Ethics Dunce: The American Bar Association

Res Ipsa Loquitur: The American Bar Association  Section on Civil Rights and Social Justice will bestow the prestigious Thurgood Marshall Award on former Obama U.S. Attorney General Eric Holder during the ABA Annual Meeting in Chicago on August 4. It has been obvious for a long time, but if anyone needed any further evidence that the ABA is now a full-fledged partisan left-wing organization masquerading as an objective professional association, this is it. Holder wasn’t just a bad AG, he was a political one in what is supposed to be a non-political office. He was also racialist, and obviously so, regularly coordinating with Al Sharpton and his followers, and constructing a Civil Rights division that adopted the position that only whites could engage in civil rights violations.

Holder should have disqualified himself from any professional awards, not to mention his high office in the Obama Administration, when he gave the green light to President  Clinton’s  infamous pardon of Democratic donor Marc Rich (aka. Clinton’s quid pro quo for his ex-wife’s  fat donation to his Presidential library). In fact, it was a defining moment, and having defined himself as a partisan lackey, Holder was exactly what President Obama wanted at Justice. Holder intervened in the Trayvon Martin case to signal it as a race-related crime in the absence of any evidence, and did likewise in the Michael Brown shooting, lighting the fuse of racial distrust and community anger at police. Then he called the United States a “nation of cowards” regarding race relations. The real coward was Holder, who used his race—he was the first black Attorney General—to shield himself from the accountability and criticism his mishandling of his office deserved.

Holder was held in contempt of Congress—and allowed the captive news media to call the action “racist”—after he withheld documents and key witnesses from oversight committees looking at several scandals in which his Justice Department was complicit. Notable among them was the “Fast and Furious” fiasco in which the government allowed Mexican drug gangs to get high-powered weapons, one of which ended up killing an American. Holder actively misled Congress in testimony under oath.ore than once.  He sought significant reductions in privacy and due process protections for citizens—civil rights? Hello, ABA?— and personally announced and supported Obama’s “kill list” policy, in which the President asserted the right to kill any U.S. citizen on his sole authority without a charge or due process.  Holder let his  department apply the controversial Espionage Act of 1917 to bring twice the number of such prosecutions under the Act that had occurred under all previous Attorneys General.  He led the Obama Administration in a campaign against government whistle-blowers. Holder championed warrantless surveillance (Civil rights? Hello?). Most damning of all given the title of his upcoming award, Holder was personally involved in targeting journalists for surveillance and  was the leader of an Obama administration attack on the news media that was condemned by many public interest and media groups. Holder’s Justice Department seized phone records for reporters and editors  at three Associated Press offices as well as its office in the House of Representatives. Under oath, Holder later claimed to know nothing about any of it.

Writes Prof. Jonathan Turley, who has written many searing articles documenting Holder’s disgraceful tenure at Justice,

“Holder’s “contributions” cost civil liberties dearly in this country. If the ABA is to give him this award, it could at least spare civil libertarians and journalists the reference to civil liberties.”

_______________

Note: You can read the various Ethics Alarms documentation of Holder unethical words and conduct here.

This one is probably my favorite, from 2014.

Once Again, Stop Making Me Defend President Trump, And Tell Fox To Stop Making Me Defend The People Who Are MAKING Me Defend Him!

 

See? What does Comey have to complain about?

Fred, my topic scout, sent me this and suggested that it was the apotheosis of  Rationalization #22, Comparative Virtue or “It’s not the worst thing.”

Boy, was he right.

In last night’s episode of the Tucker Carlson show—right-wingers are actually impressed with Tucker’s skills at taking down lame liberal fanatics, which is sad in so many ways—featured the Fox News conservative dilettante agreeing with guest James Rosen, who was making the fatuous and ethically offensive point that people shouldn’t get so upset about what Trump does because the Civil War and the Cold War were worse.

This argument is the Mother of All Terrible Rationalizations, and especially bad because it spoils a good point, which is that absent historical perspective, it’s not easy to know what a real crisis is. Arguing that people shouldn’t object to something, however, because something else was worse is the mark of desperation as well as intellectual deficiency. Explain why the alleged crisis isn’t one (as in the Comey firing); explain why the assumed harm is exaggerated, or being hyped, or the product of bias and emotion. But to say, as Rosen, a “conservative historian,” which only means he isn’t an aggressive leftist like almost all of his colleagues, did,

“During Watergate, the term ‘crisis’ was thrown around as well and there were people at that time who were old enough to remember when there were legless Civil War veterans still in the streets of Washington.”

