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

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[The first example of an Ethics Train Wreck or ETW (Ethics Alarms Definition: Ethics train wrecks are chains of unethical conduct created by a central unethical action. As the event becomes more complex and involves more participants, it becomes increasingly difficult to sort out right from wrong, and all parties who become involved with the episode in any way are at risk of engaging in unethical conduct themselves, intentionally or inadvertently.) that spawned a second ETW, or sub-train wreck to a train wreck, was the Trayvon Martin-George Zimmerman ETW, which has launched  several (Ferguson, Freddie Gray). I am now forced to designate the Hillary Clinton E-Mail Scandal, previously just a prominent car, perhaps even the engine, on the Hillary Clinton Presidential Candidacy Ethics Train Wreck, as an ETA itself. Since the revelation of the letter FBI director Comey sent to Congress explaining that the investigation into possible Clinton criminal wrongdoing regarding her reckless handling of official State Department communications was no longer to be considered “completed,” passengers have been leaping onto this rampaging juggernaut like there was free Halloween candy on board. I have no choice. In what I fear will be just the first of many, this post will sort out the latest developments.]

1. The word that best expresses the reaction of the Clinton campaign, its media allies and Hillary’s supporters is fury. The emotion in this context resembles the moment in every action film when the super-villain or evil mastermind who was sure that victory was his suddenly discovers that through an amazing confluence of factors, he’s going to lose after all. This comparison is not flattering to Hillary, her minions and her corrupted, but it is apt. They really believe that they deserve to get away with years of unethical and incompetent conduct and more than a year of lying about it, and go into election day with it all a distant memory, sure to be spun as just another conservative “nothingburger” …until the next time.

If there is anything worse than unethical practitioners of politics, it is smug and arrogant ones. To some extent I resent being led so forcefully to schadenfreude, but still, this crew so deserves its present pain!  They also deserve to have voters go into their booths November 8 still uncertain of just how dishonest and corrupt Hillary Clinton is, wondering if, as with Richard Nixon in 1972 (Hillary is this generation’s Nixon, except that he was more skilled, and she has the gender card to play), there are more ugly shoes to drop.

I have written this before and recently, but it bears repeating: Hillary Clinton has nobody to blame for this crisis but herself. She could have played by the rules; she could have turned everything over to State immediately, including the mysterious 30,000 “personal” emails; she could have admitted misconduct and ignorance; she could have been honest to journalists and the public. If she had done these things, the entire episode would have been negated before 2015 was out. Being angry at James Comey makes as much sense as Trump being angry at his various sexual assault accusers, and it is just as much an indication of base character.

2. The news media’s taking the cue from the Clinton campaign and reporting this as a James Comey/ FBI story is yet more proof of news media bias and its efforts to assist Clinton. Comey was cheered by Democrats (and accused of conspiring to clear Hillary by Republicans) for not recommending an indictment of Clinton when the investigation was first closed. We have since learned that his decision was very unpopular among his subordinates. The argument that the same man is now showing political bias against Clinton makes no sense.

Here is the most unethical headline yet in the “Let’s smear Comey for Hillary” division. The New York Times. this morning, on the front page, proclaims: “James Comey Role Recalls Hoover’s F.B.I., Fairly or Not.”

Who’s “recalling”? Nobody who remembers Hoover’s FBI and isn’t trying to impugn Comey unfairly would make this comparison. This is a cognitive dissonance attack, despicably seeking to link Comey to the infamously racist, extorting, power-abusing founder of the FBI. Continue reading

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

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…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

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“Rigging,” anyone? Continue reading

Social Media Ethics: Speaking Of “Rigged” Elections….

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Can someone give me a benign explanation for this?

From Zero Hedge:

“Does anyone else find it odd that ‘FBI Emails’ does not appear to be a hot topic, trending, big deal on any social media?”

Facebook… “Trending”…

 

Continue reading

Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

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From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading

Of Bundys, Trump, Wikileaks, Rebellion—You Know, The Whole 2016 Election Thing

jury-nullThe jigsaw puzzle of an existential national crisis, a real one, are assembling sufficiently so an image can be distinguished. It is uglier than I imagined.

1. Item:  The Bundy Brothers were acquitted. This was pure jury nullification, because they were guilty as hell. It might be an aberration, but I fear it is not. The jury is a fractal of democracy, and when juries start finding lawbreakers innocent, they are sending a message that those in power ignore at their peril. They say “We don’t like or respect you or your laws, and you better change, or else.” The complete class, regional and ideological estrangement from the Federal government this decision represents shows how completely Barack Obama has divided the nation, and portend a long, long, difficult and, one can only hope non-violent recovery, if some competent leaders emerge who can handle it. As trust in our institutions have collapsed with accelerating speed over the last decade, civility has deteriorated and authorities have increasingly threatened the basic Constitutional rights of citizens while extending privileges to non-citizens for political motives, the connective tissue of our society has been frayed to the snapping point. Responsible leadership, objective  and rational citizens must not shrug this verdict off as just a bunch of gun nuts and cowboys throwing a tantrum.

