Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

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From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading

Spectacularly Incompetent Candidate Of The Month: Paul Ryan Challenger Paul Nehlen

"This is Paul. Won't you help him? Paul, like millions of other victims across the land, suffers from Constitution Ignorance Syndrome. This dread malady causes its victims to advocate fascist  policies and to sound like idiots in their public statements. But there is hope for Paul, and those like him. Please give, and give generously, To "Educate Paul." a non-profit charity. Your gift is tax-deductible, and you will have made the United States a little less stupid with every penny you contribute to this vital cause."

“This is Paul. Won’t you help him? Paul, like millions of other victims across the land, suffers from Constitution Ignorance Syndrome. This dread malady causes its victims to advocate fascist policies and to sound like idiots in their public statements. But there is hope for Paul, and those like him. Please give, and give generously, To Educate Paul a non-profit charity. Your gift is tax-deductible, and you will have made the United States a little less stupid with every penny you contribute to this vital cause.”

This was the guy that Donald Trump was supposedly going to endorse as retribution for Speaker Ryan’s negative comments? It’s comforting, isn’t it, that Trump isn’t that irrational? Ann Coulter is, but Trump isn’t. (At least in this case.)

Paul Nehlen is the arch conservative and certifiable ignoramus who is challenging House Speaker Paul Ryan in Wisconsin’s First Congressional District’s Republican primary. Interviewed last week on “Chicago’s Morning Answer,” Nehlen said that he wonders why we have any Muslims in the country, and suggested that there should be a public debate about tossing Muslims out of the U.S.

Here’s a partial transcript of the relevant comments Nehlen made to hosts Amy Jacobson and Dan Croft: Continue reading

To Be Fair To Incompetent Elected Official Rep. Louie Gohmert (R-TX), His Nemesis, Rep. Corrine Brown (D-Fla) Is Incompetent Too.

Incompetence and idiocy in Congress is a bi-partisan ethics problem.

Rep. Louie Gohmert and Rep. Corrine Brown reportedly almost came to blows during last month’s cynical Democratic “sit-in” demanding that Sen. Susan Collins’ anti-Due Process, anti-Fifth Amendment, pre-crime “We have to DO something!” gun bill get a vote in the House despite being, you know, unconstitutional and totalitarian. Gohmert and Brown were screaming at each other and had to be separated.

Gohmert has proven himself to be an idiot, and idiots do not make competent members of Congress. To be fair, however, Brown is as least as big an idiot, and may be a crook as well.

Brown was charged with 24 counts of fraud late last week based on an investigation that found her and her Congressional staff using a college scholarship fund as “a personal slush fund.”  Federal prosecutors allege that the Congresswomen and her chief of staff, Elias “Ronnie” Simmons, used her position and office to solicit hundreds of thousands of dollars in donations to the fake charity.

Brown’s jaw-dropping response? This:

“These are the same agents that was not able to do a thorough investigation of [shooter Omar Mateen], and we ended up with 50 people dead,” Brown said. Having made that ridiculous rationalization-soaked diversion official (they aren’t the same agents, by the way), she moved on to playing the race card, the default defense of all unethical African-American officials.

But first I should mention that the rationalizations behind Brown’s diversionary  non-explanation are…

22. The Comparative Virtue Excuse or “There are worse things.”

26. “The Favorite Child” Excuse (“Why are you punishing her when there are people more deserving of punishment?“)

54. The Scooby Doo Deflection, or “I should have gotten away with it!”

On her blog, Brown attributed the indictment to racism and had the gall to compare her fate to those of the two men recently killed in police shootings as well as the assassinated Dallas police officers, writing in her blog,

“Two black men were needlessly gunned down by police; five Dallas police officers were slain by a demented man, and on Friday I had to appear in federal court. I’m not the first black elected official to be persecuted and, sad to say, I won’t be the last.” 

OK, I’m ready to call it! She’s even worse the Louie. Nevertheless, a battle between the two would have been the Godzilla vs. Mothra of incompetent elected officials. Two bad they didn’t just let these twin embarrassments to the Congress go at it.

 

Incompetent Elected Official Of The Month: U.S. Rep. Louie Gohmert (R-TX)

I know this is like shooting fish in a barrel—dead fish, in fact— but I need some levity about now. Of course it’s no joke, and indeed tragic, that a certifiable fanatic like Gohmert can reach a position of influence in our government, and a greater tragedy that there are so many equally unfit officials, from both parties. Few, however, are willing or able to expose their cognitive deficiencies as deftly as Congressman Gohmert.

