Tag Archives: double standards

Ethics Quote Of The Day: Five Ninth Circuit Judges

“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.

For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”

—-Five judges of the U.S. 9th Circuit Court of Appeals  (Judges Jay Bybee,  joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.

The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.

“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.

Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by  U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies  on the campaign rhetoric of President Trump and statements by  chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz  have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.

Now that’s a double standard!

In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977).  The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…

“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”

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Comment Of The Day: “Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just …Wow.”

Spartan (“Sparty” to her friends) is a D.C. area lawyer  and professional woman, was well as the mother of girls. Thus her observations on the travails of women in the Halls of Power have special interest.

Here is Spartan’s “Comment of the Day” on post,  Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow:

I am going to criticize Ms. Conway for a minute, and I hope you all bear with me.

I am a career woman and, in fact, am the breadwinner for my family. Jack’s sister and I probably could exchange endless stories about the challenges of being a successful white collar female. I accept this as a fact in my life and recognize that I am held to a different standard without being bitter or loud about it. I did not wear red and stay home today despite the protest. In fact, I was supposed to be out of the office for meetings all day but deliberately came into the office so there would not be a presumption that I was taking part. I do not wear low cut dresses or stiletto heels. I do not sleep around the office — and never have. Continue reading

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Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow.

Great apology there, Cedric. Ugh.

Why do I think this story is a big deal? I think it’s a big deal because it exposes–

…the white-hot hatred of Republicans by so much of the Left, on the level we have seen with Sarah Palin being attacked for running for office while being a mother, and Martin Bashir on MSNBC wishing that someone would defecate in her mouth, to the extent that they are literally willing to abandon and reject their own alleged core principles…

…calling into question whether they even are core principles, rather than calculated pandering to receptive groups, and thus..

…raising the specter of epic hypocrisy, which is a lack of integrity and honesty.

Then there is this: I have a brilliant younger sister. She is a lawyer, a litigator, a singer, and actress, the hardest working person I know, and someone who has always been able to match or surpass me in every field. Yet I have watched as her achievements have occurred in the teeth of a stiff wind of sexist bias, often making her unhappy, angry, resentful and stressed when she deserved so much better. Growing up with her, it never occurred to me that this kind of prejudice existed until I was the captain of the high school chess team, and saw how the other teams’ players—all male: our team had the only female players (3) in the Greater Boston chess league— were openly contemptuous that a “girl” would presume to challenge them. It was great: my sister slaughtered them. She is a merciless chess player, a killer, and didn’t merely beat her male opponents but humiliated them. She had the best record on the team. Yes, gender bias is personal with me. I hate it.

To briefly recap: Cedric Richmond, an African American  Democratic Congressman, leeringly implied, as a speaker at an event, that KellyAnne Conway’s posture in a photo taken in the Oval Office, “really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.” It was a reference to fellatio, and the old, old slur against successful women that they “suck their way to the top.” This was obvious and blatant, and yet when conservatives and Republicans–and only conservatives and Republicans—protested, Richmond, incredibly, denied that his comments had any offensive content or intent. He is a liar.

Then, in the wake of  stunning silence of any leader of the Democratic Party, major feminist, major news organizations and liberal pundits, CNN’s Jake Tapper pressed Rep. Richmond’s leader in the House, Nancy Pelosi, to condemn his remarks. She refused, and also lied. One prominent Democrat without portfolio or post, Chelsea Clinton, did condemn that “joke,” which hardly salvages the party’s integrity and honor. Her mother? Madeleine Albright? Elizabeth Warren? Donna Brazile? Michelle Obama? Senator Gillibrand? Maureen Dowd? Rachel Maddow? Anyone? Hello? Bueller?

Crickets. Yet it was undeniable, as one pundit noted, that a Republican who made such a comment about Valerie Jarret would have been “run out of town.” Wrote The Federalist’s Bethany Mandel yesterday,

This “on her knees” comment from a sitting Democratic lawmaker was largely ignored by the liberal media and those who consume it. This comment is just one of many recent incidents of sexism aimed in Conway’s direction, justified because she’s a traitor to her gender, as many feminists have claimed; a female Uncle Tom. Instead of being applauded for her groundbreaking work as a campaign manager on the biggest upset political campaign in American history, Conway is fodder for attacks on her looks and sexuality, often at the hands of individuals who claim to be feminists.Our president may have a history of misogyny, but it’s becoming increasingly clear many of those in the resistance against him are merely fair-weather feminists: happy to wage or at best ignore attacks on women based on their sex because they think it’s fair to attack the president at any cost.

