Law & Law Enforcement

I Hereby Repudiate My Undergraduate Degree, As My Alma Mater Has Rendered It A Symbol Of Hypocrisy, Ignorance, And Liberal Fascism

/ Jack Marshall / 13 Comments

No, I’m not kidding.

I probably should have done this much earlier, as when Harvard announced that it would defend its policy of discriminating against Asian-American college applicants in exactly the same fashion that it discriminated against Jews well into the 1960s. I would also have been justified in tearing up my alumni card when the College announced that it would punish students for belonging to single gender off-campus clubs, a decision that was their choice to make and that concerned the school not at all. An analogous policy would punish students for supporting Republican candidates, which I now realize may be Harvard’s next step.

When that off-campus club policy was announced (students are suing, and GOOD), I rationalized that this was a short-term problem resulting from a regrettable (and soon departing)  college President, feminist Drew Faust, who regarded enforcing progressive agenda items at metaphorical swordpoint as a greater priority than such minor matters as giving students the liberal education they were paying for. Now I see that it was the canary dying in the mineshaft. How I wish I had been giving a lot of money to Harvard (which needs money like Hawaii needs sunshine) so I could now stop.

This is the final straw:

Harvard’s Dean of the College, Rakesh Khurana, has announced that he is firing Winthrop House faculty dean, Ronald Sullivan, because he is defending Harvey Weinstein against his New York prosecution, and the Winthrop House students are upset about it, poor dears. (I wrote about this controversy here.)

Also upset is Dean Khurana, who, shockingly, joined a sit-in in protest of a Harvard lawyer doing exactly what ethical lawyers are supposed to do: give all citizens access to the best legal representation possible. To be clear about how serious this is, by firing Sullivan, Harvard is endorsing and engaging in liberal fascism and directly opposing core democratic values, and even more revolting for an alleged “prestige institution of higher learning”, this is really, really stupid.

Lawyers don’t endorse the acts, beliefs or opinions of the clients they represent. I’ll publish this for the umpteenth time, from the Massachusetts Bars’ ethics rules… Continue reading →

Anna Sorokin—Fick, Ethics Corrupter, And The New York Times Thinks She’s A Victim

/ Jack Marshall / 25 Comments

A New York jury this month found Anna Sarokin guilty of grand larceny in the second and third degrees and other charges that  netted her a sentence of 4-12 years in prison. In previous years before being caught, she posed as “Anna Delvey,”  a fictional German heiress with a trust fund, and parlayed her scam into a luxury life-style  of long stays in boutique hotels, a closet full of  designer clothes, and late-night parting  with Manhattan’s glitterati.

 Sorokin, 28, was really an attractive  Russian immigrant with brass. She ducked bills, conned the trusting, , and once tricked  a bank employee into giving her $100,000 she never intended to pay back. She couldn’t have done any of this for so long or as successfully if she weren’t young and comely, and also a stone-cold sociopath. I’d guess her story will soon be made into  at least a Lifetime cable movie, if not a big budget vehicle for Jennifer Lawrence.

Anna is also a fick, that rare species chronicled on Ethics Alarms that openly revels in unethical wickedness. In two interviews with the New York Times, she made it clear that she’s a shameless predator, telling the paper yesterday after her sentencing,

“The thing is, I’m not sorry. I’d be lying to you and to everyone else and to myself if I said I was sorry for anything. I regret the way I went about certain things.”

She’s still playing her con.  Anna says she always intended to pay back the  hotels, a private jet company and the banks she said,  which she cheated  out of more than $200,000. She just missed  bilking  a hedge fund into giving her a $25 million loan.

Well, yes, if you want to get technical about it,  she had falsified some bank records, but only because she was in America and has big dreams. Don’t all Americans? She wanted to start a $40 million private club, and potential investors pushed her to open it before they  put up their own money. If you think about it, it all was really their fault, not poor Anna’s.

Sorokin said was always fearful that she was vulnerable to men who would “cheer me on” and then seize control of her vision for the club, which she called the Anna Delvey Foundation.  “My motive was never money,” she said. “I was power hungry.”

Oh! Well that’s all right, then!

If her friends thought she had millions of dollars, it was just a misunderstanding. She said she never told anyone she had that kind of money. If they just jumped to conclusions—well, how is that her fault?

