Obamacare Game Plan: The Lies Worked, Now On To Deceit

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As President Obama was in the midst of his unseemly, unwise and typically unleaderlike victory lap over the Obamacare sign-up figures, Tonight Show comic Jimmy Fallon had the cheek to point out that it’s amazing how many people will sign up for something when the law says they have to. (In a slightly different version of the same point, Daily Standard editor Bill Kristol said on ABC today that this is like  saying, “…you’ve got to give the Soviet Union a lot of credit. 200 million people bought bread in their grocery stores. If it’s the only place you can buy health insurance, they’re going to get people to buy health insurance there.”)

Yes, that would be an example of the near constant spin and deception that the President and Democrats have been relentlessly throwing at the American public regarding the “success” of the Affordable Care Act.

The way I would put it, as indeed I did when I was shouting at the TV screen during the President’s statement in the wake of the final totals on March 31, is that how many people sign up for the Affordable Care Act doesn’t make the law successful. Whether the law accomplishes its goals at an acceptable cost will determine if the law is successful. Whether the government proves to be capable—as all evidence to date suggests it isn’t—of administering such a complex and wide-reaching law will determine if it’s successful. Most of all, the fact that the law almost certainly can’t be repealed now doesn’t make the Affordable Care Act a success, and any politician who thinks that way should be despised and distrusted.

No law should ever be beyond the possibility of rejection or repeal, if it becomes obvious that it was poorly conceived or that another approach would be better. I understand that’s not the way our busted system currently “works,” as horrible, expensive, corrupt, unworkable and wrongful laws routinely become imbedded in bureaucratic cement, and that the last large scale law to be repealed was probably Prohibition. This forward-ratcheting effect is one of the factors that makes our growing debt so frightening, as our leaders lack both the will and the means to stop anything, no matter how ill-considered, once it has a budget and a lobby. But for any national leader, especially the President, to celebrate this dangerous and dysfunctional feature of American lawmaking is profoundly disturbing, and demonstrates a preference for political warfare over governing. (This is perhaps, understandable in Obama’s case, as he is adept at the former and hopelessly inept at the latter.)

The goal, may I remind all participants, is to come up with policies that are good for the nation, not to “win” by inflicting laws that the other side can never remove. “HA! We won! Now you’ll never be able to repeal the lousy law we rammed down the country’s throat!” (of course, I’m paraphrasing) is unseemly, and shows toxic and unethical priorities .

Whether the verdict on the ACA law is ultimately positive or not—and despite what the pols say, the jury is obviously still out—it should never be forgotten or forgiven that its path has been paved with lies. Yet another one came to light this week. Leading up to March 31, press releases, tweets and blog posts from the Administration emphasized that the last day in March was the final opportunity to get health insurance in 2014, as in this White House blog post on the so-called “deadline”:

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The “Too Handsome To Rape” Defense

Sharper, Mathis, Ted Bundy.

Sharper, Mathis, Ted Bundy.

For whatever reason, there have been a lot of attacks on the legal profession lately—and some from within the legal profession—because of so-called “disgusting” and “frivolous” arguments by lawyers who are zealously representing their clients. These range from outrage over the so-called “affluenza” defense (which, it apparently does no good to point out, was explicitly rejected by the judge in that case), to the law suit against the Glendale, California memorial to women forced into sexual slavery by the Japanese in World War II, to the argument that Red Sox broadcaster Jerry Remy was complicit in his son’s allegedly murdering his girlfriend because Remy hired a lawyer who mounted a vigorous defense in the son’s earlier domestic abuse arrests.

Lawyers are ethically obligated to advance whatever non-frivolous arguments and theories that are most likely to achieve their clients’ objectives, whether it is avoiding prison or rationalizing the crimes of the Japanese army. That is their job and societal function, and it is essential to our avoiding a jack-boot system where any of us could be thrown in jail by popular opinion or government edict. The laws are there to be used by every citizen, even when the citizen’s objectives are unethical, or when the citizen is a cur.

Our rights are all protected well by this principle, and it’s high time we stopped bitching about it.

