2016 Post Election Ethics Train Wreck

MSNOW Revives Axis “Presidential Removal Plan E” In the Dumbest Way Possible, Raising the Need For a Similar “Incompetent Journalist Removal Plan”

/ Jack Marshall / 21 Comments

It should be clear by now that MSNOW, previously MSNBC, exists only to misinform the public and make Americans more ignorant and divided than they already are. When I learn that a friend gets his or her news from this entirely propaganda-obsessed network, I conclude, reluctantly that this friend is now an idiot, and I will have to confine our conversations to, oh, movie trivia or something.

As I peruse three news cable channels during the day, hoping to learn something either about the world or the ongoing deterioration of U.S. journalism ethics, there are certain faces that repel me like opposite pole of a magnet. Brian Stelter on CNN. Hannity on Fox News. Literally everyone on MSNOW, of course, but Jonathan Capehart is particularly prone to saying really stupid things as if they were worth listening to.

On “The Weekend” this week, Capehart set a new low even for him. He was so horrified by the President making the quip about surprise and Pearl Harbor in front of the Japanese Prime Minister—standard fare for Trump, who enjoys doing and saying quiet parts out loud and doesn’t care who is offended—that he railed,

“I sometimes wonder, why are we not having a 25th Amendment conversation about this president?Because a comment like that, if it had come out of the mouth of President Biden, we would have been in rolling coverage about how Republicans on the Hill think that he should be removed from office for talking to an ally like that, and making that comment in response to a question from a Japanese journalist.”

I know I could spend all my time on Ethics Alarms pointing out the astoundingly flagrant bias and Trump Derangement displayed by members of the Axis media, but Capehart’s idiocy in this instance is epic. Let’s see…

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Ethics Quote of the Month: Ninth Circuit Judge Kenneth K. Lee

/ Jack Marshall / 15 Comments

“District courts cannot stand athwart, yelling ‘stop’ just because they genuinely believe they are the last refuge against policies that they deem to be deeply unwise.”

—Judge Kenneth K. Lee of the Ninth Circuit Court of Appeals, writing  separately as a panel overruled a district court and held that the President had the power to suspend the Refugee Admissions Program.

Of course he did. The law and Constitution is clear on that point, but a woke District Court halted the President’s decision anyway. This was unethical as well as illegal, but, as Prof. Josh Blackman writes,

“President Trump is back in office, progressives still challenge virtually every action he takes, and judges in blue states continue to grant relief. No surprise there. But there is a new dynamic. Now, not only are lower court judges resisting the President, but they are also resisting the Supreme Court. In August, Justice Neil Gorsuch rebuked an attempted . Judge Brian Murphy of the District of Massachusetts managed to get reversed twice by the Supreme Court in the same case. “When this Court issues a decision,” Gorsuch wrote, “it constitutes a precedent that commands respect in lower courts.” Gorsuch added that “[t]his Court’s precedents, however, cannot be so easily circumvented.” 

Remember, it is Trump’s opponents who keep accusing him of breaching “democratic norms,” yet the Axis of Unethical Conduct ( the “resistance,” Democrats and the media that carries on their propaganda) is literally defying the greatest democratic norm of all, the Constitution. Blackman calls this attempted usurpation of power by activist, partisan judges “judicial resistance,” in other words, an abuse of judicial power for partisan objectives. It is—this is me and not the professor saying this—grounds for impeachment. President Trump is not exceeding his Presidential authority as the Trump Deranged scream, but rather the judges and courts that are interfering in the Constitutional hierarchy. Unethical, you think? Damn right.

Blackman:

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Be Proud, Democrats! This Is The Face of Your Party:

/ Jack Marshall / 16 Comments

Nice! And Carville speaks for if not all, a majority of the Axis. I defy anyone to justify this with facts and logic as opposed to an appeal to emotion. There is no justification, and Carville’s party’s determination to make hatred for the nation’s elected leader viral and controlling of our nation’s fate and policies is ethically indefensible.

Nor do I care to hear protests that Carville is an outlier. A showboat, yes, but he is expressing exactly what the American Left has allowed to sustain its agenda. Hate. Ugly, corrosive, irrational, destructive hate. We saw the antics of Democrats during the State of the Union, and it was only a slight escalation of Speaker Nancy Pelosis despicable conduct during Trumps 2020 SOTU. The democrats are all Carvillized. Some just hide it better than others.