Bingo.

Now comes the next chapter, as those who have exposed their deep hate and corrupting hypocrisy try to worm their way back into the public trust. Continue reading

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Double Standards, Hypocrisy, News Media Bias, “Bias Makes You Stupid” And Cognitive Dissonance—This One Has Them All! Thanks, Ben Carson!

Here come some dreamy immigrants, longing to be free!

HUD Secretary Ben Carson is, as we learned last year, an idiot, or perhaps and idiot savant. He’s also a Republican and currently in the Trump Administration. Clearly, anything he says is likely to be  ridiculous, and probably offensive. Barack Obama, on the other hand, is brilliant. Brilliant, I tell you! He is also idolized by journalists—he sends a thrill up Chris Matthews’ leg!—, and, indeed in part because he is a Democrat and a liberal. Obama is also, of course, worshiped by blacks, intellectuals and progressives. Carson is black too,  but he is a Republican and a conservative, so the black thing is cancelled out.

Now, what happens when Carson and Obama say exactly the same thing?

While speaking to a group of employees at his department on Monday, Carson said:

“There were other immigrants who came in the bottom of slave ships, who worked even longer, even harder, for less, but they too had a dream that one day their sons, daughters, grandsons, granddaughters, great grandsons, great granddaughters might pursue prosperity and happiness in this land.”

What an idiot! “Immigrants?” mocked the NAACP. The Washington Post, New York Times, the Hill, Politico, and others headlined Carson’s comments, so bizarre, stupid and insensitive were they. Listen to this dummy! And Trump appointed him as a Department head! “Ben You’re A Fool! Slaves were not Immigrants! headlined the Miami Herald.

Now, a while back, when the brilliant, progressive, President Barack Obama ,said this about slave ships:

We say it so often, we sometimes forget what it means — we are a nation of immigrants. Unless you are one of the first Americans, a Native American, we are all descended from folks who came from someplace else — whether they arrived on the Mayflower or on a slave ship, whether they came through Ellis Island or crossed the Rio Grande.

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Why Shouldn’t Baseball Star Jose Abreu Be Deported?

No,no,no! Not “passport to eating,” EATING A PASSPORT!

There was a trial, still ongoing,  in a Federal court in Miami last week, where sports agent Bartolo Hernandez and baseball trainer Julio Estrada were tried before a jury for alien smuggling and conspiracy. Prosecutors say they operated a ring that took Cuban players from the Castros’ island to other countries where they could established residency and sign lucrative Major League Baseball contracts.  The big surprise in the trial came when star Chicago White Sox first baseman Jose Abreu told a Miami federal jury Wednesday how he ate his fake passport while flying to the U.S. to cover up the fact that he was arriving illegally as a prime participant in the smuggling operation.

Abreu said he ordered a beer on an Air France flight from Haiti to Miami and used it to wash down the section of his passport showing a false name with  his photo. The reason the unique meal was urgent? Money. Abreu was about to  miss an October 2013 deadline that would forfeit the $68 million agreement he had in place withe White Sox.

“If I had not been there on that particular day, the deadline, then the contract would not be executed and would no longer be valid,” Abreu told jurors. “We had to be in Chicago to sign the contract.”

Ah. Then that’s all right, then!

Abreu the was American League Rookie of the Year in 2014. He  testified under a grant of limited immunity, meaning he wouldn’t be prosecuted if he told the truth on the witness stand.  Jurors learned that the slugger got the fake passport in Haiti, where he and his family had escaped to from Cuba by speedboat in August 2013. One of the associates of Hernandez and Estrada—naturally, the smugglers got a cut of Abreu’s contract—obtained the fake passport and booked the Air France flight, telling the ballplayer to destroy the document on the plane. .

He did not tell him to eat it. Continue reading

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Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces

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Everyone—almost literally everyone— involved in the Jeff Sessions flap has beclowned themselves and revealed that a gerbil running around in a wheel is powering their ethics alarms.

These include such previously noted Ethics Dunces as..

