The Rep. Henry Cuellar Ethics Train Wreck

I had missed this story until one of Trump Deranged Facebook friends made an arch comment about me teaching “Presidential pardon ethics.” Huh, I wondered, what this old fool blathering on about now? It can’t be Biden’s advance pardons of his whole corrupt family because this guy never criticizes Democrats, so it must be something Trump did!” The Deranged have their uses: if Trump has done anything that by any possible stretch of the imagination could be bitched about, these people are like human Geiger-counters.

Sure enough, an op-ed in the Times came out yesterday called “The Pardon That Represents the New Era of Corruption.” [Gift link!] Wait, would that be President Clinton’s outrageous pardon of international fugitive from justice Marc Rich in exchange for a huge donation to the Clinton Library by his ex-wife? No. Democratic federal prosecutors Molly Gaston, who was part of the “Get Trump!” DOJ prosecution, and J.P. Cooney, special prosecutor Jack Smith’s deputy at DOJ, wrote the opinion piece because the President pardoned Representative Henry Cuellar, a Texas Democrat awaiting trial on federal bribery charges. Or perhaps it’s more accurate to say the wrote the opinion piece because they could see the potential in the story to impugn President Trump.

For good measure, to style the partisan hit job as “non-partisan,” the two prosecutors also attacked Hakeem Jeffries for praising Trump’s pardon of a Democratic House member. “Rather than be critical or perhaps stay silent, the House minority leader, Hakeem Jeffries, welcomed the pardon and engaged in shameful pandering, apparently to maintain Mr. Cuellar’s party loyalty,” they write. “Most disturbingly, Mr. Jeffries did so by attacking the legitimacy of the criminal case against Mr. Cuellar, publicly dismissing the indictment against him as “very thin.” As former federal prosecutors who spent our careers rooting out public corruption, we see this for the wagon-circling that it is. The jury’s detailed, 54-page, multicount indictment against Mr. Cuellar was anything but thin, and he should have had to stand trial before a jury of his peers.” They continue, “Mr. Jeffries’s embrace of Mr. Cuellar was a disturbing sign that Democratic leaders, when it is politically advantageous, may be willing to join in Mr. Trump’s degradation of the justice system.”

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More on Trump Derangement and I.C.E.

I still am noodling about how exactly to define Trump Derangement beyond listing the symptoms. I’d say, for example, that a retired and distinguished lawyer re-posting with favor a typical Occupy Democrats Facebook rant qualifies as one. This particular Occupy Democrat post—is that group worse than Move-On, better, or the same?—expressed outrage over “US citizen and Army veteran George Retes'” testimony to Congress over (if he is to be believed) a mistaken arrest and abusive treatment by I.C.E., as it mistook him as an illegal immigrant. Naturally, since he was recruited by Democrats to impugn the agency, my friend (and a somewhat famous classmate who has been engaging in what I would call borderline unethical conduct by regularly attacking his former client, President Trump) automatically accepted his account over that of Homeland Security, which in a release rebutted Retes’ claim as well as that of others who have been cited by critics as being falsely detained or arrested.

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Unethical Quote of the Week: Justice Ketanji Brown Jackson

“My understanding was that independent agencies exist because Congress has decided that some issues, some matters, some areas should be handled in this way by non-partisan experts, that Congress is saying that expertise matters — with respect to aspects of the economy, and transportation, and the various independent agencies that we have. So, having a president come in and fire all the scientists, and the doctors, and the economists, and the PhDs, and replacing them with loyalists and people who don’t know anything, is actually not in the best interest of the citizens of the United States.”

—-Justice Ketanji Brown Jackson, making the case for a technocracy that directly contradicts the structure of government dictated by that U.S. Constitution thingy, in her questioning of  U.S. Solicitor General D. John Sauer during this week’s oral argument in “United States v. Slaughter”.

As Professor Turley archly comments in his post on Jackson’s classically totalitarian belief that the proletariat can’t be trusted and must be guided by supposedly wise and beneficent “experts” (like her), “Jackson simply brushed aside the fact that the president is given authority to execute the laws and that the executive branch is established under the Constitution…The use of “real-world consequences” seems to overwhelm any true separation-of-powers protections for presidents against the administrative state. It also allows the Court to delve into effective policy or legislative impacts in support of the expert class over what are framed as ignorant or vengeful presidents.”

To state what should be obvious about the so-called “expert class,” they have proven themselves to be very partisan and therefore not sufficiently trustworthy for Congress to bestow on them “independence” from Presidential oversight within the Executive Branch. We have seen that experts like university professors and scholars are overwhelmingly biased and partisan, that scientists are biased and partisan, that doctors, lawyers, economists, psychologists, judges and, yes, ethicists are biased partisan. The concept of the non-partisan, independent expert is a convenient ideology-driven mythology, and anyone paying attention to what we have witnessed in our country, society, and culture over the past couple of decades has to admit that it is as believable as Santa Claus.

