Law & Law Enforcement

About That “Secret Tape”…[UPDATED]

/ Jack Marshall / 25 Comments

From CNN:

“The FBI is in possession of a recording between President Donald Trump and his former personal attorney Michael Cohen in which the two men prior to the election discuss a payment to a former Playboy model who has alleged an affair with Trump, Rudy Giuliani and a source familiar with the matter told CNN Friday.

Cohen has other recordings of the President in his records that were seized by the FBI, said both a source with knowledge of Cohen’s tapes and Giuliani, who described the other recordings as mundane discussions. Another source with knowledge of the tape, however, said the conversation is not as Giuliani described and is not good for the President, though the source would not elaborate.”

Now here are some ethics matters that the news media would be obligated to tell you, if journalists were, you know, competent, objective, and fair:

  • It is equivocally unethical for a lawyer to surreptitiously record a client without the client’s knowledge or consent. Always, no exceptions. It is usually unethical for a lawyer to surreptitiously record anyone without their knowledge or consent, even in states that permit non-lawyers to do it.

Such conduct is a direct violation of the universal legal ethics rule that prohibits a lawyer from engaging ” in conduct involving dishonesty, fraud, deceit or misrepresentation.”

  • This fact is crucial to the story, and should be prominent in any discussion of it. I have not seen or heard this mentioned in any news reports.

Let me know if you do, please.

  • The recording is also privileged, which means that it was information that a client provided to his lawyer in the course of seeking legal services or advice. As such, it cannot be used as evidence, unless the client, in this case, President Trump, consents. The client owns the privilege, not the lawyer who received the information, and not other lawyers the client may have.

I haven’t seen this critical information explained in any of the news reports either. Continue reading →

Morning Ethics Warm-Up, 7/20/18: Out Of Bounds

/ Jack Marshall / 22 Comments

Good Morning!

1. Here is the level of logic and ethical reasoning the public is subjected to by the media: Here is NBC Sports blogger Bill Baer on why it is misguided for the Milwaukee Brewers not to punish relief pitcher Josh Hader—whose career crisis I discussed here–for tweets he authored when he was in high school seven years ago:

The “he was 17” defense rings hollow. At 17 years old, one is able to join the military, get a full driver’s license (in many states), apply for student loans, and get married (in some states). Additionally, one is not far off from being able to legally buy cigarettes and guns. Given all of these other responsibilities we give to teenagers, asking them not to use racial and homophobic slurs is not unreasonable. Punishing them when they do so is also not unreasonable.

A study from several years ago found that black boys are viewed as older and less innocent than white boys. A similar study from last year found that black girls are viewed as less innocent than white girls. Michael Brown, Tamir Rice, and Cameron Tillman, among many others, never got the benefit of the doubt that Hader and countless other white kids have gotten and continue to get in our society. When we start giving the same benefit of the doubt to members of marginalized groups, then we can break out the “but he was only 17” defense for Hader.

How many repeatedly debunked false rationalizations and equivalencies are there in that blather? It’s not even worth rebutting: if you can’t see what’s wrong with it…if your reaction is, “Hey! Good point! Why is it OK for a cop to shoot a teenager for charging him after resisting arrest, but not OK to suspend a ball player for dumb social media posts he made in high school?”…I am wasting my time. And NBC pays Baer as an expert commentator. It might as well pay Zippy the Pinhead.

2. Is this offensive, or funny? Or both? Increasingly, we are reaching the point where anything that is funny is offensive, thus nothing can be funny. The Montgomery Biscuits, the Tampa Bay Rays’ Double-A affiliates, will be hosting a “Millennial Night” this weekend, being promoted with announcements like this one: “Want free things without doing much work? Well you’re in luck! Riverwalk Stadium will be millennial friendly on Saturday, July 21, with a participation ribbon giveaway just for showing up, napping and selfie stations, along with lots of avocados.”

Apparently there has been a substantial negative reaction from millennials, and the indefinable group that is routinely offended on behalf of just about anyone.

Nonetheless, I agree with the critics. I think the promotion goes beyond good-natured to insulting. It’s like announcing a Seniors Night by guaranteeing free Depends and promising extra-loud public address announcements that will be repeated for the dementia-afflicted who forget what they just heard. [Pointer: Bad Bob] Continue reading →

Morning Ethics Warm-Up, 7/19/2018: The All-Denial Edition

/ Jack Marshall / 36 Comments

Good Morning!

