Bias Makes The News Media Stupid, But It Makes Politicians Untrustworthy Jerks

Dad warned me about people like you, Al...

Dad warned me about people like you, Al…

The Stupid: Journalists

Let me begin by saying how happy I am that the mainstream news medias “fake news” gambit, where it attempted to blame President Trump’s election on ridiculous hoax stories spread on social media to distract from its own biased, dishonest and incompetent reporting, has blown up in its metaphorical face like those Acme booby traps do to Wile E. Coyote.

Here’s a new and especially stupid example of the biased, dishonest and incompetent reporting, although “dishonest” wasn’t in play.

The website Pop Suger posted an extremely inept and confusing story concerning U.S. Olympic fencer Ibtihaj Muhammad, who made history in the 2016 Olympics as the first female Muslim American to medal for the United States and the first American to compete in the Games wearing a hijab. The site and the reporter signal their untrustworthiness and Bias Makes You Stupid (BMYS) credentials by writing of the controversial immigration halt Executive Order,

“The executive order blocked thousands of refugees, immigrants, and visitors from seven predominately Muslim countries from entering the United States before it was struck down by a judge many days later.”

No, you ignorant dolts, the order was not and has not been “struck down.” It has been subject to a temporary restraining order, which is absolutely not the same as being struck down, as any second year law student intern could have told you if you cared more about accurate reporting  than bashing the President.

The story described Muhammad’s statements when she took the stage at a conference last week  and answered a question about the “travel ban” by saying that she had been personally “held at Customs for two hours just a few weeks ago.”  The athlete is not as adept at time sense as she is at her sport, because she eventually had to clarify that “just a few weeks ago” meant “in December.”   The website followed  with an update, but never mind. TIME saw her statement, didn’t check the time frame or notice the update, and tweeted yesterday (remember, the story was clarified two days before, and was wrong to begin with) the headline in TIME’s “Motto.”

“Olympic athlete Ibtihaj Muhammad was detained because of President Trump’s travel ban”

The U.K.’s Independent went with a story titled, “US Olympic fencer Ibtihaj Muhammad says she was detained by Customs after Donald Trump’s ‘Muslim ban.’

The Hill published an article whose opening paragraph read, “A Muslim-American Olympic medalist says she was detained by Customs for nearly two hours without explanation after President Trump’s travel ban was instituted a few weeks ago.”

Sports Illustrated and ESPN also published stories implying that Muhammad’s Customs detention was triggered by Trump’s immigration order,  and other journalists and pundits expressed indignation on social media.

Remember,  Muhammad was detained in December of 2016. Barack Obama was President. Trump’s Executive Order was just a twinkle in his eye. Continue reading

Unethical Website Of The Month: #GrabYour Wallet

trump-boycott

Boycotts are almost always unethical, but the vicious partisan tactic of boycotting businesses because they or their owners  support or contributed to the duly elected President of the United States make usual boycotts seem saintly in comparison. Spite, vengeance, an attack on political speech and individual autonomy, call it what you will, there is no other side to this tactic. It is wrong. It undermines democracy. It punishes speech. It is the heating oil seller who tells Trump voters to freeze, and the yarn shop owner who tells Democrats to feed their knitting elsewhere, but on a grand, self-righteous, societally destructive scale.

#GrabYourWallet is a website whose operators  aim to hurt, injure and punish not only business owners who dare to have a different political view than they, but also their businesses employees, families and customers. This is the invidious outfit that bullied Nordstrom into dropping Ivanka Trump’s fashion line, because we must punish a young woman for supporting her father, who half the country chose to be President. This in turn led Kelly Ann Conway, the President’s spokesperson who is as much in over her head as a he is, to fall into the trap of violating the law by using her position to promote a product, because she chose an inartful way of telling decent Americans to reject the boycott.

Let me be as clear as Ethics Alarms can be. Continue reading

Comment Of The Day: “From The Ethics Alarms ‘For Each And Every Unethical Action, There Is An Equal And Opposite Unethical Reaction’ Files: Kurt Schlicter’s Irresponsible Column”

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The post about Kurt Schlicter’s warning and call to arms against a progressive establishment that he regards as having declared war on “normal” citizens attracted approximately the range of comments I expected, though I find the inclination of otherwise rational liberals to deny that the current progressive freak-out is unusual, unwarranted or worthy of alarm discouraging.