At least she has some self-awareness, telling the times, but unapologetically,  “I’m not a good person.”

Yet the Times published a long essay sympathetic to Anna Sorokin, a head-exploding piece (for me, so be careful if you read it) titled in the print version—I warned you—“Women Take The Cosmic Fall For Male Greed.” It is a solid contender for the most unethical feature of the year, with rationalization-stuffed statements like these:

  • “Real justice,” in this instance, is the prospect of more than 15 years in prison for defrauding wealthy acquaintances and financial institutions of $200,000, the sum of which would barely allow you to buy a studio apartment in Queens. “She stole from banks,” one of the prosecutors argued during the trial as if to suggest she had taken oatmeal from the mouth of a baby. “She tried to steal from a hedge fund.”Setting aside the dubious rhetorical gambit of soliciting sympathy for banks and hedge funds, Ms. Sorokin was clearly going to take a fall even if so many other white-collar villains still had their freedom.”

(I confess: after reading that idiotic paragraph a week ago, I stopped and filed the article to return to when my cranium had healed.)

  • “Here is where we might recall that only one financial executive in the country, Kareem Serageldin, was ever sent to prison in conjunction with the collapses of moral judgment that caused the undoing of the global economy in 2008. Accused of concealing hundreds of millions of dollars in losses of mortgage-backed securities, to inflate his bonus at Credit Suisse, he also faced real justice. He was sentenced to 30 months.”

All of which has nothing to do with Sarokin, or gender. Sarageldin made a plea deal, and got one because there was not a clear route to convicting him under existing laws. Sarokin’s crime, in contrast, was as old as the hills, and she embraced it with gusto.

  • “Increasingly, it seems, the law has provided an able hand to a culture that takes perverse, outsize pleasure in spectacles of female desperation. Like many young women, Ms. Sorokin had an insatiable desire to be something that she wasn’t: in her case, someone other than the daughter of a Russian HVAC salesman. She had come to New York without the pedigree or capital that buoys you in a city poisonously obsessed with status. New York is a transactional place, and Ms. Sorokin had nothing to trade, so she made herself into a rich, clubby, entrepreneurial German and lied and cheated a system already allocating so many unfair advantages….”

If you are keeping count, just these three paragraphs employ all or whiffs of these rationalizations from the Ethics Alarms list, with more to come:

1. The Golden Rationalization, or “Everybody does it”
2. Ethics Estoppel, or “They’re Just as Bad”
2 A. Sicilian Ethics, or “They had it coming”
6. The Biblical Rationalizations
“Judge not, lest ye not be judged,” and “Let him who is without sin cast the first stone.”
13A The Road To Hell, or “I meant well” (“I didn’t mean any harm!”)
19A The Insidious Confession, or “It wasn’t the best choice.”
22. The Comparative Virtue Excuse: “There are worse things.”
23 A. Woody’s Excuse: “The heart wants what the heart wants”
38. The Miscreant’s Mulligan or “Give him/her/them/me a break!”
48. Ethics Jiu Jitsu, or “Haters Gonna Hate!”
55. The Scooby Doo Deflection, or “I should have gotten away with it!”
63. Yoo’s Rationalization or “It isn’t what it is”
68. The Volunteer’s Dodge, Or “You Don’t Pay Me Enough To Be Ethical!“

The hopelessly muddled ethics of the writer, regular Times columnist Ginia Bellafante is independently valuable as a throbbing example of how woke sensibilities distort and rot basic concepts of justice and the rule of law. She is, in fact, more of an ethics corrupter than the smug sociopath heading to jail. Bellafante is telling Times readers that a predator is really a victim, because of her gender.

I wonder how many people believe her?

_________________________________

Source: New York Times

Be Honest Now: Does Anyone Believe The Latest Explanation For Why The Democrats Want The President’s Tax Returns?

/ Jack Marshall / 18 Comments

I guess it is kind of funny, when you think about it…

On the old Ethics Scoreboard, I had a monthly feature called The David Manning Liar Of The Month Award, “honoring” utterly transparent lies from prominent organizations and people that they obviously didn’t expect anyone to believe. The subpoena issued yesterday by Representative Richard E. Neal (D-Mass) to Treasury Secretary Steven Mnuchin and Charles P. Rettig, the I.R.S. commissioner would get this month’s award if I was still giving it out.

