Law & Law Enforcement

Boy, The GOP Really, Really Likes Census Scams!

/ Jack Marshall / 21 Comments

Let me quote my favorite writer—me, of course—to set this one up. From March 17, 2010

It was [Chairman of the Republican National Committee Michael Steele] who approved some sleazy direct mail hack’s clever idea to send potential GOP donors counterfeit census forms. Arriving in thick envelopes with “Do Not Destroy. Official Document” on the front (“See, it’s not a lie! It IS an official document, right? Just from a different official—you, Mr. Steele! Get it? …), and the imposing legend  “Census Document Registered To: [ the name  of the recipient]” stamped there as well  (“It  really is kind of a a census document, capiche, Mister Steele? So they can’t complain later—it’s just not the one they think it is! But they’ll open it every time! I love this mailing!”), the package included a four-page form complete with an eight figure “Census Tracking Code.” (“Nice touch, eh Mister Steele? Joey here thought that one up. It will really have them believing this, the suckers!”) But the questions would quickly begin striking anyone not half asleep as rather odd for the Census, with queries like,

“Do you traditionally vote in all elections?”

“Do you generally identify yourself as a: Conservative Republican, Moderate Republican, Liberal Republican, Independent Voter who leans Republican or Other?”

“How much does it concern you that the Democrats have total control of the federal government?”

“Do you think the record trillion-dollar deficit the Democrats are creating with their out-of-control spending is going to have disastrous consequences for our nation?”

Even the sleepy, drunk or stupid, however, should have figured out the scam when they read, “When finished answering your Census, please return it along with your generous contribution in the enclosed postage-paid envelope.”

Gotcha! So clever! So well-executed! Soooooo dishonest, deceitful, and wrong….Not only did the mailing aim to deceive, it also confused, and the Census Bureau expressed worries that the fraudulent mailings would undermine response rates for the official census forms, causing citizens to ignore or not fill out the real forms when they arrived later. Lower mail response rates will increase Census costs, because the Bureau must send census-takers to every home that does not respond.

The good news is that the incident reminded House members what it was like to agree on something, and they passed a unanimous, bi-partisan measure banning fake census fundraising appeals, because the fact that such mailings were obviously and putridly unethical wasn’t enough any more. Not with Michael Steel in charge of the Republican fundraising. His influence is strong, after all: doing his best Steele impression after the House vote, National Republican Congressional Committee spokesman Paul Lindsay said, “The NRCC remains opposed to misleading mailings,” which is 1) a lie 2) an insulting lie 3) an embarrassingly obvious lie. It is opposed to them although it just sent out an intentionally misleading mailing of epic dimensions. The statement means one of these three things: “We are being controlled by Satan!”, “We are completely insane!”, or “We are lying our heads off!” One guess, and the first two don’t count.

But wait! There’s more! Continue reading →

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

/ Jack Marshall / 23 Comments

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading →

“Porgy And Bess” Ethics

/ Jack Marshall / 9 Comments

“Porgy and Bess,” the now  iconic opera that premiered in the United States in 1935, tells the tragic and heroic  story of a Southern African-American ghettoemploying  some of the most memorable music in  the musical theater canon. Composer George Gershwin denied licensing rights to  companies that wanted to use white performers in the opera (requiring black make-up)  and his estate still stipulates that the work  be performed by an all-black cast, or rights will be denied.

It will not shock anyone who has read much here to learn that I oppose Gershwin’s all-black edict, just as I oppose objections to actors of any race being prohibited from playing characters of different races. The only question should be whether the production and artistic version is fair to the work and to the audience. Prior restraint of any vision is antithetical to the spirit of the performing arts. I happen to think that a white version of “A Raisin in the Sun” would be ill-advised, but how do I know for sure? I’ve been proven wrong before, and more to the point, I’ve proven others wrong with my own productions.

The inevitable result of Gershwin’s grandstanding, for I believe that’s what it was, is that most people never have a chance to see a full production of “Porgy and Bess.” Yet there is no reason why the cast would have to be all black. Let’s even put aside the inflammatory  issue of “black-face.” Some characters in the show, like the snake-like hustler Sporting Life, could be portrayed as white without distorting the show one bit. Non-traditional casting principles would argue that the whole cast could consist of whites, Asians and others playing the black characters. It would be fun—yes, I think of this kind of principled fight as fun—to cast the show with light skinned African-Americans and mixed race performers who identify as black. What would the Gershwin estate do about that, I wonder? Continue reading →

Morning Ethics Warm-Up, 4/26/19: Character is IN Again, What Real Obstruction Looks like, And The Biden Follies Open

/ Jack Marshall / 19 Comments

Wow, THAT week went by fast...

