2016 Post Election Ethics Train Wreck

Ethical Quote Of The Month: Former Harvard Law Professor Alan Dershowitz

/ Jack Marshall / 81 Comments

“If it was a polite request saying, ‘Oh, you know, he’s a good guy, Flynn, I wish you’d back off this thing,’ that’s not an obstruction of justice. If it was a command, it would raise stronger problems.”

—Retired Harvard law professor , Constitutional scholar, lawyer, liberal and CNN commentator Alan Dershowitz, trying to explain to MSNBC what “obstruction of justice” means.

I’ve never been a Dershowitz fan, but when the List of Shame is complied after the Post 2016 Election Ethics Train Wreck has finally ground to a halt, he’ll be on another list: the one containing those who maintained their integrity.

He needn’t have bothered: the news media/Democratic Party/ “resistance'” collective has already labelled James Comey’s so far only rumored “memo” recounting that the President asked the then-FBI Director, in a private meeting in February, to close the FBI investigation of Trump’s former national security adviser, Michael Flynn, proof of criminal motives and acts.

The New York Times learned of the memo from two people who claim they had read it. One of them read part of the memo to a Times journalist.  According to these unnamed sources’ description of the memo, Trump told Comey, “I hope you can let this go” in a meeting that took place the day after Flynn was forced to resign.

“I hope you can let this go” would be consistent with what Dershowitz, no Trump supporter but apparently yet to be infected with the integrity- and logic-destoying anti-Trump virus, accurately described as “not an obstruction of justice.”

The Times, however, a card-carrying member of the “overturn the election” cabal—we know this because it stated last August that defeating Trump justified tossing journalism ethics into the trash, and because since the election, its pages have from the book reviews to the op-ed pages have been filled anti-Trump propaganda—called Trump’s reported request “the clearest evidence that the president has tried to directly influence the Justice Department and FBI investigation” into links between Trump associates and Russia. This must mean that there is no evidence, at all, since saying “I hope you can let this go” is barely influence at all.

The news of the alleged memo was breathlessly hailed by the “Can we impeach him now?” fanatics, including some readers of this blog who should know better and once did, as a “bombshell.” As Alan Dershowitz dispassionately points out, and as I have in the comment threads, it’s no bombshell. This is not  remarkable observation; a New York Times contributor was even allowed to agree with Dershowitz. (The Times can’t completely commit to the lynch mob, for then its efforts to aid and abet would be less valuable. It’s quite a tightrope these people are walking….). Constitutional law prof Elizabeth Price Foley wrote, Continue reading →

Scouting Ethics: The Cookie Thief And The Loathsome Left

/ Jack Marshall / 56 Comments

1. Now THIS is an unethical troop leader!

Law enforcement authorities in Kentucky are are currently looking Leah Ann Vick, 26, a Girl Scout troop leader who appears to be on the lam after picking up a large order of yummy Girl Scout cookies for her Wilderness Road chapter as well as, it is believed, orders belonging to other troops in Pikesville, Kentucky.

Vick was supposed to pay for the cookies once they had been sold—their value is $15,000— but she never returned, nor did she drop off her troop’s cookies with her scouts. She has disappeared, apparently taking the cookies with her. She has been indicted by a Pike County grand jury on a charge of “felony theft by unlawful taking.” Vick faces up to ten years in prison if convicted

This will not end well. I fear that she will finally be caught, weighing 300 pounds with incipient diabetes, wedged in a revolving door as she desperately stuffs the last Thin Mints into her mouth….

2. The Insufferable Arrogance of “The Resistance”

The New York Times gleefully described a satirical one-night-only “documentary drama” assembled from edited transcripts of the Senate confirmation hearings for members of President Trump’s cabinet. Titled “All the President’s Men?,” produced by the Public Theater and London’s National Theater, it featured such actors as the politically objective Alec Baldwin as Rex Tillerson and Academy Award Winner Ellen Burstyn as that heroic figure, Elizabeth Warren. This event was, of course, progressive Trump-hater masturbation, and the Times reports that the “liberal audience laughed and groaned and occasionally whooped…then rose for a standing ovation.”