Quick, now: why do Democrats want the President’s tax returns? Is there any doubt whatsoever? Have they been ambiguous about it in the least? They are convinced, because, as we all know, the Orange Man is BAD, that somewhere in his returns is sufficient evidence of serious wrongdoing—that the IRS never noticed nor flagged, mind you, and that occurred before Donald Trump became President—that they can use to concoct a viable impeachment case, or at least use to embarrass and attack him in the coming election.

For a long time the theory was that the returns would provide decisive evidence that the President was involved in an election-stealing plot with Russia, but since that phony premise was thoroughly exploded, Democrats had to find another excuse. The current theory is that since he refused to reveal the returns during the 2016 campaign, he must have something nefarious to hide. This is the totalitarian’s approach to justice, of course. That the Democratic Party and its supporters so easily resort to it ought to give everyone pause.

So we all know why the Democratic House majority is trying to get the President’s returns. The problem is that Donald Trump has the same right of privacy as every other taxpayer. The fact that he broke with recent tradition by not releasing his returns, if Occam’s Razor means anything to you, is best attributed to the fact that no other Presidential candidate of a major party since income taxes were introduced has been an international businessman, with the extraordinary number of transactions and tax maneuvers such status inevitably requires. Pop Quiz: Did H. Ross Perot, when he was running his third party challenge to Bush and Clinton in 1992, release his tax returns? Continue reading →

TGIF Ethics Celebration, 1/10/19: Plenty Of People Who Need Firing or Something Close…

/ Jack Marshall / 15 Comments

I don’t know why I’m celebrating a weekend: in a home business, there are no weekends…Maybe I’ll just celebrate the flowers that bloom in the Spring!

1. Poll: The firing of Mary Bubala. As you may know, the mayor of Baltimore got caught red-handed in a self-dealing scheme, tried  to take a leave of absence instead of resigning (thus preserving her salary), and finally had to resign anyway. Discussing the events on the air on Baltimore TV channel WJZ, news anchor Bubala asked  Loyola University Maryland Professor Karsonya Wise Whitehead,

“We’ve had three female, African-American mayors in a row.They were all passionate public servants. Two resigned, though. Is this a signal that a different kind of leadership is needed to move Baltimore City forward?”

Bubula is white. The station was bombarded with complaints that her question was racist, and the station quickly fired her, saying in a brief statement,

“Mary Bubala is no longer a WJZ-TV employee. The station apologizes to its viewers for her remarks.”

Well-respected conservative pundit Mark Tapscott called this “newsroom fascism,” writing, “I’ve never met now-former Baltimore TV local news anchor Mary Bubala, but I am outraged as an American and a journalist over her firing for a question that clearly wasn’t remotely related to the fact the city’s two most recent (corrupt) mayors were both Black and women.”

I would have fired her. There are two good reasons. First,  the question sure sounds  like “After three female black mayors who have either been corrupt or unsuccessful, do you think a white man might be worth a try?” to me. What else could it mean? Do you think it might be time to elect a GOOD mayor? Why mention their race and gender at all if it isn’t part of the question? Second, if the question wasn’t racist, she should be fired because she’s too inarticulate to have that job.

Tapscott concludes, “Either this …ends or liberty isn’t long for anybody in this country except those with approved opinions.”

Let me ask you, then…

Continue reading →

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART II]

/ Jack Marshall / 6 Comments

[Continued from PART I, here]

As with Saddam’s disastrous bluff, the “we have enough for impeachment but we’re not going to impeach just yet” dance involves some reckless brinkmanship and depends on corrupt and under the table alliances, with the mainstream media replacing the U.N and its complicit members. So far the media has neglected to educate the public regarding how desperate and absurd the current subpoena tactic is, with its close similarity to the Radical Republicans’ attempt to get rid of President Andrew Johnson by demanding that he obey an illegal law, the Tenure of Office Act. (“Andrew Johnson? Who’s that? You must mean Lyndon Johnson, right? No?”)

