Law & Law Enforcement

The Big Lies Of The “Resistance”: A Directory, Updated (11/29/2023)

/ Jack Marshall / 9 Comments

Introduction

The “Big Lie” strategy of public opinion manipulation, most infamously championed by Adolf Hitler and his propaganda master Joseph Goebbels, has, in sinister fashion, become a routine and ubiquitous component of the Left’s efforts to remove President Donald J. Trump from office without having to defeat him at the polls, and subsequently after his defeat, to attempt to prevent him from defeating a hopelessly inept failed successor. One of the most publicized Big Lies, that Trump had “colluded” with the Russian government to “steal” the Presidential election from Hillary Clinton was eventually exposed as such by the results of the Mueller investigation, the discrediting of the Steele Dossier, and the revelation that Democrats (like Adam Schiff) and the mainstream news media deliberately misled the public. and Democrats, with blazing speed, replaced it with another Big Lie that there was a “Constitutional crisis.” I could have added that one to the list, I suppose, but the list of Big Lies is dauntingly long already, and this one is really just a hybrid of the Big Lies below.

Becoming addicted to relying on Big Lies as a political strategy is not the sign of ethical political parties, movements, or ideologies. Perhaps there is a useful distinction between Big Lies and “false narratives,” but I can’t define one. Both are intentional falsehoods designed to frame events in a confounding and deceptive manner, so public policy debates either begin with them as assumptions, thus warping the discussion, or they result in permanent bias, distrust and suspicion of the lie/narrative’s target. For simplicity’s sake, because I believe it is fair to do so, and also because “Big Lie” more accurately reflects just how unethical the tactic is, that is the term I will use.

Big Lie #1. “Trump is just a reality TV star.”

This is #1 because it began at the very start of Trump’s candidacy. It’s pure deceit: technically accurate in part but completely misleading. Ronald Reagan was subjected to a similar Big Lie when Democrats strategically tried to denigrate his legitimacy by  referring to him as just an actor, conveniently ignoring the fact that he had served as Governor of the largest state in the nation for eight years, and had split his time between acting and politics for many years before that, gradually becoming more involved in politics and public policy. (Reagan once expressed faux puzzlement about the denigration of his acting background, saying that he thought acting was an invaluable skill in politics. He was right, of course.)

In Trump’s case, the disinformation was even more misleading, He was a successful international businessman and entrepreneur in real estate, hotels and casinos, and it was that experience, not his successful, late career foray into “The Apprentice” (as a branding exercise, and a brilliant one), that was the basis of his claim to the Presidency.

The “reality star” smear still appears in attack pieces, even though it makes even less sense for a man who has been President for four years. The tactic is ethically indefensible . It is not only dishonest, intentionally distorting the President’s legitimate executive experience and success,  expertise and credentials, it is also an ad hominem attack. Reality TV primarily consists of modern freak shows allowing viewers to look down on assorted lower class drunks, vulgarians, has-been, exhibitionists,  idiots and freaks. Class bigotry has always been a core part of the NeverTrump cabal, with elitist snobs like Bill Kristol, Mitt Romney, the Bushes, and George Will revealing that they would rather capitulate to the Leftist ideology they have spent their professional lives opposing (well, not Mitt in all cases) than accept being on the same team as a common vulgarian like Donald Trump.

With all of this, the final irony is that “The Apprentice” wasn’t even a true reality show.  It was an elimination  contest, with Donald Trump as the arbiter.

This earliest of the Big Lies backfired on its creators.  Trump’s adversaries began to believe it themselves, causing them to underestimate their adversary.  They realized, too late, that they weren’t running against poor Anna Nicole Smith, Kim Kardashian, or Scott Baio, but a tough, ruthless, confident street fighter with some impressive leadership and public speaking skills.

It is a mark of how flat the learning curve of the President’s adversaries is that they still think calling him a “reality TV star” shows anything but their own dishonesty and ignorance. Continue reading →

The Topless Stepmother Conundrum: When Ethics Work Better Than Laws

/ Jack Marshall / 14 Comments

MOM?!

