Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

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“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading

The Seventh Annual Ethics Alarms Awards: The Worst of Ethics 2015, Part 1

Donald and Hillary

Sigh.

Watching the (encouraging) Iowa Caucuses results drip in last night, I was reminded that I hadn’t finished the task of completing the Seventh Annual Ethics Alarms Awards for 2015’s Worst in Ethics. There are two reasons for my tardiness: a lot of other ethics issues have arisen of late, and this job makes me physically ill. It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty.

Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…

Ethics Train Wreck of the Year

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The Illegal Immigration Ethics Train Wreck

One reason 2015 was a train wreck fest was that last year’s winners, the Ferguson Ethics Train Wreck, which begat the Freddie Gray Ethics Train Wreck, both begat by the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, and The Obama Administration Ethics Train Wreck, were still running amuck this year as well. The latter managed to run head-on into the immigration mess, with the President over-stepping his Constitutional limits to decide unilaterally not to enforce the law, and the Middle East foreign policy fiasco, causing Democrats to bury their heads in the sand and deny that admitting unvetted Syrian refugees into the country was unacceptably dangerous, and Republicans to start talking like 1930s Germans. Then everyone was demonizing the issue, including the President and all of the Presidential candidates. Runners-up: The Donald Trump Presidential Campaign Ethics Train Wreck and the Hillary Clinton Presidential Campaign Ethics Train Wreck

Fraud of the Year

Rachel Dolezal, the militant, angry, anti-white NAACP official who, we discovered, was lily white and had magically become black by “identifying” so.  This ridiculous episode neatly encapsulated the entire year, which included sexual predator-enabler Hillary Clinton becoming a feminist champion by identifying as one, Bruce Jenner turning himself into herself by just saying so (and cashing in as a result), and President Obama making failed policies successful by repeating over and over that they were. RUNNER-UP: The Illinois Lottery, which first lures poor citizens into paying millions they can’t afford for a distnat chance at a jackpot, and then doesn’t pay up when one of them wins.

Incompetent Elected Officials of the Year

Every elected official involved in the Flint, Michigan water disaster. Plenty of unelected officials were accountable too, but I don’t have a category for them.

Sexual Predator Of The Year

 Bill Cosby. He won this category handily in 2014, and added about 20 more alleged victims to his total this year. Who know how long he will hold the title? Meanwhile, his own Ethics Train Wreck sucked in Walt Disney World, the Smithsonian, and Claire Huxtable, among others.

Runner-up: Bill Clinton. Karma’s a bitch. Continue reading

Jumbo Alert, As An Integrity And Corruption Check For Pundits, Journalists, And All Your Hillary Clinton-Defending Friends Looms

Jumbo film

The real test of when someone will lie to your face is when they will insist that their former, perhaps bias-supported but still sincerely-held position is still valid after all justifications for it have vanished. This is Jumbo territory, the point where Jimmy Durante, giant elephant in tow, shrugged to the accusing sheriff in front of him and said, “Elephant? What elephant?” That, however, was a joke. This is tragic.

Many of us knew we would reach this point long ago, of course. As many, including me, have documented since the New York Times first broke the story of how Hillary Clinton had defied policy, best practices, competent national security management, technology common sense and perhaps the law by receiving and sending her official State Department e-mail on a home-brewed server. First she said there was nothing improper about doing this, then she said she had received no classified information, then she said she had received no material marked classified. She trotted out rationalizations: “everybody did it,” “other Secretaries of State did it,” “don’t sweat the small stuff,” ultimately adding a rationalization to the list, “It wasn’t the best choice.”

Those of us who have followed the pattern of Clinton scandals over the years knew that her camp was running out of smoke when it defaulted to the old “vast right wing conspiracy” diversion that worked so well—for a while—during the Monica Mess. The facts have been pretty clear for a while now, to anyone with the honesty and fairness to acknowledge them. Hillary Clinton, for her own convenience (as she has said) and to keep her communications out of the view of Congress, the public, political adversaries and law enforcement as she mixed personal business, politics and influence peddling with her official duties, willfully endangered US security and even the lives of intelligence personnel by handling official communications in an insecure manner.

