collusion

Morning Ethics Warm-Up, 10/16/2017: SNL, NFL, Collusion, Gossip, And Bribery

/ Jack Marshall / 68 Comments

Good Morning.

1 Why am I only now getting around to today’s Warm-Up? It is because I spent more than 8 hours over the weekend, and three hours this morning, writing a Motion to Dismiss in response to a ridiculous, retaliatory, vindictive lawsuit by a pro se litigant with a grudge. The complaint has no legal cites, because no legal authority supports its claims. I, however, have to cite cases to show why the Complaint is completely without merit. Since the Complaint is a brain-rotting 18 pages, I have to carefully redact it to have a prayer of meeting the 20 page limit for motions. Even then, there is no guarantee that this won’t drag on for months.

No penalty will be exacted on the plaintiff for filing this spurious and groundless law suit. To do so would chill the right of citizens to seek justice and redress for wrongs through the courts. Thus the underlying objective of the suit will be accomplished: to force me to expend time and effort that I have far better uses for. Ethics Alarms readers are affected, my family is effected, my work is affected, my enjoyment of life is affected, and, of course, the system and the taxpayers who fund it are affected. This is an abuse of the system, but one that cannot and must not be impeded.

2. Does anyone have a theory about why the bribery trial of Democratic Senator Bob Menendez has received minimal mainstream media coverage that does not show bias? When Abscam was going on, the trials of the various members of Congress caught in a bribery sting were front page, Evening News headlines for weeks. The only U.S. Senator tried (and convicted) was a Democrat Harrison Williams. Has the news media become that much more partisan since the Reagan Administration?

3. As expected, exiled NFL kneeler (first) and quarterback (second) Colin Kaepernick has filed a grievance accusing NFL teams of colluding to prevent him from getting a contract with any team this season.

We’ve been here before. This is the Barry Bonds scenario all over again. Bonds, the definitive ethics corrupter in Major League Baseball and a flagrant steroid cheat and liar, was not resigned by the San Francisco Giants after the 2007 season. He was 42, but his season had been productive, with a 1.o45 OPS, close to the best in the game. I wrote an article for The Hardball Times arguing that Bonds would not be signed, because doing so would permanently scar any team that accepted him, injure the team’s culture, corrupt its young players, and wound baseball itself. The invective hurled at me and my article by sportswriters and readers was unrelenting. ESPN’s Keith Law said that my essay made anyone who read it stupid. MLB’s satellite channel’s hosts laughed about the idea that teams cared about such matters as integrity. Bonds, however, was not signed, and never played again. While he and his defenders claimed collusion among the owners, no evidence appeared. Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

/ Jack Marshall / 44 Comments

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

Collusion…But Then, As The Times Reminded Us, “These Are Not Ordinary Times,” So It’s OK

/ Jack Marshall / 15 Comments

collusion

Over the weekend as the  2016 campaign’s first Presidential debate loomed, four news organizations published major stories pronouncing Donald Trump a liar, and essentially conferring on the Rationalization #22-ish Hillary “She’s not the Worst Liar” endorsement.

This was a new maneuver in the mainstream news medias full and open opposition of Trump that has left objectivity, neutrality and American journalism ethics in the dust. First came the The New York Times attack—the Times, as the flagship of U.S. journalism, had already given its blessing to biased coverage—with its “A Week of Whoppers“on Saturday. Politico, The Washington Post and The Los Angeles Times all followed the leader in short order. (Or followed orders in short…never mind, that doesn’t quite work.)

Contacted by a curious but gullible Brian Stelter, CNN’s biased but maybe a little less biased than he might be “media watchdog,” publication editors who were involved swore the timing was, as John Travolta says in “Face-Off,” “a  coinkydink!” Marty Baron, the executive editor of The Washington Post, told Stelter indignantly, “We don’t coordinate coverage with anyone else!”

“The four stories were welcomed by the Clinton campaign,” Stelter wrote.  “Aides cited the statistics in television interviews on Sunday.  However, there is no indication that the Clinton campaign was involved.” (That’s my emphasis, if you couldn’t tell.) Continue reading →

UPDATE: The DNC “Apology” Is Even Worse Than I Thought! NOW You Get The Kaboom. KABOOM!

/ Jack Marshall / 37 Comments

Kaboom Red

 Well, she got me!

The utter dishonesty of the Hillary Clinton-dominated Democratic National Committee finally made my head explode, earning the Ethics Alarms KABOOM designation, and also gratitude from the makers of Scott Paper Towels.

I posted  on the deceitful DNC non-apology apology reported last night as the party’s  response to the Wikileaks revelation that the Debbie Wasserman Schultz-led, Hillary Clinton-supporting staff of the Democratic National Committee was actively assisting Clinton’s campaign and colluding to undermine that of her sole challenger for the nomination, Bernie Sanders. My conclusion was that by apologizing for “the e-mails” and “remarks” instead of acknowledging and apologizing for what those e-mails and remarks signified, the DNC was cynically pretending to be sorry while actually deflecting attention away from its real betrayal.

It was worse than that.

