Loretta Lynch-Bill Clinton Meeting Aftermath: Hillary Drops An Unethical Hint, And My Head Explodes

pulling strings

According to the New York Times, “Democrats close to Mrs. Clinton say she may decide to retain Ms. Lynch, the nation’s first black woman to be attorney general.”

Wait, what?

WHAT????

WHAT???

kaboom

The woman’s department is currently involved in a criminal investigation of Clinton. Lynch has refused to recuse herself from the investigation despite the taint of the meeting with Bill Clinton, which was apparently engineered by one or both Clintons. Though she has said that she will accept the recommendation coming out of the FBI investigation, she is not obligated to do so. Thus she is still a participant in the process and a decision-maker who has significant power and influence, as of this moment, over Hillary Clinton’s political future.

And yet Clinton allows her camp to send the message to Lynch—through the New York Times— that there may be a job waiting for her in the Clinton Administration….as long as, well, you know. This goes beyond the mere appearance of impropriety that Bill’s trick created for Lynch.

The dangling of a potential high-profile job creates an actual conflict of interest. After all, Lynch can’t continue as Attorney General is Hillary isn’t elected, and Hillary’s election prospects are likely to be significantly diminished if she’s in the Big House.

What is this? A flat learning curve? Complete arrogance and open corruption? Stupidity? Are all of Clinton’s advisors and staff as ethically obtuse as she is, just as Trump’s advisors and staff appear to be as inept as he is? How could Clinton let this happen?

If Lynch wants to guarantee that the public does not assume that this is yet more proof that the Clinton’s are rigging the investigation, she needs to declare, right now, that under no circumstances will she consider or accept any post in a Clinton administration. Failing that. she needs to resign.

Writes Ann Althouse:

Sometimes the prosecutor offers the accused a deal and, on rare occasions, the accused offers the prosecutor a deal. But offering it right out in the open like that? It’s as ballsy as a former President strutting across a tarmac in 107° heat, fueled by a raging desire to talk about his grandchildren.

I don’t know if this was really “ballsy.” Having just written at length about Hanlon’s Razor, I’m more inclined to think that Clinton and her camp are just stupid and incompetent, which, if true, calls into question one of the few clear advantages she supposedly has over Donald Trump.

 

Essay: On Loretta Lynch And Fighting Cynicism And Distrust Regarding The FBI Investigation Of Hillary Clinton

America_Falling_Apar

Warning:

This is long.

I think it’s important

In the wake of Attorney General Lynch’s acknowledgment of wrongdoing in meeting, however briefly and innocently, with Bill Clinton, some  reader comments here are redolent of the destructive distrust of government and leadership engendered by this administration and others, particularly Bill’s. Yet this attitude feeds on itself, and is to an extent a self-fulfilling prophecy. If leaders think that people expect corruption, they are less likely to shy away from it. Cynicism leads to acceptance. Of course, this is one explanation of why the tarmac meeting took place—pure arrogance and a belief that with the news media’s complicity, now virtually any degree of government dishonesty and corruption will be either effectively hidden from the public, or accepted by it.

This is untrue, still. Indeed, this episode is proof that it is untrue, though the news media did make (disgusting and ignorant) efforts to shrug off the clear appearance of impropriety represented by Lynch having a meeting with Clinton the Impeached under these circumstances. Why do I labor trying to write these essays explaining the legal and ethical context of such events if readers are so poisoned by bitterness and distrust that they can’t or won’t process them, and just default to “it doesn’t make any difference, all is shit, all is lost”?  If I believed that, I wouldn’t be spending time—work  time, uncompensated time—writing this stuff. I can earn peanuts directing professional theatrical productions: it makes people happy, gives actors work, and is a lot more fun, believe me.

Paranoia, suspicion, despair, and conspiratorial views of government, which are all these comments represent, are just forms of bias. Bias makes us stupid, and in this case, bias makes us dysfunctional as a people and fearful and miserable as individuals. Continue reading

Now, Whatever Else, We Know That Attorney General Loretta Lynch Is More Ethical Than Hillary Clinton

Lynch2

Attorney General Loretta Lynch’s response to the immediate criticism of her private, suspicion-generating meeting with Bill Clinton was the correct one and the only ethical response open to her now. Today she admitted that that her airport meeting with former President Bill Clinton while possible charges against Hillary Clinton were being explored by the FBI had undermined public trust in the investigation, and she also took remedial action. She did more than recuse herself from the matter. She announced that she would  accept whatever recommendations that career prosecutors and the F.B.I. director make about whether to bring charges against the presumptive Democratic nominee.

“I will be accepting their recommendations,”  Lynch said in an appearance at the Aspen Ideas Festival. She said that “the case will be resolved by the same team that has been working on it from the beginning.”