The FBI has been investigating all of this—not her, her campaign keeps reminding us, just the e-mails!—and the State Department, which has been acting as a partisan ally when it’s duty is to the American people, finally was forced by a judge to review and turn over the e-mails involved, other than the ones Clinton had destroyed by her lawyer (nothing suspicious or irregular about that). With each new batch revealed, more e-mails that contained classified information have been found. Former Defense Secretary and CIA director William Gates said this week that Russia, China and Iran, among other foreign nations, probably hacked Clinton’s e-mails, “given the fact that the Pentagon acknowledges that they get attacked about 100,000 times a day.” Meanwhile, State has identified over 1,200 emails that it deems classified were sent over Hillary’s private server, making her first denials ridiculous, and her ultimate denials an admission of gross negligence and stupidity, even if they were true. The Secretary of State didn’t discern that any of 1200 e-mails contained information requiring care and confidentiality? This is the “I’m not corrupt, I’m stupid” defense, which is one no Presidential candidate ought to be allowed to get away with, especially one being extolled by the current President for her alleged competence and experience.

Now the walls, and the facts, are closing in. Yesterday, the Obama administration confirmed for the first time that Hillary Clinton’s home server contained closely guarded government secrets, and announced that 22 emails that containing material requiring one of the highest levels of classification were so sensitive that they could not be released.  Is that clear? These are communications that were on an insecure server, vulnerable to hacking, that Clinton saw, and either didn’t recognize as such—she’s not that stupid—or didn’t care enough to start being responsible. With such e-mails, it doesn’t matter if they are marked: they are self-marking: big, loud, throbbing documents that any Secretary of State, even Secretary Gump, must know are classified because of their content.

The State Department revelation came three days before  the Iowa presidential caucuses, and, incredibly, the Clinton campaign complained about the timing! Yes, it is certainly outrageous to let voters know about the duplicity and incompetence of a candidate for President before they vote for her. This is how Clinton thinks. If that doesn’t bother you, get help.

Federal law makes it a felony for any government employee to mishandle classified information, and here comes the integrity check. With this new information, Clinton has no defense. By definition, allowing top secret information to be received and perhaps forwarded on an insecure, private server is mishandling, and illegal.  Clinton’s campaign, of course, is lying and spinning: the current tactic is to dismiss this as an inter-agency dispute over what is classified. (The Clinton-enabling Vox made bolstering this deflection the centerpiece of its “explainer”) However, when the current State Department is so sure of 22 e-mails’ top secret character that it feels it must withhold them from the public and the media, it is obvious that this was no close call, especially since State has been covering and spinning for Hillary to a disgraceful degree already.

So the facts speak: Yes, she lied. Yes, she endangered U.S. security. Yes, she willfully exposed classified documents to hacking by our enemies. Yes, she did this for her own personal and political benefit.

Yes, she broke the law, and this law ain’t jaywalking. Continue reading

The Late Senator Dale Bumpers Was An Ethics Corrupter Of Historic Significance: That’s His Legacy

Impeachment ticket

Former U.S. Senator Dale Bumpers (D-Ark) has died at 90, and his obituaries respectfully note his successful political career that led him to the Arkansas State House as well as Washington, D.C. His death is nicely timed with the re-emergence, thanks to Donald Trump and Bill Cosby, of scrutiny of Bill Clinton’s proclivities as a sexual predator. Bumpers played a key role in not only allowing Clinton to escape accountability for that reprehensible conduct and other conduct required for him to continue it, but also in corrupting the Presidency, the public and the nation.

Good job, Senator. Sorry you’re dead, but now, while you are briefly back in the public eye, is the time to be clear about your legacy.

On January 21, 1999, late in the Clinton impeachment proceedings on the Senate floor, recently retired Senator Dale Bumpers took center stage to defend his fellow Arkansas Democrat as he fought for his political life. The fact that Bumpers was allowed to make such a speech proved that the proceedings were rigged, and were nothing but partisan theater. I don’t think Chief Justice Rehnquist, who supposedly presided over the impeachment “trial,” should have allowed Bumpers to speak; maybe the Chief Justice had to: I am unclear on whether he could have acted like a judge if he wanted to. Bumpers was not then a member of the body, and he introduced no evidence. Indeed, his entire function was to mischaracterize the issues, confuse the public, and remind his Democratic colleagues that their first duty was to the party rather than the nation.

