2021: Good Morning, Even Though It’s Not Really Such A Good Morning…

August 31, 2021August 31, 2021 / Jack Marshall / 10 Comments

Turner Classic Movies will be running “Singin’ in the Rain” again this coming Saturday at 6 pm E.S.T. It always cheers me up. Incredibly, the film now generally regarded as the best original Hollywood musical ever made (I’d rank “Mary Poppins” and “Swingtime” next) didn’t even warrant an Academy Award nomination in 1952, and the other all-time classic in that year’s Oscar race, “High Noon,” was nominated but didn’t win. The Best Picture winner was Cecil B. DeMille’s “The Greatest Show on Earth,” which has been mocked by film critics ever since. I just watched that film again: it must have been stunning on the big screen. TV doesn’t do it justice, and with the demise of big circuses, it’s also an amazing historical artifact. The movie isn’t art, like “High Noon,” and it’s not as entertaining a Gene, Donald and Debbie, but we will never see the like of “The Greatest Show on Earth,” the movie or the Ringling Bros. Barnum and Bailey Circus again. I’m grateful to C.B. for making it. (And that train wreck is amazing!)

1. Now he tells us? In her review of a new book about President Andrew Johnson, the New York Times’ Jennifer Szalai concludes,

“But when Johnson was eventually impeached, it wasn’t for his subversion of Reconstruction; it was for failing to obtain Congressional approval before he fired his secretary of war. The articles of impeachment were “dryly legalistic,” almost all of them focused on violations of the Tenure of Office Act, passed by Congress just the year before. Republicans were trying to portray Johnson as a lawbreaker while studiously avoiding the matter of race. This fixation on technicalities, Levine says, “allowed Congress to impeach Johnson not for doing harm to hundreds of thousands of Black people in the South but for firing a white man….The impeachers may have been trying to be pragmatic, but playing it safe didn’t work; Johnson prevailed by a single vote. As one of his biographers, Hans Trefousse, once put it: ‘If you impeach for reasons that are not the real reasons, you really can’t win.’”

Yesterday I wrote about how the Times and others continue to reference Donald Trump in every negative context imaginable. What does it tell us that when the topic screams out for a Trump analogy that reflects poorly on his attackers, he isn’t mentioned at all?

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Gee, What A Surprise: The FBI Finds No Evidence That The Jan.6 Capitol Riot Was An “Insurrection”

August 21, 2021 / Jack Marshall / 7 Comments

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There’s the “shocked face” of the once popular commercial featuring a talkative and opinionated infant. (The kid must be 40 by now, but his expression is immortal.)

Yet another Big Lie that the Axis of Unethical Conduct (“the resistance”/ Democrats/ Mainstream media) wielded shamefully for a disgusting amount of time is tumbling down. From Reuters:

“The FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result, according to four current and former law enforcement officials. Though federal officials have arrested more than 570 alleged participants, the FBI at this point believes the violence was not centrally coordinated by far-right groups or prominent supporters of then-President Donald Trump, according to the sources, who have been either directly involved in or briefed regularly on the wide-ranging investigations. “Ninety to ninety-five percent of these are one-off cases,” said a former senior law enforcement official with knowledge of the investigation. “Then you have five percent, maybe, of these militia groups that were more closely organized. But there was no grand scheme with Roger Stone and Alex Jones and all of these people to storm the Capitol and take hostages.”

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Ethics Cleansing, 1/27/2021: I’m Afraid This Edition Exceeds The Limit For Disturbing Stories…

January 27, 2021 / Jack Marshall / 15 Comments

As a prelude, I don’t know why some commenters are arguing that the 1876 William Belknap impeachment trial is a valid precedent for trying a private citizen no longer in office on a charge that has no other purpose but to remove that individual from his or her federal office. It’s just a bad argument, which is why Belknap has only been raised by desperate anti-Trump zealots. As I pointed out in the comments, an unconstitutional act doesn’t change the Constitution. There have been many, many unconstitutional actions by our government that were allowed to occur in the past (President Jackson’s defiance of the U.S. Supreme Court to forec the Trail of Tears is an especially egregious one.\); they still can’t be cited as proof that the actions were Constitutional, or precedent for violating the Constitution again. Balknap, who had resigned as Grant’s Secretary of War just as he was about to be impeached by the House, submitted to the Senate’s unconstitutional trial. I have always assumed this was because he was certain that he would be acquitted, so he could later claim innocence. (He was incredibly guilty.) Since he was acquitted, there was no occasion to challenge the trial, the issue being moot.

