Hillary Clinton

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

/ Jack Marshall / 21 Comments

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 →

Unethical Quote Of The Week: White House Spokesman Josh Earnest

/ Jack Marshall / 14 Comments

Donna Brazile on State of the Union with Candy Crowley

“Those of us who have known Donna a long time, know that she is a person of integrity and she is a person of high character.”

—-White House spokesman Josh Earnest, responding to a press briefing question about whether DNC chair Donna Brazile, revealed to have unethically used her CNN connection to acquire questions to be posed to Hillary Clinton in a town meeting and a televised debate, and to have passed them along to the candidate, who then pretended to answer them spontaneously.

Thus we now know what the President, his spokesman and Democrats officially regard as “integrity” and “high character.”

Cheating. Continue reading →

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

/ Jack Marshall / 33 Comments

pointing-up

…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

donna-b-tweet

“Rigging,” anyone? Continue reading →

Hillary, Her Minions, And Scooby-Doo

/ Jack Marshall / 8 Comments

Former DNC chair Howard Dean just reinforced his prominent position among the ten most loathsome figures in modern politics with this tweet regarding James Comey’s revelation that the investigation into Hillary Clinton’s mishandling of her official communications via e-mail was being re-opened:

dean-tweet

Dean’s meaning: since Russian hacks of  various e-mail accounts have provided ugly and often sinister evidence of the corrupt attitudes and practices of Hillary Clinton and her campaign, Comey’s required notification of Congress—required, mind you, by basic ethical principles and the rules of the legal profession—makes him a wrongdoer on par with those fueling Wikileaks. After all, without them, Hillary and her minions—including the outrageously complicit news media—would have succeeded in fooling all of the people all of the time. Yes, Comey, damn him, is now “on the same side” as Putin, because he is stripping away Clinton’s facade of trustworthiness.

Even before yesterday’s surprise announcement, the Democratic defense was in place that because Russia was attempting to influence the US election by revealing the filthy underside of Clinton, Inc., including, among other things…

….the inappropriate melding of Sate Department business, pay-to-play incentives, Clinton foundation fundraising and family enrichment

….discussions among aides on how to cover-up Hillary’s e-mail misadventures

….private speeches to Wall Street contradicting her public, anti-Wall street rhetoric, and most disturbing of all,

….collusion by journalists to assist the campaign

….such enlightening evidence should be ignored. This, those well-versed in the Ethics Alarms Rationalizations list will recognize, is   Rationalization #55, The Scooby Doo Deflection, or “I should have gotten away with it!,” in practice. Continue reading →

Comey’s Letter Ignites A Public Seminar On Spin And Disinformation

/ Jack Marshall / 23 Comments

comey_letter_0_1477662300

From the New York Times (Note: the officially declared Trump  reviling/Clinton-favoring  Times is still a solid source on the matter of Hillary’s e-mails, because it broke the story about her private server in the first place.):

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

That’s it, as of this morning. Anything else, at this point, is speculation or disinformation. However, this is undeniable: whatever was found on the computer was considered relevant enough to the question of whether Hillary Clinton knowingly violated federal law and endangered US security in her machinations to avoid FOIA scrutiny of her private dealings to mandate re-opening the investigation, which had been, as the Times notes, closed.

It seems fair to assume that this is all we will know until the election, which means that Hillary Clinton will face the verdict of voters while under FBI investigation. That isn’t good for her, but boy, does she (and the Democrats) deserve it. The Clinton way, as we learned from Whitewater and the other controversies during Bill’s administration, is that when one of their seamy deals provokes suspicion, the game plan is to deny, deny, stonewall, confuse, muddle the story, muddy the water, barely cooperate with authorities, count on the “friendly journalists” to assist, run out the clock, and wait for the public to become so frustrated and bored that the cry of “Let’s move on!” is effective. We have seen this time and time again, because it has worked. This time, her lies and delaying tactics backfired, and left the sword dangling over her head for all to see far too long. Now everyone will have to wonder if Clinton will be declared a felon while in the White House. I’d say that’s extremely unlikely, but you never know, especially with this bizarre election script.

What’s going on here?

What’s going on here is that James Comey played it by the book, and by book I mean the District of Columbia Rules of Professional Conduct governing the ethical conduct of all lawyers within its borders, including Comey.

