disability

Ethics Observations On The Roseanne Tweet Fiasco

/ Jack Marshall / 33 Comments

1.  It is possible, after all, to revile Roseanne Barr’s gratuitously vicious “joke” about Valerie Jarrett, and to question the extended reaction to it. I feel especially emboldened, perhaps because you couldn’t have forced me to watch that show or anything associated with Barr had you been credibly threatening to blow up Fenway Park unless I tuned in. One of the ways the enemies of free discourse and thought further their agenda is by setting up these dilemmas, where to even suggest that a genuine miscreant’s punishment has exceeded reasonable bounds is to risk shunning and other serious cultural consequences—it’s the Cognitive Dissonance Scale again. “See, then we make them defend someone who would tweet something like that, and we’ve got em! Then they look like racists too! Bwahahahahaha!”

2. No, I don’t think ABC and Disney were looking for an excuse to cancel “Roseanne” 2 because it was perceived as pro-Trump. The show was making money, and corporations place money above politics. However, there is no doubt that a conservative show has less margin for error in today’s biased media environment. It was up to Roseanne to understand that and moderate her conduct accordingly. This recent post is relevant.

3. I was not aware, until ethics alarms reader  Sue Denim pointed it out here, that Barr may have physiological reasons for her lifetime addiction to ugly humor: Continue reading →

Comment Of The Day: “Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part 3]”

/ Jack Marshall / 19 Comments

Here’s another one.

Regular readers here know I’m a sucker for Presidential history, even when I’m not the one expounding on it. I’m also a sucker for posts that I would otherwise have to write myself., and I was outlining a very similar post to this when Steve-O-in-NJ kindly produced this Comment of the Day. For of there is one thing my life-time love affair with the Presidency and the men who have had the audacity to try, always with mixed success, to fulfill its crushing challenges, has taught me, it is that these were all weird men, each in their own unique ways. You have to be weird to seek this job, or survive it.  The argument that Donald Trump’s undeniable weirdness is somehow deserving of less tolerance than any of the other Presidents is  bigotry mixed with ignorance. Leadership is itself abnormal, and has infinite guises.

Welcome to Steve-O-in-NJ’s Comment of the Day on the post, Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part 3]

Washington was an inch away from leading an army personally to put down the Whiskey Rebellion. Andrew Jackson had a notorious temper (all his life), fought duels (though not while in office), and said he was going to hang the first South Carolinian who defied Federal law to the first tree he could find if bloodshed resulted from that defiance. LBJ gave interviews while on the toilet, more than once. Jimmy Carter talked about having consulted with his young daughter regarding policy matters and claimed to have seen a UFO. Calvin Coolidge brushed off a reporter who had made a bet that she could get more than two words out o him by saying “you lose.” Grover Cleveland had half his jaw cut out due to cancer and told the press he had two bad teeth extracted. He also married a woman who was young enough to be his daughter. Lincoln of course battled what we’d probably now recognize as clinical depression.

The two biggest offenders for presidential disability were Woodrow Wilson, who was actually completely disabled by a stroke and hid it, in effect making the nation an oligarchy ruled by his wife and closest advisors, and JFK, who hid the fact that he had Addison’s disease (why that didn’t keep him out of the Navy I don’t know), probably PTSD, and crippling back pain that sometimes left him unable to stand without drugs. I also wonder if it would be out of line to diagnose Clinton with satyriasis, given his behavior.

My main point is that some of the arguably best presidents like Washington and Jackson, others who were at least popular like Cleveland and Clinton, and some that official history is reluctant to examine too closely like JFK (although that is starting to change) all had issues of risky or extreme actions, bizarre behavior, or concealing disability from the public, and no one now calls any of them unfit for office, nor was that charge ever leveled to my knowledge at any of them with any level of seriousness. As far as I know no Republican leader has ever leveled the charge of mental or other unfitness at any Democratic president with any seriousness, although Clinton’s sexcapades, Carter’s incompetence and errors, LBJ’s open crudeness and weirdness, and JFK’s litany of problems presented the opportunity several times. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 1/7/2018: Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part I]”

/ Jack Marshall / 5 Comments

I am drowning, once again, in deserving Comments of the Day. This is a good thing in many respects, including the special circumstances that I am sick and have the energy of a spent battery. It is perplexing because it threatens to transform EA into an ethics version of Medium and put me out of a job.

One benefit of having such a diverse and erudite crowd here is that people who actually know what they are talking about have a tendency to interject when the discussion gets sloppy. John Billingsley just did this on the topic of dementia, which was much on everyone’s mind as a result of the embarrassing outbreak of  the anti-Trump coup plot known here as Plan E in the news media and among “the resistance.” (Here’s an especially revolting effort from yesterday by old Cross-Fire from the Left veteran Bill Press. When a opinion piece begins by calling a professor of psychiatry who has been rebuked by her own association “a leading psychiatrist” and asserts convincing authority in her announcing that the President’s mental health is “unraveling” based on a substantially debunked book, objective people can tell what’s going on, and it isn’t fair, dispassionate analysis.)

