Ethics Quote Of The Month (Yes, It’s More Impeachment Analysis, And I’m Sick Of It Too, But This Is Important): Professor Jonathan Turley

Shredding-the-Constitution

..Even with acquittal all but ensured, there was no room for constitutional niceties like free speech or due process. There was only one issue — the same one that has driven our media and politics for four years: Trump. Through that time, some of us have objected that extreme legal interpretations and biased coverage destroy our legal and journalistic values.

—-George Washington University Law School professor Jonathan Turley, constitutional law expert, on the conduct of the Democrats before and during the just-completed second Trump impeachment trial.

This statement, as well as the rest of his article for The Hill yesterday, was not only astute (though Turley’s observations should have been obvious) but personally welcome, in part because it tracked exactly with what I have been writing here for four years, but  in no small part because I was almost finished with a post making the same points. For Turley to make them is, of course, better, since a lot more people, though not nearly enough, pay attention to what he says. It was especially welcome because not one but two friends (among others) had made fatuous and indefensible assertions about the impeachment in the past two days, inspiring me to start that now redundant post.

My theme was going to be about how their now completely unhinged, Ahab-like mania to destroy the former President had led them to deny the importance of what once were accepted by liberals and conservatives alike—but especially liberals before their rebranding as “progressives”—as crucial, indispensable, core American values relating to personal liberty and government interference with it. The rationalizations employed in this scary process are stunning.

Prime among them as been 2020’s rationalization of the year: “It isn’t what it is,” #64. As I noted in the previous post, a Facebook friend (whom I strongly suspect was one of the self-exiled progressive Ethics Alarms commenters) wrote on the platform to the usual acclaim of  “likes” and “loves” that the 57 Senators who voted for this corrupt impeachment were voting “for democracy.” They were in fact doing the opposite, and in many ways, as Turley’s article explains (though again, it should be obvious.) Then, in a discussion with a more rational friend, another lawyer, about how the House impeachment had deliberately bypassed due process, I was told that there is no right of due process in an impeachment proceeding, nor should the prohibition of ex post facto laws and bills of attainder apply. Here was a lawyer making technical arguments against ethics. “Legally, due process only applies to life, liberty, and property,” she lectured. “A job is none of those.”

I could rebut that, but the point is that both the Declaration and the Constitution mark out basic values of our society, not just laws, but ethical values. “Due process” means fairness, and this lawyer, an alleged progressive, was arguing that the government doesn’t have to be fair while depriving the public of an elected official and that elected official of his job, and that individual of his ability to seek that job or another one. This is what hate and arrogance have done to the Left.

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Journalism Ethics/Legal Ethics/Government Ethics Rot: The Democrats And Journalists Tried To Convict Donald Trump With Fake News

U.S. Capitol Police officer Brian D. Sicknick lies in honor, in Washington

Gee, does this bother anyone out there who hates Donald Trump or who voted for Joe Biden?

If your answer is no, I’m disgusted with you. You’re beyond help, hope, or rehabilitation.

The farce of a Senate trial the nation just endured was predicated on emotion rather than law, logic, fact, language or evidence. Prime among the emotions weaponized was hatred of former President Trump (in the trial: hatred of then-President Trump was all the Democratic House needed for its evidence-free, investigation-free “snap impeachment” (credit: Prof Turley.) At the trial, House managers alluded to Capitol Police officer Brian Sicknick being “killed’ in the riot, the intended implication being that President Trump was responsible for his death. Nancy Pelosi made certain that Sicknick’s body lay in the Capitol Rotunda, one of only five civilians so honored. All the better to show the nation that the President had blood on his hands. right, Nancy? The AP wrote on February 2,

Slain U.S. Capitol Police Officer Brian Sicknick lay in honor in the building he died defending, allowing colleagues and the lawmakers he protected to pay their respects and to remember the violent attack on Congress that took his life.