Here is Zoltar Speaks! reflecting on Schlicter’s rant  in his Comment of the Day on the post, From The Ethics Alarms ‘For Each And Every Unethical Action, There Is An Equal And Opposite Unethical Reaction’ Files: Kurt Schlicter’s Irresponsible Column.

I’m going to set aside some of the hyperbole and focus on a few points made by Kurt.

Kurt Schlicter wrote, ”Leftists don’t merely disagree with you. They don’t merely feel you are misguided. They don’t think you are merely wrong.”

I agree with this part.

Kurt Schlicter wrote, ”Once you get that, everything that is happening now will make sense.”

“Make sense;” that’s just ridiculous! Only if you choose to think like they are thinking can it “make sense”.

Kurt Schlicter wrote, ”They hate you.”

I agree that hate is taking over. This is a real problem for the left because the left has taken their attack the messenger to new levels and true hate is directed at the people they oppose NOT the ideological differences. The path of true hate usually has one end, violence.

Kurt Schlicter wrote, ”You are normal, and therefore a heretic.”

From their point of view that’s completely false; you are a heretic because you disagree with them, therefore you are abnormal. Continue reading

From The Ethics Alarms “For Each And Every Unethical Action, There Is An Equal And Opposite Unethical Reaction” Files: Kurt Schlicter’s Irresponsible Column

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Kurt Schlicter is a conservative, an author and a trial lawyer, and all three of those  factors are on display in his recent column for the conservative site Town Hall, titled, “The Left Hates You. Act Accordingly.” In saying that the essay is irresponsible and inflammatory does not  mean that I think it is badly reasoned or argued. Schlicter is passionate, articulate and skilled at his craft, and as much as I wish I could, it is difficult to take issue with his assessment of the current political climate and its implications.

Nonetheless, this is a deeply unethical article, irresponsible, reckless, and divisive. It is true hate speech, in that it both is constructed on hate and designed to create hate. It is also, I fear, very persuasive.

The column has its uses. If there are members of the Angry Left (perhaps the label needs to be updated to “The Berserk Left”) who are capable of recognizing where their current path may lead, Schlicter’s screed points the way. For three months, the entire progressive/Democratic/mainstream media complex has displayed escalating contempt for anyone who does not accept their favored view of the world, and has simultaneous demonized and marginalized half the country for the crime of engaging in the essential civic act of voting. If the furious anti-Trump “resisters” didn’t think this despicable defiance of traditional American responses after an election would spark a backlash, and a furious one, they have allowed hate to delude them. Schlicter’s column provides an accurate taste of what that backlash will be like.

Some excerpts, of a piece that needs to be read in its entirety:

They hate you. Leftists don’t merely disagree with you. They don’t merely feel you are misguided. They don’t think you are merely wrong. They hate you. They want you enslaved and obedient, if not dead. Once you get that, everything that is happening now will make sense. And you will understand what you need to be ready to do.

***

Understand that when they call Donald Trump “illegitimate,” what they are really saying is that our desire to govern ourselves is illegitimate. Their beef isn’t with him – it’s with us, the normal people who dared rise up and demand their right to participate in the rule of this country and this culture.

***

Oh, there are different leftist sects. There are the social justice warriors who have manufactured a bizarre mythology and scripture of oppression, privilege, and intersectionality. Instead of robes, they dress up as genitals and kill babies as a blasphemous sacrament. Then there are the pagan weather religion oddballs convinced that the end is near and that we must repent by turning in our SUVs. Of course, the “we” is really “us” – high priests of the global warming cult like Leonardo DiCaprio will still jet around the world with supermodels while we do the ritual sacrificing of our modern comforts. Then there are the ones who simply worship themselves, the elitists who believe that all wisdom and morality has been invested in them merely because they went to the right college, think the right thoughts, and sneer at anyone living between I-5 and I-95.

***

They are fanatics, and by not surrendering, by not kneeling, and by not obeying, you have committed an unpardonable sin. You have defied the Left, and you must be broken. They will take your job, slander your name, even beat or kill you – whatever it takes to break you and terrify others by making you an example. Your defiance cannot stand; they cannot allow this whole Trump/GOP majority thing to get out of control. They must crush this rebellion of the normal, and absolutely nothing is off the table.