The entire system was in chaos in 1876; if the Belknap trial is binding precedent that a private citizen can be tried by the Senate to remove him from office when he isn’t in that office, why not make the same claim about the unconstitutional deal between Republicans and Democrats to install the loser of the 1876 Presidential election (Hayes) in the White House in exchange for removing federal troops from the former Confederate states?

1. An example of ethical trolling, I think:

Miller is getting all sorts of outraged responses from critics online who seem to have missed the critical fact that he was just quoting Maxine Waters’ call for harassment of Trump administration officials. Normally I regard deliberate posting of positions one doesn’t believe as unethical unless the poster makes the sarcasm or irony obvious. This one is obvious, unless the reader wasn’t paying attention to how irresponsible and vicious Democrats were in the past four years, and if the such a reader was that ignorant, he shouldn’t be involved in the discussion at all.

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Lessons In Legitimacy From The War Of The Roses

January 15, 2021 / Jack Marshall / 21 Comments

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Guest post by Steve-O-in NJ

In the year 1399 a nobleman of the House of Lancaster named Henry of Bolingbroke ousted Richard II of the house of Plantagenet, son of Edward III, from the throne of England, partly over alleged tyranny and mismanagement (possibly brought on by a personality disorder), but just as much over pride, power, and differences regarding how to govern. Henry IV’s reign was fraught with problems as the nobles battled for power and influence under an unconsolidated rule, including Henry “Hotspur” Percy’s revolt, an attempt to restore Wales’ independence by Prince Owen Glendower, even an attempt to restore Richard to the throne in something called The Epiphany revolt. After all, once someone has ousted a rightful ruler by force (or fraud or corruption), why can’t he be ousted by force?

Henry IV died at 45 due to less than wonderful health. Henry V, Prince Hal, followed his father to the throne. Though Shakespeare portrays him as a hero, and he did achieve some great feats on the battlefield, he died at 35 (previously thought to be of dysentery, but now thought of as probably heatstroke from hacking and banging in full armor in August) leaving a young and mentally infirm son to inherit the throne as Henry VI. The English nobles hadn’t forgotten the recent dynastic struggle, and there was no reason for another nobleman, named Richard of York (you need a scorecard to keep track of all these Richards and Henrys), also a cadet branch of the Plantagenet house, like the Lancasters were, not to decide to press his own claim to the throne, starting the 30-year dynastic struggle known as the Wars of the Roses, since the Lancaster symbol was a red rose and the York symbol was a white rose.

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Ethics Quote Of The Month:Rep. Alex Moody (R-WV) [Corrected]

January 11, 2021January 11, 2021 / Jack Marshall / 43 Comments

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“It is wrong to have sent members of Congress home and then try to adopt without any debate a precedent-setting resolution that could imperil our Republic. The U.S. House must never adopt a resolution that demands the removal of a duly elected president, without any hearings, debate or recorded votes.”

— Congressman Alex Mooney, blocking the Democrats’ idiotic and unethical attempt to pass a unanimous motion calling on Vice-President Pence to invoke the 25th Amendment, which is neither relevant nor legal under current circumstances.

Why yes, Congressman, it is! Not that you don’t deserve credit for speaking up, but it increasingly appears that the latest, most petty and potentially most dangerous effort by Democrats to prematurely end Donald Trunp’s tenure as President is incompetent, grandstanding, and not very serious, as if trying to remove a President shouldn’t always be serious.

On the other hand, after 19 previous attempts, maybe these mini-coups are like eating buttered popcorn to these vicious hacks. Once they start, they just can’t stop.

Mooney’s statement began, “Today I objected to Speaker Pelosi’s attempt to adopt via unanimous consent a resolution calling on Vice President Mike Pence to invoke the 25th Amendment to remove President Trump. Speaker Pelosi should not attempt to adopt a resolution of this magnitude without any debate on the floor of the U.S. House of Representatives.”

Exactly. It’s good to know someone in that big, white domey thing can read.

Pelosi’s statement, in contrast, suggest that she’s the one who has become unable to discharge the duties of her office:

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Pelosi’s Unconscionable “Snap Impeachment,” Part II: If This Happens, It Will Be Time To Release A Real “Kraken,” And I Hope I Can Help Feed Pelosi To It…[Corrected]

January 10, 2021January 11, 2021 / Jack Marshall / 49 Comments

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Plan T, the apparent plan to impeach President Trump for a crime he clearly did not commit, is arguably the worse of the various AUC-contrived removal plots, because it will do the most damage by far. Even the actual impeachment, the ridiculous Plan S, had little long-term effect, and the Democrats abandoned it even as a campaign issue. Even they didn’t take it seriously: like so much of the rest, it was just one more way to denigrate, obstruct and weaken the leader of their own nation. It was part of strategy, that’s all. As I wrote in Part I, this is different in kind:

Plan T must be recognized for what it is: an act of pure hate and vengeance, and a deliberate, calculated insult to Trump’s supporters as well as those citizens who believe that that their government should not behave like third-world failed state.

