House Democrats Sit-In To Ignore The Fifth Amendment (Thereby Disgracing Themselves)

Sit in

When is it not a partisan act to condemn an entire political party and the followers who applaud it no matter what it does?

One example is unfolding before us: the Republican Party’s absence of sufficient integrity, principle and will to deny Donald Trump the party’s endorsement and nomination for President. It’s not a partisan act to condemn this. It is objective, rational, and responsible.

It is similarly objective, rational and fair to condemn the Democratic Party and its blind, knee-jerk followers for engaging in one of the most cynical, hypocritical and pandering displays in memory: the current “sit-in” to force the House to vote on anti-gun bills that unambiguously bypass the Fifth Amendment of the Constitution, denying American citizens their civil rights by government edict.

House Democrats, symbolically led by Rep. John Lewis, the elderly civil rights icon who seems now bent on making an ass of himself, have vowed to “occupy” the House Chamber until the no-fly list ban on gun purchasing is voted on, essentially shutting down that side of Congress.  For those whose brains are functioning, this is about as naked a display of political cynicism as we have seen, even topping Ted Cruz’s destructive government shut-downs.

Two days ago, it was Senate Democrats not Republicans, who voted down a bill that would have given the Justice Department power to block gun purchases by anyone on a terror watch list, provided that the government fulfilled its duty of  due process but going to court and satisfying to a judge  that the person on the list was there was a compelling reason to regard the citizen as a public threat. actually dangerous. That was the bill put forth by Senator Cornyn, a Republican. But Democrats could have the gun control provision they were screaming for be the work of that evil, NRA supported party, so it died in the Senate, 53/47, when enough Democrats voted against it to deny the 60 votes it needed for cloture.

Now the House Democrats are grandstanding and acting like children. Yesterday,  the House Democrats chanted from the floor: “I’m sick and tired of being sick and tired!” and “No bill, no break!” while the House remained in recess.

It is unconstitutional to allow the  federal government power to strip the rights from citizens who have been convicted of nothing without the protection of judicial safeguards.If there is any significant controversy about this, I can’t find it. The theory seems to be that because Democrats don’t like Second Amendment rights, they don’t count, somehow. You know, Democrats aren’t crazy about First Amendment rights either.  Perhaps this is why that liberal champion of long standing, the American Civil Liberties Union, opposes the no-fly bills as vehemently as the NRA. They opposed the Cornyn bill, the closest to one that acknowledges the Fifth Amendment, as well as the Democratic, “Due process? What is this due process of which you speak?” capitulations to hysteria, writing in a letter to Senators:
Continue reading

The New! Improved! Bipartisan! Gun Bill Is ALSO Unconstitutional…And The Statements Of The Senators About It Are Nauseating

Collins et al

The New York Times, which apparently only respects that part of the Constitution that protects biased and dishonest newspapers, cheers a newly  proposed anti-gun measure as one that “puts new muscle and momentum behind what would be one of the few restrictions placed on gun ownership in the past 20 years.”

It also takes away the rights of citizens without due process of law.

The compromise bill, proposed by Senator Susan Collins (R-Maine) and backed by Senator Heidi Heitkamp (D-ND), was cooked up a day after the Senate, in the words of the Times, “refused to advance any of four measures intended to make it harder for suspected terrorists to buy guns.”

No, that’s U.S. citizens who have not been convicted of any crime, not “suspected terrorists.” It is not a crime to be suspected of anything. The government cannot take away your rights because it suspects something, or fears you might do something in the future.

Is that really such a difficult concept from elected officials and journalists? Why is that?

“Surely the terrorist attacks in San Bernardino and Orlando that took so many lives are a call for compromise, a plea for bipartisan action…Essentially, we believe if you are too dangerous to fly on an airplane, you are too dangerous to buy a gun,” Collins said in a news conference.

I call on my fellow citizens in Maine to remove this incompetent woman from her high office, for she is unfit to serve: Continue reading

Ethics Quote Of The Week: Popehat Lawyer/Blogger/Individual Rights Defender Ken White, Saving My Head

Duct tape doesn't work. Ken White's candor does.

Duct tape doesn’t work. Ken White’s candor does.

“What the Democrats are really saying is, ‘Because this restricts gun rights, we don’t give a shit. And before, to be honest, the Republicans and most of the Democrats would say, ‘Because this is related to terrorism, we don’t give a shit.’ I’m disgusted with them all.”

California lawyer and former federal prosecutor Ken White, the erudite, occasionally vulgar, clear-eyed and courageous head blogger at Popehat, sparing no venom in describing the current push by Democrats to allow the government to remove a citizen’s Second Amendment rights based on suspicion only.