On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no,  Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..

1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:

In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers  in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.

I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?

2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform.  “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”

He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.”  Continue reading →

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

/ Jack Marshall / 60 Comments

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading →

On “Chappaquiddick” And My Multiple “KABOOMS!” As I Watched It.

/ Jack Marshall / 10 Comments

I finally saw “Chappaquiddick” after delaying the ordeal as long as I could. It isn’t an ethics movie; nor is it the unethical movie I feared that it might be. What “Chappaquiddick” is a very discouraging movie, one that depressed me greatly. It is telling that the Kennedy Legacy Collective didn’t swoop down and try to kill the film, as it is devastating in it depiction of the late Senator. I can only assume that increased focus on what really happened in, say, a libel trial would only affirm the portrayals, and do more damage than a little-seen film alone.

Of course, the movie is open to attack by Kennedy defenders on the grounds that it speculates what Ted Kennedy was thinking, as well as on  the conversations that went on behind closed doors. Nonetheless, the bare fact that Senator Kennedy waited 10 full hours before reporting the accident that killed Mary Jo Kopechne to police has been damning enough since that summer day in 1969 without further elaboration. The cover story—no, we can’t prove it was a cover story, but it was a cover story—that Ted was dazed and in shock from a concussion and wandered around aimlessly, explaining his actions—was never credible, certainly not at my Arlington, Massachusetts home.

I experienced the film this week as a simultaneous flashback and a series of head explosions. I had forgotten the ridiculous neck brace Kennedy wore to Mary Jo’s funeral (but not before or after it); the film states that it was a prop, and I remember that this was the consensus at the time. My biggest head explosion? It was probably the statement of the Martha’s Vineyard judge who gifted Kennedy with the shortest sentence possible for the lesser offense the Senator agreed to plead to, which was leaving the scene of an accident. Kennedy got a two months suspended sentence, and the judge said that he would be “punished enough.” (If you are unfamiliar withe my opinion of THAT rationalization, you can check out this post from 5 years ago; I have another one somewhere about a father who let his baby die in a hot, locked car, and both people involved in those tragedies were less despicable than Ted Kennedy.) Punished enough? The judge presumably meant that Teddy would take a big hit to his White House aspirations, poor guy.

You know, I’d say that every citizen locked up for negligent homicide, which is the real crime Kennedy was guilty of, can kiss their Presidential aspirations good-bye.

KABOOM #2 was the film’s version of first thing out of Kennedy’s mouth when he began explaining the fateful night’s events to cousin and family lawyer Joe Gargan: “I’m never going to be President.” I can’t find substantiation for this; the line isn’t in the version of the screenplay on the web. The subsequent conferences with Kennedy advisors and fixers, however, showed callousness that was not much worse. The film took a lot of its facts from “Senatorial Privilege” by Leo Damore, which was written from interviews with Kennedy friends and relatives, including Gargan.  Kennedy  made over 30 phone calls from the hotel payphone, none of which involved rescuing Mary Jo.   His driving license had been expired for 6-months, so Kennedy’s fixers pulled the right strings and the DMV issued him a new license on that Sunday, before he surrendered to police.

My head blasted the third time watching the recreation of Ted’s nationally televised speech, written by Kennedy wordsmith Ted Sorensen. This is the real version; the movie shortens it quite a bit…

My fellow citizens:

I have requested this opportunity to talk to the people of Massachusetts about the tragedy which happened last Friday evening. This morning I entered a plea of guilty to the charge of leaving the scene of an accident. Prior to my appearance in court it would have been [im]proper for me to comment on these matters. But tonight I am free to tell you what happened and to say what it means to me.

On the weekend of July 18th, I was on Martha’s Vineyard Island participating with my nephew, Joe Kennedy — as for thirty years my family has participated — in the annual Edgartown Sailing Regatta. Only reasons of health prevented my wife from accompanying me.

