Morning Ethics Warm-Up, 12/13/2019: Defending Bette, Not Defending Cuba Or The Giant Christmas Penis….

Good Morning!

1. Regarding the President’s military pardons. This story is now a month old, and my post about it got derailed, so let me be brief. The uproar over these pardons was overblown, and yes, by the media. I never read any mention in the various reports, for example, about how Jimmy Carter, then Governor of Georgia,  announced his outrage when Lt,  William Calley was sentenced to life imprisonment for murdering 22 unarmed South Vietnamese civilians in the My Lai Massacre . Carter instituted American Fighting Man’s Day in support of Calley, and asked Georgians to drive for a week with their lights on.  Calley only served seven years of his sentence.

It is important for the military to insist on discipline, and I think President Trump was wrong to interfere with it in these cases. Each of them has a different set of facts, but the President’s statement about the inherent unfairness of training human beings to kill, placing them in deadly situations and unimaginable stress, and then punishing them when their fury and programmed violence erupts in illegal violence and other acts (like posing in a photo with a dead enemy  combatant) has validity. My father, who had been in combat in World War II, regarded such crimes as the equivalent of “battle fatigue.” He hated General Patton for slapping the GI suffering from what we now call Post Traumatic Stress Syndrome in a field hospital, and felt that harshly punishing soldiers for the kinds of incidents Trump’s beneficiaries engaged in was wrong and hypocritical.

Any time any convicted American is pardoned, there are arguments that clemency undermines the justice system. In the end, this is a policy dispute. The military has good reasons to object to such pardons, but President Trump’s decision is defensible, and would probably be considered so if he were anyone else.

2.  Cuba Gooding, Jr. is now in Bill Cosby territory. Seven more women have come forward to accuse the popular actor of sexually assaulting them. This brings the total number of accusers up to 22.

In one court filing, a woman alleges that after she met Mr. Gooding at the Sundance Film Festival in Park City, Utah, in 2009, he took her to a concert, where he began to kiss her in a secluded hallway as she was attempting to leave. Then he placed his hands on her buttocks, and pushed onto her crotch so forcefully that her tights ripped.  The woman bit Mr. Gooding’s cheek so she could escape. Another woman accused the 51-year-old Gooding of sliding his hand down her pants and grabbing her buttocks at a restaurant in 2011. Yet another accuser says that he grabbed her vagina twice at a restaurant in  in 2016, according  the court filings.

Gooding’s legal team argues that the new claims are from women looking to cash in  due to his celebrity status. maybe, but history and experience suggests otherwise.

Whatever the culture is that gives men the idea that they can act like this and that there is nothing wrong with it needs to be rejected, since it obviously came special delivery from Hell. I would no more have done any of those things, even in the prime of youth, than I would have ridden a pogo stick into church with a wombat on my head. I assumed everyone was raised like that. Continue reading

Even MORE Of The Kinds Of Things That Would Have Been On A Full-Time Impeachment News And Commentary Blog…

1 . You know I can’t let this pass: New Age guru and cool Democratic Presidential candidate Marianne Williamson tweeted out both fake news and, given her number of followers and <cough> far more effective disinformation for the kind of idiots who believe Russian bots than any foreign mischief-maker on Facebook:

She only could believe this absurd “report” if  a) she was so ready to believe anything bad about this President that literally nothing could be too absurd to swallow, and b) if she was so irresponsible that she would tweet it to her gazillion followers without checking.  It seems that she read a phony article published on Nov. 16 by MoronMajority.com. by the light of her lava lamp, after itwas then picked up by  the Daily Kos, which could easily use the name “MoronMajority.” After pulling down the tweet, Williamson had the chutzpa to write she wrote that we had to be vigilant against “big lies” in the coming campaign….you know, like hers.

2. Then there is this from Rep. Al Green, who was calling for Trump’s impeachment, and entered resolutions to that effect, long, long before there was any Ukraaine phone call:

Rep. Al Green (D-TX) said on Saturday during an interview on MSNBC that President Donald Trump needed to be impeached “to deal with slavery.”Green, who has previously stated that Trump must be impeached or else “he will get reelected,” said this week that there is “no limit” to the number of times that Democrats can try to impeach the president.

