Law & Law Enforcement

Update: The SECOND Trump Impeachment Ethics Train Wreck

/ Jack Marshall / 2 Comments

trainwreck

When we last looked in on the destructive, divisive, unconstitutional and unethical fiasco known here as the Trump Impeachment Ethics Train Wreck II, Senator Rand Paul had delivered an excoriating speech about the unconstitutional nature of it all, every Democratic Senator had voted to continue with a trial that is, as Paul stated, unconstitutional on its face, Democrats openly discussed passing a Bill of Attainder (which is what any action barring a single private citizen, Donald Trump, from running for office would be), the Chief Justice refused to sully his name by any involvement with such an embarrassment, and President Biden, while vowing out of one side of his mouth to be a unifying presence, lifted nary a finger to stop his party from engaging in a trial that was based on hate, vengeance, and the craven need to satisfy the worst of its supporters. Meanwhile, the mainstream news media refuses to inform the American public why the whole thing is bad partisan political theater and little else.

Now we have the following fun developments:

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Morning Ethics Warm-Up, 1/30/2021: Oh, The Usual…Race-Baiting, The Pandemic, Betrayals, Journalism

/ Jack Marshall / 9 Comments

SCOTUS Morning

Late reflections on this morning’s first post:

  • The story of how the only official to be referred for criminal prosecution as a result of the illegal Justice Department machinations to cripple the Trump administration was reported on page A20 of the New York Times front page this morning. Thirty stories were considered more important for Times readers to know about, including the discovery of  200-year-old fort built by indigenous Alaskans.
  • From the Times report: “The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.” This is deceptive: the purpose of the FISA warrant was to surveil the Trump campaign. meaning that the surveillance was illegal. Page was a means to an end, and the end being sought was redolent of the Nixon dirty tricks that spawned Watergate. The Times is burying the significance of what Clinesmith did. Similarly, the headline “Ex-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to Probation” is deliberately deceptive. The objective of the “collusion” claims were to sink the Trump Presidency, not to punish Russia.
  • A single day’s riot that breached the Capitol and had no tangible effects of the government at all is being routinely labelled an “insurrection,” while a two year effort to cripple a Presidential administration using false evidence and involving the Justice Department, the FBI and news media  is reported as an inconsequential legal matter.

1. Finding systemic racism where it wasn’t. Cicely Tyson died at the age of 96. Like Charlton Heston, the African-American actress became an icon by playing iconic roles. She had by any standards an acting career an actress should be proud of, and most performers would envy: she appeared in 29 films; at least 68 television series, mini-series and single episodes; and 15 productions on and off Broadway.  She  was honored with an Oscar, three Emmys, many Emmy nominations, a Screen Actors Guild Award and a Tony, and accomplished it all while being a non-beautiful woman in a profession that values beauty above all, mostly limiting her to character and historical roles.

Yet Times critic Wesley Morris, an African-American who  has a narrative to advance, writes in an appreciation, “Let’s face it: the great parts were always headed to someone whiter anyway… Consider the parts she could have played if the movies were fairer.” This is approximately equivalent to saying, “Imagine the parts Mickey Rooney could have played if the movies were fairer.” Tyson was unique and talented, and the movies were sufficiently fair for her to play major roles in major projects throughout a long career. There are undoubtedly African American actresses who consider it unfair that when a black female character was being cast in a hsitorical film, Tyson was ha the right of first refusal.

Might she have been cast in “The Jagged Edge” in place of Glenn Close? Sure—so could Faye Dunaway. Or Ellen Burstyn. The difference is that those actresses can’t use racism as the reason they weren’t cast.