As Johnson did, President Trump has a Constitutional obligation to protect the Separation of Powers from a House majority intent on abusing its oversight powers. The House Democrats are simultaneously claiming that they have enough WMDs—lets’ call them WTDs, Weapons of Trump’ Destruction—to take down the President, while they continue to search desperately for what they are lying about having. Thus they are demanding that they see the unredacted Mueller report, which would be illegal, getting Trump’s tax documents, which would be a dangerous abuse of privacy and the oversight function, and forcing the former White House Counsel to reveal privileged information, which he cannot legally or ethically do. The idea appears to be to let these orchestrated controversies distract the public and continue into the 2020 campaign, with the Democrats running on a “he should be impeached, but it’s easier just to beat him” theme.

The only question is whether the news media will be any more successful saving the Democrats from their dishonest and dangerous bluff than the U.N.’s crooks were protecting Saddam. I doubt it. The U.N. had and even now has more credibility than  the self-flaying news media, and for good reason.

Last week, for example, two New York Times columnists made foolishly weak arguments that Trump had committed impeachable offenses. For clinically Trump-deranged Charles Blow, for whom every column is a barely restrained primal scream against Trump’s existence, the imagined offense is criticizing the press for being exactly as corrupt, biased and untrustworthy as Blow proves it is every week. His own dishonesty is what distinguishes the column; for example, he writes that a poll (Blow loves cherry-picking polls, a flaw he shares with Trump) found that 49% to 36%, Republicans agree that the news media is “the enemy of the people,” but all other groups say that the media “is an important part of democracy.” Continue reading →

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART I]

/ Jack Marshall / 20 Comments

I was just lying awake with a dismal headache, as  “Iolanthe’s” Lord Chancellor memorably sung, when it suddenly came to me, like a bolt from Olympus.  I realized what it was that the unethical impeachment-rattling strategy of Nancy Pelosi and the Democrats reminded me of. It’s the same trick Saddam Hussein attempted regarding his elusive “Weapons of Mass Destruction” charade.

If you recall, Hussein tried to pull off a dangerous bluff. Having removed, shipped away to allies, or destroyed all of his WMDs to avoid the Gulf War against him resuming (it was only a cease fire, remember, with conditions that were supposed to be enforced by U.N. members), he flamboyantly behaved as if he still had them. The despot refused to allow the full inspections that the cease fire deal required, and also interfered with air surveillance. These were flagrant violations of the cease fire, but Saddam was certain that he could forestall any military action because the U.N. leadership, and notably Russia and France as well, were profiting from bribes and under-the-table deals to help Hussein get around U.N. sanctions, enriching both him and them while the Iraqi people suffered. His corrupt pals assured him that they were capable of keeping the United States at bay.

Why was Hussein playing this dangerous game? As he explained to his captors after his government was overthrown, he was bluffing to keep Iran from attacking, which he was certain it would do if they knew he had disarmed.

Now, you well might ask why anyone would admire a plan that not only got hundreds of thousands of people killed and wasted billions of dollars, but that also ended up with the planner being captured in a “spider hole” and ultimately executed.  Remember, we’re not talking about entirely rational people here. We’re talking about “the resistance,” and those a party that is hostage to it. The circumstances of the Democrats’ lack of metaphorical WMDs are different in their details: the “resistance” had convinced themselves  that they would get damning evidence from the Mueller Investigation (Trump is a bad guy, so he must be guilty of something), but it provided nothing useful. The Democratic leadership is now trapped in a dangerous game that they think requires them to pander to and mollify a fanatic, anti-American, anti-democracy, furiously anti-Trump base, that is, as that description might suggest, irrational and destructive. Continue reading →

Our Untrustworthy, Perplexing, Depressing State Legislators

/ Jack Marshall / 63 Comments

As a passionate supporter of American democracy in both practice and theory, I find the proliferation of ignoramuses, fools and morons among both elected representatives and the voters who allow them to acquire access to the levers of power to be a constant source of discouragement. The old adage about democracy being the worst form of government except for all the others is scant consolation, true as it may be. I only tune in to the reliably idiotic goings on at the state legislature level when someone or some news story forces me to take a look, which I anticipate with enthusiasm akin to that I felt toward going down into our scary basement when I was a kid. (OK, up until I moved away at 21. OK, STILL.)

Here are two examples from today….that I know about.