On Chappaquiddick Island, off Martha’s Vineyard, I attended, on Friday evening, July 18th, a cook-out I had encouraged and helped sponsor for a devoted group of Kennedy campaign secretaries. When I left the party, around 11:15pm, I was accompanied by one of these girls, Miss Mary Jo Kopechne. Mary Jo was one of the most devoted members of the staff of Senator Robert Kennedy. She worked for him for four years and was broken up over his death. For this reason, and because she was such a gentle, kind, and idealistic person, all of us tried to help her feel that she still had a home with the Kennedy family.There is no truth, no truth whatever, to the widely circulated suspicions of immoral conduct that have been leveled at my behavior and hers regarding that evening. There has never been a private relationship between us of any kind. I know of nothing in Mary Jo’s conduct on that or any other occasion — and the same is true of the other girls at that party — that would lend any substance to such ugly speculation about their character. Nor was I driving under the influence of liquor.

Little over one mile away, the car that I was driving on an unlit road went off a narrow bridge which had no guard rails and was built on a left angle to the road. The car overturned in a deep pond and immediately filled with water. I remember thinking as the cold water rushed in around my head that I was for certain drowning. Then water entered my lungs and I actual felt the sensation of drowning. But somehow I struggled to the surface alive.

I made immediate and repeated efforts to save Mary Jo by diving into the strong and murky current, but succeeded only in increasing my state of utter exhaustion and alarm. My conduct and conversations during the next several hours, to the extent that I can remember them, make no sense to me at all.

Although my doctors informed me that I suffered a cerebral concussion, as well as shock, I do not seek to escape responsibility for my actions by placing the blame either on the physical and emotional trauma brought on by the accident, or on anyone else.

I regard as indefensible the fact that I did not report the accident to the police immediately.

Instead of looking directly for a telephone after lying exhausted in the grass for an undetermined time, I walked back to the cottage where the party was being held and requested the help of two friends, my cousin, Joseph Gargan and Phil Markham, and directed them to return immediately to the scene with me — this was sometime after midnight — in order to undertake a new effort to dive down and locate Miss Kopechne. Their strenuous efforts, undertaken at some risk to their own lives, also proved futile.

All kinds of scrambled thoughts — all of them confused, some of them irrational, many of them which I cannot recall, and some of which I would not have seriously entertained under normal circumstances — went through my mind during this period. They were reflected in the various inexplicable, inconsistent, and inconclusive things I said and did, including such questions as whether the girl might still be alive somewhere out of that immediate area, whether some awful curse did actually hang over all the Kennedys, whether there was some justifiable reason for me to doubt what had happened and to delay my report, whether somehow the awful weight of this incredible incident might in some way pass from my shoulders. I was overcome, I’m frank to say, by a jumble of emotions: grief, fear, doubt, exhaustion, panic, confusion, and shock.

Instructing Gargan and Markham not to alarm Mary Jo’s friends that night, I had them take me to the ferry crossing. The ferry having shut down for the night, I suddenly jumped into the water and impulsively swam across, nearly drowning once again in the effort, and returned to my hotel about 2:00am — and collapsed in my room. I remember going out at one point and saying something to the room clerk.

In the morning, with my mind somewhat more lucid, I made an effort to call a family legal advisor, Burke Marshall, from a public telephone on the Chappaquiddick side of the ferry and then belatedly reported the accident to the Martha[‘s] Vineyard police.

Today, as I mentioned, I felt morally obligated to plead guilty to the charge of leaving the scene of an accident. No words on my part can possibly express the terrible pain and suffering I feel over this tragic incident. This last week has been an agonizing one for me and for the members of my family. And the grief we feel over the loss of a wonderful friend will remain with us the rest of our lives.

These events, the publicity, innuendo, and whispers which have surrounded them and my admission of guilt this morning raises the question in my mind of whether my standing among the people of my State has been so impaired that I should resign my seat in the United States Senate. If at any time the citizens of Massachusetts should lack confidence in their Senator’s character, or his ability — with or without justification — he could not in my opinion adequately perform his duties and should not continue in office.

The people of this State, the State which sent John Quincy Adams, and Daniel Webster, and Charles Sumner, and Henry Cabot Lodge, and John Kennedy to the United States Senate are entitled to representation in that body by men who inspire their utmost confidence. For this reason, I would understand full well why some might think it right for me to resign. For me, this will be a difficult decision to make.

