Post-“Procedure” Ethics De-Brief, 7/26/2019: Drunk-Blogging Edition [CORRECTED]

/ Jack Marshall / 14 Comments

WHaT tImE iS It, aNYway?

The nurse said that I was to handle the rest of the day as if I were “impaired,” so I guess this is “drunk-blogging,” an allegedly humorous practice that is a trademark political Stephen Green, aka. Vodkapundit when he covers a long and annoying event, like candidates debate or the Mueller testimony. In this case, I don’t have any choice, but I will say this: the first commenter who rags on me for a typo will be srroy! [CORRECTION NOTE: Prodded by JutGory’s comment below, I fixed the several typos in the post, except the one that was intentional. I’m better now.]

1. Welcome to my world, Ann. Althouse just banned “Inga,” a relentlessly snotty and intractable commenter on her blog who is one of the few knee-jerk progressives hanging out there. Ann mentions that she wishes there were a lot more liberal commenters at Althouse, which makes me feel a little better. Her blog has also suffered an ideological exodus in recent years, and Ann thinks of herself—correctly— as a non-partisan contrarian, though she has guest-hosted at Instapundit.. She certainly strives for objectivity (as well as unpredictability), but she has also been very critical of the “resistance” and the media’s treatment of President Trump, as every fair commentator should.

Then again, she refuses to link to Ethics Alarms, so to hell with her…

2. When the U.S. becomes Greece, think of these days, these unethical leaders, and the incompetent public that supported them. The recent budget deal between the President and Congress to explode the budget, ignore the deficit and bring the national debt even closer to a suicidal level is bipartisan betrayal. Although it is especially galling for a President with a “bottom line” orientation to capitulate, Trump is no worse in this respect than Obama, or any of his predecessors going back to Lyndon Johnson. At some point, the American public can only look in the mirror and admit that it has had the power to demand responsible fiscal government, and refuses. We will regret this.

I voted for the late Ross Perot in 1992 for many reasons, but the main one was that I felt he deserved credit for making the debt his signature issue, and for his courageous and clear explanations of the crisis. Since his candidacy, there have been no serious political leaders who have tried to muster consensus that spending has to be cut, that so-called entitlements are out of control, and that our debt is unsustainable. Rand Paul was recently savaged for simply insisting that a new expenditure–expanded assistance for 9-11 first responders–be paid for. Our economy is suffering because of a ridiculously antiquated infrastructure, but it will take trillions to repair.  Politicians are waiting for a crisis, like when city sewer systems break down all across the East Coast, or bridges start collapsing with cars on them–and this is coming. Social security is nearing the point where someone’s going to have to give up something. California could have retrofit its buildings in anticipation of the Big One, but would rather play Russian Roulette. I’m just picking these out of the air randomly—I’m impaired, after all—but I could go on and on.

While the President rammed through  tax cuts without cutting expenditures, his likely opposition tries to buy the votes of the fiscally idiotic with promises of expensive goodies, like “Medicare for All” (more trillions), guaranteed income and free college. The absurd Sen. Kirsten Gillibrand, (who has no chance, but really how much worse is she than Warren, Sanders, Harris and the rest?) has proposed a thoroughly irresponsible “climate change” plan with about a 10 trillion dollar price tag, and it is mostly made up of Authentic Frontier Gibberish, virtue-signaling and unsupportable assumptions.  Before a public even slightly aware of the dangers of the exploding debt (or a public that has anything but the vaguest notion about what real science is and the uncertainty of climate change projections, such a proposal would be political hara-kiri. Gillibrand considers it a last ditch effort to rescue her campaign.

Oh, heck, just read her alleged plan. I could vivisect it here, but why should I have all the fun? Continue reading →

Ethics Quote Of The Day: “Rory,” Althouse Blog Commenter

/ Jack Marshall / 8 Comments

“We may be cooked. Trying to overturn the result of election without giving the elected a peaceful day in office is an odious thing. There are millions of people among us who have done that now. It’s too big a sin – I don’t think very many of them will ever be able to walk it back and reengage with politics in a normal way.”