Alabama took another step toward near-total abortion ban legislation, House Bill 314, the “Human Life Protection Act.”  The Republican-supported bill is  in  direct defiance of 1973’s Supreme Court  Roe v. Wade ruling, an obvious gambit to try to get the conservative Roberts court to overturn it. Grandstanding, obstinacy, call it what you will, this bill is futile, foolish, and incompetent. An outright reversal of Roe is not in the cards, not even in the most fevered fantasies of anti-abortion fanatics and pro-abortion absolutists. The new law, if it becomes a law, will be struck down by a the highest Alabama court, and won’t make it to the Supreme Court docket. It’s an illegal law, that’s all. A law reestablishing child labor or repealing female suffrage would have about as much chance of getting the Court’s attention.

If Roe is to be weakened or modified, it will occur incrementally, with the Court ruling on legitimately debatable regulations regarding when a fetus or unborn child qualifies for full Constitutional protection. It is understandable that ordinary, untrained, confused citizens might think that the way to remove established Court precedent is to directly oppose it with a state law, but  that’s because, for most of them, making laws isn’t their job. State legislators, on the other hand, have no excuse but their own lack of preparation for their civic duty, and ignorance. Continue reading →

Morning Ethics Warm-Up, 5/9/2019: Incompetence Parade!

/ Jack Marshall / 32 Comments

Good Morning!

1. Here, as if objective observers needed any more, is the definitive proof of what a dishonest, untrustworthy, biased partisan hack New York Times columnist Paul krugman is. Do present this to any of your Krugman-worshiping Facebook friends. I’m dying to hear their best spin attempts. It should be hilarious.

Yesterday, Krugman tweeted  a photo of the President awarding Tiger Woods the Presidential Medal of Freedom , and wrote,

I’m old enough to remember when Presidential Medals of Freedom were given for showing courage and making sacrifices on behalf of the nation and the world. Tiger Woods … hits golf balls for money.

Washington Free Beacon editor Andrew Stiles quickly compiled this partial list of recipients of the honor during Obama’s Presidency:

  • Michael Jordan
  • Kareem Abdul-Jabbar
  • Meryl Streep
  • Steven Spielberg
  • Robert Redford
  • Robert De Niro
  • Tom Hanks
  • Yo-Yo Ma
  • Bob Dylan
  • Stevie Wonder
  • Gloria Estefan
  • Barbara Streisand
  • James Taylor
  • Diana Ross
  • Bruce Springsteen
  • Warren Buffett
  • Tom Brokaw
  • Lorne Michaels

What does this teach us about Krugman? Well, let’s see…

—He doesn’t check his facts before shooting off his metaphorical yap.

—He is so biased against the President that his judgment is untrustworthy and useless except to anti-Trump fanatics.

—He flagrantly endorses double standards, condemning one President he hates for the exact conduct that he found unobjectionable from a President he supported.

—He’s an idiot. Any pundit with multiple brain cells firing would hesitate to set himself up for ridicule like this, and would automatically make sure his complaint was supported by reality.

—This is the quality of columnists the New York Times employs. Continue reading →

Mid-Day Moldy Ethics Snack, 5/8/2019: Bad Charge, Bad School, Bad Father

/ Jack Marshall / 15 Comments

Yechhh!

1. Do something, blame someone…In Plano, Texas, police have charged Lindsey Glass with violating a law making it a misdemeanor to negligently sell alcohol to a “habitual drunkard or an intoxicated or insane person,.” It seems she served Spencer Hight two gins, two beers and a shot of alcohol during two visits to the bar where she was working in September 2017, before Hight killed Meredith Hight and seven other people. After  police officers shot and killed him, an autopsy found that Hight’s blood alcohol level was about four times the legal limit. The  arrest affidavit said surveillance video shows  that Hight was unsteady, spun a “big knife on the bar,” and could be seen “pulling out a gun” from his waistband.

It’s a terrible charge, and an unethical prosecution.  Glass  texted a co-worker, another bartender, saying that Hight had been spinning the knife and told her had had to go “do some dirty work.” A report by the Texas Alcoholic Beverage Commission said  that the other bartender had called an owner of the bar, who instructed that  police should not be called. Glass was so concerned that followed Hight to his ex-wife’s home and then called 911, according to local station  Fox 4.

