abuse of power

I Just Can’t Give Trump a “Julie Principle” Pass When He Says Things Like This…

/ Jack Marshall / 21 Comments

“For Fox executives only, take Jessica Tarlov off the air. She is, from her voice, to her lies, and everything else about her, one of the worst ‘personalities’ on television, a real loser! People cannot stand watching her.”

….quoth the President in a Truth Social post two days ago. Tarlov is one of the rotating progressive Democrat co-hosts on Fox News’ talk show “The Five” and routinely does what she was hired to do, which is to be the house contrarian on a biased news channel, like Scott Jennings on CNN.

It’s a lonely and crummy job, but somebody’s got to do it. Jennings does it much better, but 1) he’s smart, articulate, and usually has the right side to defend, 2) the wokies and Axis agents on the panels with him are hardly the best and the brightest, and 3) Tarlov isn’t the worst of Fox’s hired Lefties, and I’d rank her as better than Juan Williams, the thankfully departed long-time holder of that role on Fox. Faint praise, I know.

But Ethics Alarms correctly slammed the Biden White House when it dishonestly attacked Greg Gutfield of “The Five” in 2023, so I shouldn’t use The Julie Principle to give President Trump a pass now. Presidents should only carefully criticize journalists and pundits by name if at all, and Trump doesn’t do anything carefully. It is punching down by definition; it looks petty, it makes him look thin-skinned and weak, and worst of all, it hands his principle-free and shameless critics an opportunity to say he’s pro-censorship.

This has been true for years, and yet Trump has a flat learning curve. It’s like a man who keeps smashing his head against a wall without figuring out that it’s not a good idea.

The Tarlov nonsense is even worse that that, in fact. After Trump has “demanded” (he can’t demand, because its none of his business) that Fox fire someone like Tarlov, he’s given that individual immunity from getting dismissed no matter what she does. Fox News has to keep Tarlov or look like Trump is running the network. Fox News is too much of a Trump and MAGA lackey already.

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Ethics Observation on the Larry Bushart Fiasco

/ Jack Marshall / 11 Comments

Do read this New York Times story [gift link]about Larry Bushart, a progressive Facebook addict who was arrested and spent 37 days on jail after being arrested on the theory that a meme he posted (that he didn’t create) was a “true threat” and thus a felony. He was held on a two-million dollar bond. I mentioned the case last November, but had limited information then.

Believe it or not—I can barely believe it—the meme above is what got Bushart arrested! Eventually the charges were dropped, but understandably, the 61-year-old retired police officer isn’t posting memes on Facebook any more, and is hesitant to express his contrarian opinions on social media. In a real sense, his free speech has been “chilled” by state action…state action that was unethical, illegal, an abuse of discretion and power, and mind-numbingly stupid. It is also a cautionary tale.

Observations:

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James Comey Is Indicted. I’d Love to Say “Good,” But I Can’t

/ Jack Marshall / 10 Comments

There is evidence that former FBI director James Comey leaked information to a third party to ensure that it reached the news media—a legal breach—and lied to Congress. Is it strong enough to meet a beyond a reasonable doubt threshold? Maybe not.

He is still an ethics villain. Comey managed to make hash out of the 2016 election, first refusing to charge Hillary Clinton for a crime that he—falsely—claimed other, lesser officials had never been charged with, and then tried to make up for handing Hillary a “Get out of the negative headlines free” card by opening a new investigation even closer to the election sparked by the appearance of some of Hillary’s emails on her assistant’s boyfriend’s computer. Comey was the epitome of the “Deep State” embedded foe of President Trump—you will recall that he recently approved of the legend 8647, as in “Kill President Trump,” in a social media post. A a fan of ethical government and democracy, I am not sorry to see some adverse consequences coming Comey’s way. As a legal ethicist, I am dubious about the indictment.

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Ethics Verdict On President Trump and the Silly Cracker Barrel Episode

/ Jack Marshall / 9 Comments

Verdict: President Trump abused his position, power and influence by weighing in on a private company’s choice of logo and continuing to make declarations about it as if it is any of his business or a proper matter of concern for the President of the United States.

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Ethics Alarms Wants To Thank President Biden For His Continuing Efforts To Confirm Its Verdict That He Is The Worst U.S. President Ever

/ Jack Marshall / 9 Comments

…as with today’s idiocy, that “statement” above.

The President has no say whatsoever in when proposed Constitutional amendment have been ratified (or not). He can express his approval of one, and lobby for it with legislators, but he cannot make a ruling that the [completely superfluous, virtue-signaling] Equal Rights Amendment has been properly ratified (it hasn’t been). He might as well put out a statement that Barry Bonds should be voted into the Hall of Fame, or that broccoli is good for you. This is the President whose party made failure to uphold “democratic norms” one of its main Big Lies against Donald Trump, and Biden’s Presidency has ignored more norms than any Presidency at least since FDR tried to be President For Life. (Come to think of it, he succeeded!)

