Government & Politics

“The Good Illegal Immigrant,” Part IV—The Latest Installment In A Series Of Indeterminate Duration. Unfortunately.

/ Jack Marshall / 30 Comments

Good.

[Earlier installments of “The Good Illegal Immigrant” are here, here and here.]

Not to creep into General Sheridan’s territory, but there is no such thing as a “good illegal immigrant.” The term is an oxymoron. In illegal immigrant in the United States is breaking the law every day, hour and minute he is here. Breaking the law is not good. Breaking the law every day is especially not good. Good people do not break the law every day.

Clear?

Roberto Beristain is the owner of a popular restaurant in Granger, Indiana called Eddie’s Steak Shed. He came to the United States illegally from Mexico City  in 1998. Somehow he obtained documentation to work in the country, even a Social Security card, and checked in with ICE each year. In 2000. Roberto and his wife, Helen  were visiting Niagara Falls—such an American thing for a couple to do!— and accidentally crossed into Canada. When officials realized he was in the U.S. illegally as he tried to return, Roberto was detained. Released on bail,  he was told he had to voluntarily leave the U.S. within a month. Beristain says he did not leave because Helen was pregnant.

Ah. All should be forgiven then! This is known as “making up your own exception to the law.” Also not good.

When Roberto checked in with  ICE last month, that 2000 episode finally came up. ICE took Beristain into custody because when he failed to deport himself, his voluntary order reverted to a final order of removal. Why did it take more than a decade for Immigration to notice?

Don’t get me started. Continue reading →

The False Lesson Of The GOP Failure To Replace Obamacare

/ Jack Marshall / 25 Comments

“They called off the Charge of the Light Brigade, the incompetent fools!”

Ethics Alarms feels obligated to state what should be obvious, but increasingly is not, as abuse is heaped on the Republican House and President Trump for failing to be able, for now at least, to agree on a replacement/repeal/fix for the Affordable Care Act, “Obamacare” its close friends….enemies too, come to think of it.

The headlines on stories all over the web describe the lack of a GOP bill are brutal:The failure of the Republican health care bill reveals a party unready to govern (Vox)…Republicans Land a Punch on Health Care, to Their Own Face (New York Times)…Inside the GOP’s Health Care Debacle (Politico). Those are the nicest ones. The conservative media’s headlines are even more contemptuous. This only reflects how much the prevailing delusion on the Left and by extension the Left’s lapdog media and punditry, has infected political common sense, leaving a Bizarro World* sensibility about what ethical governing is about.

It may be futile to point this out from this obscure corner of the web, but hell, I’m a fan of quixotic endeavors: the House health care bill was a bad bill. Virtually everyone who examined it thought so. If the thing had somehow been passed by the Senate (it wouldn’t have been, so this meltdown just got all the abuse and gloating out of the way early) and signed by the President (who admits that he has no idea what a “good” health care system would be), it would have thrown millions of lives and the economy into chaos. It isn’t responsible governance to pass bad laws. (Why is it necessary to even say this?) It’s irresponsible. The Republicans wouldn’t show they were “ready to govern” by passing an anti-Obamacare bill that made a bad mess messier; they would have shown that they were fools, reckless and incompetent.

You know: like the Democrats when they passed the Affordable Care Act. Continue reading →

And The Obamacare Ethics Train Wreck Rolls On…

/ Jack Marshall / 48 Comments

Barack Obama’s legacy is a series of ethics train wrecks of remarkable and depressing longevity. The oldest of them, the Obamacare Ethics Train Wreck. may never stop rolling, leaving destruction in its wake forever..

Observations:

1.   It is clear that the Republicans will not be able to repeal, undo, repair or reinvent Obamacare, aka The Affordable Care Act, consistently with their rhetoric and the wishes of the thoroughly messed-up law’s abundant critics. The many bills passed by the GOP-controlled House to that end during the Obama Administration were grandstanding only: they passed because there was 100% certainty they would be vetoed. Now that such bills actually risk becoming law, Republicans are, reasonably enough, not willing to take the leap into the void.

