The first reaction some had to this uniquely damning tweet is that Omar was suggesting to the Iranians that they attack the Trump organization hotels. Oh, who knows what her intent is. If it isn’t clear by now that Rep. Omar has greater loyalty to and regard for her Islamic faith and the nations that embrace it than she does for the country where she serves as an elected representative, I don’t know what more she could do or say.
It’s marvelously idiotic tweet. House member though she is, Omar doesn’t know what the emoluments clause means: the archaic Constitutional provision addresses foreign bribes, not potential conflicts of interest arising out of foreign threats. Moreover, if the President put his business interests over national interests, that would lead him to avoid taking action which might risk his business interests.
She does deserve credit for managing to come up with a false motivation for the President killing a vicious terrorist that is even more ridiculous that Elizabeth Warren’s “Wag the Dog” theory.
Omar is openly anti-Semitic, hostile to American interests, and appears to have the reasoning ability of a planarian. The Minnesota district that inflicted her on the nation is accountable for her pollution of the national discourse: there is no conceivable excuse for electing someone with her biases, proclivities, and lack of qualifications.
The Republicans had the sense and integrity to isolate Steve King for his repeated ugly statements evoking ignorance and bigotry. The Democrats should do the same with Omar, and if they do not, it will be fair to ask why. Either they endorse her vile lunacy, or they are too cowardly to risk accusations of being bigoted against Muslims, women, and “house members of color.”
1. Unethical non-traditional casting. Harvey Fierstein is playing Bella Abzug on Broadway. I know that Harvey, being a very large, undisguisably gay, 65-year old actor with a voice that sounds like he gargles piranha, has a tough time finding outlets for his acting and comic ability (he can be terrific, as he was in his Emmy-winning performance in “Torch Song Trilogy”), but that’s no reason to take it out on the late New York Congresswoman. Abzug was a woman, and being a woman was central to her career, appeal, legend, and legacy. She was not, to say the least, an attractive woman, but that does not mean that it is fair or respectful to cast a 275 pound unattarctive MAN to play her on Broadway. Feirstein is an LGBTQ activist and icon, but he’s ethically confused here.
2. Trump shouldn’t have backed down from holding the Group of 7 Summit at the Trump luxery golf club in Miami. Apparently he did so because Republican members of Congress complained about it, and they complained about it because they knew it would spark more bogus accusations of Emoluments Clause violations (Impeachment Plan C).
Any and every negotiations specialist will tell you that holding a meeting of adversaries in your own territory is a massive advantage. That is why such meetings are often held in Switzerland, or other neutral sites. Holding the Summit at a Trump property makes the President stronger at the meeting, and that benefits the country.
It would have been nice—responsible, educational, fair, honest—if the news media explained this basic principle to the public, but it doesn’t want to justify the President’s decisions or find benign reasons for them. It is in thrall to “the resistance,” and doing a complete analysis of factors involved in a decision like where to hold the Summit just detracts from the effort to undermine President Trump and characterize him as a corrupt and crooked fascist who must be removed from office at all costs.
Republican joined the ignorant stampede because, unfortunately, they aren’t very bright, or very brave. Thus the U.S. voluntarily forfeited a diplomatic advantage because Republicans couldn’t articulate why there was nothing sinister, and much advantageous, about a world leader holding a meeting at a property that bears his name. Continue reading →
An appeals panel throws out the emoluments lawsuit filed by D.C., Maryland.
A three-judge panel of the US Court of Appeals for the 4th Circuit held that the District of Columbia and Maryland lack standing to sue President Donald Trump over claims related to his hotel in Washington, D.C. The court ordered a lower court to throw out the lawsuit with prejudice, meaning the lawsuit alleging violations of the Constitution’s emoluments clause could not be refiled.
The Emoluments Clause nonsense has been one of the more contrived “resistance” theories and this lawsuit was part of the organized plan of harassment against the President. Two Democratic jurisdictions filed this purely political suit as their contribution to the “resistance.”
“Even if government officials were patronizing the hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the president enjoined from receiving income from the hotel,” the 36-page opinion said. “The hotel would still be publicly associated with the president, would still bear his name and would still financially benefit members of his family….Neither [emoluments] clause expressly confers any rights on any person, nor does either clause specify any remedy for a violation.”
The unique conflicts of interest issues presented when a multinational business owner becomes President was never imagined by the Founders, and once Trump was elected it was too late to deal with the problem equitably. The Democrats and the news media, not to mention Trump’s Republican rivals for the nomination and the legal establishment—and commentators like me, all neglected their duty to raise the issue in a timely fashion, mostly because they never thought Trump would win. They are all at fault for their own mistake. At some point, however, the issue has to be examined fairly and non-politically, with rules emerging that do not make the Presidency unachievable by anyone who is not a professional politician.
