The “Russian DNC Hacks”: Who Do You Believe, And Why Should You Trust Them?

russia-sign

Here at Ethics Alarms, the starting point for ethical analysis is the question, “What’s going on here?” It’s impossible to reach a fair and useful conclusion about where any conduct falls on the right/wrong scale unless one has a clear picture of what the conduct is--what happened and why. The still percolating saga of the  hacked Democratic National Committee e-mails so far defies ethical analysis, because so many of the key facts are in doubt, so much of their impact is a matter of speculation, and virtually all of the participants, sources and advocates for one interpretation or another are untrustworthy.

I have never seen anything like it.

“What’s going on here?” I really have no definitive answer, but lets slog though the muck:

I.   Some of what’s going on here is that Democrats, progressives and Clinton bitter-enders are making a concerted effort to use the fact that troubling DNC e-mails were released to the news media and the internet late in the Presidential campaign to prove the theory that Russian interference with the election was responsible for the victory of Donald Trump. This, they argue in turn,  justifies regarding Trump as an “illegitimate President,’ thus justifying ignoring the election results, defying the election results, impeaching Trump immediately, blocking his swearing in, treating him in discourse and conduct as if he had just been convicted of beastiality rather than elected President, “doing something” to “stop him,” and obstructing anything he tries to do to govern.

Another way of putting it is that Democrats want to throw the nation into something perilously close to a Constitution crisis, a revolution, a civil war, and the unraveling of the nation itself because they couldn’t manage to win an election that should have been a breeze, and they refuse to accept accountability.

2. This, I can say without restraint, is unethical beyond question, and despicable as well.

3.The Russian hacks theory is the fourth wobbly leg of the Democratic Party’s  “We refuse to accept the results of the election because Trump is unfit to be President as shown by the fact that he said he might not accept the results of the election” position. The other legs: 1)  the Electoral College isn’t a legitimate way to choose a President, even though it would have been if it elected Hillary Clinton, and should be retroactively repealed, discarded or defied 2) Trump was elected by morons, racists, xenophobes, woman-haters and morons, while the virtuous, intelligent Americans voted for Hillary, and they know best, and 3) The head of the FBI, who saved Clinton’s candidacy by a very generous interpretation of her highly suspicious conduct after a strangely informal interrogation, thus causing Republicans to question his independence and integrity, intentionally sabotaged Clinton’s coronation by keeping his public promise to Congress that he would alert it if there were any new developments.

Since these are 1) ignorant 2) anti-democratic and 3) ridiculous, all adding up to pathetic and desperate, the weight of the whole effort now rests on Leg #4.

4. Much of the mainstream news media is bolstering that leg by short-handing the story in headlines and print as Russian “hacking of the election.” This characterization is a lie. The ongoing Ethics Alarms Fake News Project, which is dedicated to settling on what “fake news” is (another “What’s going on here?” inquiry) questions how this is any less fake news than “Pope Tells Followers To Support Trump.” Both are intentional lies, designed to confuse and mislead, with the mainstream media lie far more insidious, since only microcephalics are even a long-shot to buy the Pope story, whereas the Democratic Deranged, unhinged by confirmation bias and an inexplicable trust in journalism, are eager to accept the Russian lie. Fact: nobody, anywhere, has alleged that the Russians “hacked the election.” The only way an election gets hacked is when there is interference with the vote totals. “The claim that the ‘election was hacked’ is a bit of a misnomer,” writes former CBS reporter Sheryl Atkinson. “There’s no standing allegation by U.S. officials that the Russians (or anyone else) “hacked” into our elections system or altered vote counts.”

No, the term “bit of a misnomer” is a misnomer for “lie.” I would describe Atkinson as a hack by engaging in such equivocation to shield her colleagues, but that might confuse people. Continue reading

A Lawyer Ponders: “Will Obama Pardon Clinton? And If He Does, Will She Accept?” An Ethicist Answers…

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Over at The Hill, lawyer David Weisberg examines the questions in the title above. Frankly, I assumed that Hillary needing a pardon from Obama was a dead issue, but Weisberg persuades me that it might not be.

Let’s begin by pointing out that it would be gallactically stupid for the Trump Justice Department to prosecute Clinton. Doing so would be a guaranteed circus; it would inflame Democrats who are already resembling The Human Torch, and it would appear to be a political prosecution. A winning President tries to put his losing opponent in jail would reek of banana republic vengeance, and that’s one reason why no American President has ever done it.