That’s false on its face, but it is the mythology the public and the Senators were fed in the weeks and days following the House impeachment. Here’s CBS: “‘Hero’: Lawmakers honor officer killed in US Capitol riot.”

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One Acquittal, Three Quotes, Four Reactions

Trump acquitted

Former President Trump was acquitted in the second impeachment trial stemming from the Democrats’ relentless effort to remove him from office after his shocking election in 2016. In both efforts, the two-thirds super-majority necessary to convict was always impossible, because unlike previous impeachment efforts, these involved no crimes, and were not bi-partisan . They were exercises in pure partisan warfare, despite the contrary intent of the Founders and the flood of exaggerated rhetoric from Trump’s enemies who had presumed he needed to be impeached from the moment he was elected.

The sudden vote yesterday came as a surprise, as the Senate had just voted to allow witnesses in the “trial,” and that would have extended the fiasco considerably. I assume, without knowing, that the Democratic leadership finally figured out that its plot wasn’t working, and that it was time for the party to cut its losses. They might still be considerable. I hope they are considerable. This has wounded the nation badly, and the party that has blathered on about accountability needs some, and hard.

Republican Senators Richard Burr of North Carolina, Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Patrick Toomey of Pennsylvania voted guilty along with every Democrat. Interestingly, only two of the seven have a law degree, which may partially explain why they think a guilty verdict is defensible (it’s not.) The two lawyers, Romney and Murkowski, are barely Republicans and have been consistently anti-Trump. The fact that not a single Democrat had the integrity to buck the party’s mandate and oppose such a damaging precedent and such a dubious impeachment tells us all we need to know about the state of the current Democratic Party.

Now, three quotes following the vote:

Quote #1: From law professor and blogger Glenn Reynolds:

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Comment Of The Day: “Ethical Quote Of The Month: Bret Stephens’ Critical Column About New York Times Cowardice And Hypocrisy That The Times Tried To Censor”

what-is-strict-liability

Comment of the Day auteur Glenn Logan (one of many at EA) has helpful thoughts about the intertwined issue of speech control/ racial epithets/ intent and political correctness. I’m behind on COTDs again, but jumped Glenn’s ahead in line because the blog has been active on related topics today.

Here is Glenn Logan’s Comment of the Day on Bret Stephens’ discarded op-ed and the post, “Ethical Quote Of The Month: Bret Stephens’ Critical Column About New York Times Cowardice And Hypocrisy That The Times Tried To Censor’:

This is an excellent inquiry into the current state of political culture. The left has discovered one of the things it has historically eschewed — the concept of strict liability, and the power it brings them to redefine the English language in America, and by extension, the political environment. For years, liberals have found crimes which didn’t consider intent offensive, and for good reason. Alas, it seems that is no longer the case.

At the risk of being pedantic, strict liability — for those who may not be aware — is a type of crime or regulatory violation where intent does not matter. The quintessential strict liability crime example is statutory rape, where violation of the statute requires no general or specific intent. Regardless of whether the violator knew, had reason to know, or intended to have sexual relations with a minor person, the fact he/she/xe/them did is all that matters.The word “nigger” has now become, in the world of the Left, a strict liability offense when uttered in any form and for any reason. More and more, this is also becoming true of descriptive constructions like “n-word, ” “n*****,” “n—–,” or “n_____.”

The recent incident with the Times shows just how successful this effort has become, and is sure to become a model for other words considered to be offensive at some fundamental level. There is no reason to believe the proponents of this new morality will be circumspect in this expansion, either.Using the power of the mob, the Left has found that they can circumvent the First Amendment by ginning up social outrage and placing pressure on companies to do what the law cannot — punish speech.

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Enforced Ideological Conformity: The Unethical Firing Of Gina Carano

Gina

Gina Carano, the actress who plays Cara Dune on Disney+’s “The Mandalorian,” was fired by Lucasfilm. I saw the note yesterday, and the company’s explanation which was that Carano’s

“…social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

From this I presumed that the actress had posted something that was racist or otherwise bigoted and hateful—constitutional speech, but not a public opinion that an organization dependent on widespread public favor is obligated to tolerate from its employees. Then today, I saw what she wrote, which was,

“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different than hating someone for their political views?”

