Andrew McCarthy

Alternate Realities in the Manhattan Trump Trial, Except Only One of Them Is Real…

/ Jack Marshall / 13 Comments

Manhattan D.A. Alvin Bragg’s prosecution of Donald Trump for 34 felonies that are exactly one misdemeanor on which the statute of limitations has run is not just an unethical case, it’s a revealing one. It should let the objective members of the public know, if they have the opportunity and inclination to pay attention, just how undemocratic and trustworthy the 21st Century mutation of the Democratic Party has become.

“Dangerous” is also an adjective that belongs in that sentence.

I’ve been beginning mornings lately jumping back and forth between the coverage of the trial on CNN and MSNBC—you know, the Pravda channels—and Fox News, which would be claiming that Trump was as innocent as the driven snow even if he were as guilty as O.J. It is astounding how completely divergent the impressions one is given from the Left and Right sources are—that, and horrifying. The public has no reliable way to get the information it needs to figure out “What’s going on here?” because all of the coverage is agenda-driven. Very few members of the public have the time (or education) to puzzle it out either.

Interestingly, Abe’s observation—the one that begins, “You can fool some of the people…“—again seems to be holding true, and God Bless America for that. A recent poll suggests that a majority of the the public regard Democrats and the Biden administration as the true existential peril to American liberties and freedom, and not Donald Trump. Might it be that the spectacle of four dubious prosecutions in Democratic Party strongholds by Democratic prosecutors all taking place in an election year and aimed at putting the likely GOP nominee and former President behind bars before an election the Democratic resident of the White House looks poised to lose suggests a slight totalitarian bent, mayhap? Perhaps? Ya think?

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What About Whataboutism?

/ Jack Marshall / 3 Comments

The agreed-upon “resistance”/Democratic/mainstream media rebuttal of complaints that the Justice Department has fashioned a new set of standards for prosecution in order to neutralized Donald Trump is being met by smug accusations of “Whataboutism.” Whataboutism is one of the Ethics Alarms rationalizations on the list, and high up that list, at #2. Before I wrote this post, I checked what I had written, which was short and to the point:

The mongrel offspring of The Golden Rationalization and the Bible-based dodges a bit farther down the list, the “They’re Just as Bad” Excuse is both a rationalization and a distraction. As a rationalization, it posits the absurd argument that because there is other wrongdoing by others that is similar, as bad or worse than the unethical conduct under examination, the wrongdoer’s conduct shouldn’t be criticized or noticed. As a distraction, the excuse is a pathetic attempt to focus a critic’s attention elsewhere, by shouting, “Never mind me! Why aren’t you going after those guys?”

Moved by the current “Axis of Unethical Conduct’s distortion of the concept, I added the following to avoid future confusion (or corrupt rhetorical misappropriation):

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Apparently Donald Trump Is A Ham Sandwich [Corrected]

/ Jack Marshall / 40 Comments

Of course, we’ve known for decades that the man was a ham. Yesterday, however, unethical prosecutor Alvin Bragg provided decisive evidence that the former POTUS is also a ham sandwich, with an abusive grand jury indictment that perfectly embodied the old saw (first coined by former Chief Judge of the New York Court of Appeals Sol Wachtler) that district attorneys could get grand juries to “indict a ham sandwich.”

When the breathlessly anticipated indictment finally came down from the grand jury (here is the indictment), it fulfilled the worst predictions of critics.

“Oh, we have to wait to see the indictment” was the mantra from Bragg’s defenders, and that was sort-of true. However, we already knew that this was a bad case: the statute of limitations has lapsed, Bragg has no jurisdiction to enforce federal law, the act of paying for a non-disclosure is not a crime, the claim that the pay-off was really a campaign contribution is based on circumstantial evidence at best, the key witness is Michael Cohen, one of the sleaziest lawyers in the professions long line of sleazy lawyers and convicted perjeror, and both the Justice Department and Bragg himself had already decided it was too weak to prosecute, at least to prosecute ethically. Moreover, Bragg’s “statement of facts” before the indictment (which you can read here), made the case sound just as weak as many suspected it was.