This is John’s Comment of the Day on the post, Morning Ethics Warm-Up, 1/7/2018: Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part I]:

The word “dementia” is being tossed about here with little regard to what it actually means. It is a word that has a specific technical meaning and is not something that can be diagnosed by simply watching someone on TV or reading their tweets. There is no specific, single identifying symptom of dementia. Statements someone doesn’t like, decisions someone thinks are bad, slips of the tongue, lapses of memory, spelling or grammatical errors, calling another national leader “Rocket Man” and comparing your button to his, cutting off aid to Pakistan, enforcing the law as written, not believing in global warming, referring to yourself as a stable genius, acting like an idiot at times, doing inexplicable things, being unethical, etc. are not specific symptoms of dementia. Taken all together they do not make the diagnosis of dementia. To make a diagnosis in this manner is no more valid than diagnosing Hillary as having seizures based on a few movements seen on video.

Dementia is a syndrome, a group of symptoms that occur together, not a specific disease. There are many diseases that may result in dementia such as Alzheimer’s disease, Lewy body disease, and vascular disease to name only a few. The DSM V actually eliminated the term “dementia” and replaced it with the term “major neurocognitive disorder” but the diagnostic criteria are essentially unchanged and they are (taken from the DSM V):

Evidence of significant cognitive decline from a previous level of performance in one or more cognitive domains (complex attention, executive function, learning and memory, language, perceptual-motor, or social cognition) based on:

Concern of the individual, a knowledgeable informant, or the clinician that there has been a significant decline in cognitive function; and

A substantial impairment in cognitive performance, preferably documented by standardized neuropsychological testing or, in its absence, another quantified clinical assessment.

The cognitive deficits interfere with independence in everyday activities (i.e., at a minimum, requiring assistance with complex instrumental activities of daily living such as paying bills or managing medications).

There are a couple of other technical requirements that are not pertinent to this discussion.

As you can see the first criteria requires a “significant cognitive decline” in one or more areas of functioning. I don’t believe anyone can give specific examples from available sources to conclusively show there has been a significant decline. I don’t think there is any available evidence that even strongly suggests there has been a significant decline.

Has Trump himself, a knowledgeable informant (not an anonymous source), or a clinician who has actually examined him expressed concern that he has experienced a significant cognitive decline? Both Theresa May and Mike Pompeo, though not clinicians, have at least interacted with him in circumstances that would be likely to reveal significant cognitive impairment, and they say no. Has there been standardized testing or other quantified clinical assessment? If there is, it certainly isn’t public knowledge. Does he require assistance with taking his medications and paying his bills? I don’t know but I rather doubt it.

For anyone other than a qualified professional who has actually examined him to diagnose that he is demented is simply name calling and should be given the weight it deserves. Absolutely none. Now if you want to call him demented, a moron, an idiot, or anything else in the slang rather than technical sense of those terms, have at it, but don’t then try to pretend that you made a real diagnosis carrying any weight or satisfying the requirements of the 25th Amendment.

Morning Ethics Warm-Up, 1/8/2018: Regrets, “It Rings True,” Bannon The Weasel, And “But It Would Be Wrong…”

/ Jack Marshall / 34 Comments

Good Morning, everyone!

1 On the other hand, “Bite me!” I find myself feeling bad about a Facebook retort yesterday laying out an old friend, also a former Democratic official’s staff member, for taking a snide shot at my “bias” after my answer to a query about anti-Trump legal ethicist Richard Painter. Painter has been on the “remove Trump by any means possible” bandwagon since the 2016 election, and because he was an ethics advisor to the Bush White House, he has been a favorite go-to source for CNN and MSNBC while authoring bizarre op-eds that distort the Constitution.  My response about Painter was that he has apparently been driven mad by the whole Trump experience, and is now in the process of wrecking a very fine reputation as his colleagues in the field, like me, roll their eyes and weep. (Painter is a Bush family loyalist, and the guessing is that he is following the lead of the two Georges, who hate Trump to pieces.) Yes, Richard was among the first to advocate Plan E, removing Trump because he is “unable” to do the job, so he’s especially hot right now.

I feel bad because I’m a nice guy, but I’ll be damned if I will put up with being called “biased” for correctly pointing out what is dishonest and wrong about the various plots to circumvent the election. It’s not a “bias” to believe that an entire party attempting to undermine an elected President is wrong, and that lawyers and ethicists who pander to that mob have slipped a professional cog. I sent my friend to this website to find any evidence that I am a Trump fan, other than being the apparently rare critic who will give the President credit when he deserves it, and who will defend him against fake news and dishonest accusations. I’m a passionate supporter of U.S. values, the system, our institutions, the Presidency itself and elections. That’s not bias. That’s called being an ethical citizen.

