Tag Archives: ICE

Morning Ethics Warm-Up, 11/16/18: Big Lies, Bad Precedents, And Good Bias (Apparently: I Guess I Just Don’t Understand)

Good Morning!

(You can tell I’m starting to feel better, because the morning warm-up is actually appearing before noon… I had an unavoidable early morning conference call, and I’m hoping to get the post up before I crash.)

1. Regarding the hypothetical Hillary pardon briefly discussed in the previous post…An esteemed commenter corrected me in the comment thread when I stated incorrectly that the object of a Presidential pardon couldn’t refuse the gift: the 1915 SCOTUS case of Burdick v. US says otherwise. The case is one more example of how a bad decision can become settled law. From the New York Times:

The story behind the 1915 case is little known but very relevant today. It involved the city editor of The New York Tribune, George Burdick, who…flatly refused to testify before a federal grand jury about his sources for an article on fraud in the United States Custom House in New York. He said he might incriminate himself in his testimony. The federal prosecutor saw a quick pardon as the answer to this problem, and President Woodrow Wilson agreed.

Wilson gave Burdick “a full and unconditional pardon for all offenses against the United States” he might have committed in connection with the article and for any other matter the grand jury might ask him about. That would seem to have let Burdick off the hook, but he still didn’t want to testify. He refused to accept the pardon, and was locked up for contempt.

The case went to the Supreme Court, which held that Burdick was within his rights and ordered him discharged. In doing so, the court embraced Chief Justice John Marshall’s 1833 definition of a pardon as “a private, though official” act of grace whose validity depended on its acceptance: “It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him.”

Marshall’s pronouncements, in United States v. Wilson, were pure dicta — nonbinding observations — but the courts treated them as gospel. In the Burdick case, the court likewise held that “a pardon, to be effective, must be accepted” because it “carries an imputation of guilt; acceptance a confession of it.” This made Marshall’s view the law of the land.

The problem is that both Marshall’s definition and the court’s 1915 reinforcement of it were bad history and tortured logic. Acceptance of a pardon should not be a confession of guilt, especially if there is documentation of innocence. The “imputation of guilt” would disappear if acceptance of a pardon were not required. If one has no choice but to take a pardon, it would become like a grant of immunity, and thus would be noncommittal.

There is nothing in the Constitution that gives a person the prerogative to turn down a pardon, and strong support in the Constitutional debates for the president’s having an unfettered power to grant one. “The benign prerogative of pardoning should be as little as possible fettered or embarrassed,” Alexander Hamilton wrote in The Federalist No. 74. Even more to the point, the framers turned down an effort to limit the power to pardons “after conviction” because they wanted to make it useful for law enforcement. That is, of course, exactly what President Wilson tried, and was told he couldn’t do, in the Burdick case.

So Hillary could turn down a Presidential pardon for her crimes related to flouting the law regarding classified material.

2. Run, Kamala, run! One of the awful alternatives the Democrats have as they paint themselves into the requirement of nominating a woman as their candidate in 2020, California Senator Kamala Harris, highlighted her awfulness while questioning Ronald D. Vitiello, the acting director at U.S. Immigration and Customs Enforcement, as he appeared before the Senate Homeland Security Committee as it weighed his nomination to become permanent ICE director. She deliberately compared ICE to the KKK in this exchange:

Vitiello: “The Klan was what we could call today a domestic terrorist group.”

 Harris: “Why? Why would we call them a domestic terrorist group?”

Vitiello: “Because they tried to use fear and force to change the political environment.”

Harris: “And what was the motivation for the use of fear and force?”

Vitiello: “It was based on race and ethnicity.”

Harris: “Right. And are you aware of the perception of many about how the power and discretion at ICE is being used to enforce the law and do you see any parallels?”

There are no parallels between the KKK and ICE, and Harris’s assertion that “many” see such parallels is one more example on the growing list of Big Lies being wielded by the Left to spread fear and misinformation. I heard Geraldo Rivera say this morning that Harris was “too smart” to make such a comparison, which he characterized as slander. Obviously she is not too smart to make the comparison, since she made it. She’s too smart to believe that the comparison is fair, but unethical and irresponsible enough to suggest it anyway.

