2016 Presidential campaign

Res Ipsa Loquitur Ethics Quote Of The Day: Law Professor/Blogger/Irony Master Ann Althouse

/ Jack Marshall / 8 Comments

free-bingo-design

The NYT article tells us that Sotomayor’s remarks were published in the Berkeley La Raza Law Journal and that she also said:

“Whether born from experience or inherent physiological or cultural differences,” she said, for jurists who are women and nonwhite, “our gender and national origins may and will make a difference in our judging.”…

… Judge Sotomayor questioned whether achieving impartiality “is possible in all, or even, in most, cases.” She added, “And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.” She also approvingly quoted several law professors who said that “to judge is an exercise of power” and that “there is no objective stance but only a series of perspectives. Personal experiences affect the facts that judges choose to see,” she said.

So has Donald Trump refrained from doing a disservice both to the law and society?

—-Ann Althouse, making a slam-dunk point about the hypocrisy of the uproar over Donald Trump’s “racist”suggestion that a Hispanic-American judge might be biased against him.

Althouse and I are right, and almost everyone else is wrong. It’s obvious, and beyond rebuttal on the facts. Althouse has joined me as one who also deplores everything about Donald Trump but who is determined to call out intellectual dishonesty and unfairness in the attacks against him. She also posted this… Continue reading →

Ethics Observations On The Donald Trump-“Mexican” Judge Affair

/ Jack Marshall / 102 Comments
Judge Curial. Funny, he looks white to me...

Judge Curial. Funny, he looks white to me…

“Everybody says it, but I have a judge who is a hater of Donald Trump. He’s a hater. His name is Gonzalo Curial… We are in front of a very hostile judge. The judge was appointed by by Barack Obama – federal judge. [Boos]. Frankly he should recuse himself. He has given us ruling after ruling, negative, negative, negative. I have a top lawyer who said he has never seen anything like this before. So what happens is we get sued. We have a Magistrate named William Gallo who truly hates us..Watch how we win it as I have been treated unfairly. . . . So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . .I think Judge Curiel should be ashamed of himself. I think it is a disgrace he is doing this… It is a disgrace. It is a rigged system…They ought to look into Judge Curiel because what Judge Curiel is doing is a total disgrace. “

This is what Donald Trump said about Mexican-American judge Gonzalo Curial, who is currently presiding over the civil law suit involving now-defunct Trump University. That is all of it, with the rest being general Trump-speak.

The initial reaction in the news media and from the anti-Trump legal commentators (that is, essentially all legal commentators except the ones who have to eat alone at their law school dining rooms) was that Trump’s entire rant that contained the sentiments above were a threat to the rule of law and judicial independence. As I explained here, that was both hyperbole and a double standard.

It also, as I expected, was far too technical a complaint for the average voter to understand or get upset about, even if it had been valid and fair, which it wasn’t. So the anti-Trump forces, which are mighty and legion, decide to shift gears, and rather than attack the statement as a threat to the Constitution, condemn it  as “racist.” It was so racist that Buzzfeed decided that it could get brownie points by pulling out of an ad deal it had made with the Republican Party by professing revulsion at the party’s presumptive nominee’s “racism.”

The news media has now decided that it is just a fact that Trump’s comments about the judge were “racist.” That’s how the topic is being discussed. Nobody looks at the statement that sparked this nonsense: Trump said something racist, and that’s all there is to it.

Except that he didn’t.

I can’t keep track of all of the subsequent statements Trump has made or will make to defend himself. Since he talks like a stream of consciousness novel written by a Red Bull-guzzling cab driver, he may have said or will say something that is more inflammatory than the statement being attacked; remember, the man literally doesn’t know what is going to come out of his mouth until he hears it. For now, I’m going to stick to the statement that started this.

1. He said that Judge Curiel “was a hater.”

2. He implied that he was biased against Trump, and that this was a “disgrace.”

3. He said, in what I am certain was one of those examples where Trump’s tongue got the jump on his brain, that “we believe” the judge was “Mexican.”

4. He said that the system “was rigged,”that Judge Curiel should recuse himself, and that Curiel should be ashamed.

That’s it!

None of that constitutes a “racist” statement. It does not even constitute  a bigoted statement, and it is in no way the magnitude of offense the Democrats, media and Trump opponents are claiming, indeed, stating it to be.

Before I list the ethics touch-points in this disturbing event (the event being a news media lynch mob devoid of proportion or fairness controlling the discussion and misrepresenting a Presidential candidate), let me make this clear, as if I hadn’t already in dozens of Ethics Alarms posts: Continue reading →

Stay Classy, Congressman Vela! The Texas Democrat Uses Trump As An Excuse To Sink To A New Low In Public Discourse

/ Jack Marshall / 16 Comments
Oh, fine.