—Commenter “Rory” on Althouse’s excerpt—without commentary—on  a piece by Carl Hulse of the Times in which he concludes that President Trump won’t be impeached before the 2020 elections, and probably never was going to be.

I’m not especially interested in Hulse’s conclusion, which I think is obvious now (as I wrote yesterday) and was obvious to me for some time. I do think Rory is spot on about the sin of “trying to overturn the result of election without giving the elected a peaceful day in office,” a neat summary of the conduct  Ethics Alarms has been condemning since the 2016 Presidential election. This is the essence of the “2016 Post-Election Ethics Train Wreck”, as the Ethics Alarms tag terms it, when an entire political party and most of its supporters, plus the mainstream news media, decided to defy and sacrifice crucial American traditions regarding elections and our institutions because it couldn’t accept losing to a candidate it detested. It is this divisive, reckless, dangerous conduct that I regard as the single greatest ethics crisis in my lifetime.

I am not certain about Rory’s conclusion, that having shattered these crucial American principles—there are many of them, large and small, such as not delighting in the humiliation of our national leader by others—-the citizens involved will never “be able to walk it back and reengage with politics in a normal way.” My continuing fight to try to throw metaphorical ice water in the faces of those who have been corrupted by Hillary Clinton,  the Congressional Black Caucus, MSNBC, CNN, Stephen Colbert, Charles Blow and so many others and say, “Snap out of it!” will continue, futile or not. I don’t think it is futile.

I hope not.

I KNEW He Could Do It! As Impeachment Plans A-Q Look Like Losers, Rep. Adam Schiff Invents Plan R!

/ Jack Marshall / 21 Comments

It should be obvious what the Democratic Party’s game plan is now, especially since Robert Mueller’s testimony yesterday dashed hopes that he would blow wind into the limp sails of the SS Overthrow The Republican. Instead, the ostensible Special Prosecutor  made the case for “high crimes and misdemeanors” look weaker and more contrived than before. One by one, the weak, weaker and weakest “resistance” plans to remove President Trump have fallen into various states of hopelessness and ruin, and the bitter-enders are now resorting to denial or impeachment rationalizations unmoored to anything at all, like this guy, who says that “history demands” an impeachment. [Pointer: Zoltar]

The Democrats will just keep the impeachment fires burning until the election, hoping that 1) one of the horrible candidates Democrats get to choose from will defeat Trump, which looks like a Hail Mary at this point (but who knows what the President will tweet next) or 2) the Democrats will take control of the Senate, and 3) the public will tolerate them spending another 4 years trying to overthrow an elected President without getting disgusted and turning the House back over to the GOP.  Does this sound rational and responsible to you? I wonder why it sounds reasonable to Democrats.

Meanwhile, I was beginning to think the Ethics Alarms list of coup theories had maxxed out at Q, plan #17. [ The most recent  updated list is here] But somehow I knew, deep in my heart, that Rep. Adam Schiff, who has lied, puffed, exaggerated and grandstanded all manner of impeachment justifications that didn’t exist in fact or law, but somehow isn’t walking around Washington D.C. with his head in a bag, would be equal to the daunting task of coming up with a new plan. And so he has.

Perhaps anticipating the  Mueller Meltdown,  Schiff unveiled Plan R in his opening statement as Chair of the House Intelligence Committee.  His theory? President Trump was “disloyal”:

“Disloyalty to country. Those are strong words. But how else are we to describe a presidential campaign which did not inform the authorities of a foreign offer of dirt on their opponent, which did not publicly shun it, or turn it away, but which instead invited it, encouraged it, and made full use of it? That disloyalty may not have been criminal. But disloyalty to country violates the very obligation of citizenship, our devotion to a core principle on which our nation was founded, that we, the people, not some foreign power that wishes us ill, we decide, who shall govern, us.”

Continue reading →

Afternoon Ethics Purge, 7/25/2019: Snopes, Maddow, Gratuitous Disrespect For POTUS…Yuck.