In other words, he is just like every other House Democrat, just not as subtle. And perhaps a little bit more stupid. Asked to explain what slavery has to do with impeachment, Green replied,

I do believe, ma’am, that we have to deal with the original sin. We have to deal with slavery. Slavery was the thing that put all of what President Trump has done lately into motion.We cannot overlook what happened when he came down the escalator and just demeaned people of color when he talked about the s-hole countries. It’s insidious … racism, the president has played on racism and he’s used that as a weapon to galvanize a base of support to mobilize people.So, I appreciate whatever we will do, but until we deal with the issue of invidious discrimination as a relates to [the] LGBTQ community, the anti-Semitism, the racism, the Islamophobia, the transphobia, and also the misogyny that he has exemplified, I don’t think our work is done.

Ah! Now he sounds more typical. This is, of course, Big Lie #4, “Trump is a racist.” John Hinderaker correctly notes on his blog:

Green’s rant is valuable, not because it makes any sense, but because it gives us a window into the Democrats’ real motive for wanting to impeach the president–sheer hatred over political differences. Combined, of course, with the realization that in all probability, he will be re-elected next year if they do not succeed in evicting him from office.

How long can the news media and the public fail to acknowledge this? Continue reading

If I Had Been Able To Swing A Full-Time Impeachment News And Commentary Blog, These Kind Of Things Would Have Been On It…

I. In the House impeachment Report, Chairman Nadler really and truly says this:

“The question is not whether the President’s conduct could have resulted from permissible motives. It is whether the President’s real reasons, the ones in his mind at the time, were legitimate. Where the House discovers persuasive evidence of corrupt wrongdoing, it is entitled to rely upon that evidence to impeach.”

Such an attitude and approach is smoking gun evidence of a rogue process. The President, of course, has not been interviewed, questioned or cross examined. His “real reasons” can only be a matter of speculation, based on the confirmation biases of his prosecutors. In ethics, motives just confuse the issue, because all human actions have complex and interacting motives. In law, malum in re, that is, objectively bad intent, often defines a crime (such as murder), but a legal action does not become illegal because the actor has some wrongful intentions, just as an illegal action doesn’t become legal because the malefactor meant well. For leaders, those who deal in power, distinguishing between rightful and wrongful acts based on motives is particularly difficult, if not impossible.

I suppose Nadler should be praised for candor, but the state of mind of Trump’s inquisitors could not be less trustworthy or more irresponsible. They believe the President to be corrupt, thus they interpret conduct by him which literally any other President could have (and has) engaged in without criticism or condemnation (except on a policy prudence basis) as impeachable. This has been the presumption from the beginning of his Presidency. No leader can function properly in such an environment….which was the idea. Continue reading

Written Statement of Prof. Jonathan Turley: “The Impeachment Inquiry Into President Donald J. Trump: The Constitutional Basis For Presidential Impeachment” [PART IV]

The press wanted Andrew Johnson impeached, too…

This section of Turley’s masterpiece covers the various “obstruction of justice” claims. The conclusion:

“Basing impeachment on this obstruction theory would itself be an abuse of power. . . by Congress. It would be an extremely dangerous precedent to set for future presidents and Congresses in making an appeal to the Judiciary into “high crime and misdemeanor.”

Boy, Turley did a terrific job…

B.  Obstruction of Justice

 Another crime that was sporadically mentioned during the House Intelligence hearings was obstruction of justice or obstruction of Congress. Once again, with only a few days to prepare this testimony and with no public report on the specific allegations, my analysis remains mired in uncertainty as to any plan to bring such a claim to the foundational evidence for the charge. Most of the references to obstruction have been part of a Ukraine-based impeachment plan that does not include any past alleged crimes from the Russian investigation. I will therefore address the possibility of a Ukraine-related obstruction article of impeachment. However, as I have previously written, I believe an obstruction claim based on the Mueller Report would equally at odds with the record and the controlling case law. The use of an obstruction theory from the Mueller Report would be unsupportable in the House and unsustainable in the Senate. Once again, the lack of information (just weeks before an expected impeachment vote) on the grounds for impeachment is both concerning and challenging. It is akin to being asked to diagnose a patient’s survivability without knowing his specific illness.