3. Here’s one reason why I don’t have more Ethics Heroes. I’ve already written twice about the deteriorating saga of the kind homeless veteran  and the woman he helped who raised money to let him turn his life around.. It began as a heartwarming Ethics Hero saga, then rotted into a tale of greed, ingratitude, betrayal and exploitation. By August of last year, this was the suddenly depressing story…

Johnny is back living under a bridge, panhandling for change. GoFundMe is investigating whether McClure and her live-in boyfriend absconded with most of the donations, which eventually amounted to about $400,000. Johnny claims that his once grateful benefactor and friend have been spending the money that was supposed to ensure, in Kate’s memorable words, that “his life can get back to being normal….”

Now the story is worse still:

The New Jersey couple who became famous for raising hundreds of thousands of dollars for a homeless man after he helped with their disabled car — as did the homeless man himself — will all face charges for allegedly providing a false story in order to raise money for themselves, a source familiar with the case told NBC10. Mark D’Amico, Kate McClure and Johnny Bobbitt Jr. will face charges including conspiracy and theft by deception, according to the source. A complaint obtained by NBC10 alleges that the three conspired with one another to make up a false story in order to raise more than $400,000.

Sigh.

4. Now that’s acceptable gender bias discrimination. Somehow. I guess. Rep. Tim Ryan (D-Ohio) said Wednesday that a congresswoman besides Rep. Nancy Pelosi (D-Calif.) should be the House Speaker.  “There’s plenty of really competent females that we can replace her with,” Ryan told reporters, before listing people such as Rep. Marcia Fudge (D-Ohio) as potential candidates, The New York Times reported. I dare anyone to try to explain what one’s sex organs and chromosomes has to do with being a capable Speaker of the House. Bias not only makes you stupid, it makes you ridiculous and hypocritical. As for Marcia Fudge: oh, GOOOOOD choice there, Tim!

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Saturday Ethics Warm-Up, 8/25/2018: Train Wrecks, Gotchas, Fake News, Idiots, And Progress, Sort Of…

Thus endeth one of the worst weeks in Ethics Alarms traffic in years. It depressed me so much I stopped checking the figures. The comments remained vigorous and high quality, and for that I am grateful. Obviously my being on the road, pseudo-vacationing and without a charged computer were factors, as is August. I do feel, however, that a lot of people just don’t want to be objective, rational or ethical where political news is concerned, just angry and emotional.

Well, at least the libel lawsuit by the banned commenter was dismissed this week.. He told the judge that this was an extreme right-wing website, you know.

1. Not the Michael Cohen Ethics Train Wreck, just the Trump Administration Ethics Train Wreck. On one hand, Cohen is as sleazy, unethical and untrustworthy a lawyer ever to blight the profession (now don’t sue me, Mike, this is just my opinion, not an assertion of fact!), as I noted years ago when I first wrote about the creep.  On the other, Trump was literally asking for a disaster by continuing to employ such an obvious low-life. On the one hand, Trump obviously lying about his relationships with various strippers, models and other sex toys for hire was unconscionable; on the other, “everybody lies about sex” was the official Democratic talking point when Bill was doing it. On the one hand, paying hush money to cover up adultery is slimy, on the other, it’s not illegal, and despite what the news media is selling, it probably isn’t an election law violation either. On the one hand, the news media having yet another impeachment wet dream is disgusting, biased, unethical journalism; on the other, Trump keeps handing the “resistance” ammunition on a silver platter.

Nonetheless, the news media and the Democrats still somehow manage to out-misbehave the President. The latest is the ridiculous argument that the Kavanaugh nomination is now somehow “illegitimate” because the President is under suspicion of illegal conduct. Any pundit or authority who makes this totured and desperate case deserves to be permanently ignored and designated a partisan hack; the current list includes Democratic Senators Mazie Hirono and Ed Markey,  and The New York Times’ Paul Krugman, David Harsanyi explains succinctly for those who can’t figure this out for themselves.

2. Great. Now we have legacy racism to worry about. When the kind of “gotcha!” mentality that prompts people to search for insensitive tweets athletes made as teenagers mates with the corporate cowardice that  prompts a company like Nabisco to cave to complaints by deranged extremist group like PETA, in an environment where “Racist” has become the full equivalent of crying “Commie!” or “Witch!,” I guess this is inevitable. Inevitable, but scary, and really, really stupid.

