Brief Note: As I Suspected, The Democrats And Others Claiming The Attack That Killed General Qassim Soleimani Was Illegal And Had To Be Approved By Congress Didn’t Know What They Were Talking About…

I was wondering how an attack that took place in Iraq could be considered an “act of war” against Iran–were you? As it turned out, that little detail is indeed significant.

David French, the respected attorney, author and analyst who writes for the National Review, is often referred to as a “NeverTrumper.” He is capable of objectivity, however, and on this matter, registered a useful and definitive explanation that shows how incompetent the critics of the administration’s actions are. He wrote yesterday,

There’s much to say about the potential strategic benefits (and perils) of tonight’s decision, but make no mistake, separate congressional authorization was not necessary. This was not a separate act of war in the constitutional sense….It’s very important that Suleimani was killed in Iraq. Why? Because American troops are lawfully in Iraq — there by congressional authorization and with the permission of the Iraqi government. Moreover, they have a right of self-defense.

And don’t forget, they were reintroduced to Iraq by the Obama administration. The present military operations are a continuation of military operations initiated by President Obama. This is Obama’s deployment as much as Trump’s. It was proper then, and it is proper now. Iranian-backed militias attacked U.S. troops lawfully present in a combat zone under valid legal authorities. Moreover, America’s military response isn’t limited to immediate self-defense or tit for tat. It can act to remove the threat. That threat includes enemy commanders.

The true “act of war” was thus Iran’s — by putting one of its commanders, boots on the ground, in Iraq to assist in planning and directing attacks on U.S. forces. America is entitled to respond to that threat.

Suleimani was an evil, evil man. There is much American blood on his hands. And he was killed lawfully, in a properly constitutionally-authorized conflict. There is much risk and peril to come, but Trump’s action was constitutionally legitimate, and that matters. A lot.

I have seen no rebuttal to French’s analysis, and I doubt there is a valid one. It is disturbing, but far from surprising, that so many of our elected representatives would condemn the action with out thinking through (or having someone competent think through) the legal issues.

After another string of messages on Twitter, French concluded,

Bottom line — the Trump administration has taken a bold, justifiable action against Iran. But the next steps are vital, requiring strategic vision and tactical agility. I feel real joy at Suleimani’s demise. I feel real concern about what comes next.

That is certainly fair and reasonable as well. But then, David French is not deranged.

__________________________

Pointer: Red State

Twitter link (for posting on Facebook): https://twitter.com/CaptCompliance/status/1213243748290826246

“Unethical” Is Too Mild To Describe Elizabeth Warren, And “Gullible” Is Too Nice To Describe Her Supporters

Above is what Massachusetts Senator Elizabeth Warren, who presumes to tell us that she is qualified to be President of the United States,  tweeted to her followers last week. This deliberate and disgraceful lie could be presented on Ethics Alarms as evidence that Warren is an Ethics Dunce. It would easily qualify as an Unethical Quote of the Week (Month…Year…). It is fully qualified as an Unethical Tweet of the Week, in a category that is becoming increasingly contested. None of these, however, quite capture the miserable, cynical, disgusting nature of Warren’s statement. Continue reading

Afternoon Ethics Jolt, 8/1/2018: When You Cross Fake News, Dishonest Journalism, Anti-Gun Hysteria, Ignorance And “The Resistance,” What Do You Get?

 A new freakout!

…and dumber than most, too. U.S. District Judge Robert Lasnik of Seattle issued a temporary restraining order that blocks the Trump administration from refusing to try to block publication of blueprints to produce guns from 3D printers. Eight states and Washington, D.C. had sought the order.  A company called Defense Distributed planned to publish the blueprints after the U.S. State Department agreed to settle a suit filed by the company in an agreement made public on July 10. The suit had claimed the State Department violated the First Amendment by warning in 2013 that publication of the blueprints violated export controls and could lead to a jail sentence for the company CEO,  Cody Wilson.

It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration.  Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.

Never mind, though. The story sparked a perfect storm of fake news, fear-mongering and incompetent journalism. The Times, among others, called the blueprints a “downloadable gun.” There is no such thing as a downloadable gun. You have a gun when you download a blueprint for a gun just like you have a house when you download a blueprint for a house. That term isn’t short-hand, it’s wrong: misleading, inaccurate, and really, really stupid.  Other sources blamed President Trump and his administration for the fact that 3-D printer plans for guns were available. They have been available for years. Here are some downloads in case YOU want to have the plans for weapons that you will only be able to make if you happen to have some very expensive equipment. Continue reading

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading

Ethics Dunces: Jeremy Lam And The Cultural Appropriation Police

Utah high school student Keziah Daum posted a picture of herself looking lovely in a prom dress, and thanks to the warped values and cracked ethics of a young social justice warrior tweeter named Jeremy Lam, was set upon by the social media Furies.