Undeterred by this, however, yet another defense attorney is being savaged in the news media and blogosphere, as well as by women’s rights advocates, for making an argument in defense of his client that they find offensive. In Georgia, Darriuos Mathis and his legal team are making the argument, among their efforts to show that the evidence against him is not sufficiently conclusive, that Mathis is too attractive--fit, handsome, sexy– to have to resort to kidnapping and raping a 24-year-old woman two years ago, which is what he charged with.

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The Loathsome Ed Schultz

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It is not the first time, but MSNBC’s ugliest Angry Left spokesman just completed a cycle of conduct demonstrating beyond a shadow of a doubt that he is deceptive, dishonest, cowardly, and incompetent—in short, loathsome. This is Ed Schultz, the most unethical of the stable of unethical anchors and commentators intentionally assembled by MSNBC—you could not possible get such an awful group by accident—for reasons best known to its chief, Phil Griffin. Having left-leaning views doesn’t make one loathsome by itself (no matter what Mark Levin says), but I do wonder what to make of fans of the likes of Martin Bashir, Keith Olbermann, Alec Baldwin  (all of whom became so openly loathsome that even MSNBC had to jettison them), Melissa Harris-Perry, Chris Matthews, Lawrence O’Donnell, Al Sharpton and especially Schultz. A viewer admiring an unambiguous jerk on the level of Ed Schultz because he applies his jerk-ness in support of the viewer’s favorite ideology is itself a strong indication of flawed character. In the matter of unethical pundits, it doesn’t take one to know one, but it takes one to tolerate one. If a job applicant tells me she’s never misses the Ed Show, I’m not trusting her with the combination to the safe, I’ll promise you that.

Ed’s moment of self-revelation came as a result of some nakedly partisan Obamacare cheerleading in December. Ed then crowed,

“I’m going to make a prediction tonight. It`s going to hit 5 million by March 1st. That’s right. Five million people signed up by March 1st. Get your tapes rolling at home, folks, because it’s going to be a big “I told you so.”

Well, Ed was wrong, and did not get his “big ‘I told you so.'” But because the man has the maturity of an 11-year-old and the integrity of Newt Gingrich, he couldn’t level with his audience about the fact that his prognostication didn’t pan out. When his March 1st deadline came and went, Ed got into Mr. Peabody’s Wayback Machine and changed the past, saying on March 12 as the sign-ups languished well short of his prediction:

“Well, I predicted five million people are going to sign up by the end of this month. We`re closing on it on that number.”

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Legal Ethics Quiz: The Bean Bag Tossing Defense Lawyer

" I swear, you can do this in court. I saw it on "Ally McBeal"...

” I swear, you can do this in court. I saw it on “Ally McBeal”…

Holy crap! Here is a courtroom stunt you don’t see everyday…or ever.

The dramatic bribery trial of Rhode Island defense lawyer Donna Uhlmann and co-defendant Jamaal Dublin took a hard left turn into “Boston Legal” territory and beyond with the, well, creative closing argument of Dublin’s lawyer, Christopher T. Millea. It was so creative, he was nearly held in contempt of court.

“You see, all of this has to do with the throwing of feces,” said Millea, cleverly reminding the jury of the bizarre conduct of a key state witness who once threw his own excrement at a prison guard.  “The state wants to throw as much against the wall to see what sticks, just like Michael Drepaul throwing his feces …”

With that introduction, Millea took two bean bags out of a box he had placed in front of the jury, and threw them at the courtroom door. Then he retrieved the turd stand-ins and placed them in another box near the door, and placed that box next to the one in front of the jury, which, it was later discovered, read “Reasonable doubt,” though only the jury could see the words. The first box was labelled, “State’s case.” Continue reading

And The Trayvon Martin-George Zimmerman Ethics Train Wreck Rolls On…Apparently Forever

It may be a train wreck, but if you're a liberal race-baiter, it's such a darned comfy one...

It may be a train wreck, but if you’re a liberal race-baiter, it’s such a darned comfy one…

The Michael Dunn trial ended without a verdict on the first degree murder charge, and the news media just couldn’t help themselves. Although the facts of two cases have virtually nothing in common, various prominent media figures could not resist connecting it to the Trayvon Martin killing and George Zimmerman’s trial, thus compounding the damage they have already inflicted on the public’s understanding of law, race, and ethics.

