Corrupting History To Get Trump, And Smearing A Profile In Courage To Do It

Senator Edmund G. Ross. Hero? Corrupt hero? Politician?

It all started when a thoroughly Trump-deranged friend of long-standing–a Georgetown professor!–cited with approval on Facebook a critical article at the CNN site condemning the National Archives idiotic altering of an anti-Trump photo. I discussed the issue, and the article, here, #3, noting that Perry exposes himself as an unprofessional hack by using this incident to suggest, without evidence, untold document mischief throughout the  Trump administration. Noting how completely historians have debased their profession by joining the “resistance” and engaging in partisan analysis, I promised to return to Perry’s unethical screed that day. Well, I’m late, but here it is.

Later in his article, Perry wrote,  “Just last week, Vice President Mike Pence authored a mendacious op-ed in the Wall Street Journal, which touted one senator’s vote against the impeachment of President Andrew Johnson as a profile in courage, despite historians’ agreement that the senator was, in fact, likely bribed.”

I know all about Edmund G. Ross, celebrated in JFK’s “Profiles in Courage” as the Radical Republican Senator from Kansas who saved President Andrew Johnson from a political coup attempt very similar to what the Democrats are trying now to do to President Trump. Ross’s vote against impeachment conviction was the margin by which the two-thirds requirement for impeachment failed. Kennedy’s book (which he didn’t write, but that’s another ethics story) designated Ross a hero because he knew his vote would likely end his political career in Kansas, as indeed it did. Where did the alleged historical consensus that Ross was bribed come from?

The answer is nowhere. There is no such “agreement,” because there is no proof, only speculation. However, smearing Ross and denigrating his motives are essential to legitimizing  a 19th Century Republican plot to remove a President who was obnoxious, defiant, and widely regarded as  “unfit” as well as being looked down upon as too humble in his origins to be President. Doing so, you see,  makes the current soft coup appear similarly legitimate. By this new analysis, Ross isn’t a hero but a villain, thus the assault on Pence for citing Ross as a role model  Continue reading

Written Statement of Prof. Jonathan Turley: “The Impeachment Inquiry Into President Donald J. Trump: The Constitutional Basis For Presidential Impeachment” [PART III]

(Part I is here; Part II, here.)

In this section of his testimony, Turley deals with the Ukraine phone call that is supposedly impeachable. Here is the key paragraph:

“Again, the issue is not whether these comments are correct, but whether they are corrupt. In my view, there is no case law that would support a claim of corrupt intent in such comments to support a bribery charge. There is no question that an investigation of the Bidens would help President Trump politically. However, if President Trump honestly believed that there was a corrupt arrangement with Hunter Biden that was not fully investigated by the Obama Administration, the request for an investigation is not corrupt, notwithstanding its inappropriateness. The Hunter Biden contract has been widely criticized as raw influence peddling. I have joined in that criticism. For many years, I have written about the common practice of companies and lobbyists attempting to curry favor with executive branch officials and members of Congress by giving windfall contracts or jobs to their children. This is a classic example of that corrupt practice.”

IV.   THE CURRENT THEORIES OF IMPEACHABLE CONDUCT AGAINST PRESIDENT DONALD J. TRUMP

 While all three acts in the impeachment standard refer to criminal acts in modern parlance, it is clear that “high crimes and misdemeanors” can encompass non-criminal conduct. It is also true that Congress has always looked to the criminal code in the fashioning of articles of impeachment. The reason is obvious. Criminal allegations not only represent the most serious forms of conduct under our laws, but they also offer an objective source for measuring and proving such conduct. We have never had a presidential impeachment proceed solely or primarily on an abuse of power allegation, though such allegations have been raised in the context of violations of federal or criminal law. Perhaps for that reason, there has been a recent shift away from a pure abuse of power allegation toward direct allegations of criminal conduct. That shift, however, has taken the impeachment process far outside of the relevant definitions and case law on these crimes. It is to those allegations that I would now like to turn.

At the outset, however, two threshold issues are worth noting. First, this hearing is being held before any specific articles have been proposed. During the Clinton impeachment hearing, we were given a clear idea of the expected articles of impeachment and far greater time to prepare analysis of those allegations. The House leadership has repeatedly indicated that they are proceeding on the Ukrainian controversy and not the various alleged violations or crimes alleged during the Russian investigation. Recently, however, Chairman Schiff indicated that there might be additional allegations raised while continuing to reference the end of December as the working date for an impeachment vote. Thus, we are being asked to offer a sincere analysis on the grounds for impeachment while being left in the dark. My testimony is based on the public statements regarding the Ukrainian matter, which contain references to four alleged crimes and, most recently, a possible compromise proposal for censure.