1. Why are some people missing their ethics alarms? A family member owned a horse as a pet, and when the horse got old and infirm sold it to a slaughterhouse for dog food. This caused a long-running rift with the Alexandria branch of the Marshall clan, in which my wife will capture spiders and gently release them into the wild while singing “Born Free.” However, the family horse-trader is a saint compared to Fallon Danielle Blackwood, 24, a veterinary student in Alabama, who offered shelter for rescue horses only to profit by secretly selling the animals to Mexican slaughterhouses. She was arrested on a similar charge last year in North Carolina.
Though the current charges involve just 13 horses, Stolen Horse International, a nonprofit that helps find lost or stolen horses, says Blackwood may be behind the disappearance of dozens more. Her MO was to reach out to those in need of help caring for their horses and offer the equines a loving home at her farm near Boaz, Alabama.
Well, I hear veterinary school is expensive…
2. Why do the news media and the public let Democrats get away with the “immoral and ineffective” talking point? I discussed this in detail here. The latest to use the self-contradictory rhetoric was Rep. Ilhan Omar (D., Minn.), who denounced President Donald Trump’s “quest for a racist and sinful big wall” between the U.S. and Mexico during a speech on the House floor, and followed up with a tweet calling the wall “hateful and ineffective.” Now it’s “sinful” to enforce the borders, is it? How does someone make the argument that border security is “racist” and simultaneously claim that they are in favor of border security? If trying to keep illegal immigrants out is sinful and racist, how can the claim that border security is desirable be anything but hypocrisy?
This argument depends on listeners not paying attention, being complicit in an open borders strategy, or having the IQ of a mollusk.
3. Why do people this inept keep getting elected to Congress? At a Washington reception billed as a “celebration of Asian-American and Pacific Islander (API) members of the 116th Congress,” Hawaii Democratic Rep. Ed Case said that he felt like “an Asian trapped in a white body.” How awful! Trapped in a white body! Yechh! Pooie!
Pandering to racists is a bi-partisan activity, especially in the Aloha State, where hostility to whites is open and palpable. Continue reading →
I can relate. I am so bored with the unchanging patters of the news media’s irresponsible obsession with “getting” Donald Trump, the unethical and obsessed Ahab-like mania of his foes, and the depressing–I’m really ashamed of all of you—conduct of my many left-wing friends who still, after all this time, erupt in unseemly barking and seal-flipper applause over any Trump-hating pundit’s warped analysis. I’m bored, and I don’t understand why everyone else isn’t bored. How can Saturday Night Live fans still pretend to think Alec Baldwin’s amateurish, fury-sweating, repetitive Trump mockery is interesting? We’re at the point now where everything is being repeated from months ago: the resistance is running through the alphabet AGAIN. A few days ago an ex-Obama official went all the way back to the Resistance’s Plan C, the arcane Constitutional dead letter known as the Emoluments Clause, and like the lapdogs they are, the Democrats’ impeachment lynch mob and anti-Trump news media predictably followed suit. This was widely interpreted by cooler heads as a sign of Trump Derangement Desperation, and maybe so, but this is like “Groundhog Day.” I never dreamed that I would still have to write about this 18 months after the initial post-election freak-out—“He’s a Nazi!” “He’s insane!” He’s a racist!” “He stole the election!” “He’s a Russian puppet!” —which was embarrassing enough. And I do have to write about it, because it is, in the end, an ongoing story of Americans acting horribly toward their own institutions, and professionals, who are supposed to be trained to be better, leading the way while in many cases acting worse.
It just kills the blog, as well as the fun of writing it, which has always been the eclectic and broad influence of ethics in our lives. The issue has just gutted traffic here: the anti-Trump virus-infected can’t bear to read any objective commentary that doesn’t drip with hatred of the President, so they retreat to the warm second-hand lies of social media, rapid Trump supporters don’t want to frequent a periodic defender who won’t ignore his flaws, and serious ethics followers who view the whole episode as a bad dream that they would rather not think about while pondering the nuances of utilitarianism find the essays on the topic of the Trump Wars repetitive—which, inevitably, they are.