Thank heaven, not for the first time, for the great Ken White. I had just turned off CNN this morning in an effort (successful!) to keep my head from exploding after watching CNN’s Alisyn Camerota, David Gregory and others disgrace themselves; they were all calling the unconstitutional bill allowing the Feds to take away the right to purchase a gun of those the FBI has placed on the “no-fly list,” now being supported by Democratic Senators Diane Feinstein of California, Chris Murphy of Connecticut and Joe Manchin of West Virginia, “mild,” and “reasonable,” while noting that “some conservatives” had raised “due process concerns.” Really? Those bloodthirsty, gay-hating, child-hating, gun-worshiping conservatives think that allowing the government to remove Constitutional right unilaterally based on their suspicion alone violates the Fifth Amendment? What’s the matter with them?

Then, just in time, as I felt a deep ominous, rumbling inside my skull that reminded me of Sensurround, I read Ken’s bullseye of a quote, which came in an interview and not in a Popehat blog post, here. Continue reading

Ethics Observations On The Karl-Murphy Exchange On Gun Regulations And Orlando

Murphy

Here is the interview ABC interview with Senator Chris Murphy (D-Ct)as it transpired on today’s This Week on ABC. The interviewer and substitute host was one of the few journalists, Jonathan Karl (Jake Tapper and Ed Henry also qualify; there are a few others) who at least strive for objectivity and don’t see themselves as Democratic party allies….

KARL: That’s Connecticut senator Chris Murphy. He spent 15 straight hours on the Senate floor this week demanding that Republicans hold votes on gun control measures and Senator Murphy joins us here right now. So, Senator Murphy, you are getting those votes on Monday. Tomorrow. But are you going to have to look those families in the eye once again and tell them that you have failed? Because those bills are not going to pass. None of them.

CHRIS MURPHY: Well, we’re going to work hard, over the weekend, on the bill that stops people on the terrorist watch list to from getting guns. I admit the background checks bill will be tough to get 60 votes on. But, we have hope we can get Republicans to support the bill stopping terrorists from getting weapons.But listen, I think something important happened last week. It wasn’t just 40 Senators came to the floor and supported my effort to get these votes. There were millions of people all across the country who rose up and who joined our effort. And what we know is, ultimately, the only way to win the issue is by building a political infrastructure around the country that rivals that of the gun lobby. And so, I’m still hopeful we’re going to be able to get votes. I know there are also some compromise negotiations happening that may bear fruit. But, in the final analysis what many be most important is that our filibuster helped galvanize an entire country around this issue.

KARL: But you’re specifically pushing a bill and have been pushing the bill, and it will be voted on on Monday, to close the so-called “gun show loophole.” Would that have done anything to stop the massacre in Orlando?

MURPHY: So, it may have in the sense that if you partner with a bill that stops terrorists from getting guns.—

KARL: But wait a minute. He didn’t buy those guns at a gun show. And he would have passed the background check. He did pass a background check.

MURPHY: He did pass a background check. But, if the Feinstein bill was in effect, the FBI could have put him on the list of those prohibited from getting guns. What if he went into the gun store and got denied, he could have gone online, or to a gun show, and bought another weapon.

KARL: Okay, but what I’m trying to get at is, we hear every time there’s one of these terrible tragedies there are proposals. Your proposal would have done nothing in the case of Orlando, it would have done nothing to stop the killing in San Bernardino. And in fact, it was unrelated to the killing in Newtown. So why — why are we focusing on things that have nothing to do with the massacres we’re responding to?

MURPHY: So first of all, we can’t get into that trap. I disagree, I think if this proposal had been into effect it may have stopped the shooting. But we can’t get into the trap in which we are forced to defend our proposal simply because it didn’t stop the last tragedy. We should be making our gun laws less full of Swiss cheese holes, so that future killings don’t happen. That trap in an impossible one. The Sandy Hook families lobby for background checks. You know why? Because they are just as concerned with the young men and women who are dying in our cities because of the flow of illegal guns, as they are about a ban of assault weapons, or high magazines clips that might have prevented the Newtown killings. So, this has to be broader that just responding to the tragedy that happened three days ago.

KARL: But, why can’t Congress pass things there is obvious agreement on. For instance, the question of the terrorist watch list. There is opposition to banning gun sales for people on that list. People have constitutional concerns. But why can’t you simply pass a provision that says that, “anybody who’s on a terrorist watch list or has been on a terrorist watch list for the last five years, tries to buy a gun, the FBI is automatically notified?” I mean at, at least they can follow the person, track the person. Why can’t Congress at least do that?

MURPHY: Well first of all, does the FBI have the resources, I mean that’s a question, to take those notifications, especially if the individual walks out of the store with the gun, and stop the killing before it happens? It would be much more effective to make sure the individual [doesn’t] get the gun, rather than to make the FBI go find him after he gets it.