2. The President has told Congress that if they are not prepared to deal with the repeal and replacement of the ACA now, he will move on to other priorities.  This is entirely responsible, both politically and pragmatically. Passing a sweeping law in haste that will affect millions of Americans would be irresponsible.

3. This means, of course, that the President’s campaign pledge to repeal Obamacare and replace it with something “great” “on Day One” was nonsense. On one hand, it was reasonable for him, or anyone, to assume that after seven years of complaining the party’s legislators had a viable plan ready to replace the affordable Care Act. On the other, it was dishonest to make such a pledge without ascertaining with certainty that what Candidate Trump was promising was within the realm of possibility. “Day One” is obvious hyperbole, but anyone making such a statement must assume that it will  be widely interpreted as “before the next Ice Age,” and thus should not be uttered unless the pledge can be fulfilled eventually. Continue reading →

Incompetent Elected Official Of The Month: Rep. Devin Nunes (R-CA)

/ Jack Marshall / 23 Comments

Usually the “Incompetent Elected Official” category comes down to some variety of a conclusion that can be summed up by the sturdy phrase, “What an idiot.”  This one is worse than that.

Representative Devin Nunes is chairman of the House committee investigating Russian interference in the Presidential election. This involves intelligence, investigations and secrets that are necessarily a matter of discretion until a final report can be released. No investigation can proceed in a trustworthy manner if every new shred of information becomes public, or worse, is revealed to parties who have a stake in the investigation. This has been understood by members of Congress since, oh, the first Congressional inquiry. The Constitution’s framers assumed that Congress would conduct investigations, just as as the British House of Commons did. James Wilson of Pennsylvania, Convention delegate, a future Supreme Court Justice and the Declaration of Independence signer that “1776” unjustly smears as a weenie , wrote in 1774 that House of Commons members were considered

“grand inquisitors of the realm. The proudest ministers of the proudest monarchs have trembled at their censures; and have appeared at the bar of the house, to give an account of their conduct, and ask pardon for their faults.”

During the First Congress in 1790, Robert Morris, who was the superintendent of finances during the Continental Congress and a financier of the American Revolution, asked Congress to investigate his handling of the country’s finances to clear his name of claimed improprieties. If Nunes doesn’t know the history of the legislative function he is involved in, he should.

Nunes had received intelligence that related to the President’s disputed claim that “he” (meaning who and what, it is unclear) had been wiretapped (meaning surveiled, presumably) by  “Obama” (meaning someone who reports to Obama, I’m guessing), and chose to bypass his committee members, Democrats, protocol and common sense by relaying it directly to the White House. The new information,  Nunes said, showed that American intelligence agencies monitoring foreign officials may have “incidentally” picked up communications from Trump transition team members, and thus the President’s much maligned accusation was kind-of, sort-of, bolstered.

Predictably, the President followed this good news with a tweet. Ugh.

Continue reading →

Top Ten Reasons Why Giving Chelsea Clinton A “Lifetime Impact Award” Is Unethical [UPDATED]

/ Jack Marshall / 73 Comments

Next month, Variety magazine will host its annual “Women in Power” luncheon, and will give “Lifetime Impact  Awards” to several women in the fields of entertainment and public service.Among the honorees will be Chelsea Clinton. Here are the Top Ten Reasons the ridiculous award starts ethics alarms sounding:

1.  The award is incompetent and misleading. Chelsea has done nothing on her own to justify any award. She has been hired for a series of jobs based solely on the prominence of her famous parents, and is on the board of her family foundation, which has funded various humanitarian programs. These are passive achievements that any child of the Clintons would accumulate.

2. The award to Clinton immediately renders worthless Variety’s past and future “Lifetime Impact Awards”  to deserving and worthy recipients. It destroys any claim the award has to integrity and sincerity.