Not that there’s anything wrong with that. However, the fact that David Remnick, editor in chief of The New Yorker, was one of the performers tells us all we need to know about that alleged journalistic enterprise’s ability to be fair and objective about the President, as well as how blatantly journalists now proclaim their anti-Trump bias as virtue-signalling.

The Times also observed this:

“It’s unlikely that the real Mr. Tillerson paused for a laugh after championing his honesty by saying, “You are aware of my longstanding involvement with the Boy Scouts of America.”

This is signature significance, showing us the utter loathsomeness of Mr. Baldwin and also the audience this production pandered to. Tillerson deserves nothing but praise for his work with the Boy Scouts of America. Continue reading →

This Is The Heartbreak Of Anti-Trump Brain Loss…

/ Jack Marshall / 158 Comments

We already beheld the sad spectacle of one of the nation’s most distinguished and respected legal minds beginning to crumble under the dual attacks of anti-Trump hysteria from his peer group, and the inexplicable power of social media to make wise men and women behave like idiots..here (my linking function isn’t working this morning: http://lawnewz.com/high-profile/in-dumbest-move-famous-law-prof-broke-ethics-rules-in-apparent-shot-at-trump/), when famed Harvard Law scholarLawrence Tribe breached a basic and legal ethics principle by issuing a tweet implying that Donald Trump had once asked him about a legal matter, and wouldn’t you all love to know what it was?  When I mention this to lawyers in my legal ethics seminars, they literally laugh and roll their eyes. They know lawyers can’t do this: why didn’t the famous Constitutional Law prof from Harvard Law School have his well-oiled  ethics alarms go off? It was because, I explain, Twitter often turns lawyers and other professionals into fools, and what brains social media hasn’t chewed up can be swallowed by anti-Trump madness.

That was before the election, and poor Tribe’s deterioration has  continued. Three days after the President was sworn in, Tribe joined a group of deranged lawyers and the early stirrings of the “resistance” to sue Trump for violating the obscure Emoluments Clause, which, sane and objective authorities agree, was not intended to apply to a President who has his name on hotels, making the claim that this unprecedented situation constitutes a government official receiving prohibited payments from foreign governments. The theory is not just a stretch, but an embarrassingly  partisan one that a respected Constitutional law scholar should have been mocking, not joining.

Now Tribe has really gone around the bend, and may soon be seen wandering aimlessly through Harvard Square, wearing a Red Sox cap, muttering to himself and carrying a crudely lettered sign. Continue reading →

Five Reasons Why This Was President Trump’s Dumbest Tweet Yet

/ Jack Marshall / 81 Comments

(I’m not counting the impulsive re-tweets from white supremacist and anti-Semitic sources.)

1. All tweets from a President of the United States who lacks rhetorical skills, common sense and self-restraint are unprofessional and self-destructive. That’s the foundation.

2. Ex-FBI director Comey isn’t the President’s enemy. Comey has acted, for the most part, with fairness and grace since being sacked. It is absurd to keep attacking him.

3. Threatening private citizens—which is what Comey is now— from the White House is ugly, unseemly, an abuse of power and only harms Trump. He fired Comey from a job he obviously wanted and loved. Isn’t that enough? This appears to be gratuitous harassment and petty nastiness…and appears that way because it is.

4. Tapes? TAPES? Trump mentions secret tapes while his foes and the news media is trying to make tortured comparisons to Watergate?

KABOOM!

This is signature significance for idiocy, or a death wish, or terminal jerkism, or something. TAPES????

5. “When in a hole, stop digging.” How can a man be successful in business and public life and not have learned this basic principle?