Amazingly, most of the hate is rooted in bitterness and bad sportsmanship. Democrats lost power because they proved themselves dishonest, corrupt and incompetent…and their reaction to losing is anger? Fury? Hatred of the man who beat them? How juvenile. How embarrassing.

How unethical.

How sad.

“Nah, There’s No Mainstream Media Bias!” Challenge: Defend This Column…

/ Jack Marshall / 12 Comments

I warn you, however: it you try and are serious, I’ll may ban you for being dishonest, or too stupid to participate in an ethics colloquy.

Aaron Blake, a senior political reporter for Washington Post who hails from Minnesota (oh-oh!) authored this steaming pile of bias for, no surprise, CNN. The title: “Why Trump accepting Machado’s Nobel Peace Prize is no laughing matter.” Somehow, this Trump Deranged mega-hack argues that there is something sinister about the President of the United States accepting a sincere gift from a foreign visitor. The essay itself is the essence of Trump Derangement. It defines the warped thought processes whereby anything this President does is by definition wrong because he did it.

Venezuelan opposition leader María Corina Machado has explained, several times, why she handed over her Nobel Peace Prize to the President, saying, graciously, “He deserves it.” A very strong argument can be made that she’s right on the facts, but never mind: Blake jumps immediately to the worst imaginable appeal to authority: he notes in his second paragraph that Jimmy Kimmel, easily the most repellent personality on network television today, made fun of the award. The column, incredibly, manages to go down hill from there…

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Just Because She Can’t Be Sued For It Doesn’t Make Hillary’s Latest Shameless Lie Less Damning

/ Jack Marshall / 16 Comments

My sympathy for Hillary Clinton has finally run out.

For a long time, I have wanted to give Clinton every bit of leeway imaginable since her fluky, statistical anomaly Electoral College loss to Donald Trump in 2016. It’s an ethicist thing; the Golden Rule is strong here. What must it feel like to be that close to achieving your dream and to have it yanked from your grasp at the last moment? Oh-oh…I’m making Hillary sound like Moonlight Graham.

Still, I can understand why she has been so bitter and angry ever since. On the other hand, to go from “Field of Dreams” to “The Godfather”: this is the life she has chosen. “Politics ain’t beanbag.” It’s been 10 years. Time to grow the hell up.

Hillary’s latest outburst of Trump Hate—always wrongly placed because her own ineptitude, corruption and foolishness lost her that 2016 election—-came on the anniversary of Teddy Roosevelt’s death—wait, no, that was the worst thing that ever happened on a January 6th, but Hillary was using the date to misrepresent the stupid January 6, 2021 riot at the Capitol. Clinton posted a comment on X, declaring, “Five years ago today, Donald Trump urged his supporters to attack Congress and the Capitol over a proven lie.”

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Inspired By “No Kings,” Sasha Stone Authors the Substack Essay of the Year

/ Jack Marshall / 5 Comments

You’re damn right he is. Because you deserve to be mocked….as Sasha Stone devastatingly explains in the sharpest defenestration of the Axis of Unethical Conduct that I have read this year (current company excepted, of course.) 

You can read it all here. I have been burned all three times I subscribed to a substack, but Sasha Stone’s essay on the implications of the “No Kings” tantrum yesterday was so superb that I may subscribe just to reward her, even if she takes a multi-months long posting vacation like Glenn Greenwald did, or go nuts, like Ken White. Not only was her piece virtually exactly what I would write today, I almost thought I did write it.

Stone is a film industry blogger who has lived and worked in the Hollywood progressive bubble. Naturally she was a Democrat, but was red-pilled in 2020, as rational citizens should have been, and increasingly become a critic of her former party and fellow travelers.

These are some highlights from “No Kings: The Lunatics Are Running The Asylum,” but again, read it all…

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On the Ridiculous “No Kings” Protest

/ Jack Marshall / 20 Comments

Late first post again today, for a very good reason: I’ve been researching and pondering what to write about the sad, pathetic, useless (well, maybe not useless, as I will elaborate on later) “No Kings” protests today. It even took me a long time to settled on the most direct and simplest of the myriad hilarious memes on the topic, as you can see above. (Powerline has a bumper crop in its weekly conservative meme collection, here.)

I was originally going to feature a depressing photo posted on Facebook this morning by two of my favorite people, both retired lawyers, both learned, accomplished and intelligent, and catastrophically Trump Deranged. It shows them smiling in a gathering mob of D.C. “No Kings” protesters, as they hold one of the vague protest signs printed up with George Soros’s money. Sure, I was going to blur out their faces, but I don’t want them to take my criticism (or diagnosis) personally. It’s not their fault that they have lost their frickin’ minds. They live in a bubble, they have always been Democrats, they subscribe to the Washington Post, but they had no way of predicting that their powers of critical thinking could ever be so eroded by hate, bias, and misinformation.