2. “Animals.” Look at yesterday’s ridiculous effort by journalists and pundits to intentionally misinterpret the President’s off-the-cuff comments in response to a comment about the violent MS-13 gangs at a White House roundtable discussion on the subject of immigration and so-called “sanctuary cities.” Fresno County Sheriff Margaret Mims raised the problem of Mara Salvatrucha gangs, better known as MS-13. “There could be an MS-13 member I know about — if they don’t have a certain threshold, I cannot tell [Immigration and Customs Enforcement] about it,” Mims said, thus triggering a typical Trump word cloud in which he described the gang members as “animals.” Never mind: multiple news sources deliberately omitted the context of Trump’s remarks to advance the “Trump is a racist and hates all immigrants” narrative. Incredibly, this was so blatant that CNN, of all people, decided to weigh in on the President’s side—all the better to allow them to claim objectivity when they smear him later. Continue reading →
I’m really trying hard to be positive today: guaranteed low traffic, behind the Christmas 8-ball, and last night I heard what is, along with the sound of an atom bomb, Nancy Pelosi’s voice, fingernails on a blackboard, and the screaming of the lambs, among the most horrible sounds in existence: that made by a fully decorated, 8-foot Christmas tree falling over….I don’t want to talk about it.
1 Leaks are unethical. What about this is so hard to understand?This story is being widely interpreted as meaning that the reassigned FBI attorney was one of the likely leakers in the agency. Lawyers leaking confidential information related to their representations is unethical, and ground for disbarment, and of course firing with cause. I hope to get to this in more detail later, but the widespread attacks in the media on criticism from conservatives, Fox news and President Trump on the FBI is Bizarro World stuff. The FBI would have no leakers if it were professional, competent and trustworthy. None. The botched Clinton e-mail investigation and the Peter Strzok scandal are proof of deep, deep, incompetence and corruption.
2. Well, there goes Plan C! In discussing Plan J, also now on life support, I laid out the Democrats’ other nine plans to over-turn the election and overthrow the Trump Presidency by non-democratic means ( I also hope to get to this in more detail later, but the widespread attacks in the media on statements from some conservatives and Fox News that Democrats and “the resistance,” aided by the news media, have been attempting a “coup” is Bizarro World stuff as well. The justification for the indignation is that the term coup usually implies a violent overthrow of a government, but there have been coups that were quiet, peaceful and non-violent as well. The key factor in coups is that they are illegal or extra-legal. Calling the various plans to undo a legal election too similar to a coup to ignore places what has been going on since last November in its proper, sinister perspective.
Again: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.” Plan J is to force Trump’s resignation based on alleged sexual misconduct that predated his candidac.
“Judge George B. Daniels of United States District Court in Manhattan found that the plaintiffs had failed to show that they had suffered as a result of specific actions by Mr. Trump intended to drum up business for his enterprises. . . . Beyond that, the judge found, the emoluments clauses of the Constitution are intended to protect the country against presidential corruption from foreign influences or financial incentives that might be offered by either states or the federal government. They were not meant to protect businesses from competition from presidentially owned enterprises, he ruled.”
1. I watched the introductions and about half of Trump’s opening remarks, and had to bail. I just had to. Not that Trump’s manner and speaking style were any worse than before; it’s just that the thought that young people will see this as acceptable public presentation and speaking clarity was too horrible to bear. Even with the verbalization-challenged Bushes, the level of basic language skills and vocabulary wasn’t nearly this bad.
I had to watch an old video of JFK wittily fencing with reporters to get the thought out of my head:
2. Thus this discussion is based on the transcript. I had to search a bit to find an online transcript that wasn’t constantly interrupted by editorial comments and “fact-checks.” These contained a lot of nit-picking and suggestions of deception (and some useful clarifications). It seems to me that the “fact-checks” of Trump feel adversarial, while the recent fact-check of President Obama’s final speech were consistently friendly, and voluntarily refused to take issue with genuinely misleading statements. For example, Obama said, “If we’re unwilling to invest in the children of immigrants just because they don’t look like us, we will diminish the prospects of our own children because those brown kids will represent a larger and larger share of America’s workforce.” NPR’s annotation:
“Via The New Republic: “From 2000 to 2010, a decade during which the white population as a whole grew by just 1.2 percent, the number of white children in the United States declined by 4.3 million. Meanwhile the child populations of Hispanics, Asians, and people of two or more races were increasing.”
But that’s not the fact to check. Who says that anyone is “unwilling to invest in the children of immigrants just because they don’t look like us“? That’s a straw man, and should have been called out (I threw a pillow at the TV screen) as one. Clear-thinking citizens are unwilling to invest in the children of illegal immigrants because they shouldn’t be here, and the more we “invest” in them, the more encouragement we give to foreign citizens to break our laws.
But NPR likes illegal immigration, so this wouldn’t occur to them, I guess.
