Observations On The Gruber Tapes: Tipping Points, Integrity Checks, Totalitarian Tactics and Very Loud Ethics Alarms

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A lot of people in the Obama administration, the media, and even some of your friends would like to characterize the many videos of Jonathan Gruber revealing, as Geraldo Rivera called it, himself an apologist for the administration, “the ugly side of the political process” as no big deal. It is a big deal. I recognized it as a big deal from the first of the videos, as every objective and honest American should. The tapes are as significant and important as the Nixon White House tapes, which revealed  a conspiracy at the highest levels of the government to cover up a criminal attempt to rig the political process and corrupt democracy. Those tapes prompted reforms and political upheaval. So should Gruber’s inconvenient truths, if we believe that our form of government is worth saving. This should be a tipping point. We cannot tolerate this, nor long survive it.

We all should make sure that the many ideologues, activists, hacks and villains who want to ignore the significance of the Gruber tapes fail, and while doing so, metaphorically mark their chests with a giant, red “C” for “corrupter,” if not a “T” for “traitor.” I have heard all the excuses. lies, spin and rationalizations now. If you care about the American system, and want to be part of the solution to this ethics rot in our government and leadership rather than siding with those who want to continue it, then just think a bit. If you banish your biases, you’ll come to the right conclusion, which is this: what Gruber has revealed is serious, dangerous, and wrong.

Some specific ethics observations and conclusions:

1. Apparently the entire Democratic party, the progressive movement and many of the elites in journalism and academia have embraced the undemocratic principle, a key tenet of the theories of Lenin, Islam, Mao, Joseph Alinsky, Goebbels, Joe McCarthy and Big Brother, to mix historical and fictional villains, that deceiving the public and the use of lies are  virtuous and necessary means of governing, because the public does not know what is in its own best interest. This is totalitarianism. There is no disguising it. It is sinister and intolerable. It should not be sugar-coated, and the public needs to be told, in unambiguous terms, why this is more than political expediency. It is a rejection of the premises and ideals that the nation was founded upon. We must reject it, and reject those who excuse it, rationalize it and employ it, in either political party.

The party that has been caught red handed, however, with no plausible escape, is the party of the Affordable Care Act.

2. Every bob and weave, lie and double-lie in response to Gruber’s videos, have failed. The fact that the lies were attempted, however, underscores how serious the corruption is. I immediately went to Media Matters when the story broke. The one-sided advocacy group that pretends that progressives can do no wrong and that there is a conservative media conspiracy, if you can read that without passing out from laughing, has been in rare form in its frenzied efforts to pretend that Gruber’s exposés are meaningless. It headlines its empty defense “The Fraudulent Media Campaign To Scandalize Obamacare’s Passage,” though the mainstream (that is, liberal) media, to its permanent shame, tried to ignore the story longer than I would have thought possible. Then MM tries to bolster White House spokesman Josh Earnest’s risible claims that the Affordable Care Act was passed with unusual transparency. Yes, I’d say lying outright about what the bill would do is unusual transparency, though that’s not what they mean.

This is, as I already pointed out, a Jumbo-–a desperate lie that is obviously a lie to anyone with their eyes open. No law that complex is transparent; no bill that isn’t permitted debate in its final form is transparent; no text that is so long and convoluted that it can’t be read (or printed out from the internet without owning a paper store) is transparent. If it was transparent, we wouldn’t be heading to the Supreme Court over what the proponents of the law term a “typo.” If it was transparent, then what was always intended to be a tax would not have been furiously defended as not being a tax. If it was transparent, the President would not have told the public over 30 times that the law’s passage would not cause anyone to lose a healthcare plan they liked.  The passage of Obamacare was not transparent. Anyone who claims otherwise is one of the liars, earning that big, red “C.” Continue reading

A Damning Role Model For Wisconsin’s Public Union Protests

Fair game for Wisconsin's public unions

The ethical line between Fred Phelps’ anti-gay protesters who disrupt the funerals of  soldiers killed in action, and the self-righteous union protesters opposing Wisconsin’s governor Scott Walker’s budget balancing efforts has thinned to the vanishing point.

On Friday, Walker visited the Messmer Catholic Preparatory School in Milwaukee’s Riverwest neighborhood, to read to third-graders. The third-graders have no political agenda, but 100 protesters felt it was appropriate to disrupt a special day for school children to show their hatred for the governor.
Just as the Westboro Baptist Church feels that its homophobic crusade justifies interfering with military families’ private grief, Wisconsin’s ethically tone-deaf unions feel that innocent student are appropriate collateral damage in their quest to hold on to their privileged status among Wisconsin workers, and elections, laws, deficits and common sense be damned. How especially cynical of the teachers unions, to disrupt the experience of Catholic school students, who, apparently, don’t count. Tell us again, you dedicated teachers, how it’s “all for the children.” Continue reading

Comment of the Day: “The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price”

The motion to vacate Judge Walker’s ruling on Proposition 8 has been filed, you can read it here. Since the original post, I have detected some cracks in the formerly near-united front of legal ethicists and journalists deriding Walker’s critics. Some of them are finally, grudgingly, admitting that the Judge might not have handled his potential conflict so well after all, and that the motion is not a frivolous, anti-gay outrage as they originally labelled it.  The most rickety of the rationalizations put forth on Walker’s behalf, advanced by some his most respected defenders, is that he had no obligation to reveal his own sexual orientation by disclosing his domestic arrangement because of its intimate and private nature. Yet the judge voluntarily disclosed it after his decision was in the books, raising a rebuttable presumption that his original silence was to avoid suggestions of conflict, not out of a desire for privacy.

First time commenter Jada adds her Comment of the Day to the discussion: Continue reading

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading