DACA

A DACA Popeye For NYT Pundit Paul Krugman

/ Jack Marshall / 44 Comments

http://www.youtube.com/watch?v=20FhxjCaSEk

“That’s all I can stands, cuz I can’t stands no more!”

—Popeye, before downing a can of spinach and beating the crap out of someone who richly deserves it.

Readers often accuse me of being angry. I’m almost never angry about the stories I write; I just write that way. In this case, however, I am angry.

Paul Krugman, a nasty, smug, narrow-minded New York Times pundit who epitomizes the infuriatingly common progressive mindset of condescending to anyone who disagrees with his various, so often biased and ignorant positions on a plethora of issues he knows little about and understands less, used today’s op-ed column to call me a racist. Not just me, of course: all the various constitutional scholars and lawyers, elected officials—and Hillary Clinton, once upon a time—who don’t believe that the United States should be obligated to allow illegal aliens to stay in the United States however they got here, or who don’t believe Presidents should use edicts instead of the legal process described by the Constitution to pass laws, or who don’t believe it is responsible or sensible to create incentives for individuals to break our laws so their children will benefit. For they are all racists according to Krugman. And of course,the President is a racist. Krugman writes,

To yank the rug out from under the Dreamers … is a cruel betrayal. And it’s self-evidently driven by racial hostility. Does anyone believe this would be happening if the typical Dreamer had been born in, say, Norway rather than Mexico?

“Rug”: what rug? There was never a rug, just an incompetent  President who wrongly sent the false message that the United States wouldn’t enforce its sovereignty. What the “dreamers” had was a contrived loophole, and loopholes have a way of closing.

“Cruel” : enforcing a law isn’t cruel unless the law itself is cruel. A nation cannot permit illegal immigration, nor can it tolerate illegal border-crossers inflicting sentiment-inducing problems for the nation in which they have no justification for invading. Thus the law isn’t cruel.

“Betrayal” implies that someone has breached a duty on which another had a reason to rely. The United States has a duty to its citizens to enforce its laws. It owes no duty to law breakers, in this case  illegal immigrants whatsoever. If they relied on misrepresentations by cynical and self-serving politicians and activists, it is their own responsibility.

“Self-evidently driven by racial hostility.” When the progressive collective—you know, like Star Trek’s Borg—have no fair, substantive arguments left, crying racism (sexism, homophobia, xenophobia, Islamophobia…) is so routinely the default tactic that I’m amazed they can keep doing it without covering all their mirrors with towels. This is how low they have sunk: “If you don’t see it our way, you are an evil bigot.” That’s it. That’s all they have, when they run out of rhetorical bullets.

If Norwegians were sneaking into the country, using our resources,  hanging around in parking lots waiting to be hired to clean attics, mow lawns and pick fruit, while ducking law enforcement, voting illegally, forging documents, and some of them now and then raping and killing Americans after being depoter multiple times, yes, Paul, you race-baiting demagogue, this would still be happening. Continue reading →

Morning Ethics Warm-Up, 9/8/17: Hybrid Topics! CNN, Hillary, DACA And More…

/ Jack Marshall / 33 Comments

Good morning, all.

1 The Public Interest Legal Foundation, a conservative non-profit public interest group that focuses particularly on voting issues, claims to have data suggesting that Hillary Clinton’s narrow win in New Hampshire in the 2016 election—about 2,700 votes gave her the state—may have been achieved by fraud. A study showed that more than 6,000 voters in New Hampshire had used the state’s same-day voter registration procedures to register and vote.  The current New Hampshire speaker of the House, Shawn Jasper, sought and obtained data about what happened to these 6,000 “new” New Hampshire voters who showed up on Election Day. Most of them are no longer in the Granite State. Only 1,014 have ever obtained New Hampshire driver’s licenses. Of the 5,526 voters who have not, just 3% have registered a vehicle in New Hampshire.  70% of the same-day registrants used out-of-state photo ID to vote in the 2016 presidential election in New Hampshire and to utilize same-day registration.