This is Donald Trump we are talking about, however, so who knows? Certainly many of his more angry and less grey matter-blessed supporters would love to see Hillary in the slammer. I am hoping and praying that Trump either is smarter than this or has advisors who can talk him out of his worst ideas, but I am not as confident as I should be. Weisberg makes the reasonable point that Hillary may not be confident either:

“Since being elected, Trump has been remarkably warm towards the person he used to call “Crooked Hillary.” But how confident could Clinton be that the Justice Department, under a Trump administration, would not prosecute? Prosecutorial decisions are supposed to be independent of political considerations, so Trump’s recent friendliness should not be controlling once the new attorney general is in office.”

That last sentence is both true, and following the wretched partisanship of the Obama Justice Department, very much in the category of  legal fiction. Continue reading

“Fake News” Of The Day: Nate Silver Says Clinton “Almost Certainly” Would Be President If Not For Comey

A bit bored, are we, Nate?

A bit bored, are we, Nate? Not a football fan?

The Left’s fury over the fact that their certifiably awful candidate somehow managed to lose to even more certifiably awful Donald Trump is unabated. Indeed, it seems to be getting worse, as Democrats, progressives and social justice warriors continue to reveal themselves as poor losers and lousy citizens—but spectacular hypocrites—by both trying to undo the election and attempting to undermine the legitimacy of the President Elect before he even moves in to 1600 Pennsylvania Avenue. At the same time, the Democratic Party is teaching our children, if they read Politico, that denying accountability and blaming others for your own botches is acceptable adult behavior. It wasn’t their fault that they managed to blow an election against an adversary they publicly wished for. It was the Russians! The FBI! The Electoral College! The news media! The voters hate women–even women hate women!

It was Hillary Clinton, of course, but never mind. Yesterday’s headline in The Washington Examiner and a few other news sources are sure to give the Democrats solace: Nate Silver (the acclaimed statistics guru who nonetheless joined other poll-readers to pronounce Hillary an odds on favorite to win on November 12 but with a bit less certainly than the rest, so he remains a genius by being less wrong), it said, had pronounced that “Clinton ‘almost certainly’ would be president if not for Comey.”

This is fake news. Why? I could go into detail about why it’s an irresponsible opinion and based on logical fallacies as well as confirmation bias, which Nate is supposed to understand, but that wouldn’t make the story fake news. It is fake news because Silver never said what the headline claims.

Silver, who actual writes up positions he believes are accurate on his blog, apparently was bored on Sunday so he began musing in a series of tweets.

“Comey had a large, measurable impact on the race. Harder to say with Russia/Wikileaks because it was drip-drip-drip,” he said in the first. This became, in the Examiner story, “Comey had a large, measurable impact on the race,” leaving out the second part of the tweet, the part that meant “I think, but it’s impossible to be sure because other things were happening too.”

I have to say, Nate is really sloppy here. One way Comey had a larger impact than he should have was because of the way the Clinton campaign reacted to his first letter, which he was ethically obligated to write. They sicced other lawyers on him (lawyers who were looking for jobs in the upcoming Clinton Administration); they even accused him of breaking the law, which was ridiculous. They made themselves, that is, Hillary, look guilty by attacking the same guy they had called a great American just a couple of months earlier for not recommending that the candidate be indicted. Continue reading

For Once, To “Move On” Concerning Clinton Scandals Is The Right Thing To Do

No.

No.

Ethics Alarms didn’t want to make heads explode all over American by designating the President Elect an Ethics Hero, for that would go too far. Still, his statement to the New York Times that he won’t recommend prosecution of Hillary Clinton, adding that she has already “suffered greatly,” is a welcome one as well as the ethical course to take.

The news, shocking to some of Trump’s more vindictive followers and also to those who, for some reason, believed that anything Trump has said, promised, pledged or mused about isn’t subject to reversal at any time, was revealed in tweets from New York Times reporters Mike Grynbaum and Maggie Haberman, who attended a meeting between the President-elect and reporters and editors at the paper. The reporters tweets were confirmed by Trump’s campaign manager, Kellyanne Conway.

One of the Clintons’ prime strategies when they are caught in misconduct is to deny, deny, deny while delaying and stalling, throwing up smoke, confusing the issues, boring most of the public stiff and making their accusers seem like Inspector Javert from “Les Miserables.” Then, before there is any resolution and the investigations seem as stale as last year’s Halloween candy, the Clinton Corrupted, on cue, begin saying that it’s time to “move on, ” which translates into, “Let the Clinton (one, the other, or both) get away with it.” The perpetually juvenile far-left activist group Move-On.Org was launched by that mantra during Bill Clinton’s impeachment travails.