***

So the only outcome is that one side wins and the other loses. There’s no truce to be had, no possibility of a tie. And the frightening thing is that the Left is so foolish, so stuck in its bubble that it has no understanding that it can only push so far before the people with all the guns and all the training push back. That’s the problem with kids who were raised on participation trophies and who never got into a fistfight – they don’t consider the possibility that they will lose, and lose hard.

***

You get the idea. The problem is that in light of what we have been seeing and hearing, that idea does not seem as extreme or hyperbolic as it should.

Thus the hatefulness of this piece has a real chance of taking root, but if it does, Kurt Schlicter will not be the reason. The conduct of the Left clears the way for such feelings and beliefs, and they are feelings and beliefs that a unified, democratic nation can not survive. All Americans have an ethical obligation to restrain these fight-or-flight instincts, and to soothe and mellow the anger and emotion that feed them. At the same time, the Left must stop the dangerous activities and rhetoric that inspired Schlicter to write what he did. They will lead increasing numbers of citizens to find themselves nodding their heads as his words, or similar ones, cause the blood to rush to their faces.

All citizens have to accept their duty to be responsible, respectful, and intimately, to trust in each other, our shared heritage and values, and the far-from perfect but still vibrant and essential culture we have created together. We are careering, as one, toward a deadly precipice. Our leaders have failed us by surrendering to powerlust, narrow loyalties and vengeance, so we have to stop ourselves. Screeds like Schlicter’s do not help, but the catalyst for his screed has been an irresponsible and self-indulgent abandonment of ethics–fairness, respect, prudence, honesty and citizenship—from people who seem awfully recognizable as those the writer evoked when he wrote,

” [A]ccept the truth that if we let them win we will spend the rest of our lives on our backs with a giant Birkenstock pressed into our collective face.”

Kurt Schlicter’s column is, as I stated at the beginning, unethical and hateful. It is also a warning, ignored at our peril.

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

how-lead-gets-injpg-1e9d798a1edee129

Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisisA failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Continue reading

Ethics Observations On Berkeley’s Anti-Speech Riot

Protesters setup fires during a protest against right-wing troll Milo Yiannopoulos who was scheduled to speak at UC Berkeley in Berkeley, Calif., on Wednesday, Feb. 1, 2017. (Doig Duran/Bay Area News Group)

From SF Gate:

A protest at UC Berkeley over a scheduled appearance by right-wing provocateur Milo Yiannopoulos turned fiery and violent Wednesday night, prompting police to cancel the event and hustle the Breitbart News editor off campus. But even after the event’s cancellation, hundreds of protesters spilled off campus into the city streets, where the violence continued as they confronted drivers, engaged in fights, smashed storefront windows and set fires.

Protesters decried President Trump’s policies as much as they did the visit by Yiannopoulos, a gay conservative who has been making the rounds at college campuses across the country with his “Dangerous Faggot” talks, specializing in remarks meant to insult, offend and disgust liberals who disagree with his ideas.

More from Heat Street:

The violent riots that convulsed the campus of the University of California at Berkeley on Wednesday evening were driven by rioters identifying as “Antifa”, self-styled anti-fascism activists who align with anarchism.

The violence began when hundreds of anti-Trump demonstrators forcefully disrupted a speaking event featuring the conservative firebrand Milo Yiannopoulos. The protests turned into full blown riots after “Antifa” rioters shot fireworks at the building in which the event was set to take place, smashing windows with police barricades and destroyed several large light fixtures. The Antifa members dressed in all black and wore gas masks and face coverings to hide their identity. These rioters led the most aggressive elements of the demonstration.

Police and campus administrators repeatedly ordered the mob to disperse, to which rioters responded with chants of “Fuck you! Fuck you!” and “Fuck Trump!”

Nice.

You will notice that last part  appears to be an exact quote from Madonna at the Women’s March….

Some unpleasant ethics observations: Continue reading

The Media’s Unethical Reporting On Trump’s Refugee Pause Order: Does Telling The Whole Story Fairly And Accurately Even Matter To These Hacks Any More? Does Their Trump-Hating Audience Even Care?