Reluctant Additional Ethics Notes On A Manufactured “Crisis”: The Comey Firing Freakout

/ Jack Marshall / 90 Comments

1. When this ridiculous episode is recounted in history books, if it is, it will only be as an example of how the news media worked in tandem with Democrats to undermine the President of the United States, and deeply wounded American democracy and the public trust as a result. I suppose if it is recounted, it will either be as one of the many factors that led Americans to express disgust for both the news media and the Democratic party, forcing the first to shape up and the latter to re-invent itself, or, under the worst case scenario, to explain how the United States lost its Constitutional government.

2. A President of the United States fired an FBI director who deserved to be fired, and everything else is political warfare and public disinformation. A President firing someone he had the power to fire and that most Americans rightly believed should be fired cannot be a scandal, a crisis, or anything else worthy of the hysterical coverage this story has received. The coverage of the story is the antithesis of the journalism ethics tenet that journalists cover stories but do not create them.

3. President (and candidate) Trump is certainly at fault for handing his enemies sticks to beat him with. I put this is exactly the same category with a voluptuous woman walking into a bar full of drunken, rowdy men and doing a provocative dance to the jukebox as they hoot and drool. She should be safe, but she isn’t, and she should know that she isn’t. The drunken dogs should be trustworthy not to sexually assault her, but they aren’t,   When she ends up like Jodie Foster in “The Accused,” it is her sexual assailants who are guilty, but it is not blaming the victim to ask, “What the hell were you thinking?”

4. Of course, as has been proven at nauseating length here and elsewhere, President Trump does not think, at least in the professional sense of the word. It was stupid to throw out compliments to Vladimir Putin. It was stupid to make defensive-sounding comments about the Russian hacks because he didn’t want to admit that any factors led to his election other than his essential brilliance. One  indication that there are no sinister connections between Trump and Russia is that if there were, it would be mind-numbingly moronic for Trump to do anything but show hostility to the country and its leaders. It is only slightly less moronic for him to say these things when he has nothing to hide regarding “Russian ties.”

[An aside: a recent commenter on another thread repeated the oft-cited nonsense that Trump must be smart (like he says) because he has an IQ of 160. If Donald Trump scored 160 on an IQ test, then IQ tests should be thrown out and never used again. However, that claim is imaginary. (IQ tests don’t prove you are “smart,” either, but that’s a different issue.) A researcher once estimated Trump’s IQ based on his admission to Wharton and the gross average IQ of Wharton grads, which is itself a phony number. Then this  (incompetently) estimated figure was used by other hacks in some of those “Who was the smartest President?” articles, which estimate the IQs of the Presidents using the same kind of bad reasoning as the process that arrived at the figure for Trump (it was 156, not 160). In truth, nobody knows what Trump’s IQ is. Everybody knows, however, or should, that he does and says an astounding number of dumb things, many of which mostly have the effect of harming him, or his ability to do his job.] Continue reading →

UPDATE: More Ethics Notes On The Comey Firing Meltdown

/ Jack Marshall / 168 Comments

In this matter, at least, President Johnson was right…

1. In 1867, the Radical Republican dominated Congress passed The Tenure of Office Act, an unconstitutional breach of the Separation of Powers that took away the President’s ability to fire his own Cabinet members without the legislature’s approval. President Andrew Johnson, extremely unpopular in the victorious North and more so with his own party (Johnson was a Democrat, added to Lincoln’s ticket as Vice-President to bolster Lincoln’s desperate bid for re-election in 1864), deliberately defied the law by firing War Secretary Edwin Stanton, a Lincoln appointee and an ally of the Radicals. In response, Johnson’ own party led a n effort to impeach him, and he was narrowly saved from conviction by a single vote in the Senate. The Act was soon ruled unconstitutional, as Johnson said it was. As lousy a President as he was, Johnson had every right to fire someone who served at his pleasure, and doing so was not an impeachable offense.