And I’m sure conservative historians were reminding those Civil War casualties while their legs were being sawed off without anesthesia that the Civil War wasn’t nearly as horrible as the Black Death. “Ah, I feel much better now,” they smiled. “Just call me ‘Stumpy!’

Here, for the sake of reference, is the description of #22 on the Ethics Alarms Rationalizations List: Continue reading

The Flat Learning Curve Again: Obama Signals His Desires In A Law Enforcement Matter Of Some Considerable Consequence

curve-flat…and not just any law enforcement matter, but an investigation of a former Secretary of State and presumptive Presidential nominee.

Nice. You see, Barack Obama just doesn’t care. That’s the only possible explanation for this pattern which goes way back to 2009, when he opined on whether his old friend from Harvard, Henry Louis Gates, was the party at fault in an altercation with a Cambridge, Mass, police officer. That was his first year as President, so maybe it’s plausible that this “Constitutional scholar” and allegedly brilliant man didn’t know that the President of the United States warps the justice system and law enforcement when he declares how he thinks they should handle a particular matter, since he is at the tippity top of our rule of law. Obama has done this again and again, however—with Trayvon Martin… in the Big Branch Mine disaster…as Obamacare approached a key challenge in the Supreme Court…in the military sex abuse scandal…regarding Arizona’s illegal immigration laws, and regarding other matters. He has to know by now that it biases the process, but his supporters cheer, the news media makes excuses, only Republicans, the “conservative media”  and Ethics Alarms complain, so he keeps doing it anyway. He can get away with it, so he just doesn’t care.

Nice.

This, however, was special. The same day that the White House admitted that the FBI’s investigation into Hillary Clinton’s intentional mishandling of official e-mails for her own personal needs–she didn’t want citizens to be able to see her business and political machinations using the Freedom of Information Act—was a criminal investigation, he endorsed Clinton for President in glowing terms.

Fox News’ Chief Washington Correspondent James Rosen asked White House Paid Liar Josh Earnest about the appropriateness of this—heaven forfend that any non-conservative-biased news outlet would ask such an obvious and necessary  question, queried “You have other employees of the executive branch, career prosecutors, FBI agents, working this case who have now just heard how the president wants to see this case resolved, in essence. Isn’t there some conflict there?”
Continue reading

The State Department’s Cover-Up Tactics: So This Is Trustworthy, Transparent, Honest Government Under Barack Obama’s Leadership, Is It?

tapper-300x197[Warning: I want to apologize for the snarky and perhaps unprofessional tone of the following post. On second thought, I don’t.]

Barack Obama’s approval ratings have been rising in the wake of the realization that Hillary Clinton or Donald Trump are his likely successors.  I can’t blame the public too much for this, as irrational as it is. Place Steve Buscemi next to the Elephant Man, and after a while he’ll seem like George Clooney.

Still, the fact that so many Americans accept/ enable this incompetent, divisive, corrupt and untrustworthy government under Obama is a major reason such unfit candidates as Clinton and Trump have gotten this far. Never before has such incompetent leadership been so extolled, especially by the news media. The standards for what Americans would accept as Presidential leadership have been lowered catastrophically under Obama, and this is one of many horrible results.

Now the State Department—you know, that major Cabinet Department Hillary Clinton ran, the one that looked the other way while its Secretary violated its policies regarding classified material, then tried to cover it up? That one—  has  admitted that a question from Fox News reporter James Rosen about the government’s secret discussions with Iran was deliberately edited out of a video to re-write history and deceive the public. The section related to secret meetings with Iran prior to the nuclear deal—you know, the one that Obama’s foreign policy advisor Ben Rhodes boasted about how it was foisted on the American people by duping the media. That one. When Fox News first flagged the missing exchange, Obama’s government dismissed it as a “glitch.”

You know. Like The IRS said that it couldn’t find Lois Lerner’s e-mails.

