Ethics Observations On The Judge Ketanji Brown Jackson Senate Hearings, Part 1

Now take The Washington Post….please.

Yesterday’s Editorial Board screed about the hearings serve a single useful purpose for any readers with a smidgen of memory and a dash of objectivity. It serves as the equivalent of a neon sign reading, “We are shameless partisan hacks!”

Consider its headline: “Republicans boast they have not pulled a Kavanaugh. In fact, they’ve treated Jackson worse.”

Did Republicans dig up a witness (and pro-abortion activist—merely a coincidence, I’m sure) who used a three decade old “discovered memory” to accuse a a 50-year-old judge with an impeccable record as a responsible citizen and a devoted father and spouse of an attempted sexual assault when he was a teenager? No. Did they do this despite the fact that the alleged incident had no individual other than the accuser who could confirm it, nor even a definite date or place where the “assault” occurred? No. Has anything said in the hearings resulted in demonstrators calling the judge a rapist? Continue reading

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading

Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”

Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.

The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:

1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.

2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.

3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.

4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR

5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.

Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.

Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not,  not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading

Morning Ethics Warm-Up: 8/12/17

Good morning, all!

1. I can’t keep writing the same post repeatedly as the politically correct, the historical censors, the Soviet-style Left and the gallactically stupid continue to tear down statues and eliminate honors to significant Americans who are predecessors deemed worthy.  Just hunt for the “airbrushing history” tag here and you’ll find too many already. We should note, however, how the cognitive dissonance scale is coming into play to the benefit of the unethical airbrushers.

In Charlottesville, home of the University of Virginia, this weekend will witness thousands of white nationalists and neo-Nazis demonstrating to protest a plan to remove a statue of Robert E. Lee  from a city park, because, Lee’s sub-21, infinitely wise undergrads insist, erasing Lee from history will undo the legacy of racism, or something. Of course, for the Racist Right to be the ones protesting makes this position look reasonable. White supremacists organizing the protests unjustly associates Lee with their cause, making his statue mean something it never did, and attaching him to  cause that was not his. The protests against tearing down Lee’s statue–UVA’s founder, Thomas Jefferson, will be next on the non-person list, or close to it—should be coming from historians, scholars, liberals, believers in fairness, nuance, and integrity, and those who are literate enough to understand that the life of Robert E. Lee has much to teach every child and American about loyalty, hubris, hard choices, tragic choices, hypocrisy, courage and more. Why aren’t they protesting? Two reasons, now: they don’t want to be shoulder to shoulder with the scum of the earth, and they are too timid to stand up for crucial ethical principles, unlike the censors of Charlottesville, who don’t understand them, and the Neo-Nazis and white supremacists, who don’t have them.

2. And speaking of historical airbrushing and censorship: Last year, I designated the Smithsonian Institute’s National Museum of African American History and Culture in Washington, D.C as an Ethics Dunce for omitting the second African American SCOTUS justice, Clarence Thomas from mention while devoting an exhibit to his unsubstantiated accuser, Anita Hill.  Now the museum has announced plans to honor Jim Vance.

Come on, you all know who Jim Vance is, don’t you? (D.C. area residents: shut up!) Jim Vance, who transformed America for blacks? Give up? Vance was a long-time popular local D.C. television news broadcaster, with a nice screen presence and a casual delivery.  He just died, and he was black. The museum’s founding director, Lonnie Bunch, said the broadcaster “symbolized that it was really important that America was changing and his presence was a symbol of that change.” Right, sort of….although Vance was hardly the first or the most prominent black newscaster in D.C. Clarence Thomas, however, was the first conservative black justice…which is, of course, why is being shown such disrespect by the “Nation’s Attic.”

I haven’t visited the huge, striking new museum on the mall yet, and I won’t until its shows signs of being am objective chronicler of history rather than a tool of interest group propaganda. Continue reading

Ethics Dunce: The Smithsonian Institution

anita-hill

The new Smithsonian Institution’s National Museum of African American History and Culture is intended to celebrate the two aspects of African American influence on the nation mentioned in the title, and that includes honoring  influential and historically significant African American leaders. Among the figures ignored by the museum’s displays is Associate Justice Clarence Thomas, only the second black member of the Supreme Court. The museum does, however, celebrate the “heroism” of his last-minute accuser at Thomas’s confirmation hearings, law professor Anita Hill.

This is another and particularly sad reflection of the petty partisan bias and lack of integrity demonstrated by the Obama Administration at so many levels. It is stuffed with so many intractable ideologues, and often incompetent ideologues, that objectivity, respect and fairness are frequently too great an effort to muster. The museum honors Hill, who was recruited as a last ditch effort by Democrats to block President George H.W. Bush’s nomination of a black conservative judge to the Supreme Court and whose accusations of sexual harassment were never verified except by the confirmation bias of Democrats and Thomas’s enemies. It chose to snubThomas, which all involved had to know would be seen as an insult to the Justice, and a calculated one.

By all logic and reason, Hill should be, at best, a footnote to a Thomas display. Mean-spirited bias from the empowered Left under Obama has extended even to museum curating, which should be non-partisan. Continue reading

The Progressive Corruption Of And Betrayal By The Democratic Party, PART 1: The Return Of Paula Jones

"Psst...remember not to smirk when you lie..."

“Psst…remember not to smirk when you lie…”

Paula Jones is speaking out again after almost 16 years. Good.