Second, the crimes discussed below were recently raised as part of the House Intelligence Committee hearings as alternatives to the initial framework as an abuse of power. There may be a desire to refashion these facts into crimes with higher resonance with voters, such as bribery. In any case, Chairman Schiff and committee members began to specifically ask witnesses about elements that were pulled from criminal cases. When some of us noted that courts have rejected these broader interpretations or that there are missing elements for these crimes, advocates immediately shifted to a position that it really does not matter because “this is an impeachment.” This allows members to claim criminal acts while dismissing the need to actually support such allegations. If that were the case, members could simply claim any crime from treason to genocide. While impeachment does encompass non-crimes, including abuse of power, past impeachments have largely been structured around criminal definitions. The reason is simple and obvious. The impeachment standard was designed to be a high bar and felonies often were treated as inherently grave and serious. Legal definitions and case law also offer an objective and reliable point of reference for judging the conduct of judicial and executive officers. It is unfair to claim there is a clear case of a crime like bribery and simultaneously dismiss any need to substantiate such a claim under the controlling definitions and meaning of that crime. After all, the common mantra that “no one is above the law” is a reference to the law applied to all citizens, even presidents. If the House does not have the evidence to support a claim of a criminal act, it should either develop such evidence or abandon the claim. As noted below, abandoning such claims would still leave abuse of power as a viable ground for impeachment. It just must be proven.

A.  Bribery

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Morning Ethics Warm-up, 7/18/2019: Heading Toward An Ameriac Where “America” Is Banned, Where It’s Illegal To Call An Illegal Illegal, Where Judge’s Say “Good Work!” To Felons, And Where Illiterate Celebrities Are “Influencers”

Aiiii!

Everything is seemingly spinning out of control!

1. For example, this stupid controversy, and surprisingly, it involves the Kardashian family. Kylie Jenner, Kim’s half-sister, is, as you may know, a “social media influencer,” which means companies pay her millions to use Instagram to promote their brands or products to the mouth-breathing idiots who follow this fatuous and useless celebrity.

Kylie recently issued a post featuring this photo of herself nude in a huge straw hat…

 

which rankled another “influencer,” Amanda Ensing—how can someone get paid to influence people when I’ve never heard of them?— who accused Jenner of stealing her pose.  Ensling has more than one million followers on both YouTube and Instagram, where she posts her outfits, makeup looks, travel experiences, and hairstyles, and  had previously appeared on Instagram like this…

She implied that Jenner had engaged inInstagram pose plagiarism, or something. (There’s no such thing.) The ever-articulate half-Kardashian lashed back, in words reminiscent of Dryden or Wilde in high form,

“from the words of Kim K ur not on my mood board but i did get my inspo off Pinterest”

This exchange justified breathless accounts in People, The Daily Beast, Cosmo, E!, Us, and dozens of other websites, as well as celebrity cable shows, spreading the false impression that what these semi-literate narcissists  say or do matters, thus increasing their ability to make our young trivial and even dumber that our schools make them.

Apparently Pierre Auguste Renoir isn’t active on social media, or he might have complained to both “influencers.”

2. From Minnesota, a very different kind of stupid: In an epic example of woke virtue-signaling because Nationalism Bad,  the city council for St. Louis Park in Minnesota decided to end the practice of reciting the Pledge of Allegiance at its meetings—you know,  to be more “inclusive,” which means to pander to members who don’t care that much for the United Sates of America.  Then they were shocked to discover that a very vocal majority of constituents found the move offensive, so the city council members did a complete 180,  said, “Never mind!” and reversed themselves unanimously,though complaining bitterly and implying that Deplorables made them do it. Integrity! Principle over expediency! Continue reading

Saturday Ethics Warm-Up, 4/6/2019: Who’s The Worst? [CORRECTED]

Good morning!

The day got off to a grand start when the first thing that came up on TV was the ending of John Wayne’s “True Grit.” When the Coen Brothers did their (dark) remake starring Jeff Bridges as Rooster Cogburn, I wondered which version would survive as the definitive one. Sometimes remakes of classic films obliterate the originals, like “The Thing,” or “Invasion of the Body-Snatchers.” Sometimes the original films are so obviously superior that the remake just vanishes. Sometimes it should vanish, but doesn’t, like the ugly “Charlie and the Chocolate Factory” created by Tim Burton. Both “True Grit’s ” are excellent, but so far, at least, the Duke’s Oscar-willing performance has prevailed. Good.