3.  The award is a lie. Chelsea Clinton is in her thirties, and hasn’t accumulated a lifetime, much less a lifetime of laudable achievements. It is grossly premature, contradicting its own title.

4. The award is cruel. It compels focus on the pathetic, privileged, exploited and exploitative existence of Chelsea Clinton thus far by proclaiming it to be something it obviously is not. Continue reading →

Ethics Hero: Notre Dame Political Science Professor Vincent Phillip Muñoz

/ Jack Marshall / 15 Comments

Vincent Phillip Muñoz is the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at The University of Notre Dame. Following the violent protest that prevented his announced lecture at Middlebury College earlier this month, Prof. Muñoz invited Murray to speak at the University of Notre Dame next week. This occasioned some protests and objections from students and faculty at his own college, and he responded with an essay at RealClearPolitics, writing in part…

Charles Murray is speaking at Notre Dame because I and another Political Science professor assigned his book “Coming Apart” in our classes. His visit is one of several outside lectures that are part of this semester’s Constitutional Studies offerings. My class, “Constitutional Government & Public Policy,” addresses some of the most important and divisive issues in American politics: abortion, gay marriage, religious freedom, inequality, freedom of speech, death penalty, race and the meaning of constitutional equality, immigration, euthanasia, and pornography.

 The class is designed to prompt students to think more deeply and thoughtfully about contemporary moral and political issues. I don’t assign a textbook or “neutral” readings that summarize the issues; I require students to read principled thinkers who advocate vigorously for their respective position. I want my conservative students to read smart, persuasive liberal thinkers, and I want my liberal students to read thoughtful conservatives. Educated citizens can give reasons for their beliefs and can defend intellectually the positions they hold. That requires that we understand and articulate the positions with which we disagree.

…“But Murray is controversial and will make students feel uncomfortable,” my faculty colleagues say. Don’t I know that he has been accused of being racist, anti-gay, and a white nationalist? I’m told that bringing him to campus is not fair to Notre Dame’s marginalized students.

I have no desire to inflict unwanted stress or anxiety on any member of the Notre Dame community, especially our minority students. I appreciate the concern for student well being that motivates some of the opposition to Murray’s visit. But I believe what is most harmful to students—and, to speak candidly, most patronizing—is to “protect” our students from hearing arguments and ideas they supposedly cannot handle.To study politics today requires handling controversial, difficult, and divisive topics…

The price of a real education is hearing powerful arguments that make us realize our opinions are based on untested assumptions. Only then, when we realize that we do not know as much as we think we know, can genuine learning occur.

I invited Dr. Murray to Notre Dame months ago…Given what happened at Middlebury, it would be cowardly to disinvite Murray now. Rescinding his invitation would communicate that violence works; that if you want to influence academia, sharpen your elbows, not your mind. It would tell those who engaged in violence—and those who might engage in or threaten violence—that universities will cower if you just appear intimidating. Rescinding Murray’s invitation would teach exactly the wrong lesson…

Notre Dame faculty critical of Murray have implored me to think about the larger context of what his visit means. I am. That is why I will not rescind his invitation. As a professor and program director, my job is to do what we are supposed to do at universities: pursue the truth through reasoned dialogue and discussion. Whether you find Charles Murray’s scholarship persuasive or objectionable, his visit offers an opportunity to learn. That is why I invited him to speak at Notre Dame. After Middlebury, it’s all the more important that he do so.

It is almost an insult to academia to call Prof. Muñoz ‘s statement heroic. It should be obvious. Dissenters from the position he articulates should be instantly recognizable as regrettable outliers, the opponents of academic freedom and freedom of thought, the advocates of censorship and ideological indoctrination. Yet increasingly it is this traditional view of higher education that Muñoz advocates that is under attack. Continue reading →

The Neo-Nazi Music Festival

/ Jack Marshall / 29 Comments

The Southern Poverty Law Center says this is a photo of music loving neo-Nazis. Terrifying.