Lilly Diabetes pulled its sponsorship of Indy racer Conor Daly’s  car in the NASCAR Xfinity race at Road America, because the driver’s father allegedly made a racist remark in the 1980s. I could go into more detail, but it would nauseate me. You can read more here. The sponsorship was designed to raise awareness for treatment options and resources for people living with diabetes.

“Unfortunately, the comments that surfaced this week by Derek Daly distract from this focus, so we have made the decision that Lilly Diabetes will no longer run the No. 6 at Road America this weekend,” the company said in a statement. Craven, principle-free, cowards. I have diabetes, and I want to make certain that the focus is on Lilly’s utter disregard for fairness, proportion and common sense. If corporations are this easy to intimidate—and I think they are—the Left’s escalating efforts to constrain free speech, thought, advocacy and conduct are going to be successful. When will conservatives work to make all those Kennedys pay for old Joe’s pro-Hitler sentiments?  That would be about as logical and fair as punishing Conor Daley for a 30-year-old comment by his father.

3. Remember that story about ICE detaining a man while he was driving his pregnant wife to the hospital when they stopped for gas? It was more pro-illegal immigration spin. The coverage of the news that made it not the “children in cages” anti-Trump propaganda it was spun to be was given a fraction of the exposure that the original, misleading story was. The LA Times eventually told what Paul Harvey called “the rest of the story”:

An immigrant in the U.S. illegally who was detained by federal officers in San Bernardino last week while heading to the hospital with his pregnant wife is one of three men listed in an arrest warrant for a 2006 murder in Mexico. Joel Arrona-Lara is wanted in connection with the killing of Miguel Ángel Morales Rodríguez, alias “El Garcia,” according to the arrest warrant…

Gee, can ICE arrest illegal immigrants who are murderers now, or should we just “think of the children’ and leave them alone too? A recent poll concluded that a majority of the public doesn’t approve of how the Trump administration is handling immigration. Well of course not! Children in cages, innocent expectant fathers stopped on teh way to the hospital, all of those good illegal immigrants minding their own business…

This is disinformation designed to influence U.S. elections.

4. Life Incompetence Department: In Bijie, China, a concerned 26-year-old husband and 24-year-old wife consulted a doctor to learn why they had been unsuccessful in their efforts to have a child for four years. Intercourse was painful for the wife, she said. The doctor explained the problem after some further questioning:  they had been having anal sex the entire time. After he gave them a little instruction book, the wife was with child in short order.

5. Good! The National Federation of State High School Associations reports that  participation in 11-player high school football declined nationwide for the second consecutive year. “We are encouraged that the decline in high school football was slowed, due in part, to our efforts in reducing the risk of injury in the sport,” said Karissa Niehoff, the NFHS executive director, in a statement. “While there may be other reasons that students elect not to play football, we have attempted to assure student-athletes and their parents that thanks to the concussion protocols and rules in place in every state in the country, the sport of football is as safe as it ever has been.”

As safe as it has ever been…..

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Sunday Ethics Reflections, 8/5/2018: Abdication, Arrogance, Airbrushing

1. If you want to seed a civil war, this is how you do it…Why is this incredible story just an item on the daily ethics potpourri? For one thing, I don’t see why much commentary is necessary, or should be. I don’t typically  write about robberies or murders, or other outright unethical acts that all but the worst sociopaths can recognize in a trice as unethical.  I feel the same way about this, from the Wall Street Journal:

A mob surrounded ICE’s office in Southwest Portland June 19. They barricaded the exits and blocked the driveway. They sent “guards” to patrol the doors, trapping workers inside. At night they laid on the street, stopping traffic at a critical junction near a hospital. Police stayed away. “At this time I am denying your request for additional resources,” the Portland Police Bureau’s deputy chief, Robert Day, wrote to federal officers pleading for help. Hours later, the remaining ICE workers were finally evacuated by a small federal police team. The facility shut down for more than a week. Signs called ICE employees “Nazis” and “white supremacists.” Others accused them of running a “concentration camp,” and demanded open borders and prosecution of ICE agents. Along a wall, vandals wrote the names of ICE staff, encouraging others to publish their private information online.