Other events spurred them on as well. There was the George Zimmerman interview in which he described himself as a victim, and this set some people off. Zimmerman is a victim—a victim of being made the race-conflict advocate’s poster boy for profiling villainy and bigotry when there are absolutely no facts that support such a characterization. He’s just not the dead victim in his tragic episode. Nor is the status of irresponsible, gun-toting fool necessarily incompatable with the status of victim in his case, but such nuances are beyond the comprehension of many among us, especially the many with press credentials.

Then the Providence College Black Studies Program announced that it would continue to give out an annual award called the Trayvon Martin Award for Social Justice, intended to honor those who have shown leadership and commitment to ”challenging and eliminating racism” and “empowering others to seek social justice.” The inexcusable implication of the award is that Trayvon Martin was the victim of racism, and that Zimmerman’s acquittal was social injustice, when in fact it was the epitome of the justice system working well. The program established the award in 2012, before Zimmerman had been tried or permitted to mount a defense in court, so this was no surprise. In fairness, the award needs to be renamed the Trayvon Martin “Our Minds Are Made Up So Don’t Confuse Us With Facts” Award. But then, fairness is not what the enshriners of this false but convenient narrative care about.

This morning,  CNN’s  over-opinionated morning news co-anchor Chris Cuomo (I’ll bet you he runs for office as a Democrat within five years or less) was showing part of his taped interview with Dunn prosecutor Angela Corey. I admit that it was fun watching Corey squirm under Cuomo’s biased and misleading questioning regarding the Martin and Dunn trials; she contributed greatly, after all, to the rush to judgment and trial-by-publicity in the Zimmerman case. Still, Corey tried to make a valid point to Cuomo (whose partner, Kate Bolduan, increasingly sits compliantly and submissively in silence while Cuomo takes over the broadcast and crosses lines of journalistic objectivity left and right): by focusing on a few high-profile cases, media coverage distorts the public’s perception of Florida’s stand-your-ground law as well as the justice African-Americans, victims as well as those accused of crimes, receive in the courts.

Cuomo proceeded to prove Corey correct. First he falsely described the Martin case, describing it as an instance of a young black man, minding his own business, getting into a confrontation, who “wins a fight, essentially”–these were Cuomo’s exact words—gets killed for it, and his killer goes free. This would be unforgivable from a guy in a bar; it is outrageous from a news anchor. If Martin had been shot by Zimmerman after the fight had ended, as Cuomo’s false description suggests, then he would have been guilty of murder beyond question. The evidence presented at trial indicated that Zimmerman shot Martin while he was losing a fight, and when he had no way of knowing how victorious the man on top of him intended to be. That created sufficient evidence of self- defense to win Zimmerman an acquittal. Cuomo was spreading false information to fit a politically motivated false narrative. Continue reading

The Republican Pattern Of Deceitful Tactics: Can This Party Be Trusted? No.

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I owe an apology to Michael Steele, the ethically clueless, dim-bulb predecessor to Reince Priebus as Chairman of the Republican National Committee. Still nauseous from Steele’s despicable 2010 fake census mailing fundraising scam, I referred to Priebus era deceptions like employing misleading editing of excerpts from Solicitor General Donald Verrilli’s defense of the Affordable Care Act before the Supreme Court, and sending out solicitations for donations that look like overdue bill notices as examples of “the Curse of Michael Steele.”  I’m beginning to think, however, that Steele wasn’t the problem, and that it was he who was infected by the unethical instincts of the GOP, rather than the other way around.

The Tampa Bay Times recently reported on the experience of citizen Ray Bellamy, who wanted to make a political contribution to Alex Sink, a Democrat running for Congress in Florida.  A Google located “http://contribute.sinkforcongress2014.com,” and sure enough, there was a large photo of Sink and the trappings of a campaign site. Assuming he was at the correct destination and without reading the text, Bellamy clicked on a button at the bottom of the page, sending $250 to Sink’s campaign, or so he thought. But the button was under the words, “Make a contribution today to help defeat Alex Sink and candidates like her,” which Bellamy also didn’t read. He felt he had been tricked. He had. Continue reading

NFL Commissioner Roger Goodell’s Super Bowl Deception

"Well, I may not remember any of it, but the Commissioner says I'll life a long life..."

