Comment Of The Day: “’Side hustle?’ SIDE HUSTLE?”

Let’s begin the new year with a Comment of the Day.

It’s appropriate.

One of the important things I have learned since beginning this blog in 2009—in addition to the apparent fact that trying to elaborate on the topic of blackface and dark make-up in the arts will get one’s blog banned on Facebook and there is literally nothing one can do about it—is that the commenters enrich, define, and advance the mission of the blog beyond anything I could have anticipated.

Pennagain’s comment on the topic of the so-called “gig economy” and California’s efforts to smother it is an excellent example. (One of the joys of any Pennagain COTD is that I know I won’t have to check for typos, since Pennagain regularly checks MY posts for typos…). Behold the Comment of Day on the post, “Side hustle?” SIDE HUSTLE?”:

I hardly know where to start. It’s the so called “gigs” that people learn most from. It’s those with the widest experience who can not only make the most of their job (main gig), whatever it turns out to be, but who will accommodate to change, go with the flow and roll with the punches, get a kick out of learning new things from different people, be comfortable experimenting with ideas and opinions.

Retirement – grandpa M. was 54 when he found, as the British put it so accurately, to be “redundant” to his own business when one of his sons took it over. He’d been good at his job, learning the trade from his father and practicing it in one form or another since he was a child, bringing his expertise (and, necessarily, a wife) to the New World at the turn of the century. He had never done anything else in his life. Building and running his business was his whole world, full of customers, many of whom had become close friends. The job kept him active, on his feet, reaching, stooping, sorting, lifting, dealing with salesmen and stock deliveries. He appraised and bargained, bought and sold. He had fierce competition that excited him, and he enjoyed every minute of it.

On the day he (was) retired, he sat down in a red plush chair in his living room and spent nearly every day for the rest of his life sitting there, having nothing else to do. No interests, no radio—no hobbies, no friends, not even any acquaintances. He’d never bothered to get to know his neighbors or attend any social functions at his house of worship. He had nothing in common with his family (the son who inherited the business never came to visit; too busy at work). The second-generation Americans who came religiously to visit, at least one group each weekend, didn’t speak either his original or his business language, nor he theirs.

He died just after his 55th birthday. In the red chair. Continue reading

Will The Democrats Really Let Someone As Obviously Addled As Joe Biden Be Their Nominee?

Doing so is per se irresponsible and incompetent.

Before someone tries to play “whataboutTrump” with me, I would remind him, her or it  that in 2016 I wrote that the Republicans had an obligation to refuse to nominate Donald Trump, having failed their obligation not to let him run in the primaries. I was right then, despite the fact that nominating Trump ended up well for the  party, and so far, on balance, for the country, especially when one considers what the Democrats have become. I’m also right about Biden now. If the Democrats expect to catch lightning in a shot glass like the GOP, they are taking a really reckless gamble.

Let’s look at what old Joe said just over the last few days…

  • During a December 29 campaign even in Peterborough, New Hampshire,  Biden completed an attendees question “If we don’t stop using fossil fuels…” with “We’re all dead!”

Now, what is that? Deliberate hyperbole? Outrageous fear-mongering?  Complete ignorance? Nobody has suggested that “we’re all dead” even under the most extreme projections of climate change doom. My guess is that Joe knows nothing about climate change, and that he’s just pandering to the substantial climate change nut-case component of the increasingly hysterical Democratic base. But he could be so stupid that he really believes this.

In addition to the undeniable fact that this is exactly the kind of statement that the mainstream media  pillories Donald Trump for even when it’s clear  s clear can be that he’s exaggerating, Biden’s over-the-top rhetoric feeds the rising Democratic drift toward totalitarianism. If we’re all going to die, then a dictatorship can be justified as a last resort. Continue reading

“Side hustle?” SIDE HUSTLE? 