A lawyer for Glass emphasized  that his client had called 911 and said she had been commended by police. “It is shameful of the Plano Police Department to go after the person who was vital in trying to stop the horrific events of that evening,” he told Fox 4 and NBC in a statement. Exactly right. Police, spurred by public anger and frustration, want to find someone to blame. The fact that the drunk  went off and killed eight people is pure moral luck. It seems that the bartender went above and beyond her civic duty, at some personal risk, to follow Hight. She was originally commended by police for her actions. [Pointer: ABA Journal]
Continue reading →

And “The Resistance” Jumps The Shark! Pelosi Announces Mind-Bending Impeachment Plan P, and The Washington Post Launches Plan Q

/ Jack Marshall / 24 Comments

This is all so embarrassing—as an American and an advocate of Constitutional government, I’M embarrassed, and those perpetrating this fiasco have more to be embarrassed about than I do by far— and ridiculous that I am at a loss to describe it fairly. My head-exploding graphics don’t do it justice, and a mere train wreck photo is inadequate. I’m not even certain where to place the focus.

I was tempted to concentrate on the now not rationally disputable fact that if you can read Pelosi’s comments yesterday and consider Greg Sargent’s and Brian Klaas’s columns in the Washington Post and not think, “Holy Cow! These people have completely lost their minds!” you have passed, as the Phantom of the Opera was fond of saying, the point of no return, and your Trump hate and derangement have digested your brain.

This is so, so obvious now, but that’s not an ethics framing, and I’m looking for that. I was thinking about designating the entire Democratic Congress as “Incompetent Elected Officials Of The Month,” but that doesn’t quite encompass the enormity of what we are  witnessing. Similarly, calling the Post’s self-evident decision to put bringing down Trump over all professional standards as well as law, justice and common sense is minimized by calling it mere “mainsteam media bias,” as the Ethics Alarms tag would have it. This is more than that. This is a public display of insanity by those incapable of realizing what craziness is any more.

Did Donald Trump really drive them to this? “Mr. [Trump], are you that smart?”

Let’s start with Speaker Nancy Pelosi, who said

“Don’t tell anybody I told you this: Trump is goading us to impeach him. That’s what he’s doing. Every single day, he’s just like, taunting and taunting and taunting…We can’t impeach him for political reasons, and we can’t not impeach him for political reasons.We have to see where the facts take us.”

I could have made this gallactically unethical statement an”Unethical Quote of The Month,” but again, that would trivialize its significance. Of course, the statement  begins with a “Comnnie Chung,” an intentionally contradictory “don’t tell anyone I told you this”–what is that? A joke? A signal that Pelosi doesn’t take her own party’s impeachment mania seriously? I have no idea.

I do know, however, that the statement that the President is goading and taunting Democrats into impeaching him is as close as we will ever get to an outright admission that the President’s “high crimes and misdemeanors” consist of his being himself, daring to win the office, and existing on the planet. I’ve checked the POTUS twitter feed: he’s not talking about impeachment “every day” or saying anything that could rationally be interpreted as aimed at trying to goad Congress into taking that step. “The resistance”  regards the President’s existence as enough to justify impeachment. This is Pelosi’s Impeachment Plan P, a Mobius strip, alternate universe theory that says, “We have to impeach him because he’s daring us to and if we don’t, we let him win, but we can’t, but then he’ll win!” [You can find and review Plans A-O here.]

Who in their right mind says things like this in public? It’s like saying “I am  Monga, Empress of the Eels!” You only say it if you are confident your audience thinks you ARE  Monga, or you risk a visit by the men in white coats.

Yet Pelosi’s statement gets worse. “We have to see where the facts take us”—what “facts?” An excessive, disruptive, falsely-reported and dubiously executed investigation provided the facts, and because they do not support impeachment,  the Democrats want to look for more “facts,” they don’t know what, but they are sure they’ll justify impeachment. “Fariness, justice and competence” left the Democrats’ building long ago.

I’m now giving a spoiler on a post I’m working on about impeachment ethics, but this is not how impeachment works, was intended to work, or can work.

What the Constitution says and the Founders intended is that when a President, in office, commits “high crimes and misdemeanors” (“high” refers to crimes relating to the President’s high office, and also modifies “misdemeanors,” meaning that some acts by the President, because of his office and power, may be impeachable even if they are not technically crimes. They are misdemeanors in the general sense, not the legal sense: literally bad acts.), then it may be necessary to remove him from office because those acts make him inherently untrustworthy.