When I wrote this, I was not aware of the recent discovery of anti-gay and homophobic comments in the DNC e-mails, though the DNC surely was. For example, there were exchanges like this (from The Daily Caller): Continue reading →

The Final Insult: The DNC Issues A Cynical, Evasive And Dishonest “Apology”

/ Jack Marshall / 9 Comments
The DNC is offering one for free!

The DNC is offering one for free!

I have been asked why none of the various ethical horrors emerging from the Democratic Party ( as in rigging its nomination process), the Democratic National Committee (as in claiming, in spite of smoking-gun evidence, that Hillary Clinton won the nomination “fair and square”) and Hillary Clinton ( as in immediately hiring the ex-chair of the DNC after she had been dumped for overseeing the unethical nomination process manipulation) rated a KABOOM! label, which is reserved for unethical conduct so stunning that it causes my head to explode. The reason is simple.  Being well-acquainted with the depth of Hillary Clinton’s corruption and her documented ability to corrupt others, I am immune to such episodes, which no longer can bring my brain to the necessary boil.

I must admit, however, that the DNC’s outrageous apology  to “Senator Sanders, his supporters, and the entire Democratic Party” issued tonight (it’s Monday evening, the first night of the Democratic National Convention) nearly did it. My skull almost blew.

I’m sure there have been more deceitful, evasive, too-cute-by-half and insulting apologies by major institutions. Well maybe not. Anyone who accepts this slap in the face of accountability as anything better than a sham is either a fool, or complicit in the Democratic Party’s machinations.

Here is the “apology”:

DNC apology

According to the Ethics Alarms Apology Scale, this is both a Level 9 and a Level 10 apology, which is to say a stinking, steaming pile of excrement, and about as unethical as an apology can be. Continue reading →

More On The DNC E-Mail Scandal: Proposition Proved! An Unethical Organization, Seeking To Respond To The Revelation Of Corrupt Practices, Will Only Further Demonstrate The Depth Of Its Unethical Nature [PART 1]

/ Jack Marshall / 15 Comments
debbie-wasserman-schultz

“Hands up! Don’t shoot!”

Last week, the Republicans revealed to the world how untrustworthy it had become under the curse of Donald Trump during its ugly convention. The Democratic Party  has, against all odds, still managed to equal them, proving beyond all doubt that it is equally untrustworthy—and equally loathsome—before its convention even started.  Debating which party debased itself more is a ludicrous exercise—“more untrustworthy” is like “more pregnant”—but boy, it’s hard to conceive of more cynical, “We’re corrupt to the core and proud of it!” behavior than the Democratic Party’s reaction to the Wikileak-ed DNC e-mails.

Many of my progressive Facebook friends spent last week knocking themselves out gloating, and writing screeds beginning with “How can anyone look at themselves in the mirror and say they support the Republican Party?” If they have integrity—and most of them don’t, being thoroughly infected with partyism, bias, and Clinton Corruption–they will be asking their mirrors the same question, with the substitution of one key word.

Here is the unethical aftermath as it has unfolded so far, and what it revealed to anyone not in denial:

1. As I predicted, DNC chair Debbie Wasserman Schultz was designated official scapegoat for the entire party’s primary season-wide cheat, as if she rigged the nomination all by herself, and nobody else knew. Indeed, the damning e-mails revealed that the whole DNC staff management was involved in an organization-wide plot to guarantee the nomination for Clinton, undermine Sanders, and lie to the nation that it was an open and fair process. If the staff knew, the party leaders knew. If the party leaders knew, Hillary Clinton knew….and anyone who argues that she didn’t know is either so dumb or so corrupt themselves that I wouldn’t recommend letting them house-sit for you.

My brain hurts from trying to come up with a suitably descriptive analogy. Is this like one of bullet-riddled Sonny Corleone’s assassins kissing his forehead and saying “There! Boo-boo all better?”  Is it as if Major League Baseball’s response to the 1919 Black Sox scandal and its rigged World Series was to fire the corrupted team’s manager and let the players who took the bribes continue as if nothing happened? The best analogy is probably the most obvious one: Wasserman Schultz is a scapegoat in the traditional sense of the word, a symbolic living vessel let loose in the wilderness to atone for the sins of the people. Of course, that practice was cynical and idiotic, but understandably popular with everyone but the goat. Continue reading →

Observations On The Leaked DNC E-mails

/ Jack Marshall / 71 Comments
"Thanks for all your good work for me, Debbie! And thank the rest of the DNC staff too!"

“Thanks for all your good work for me, Debbie! And thank the rest of the DNC staff too!”

1. In case you missed it—and there were a lot of people trying to make sure you did—the illegal hacking organization Wikileaks released nearly 20,000 stolen e-mails from the Democratic National Committee. It is, by any estimation, a scandal, and potentially a devastating one. You can read various takes on it from Heat Street, BuzzFeed, NPR, The Daily Beast, CNN, BizPac Review, Business Insider, The New York Observer, Fox News Insider, Associated Press, The Daily Caller, Mediaite, and the Associated Press. Among other things, the e-mails show that the Democratic National Committee was actively colluding to undermine Bernie Sanders and ensure that Hillary Clinton won the race to become the Democratic nominee. That means that the Democratic Party, while holding itself out as running a fair nomination process to be determined by primaries and voters while the party played neutral referee, was in fact cheating. It was fixing the competition. It lied to Democratic voters and the nation.

