Tag Archives: Fifth Amendment

Two Unethical And Unconstitutional Laws On Guns, One From The Right, One From the Left, Bite The Dust. Good.

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I.

As last year’s flat-out demagoguery about banning gun ownership for citizens placed on the FBI’s no-fly list proved, Democrats will never let the Constitution get in the way of an emotion-based attack on gun rights. A rule  implemented by former President Obama after the 2012 Sandy Hook shooting (“WE HAVE TO DO SOMETHING!!!”) would have required the Social Security Administration to report the records of some mentally ill beneficiaries to the FBI’s National Instant Criminal Background Check System. Those who have been deemed mentally incapable of managing their financial affairs — roughly 75,000 people — would have then been prevented from owning guns.

The American Civil Liberties Union and advocates for the disabled opposed the restriction, which was so broadly drawn that an Asperger’s sufferer could have his Second amendment rights taken away. And what, exactly, is the link between not being able to handle one’s financial affairs and violence? Hell, I can barely handle my financial affairs.

By a 57-43 margin, the Republican-led Senate voted last week  to repeal the measure, and it now heads to the White House for President Trump’s signature.

Iowa Sen. Chuck Grassley, a leading Republican critic of the rule, said that it was filled with “vague characteristics that do not fit into the federal mentally defective standard” that could legally prohibit someone from buying or owning a gun. “If a specific individual is likely to be violent due to the nature of their mental illness, then the government should have to prove it,” Grassley said

Sen. Chris Murphy, a Democrat from Connecticut where the Sandy Hook massacre occurred, and thus obligated to grandstand regardless of the fact that he’s on shaky 2nd Amendment, 5th  Amendment and also Equal Protection  ground, declaimed on the Senate floor,

“The [Congressional Review Act] we have before us today will make it harder for the federal government to do what we have told them to do for decades, which is to put dangerous people and people who are seriously mentally ill on the list of people who are prohibited from buying a gun….If you can’t manage your own financial affairs, how can we expect that you’re going to be a responsible steward of a dangerous, lethal firearm?”

Well, I guess nobody in Congress should own a gun either, right, Senator? Continue reading

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Hillary Clinton: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2009-2016

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The first Ethics Alarms post about Hillary Clinton ironically enough, in 2009, awarded her an Ethics Hero. (She has two.) “I know, I know. Truth and the Clintons have never been friends,” it began. And, looking back, it was a pretty generous award: all she did was describe how an ethical decision is made, and claimed that was how she decided to accept Obama’s invitation to be Secretary of State.  It didn’t prove she actually made the decision the way she said she did, and now, with the benefit of seven years’ hindsight, I think it’s likely that she was lying about it, as usual. Still, it proves that Hillary may know how to act ethically. This distinguishes her from Donald Trump.

Before heading to the voting booth, I decided to review all of the Ethics Alarms posts about Clinton. It is, I think it’s fair to say, horrifying. You can find them all here. 

There are unethical quotes of the week and month, Ethics Dunce designations, Jumbos, where Clinton denied what was in clear view to all, and KABOOMS, where the sheer audacity of her dishonesty (or that of her corrupted allies and supporters) made my skull explode skyward. If you have a recalcitrant Hillary enabler and rationalizer in your life, you should dare him or her to read this mass indictment—not that it will change a mind already warped, of course, but because the means of denying and spinning what they read will be instructive, confirming the symptoms of incurable Clinton Corruption.In July of 2015, I responded to complaints—including one from an ethics professor— that I was not objective regarding Mrs. Clinton, that I was picking on her. The response was a manifesto, stating my standards and objectives: Continue reading

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Ethics Dunces (All-Star “Shut Up And Sing ” Edition): Cher, Lady Gaga, Britney Spears, Billy Joel, Paul McCartney, Jackson Browne,Nick Jonas, Sia, Zayn Malik, Barbra Streisand, Beck, Questlove, Pusha T, Ringo Starr, Sting, Ricky Martin, Lin-Manuel Miranda, Selena Gomez, Stevie Nicks, Michael Bublé, Melissa Etheridge, Trent Reznor, Kesha, Katy Perry, Tony Bennett, Yoko Ono…

Billborad letters

A couple hundred famous singers and musicians have banded together to sign a fatuous and misleading “open letter” to Congress dictating U.S. gun policy. The letter which is being used as a publicity gimmick by Billboard (and the stars, of course), reads:

As leading artists and executives in the music industry, we are adding our voices to the chorus of Americans demanding change. Music always has been celebrated communally, on dancefloors and at concert halls. But this life-affirming ritual, like so many other daily experiences—going to school or church or work—now is threatened, because of gun violence in this country. The one thing that connects the recent tragedies in Orlando is that it is far too easy for dangerous people to get their hands on guns.