When a gay, progressive friend posted the story about this, I assumed that he had been caught (again) in a web hoax. Surely Gohmert isn’t THAT stupid. Nobody is that stupid in Congress, surely. Yet he is, and the story was correct and true.

This happened a while back, during the “general speeches” portion of House proceedings on May 26, 2016. It was little noted, because if it had been, I would hope that GOP leaders would have placed him in a padded room and denied him the opportunity to ever speak for the party again.

Here, in part, was Gohmert’s anti-gay, science fiction rant (the video of his whole speech is above): Continue reading

When Counting On Ethics Isn’t Enough: The Delegate Bribery Risk At The GOP Convention

Fortunately, we all know Donald Trump doesn't operate this way...

Fortunately, we all know Donald Trump doesn’t operate this way…

This hasn’t come up before in party nominating conventions, because the last time there was a threat of a brokered convention no billionaires were running. Now, however, with Donald Trump likely facing a battle for delegates at the GOP battle looming in Cleveland, the specter has been raised of horribly unethical conduct being nonetheless legal: bribing delegates.

There are federal and state laws prohibiting bribery of elected officials, and laws making paying for votes illegal in elections. No laws seem to  restrict what private citizens serving as delegates at their parties’conventions can take in exchange for their votes on a nominating ballot, however. The closest, suggests former Bush administration lawyer Richard Painter at the Legal Ethics Forum, is the “theft of honest services” statute 18 U.S.C. § 1346, and it isn’t close enough. Continue reading

And Now, A Positive Note About Marco Rubio: Apparently He Actually Reads Bills Before He Votes On Them…

Republican presidential candidate Sen. Marco Rubio, R-Fla., speaks with the media after touring the World Famous Gold & Silver Pawn shop with owner Rick Harrison Thursday, May 28, 2015, in Las Vegas. The shop is featured in the television show Pawn Stars. (AP Photo/John Locher)

…unlike everyone else.

…at least when he bothers to show up to vote, which isn’t often.

Still, to be fair to Marco, Ethics Alarms notes that Joshua Stanton, a lawyer and North Korea policy expert who has advised the Hill on legislation, writes:

By now, most of you know that the North Korea Sanctions and Policy Enhancement Act, the Senate’s version of H.R. 757, passed the Senate unanimously Wednesday night. The House is expected to pass the Senate’s version this morning and send it to the President’s desk.

In an election year, when floor time is especially precious, it was remarkable and humbling that the Senate spent an entire day debating this bill….Both Ted Cruz and Marco Rubio interrupted their presidential campaigns to fly back to Washington and cast “yea” votes. Both senators have been solid supporters of the bill. Two years ago, Senator Rubio personally read every line of an earlier version. I hope I’m not giving away a trade secret here, but it’s pretty damn rare for representatives and senators to personally read lengthy, legalistic bills themselves; most delegate that to their staffers. Rubio did so with obvious care and understanding, leaving no doubt that he’s extremely bright. I saw his tracked changes and comment bubbles in the draft, and suspect that the mineral export ban the Senate added to section 104 was (at least in part) his idea. That provision could be quite powerful, akin to previous legislation that banned Iran’s oil sales.

This suggests to me that Rubio, while not having the goods to be President, could be an excellent, responsible Senator, if he wanted to be.

Too bad he doesn’t want to be.

[There is still no excuse for every member of Congress not personally reading and understanding ever piece of legislation they vote on. For elected officials to vote into law bills they have not read carefully and fully understand is unethical—lazy, irresponsible, incompetent.]

____________________

Pointer: Fred, who is on a roll…

 

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading

Signature Significance From The Ted Cruz Campaign: No Trustworthy Candidate Would Allow This Mailer

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I really hate fake mailers, because they are lies. Whether it is a fake census letter to hit me up for a Republican Party contribution, a fake IRS warning to make me read a tax service, a false notification of a prize I didn’t win to sell me soap, or a phony hand-addressed envelope from a “friend” to get me to check out a website, these are inherently dishonest devices dreamed up with the assistance of soulless direct marketing hacks, who from my personal experience are ethics-free sociopaths who luckily—for the rest of us— ended up in a relatively non-violent field. I don’t buy soap from companies that try to hook me with lies; I don’t give money to causes that trick me into opening their solicitations, and I definitely don’t support presidential candidates who use lies and intimidation techniques to get me to vote for them. Presidential candidates like…Ted Cruz. Continue reading

Incompetent Elected Official Of The Week: Rep. Bob Brady (D-Pa.)

bob_brady_pope

From the Washington Times:

“As Congress members rushed to touch Pope Francis after Thursday’s historic address on the House floor, Rep. Bob Brady reportedly made a beeline for the podium to swipe the Holy Father’s discarded water glass.