This remarkable move will not remove the stain on the meeting, which already created the “appearance of impropriety” at the worst possible time in the worst possible matter. However, Lynch acted quickly, appropriately, honestly and decisively.  Incredibly, the episode may have actually resulted in a situation that will reduce public and political cynicism if Clinton is not indicted, except for those who will insist that the fix was in from the beginning, as indeed it might have been, given the general lack of accountability and propensity for cover-ups in the Obama administration.

As one delicious scenario, it is possible that Bill Clinton’s characteristic penchant for breaking the rules at will may have created a situation that leads to his wife having to face criminal charges. It is certainly true that the chances, still slim, that Hillary will have to face the music is greater now than it was two days ago. Continue reading

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 2: McDonnell v. United States

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return...

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return…

Governor Bob McDonnell, Virginia’s Republican governor from 2010 to 2014, was charged with using his office to assist businessman Jonnie R. Williams Sr., who, often with Mrs. McDonnell as a conduit, gave his family wedding receptions, loans, vacations and jewelry worth more than $175,000. I wrote about this scandal here, here, and here. The gifts were legal, thanks to absurdly lenient Virginia ethics laws, just as they were obviously unethical, except perhaps to the clueless McDonnells.

Governor McDonnell arranged meetings for Williams and attended events with him. My favorite part of the criminal trial was when McDonnell claimed that he never dreamed that Williams expected anything in exchange for all of his gifts, and then Williams said that of course he expected some favors in return. The jury found that McDonnell’s actions amounted to corruption and a quid pro quo exchange amounting to bribery. A federal appeals court upheld the conviction.

The Supreme Court’s 8-0 decision this week to vacate the conviction upholds the principle that even if someone has done something obviously bad, there has to be a law against what was done before the act occurred in order to convict him. It’s a rather narrow decision. The Court points out that the law McDonnell was convicted of breaking requires “official acts” to be bought and sold for the law to be breached, but that all McDonnell did was hand out political favors to his “friend”: setting up meetings, communicating his favor, greasing the wheels, essentially. (Much is made of the fact that Williams didn’t benefit very much from any of this, which is just moral luck. It doesn’t make what the governor did any less sleazy.)

Wrote Chief Justice Roberts in his opinion for the unanimous Court: Continue reading

From The Appearance of Impropriety Files: Justice Scalia’s Hunting Trip

ScaliaCheney

A partyist, ignorant hack named Andrea Paysinger, who is banned from further commentary by the Ethics Alarms “too dumb and biased to contribute” rule, just wrote a comment to the Clinton-Lynch post making the typical ratioanalization-rotted argument that “all the brouhaha over this is ridiculous, childish on the part of all the RIGHT WING jerks who SAW NOTHING WRONG with JUSTICE SCALIA taking gifts and spending vacations PAID FOR by those who actually had cases coming up before SCOTUS AND NOT ONE FUCKING TIME DID HE RECUSE HIMSELF.”

I just love it when people accuse me of being a partisan hypocrite without bothering to check what I have written. As it happens, I wrote a great deal about Scalia’s infamous hunting trip, which I unequivocally condemned as creating the appearance of impropriety. (It was, however, factually less troubling than the Clinton-Lynch meeting, as Scalia and Cheney were never alone during the trip in question.) So for people like Andrea (though not Andrea herself, who won’t be able to get back on this site if she recruits an army of Myrmidons), I will hereby post the two Scalia essays, which currently reside only on the Ethics Scoreboard, now an archive of my ethics commentary prior to 2010.

Unfortunately, the site’s search function stopped working when I had to change platforms recently. If you want to check out the Scoreboard now, just use Google: type “Ethics Scoreboard” and the subject or topic. If there was commentary, you’ll find it.

To give due credit, Andrea did identify real hypocrisy on the Lynch issue. Many of the Democrats exposing themselves as corrupted by partisan bias by now trying to defend Lynch also furiously attacked Scalia’s appearance of impropriety. They—your idols, Andrea— have no integrity. I do.

Here was what I wrote about Scalia’s clear appearance of impropriety in 2004.

Good Judge Hunting: Antonin Scalia and the Cheney Case

Supreme Court Justice Antonin Scalia recently went hunting with Vice President Cheney, even as the Supreme Court prepares to rule on whether the documents pertaining to Cheney’s meetings with energy company officials regarding future US energy policies must be made public. This has led to critics calling for Scalia’s recusal from the case, on the grounds that the social contact renders his objectivity in the matter suspect. Scalia, feisty as always, denies this, and maintains that he is fully capable of ruling objectively.