2. Signature significance for a weasel. Five days after his reported quotes in “Fire and Fury” including one accusing Don Jr. of “treason” caused President Trump to slam him on Twitter, former White House aide and Breitbart power Steve Bannon sent an “apology” to Axios, of all places. This is known as ” crawling back.” Bannon, while at the White House, leaked to reporters and played both ends against the middle to further his own agenda, and betrayed the President’s trust and confidence by aiding and abetting sleazy political gossip-monger Michael Wolff.  Now, after Bannon’s split with Trump has obviously cost him support, influence and credibility, the man who chomped on the hand that fed him wants a do-over. Only the worst species of unethical and unprincipled weasel would try something like this. If he genuinely regretted the quotes, he would have  immediately said that they misrepresent him, and repudiated them. Waiting five days makes it clear that Bannon was waiting to see how the episode was playing in the media and public to decide whether to stand by his own words or not. The short version of this is: “Integrity? What’s that?”

Moreover, the text of the “apology” shows that Bannon isn’t very bright. Why bother looking pathetic and weak if you aren’t even going to do it effectively? He doesn’t even apologize:  he says that he regrets his “delay in responding to the inaccurate reporting regarding Don Jr has diverted attention from the president’s historical accomplishments in the first year of his presidency.”

Ha! I bet he does. But this is a Level 10 apology on the Apology Scale:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

3. Is expressing “regret” the same as an apology? Let’s look closely at which mainstream media outlets call Bannon’s statement an “apology.” Axios does. When President Obama was making his so-called “apology tour,” as it was dubbed by the Right, journalists rushed to his defense, arguing that saying in multiple nations that he “regretted” the policies of his predecessors and the past actions of the United States was not the same as apologizing for them.

4. Somewhere, Dan Rather is smiling...I’m putting this in the Warm-Up because, as you may have noticed, yesterday’s posts were dominated by “the resistance’s” Plan E and the news media’s dutiful assist by hyping “Fire and Fury.” Incredibly—yes, I’m an idiot: the degree to which the news media will abandon core journalism ethics if it means bringing Trump down still surprises me–there was little effort on the news shows yesterday to hide the fact that much of Wolff’s book is unreliable,  and that the author admits it. Nonetheless, they reported on the salacious quotes and accounts, debated in panels whether it “proved” the President is disabled, and generally presented the book to the public as fact, not fiction.

How can journalists possibly justify this? It can’t be justified, but the news media’s anti-Trump bias has made them stupid and incompetent.

For example, CNN MEDIA ETHICIST—I have to place both hands over my head to prevent an explosion when I type that, which means I have to type with my nose—Brian Stelter tweeted,

Big picture point: Wolff’s errors are sloppy, but many Trump experts say the book “rings true” overall.

Continue reading →

Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part 3]

/ Jack Marshall / 25 Comments

This topic started out as a morning warm-up and has stretched into three posts. I’m sorry: the more I look at it, the more infuriating Plan E appears.

Let’s briefly recap, shall we?

…The news media, using the dubious claims of Michael Wolff as its catalysts, and following the dictates of the anti-Trump resistance, is trying panic the public into believing that the President is mentally incompetent, and that the provisions of the 25th Amendment might have to be activated, removing him from office.

…That this claim is legitimate, justified, or based on anything but the same view of the President the news media, progressives and Democrats had and loudly publicized through the 2016 campaign is a lie.

…Because it is an audacious, unconscionable lie devoid of evidence or justification being repeated for the purpose of making its targets deny it and discuss it, thus giving it more publicity and legitimacy (“Did the Holocaust really happen?” “Did Trump make a deal to have Russia take down Hillary?”), it fits the description of Hitler’s Big Lie propaganda technique.

…The foundation of this disgusting plot is Bandy Lee, Yale professor of psychiatry who has been condemned by her profession, who is hawking a book, who relies on rationalizations, and whose statements betray a political rather than a professional agenda.

Now we continue…

7.  Ethics Dunces: Everyone who accepts, supports or furthers Plan E, the “Trump is disabled” lie. Ethics Dunce is too mild a name here. We have the mainstream news media proclaiming to the world that the President of the United States is mentally deficient based on tweets, gossip, leaks, unethical diagnoses by discredited professionals, an author who has admitted making things up and lying to the White House to get access, and Steve Bannon. Those who enable Plan E are deliberately risking Constitutional disaster and permanent weakening of our institutions. Jonathan Turley properly called this out as the nonsense that  it was in October, only then the supposed crippling malady being claimed was narcissism. That wasn’t flying—Turley: “If we started removing public servants because they were narcissists, the nation’s Capital might become a virtual ghost town. In D.C., the question isn’t who fits that definition? but, who doesn’t?”—so Lee et al. switched to “dementia.”