We call on Congress to do more to prevent the gun violence that kills more than 90 Americans every day and injures hundreds more, including:

  • Require a background check for every gun sale
  • Block suspected terrorists from buying guns

Billboard and the undersigned implore you—the people who are elected to represent us—to close the deadly loopholes that put the lives of so many music fans, and all of us, at risk.

The letter is many things:

1. It is scaremongering nonsense. Gun deaths are way down, and the odds of any citizen being killed in a mass shooting is beyond minuscule. Based on 2015 statistics by the broadest definition, you have a 0.00000143% chance of getting killed in a mass shooting. These wealthy and privileged people, who often have bodyguards (with guns) have much less of a risk than that. Nothing is “now threatened.” We are safer from gun violence now than five years ago, ten years ago or 20 years ago. Continue reading

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From The Man Who Would Be President, And Who Thinks That Rationalizations Are Cogent Arguments, A Perfect #22

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Just two weeks ago, I breathlessly announced that Former Secretary of State Madeleine Albright, against all odds. had pulled into a lead over Donald Trump for the 2016 Unethical Rationalizations Championship by giving us a perfect #22, the worst rationalization of them all. That’s this one:

22. The Comparative Virtue Excuse: “There are worse things.”

If “Everybody does it” is the Golden Rationalization, this is the bottom of the barrel. … It is true that for most ethical misconduct, there are indeed “worse things.” Lying to your boss in order to goof off at the golf course isn’t as bad as stealing a ham, and stealing a ham is nothing compared selling military secrets to North Korea. So what? We judge human conduct against ideals of good behavior that we aspire to, not by the bad behavior of others. One’s objective is to be the best human being that we can be, not to just avoid being the worst rotter anyone has ever met.

Behavior has to be assessed on its own terms, not according to some imaginary comparative scale. The fact that someone’s act is more or less ethical than yours has no effect on the ethical nature of your conduct. “There are worse things” is not an argument; it’s the desperate cry of someone who has run out of rationalizations.

Now, Donald Trump never runs out of rationalizations; as I wrote in the Albright post, “Trump is capable of hitting the entire list of rationalizations, all 68 of them (including the sub-rationalizations) given the opportunity.” He also rose to the challenge posed by Albright quickly, for he not only gave America a Full 22, he did so in the context of arguing for an unconstitutional government breach of First, Second, and Fifth Amendment rights on a massive scale! Bravo!

On Face the Nation  yesterday, talking about the Orlando shooting,  this idiot—sorry, sorry!—Mr. Trump said..

“Well I think profiling is something that we’re going to have to start thinking about as a country.Other countries do it, you look at Israel and you look at others, they do it and they do it successfully. [DINDINGDINGDINGDING! There are two more rationalizations right there:#1, Everybody Does It, and  #3, Consequentialism, or  “It Worked Out for the Best”! I mean,this guy is a rationalization machine! ] And I hate the concept of profiling but we have to start using common sense and we have to use our heads. It’s not the worst thing to do.” Continue reading

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Unethical Quote Of The Week (And Nominated For Un-Self-Aware Quote Of The Year): Hillary Clinton

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“If the FBI is watching you for suspected terrorist links, you shouldn’t be able to just go buy a gun.”

—–Hillary Clinton, forgetting all sorts of things in her speech in response to the Orlando massacre.

Cowabunga, Hillary!!! Do you think, while I am trying to explain why the only responsible course for an ethical citizen is to vote for a horrible candidate like  you in order to stop Donald Trump from becoming President Asshole, you might at least try not to make it harder by talking like an autocratic idiot yourself? Do you think you could do that, please?

PLEASE???

Not for the first time, Hillary Clinton just made one of those boomerang assertions that applies to her as much as those she is supposedly criticizing. Her all-time classic, of course, was when she said that the victims of sexual abuse had the right to be believed (unless, of course, the sexual abuser is her husband and meal-ticket, in which case she personally will see that said victim is discredited and destroyed.)