And I’m sure he is, but that’s beside the point. In the case of judicial independence, it is often appearances that count, and because this is an issue particularly charged with partisan passions, the Supreme Court must avoid any hint that cronyism or personal loyalties are playing a part in the outcome of the legal showdown. Scalia should remove himself from the case.

Justice Scalia has pointed out that personal friendships between the justices and Washington leaders are commonplace, and that mere friendships among professionals should not raise the specter of favoritism or bias. Indeed, had Scalia maintained exactly the same collegial relationship with Cheney, but avoided the hunting trip, there would be no issue. But the outing conjures images of male bonding and frank talk by the campfire (lobbying, perhaps?), and if Justice Scalia were to rule Cheney’s way (and Scalia’s past opinions would suggest that this is likely), the legitimacy of the ruling would be, in the eyes of many, tainted. But there is more.

According to the L.A. Times, Scalia was flown to the hunting reserve on the small jet that serves as Air Force Two. That could be interpreted as a gift to a judge from a pending litigant. The trip has value, and judges are not supposed to accept things of value under circumstances where it calls their objectivity into question. This alone would justify a recusal. And there’s a “strike three.”

The Times reports that the reserve where the duck hunting took place is owned by Wallace Carline, the head of Diamond Services Corp., an oil services firm that is on 41 acres of waterfront property in Amelia, La. The company provides oil dredging, pile driving, salvage work, fabrication, pipe-rolling capability and general oilfield construction. There is no indication that he has a direct stake in the case, but he is an energy executive. So we have a Supreme Court Justice ruling on whether materials should be released regarding the input of the energy industry into national energy policy in meetings held by the Vice-President, after he spends a hunting trip with the Vice-President, who has also provided charter jet transportation, at a hunting reserve where he is the guest of an energy executive.

Come on, Justice Scalia. Continue reading

Attorney General Lynch, Meet The Appearance Of Impropriety! Funny, I Assumed You Were Acquainted…

Clinton Lynch

U.S. Government officers and employees are directed to avoid engaging in conduct  “creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. ” Some of those officers, like those who work in law enforcement and the justice system, shouldn’t require Executive Order 12674 – Principles of Ethical Conduct for Government Officers and Employees to know that the appearance of impropriety, including bias, favoritism, influence peddling and conflicts of interest, is unethical, since judges have a prohibition against creating such appearances in their codes of conduct no matter where their courts are located. They also know that as  professionals charged with making sure the rule of law works equitably and efficiently for all, rich and poor, high and low, the public trust is essential and indispensable. If the public doesn’t trust the fairness, objectivity, competence and wisdom  of those who enforce the law, then the public will not trust the law itself, and the rule of law, and democracy itself, will be threatened.

This is ingrained into every government lawyer’s hide, and so core to the principles of justice professionalism that the news that Attorney General Loretta Lynch met privately with  former President Bill Clinton this week just defies explanation. Supposedly President Clinton walked uninvited from his plane to her government plane, which were both parked on a tarmac at Phoenix Sky Harbor International Airport to chat.

Her only proper and ethical response to Clinton is undebatable:

“I’m sorry, Mr. President, but my Department is in the midst of investigating your wife, and it is crucial that the public does not detect any evidence of collusion or influence occurring, and observes no evidence that would cause it to question in any way the ultimate determination by Justice regarding any possible legal action. You certainly must understand my position…and by the way, since you do understand, what the hell are you doing here? Go! Now!”

She did not say this, however.

She met with him.

Game over.

Appearance of impropriety. Continue reading

Freddie Gray Prosecution Update: A Law Professor Formally Accuses The Unethical Prosecutor Of Being Unethical

finger-pointing

George Washington Law School Professor John F. Banzhaf III has filed an ethics  complaint against State’s Attorney Marilyn Mosby with Maryland’s Attorney Grievance Commission. Banzhaf accuses Mosby in his 10-page complaint of breaching Maryland’s rules of professional conduct for lawyers, which requires that a prosecutor refrain from prosecuting a charge unless it is supported by probable cause, in her conflicted and incompetent prosecution of six police officers involved in the arrest of Freddie Gray. The complaint also flags Mosby’s improper use of public statements to bias the administration of justice.

Good.

Of course he is right, as I have repeatedly explained here, here, here, here, and here. I assume there have been other complaints before this one, but he has made the issue a high profile one, and that’s excellent news.

Mosby has earned the Mike NiFong treatment: the unethical prosecutor in the Duke Lacrosse rape case was disbarred, briefly jailed, and sued. She is black, female, and a Democrat, and NiFong remains one of the very, very few prosecutors to be punished significantly for unethical conduct. I will be amazed if the commission does anything momentous or sufficient to discourage grandstanding prosecutors like Mosby in the future, even though such prosecutors are willing to ruin lives for political gain.