How many of these protesters have read the Executive Order they are protesting? My guess; none of them.

How many of these protesters have read the Executive Order they are protesting? My guess: none of them.

I didn’t intend this to become Outrageously Unethical Journalism Sunday, but that’s how it is turning out. Not my fault. Don’t blame the messenger.

Here, for the sake of organization and clarity, are some things that you may not have been told about the Trump refugee order that all the Sunday Morning TV shows are and the news sources yesterday were going nuts over. I couldn’t watch all of the former, of course, and some are going on as I write this. Maybe some responsible journalism snuck in, and if it did, please let me know who was responsible, in both senses of the word. So far, however, the mainstream news media is doubling down on its determination not to allow facts to get in the way of its 24-7 effort to demonize President Trump, and my increasingly bats Facebook friends, and yours, I assume, are taking it all as the Utter Truth…

I. Calling the Trump Executive Order a “Muslim Ban” is a lie. Nothing less.

II. In 2011, President Obama ordered a halt to the acceptance of refugees from Iraq for six months (that’s twice the three months of the Trump order yesterday) with no adverse reaction from the news media whatsoever.

III. The seven nations targeted in Trump’s order were not his administration’s collection, but Obama’s, with the addition of Iran.

IV. All of this had to be included in any competent, fair and truthful report about yesterday’s order. As of yesterday, none of it was, at least in major news sources, or the information was buried deep in the reports under hysterical headlines.

Got all that?

It is 100% true. If you were not aware of it before, you are misinformed. If you or your family, friends or acquaintances were on social media proclaiming that the order proves Trump is Hitler, just as you suspected, without knowing the above, you are spreading fake news. If you did this while knowing the above, you are deliberately misrepresenting reality to press your misguided false narrative. Or, in the alternative, you are a rationalizing fool.

Remember, no ethical analysis can proceed without accurately establishing the answer to the question, “What’s going on here?” If one does not have the facts, one cannot perform the analysis. Answering the question incorrectly, as in “What’s going on here is that a xenophobic madman just violated the Constitutional right to the free exercise of religion!!!! ARGGGHHH!” also guarantees a flawed analysis.

You will note that the best sources for establishing the shockingly biased and unethical reportage of this event are conservative sources. This is because this right-biased alternative to the left-biased news media developed specifically for situations like this, in which the truth is deliberately skewed by political bias from the exact same people the public has been taught to trust to keep it informed. As the previous post also demonstrates, that trust is no longer warranted.

Right up front, I want to credit Prof. William Jacobson of Cornell Law School. Every single news source had an obligation to include the information he researched and posted on his blog, but none did.  Now, some details:

1. Read the order itself. Scroll past it if you want to my commentary, but as the professor says, “You should read the actual EO, because most of the media and leftist pundits either have not or are lying if they have.” It is long; I have formatted it for easier reading, but it is long. Nonetheless, the news media have proven beyond, not just a reasonable doubt but the shadow of a doubt that its journalists cannot be trusted to digest this kind of document and relay it truthfully.

Res ipsa loquitur: CNN, from which I obtained the text, headlines the order,

Full text of Trump’s executive order on 7-nation ban, refugee suspension

But there is no ban! That headline is fake news. If you don’t read the order yourself, and yet start ranting on Facebook about the suspension of freedom of religion or some other non-factual nonsense, then you are irresponsible, and you are spreading disinformation. Read it yourself, ascertain what it means if you are uncertain, or shut up about it.

And welcome the era of biased, untrustworthy, partisan journalism.

Here is the EO: Continue reading

New Category: “This Helps Explain Why Trump Is President”…And The DNC Chair Candidates Forum Earns It First

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Obviously the Ethics Alarms “This will help elect Donald Trump”  category is outdated now. The ongoing inquiry of why he was elected is not. When I launched the old category late in the campaign, I never thought any of the stories so categorized, alone or in concert, actually would elect Trump; I just was trying to flag how the unsavory Clinton campaign and the divisive and inept Obama administration were giving the chaotic Republicans more of a chance than they deserved. Still, the cumulative effect of the entries in the category persuaded me that my earlier resolve to swallow a lot of Dramamine and vote for Hillary Clinton was professionally untenable, though not as untenable as voting for our new President.