What the Democrats and “the resistance” have been trying to do since the 2016 election is the Bizarro World version of impeachment. Deciding immediately in the wake of their candidate’s defeat (based on no new information that the public didn’t have when it duly elected Trump) that the new President is untrustworthy and dangerous, they have been looking for something that could be used to impeach him. This was essentially what the post-Civil War Radical Republicans tried to do to President Andrew Johnson, and their near-miss failure has been interpreted by many historians (as well as “Profiles in Courage”) as saving the office of the Presidency and maybe the nation itself.

Pelosi’s statement has been mocked in various forums as “we have to pass a bill of impeachment to see what’s in it.”

Bingo.

Now let’s look at the Post’s pundits. Believe it or not, Greg Sargent makes this argument: The Democrats want to get Trump’s tax returns so they can look for something that might justify impeachment, but Trump might prevail in the courts and keep them private, because the courts could hold that Congress was “just rummaging through Trump’s returns to embarrass him and not for a legitimate legislative purpose.” That’s because this is exactly what Congress wants to do.  (I think that the courts rejecting the House’s subpoena is more than possible; it’s virtually certain.)

Democrats dare not take the chance that a court would reject its demand for Trump’s tax documents, because that loss would make Democrats look bad right before the 2020 elections. Ah, but if the Democrats start proceedings to impeach Trump first and then demand the tax returns as part of the inquiry, then they have a “legitimate purpose” to seek the returns!”

There it is: Impeachment Plan Q! Impeach Trump to get his taxes, and then use those taxes to impeach him! Brilliant!

Sargent says, in full derangement mode,

“Not getting Trump’s returns would allow him to get away with one of his most blatant acts of contempt for transparency, for the separation of powers and for the notion that basic accountability should apply to him at all.”

What? When did not providing the public with tax returns become an impeachable offense, since every President before Nixon did exactly that? Accountability for what? The IRS under multiple administrations examined Trump’s returns, and did not find any crimes. Sargent is just giving us “resistance” blather. Ann Althouse calls it “histrionic,” also a good word, and nicer than “nuts.” She writes,

“If the courts took the position Sargent is afraid of, it would be because the court was enforcing separation of powers, limiting Congress to the legislative role and protecting the Executive power from encroachment. Trump isn’t showing “contempt” for separation of powers. He’s taking a position on separation of powers. That position would either win or lose in court, and the court would give the final answer on the meaning of separation of powers.”

Greg Sargent is the model of rationality, however, compared to colleague Brian Klaas, who issues one false theory after another:

“So here’s a question for congressional leaders: Precisely how many crimes does someone have to commit before impeachment hearings are warranted? Does the person in question get a pass if it’s three or fewer? Was there some clause in the Constitution that I missed that says it’s okay for the president to direct a criminal conspiracy in certain circumstances? Is there a Federalist Paper that says the president can commit tax fraud so long as it was years ago, or that obstruction of justice is fair game so long as it happens on Twitter? To oppose impeachment hearings now, you have to believe that the president allegedly engaging in three separate categories of criminal acts isn’t serious enough to even consider impeachment. Really?”

How did a Post editor let this get published? There was no “conspiracy”; the Mueller report was unambiguous on that accusation. The “resistance’s” response is denial at this point, and to keep repeating Big Lies.

Where’s the “tax fraud”? The IRS’s job is to find tax fraud, and didn’t. Trump doesn’t fill out his own returns, and they were presumably examined with unusual care by the agency charged with that responsibility. How dare this hack state as fact that Trump engaged in tax fraud? Oh, he just “knows.” How many times have I heard that justification for impeachment?

And the obstruction claim…there’s no precedent in law or history for punishing opinions, tweeted or otherwise, as “obstruction of justice.” The Justice Department reviewed the evidence and determined that the obstruction theory was weak, ergo no obstruction of justice. Nor was there any underlying crime to try to cover-up by obstruction, and the investigation was not, in fact, obstructed in any way.

It is true that “the resistance” has become completely unhinged gradually, and it may be difficult to see the exact moment of complete detachment from reality, since the movement was hardly rational to begin with. Nonetheless,  that moment has definitely arrived