Mitch should find himself hoisted by his own petard. By his own words, that new opening on the Court should not be filled by President Trump’s choice unless Trump  is re-elected in November; the public should have the opportunity to include the composition of the Supreme in their calculations regarding who to vote for. So declareth Mitchi n 2016, as progressives and Democrats screamed and ripped their garments,

Having created a principle and a precedent, Senator McConnell should stick to it. The problem wasn’t that his theory in 2016 was indefensible in theory–it is.  The problem just that it was disingenuous. Mitch wasn’t interested in fairness or democracy, just expedient politics. Thus it comes as no surprise that McConnell has told his party members that if there is a Supreme Court vacancy, he will move to confirm a conservative nominee so fast it will break the sound barrier.

He should not, however. Doing so may be good old fashioned hard-ball politics, but it will also be a lost opportunity to start repairing a broken legislative branch that McConnell played a major part in breaking. Such a cynical reversal of his own stated “principles” will also make the public less trusting than they already are of the motives, honesty and integrity, not just of Mitch, but of the their elected officials and government. Our democracy can’t take much more distrust and cyncism. Democracy breathes trust.

Who knows? Maybe Mitch will hit the jackpot a second time. Maybe the delay will backfire, with more outraged Democrats being attracted to the polls than activated conservatives. Nevertheless, Mitch McConnell has an ethical obligation to treat the next SCOTUS vacancy during the final year of a Presidential term exactly like he did the last one, in the name of integrity, fairness, process, consistency, trust, and the health of our Constitutional system.

“A Nation Of Assholes” Update From Peggy Noonan Channeling Edith Wharton

/ Jack Marshall / 21 Comments

 

Former Ronald Reagan muse Peggy Noonan, now an op-ed columnist regarded as too old (and too conservative) to even turn up as a guest on Sunday Morning TV talk shows any more, has registered an anachronistic column at the Wall Street Journal in the voice of Edith Wharton, (1862-1937), author of the Gilded Age novels “The Age of Innocence,” and others, who was the first American woman to win the Pulitzer Prize for fiction. Her, that is, their, theme is that the nation’s culture has turned rude and uncouth, and that “a great nation cannot continue in this way. Nations run in part on manners; they are the lubricant that allows the great machine to hum.”

Ethics Alarms warned that the nation risked this fate, as many of you remember, if it elected a rude and uncouth leader, Donald Trump to be specific. Noonan is simply documenting that what I said would come to pass way back in 2015, and what was, in my view, the most undeniable reason to avoid electing this President. However, as with everything else, not all of the maladies being laid at Mr. Trump’s metaphorical doorstep are his doing, nor are all of them really maladies just because they would have offended Edith Wharton.

Let’s look at “Peggy Wharton’s” indictment. In the spirit of the mind-numbingly repetitious TV game show that somehow lasted for more than one episode, let’s play “Trump or No Trump”!

Peggy commences, “Among the harassments I see you inflict on each other: Continue reading →

Thank God It’s The Friday Ethics Warm-Up, 8/23/ 2019

/ Jack Marshall / 16 Comments

(Dreary, gloomy day outside; working on having a brilliant day inside.)

1. Feeling guilty about the Red Sox. I haven’t watched or listened to a game in over two weeks. The reason is that it’s just not fun, it’s too stressful, and I am already stressed to the max with non-baseball matters. I’m fairly sure this is the longest voluntary sabbatical I have ever taken from my team, and it is my team, throughout 80% of my life, a constant presence, inspiration and source of enlightenment. I have never relied on the team winning to justify my interest and loyalty. I just love the game, the suspense, the players and the endless supply of unpredictable stories and surprises.

BUT…this season has been uniquely frustrating. The Red Sox won 108 games last season on the way to the World Championship, and it was, especially by historical Red Sox standards, an insanely enjoyable ride. Virtually everything went perfectly, over the season, in the play-offs, in individual games.Whatever was needed to win, somebody always came through: it was like a movie. Baseball isn’t usually like that (well, except for the Yankees for about 50 years). I even said at the time, as my wife reminds me, “The Sox are going to pay big time for this one.”