It has been seven years since my first election to the Senate. You and I share many memories — some of them have been glorious, some have been very sad. The opportunity to work with you and serve Massachusetts has made my life worthwhile.

And so I ask you tonight, the people of Massachusetts, to think this through with me. In facing this decision, I seek your advice and opinion. In making it, I seek your prayers — for this is a decision that I will have finally to make on my own.

It has been written:

“A man does what he must — in spite of personal consequences, in spite of obstacles, and dangers, and pressures — and that is the basis of all human morality……whatever may be the sacrifices he faces, if he follows his conscience — the loss of his friends, his fortune, his contentment, even the esteem of his fellow man — each man must decide for himself the course he will follow. The stories of the past courage cannot supply courage itself. For this, each man must look into his own soul.”

I pray that I can have the courage to make the right decision. Whatever is decided, whatever the future holds for me, I hope that I shall have — be able to put this most recent tragedy behind me and make some further contribution to our state and mankind — whether it be in public or private life.

Thank you and good night.

I had forgotten that Kennedy never apologized to the Kopechnes for getting their daughter killed. But he did use the recently departed Mary Jo as a convenient device to signal his virtue, standing up for her reputation, while being mostly concerned about his own. The poetic quote was a a typical Sorensen touch, and laying it on a bit thick: a Churchillian passage of dubious provenance that sainted brother Jack had used in his Pulitzer Prize-winning “Profiles in Courage”—which was, after all, written by Ted Sorensen.

The final series of head explosions occurred at the end, as the film showed archival footage of Massachusetts voters, Kennedy worshipers, most of them, talking about how “anyone can make a mistake” and what good things Ted and his dead brothers had done in the past, and how sure, they would vote for him again.

Of course, they did.

The modern progressive movement in the Democratic Party was substantially built on the career of this weak, corrupt man, the product of the triumph of nepotism, mythology, celebrity, money and privilege over merit and justice.

And people deny that there could have been any bias, political manipulation and corruption in the investigation of Hillary Clinton’s private server.

Kaboom.

Ken White Enlightens Us Regarding Judge Kavanaugh

/ Jack Marshall / 20 Comments

Libertarian, free speech specialist lawyer/blogger Ken White has some news for the anti-Brett Kavanaugh fanatics who are claiming that he will lead an evil Republican plot to take away our civil rights. In a Popehat post titled “You”ll Hate This Post on Brett Kavanaugh”, —which tells you a lot about his readers, don’t you think?—Ken demonstrates that he, unlike the reflex foes of President Trump’s distinguished nominee to replace Justice Kennedy on the Supreme Court, has done his homework, and has made a fair and objective analysis of Kavanaugh’s record on the crucial Constitutional issue of free speech.

His conclusion?

“In conclusion, Kavanaugh’s work on the D.C. Circuit show a judge strongly protective of free speech rights, and part of the trend of applying free speech doctrines both to classic scenarios and to government regulation. His stance on telecommunications and elections laws will get him painted as part of the “weaponize free speech” movement by results-oriented thinkers. He’s strong on First Amendment limits on defamation law and his approach to anti-SLAPP statutes do not, as some have suggested, signal that he wants to make defamation cases easier. But though he might help upset applecarts by applying the First Amendment to regulatory schemes, and will not uphold broad speech restrictions, he will likely not overturn doctrines that make it hard for individuals to recover for speech violations.”

Continue reading →

Sunday Morning Ethics Hangover, 7/15/2018: “Animal House” And The Death Of Truth [UPDATED!]

/ Jack Marshall / 42 Comments

Good Morning!

(WordPress isn’t working properly this morning. Perfect…)

1. Not being biased helps you be non-stupid…Yesterday, chatting with lawyer attendees at my ethics seminar, a former government attorney told me that he had several ex-FBI colleagues who were horrified at many aspects of the Peter Strzok hearings, as was he. Among their concerns:

  • The news media was failing its duty to explain to the public the duties of professionals, and why Strzok’s conduct was unacceptable, unethical, and undermined the credibility of the investigations he was involved in.
  • Democrats were defending the indefensible, and also breaching their duty to the public. They ought to be exactly as outraged as Republicans at a figure as demonstrably biased as Strzok polluting important law enforcement inquiries, and also should have rebuked him for his defiant attitude.
  • The Strzok scandal was immensely damaging to the public image of the FBI, and should be. It demonstrates an agency that has been seriously mismanages, and that has a damaged culture.
  • The simple fact that Strzok would use FBI equipment to send his texts demonstrated outrageous incompetence and lack of judgement. Even setting aside the bias issue, for a key figure in an investigation to behave so recklessly proves that the current FBI is untrustworthy.