1. From the “You can’t fool all of the people all the time, especially if you’re a callow, arrogant fool” files:  Rep. Alexandria Ocasio-Cortez offended an audience made up predominantly of African Americans when she slipped into assumed regional slang to lecture them about the dignity of menial jobs for life

“I’m proud to be a bartender, ain’t nothing wrong with that!” Ocasio-Cortez proclaimed. [CORRECTION NOTE: Originally, the version of this statement I had was an Ebonics-fest that I got off of a tweet from an attendee. This was incorrect: thanks to Chris Marschner for the fact check.]

Actually, the real offense was her content, not her delivery. This is communist cant for the proles: don’t aspire to more than your hum-drum jobs, for you are serving the greater good (and your superior overlords). That’s not the American values system, or American culture, which encourages productive dissatisfaction, personal initiative, and determination to be better and do better.

2. I knew Harvard wouldn’t be able to duck the college admission scandal! Harvard has launched  an “independent investigation” into a series of suspicious events that occurred in 2016. Wealthy businessman  Jie “Jack” Zhaopaid inexplicably paid $989,500  for a home in the Boston suburbs that was valued at only $549,300.  Seventeen months later he sold that home for $665,000, for a loss of $324,000. Continue reading

Morning Ethics Warm-Up, 1/25/2018: Special “Was That Wrong? Should I Have Not Done That? I Gotta Plead Ignorance On This Thing Because If Anyone Had Said Anything To Me At All When I First Started Here That That Sort Of Thing Was Frowned Upon…” Edition*

Good morning, all.

Let’s get warmed up…

1  Social media censorship. Tom Champlin, who owns the libertarian news aggregator The Liberty Review and runs its associated Facebook page was banned from Facebook for 30 days under its “community standards” for posting this:

Facebook prohibits posts that promote harmful conduct, eating disorders and suicide, but no one but an idiot–is the Facebook community made up of idiots?—would misinterpret the meaning of that meme. It’s a political statement, and if it really violates Facebook’s “community standards,” then Facebook is demanding ideological conformity in its already largely mindless left-wing echo chamber. Either enough Facebook users who believe in free speech make a stink over this kind of attempted regulation of public opinion to force Facebook (and Twitter, and Google) to cut it out, or the open expression of ideas in social media will be doomed.

I suggest every Facebook user post this meme, not to chide Obamacare, but to show support for freedom of expression, and contempt for Facebook’s attempt to strangle it. Of course Facebook, as a private business, can ban what it wants. That doesn’t mean abusing its power and influence is any less dangerous or despicable.

I just posted this item, with the meme, to my Facebook page. I’ll be interest to see a) if I get banned, even with the above preface, and 2) how many of my knee-jerk progressive friends have the integrity to post the meme themselves.

2.  Predators who don’t get it, Part 1. Like many others, I wondered if the NPR banishment of Garrison Keillor and the deposit of his iconic “Prairie Home Companion” radio show  in the Void of Shame was just witch hunt mania. Keillor dismissed it as the result of a single ex-employee making a late fuss over an accidental laying on of hands. Finally, after being attacked by Keillor fans for Frankening him unjustly, Minnesota Public Television, which was the NPR station that investigated the plummy humorist, decided that it had to go public with the real story. Yesterday it posted a statement that said in part…

When Minnesota Public Radio abruptly severed ties with Garrison Keillor in November, the sole explanation offered by the company was “inappropriate behavior” with a female colleague.

For his part, the creator and longtime host of A Prairie Home Companion described his offense as nothing more than having placed his hand on a woman’s back to console her. An investigation by MPR News, however, has learned of a years-long pattern of behavior that left several women who worked for Keillor feeling mistreated, sexualized or belittled. None of those incidents figure in the “inappropriate behavior” cited by MPR when it severed business ties. Nor do they have anything to do with Keillor’s story about putting a hand on a woman’s back:

  • In 2009, a subordinate who was romantically involved with Keillor received a check for $16,000 from his production company and was asked to sign a confidentiality agreement which, among other things, barred her from ever divulging personal or confidential details about him or his companies. She declined to sign the agreement, and never cashed the check.

• In 2012, Keillor wrote and publicly posted in his bookstore an off-color limerick about a young woman who worked there and the effect she had on his state of arousal.

• A producer fired from The Writer’s Almanac in 1998 sued MPR, alleging age and sex discrimination, saying Keillor habitually bullied and humiliated her and ultimately replaced her with a younger woman.

• A 21-year-old college student received an email in 2001 in which Keillor, then her writing instructor at the University of Minnesota, revealed his “intense attraction” to her.