That being the case, he did his job well.

Reading the transcript of his speech again for the first time in over a decade, I was struck at how terrible—cynical, misleading, dishonest—it was. The speech essentially distilled all of the rationalizations and excuses, repeated ad nauseum by Lanny Davis and others on cable TV since the Monica Lewinsky scandal had broken, into a credible imitation of a sincere, non-partisan appeal by an elder statesman. Masterful it was; it was also rotten to the core. Continue reading

Ethics Corrupter Weekend, Part II. Unethical And Corrupting Quote Of The Week: PBS Anchor Judy Woodruff

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“But, for the audience, why does it matter? Why did that — why does it matter whether she was saying one thing?”

PBS anchor Judy Woodruff, in a discussion of the Benghazi hearings and the revelation in her e-mails that Hillary Clinton immediately discounted the YouTube video explanation that she later embraced without equivocation in public statements and interviews, as well as in discussions with the victims’ families.

Has there ever been a more self-evident unethical quote from a U.S. broadcast journalist?

What does it matter if the Secretary of State lied to the public?

What does it matter if the liar is a candidate for President?

What does it matter if our leaders “say one thing” to confidants—in Clinton’s case, her daughter, and another to everyone else?

What does it matter if the Obama administration falsely and intentionally  blamed four deaths on a YouTube video, rather than the fact that Obama’s claims of eviscerating al Qaeda were campaign hype?

What does it matter???

Sure, Judy, and what does it matter if the mainstream news media doesn’t care if our leaders are trustworthy and honest, and regard outright lying by them as trivial?

I’m not going to waste any more time explaining what’s unethical about this statement. Any adults who can’t figure it out on their own are lost causes, and to explain it to normal people insults their intelligence.

_____________________

Pointer: Newsbusters

As Ethics Corrupters Run Amuck, Ethics Alarms Presents “Ethics Corrupter Weekend”! Part I: “Truth” Is False

Truth

“Truth” is in theaters now, and reportedly bombing. As soon as I learned about the source of the film (disgraced ex-CBC producer Mary Mapes’ memoir, “Truth and Duty: The Press, the President, and the Privilege of Power”) and its plot, I resolved not to watch it, as I would just end up walking out of it. Nonetheless, the fact that Robert Redford is connected with the project is profoundly disappointing. Redford is the ultimate Hollywood liberal, but his films have often been about ethics, and I regard him, or perhaps past tense is more appropriate, as having principles and integrity. True: actors need not agree with or endorse their roles or the projects of others, but Redford is unusual: he lends credibility to any project he allows to carry his name.

Connecting his name to “Truth” is a betrayal. The film makes martyrs of Mapes and Dan Rather, who attempted to tilt the 2004 election by smearing George Bush, without evidence, on “60 Minutes.” Not only was this a political hit job by biased journalists, it was one tainted by intentionally manufactured evidence. Mapes and Rather presented a forged document alleging that Bush went AWOL during his Texas Air National Guard service in the early 1970s. It was all the pair had that went beyond hearsay to make the allegation, and after the document was decisively shown to be a forgery (its font wasn’t available on the typewriter that had to have been used to make the original document.) Once the forgery was discovered by an enterprising blogger and confirmed by multiple document specialists. Rather and Mapes embarked on a rationalization orgy. Rather, to his undying shame, repeated his defenders’ argument that the forgery as “fake but accurate,” and does to this day, in essence rejecting journalism ethics wholesale. So determined was he to prove what he believed to be true but couldn’t prove fairly or ethically that he cheated, playing dishonest political operative to achieve worthy partisan goals “by any means necessary.”

Bias makes us stupid, and in this case, bias made Dan Rather corrupt.

AND stupid. Continue reading

The Last Of Deflategate, And What It Means

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

I have received a lot of mail seeking my reaction to a judge reinstating Tom Brady and vetoing Roger Goodell’s harsh punishment decree. My reaction is that this is bad for football, the NFL, and the culture, and one more step toward validating cheating as an accepted cultural norm, not just in sports, but in the nation itself. Once upon a time, sports were supposed to model good sportsmanship, integrity and fairness. This episode demonstrates how far from that we have come. It is a serious and troubling development.