1 It’s the economy, stupid, except when the news media and Democrats want to overthrow the President…The Gross Domestic Product for the first quarter rolled in at 3.2%, considerably higher than the 2.5% predicted by “experts.” This is good news and big news, but because it’s favorable to Trump news, you can’t find it on the front page of today’s Times, or in the headlines at HLN. I’m an economics dummy—that’s one reason I majored in American Government, because I didn’t have to take major Economics course—but I worked at the U.S. Chamber of Commerce long enough to learn that all sorts of good things flow from a healthy GDP, which averaged well under 3 for the entire, benighted, protected and over-praised Obama administration.

There is no question that similar news—there was similar news in 2015—early in the Obama administration would have been heralded as cheer-worthy proof that Obama’s economic stimulus monster, derisively nicknamed “Porkulus” by critics, was working (it was an expensive failure), and that he was leading us out of the Wilderness, just as he had promised. Similarly, when Bill Clinton was running for re-election in 1996, his smug and slimy ways (“Where is the outrage?” asked poor Bob Dole) were already a matter of record even before Monica Madness, but the liberal news media and Democrats mocked the very idea that Presidential character should matter to voters.

That very year, my old theater company revived Gore Vidal’s “The Best Man,” a Sixties political satire on Presidential election politics. The play centered on an idealist candidate’s ethical dilemma of whether to release damning information on a competing candidate for the nomination, violating the good candidate’s ethics (the alleged scoop was that his competitor had dabbled in homosexual relationships in the army, not that there’s anything wrong with that: Gore Vidal certainly didn’t think so)  to win the nomination for himself and save the nation from the bad candidate, even though the Army rumors had nothing to do with why he was bad—the man was a Machiavellian right-wing monster (Gore believed all conservatives were monsters). The Washington Post reviewer panned the play, mocking the script as ridiculously outdated. “Who believes that character matters in choosing a President any more?” she asked. Continue reading →

Afternoon Ethics Warm-Up, 4/25/19: Hypocrisy Edition

/ Jack Marshall / 15 Comments

Having a delightful afternoon I hope?

1. “Ethics Bob” is back! After what I gather have been extensive world travels with his wife, Ethics Bob  reanimated his blog this week, and I am hoping that Bob, who kindly credited me with inspiring him to write his ethics book, and who teaches ethics himself, will begin commenting again on Ethics Alarms. He is that rarity around here, a committed liberal who plays fair in debates. Unfortunately, Bob’s return post is wrong—and I distinctly remember a lunch with Bob in which he insisted that Bill Clinton shouldn’t have been impeached—but that’s OK.  He’s ethical, thoughtful, and open-minded. Check in with him, and hope along with me that he starts checking in here.

2. How much hypocrisy can Democratic voters stand? In Virginia, Lt. Gov. Justin Fairfax has been hit with multiple allegations of rape and sexual assault. Despite the lip  service the national party has given to “believe all women,” and its position during the Kavanaugh hearings that accusations alone were enough to disqualify a judge for the Supreme Court,  Virginia  Democrats refused to join Republican efforts to sanction or remove Fairfax, who is black and the #2 official ins a state where #1 has admitted to wearing blackface. In order to show that they don’t approve of Fairfax (while not having the integrity to make him hew to the standards they have been advocating for years) the Democratic Party of Virginia rejected his $2,500 donation for the party’s Blue Commonwealth Gala in June.

“We were not comfortable accepting the Lieutenant Governor’s PAC’s contribution and we let his team know that when they reached out,” party spokesman Jake Rubenstein told the  The Washington Post .

“The Lt. Governor’s We Rise Together PAC was planning to have a group of African-American pastors and other supporters sit at his table,” Fairfax spokeswoman Lauren Burke told the Post. “He is innocent and has passed two polygraphs and repeatedly called for an investigation. DPVA has assumed he is guilty of a violent criminal act with no investigation or even a conversation to ascertain his version of events.”

But if the party believes Fairfax is guilty of violent crimes and #MeToo outrages, why is he still in office? Continue reading →

Alan Dershowitz’s Mueller Report “Introduction,” And Yes, He’s An Ethics Hero [UPDATED]

/ Jack Marshall / 24 Comments

For anyone who actually cares about what the Mueller report means, I highly recommend the Alan Dershowitz “Introduction” to the report, which can be purchased for Kindle for about 7 dollars. I purchased it this morning, and just completed reading it. (The report without the intro is on-line, free, all over the place.) Dershowitz voted for Hillary, is a registered Democrat, was marinated in the Leftist hive that 99% of Harvard has become, and is hardly a “Trump supporter,” which is the now reflex “Shut up!” response to any attempt to break through the “resistance” coup mindset that has become a plague on the web and elsewhere. Dershowitz is pleading anyone who will listen that he deserves plaudits rather than condemnation (one twitter follower calls him a “monster”) for trying to be objective and non-partisan, and  I feel his pain, but his protests are unseemly, and undermine the real ethical service he has performed.