A lawyer for Utah’s chapter of the ACLU asked Utah Judge Kara Pettit to rule that the state’s lewdness law violates the Constitution by treating women differently than men and thus violating the Equal Protection Clause. The  statute makes it a crime to expose “the female breast below the top of the areola” in the presence of a child in a private place “under circumstances the person should know will likely cause affront or alarm.”

Tilli Buchanan, 27, faces imprisonment, fines and the requirement to register as a sex offender for 10 years if convicted of violating the law, which she certainly did. Buchanan and her husband had been installing drywall in the garage, and they had taken off their shirts that had become scratchy from the fibers, she told reporters.  When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,” her lawyers wrote in court documents. Here’s Tilli…

Just kidding.

Lawyer Leah Farrell of the ACLU says the law requires women to do a “mental calculation” about whether going topless would cause alarm. But men can go shirtless without violating the law and without making that calculation. “That really sets up an unequal and unfair dichotomy,” Farrell says.

Prosecutors say that Buchanan stripped in front of the children and  was under the influence of alcohol at the time. They also claim she said she would put her shirt back on if her husband showed her his penis.

Ick. Continue reading →

#MeToo Ethics: No, Complimenting Someone’s Appearance Isn’t Sexual Harrassment

/ Jack Marshall / 11 Comments

(Though it can be.)

The Economist surveyed five different countries, asking respondents what kind of  conduct they viewed as sexual harassment.

Some examples (such as requesting a sexual favor) were obviously inappropriate, and were classified as such across all countries. Asked if a compliment on a woman’s appearance  could be classified as sexual harassment,  U.S. were a different matter. roughly a third of those under 30 in the U.S. answered, “Yes.”

Here’s the survey….

Thus we see how #MeToo propaganda has succeeded in convincing a large proportion of Americans that the simple act of engaging in the long-standing, traditional  social balm of being nice should be avoided and even punished. For them, an innocent compliment must be regarded with suspicion. Since whether an arguable sexually inspired comment  makes the recipient “uncomfortable” and is therefore “unwelcome” is the necessary predicate to a sexual harassment complaint and law suit. Continue reading →

Not Protesters, Just A Mob

/ Jack Marshall / 14 Comments

Giving a mob the dignity and legitimacy of referring to them as “protesters” just encourages them. A prime example occurred two days ago in New Haven, at the traditional Harvard-Yale game, the culmination of the Ivy League college football season. Personally, I wouldn’t have crossed the street to attend the 136th edition of “The Game,” though I witnessed the most famous of the them all, 1968’s 29-29 tie. Nonetheless, what a bunch of climate-addled demonstrators inflicted on a large group of students and alumni just trying to have a good time enjoying football, traditions, nostalgia and camaraderie  should not be romanticized. The “protesters” are arrogant, disrespectful and anti-democratic jerks. Boola-Boola.

A large mob of Yale Bowl spectators rushed the field at halftime, demanding that Harvard and Yale divest themselves of investments in fossil fuel and energy companies, delaying the start of the second half by nearly an hour, and causing the game to finish in near-darkness. Students from both schools, who didn’t care who they hurt or inconvenienced, rushed to midfield as soon the Yale band finished performing. ( At least they could have done it while the Yale band was performing…)The contest resumed after the Yale police issued 42 summonses for disorderly conduct. But the wasted hour threatened game’s finish:  the Yale Bowl lacks stadium lights, and the game went to double overtime. Yale won just before it became too dark to play.

The Ivy League referred to the protest as “regrettable.” and Yale said that while it “stands firmly for the right to free expression,” it added that “the exercise of free expression on campus is subject to general conditions, and we do not allow disruption of university events.”

So will Yale suspend or expel any of the mob? Of course not.

Protesters that set out to get attention by disrupting the lives of law-abiding citizens engaged in innocent activities are low-level terrorists. They aim to bypass democracy by creating implicit threats, hoping that their adversaries will surrender to just shut them up and avoid the annoyance. Continue reading →

Morning Ethics Warm-Up In Vegas, Afternoon Warm-Up In Alexandria, 11/22/2019

/ Jack Marshall / 6 Comments

Walter Cronkite, Nov. 22, 1963, relaying the shocking news that changed…everything.