Boston was confident coming into 2019 with virtually the exact same sqaud that had been unbeatable in 2018. Regression to the mean, however, is a force of nature, and especially with this team, for some reason. Since 1918, every single time the Sox have won the American League pennant, the next season was a bust, and often a horrible bust. Devastating injuries, unexpected bad years, clubhouse dissension, astoundingly bad luck: I’ve seen it all, and before, I’ve endured it all as a fair price to pay for the joys of the past and to come. This season, for some reason, I can’t take it, and I feel like an ungrateful wretch.

2. Got it: slavery is the cause of everything bad in the United States, and all whites want black people to get sick and die. Does anyone who can think clearly think this latest bit of dishonest guilt-tripping propaganda is going to help Democrats prevail, rather than  just harden racial and partisan divisions? Continue reading →

Three Reasons Why We Can’t Have An Honest And informative Debate About Immigration Policy

/ Jack Marshall / 9 Comments

 

You already know Reason 1: both sides of the issue have resorted to the lowest level of debate, appealing to fear, name-calling and emotion as a substitute for general principles of law, ethics and common sense. The pro-illegal immigration forces engage in cynical sentimentality, romanticizing of law-breakers, and false characterizations in order to demonize principled opponents of open-boarders (Hate! Racists! Xenophobes! Children in cages!) Those who believe immigration laws must be enforced resort to fear-mongering, stereotyping illegal immigrants as disproportionately populated by dangerous gang members, felons, killers and rapists.

Reason 2: Nobody reads all the data, and few are interested in the facts.  A 2016 report by the National Academies of Science (NAS), a generally progressive-biased but fair and non-political organization, since this is the tilt of academics generally,estimated that the cost to American workers. For example, on page 171 of its September 2016 report, the researchers  suggested that immigration, legal and illegal, imposes a 5.2 percent income tax on Americans:

Immigrant labor accounts for 16.5 percent of the total number of hours worked in the United States, which . . . implies that the current stock of immigrants lowered [Americans’] wages by 5.2 percent.

NAS panel member George Borjas, a Harvard economist, calculated the value of the tax at $500 billion a year. The NAS also found that immigrants (legal and illegal) currently create a net fiscal deficit (taxes paid minus services used) that is as large as or larger than the economic benefit to the nation. The immigrants themselves do benefit by coming here. Steven Camarota, director of research for the Center for Immigration Studies, said at the time the study was released, Continue reading →

The Right To Be Unethical: The 10th Circuit Allows “Faithless Electors”

/ Jack Marshall / 21 Comments

This is professor Larry Lessig. Is it unfair of me to believe that this particular pose is signature significance for a pompous ass? Nobody in the history of photography who wasn’t pompous  posed this way, Lessig has several pictures like this.

The 10th U.S. Circuit Court of Appeals at Denver ruled 2-1 this week that the Electoral College system established by Article II and the 12th Amendment of the U.S. Constitution allows Presidential electors to vote against the candidate the popular vote in their state commits them to vote for. In 1952, the U.S. Supreme Court ruled  that primary candidates for party electors can be required to pledge to support the party’s candidate, but according to this decision, that pledge is not enforceable.

The 10th Circuit’s decision was a victory for Michael Baca, a Colorado elector who in 2016 cast his vote for John Kasich, then governor of Ohio, even though state law at the time required him to vote for the winner of the state’s popular vote, who was Hillary Clinton. Baca said his intention was to persuade enough members of the electoral college to cast votes for Republicans other than Donald Trump in an effort to deny Trump a victory.

Ooh, good plan! One way to avoid this problem is for states to make sure their electors aren’t arrogant, undemocratic whack-jobs.