3. I think it’s fair to say that no previous POTUS or PEOTUS press conference began with a frontal assault on the press for publishing fake news. That’s how this one began, with Sean Spicer attacking the already infamous Buzzfeed story. He also attacked CNN for reporting on Buzzfeed’s report. Here was NPR’s annotation, in part:
“BuzzFeed and CNN both reported on Tuesday about documents alleging that “Russian operatives claim to have compromising personal and financial information about Mr. Trump,” as CNN reported, though the two news organizations presented the information in vastly different ways. CNN mostly focused on who had seen the documents and when, citing unnamed sources and U.S. officials in different places. However, CNN said that while it had reviewed the “35-page compilation of the memos” alleging that link, it was “not reporting on details of the memos, as it has not independently corroborated the specific allegations.”
NPR’s distinction doesn’t excuse CNN. The news media does this kind of thing all the time, it’s true: it reports the fact that an irresponsible news source has reported a rumor, unsourced claim, ora lie, and thus further circulates an account that never should have been published in the first place. Later, Trump was asked about his tweet asking if we were now living in Nazi Germany. (It’s cute to see my Facebook friends fuming about that tweet, when they have been absurdly calling Trump a Nazi for months. Has anyone contacted Harry Belafonte for his comments?) Trump’s response:
“I think it was disgraceful — disgraceful that the intelligence agencies allowed any information that turned out to be so false and fake out. I think it’s a disgrace, and I say that — and I say that, and that’s something that Nazi Germany would have done and did do. I think it’s a disgrace that information that was false and fake and never happened got released to the public. As far as BuzzFeed, which is a failing pile of garbage, writing it, I think they’re going to suffer the consequences. They already are.”
Crude, but fair. It would be been nice if Trump had the wit and historical perspective to remind the assembled, and perhaps teach his audience, what the Big Lie technique championed by Josef Goebbels was and how the Buzzfeed-CNN handoff would have pleased him. I’ve got to learned to lower my expectations. Nevertheless, the Nazi reference in that context was well-earned. It is disgraceful that the dossier was leaked by U.S. intelligence personnel. “Failing pile of garbage” is not Presidential rhetoric (sigh) but the sentiment is correct. CNN capped a week of neon-bright biased and inaccurate reporting across the news spectrum by giving this slimy story greater visibility, thus advancing a Big Lie. CNN deserved its comeuppance, which was soon to come.Continue reading →
Ann Althouse responded sharplyto Ryan Lizza’s hit piece on Donald Trump at the New Yorker, which included the statement, “The Emoluments Clause has never been tested in the courts, but most scholars seem to agree that if Trump doesn’t take the prophylactic approach to his conflicts there is only one other anti-corruption clause in the Constitution available as a remedy: impeachment.”
This is the level of analysis we get at The New Yorker now? It’s on-its-face ludicrous to suggest that “most scholars” could possibly have an opinion on such a specific issue. Who are the “scholars” in Ryan Lizza’s world? They don’t sound like scholars to me. It sounds political, not scholarly.
And I do note Lizza’s use of the weasel word “seem.” Even so, the front-page teaser is so dispiritingly political. I would like to read some serious analysis of this subject, and I am a New Yorker subscriber.
Why are these articles presented in a form that is so off-putting to anyone who’s not tripping on Trump hate?
Well, we know the answer to that one. They are in such a form because the news media is speaking to a progressive Democratic audience—you know, like the reporters and pundits—that wants to believe that Trump’s Presidency is illicit, and this audience is the target of the Democrat/progressive effort to undermine his Presidency from the start. The journalists are hoping to influence the non-committed, the middle of the road, the inattentive but gullible center that can be recruited, the media believes, to its cause. That’s why. Continue reading →
Ethics expert Richard Painter, who was White House ethics counsel from 2005 to 2007, has authored a thorough, convincing and I’m quite certain accurate brief about all the problems arising from soon-to-be President Donald Trump’s vast business connections, and the conflicts of interest they can and will involve. It’s an automatic ethics train wreck. Here’s Painter:
Even absent a quid pro quo, the Emoluments Clause bans payments to an American public official from foreign governments. Yet they will arise whenever foreign diplomats stay in Trump hotels at their governments’ expense; whenever parties are organized by foreign governments in Trump hotels (Bahrain just announced such a party in a Trump hotel this week); whenever loans are made to the company by the Bank of China or any other foreign-government-owned bank; whenever rent is paid by companies controlled by foreign governments with offices in Trump buildings; and whenever there is any other arrangement whereby foreign government money goes into the president’s businesses….How can we expect a Trump administration to rein in loose lending practices, particularly in the real estate sector, when the president himself owes hundreds of millions of dollars to banks? What will he do when a foreign dictator acts up in a country where there is a Trump hotel?
Yikes. Yikes and true. Also Yikes, true, and why are you bringing this up now when there is absolutely nothing that can be done about it?Continue reading →