Apparently Democrats think this is me

 “The Side Hustle is Increasingly a Fact of American Life” says the New York Times,  and progressives want to restrict them.  Of course, being a versatile guy who can do a lot of things people will pay to have done, I resent the “hustle” term, which makes me sound like “Seinfeld'”s Kramer with a law degree….and that, making what people like me do sound cheesy and even a little bit shady, is the idea. Legislators and Presidential candidates—guess which party!– have expressed great concerns about the so-called “gig economy,’ arguing that it is proof of  unhealthy capitalism.  (Amusingly, this is exactly what Elizabeth Warren did when she was litigating appeals while serving as a Harvard law professor, but that’s different.) The data does not support the latest argument for controlling your life and mine, however.

A recent poll of those who have more than one way of making money shows that 33% of them take on more than one paying job because they have to, while 48% so it because they want to.

Naturally, those who want to must be stifled for the greater good, and need to get with the program. California’s recently passed Assembly Bill 5 (AB5), set to take effect on January 1, 2020,  will make it illegal for contractors who reside in California to create more than 35 pieces of content in a year for a single company, unless the business hires them as an employee. Continue reading

From The Ethics Alarms Res Ipsa Loquitur Files: What Does The Public Learn From These Things? Can They Figure It Out Themselves?

[This is the successor to a completed post that WordPress, for some reason, deleted beyond recovery when I hit “publish” at about 6:30 am today, thus robbing me of 90 minutes of my life and nearly my sanity. My inclination was to let it stay in cyber-hell and forget the whole thing, especially since the viewership here has similarly vanished lately and I feel like I could be more productively catching up on my “Everybody loves Raymond” episodes, but that would be petulant.]

There are a lot of dots to connect, but it shouldn’t be hard for the unbiased and attentive. I know they are out there, even if the Democratic Party is certain they are not.

So here are the dots…Let’s begin with the attack against a group of Jews celebrating Hanukkah at a rabbi’s home in Monsey, New York over the weekend. Grafton Thomas used a machete-like blade, and stabbed five celebrants.

  • The attack, which officials said began after 10 p.m. this past Saturday, was the 13th anti-Semitic incident in three weeks in the state and the most recent in a string of violence targeting local Jewish communities in the region.

Earlier this month, four people were fatally shot in  an attack on a Jersey City kosher grocery store.

  • On Friday the 27th, the day before the Monsey attack, Tiffany Harris, like Thomas an African American, was arrested for  punching and cursing three Orthodox women awhile shouting, ‘Fuck you you, Jews.’

Harris then was released on her own recognizance, and a day later arrested for another attack.

  • NYC’s Democrat mayor Bill de Blasio immediately shifted blame and accountability to…well, guess.

You’re RIGHT! He told Fox News, “An atmosphere of hate has been developing in this country over the last few years. A lot of it is emanating from Washington and it’s having an effect on all of us.. Not just the President — I’m saying, but we have to be clear. We need a different tone starting in Washington.”

  • OK, let’s be clear. The members of “The Squad,” Rep. Tlaib, Rep. Omar, and Rep. Ocasio-Cortez, have been making anti-Jewish pronouncements since they were elected in 2018. Many member of the Congressional Black Caucus, including the recent co-chair of the Democratic National Committee, Keith Ellison, have had friendly ties with Nation of Islam Louis Farrakhan, who regularly refers to Jews as vermin. Maxine Waters has openly greeted Farrakhan with hugs. New York Democrat Thomas Lopez-Pierre’s campaign slogan was stopping “Greedy Jewish Landlords.” A  black Trenton, New Jersey City Council Chair used the phrase “Jew me down;” a black Jersey City School board member opined in the wake of the kosher market massacre that Jews for were at fault for living in that neighborhood. The “Women’s Marches,” “resistance” protests all, had the endorsement of Farrakhan, and at one of them speaker Tamika Mallory referred to him as the “Greatest of All Time.”