But this week, finding that it couldn’t stonewall any more, the State Department  told reporters  that “a staffer” had erased part of the footage from the December 2013 briefing before it was posted on the Internet. This censor reportedly did so, the State Department admitted, after receiving a phone call from an “unknown” department employee ordering him or her to do so. “There was a deliberate request—this wasn’t a technical glitch,” State now says.

Though they first said it was. When it wasn’t. To put everyone off the track. Because this is the most transparent administration ever, and has never had any scandals. None.

Do I seem annoyed? I am. Continue reading

Unspoken Ethical Quote Of The Month: Outgoing U.S. Attorney General Eric Holder

Attn. General Holder Testifies At Senate Judiciary Hearing On Justice Dept Oversight

“No, I respect the motives and intentions of my critics. Those who have opposed me genuinely disagree with my philosophy and approach to the job, and I would never denigrate them by attributing their opposition to race, bias, or anything but the same passion and belief in their goals for the nation that I have in mine.”

What Attorney General Eric Holder could have and should have answered in his “exit interview” with Politico’s Mike Allen, in answer to the question, “Now, there clearly have been times …when you have felt disrespected on Capitol Hill. How much of that do you think relates to race?”

Holder didn’t answer this way, however.

Holder is black, and consistent with the message that has been trumpeted from the White House, Democrats, the Congressional Black Caucus, and Presidential advisor and Holder consort Al Sharpton for more than six years, any and all problems, criticism, misfortune or failure affecting African Americans can plausibly, reasonably, credibly, and advantageously be attributed to racial bias or outright racism.

Thus Holder’s actual answer to Allen was…

“Yeah, there have been times when I thought that’s at least a piece of it.”

Continue reading

If Someone Praises The Job Eric Holder Did As Attorney General, That Tells You All You Need To Know

eric_holder_ap1

Eric Holder was the most political, biased, inept and undemocratic U.S. Attorney General  in at least 70 years, with the  exception of Nixon’s AG, John Mitchell, who went to jail. And the Attorney Generals have been uniformly terrible in this period; being one of the two worst takes talent, determination, broken ethics alarms and wretched judgement.

Those who praise Holder either are doing so without any idea about his record, or because they want the justice system in the United States to be racially and ideologically biased. The results of the latter, which is Holder’s real legacy, can be seen in the rising distrust between races, and the frequent description of Holder as being Obama’s “scandal goalie.”  The latter isn’t completely fair, because the news media has also been the President’s scandal goalie. The proof: few of the mainstream media retrospectives on Holder’s tenure mentioned the Justice Department’s refusal to hold a thorough and open investigation of the still unfolding I.R.S. scandal, which should have, and under any Republican administration, would have, included an independent prosecutor, because the news media would be screaming for one. This abdication of duty and naked partisanship by Holder alone condemns him. Unfortunately, there is a lot more.

You can begin with the “inside baseball” reports that Justice, under his administration, is a confused mess. That’s hardly surprising, for since the President eschews management and oversight, this is the tendency up and down the system. Without well-regulated policies and oversight, partisan meddling flourishes.

I have neither the time nor the energy to detail each and every example of Holder’s toxic racial and partisan biases, or his flat out ineptitude; there are too many to list, and I am sure I don’t know about some whoppers. Never mind: a fraction of the list would have made the resignation of any other Attorney General mandatory and beyond debate.  Holder is black, and this guaranteed that short of setting fire to the Supreme Court, he would only leave when he was ready. That alone is disgusting.

Here are some other Holder achievements:

1. “If Holder had his way, Khalid Sheikh Mohammed, the mastermind of the Sept. 11 terrorist attacks, might now be on death row,” says ABC. This is the media spinning for Holder: his efforts to have the terrorist tried in New York City was when I first realized how out of his depth he was.

In the contentious Congressional hearings on the matter, Holder told the nation that“Failure is not an option. These are cases that have to be won.” “That have to be won”? Failure, as in acquittal, is “not an option”? This was a confession of the muddled, simultaneously alpha and omega false logic that would become a hallmark of Obama World. Holder proclaimed that the world had to see the United States give its enemies a fair trial, then told Congress that the “fair trial” he was proposing was a show trial,  a kangaroo court, in which justice meant a guilty verdict. It was a stupid, stupid thing for any lawyer, much less an Attorney general to say. Tragically, it was no aberration.