That’s equally weak and dishonest, and obviously so to anyone who is objective. In the Washington Examiner, Eddy Scarry asks,  “Why hasn’t Michael Wolff’s dementia-Trump ever been seen in public?” We have seen public figures and elected officials show signs of mental problems, like Nancy Pelosi, who has frequently mixed up names, forgotten where she was, sounded disoriented and confused, and talked gibberish in public appearances, or John McCain, who had a disturbing episode in a Senate hearing before his brain tumor was discovered. Trump has had nothing like that occur, either before or after being elected. Scarry: Continue reading →

Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part 2]

/ Jack Marshall / 11 Comments

As their purely, non-partisan, unbiased,professional opinion. of course–just like Prof. Lee today.

[Part I was the Morning Warm-up for 1/7/18, which can be found here.]

4. The Big Lie’s smoking gun. CNN, Politico, MSNBC, Newsweek, The Hill, and many other news sources had headlines this week that were some variation of this one, from CNN:

“Lawmakers consulted psychiatrist about Trump”

The obvious message being conveyed: lawmakers—not just Democrats, but Republicans too!—are worried enough about the President’s mental health that they called in an expert to “brief” them. (“Lawmakers briefed by Yale psychiatrist on Trump’s mental health: report”—The Hill.) This is misleading, dishonest, and factually false—truly fake news. The Weekly Standard, hardly a reflex pro-Trump publication, revealed how false it all was. The story began…

On Wednesday night, before Washington was completely consumed by Michael Wolff’s West Wing tell-all, Politico published a piece feeding into a different frenzy: the notion that Congress was concerned President Trump might be mentally unfit for office. The article, titled “Washington’s growing obsession: The 25th amendment,” claims that more than a dozen lawmakers—all Democrats, with the exception of one nameless Republican senator—attended private briefings in early December with a Yale psychiatry professor to discuss Trump’s mental health. The most interesting detail of the story, of course, was that one rebellious Republican senator had met with Dr. Bandy Lee to discuss her belief that Trump is unfit to serve as commander-in-chief. Politico reported that Lee refused to name the GOP lawmaker she claimed to have had a meeting with.

The reporter, Haley Bird, investigated and…

  • …”was unable to confirm that any Republican Senator actually met with the Yale professor.”
  •  “In an on-the-record phone call with TWS Saturday afternoon, Lee admitted her “meeting” with a Republican senator was not actually scheduled and that it was, in her own words, “accidental.” “The meeting happened—it wasn’t arranged in advance,” she said. “It was accidental. It was incidental, I will say. It was incidental.”

That means that she was not summoned  to “brief” worried Republican lawmakers. It was not a “meeting” is the way the word is routinely used by the news media in political matters. The word is not generally construed to mean “the bumped into each other and had a chat.” Nor is “consulted”  used to describe spontaneous questions in a chance encounter.

The media reporting here was pure hype, blowing an informal. chance meeting—in the hall?–with the unethical psychiatrist who has been unethically diagnosing Trump from afar all year long–into news. That’s propaganda in service of the Big Lie. This was not a bipartisan inquiry into a matter of state. Lee was invited to a partisan meeting of Democrats to determine if she could assist with Plan E, removing the President because of an inability to perform his duties.

5. Let’s meet the primary Ethics Dunce in the Big Lie plot,Yale psychiatry professor Bandy Lee.  She has been claiming for over a year  that Trump is mentally impaired and unfit to serve. Her primary evidence are his tweets. This is because she has never examined him, met him, or had first hand knowledge about any aspect of his conduct or behavior. Because so many Democratic and progressive professionals were moved to violate their ethics codes out of animus to Trump and fealty to the Democratic Party, the head of the American Psychiatric Association handed down this edict in August of 2016:

“Since 1973, the American Psychiatric Association and its members have abided by a principle commonly known as “the Goldwater Rule,” which prohibits psychiatrists from offering opinions on someone they have not personally evaluated. The rule is so named because of its association with an incident that took place during the 1964 presidential election. During that election, Fact magazine published a survey in which they queried some 12,356 psychiatrists on whether candidate Sen. Barry Goldwater, the GOP nominee, was psychologically fit to be president. A total of 2,417 of those queried responded, with 1,189 saying that Goldwater was unfit to assume the presidency.

While there was no formal policy in place at the time that survey was published, the ethical implications of the Goldwater survey, in which some responding doctors even issued specific diagnoses without ever having examined him personally, became immediately clear. This large, very public ethical misstep by a significant number of psychiatrists violated the spirit of the ethical code that we live by as physicians, and could very well have eroded public confidence in psychiatry… I can understand the desire to get inside the mind of a Presidential candidate. I can also understand how a patient might feel if they saw their doctor offering an uninformed medical opinion on someone they have never examined. A patient who sees that might lose confidence in their doctor, and would likely feel stigmatized by language painting a candidate with a mental disorder (real or perceived) as “unfit” or “unworthy” to assume the Presidency.

Simply put, breaking the Goldwater Rule is irresponsible, potentially stigmatizing, and definitely unethical.”