It is an infuriating tactic since it has worked so often, but for once, the argument dovetails with ethics. The United States political process, much as hyper-partisans would enjoy it to be otherwise, must not descend into the ugly practices of lesser nations, where leaders and politicians who fall out of power face show trials, imprisonment and even execution. If there has ever been an incoming President who might be expected to push us in that undemocratic and divisive direction it is Trump, who appears to be historically ignorant and has only rudimentary ethical instincts at best. During the presidential campaign, Trump pledged to appoint a special prosecutor to re-open investigations of  Clinton’s possible security breaches and possible influence peddling while at State. He happily joined his throngs as they chanted “lock her up!,” and in one debate  muttered to Hillary that if he were President, “you’d be in jail.” Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 3

denial

Continuing from Part 1 and 2…

9. Hillary Clinton’s presidential campaign circulated a draft letter critical of James Comey to former federal prosecutors, implicitly inviting them to comment publicly.  (This is an implied but unenforceable quid pro quo. These people are good...) Eric Holder, naturally, former US attorney general Michael Mukasey and poor, disgraced former Bush AG Alberto Gonzalez heeded the dog whistle, all disgracing themselves in the process.

Not one of them are privy to the evidence involved, and for these men to be using their positions and reputations to level charges and accusations at a high-placed law enforcement official based on speculation and partisan warfare is unethical. It is unfair, and  undermines the public trust. This is always something that former officials should avoid, as a near absolute. The Golden Rule also applies. These men know how hard these jobs are, and what they would have thought about  ex-officials criticizing them. Basic professional ethics principles discourage this.

Holder, of course, is a proven Clinton hack. Gonzalez might even make Comey look better by criticizing him, so thoroughly discredited is he. (My guess is that he’s desperately attempting to fashion a new pubic image.)

Mukasey’s comments may have been the worst of all. He took the opportunity of the current controversy to attack Comey again for his decision not to recommend that Clinton be indicted. (Meanwhile, CNN used his name in a misleading headline implying that he was criticizing Comey for his letter to Congress. It initially fooled me.) Speaking of the earlier Coney statement, he said,

“This wasn’t Comey’s call. It is not his function as director of the FBI to decide who gets charges and doesn’t. It’s his function to gather evidence. And he didn’t fulfill that function very well. But it’s certainly not his function to get up and pronounce on whether charges should be brought or whether a reasonable prosecutor would ever bring them.I don’t think he should have been this fix. I don’t think he should have put either himself or the bureau or the Justice Department in this fix.”

Wrong (1): it was Comey’s call, because Loretta Lynch told the public that Justice would accept the recommendation of the FBI regarding Clinton’s possible prosecution. Did Mukasey follow the story? I guess not.

Wrong (2): Comey’s extensive public statement in July was necessary to ensure transparency and trust after Loretta Lynch stupidly allowed Bill Clinton to appear to be brokering a deal with her. Presumably Mukasey wouldn’t have done that.

Wrong (3): So Comey did notput either himself or the bureau or the Justice Department in this fix.” Obama put them in this fix, by allowing his Secretary of State to skirt security policies. Holder put them in this fix, by operating such a blatantly partisan and political Justice Department that public trust in a fair investigation of the presumptive Democratic Party presidential candidate was impossible. Lynch put them in this fix, by not resigning.

To his credit, Mukasey did dismiss Harry Reid’s and Richard Painter’s Hatch Act nonsense with appropriate disdain, saying, “That’s baloney. I mean, you know, it’s sort of an amusing talking point for three and a half seconds, but it’s not serious.”

10. The issue is not whether Donald Trump is as corrupt and dishonest as Hilary Clinton, or even more so. In trying to shift focus to Trump to allow Clinton, as usual, to wiggle out of the well-earned consequences of her own wrongdoing by distraction, confusion, and diversion, Clinton’s corrupted allies are throwing every accusation and innuendo at Trump that they can concoct or dig up. It-Doesn’t-Matter. Trump is horrible, the bottom of the barrel, UNDER the barrel, at the bottom of a long, narrow pit under the barrel. Understood. That still doesn’t make Hillary less corrupt, less untrustworthy, and less dishonest. Nor less ruthless, cynical, manipulative, venal and totalitarian.

Continue reading

Unethical Quote Of The Week: Barack Obama [UPDATE: He’s Quoting Himself!]

Queen of Clubs

“Hillary Clinton is consistently treated differently than just about any other candidate I see out there. There’s a reason we haven’t had a woman president.”

