Incompetent Elected Officials

Ethics Quote Of The Month: Tech Dirt’s Mike Masnick On The Internet Privacy Bill

/ Jack Marshall / 27 Comments

“We don’t solve problems by misrepresenting what the real scenario is. It’s true that ISPs have way too much power over these markets, and they can see and collect a ton of information on you which can absolutely be misused in privacy-damaging ways. But let’s at least be honest about how it’s happening and what it means. That’s the only way we’re going to see real solutions to these issues.”

—–Mike Masnick on Techdirt on the ignorance of  supporters, critics, and the public regarding consumer broadband privacy protections, which were just repealed by straight party line votes in Congress, as part of the Congressional Review Act, which allows the legislative branch to eliminate regulations and limits an agency’s ability to issue similar rules to the ones being struck down. President Trump is expected to sign the bill.

I can see both sides of the Internet “privacy” debate. All I ask is that the average screaming head on TV knows what she’s talking about, and that the news media try to educate citizens on the issue, not portray it as another Obama did it so it’s wonderful, Trump is overturning it, so it’s the end of the world. This morning I watched Morning News Babe Robin Meade roll her eyes while “describing’ what the bill does completely inaccurately. The bill, her unhappy face broadcast is baaaad like everything the Trump Administration and Republicans do is baaaaad. Then she explained that the bill would allow internet service providers, browsers and “search engines” to take your internet history and sell it to big corporations.  Then she giggled about how Max Temkin, inventor of some card game* I have never heard of, promised in a tweet…

“If this shit passes I will buy the browser history of every congressman and congressional aide and publish it.”

Robin, not having the foggiest idea what the bill really did, thought this was so funny and cool. She did not inform her audience, some of whom were actually seeking reliable information and not just tuning in to ogle, that..

  • The bill only undoes the Obama FCC regulations that stopped ISPs from gathering data on its customers’ internet use, and they hadn’t taken effect yet. In other words, it changes nothing.
  • Google, Amazon, Facebook, and other browsers and internet services still can gather anything they get their grubby cyber paws on. The FCC doesn’t regulate them.

You can’t buy Congress’ internet data. You can’t buy my internet data. You can’t buy your internet data. That’s not how this works. It’s a common misconception. We even saw this in Congress four years ago, where Rep. Louis Gohmert went on a smug but totally ignorant rant, asking why Google won’t sell the government all the data it has on people. As we explained at the time, that’s not how it works*. Advertisers aren’t buying your browsing data, and ISPs and other internet companies aren’t selling your data in a neat little package. It doesn’t help anyone to blatantly misrepresent what’s going on.

When ISPs or online services have your data and “sell” it, it doesn’t mean that you can go to, say, AT&T and offer to buy “all of Louis Gohmert’s browsing history.” Instead, what happens is that these companies collect that data for themselves and then sell targeting. That is, when Gohmert goes to visit his favorite publication, that website will cast out to various marketplaces for bids on what ads to show. Thanks to information tracking, it may throw up some demographic and interest data to the marketplace. So, it may say that it has a page being viewed by a male from Texas, who was recently visiting webpages about boardgames and cow farming (to randomly choose some items). Then, from that marketplace, some advertisers’ computerized algorithms will more or less say “well, I’m selling boardgames about cows in Texas, and therefore, this person’s attention is worth 1/10th of a penny more to me than some other company that’s selling boardgames about moose.” And then the webpage will display the ad about cow boardgames. All this happens in a split second, before the page has fully loaded.

At no point does the ad exchange or any of the advertisers know that this is “Louis Gohmert, Congressional Rep.” Nor do they get any other info. They just know that if they are willing to spend the required amount to get the ad shown via the marketplace bidding mechanism, it will show up in front of someone who is somewhat more likely to be interested in the content.

That’s it.

Got that, Robin?

Probably not. Continue reading →

Incompetent Elected Official Of The Month: Massachusetts State Rep Michelle DuBois (D-Plymouth)

/ Jack Marshall / 31 Comments

What is the thinking of people like Massachusetts state rep Michelle DuBois, who authored the above Facebook post? Do they think? Can they think? Aiding an illegal immigrant in evading authorities is obstruction of justice. Do the Duboises of the world really and truly regard facilitating illegal immigration as the equivalent of participating in the Underground Railroad? How did they reach such a fdoolish, counter-factual and warped opinion? Yes, the ACLU comes very close to crossing the line with its published advice to illegals, but it doesn’t actively try to foil legal government action. Even sanctuary cities that pledge not to cooperate with ICE are not actively interfering with the agency, or so they can argue with varying persuasiveness.  Not DuBois, though. As a an elected legislator, she can pass laws, but she can’t declare those she doesn’t like null and void, and defy the rule of law in so doing.