Writes Debby Hall on a pro-Israel site,

Demonization of Israel on the left has also contributed to whipping up the people who would ultimately commit these attacks. BDS, a movement calling for Israel’s destruction, is essentially letting people know that Jews have no right to self-determination and as a result, no right to live.

  •  New York Governor Andrew Cuomo released this boilerplate:

     Nice. Of course, that “zero-tolerance thingy was somewhat undercut by the  release of Tiffany Harris into the community. The Governor also has not been a practitioner of  inclusion and diversity himself, raising the question of what he means when he uses these words. For example, this year he said in part, “These extreme conservatives who are right-to-life, pro-assault-weapon, anti-gay…if that’s who they are and they’re the extreme conservatives, they have no place in the state of New York, because that’s not who New Yorkers are.” In a similar vein, Cuomo has said that those who do not support same-sex marriage don’t belong in his diverse, inclusive state.

Orthodox Jews do not support same sex marriage.

  • Finally, an NBC fact-checker tweeted,

This is, I repeat, a fact-checker. Rationalizations are not facts. From the Ethics Alarms list: 46. The Abuser’s License:  “It’s Complicated”…”The implication is that “yes, this looks bad, but if you knew all of the details, history and considerations, you would understand..If [an act] was unethical, it is important to say so, to make certain that nobody labors under the misconception that it was the right thing to do when they face similar decisions. “It’s complicated” is also lazy…. Complexity doesn’t relieve us of the responsibility of seeking the right approach to these matters. “It’s complicated” is an ethics cop-out.

After she was roundly condemned on Twitter, the fact-checker buried the fact of her own bias, taking down the tweet, making her account private, and finally taking down her account.

Observant Americans should be able to connect these dots, though the mainstream media and politicians, counting on the public’s own biases  and certain that they can fool all of the people all of the time, will try mightily to spin, obscure, bury and otherwise interfere with accurate perception.

___________________________

Sources: Victory Girls, Pittsburgh  Post-Gazette, PJ media, Twitchy, Libertarian Republic, Daily Wire, Washington Post, Israelycool

 

Verdict: Worst Candidates Debate Ever, Part III: “Oh, The Hypocrisy!”

OK, it’s not exactly on point, but this is my favorite meme, and I hadn’t used it this year….

The debate seems like old news now, I know, but I’m going to finish this ethics review if it kills me. There was valuable, if depressing, ethics revelations throughout.

A. No, really, the economy is terrible. Really. Trust us.

Let’s begin Part III with this exchange:

My question to you, Mr. Vice President, is what is your argument to the voter watching this debate tonight who may not like everything President Trump does but they really like this economy and they don’t know why they should make a change.

BIDEN: Well, I don’t think they really do like the economy. Go back and talk to the old neighborhoods and middle-class neighborhoods you grew up in. The middle class is getting killed. The middle class is getting crushed. And the working class has no way up as a consequence of that.

Well, which is it: is Biden lying here, or is he completely ignorant of what is going on?

The question is particularly timely now, after the Christmas season was a smash hit. So called “Super Saturday” had the most money spent by consumers ever. Amazon  had record-breaking holiday season drove its stock up 4.5% and helped lift the Nasdaq composite index above 9,000 for the first time ever. This doesn’t happen, Joe (Bernie, Liz) in an unpopular economy, and what’s not to like? Unemployment is the lowest it can go; wages are rising across the board. Black employment is up, jobs generally are up. It isn’t just the stock market. Obviously consumer confidence is high.

Do the Democrats really believe they can convince the public that the economy is bad by just lying over and over again, and saying it’s bad, like Biden did? Apparently. Buttigeig, Yang, Sanders, Steyer and Warren followed Biden claiming that the middle class—you know, all those people who spent that money on Christmas gifts, was “hollowed out” in Warren’s words. “[We should beat Trump] on the economy where he thinks he’s king and where, in fact, he’s a fraud and a failure,” said Steyer.