—-President Obama, playing the gender card, since the race card isn’t applicable, in a campaign speech in Columbus, Ohio.

How disgraceful is this? I know it’s a campaign speech and some hyperbole is expected, but there are limits. The statement is dishonest, insulting, divisive and stupid.

Hillary Clinton is treated differently “than just about any other candidate”? Does he mean Trump? That’s the only other candidate running for President, and sure, he’s treated differently: he’s routinely demonized in the news media, from which he received almost nothing but sneering, negative coverage, and called the equivalent of Hitler by members of Obama’s party. Nobody ever blames the bad press he gets on sexism. I guess she is treated differently.

Of course, Hillary is also the only allegedly feminist Presidential candidate who rose to power on the coattails of her more successful and powerful husband, whose rise she assisted by threatening the victims of his sexual advances into fearful silence, whose claim to being a Wall Street reformer is undercut by the huge speaking fees-as-access gifts she received from big financial firms, and who violated both ethical principles and her oath before Congress by shaking down foreign powers for gifts to her family foundation, aka slush fund, while Secretary of State.

She’s one of two candidates repeatedly caught in substantive and trivial lies, but the only one who secretly violated both her own Department’s policies and basic principles of competence by using an unauthorized e-mail system, exposing classified information to acquisition by hostile powers, destroyed potential evidence she knew would be subpoenaed, and lied to the press and the public about it for over a year. As a result of this and more, only 43% of women find Clinton trustworthy.

SEXISTS!

Oh, wait…

Those 43%, by the way, can only find Clinton trustworthy because they are gender-biased or pathetically gullible, because she is so clearly untrustworthy. Sexism is the only reason she has as much support as she does! Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 2

Continuing from Part 1…

I swear, I didn't pick this photo to make James Carville look crazy or nasty. This is really what he looked like today...

I swear, I didn’t pick this photo to make James Carville look crazy or nasty. This is really what he looked like today…

5. The uproar over Clinton’s private server use and possible security breaches being investigated further with FBI inquiries into the newly uncovered Huma Abedin e-mails seems oddly out of proportion to its substance, at this point. The violent reaction of Democrats and Clinton’s campaign is more suspicious than the information itself. The immediate default to accusations of political and professional misconduct is itself unfair and unethical, and reminds those who are open to being reminded of the Clinton habit of bullying and threatening adversaries, including honorable ones. Just as Trump cannot seem to help himself from lashing out disproportionately at every affront real or imagined, the current over-reaction is itself disturbing. There are too many bullies and thugs in the Clinton camp.

6. Next to Harry Reid, the most publicized accuser of Comey has been Richard Painter, a law professor at the University of Minnesota and the chief ethics lawyer in the George W. Bush White House from 2005 to 2007. He has filed a Hatch Act complaint against Comey with the federal Office of Special Counsel and Office of Government Ethics. As with Reid’s accusation, his is unjustified. Unlike Reid, Painter is intelligent, informed and honorable, and I can only speculate why he has jumped the rails like this. Painter argued in a New York Times op-ed on Sunday that Comey’s intent can be inferred from the absence of a good reason for sending the letter.

Huh? He had a good reason, and as a lawyer and ethics expert, it should be obvious. He didn’t want to be accused of lying to Congress, or to believe that he was lying to Congress. That’s an excellent reason. There are others. “Absent extraordinary circumstances that might justify it, a public communication about a pending F.B.I. investigation involving a candidate that is made on the eve of an election is . . . very likely to be a violation of the Hatch Act and a misuse of an official position,” Painter claims. Okay, but there were extraordinary circumstances. Public distrust of law enforcement institutions is at a dangerous, all-time high. Every decision is attacked as corrupt or politically motivated by one party or the other. The particularly volatile  situation of a Presidential candidate being investigated by the FBI was greatly exacerbated by the Attorney General allowing herself to be pulled into an inappropriate and improper meeting with the husband of the candidate under investigation shortly before a decision whether to prosecute was due–I’d call that an “extraordinary circumstance.” Comey has been trying to restore the integrity of the Justice Department, which Holder and Lynch, along with President Obama, has allowed to be seriously soiled. He may or may not have made the right choice, but for Painter to file a complaint alleging intentional political bias based on his actions alone is irresponsible. Writes Jonathan Turley, also a law professor of note, and one who does a better job avoid partisan bias than Painter does:

“Comey was between the horns of a dilemma. He could be accused of acts of commission in making the disclosure or omission in withholding the disclosure in an election year. Quite frankly, I found Painter’s justification for his filing remarkably speculative. He admits that he has no evidence to suggest that Comey wants to influence the election or favors either candidate. Intent is key under the Hatch investigations.  You can disagree with the timing of Comey’s disclosure, but that is not a matter for the Hatch Act or even an ethical charge in my view.”