Let me add in closing that the arrogance and smug entitlement that radiates from Jackson’s “people who don’t know anything” is staggering, obnoxious, and ironic. She’s a Supreme Court Justice and apparently doesn’t know what the Constitution means…

Now THIS Is A Frivolous Lawsuit…

Ethics Alarms has mentioned before the fact that it is very difficult for a lawyer to violate Rule 3.1 in the Rules of Professional Conduct, which prohibits frivolous law suits and appeals. The ABA version of the rule, “Meritorious Claims & Contentions,” states,

“A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.”

Why is it hard to violate the rule? It is because even the most desperate “Hail Mary” law suits sometimes win. “Good faith” simply requires that the attorney bringing the suit honestly believes it might succeed, which means that it helps if he’s an idiot.

The last time Ethics Alarms suggested a law suit was sanctionably frivolous was in 2020, when Alan Dershowitz sued CNN for what was just typical sloppy, biased CNN reporting. The First Amendment protects news outlets from defamation suits by public figures unless the defamatory news is deliberate and malicious. I flagged another 3.1 violation in 2019, when a lawyer filed 49 appeals for the same client in a condo dispute despite the fact that multiple judges had rejected his arguments and said, in effect, “Don’t come back here again with this crap!”

Today I learned about a frivolous sexual harassment lawsuit by a female lawyer against another lawyer at her former firm. As an epitome of frivolity, it takes the metaphorical cake.

Her complaint alleged that the man ogled and stared at her, took photographs, and generally created a hostile work environment by his unwanted attentions.

The defendant is blind.

Pearl Harbor Day, 2025

Remember.

I have nothing unique to add about the attack by the Japanese on Pearl Harbor on this date in 1941, except to note that the lack of mention of it in the news media today is disheartening and, I believe, inexcusable. I’m estopped from complaining too much however: to my amazement and shame, Ethics Alarms has never devoted an entire post to the event since I began writing it 16 years ago. I’ll begin my amends now.

Here is the History Channel’s article on the attack, one of the rare, epochal  events of which it can be said without dispute changed everything….

On December 7, 1941, at 7:55 a.m. Hawaii time, a Japanese dive bomber bearing the red symbol of the Rising Sun of Japan on its wings appears out of the clouds above the island of Oahu. A swarm of 360 Japanese warplanes followed, descending on the U.S. naval base at Pearl Harbor in a ferocious assault. The surprise attack struck a critical blow against the U.S. Pacific fleet and drew the United States irrevocably into World War II.

With diplomatic negotiations with Japan breaking down, President Franklin D. Roosevelt and his advisers knew that an imminent Japanese attack was probable, but nothing had been done to increase security at the important naval base at Pearl Harbor. It was Sunday morning, and many military personnel had been given passes to attend religious services off base. At 7:02 a.m., two radar operators spotted large groups of aircraft in flight toward the island from the north, but, with a flight of B-17s expected from the United States at the time, they were told to sound no alarm. Thus, the Japanese air assault came as a devastating surprise to the naval base.

Much of the Pacific fleet was rendered useless: Five of eight battleships, three destroyers, and seven other ships were sunk or severely damaged, and more than 200 aircraft were destroyed. A total of 2,400 Americans were killed and 1,200 were wounded, many while valiantly attempting to repulse the attack. Japan’s losses were some 30 planes, five midget submarines, and fewer than 100 men. Fortunately for the United States, all three Pacific fleet carriers were out at sea on training maneuvers. These giant aircraft carriers would have their revenge against Japan six months later at the Battle of Midway, reversing the tide against the previously invincible Japanese navy in a spectacular victory.

The day after Pearl Harbor was bombed, President Roosevelt appeared before a joint session of Congress and declared, “Yesterday, December 7, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.” After a brief and forceful speech, he asked Congress to approve a resolution recognizing the state of war between the United States and Japan. The Senate voted for war against Japan by 82 to 0, and the House of Representatives approved the resolution by a vote of 388 to 1. The sole dissenter was Representative Jeannette Rankin of Montana, a devout pacifist who had also cast a dissenting vote against the U.S. entrance into World War I. Three days later, Germany and Italy declared war against the United States, and the U.S. government responded in kind.