“Well, I may not remember any of it, but the Commissioner says I’ll live a long life…”

Today millions of Americans will gather around televisions, partying and cheering the spectacle of young men maiming and killing themselves for our entertainment pleasure during America’s most popular sporting event, the Super Bowl. An unknown but significant number of those athletes, we now know, are likely to be unable to recognize family members by the time they are 45, and several may take their own lives in despair.  Nonetheless, the official position of the National Football league is that all is well, and Commissioner Roger Goodell was touring the Sunday morning news shows to put out the propaganda claim that  pro football is good for everyone, even the players who accumulate concussions like the rest of us collect aggravation.

Presumably to appeal to the large proportion of the Super Bowl audience who know little about the sport, as well as the gullible fans who do, Goodell told Fox News Sunday host Chris Wallace (who, if he had the knowledge, wit and integrity,  should have stopped him and protested) in response to Wallace’s question about the NFL’s ongoing concussion scandal, that NFL players live longer and are on the whole healthier throughout their lives than the general population.

This is deception, and intentionally misleading.

Goodell is taking advantage of the fact that all the measures of the mortality of pro football players are flawed, which is why last year the NFL Players Union commissioned Harvard to do a 100 million dollar study of the health of ex-players and how to improve it.  The union claims that the average age of death of an ex-NFL player is 57 years, which would directly contradict Goodell’s claim.  This figure is supported by a 2011 study by the University of North Carolina, as well as insurance company actuarial statistics.

The figure, however, seems statistically unlikely.  Measuring the life expectancy of any group of adult men, even those engaged in risky behavior, will yield an average life expectancy that is better than the general population. Why? Because men in the general population die as infants, children, young adults, and before they would be old enough to play football. Thus the NFL and defenders of the brutal game continue to promote the 2012 study that found that NFL players outlive the general population. If accurate—and the players find the study difficult to believe, as do I—it can be argued that this study is also flawed. It compares apples—strong, affluent, college educated upper-middle class men—to oranges–everyone else, including the poor, unemployed, uneducated and poorly nourished. Attempting to get around this problem, one blogger compared the deaths of NFL players to other celebrities whose death notices were prominently published. His conclusion: there was no denying the fact that pro football players appeared to die sooner that non-football players from the same general class, but there was no justification to believethe mid-fifties mortality figure.

So do we know how much playing pro football lowers life expectancy, or even if it does? No….and neither does Roger Goodell. The studies are in conflict. However, we do know that a disproportionate number of the players who may live well into their golden years will do so unable to think clearly, remember their children’s names, or care for themselves, because they accepted big paychecks to allow their brains to be permanently bruised and catastrophically damaged. I don’t call that living or being healthy, and Goodell shouldn’t pretend that it is, or cite as fact what is a disputed contention at best.

Playing pro football isn’t good for you, and if the studies ultimately prove that ex-NFL players are really likely continue breathing as long as the rest of us despite their brain injuries, that just helps us understand why they have been killing themselves.

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Sources: CP24, Boston.com, Lotsa ‘Splaining, USA Today, Forbes

The State Of The Union Deceptions

Pinocchio_Disney

Washington Post Factchecker Glenn Kessler has become increasingly non-partisan in his assessment of political decsption since the sheen fell off of Barack Obama. He’s not there yet, but increasingly Kessler has refused to pull his punches regarding the President’s habitual dissembling. Although he did not give out any of his trademark “Pinocchios” for the biggest whoppers in Tuesday’s State of the Union message (ah, for the days when a blunt President Ford had the integrity to  say, “The State of the Union is not good!”) because, well, he just doesn’t on the State of the Union, okay?—Kessler did point out six significant examples of deceit, dishonesty, or misrepresentation:

 I.   “The more than eight million new jobs our businesses have created over the past four years.” Continue reading

Law vs. Ethics, The Cynical “War on Women,” And Stacking The Deck for Hillary

Let me begin by reprinting, in its entirety, a post from the earliest days of Ethics Alarms, one then titled, The Difference Between Law and Ethics:

In the instructive category of “Lawsuits that demonstrate the distinction between law and ethics,” we have the Massachusetts case of Conley v. Romeri.