Oh, fine.

Yes, incredible as it seems, even lower than Marco Rubio implying that Donald Trump has a small penis.

It’s a long, unprofessional, roller coaster of valid arguments, unethical contentions and muddled reasoning that U.S. Rep. Filemon Vela, (D-Brownsville) stuffed into his open letter to Donald Trump. He calls Trump a racist, he implies that anyone who illegally crosses the border should be welcomed with open arms unless he’s a criminal; he incorrectly calls Trump’s suspicions about his Hispanic judge’s biases bigoted, when they are merely expressions of Trump’s ignorance regarding what constitutes a judicial conflict of interests. Time to showboat for the district constituency, I guess: you can read the whole letter here.

Like Rubio, however, Vela debased his office, Congress, his district and himself by attacking Trump in a vulgar and undignified manner, saying in his grand finale:

“I will not presume to speak on behalf of every American of Mexican descent, for every undocumented worker born in Mexico who is contributing to our country every day or, for that matter, every decent citizen in Mexico. But, I am sure that many of these individuals would agree with me when I say…

‘Mr. Trump, you’re a racist and you can take your border wall and shove it up your ass.’”

How nice. Continue reading →

Ethics Quiz: The Washington Post’s Trump Hair Orgy

/ Jack Marshall / 38 Comments

Trump Hair

Preface: I believe that it is existentially essential and an ethical duty of citizenship to prevent Donald Trump from becoming President of the United States. I also believe that the news media is obligated to report the campaign objectively and fairly, admittedly something they have increasingly appeared both unwilling and unable to do. For the mews media to elect the President by allying itself to one party is a far more dangerous threat to democracy than, for example, organizations of citizens being allowed to make whatever political statements they choose during the course of a campaign. Democrats like Bernie Sanders don’t see the news media placing its weighty foot on the scale as a problem, because they know where that foot will go: on their side of the scale, hard, like it did in 2008 and 2012.

All signs point to the news media planning to metaphorically stomp on the scale in the coming campaign and justifying it because of Trump. This is also known as “the ends justify the means.”

Today’s Ethics  Quiz continues the Ethics Alarms ongoing inquiry into what ethical journalism standards should be during the 2016 Presidential race.

Late last week, I was somewhat stunned to see the Washington Post Style Section dominated by a feature of the sort the Post usually reserves for holidays, like News Years or Valentines day. Almost the entire front page of the section was devoted to the single topic of ridiculing Donald Trump’s appearance, specifically his hair. Titled “The 100 greatest descriptions of Donald Trump’s hair ever written,” it began in part,

“Here, in the most comprehensive and highly scientific endeavor of its kind, culled from 30 years of news articles, we present the top 100 unique descriptors of the Trump mane, written by journalists or pontificators who secretly fancy themselves poets.”

Among the entries…

9. An ambitious corn dog that escaped from the concession stand at a rural Alabama fairground, stole an unattended wig, hopped a freight train to Atlantic City and never looked back

15. A mullet that died in some horrific accident

62. A dead skunk

70. A dishrag that on closer inspection is alive with maggots

Stipulating that this article appears in the Style Section, along with the comics, movie reviews and human interest stories, your Ethics Alarms Ethics Quiz of the Day is…

Was this orgy of hair ridicule of a Presidential candidate being published in a major newspaper fair?

Continue reading →

Madeleine Albright Scores A Perfect #22!

/ Jack Marshall / 13 Comments

perfect-10-score

Former Secretary of State Madeleine Albright is in some respect the perfect surrogate for Hillary Clinton, another former female Secretary of State. She has not been the deftest of supporters, however. The last time she made the news and Ethics Alarms with the statement that women who didn’t support Hillary Clinton would burn. “There’s a special place in hell for women who don’t help each other!” she said, making a pure and shameless group identification argument for Clinton’s candidacy.

Now, however, she has outdone herself, warming the cockles of Ethics Alarms’ heart by giving us a perfect Number 22 on the Ethics Alarms rationalization list [ The last perfect #22 honored here was this, in 2014]. I had conceded the Rationalization Championship in this campaign to Donald Trump and his supporters, as they avoid ethics entirely most of the time and default to rationalizations as a matter of reflex . Do they know rationalizations are neon markers of unethical reasoning? No, they don’t. The Donald’s favorites appear to be… Continue reading →

Unethical Quote Of The Week: Sam Liccardo (D), Mayor of San Jose, California

/ Jack Marshall / 22 Comments

 

“At some point Donald Trump needs to take responsibility for the irresponsible behavior of his campaign,”

—Mayor Sam Liccardo, of San Jose, California, in response to rioting and violent attacks on Trump rally attendees after a Trump speech.