Got that? Lee just defied her profession’s standards. During the campaign, she continued to diagnose Trump without his consent or an in-person examination. She justified doing so on the grounds that she is “obligated to break them in times of emergency.” Do I really have to recite all of the rationalizations this transparently disingenuous  excuse employs? Oh, all right…

8A. The Dead Horse-Beater’s Dodge, or “This can’t make things any worse”
13. The Saint’s Excuse: “It’s for a good cause”
24. Juror 3’s Stand (“It’s My Right!”)
25. The Coercion Myth: “I have no choice!”
28. The Revolutionary’s Excuse: “These are not ordinary times.”
30. The Prospective Repeal: “It’s a bad law/stupid rule”
31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now”
40. The Desperation Dodge or “I’ll do anything!”
45. The Abuser’s License: “It’s Complicated”
58. The Golden Rule Mutation, or “I’m all right with it!”
59. The Ironic Rationalization, or “It’s The Right Thing To Do”

She continued to breach professional ethics standards after the election,  earning a book deal that spawned  “The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President.” So much for objective, unconflicted, professional analysis. She saw a niche and an audience, and grabbed it.

Lee herself said in an interview that she was a “pariah” at her department  Lee’s book, which came out October 3, expanded on her rationalizations by arguing that psychiatrists have a “duty to warn” the country about President Trump. In response to the book, the APA issued another statement reaffirming the importance of the Goldwater Rule standard “not to provide professional opinions in the media about the mental health of someone they have not personally examined and without patient consent or other legal authority.” It also debunked Lee’s “duty to warn” argument, saying,

 “The APA would also like to dispel a common misconception about the so-called ‘Duty to Warn.’ The duty to warn is a legal concept which varies from state to state, but which generally requires psychiatrists to breach the confidentiality of the therapeutic session when a risk of danger to others becomes known during treatment of the patient. It does not apply if there is no physician-patient relationship.”

She is an unethical professional by her own profession’s standards.

6. The Ethics Dunce’s Unethical Quotes Of The Month. In a jaw-dropping interview with Vox that is  signature significance for Anti-Trump Derangement, Lee says, among other things:

“It would be hard to find a single psychiatrist, no matter of what political affiliation, who could confidently say Trump is not dangerous.”

Yes, and that would be because they couldn’t confidently or ethically make any assertions without actually examining him. Moreover, “dangerous” is not a term of art, and in a political context, which is how Lee is speaking, it is subjective and ambiguous. The Left thinks Trump is dangerous because he chooses to be tough with North Korea.

“On the other hand, in the book we have as authors Phil Zimbardo, Judith Herman, and Robert Jay Lifton, who are notable not only for their contributions to mental health but for their amazing ethical record. These are living legends who have also stood on the right side of history, even when it was difficult, and they stand as beacons for me. No one matches their moral and professional authority, in my mind.”

She defends her unethical conduct because others have breached the same standards. (#1 Everybody Does it, #32. The Unethical Role Model)!

I’m a fan of Philip Zimbardo’s writings, but to say that the man who engineered the infamous Stanford Prison Experiment has an “amazing ethical record” shows selective attention. Zimbardo himself declared that his experiment was unethical! Then, as a blatant tell,  Lee uses “the right side of history,”  Rationalization 1B:

1B. The Psychic Historian, or “I’m On The Right Side Of History”

This especially arrogant and annoying rationalization is essentially “Everybody’s going to do it.”  It is an intellectually dishonest argument, indeed no argument at all. Every movement, every dictator, Nazis, Communists, ISIS, the Klan, activists for every conceivable policy across the ideological spectrum, think their position will be vindicated eventually. In truth, they have no idea whether it will or not, or if it is, for how long. If history teaches anything, it is that we have no idea what will happen and what ideas and movements will prevail. “I’m on the right side of history is nothing but the secular version of “God is on our side,” and exactly as unprovable.

We have heard this rationalization a lot during the escalating culture wars. It is a device to sanctify one’s own beliefs while mocking opposing views, evoking an imaginary future that can neither be proven or relied upon. Nor is there any support for the assertion that where history goes is intrinsically and unequivocally good or desirable. Are millions of aborted babies a year “right”? Is the constantly increasing percentage of children born to unmarried couples “right”?

Those who resort to “I’m on the right side of history” (or “You’re on the wrong side”) are telling us that they have run out of honest arguments.

With this she he also proves that hers is a political position, not an honest, objective professional one.

Those who most require an evaluation are the least likely to submit to one. That is the reason why in all 50 states we have not only the legal authority, but often the legal obligation, to contain someone even against their will when it’s an emergency. So in an emergency, neither consent nor confidentiality requirements hold. Safety comes first. What we do in the case of danger is we contain the person, we remove them from access to weapons, and we do an urgent evaluation. This is what we have been calling for with the president based on basic medical standards of care.