All of which suggests that it would be prudent if a group other than a right-wing advocacy organization did an unbiased and objective study.  Since Democrats won several top races last year along thin margins, notably Maggie Hassan defeating Kelly Ayotte in the U.S. Senate race by 1,017 votes, some Republicans are claiming that out-of-state voters illegitimately tilted the election. Of course, for all anyone knows, the same-day voters may have voted Republican. The episode does compel three conclusions:

  • Same day registration is a recipe for chicanery. I am suspicious of any elected official or activist who supports it.
  • The Democratic/ mainstream media cant that there is no voter fraud is incredible on its face, and manifestly dishonest.
  • The nation’s lack of eager, objective investigators without partisan agendas is crippling. I don’t believe what conservative sources and pundits conclude about the New Hampshire vote, and I find the lack of interest the liberal national mainstream news media seems to have in the story— on Google, I see New Hampshire sources and conservative sources like Breitbart, BizPac, Fox and the Washington Times—gives the story more credibility, not less.

2. For those who are still having trouble accepting that the DACA was an illegal measure as executed by President Obama, I highly recommend the article by Constitutional law expert Jonathan Turley, who explains why he regarded it as “a flagrantly legislative act by President Barack Obama.”  So did I, but he’s a legal scholar and I’m just a lawyer. From an ethics perspective, my area of expertise, I’m still disturbed at the attitude of the supporters of this Obama’s end-around the Constitution (and others). which can be summarized as, “Let’s see if we can get away with it, because we like the results.” It translates into “the ends justifies the means,” and epitomizes the drift of the Left toward totalitarian methods and philosophy. Continue reading →

Comment Of The Day: “Deferred Action for Childhood Arrivals (DACA) Ethics”

/ Jack Marshall / 33 Comments

I am very grateful for veteran commenter Extradimensional Cephalopod clarifying explanation regarding how and why adversaries on the “dreamer” issue so often talk past and around each other, with never the twain meeting. The first I heard of the “Honor vs. Compassion schism” was in this 2009 essay in The New Criterion by James Bowman. I should have referenced it before. He wrote in part,

Compassion is a virtue, but it is a private, a face-to-face virtue which almost invariably ceases to be one when it takes on a public dimension. An act of compassion by a government, in the full glare of publicity, is not a virtue but a bid to be given credit for moral superiority.

Bingo.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post,Deferred Action for Childhood Arrivals (DACA) Ethics:

It’s a classic honor versus compassion schism. Honor represents orderly good, enforcing consistency and stability so that society may benefit from people knowing where they stand. Compassion represents chaotic good, making exceptions and doing things that cannot be expected or required so that society can benefit from such kindness. Both are necessary, but they must be balanced against each other.

Because your position is based on honor, and makes sense in that context, it’s impossible for people to rebut it in those terms. Instead, they assert that the harm allowed by not extending compassion outweighs the benefits provided by honor, or they reject the concept of honor entirely. They don’t really understand honor or the harm done by dismantling it. Maybe they never noticed the benefits of honor, and only saw its negative effects, or they were oppressed by an ill-conceived brand of honor. Continue reading →

Unethical Quote Of The Month: Simon Radecki

/ Jack Marshall / 9 Comments

“You probably haven’t seen the news. Can you confirm whether or not your daughter Bridget has been kidnapped?”

–Pennsylvanian Simon Radecki of Northampton County, asking Senator Pat Toomey a question at a public town hall relating to the President’s decision to suspend the DACA.

It’s seldom one sees a deliberate breach of question and answer ethics from a member of the public (journalists breach these all the time, but they also are held to higher standards).Radecki’s question to the Senator qualifies, and is about as odious as the breed gets.