The famous Harvard professor states clearly what the news media and Democrats have intentionally tried to obscure: there was no collusion, no crimes related to collusion, and the investigation report says so unequivocally. The report presents “no evidence of any criminal behavior by President Trump or his campaign with regard to Russia,” he writes. Correct. He also remind us, as few media reports have, that this is a one-sided case. There was no cross-examination of witness or challenges to the conclusions of prosecutors, and the document should be read in that light.

As I expected, Dershowitz make an irrefutable argument that the whole process was tainted by conflicts of interest, since Asst. AG Rod Rosenstein, charged with overseeing the investigation,  was both a key witness and a potential defendant.

On the more confusing matter of obstruction, he clarifies that as well, particularly by knocking down the theory that a  President can be found to have committed a crime by doing something he has clear Constitutional power to do. Dershowitz (and others) have been making this point since the hypocritical uproar over the Comey firing, and he has case law (which you can see from the excerpt above) and legal tradition to back it up. The professor cites the ancient legal principle of Nulla poena sine lege ( “no penalty without a law”, which olds that one cannot be punished for acts not prohibited by law. This is codified in modern democratic states as a basic requirement of the rule of law, and has been described as “one of the most widely held value-judgement in the entire history of human thought.”

Yeah, but we want to impeach Trump!

Continue reading →

Pssst! CBS! “NCIS” Is Confusing People About Sexual Harassment And Sexual Assault!

/ Jack Marshall / 7 Comments

“NCIS” starring Mark Harmon and an ensemble cast, is the second longest running scripted drama on television at 15 full seasons (trailing only “Law and Order: SVU,” which will apparently continue until Mariska Hargitay drops dead of old age) and the seventh longest running such show since television began. A breezy procedural that records the adventures of the Naval Criminal Investigative Service, it depicts a diverse team that demonstrably idolize its leader, the enigmatic and tragic Jethro Gibbs, and support each other like a family.

As with all series that run this long and go into syndication while the show is still being produced ( “Criminal Minds,” “The Simpsons,” “NCIS LA,” and “Blue Bloods” is getting there), I eventually got sick of “NCIS” and hadn’t watched it for several seasons. However, last night’s Red Sox game was so dispiriting that I gave up for an inning or so, and peeked in to see how Gibbs and the gang were doing in Season 16. Almost immediately, I witnessed Harmon’s character planting a kiss on the face of the team’s new forensic specialist, Kasie Hines (Diona Reasonover, who appears to be about 18) just as he had often kissed Hines’s predecessor, Abby Sciuto (now departed Pauley Perrette), as you can see in the clip above. I gathered from Kasie’s reaction that this was the “new kid’s” first kiss from Gibbs, and she behaved as if it was both a surprise and the thrill of a lifetime.

For God’s sake.

A leader, manager, or supervisor should not, cannot, and must not kiss (or hug, or in my view, even touch) subordinates, particularly when the supervisor is male and the subordinate is female. This conduct was never appropriate, but beginning around 1980 the law began flagging it as potentially discriminatory, and once sexual harassment law crystallized—and Joe Biden’s memory to the contrary, that was a long time ago—such kisses, touches and hugs could be actionable. Continue reading →

Morning Ethics Warm-Up, 4/22/2019: Say Hello To Impeachment Plan O!

/ Jack Marshall / 31 Comments

Good Morning!

As readers here know, Ethics Alarms has identified 14 distinct strategies, A through N,  ateempted to varying degrees by Democrats, the news media and “the resistance” to overturn the results of the 2016 election. I facetiously designated the brief, hysterical movement to nominate Opra Winfrey as the Democratic candidate in 2020 as “Plan O,” but now we really have one, #15.

Plan O incorporates several of the previous 14, but it is a new spin, unusually unmoored to fact or law. The theory is that the Mueller investigation was supposed to provide constitutional justification to impeach President Trump, so its report is  justification even though the investigation found no evidence of crimes or misconduct that could sustain an ethical prosecution. To borrow from several on-line wags, it’s the “There has to be a pony in there somewhere” plan.

One could argue that Plan O is just an update of Plan F: The Maxine Waters Plan, which  is to impeach the President for existing (after  his appointments, staff and supporters have been accosted, harassed and assaulted), but it’s more bizarre than that. The theory is that an investigation that explicitly found no convincing evidence that the President had engaged in impeachable offenses has somehow shown that the President engaged in impeachable offenses. I’m not being arch—this is an entirely fair and accurate description.