Because they know that good economies almost always re-elect Presidents, the Democratic candidates are adopting the Sanders-Warren, or Marx-Lenin, definition of what a “good economy” is. As Sanders keeps saying, the problem is income inequality: if there are people making a lot more than you, you should be miserable, and it’s time for a revolution.  This was the justification for Rep. Ocasio-Cortez saying last week that the U.S. was a fascist country. Her comments , noted John Daniel Davidon of the Federalist, were characteristic of what he called the Left’s “economic illiteracy” and their belief that some people don’t have money because others are simply hoarding wealth. He said,

“She complained about America not being an advanced society, because it doesn’t matter how much gold you amass, you know, if people aren’t taken care of. It was a perfect illustration of the the economic and historical illiteracy of the left. Nobody is amassing gold. GDP doesn’t stand for gold deposit pile. That’s not how the economy works…Wealthy Americans are investing [their money]. They are creating jobs. That is why wages are going up, that is why unemployment is down. That is how the real world works. These people are out to lunch on the stuff.”

And the candidates for President, based on their debate performance, desperately want to keep them “out to lunch” as well. Continue reading

Fevered Thoughts While Hanging The Christmas Tree Lights…

(…which is NOT going well. At all.)

Even Andy Williams blaring out “It’s the Most Wonderful Time of the Year” couldn’t stop my mind from flowing into dark places.

Anything can happen, of course, but it is not too early to seriously consider what will happen if Donald Trump sweeps to victory next November. All the signs point that way now. The Democratic Party/”resistance”/ mainstream media axis’s plan(s) to take destroy Trump and force him out of the White House have not only failed, but made him stronger and more defiant. Those who voted for him deeply resent the way their choice for President has been treated—more disrespectfully and disgracefully than any previous POTUS—and are substantially more enthusiastic about their support than ever. Many of those who did not vote for him—like me—have seen their alarm over the increasingly radical, bellicose and anti-American drift of the Democratic Party slowly overcome their visceral revulsion at Trump’s style, manners, character and rhetoric. In the meantime, either by good fortune or good management (or a combination of both), the nation is doing well in many respects, and the President deserves credit.

The Democratic Party’s reliance on Big Lies to counter that, as was on display most recently in the PBS/Politico debate, is transparent, unconvincing and damning. Joe Biden, the alleged front-runner for the nomination, said that the economy is “out of kilter.” High employment, low unemployment, higher wages and a booming stock market is only “out of kilter” to socialists, who measure success in the relative terms of “How dare anyone do better than I’m doing! That’s not fair!” Unfortunately for Democrats but fortunately for us, most Americans don’t think that way–enviously, greedily, avariciously. They don’t resent the success of others; they don’t believe is absolute equality of outcomes. Well, high employment, low unemployment, higher wages and a booming stock market is only “out of kilter” to socialists…and liars. Continue reading

Ethics Recovery, 12/19/19, Post Op Edition: Terrible People

Here I am, I think! Hello?

I’m still groggy from the anesthesia, and the doctor said not to do too much, and definitely not to make any important decisions. I remembered that advice just in time, when I was tempted to watch the Democratic Candidates’ debate, and realized I must still be disoriented. Then I turned to ABC, and thought I saw the Miss America Pageant, which is impossible in enlightened 2019, so I was definitely hallucinating. I’ve also been off my blood-thinner for two days, and could stroke out any second.

1. On Pelosi’s desperate stunt. The House of Representatives adjourned before voting to send the articles of impeachment to the U.S. Senate for a trial. Apparently Democrats are refusing to forward the impeachment to the Senate until they receive assurances the trial will be “fair” in their eyes. You know, like the partisan impeachment in the House, which began with closed hearings overseen by Adam Schiff, and no witnesses who had anything to offer but opinions and hearsay, and ended up with Articles that failed to assert impeachable offenses. Fair.