Making this presumptuous and gratuitous endorsement even worse is the fact that everybody knows now that Biden is in no shape to declare anything of substance, especially a matter of constitutional law debate. This isn’t Biden talking, it is some phantom activist in the White House using Biden’s name and office to advance a personal agenda.

Since his historic, DEI VP was selected by his party’s oligarchs to run for President without any components of the modern nomination process (and I doubt that Harris would have even survived the old-fashioned “smoke-filled room”) Biden—-that is, his puppeteers—has set an all-time Presidential spite record by filling his final months with obstructions for Donald Trump, as well as leniency for murderers, civilian honors for despicable civilians, more unethical student loan waivers, obstacles to U.S. energy independence and climate change grandstanding. Then there was this week’s head-exploding call for censorship in his Orwellian farewell speech.

Meanwhile Ruy Texiera, a generally objective, fair, and honest analyst, is having none of the obsequious claims from the Axis that Biden, in addition to being a figurehead President, was somehow also a good one who will be vindicated by history. On his substack “The Liberal Patriot” he authors a much more exhaustive description of Biden’s failures than I did in selecting poor Joe as “The Worst President Ever,” as well as chronicles Biden’s betrayal of the voters who thought they were voting for a moderate in 2020. (They also thought they were voting for a cognitive functioning leader rather than a marionette.)

It’s a superb piece, and you should read it.

Even if Biden puts out a statement saying that you shouldn’t.

Ethics Quote Of The Week: “George The Atheist”

/ Jack Marshall / 13 Comments

“I’m not doing this. Enough is enough. Leave me alone. Period. I’m not doing this. Fine me if you want. I don’t care. Catch the car thieves and check-washers first.”

—-New York Times commenter “George the Atheist” responding to an article about New York City’s new mandatory food waste composting law.

God bless George. This is classic American civil disobedience, and nothing demands it more than useless and futile anti-climate change virtue signalling burdening citizens who have real problems to worry about. Big Brother thinks it is entitled to just keep piling more and more obligations, expenses duties, routines and annoyances on citizens, and will keep doing so, ratcheting up the basic burdens and expense of daily life in the process, until sufficient numbers of people stand their ground, say “No,” and reverse this toxic trend.

Sadly, there aren’t enough Georges in Democratic-run cities and states, not nearly enough. This is why one has to avoid piles of human fecal matter in San Francisco, and watch shop-lifers operate without fear in most major cities, and why so many woke school boards continue to program ideological indoctrination in the public schools. It’s also why I still see young people, not just elders who might (but probably don’t) have a valid reason other than being fearful Democrats, wearing masks while riding bicycles, jogging alone and driving solo in their own car. Most people—even most Americans, who live in an embedded (but weakening) culture that emphasizes suspicion of authority and reverence for personal liberty—are inclined to just knuckle under to the abuse of power, because they lack the integrity, courage and certitude to say “No.” They are weenies. Those who wield power rely on them.

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Pointer: Althouse

 

 

Yet Another Pre-Election Story That Should Be Getting Major News Coverage As Relevant To Which Party Is Threatening Democracy

/ Jack Marshall / 4 Comments

Come to think of it, the Democrats are wielding hammers, though metaphorical ones. More evidence has arrived on how the social media platforms work to serve the current government’s power objectives by suppressing dissent. This has been called a “right wing conspiracy theory” even though the immediate response by Facebook and Twitter to the Hunter Biden laptop report would have been enough to get to a jury if the platforms could be prosecuted for “trying to fix a Presidential election,” and that was two years ago. But every bit of new proof is helpful to convince those apathetic and gullible Americans who need to be hit over the heads with a hammer—I have hammers on the brain today for some reason—before they’ll pay attention.

Twitter: In a final show of defiance that also proved Elon Musk right, Twitter suspended several conservative accounts just as Musk began cleaning house, and only one week before the midterm elections.

Jake Denton, a research associate at Heritage’s Tech Policy Center, found himself suspended on Twitter at 11:10 p.m. on Saturday, Oct. 29. Vince Dao, editor-in-chief at the conservative organization American Virtue, had his account suspended a day earlier. Neither had any hint about what led to their suspensions.

Denton said yesterday,

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“Nice Little Church You Got Here…Too Bad If Something Were To Happen To It!”