Rule 3.3 in all jurisdictions (except California, but it has an equivalent rule) requires  lawyers to correct any material representations of fact or law that they have presented in a “Tribunal,” which is defined as an “ajudicative body,” usually a court. Congress and congressional committees are not adjudicative bodies for the purposes of 3,3. However, the most obscure and infrequently cited rule in all of legal ethics, Rule 3.9, says this:

Rule 3.9 – Advocate in Non-adjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3, 3.4(a) through (c), and 3.5.

I have met few lawyers in the government or out of it that have ever read this rule. I know for a fact that lawyers who testify before Congress almost never “disclose” that. However, lawyers—ethical ones, anyway—will correct misleading testimony as Rule 3.3, though 3.9, requires. That’s what Comey did.

It is disgraceful that the FBI’s investigation into a matter bearing on the fitness of a Presidential candidate was closed prematurely and that its recommendation to the Justice Department in the matter was based on incomplete evidence, resulting in the current uncertainty. Nonetheless, once new evidence was uncovered that agents felt could change the results of that investigation, the Bureau had no choice. It had to investigate, and Comey had to correct his testimony that the investigation of Clinton’s conduct was over. It’s not.

Now Democrats, partisan agents of the Clinton campaign and corrupted journalists are giving a spectacular public seminar on how they spin, and, if we pay attention, a demonstration of who is interested in truth and whose function in life is to mislead the public. Continue reading →

Donald Trump Is Bouncing Back In The Polls….Why?

/ Jack Marshall / 56 Comments

trumpstar

Ann Althouse writes in horror that the Bloomberg poll, a poll that polling guru Nate Silver marks as one of the best, has Donald Trump making up most of what was a 9 point lead just a week ago. “How is it possible?” she asks?

Here is how it’s possible. Americans deeply, deeply resent the tactics and unethical methods of the Clinton campaign and the Democratic National Committee, as well as, and even especially, the biased news media that has, it was just reported, been 91% negative regarding Donald Trump. Althouse anticipated this backlash back in September, when she quoted journalist/author Robert Wright, who said he was concerned that the media would be so “ham-handed” in its pro-Clinton/anti-Trump bias that “it wouldn’t work.”

In the competition of who is more unfit to lead, Trump wins in a landslide. However, Clinton’s supporters, staff, minions and party have earned the “Most Unethical, Undemocratic, Totalitarian” prize, by at least as large a margin:

1. On CNN’s “State of the Union” last week,  Jake Tapper grilled Robby Mook, Clinton’s campaign manager, about Robert Creamer and Scott Foval, the  Democratic operatives who were caught in a Project Veritas video sting talking about instigating violence at a Trump rally.

TAPPER: Have you looked into whether or not Democratic operatives paid by the Democratic National Committee were actually instigating these horrific actions, these violent actions we saw at Trump rallies? That’s — I’m sure you would agree, if that’s true, that’s really offensive.

MOOK: Well, violence is unacceptable. These individuals no longer have a relationship with the DNC. They have never had a relationship with the Clinton campaign. And my understanding is that the events that are referenced happened, I think, in February of last year. They didn’t have a contract with the DNC until June.  But, putting that all aside, this was, again, a video that was leaked out for the purpose of damaging the campaign. It’s edited, so we don’t know what the full context is. And there is — there’s no evidence whatsoever that we have been able to find that anyone ever did anything like this when they were working for the DNC.

Wait, what? Mook just admitted that the DNC hired these Nixonian thugs after they disrupted the Trump events. Before that, they were doing this stuff for free? They were only fired after the video was released.  How does the fact that they aren’t under contract any more serve as a defense of their activities? White House logs show Creamer visiting the White House hundreds of times.  Why?

Mook’s “They have never had a relationship with the Clinton campaign” is such a weaselly line. How about an unequivocal denial that the campaign knew about or coordinated with these cheats? Where is that? Then he defaults to attacking the methods by which these operatives were exposed, just as Clinton’s mouthpeices, like Donna Brazile, have tried to blame Wikileaks for what the Wikileaks leaks show.

Do Democrats just shrug off this kind of anti-Democratic activity as standard “by any means necessary” tactics? What kind of leader obtains power this way? I guarantee that independents, conservatives and uncommitted voters are frightened and disgusted by it. If voting for Trump is the only way to register that disgust, then he’ll be the beneficiary of the backlash.

2. Yesterday “Dilbert” cartoonist Scott Adams, who is a Trump supporters, posted this:

I’ve been trying to figure out what common trait binds Clinton supporters together. As far as I can tell, the most unifying characteristic is a willingness to bully in all its forms.