2. Item: Donald Trump keeps saying that the election is “rigged.” This is beyond irresponsible, in isolation not more irresponsible than what Trump has said about other things, but the timing and sheer intensity of this drumbeat from him is truly horrible….and also likely to be effective.  Continue reading

Chilling Speech And Expression At Smith: The Scariest Thing About This Is Not The Story Itself, But That Alarm Over It Is Not Bi-Partisan

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Students at Smith College now have access to an anonymous 24 hour bias hotline and online portal for reporting what the complaining caller regards as bias, discrimination, and harassment. These offenses can be whatever a student thinks it is.

The service will be run by EthicsPoint, a  service used by prestigious institutions like Amherst College, Tufts University, and Brown University. The conduct being reported doesn’t have to be illegal,  Smith says,  only “unfair,” “uninvited,” or “unwelcome” as well as what someone regards as “bigotry, harassment, or intimidation.”  Expressing support for the Republican nominee for President, for example, risks being called “bigotry.” A forceful argument that it isn’t bigotry might be taken as intimidation.

According to the EthicsPoint reporting portal, misconduct can include “but is not limited to, slurs, graffiti, written messages, or images.” A Smith College spokeswoman  told Campus Reform that “Smith has adopted EthicsPoint—a service used by more than 800 higher education institutions around the world—as a supplement to, not a replacement for, existing in-house options.”

This is an “everybody does it” excuse for the inexcusable, indeed, for the totalitarian. Since the reporting portal does not require a login, anyone, regardless of whether they are students or affiliated with the college, can report a student for being “offensive.”  Articles about this Orwellian development express concern that it might lead to self-censorship and chill free speech. Gee, do you think so? Of course this “report your classmates for non-conforming ideas that offend you” system chills speech. It is intended to chill speech. After four years under such a system, a typical Smith student should be completely conditioned never to speak or, better yet, think non-progressive thoughts. Continue reading

Gee, I Wonder Why Republican Voters Might Worry About The Election Being “Rigged”? It’s A Mystery!

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It began with this story: A Wikileaks leaked email, from Donna Brazile to the Clinton campaign, started with the subject line “From time to time I get the questions in advance.” Brazile, then vice chair of the DNC and a CNN and ABC contributor, included a question that was later asked of Hillary Clinton at a subsequent CNN “town hall,” word for word.

CNN anchor Jake Tapper, probably the closest thing to a fair and ethical journalist that exists in the current broadcast media, told an interviewer regarding the episode in part,

It’s a very, very troubling… look, I have tremendous regard for Donna Brazile. She’s a good person and a nice person and I like her a lot but whatever took place here… and I know I had nothing to do with it… and I know CNN, we were so closely guarding our documents… they weren’t emailed around….It’s horrifying.  Journalistically it’s horrifying and I’m sure it will have an impact on partnering with this organization in the future and I’m sure it will have an effect on… Donna Brazile is no longer with CNN because she’s with the DNC right now, but I’m sure it will have some impact on Donna Brazille.,,People at CNN take this very, very seriously and to have somebody who does not take it seriously and to have us partner with that person and then they do something completely unethical and share it with Donna Brazile who then shares it with the Clinton campaign… it’s horrifying and very, very upsetting and I can’t condemn it any more than… I condemn it in no uncertain terms, it’s awful.

Democratic operatives using their chummy, insider relationships with alleged legitimate news organizations to assist their candidates with undisclosed, under the table, tips? Who wouldn’t call that awful? Well, interestingly, most of the rest of the mainstream, Hillary-recruited media, which has mostly left this story to  Fox, the Daily Caller, and “conservative media” while suggesting that the e-mail from Wikileaks was somehow fake.

Enter Megyn Kelly on Fox, who was persistent in trying get Brazile to give an explanation in an interview. What she got instead was incredibly guilty-sounding evasion and Authentic Frontier Gibberish: Continue reading

Incompetent Elected Officials Of The Month: The Charlotte City Council

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Awww!

 9-year-old Zianna Oliphant spoke at a Charlotte City Council meeting about race, police violence, and reform. Tears streamed down her cheeks, and, of course, the video “went viral.” She has kept talking, expert on urban governance and law enforcement that she is, since she earned her fifteen minutes of fame. “I was just feeling like what the police are doing to us, just because of our skin, is not right,” the fourth-grader told NBC.

Of course, she knows absolutely nothing about the issues involved. She has no idea whether what happened to Keith Lamont Scott was ” done to us, just because of our skin” or done to him, because he threatened a police officer. (It was done to him, by a black cop, who, if he was doing it because of the color of Zianna’s skin needs to be put on a suicide watch.)

All Zianna knows is what she has been taught, and based on what she said, she has been indoctrinated by her family and community into be a police-fearing, anti-white racist. Now that this is happening to the black children of Charlotte and elsewhere is important information that should be part of the discussion, but that’s not how her statements are being used. She is being exploited by adults who know that their opinions become more persuasive coming out of the mouths of babes, and she is being accorded undeserved  moral authority because she is young and innocent. Zianna also has a fourth grade education and maybe six years of life experience. Wow.