Good whatever it is where you are!

1. President Kennedy was assassinated on this date in 1963. He had been President exactly as long as Donald Trump has, and by most measures, President Trump has accomplished more,despite the fact that JFK really did have “the best people.” You might have to go back to George Washington to find a more qualified Cabinet.  By this point in his term, JFK, we now know, had already committed impeachable “high crimes and misdemeanors” notably through his reckless sexual escapades with an Israeli spy and a mob moll, allowing J. Edgar Hoover (speaking of Deep State villains) to blackmail his administration, and perhaps others. Yet the vast majority of the public regards Kennedy as a great President, which shows what a pretty face, an inspiring speaking style, a complicit news media, and getting shot will do for a President’s reputation.

I’d ponder what this nation would be like if Lee Harvey Oswald had missed that beautiful day in Dallas, but that way madness lies, as King Lear like to say.

2.  How many botches can Joe Biden’s campaign take?  The Biden campaign sent out an email about Joe’s performance in the Democratic debate several hours before ithe debate had started. “Did I make you proud?” it began. (I can’t imagine another typical stumble-fest from Biden would make anyone proud, but never mind)

“I’m leaving the fifth Democratic debate now,” It continued. “I hope I made you proud out there and I hope I made it clear to the world why our campaign is so important.”

I wrote about something like this during the 2012 debates, when USA Today published an analysis by a conservative and a liberal pundit over the previous night’s Obama-Romney debate that was obviously written before the debate took place. These things are lies. What should the public take away from learning about them? They should learn that the people involved will deceive them even when they don’t have to.

“You might have just gotten an email from Joe about just getting off of the debate stage,” the rapidly deployed statement from the embarrassed campaign said.  “That’s our bad, team. We know Joe is going to make us proud tonight. We were just so excited for it that we accidentally hit send too soon,” they added.

Huh? If the message was written before the debate but pretended that it was written after the debate, it is a lie regardless of when it is sent. Continue reading →

Comment Of The Day: “Yes, It’s Open Forum Time Again!,” And Reflections On The State of Our Democracy, Part 2

/ Jack Marshall / 28 Comments

Part I, and Michael R’s Comment of the Day, are here.

The embedded government bureaucracy has always been recognized as a necessary evil, because the pre-Civil Service system of cleaning house after every election was inefficient and an invitation to cronyism. It cannot be denied, however, that partisan biases and loyalties within the “Deep State” create other serious problems, including individuals taking it upon themselves to undermine and  sabotage policies they disagree with.  Usually the phenomenon is subtle and not routine, but the partisan hysteria weaponized it against Trump, with anti-Trump government employees with influence and power felt more justified in betraying the President than ever before. Prime among this group has been the judiciary, the intelligence community, the State Department, and the diplomatic corps.

Seduced by a partisan narrative, spread daily by the mainstream media, that an illegitimate President who was elected by racists and morons was poised to destroy the country, and maybe the world, because of his greed, stupidity–and insanity!–once unthinkable levels of disloyalty and active opposition to a President by those paid to support the leader chosen by the people were not only justified, but necessary. This attitude quickly metastasized into a coup mentality. This too is routinely derided as a Fox News talking point, but denial only works for so long. In this case, time is almost up.

I finally concluded, early in 2017, that Trump’s election showed that our democracy works and remains vital. The nation was being dragged into a new culture which was violently contrary to core American principles and values that have made the nation what it was, in great part because of the Left’s ideological  capture  of American institutions, notably education, the legal profession, journalism, and the political elites. Somehow, in the inexplicable wisdom of crowd, the ignorant, confused, misinformed and emotion-driven U.S  public found a way to say “Enough!” in the most startling, obnoxious, disruptive way imaginable.