It became clear to me that Republican voters last November were voting against something, just as Democratic voters in 2008 had voted for something, and in both instances, the man their votes brought to power was a beneficiary of a significant emotional release in American society, sparked by events and the conduct of elected officials.  Ethics Alarms could not have been more definite in its verdict, stated often, that voting for Donald Trump was an irresponsible and unethical act. As a believer in democracy, American character and ideals, I have to somehow reconcile that conclusion with the shocking results. The Democratic Party’s conclusion that racism, sexism and stupidity explains it all is not valid, and is in fact a big part of why Trump was elected. Also among the major factors, we have learned, are the deeply entrenched undemocratic attitudes that have led so many on the Left to behave disgracefully since the election, and the attitudes in the news media that have led journalists to increasingly abandon whatever shreds of professionalism they had remaining.

Learning and understanding what so many Americans voted against is an unfinished and ongoing inquiry. The new category, launched today, should assist the learning process.

The first episode to earn the new marker is yesterday’s forum for candidates to lead the Democratic National Committee, featuring a group including  Boynton Brown, Rep. Keith Ellison (D-Minn.), former secretary of labor Tom Perez, New Hampshire Democratic Party Chairman Ray Buckley, South Carolina Democratic Party Chairman Jaime Harrison, Democratic strategist Jehmu Greene and South Bend, Ind., Mayor Pete Buttigieg.  It lasted about an hour and 45 minutes, and covered many topics.

This was a perfect event for a reporter to choose which aspect of the discussion to feature, conveying to the public a distortion of reality like that experienced by the proverbial six blind men and the elephant. Politico, a prominent Democratic Party-supporting political news source, scrubbed its report of any substance that might harm the cause: it told us merely that the candidates “agreed to agree.”

The Washington Post, reporting on the session held in its backyard at George Washington University and presumably reliable, described a session that focused on “diversity and racial justice,” and concluded with Rep. Keith Ellison’s call for action that will show that “the Democratic Party is on the side of inclusion and empowerment.” Another source, Grabien News (this site rates it one of the least biased news sources; I would call it a conservative-biased  news site), reveals a bit more:

Early into the event the candidates gravitated toward a particular scapegoat for the party’s poor showing in November: Political consultancies owned by white people.

“We have to stop, particularly with the consultants,” said the chairman of the South Carolina Democratic Party, Jaime Harrison. “You cannot come to the DNC and get a contract and the only minority face you have is the person answering the phone.”  Minority consultants “need to get the same resources that the white consultants have gotten,” said a Fox News analyst and candidate for the chairmanship, Jehmu Greene. “The DNC did a piss poor, pathetic job” attracting minorities, she said.

Democrats must provide “training” that focuses in part on teaching Americans “how to be sensitive and how to shut their mouths if they are white,” urged the executive director of Idaho’s Democratic Party, Sally Boynton Brown, who is white. 

Continue reading

Ethics Quiz: The Harvard Soccer Team’s “Locker Room Talk”

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A week ago I wrote about Donald Trump’s rebound at the polls, and noted, among the factors, this…

B. This just in, from  The Harvard Crimson: Female soccer recruits at Harvard were rated for their attractiveness by their male counterparts – and a sleazy document speculated on their favorite sexual positions. A ‘scouting report’ from 2012, has emerged, containing sexually explicit comments about women, alongside photographs of them. One soccer recruit was described as looking “like the kind of girl who likes to dominate, and likes to be dominated.” The nine-page document assigned each woman a hypothetical sexual position. This document was shared between members of the Harvard 2012 men’s soccer team, and scouting report appears to be a yearly tradition.

Wait…how can this be? When Donald Trump tried to explain away his vulgar conversation with Billy Bush as “locker room talk,” the news media sprinted to prove this was just another lie. Why, athletes in all-male settings never denigrate women or objectify them among team mates! Absolutely not!

Now we learn that Harvard has cancelled the men’s soccer season as punishment for “the widespread practice of the team’s players rating the school’s female players in sexually explicit terms,” reports the New York Times.

