“high crimes and misdemeanors”

Comment Of The Day, Rebuttal #1: “Morning Ethics Warm-Up, 4/4/2018:…A Presidential High Crime…”

/ Jack Marshall / 5 Comments

Is Teddy looking down from Rough Rider Heaven and smiling at Trump’s Big Tweet?

Of course, I knew suggesting that President Trump’s deliberate attacks on Amazon via Twitter was an impeachable offense would set heads a-blowing. The resulting debate has been fascinating, with interesting historical parallels being proposed. This comment, by Chris Marschner, is the first of two erudite and well argued rebuttals.

Not to hold you in unnecessary suspense, I am not convinced or dissuaded. I do not see Teddy Roosevelt’s  policy-oriented attacks on the era’s monopolies, correctly leading a movement to reform an area of widespread capitalist abuses that eventually were agreed to be criminal, with Trump’s tweeting crudely phrased animus to the public. Nor do I find Obama’s general criticism of big money lobbying efforts by energy interests in general and the Kochs in particular at the same level of abuse of power as Trump taking aim at the owner of the Washington Post,

I am a lifetime fan of Teddy, but he crossed many lines, and could have been legitimately impeached himself. As I have stated before in multiple posts, the power of the Presidency is too great to be abused with casual wielding against individuals and named businesses. As always, there are exceptions.  I’ll concede that taking on the robber barons and the monopolists in the early 20th Century can be fairly designated as one.  Chris seems to feel that there is a close parallel in Amazon’s growing power, but that’s not the case the President chose to make, instead focusing on a deal Amazon forged with the Postal Service, as much to keep the latter in business as to benefit Amazon.

Basic lessons in POTUS leadership: if you are going to cross lines of appropriate uses of  power, 1) You better be right and 2) Be Presidential about it.

Other examples, like Obama designating Massey Energy as responsible for the Upper Big Branch mining disaster before the investigation was complete, can not be so easily excused, but can be fairly labelled a mistake. (Obama made many, too many, such mistakes.) Trump’s attack on Amazon is neither as limited as Obama’s mistake, not as carefully considered and justifiable as Roosevelt’s trust-busting. I would like to see future Presidents restrained from abusing power in this way, even if it takes a trail before the Senate to do it. If we don’t restrain it, we will be sorry.

But the other side has some good arguments: by all means, read them.

Here is Chris Marschner’s Comment of the Day on the #2 in “Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid”:

I would like to point you to this in 2015:

https://www.usatoday.com/story/news/politics/2015/08/26/war-words-obama-v-koch-brothers/32423959/

“When you start seeing massive lobbying efforts backed by fossil fuel interests, or conservative think tanks, or the Koch brothers pushing for new laws to roll back renewable energy standards or prevent new clean energy businesses from succeeding, that’s a problem,” Obama said at the summit. “That’s not the American way.”

“Josh Earnest said the exchange illustrates the kind of president Obama set out to be.”

“This is exactly why the president ran for office, it’s why he ran for this office, is that for too long, we saw the oil and gas industry exert significant pressure on politicians in Washington, D.C.,” he said. And when Obama fights that influence, “the special interests, including the millionaires and billionaires that have benefited from that paralysis, start to squeal. And I guess in this case, at least one billionaire special interest benefactor chose to squeal to a Politico reporter.”

This type of rhetoric does not include Obama officials publicly stating (incorrectly and improperly) that one of the Koch brothers paid no income taxes. (http://freebeacon.com/politics/hazy-memories/)

Is it only an abuse of power when referencing specific individuals? Does it matter if you say the 1% don’t pay their fair share or is it an abuse of power only if you identify them by name?

I will concur with the Koch brothers that it is beneath the dignity of the president to go after a specific individual, but to suggest that it amounts to even a misdemeanor abuse of power is a stretch. If calling out a specific firm is an impeachable offense then why was there no call to impeach Obama when he routinely criticized and mocked Koch Industries, Fox News and others that did not line up with full throated support of his agenda.

But , Obama was not the first to chastise “punch down” on a business person. Who can forget the trust buster himself Teddy Roosevelt. JP Morgan was singled out for bad behavior. Continue reading →

Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid

/ Jack Marshall / 163 Comments

 

http://www.youtube.com/watch?v=BPoiac9I9OY

Wake Up!

1 Fake history, baseball style. Broadcasts of Red Sox games from Fenway Park in Boston refer to “the Pesky Pole,” the official name of the tall, yellow foul pole in right field. It is named in honer of the late Johnny Pesky, who also is honored in a statue outside the park—it featured him and his team mates and longtime friends, Ted Williams, Dom DiMaggio, and Bobby Doerr. Pesky, with a couple of brief interruptions,was a Red Sox lifer, beginning with his 1942 rookie season, and ending with his death several years ago as an honorary coach. In between, he was Sox minor league manager, the big team’s manager, a hitting coach and a broadcaster.