I am searching for some tangential benefits—silver linings in clouds of gray, so to speak—from the ugly choice of Presidential candidates being foisted on us. One benefit is that the situation is relentlessly exposing the flawed and in many cases deplorable character of various public figures, journalists, and others, including friends who we once thought had admirable integrity, values and principles. Most likely to expose the rot beneath are the hyper-partisans.

The anti-Trump riots in San Jose were shocking and inexcusable, except by the most unethical use of rationalizations and bias. Nonetheless, Liccardo’s immediate public response to them was to blame Donald Trump for, I guess, making Liccardo’s citizens viciously attack Trump supporters. Continue reading →

CNN’s On-Screen Fact-Check Of Trump Speech: A Major Ethics Foul

/ Jack Marshall / 18 Comments

trump-cnn-fact-check

 Instapundit’s Glenn Reynolds likes to say that if the mainstream news media didn’t have double standards, it would have no standards at all. As this has rapidly degenerated into “It’s still not ethical to be unfair to Donald Trump day,” I once again have to call an ethics foul on the news media, which is apparently jettisoning all objectivity and fairness sooner in this election than ever before, as it obeys the commands of its progressive masters.

Today, CNN fact-checked Trump with an onscreen graphic that claimed one of the statements in his speech was false as they played the video. In other words, they did exactly what Rep. Joe  (“You lie!”)  Wilson did to Barack Obama in his State of the Union address. Like Wilson, CNN was correct on the facts, but still unethical. The TV audience had a right to hear Trump’s speech as his audience heard it, without simultaneous media attacks and without a negative filter. What’s next, on- screen comments like, “Boy, can you believe this douche bag?”
 Continue reading →

The State Department’s Cover-Up Tactics: So This Is Trustworthy, Transparent, Honest Government Under Barack Obama’s Leadership, Is It?

/ Jack Marshall / 17 Comments

tapper-300x197[Warning: I want to apologize for the snarky and perhaps unprofessional tone of the following post. On second thought, I don’t.]

Barack Obama’s approval ratings have been rising in the wake of the realization that Hillary Clinton or Donald Trump are his likely successors.  I can’t blame the public too much for this, as irrational as it is. Place Steve Buscemi next to the Elephant Man, and after a while he’ll seem like George Clooney.

Still, the fact that so many Americans accept/ enable this incompetent, divisive, corrupt and untrustworthy government under Obama is a major reason such unfit candidates as Clinton and Trump have gotten this far. Never before has such incompetent leadership been so extolled, especially by the news media. The standards for what Americans would accept as Presidential leadership have been lowered catastrophically under Obama, and this is one of many horrible results.

Now the State Department—you know, that major Cabinet Department Hillary Clinton ran, the one that looked the other way while its Secretary violated its policies regarding classified material, then tried to cover it up? That one—  has  admitted that a question from Fox News reporter James Rosen about the government’s secret discussions with Iran was deliberately edited out of a video to re-write history and deceive the public. The section related to secret meetings with Iran prior to the nuclear deal—you know, the one that Obama’s foreign policy advisor Ben Rhodes boasted about how it was foisted on the American people by duping the media. That one. When Fox News first flagged the missing exchange, Obama’s government dismissed it as a “glitch.”

You know. Like The IRS said that it couldn’t find Lois Lerner’s e-mails.

But this week, finding that it couldn’t stonewall any more, the State Department  told reporters  that “a staffer” had erased part of the footage from the December 2013 briefing before it was posted on the Internet. This censor reportedly did so, the State Department admitted, after receiving a phone call from an “unknown” department employee ordering him or her to do so. “There was a deliberate request—this wasn’t a technical glitch,” State now says.

Though they first said it was. When it wasn’t. To put everyone off the track. Because this is the most transparent administration ever, and has never had any scandals. None.

Do I seem annoyed? I am. Continue reading →

Observations On Donald Trump’s Anti-Judge Rant (And The Selective Outrage Regarding It))

/ Jack Marshall / 23 Comments

donald-trump

If I was still doing an “Unethical Donald Trump Quote Of The Day,” it certainly would have qualified. Here is Trump, blathering on, as usual,  at a rally about the case that is currently pending in federal court regarding the alleged charges that Trump University was a scam:

The trial, they wanted it to start while I am running for President. The trial is going to take place sometime in November. There should be no trial. This should have been dismissed on summary judgment easily. Everybody says it, but I have a judge who is a hater of Donald Trump. He’s a hater. His name is Gonzalo Curial. And he is not doing the right thing. I figure what the hell? Why not talk about it for two minutes. Should I talk about it? Yes? [cheers and applause] so we should have won. . . .