Obstruction of justice is a more broadly defined crime than bribery and often overlaps with other crimes like witness tampering, subornation, or specific acts designed to obstruct a given proceeding. There are many federal provisions raising forms of obstruction that reference parallel crimes. Thus, influencing a witness is a standalone crime and also a form of obstruction under 18 U.S.C. 1504. In conventional criminal cases, prosecutions can be relatively straightforward, such as cases of witness intimidation under 18 U.S. 1503. Of course, this is no conventional case. The obstruction claims leveled against President Trump in the Ukrainian context have centered on two main allegations. First, there was considerable discussion of the moving of the transcript of the call with President Zelensky to a classified server as a possible premeditated effort to hide evidence. Second, there have been repeated references to the “obstruction” of President Trump by invoking executive privileges or immunities to withhold witnesses and documents from congressional committees. In my view, neither of these general allegations establishes a plausible case of criminal obstruction or a viable impeachable offense.

In the Mueller report, Assistant Attorney General found no cognizable case was presented for an allegation of obstruction of justice. Many members of this Committee heralded the selection of Rosenstein as a consummate and apolitical professional who was responsible for the appointment of the Special Counsel. He reached this conclusion on the record sent by Mueller and, most importantly, the controlling case law. As with the campaign finance allegation discussed in this testimony, an article based on obstruction in the Russian investigation would seek the removal of a President on the basis of an act previously rejected as a crime by the Justice Department. Many of us have criticized the President for his many comments and tweets on the Russian investigation. However, this is a process that must focus on impeachable conduct, not imprudent or even obnoxious conduct. Continue reading

Morning Ethics Warm-Up, 12/5/2019: Post Impeachment Hearing Meltdown Edition

Good Morning!

Somehow a picture of the so-called “unicorn puppy,” appropriately named “Narwhal,” seems appropriate today. The Democratic Party/”resistance”/mainstream media has been pushing its corrupt impeachment plot on the assumption that sufficient Trump-haters would find it cute, but as of yesterday the undemocratic motives and ugliness of the effort stood out like a tail on a puppy’s face. You can’t hide it, and lots of people will convince themselves that it’s attractive. But rationally, the damn thing has to come off.

1. On the Stanford law professor’s joke about Barron Trump’s name. Oddly, perhaps the most harmless part of the otherwise embarrassing testimony of Stanford constitutional law professor Pamela S. Karlan yesterday became the most controversial. “While the president can name his son Barron, he can’t make him a baron,” she said.

HAHAHAHAHA! Good one, professor! Gratuitous and completely irrelevant to the issues at hand,  but hey, anything to throw fish to the seals! Based on the outrage around the conservative media, most of which only referenced this knee-slapper without quoting it, I assumed that she had actually insulted the teenager.  I kept reading about how this was one more example of the double standard: using Obama’s daughters for political warfare was off limits, but now this mean professor was getting laughs from Democrats by making fun of Barron Trump. Laura Ingraham tweeted that this joke was guaranteed to turn the public against the impeachment farce for good. (I don’t think so, Laura. You should get out more.) Naturally the First Lady piled on, tweeting at the professor, “A minor child deserves privacy and should be kept out of politics. Pamela Karlan, you should be ashamed of your very angry and obviously biased public pandering, and using a child to do it.” Trump 2020 national press secretary Kayleigh McEnany went even more overboard:

“Only in the minds of crazed liberals is it funny to drag a 13-year-old child into the impeachment nonsense,” she wrote. “Pamela Karlan thought she was being clever and going for laughs, but she instead reinforced for all Americans that Democrats have no boundaries when it comes to their hatred of everything related to President Trump. Hunter Biden is supposedly off-limits according to liberals, but a 13-year-old boy is fair game. Disgusting. Every Democrat in Congress should immediately repudiate Pamela Karlan and call on her to personally apologize to the president and the first lady for mocking their son on national TV.”

Oh come ON. Continue reading

Morning Ethics Warm-Up, 12/4/19: Trump Derangement And The Bad Guys

 

Good Morning!