The Pennsylvania congressman immediately took a sip out of the glass and brought it back to his office, ABC News reported

“The congressman is a Catholic and has immense respect for the Holy Father,” Rep. Brady’s Chief of Staff Stan White told ABC.

His office confirmed that Mr. Brady drank from the water and shared it with members of his staff and his wife, Debra Brady…The congressman kept the remainder of the water and plans to sprinkle it on his grandchildren, Mr. White said.”

Actually, I don’t know what to call this conduct.  Creepy? Superstitious? Embarrassing? Unsanitary? Silly? Bizarre? Funny? Deranged?

Incompetent will just have to suffice.

Does every glass the Pope drinks from become like the Holy Grail? I’d be careful, if I were were the Congressman…

Brady’s antics make the entire government look foolish. There’s religious belief, and there is irrational conduct. One doesn’t have to lead to the other, but such a display should cause serious voters to pause and wonder whether a man who acts like this belongs in a high office, or even a not so high office.

What an idiot.

UPDATE: After I posted this about an hour ago and had to run an errand, I began wondering whether Brady’s reverence for the Pope, which seems to extend to a belief that his lips are magic, also extends to accepting Catholic doctrine and what the Pope advocates, at least when these don’t conform to the Democratic Party’s platform. Here are Brady’s votes on abortion. A summary: Brady has voted for the most extreme pro-abortion positions. Reconcile that, if you will, with his water glass stunt.

I cannot comprehend Catholics who embrace this kind of hypocrisy and cognitive dissonance, nor can I respect any voter who would observe Brady and say, “Now there’s a man of integrity, wisdom and judgment!”

Cover-up: Successful

Somebody tell Rep. Gowdy that his committee's investigation is futile. The news media and the public just don't mind being lied to any more.

Somebody tell Rep. Gowdy that his committee’s investigation is futile. The news media and the public just don’t mind being lied to any more.

From USA Today:

One day after the deadly Sept. 11, 2012, attack on the U.S. compound in Benghazi, Libya, the Defense Intelligence Agency concluded the assault had been planned 10 days earlier by an al-Qaeda affiliate, according to documents released Monday by conservative watchdog group Judicial Watch. “The attack on the American consulate in Benghazi was planned and executed by The Brigades of the Captive Omar Abdul Rahman,” said a preliminary intelligence report by the Defense Intelligence Agency, obtained through a lawsuit following a Freedom of Information Act request.

Wait…I thought that Hillary Clinton, State, President Obama and Susan Rice were all laboring under the misconception that the attack was spontaneous and prompted by a YouTube video, and the claims that the Obama Administration was stalling the revelations of what they already knew so Mitt Romney couldn’t challenge Obama’s carefully manufactured narrative that he had terrorism on the run were just partisan sour grapes. That’s been the spin the liberal press has been accepting from the White House for over two years.

What’s going on here? Well, the “narrative” carefully shifted away from the most transparent administration in history lying to the American public to excessive Republican claims that the outpost wasn’t given proper security, wasn’t rescued when it could have been, was the product of criminal incompetence. As soon as those accusations failed, Democrats and the news media promptly adopted the official Obama line: Benghazi was a “nothingburger,” in the contemptuous words of Washington Post columnist Dana Milbank. It was a manufactured scandal of no substance designed to discredit Hillary Clinton.

But no evidence proved that Obama, Clinton and Rice weren’t lying about the attacks being spontaneous and not organized terrorism, and all the evidence has demonstrated the contrary, with this latest piece of the puzzle simply filling in some of the blanks. Of course, the latest story wasn’t even covered by most of the mainstream media; I was shocked to see it in USA Today. Judicial Watch is a conservative organization, you see. To be fair, it’s a whack job conservative organization. That means it could legitimately discover cold fusion and the news media wouldn’t pay attention.

Maybe it isn’t news. After all, the Obama cover-up worked. As Harry Reid said, after admitting his part in the organized effort to make sure that the 2012 Presidential elections was based as much on smears, lies and slight of hand as real issues, “Romney lost, didn’t he?” Hillary’s famous dismissal of the issue in the Benghazi hearings was on the mark: “What difference, at this point, does it make?” Continue reading