White nationalists were planning on having a music festival meet-and-greet at the Joppatowne, Maryland Memorial VFW Post 5838 on St Patrick’s Day.  The 11th annual event (yes, there are Nazi music festivals…) was announced on Stormfront.org, and coordinated by Baltimore area far-right record label Label 56, which distributes  skinhead music, CDs, videos, and other white supremacy merchandise.  More about the record label:

Label 56 is the music outlet for a violent neo-Nazi gang called Maryland State “Skinheads” (MDS). MDS head Jason Tankersley, while more involved with their Mixed Martial Arts arm has some organizational input over Label 56 as well. A link for Label 56 appears on the homepages of several other Northeastern racist skinhead groups, including the Keystone State Skinheads, American Thule Society, and the Vinlanders Social Club. Maryland State Skinheads, Keystone United and Supreme White Alliance members are regular attendees.

It’s Going Down ( or IGD) describes itself  as

“a media platform for revolutionary anarchist, anti-fascist, and autonomous anti-capitalist and anti-colonial movements. We publish original content alongside anonymous submissions and repost articles from other websites which share our perspectives. We do not and have not called for events. Our news network is made up of friends and comrades across so-called North America whose mission is to uplift and build capacity for a wide range of social struggles by providing news and analysis of when it goes down: riots, strikes, sabotage, occupations, expropriations, rebellion, revolt, insurrection. Whether together or alone – we support liberatory revolt.”

(Liberatory?)

It sent out an alert titled “Shut Down Neo-Nazi Music Fest at VFW Hall”:

This event is indicative of the rise of white supremacism and the growing organizational capacity of the far-Right nationally. The Ku Klux Klan, and specifically the East Coast Knights of the True Invisible Empire, have been distributing flyers locally in Ellicott City, Towson, and Bel Air, and as far away as North Carolina. It is important to oppose the increasing Neo-Nazi presence together. Time is of the essence. The Mid-Atlantic General Defense Committee (GDC) is monitoring developments in Maryland and working with at-risk communities to respond as they emerge. The GDC encourages everyone to get involved in taking an active stance now.

The complaints and threats from IGD and other allied groups were successful in getting the VFW to cancel the event. Continue reading →

Ethics Quote Of The Day: Five Ninth Circuit Judges

/ Jack Marshall / 12 Comments

“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.

For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”

—-Five judges of the U.S. 9th Circuit Court of Appeals  (Judges Jay Bybee,  joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.

The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.

“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.

Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by  U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies  on the campaign rhetoric of President Trump and statements by  chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz  have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.

Now that’s a double standard!

In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977).  The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…

“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”

Continue reading →

And Democrats Will Call This “Success.”

/ Jack Marshall / 26 Comments

The GenForward poll, as reported by The Associated Press found that a majority of young adults, 57 %, regard Donald Trump as an illegitimate President. The number includes three-quarters of black respondents as well as large majorities of Hispanics and Asians.

President Trump is many things. Ethics Alarms began years ago documenting those aspects of his abilities, temperament, skills and character that made him, by the analysis here, an unqualified, undesirable President. One thing that he is not, however, is “illegitimate.” There is no basis whatsoever to consider him so. He was selected to run by the process put in place by the Republican Party, over a large number of experienced and accomplished politicians (and then there was Ben Carson.) He was extensively covered by a hostile press, that all but announced (and in the case of the New York Times, did announce) that it was dedicated to his defeat. His opponent was the allegedly unbeatable, anointed heir to Barack Obama and the previous Democratic President, her husband, both of whose policies were a matter of record. President Trump did not “buy the election,” as he spent about half what his opponent did. Illegal voters, to whatever extent they played a part in the election, probably did not vote for him.