The Pesky Pole got its name because the notoriously power-free shortstop reputedly hit several of the few he managed to slug in his career by knocking a pitch  around the marker, which arose from  what is now the shortest foul line in baseball. The  low Fenway right field fence veers sharply out from there to over 400 feet, so such homers are considered, and indeed are, lucky flukes. During his brief and undistinguished tenure as a Red Sox radio color man, former Red Sox pitching ace Mel Parnell repeatedly told the story about how Johnny won a game for Mel in 1948 with a pole-shot. This tale led directly to the team officially naming the pole on September 27, 2006, on Pesky’s 87th birthday, with a commemorative plaque placed at its base and everything.

Afterwards, and not before, someone actually checked the game records. Pesky never hit the home run  described by Parnell. He only hit six home runs in Fenway at all, and nobody knows how many hit the pole, looped around the pole, or even went to right field. (Pop-ups hit by Punch-and-Judy hitting shortstops sometimes landed in the screen over the left field wall for home runs, as the cursed Bucky Dent can attest.) Nevertheless, the fake history is in place: the Pesky Pole is named that because Johnny Pesky hit a famous home run off of it, or was famous for looping cheap homers around it, or something.

Baseball excels at creating fake history, the most notable being represented by the locale of its Hall of Fame, in Cooperstown, New York. When the museum was envisioned, the accepted story about the game’s origin was the Union general Abner Doubleday invented the sport in 1839 and organized the first game in Cooperstown. After the construction was underway,  research suggested that everything about the Doubleday tale was rumor and myth, but baseball and the museum’s management, in one of the all-time classic examples of adopting the philosophy of the newspaper editor in “The Man Who Shot Liberty Valence,” went to great lengths to keep the original story before the public. Eventually some hard evidence surfaced suggesting that the game was invented by Alexander Cartwright, who was eventually inducted into the Hall as the game’s creator, while Doubleday is not. Nonetheless, the myth survives. Major League Baseball Commissioner Bud Selig, for example,  said in 2010 that “I really believe that Abner Doubleday is the ‘Father of Baseball.'” This is the equivalent of saying that one believes in the Easter Bunny.

Selig was later inducted into the Hall of Fame.

2.Believe it or Not! I would support impeaching  President Trump for his tweeting attacks against Amazon. This is such an abuse of Presidential power that it demands at least a Congressional reprimand or sanction. Amazon lost $53 billion in market value in the wake of the tweets, meaning that investors, retirees, and ordinary Americans lost wealth as well. It is unconscionable for a President of the United States to deliberately target a company, just as it is wrong for a President to punch down at a private citizen, but the consequences of doing what Trump has done to Amazon is far, far worse. The Wall Street Journal suggested in an editorial that if the attack on Amazon was politically motivated because Amazon mogul Jeff Bezos owns the Washington Post, impeachment would be justified. Yes, that would be even worse, but it is not an essential element of this “high crime.” The President of the United States must not abuse his power by intentionally harming lawful businesses.

The foolish resistance is so focused on trying to impeach Trump based on exotic laws and imaginary conspiracies that it doesn’t see the real thing when it’s right in front of its face, and the anti-Trump media has so destroyed its credibility by embracing ridiculous impeachment theories that a valid one will just look like more of the same. Continue reading →

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

/ Jack Marshall / 25 Comments

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 →

Is The President Checking Out A “High Crime or Misdemeanor”?

/ Jack Marshall / 19 Comments

Toppled-King

Anyone who understands President Obama’s behavior the last few months is invited to step forward, and anyone who has a benign explanation for it need to step in front of him. It is so bizarre and unprecedented that amateurs and professionals alike are offering psychological diagnoses. Has any American leader ever responded to failure, adversity and crisis with this kind of a disgraceful combination of defiance, bitterness, and detachment? I can’t think of any.

It is said that during the darkest days of Watergate, President Nixon sank into depression. Franklin Pierce coped with the stress of watching the Union unravel over slavery by staying smashed as much as possible. Woodrow Wilson’s battles with Congress probably helped provoke the stroke that incapacitated him. None of these are really comparable to the current President sinking to gratuitous campaign mode, calling Republicans derogatory names and impugning their motives and humanity, while openly alternating between obsessive fundraising and vacationing the rest of the time as the world is desperate for American leadership.

Say what you will about Bill Clinton, and I often do, but the man never capitulated, gave up, or stopped battling no matter how much (legitimate) fire he was under during the Monica scandal and his impeachment. At very least, one would think Barack Obama would see the need, as past Presidents have, to model virtues like diligence, responsibility, fortitude, courage, and perseverance for the nation, especially the young.

Nope. Continue reading →