The Democrats have been following through on this insane scheme hoping to get as much TV time as possible showing Democrats insulting the President, hoping that more repetitions of “Orange Man Bad” supported by the seven Big Lies will somehow change enough votes to avoid a disaster in 2020. They know that absent some presently unknown smoking gun, there is no way they can get the two-thirds super-majority to convict (they’re wishing and hoping for that, too) and knew this all long. The plan now is to try to discredit the Senate acquittal in advance.

This requires a belief that the non-Trump Deranged among the public (think of the rest as the equivalent of the infected in “World War Z”) have the IQs of annelid worms, and the short-term memories of mayflies. The party really believes that after Pelosi and the rest said it was imperative to impeach Trump as soon as possible because the nation and the Constitution is in imminent peril, the decision now to stall the impeachment process won’t be seen as proof that the whole exercise was a cynical, dishonest, hypocritical sham. This is more than irresponsible and incompetent. This is a parody of irresponsible and incompetent.

2. More…It also illustrates the dishonest and insincere nature of the Democrat/”resistance”/mainstream media’s three-year  narrative about President Trump ignoring “democratic norms” and the Constitution. Prof. Noah Feldman, who made it clear when he testified that he wants to see Trump impeached and is willing to warp his interpretation of the Constitution to get it done, isn’t willing to endorse this trick. He wrote,

If the House votes to “impeach” but doesn’t send the articles to the Senate or send impeachment managers there to carry its message, it hasn’t directly violated the text of the Constitution. But the House would be acting against the implicit logic of the Constitution’s description of impeachment.

A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate. That’s built into the constitutional logic of impeachment, which demands a trial before removal.

To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there. That’s what the “sole power to impeach” means.

But if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached. And that’s probably not the message Congressional Democrats are hoping to send.

Alan Dershowitz, who has derided this impeachment from the beginning,writes.

“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people…President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.”

Civil rights attorney lawyer Harvey Silverglate described Pelosi’s gambit as  “manipulation of the system.” The whole impeachment sham has been a manipulation of the system, and now Pelosi’s defenders will have to go deeper into denial to defend it. Professor Turley, no surprise, also condemned the maneuver.  “Articles of impeachment were not meant to be articles of barter,”  Turley wrote.  “Just as the House elected not to seek to compel the testimony of critical witnesses, the Senate can make the same decision for its own house.” Continue reading

On The Impeachment.

I’m not in very good shape tonight, so I’m going to largely rely on the commentary of others to mark this disastrous day in American history.

I reached the point long ago where I was boring myself by having to write the same things over and over again as I documented what is tagged here as the 2016 Post Election Ethics Train Wreck: that the Democrats and “the resistance” are completely and solely responsible for abandoning what their own leaders said was the duty of defeated candidates and parties; that the news media has breached its duty to our democracy and endangered the Republic by breaching its own ethical standards and committing to single party advocacy and permanent warfare against an elected President; that President Trump, unlike every one of his predecessors, has never been given the benefit of unified support by the nation, or allowed to do his job as well as he could do it without harassment and abuse from all sides; and most of all, that the strategy of the Democratic Party, to decide to remove this President and then set out to find a way to do it, was unethical, illegal, undemocratic, and un-American.

I reached these conclusions not as a supporter or fan of the President, as anyone who has  visited here knows, but as a life-long student of the American Presidency, U.S. history and leadership, as a lawyer, an ethicist, and as a civically informed citizen.

And I’m right.  Despite the loud howls of the impeachment mob, there have been many thorough briefs supporting my analysis, notable among them Prof. Turley’s statement in the House hearings, and most recently, the President’s own letter. Today’s impeachment vote is an anti-climax, for once the Democrats got the majority in the House, it was obvious that they would impeach the President because they could, once they found a plausible justification.  (Recall that Speaker Pelosi once stated that any impeachment would have to be bi-partisan to be valid. Today’s impeachment votes included no Republicans. Res ipsa loquitur.) The surprise is that they impeached without a plausible justification, and were willing to gamble that slaking the hate of their most rabid base members was worth the certain electoral backlash to follow.