In addition to her stellar career and reputation, Tyson died with an estate worth at least 10 million dollars. Hollywood has been racially biased for decades, but Cicely Tyson shouldn’t be cited as a victim. Like so many of the individuals she played, she rose above racism by strength of character and ability. Continue reading →

Once Again, Unethical Sentencing Using “He’s Suffered Enough”: That’s Not The Message That Needed To Be Sent

/ Jack Marshall / 11 Comments

Collusion2

In August, former FBI lawyer Kevin Clinesmith pleaded guilty in federal court to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation of the of the irregularities surrounding law enforcement actions regarding allegations of”collusion” between Russia and the 2016 Trump campaign, a manufactured charge used to delegitimize and undermine the Trump Presidency. Clinesmith’s guilty plea was to “one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.”

Clinesmith admitted that in June 2017, he had sent a deliberately altered email to an FBI agent falsely indicating that Carter Page, a former Trump campaign adviser, was “not a source” for the Central Intelligence Agency. The email was used by the FBI to apply for a third extension of a FISA warrant justifying surveillance on Page. Paige had, in fact, been a source for the CIA. Clinesmith’s defense was that he had mistakenly thought the altered assertion in the email was correct, and he only altered it to save himself the trouble of getting a another email from the CIA.

If this doesn’t remind you of Dan Rather’s rationalization for using a forged document to accuse President George Bush of going AWOL while he was in the National Guard, it should. But Rather was just a journalist, albeit a one who carried the public trust. What he did was unethical, but what Clinesmith did was unethical and illegal. He knowingly manufactured evidence offered by the U.S. government to violate the Fourth Amendment Rights of a citizen, knowing that the warrant being sought would be used to spy on the Presidential campaign of the party opposing that of the sitting President, Barack Obama. The Trump Presidency was permanently sabotaged from its very start as a result of Clinesmith’s actions along with others in the Justice Department and FBI. Although the Mueller report found no evidence that any American anywhere, not just in the Trump campaign, coordinated with Russians to affect the 2016 election, the lie that Clinesmith facilitated constituted a deliberate effort by law enforcement officials to subvert a Presidential campaign and a President.

Yeasterday, Clinesmith was sentenced. U.S. District Judge for the District of Columbia James Boasberg, an Obama appointee, delivered the proverbial “slap on the wrist.” He sentenced him to 12 months probation and 400 hours of community service. He will serve no jail time.

My son, 18 at the time of his offense, was given five years probation and spent six months in jail for a traffic violation, just to provide some basis for comparison.

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Ethics Quote Of The Week: Christopher Bedford

/ Jack Marshall / 28 Comments

nationalguard

“None of this matters to the leaders in Washington: Not walling themselves from the public they serve, nor spreading even more fear and distrust among their supporters than already existed. What matters is that the Democrats and the troops be seen as the only things standing between America and a Ku Klux MAGA apocalypse.”

Christopher Bedford, National Review editor, in his essay, The Occupation Of Washington Is Pure Panic Porn — And You Are The Target

I don’t usually like to devote an Ethics Alarms post to quoting another writer’s work, but Mr. Bedford has expressed what I would have so perfectly that I’ll make an exception. Please go to the National Review and read the whole thing, but note these points:

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Ethics Dunces: The 55 U.S. Senators Who Voted That It Is Constitutional For The Senate To Impeach A Private Citizen

/ Jack Marshall / 51 Comments

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Sen. Rand Paul (R-Ky) offered the obvious and obligatory point of order resolution that a Senate trial of a private citizen, that being former President Trump, is unconstitutional, which it unquestionably is. The resolution failed 55-45, with every Democrat voting for the measure along with five NeverTrump Republicans: Mitt Romney of Utah, Lisa Murkowski of Alaska, Susan Collins of Maine, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania.

This means that 55 U.S. Senators, all of whom took an oath to defend and protect the Constitution, have stated on the record that they will do no such thing. Yet their votes do not decide what is constitutional. The Constitution decides. Consider: not a single Democratic Senator had the integrity, independence and courage to declare that what the Constitution says is what the Constitution says, and that the U.S. Senate should not, indeed must not, ignore it to satisfy obsessive Democratic spite. Not one.

That’s one helluva party you got there, Joe.