Ethics Observations:

1. Bravo, Jon Karl. I don’t think Murphy was prepared for these questions, which were as necessary as they were obvious, but not something a good, compliant, Democrat, anti-gun lackey is supposed to ask. The news media is biased, but it isn’t always biased, and not all journalists are partisan, at least not all the time. I can’t call Karl an Ethics Hero for just doing his job the way journalism schools say it should be done, but he certainly is an exemplar.

2. The cheers and accolades sent Senator Murphy’s way because of his filibuster were sad. He was grandstanding; I kept trying to explain that to people as they called him a hero. A more cynical, misleading stunt would be hard to imagine. It was a direct appeal to the emotional “Do something, anything!” crowd, with the intention of being able to blame Republicans when none of his ineffective or unconstitutional measures were passed. This make any accord on gun regulations less likely, not more.

Some hero. Continue reading

Ethics Observations On The Unethical Quote Of The Week, By Senator Joe Manshin (D-WV)

Manshin

“But due process is what’s killing us now.”

—- Democratic Senator Joe Manshin, of West Virginia, on MSNBC bemoaning the fact that the government can’t take away your rights based on “suspicion.”

Naturally, nobody on the network immediately responded, “WHAT???” I wonder if there are any broadcast journalists who would have challenged that crypto-fascist statement by a U.S. Senator. Think about that for a minute.

Just so you are clear that the quote isn’t out of context, here is what Manshin said (you can also watch the video here)

“The problem we have and really the firewall that we have right now is due process. It’s all due process. So we can all say, yeah, we want the same thing but how do we get there?” If a person is on the terrorist watch list like the gentleman, the shooter in Orlando, he was twice by the FBI, we were briefed yesterday about what happened, but that man was brought in twice. They did everything they could. The FBI did everything they were supposed to do, but there was no way for them to keep him on the nix list or keep him off the gun buy list. There was no way to do that. So can’t we say that if a person’s under suspicion,  there should be a five-year period of time of time that we have to see if good behavior, if this person continues the same traits, maybe we can come to that type of an agreement? But due process is what’s killing us now.”

Observations: Continue reading

Unethical Quote Of The Week: Sam Liccardo (D), Mayor of San Jose, California

 

“At some point Donald Trump needs to take responsibility for the irresponsible behavior of his campaign,”

Mayor Sam Liccardo, of San Jose, California, in response to rioting and violent attacks on Trump rally attendees after a Trump speech.

I am searching for some tangential benefits—silver linings in clouds of gray, so to speak—from the ugly choice of Presidential candidates being foisted on us. One benefit is that the situation is relentlessly exposing the flawed and in many cases deplorable character of various public figures, journalists, and others, including friends who we once thought had admirable integrity, values and principles. Most likely to expose the rot beneath are the hyper-partisans.

The anti-Trump riots in San Jose were shocking and inexcusable, except by the most unethical use of rationalizations and bias. Nonetheless, Liccardo’s immediate public response to them was to blame Donald Trump for, I guess, making Liccardo’s citizens viciously attack Trump supporters. Continue reading

As Republican Ethics Heroes And Dunces Board, Dodge Or Drive The Donald Trump Presidential Candidacy Ethics Train Wreck

off the train

The Donald Trump Presidential Candidacy Ethics Train Wreck is so deadly that the nation will be forced to board the Hillary Clinton Presidential Candidacy Ethics Train Wreck to survive it, as a broken back, a smashed face and need for multiple organ transplants are still more survivable than a damaged brain and a crushed heart.

Like all political Ethics Train Wrecks, however, it does allow us to learn a great deal about various pundits, politicians and public figures. Here are some early results from the wreckage once known as the Republican Party:

Ethics Heroes: The Bushes (Jeb, George H.W. and George W.) Mitt Romney, House Speaker Paul Ryan, Republican U.S. Senators Lindsay Graham,  Ben Sasse of Nebraska and Jeff Flake of Arizona, Massachusetts Gov. Charlie Baker and Illinois Governor Bruce Rauner;  Conservative columnist Erick Erickson, Republican strategist and operative Mary Mat Weekly Standard founder and editor William Kristol.

There will be more. To reject the apparent nominee of your own party is a nearly unprecedented step for party leaders and ex-Presidents. I can’t find any vaguely similar example since Teddy Roosevelt split the GOP with his Progressive Party in 2012. Sasse has called for a third party alternative. Eventually, we will have a more definitive list, and some of these will fall into perdition. Continue reading

Bad News Bernie Fans: Your Hero Is Just As Ethically Clueless As Donald Trump

rose and Bernie

From the transcript of Bernie Sanders’ interview with CBS’s Charlie Rose:

ROSE: But take a listen to this, this is what you’ve said. You said that, “Clinton should apologize for Iraq war deaths.”