2. The Democrats and journalists who are—absurdly, irresponsibly, embarrassingly, hysterically—calling for President Trump’s impeachment for firing James Comey neither know their history  nor respect democracy. Just check off the names of anyone, including your friends and colleagues, who make this argument, as hopeless, deranged partitions without perspective or integrity. I’m making my own list, with early entries like Maxine Waters and Vox, which beclowned itself by writing that a President’s lawful firing of a subordinate who clearly deserved it raises the  possibility of impeachment. At least the Radical Republicans had an unconstitutional law to back that theory: Vox has nothing but, of course, the Left’s hate campaign against the President of the United States. Then there are Reps. Ruben Gallego (D-AZ) and Mark Pocan (D-WI)  who also think a firing for cause is grounds for impeachment. Gallego:

“We are certainly moving down that path. There is a lot of runway until we get there, but the president is not helping himself by firing the person investigating him. … We don’t have the numbers to do something right now, but when it comes to a point when we feel there is no other recourse, you’d have — I think — we’d have the full support of the Democratic caucus.”

Pocan said that impeachment might be possible “if there was obstruction of justice by firing [the] FBI director … We’re seeing Democrats and Republicans concerned with timing of this decision … We would first need a majority in Congress or some Republican votes … but we need to keep every tool available to make sure the President follows the law.”

Ethics alarm: who elects idiots like these? I have searched for any situation, anywhere, in which a legal and justifiable firing of an official was prosecuted as “obstruction of justice.”  Nor is an act that is neither a crime, nor a “high crime or misdemeanor,” nor something a President isn’t clearly empowered to do “moving down” the path of impeachment.

3. This is public disinformation, aided and abetted by the news media. The primary ethics issue in the Comey firing is that it is just another stage of an unethical, dastardly effort by Democrats, progressives, the left-leaning news media and their allies to veto a Presidential election that they lost by their collective arrogance and incompetence, and to undermine the United States’ elected leader no matter what harm comes to the nation as a result. The firing itself was legal, ethical, and responsible, indeed overdue. Representing it as otherwise is designed to cause fear and confusion among the public. Responsible citizens are obligated to counter this in any way they can. Continue reading →

More Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 88 Comments

It’s all this guy’s fault…

I have read the initial comments on the original post-–which I interrupted my viewing of a Red Sox game to write, just so you know how dedicated I am—had some additional thoughts and processed some new data. Here are some more observations:

1. The New York Times biased reporting is even worse than I thought. Today’s print edition has a “Saturday Night Massacre” size headline screaming:

TRUMP FIRES COMEY AMID RUSSIA INQUIRY

This is deceit, and, as I noted before, yellow journalism. It is technically accurate, but misleading and false anyway. Trump also fired Comey in May,  “amid” the North Korea crisis, and while the Orioles were playing the Nationals. There is absolutely no evidence whatsoever that Comey’s firing had anything to do with the Russia investigation except this: Comey thoroughly botched the last major investigation the FBI was engaged in.

The Times goes further, adding another above the fold story headlined, “The President Lands a Punch, and Many Hear Echoes of Watergate.” Ah, the old “many say/many hear/many think” ploy—an unethical journalism classic. Let’s seed the unfair suspicion without taking responsibility for it! Hey, we didn’t say we thought that, just that others do!

2. Many have noted that President Hillary would have fired Comey within seconds of taking office, or as close to that as possible. This is doubtlessly true. It is also true that Republicans would probably be attacking her with as much fury and blatant hypocrisy as Democrats are attacking the firing now.

But doing something unethical in an alternate universe is still not as damning is doing it in this one.

3. I have been working on a “100 Days” overview of the ethics score since President Trump took office. In general, it is both remarkable and disturbing how closely the President’s actual performance tracks with my expectations, as explained over the last two years. One aspect of this mostly negative assessment that is undeniably positive, however is that President Trump, unlike his predecessor, does not fear making decisions, and makes them despite the amount of criticism he knows will be coming, especially from the news media. (The previous President knew that he had nothing to fear from the news media, since it was invested in making him seem successful and wise even when he wasn’t.)