When we learned that there were 34 counts, we thought, or at least I did, “Wow! Bragg must have a lot more to pin on Trump than Stormy Daniels and Michael Cohen!”

Uh, no.

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Why Must I Be A Blogging Ethicist In Ethics Zugzwang?

/ Jack Marshall / 29 Comments

I was going to sing it, but it doesn’t fit the music…

Here is my problem…

Describing the ugly developments arising out of the Democratic Soviet-style show trial aimed at neutralizing Donald Trump by criminalizing his post election excesses, and, if possible, intimidating and harassing his supporters past and present, esteemed former federal prosecutor Andrew McCarthy writes in part, Continue reading →

“The Cassidy Hutchinson Fiasco”…Addendum

/ Jack Marshall / 15 Comments

Lest I be accused of minimizing the Cassidy Hutchinson testimony before the House January 6 Star Chamber this week, I direct EA readers to to this National Review article by the usually fair and perceptive Andrew McCarthy, a former federal prosecutor. He calls the testimony “devastating” and inveighs, “Things will not be the same after this.“

I don’t know what he thinks isn’t going to be the same; maybe you can enlighten me. Are there really people out there who will be surprised that Trump threw tantrums, objects and ketchup bottles, or that when he was angry and excited, he was irrational? Does McCarthy really not know that many Presidents, in private, with staff, in meetings, and similarly dealing with the most stressful jobs imaginable, have behaved outrageously, except that in their case did not have dozens of leakers, disloyal aides and other staff and others determined to undermine them as well as an almost unanimously hostile press to publicize rumors, gossip, suspicions and facts indiscriminately? Really? Presidents, as a group, are not normal or emotionally healthy: if they were, they wouldn’t have sought the Presidency or achieved it. Is Trump worse than most, or even all in this regard? Maybe, probably; why do you think Ethics Alarms kept repeating for over a year that he must never be elected? Does McCarthy not know the history of the Type A CEO personality in this country? About Henry Ford employing a guy whose sole job was to chop the desks of fired Ford Executive into kindling so they would know they had been fired? Nevertheless, the fact that Trump acted and talked like anyone paying attention knew he would act and talk doesn’t mean he committed crimes.

Furthermore, once again we are getting “Trump wanted to do X” and “Trump said Y” while his staff and the Secret Service obstructed him when his stated desires were extreme, rash, an abuse of power, or just plain nuts. The staff did their jobs, in other words, just like dozens of Presidential staffs have done in other administrations. I’m impressed, in fact: Trump, thanks to the most competent old hands in the Washington swamp being bullied away or scared off for fear of becoming pariahs and not getting invited to swank Capital Hill wine parties, had a distinctly sub-par batch of advisors. They came through when they had to. Good for them. They were far from the first to stop a POTUS from doing stupid or reckless things.

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Ethics Reflections And Questions On The Chauvin Verdict, Part 2

/ Jack Marshall / 7 Comments

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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Sunday Morning Ethics Warm-Up, 12/13/20: Sick Dog Edition

/ Jack Marshall / 11 Comments

SICK, PLAYFUL OR SCARED CAVALIER DOG COVERED WITH A WARM TASSEL BLANKET

This is likely to be short, because the Marshall household is distracted. Over the last 48 hours, some mysterious malady has attacked our sweet dog, and we are deciding whether to avail ourselves of one of the few 24-hour vet emergency services or wait until tomorrow. Thanks to the $$$#@!%! pandemic, anything is going to require hours of waiting, and this is a very bad day for that, as it is a work day here at ProEthics. Starting Friday night, Spuds started acting distracted and hyper, wanting to go out, not wanting to come back into the house, making weird yips and staring outside like the devil was lurking. He suddenly started lying down in strange places, and stopped seeking out his usual resting spots (laps, bed and sofas). At the same time, his pink skin where the fur is sparse looked pinker, his face started showing blotches, and little bumps showed up today on his head. Nose: cold; appetite: fine. He’s not listless: the opposite, in fact. But he’s clearly not happy.