Federal workers were defenseless. An ICE officer, who asked that his name not be published, told me one of his colleagues was trailed in a car and confronted when he went to pick up his daughter from summer camp. Later people showed up at his house. Another had his name and photo plastered on flyers outside his home accusing him of being part of the “Gestapo.”

Where were the police? Ordered away by Democratic Mayor Ted Wheeler, who doubles as police commissioner. “I do not want the @PortlandPolice to be engaged or sucked into a conflict, particularly from a federal agency that I believe is on the wrong track,” he tweeted. “If [ICE is] looking for a bailout from this mayor, they are looking in the wrong place.”

The phrase, “particularly from a federal agency that I believe is on the wrong track” mandates impeachment on its face. It is not the mayor’s proper role to decide who deserves the protection of the city against lawbreakers. “There is no place for personal, political bias when it comes to providing public safety services to our communities,” Portland Police Association president Daryl Turner said in a statement on Facebook. “In that respect, our Mayor, who is also our Police Commissioner, has failed miserably.”

Also:

  • How many readers of Ethics Alarms saw broadcast news accounts of this incident and the Portland mayor’s conduct? It is the tendency to set out to bury and hide the worst examples of progressive and resistance excess that is the smokiest of smoking guns showing the degree to which journalists are actively attempting to indoctrinate and mislead rather than inform.
  • Do the citizens of Portland really condone this?

Continue reading

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I Don’t Know What You Call This, But I’m Pretty Sure It Isn’t “Honesty” Or “Integrity”…

This embarrassing cretinism is why Americans have no respect for politicians, and it is the kind of utter nonsense that explains how a non-politician was able to win the Presidency. It also makes me giggle, I must confess, in light of the serious statement of late by a generally  perceptive commenter  here that “only one party plays by the rules,” meaning Democrats.

Sure.

Over the Fourth of July, Democrats indulged their more deranged radical base by encouraging calls to “abolish ICE.” The motto is a direct challenge to common sense, national security, national integrity, sovereignty, oh, lots and lots of things, but you know: “think of the children,” the President is a Nazi, all of that. Hey, politics is only about figuring out how to govern effectively and responsibly, so why not encourage policy insanity, if it lets “the resistance” blow off steam between episodes of harassing Republicans in grocery stores and restaurants?

Former Presidential candidate Sen. Bernie Sanders, I-Vt., attacked the U.S. Immigration and Customs Enforcement  as being a part of a “cruel, dysfunctional immigration system.”  Kirsten Gillibrand, D-N.Y. said that ICE “has become a deportation force” which should be abolished. She was joined by New York City’s socialist mayor Bill de Blasio, who called the agency “broken” and “divisive,” and tweeted that it should be abolished. Then the grandstanding Democrats really got carried away in their dishonest political science fiction theater: some of them actually submitted a bill to abolish ICE. The Establishing a Humane Immigration Enforcement System Act was introduced this week by Reps. Mark Pocan (D-Wis.), Pramila Jayapal (D-Wash.) and Adriano Espaillat (D-N.Y.), and was instantly supported by major Democratic Party leaders  like Sanders, Gillibrand, Senators Elizabeth Warren and Bernie Sanders, as well as the party’s’ new rock star, House candidate Alexandria Ocasio-Cortez.

And what did those mean old Nazi Republicans do to squash the illegal immigration lovers’ efforts? They announced that they will let the insane bill  go to the floor for a vote, thus forcing Democrats to go on record as opposing the enforcement of immigration laws, which the overwhelming majority of American citizens (aka “voters”) support.

The shocked response of the Democrats, having set a trap and fallen into it was priceless. They did a swell imitation of Jackie Gleason as Ralph Kramden, when he was caught in one of his foolish schemes…

On the day after the GOP agreed to put ICE’s existence to a vote, the always risible Ted Lieu (D-Cal) insisted that “Abolish ICE!’ was never meant to be a cry to abolish ICE. “Democrats who have said this are not saying abolish ICE and do nothing,” he humina-ed. “They’re saying we should have a new agency that has principles and values more consistent with what the American people believe.”  Ah. So Democrats saying that they wanted to abolish Immigration and Customs Enforcement really want Immigration and Customs laws enforced! Thanks for clarifying that, Ted, you pathetic weasel.