The firing of Comey is a perfect example, as was the decision to enforce, belatedly, Obama’s “red line” in Syria.

4. Nowhere near enough focus has landed on Rod Rosenstein (left) , the  deputy attorney general who was only confirmed a couple of weeks ago ( April 25, 2017). Rosenstein is an impressive lawyer with a long, distinguished  record in both Democratic and Republican administrations, and authored  the  “Memorandum to the Attorney General” on the subject of “Restoring Public Confidence in the FBI.” This articulates the best reasons for firing Comey, and any critic who argues that it made sense to keep him on is tasked with rebutting Rosenstein’s brief. Good luck with that.
Continue reading →

Ethics Observations On The Firing of FBI Director James Comey

/ Jack Marshall / 199 Comments

President Trump on Tuesday fired the director of the FBI, James B. Comey today. Rod Rosenstein, the new deputy AG who replaced Sally Yates, prepared a memo that recommended the firing, and Attorney General Jeff Sessions concurred.

Ethics Observations:

1. Here’s how the New York Times described the firing in its story’s opening sentence:

President Trump on Tuesday fired the director of the F.B.I., James B. Comey, abruptly terminating the law enforcement official leading a wide-ranging criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election.

That’s pretty despicable, and as blatant an example of intentional negative spin as you are likely to see, even from the Times. There were so many justifications for firing Comey that the mind boggles. Attaching the act to the one elicit reason for firing Comey is just yellow journalism, and nothing but. The Times is really a shameless partisan organ now.

2. Should Comey have been fired? Of course. He didn’t have to be fired, but to say that at this point he was not trusted by either political party and was widely viewed as incompetent would be an understatement  The fact that his testimony before Congress last week was not only riddled with errors, but riddled with errors that made headlines, was reason enough to fire him.

From the Washington Post:
Continue reading →

Ethics Observations On Bill Maher’s Incest Joke About Ivanka Trump

/ Jack Marshall / 28 Comments

This is my favorite photo of Bill Maher. It captures the essence of his charm, his manners and his wit so perfectly…

Following the (much deserved and still not sufficient) criticism of Fox News’ Jesse Watters’ leering “joke” about Ivanka Trump’s handling of a microphone, HBO’s Bill Maher gave conservative critics an opportunity to trot out the  “we have standards, where are yours?” accusation against liberals when the host of “Real Time” made suggestive gestures while talking about how the First Daughter “helps” President Trump.

“What do you make of Ivanka and her efforts to sort of humanize her father?”, the comic asked guest Gabe Sherman ( a writer, book author, Fox News critic and a vocal one regarding Watters’ incivility). “We see all this misogyny at Fox News [ KABOOM!, incidentally. If there is anyone on earth other than the President more ethically estopped from accusing someone else of misogyny, it’s Maher, who flings “cunt” and “twat” at women he disagrees with and who cheered Bill Clinton’s exploitation of Monica Lewinsky on the grounds that “he works hard, and he deserves it”); we see it in Donald Trump himself. A lot of us thought, Ivanka is gonna be our saving grace.” Then, as he mimed Ivanka masturbating her father, Maher continued, “When he’s about to nuke Finland or something, she’s gonna walk into the bedroom and—”Daddy, Daddy…’Don’t do it, Daddy!”‘

This most recent vulgarity by Maher as his audience of hateful left-wing boors hooted on cue even moved the progressive tool Daily Beast to complain that “if liberals are going to castigate Donald Trump for his boorish, sexist behavior, they shouldn’t behave in a similar fashion” —a point that is too little and far too late in the case of proudly boorish, sexist Bill Maher.