1. Quote of the Day: David Bernstein on Instapundit: “What do you call a candidate pool with too women, a gay man, a jew, a half-Jew, and a Catholic?  If you’ve drank a certain type of Kool-Aid, you can this “not diverse”–even though there has been only one Catholic president, and no gay, Jewish, or woman presidents. The obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.”

Well, of course the problem is “white”: the Democratic party has been demonizing whites for years, and anti-white bigotry is accepted and even cheered. I also disagree  that the “obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.”  I can think of worse features, but it’s certainly a bad one.

2. Now THIS is Trump Derangement!Long time Leftist wacko Amanda Marcotte persuaded the fast-sinking Salon tp publish her screed headlined, “How Donald Trump ruined Christmas: I won’t celebrate this year, and he’s why: My enthusiasm for the Christmas season was always weak. Amid the ugliness of Trump’s America, it’s disappeared.”

Her lament fits squarely into Big Lie #5 (“Everything is terrible.”) What is amusing and telling is that even though Salon’s readership is as hard left as the site, virtually every comment on her piece is negative. Here is the first one to come up, but the rest pretty much echo it:

Summary: The author is an atheist who doesn’t even believe in the central premise of Christmas, doesn’t have a great relationship with her family, and never really put forward an effort to celebrate the holiday in the past, but somehow Trump has ruined Christmas. She still likes Thanksgiving, however, because it has fewer cultural attachments.

Reaction: How in the world something this mind-bendingly stupid managed to get published by a major company is beyond me, and it’s an example of how the fanatical left has adopted a rhetoric of self-perpetuating trauma around this presidency. “How dare you vote for Trump because it makes me sad! Yes, linoleum makes me sad too, but especially Trump!” It is as if, somehow, they consider the rest of the country responsible for making sure that no part of their eggshell-tranquility is maintained, regardless of the fact that their fragility is entirely of their own making. News flash: No one cares.

Continue reading

Comment Of The Day: “Pre-Thanksgiving Day Ethics Wrap-Up, 11/27/2019”

Presidential Thanksgiving Addresses, which used to be a big deal but which have fallen by the wayside. Winston Churchill had a memorable one too, on November 23, 1944:

We have come here tonight to add our celebration to those which are going forward all over the world, wherever allied troops are fighting in bivouacs and dugouts, on battlefields, on the high seas, and the highest air. Always this annual festival has been dear to the hearts of the American people. Always there has been that desire for thanksgiving, and never, I think, has there been more justification, more compulsive need than now.

It is your Day of Thanksgiving, and when we feel the truth of the facts which are before us, that in three or four years the peaceful, peace-loving people of the United States, with all the variety and freedom of their life in such contrast to the iron discipline which has governed many other communities – when we see that in three or four years the United Sates has in sober fact become the greatest military, naval, and air power in the world – that, I say to you in this time of war, is itself a subject for profound thanksgiving.

We are moving forward in this struggle which spreads over all the lands and all the oceans; we are moving forward surely steadily, irresistibly, and perhaps with God’s aid, swiftly towards victorious peace.

There again is a fitting reason for thanksgiving, but I have spoken of American thanksgiving. Tonight here, representatives of vaster audiences and greater forces moving outside this hall, it is British and American thanksgiving that we may celebrate today. And why is that? It is because under the compulsion of mysterious and all-powerful destiny we are together.

We are joined together, shedding our blood side by side, struggling for the same ideals, and joined together until the triumph of the great causes which we serve has been made manifest.

In her Comment of the Day, on “Pre-Thanksgiving Day Ethics Wrap-Up, 11/27/2019,”Alizia points us to one of Abe Lincoln’s Thanksgiving speeches:

The Proto-Fascist Lincoln wrote:

“Now therefore I do recommend and assign Thursday the 26th day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be—That we may then all unite in rendering unto him our sincere and humble thanks—for his kind care and protection of the People of this Country previous to their becoming a Nation—for the signal and manifold mercies, and the favorable interpositions of his Providence which we experienced in the course and conclusion of the late war—for the great degree of tranquillity, union, and plenty, which we have since enjoyed—for the peaceable and rational manner, in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted—for the civil and religious liberty with which we are blessed; and the means we have of acquiring and diffusing useful knowledge; and in general for all the great and various favors which he hath been pleased to confer upon us.”