If you have a Trump sign in your lawn, they will steal it.

If you have a Trump bumper sticker, they will deface your car.

if you speak of Trump at work you could get fired.

On social media, almost every message I get from a Clinton supporter is a bullying type of message. They insult. They try to shame. They label. And obviously they threaten my livelihood.

We know from Project Veritas that Clinton supporters tried to incite violence at Trump rallies. The media downplays it.

We also know Clinton’s side hired paid trolls to bully online. You don’t hear much about that.

Yesterday, by no coincidence, Huffington Post, Salon, and Daily Kos all published similar-sounding hit pieces on me, presumably to lower my influence. (That reason, plus jealousy, are the only reasons writers write about other writers.)

Joe Biden said he wanted to take Trump behind the bleachers and beat him up. No one on Clinton’s side disavowed that call to violence because, I assume, they consider it justified hyperbole. 

Team Clinton has succeeded in perpetuating one of the greatest evils I have seen in my lifetime. Her side has branded Trump supporters (40%+ of voters) as Nazis, sexists, homophobes, racists, and a few other fighting words. Their argument is built on confirmation bias and persuasion. But facts don’t matter because facts never matter in politics. What matters is that Clinton’s framing of Trump provides moral cover for any bullying behavior online or in person. No one can be a bad person for opposing Hitler, right?

I admit to having no respect for Trump supporters (as opposed to Never Hillary Trump voters), just as I have no respect for the tactics Adams describes. He exaggerates in the last section, but otherwise, he is accurate. Never before has a political party and its followers, aided by the news media, tried to “otherize” a major party candidate, and to make it dangerous in schools and workplaces to express support of a candidate. That’s not democracy. Continue reading →

Gee, I Wonder Why Republican Voters Might Worry About The Election Being “Rigged”? It’s A Mystery!

/ Jack Marshall / 11 Comments

megyn-kelly-donna-brazile

It began with this story: A Wikileaks leaked email, from Donna Brazile to the Clinton campaign, started with the subject line “From time to time I get the questions in advance.” Brazile, then vice chair of the DNC and a CNN and ABC contributor, included a question that was later asked of Hillary Clinton at a subsequent CNN “town hall,” word for word.

CNN anchor Jake Tapper, probably the closest thing to a fair and ethical journalist that exists in the current broadcast media, told an interviewer regarding the episode in part,

It’s a very, very troubling… look, I have tremendous regard for Donna Brazile. She’s a good person and a nice person and I like her a lot but whatever took place here… and I know I had nothing to do with it… and I know CNN, we were so closely guarding our documents… they weren’t emailed around….It’s horrifying.  Journalistically it’s horrifying and I’m sure it will have an impact on partnering with this organization in the future and I’m sure it will have an effect on… Donna Brazile is no longer with CNN because she’s with the DNC right now, but I’m sure it will have some impact on Donna Brazille.,,People at CNN take this very, very seriously and to have somebody who does not take it seriously and to have us partner with that person and then they do something completely unethical and share it with Donna Brazile who then shares it with the Clinton campaign… it’s horrifying and very, very upsetting and I can’t condemn it any more than… I condemn it in no uncertain terms, it’s awful.

Democratic operatives using their chummy, insider relationships with alleged legitimate news organizations to assist their candidates with undisclosed, under the table, tips? Who wouldn’t call that awful? Well, interestingly, most of the rest of the mainstream, Hillary-recruited media, which has mostly left this story to  Fox, the Daily Caller, and “conservative media” while suggesting that the e-mail from Wikileaks was somehow fake.

Enter Megyn Kelly on Fox, who was persistent in trying get Brazile to give an explanation in an interview. What she got instead was incredibly guilty-sounding evasion and Authentic Frontier Gibberish: Continue reading →

Trending On Ethics Alarms…

/ Jack Marshall / 1 Comment

trending

….this post, from July, now the all-time most viewed and shared Ethics Alarms post ever, and this post, from May.

Gee, I wonder why?

I only wish this post, from last September, was as well distributed, but I’m going to keep linking to it until it is, or until it’s moot.