In addition to that,

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History And Ethics #1: The Mad Butcher And Eliot Ness

/ Jack Marshall / 3 Comments

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Today in 1936, the dismembered body of Florence Polillo was found in a basket and several burlap sacks in Cleveland. She was the third victim in 18 months to be found dismembered with suspicious skill. The murderer was dubbed the “Mad Butcher,” and by the summer of 1938, the body count had reached double digits, and the body parts much higher. The Cleveland policee, desperate to find the Mad Butcher (also known as “the Torso , persecuted an actual butcher named Frank Dolezal, who was interrogated for 40 straight hours until he confessed to killing Polillo. It was a coerced confession, however, and he changed his story many times before committing suicide in his cell.

Then and today, nobody really believes poor Dolezal was really the Mad Butcher. His role was as an instrument of a cover-up. The real story is one of deception, privilege, and a conflict of interest involving an iconic law-enforcement figure, Elliot Ness.

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“The Terrible, Horrible, No Good, Very Bad Impeachment” Becomes An Ethics Fiasco: Ten Observations

/ Jack Marshall / 31 Comments

johnson-impeachment

In this post, “Nancy And The Terrible, Horrible, No Good, Very Bad Impeachment “—could it really have just been 12 days ago?—I wrote in part,

Nancy Pelosi came right out and said that her objective in impeaching Trump this time was to stop him from running again. That’s not what the Founders designed impeachment for. She’s admitting that this Congress and her party regard impeachment as just one more political stunt, like ripping up the State of the Union message, boycotting the inauguration, or nominating Kamala Harris. Worse, unless the Senate agrees to rush through a trial the way Pelosi rushed through the impeachment, Trump will already be out of office and a private citizen before he can be convicted—which he wouldn’t be anyway. The Constitution speaks of impeachment and the Senate trial as a means of removing a President, not as a device to say “I hate you! Ooooh, I hate you to pieces!” to an ex-President.

Thus it’s a joke. The first impeachment was a dud. Trump hasn’t been embarrassed, but Congress and the news media have been embarrassed and exposed as fools.

Not that they hadn’t been exposed as fools already.

But “Wait!”—as they say on infomercials–“There’s more!” And it only gets worse:

1. Since the impeachment vote in the House, further investigation of the attack on the Capitol and its time-line has shown that many of the participants had planned to storm the building in advance, in fact had begun preparations before the President addressed the protesters, and had begun to take action while the President was speaking on January 6. Thus the House’s impeachment theory that the President had incited a riot by providing a lit match to an obvious powder-keg is unsustainable n the facts: the powder had already been lit. Nor do the facts support the argument that the President intended to spark a riot, since the words of his speech never suggested violence or alluded to it.

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Incompetent Jealous Spouse Of The Millennium: “Leonora N”

/ Jack Marshall / 9 Comments

Never mind

This story is so, so stupid–but funny!— that I had to devote a whole post to it.

Mexican police report that a woman whose full name has been withheld out of kindness (I suppose) and known only as “Leonora N” was snooping around in her husband’s cell phone and found several photos of him being suspiciously affectionate with a younger, slimmer, more attractive woman. Outraged, the scorned wife attacked her husband with a knife as soon as he walked in the door, stabbing him repeatedly until he managed to get the knife away from her. Police responded to neighbors reporting screams and an altercation, and Leonora was taken into custody.

It turns out that the photos were of her husband with her, when Leonora N was younger, slimmer, and I assume—I hope— a lot smarter.

Wow.

What a moron.

Now, I know what you’re thinking. Nobody allowed to move around without a leash is this stupid. I’d be inclined to agree, but the police seem to buy the story, which both the husband and wife vouch for, and there is always this: never underestimate the awesome power of stupidity when it collides with blind emotion.