The first assertion I would make is that we now live in outcomes of the Civil conflict of the mid-1800s. Some historian, I forget who, said that the Civil War or War Between the States was the ‘defining event’ that frames everything. When I heard it, I didn’t understand. Now I think I understand better.

There are many aspects to this, of course, but the one that most strongly comes to my mind is this imperious (that is how I see it) declaration made by President Lincoln which is a rhetorical marvel but, in fact, a group of powerful lies. Did the ‘glorious being’ desire that a civil war divide a people? Did the glorious being ‘give thanks’ that 700,000 men were killed as a result of an internal war that fractured the Republic? Was the ‘glorious creator’ standing behind the North in its imperious claim to define a ‘nation’ whose identity it would control? The questions could go on & on & on… Continue reading

Remembering John Simon (1925-2019 ): The Day The Meanest Critic Alive Made Me Happy

John Simon, who died three days ago at the age of 94, was known as a merciless, even cruel cultural critic.  From the Times obituary:

John Simon [was]one of the nation’s most erudite, vitriolic and vilified culture critics, who illuminated and savaged a remarkable range of plays, films, literature and art works and their creators for more than a half-century…In an era of vast cultural changes, Mr. Simon marshaled wide learning, insights and acid wit for largely negative reviews and essays that appeared in New York magazine for nearly 37 years…In a style that danced with literary allusions and arch rhetoric…he produced thousands of critiques and a dozen books…While English was not his native language, he also wrote incisive essays on American usage, notably in the 1980 book “Paradigms Lost: Reflections on Literacy and Its Decline.”

I met him exactly once (and we later had an online exchange), but in that single encounter he said something that meant a great deal to me, and that I will never forget.

As a drama critic, Simon made Frank Rich seem like an old softy. I don’t care for his kind of critiques, applying rarefied personal standards so divorced from the average audience member that they give no guidance at all. Simon was fun to read if you had no stake in the play or movie he was trashing, but those who worked full-time in show business generally hated him, and it is no wonder.  In one compilation of his reviews, “Reverse Angle: A Decade of American Films” (1982), he was positive about just 15 of the 245 films he discussed.  William F. Buckley .quipped that Simon “reviewed movies in the same sense that pigeons review statues.”

He was accused of being racist, misogynist, homophobic or grossly insensitive,  denied being any of those things, and argued that no person or group was above criticism, especially those who, in his view, lacked talent and covered themselves in mantles of race, ethnicity, gender or sexual identity and used them to claim preferential treatment in the marketplaces of culture. But some of his quotes resonate with me:

  • “I do not like uniforms. I do not like people who are a professional this, that or the other. Professional writers, actors and singers are O.K., but I don’t like professional Jews, professional homosexuals, professional blacks, professional feminists, professional patriots. I don’t like people abdicating their identity to become part of some group, and then becoming obsessed with this and making capital of it.”
  • “My greatest obligation is to what, correctly or incorrectly, I perceive as the truth. Kästner says, in essence, ‘All right, the world is full of idiots and they’re in control of everything. You fool, stay alive and annoy them!’ And that, in a sense, is my function in life, and my consolation. If I can’t convince these imbeciles of anything, I can at least annoy them, and I think I do a reasonably good job of that.”

In 1998, my now retired  professional theater company, The American Century Theater, was in the midst of its 1998 production of “Lady in the Dark,” the 1940 experimental musical by Moss Hart, Ira Gershwin and Kurt Weill. At that time, it was the first full run of the show since the original had closed on Broadway.  Our star, Maureen Kerrigan, informed me that her old room mate was married to the terrifying John Simon, and that both had traveled from New York to see her in the next day’s  Sunday matinee performance. Simon was infamously disdainful of musicals, and once described a guaranteed Broadway hit as “A loud, vulgar musical about Jewish Negroes.”