Surprisingly, many lawyer groups have actually volunteered, on their own, to file for a court paper to ensure that the security staff will cooperate with us. But we have declined, since this will really look like a coup, and while we are trying to prevent violence, we don’t wish to incite it through, say, an insurrection.

Gee, you certainly wouldn’t want it to LOOK like a coup….

KABOOM!

That this astoundingly unethical and unprofessional, hyper-partisan academic radical can be the cornerstone of an effort by Democrats and the news media to overthrow a President just exploded my head, and my office looks like an abattoir. I have to take a break. Look for Part 3.

__________________________

Sources: Daily Caller, Vox

Morning Ethics Warm-Up, 1/7/2018: Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part I]

/ Jack Marshall / 43 Comments

I won’t lie to you…

It’s not a good morning,

(until Americas and journalists condemn this for what it is.)

1 The Big Lie Let us begin by calling the pile of news stories spreading the slander, libel and fake news that President Donald J. Trump is mentally disabled what it really is. It is part of a Big Lie strategy by Democrats, “the resistance”, and the mainstream news media to bring down the Trump Administration without having to win an election.

Because the term”Big Lie”  itself was coined by  Adolf Hitler, in his 1925 book Mein Kampf, and because the Nazis were themselves so fond of the tactic, many hesitate to use the phrase when that is exactly what is being done for fear that to do so will be attacked as comparing the Big Lie wielder to Hitler, Goebbels, or fascists. People are free to make whatever comparisons they like. Using a technique the Nazis mastered doesn’t make a group Nazis, but using a sinister, powerful propaganda weapon that honest and fair people recognize as vile and dangerous is unforgivable.

The claim that President Trump is suffering from dementia or some other form of mental disability is a big lie” by definition. Hitler called it a lie so “colossal” that no one would believe that someone “could have the impudence to distort the truth so infamously.” The idea, of course, is to make it impossible for the victim of the attack to ignore the lie, and require the victim and others to deny it. The lie is given currency by the denials, and then the Big Lie propagandists can focus on the denials rather than the substance of the lie itself, of which there is none. Brilliant!

An essential element for a Big Lie to work is extreme bias and bigotry. The absence of these in sufficient measure is why other recent Big Lie attempts, such as the theory that the Bush administration bombed the Twin Towers and the Pentagon, and the Birther claims, failed. The past year has demonstrated that, thanks in part to the unAmerican efforts by Democratic leadership to undermine the legitimacy and acceptance of President Trump’s election, and a non-stop negative tone and attitude in the reporting of the news regarding his administration, a very large component of the electorate is steeped in irrational fear and hate of the President that is emotional rather than rational. That’s bigotry, and it is the fertile solid where big lies flourish.

2. Why Plan E now? Plan E is one of the rotating plans (reviewed in #5 here) embraced at various times in the past year by “the resistance” to justify overturning the 2016 election.I touched on this yesterday. Plan J, the effort to force Trump to resign in the midst of the Terror-like, Harvey Weinstein sparked witch hunt to drive from positions of power make any man who ever allegedly engaged in any sexual misconduct ranging from a gross proposition to an impulsive kiss to rape, never came close to working, even though Democrats sacrificed an iconic Congressman and a rising Senator in the effort. The death knell of Plan J was when it was revealed that Democratic supporters, including the shameless Media Matters, were paying women, through lawyers or otherwise, to make accusations and bring law suits. The decision to re-animate Plan E was the furor and media feeding frenzy surrounding Michael Wolff’s latest book of whispered gossip, pay-back, rumors and spin, “Fire and Fury.” Wolff is a muckraking entrepreneur whose past books and articles have been frequently criticized for including speculation and outright falsehoods. Never mind: the timing of a sensational best seller purporting to dish the real dirt about the chaotic early day of the Trump White House as it struggled to find its footing and the man at its center, Donald Trump was too good to pass up. Wolff is no Bob Woodward, but as they say, any port in a storm. The new narrative is that Trump is nuts, or senile, or something. He’s not right in the head. Lots of people who work with him say so (anonymously), and lots of people who would have said or done anything to stop him from being President have been saying so all along.

3. This Big Lie’s essential smaller lies.

  • Prime among them is that anything new has occurred, or that there is evidence of the President’s mental/emotional unfitness that the public was not fully aware of long before they elected him. There isn’t. The re-emergence of the Plan E narrative is nothing more than a re-litigation of the campaign.

Trump critics (like me, as I variously described him during the campaign—and before–as unstable, narcissistic, infantile, stupid, deranged and worse, based on specific statements and incidents) always believed that he did not have the appropriate intellect, instincts, emotional make-up or character to lead the country, but the electorate did not agree, and that’s all that matters. Conservatives, Republicans and those just sick of the arrogance and divisiveness of the Obama administration adopted  the long-accepted Democratic position, specially reinforced to get Bill Clinton (and, hopefully, his equally ethics-challenged wife) elected and keep him in office, that only results matter, not character. This coalition  elected Trump despite his obvious flaws, and to some extent, because of them.