MPR News has interviewed more than 60 people who worked with or crossed professional paths with Keillor. Most spoke on the condition of anonymity because they still work in the industry or feared repercussions from Keillor or his attorneys…

Is it possible that Keillor really believes that he never did anything wrong? Yes, it’s very possible, and this Ethics Alarms post from yesterday in all likelihood applies to Keillor, another weird, homely guy that learned early in life that show business was a great way to attract women. Continue reading

Morning Ethics Warm-Up, Christmas Eve 2017: I TRIED To Find Upbeat, Inspirational Items Today, Santa, I Really Did…

Goooood MORNING!

1  I believe the correct term is “rude”...Social norms are necessary to maintain ethical standards, and they need to move quickly when conduct begins to resemble the “broken windows” that trigger urban decay. Years ago there was much complaining about solo diners talking on cell phones in restaurants, a gripe based on “ick” and not ethics. A diner’s table is his or her domain, and if one chooses to talk to a friend who is physically present or one who is elsewhere, that’s no other diner’s business unless the conversation breaks the sound barrier. However, walking around a store while having a loud, endless conversation via earpiece and phone is obnoxious in the extreme. That’s a public place, and the market is an important traditional locus for social interaction and community bonding. Technology is creating toxic social habits that are creating isolation and the deterioration in social skills, including basic respect for the human beings with whom we share existence. I almost confronted a young woman at the CVS last night who was cruising the aisles, laughing and dishing with a friend over her phone,  sometimes bumping into other shoppers in the process.

I wish I had. Next time.

2. I hadn’t thought of this, but it’s obviously a problem of longstanding. Local school boards are traditional gateways to public service and politics, but the previously typical citizens who become involved often have no experience or understanding regarding the basic ethics principle of public office. In San Antonio, for example, a jury acquitted San Antonio Independent School District trustee Olga Hernandez of conspiracy to commit honest service wire fraud and conspiracy to solicit and accept bribes, the result was dictated by her utter cluelessness rather than any doubts about what she did. Testimony revealed an inner-city school district where vendors and board members developed relationships that created conflicts of interest and compromised judgment. The vendors knew what was going on, but the school board members may not have.

Hernandez, for example, testified that she considered the plane tickets, complimentary hotel stays, jewelry, meals and campaign contributions she received from those connected with a local insurance brokerage firm doing business with the school district as favors and gifts from friends. Coincidentally, none of them had been her friends before she was in a position to help them make money.

The beginning of careers in public service is when ethics training is most crucial, not later. How many school board members are required to attend a basic ethics seminar regarding government ethics? I would love to know. Continue reading

Morning Ethics Warm-Up, 12/22/2017: The Best Laid Plans….

GOOD MORNING!

I’m really trying hard to be positive today: guaranteed low traffic, behind the Christmas 8-ball, and last night I heard what is, along with the sound of an atom bomb, Nancy Pelosi’s voice, fingernails on a blackboard, and the screaming of the lambs, among the most horrible sounds in existence: that made by a fully decorated, 8-foot Christmas tree falling over….I don’t want to talk about it.

1 Leaks are unethical. What about this is so hard to understand? This story is being widely interpreted as meaning that the reassigned FBI attorney was one of the likely leakers in the agency. Lawyers leaking confidential information related to their representations is unethical, and ground for disbarment, and of course firing with cause. I hope to get to this in more detail  later, but the widespread attacks in the media on criticism from conservatives, Fox news and President Trump on the FBI is Bizarro World stuff. The FBI would have no leakers if it were professional, competent and trustworthy. None. The botched Clinton e-mail investigation and the Peter Strzok scandal are proof of deep, deep, incompetence and corruption.

2. Well, there goes Plan C! In discussing Plan J, also now on life support, I laid out the Democrats’ other nine plans to over-turn the election and overthrow the Trump Presidency by non-democratic means ( I also hope to get to this in more detail  later, but the widespread attacks in the media on statements from some conservatives and Fox News that Democrats and “the resistance,” aided by the news media, have been attempting a “coup” is Bizarro World stuff as well. The justification for the indignation is that the term coup usually implies a violent overthrow of a government, but there have been coups that were quiet, peaceful and non-violent as well. The key factor in coups is that they are illegal or extra-legal. Calling the various plans to undo a legal election too similar to a coup to ignore places what has been going on since last November in its proper, sinister perspective.

Again: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.” Plan J is to force Trump’s resignation based on alleged sexual misconduct that predated his candidac.

Plan C was just kicked out of court:

“Judge George B. Daniels of United States District Court in Manhattan found that the plaintiffs had failed to show that they had suffered as a result of specific actions by Mr. Trump intended to drum up business for his enterprises. . . . Beyond that, the judge found, the emoluments clauses of the Constitution are intended to protect the country against presidential corruption from foreign influences or financial incentives that might be offered by either states or the federal government. They were not meant to protect businesses from competition from presidentially owned enterprises, he ruled.”

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