From a legal standpoint, I get it. I assumed that Goodell knew the limits on his own power: silly me. Apparently the NFL’s labor deal neutered the absolute power of a Commissioner to do what he felt was necessary to protect the integrity of pro football. Unions seldom care about the integrity of their game, at least not when their members’ money is involved. The original sports league commissioner, baseball’s Judge Kenesaw Mountain Landis—Damn! Why didn’t we name our son “Mount McKinley Marshall”?—banned Shoeless Joe Jackson and his team mates from baseball forever after a jury had acquitted them of throwing the World series for bribes. His drastic action probably saved baseball, and has influenced the sport to this day. Goodell’s failure, in contrast, promises to do lasting harm.

Remember, the judge didn’t exonerate Brady; he just ruled that Goodell didn’t have the power to punish him. There is no doubt in my mind that Brady cheated, just as there was no doubt in the NFL’s investigator’s mind. There is also no doubt that you could not prove Brady’s guilt beyond a reasonable doubt. The idea behind absolute power in a sports commissioner is that sports contests must be viewed as being fair or people will stop watching, and any hint of cheating and corruption must be banished. I agree with that idea. Baseball flunked its most crucial recent test when Bud Selig didn’t have the guts to pull Barry Bonds off the field when he was breaking records on steroids (and everyone knew it); pro football has been flunking one test after another. Society is becoming more cynical and more tolerant of cheating, and I think professional sports are as much a cause as a symptom.

Why am I convinced Brady cheated? Many factors, none of which individually are conclusive:

  • The conditions under which the cheating took place: bad weather, a play-off game, the team behind.
  • The Patriots’ well-established contempt for the rules.
  • The fact that a quarterback knows the feel of his tool, footballs, and that an experienced one like Brady could not possibly have been unaware that the balls he was throwing were even a little bit underinflated.
  • Brady’s evasive, smug, wink-wink ha-ha demeanor in multiple venues regarding the incident, like a high school jerk who knows he’s getting away with something and thinks its hilarious.
  • The immediate “everybody does it” defense from Brady’s fellow quarterbacks. (That’s not a defense. That’s an admission.)
  • The “it didn’t matter, they would have won anyway” defense from the same quarters. This is also an admission of cheating. Cheating is wrong whether it works or not, and whether it is necessary or not. NFL fans don’t even know what’s wrong with cheating any more….because the players don’t.
  • Some of the absurd defenses raised by Brady’s defenders, including his team, like the argument that one of the equipment guys involved in the incident was only called “the Deflator” in a contemporaneous text message because he was on a diet.
  • The fact that Brady destroyed his cell phone to avoid its contents being searched. This is spoliation, the destruction of potentially incriminating evidence, and suggests, but doesn’t prove, guilt. If he had done it in a criminal investigation, it would have been itself a crime. Ethically, the act is just as wrong whether it is a crime or not. (See: Clinton, Hillary)

I believe most Patriots fans know he cheated too. They just don’t care: he’s their star, and the team won the Super Bowl. The ends  justify the means. Continue reading

Ethics Bulletin! Hillary Apologizes! And It’s Pathetic!

I just can't bear to put up another Hillary photo, and the graphics for "fake apologies" are all memes, so here's an adorable bull dog puppy.

I just can’t bear to put up another Hillary photo, and the graphics for “fake apologies” are all memes, so here’s an adorable bull dog puppy.

I really, really wanted to be through with Hillary Clinton today…this week…as long as possible. You’ve got to believe me!

Then comes this breathless announcement from ABC News: Hillary finally apologized!

Of course, when you have said repeatedly that there was nothing to apologize for, and you aren’t going to apologize, see no reason to apologize, because you did nothing wrong, and it was allowed, and lots of others had done similarly without anyone making a fuss, and the whole thing is nonsense, and made up by Fox News and Republicans, and then you apologize because you can’t stop the criticism and your advisors are saying “FOR THE LOVE OF GOD, HILLARY, THE MEDIA IS  BEGGING YOU TO APOLOGIZE AND MAYBE IF YOU GIVE THEM WHAT THEY WANT WE CAN BURY THIS!!!!,” what kind of apology is it?