Here is the tweet:

The tweet received 179 THOUSAND likes, and was retweeted 60 thousand times. Yes, a young woman going to her high school prom was condemned by all those strangers for liking and wearing an Asian-themed dress.

I don’t know what broken-chromosome mutation of progressive thought creates Americans like Jeremy—who is living in our culture, which is an amalgam of all cultures, but better—but the fact that he could attract such support with his divisive, segregated version of what our society should be is one more sign that the hard-Left is getting more anti-American by the hour. David French nicely puts this episode in perspective:

“Just so we’re clear, the radical progressive position is (1) America’s borders should be flung wide open to people from every culture in the world; (2) when American white people encounter people from those hundreds of different cultures, they need to stay in their lane; and (3) white people staying as white as possible will help our nation totally unify and diversity will be our strength.”

That’s about right. Kaziah Daum is the victim of racism here. Reasonably for someone unfairly thrust into the culture wars without justification or warning, she responded that she wasn’t trying to upset anyone; she just thought it was a pretty dress. The rest of  us, French suggests, need to be more assertive: Continue reading

Let’s See If MSNBC Has The Integrity To Fire Joy Reid…Because, You Know, It Should

“Yippee! There go all them Democrats and minorities!”

(I didn’t mean for this to turn into Our News Media Stinks Day, I really didn’t. But our news media stinks…)

People keep asking how the mainstream news media can back away from the abyss, stop being an enemy of the American people a true profession is duty bound to serve, and start re-instituting professional standards into the rotting, putrid news business. Firing reporters, pundits and anchors who fail to meet minimum levels of objectivity, honesty, independence and competence would be an excellent start. These partisan hacks behave as they do because they know they can get away with it.

Take, for example, MSNBC’s Joy Reid and this  episode of runaway journalism bias and incompetence cascade.

The National Review’s David French wrote an essay about the possible outcome of a nuclear strike on an American city, as a response to the false alarm in Hawaii. He’s a military veteran and a substantive commentator; I usually admire his work more than this piece. I see what he was trying to do, but “a nuclear strike isn’t as bad as people think” just isn’t a position worth taking, in my view.

Well, as I know as well as anybody, they all can be gems. [Update: French criticized the article as well, saying, “On re-reading it, I’m slightly embarrassed. The post is so basic and simple that it barely scratches the surface of decent prepping. As something of an amateur prepper, I have thousands more words I could unleash. But this wasn’t a magazine piece. It was a blog post.”]

Here is part of what he wrote in the original article, titled, “If a Missile Alert Sounds, Prepare to Live”:

The bottom line, even if a nuclear weapon as big as the largest North Korea has ever tested were to impact squarely on Manhattan, the vast majority of New Yorkers would survive the initial blast. A strike would devastate central Honolulu but leave many suburbs intact. If the missile misses a city center even by a small amount, the number of initial casualties plunges dramatically.

Only a rabid partisan attack dog could read French’s exhortation to  survive rather than surrender to panic in an emergency as an ideological or even a conservative piece. Newsweek, however, which has devolved into the scum on the sides of the bottom of the journalism barrel, described the article with this headline:

“NUCLEAR WAR? IT WON’T GET YOU IN THE SUBURBS, CONSERVATIVE MAGAZINE TELLS READERS”

Divisive, misleading, unfair, and inflammatory. Then, to make its smear explicit, Newsweek wrote this:

Amid heightened tensions with nuclear armed North Korea a conservative magazine is telling its readers not to worry about a potential nuclear strike because they live in America’s suburbs and countryside. An article published Monday in the National Review reassures readers that nuclear war—and North Korea’s arsenal—shouldn’t cause them concern because a nuclear strike will mostly vaporize those in major cities while suburbanites will come out largely unscathed….

During the 2016 election, Trump won 50 percent of the vote in suburban America and 62 percent of the vote in small cities and rural areas compared to Hillary Clinton’s 45 and 34 percent performance in the regions. Conservatives tend to prefer small towns and rural areas, according to a 2014 Pew Research Center study, with 46 percent of liberals preferring city life compared to just 4 percent of conservatives who said the same.

Nice. Continue reading

Ethical Quote Of The Month: David French

“For more than a year, I’ve been challenging conservative readers to look at Trump’s actions and imagine how they’d react if Democrats were behaving the same way — to apply the same standards to their team that they’d apply to their opponents. Now, I want to challenge my progressive readers: Consider how you would respond to the federal bureaucracy with the opposite ideological imbalance. Would you have confidence that it would apply the law and Constitution fairly? Would you be alarmed if you found that a senior FBI agent so biased and reckless was playing a key role in the investigation of a Democratic president?”