/ Jack Marshall / 8 Comments

Prepping for a colonoscopy, thanks…ethically, of course…

1. Great Moments in Confirmation Bias. Believe it or not, this is what Rachel Maddow said about the Mueller testimony:

“I will tell you, I was not quite sure what to expect from today’s testimony by Robert Mueller. If you had told me that today, we would get from Robert Mueller over the course of these seven hours such a blunt accounting from him… of who in the president’s campaign was compromised by Russia, and how, specifically how they were compromised by Russia, including the President…All in all, just look at today as a whole, it was a remarkable day, not just for this presidency but for the presidency. I know the Trump White House and conservative media are trying to, like, chin up tonight, make it seem like they had a great day today… they did not have a great day today.”

How in the world could anyone watching the hearings say that? How can anyone, realizing that this the way she translates reality into her commentary every night, continue to waste their time and brain cells watching her? How could responsible executives at a news network hear that and not take remedial action, if they have any regard for journalism as all? This is literally fiction, or delusion, or the perception of someone from a parallel universe who somehow crossed over (in that universe, Mueller didn’t answer questions almost exclusively with “yes,” “no,” “repeat the question,” “that’s outside my purview” and “bvuh?!”) Wrote Jonathan Turley about Maddow’s rhetoric, ”

“That is like calling the Hindenburg disaster a rough landing. Gone is any notion of informing viewers of what actually occurred and its implications for impeachment calls. Instead, viewers heard what they expect from echo journalists: assurance that Trump remains on the ropes and the Democrats are laying a trap.”

Continue reading →

Robert Mueller’s Disastrous Testimony And Its Significance, Part Two

/ Jack Marshall / 21 Comments

Part I is here.

Random Observations on the Mueller testimony and aftermath:

  • Observing the desperate spin offered by frustrated “resistance” members, desperate Democrats and social media Trump-Haters has been almost as revealing as Mueller’s performance. The most positive  takeaway they could muster is that Mueller clearly said that his investigation didn’t exonerate the President. That’s meaningless. It is not a prosecutor’s job to exonerate anybody, ever. An investigation’s goal is to determine whether there is probable cause to determine that a crime or crimes have been committed, not to prove anyone’s innocence. The hearts of the impeachment mob leaped for joy briefly during the morning hearing of the Judiciary Committee when Mueller answered “yes” to Rep. Ted Lieu’s (D–Calif.) question whether he had declined to indict Trump because of an existing Department of Justice Office of Legal Counsel (OLC) opinion stating that a sitting president couldn’t be charged with a crime. Ah-HA!  Mueller had found evidence of illegal activity committed by the President and was only prevented from indicting him by Justice Department policy! Start those impeachment hearings!

Never mind. In the afternoon hearing before the House Intelligence Committee, reversed himself,   saying that that OLC opinion prevented him from making any determination, period, of Trump’s culpability in obstructing justice. “As we say in the report, and as I said in the opening, we did not reach a determination as to whether the president committed a crime,” Mueller told the Committee after specifically referencing the Lieu exchange.

“I want to go back to one thing that was said this morning by Mr. Lieu, who said, and I quote, ‘you didn’t charge the president because of the OLC opinion.’ That is not the correct way to say it,” Mueller said.

This did not prevent journalists, pundits and my Facebook friends from ignoring the second statement so they could falsely promote the first. “They got him to confirm that he didn’t make a charge because of the Justice Department memo,” said “Meet the Press’s” Chuck Todd in an NBC panel. No, they didn’t. That’s a direct lie, as well as fake news.

  • The contention that Mueller was only a convenient figurehead for what was designed as a partisan hit job was made more credible by Mueller’s confusion. Mueller’s chief deputy, the infamously over-zealous,  partisan and controversial prosecutor Andrew Weissmann, headed a group of mostly left-leaning investigators. Complaints about the apparent rigged nature of the investigation were met by reminders of Mueller’s party affiliation and reputation for fairness and rectitude. That defense was left in the dust.

Now the anti-Trump tenor of the report no longer suggests the objective conclusions of a political neutral, but the partisan bias of prosecutors with an agenda.