An insincere apology. A desperate apology. A cynical, dishonest, Machiavellian apology, containing no contrition, humility, acknowledgement of wrongdoing, remorse or acceptance of consequences. In other words, not an apology at all. Just another tactic,

Is anyone really fooled by this? If you are, what’s the matter with you?

Even by fake apology standards, this was awful. Clinton said (my comments in Hillary Soul Black):

“I do think I could have and should have done a better job answering questions earlier.

You mean better as in not using one rationalization after another, lying , falsely claiming that the e-mails of the Secretary of State contained no classified information before you adopted the Clintonian “no e-mails marked as classified?” Or better as in doing a better job lying?

“I really didn’t perhaps appreciate the need to do that.

Because Clintons never appreciate the need to tell the truth unless they are about to be exposed. Because Hillary is only running for President—why would she appreciate the need to be transparent and honest to the public? Why, though, was the alternative to doing a better job answering questions sending out one smirking, talking-point programmed surrogate after another to say that the issue was a sham? Why didn’t she appreciate the need not to do that?

“What I had done was allowed, it was above board.

In other words, she still refuses to admit she did anything wrong! What’s she apologizing for?  And no, it was not above board, because it was a secret private server specifically designed to keep Clinton’s communications hidden when she wanted them to be. “Above board” means in open sight; without tricks, concealment, or disguise.” Her handling of the e-mails  was the opposite of “above board” by definition. Continue reading

UPDATE: Hillary’s Ongoing Corruption Of Democrats, Progressives, and The News Media, Featuring MSNBC’s Andrea Mitchell And Washington Post Editorial Cartoonist Tom Toles

First, Toles. This cartoon ran on Sunday:

Toles

Isn’t that nice? The whole e-mail episode, investigated by the FBI, raising issues of mishandling of classified information (which is a crime), destruction of evidence (which can be a crime, but is always unethical and suspicious) and competence (Hillary says the security implications of making sensitive communications on a private server never occurred to her!), and which Clinton continues to stonewall and lie about, is just an invention of the news media!

Poor Hillary! Look how frustrated she is! How can sending out paid spinners and liars to muddy the water and confuse the issues be a cover-up? How can destroying e-mails before they can be reviewed be a cover-up? How can the State Department employee that she paid to moonlight as her private e-mail tech taking the Fifth Amendment to avoid testifying to Congress be part of a cover-up? How can an obvious cover-up be a cover-up?

This isn’t an ‘editorial cartoon.’ This is Spinning for Hillary, and for the Post to give it center page dominance on its editorial page is endorsing deception and partisan propaganda. Toles has always been a simplistic progressive hack; his cartoons make his predecessor Herb Block look even-handed. This goes beyond hackery, though, to misleading the public.  Or do you believe this is his real opinion? If so, he is too naive and dim-witted to have an editorial voice.

Andrea Mitchell’s Hillary enabling is of a different sort: rank cowardice. Continue reading

Tales of The Corrupted: David Ignatius’s Hillary E-mail Scandal Whitewash, PART TWO….And, As Usual, The Sequel Is A Horrible Disappointment

David Ignatius: Liar, undisclosed Clinton operative, disgrace. Your move, Washington Post.

David Ignatius: Liar, undisclosed Clinton operative, disgrace. Your move, Washington Post.

This, it turns out, is even worse than I thought. Ignatius, whom I once respected, is more corrupted than I thought. The mainstream news media’s shameless and unethical enabling of Hillary Clinton’s lies and misconduct is worse than I thought, and I already thought it was bad.

In this post, I highlighted an op-ed column by Washington Post columnist David Ignatius, which used classic rationalizations to argue that Clinton’s conduct wasn’t a “scandal’ because 1) it wasn’t a crime; 2) if it was a crime, it was unlikely to be prosecuted; 3) everybody does it, and 4) the public is used to such misconduct, so it can’t be a scandal.

One of Ignatius’s sources, extensively quoted, was, in his words, “Jeffrey Smith, a former CIA general counsel who’s now a partner at Arnold & Porter, where he often represents defendants suspected of misusing classified information.”

What I didn’t know, and Ignatius’s readers didn’t know, but Clinton knows, and Smith knows and Ignatius definitely knew but intentionally didn’t disclose to his readers, was that Jeffrey Smith… Continue reading