I admit it: I am angry about this, and if it occurs, I will not forget it or forgive it—and I do not consider myself one of the Trump supporters being ostentatiously slapped in the face. I am angry because this is not how the United States of America behaves towards its leaders. I know readers here are sick of me saying this, but I will say it again because it is true: the nation owes respect and debt of gratitude to every President of the United States, without exception, when they leave office, and that respect should continue to the end of their days, and throughout our history. That’s right, every single one of them, the skilled and less-than-skilled, the competent and incompetent, the best and the worst of them, Andrew Johnson as well as Lincoln, Nixon as well as Eisenhower, the Bushes as well as Reagan, Hoover as well as FDR, Carter, Clinton, Obama, and yes, Donald Trump.

The job was always a killing one and a near impossible, one, and it has only become more difficult and unpleasant. Taking the job is an act of patriotism, and enduring it is an act of courage and character. No President has been treated as atrociously by so much of the public, the opposing party, his own party and the news media as Donald Trump, and it is remarkable that he accomplished as mach as he did under continuous attack. Nearly every other President has been accorded a “honeymoon,” the occasional benefit of the doubt, the opportunity to just play the head of state and accept the pomp, ceremony and traditional acclaim that comes with it. Not President Trump. He was not permitted a peaceful inauguration, nor respectful audiences in Congress to his State of the Union messages, nor the pleasure of throwing out the first ball in the baseball season, nor the host role in the Kennedy Center Honors, nor even an invitation to attend state funerals. Yet President Trump buggered on, as Winston Churchill said, doing his best to try to fulfill his promises and do what in his view was in the best interests of America.

He has been kicked virtually every day of his four years in office, and now his repulsive, vindictive, thuggish foes want to kick him as he goes out the door.

The effort to lay lat weeks riot at the Capitol at Trump’s feet is too cynical and false to be tolerated. Professor Turley had a succinct summary of how disingenuous that is in his recent column in the Hill:

We have had four years of violent protests, including the attacks on federal buildings, members of Congress, and symbols of our democracy. Former Attorney General William Barr was heavily criticized for clearing Lafayette Square last year after protesters injured numerous law enforcement officers, were injured themselves, burned a historic building, caused property damage, and threatened to breach the White House grounds. There were violent riots during the inauguration of Donald Trump and a lethal assault on some Republican lawmakers playing softball. Indeed, this year started as last year ended, with attacks on federal buildings in Portland and other cities.

It is beyond hypocritical for the same people and party that largely encouraged, enables and rationalized these and more to now pretend to be shocked, call a single, particularly stupid and pointless riot at the Capitol a “threat to Democracy,” and to attempt to impeach the President for his role in it, which consisted of endorsing a Constitutionally protected protest. The true threat to Democracy has been ongoing for four years, and it was called “the resistance.” I find it hard to believe that the American people will accept such a transparent and Orwellian distortion of reality, but I know that I won’t.

If the Congress wants to censure President Trump or some other symbolic gesture, fine. As I have written here, it was inappropriate for the President to be challenging the validity of his defeat, even more so than it was for Hillary Clinton to challenge the validity of her defeat, by Trump. Doing so was, in sequence, predictable, irresponsible, dangerous, in many ways justified, and completely in character. I would not object to an official precedent being established holding that no matter how close or dubious an election is, challenges to the results must not be pronounced in public, by POTUS.

Impeachment on this basis, however, is pure lawlessness. Here’s Turley again in another column (this is his specialty, after all). The emphasis is mine:

‘“..Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. Like others, I condemned those remarks as he gave them, calling them reckless and wrong. I also opposed the challenges to electoral votes in Congress. But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.
When I testified in the impeachment hearings of Trump and Bill Clinton, I noted that an article of impeachment does not have to be based on any clear crime but that Congress has looked to the criminal code to weigh impeachment offenses. For this controversy now, any such comparison would dispel claims of criminal incitement. Despite broad and justified condemnation of his words, Trump never actually called for violence or riots. But he urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress. Trump told the crowd “to peacefully and patriotically make your voices be heard.”….