Poster boy for this mind-bending exercise is the absurd Rep. Adam Schiff, who now argues that the report proves “collusion” and obstruction, despite the fact that it does neither, and says that it does neither.  Telling ABC’s George Stephanopoulis that there is “ample evidence of collusion in plain sight,” Schiff said,

“I use that word very carefully because I also distinguish time and time again between collusion, that is acts of corruption that may or may not be criminal, and proof of a criminal conspiracy. And that is a distinction that Bob Mueller made within the first few pages of his report. In fact, every act that I’ve pointed to as evidence of collusion has now been borne out by the report.“

Continue reading →

Easter Ethics Warm-Up, 4/21/19: As Ethics Lays Some Eggs…

/ Jack Marshall / 30 Comments

Happy Easter!

1.  A cultural note: there is no discernible Easter programming anywhere on TV, cable or network. Oh, TCM is playing “Easter Parade” and “King of Kings” in prime time, but that’s it. ‘Twas not always thus.

2. Speaking of TCM…Bravo for the classic movie network’s teaming with Fandango to offer big screen presentations of John Wayne’s “True Grit” in May. They could have justifiably chosen many other Westerns equally worthy or more so, like “Shane” or “High Noon.” I like to think that choosing the Duke’s Oscar winning performance is an intentional rebuke to the recent attack on Wayne’s legacy by the social media mob, a true “Fill your hand, you son of a bitch!” to the cultural airbrushers and statue-topplers.

I’ll be there, cheering Rooster on.

3. Other than journalists, have any other professionals debased themselves and their professional integrity more flagrantly that lawyers and law professors in their determination to Get Trump? This article in Slate by a law professor argues that asking or telling one’s lawyer to do something that the lawyer refuses to do—like firing Robert Mueller—can be criminal obstruction of justice. By this theory, every time a client says that he wants the lawyer to assist in an illegal act, it’s a crime.  But that’s not how attorney-client relationships work. The attorney is obligated to say, when appropriate, “No, you can’t do that, and I won’t do that for you, and here’s why.” In the end, it is indistinguishable from the client asking the lawyer’s advice, because clients only have the power to order a lawyer to do a very limited number of things, like accepting a settlement.

The professor’s argument also assumes that Trump firing Mueller would be obstruction of justice. Not only is this unprovable—that would have to be his intent—the President had a perfectly good reason to fire the special counsel, just as he had good reason to fire James Comey. Mueller’s investigation had been tainted many ways, and since Trump knew he was innocent, he saw the exercise as a calculated scheme to make it impossible for him to do his job. Firing Mueller and ending the investigation  would have been really, really stupid politically, but it wouldn’t be obstruction.

This, however, is how desperate “the resistance” is to bootstrap some kind of impeachment theory. Continue reading →

Saturday Ethics Warm-Up, 4/20/19: Fighting Fake Hate Crimes, Mueller Report Spin, Journalism Incompetence, And Being Mean To Beto

/ Jack Marshall / 13 Comments

Good morning!

1. Nah, there’s no mainstream media ignorance and stupidity…

Mecca!

These are the people we trust to keep us informed about the world, and explain what we don’t have the time to study.  Great. [Pointer: Instapundit]

2.  Please circulate to your tantrum-throwing Impeach Trump friends...Yet another sharp column by Glenn Greenwald cutting through the fog and wind, and explaining that, as he puts it, “Robert Mueller Did Not Merely Reject the Trump-Russia Conspiracy Theories. He Obliterated Them.”

Unlike the New York Times, which intentionally cherry-picked quotes from the Mueller Report to give solace to its Trump-Deranged readers, Greenwald reproduced the substantive conclusions that put the nails into the collusion fantasy. Like…

  • “The investigation did not identify evidence that any U.S. persons knowingly or intentionally coordinated with the IRA’s interference operation”
  • “[T]he investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”

Greenwald concludes,

In sum, Democrats and their supporters had the exact prosecutor they all agreed was the embodiment of competence and integrity in Robert Mueller. He assembled a team of prosecutors and investigators that countless media accounts heralded as the most aggressive and adept in the nation. They had subpoena power, the vast surveillance apparatus of the U.S. government at their disposal, a demonstrated willingness to imprison anyone who lied to them, and unlimited time and resources to dig up everything they could.

The result of all of that was that not a single American – whether with the Trump campaign or otherwise – was charged or indicted on the core question of whether there was any conspiracy or coordination with Russia over the election. No Americans were charged or even accused of being controlled by or working at the behest of the Russian government. None of the key White House aides at the center of the controversy who testified for hours and hours – including Donald Trump, Jr. or Jared Kushner – were charged with any crimes of any kind, not even perjury, obstruction of justice or lying to Congress.

These facts are fatal to the conspiracy theorists who have drowned U.S. discourse for almost three years with a dangerous and distracting fixation on a fictitious espionage thriller involved unhinged claims of sexual and financial blackmail, nefarious infiltration of the U.S. Government by familiar foreign villains, and election cheating that empowered an illegitimate President. They got the exact prosecutor and investigation that they wanted, yet he could not establish that any of this happened and, in many cases, established that it did not.

Precisely. Continue reading →