I can’t say she is an ethics  hero, for she has vengeance on her mind, and maybe even some desire to cash in…or who knows? Maybe she can get a stipend from the Clinton Foundation to keep quiet. Nonetheless, her reemergence is a good thing.  Too many have forgotten, or indeed never learned, about how she was sexually harassed by Bill Clinton when he was a governor and she worked for Arkansas, and systematically vilified and denigrated by Hillary, the Clinton team, and soulless Clinton enablers in the media before her lawsuit exposed the Monica Mess. I had even forgotten how outrageously she was treated, and I had followed the cases carefully.

I had not forgotten, however, the disgusting Democratic and feminist hypocrisy where she was concerned. Back in 1997, I remember confronting a prominent female trial lawyer, outspoken feminist, and then president of The Association of Trial Lawyers (before they changed their name to the stealth “American Association for Justice” to hide the fact that they were lawyers) whom I overheard trashing Jones as a lying, politically-motivated gold-digger. Recalling that during the Clarence Thomas hearings she had sported an “I believe Anita Hill” button, I asked her, in a room full of people, “Why don’t you believe Paula Jones, if you believed Anita Hill?” She just walked out of the room. She believed Anita Hill, whose accusation of  ClarenceThomas was entirely politically motivated and unprovable, because she wanted to. She didn’t believe Paula Jones, who had a much stronger case, because Jones was a big-haired, working-class woman who dared to try to hold accountable a powerful, liberal, serial sexual predator that her association had contributed millions to elect. She was ashamed of the answer to my question. She should have been.

Here’s Paula on the “most admired living President” and the presumptive standard bearer for the Democratic Party in 2016, who will be running on a pro-women platform and accusing Republicans of waging a “war on women”:

‘There is no way that she did not know what was going on, that women were being abused and accosted by her husband. They have both lied…She should not be running with the terrible history they have.  Who would want Bill Clinton back a second time, doing the same stuff he was doing before, philandering with women?…He does not have a right to be in the White House to serve the people the way he treated women, sexually harassing women. There were many women that came out and spoke out about what he did to them. He does not have a place in the White House to serve the American people.”

Have you forgotten? Here was the key section of Jones’s deposition that the Clinton team, guided by Hillary, claimed was all fabricated: Continue reading

My Hypocrisy Detector Just Blew Up!

sarcasm

In a favorite episode of “The Simpsons,” the Springfield equivilent of Mensa is having a contentious debate. Prof. Frink, the local mad scientis, complains that the tone has set the readings of his newly-invented “sarcasm detector” dangerously high. “Comic Book Guy,” another brainy member of the club, snarks, “A sarcasm detector? That’s a real useful invention!” Whereupon the sarcasm detector blows up.

Well, my hypocrisy detector just blew up. The readings started going off the charts when I came across this item:

NEW YORK (AP) — Hillary Rodham Clinton said Thursday night that excessive partisanship flowing through the nation’s political system is causing the U.S. to march “backwards instead of forward”…Clinton cited the need to “get back to evidence-based decision-making.”

Oh, you mean like telling America that the allegations that your husband had lied under oath about his sexual affairs in a sexual harassment lawsuit and was using the power of his office to obstruct justice and cover it up was the creation of “a vast right wing conspiracy,” Hillary?  When you knew that the allegations were true? That kind of “evidence-based decision-making”?

I swear, if this awful, dishonest, cynical and untrustworthy woman runs for President, everything here will be exploding—my sarcasm detector, lie detector, hypocrisy detector, head…you name it.

This was just a warm-up, though. Then I read a Washington Post puff piece on Anita Hill, who is peddling a new documentary that casts her as a hero, which is ridiculous on its face. Anita Hill is the walking, talking embodiment of feminist hypocrisy, especially when paired with Hillary’s target, Paula Jones. I remember back when I worked for a large trial attorney lobby and Monicagate was in full force. The female president of the association was going on about her support of Clinton and how this was all, well, Hillary provided the talking point, and I had the cheek to remind her that during Clarence Thomas’s confirmation hearings she wore a button that said “I believe Anita Hill.”

Continue reading

Ethics Observations On Rep. Braley’s Anti-Farmer Insult

A farmer, a framer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

A farmer, a farmer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

You wouldn’t know it if you read only mainstream media sources (Translation of ” mainstream media sources”—“supposedly objective and neutral news outlets that edit the news to do minimal damage to candidates, parties and policies that their overwhelmingly left-leaning staffs support”), but the presumptive Democratic candidate for Sen.Tom Harkin’s soon to be vacant U.S. Senate seat in Iowa insulted farmers (this is Iowa, remember) in a speech and was caught on video.

In a private fund-raising appearance before Texas trial lawyers, Rep. Bruce Braley warned of the consequences of a  Republican Senate majority by saying

“You might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because, if Democrats lose the majority, Chuck Grassley will be the chair of the Senate Judiciary Committee.”

Some observations:

  • The insulting characterization of farmers (as well as  Grassley) is being compared to Mitt Romney’s infamous statement to some big money donors about “the 47%,” which was captured surreptitiously by Jimmy Carter’s son-in-law and used to stir up the Democratic base. As in the case of Romney, I will point out that surreptitious recording and publicizing of what is said at any private event is unethical, flat-out wrong, no matter who does it, or for what reason. Private functions should be respected, as should what is said there, unless there are criminal conspiracies afoot.

Continue reading