Unethical Presidential Tweet Of The Month

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)

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

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?

Ethics Quote Of The Day: Supreme Court Justice Stephen Breyer

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“The state has a reason? Yeah, it does. Does it limit free speech? Dramatically. Are there other, less restrictive ways of doing it? We’re not sure, but we think probably. . . . Okay. End of case, right?”

—-Supreme Court Justice Stephen Breyer, during oral argument in the case Packingham v. North Carolina, describing how state laws are traditionally seen by the Court as infringing on freedom of speech.

Lester Packingham was registered as a sex offender in 2002 after pleading guilty to statutory rape with a 13-year-old girl (he was 21). He served his time and probation, and then, in  2010, Packingham posted on Facebook to thank the Lord for a recently dismissed parking ticket, writing, “Man God is Good! How about I got so much favor they dismissed the ticket before court even started? . . . Praise be to GOD, WOW! Thanks JESUS!”

Jesus, however, did not stop him from being prosecuted for that message under a 2008 North Carolina law that prohibits registered sex offenders from accessing social media, on the theory that it gives them access to minors.

Packingham appealed the resulting conviction, arguing that the law violated his First Amendment rights. The Supreme Court accepted the case, which could  determine whether access to social media sites like Facebook, Youtube, and others are a fundamental right.

In oral argument this week, observers got the distinct impression that this is where the Court is headed. At least five justices, a majority of the temporarily reduced court, suggested during argument that they would rule against North Carolina and for Packingham , whose lawyer says that more than 1,000 people have been prosecuted under the law.

Reading various reports of what was said, I am stunned by how out of touch everyone involved sounds. The Washington Post story describes Justice Kagan like she’s a web-head because she’s “only” 59.  “So whether it’s political community, whether it’s religious community, I mean, these sites have become embedded in our culture as ways to communicate and ways to exercise our constitutional rights, haven’t they?” Kagan asked North Carolina Deputy Attorney General Robert C. Montgomery, who was defending the law.

Do we really have to ask that question today? The law was passed in 2008, which in technology and social media terms makes it archaic. Legislators can be forgiven for not understanding the central role of social media in American life nine years ago, but in 2017, when we have a President tweeting his every lucid thought (and many not so lucid), how can anyone defend the argument that blocking a citizen from social media isn’t an extreme government restriction on free speech? Laws related to technology should all have sunset provisions of a couple years (a couple months?) to ensure that they haven’t been rendered obsolete by the evolving societal use of and dependency on  the web, the internet, and new devices. Continue reading

Unethical Quote (And Tweet) Of The Month: Senator Kamala Harris (D-CA.)

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“It’s outrageous the administration is saying anyone who might have committed a crime qualifies for deportations.”

—-Sen. Kamala Harris (D-CA), on Twitter, in response to the recent Trump Administration immigration order.

I know it’s Twitter,  but Senator Harris had 41 unused characters left, so we have to assume that she means this. And if she means this, she is unqualified to be an elected official representing the American public. In fact, she’s a fool.

It is not and cannot be “outrageous” to say that any illegal immigrant, criminal or not, qualifies for deportation. To maintain otherwise is to say that the United States cannot enforce its immigration laws, and not only that, it is “outrageous” to enforce the laws. Is that the position of the Democratic Party? Clarification is essential here. Is it? If so, by what set of values and principles do Democrats make this argument? Does the “it’s outrageous to enforce the law” principle apply to other laws? Presumably it does, or the party has no integrity or legitimate governing philosophy at all.

Why is enforcing the immigration laws against—The Horror!–only the portion of the law-breakers who have no right to be here who have additionally become involved with the violation of other criminal laws so “outrageous”? Does the Senator have some rationale for that contention, or is she just grandstanding? That is, lying.

Or does she accept the reasoning of Jorge Ramos, the openly partisan, pro-illegal immigration Univision anchor, who said at a the network’s annual entertainment awards show (Aside: Why would anyone watch an awards show today, as they have devolved into political rant sessions from one narrow perspective, largely by smugly ignorant hyperpartisans who deserve a nationwide platform no than the average ranting activist holding a placard?), as he erased any distinction between legal and illegal immigration, Continue reading

Few Political Stories Make Me Angry. This One Makes Me Angry. And Frightened.