Glad to see he’s adopted the Marshall canine tradition of only having medical emergencies on weekends, though….

1. Ethics Quote from African-American sportswriter Jason Whitlock in a recent column about racism, critical race theory and excuses:

We all love excuses — white, black, brown, yellow, whatever. People who love us, respect us, want the best for us, take the excuses away. The Liberal Construction Company does not love, respect or want the best for black people. That’s why liberals promote excuses for any black failure and disavow any excuse for white failure. If you can control a group’s expectations, you can control their level of success. A generation of black people have had their expectations diminished by Critical Race Theory. It’s a mental slavery, a Jim Crow for the mind.  

I’m not in denial of the existence of racism. I just reject using it as an excuse, and I refuse to fall for the clever marketing of racism’s primary proponents.

2. Andrew McCarthy, the former federal prosecutor turned legal analyst and pundit, shows again why he’s one of Ethics Alarm’s most trusted authorities with his article, “Supreme Court right to refuse to block Biden election — rejects absurd legal theory.” Of course, this is likely to be cited as one more reason for conservatives to abandon Fox News, which has been declared a traitor to the cause because of its admittedly strange coverage on election night.

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Failed Late Thursday Ethics Review, 11/19/2020 Turned Early Friday Ethics Warm-Up, 11/20/2020: Let’s Play “Stupid or Not Stupid”!

/ Jack Marshall / 16 Comments

Unrelated to any kind of stupid: Yesterday was the anniversary of the demise of my old friend, Glenn White, in 2013. I never got to attend a funeral or service for Glenn; his family didn’t see fit to let me know he had died, despite our association of thirty years. This is what I always will remember about Glenn: He knew what it meant to be a friend. We knew each other through theater, though he was a Fairfax City, Virginia politician. Glenn used to say, “If you need me, Jack, you just have to ask. I’ll be there.” And he always was. When he was in his late 70s, I needed someone to play an old man in one of my theater company’s shows. Glenn used to call himself The American Century Theater’s resident geezer, but he had moved to the Virginia countryside, and it was more than a three hour commute, round trip, to rehearsals and performances. My plight was barely out of my mouth when he said, “Sure, you can count on me.”

How many people do you get to meet in your life who are like that?

1. I really hate this...I spent precious time, as I was trying to get a post in before the clock struck 12 last night, writing about this story, published yesterday and passed along credulously by a U.S.news aggregator, only to find that the events described happened in 2019. I have encountered this before: some website is light on material, so it uses an old story for click-bait without stating the time frame until the very end.

2. Today’s inexcusable, biased, partisan and unethical headline from the New York Times front page: “Trump Targeting Michigan In Ploy To Subvert Election.” Clearly, the Times isn’t even trying any more. The use of “ploy” and “subvert” is not only editorializing, it’s irresponsible editorializing. There were certainly a lot of strange things going on in the Michigan voting and vote-counting;the state should be targeted. (There are strange things going on in Michigan generally.) If the Michigan vote was corrupted, discovering how and how much doesn’t “subvert” anything. If it turns out that Michigan actually was won by Trump—admittedly a remote possibility—then that discovery prevents the election from being subverted.

The Times’ job is to explain what the Trump campaign’s challenges to the election are in factual terms, not to speculate on diabolical motives, to trigger violence and subvert democracy.