She did not denigrate anyone based on their cultural and religious identities. LucasFilm’s statement is a lie, and indeed is very close to defamation. Carano should sue. Meanwhile, Pedro Pascal, who plays the Mandalorian in the same series, tweeted out this idiocy in 2018:

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A Line That Will Echo Through The Annals Of Legal Ethics And Technological Incompetence: “I’m Not A Cat”

Lawyer cat

I apologize for missing this wonderful story from last week.

In a civil forfeiture case hearing held via Zoom in Texas’ 394th Judicial District Court, Rod Ponton, a county attorney in Presidio County, Texas, couldn’t figure out how to turn off a filter he had somehow turned on. That filter made him appear to be a talking kitten.

“Mr. Ponton, I believe you have a filter turned on in the video settings,” Judge Roy Ferguson, presiding over the case, says with admirable restraint. “Augggh,” says. Ponton. “Can you hear me, Judge? I don’t know how to remove it. I’ve got my assistant here and she’s trying to.”

Then he adds, “I’m prepared to go forward with it. I’m here live” and “I’m not a cat.” “I can see that, ”Judge Ferguson replies.

Here’s the video:

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Warning Label: “Lawyers Who Take This Case Risk Being Mocked And Ridiculed For The Rest Of Their Lives, As Well As Being Investigated By Their Bar Associations” [Corrected]

In Louisiana, African-American Tessica Brown ran out of her usual hair spray styling product last month, so she thought and thought about what to use instead (I’m just speculating here). Tapioca? Laundry detergent pods? Kerosene? Battery acid? The ashes of her beloved cat? No, no, none of that seemed right. “Eureka!” Tessica suddenly exclaimed. Of course! It’s obvious! Gorilla Glue adhesive spray!”

And so she did.

Guess what happened. Yes, yes, I know it’s hard, but just for fun. Guess.

As she revealed in a now viral video she posted on social media, the glue stuck to her hair and scalp! Who could have predicted that! A local hospital tried to remove the clue using acetatee, but that just burned her scalp.

On Wednesday, Tessica went to Los Angeles to meet with Dr. Michael Obeng, a plastic surgeon, who has offered his services for free because it will great marketing for all of the other women disfigured from putting Gorilla Glue on their hair. I’m sure there must be..well, there might be another one. Maybe.

Since the video is being viewed by so many, the makers of Gorilla Glue felt it was prudent to put out this statement:

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Self-Checkout Ethics

Self-Checkout-Loss

I am embarrassed to admit that this issue never occurred to me begore a friend sent me an article about it. Or maybe I should be proud.

Voucher Codes Pro is a company that offers coupons to internet shoppers. It surveyed 2,634 people, and almost 20% said they had cheated while using a grocery store self-checkout. Over half of the cheaters said they took advantage of the system because they realized being apprehended was unlikely. A 2015 study of self-checkouts with handheld scanners conducted at the University of Leicester audited a million self-checkout transactions over a year’s time.Out of $21 million in sales, goods worth nearly $850,000 left stores without being scanned and paid for.

How does this happen? There are several techniques:

  • Ringing up a T-bone ($13.99/lb) with a code for a cheap ($0.49/lb) variety of produce is known as “the banana trick.”
  • When a pricey item leaves the conveyor belt without being scanned, it’s “the pass around.”
  • Then there is “the switcheroo,” where you peel the sticker off something inexpensive and place it over the bar code of something pricey. You do have to make certain that the two items are about the same weight to avoid triggering the “unexpected item” alert on some machines.

“Anyone who pays for more than half of their stuff in self checkout is a total moron,” reads a comment in a Reddit discussion on the subject. Another one says, “There is NO MORAL ISSUE with stealing from a store that forces you to use self checkout, period. THEY ARE CHARGING YOU TO WORK AT THEIR STORE.”