Ethics Observations: Continue reading →

Update On Stephen Colbert’s “Cock Holster” Slur: Questions Answered Regarding The Comic, CBS, His Fans And Supporters…And The News Media

/ Jack Marshall / 40 Comments

As discussed here yesterday, Stephen Colbert strung a gross, vulgar, precedent-shattering string of ugly ad hominem insults against the President of the United States this week, a volley that included the homophobic slur “cock holster,” insinuating, because such an image is so hilarious, that the leader of his country fellates Vladimir Putin. Last night he answered the collective criticism. Here is what he said, and said with the repulsively smug “aren’t I clever and amusing!” smirk that has always made this comic hard to watch for me (Samantha Bee does the same thing). As a professional director, I think it’s bad technique, and hackish. But I digress…back to Colbert:

“I’m your host, Stephen Colbert. Still? I am still the host? I’m still the host!!…Now, if you saw my monologue Monday, you know that I was a little upset at Donald Trump for insulting a friend of mine. So at the end of that monologue, I had a few choice insults for the president in return. I don’t regret that. He, I believe, can take care of himself. I have jokes; he has the launch codes. So, it’s a fair fight…While I would do it again, I would change a few words that were cruder than they needed to be.”

Then he pandered to the critics who condemned his “cock holster” joke as homophobic by blathering briefly about how anyone who expresses love for any human being is a “hero” [Translation: “I love you all, Gay Progressives! Don’t be mad at me! Remember when you got mad at Alec Baldwin for calling a photographer a cocksucker? You forgave him because he votes for the right party, and so do I! “], and introduced gay actor Jim Parsons, who plays the uber-nerd in “Big Bang Theory” to prove it.

What did this moment tell us about Stephen Colbert?

Stephen Colbert doubled down on using the phrase cock holder on the air in a high profile network show. He did not apologize or retract the worst vulgarity that has ever been allowed to go out to millions on a pre-taped network show, and that record-worst vulgarity was directed at the President of the United States, who, like it or not, is the representative of our democracy world-wide and who, like it or not, carries the mantle of all who preceded him.

Colbert’s  justification for this is that the President insulted Colbert’s “friend,”  “Face the Nation” host John Dickerson [if you believe that Colbert and Dickerson are any more real friends than Colbert and the CBS cafeteria ladies, I have a bridge to sell you], so this justified exporting obscenity, uninvited, into millions of American homes, and further polluting political discourse and civil society.

This is signature significance. Stephen Colbert is an irresponsible, hateful, fame-addled, unprofessional asshole without the decency or ethical awareness to know when he has crossed a big, bold, long-standing cultural ethics line, or the courage to accept responsibility for it. His ethics ignorance was on display in his scripted–scripted! Like “cock-holster,” somebody was paid to write this garbage—comments. He expressed or embraced the unethical logic of Rationalizations #2, 7, 13, 14, 19A,  52,  and more.

Revealingly, Colbert, an alleged comedian, did not cite #54, The Joke Excuse, though as a holder of the Jester’s Privilege, that one was properly available to him. This signaled that Colbert was NOT joking, but being genuinely and intentionally hateful and insulting the President of the United States in as gross and demeaning a manner as he could, and that he meant it. Well, that’s an abuse of his position and the platform provided to him by CBS.

Meanwhile, Colbert stacked all of his chips on  Rationalization #11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?” He knows he can get away with conduct that would get lesser lights suspended or fired, so, like all organization high-performers who double as ethics corrupters, Colbert acted accordingly. Not only that, he gloated about it. “See? Can’t fire ME!”

There needs to be a special word for “contender for king of the assholes.”

On the plus side for Ethics Alarms, Colbert did give me a new Rationalization for the list, which I will add today: “The Pest’s Justification.” That’s when misconduct and abuse is justified because the abuser is less powerful than the abused. Abuse is abuse. “He can take care of himself” is not a justification.

Finally, the statement that he would change “a few words” is cowardly and slimy, displaying the character of a banana slug. Why would you change those words, Asshole? Because they got you in trouble? Why were they “cruder than they needed to be”? Needed to be for what purpose? If you won’t apologize for using those words, then say what the words are, again, right here, so we don’t think  you meant “Pricktator.” Continue reading →