  • Mueller’s weakness also suggests an answer to the persistent question of why the investigation appeared to be so incompetently managed, as with, for example, the involvement of Peter Strzok.

It didn’t appear that Mueller was capable of competent oversight, or even paying attention.

  • The most damaging and disturbing Mueller answer by far was when he was asked about Fusion GPS, which hired Christopher Steele to compile the infamous Russian-sourced ‘dossier’ against Trump.  Mueller said that he was ‘not familiar‘ with it. KABOOM! How is this even possible, unless Weissman and the other anti-Trump Jauberts on his team kept the old man locked in a closet somewhere? The involvement of the Steele dossier undercut the legitimacy of his investigation, and the investigation’s leader  was that uninformed about its origins? Was this wilful ignorance? Blatant incompetence?

Finally, how could the investigators and Mueller justify following bread crumbs that led to indictments of various Trump administration and campaign figures for crimes unrelated to the subject of the investigation, but be oblivious to the strong indications of wrongdoing—the FBI’s FISA fraud, the conflicts of interest, the surveillance of Carter Page—related to the investigation itself?

  • In another ridiculous addition to the Ethics Alarms, “Nah, there’s no mainstream media bias!” files—at this point, I  cannot maintain any respect for the intelligence and/or integrity of anyone who denies the obvious partisan bias of CNN, MSNBC, and the major networks—I watched CNN for over 30 minutes this morning to see how they would cover the hearings. Over at Fox News, of course, Mueller’s disturbing demeanor was being dissected in detail. The “Fox and Friends” blonde of the day said, sympathetically, that she would be “praying for him and his family,” since something is definitely seriously wrong.

At CNN, however, there was just a crawl representing Mueller’s testimony as straightforward, sticking to the report, and, of course, emphasizing the “no exoneration” statement and his answer to Lieu, retracted though it was. CNN showed no video of Mueller from either hearing, and its panels all focused exclusively on “where the Democrats go from here.”

Incredible. (Can something be simultaneously incredible and unsurprising?)The big news from the hearings, what those who didn’t have the time or stamina to watch them needed to know, was unquestionably Mueller’s frightening lack of preparation, clarity, or knowledge of the report he had signed and the investigation he had supposedly overseen, and how this undermined the report’s legitimacy, especially as an anti-Trump document.  Not only did he fail to give Democrats more ammunition for their coup as they clearly hoped it would, he undermined the credibility of the entire report.

Spin is one thing; intentionally hiding what occurred to make spin easier is something very different, and a major breach of journalism honesty and integrity.

  • Mueller’s repeated concern during his testimony regarding Russian interference in our elections, past and future, is being largely ignored by CNN and the rest because it directly points the finger of accountability to Barack Obama. The Mueller report  states that Russia began interfering in American democracy in 2014, with the operation becoming full-blown during the 2016 presidential election. The Obama administration knew this was going on, and took no discernible action.  In 2016, Obama’s National Security Adviser Susan Rice told her staff to “stand down” and “knock it off” as they drew up plans to “strike back” against the Russians, according to  Michael Isikoff and David Corn in their book “Russian Roulette: The Inside Story of Putin’s War on America and the Election of Donald Trump.”

Yet I continue to read attacks on Trump because he didn’t take adequate steps to foil the Russians,

  • Where is the accountability? House Judiciary Chairman Jerry Nadler had said over the weekend that Mueller’s report showed “very substantial evidence” that President Donald Trump is “guilty of high crimes and misdemeanors” — an impeachable offense. “We have to … let Mueller present those facts to the American people, and then see where we go from there, because the administration must be held accountable,” Nadler,  said on “Fox News Sunday.” Yet Mueller’s testimony, orchestrated by Nadler,  confirmed none of this. Nadler was intentionally misleading the American public.

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Sources (for Parts 1 and 2): NBC News, Grabien, The American Spectator, Reason, Issues and Insights, The Hill,

Robert Mueller’s Disastrous Testimony And Its Significance, Part One

/ Jack Marshall / 25 Comments

A transcript of the testimony is here.