To begin with, the question was framed as a lie, suggesting that there was any report to confirm. It was also vicious, an intentional infliction of emotional distress (a tort), a plausible threat, and a direct Golden Rule breach. Nobody would want to have someone falsely report that his daughter was the victim of a crime or in mortal danger, yet this is exactly what Radecki did to Toomey. To add to the question’s unethical pedigree, Radecki dragged Toomey’s innocent 16-year-old daughter ( Ivanka Trump-hate  notwithstanding, being the child of a Republican is not yet a crime)  into a political controversy, exploiting her and employing her as a tool of partisan attack.

Nice. Continue reading →

Morning Ethics Warm-Up, 9/7/2017: Compromise, Competence, Verrit, A Congressional Jerk, And Democratic Crooks Don’t Matter…

/ Jack Marshall / 34 Comments

Good Morning!

1 President Trump stunned the political world and particularly the left’s “I hate him” news media by crossing party lines and cutting a debt deal with Democratic leaders in defiance of his own hyper-partisan party. One reason they were stunned is because this is what competent Presidents do and are supposed to do in order to govern, and we have just finished eight years with a previous President who was unwilling and incapable of doing it.

This single episode doesn’t make Trump a competent President, but it does show that he is competent in at least one aspect of democratic leadership (Obama was competent at exactly two: appearing Presidential and speaking coherently), and has some guts. The demonstrated ability to negotiate and the willingness to act in the teeth of furious opposition were two characteristics that the advocates of his candidacy cited as justification for electing him.

It is also dawning on some that the structure of the DACA executive order may well be to fashion the measure as a bargaining chip to be cashed in later. This is also the kind of thing competent leaders do.

2. There is a new website called Verrit, which appears to be an openly, proudly, left-biased news source which purports to “verify” news stories, obviously based on its own progressive world view. Verrit founder and CEO Peter Daou told the news media,

“We’re in a time now where you just no longer trust anything that you’re reading,” Daou said. “Facts are now in question. Reality is now in question. So we want to do something where we rigorously vet these facts and we actually stand by our research and put an authentication code on every fact that we put up.”

And what qualifies Verrit as a fair and objective “authenticator”? Apparently it is the virtue of being hard-progressive and anti-conservative to the bone. Here is a recent Verrit collection of its “cards”:

Continue reading →

Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

/ Jack Marshall / 12 Comments

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading →

Deferred Action for Childhood Arrivals (DACA) Ethics

/ Jack Marshall / 161 Comments

President Trump, we are told, is considering or has decided to end President Obama’s Deferred Action for Childhood Arrivals, reportedly with a six month delay to give Congress a chance to  pass a law addressing the issue. The Obama-era program, instituted by executive order,  grants two-year renewable work permits to those brought into the country illegally as children.

There are legitimate arguments for and against this policy. Even saying this is blasphemy for its supporters, whose brains, reasoning and sense of national interest have been completely swallowed by Ethics Alarms Rationalizations #55, “We’re Better Than This!” and #56, “Think of the Children!”

Jenifer Rubin, the conservative Washington Post blogger who has been driven both leftward and also near madness by her hatred for Donald Trump, authored a post titled “Ending DACA would be Trump’s most evil act.” Evil! Naturally, she attributes the decision to racism. On Facebook, the progressive echo chamber where most of my friends dwell doesn’t even require an explanation  of why eliminating DACA is proof of a malign soul. “Trump will end DACA Tuesday!” a distinguished Trump-hater writes, as if it were self-explanatory, like “Trump will broil and eat Nancy Pelosi with a nice Chianti.”

I guess I’m evil too. To begin with, Obama violated the Constitution with his unilateral edict that should have been a bill, passed the old-fashioned way, with it being voted on by Congress and signed into law, or not, by the President. The President should end every single one of Obama’s over-reaching, unconstitutional end-arounds of Due Process that exceeded his office’s powers, whether Trump agrees with them or not. The integrity of our system is the most important thing of all, and he is sworn to protect it.