——National Review writer David French, in his article, “Peter Strzok’s story will hurt public trust in the federal government at the worst possible time.”

The Strzok story, an embarrassment to the Special Counsel’s inquiry, is just one more that the mainstream media has, in sequence, tried to ignore, spin, bury, and brush off as a “conservative” obsession.  French is a credentialed “Never-Trumper,”{ but he knows an appearance of impropriety, poor oversight and conflicts of interest when he sees them:

…Robert Mueller had months ago asked a senior FBI agent to step down from his role investigating the Trump administration. [He] was caught in an extramarital affair with an FBI lawyer. The affair itself was problematic, but so was the fact that the two were found to have exchanged anti-Trump, pro-Hillary Clinton text messages….

…This agent, Peter Strzok, also worked with FBI director James Comey on the Clinton email investigation. In fact, he was so deeply involved in the Clinton investigation that he is said to have interviewed Cheryl Mills and Huma Abedin, and to have been present when the FBI interviewed Clinton. According to CNN, he was part of the team responsible for altering the FBI’s conclusion that Clinton was “grossly negligent” in handling classified emails (a finding that could have triggered criminal liability) to “extremely careless” — a determination that allowed her to escape prosecution entirely. After the Clinton investigation concluded, Strzok signed the documents opening the investigation into Russian election interference and actually helped interview former national-security adviser Michael Flynn. In other words, it looks like a low-integrity, reckless, biased bureaucrat has played an important role in two of the most important and politically charged criminal investigations of the new century. Yes, it’s good that Mueller removed Strzok when he discovered the text messages. No, Strzok is not solely responsible for the conclusions reached in either investigation. But his mere presence hurts public confidence in the FBI, and it does so in a way that further illustrates a persistent and enduring national problem: America’s permanent bureaucracy is unacceptably partisan.

…It is to Robert Mueller’s credit that he took swift action against Strzok. It’s a problem that, as the Wall Street Journal observes, he “kept this information from House investigators.” For a critical mass of the public to have confidence in Mueller’s investigation, it must be as transparent and accountable as humanly possible. A proper investigation into Russian interference in our election is vital to the health of our democracy. A biased and opaque probe, however, will do far more harm than good.

French is bending over backwards to be fair, but he goes so far he may snap. Mueller must know his team, and he must understand, or one would think he would, that if he finds anything that justifies action against the President of the United States, it is essential that there be no hint of bias or partisan conflicts. How could he allow someone like this to play a key role in his investigation? The Wall Street Journal asked,quite reasonably,

Special Counsel Robert Mueller’s team is emphasizing its ejection of FBI agent Peter Strzok immediately upon learning about anti-Trump texts he exchanged with another FBI employee, Lisa Page, before the 2016 election. But when did the FBI learn of the messages? …[W]hen did the FBI dig up and turn over that very first tranche? How long has the bureau known one of its lead investigators was exhibiting such bias? Was it before Mr. Mueller was even appointed? Did FBI leaders sit by as the special counsel tapped Mr. Strzok? In any case, we know from the letter that the inspector general informed both Messrs. Rosenstein and Mueller of the texts on July 27, and that both men hid that explosive information from Congress for four months. The Justice Department, pleading secrecy, defied subpoenas that would have produced the texts. It refused to make Mr. Strzok available for an interview. It didn’t do all this out of fear of hurting national security, obviously. It did it to save itself and the FBI from embarrassment.

Yet when the President made some derogatory tweets about the FBI, the news media as one treated it as if he were committing blasphemy. The tweet, as usual, were foolish and unprofessional. Trump was wrong to send them, as usual, but I don’t see how anyone can argue that the substance of what he wrote is wrong. Continue reading

The Michelle Carter Verdict

Michelle Carter’s 18-year-old boyfriend, Conrad Roy III, had told her that he has been considering suicide. First, she told him to seek counseling, then  she changed course, texting him to go through with it. “The time is right and you’re ready, you just need to do it!” she wrote.  “You can’t keep living this way. You just need to do it like you did last time and not think about it and just do it babe.”

Later, she texted to Roy that his family accept his death, and that he would enjoy the afterlife. “Everyone will be sad for a while but they will get over it and move on. They won’t be in depression. I won’t let that happen. They know how sad you are, and they know that you are doing this to be happy and I think they will understand and accept it. They will always carry you in their hearts,” she texted.

“You are my beautiful guardian angel forever and ever. I’ll always smile up at you knowing that you aren’t far away.”

A week before the suicide, encouraging her boyfriend to be more diligent as he searched for the supplies he needed and then going through with his plan in these exchanges:

“Do you have the generator?”

“Not yet LOL,”

“WELL WHEN ARE YOU GETTING IT?”

“Now.”