/ Jack Marshall / 12 Comments

Power abusers only put evidence of their nature on public display when they are absolutely certain that no one can or will hold them accountable. That certainly is the case with New York State Attorney General Letitia James, but then this has been the pattern with all of the (inevitably) Democrats in her office since the days of Eliot Spitzer and before. Her latest example of unethical use of her office, however, is especially ominous.

The pro-Trump Reawaken America Tour has been criss-crossing the U.S. for more than a year, and because speakers currently include former General Michael Flynn, a Trump ally, the Left has been trying to interfere with the event whenever possible. An online petition intimidated the owner of the Rochester’s Main Street Armory cancel its hosting of the event, so the Cornerstone Church in the tiny town of Batavia, NY. took over hosting duties. Borrowing heavily from the anti-speech petition (for talking about some topics are the equivalent of violence, you know), James sent a threatening letter to tour organizer Clay Clark and Flynn, along with the church itself.

Its objective: chill a legal gathering’s free speech rights by intimidation.

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Was There Any Way For The Tampa Bay Rays To Support “Pride Month” On The Field Ethically? Nope!

/ Jack Marshall / 13 Comments

The Rays, of baseball’s American League, are one of three teams, the others being the National League San Francisco Giants and the Los Angeles Dodgers, to incorporate Pride Month support in their uniforms. Five Rays decided to decline to wear the patch above: Brooks Raley, Jalen Beeks, Jason Adam, Jeffrey Springs and Ryan Thompson. There have been no such defections from their team’s mandated corporate position on the Giants or Dodgers—you know, California. I am willing to bet my head that there are many more than five players on the three squads who resent having to be a walking political statement, but who have calculated, “Well, it’s just a patch.”

The explanation of the spokesman for the five Rays players was weak , but about what I’d expect from a pro athlete. Jason Adam said,

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The Ethics Of The Government’s Planned Door-To-Door Vaccination Campaign [Updated]

/ Jack Marshall / 20 Comments

President Biden has announced that there will be a door-to-door campaign designed to inform people in less-vaccinated sections of the country to encourage getting the shots and to address concerns about the safety and efficacy of the vaccine. Many Republican, conservatives and civil libertarians fell the plan is an abuse of power. “How about don’t knock on my door. You’re not my parents. You’re the government. Make the vaccine available, and let people be free to choose. Why is that concept so hard for the left?” Rep. Dan Crenshaw (R-Texas) tweeted. “The government now wants to go door-to-door to convince you to get an ‘optional’ vaccine,” Rep. Lauren Boebert, (R-Colo)., snarked. Some reactions were a bit more hysterical, such as this from GOP Georgia Rep. Marjorie Taylor Greene:

“Biden pushing a vaccine that is NOT FDA approved shows covid is a political tool used to control people. People have a choice, they don’t need your medical brown shirts showing up at their door ordering vaccinations. You can’t force people to be part of the human experiment.”

But you know…Marjorie Taylor Greene.

Is a representative of the Federal Government coming to your home to try to get you to do something you have chosen not to do or may not want to do an abuse of power? It might be. I have ruled it unethical for uniformed police officers to come to homes seeking contributions to police charities, and indeed this practice has largely been stopped because it was viewed as inherently coercive. A government representative coming to your home to urge you to do anything, from paying taxes to brushing your teeth, may be stressful and feel like the heavy hand of Big Brothers. Moreover, such a visit strongly suggests “We are watching you!”

My guess is that the national public health goal of having as many Americans vaccinated as possible would be seen by most courts as a sufficient justification for this minimal incursion on public privacy, but I also wouldn’t be surprised to see one or more court rule that the government has no business coming to you home to metaphorically twist your arm.

The Ethics Alarms verdict is that door-to-door visits are ethically defensible if…

  • Each home targeted for such a visits gets advance notice of at least 72 hours, and an opportunity to opt out.
  • The government representative begins every visit by handing out a document and reciting it’s contents, which should be something like a Miranda Warning:

Hello, my name is XXXXXXXXXXXXXX, and I am representing the Federal Government in a national effort to encourage the public to be fully vaccinated against the Wuhan virus. You have no obligation to listen to me, invite me into your home, take or read the materials I have for you or to get vaccinated. If you prefer, I will leave immediately. However, I would be grateful if you would allow me to explain why it is important for you and members of your family to get vaccinated, and to answer any questions you might have. If you decline this visit, there will be no penalties or consequences, nor will your decision be noted on any government records.

Update: Upon thinking some more about this, I would want to see this added:

“Furthermore. no benefits or advantages will accrue to any of your neighbors who do not decline to speak with me, allow me into their homes, or accept my materials.”

Absent such warning, any visit by a government employee (or volunteer) is potentially coercive and an abuse of government power.