SANDERS: This is after I was asked to apologize for the tragedy in Sandy Hook. You know, put these things into context.

ROSE: Tit for tat.

SANDERS: It is tit for tat. But I’m responding to attacks that are being made against me.

ROSE: I’m asking where the tenor of this campaign is going. And is that going too far to say she bears responsibility for Iraqi war deaths?

 SANDERS: Do I bear responsibility for the tragedy and the horrors of Sandy Hook? So, you know, let’s get off of that. Of course she doesn’t bear responsibility. She voted for the war in Iraq. That was a very bad vote, in my view. Do I hold her accountable? No.

ROSE: I just wanna come back to the Iraqi thing one second, and one more question. You have said that she voted for the Iraqi war. Other people did as well. Many other people. Do you hold all of them responsible for the deaths of Americans?

SANDERS: No. 

ROSE: Then why say it, Senator? That’s the question.

SANDERS: I am saying it because I was attacked.

NOTES: Continue reading

Considering the Retrograde Mississippi Freedom of Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…

110204_phil_bryant_ap_605

Erica Flores Dunahoo and Stanley Hoskins have complained that the owner of a recreational vehicle park near Tupelo, Mississsippi. refused to rent a space to them earlier this year because of the colors of their skin. They say that Gene Baker accepted a $275 rent check, gave Erica a hug and invited her to church. The next day he called her and said, not quite as friendly, “Hey, you didn’t tell me you was married to no black man!”

Is that a problem, she queried?  “Oh, it’s a big problem with the members of my church, my community and my mother-in-law. They don’t allow that black and white shacking.”

Ah. So you are a moron, then, am I correct, sir? Yet why would Baker not believe this is completely fair and reasonable, since the current culture of his state, recently defined by the freshly signed Freedom of Conscience from Government Discrimination Act, is that religion allows citizens to behave like bigoted, meddling jackasses as a matter of conscience?

The new law, one of a flurry of such foolish, divisive and destructive measures popping up in states determined to embarrass Republicans and Protestants while causing Founding Fathers to do backflips in their graves, allows those who object to same-sex marriages or an individual claiming to be a gender other than what was “objectively determined by anatomy and genetics at birth” to use “conscience” as justification refuse to provide services.

I call these “right to be an asshole” laws. They are of dubious constitutionality, but their ethical status isn’t dubious at all.  They assert the right to interfere with the autonomy, lives and free choices of other law abiding citizens, denigrating, inconveniencing, stigmatizing  and marginalizing them in the process, because they believe religion justifies their doing so. Continue reading

Incompetent Elected Official Of The Month: Idaho State Representative Pete Nielsen (R-Mountain Home)

Now, do I think Pete doesn't look too bright only because I know he isn't too bright? I think so...

Now, do I think Pete doesn’t look too bright only because I know he isn’t too bright? I think so…

There are two reasons to deride Rep. Nielsen. First, by his own words he is marked as an idiot unworthy not only off high office but of public trust, and second, he either has  been paying no attention to epic, infamous, well-publicized catastrophes in his own party, or doesn’t have a brain pan of sufficient depth to comprehend them.

Surely you remember Todd Akin, the Missouri GOP Senate candidate in 2012, who blew his party’s chances of taking a eminently winnable seat from the horrible Claire McCaskill by uttering this nonsense on the issue of whether rape-caused pregnancies should be an exception to abortion restrictions:

“It seems to me, from what I understand from doctors, that’s really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down…”

He was ridiculed, he was attacked, he was mocked, and from all parties and ideologies, for his magical theory that a woman’s body knows the difference between “legitimate rape” and the nice kind of sexual intercourse. (Oddly, none of those “doctors” ever came forward, perhaps because they were wearing diapers and had turnips sticking out of their ears. Somehow, Pete Nielsen missed all of that, and so during a debate in the Idaho Legislature on bill that would require women seeking abortions to be given a list of providers of free ultrasounds, when it was noted that the measure makes no exception for victims of rape or incest, he piped up with this:

“Now, I’m of the understanding that in many cases of rape it does not involve any pregnancy because of the trauma of the incident. That may be true with incest a little bit.”

Now, if he had been immediately pelted with wadded up papers, soda cans and other things by his  horrified colleagues, may be would have had the sense to stop digging, but, being an idiot, he didn’t. Asked how he knew this absolute non-medical non-fact as reliable as the theory that you can catch AIDS from a toilet seat, Nielsen said, “That’s information that I’ve had through the years. Whether it’s totally accurate or not, I don’t know. “I read a lot of information. I have read it several times. … Being a father of five girls, I’ve explored this a lot.”

Wait, what? Never mind, I don’t want to think about that last part. Continue reading