Debate Ethics: Trump’s “Breathtaking Repudiation Of American Democracy”

/ Jack Marshall / 27 Comments

debate3

Substance, of course, is officially irrelevant to the 2016 Presidential election. This is a bitter “be careful what you wish for” realization for Ethics Alarms and its author, as I have long argued that leaders’ values and character are more important and should be given more weight in any choice of candidates than their political affiliations or official policy positions. I did not foresee  a race in which both candidates have definitively proven that they are unfit for office and corrupt beyond repair or redemption, and one of those candidates is so unfit that even the epic dishonesty and democracy-corroding conduct of his opponent cannot begin to justify a vote for him by anyone with the sense of a bivalve mollusk.

Thus, once again as in the first two debates, the leading story coming out of last night’s snark-fest relates to character, not substance. In this case, it doesn’t even relate to practical reality. Donald Trump was asked by debate moderator Chris Wallace,

Your running mate Governor Pence pledged on Sunday that he and you, his words, will absolutely accept the result of this election. Today your daughter Ivanka said the same thing. I want to ask you here on the stage tonight, do you make the same commitment that you’ll absolutely accept the result of the election?

..and after talking around the question interminable, as usual, Trump finally answered,

What I’m saying is that I will tell you at the time. I’ll keep you in suspense, okay?

Hillary Clinton immediately pronounced the answer “horrifying,” and her assessment is currently being echoed on editorial pages and by pundits and analysts as if Trump announced that he was raising an army of NRA members to take the White House by force. Gasped the Washington Post this morning, in an editorial titled, “Trump’s Breathtaking Repudiation of American Democracy,” “Respecting the will of the voters has since the end of the Civil War allowed for a peaceful transition of power that has made this country the envy of the world….[Clinton’s flaws] fade to the status of trivia in the face of an opponent who will not accept the basic rules of American democracy.”The New York Times, in its editorial titled “Donald Trump’s Contempt for Democracy,” pontificated,

Mr. Trump’s meltdown in the closing weeks could be dismissed as a sore loser’s bizarre attempt at rationalizing his likely defeat. But his trashing of the democratic process, in service of his own ego, risks lasting damage to the country, and politicians of both parties should recoil from him and his cynical example.

It in no way excuses Donald Trump to take notice of the “breathtaking” dishonesty here.

Continue reading →

Ten Ethics Observations On The New Bill Clinton Sexual Assault Accusation

/ Jack Marshall / 62 Comments
The late Leslie Millwee...VERY late.

The late Leslie Millwee…VERY late.

From Politico:

Leslie Millwee, a former reporter for local Arkansas TV station KLMN-TV, has accused former president Bill Clinton of sexually assaulting her three times in 1980, while Clinton was governor of Arkansas…Millwee told Breitbart she interviewed Clinton about 20 times publicly and also met with him in KLMN-TV’s newsroom. She said he groped her and rubbed his genitals on her while they were alone in KLMN-TV’s small editing room.

“He came in [to the editing room] behind me, started hunching me to the point that he had an orgasm,” she told Breitbart’s Aaron Klein. “He’s touching, trying to touch my breasts and I’m just sitting there very stiffly, just waiting for him to leave me alone. And I’m asking him the whole time, ‘Please do not do this. Do not touch me. Do not hunch me. I do not want this.’ And he finished doing what he was doing and walked out….Breitbart also interviewed three of Millwee’s friends, who said Millwee told them in the late 1990s about the alleged assaults.

…Millwee’s accusations are new, and Breitbart, which published a 19-minute video interview with Millwee, has been supportive of Trump and dismissive of the numerous women who have accused him of sexual assault. The site is led by Steven Bannon, who took a leave from Breitbart to serve as CEO of Trump’s campaign.Millwee said she considered coming forward in the late 1990s, during the Monica Lewinsky scandal, but she was intimidated after seeing how the media treated other women who accused Clinton of sexual assault.

“I almost came out during the Monica Lewinsky and Kathleen Willey situation,” she said. “I watched that unfold a little bit. I was very prepared to go forward then and talk about it, and I watched the ways the Clintons and Hillary slandered those women, harassed them, did unthinkable things to them, and I just did not want to be part of that. I had very small children at the time, I had a job at pharmaceuticals, it was a very conservative situation. I didn’t want to do anything to bring harm to my career and my family.”

Millwee said she decided to finally go public now because she believes that the media still has not held Clinton accountable for his alleged sexual assaults. A Breitbart spokeswoman said Millwee reached out to Breitbart on her own “months ago after Hillary’s ad that sex assault victims have a right to be heard.”

Observations:

Continue reading →