Ms. Conley met Mr. Romeri when they were both in their 40s and divorced. As romance beckoned, Ms. Conley told her swain that she was childless, and wanted to begin a family before her biological clock struck midnight. The defendant, who had sired four children already, told her “not to worry.” He had seen a fortune-teller who had predicted that he would increase his number of children from four to six.

That held Ms. Conley for seven months. Then he told her that he had been vasectomized years ago.

Ms. Conley sued the bastard, claiming that her now ex-boyfriend had fraudulently misled her into believing he could father little Conleys in order to prolong the relationship, and that his actions had thrown her into emotional distress and depression.

Let us pause here and say that Mr. Romeri is a cur. Knowing that Ms. Conley was desperate for children and running out of time, he nonetheless deceived her for his own purposes, costing her perhaps her only chance to have the family she desired. For the fans of Bill Clinton out there, he was also clearly adept at Clintonesque deceit: he said “don’t worry” about having children, not that he was capable of creating them; he said a fortune- teller has assured him that he would have more kids, but never said her prediction was plausible. Mr. Romeri, like millions of deceitful people before him, probably doesn’t think he really lied. But of course he did.

The Massachusetts Appeals Court, however, found that while Mr. Romeri may have behaved abominably, it was not the place of the law to punish him.

Such claims, the judges said,

“…arise from conduct so intensely private that the courts should not be asked to resolve them….It does not lie within the power of any judicial system to remedy all human wrongs. Many wrongs which in themselves are flagrant–ingratitude, avarice, broken faith, brutal words and heartless disregard–are beyond any effective remedy.”

Our hearts go out to Ms. Conley. But the law will never succeed in making people be honest, caring, and fair. Only we can do that by creating a society in which boys grow to manhood knowing that behavior like Mr. Romeri’s is wrong, and at the same time, a society where women take responsibility for their own welfare, without seeking government remedies for every challenge.

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Reading this post again, and watching the (I think) overtly cynical and political effort by Democrats and the Obama Administration to increase the weight of the already heavy hand of the law in matters involving problems that are unique to or that disproportionately affect women, I think the importance of Conley v. Romeri extends beyond the original reason I posted it. Among other things, the case stands for the proposition that the government need not and should not treat women as if they are helpless against adversity, and must be accorded special privileges and protection Continue reading

Virginia’s McDonnells, Masters Of Rationalization

Former_Governor_Indicted

The only question regarding the multiple count federal corruption indictment of Virginia’s most recent ex-Governor Bob McDonnell (R) and his wife is whether or not the relevant laws are so porous that they can’t be convicted on the evidence. Did they use McDonnell’s high office for personal enrichment? Yes. Did they go to great lengths to disguise the fact? Yes. Did the Governor betray the public trust? Yes. Were the gifts, loans and cash, totaling at least $165,000, received from a dietary supplements company CEO essentially bribes? Of course they were. This is another excellent example of why the admonition that the accused are innocent until proven guilty is often technical rather than true. Based on irrefutable facts, the Virginia’s former First Couple is guilty as hell—of dishonesty, greed, corruption, obstruction of justice, bribery, betrayal of trust, the appearance of impropriety and outrageously unethical conduct. They just may not have broken any of the laws regulating those actions.

The legal case will ultimately rest on whether there was a specific, provable quid pro quo, which is to say, were the gifts and loans from Jonnie Williams Sr., former CEO of Star Scientific, expressly made in exchange for the governor’s assistance in helping his company in the state? Williams, who has made a deal, will testify that this was his understanding; why else would he allow himself to be used as a piggy bank by McDonnell and his wife? But in politics, as we all know, the myth is otherwise. Big companies give lawmakers big campaign contributions out of the goodness of their hearts and patriotic fervor, and it’s just a coincidence that those same lawmakers subsequently support laws that make those same companies millions, or block laws that would get in their way. It’s a coincidence! The Feds are going to have to show that what McDonnell did was significantly more sleazy than what virtually the entire population of Congress does by reflex, and also a clear violation of law. Continue reading