This was not happy news. We had already gotten our usual pan from the Post, which had no interest in our mission of producing American stage works at least 25 years old that had fallen out of the professional theater repertoire. Now we were going to be eviscerated by John Simon. He was used to watching all-Actors Equity productions in 2000 seat theaters, with multi-million dollar budgets. Our show had what I considered to be an excellent cast, but only Maureen was Equity. We did have a brilliant director—me. Somehow I doubted Mr. Simon would appreciate our talents.

After all, it was a production of a lavish show with a huge cast in a small black box theater seating 130 at best, with a full orchestra crammed behind scenery, on a budget about 1% of what the opus would take to do justice to now. I was expecting to be humiliated.

Simon watched the performance with a critic’s poker face, and afterwards, never inquiring about his verdict,  I volunteered to drive him and his wife to the airport. They both sat in stony silence for most of the trip, and then Simon suddenly said, “I’m very glad I saw your production.”

“Why is that?” I asked. He said, “I saw the Encores production, the concert version, several years ago, and I found it incomprehensible. I wrote in my review then that “Lady in the Dark” shouldn’t be revived. Now that I’ve see the whole thing, I realize I was wrong: it deserves to be revived and get a full production. Thank-you.”

Well,  that was the whole reason we started TACT: to give audiences a chance to see American shows that weren’t being produced, and to demonstrate why they shouldn’t be forgotten. Coming from maybe the toughest, most demanding critic who ever lived, Simon’s statement was high praise. And, of course, I knew he wasn’t just saying it to be nice, because he didn’t care about being nice.

I will always be grateful to John Simon for making me feel like the theater and the dedicated “Lady in the Dark” cast and production staff accomplished something important, when he, unlike so many in the theater, didn’t hand out praise indiscriminately.

Addendum: This is as good as anywhere to finally confess that having my young, struggling theater company take on one of the most famously difficult and complex musicals of all time was reckless and irresponsible. We were always dangerously short of money, and were committed to keeping tickets under 20 dollars. Our typical show to that point had cost 10-15 thousand dollars, and some of those lost money. “Lady in the Dark” ended up costing over $50, 000, easily the most expensive in the company’s 20 year history. Had the production flopped, it would have been the end of the experiment, and nobody knew whether anyone would want to see a nearly four-hour, three-act 60-year-old musical about a troubled professional woman undergoing psychoanalysis.

Fortunately, people did. The show played to over 100% capacity, and nearly broke even.  “Lady in the Dark” did wonderful things for the company, attracting subscribers, donations, and respect. But it was pure moral luck.

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

(Though it can be.)

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

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

Here’s the survey….

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

Incompetent Elected Official, Unethical Quote Of The Week, And Ethics Dunce: Democrat Rep. Mike Quigley (IL) [UPDATED]

And let me add, 

KABOOM!

“And, if gets to closed primer on hearsay, I think the American public needs to be reminded that countless people have been convicted on hearsay because the courts have routinely allowed and created, needed exceptions to hearsay…Hearsay can be much better evidence than direct … and it’s certainly valid in this instance.”

—-Rep. Mike Quigley (D-IL), making an ass of himself, misinforming the public, but nicely illustrating the lack of integrity and honesty at the heart of the current Democratic impeachment inquiry.

And how proud Loyola Law School must be to have graduated this idiot!

The Honorable Rep. is trying, I assume, to slide by the fact that much of the testimony being presented against the President is hearsay, which means, “not valid evidence.” There is a good reason for that: when what someone else says is repeated by another party as evidence of the proof of the statement’s truth, it obviously cannot be given much weight. For one thing, the actual speaker cannot be cross-examined, making the admission of such a statement as evidence reversible error. A witness can testify to what he or she heard someone else say, but that’s not hearsay.  The testimony is good evidence that the statement was made, just not that the speaker was necessarily telling the truth.

However, nobody, and no legal authority, rationally believes that “hearsay can be much better evidence than direct.” The statement is ridiculous on its face. It literally means that it is better to have someone who heard a statement testify that the statement was true rather than have the individual who made the statement.

Nor do courts “routinely” create exceptions to the rule against hearsay. The exceptions are old and well-established, and have not changed or had additions in many decades.

Here is the list from the Federal Rules of Evidence: Continue reading