2. Holder refused to defend the Defense of Marriage Act, though it was a law passed by Congress and signed  by a Democratic President. I think he should have been impeached for that. Slate, among others, says that he was “vindicated” because the Supreme Court held the law unconstitutional. They didn’t vindicate his refusing to do his job. It is not the prosecutor’s duty to veto laws duly passed by the legislature and signed into law, nor should he have the power to do so. Holder’s precedent took a bite out of the rule of law, and stood for stunning arrogance. He viewed DOMA as a civil rights incursion: gee, what other laws don’t you like, sir? We found out: he didn’t like drug laws, because he sympathized with the poor, black criminals that tended to violate them. His solution? Minimize the penalties, and send the message that abusing illegal drugs was no big deal. Democrats wanted to curry favor with the Hispanic-American voting bloc? Holder was eager to assist by not enforcing the Federal laws, and by doing everything he could to prevent the states from policing illegal immigrants as well. In a system of laws, favoring authorities that pick and choose which to enforce according to their political beliefs is endorsing obstruction over process, and politics over justice.

3. When acting unconstitutionally suited Holder’s partisan masters, however, he would do it. In 2013, the Justice Department  seized Associated Press phone records, and monitored Fox News reporter James Rosen following a story he published in 2009 on Iran.

4. Holder oversaw specious and intellectually dishonest justifications for the U.S. policy of assassinating suspected terrorists without providing them with a trial, and or any evidence that they were planning imminent attacks. By defining the word imminent in the broadest possible way, this advocacy for the elimination of due process equaled the worst deceits of the Bush Torture Memos, the only difference being an official pass from the Obama-enabling press. The policy, basically a license to murder, ensured that assassinations could be carried out against anyone who the U.S. government feared if the person was located on foreign soil and could not be captured.

5. Then there is Operation Fast & Furious, the proof positive that Holder was going to get away with anything and everything. The Bureau of Alcohol, Tobacco, Firearms and Explosives lost an estimated 1,400 weapons in Mexico, among them: two guns that were used to kill U.S. Border Patrol agent Brian Terry in December 2010.  Holder is the supervisor of the ATF, but testified before the House Judiciary Committee that he had only known about the sting named “Operation Fast & Furious,” for a few weeks. Then investigators uncovered memos on Fast & Furious sent to Holder in July 2010. A reasonable conclusion was that Holder had lied under oath. Oh, no, Holder “explained,” he never read the memos. He was incompetent, not culpable. Despite all evidence to the contrary, Holder indignantly denied a DOJ cover-up, saying that“This operation was flawed in concept, as well as in execution,”  and refusing to be held accountable for his own department’s deadly botch. Bolstered by Obama’s assertion of executive privilege, which prevented future prosecution, Holder refused to turn over documents related to the fiasco. Congress held Holder in contempt in June 2012, and he thoroughly deserved it, because the American people had a right to know the extent of the bungling in the highest reaches of the Obama Administration.

6. Although the supporters of Holder claim that his legacy was built on a dedication to civil rights, this was only in the narrow areas where the Democratic Party saw political advantage. He was not concerned, for example, in the civil rights of Americans when the government wanted to use modern surveillance technologies to spy on them. In the 2012 Supreme Court case U.S. v. Jones, Holder’s Justice Department argued that the police did not violate the Fourth Amendment by attaching  GPS devices to cars so they could know where they were going and where they had been, with that evidence used to acquire evidence. incriminate, try and imprison.  The Supreme Court rejected that position unanimously, because it was a mark of a burgeoning police state.

7. When Democrats wanted to create racial divisions, however, to rile up the base, Holder reported for duty. He assisted the unconscionable effort, still ongoing, by Democrats to characterize a responsible and necessary protection of the integrity of the voting process—photo IDs—as a racist plot, though the measure had long ago been approved by liberals, and only recently became stigmatized as “voter suppression.”