The state removed Baca as an elector and canceled his vote, causing two other electors to abandon their plans to vote for Kasich. All three joined the lawsuit against the Colorado secretary of state’s office, but the 10th Circuit found only Baca had standing to sue.

It seems that the decision has strong Constitutional law behind it. Baca v. Colorado Dep’t of State said in part, Continue reading →

Greta Thunberg Ethics

/ Jack Marshall / 32 Comments

Aw, isn’t she cute! And she has advanced degrees in climate science and computer…no? She doesn’t? Then what the hell are we listening to her for?

Swedish teen activist Greta Thunberg has set sail in a zero-emissions yacht for a two-week journey across the Atlantic Ocean to speak at the UN’s climate summit. This is, of course, embarrassing and ridiculous for the U.N., and for adults everyone. Thunberg , who is 16,  founded the student climate-strike movement. As with Greta’s US equivalent, the Parkland anti-gun scold Parkland kids, Thunberg has nothing to recommend her as a legitimate authority on anything. She has multiple learning disabilities; she has no training in climate science or physics beyond what would be serviceable in a high school science fair. All she has is certitude, which is a hallmark of childhood and innocence as well as progressive, and a willingness to be exploited, sort of like Joan of Arc.

That’s not a bad comp, really. As Brendan O’Neill writes in Spiked, Continue reading →

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

/ Jack Marshall / 34 Comments

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →

Late-Starting Blogging Ethics Warm-Up, 8/21/2019: The Good, The Bad, And The Ugly

/ Jack Marshall / 38 Comments

Well, today can’t be worse than yesterday.

That’s something.

1. I got scammed yesterday. Somehow I missed various warnings that were repeated on yesterday, and picked up the phone when caller ID showed “Social Security Administration” and a number I recognized as the agency’s. A recorded message told me that my account had been suspended due to “suspicious action” that had prompted a response by three Federal law enforcement agencies, and if I wanted more information and to talk to an agent, I should push “1.” Like an idiot, I did.  Whoever wrote the scammer’s script knew their stuff. I got a case number, was informed that the discussion was being recorded; the agent spelled his name (Which he said was “Jerry Brown.” He sounded more like Jose Jimenez, but I asked if he was the former governor of California. (He laughed: scammers have senses of humor!) Of course, he had me “confirm” my SS number, name, and mailing address. He read a long statement that he said was an excerpt from the Justice Department warrant shutting down my account. It included two addresses in El Paso that I was asked about. It was at this point that my wife ran into my office like that fat guy runs into the middle of NORAD in “War Games” screaming that the nuclear attack is just a computer simulation, screaming, “Hang up! It’s a scam!” SHE did see the warning earlier in the day. (“NOW you tell me?”)

I reported the call to the Inspector General’s office at Social Security, as a hot line instructed me to do. I was told that, yes, that was the new scam they had wramed about, and that the next step was going to be to ask me to reveal credit card numbers, bank accounts and to send money. “They would ask you to send a money order or Google Gift Card, if possible,” I was told. “Everything you heard is a set-up to get to that point.”

“You know, as stupid as I am, I’m pretty sure that even I would figure out it was a scam if the a Social Security Administration agent asked for a Google Gift card,” I answered. She laughed. I may never laugh again.

2. Nah, the Left isn’t trying to undermine Freedom of Speech!

But wait! There’s more…

  • Here’s New York Governor Andrew Cuomo threatening anyone who says things he doesn’t like: “Don’t you dare liken my family to the family you saw in ‘The Godfather’ or ‘The Sopranos…Don’t you glorify it. And don’t you repeat it, and don’t you institutionalize it.” And what will you and the government you represent do about it, if we “dare,” Governor?

This kind of threat from a government official is a direct attack on free speech. Of course, big brother Andrew was just playing Sonny Corleone to back poor brother Fredo, but the irony of someone talking like a Mafia thug while threatening anyone who makes the comparison is striking.