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In these three posts—Blame Everyone for Infrastructure Ruin: Unethical, Irresponsible Priorities from Reagan to Obama (2010); Ethics Heads-Up: When the President Talks About “Investment in Infrastructure,” Pay Attention (2011); Hole-in-the-Roof Ethics: If Obama Asks For Massive Infrastructure Renewal, the GOP Must Support It. (2011), I laid out the unanswerable case for making national infrastructure renewal a priority. Let me just quote from the three, to save me typing time…

In the early Eighties, I oversaw an independent study funded by the Highway Users Federation and the National Chamber Foundation called “Transport Tomorrow,” exploring the immediate need for transportation infrastructure repair and expansion in all modes of transportation: roads, railway, waterway, and airports. In the process of learning how dire the need for massive construction and repair was if America’s future commercial needs were to be met, the study commission made a disturbing discovery: urban water and sewer systems were crumbling too. There was literally not enough money to fix all the roads, bridges, tunnels, water mains and sewer pipes that had to be fixed, and the consequences of not doing so would be economic paralysis and worse, disease and even social unrest.In the face of this looming and undeniably real disaster, the Reagan Administration did—pretty much nothing. Neither did the Bush, Clinton and Bush II administrations…

Seldom is a solution to a problem so obvious, and so conducive to bi-partisanship. It is a solution to two problems, really: America’s dangerously rotting infrastructure, and the nation’s dismal unemployment rate. Spend the money, trillions if necessary, to repair and replace existing roads, railway beds, waterways, sewer systems, airports and bridges.  It still won’t get us where we need to be, but we’ll be much better off than if we let the current deterioration continue, and we’ll save money in the long run, too—real savings, not phony health care reform savings that evaporate once reality kicks in.

There is no justification not to do this, nor is there any legitimate excuse for any elected official not to vote for it. (And no, not wanting to give the President a victory is not legitimate…or ethical, or patriotic.) Repairing the infrastructure isn’t “discretionary spending,” it is essential, unavoidable and cost-effective spending, unless it is diverted into new boondoggles and pork. No new structures, unless they replace unrepairable old ones. No light rail systems or bullet trains; what is needed is basic maintenance and repair….everywhere. It is already late, but “better late than never” has seldom been as appropriate.Will fixing the infrastructure add to the deficit? Not really, because it already is an expense that we know will have to be made, or else. If the sewer systems and waterworks break down, we start dying. If bridges collapse, we die too. That isn’t even mentioning the increasing costs in energy and commerce caused by a decaying transportation system. The sooner we pay for it, the less it will cost, so sooner is per se better for the economy, and it is perfect timing given the employment crisis.

Yes, Obama better have a way to pay for it, with real budget cuts and reasonable taxes. If he plays politics with the proposal by making it impossible for the GOP to support (as some pundits, like the Post’s Eugene Robinson, have advised), shame on him. This has to be paid for, but it also has to be done…If Obama puts a fair, reasonable, relatively pork-free proposal on the table, Republicans would be despicably unethical to reject it.

As we now know, the Obama Administration proposed, and the GOP Congress opposed. This is a long-term bi-partisan failure, but it must be remembered that Obama had no credibility on this issue, and he never did propose a a way to pay for it “with real budget cuts and reasonable taxes.”

I was reminded of this issue when I read yesterday about how engineers have concluded that over 9% of the nation’s bridges are structurally deficient. Bridges are just part of the infrastructure disaster to come—just wait until the 200-year old sewer and water systems in some cities start breaking down, and we have Flint, Michigan times a thousand—but they are illustrative of our government’s failure. Continue reading

Two Unethical And Unconstitutional Laws On Guns, One From The Right, One From the Left, Bite The Dust. Good.

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I.

As last year’s flat-out demagoguery about banning gun ownership for citizens placed on the FBI’s no-fly list proved, Democrats will never let the Constitution get in the way of an emotion-based attack on gun rights. A rule  implemented by former President Obama after the 2012 Sandy Hook shooting (“WE HAVE TO DO SOMETHING!!!”) would have required the Social Security Administration to report the records of some mentally ill beneficiaries to the FBI’s National Instant Criminal Background Check System. Those who have been deemed mentally incapable of managing their financial affairs — roughly 75,000 people — would have then been prevented from owning guns.

The American Civil Liberties Union and advocates for the disabled opposed the restriction, which was so broadly drawn that an Asperger’s sufferer could have his Second amendment rights taken away. And what, exactly, is the link between not being able to handle one’s financial affairs and violence? Hell, I can barely handle my financial affairs.