8. Holder’s major wound that he inflicted on the nation was his clear intention to project the image of a black Attorney General whose concern was minorities, whose assumption was that whites were the enemy, and whose biases were front and center. An early cue was his department’s abandonment of charges against two New Black Panthers who stood armed outside a Philadelphia polling place. The controversy, assisted by the media, devolved into an argument over whether this was an example of Justice receiving orders from the political Machiavellis in the White House, or just a lousy, bigoted example of “discretion.” A long official investigation found the latter, but either way, the message sent to white Americans was that this Justice Department was not especially interested in protecting their rights. In the Trayvon Martin shooting and the Ferguson episode, two local issues that should not have been his concern, Holder made statements, engaged in gestures and took actions that signaled his allegiance to the black victims, and opposition to the white (or “white Hispanic”) individual accused. He repeatedly spoke collaboratively before Sharpton’s followers, endorsing their diagnoses of a racist nation, and, by extension, a white population aligned against African Americans. Especially revolting was his repeated attempts to duck legitimate accountability for, you know, being terrible at his job, by race-baiting, such as when he explained Congressional criticism of his handling of Fast & Furious—a career-ender for any white Attorney General, or an appointee of any President who believed in accountability, by saying in 2011…

“This is a way to get at the president because of the way I can be identified with him, both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

It shouldn’t have to be said, but I’ll say it anyway: the job of Attorney General, like the job of President, must be, and must be seen as being, absolutely neutral regarding race. Holder intentionally projected himself as an AG who cared more about minorities than non-minorities, increasing distrust, undermining respect in the justice system, and dividing the nation.

9. Not that he wasn’t feckless and incompetent too: for example, Holder’s Justice Department, almost certainly to ensure later campaign support, allowed multiple corporate criminals to escape serious punishment. For example, the Justice Deportment made a ridiculous plea deal to allow Halliburton executives to avoid jail time after they destroyed evidence of their culpability in the Deepwater Horizon oil spill. The company agreed to pay the maximum allowable fine of $200,000, accepted  a three-year probation;  continued its cooperation with the government’s criminal investigation (which it had to anyway), and  made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters. It could do this with the confidence that hard-core Democrats, being total hypocrites, would still attack the Republican party as a cadre of soulless corporate fat cats and insist that any criticism of Holder’s Justice Department and his boss’s administration was rooted in racism.

And again, the amazing thing is: That’s not all.

Any politician, elected official, pundit, columnist, civil rights leader or President who declares that Eric Holder was a wonderful public servant and a great American is telling you one of three things, or all of them:

  • They are liars.
  • They don’t know anything about Eric Holder, or
  • They believe the integrity of the nation’s laws should be warped and the public trust should be forfeited for a race-based, partisan agenda.

I don’t know about you, but I’ll be taking names.

Ethics Dunce: Fox News, Serving Nobody And Disgracing Itself

The combatants on Sean Hannity’s Fox News show were flaming right-wing madman Bill Cunningham, a god-awful radio talk-show host who must have photos of Sean in flagrante delicto with Nancy Pelosi or something, and Fox house Obama defender Tamara Holder, who is none too sharp herself.  The topic is thoroughly obscured by the invective and petty bickering. It began as a discussion over whether Attorney General Holder committed perjury before Congress regarding his involvement in the James Rosen warrant (he didn’t, barely).

This video clip is self-indicting, but before you watch it, allow me make a couple of points:

  • This kind of uncivil, unprofessional, shouting, insulting, ranting gutter fight provides no information and no illumination. It is an insult to the audience.
  • If, because of misconduct by guests, such an atrocity breaks out on the air, a responsible network should pull the plug on it, and apologize to viewers.
  • A responsible host and moderator should never, ever permit a segment to deteriorate to the degree.
  • Sean Hannity did, and ought to be held accountable. He failed his duty to viewers and to the network.
  • Hannity was on notice that talk show host Bill Cunningham is an offensive, irresponsible blow-hard. This right-wing racist—anyone who habitually calls President Obama by his middle name is by definition a racist, as well as a jackass—is a serial offender that Hannity has on his show frequently. The man isn’t fair, civil, persuasive, pleasant to listen to, funny, wise or smart.
  • Tamara Holder should have walked off the set, if Hannity wasn’t going to be professional and tell Cunningham to be civil or leave. Instead, she eventually responded in kind—understandable, but wrong.
  • Fox should ban Cunningham from TV. Everyone should ban him, for that matter. The message has to be sent that this kind of conduct isn’t “good television,” it is an abuse of public speech.