3.  What courage! What honesty! Several Democratic presidential candidates were asked at the Iowa State Fair if they  denounced the Antifa, which Republican Senators. Ted Cruz (TX) and Bill Cassady (LA) want to have officially labeled as a “domestic terrorist organization.”

Senator Kirsten Gillibrand answered by saying, “I don’t know who Antifa is.”

She really did. (So did Jay Inslee, but my interest in fringe Democratic candidate pandering extends only so far.)

Gillbrand’s chances at the nomination are nil (GOOD), but this exemplifies what a weasel she is. Either this is a bald faced lie, or she has been asleep for the last three years, which does not speak well of her competence, diligence, or judgement.

Two candidates with even less of a chance than Gillibrand ,Yang and Gabbard, were the only candidates to unequivocally condemn the antifa.

“Why is everyone against antipasto?” Joe Biden asked in response to the question. “I love that stuff! Especially the cheese and those hot peppers! Our great Italian immigrants brought that yummy dish to our nation!”

OK, I’m just kidding.

Sort of.

4. A nice parking lot moment. I was sitting in the car waiting for my wife to pick up a prescription at the local CVS. I opened the windows, and the Beatles Channel burst for the “When I Saw Her Standing There,” one of my all-time favorites, and also as joyful and unrestrained a pop anthem as has ever been recorded. (Ringo is at his best on this one.) I turned up the volume. A wite-haired man in a huge moustache left the CVS and got into the car next to me, and started to pull out. Then he reversed direction and rolled down the window, beaming. “1964!” he said. “Now that’s hard core British invasion! Boy, did that song make us happy. Thank you for that memory…You made my day!”

And he drove off, waving. I will probably never see him again

Morning Ethics Warm-Up, 8/20/2019: Fake History, Fake Photo, Fake Assassination, Fake Native American

/ Jack Marshall / 22 Comments

A dramatic good morning to all.

1. Let’s see which news media outlets report this. Because, you know, the President is the one encouraging violence…State senator Martin Sandoval, who represents Illinois’ 11th District, had a  fundraising event last week that included a mock assassination of  President Trump for the enjoyment and edification of Sandoval’s supporters. Photos posted by a woman at the event show someone pointing a fake machine gun at a man wearing a Trump mask. “Trump” is acting as if he has been shot, grabbing his chest and leaning back. In another photo, Sandoval can be seen standing next to the person holding the gun.

Thus busted, and under fire from officials of his own party, Sandoval released a statement over the weekend apologizing for the incident, which he called “unacceptable.” “I don’t condone violence toward the President or anyone else,” Sandoval said. “I apologize that something like this happened at my event.”

Oddly, he didn’t take any action indicating those sentiments at the event.

2. Now THIS is police misconduct! Wow. Portland police suspected Tyrone Lamont Allen of robbing four banks and credit unions. Yet none of the tellers noticed Allen’s  facial tattoos, and he was not wearing a mask. To address that problem, the police photoshopped out the tattoos on Allen’s face before including his picture in a photo line up.

Then the witnesses identified Allen. Continue reading →

Here’s A Poll That The News Media Must Take Seriously…But They Won’t. Too Bad. For Everyone.

/ Jack Marshall / 24 Comments

Rebel journalist Sharyl Attkisson engaged pollster Scott Rasmussen to measure public attitudes about the political news media. His results, which he discussed on her show, “Full Measure”:

  • 78% of voters say that  journalists  use their media platforms to promote their own agendas.
  • 14% think that journalists fairly report what the news.
  • Focusing only on national news reporters, 57% of those polled said reporters slant their output to advance their own political agendas,
  • Only 26% of those polled believe that national reporters restrict themselves to the facts.
  • 52%  believe the problem has become worse compared to five years ago.
  • 42% of Americans believe national political news coverage is inaccurate and unreliable, while less— 38%—believe it’s accurate and reliable.
  • 36% of voters believe that a journalist would fairly report facts that would hurt their favorite candidate.

Observations: Continue reading →