The amazing thing is that the Democrats held the hearings at all. Mueller, as a matter of legal ethics and client confidentiality, was severely limited regarding what he  could say beyond what was already in his investigation’s report. Desperate to gain some public relations traction in their endless, nation-rending determination to end a legal and duly elected Presidency without the inconvenience of an election, one can only surmise that Mueller’s ethically problematical press conference led them astray, and not only astray, but into a disaster of their own making.

The first hint that something was amiss was Mueller’s request that an aide sit by him and assist in his testimony. That was not only unusual but ominous, and the Republicans on the committee quickly rejected it. Once Mueller started answering questions, it was painfully clear why this request had been made. He looked disoriented and confused. The 75-year-old Justice Department veteran had to ask committee members to repeat their questions repeatedly, as if he was having difficulty focusing. He often did not know whether the representatives were asking him questions or if they were reading from his own report. In  the first 90 minutes of the hearing, Mueller asked for clarification of questions more than 10 times. Under questioning from Rep. James Sensenbrenner (R-Wisc.), Mueller asked: “And where are you reading from on that?” “I’m reading from my own question” was the answer.  “Then can you repeat it?” Mueller asked. The audience laughed. By the end, the audience had stopped laughing. As Obama strategist David Axelrod tweeted, the performance was “painful” to watch.  Mueller asked Rep. Sheila Jackson Lee to restate her question three times.  Rep. Matt Gaetz (R-Fla.) asked the 14 word question, “Attorney #2 in the Inspector General’s report and Strzok both worked on your team, didn’t they?” and Mueller appeared to be confused by it.“Pardon me?” Mueller replied. After Gaetz restated his question, Mueller replied: “And the question was?” Asked by Head Trump-hunter Judiciary Chairman Jerry Nadler (D-N.Y.) to explain what his investigation  found “in plain terms,” Mueller answered: “Well, the finding indicates that the president, uh, was not, uh, the president was not exculping, uh, exculpated, uh, for the acts that he allegedly committed.”

Ah! Well thank you, sir, that explains everything! Nadler looked as if he wanted to start banging his head on the table.

Continue reading →

Elizabeth Warren’s Brazen Breast Implant Lie

/ Jack Marshall / 25 Comments

This story, which was just breaking through the Mueller fiasco yesterday, literally woke me up. If I’m ever going to get any sleep, I have to write this post now, because it simultaneously disgusts me and brings me great satisfaction.

I  decided long ago that Elizabeth Warren was a principle-free demagogue and a liar. The first clue was her tap-dancing around the uncomfortable fact that she had been practicing law without a valid license in Massachusetts. Then there was her cynical use of a Cherokee heritage she didn’t have to gain diversity benefits when she was seeking positions on law school faculties, and her long, long, stubborn resistance to coming clean about the fact that she was not, in her words, a “woman of color” despite posing as one for decades.

This last should have permanently made a run for the Democratic Party 2020 nomination futile, but Warren threw her war bonnet into the ring anyway, counting on her considerable talent for demagoguery  and her willingness to say anything and espouse any extreme position  to make her candidacy viable in a shockingly weak field.  She is, when you think of it, the closest equivalent to Hillary Clinton that the Democrats have, and as this story demonstrates, in all the worst ways.

Warren has been claiming for years that as a lawyer she fought for the women who were victims of dangerous silicon breast implants. Not only is that not accurate, it’s an audacious  and calculated lie.

The truth was initially exposed by Professor William Jacobson, the proprietor of the conservative blog,  Le*gal In*sur*rec*tion when Warren was running for the Massachusetts Senate in 2012, though it was largely ignored then: the news media was too invested in getting Democrats control of the U.S. Senate. Then she brazenly continued the false narrative in 2019, prompting Jacobson to tell Tucker Carlson about it this week on Fox news, but more importantly, inspiring the Washington Post to resort to actual journalism even though it harms a sweetheart of the “resistance” and a relentless critic of President Trump. [Why would it do this? I suspect because the Post favors Kamala Harris.] From the Post on July 15: Continue reading →