This is obstructing justice. DuBois’s argument to the contrary was beyond disingenuous:

“Passing information along that is already all over the community not only lets the people I represent know what is happening. It lets ICE know that everyone in Brockton is aware of their intended raid if there was one.”

Oh, I see. She made everyone in Brockton aware of the ICE raid so ICE would know that all of Brockton was aware  of it!

Bristol County Sheriff Thomas Hodgson referred to DuBois while testifying before lawmakers on Capitol Hill, saying, “This is the most outrageous, outrageous example of what’s going on across the United States that’s undermining my job and every other law enforcement officer in the United States.”

Dubois belongs right along side Oregon judge Monica Herranz, who allegedly allowed an illegal immigrant to slip out a back door to avoid ICE officials waiting for him, in a jail, awaiting trial. Continue reading →

No, Bill O’Reilly Shouldn’t Be Fired For Making Fun Of Rep. Maxine Waters’ Hair

/ Jack Marshall / 117 Comments

Bill O’Reilly should have been fired before he made fun of Maxine Waters’ hair. Now would be the worst time imaginable to fire the blow-hard, untrustworthy Fox News pundit, because it would allow partisans to silence an opinion-maker whose opinions they hate by employing shameless and unjustified race-baiting. That tactic, employed repeatedly and futilely against Rush Limbaugh and other high profile conservatives, is unethical, and must not be validated by success.

In case you don’t follow O’Reilly, 1) I salute your taste and time management, and 2) here’s what caused the controversy:

O’Reilly was stopping by the set of “Fox and Friends,” and along with the gang on the couch watched some of Democratic Congresswoman Maxine Waters’ speech attacking President Trump. After the clip, O’Reilly said, “I didn’t hear a word she said. I was looking at the James Brown wig.”

Being in the Land of the Dimwits, O’Reilly sparked an idiotic defense from co-host Ainsley Earhardt, who said, fatuously, “You can’t go after a woman. Plus, I think she’s very attractive.”

Why in the world can’t you “go after a woman” when the woman is an elected official who says ridiculous things as routinely as clockwork? Earhardt’s statement was sexist on its face, and as O’Reilly quickly found out, it wasn’t sexism that he was going to be accused of with his mean James Brown wig comment. By the way…

…he had a point.

It’s a nasty, ad hominem, unprofessional point, however, that lowers political discourse into the gutter. O’Reilly has been doing this in various ways from the beginning of his career, when he wasn’t misrepresenting his credentials, his conduct, or other matters. This, however, was a relatively minor example.

Never mind though: Waters is black, so by the infinitely adjustable weaponizing definition of racism used by progressives, black activists and Democrats for the previous eight years, to criticize her at all is to be a racist. This was a sub-version; criticizing a black woman’s hair is racist. OK, comparing a black woman’s wig to an iconic black soul singer’s wig is racist. Or something: just cry racism, and the hope is that it will tar O’Reilly so badly that he will become unemployable, and no progressive will ever have their blood pressure raised by him again.

All over social media, progressives of note and non-note called for Bill’s head because his comment was “racist.” This really takes chutzpah, since mocking Donald Trump’s hair and skin-color virtually became a national pastime in Leftist Land during the 2016 campaign, and is still. What’s the standard being advocated here? Calling a white President”s comeover anything from a dead animal to decomposing vegetables is perfectly acceptable political discourse, but comparing a black House member’s wig to the hair of a dead rock icon is too horrible to tolerate? The Washington Post published a feature called “The 100 Greatest Descriptions of Donald Trump;s Hair” last June. It included such entries as

  • A mullet that died in some horrific accident
  • Combed like he’s televangelist Benny Hinn.
  • Like Biff, from “Back to the Future”
  • Like Lucille Ball
  • Like a troll doll

And most worthy of discussion,  this: Continue reading →

Incompetent Elected Official Of The Month, As Trump Derangement Eats Chuck Schumer’s Brain [UPDATED]

/ Jack Marshall / 25 Comments

Luckily, the Senator was hammerless…

NY Senator Chuck Schumer, the Senate Minority Leader (who sure seemed like a nice, reasonable guy in my two brief encounters with him), apparently needs an intervention.

According to witnesses, Schumer became enraged this weekend when he encountered Joseph A. Califano Jr. (former U.S. Secretary of Health, Education and Welfare under President Carter)  and his wife, Hilary, having a quiet dinner at the stylish Upper East Side restaurant Sette Mezzo. Schumer, dining with friends, began shouting at the couple and Califano’s wife in particular, saying, “She voted for Trump!” The Califanos left the restaurant, and the distinguished Senator followed them outside, continuing to harass Hilary Califano, saying,  “ ‘How could you vote for Trump? He’s a liar!’