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Trump Derangement and Professional Ethics Rot Update: The Association of Professional Responsibility Lawyers

/ Jack Marshall / 1 Comment

As the American Bar Association amply demonstrates, the American legal profession is overwhelmingly left-leaning and left-biased, not because lawyers are especially informed or intelligent, but because they overwhelmingly graduate from law schools devoted to progressive indoctrination, with law journals that actively discriminate based on viewpoint bias. State and local bar associations are governed and staffed by similarly aligned individuals; reading these organizations’ flagship magazines is an exercise in wading through progressive propaganda. Fighting for the rights of “migrants.” Celebrations of “Diversity, Equity and Inclusion.” White men are a minority among bar association presidents.

I belong to association of legal ethics lawyers, including ethics partners, professors, CLE ethics trainers, those who defend other lawyers accused of malpractice or professional misconduct. Most of the time, the topics discussed on the group’s listserv are interesting and pertinent to my practice (legal ethics experts don’t agree on much). Since 2016, however, the Democratic Party bias of the group and its attendant Trump derangement has increasingly raised its ugly metaphorical head. The conservatives on the list as well as those who realize the inappropriateness of political topics generally stay silent (those ethics referrals are lucrative, after all) until the screaming at the sky gets ridiculous, and the moderator steps in to remind everyone that the discussion is supposed to be confined to legal ethics.

I just renewed my membership, and almost immediately a topic titled “Desperate Times” popped up, launched by (of course) the California lawyers in the group. After waking up to another long post about how “we lawyers” needed to organize to fight all of these terrible policies, I replied,

“This topic has nothing to do with legal ethics, and reinforces my conclusion that the legal ethics profession, like so many others, has deteriorated into a partisan, biased, bubble-dwelling  cabal increasingly incapable of objective and trustworthy analysis. The furious effort to spin Fani Willis’s flagrantly unethical conduct was one of many dead canaries in the mine. Is this listserv moderated, or not?”

If you can’t trust ethicists to be objective and unbiased, who can you trust?

From the Res Ipsa Loquitur Files: The President’s Quick Quip

/ Jack Marshall / 8 Comments

Two permanent fixtures of the Trump Derangement narrative are:

  • President trump has no sense of humor.
  • President Trump is slipping into dementia (like Joe Biden), and should therefore be removed via the 25th Amendment.

Both of these are demonstrably false, even absurdly false. Demented people don’t have the quick wit to pick up on a straight line like that. And Trump even had the sense to “go out on the big laugh,” as the old vaudevillians used to say. When you get a big laugh, it’s time to end your appearance.

That incident today doesn’t prove that this President is wise, right, responsible or even well-intentioned. But the fact that the Axis of Unethical Conduct that has been working without pause to destroy Donald Trump since 2016 may be explained by another fact: that their hate and bias makes it impossible for them to avoid underestimating their foe.

As Sun Tsu said (but in Chinese), “There is no greater danger than underestimating your opponent….Never underestimate your opponent or your enemy. Looks can be deceiving. You really don’t know what your opponent knows or what kind of skills he or she may have.” In the same vein, Machiavelli’s writings also repeatedly warned against underestimating an opponent, and to assume that your adversary is “always capable and cunning.”

The ethics values at issue here are competence, prudence, objectivity, professionalism, respect, fairness, and perspective.

Morons…

Boy, And I Thought The Last Times Op-Ed I Criticized Here Was Bad! Peter Baker Says, “Hold My Beer”!

/ Jack Marshall / 3 Comments

If you can read the crap the Times’ Peter Baker threw at us in “In an Era of Deep Polarization, Unity Is Not Trump’s Mission” without getting the dry heaves and being tempted to destroy you computer screen with a hammer, you have a piece missing. Its subhead: “President Trump does not subscribe to the traditional notion of being president for all Americans.” KABOOM. Head exploded, brains on walls and ceiling. How date Baker write that? How dare the Times print it? This is simultaneous smoking gun evidence of Trump Derangement, incurable bias, and denial of reality. The gift link is here. Have a bucket nearby. Here’s the gift link. I don’t think the opportunity to read such malign, intellectually dishonest junk is truly a “gift.”

To state the obvious, Baker has the utter gall to make his fatuous assertion following a sort-of President who did this…

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