Lincoln was proven right. You can’t fool all the people all the time. Continue reading →

Post Road Trip Ethics De-Brief, 11/20/2019, AND Morning Warm-Up, 11/21/2019

/ Jack Marshall / 30 Comments

Bvuh.

Thinking is a chore right now, never mind typing.

We returned from a triumphant two-Darrow ethics program New Jersey tour, highlighted by the intense Darrow oratory performed by actor/legal instructor Paul Morella. This does a cynical ethics CLE presenter’s heart good: finding myself short of time, I asked the assembled NJ Bar members to vote on whether Paul should omit Darrow’s famous Leopold and Loeb closing argument, or Darrow’s own desperate plea for an acquittal when he faced a jury considering his own guilt of jury tampering in the 1911 MacNamara case. The group almost unanimously voted that we complete both closings, with my ethics commentary as well, bringing the program to an end almost a half hour later than scheduled. Nobody left, and believe me, in most CLE seminars, the lawyers seldom stay one second longer than they have to.

Brought a tear to my eye…

No rest in sight, though: tomorrow, I take an early flight to team up with rock guitar whiz and singer Mike Messer in Las Vegas for Ethics Rock Extreme. And I’m punchy now...

1. Well, maybe the NFL is learning…News item: The Miami Dolphins released already suspended running back Mark Walton on Tuesday, hours after he was arrested on charges of punching his pregnant girlfriend multiple times in the head. Walton had been serving a four-game suspension because of  three arrests before the season started. He was sentenced in August to six months’ probation after pleading no contest to a misdemeanor weapons charge.

Now let’s see if the Patriots sign him…

2. Just a quick impeachment hearings note: It is astounding to me that witnesses are being called by the Democrats to testify regarding their opinions on a President’s phone call to a foreign leader. Big black headlines shout that witnesses called a phone call “inappropriate.” Who cares? The President has the authority to decide what is “appropriate,” and there are no impeachment articles in the Constitution designating “acting inappropriately” according to someone else’s opinion as a “high crime and misdemeanor.”  Leaders become leaders because they do thinks that others think are “inappropriate.”

Don’t get get me  started on presidential actions through the centuries that experts, government veterans and other critics at the time thought were “inappropriate,” or worse.

I started compiling a list of what I would consider genuinely impeachable actions by past Presidents The list makes the current impeachment push look even more contrived than it already is.

3. I see that the group that surreptitiously filmed Planned Parenthood staff discussing abortions was hit with over 2 million dollars in damages. Good. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 11/18/19: Complainers…” (Item#4)

/ Jack Marshall / 17 Comments

The first Ethics Alarms post on my new “Ideapad,” in a DoubleTree in Fairfield, New Jersey, at about 1 am,  after a miserable 4 and a half-hour drive. Fortunately for you and me, it is a Comment of the Day, in which johnburger213 has done all the thought. It’s a tale of multiple jerks and assholes, with a child involved and the news media turning into a across-the-internet controversy a matter that in bygone days wouldn’t have traveled a city block.

Here is johnburger’s Comment of the Day that is only incidentally on the post, “Morning Ethics Warm-Up, 11/18/19: Complainers, Climate Hysterics, Tiny Tims And Fake News”:

Not exactly on point, but there is this story out of Texas: It seems a mom likes to put notes in her 5 year old son’s lunch kit* to remind him she loves him when he eats lunch at daycare. Well, as luck would have it, she put a note in his lunch, asking the daycare worker to tell her son she loves him very much. The daycare worker would have none of that nonsense, so he/she wrote the mother telling her to put her son on a diet instead. Here is a link to the story:

https://abcnews.go.com/US/day-care-worker-fat-shames-year-boy-leaving/story?id=67100183

Now, the daycare worker is a jerk and should be strung up by his/her thumbs for doing something so idiotic. I wonder what goes through the mind of someone who deals with youngsters at a daycare who would tell the mother that said daycare worker would, in fact, NOT tell the child that mommy loves him/her, and would do so by writing a note back to the mother, effectively telling the mother she is a bad parent. Seems cruel to me. Continue reading →