Naturally this is gratifying, since the positions are all consistent with those I have expressed here, and also because they are correct.

2.  When miscreants emulate “Animal House” and Democrats applaud...We also discussed Strzok’s ridiculous “Otter defense”in the hearing, as he emulated the cynical (but in that case, funny) argument offered by the “Animal House” character played by Tim Mathieson (“Take it easy! I’m pre-law!” “I thought you were pre-med!” “What’s the difference?”) in a student council hearing over his fraternity members’ outrageous conduct, especially his own:

” Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests – we did. But you can’t hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you, Greg – isn’t this an indictment of our entire American society? Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America!”

This, of course, is exactly the disingenuous tactic employed by Strzok when he pronounced himself grievously offended that his accusers would dare to impugn the integrity of the FBI, knowing well that the harm done to his agency was entirely due to his own actions. Continue reading →

Ick Or Ethics? The Officers’ “Coin Flip”

/ Jack Marshall / 20 Comments

OK, it wasn’t really a coin flip, as many news sources inaccurately reported. And, true, there is no definitive evidence that the virtual coin flip two police officers allegedly resorted to in order to make the call whether to arrest a reckless driver or not actually was the reason they arrested her. It is even possible that they did the opposite of what the cell phone app told them to do.

Never mind. It’s still an interesting ethics story. I would make it an ethics quiz, except that I am sure of the answer.

Here is the background: In the city of Roswell,  outside of Atlanta on April 7,  Sarah Webb was running late for work. Police saw her go by at what they estimated was over 80 miles an hour, caught up to her, and told her she was diving recklessly, especially since the roads were wet.

She was arrested. Then it came out that this happened, (from the New York Times account):

In the footage of the arrest, the officers can be heard talking about what to do. One said that she had not been able to measure the exact speed of Ms. Webb’s vehicle but had to drive as fast as 90 miles per hour to catch up with her. Then she could be seen pulling out a phone.

“A, head. R, tail,” said one of the officers — A for arrest, or R for release.

“O.K.,” said the other.

Then a sound effect can be heard: a cartoonish chime and click, like a coin flipping and landing.

“This is tail, right?” said one officer.

“Yeah. So, release?” said another.

“23,” came the reply, referring to a police code for an arrest. Ms. Webb was handcuffed moments later.

In the aftermath, the charges were dropped and the officers involved have been suspended, with the police chief saying, “This behavior is not indicative of the hard-working officers of the Roswell Police Department. I have much higher expectations of our police officers and I am appalled that any law enforcement officer would trivialize the decision-making process of something as important as the arrest of a person.” Meanwhile, the reckless driver, in an exhibition that should at least be entered for the 2018 Gall of the Year award, is vocally claiming victimhood, saying, Continue reading →

I Don’t Know What You Call This, But I’m Pretty Sure It Isn’t “Honesty” Or “Integrity”…

/ Jack Marshall / 21 Comments

This embarrassing cretinism is why Americans have no respect for politicians, and it is the kind of utter nonsense that explains how a non-politician was able to win the Presidency. It also makes me giggle, I must confess, in light of the serious statement of late by a generally  perceptive commenter  here that “only one party plays by the rules,” meaning Democrats.

Sure.

Over the Fourth of July, Democrats indulged their more deranged radical base by encouraging calls to “abolish ICE.” The motto is a direct challenge to common sense, national security, national integrity, sovereignty, oh, lots and lots of things, but you know: “think of the children,” the President is a Nazi, all of that. Hey, politics is only about figuring out how to govern effectively and responsibly, so why not encourage policy insanity, if it lets “the resistance” blow off steam between episodes of harassing Republicans in grocery stores and restaurants?