Unethical AI Use of the Month

In Great Britain, an A.I. generated image that appeared to show major damage to Carlisle Bridge in Lancaster prompted authorities to halt trains following a minor earthquake. The tremor was felt across Lancashire and the southern Lake District. After the image appeared on-line, Network Rail ended rail service across the bridge until safety inspections had been completed. The delay inconvenienced commuters and wasted public funds. Here is the bridge and the bot-built fake version:

As far as we know a human being was behind the hoax, not a mischievous bot. But A.I. is almost certainly going to challenge Robert Heinlein’s famous declaration that “There are no dangerous weapons; there are only dangerous men,” in addition to the fact that there are also a lot of dangerous women out there too.

ChatGPT has been accused of encouraging people to commit suicide, for example, and Professor Jonathan Turley wrote that ChatGPT defamed him for reasons yet to be determined.

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Awww! The Knucklehead Is Offended By the “R-Word”!

Good!

Tim Walz, the self-proclaimed knucklehead governor of woke-addled Minnesota, is complaining that mean people have been driving by his home and shouting “retard” out their windows. “This creates danger,” the censorship supporting governor said yesterday. “… I’ve never seen this before: people driving by my house and using the R-word in front of people. This is shameful, and I have yet to see an elected official — a Republican elected official — say you’re right, that’s shameful.”

“We know how these things go,” the hypocrite added. “It starts with taunts; they turn to violence.” Oh. You mean like you and your party calling Donald Trump Hitler, calling ICE agents Nazis, and Republican fascists? Funny, I don’t recall Walz making this argument after Trump had two assassination attempts against him and Charlie Kirk was shot dead during a speech.

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Another Christmas, Another False “Mary and Joseph Were Illegal Immigrants” Analogy…

“Holy morons, Batman!”

The Lake Street Church of Evanston has erected a Christmas manger scene on its lawn that “reimagines the nativity as a scene of forced family separation, drawing direct parallels between the Holy Family’s refugee experience and contemporary immigration detention practices.”

Other than the reality that Jesus’s mother and her husband were not in any sense of the word refugees, as they were traveling from one part of the Roman Empire to another, and the even more relevant reality that this was over 2,000 years ago in a different culture and time that make attempted comparisons with modern immigration policies, problems and legal enforcement ludicrous, it’s a great point!

Defaulting to the Bible and religion as the cheapest “appeal to authority” imaginable is persuasive evidence of a lack of genuine arguments and an IQ deficit, or perhaps a cynical desire to confuse the intellectually deprived. In either case, its an abuse of Christmas. Indeed, the defenders of illegal immigration literally have no valid justification for their beliefs at all. A church that would engage in this cynical, ahistorical deception can’t be trusted.

And now…a song!

On the Venezuelan Drug Boat “Double-Tap” Controversy

President Trump’s controversial policy of destroying vessels from Venezuela smuggling drugs into the U.S. is now the latest example of the Axis of Unethical Conduct’s desperation search for bogus issues with which to impugn the President and his administration. Let’s see, we have: not “bringing down prices” that cannot come down after the last Administration caused 9% inflation; “cruelly” deporting illegal immigrants, including criminals; improving the White House with a long-needed ballroom; the President saying exactly, if intemperately, what six Democrats did by urging the military to defy its Commander-in- Chief; the Department of War requiring journalists not to leak sensitive information illegally provided by Deep State operatives…I’m sure I left out some. Now the Trump is defending the legality of a September 2 attack on a boat in the Caribbean Sea where a second missile strike was ordered that killed survivors of the first strike.

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Larry Bushart, Justin Carter, Josh Pillault: Martyrs To Anti-Gun Fearmongering and School Shooting Hysteria [Corrected]

Larry Bushart, a 61-year-old retired police officer living in Lexington, Tennessee, who ended up in jail for 37 days for posting a meme on social media post that some hysteric took to be a threat to shoot up a school. His was a particularly head-scratching case of the wild over-reaction to stupid and vicious comments about Charlie Kirk after his assassination.

The Bushart case reminded me that I had never learned (or written about…I’m sorry) the resolution of the far worse case of Justin Carter, a Texas teenager (above) who was arrested in 2013 for commenting on Facebook with a fellow gamer, “Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol. jk.” A Canadian jerk who read the exchange decided to report Justin to the Austin police, who then arrested him–he was 18 at the time—searched his family’s house, and charged him with making a “terroristic threat.”

I wrote a great deal about the case in 2013, beginning with this post, “The Persecution Of Justin Carter And The Consequences Of Fear-Mongering: If This Doesn’t Make You Angry, Something’s The Matter With You.” I just re-read it: I blamed the teen’s abuse on the Obama Administration’s exploitation of the Newtown school shooting to create sufficient anxiety among parents to move the metaphorical needle on gun control, and I was right. Where I was wrong was in not keeping Ethics Alarms readers updated on Carter’s fate, though I referred to his case as recently as 2018.

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