I hope I am wrong.

(But I’m not.)

It’s Time To Fire And Discipline Marilyn Mosby

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” Continue reading

Unethical Quote Of The Day, Or “Now THIS Is Spinning!”: Hillary Clinton Spokesperson Brian Fallon

Clinton spin

“While political opponents of Hillary Clinton are sure to misrepresent this report for their own partisan purposes, in reality, the Inspector General documents just how consistent her email practices were with those of other Secretaries and senior officials at the State Department who also used personal email. The report shows that problems with the State Department’s electronic record keeping systems were longstanding and that there was no precedent of someone in her position having a State Department email account until after the arrival of her successor. Contrary to the false theories advanced for some time now, the report notes that her use of personal email was known to officials within the Department during her tenure, and that there is no evidence of any successful breach of the Secretary’s server. We agree that steps ought to be taken to ensure the government can better maintain official records, and if she were still at the State Department, Secretary Clinton would embrace and implement any recommendations, including those in this report, to help do that. But as this report makes clear, Hillary Clinton’s use of personal email was not unique, and she took steps that went much further than others to appropriately preserve and release her records.”

—-Hillary Clinton campaign spokesman Brian Fallon, spinning the IG report with revelations which prompted that right-wing rag the Washington Post this morning to call his boss’s conduct, in an editorial, “inexcusable, willful disregard for the rules.”

Wow.

Whatever Hillary Clinton’s campaign is paying Brian Fallon to lie for her, it’s not nearly enough.

Imagine: the State Department IG issues a devastating condemnation of Clinton’s conduct, one that proves (as stated here since March, 2015, because it was obvious that early) Clinton has been lying about her conduct, her motives and the consequences of her actions regarding her personal e-mail server installed precisely to avoid the legal reach of the Freedom of Information Act at the risk of compromising national security, and the Clinton camp response is  to say, “See? She was telling the truth all along!”

http://www.youtube.com/watch?v=TAryFIuRxmQ

This response is..

Cynical.

Audacious.

Insulting.

Also designed for use by the completely corrupt, like Nancy Pelosi,  typical of Clinton responses to all scandals, and ridiculously easy to expose.

And before I start exposing, let me address the comments of the liberal end of Woodward and Bernstein (that would be Carl), who while agreeing on CNN this morning that the IG’s report is “devastating” in its near complete demonstration of how much Clinton has misrepresented the facts and her conduct to the news media and the American people, summed it all up be saying that Hillary has had “an uncomfortable relationship with the truth.”

To evoke the late Fred Rogers: Can you say “habitual liar”? Sure you can! A woman who has had “an uncomfortable relationship with the truth,” Carl, is a liar. Don’t sugar-coat it and obfuscate. That’s what the Clintons do. You sound like a Clinton! She’s lying. She lied about the server. She lies all the time. You’re a journalist. Just say it, loud and clear. That’s your damn job.

But I digress.

Let’s just go over how poor Brian Fallon’s statement of desperate mega-spin is dishonest, misleading, and, to be blunt, a pack of lies: Continue reading

What A Surprise: The Inspector General Reports That What We Knew Clinton had Done With Her E-Mails A Year Ago In Fact Was What She Had Done, That She Has Been Lying And Spinning Ever Since, And That Her Supporters Have Either Been Dupes Or Accomplices! OK, I Guess That’s Not Much Of A Surprise…

Yawning2I’m not sure what to write about this, except that it has to be reported because the Clinton e-mail scandal has been so extensively discussed here since early in 2015. If it’s surprising to anyone, I pity them. If they try to keep denying it, I have contempt for them. If they don’t understand why this issue matters (Bernie…!), I pity them and have contempt for them.

Today the State Department’s inspector general’s report on the Clinton’s e-mail practices was released to the media.  The report makes it clear that Clinton intentionally set up the private server to avoid scrutiny of her personal e-mails, and the various Stygian activities revealed there. In order to do that, she willfully and knowingly violated State Department policies, and placed national security at potential risk.

The report concluded that Clinton failed to seek legal approval for her use of a private email server and that department staff would not have allowed it had she requested approval, because of the “security risks in doing so.”  Clinton’s use of private email for public business was “not an appropriate method” of preserving documents, the inspector general concluded, and her practices failed to comply with department policies meant to ensure that federal record laws are followed. Clinton should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. She did not, choosing instead to provide those records in December 2014, nearly two years after leaving office.

So she was not following policy. What she did was not approved.  She did knowingly take risks with sensitive national security information. It wasn’t because she didn’t make “the best choice” that all of this occurred. Clinton was making the best choice for her…her career, her ambitions, her schemes.  The nation’s interests were secondary. If that. Continue reading