By a 57-43 margin, the Republican-led Senate voted last week  to repeal the measure, and it now heads to the White House for President Trump’s signature.

Iowa Sen. Chuck Grassley, a leading Republican critic of the rule, said that it was filled with “vague characteristics that do not fit into the federal mentally defective standard” that could legally prohibit someone from buying or owning a gun. “If a specific individual is likely to be violent due to the nature of their mental illness, then the government should have to prove it,” Grassley said

Sen. Chris Murphy, a Democrat from Connecticut where the Sandy Hook massacre occurred, and thus obligated to grandstand regardless of the fact that he’s on shaky 2nd Amendment, 5th  Amendment and also Equal Protection  ground, declaimed on the Senate floor,

“The [Congressional Review Act] we have before us today will make it harder for the federal government to do what we have told them to do for decades, which is to put dangerous people and people who are seriously mentally ill on the list of people who are prohibited from buying a gun….If you can’t manage your own financial affairs, how can we expect that you’re going to be a responsible steward of a dangerous, lethal firearm?”

Well, I guess nobody in Congress should own a gun either, right, Senator? Continue reading

Incompetent Elected Official Of The Month: Louisiana State Senator Troy Brown

troy-brownYet another ridiculous example of bizarre people with bizarre values being elected to office, calling into question  the competence of the voting public. The populace at issue in this case is Napoleonville, Louisiana, who elected Democrat Troy Brown as a State Senator.

Brown has pleaded no contest in two separate domestic violence cases in recent months. He beat up his girl friend, and later bit his wife. He also doesn’t live in the district he represents, but the Senate was preparing to expel him based on the fact that he is a serial domestic abuser.

Brown does not understand this at all.

“I think my actions warranted a punishment. I think my punishment should be commensurate with what occurred,” Brown said adding that the expulsion proceedings were the equivalent of “an execution.” His argument is that the two episodes of violence against women were only charged as misdemeanors, not felonies, and the legislative body’s rules specify removal for a felony conviction, but do not define other conduct that is ground for expulsion, other than “conduct unbecoming a Senator.”

And really now, is punching your mistress of ten years and biting your wife “conduct unbecoming a Senator”? Come on. Be reasonable.

After admitting in court to punching his girl friend, Brown blamed blackouts he experienced when drinking alcohol, a malady which he said was  brought on by brain damage sustained in a past car accident.

Ah!

Well that’s OK then!

To paraphrase Dean Wormer in “Animal House”, “Drunk, violent and brain damaged is no way to be a State Senator, son.”

After Brown was arrested  last year for biting his wife and again pleaded no contest, he apologized  to his constituents for his behavior, announcing he had started taking anger management classes.

Ah! He’s angry, violent, drunk and brain damaged.

This guy has a grrrrrreat future in politics! Continue reading

When Ignorance, Unethical Character And Abuse of Power Converge: The Persecution Of Ann King and Susan Hines

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Anne King of Washington County, Georgia, was furious at her former husband and called him out on Facebook.

Susan Hines, a friend of King’s, responded..

“POS — give me an hour and check your mailbox. I’ll be GLAD to pick up the slack.”

Unfortunately, King’s crummy father of an ex-husband is also an ignorant jerk with a badge. He is Captain Corey King of the Washington County Sheriff’s Department, and used his power in this small town to have both Anne her supportive friend arrested and tossed in jail for absolutely protected free speech on social media. First the captain filed a police report with his colleague, Washington County Sheriff’s Investigator Trey Burgamy. Then Washington County magistrate Ralph O. Todd  issued a warrant requiring the two women to appear at a hearing.  Officer King was the only witness, and afterwards Magistrate Todd issued warrant  charging Anne King with criminal defamation:

“SUBJECT DID, WITHOUT A PRIVILEGE TO DO SO AND WITH INTENT TO DEFAME ANOTHER, COMMUNICATE FALSE MATTER WHICH TENDS TO EXPOSE ONE WHO IS ALIVE TO HATRED, CONTEMPT, OR RIDICULE, AND WHICH TENDS TO PROVOKE A BREACH OF THE PEACE, SPECIFICALLY, SUBJECT DID MAKE DEROGATORY AND DEGRADING COMMENTS DIRECTLY AT AND ABOUT COREY KING, FOR THE PURPOSE OF PROVIDING A BREACH OF THE PEACE.”

The Georgia law she was charged with was ruled unconstitutional decades ago, and is no longer on the books.

Details, details. Continue reading

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

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Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisisA failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Continue reading