Former Presidential candidate Sen. Bernie Sanders, I-Vt., attacked the U.S. Immigration and Customs Enforcement  as being a part of a “cruel, dysfunctional immigration system.”  Kirsten Gillibrand, D-N.Y. said that ICE “has become a deportation force” which should be abolished. She was joined by New York City’s socialist mayor Bill de Blasio, who called the agency “broken” and “divisive,” and tweeted that it should be abolished. Then the grandstanding Democrats really got carried away in their dishonest political science fiction theater: some of them actually submitted a bill to abolish ICE. The Establishing a Humane Immigration Enforcement System Act was introduced this week by Reps. Mark Pocan (D-Wis.), Pramila Jayapal (D-Wash.) and Adriano Espaillat (D-N.Y.), and was instantly supported by major Democratic Party leaders  like Sanders, Gillibrand, Senators Elizabeth Warren and Bernie Sanders, as well as the party’s’ new rock star, House candidate Alexandria Ocasio-Cortez.

And what did those mean old Nazi Republicans do to squash the illegal immigration lovers’ efforts? They announced that they will let the insane bill  go to the floor for a vote, thus forcing Democrats to go on record as opposing the enforcement of immigration laws, which the overwhelming majority of American citizens (aka “voters”) support.

The shocked response of the Democrats, having set a trap and fallen into it was priceless. They did a swell imitation of Jackie Gleason as Ralph Kramden, when he was caught in one of his foolish schemes…

On the day after the GOP agreed to put ICE’s existence to a vote, the always risible Ted Lieu (D-Cal) insisted that “Abolish ICE!’ was never meant to be a cry to abolish ICE. “Democrats who have said this are not saying abolish ICE and do nothing,” he humina-ed. “They’re saying we should have a new agency that has principles and values more consistent with what the American people believe.”  Ah. So Democrats saying that they wanted to abolish Immigration and Customs Enforcement really want Immigration and Customs laws enforced! Thanks for clarifying that, Ted, you pathetic weasel.

But Lieu was instantly outdone by the double-talking sponsors of the bill.  Reps. Mark Pocan of Wisconsin, Pramila Jayapal of Washington and Adriano Espaillat of New York—the Three Open Borderskateers who launched the faux  bill, told The Hill, 

“We know Speaker [Paul] Ryan is not serious about passing our ‘Establishing a Humane Immigration Enforcement System Act,’ so members of Congress, advocacy groups, and impacted communities will not engage in this political stun.If Speaker Ryan puts our bill on the floor, we plan to vote no and will instead use the opportunity to force an urgently needed and long-overdue conversation on the House floor.”

Interesting theory. If the Speaker “isn’t serious” about passing a Democratic bill up for a vote, then it’s not a real bill? Not a good bill? Not a statement of Democratic policy?  Said House Majority Whip Steve Scalise (R-La.), admirably suppressing a grin,  “I think everyone ought to be on record about where they stand on that issue.”

You see, and I know you can see, the Democrats who were calling for the abolishment of ICE were posturing, faking, lying. They were faking their indignation, and pandering in the certainty that they would never have to back up their words with actions.

Snarks Ann Althouse: “This story is the perfect illustration of the phrase ‘It’s all politics.'”

That’s a nice way of describing it.

From The Conservative Media: More Fake Stupid News

/ Jack Marshall / 62 Comments

Boy I’m tired of falling for this kind of click-bait on the conservative news websites.

“Hillary Clinton Says Supreme Court Nominee Brett Kavanaugh Will Bring Back Slavery” shouted the headline on a story at PJ Media by Tyler O’Neill.  Uh, no, that’s not really what she said. This is; Clinton told the American Federation of Teachers (AFT) at its national convention:

“Let me say a word about the nomination of Judge Kavanaugh to the Supreme Court,”  “This nomination holds out the threat of devastating consequences for workers rights, civil rights, LGBT rights, women’s rights — including those to make our own health decisions. It is a blatant attempt by this administration to shift the balance of the Court for decades and to reverse decades of progress,” the former Democratic presidential nominee declared. I used to worry that they [the Republicans] wanted to turn the clock back to the 1950s. Now I worry they want to turn it back to the 1850s.”

Says O’Neill, maybe with a straight face: “Clinton was clearly suggesting that Trump and Kavanaugh want to return to the days when slavery was legal in the South.”

What hypocrisy. Continue reading →