3. What does this display remind you of?

Belgian phallus

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Ethics Quote Of The Month: Andrew McCarthy, And The Integrity Test It Presents

/ Jack Marshall / 3 Comments

“The Obama administration and the FBI knew that it was they who were meddling in a presidential campaign — using executive intelligence powers to monitor the president’s political opposition. This, they also knew, would rightly be regarded as a scandalous abuse of power if it ever became public. There was no rational or good-faith evidentiary basis to believe that Trump was in a criminal conspiracy with the Kremlin or that he’d had any role in Russian intelligence’s suspected hacking of Democratic Party email accounts…To believe Trump was unfit for the presidency on temperamental or policy grounds was a perfectly reasonable position for Obama officials to take — though an irrelevant one, since it’s up to the voters to decide who is suitable. But to claim to suspect that Trump was in a cyberespionage conspiracy with the Kremlin was inane . . . except as a subterfuge to conduct political spying, which Obama officials well knew was an abuse of power. So they concealed it.”

Former U.S. Attorney Andrew McCarthy in the National Review

McCarthy isn’t just giving an opinion here; he’s analyzing evidence as the skilled prosecutor he is. As McCarthy explains, he’s basing his conclusion on recently unclassified documents, and they are incriminating.

McCarthy concludes, after excellent background,

But this much we know: In the stretch run of the 2016 campaign, President Obama authorized his administration’s investigative agencies to monitor his party’s opponent in the presidential election, on the pretext that Donald Trump was a clandestine agent of Russia. Realizing this was a gravely serious allegation for which there was laughably insufficient predication, administration officials kept Trump’s name off the investigative files. That way, they could deny that they were doing what they did. Then they did it . . . and denied it.

The information McCarthy relies upon and its clear implications create integrity tests, or will very soon, for many individuals and institutions. Continue reading →

Susan Rice Again, Part 2

/ Jack Marshall / 10 Comments

Continuing with the observations regarding this remarkable document…

4. I was once involved in an anti-trust lawsuit triggered when all of the competitors of the company I was working for gathered together and conspired on ways to sink my employer’s business. Before the minutes of the meeting, the group’s lawyers prepared a statement that that the group absolutely intended to obey all anti-trust laws, and the meeting would embody the ideals represented in those laws. Then they went ahead and, based on a recording of the meeting, planned ways to conspire against our business in direct violation of the laws they claimed to hold in such high esteem.

It was really comical; these idiots though that by having everyone sign a statement that they weren’t doing what they obviously were doing, this would provide some plausible deniability.

5. We now know that Rice’s bizarre memo was written upon the advice of the White House Counsel’s Office. Rice says she waited 15 days because it was her first opportunity to do so, since she had been so darned busy. It would be a more likely srory if Rice had any credibility at all, which she does not.

6. Let’s let Andrew McCarthy try to explain what’s going on here. The anti-Trump news sources will never give him a forum, so he’s related to Fox News, but McCarthy was spot-on in predicting the course of the Mueller investigation, as is as knowledgeable on the machinations of the Deep State as anyone. He explained in part,

How amusing to find President Obama’s national-security advisor, Susan Rice, suddenly calling for public release of the Flynn–Kislyak conversation intercepted by the Obama administration in late December 2016. I called for its release nearly three-and-a-half years ago. Dr. Rice, in a familiar pattern for her, has spent the ensuing years saying things that were obviously untrue only to reverse herself once the paper trail starts to dribble out.

….Rice has gone from claiming to have had no knowledge of Obama administration monitoring of Flynn and other Trump associates, to claiming no knowledge of any unmaskings of Trump associates, to admitting she was complicit in the unmaskings, to — now — a call for the recorded conversation between retired general Michael Flynn and Russian ambassador Sergey Kislyak to be released because it would purportedly show that the Obama administration had good reason to be concerned about Flynn (y’know, the guy she said she had no idea they were investigating).

Naturally, we have now learned that Rice was deeply involved in the Obama administration’s Trump–Russia investigation, including its sub-investigation of Flynn, a top Trump campaign surrogate who was slated to replace Rice as national-security advisor when President Trump took office.

Regarding the memo, McCarthy writes, Continue reading →