“Or even an ethical charge.” Bingo. And those are harsh words from the usually excessively mild Turley.

I’m not sure what’s going on with Painter, whose opinions I have followed for years. I have followed him, and even argued with him occasionally, on the excellent legal ethics blog, the Legal Ethics Forum, where he is a contributor. If he is a Republican, he’s either a disillusioned one or a strange sub-species. Most of his posts tilt leftward, and they are almost all political in nature, in sharp contrast to everyone else. He obviously has no respect for the Republicans in Congress, and is as vehemently anti-Trump as I am. Unlike me, apparently, he seems to have allowed his rational contempt for Trump lead him to a damaging bias in favor of Hillary Clinton. Ethics complaints should not be used as a political weapon. Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part I

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[The first example of an Ethics Train Wreck or ETW (Ethics Alarms Definition: Ethics train wrecks are chains of unethical conduct created by a central unethical action. As the event becomes more complex and involves more participants, it becomes increasingly difficult to sort out right from wrong, and all parties who become involved with the episode in any way are at risk of engaging in unethical conduct themselves, intentionally or inadvertently.) that spawned a second ETW, or sub-train wreck to a train wreck, was the Trayvon Martin-George Zimmerman ETW, which has launched  several (Ferguson, Freddie Gray). I am now forced to designate the Hillary Clinton E-Mail Scandal, previously just a prominent car, perhaps even the engine, on the Hillary Clinton Presidential Candidacy Ethics Train Wreck, as an ETA itself. Since the revelation of the letter FBI director Comey sent to Congress explaining that the investigation into possible Clinton criminal wrongdoing regarding her reckless handling of official State Department communications was no longer to be considered “completed,” passengers have been leaping onto this rampaging juggernaut like there was free Halloween candy on board. I have no choice. In what I fear will be just the first of many, this post will sort out the latest developments.]

1. The word that best expresses the reaction of the Clinton campaign, its media allies and Hillary’s supporters is fury. The emotion in this context resembles the moment in every action film when the super-villain or evil mastermind who was sure that victory was his suddenly discovers that through an amazing confluence of factors, he’s going to lose after all. This comparison is not flattering to Hillary, her minions and her corrupted, but it is apt. They really believe that they deserve to get away with years of unethical and incompetent conduct and more than a year of lying about it, and go into election day with it all a distant memory, sure to be spun as just another conservative “nothingburger” …until the next time.

If there is anything worse than unethical practitioners of politics, it is smug and arrogant ones. To some extent I resent being led so forcefully to schadenfreude, but still, this crew so deserves its present pain!  They also deserve to have voters go into their booths November 8 still uncertain of just how dishonest and corrupt Hillary Clinton is, wondering if, as with Richard Nixon in 1972 (Hillary is this generation’s Nixon, except that he was more skilled, and she has the gender card to play), there are more ugly shoes to drop.

I have written this before and recently, but it bears repeating: Hillary Clinton has nobody to blame for this crisis but herself. She could have played by the rules; she could have turned everything over to State immediately, including the mysterious 30,000 “personal” emails; she could have admitted misconduct and ignorance; she could have been honest to journalists and the public. If she had done these things, the entire episode would have been negated before 2015 was out. Being angry at James Comey makes as much sense as Trump being angry at his various sexual assault accusers, and it is just as much an indication of base character.

2. The news media’s taking the cue from the Clinton campaign and reporting this as a James Comey/ FBI story is yet more proof of news media bias and its efforts to assist Clinton. Comey was cheered by Democrats (and accused of conspiring to clear Hillary by Republicans) for not recommending an indictment of Clinton when the investigation was first closed. We have since learned that his decision was very unpopular among his subordinates. The argument that the same man is now showing political bias against Clinton makes no sense.

Here is the most unethical headline yet in the “Let’s smear Comey for Hillary” division. The New York Times. this morning, on the front page, proclaims: “James Comey Role Recalls Hoover’s F.B.I., Fairly or Not.”

Who’s “recalling”? Nobody who remembers Hoover’s FBI and isn’t trying to impugn Comey unfairly would make this comparison. This is a cognitive dissonance attack, despicably seeking to link Comey to the infamously racist, extorting, power-abusing founder of the FBI. Continue reading