The university commenced an  investigation the men’s team after The Harvard Crimson reported last week, in the piece that prompted the Ethics Alarms note, that a player created a nine-page document in 2012 with numeric ratings, photos and lengthy evaluations of the freshman recruits of the Harvard women’s team based on their physical appearance. Apparently the practice had become a tradition.This was the response from the women’s team:

“Locker room talk” is not an excuse because this is not limited to athletic teams. The whole world is the locker room…. We are hopeful that the release of this report will lead to productive conversation and action on Harvard’s campus, within collegiate athletic teams across the country, and into the locker room that is our world….”

Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 2

Continuing from Part 1…

I swear, I didn't pick this photo to make James Carville look crazy or nasty. This is really what he looked like today...

I swear, I didn’t pick this photo to make James Carville look crazy or nasty. This is really what he looked like today…

5. The uproar over Clinton’s private server use and possible security breaches being investigated further with FBI inquiries into the newly uncovered Huma Abedin e-mails seems oddly out of proportion to its substance, at this point. The violent reaction of Democrats and Clinton’s campaign is more suspicious than the information itself. The immediate default to accusations of political and professional misconduct is itself unfair and unethical, and reminds those who are open to being reminded of the Clinton habit of bullying and threatening adversaries, including honorable ones. Just as Trump cannot seem to help himself from lashing out disproportionately at every affront real or imagined, the current over-reaction is itself disturbing. There are too many bullies and thugs in the Clinton camp.

6. Next to Harry Reid, the most publicized accuser of Comey has been Richard Painter, a law professor at the University of Minnesota and the chief ethics lawyer in the George W. Bush White House from 2005 to 2007. He has filed a Hatch Act complaint against Comey with the federal Office of Special Counsel and Office of Government Ethics. As with Reid’s accusation, his is unjustified. Unlike Reid, Painter is intelligent, informed and honorable, and I can only speculate why he has jumped the rails like this. Painter argued in a New York Times op-ed on Sunday that Comey’s intent can be inferred from the absence of a good reason for sending the letter.

Huh? He had a good reason, and as a lawyer and ethics expert, it should be obvious. He didn’t want to be accused of lying to Congress, or to believe that he was lying to Congress. That’s an excellent reason. There are others. “Absent extraordinary circumstances that might justify it, a public communication about a pending F.B.I. investigation involving a candidate that is made on the eve of an election is . . . very likely to be a violation of the Hatch Act and a misuse of an official position,” Painter claims. Okay, but there were extraordinary circumstances. Public distrust of law enforcement institutions is at a dangerous, all-time high. Every decision is attacked as corrupt or politically motivated by one party or the other. The particularly volatile  situation of a Presidential candidate being investigated by the FBI was greatly exacerbated by the Attorney General allowing herself to be pulled into an inappropriate and improper meeting with the husband of the candidate under investigation shortly before a decision whether to prosecute was due–I’d call that an “extraordinary circumstance.” Comey has been trying to restore the integrity of the Justice Department, which Holder and Lynch, along with President Obama, has allowed to be seriously soiled. He may or may not have made the right choice, but for Painter to file a complaint alleging intentional political bias based on his actions alone is irresponsible. Writes Jonathan Turley, also a law professor of note, and one who does a better job avoid partisan bias than Painter does:

“Comey was between the horns of a dilemma. He could be accused of acts of commission in making the disclosure or omission in withholding the disclosure in an election year. Quite frankly, I found Painter’s justification for his filing remarkably speculative. He admits that he has no evidence to suggest that Comey wants to influence the election or favors either candidate. Intent is key under the Hatch investigations.  You can disagree with the timing of Comey’s disclosure, but that is not a matter for the Hatch Act or even an ethical charge in my view.”

“Or even an ethical charge.” Bingo. And those are harsh words from the usually excessively mild Turley.

I’m not sure what’s going on with Painter, whose opinions I have followed for years. I have followed him, and even argued with him occasionally, on the excellent legal ethics blog, the Legal Ethics Forum, where he is a contributor. If he is a Republican, he’s either a disillusioned one or a strange sub-species. Most of his posts tilt leftward, and they are almost all political in nature, in sharp contrast to everyone else. He obviously has no respect for the Republicans in Congress, and is as vehemently anti-Trump as I am. Unlike me, apparently, he seems to have allowed his rational contempt for Trump lead him to a damaging bias in favor of Hillary Clinton. Ethics complaints should not be used as a political weapon. Continue reading