I guess this would apply to gas stations too.

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The Unethical And Divisive Nomination Of Kristen Clarke [Updated]

Biden tweet4

Well so much for THAT pledge.

Seeking to avoid the politics of division and the to restore respect for the rule of law, President Biden (or someone pulling his strings) has, ironically, nominated Kristen Clarke to head the Justice Department’s Civil Rights Division. In January, with this post, Ethics Alarms urged fairness after a letter surfaced from Clarke’s college days espousing anti-white racist attitudes:

….that letter to the Crimson from 27 years ago should not, by itself, disqualify Clarke for national service. Students say and write a lot of foolish stuff in college; that’s part of what it is for. Student presidents of niche campus groups like BALSA are expected to say extreme things….However, that letter is pure black supremacy, and thus racist. In the hearings on her fitness to lead the Civil Rights division, which requires no bias for or against any race, she must be asked about the letter and, under oath, rebuke its assertions to the satisfaction of all.

Now we know, however. That letter was not just young, raw, still-learning Kristen Clarke. That is Kristen Clarke. The career NAACP lawyer has a history of opposing civil rights prosecutions of black defendants. She criticized the Justice Department for bringing a complaint against an African-American party boss in Mississippi who worked to suppress white votes.

A federal judge found that political boss Ike Brown violated the Voting Rights Act by suppressing white votes in a rural Mississippi county where whites are the minority, directing election workers to count deficient absentee ballots from blacks but disqualify ballots from whites. Brown also was shown to have held biased and manipulated caucuses in the homes of friends and supporters.

According to 2010 testimony from Justice Department official Christopher Coates before the U.S. Civil Rights Commission, Clarke “spent a considerable amount of time criticizing the [civil rights] division and the voting section for bringing the Brown case.” He described Clarke as a civil rights litigator who believes “incorrectly but vehemently that enforcement of the protections of the Voting Rights Act should not be extended to white voters but should be extended only to protecting racial, ethnic, and language minorities.” Like, for example, her.

President Biden nominating such a racially biased individual to lead a civil rights division that must serve all Americans is an audacious and defiant example of doing the opposite of what one claims to be. It is a good time to recall this tweet:

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Monday Ethics Overture, 2/8/21: I’m Crankier Than Usual Today

I was going to post a poll asking how many readers had watched the “Concussion Bowl.” Last night, right after the game commenced, I went to the local Harris Teeter was one of three customers in the whole store. I’m pretty sure everyone else wasn’t reading Ethics Alarms. I’m curious how many have the requisite integrity and cultural responsibility to reject the showcase of the NFL and its corporate enablers in light of pro football’s continuing profit from inducing brain damage and its nauseating pandering to Black Lives Matter.

But I couldn’t post the poll. Once again, WordPress had changed the ground rules. Now I was informed that I had exceeded my quota of “signals” in the previous polls posted here, and would have to pay a monthly fee to add any more. I had to explain to a nice WordPress agent I “chatted” with online what a “bait and switch” was. “Polls” used to be right on my “dashboard” like every other WordPress feature. No limits were mentioned, until today, when I was told, in essence, “Glad you like our polls, now you have to pay to keep using them.”

It’s not a lot of money, but the nickels and dimes add up. I wrote WordPress explaining that their conduct was unethical, and got an admission that “we should have been clearer.” That’s what all con artists and swindlers say.

1. If starting your day off with a head explosion is your thing, read this LA Times Op-Ed. I won’t comment on it because once I start, I might never stop. Just discussing the Orwellian use of the term “responsible” might take 5000 words. This is why I barely interact with anyone on Facebook now. When someone speaks like this deranged fool, and many do, revealing a distorted view of reality the equivalent of doing LSD in Oz and a comprehension of the Constitution on par with AOC’s, arguing with them is like debating Caligula or a toddler. Sure, it’s a breeze winning on points, but where does it get you?

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