  • The second attendant lie to Plan E—maybe it should be #1– is that the 25th Amendment’s Section 4 allows the Cabinet to remove any President who isn’t literally unable to function. Section 4 states,

“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”

Until the Democrats began pretending otherwise, no one, not legal scholars, not Constitutional experts, not people who can read English, ever interpreted “unable” to mean anything but completely disabled: a major stroke, a coma, debilitating illness. A disabled President can’t sign documents, can’t make decisions, can’t delegate, can’t hold meetings, can’t even tweet. If the definition of “unable” bleeds into “doesn’t make decisions or express himself in ways others think are wise or prudent,” then the 25th Amendment becomes an open-ended means to achieve a coup….which is the real purpose of distorting it now. Underestimating the seriousness of this effort, or its existential danger for the nation, would be mistake.

  • Even if Trump were handicapped by a new mental or emotional problem, and there is no evidence that he is, Presidents battling such problems are practically the natural state of the office.  Too many Presidents have suffered through various health issues, physical and mental, in the course of their terms in office to count. The 25th Amendment was not put in place to allow a coup any time a President was temporarily diminished or not in top form. Several Presidents, including Lincoln and Teddy Roosevelt, suffered from clinical depression. They dealt with it. Others dealt with alcoholism, drug addiction, serious illness, narcissism, old age, and often many of these at once. FDR was dying during his entire last term, until he did in fact die.

Most of our leaders have been mentally and emotionally abnormal in one way or the other, because normal people don’t become President.

  • Finally, contrary to what “the resistance” and the media are peddling, the evidence indicates that the President has been doing his job surprisingly well. Those who hate him and his policies can’t accept or admit that, but it is a matter of record. There is no legitimate, objective evidence to support Plan E. That is why this is, in reality, a Big Lie.

Exposing a Big Lie takes a Big Post. I’ll get into the fools, dunces, villains and liars next.

 

 

Unethical Quotes Of The Month: DisruptJ20 Organizers David Thurston And Legba Carrefour

/ Jack Marshall / 35 Comments

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“We are not in favor of a peaceful transition of power, and we need to stop it.”

 —Legba Carrefour, one of the organizers of DisruptJ20, a group working with Black Lives Matter and other protest groups to disrupt the Inauguration with demonstrations, predawn blockades and efforts to interfere with inaugural balls in the evening.

“We want to shut down the inauguration. We want to see a seething rebellion develop in this city and across the country.”

—David Thurston, another DisruptJ20 leader.

This is, increasingly, the face of the political Left in 2017 America. These two are a bit more radical, self-righteous, undemocratic and extreme than the Democratic Party and its allies in academia and journalism, but not as much as one would think, or hope.

A significant number of progressives and Democrats have completely lost their minds, as well as their common sense, during the still rolling 2016 Post Election Train Wreck. At least Thurston and Carrefour are honest and straightforward about wanting to undermine the democratic process and to justify a coup solely on the basis that their candidate did not prevail. Democrats, progressives, academics and pundits are advocating or encouraging the same thing, but are less direct about it.

Every few days, often every day, bring new examples. I don’t just mean certified left-wing crazies like Michael Moore, who says we have to find some way to stop Trump from taking the office he was duly elected to, or Rosie O’Donnell, whose status as an idiot would normally make me hesitate to cite her except that ABC News gave her a forum as a pundit on “The View” for a few years, who says that Trump should be “arrested.” When did any conservative, libertarian, or Republican not residing in a padded room advocate that a Democratic President-Elect should be forceably prevented from taking office?

I know, I know: Trump is special. Trump justifies suspending ethics. The New York Times Rule.

About a week ago, another Hollywood video led by Sally Field demanded that Congress “stop” Trump, without really knowing what they will be stopping. The video is pure fear-mongering without substance, calling Trump “racist, sexist, anti-immigrant, anti-worker, anti-Muslim, anti-Semitic, anti-environmental…” Of course, the same people were part of a loud group of indignant Democrats who maintained for eight years that for Congress to deny the wishes of a President was akin to racism and treason. The previous video, that one headed by fake President Martin Sheen, made the historically stupid argument that Electors were supposed to have the power to veto the will of the people, at least when Democrats lose. That worked well…as as it deserved to.

Yesterday, over at The Hill, an assistant professor of government in American University’s School of Public Affairs was given a forum to make the batty argument that Russia’s hacking and leaking e-mails that exposed some of the filthy under-belly of the Clinton machine and the Democrats mandate cancelling the results of the election and holding a new one. Now, it would be a slightly less batty argument (but batty still), to call for a re-vote if damaging information was uncovered after an election that the winner withheld from the public, like, say, the fact that the IRS was sabotaging conservative groups to keep them from participating in civic discourse, or that the President lied to pass Obamacare, or that the Democratic Senate leader deliberately lied to smear the losing candidate….like in 2012. This guy (his name is Chris Edelson, and I am officially ashamed to have once been on an American University faculty with him) so hates Trump that he advocates causing a Constitutional crisis because damning information about the corruption of Clinton and the Democrats enlightened the public so they could, if they chose, use it to cast an informed vote. Cant have that.