The Last Of The Nazi War Criminals

/ Jack Marshall / 23 Comments

Coincidentally, just as I am completing watching the Netflix documentary “The Devil Next Door,”  another former Nazi prison guard has begun trial on charges that he was an accessory to 5,230 murders at a German concentration camp in Poland during World War II.  “The Devil Next Door” engrossingly tells the strange story of a Ukrainian immigrant named John Demjanjuk who appeared to be a model U.S. citizen, respected neighbor and beloved husband and father in Cleveland before the U.S. decided he was really a former Nazi camp guard nicknamed “Ivan the Terrible” for his sadism and brutality at the Treblinka Nazi death camp in Poland. Demjanjuk was stripped of his U.S. citizenship and tried in Israel from 1986 to 1988 for crimes against humanity. A three judge panel convicted Demjanjuk and sentenced him to hang after a dramatic (and troubling) trial, but the former Ford auto-worker died while his  appeal was pending. Under the doctrine of abatement ab initio, he is still presumed innocent.

As I have written here before, I have many ethical problems with the concept of war crime trials, but “Ivan the Terrible” certainly tests them. Whether or not Demjanjuk  was Ivan, the Treblinka gas chamber operator was a monster even by SS standards, torturing the camp’s Jewish victims before their extermination. In the United States, I cannot imagine that that Demjanjuk would have been found guilty beyond a reasonable doubt: the evidence was compromised, the eye-witnesses often contradicted themselves and appeared confused (“Some were liars, some were senile, and some were liars and senile” is how Demjanjuk’s Israeli lawyer puts it on camera). The most damaging testimony against Demjanjuk was his own, and in the U.S. he never would have been allowed to testify.

Was he “Ivan”? All one can say is “probably.” The case was not proven beyond a reasonable doubt, not even close to it.

At the time, it was widely believed that Demjanjuk’s would be the last Nazi war crimes trial, but now  Bruno Dey, 93,  a prison guard  in the Stutthof camp near what’s now Gdansk, Poland, is being tried in Hamburg, Germany. Continue reading →

For Your Edification: These Members Of The 2019 House Of Representatives Are Facing Ethics Probes

/ Jack Marshall / 9 Comments

Remember that the House Ethics Committee maintains a very narrow definition of “ethics.” Almost all serious ethics allegations and investigations in Congress involve financial misconduct, employment shenanigans, actual criminal conduct or blatant conflicts of interest.  The prohibition against sexual relations with staff was relatively recently added, and even more recently taken seriously, thanks to the Harvey Weinstein Ethics Train Wreck. If the House really was concerned with promoting ethics rather than compliance, it would bring more investigations based on #1 in the House Code of Conduct:

1. A Member, Delegate, Resident Commissioner, officer, or employee of the House shall behave at all times in a manner that shall reflect creditably on the House.

It is fair to say, I think, that this standard has been openly abandoned by both parties.

Here are the current open investigations:

 Representative Alcee L. Hastings, (D-Florida),

Alcee is my favorite unethical House member, and has been for years.  He was impeached and removed from the federal bench in 1989 after the Senate found him guilty of eight impeachment articles, including one charging that he had conspired to receive a $150,000 bribe. Yes, his constituents have shown themselves unworthy of Democracy. Now he is being accused of  violating House rules by having a personal relationship with a member of his staff, and get this: it is with the lawyer who defended him in his impeachment trial. Hastings, who is 83, admits the relationship with Patricia Williams, whom he has had on his staff for years. They even bought a $700,000 house togethet bought a house near Boynton Beach.  Hastings still owes legal fees to her for the work on his impeachment defense, raising another ethics issue regarding inappropriate gifts or “forbearance.” is seeking the payment of debts.

As we know by now,  Representative Katie Hill of California, a first-term Democrat, had a sexual relationship with a member of her congressional staff and had to resign as a result—well, that and the public release of kinky nude photographs inconsistent with House Code of Conduct #1.

Representative Michael F. Q. San Nicolas (D-Guam) Continue reading →