What can such an individual contribute to a public policy debate so complex that elected officials, scholars and public policy experts don’t know how to proceed? Nothing. N-O-T-H-I-N-G. A nine year-old girl, even the most brilliant nine-year-old girl who has ever lived, is useless. A City Council that would waste deliberation and consideration of  critical issues on the testimony of children, however moving,  should just hand in their resignations en masse. They are incompetent and a disgrace.

In the alternative, Charlotte should give voting privileges to anyone over the age of five. Maybe they will. Continue reading

Observations On The First Trump-Clinton Debate

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It was as predictable as it was tragic: on Drudge shortly after the debate, his debate poll showed that over 90% of Matt’s readers—almost as high a percentage as that of black Americans who believe Barack Obama has been a great President—believed that Donald Trump won. At CNN, the percentages weren’t as lopsided, but still reversed: about 70% believed Hillary won. Confirmation bias rules supreme in such settings, and bias makes us stupid. Fortunately, as my analysis of these two awful candidates should have proven by now, I have no biases in this race. I would like to see both candidates lose,and badly. Indeed, as both are the political equivalents of virulent cancers on the culture and potentially the office they seek, I would like to learn that both have mysteriously vanished without a trace, like Judge Crater, Ambrose Bierce, Rick Moranis, or Gilbert O’Sullivan

Observations on last night’s debate:

1. The conservative websites are whining about Lester Holt serving as the “third debater” last night. In a word, baloney. Holt did all right, not great,  in an impossible role, primarily by letting the combatants talk; in fact, a heavier moderator hand would have been preferable.  The birther question to Trump and the “Presidential look” questions were undoubtedly moderator shots at Trump, but shots like that are opportunities too. Trump didn’t handle either well. Character is the issue with Trump, not policy, and those were character questions that he should have been prepared for. Maybe he was; maybe those pathetic answers were Trumps’ idea of good ones. Yes, Holt pressed Trump on the ultimately irrelevant issue of whether he was or was not in favor of the Iraq invasion and when, but that was also an appropriate approach for a moderator, and it gave Trump a chance to clarify his position, if one can ever use “clarify” and “Trump” in the same sentence.

As an aside, I wonder if “Sean Hannity can back me up” is the lamest defense ever uttered in a Presidential debate. It may be.

2. Trump was Trump, that’s all, and perhaps a slightly less offensive and more substantive version than usual. Hillary was smug, with a frozen smile and an expression that said, “Boy, is this guy an idiot!” all debate long. That’s a big mistake, for virtually nobody likes smug. Trump’s expression toward Hillary was usually one of a wary and respectful foe. He was listening, she was sneering. Her repeated call for “fact-checking” was weak, and appeared to be appeals for assistance. Continue reading

This Might Force ME To Vote For Donald Trump: Clinton Campaign Manager Robbie Mook’s Unethical Quote Of The Month

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“All that we’re asking is that if Donald Trump lies, that it’s pointed out. It’s unfair to ask that Hillary Clinton both play traffic cop with Trump, make sure that his lies are corrected, and also to present her vision for what she wants to do for the American people…I think Donald Trump’s special. We haven’t seen anything like this. We normally go into a debate with two candidates who have a depth of experience, who have rolled out clear, concrete plans, and who don’t lie, frankly, as frequently as Donald Trump does.So we’re saying this is a special circumstance, a special debate, and Hillary should be given some time to actually talk about what she wants to do to make a difference in people’s lives. She shouldn’t have to spend the whole debate correcting the record.”

—-Hillary Clinton campaign manager Robbie Mook, explaining to George Stephanopoulis on ABC’s “This Week”why the Clinton campaign insists that debate moderators should run interference for her and intervene to contradict and rebut Trump’s assertions, unlike every other Presidential debate and every legitimate and fair debate of any kind, where that responsibility rests with the debaters.

Well, that’s almost it for me. I am officially a hair’s breadth from deciding that as repulsive as the thought of Donald Trump achieving the Presidency is, the prospect of the United States abandoning democracy, process and fair elections to defeat him is infinitely more repulsive.

What Mook is proposing is no less than the rigging of the election process, with one candidate given “special” privileges, while another is subjected to “special” handicaps and the “special” opposition of the news media. I had previously resolved, and on Ethics Alarms so stated, that in a binary choice between the most unqualified, unstable, vile, ignorant and boorish candidate ever nominated by a major party to be President and the corrupt, inept and dishonest Hillary Clinton, responsible Americans are duty-bound to cross their fingers, hold their noses, toss a horseshoe over their shoulders and vote for the certifiably awful Mrs. Clinton, in her own right the most corrupt and untrustworthy figure ever to come this close to the Presidency. (We can debate about Aaron Burr some other time.)

I no longer can say with certainty that I believe that now. Continue reading