I think it was a foolish, reckless, irresponsible choice, and they deserve to pay a heavy, heavy price for it. It’s important that they do. Crucial, in fact. Continue reading

Comment Of The Day: “Saturday Morning Ethics Warm-Up. 12/14/19: Insulting George Washington And Other Annoyances”

There goes Professor Morrison!!!

This is the third (in three days) and final, for now, of a series of  impeachment-related Comments of the Day by Ethics Alarms loyalist and ace  Glenn Logan. He’s authored a couple more COTD-worthy posts since this one went up two days ago; at this rate, I might just turn the blog over to him and Mrs. Q (whose latest column is coming!) and retire to beachcombing and directing satirical musical reviews.

In his latest, Glenn did me a favor and defenestrated George Washington law professor, Alan Morrison’s depressingly lame attempt to rebut Jonathan Turley’s superb explanation of why the House’s impeachment ploy was misguided and wrong.

Here is his Comment of the Day on the post, “Saturday Morning Ethics Warm-Up. 12/14/19: Insulting George Washington And Other Annoyances”:

Morrison complains that the House cannot obtain the information they need to impeach Trump or not because Trump insists on is right as the head of an equal branch of government to have the House demands on the executive subjected to judicial scrutiny.

Therefore, his claim is that the House has no choice but to infer whatever it can from the witnesses who have testified so they can get the President impeached before the election.

This is not just a weak argument, but a completely specious one. The President:

a) considers the investigation illegitimate and partisan, and;

b) has a duty to protect his office against just such an illegitimate partisan investigation by legitimately referring such demands to the courts. Continue reading

Comment Of The Day: “If I Had Been Able To Swing A Full-Time Impeachment News And Commentary Blog…”

Now the second of three Comments of the Day I’m posting this weekend authored by Glenn Logan. Like the first, this one is about the impeachment drama (or farce, if you prefer.)

His specific context is the post, “If I Had Been Able To Swing A Full-Time Impeachment News And Commentary Blog, These Kind Of Things Would Have Been On It…” It begins with a quote from the text. I suppose this is as good a place as any to apologize for floating the idea of launching a separate blog to address what still is infuriating to me, the impossibility of getting accurate, objective information regarding the process, its history, essential legal principles involved, like hearsay and due process, and the context of this particular blot on our history. This would not be needed, except that we have no trustworthy journalism sources today. One stop information is impossible, and few people have the time or inclination to bounce around the web to get a fair snapshot of what’s going on without being misled by misrepresentations on one side and crucial omissions on the other.

Almost as soon as I asked for volunteers to assist in this project, the metaphorical roof fell in on me, and just getting this blog out every day became difficult. At this point in my life I should have been financially independent enough to devote full time to projects like the impeachment site. I’ve got half-drafted books lying around, I have half a dozen other fascinating and important projects that should be moving forward and instead have been on my “To do” list for years. This is nobody’s fault but my own: not enough focus, not enough discipline, too easily distracted by topics that interest me but don’t pay the bills or advance the chess pieces.

What a waste. But the end of the year always sees my mind running in this gutter. Anyway, I’m sorry.

Now here’s Glenn:

“For leaders, those who deal in power, distinguishing between rightful and wrongful acts based on motives is particularly difficult, if not impossible.”

I think the Democrats are being deliberately deceptive here, and can’t really say what they mean. What they mean is that the actions they have ascribed to Trump are crimes because Trump did them. If a person such as former president Barack Obama, or more pointedly former vice-president Joe Biden, had done the exact same thing, they would carry with them a presumption of innocence, validity and indeed, praiseworthiness. Their motives would’ve never been questioned, let alone put forward as the basis for an impeachment.

This just highlights the political nature of the impeachment “process” the Democrats have initiated, and the utter bankruptcy of their argument. If they can define crimes as not the acts themselves, but the combination of and act and who commits it, they will have reached a point that Orwell couldn’t, or didn’t imagine. Continue reading