I think that’s a big deal.

2. Objective observers and commentators knew this was the orientation of the DNC long before the leaks, of course. It was obvious, or should have been, that the fix was in. The party tried to make sure that no real competition for Clinton emerged to challenge her for the nomination, despite her obvious weaknesses as a candidate and her self-evident corruption. All that Hillary had to overcome were a Star Wars cantina of token opposition: Sanders, an elderly socialist crackpot; Jim Webb,  a conservative, sort-of-Democrat maverick with even less charm than Hillary; Martin O’Malley, a lightweight former governor with no policy positions that varied significantly from Clinton’s, and whatever the heck ex-Republican Lincoln Chafee was supposed to be.  Even against this motley crew, Hillary  might well have lost in a fair contest, just as she did to an unproven, inexperienced junior Senator from Illinois in 2008.  But Clintons don’t do “fair,” and the DNC was willing to  serve as her accomplice. Thus the party appointed Hillary-supporting “superdelegates,” including Hillary’s husband and many former Clinton appointees and previous enablers. Thus they held as many debates as possible on weekends and opposite major sporting events, so as few undecided people as possible would be exposed to the inevitable Clinton gaffes, lies, and awkward public persona.

2. There should be little sympathy for indignant Democrats who are shocked—-shocked!—that the leaked emails show that the DNC was trying to sabotage Sanders and push Clinton over the finish line. Hillary cheats. Everyone knows that. Everyone knew that  before she announced her candidacy. She was cheating all along, just like she was lying about her State Department e-mails all along, and continues to lie about her Goldman Sachs speeches. Knowing all that, with an obligation to his conveniently adopted party and his principles to try to stop a manifestly unfit woman from gaining power, Bernie Sanders still refused to attack Clinton where she is least fit to be President: her character. All the pieces were there. If the Wikileaks leaks were necessary for Sanders and his supporters to figure out that they were the marks in a rigged  game, they are too gullible and pathetic to be involved in politics. Continue reading →

Wait…Did Debbie Wasserman Schultz Expose A Media Ethics Scandle? Is MSNBC Staging Interviews? Does Anybody Care?

/ Jack Marshall / 33 Comments
"And now let's ask our guest a tough question: what do you think about what I just showed our audience, Congresswoman? I hate to put you on the spot!"

“And now let’s ask our guest a tough question: what do you think about what I just showed our audience, Congresswoman? I hate to put you on the spot!”

In an appearance on MSNBC’s Jansing & Co., Democratic Party Chair Debbie Wasserman Schultz answered queries from Chris Jansing about President Obama’s multi-year lie—desperately being recast as a “promise” by the reporters who have the honesty to report it at all (it’s hard to admit that the leader you’ve been promoting for five years is just just another manipulative fraud )—that “you” can keep your doctor and your health plan if you like them, “period.” I was struck by the unethical means (an ad hominem attack)  Wasserman Schultz employed to rebut a clip of Marco Rubio criticizing the President,  and her pure obfuscation that followed. I also mentioned that she appeared to not know how to pronounce the common word “misled,” saying it instead as “myzeld,” which is usually proof that a speaker is 8 years old.

Sharper eyes than mine among the commenters noticed what I completely missed: the Congresswoman looks like she’s reading from a teleprompter. That would explain “myzeld” more plausibly than my explanation (that everyone in the woman’s life from grade school to now has allowed her to sound like an idiot by not correcting a childish word gaffe). It would also indicate something far more significant than the well-established fact, barely post-worthy, really, that Wasserman Schultz employs unethical debate tactics and is dishonest in statements to the media and the public. If true, it would indicate that MSNBC is staging what it represents as spontaneous, candid interviews, and allows Democrats to know the questions they are going to asked in advance, prepare responses, and have them running on teleprompters at the MSNBC studio. Continue reading →

Comment of the Day: “Yes, Reporters Engaged in ‘Collaboration’ On Questions For Romney. Good!”

/ Jack Marshall / 9 Comments

Dwayne N. Zechman, who has one or two other Comments of the Day to his credit, has authored another in response to the post regarding conservative alarms over evidence that reporters coordinated their questions before Mitt Romney began a press conference on the protests and violence at Middle East embassies. My position was that there is nothing sinister in this as long as it results in the politician or candidate being grilled actually answering legitimate questions. Reporters should do this with all question sessions, if politicians insist on spinning, ducking, and prevaricating. Obviously, if reporters employ this strategy with Romney and not the President, that raises an ethical problem, but a different ethical problem.

Here is Dwayne’s Comment of the Day in response to the post, Yes, Reporters Engaged in “Collaboration” On Questions For Romney. Good!.  I’ll have a further comment at the end.

“I *do* have a problem with the Press Corps acting this way because it sets up a dangerous future license for them to engage in groupthink with no checks and balances against it. (Indeed, the First Amendment would correctly, though tragically, protect it.) Continue reading →