That is the procedural and precedentiary justification to end DACA. There are ethical and legal reasons too. Never mind, apparently. What matters in this issue are feelings. The argument is so marinated in sentiment and emotional blackmail—if you don’t love “the dreamers,” then you are a monster—that a coherent and responsible debate is literally impossible. All of the emotion-based arguments employed to argue that the illegal immigrant children who piled up at the border during the Obama administration should be allowed to cross the border, or that the U.S. should accept, barely vetted, refugees from nations packed with terrorist activity because their children weren’t terrorists have been repurposed in this debate, plus others. I am especially unmoved by the Hurricane Harvey line of argument: because some “dreamers” have done yeoman rescue work  in the wake of the flooding, the fact that they are in the country illegally should be forgiven, and not only that, take that fact as validation of the desirability of ALL “dreamers.” Continue reading →

The Good Immigrant II: The Loudmouth “Dreamer”

/ Jack Marshall / 91 Comments

dani-vargas

Ooooh, I bet a lot of people are just going to hate this.

 22-year-old Daniela Vargas decided to participate in a pro-illegal immigrant news conference this week in Jackson, Mississippi. Two weeks before , ICE officials had handcuff her father and brother in the family’s driveway, for they, like her, were Argentines living in the U.S. illegally. Vargas was only 7 years old when she accompanied her father, mother and brother on a three-month visitor’s visa in 2001. The visa ran out, but they stayed in the Palmetto State.

Daniela had been protected as a “Dreamer” (another progressive euphemism designed to not only obscure truth but to make something that is nothing to be proud of sound benign, even cute) when she was 17 in December 2012 and again in November of 2014. She allowed that protection to lapse, and was officially violating the law for the last three months.

Nonetheless she put herself in front of a microphone and TV cameras this week to proclaim her defiance of the law. “Today my father and brother await deportation,while I continue to fight this battle as a dreamer to help contribute to this country which I feel that is very much my country,” she said.

Then, as Vargas drove home,  ICE agents pulled her over,  handcuffed her and took her to join her family as a first step to deportation.

Good.

Are you outraged? Really? This is a key breach of the common sense, “Don’t rub your law-breaking in the authorities’ faces rule.”  I remember my Dad one time, driving me to the airport when I was late for a flight, passing a state trooper who was going over the speed limit himself.  The trooper pulled us over, and was spitting mad. “You had the gall to flaunt speeding right in my face!” he said, barely under control. “That’s an insult to me, and the law. Just cruise by me going ten miles an hour faster as if I was nothing? No respect at all!” he said.  My dad could only say “I’m very sorry, officer. I didn’t intend to be disrespectful, but you are right. It was.” (He got a ticket.)

Vargas was so certain that she was immune from the laws of ” this country which she feels that is very much my country” that she flaunted her illegal status, after shrugging off her obligation to take the required steps to stay here. Like father, like daughter.

In a statement, an ICE spokesman confirmed that immigration officials took Vargas as “an unlawfully present Argentinian citizen,” into custody  “during a targeted immigration enforcement action” after the agency verified that her DACA status had lapsed.

Now the hashtag #freedany is being  spread on social media as an immigrant rights group, United We Dream, are encouraging young  illegal  immigrants  to sign a petition to Department of Homeland Security Secretary John Kelly demanding Vargas’s release. Its introduction says,,

“ICE agents detained 22 year old Dany Vargas just hours after she courageously spoke about her fear of deportation at a press conference…Dany came to the U.S. when she was 7 years old and was a beneficiary of the DACA program. She is a manager at a small store and dreams of becoming a math teacher.

Like many beneficiaries of the DACA program, paying the nearly $500 in fees every two years was hard and her DACA status expired. However, she saved up, got the money together and her renewal application is now in the approval process. But because of this technicality, ICE tracked her down, and put her into the deportation pipeline.”

Please.

“ICE agents detained 22 year old Dany Vargas just hours after she courageously spoke about her fear of deportation at a press conference…”

The proper word is not “courageously.” Stupidly, defiantly, foolishly, disrespectfully, arrogantly—ask that state trooper for the right words. Flaunting the law in the faces of law enforcement is many things, but it is not courageous.

“She is a manager at a small store and dreams of becoming a math teacher.” Continue reading →