Mrs. Califano confirmed the account. “Sen. Schumer was really rude . . . I should have told him that Hillary Clinton was a liar, but I was so surprised I didn’t say anything.”

A spokesman for Schumer denies this occurred, saying, “[He] and his wife ate at the café on Sunday, engaging in unremarkable conversation with patrons who approached their table. There were no heated exchanges with ‎anyone.”

Once again, almost all “conservative” media reports that Schumer was ranting at Califano. No left-leaning media has covered the story at all (so far), except The Hill. How do we know what happened, with journalism rejecting objectivity? The mainstream media actively works to bury stories that don’t serve their agendas, while the other side habitually over-hypes. If we take the MSN’s silence for the truth, then the episode becomes “old news,” and is effectively muted.

I have to maneuver this disgusting swamp every day. In this case, I’m going with the New York Post Page Six account, first because it’s the local paper; second, because I find it hard to believe that any paper would try to manufacture an incident in a crowded restaurant; third, because Mrs. Califano confirmed it, and finally, because Democrats have been increasingly unhinged for months.

Update: when that post was written, no leftward mainstream media sources reported the incident, though it was unquestionable newsworthy. If Senator McCain or Mitch McConnell, and certainly Sarah Palin, had behaved this way, it would be on every front page and CNN would be leading with it every hour.  I noted that this was a perfect example of how the polarization of news sources works today; I also wondered if the story would ultimately be debunks or credibly denied. The story  hasn’t been debunked, and the Left’s media pals have ignored it. From now on, I think I’ll ask any desperate denier of news media bias try to explain this.

So… Continue reading →

Idiot Ethics: A Brief Note

/ Jack Marshall / 16 Comments

I used the term “idiot” three times in the recent post about Alex Jones. Periodically I get reprimands from commenters who chide Ethics Alarms for engaging in “ad hominem” attacks when it refers to a public figure as “an idiot.” IMy response is always the same: diagnosing someone as an idiot who behaves idiotically is not an “ad hominem attack.” Ad hominem means that one attacks a legitimate argument by attacking the arguer instead: “That must be wrong, because he’s an idiot!”  In the case of Jones, my point was very different: believing that John Podesta, in the middle of a Presidential campaign, would be running a sex ring out of a pizza place is per se idiotic, and it requires an idiot, like Alex Jones, to take such a story seriously. I’ll stand by that assessment.

Still you don’t read many pundits, and certainly no ethicists, who use that term, or related ones like dolt, dummy, moron and cretin. Is it unprofessional? It certainly isn’t common practice for professionals, though there are exceptions: the late Justice Scalia was not above calling out idiocy by name. I will even use the term occasionally in my ethics seminars, for example, to describe the lawyer who produced a hand grenade during his closing argument, and pulled the pin. Is this unfair? I don’t think so. Nor is it unfair to call the lawyer an idiot who recently had his pants burst into flame mid-argument to bolster his defense that his client didn’t deliberately set his car won fire, but that it spontaneously combusted.

Non-idiots don’t do things like that. If he doesn’t know he’s an idiot, someone needs to tell him.

Calling someone an idiot is an insult, obviously, and is a breach of civility. Civility, however, does not and should not interfere with the truth. Choosing to properly designate a prominent idiot as one is a public service, and to the more self-aware idiots, a kindness as well. Great damage can be prevented by making it absolutely unambiguously clear that someone is an idiot, as in “not smart, responsible, wise or educated enough to be trusted in his opinions or competence.”

Once upon a time, it was very rare for true idiots to rise to prominence and influence in the United States.  It was just too hard, and nobody was that lucky. This provided a great advantage over cultures where power and influence were conferred by birth.  Idiot kings and emperors were never in short supply. John Adams made the point that in America, the aristocracy, whose role in other nations was to stand as role models and typify the best of society, was uniquely created by ability, achievement, talent and intelligence. (John, a lawyer, naturally thought that lawyers fit the bill.) The bold concept behind American democracy was 1) that public education and civic duty would compel the citizenry to accept the responsibility of being capable of self-government, and that the “wisdom of crowds” would do the rest. Idiots literally could not rise to high office. They so obviously contrasted with the typical public servants that their careers fizzled out before the White House was within view. Stupid journalists, scholars, professionals and authors were also rare; indeed, it was once hard to find an idiot with a high school diploma, much less with an advanced degree. 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 →

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 →

Unethical Presidential Tweet Of The Month

/ Jack Marshall / 17 Comments

Ugh.