Donald Trump was elected because the right number of voters chose him in the right combination of states, and under the rules in place since the U.S. Constitution was ratified, his was a legitimate election, and he is a legitimate President beyond question. There have been a few Presidents whose legitimacy could be challenged—John Quincy Adams, John Tyler, Rutherford B. Hayes—but not President Donald J. Trump.

So why does a majority of young Americans now regard the President of the United States as “illegitimate”? They believe this because a deliberate strategy has been followed by Democrats, progressives and the news media to make them believe that. They have been told that the Electoral College is undemocratic, as part of a two month long onslaught of propaganda to get a group of electors not chosen for the purpose to overturn the election results. Major figures in the Democratic leadership have declared the President “illegitimate,” without official rebuke. Most of the Congressional Black Caucus boycotted the Inauguration on that basis. Democrats have loudly claimed that an FBI conspiracy was afoot to wreck Hillary Clinton’s campaign, and then attributed her loss to Russian “interference.” Finally, Democrats have claimed that the Trump campaign colluded with the Russians to steal the election, essentially alleging treason. This last is the major artillery in the Delegitimize Trump battle plan, and it has always been intellectually dishonest, irresponsible, and reckless. Following on the theme, Democrats have even encouraged the use of the inflammatory term “the resistance” to sanctify those who claim the President is “illegitimate,” equating opposition to a duly, legally elected U.S. President with the underground French resistance to Nazi occupiers during World War II, a genuinely illegitimate government. This is indefensible and wrong. Continue reading →

How To Rehabilitate An Ethics Corrupter

/ Jack Marshall / 25 Comments

I guess most people no longer even notice this kind of thing, but it drives me crazy, and will continue to until I am, in fact, crazy.

There is no doubt: Donna Brazile is an ethics corrupter. With the complicity of mainstream media elite and her cocktail party pals, she has for years been falsely represented to audiences on various public affairs shows and “round tables” as an honest and trustworthy political analyst, when in fact she is a paid operative of the Democratic Party. This has been true since she was the campaign manager for Al Gore’s failed Presidential bid. It is deception every time she is introduced on “This Week with George Stephanopoulos” as anything else but a paid agent of the Democratic party. Since her opinion isn’t merely biased but paid for, presenting her as an authority or a pundit is misrepresentation, and intentionally so.

During the last campaign, Brazile revealed her character by using a position with CNN (that never should have been offered, given her known loyalties) to help Hillary Clinton cheat in a town hall and a debate against Bernie Sanders. She cheated. Her cheating was revealed in the e-mails hacked on John Podesta’s e-mail account, but Brazile lied about it when confronted with the evidence, implying that the e-mails were fabricated. Later, after that deception flopped spectacularly, she said that she was “proud” of cheating for Clinton, and regretted nothing.

To sum up, we know, and the media knows, that Donna Brazile is a corrupt partisan, who is eager to misrepresent herself and reality, and cheat when necessary to win for her clients. She should never be presented as an independent, objective, honest or trustworthy commentator or authority. Never. Her presence stands for the unethical propositions that the ends justify the means, and that the Left must prevail even if doing so requires cheating and lies.

Ah, but Donna is one of the gang in Washington, good people, don’t you know, so her journalist pals and the news media are working hard to make Donna acceptable again. Thus I see this headline at “The Hill”:

Brazile: Sending Clinton town hall topics ‘mistake I will forever regret’

Drudge takes the hand-off, and links to the story like this..

DONNA SEEKS REDEMPTION: REGRETS LEAKED QUESTION…

ABC, next to CNN the network that has most shamelessly passed off Brazile as trustworthy commentator, headlined the story,

Donna Brazile: Passing debate questions to Clinton camp ‘a mistake I will forever regret’

FACT: Donna Brazile has never said, implied or stated that she regrets cheating on Clinton’s behalf. Never. Yet these are the headlines of stories that desperately attempted to convince the public that the opposite is the case.

Continue reading →