“You can’t think about it. You just have to do it. You said you were gonna do it. Like I don’t get why you aren’t”

“I don’t get it either. I don’t know”

“So I guess you aren’t gonna do it then All that for nothing. I’m just confused. Like you were so ready and determined.”

“I am gonna eventually. I really don’t know what I’m waiting for but I have everything lined up”

“No, you’re not, Conrad. Last night was it. You keep pushing it off and you say you’ll do it, but you never do. It’s always gonna be that way if you don’t take action”

 “You better not be bullshitting me and saying you gonna do this and then purposely get caught.”

“No, none of that.”

On July 12, 2014, Conrad drove to a Kmart parking lot and connected his truck to a pump that released carbon monoxide. When he lost his nerve and got out of the truck, his girl friend texted him  to “get back in.”  She never alerted any authorities to stop the suicide attempt. The young man was found dead in his truck.

Yesterday, Judge Lawrence Moniz, of Bristol County Juvenile Court in southeastern Massachusetts, ruled that Ms. Carter, just seventeen at the time of her crime, committed involuntary manslaughter by urging Roy to kill himself. Continue reading

Katie Couric And The Anti-Gun Documentary: Not Just Vanishing Journalism Ethics, But Vanishing Consensus That Journalism Has Any Obligation To Be Ethical

Just in time for the Presidential campaign, old friend Katie Couric has been kind enough to remind us just how little we can trust journalists, how arrogant they are regarding their unethical methods, and how the profession that is supposed to protect democracy is now a threat to it.

Having failed in her effort to be a network news anchor and a talk-show host, the former “Today Show” star  is now biding her time at Yahoo News waiting for a comeback opportunity. She served as executive producer and narrator of “Under the Gun,” an anti-gun documentary written, produced, and directed by anti-gun activist Stephanie Soechtig. In one powerful scene (above) , Couric is seen asking members of the Virginia Citizens Defense League, gun rights supporters all, “If there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun?” The pro-gun members of the group with the motto “Defending Your Right to Defend Yourself”can’t answer the question! The documentary shows blank stares and a damning, awkward, 9 second period of total silence.

Fortunately, one of the gun owners in the sequence, VCDL President Philip Van Cleave, recorded the actual event before it was edited to make gun owners look like mutes. There was no pause. The members offered several answers. They were omitted from the documentary, with a pause inserted instead to bolster an anti-gun agenda.

Couric was aware of the deceptive editing, apparently questioned it, but allowed it to remain in the documentary. This is signature significance: no ethical journalist—if there even is such a thing any more—does this, ever, even once. While various media reporters on the left have expressed their disapproval, they have also muted their criticism to try to minimize the damage to their own profession. Here is NPR’s David Folkenflik, for example:

This manipulation — and that’s what it was — would not pass muster at NPR under its principles for fairness in handling interviews. It should be noted that documentaries operate with a different ethos than straight news. “Under the Gun” has a take, strongly suggesting there is a quiet consensus in favor of background checks among gun owners, aside from gun rights advocacy groups. This is not deception on a grand scale, but this handling of the interviews with the Virginia gun owners group is clearly unfair and unwarranted. People deserve to recognize themselves in how they appear in interviews.

Spin. It’s not “manipulation.” Its lying. It is presenting false information, not “manipulated” information. The film affirmatively represented that the response to a question was dumbfounded silence. That is as much a lie as recording fake answers like “Duh, well dang me, I never thought of that! I guess them background checks ain’t such a bad idea after all!” and dubbing them in. Lying isn’t just “unfair;” lying is dishonest and sinister. Continue reading

Ethics Observations On The Spring Valley High School Arrest

1. After a 48 hour review, Ben Fields, the school resource officer who was caught on camera violently flipping the desk of a disruptive South Carolina high school student, was fired for violating police department policy. Naturally, he and his lawyer claim otherwise, but that’s just posturing for the inevitable union challenge. He had to be fired for many reasons, including terrible optics and bad judgment. The worst of the defenses offered for his conduct was that the girl, treated like a professional wrestler by the much larger male officer, wasn’t injured. If true, that was pure moral luck: from the violent nature of the arrest, it is a miracle he didn’t break her neck. (The student’s lawyer claims that her arm is broken, among other injuries.)

2. The news media immediately declared this a racial incident. The New York Times, for example, began a report like this:

A white sheriff’s deputy in South Carolina was fired Wednesday after county officials concluded he had acted improperly when, in a videotaped confrontation, he dragged and then threw a female African-American student across a high school classroom this week.

I can find no evidence that race had anything to do with this incident, unless one accepts the Black Lives Matter assertion that the colors of participants in black-white confrontations prove that the white individual is a racist and the black individual is a helpless victim who has no racial biases whatsoever. Continue reading