Hip hop artist Snoop Dogg is desperate for some publicity, I guess, so why not troll President Trump?  He’s issued a music video of the song  “Lavender,” in which a Trump-imitating actor in clown makeup is sort of assassinated by the singer. This is art. It poses no threat to the President. Tasteless? Ugly? Provocative? You decide. Whatever you decide, however, the President’s tweet is factually wrong. Ken White explains at Faultlines:

This is all nonsense…First Amendment analysis isn’t mathematics, but it’s not philosophy, either. The rules, and how they have generally been applied, are knowable. The rules for whether a statement can be taken as a criminal threat against the President have been clear for 47 years, since Vernon Watts talked about putting LBJ in the sights of a hypothetical rifle. The rules governing claims of “incitement” are even clearer. Unless Snoop Dogg’s video was intended to produce, and likely to produce, imminent lawless action, or was intended as and objectively understandable as a sincere expression of intent to do Trump harm, it’s not criminal. Period. This is not a close or ambiguous call.

Correct. Now, as regular readers here know, I have an abundance of tolerance for the President’s tweeting. It’s not dignified, and it undermines his authority and dignity, and it embarrasses the government and degrades the office. Most of the tweets, however, are just stupid.

This one, however, misstates the law, and, as White points out, the President is sworn to protect the laws of the United States. You don’t protect them by misrepresenting them, or by miseducating citizens who are just as ignorant of the law as the President is.

This can’t be put off any longer: if he is going to keep tweeting, the President’s tweets have to be vetted by a lawyer.

NOT this one, though.

In A Photo Finish Race For Incompetent Elected Official Of The Month, Ohio State Wes Retherford (R) Edges Texas State Rep. Jessica Farrar (D)

/ Jack Marshall / 82 Comments

Both are embarrassments to their parties, their states, and the voters who elected them, however.

First the winner: Ohio State Representative Wes Retherford, R-Hamilton, who was discovered over the weekend passed out drunk in his car with a loaded firearm at a McDonald’s drive-thru . Wes was arrested by Butler County sheriff’s deputies, and faces charges of operating a vehicle under the influence and improper handling of a firearm in a motor vehicle, because there is no current criminal law covering unbelievably stupid conduct by an elected official.

Retherford was easily re-elected in November in the heavily Republican district, even though voters had to know he was a drunk. He had to defeat a challenger in the GOP primary after another candidate gained the party’s endorsement because Retherford had been criticized for “partying.” “Partying” is a euphemism, in this case, for “has a serious drinking problem and is likely to end up  passed out drunk in his car at a McDonald’s drive-thru with a loaded firearm. The Ohio House Speaker even had to order a drinks cart removed from Retherford’s office because it violated House rules. People voted for him anyway. They must be so proud.

Our runner-up is a different brand of fool, but a fool nonetheless: Texas State Rep. Jessica Farrar, a Democrat, offered what she termed a “satirical bill”  that would fine men for masturbating, allow doctors to refuse to prescribe Viagra and require men to undergo a medically unnecessary rectal exam before any elective vasectomy. Farrar says that she knows her bill will never pass, but says she hopes it will start a conversation about abortion restrictions. Continue reading →

KABOOM! Unethical Quote Of The Month, And Maybe Hypocrisy Of The Century: Nancy Pelosi

/ Jack Marshall / 33 Comments

I’m stunned. I honestly did not think it was possible for  Nancy Pelosi to surprise me any more, as my expectations for her utterances are so low as to be subterranean. I certainly didn’t think she could make my head explode again. Pelosi accomplished the impossible, however, by including this astounding line in a letter to Paul Ryan regarding a GOP replacement for the Affordable Care Act. She actually wrote…

“The American people and Members have a right to know the full impact of this legislation before any vote in Committee or by the whole House.”

KABOOM!

1. This is the same woman whose most famous quote, regarding the ACA, is “We have to pass the  bill so that you can find out what’s in it….” 

2. The law the Republicans want to replace with something the “American people and Members have a right to know the full impact of … before any vote in Committee or by the whole House” was one that almost no Democrats read before voting for it, so even they didn’t understand its “full impact.”

3. The ACA passed in this manner included a mandate that Pelosi and her party swore was not a tax but a penalty, and then when the law was challenged argued to the Supreme Court that it wasn’t a penalty, but a tax.

4. The President of the United States who signed the ACA materially misrepresented the impact of the law repeatedly by stating that it allowed Americans who wanted to keep their current health plans to do so.

How dare Nancy Pelosi make that demand? How astoundingly hypocritical, overflowing with gall, and immune to self-awareness can any human being be? This is like Bill Clinton lecturing Donald Trump about avoiding intimate relations with subordinates, but worse.

Of course she’s right, but Pelosi is the last person on earth, literally the last person, entitled to demand transparency regarding health care bills. How can she say something like this? Is she senile? Is she trying to look ridiculous? Is she so completely devoid of integrity that she can advocate the exact opposite of her own conduct and that of her party without a twinge of irony or shame? Does she believe that her followers are so blind, stupid an unable to hold a memory in their heads that they won’t see how offensive this is, coming from her?

Are they that blind and stupid?