MSNBC Legal Analyst Tweets Fake News, Social Media Makes It Viral, Prof. Turley Makes Excuses. Yecchh. [UPDATED]

/ Jack Marshall / 17 Comments

First, MSNBC legal analyst Joyce Alene Vance sends out the completely false tweet above. Of course Fox News covered the hearing. Why would she do that? Is it because she works for all all-anti-Trump-spin all the time network? Or is it because she’s a hard core partisan, having been an Obama U.S. Attorney? Maybe its because she’s not a journalist, and has no idea what kind of standards journalists are supposed to use before reporting “news.” Then again, virtually nobody at MSNBC appears to know what ethical journalism is.

Whatever the reason, she tweeted it, and immediately confirmation bias set in, with such sophisticated political analysts as horror novelist and well-established Trump-hater Stephen King helping to spread the word–three “words,” really: Fox won’t report news unfavorable to Trump, Trump is afraid of the Mueller Report (never mind that anyone’s been able to read it for months) and that Mueller’s testimony was going to be a likely calamity for the President—to his more than 5 million followers.  [NOTE: It wasn’t. It was a calamity for “the resistance” and Robert Mueller’s reputation]

Here’s King:

Continue reading →

The White Privilege Escape Room

/ Jack Marshall / 19 Comments

The white privilege trope has raised its obnoxious head in some recent Ethics Alarms threads, so this  is timely. In “The Privilege of Escape,” a new public art project by Risa Puno at Onassis USA, the recent escape room fad (you know about escape rooms, right?), participants discover after their “escape” that some participants were given easier challenges than others. From the approving review by Times critic Jillian Steinhauer:

“As we reunite with the second group, we discover that they didn’t escape in time — not because their members lacked skills or intelligence, but because of the room they were in. Simply put, they were forced to play with a major handicap, whose challenges they were unaware of because it was presented as part of the game. (When asked for feedback, someone from that group jokingly called the experience “hell.”) Meanwhile, we had the privilege of perfect conditions, which allowed us to achieve our full potential and escape.”

Ah! I see! A perfect metaphor for life in the U.S., where social injustice and bigotry create uneven playing fields, meaning that those who are successful  haven’t earned their success, and those who fail never had a chance! More: Continue reading →

Morning Ethics Warm-Up, 7/24/2019: More Wild Animal Ethics, And Wild Al Franken Follies

/ Jack Marshall / 5 Comments

Good Morning!

That’s called “morning rush hour” in Yellowstone…

1. Child services, please! Recalling the scofflaw fool who was kicked in the cajones by a wild horse he was supposed to avoid touching, we have this story in the Washington Post, about a bunch of tourists who defied Yellowstone National Park rules until this happened…

Wow! That’s the gold medal in the Bison Olympics “Little Girl Toss” for sure. She was treated and released, but her parents should be prosecuted. In the category of Rationalization #22, “There are worse things,” here’s a comment on the Post story, flagged by Ann Althouse:

I grew up about an hour outside of Yellowstone and have spent many happy years in the park. I now live on the east coast, but try to go back every few years. Every single time I’m in the park, I see people doing the stupidest, most dangerous things. The last time, I was leaving the Old Faithful Inn after supper and noticed a small herd of bison hanging around. (A very common sight) Not being a complete idiot, I decided to take a different path back to our campground, a path and would not take me near the bison. Then I noticed a man with his small child heading toward the herd. I stopped him and warned that he might want to stay away, particularly with his child. He told me to f-off and kept walking. I watched as he got very close to the first bison and then saw him pick up his child and start to try to put the kid on the back of the bison. A bunch of other people started shouting and I ran for a ranger. Thankfully, the ranger managed to stop the idiot before tragedy. Unusual? Not really!

2.  Can #MeToo survive progressive hypocrisy? Personally, I hope so. Sexual harassment is a massive problem; I keep telling my legal ethics audienbces that the legal profession’s Harvey Weinstein will be exposed any time now, and probably will lead to many Harveys-at-Law. However, the more the movement is weaponized for political expediency, the less credibility it has. Continue reading →