Worse still was the jaw-dropping argument by liberal columnist Richard Cohen a few days ago, in a screed titled, “How to Remove Trump From Office.” Like all of the Left’s suddenly revolution-minded, Cohen begins with a list of Trump’s failings and character deficits, asserting that he is not fit to be President.  Boy, when did the concept of “an election” become so alien to the Left? I happen to agree with Cohen about Trump completely, but see, Richard, it is the voters, not us, who get to decide who is fit to lead the country. If you argue that your opinion should prevail over theirs, you are not a supporter of the Constitution, or democracy. You are an elitist autocrat, tending to totalitarianism.

You, and people like you, scare me a lot more than Donald Trump.

So what is Cohen’s brilliant plan for reversing the will of the people?

Under the 25th Amendment to the Constitution, the vice president, together with a “majority of either the principal officers of the executive departments or of such other body as Congress may by law provide” can remove the president for being “unable to discharge the powers and duties of his office.” No doubt the mere mention of incapacitation would summon a horde of lawyers to Washington to contest it or the meaning of every term. But it is plain that the 25th Amendment does give a role to Cabinet members that is not generally considered when they are up for confirmation. This time, however, they should all be asked whether they are aware of the 25th Amendment and, if need be, whether they would be willing to implement it.

This is so ignorant, so foolish, so intellectually dishonest and so manifestly illegal that I still can’t believe that it isn’t some kind of a terrible joke.

Cohen has readers who trust him and his judgment:it is a betrayal to misuse his influence to propose nonsense like this. The 25th Amendment is entirely there to deal with actual disability, as when Ronald Reagan was shot, when Woodrow Wilson was incapacitated by a stroke, or Eisenhower had a heart attack. There is no ambiguity, in either the Amendment’s wording or the legislative record. “Unable to discharge the powers and duties of his office” cannot be tortured into meaning “not what Richard Cohen, Hollywood, Harry Reid and Rosie O’Donnell believe is a qualified President.”

But such is the current ugly derangement on the Left, and if it does not diminish public respect and trust of Democratic Party further—make that even further—I will be surprised.

_________________

Source: Yahoo!

 

 

Ethics Observations On Wendy Davis’s Controversial “Wheelchair Ad” Attacking Greg Abbott

/ Jack Marshall / 6 Comments

1. The campaign of Texas Democratic gubernatorial candidate Wendy Davis has issued an attack ad directly referencing gubernatorial rival Greg Abbott’s partial paralysis, and includes the image of an empty wheelchair. Davis could claim—and will, if she hasn’t already–that  the implication that his use of a wheelchair argues against his qualifications to be governor is inadvertent or imagined, except that her supporters were caught in a Project Veritas video mocking Abbott for his disability, and Davis has made gaffes relating to his handicap before, as when she said that he hadn’t “walked a day in her shoes.”

2. She is a member of a party with supporters in the media ready to pounce on any Republican who makes a similarly provocative reference to an opposing candidate’s race, religion, ethnicity, gender or “abled status.” The double standard is certainly a campaign boon to Democrats, but they have to take advantage of it a bit more subtly than this.

3. What is primarily wrong with the ad, however, isn’t the wheelchair, or the use of tactics that would called an appeal to bigotry if they were used by Republicans. It is that the arguments the ad seem to be making are stupid, unfair and wrong, and ones that Davis, who is a lawyer, must know are stupid and wrong, or she is stupid and wrong. Continue reading →

Kansas Politics Ethics Sludge (Cont.): In Taylor v. Kobach, The Court Rules That The Statute Was Violated In Compliance With The Statute…

/ Jack Marshall / 23 Comments

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I write here often that we must distinguish between law and ethics, and as a lawyer, I am comfortable with the reality that a decision required by the law may be unethical, in that the results may harmful and undermine the broad goal of what a law or laws are supposed to accomplish: a healthy society, a functioning government, a safe and happy public and justice. Just as doctors need to develop emotional armor that allows them to go on practicing medicine when the operation is a success but the patient dies, so must judges learn to move on when interpreting a law as written has an absurd result, and they must allow that result to occur. I understand all that.

I still can’t understand the opinion in Taylor v. Kobach, however.Maybe someone can explain it to me with a straight face. The opinion itself is beyond reproach, clear and unassailable. The problem is that it ignores the Mastodon in the courtroom: the letter that the opinion deems sufficient to meet the requirements of the statute in question embodies a lie, and defeats the intent of the very statute that the court is using to declare the letter valid.

How can judges do that? How can they stand doing that? Continue reading →