  • Attorney General Jeff Sessions, who couldn’t or wouldn’t answer a simple question clearly….
  • Democrats, who continue to act like spoiled siblings trying anything to make mommie get mad at the one she likes best, embracing conspiracy theories, smearing former colleagues, and generally morphing into walking, talking rectums before America’s eyes, to appeal to their deplorable hard core base made up of people who completed that mutation long ago…
  • Senator Chuck Schumer, displaying a partisan double standard so blindingly, throbbingly obvious than anyone can identify it….
  • Senator Claire McCaskill, engaging in perhaps the best timed hypocrisy and inexplicable amnesia of all time….
  • Deranged Trump-haters, determined to expose their legal ignorance to the world, who proclaimed Sessions guilty of perjury, when he obviously was not…
  • Every reporter, editor and news source who rushed into the trap of declaring that having contact with the Russian ambassador justifies  being “linked’ to Russia, when any dolt should have known that by that formula, anyone in Washington could be “linked” to Russia or be accused of having “Russian ties.”

But wait!

There’s more!

Now we have… Continue reading

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Ethics Observations On The AG Sessions-Russian Ambassador Controversy

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To bring you up to date—from the Times yesterday:

“…[N]ew questions were raised about Attorney General Jeff Sessions’s ties to the Russians. According to a former senior American official, he met with the Russian ambassador, Sergey I. Kislyak, twice in the past year. The details of the meetings were not clear, but the contact appeared to contradict testimony Mr. Sessions provided Congress during his confirmation hearing in January when he said he “did not have communications with the Russians.”

“I have no idea what this allegation is about,” he said. “It is false.”

Sean Spicer, the Trump White House spokesman, said, “The only new piece of information that has come to light is that political appointees in the Obama administration have sought to create a false narrative to make an excuse for their own defeat in the election.” He added, “There continues to be no there, there.”

…On Wednesday, a Justice Department official confirmed that Mr. Sessions had two conversations with Ambassador Kislyak last year, when he was still a senator, despite testifying at his Jan. 10 confirmation hearing that he had no contact with the Russians. At that hearing, Mr. Sessions was asked what he would do if it turned out to be true that anyone affiliated with the Trump team had communicated with the Russian government in the course of the campaign. He said he was “not aware of any of those activities.”

“I have been called a surrogate at a time or two in that campaign and I didn’t have — did not have communications with the Russians, and I’m unable to comment on it,” Mr. Sessions said at the time.

However, Justice officials acknowledged that Mr. Sessions had spoken with Mr. Kislyak twice: once, among a group of ambassadors who approached him at a Heritage Foundation event during the Republican National Convention in Cleveland in July and, separately, in an office meeting on Sept. 8. The contacts were first reported by The Washington Post.

From today’s Times:

Attorney General Jeff Sessions, facing a storm of criticism over newly disclosed contacts with the Russian ambassador to the United States, recused himself on Thursday from any investigation into charges that Russia meddled in the 2016 presidential election…Many top Democrats demanded Mr. Sessions’s resignation, and a growing number of Republicans declared that he should not take part in any investigation into the case, given his own still largely unexplained role in it.

But Mr. Trump stoutly defended Mr. Sessions, one of his few early champions on Capitol Hill. “He could have stated his response more accurately, but it was clearly not intentional,” he said in a statement, which accused Democrats of engaging in “a total witch hunt.”

…Mr. Sessions insisted there was nothing nefarious about his two meetings with the Russian ambassador, Sergey I. Kislyak, even though he did not disclose them to the Senate during his confirmation hearing and they occurred during the heat of the race between Hillary Clinton, the Democratic nominee, and Mr. Trump, whom Mr. Sessions was advising on national security….

In his account on Thursday of the more substantive meeting, which took place in his Senate office on Sept. 8, Mr. Sessions described Mr. Kislyak as one of a parade of envoys who seek out lawmakers like him to glean information about American policies and promote the agendas of their governments.

“Somehow, the subject of Ukraine came up,” Mr. Sessions said, recalling that the meeting grew testy after the ambassador defended Russia’s conduct toward its neighbor and heaped blame on everybody else. “I thought he was pretty much of an old-style, Soviet-type ambassador,” Mr. Sessions said, noting that he declined a lunch invitation from Mr. Kislyak.

Mr. Sessions’s decision to recuse himself was one of his first public acts as attorney general. He said he made the decision after consulting with Justice Department officials, and he denied misleading Senator Al Franken, Democrat of Minnesota, when he said in his confirmation hearing that he had not met with Russian officials about the Trump campaign.

“In retrospect,” Mr. Sessions told reporters, “I should have slowed down and said, ‘But I did meet one Russian official a couple of times, and that would be the ambassador.’ ”

Observations:

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