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Pelosi’s Unconscionable “Snap Impeachment,” Part I: Welcome to Plan T

January 9, 2021 / Jack Marshall / 31 Comments

In Ethics Alarms’ compilation of the previous 19 attempts at removing President Trump since his election had been stalled at Plan S, the unconstitutional, cynical and non-substantive impeachment of President Trump on spurious grounds in 2019. It’s lack of validity was demonstrated by the fact that neither the news media nor Democrats mentioned the sham during the 2020 Presidential campaign. In the introduction to the list, I wrote,

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing. As scholar Victor Hanson Davis has pointed out, the sheer number of these successive plans belies the claim that this is not an ongoing attempt at a soft coup.

As it turned, out I was more right than I intended to be. Never did I suspect that Democrats would continue to try to remove the President before the end of his term even if they won the 2020 Presidential election, but they are doing so because the other 19 attempts failed. Since this cannot reasonably be called a soft coup, since the Democrats have already won the White House, Plan T must be recognized for what it is: an act of pure hate and vengeance, and a deliberate, calculated insult to Trump’s supporters as well as those citizens who believe that that their government should not behave like third-world failed state.

The rest of this post will be added to “Presidential Impeachment/Removal Plans, 2016 to 2020”:

Plan T (added 1/9/21): Trump should be impeached for “inciting a riot” with his speech to supporters on January 6, as Congress gathered to officially approve the states’ electoral college vote making Joe Biden the 46th President. The transcript is here.

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“All They Have To Do Is Not Be Crazy, And They Can’t Even Do That” Observations

January 8, 2021 / Jack Marshall / 21 Comments

The quote in the title, in various forms, has been repeated as a running gag on Instapundit, the conservative mega-blog, for four years now. The idea behind it was that in light of the chaotic and intentionally obnoxious style of the President, Democrats only needed to behave in a statesmanlike, responsible, fair and judicious manner to prevail politically. Instead, they did exactly the opposite.

The problem is that acting crazy worked. The increasingly radical leftist base wanted to rain anger and hate down on President Trump while trying every avenue to remove him without having to brave an election. After originally resisting, the Democratic leadership eventually capitulated, bolstered by now completely partisan news media and the Republican NeverTrumpers, whose hatred of the President was as much driven by class as politics. Now that Democrats have won control of the Senate as well as the White House, they apparently see no reason to stop the formula that succeeded so well—at the cost of dividing the nation, risking violence, destroying trust in our institutions, and cementing a new normal of endless political warfare, but still. This has become the party of “the ends justifies the means.”

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Saturday Morning Ethics: Christmas Countdown Edition

December 19, 2020December 19, 2020 / Jack Marshall / 12 Comments

The story of that Christmas classic, Bing’s last holiday hit and also the last popular Christmas song that references its religious origins, is here.

I almost called this post the Clinton Impeachment Anniversary Edition, but decided to be more upbeat. It was on this date that William Jefferson Clinton became the second U.S. President to be impeached. Like the first, the unfortunate Andrew Johnson, Clinton was acquitted in the Senate. Also like Johnson, Clinton was impeached for genuine reasons consistent with the Constitution’s requirements. The next impeachment—did you notice how Democrats never mentioned it during the 2020 campaign?—-was very different: the Democratic House just decided it wanted to impeach President Trump and contrived an excuse to do it after three years of searching.

As veteran readers here know, it was the near complete absence of ethical analysis from the news media during Monica Madness and the mountain of rationalizations and obfuscations employed by Clinton’s defenders that prompted me to launch The Ethics Scoreboard, which in due course led to Ethics Alarms.

1. A bar exam ethics train wreck in California. The ABA Journal reports that more than 3,000 law school grads who sat for the State Bar of California’s remote October exam had their proctoring videos flagged for review, and dozens report receiving violation notices from the agency’s office of admissions. The issues flagged appear to be largely technology-based, and many claim they had no indication of a problem until they received violation notices. The flagging will create serious problems for those involved. A Chapter 6 Notice, as it is called, allows an applicant to respond in writing before any finding is made. If there is a determination that a test-taker violated procedures, bar actions could include warnings, a score of zero for the flagged sessions or the entire exam and negative marks on character and fitness evaluations, endangering the applicant’s prospects of receiving a license.

An individual can challenge the office’s determination and request an administrative hearing, and an unfavorable outcome can be appealed with the Committee of Bar Examiners and the California Supreme Court. However, those applicants’ October bar exam scores will be in limbo while hearings and appeals are resolved, and they will not be able to take the February 2021 exam when determinations of previous scores are pending.

The violations cited include examinees’ eyes being intermittently out of view of their webcams, audio not working; and test-takers not being present behind their computers during the exam. In other words, this is another disaster created by pandemic hysteria and technology unsuited to the challenge of providing an adequate alternative to in-person activity.

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