Sunday Ethics Irony, 1/24/2021: Now Remember, It’s The Trump Voters Who Are Deplorable

/ Jack Marshall / 24 Comments

In “Utopia,” the strange and violent Amazon series about a mysterious graphic novel that turns out to be both true and a coded guide to an upcoming pandemic, the diversity propaganda is so heavy-handed that it could knock out Godzilla with a left cross. Let’s see: all the good couples are mixed race. A middle -class black woman takes in troubled white children. A white husband and wife have a family including multiple black and Asian children, which you would think violates the good couples are mixed-race rule, but it’s a trick: that white couple is villainous, and their white children are too, tough the minority kids seem to be OK. A group of assassins appears to include only whites, and the main heroine is black, though her character in the graphic novel that everyone is chasing after is white. Her female mentor is white, but she is so covered in grime that she looks black. (Why isn’t that blackface?)

At what point does this become so forced and absurd that audiences object to it? None of the race obsession adds a thing to the story except weirdness, and trust me, “Utopia” needs no more of THAT.

1. Welcome to my world! Here is a submitted comment to this post: the proud idiot “RidenwithBiden” (Oooh, clever!) writes, “My God, an entire website dedicated the the sanctimonious and bottomless brainwashed hypocrisy of traitorous right wing nut jobs.”

2. Here are some Biden voters I have no sympathy with whatsoever…President Biden signed an executive order that will require institutions receiving Title IX funding to allow biological males who identify as female to compete in women’s athletic events. This should effectively kill women’s sports while making a joke out of “competition.” Women voted overwhelmingly for Joe Biden, a serial sexual harasser who was accused of rape on the record by a staffer, and he was clearly going to do this. Now feminists and women’s sports advocates are whining?

Bailey tweet

What betrayal? Sorry that you weren’t paying attention, but it was always obvious that the most extreme end of the LGBTQ lobby was pulling Joe’s strings. The one who betrayed female athletes were feminist voters. Own it, ladies.

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End Of Day Ethics Sighs 1/21/2021: Here’s Kamala! Here’s Batwoman! Here’s Your Newsmedia! And “Heeeere’s Johnny!”

/ Jack Marshall / 15 Comments

sigh

A very good friend who is married to another very good friend posted yesterday that Kamala Harris’s swearing in as Vice-President moved him to tears, and the Facebook post instantly harvested about a hundred “likes” and “loves.” As God is my witness, as Scarlett used to say, I had to fight to restrain my self from writing on his page (since there is no “What the FUCK is the matter with you?” icon to click on), “Why, because she’s a woman with no qualifications to be President or Vice-President? Because she’s the first Indian-Jamaican VP, and you’ve always wanted one of those? Because she’s just the right skin-shade to pretend to be an African-American, when she’s not? Does it choke you up because she slept her way to political power, then locked up a lot of black men for drug crimes, then accused the U.S. of being racist because of “over-incarceration”? Or does any Democrat, even phonies and rank incompetents, getting power make you feel all misty inside and out? Really, I’m curious.”

Well, he’s a nice, good-hearted guy who has the political sophistication of a cheese, so I just shut up. However, his reaction is just incomprehensible to me.

1. Oh, look, now there’s black Batwoman. Yay. Isn’t this a little cliched and formulaic by now? Will every fictional character eventually have to be made black or have his or her race switched, and every male character get virtual transexual transitioning, to satisfy the Woke and Wonderful? Mikey (who liked Life cereal), is now a girl. Jake from State Farm is now black. Perry Mason’s Paul Drake in the new reboot is black. Inspection Lestrade, Sherlock Holmes’ ally, is black on the Netflix Holmes spin-off. (Watson became female in the TV show “Elementary.” And Asian!) A really bad movie made Ralph Kramden from “The Honeymooners” black; Norton too. On Broadway, when there was a Broadway, Alexander Hamilton and Aaron Burr were black, and they aren’t even fictional. Of course.The whole Ghostbusters team was turned female for the reboot (but still had only one black member). There is much, much more. Isn’t this lazy? Isn’t this boring? Don’t women, blacks and other minorities want to have their own popular and iconic characters rather than just taking over white or male ones? Why isn’t such fake “diversity” an insult? Aren’t hand-me-down characters like hand-me-down clothes?

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