Now, the clip:

The Ethics Irony of the Justice Department’s First Amendment Chill

040308-N-0000P-002The AP’s president and chief executive Gary Pruitt told the National Press Club this week that the US government’s secret seizure of Associated Press phone records has had a “chilling effect” on news gathering by the agency and other news organizations “Some longtime trusted sources have become nervous and anxious about talking with us,” he said in his speech. .”In some cases, government employees we once checked in with regularly will no longer speak to us by phone. Others are reluctant to meet in person.” He added that this  chilling effect on newsgathering is not just limited to the Associated Press.

My reaction? Bad…and also good. The unprecedented incursions on the news media by the AP operation and the search warrant executed on Fox reporter James Rosen are, I think, pretty obviously, government action that has the effect, and maybe the intent, of intimidating and muzzling the press, and in the case of Rosen, “criminalizing the act of journalism.” This is all ominous for the country, democracy, freedom and the public, and seriously so.

The fact that these efforts have also discouraged leakers and others who breach laws, regulations, promises and professional ethics to satisfy their personal agendas, however, is nothing to mourn. I have long termed the process whereby an untrustworthy employee illegally or unethically leaks information to the press, which then publishes it with impunity, as information laundering. I don’t think such sources ought to have their identity protected—this is an accommodation for reporters that has nothing to do with ethics at all, just pragmatics. Sources should be on the record, not anonymous, and when they reveal information they had promised not to, they should be willing to accept responsibility, accountability, and penalties. Continue reading

Ethics Quote of The Week: Washington Post Blogger Jennifer Rubin

“How about this for a new communications plan: No one investigates themselves. No one take the Fifth. No executive privilege is asserted to protect anyone in the White House from testifying. Everyone tells the truth. And Holder goes. Otherwise it just looks like more spin and more prevarication from a White House determined to do everything but tell the truth, the whole truth and nothing but the truth.”

—-Washington Post conservative blogger Jennifer Rubin, discussing the Obama Administration’s defensive and evasive posture in response to the various scandals within.

Good sign!

Good sign!

I was torn about how best to raise the issue of why Eric Holder’s removal as Attorney General is an ethical imperative. Labeling President Obama an Ethics Dunce in his ridiculous decision to leave the investigation of Holder’s conduct in the various news media investigations to the Justice Department itself was fair, but obvious. Noting the apparent dishonesty of Holder’s denial to Congress that he was involved in the surveillance of James Rosen—

“In regard to potential prosecution of the press for the disclosure of material — this is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

—-seemed too easy, and I also do get tired of the word-parsing employed by the seemingly impenetrable Obama defenders here, for which this would be blood in the water. Continue reading

Ethics Quote of the Week: CNN’s Jake Tapper

“Even if you side with this president over those of us in the media who challenge him in his administration, it is important to remember the precedent these actions set going forward, perhaps when it’s not your guy in the White House.”

Jake Tapper, former ABC reporter turned CNN headliner, warning knee-jerk Obama defenders that there are rather significant risks in supporting leaders and their governments when they obstruct basic rights, just because you like their policies and don’t like the citizens who are being mistreated.

Martin Niemöller said it better, but some people need the reminder...

Martin Niemöller said it better, but some people need the reminder…

I’m not especially enamored of  Tapper’s quote, and the fact that such a statement is noteworthy coming from a major news media figure is depressing. Tapper introduced his warning by admitting that he was biased himself, “but.”  I suppose admitting a presumably leftward bias is worthy of praise for transparency’s sake—and Tapper has copped to being biased before—yet it also reminds us how truly untrustworthy our supposed bulwark against tyranny (that is, the news media)  is, siding as it does with the party currently in charge with such consistency.

His is also not truly an ethical statement, as it relies on a non-ethical argument, the equivalent of “Hey, we probably shouldn’t kill that guy, because then his gang will be coming after us.” There’s no ethics at all in Tapper’s argument, except that the conduct he’s attempting to encourage, responsible citizenship and the refusal to tolerate the abuse of power, is more ethical than the alternative, which is what we’ve been seeing for almost five years. The Golden Rule, in other words, in not “Do unto others because if you don’t it’s very possible that the soon the others may be doing the same thing to you.” Continue reading