Was the statement in her speech even worse? Hmmm, close one! Here is Hillary, herself under a criminal investigation by the FBI for violating a federal law or five and still running for President because, after all,  it’s just an investigation, and in the Land of the Free and the Home of the Brave one does not lose rights and privileges until one is actually convicted in a court of law. And yet here she is saying that an FBI investigation should suspend a Constitutional right.

Talk about throwing blood in the water. Talk about cynically appealing to low information voters. Talk about pandering. Talk about walking into a buzz-saw.

Talk about stupid…

I would not be the first to ask, fairly and accurately, if Hillary also believes that merely being investigated should suspend other rights, like the right to not to be subjected to unreasonable searches and seizures, the right to have a lawyer, the right not to have to incriminate oneself, and the right to free speech? Does she know that the right to purchase a gun is also as much of a right as any of these? Or is she really saying that she wants to eliminate that right?

Perhaps she was just speaking carelessly, irresponsibly and in vague generalities–like, oh, just to pick an example out of the air, Donald Trump.

You’re not making it easy for me, Hillary.

Not at all.

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Three Florida Lawyers Discover How Reporting a Crime Can Be Unethical

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How can you get disbarred for reporting a drunk driver? Three Florida lawyers were up to the task.

Stephen Diaco, Robert Adams and Adam Filthaut were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial, and Judge W. Douglas Baird,  the referee in their legal ethics case,  wrote  that Stephen Diaco, Robert Adams and Adam Filthaut should lose their licenses permanently under the legal ethics standards of the Florida Bar.

In 2013, C. Philip Campbell was representing radio shock jock Todd “MJ” Schnitt in his slander suit against another DJ, “Bubba the Love Sponge” Clem. Clem was represented by the Adams and Diaco law firm. Campbell  left court and went to Malio’s Steakhouse in downtown Tampa, near his home and office. While Campbell was at the eatery, he was spotted by Melissa Personius, a young paralegal who worked for Adams and Diaco.

According to testimony, Personius called her boss, Adams, to report that Campbell was in the restaurant. Then Personius sat next to Campbell and the two bought each other drinks. As the night proceeded, Personius periodically relayed information to Adams. Adams then contacted Diaco and Diaco constacted Filthaut to agree upon next steps. The key was that Filthaut was friends with Sgt. Raymond Fernandez, who was then head of the Tampa police DUI unit, thus was able to sic  the DUI unit on the unsuspecting opposing counsel, who was in the process of being plied with liquor by Adams and Diaco’s attractive paralegal.

When it was time to for the targeted lawyer to leave, Campbell told Personius that she was too tipsy to drive and offered to call her a cab. Personius protested that she didn’t want to leave her car at the restaurant overnight and asked Campbell  if he would move the car for her. “Of course,” he said, nice guy that he is. As Campbell drove her vehicle up the street, he made an illegal turn and was pulled over by Fernandez officers, who were lying in wait. He was arrested and charged with DUI. Continue reading

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Ethics Quote of the Day: Ken White at Popehat

File photo of U.S. Director of Exempt Organizations for the IRS Lerner being sworn in to testify before a House Oversight and Government Reform Committee hearing in Washington

“Pardon me: if you accept the proposition that the government targets organizations for IRS scrutiny because of their political views, and you still say things like ‘why take the Fifth if you have nothing to hide’, then you’re either an idiot or a dishonest partisan hack.”

—-Attorney-blogger Ken White, discussing former IRS official Lois Lerner’s refusal to testify in front of Rep. Daryl Issa’s House Government Oversight Committee

Good point.

Elaborating on the point before this statement, Ken points out why this is so:

“You take the Fifth because the government can’t be trusted. You take the Fifth because what the truth is, and what the government thinks the truth is, are two very different things. You take the Fifth because even if you didn’t do anything wrong your statements can be used as building blocks in dishonest, or malicious, or politically motivated prosecutions against you. You take the Fifth because if you answer questions truthfully the government may still decide you are lying and prosecute you for lying.”

Got it. Or, you take the Fifth because you really did engage in illegal activity in a coordinated effort to obstruct legal political action for partisan motives, on orders from someone with close ties to the White House, which still may be the case.

In the same post, Ken explains that Lerner may have waived her Fifth Amendment right against self-incrimination, or may not. If she has, then she is in contempt of Congress. If she hasn’t, she isn’t.

My observations on this slow-motion ethics train wreck: Continue reading

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