I am getting railroaded by a legal system, and frankly they should be ashamed. I will be here in November. Hey, if I win as president, it is a civil case. I could have settled this case numerous times. But I don’t want to settle cases when we are right. I don’t believe in it. When you start settling cases, do you know what happens? Everybody sues you because you get known as a settler. One thing about me, I am not known as the settler.

And people understand with this whole thing, with this whole deal with the lawyers, class action lawyers are the worst. It is a scam. Here is what happens. We are in front of a very hostile judge. The judge was appointed by by Barack Obama – federal judge. [Boos]. Frankly he should recuse himself. He has given us ruling after ruling, negative, negative, negative. I have a top lawyer who said he has never seen anything like this before. So what happens is we get sued. We have a Magistrate named William Gallo who truly hates us.

The good news is it is a jury trial. We can even get a fully jury. We are entitled to a jury, and we want a jury of 12 people. And you are going to watch. First of all, it should be dismissed. Watch how we win it as I have been treated unfairly. . . . So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . . .

A lot of people said before you run you should settle. I said I don’t care. The people understand it. And they use it. So when I have 10,000 people, and when we have mostly unbelievable reviews, how do you settle? And in fact, when the case started originally, I said how can I settle when I have a review like this? Now I should have settled, but I am glad I didn’t. I will be seeing you in November either as president. And I will say this. I have all these great reviews, but I will say this. I think Judge Curiel should be ashamed of himself. I think it is a disgrace he is doing this. I look forward to going before a jury, not this judge, and we will win that trial. We will win that trial. Check it out. Check it out, folks. You know, I tell this to people. November 28. I think it is scheduled for. It should not be a trial. It should be a summary judgment dismissal. . . .

It is a disgrace. It is a rigged system. I had a rigged system, except we won by so much. This court system, the judges in this court system, federal court. They ought to look into Judge Curiel because what Judge Curiel is doing is a total disgrace. Ok? But we will come back in November. Wouldn’t that be wild if I am president and come back and do a civil case? Where everybody likes it.

Ok. This is called life, folks. . . .

Now, we are told, “legal experts” are concerned that this rant “signals a remarkable disregard for judicial independence.” Freaking out entirely, Washington Post writer David Post (I guess he’s the paper’s son?) wrote..

“No, this is called “authoritarianism.” It’s what Berlusconi sounded like, what Chávez sounded like and what Perón sounded like — for that matter, it’s what Sulla and Caesar and the others who helped destroy the world’s first great republic sounded like: I am bigger than the law, I AM THE LAW.”

I have searched and I have searched, and darned if I can’t find Post expressing similar horrors when President Barrack Obama attacked the Supreme Court of the United States while misrepresenting its decision in Citizens United to its face, during the televised  State of the Union address in 2010.  The New York Times Adam Liptak, however, wrote at the time, Continue reading →

Ethical Quote Of The Day: Columnist Richard Cohen

/ Jack Marshall / 20 Comments

Richard Cohen

“Trump could win. He could become president, commander in chief, ruler of the Justice Department and head of the IRS. In other words, the American people could elect someone who has not the slightest appreciation for the Constitution or American tradition. When Trump insisted that he could compel a military officer to obey an illegal order, I heard the echo of jackboots on cobblestone…. It does no good to argue that Trump is just doing a shtick, that he means little of what he says, that he is all swagger and bluff. Trouble is, his supporters do not see him that way. They take him at his word.

History nags. It admonishes. “American exceptionalism” is a phrase that refers to the past, not necessarily the future. Nothing is guaranteed. I’d like to think that Americans really are exceptional, that we have an exceptional faith in democracy and the rule of law. I now have some doubt. I always knew who Trump was. It’s the American people who have come as a surprise.”

—— Eccentric liberal  political columnist Richard Cohen in his essay, “Trump has taught me to fear my fellow Americans”

Richard Cohen is an odd duck in the world of liberal punditry. He is often emotional rather than rational; he wears his biases on his sleeve, and his ethical quirks are legion: for example, he is an infamous apologist for sexual harassment, and therefore Bill Clinton. He is not unperceptive, however, and I feel obligated to recognize him for one of the few times I have been in total agreement with his analysis.

I may have to start a new category called “Ethical Quotes About Donald Trump.” I promise if I ever encounter an ethical that is positive about The Donald’s divisive and dangerous candidacy, you’ll be among the first to learn about it. My assumption is that never the twain shall meet.