But Lieu was instantly outdone by the double-talking sponsors of the bill.  Reps. Mark Pocan of Wisconsin, Pramila Jayapal of Washington and Adriano Espaillat of New York—the Three Open Borderskateers who launched the faux  bill, told The Hill, 

“We know Speaker [Paul] Ryan is not serious about passing our ‘Establishing a Humane Immigration Enforcement System Act,’ so members of Congress, advocacy groups, and impacted communities will not engage in this political stun.If Speaker Ryan puts our bill on the floor, we plan to vote no and will instead use the opportunity to force an urgently needed and long-overdue conversation on the House floor.”

Interesting theory. If the Speaker “isn’t serious” about passing a Democratic bill up for a vote, then it’s not a real bill? Not a good bill? Not a statement of Democratic policy?  Said House Majority Whip Steve Scalise (R-La.), admirably suppressing a grin,  “I think everyone ought to be on record about where they stand on that issue.”

You see, and I know you can see, the Democrats who were calling for the abolishment of ICE were posturing, faking, lying. They were faking their indignation, and pandering in the certainty that they would never have to back up their words with actions.

Snarks Ann Althouse: “This story is the perfect illustration of the phrase ‘It’s all politics.'”

That’s a nice way of describing it.

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Morning Ethics Warm-Up, 7/2/2018: Bad Neighbors And Bad Journalism

Good Morning…

1. Ah, now THAT’S the ol’ Spirit of 1776!  In a subdivision near Sterling Heights in Chesterfield, Michigan,  a resident sent an anonymous letter to other residents, threatening  to take dire measures against them if they set off fireworks after 9 PM  this week. Here’s the letter…

Yikes.

I’m presuming that the real spirit of 1776 still breathes deeply in this nation, and that the reaction of the recipients of that letter will be to make certain that the noisiest fireworks possible are exploding every second during the time they are permitted to be by law, from the start of the week to the end. The neighbor is a coward, a jerk and a bully, and his bluff must be called as a matter of justice and honor. (Pointer: HLN)

2. Nah, the mainstream news media isn’t biased! In an absolutely correct and justified editorial note, Fox News’ Chris Wallace excoriated media outlets on “Fox News Sunday” for attempting to connect President Donald Trump to the newsroom shooting at Capital Gazette in Maryland. (This will, of course, be called an example of Fox News pro-Trump toadying by those same media outlets.) This was indeed one of the most transparent recent episodes of fake news peddling by CNN, Reuters and others in the mainstream media, who worked hard to make the case that the killer of five was motivated by the President’s repeated accusation that the media is “the enemy of the people.” We now know that the shooter swore that he would kill the Capital Gazette writer whom he targeted in the attack years ago, when everyone assumed that Hillary was going to be the next President. Continue reading

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A Horrible Ethics Alarms Mash-Up! Cross The Wrongly Convicted Chicago Groundskeeper With The Deported Afghanistan War Veteran And What Do You Get?

You get poor Ricardo Rodriguez, who was just freed from 2o years of wrongful imprisonment for a murder he did not commit. Unlike fellow Windy City justice victim Nevest Coleman, also let out of a cage  this month after being wrongly convictedwhat the heck is going on in Chicago, anyway?—Rodriguez wasn’t given his old job back. No, he was immediately taken into custody by ICE following his release.

Oh, I almost forgot…

KABOOM!

 

This is so bad it made my head explode.

Before he was sent to prison for a 1995 murder, Rodriguez was a lawful permanent resident of the US. His status was revoked when he was convicted of murder, and it is still revoked even though the murder charge was false. Now, finally out of prison after rotting away for a rime he didn’t commit, Rodriguez faces the deportation.

Rodriguez was brought to America as a child and his entire family is here.  “It would be a very big injustice for them to do that to not only my mother, but my family, who have tried so hard to prove his innocence all these years,” his sister said.

I’ll go even further than that. The United States owes Rodriguez. It’s a different kind of debt than what it owes Miguel Perez-Montes, the Army combat veteran we just deported after removing his legal status for a drug conviction, but it is still a debt. Our justice system stole two decades from him. He should be given full citizenship along with a lot of money and an apology.

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Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading

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