Tag Archives: Justice Department

“From The Ethics Alarms “Nah, There’s No Mainstream Media Bias!” Files: The Unethical Headline Of The Month

Here is the headline in the print version of this New York Times story (which the Times headlines appropriately on-line):

Justice Department Acts Against Protections For People With Pre-existing Conditions

This is as pure an example of journalism deceit and a pernicious variety of fake news as I have encountered. An equivalent headline would be to describe  the ACLU petitioning to overturn a federal ban on “hate speech”  as “ACLU Acts Against Protections for Blacks, Gays and Muslims.”

The individual mandate was always unconstitutional as a penalty, and the Supreme Court was poised to overturn the Affordable Care Act on that basis, until Justice Roberts hit on the brilliant but perverse argument that even though the Obama administration and Democrats had insisted that the device wasn’t a tax in order to get the thing passed, it really was, so it was legal after all. Congress, however, repealed the “tax,” so now that pretense no longer works. The mandate is unconstitutional…again.

I know the Democratic approach to legislation and public policy is increasingly “the ends justify the means” and “the Constitution is just an archaic piece of paper,” but the fact is and has always been that the document is our nation’s (increasingly vulnerable) bulwark against tyranny, and it is the duty of the Justice Department and the courts to oppose unconstitutional, as in “illegal,” measures, even those that appear to solve difficult problems.

If a provision is unconstitutional, it doesn’t matter what benefits it may have. We cannot have a precedent that holds that the Constitution can be ignored for “good reasons.” No reason is good enough. That kind of thinking is how Japanese-Americans ended up in concentration camps under an iconic Democratic President, approved by a liberal Supreme Court.

The individual mandate, without the cover story that it is a tax, violates the Constitution. That’s all we need to know. The ability of insurance companies to cover pre-existing conditions under the ACA becomes impossible without it? Well, we’re just going to have to come up with a solution that isn’t unconstitutional, won’t we?

Deceiving the public into believing that upholding core constitutional principles is excessive and sinister when it blocks otherwise desirable policy initiatives is playing with fire. It makes the public civically ignorant. It places false emphasis on results rather than the rule of law.

It paves the road to totalitarianism.

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Saturday Morning Ethics Warm-Up, 6/2/2018: Goodby, Shut Up, My Condolences, WHAT??, And Don’t Say I Didn’t Warn You!

Feelin’ groovy!

1.  The Republicans keep robocalling, and the Democrats...keep emailing. I have protested both. However, right now I am really ticked at the Democrats, whose endless lists I have dutifully asked to be deleted from, then been told that my cyber-door would not be darkened by them again, only to have Tom Perez, Nancy Pelosi and Keith Ellison, plus  show up in by in-box the next day. Do they think this direct violation of my privacy along with their own assurances doesn’t reflect on their fitness to govern? If so, they are wrong.

2. Great news! Now you can identify as British for no good reason whatsoever. I love this story: Thomas J Mace-Archer-Mills Esq. and his insight into the British monarchy a regular feature TV  during that royal wedding I missed because of a sock drawer crisis. His website lists  many media appearances, and one article described him as “the most interviewed man” on the subject of the Wonderful Nuptials.

It has now been revealed that Thomas J Mace-Archer-Mills Esq. is really  Tommy Muscatello, a 38-year-old Italian-American who grew up in upstate New York. But he says he  identifies more as  British than American, so there is that.

Now imagine how well anonymous sources are vetted by crack journalists. [Pointer: Curmy)

3. About that “fever”…An esteemed commenter here proclaimed his exit because of Ethics Alarms’ characterization of the so-called (actually “cleverly-called” is appropriate) “Spygate” scandal (here and here), saying that he would be gone until “the fever” had passed as if questioning the integrity of the Justice Department’s Trump investigation/ “resistance” assistance is obviously a partisan delusion. I almost made that post a Comment of the Day, except that I concluded that denial shouldn’t be mocked. It is, after all, the first of the seven stages of grief, and apparently one which Democrats and progressives are stuck in, while others have progressed at least as far as anger (Stage #3), culminating in episodes like a female comic calling the President’s daughter a “cunt” on television to reactions like this.

Anger, however, only makes one seem overcome with emotion. Denial makes us look blind and gullible. I do not understand the Left suddenly trusting the FBI (Hoover? Felt?) and the Justice Department as if they have always been paragons of virtue. This is pure denial, or, if you prefer, ignorance. If anything, there should be a presumption of politicization in the Justice Department, particularly the Obama version and particularly in light of the post-election conduct of its holdovers like McCabe, Comey and Yates. The FBI, meanwhile, is permanently scarred by Comey’s self-celebration tour, his book, his botching of the Clinton investigation, his dubious testimony before Congress, and his probably illegal leaks of classified information specifically to cause problems for President Trump.

A beloved relative, also in denial, actually tried to tell me last week that the astoundingly suspiciously-timed tarmac meeting between Loretta Lynch and Bill Clinton shouldn’t have raised any alarms. She’s a lawyer. She’s brilliant. She’s sincere. She’s also in denial, Stage 5. That was such a perfect example of the appearance of impropriety that a photo of it should be on Wikipedia under “appearance of impropriety.”) When the leaders of the FBI do things like that in the middle of a Presidential campaign, how can someone of good faith and full cranium argue that it’s irrational to question the act of the same people placing a mole in the Republican candidate’s campaign?   This is the pot calling the Corningware black.

Those in denial have their perceptions warped by their own fever, one that causes them to assume, absent any evidence whatsoever, that President Trump must have been working to steal the election. (They also assume he is guilty of other impeachable crimes, they just don’t know which ones.) Hillary lost, you see, and the polls said it was impossible, so he must have cheated. It can’t be that Trump won because he was running against an epically terrible candidate smugly presenting herself as the “third term” of a spectacularly inept and divisive President. It just can’t. Continue reading

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Morning Ethics Warm-Up, 3/18/18: McCabe, Brennan, And “Fighting Joe” Hooker

Good Morning!

1 McCabe Ethics. If you want a starting place to find smoking guns regarding the stunning bias of the mainstream media, one need look no further than the overwhelming sympathy being expressed for Andrew McCabe, the senior FBI official just fired by AG Jeff Sessions.

 Justice Department Inspector General Michael Horowitz concluded that McCabe misled investigators about his role in directing other officials at the FBI to speak to “The Wall Street Journal” regarding his involvement in a public corruption investigation into the Clinton Foundation. Horowitz’s report on McCabe was referred to the FBI’s Office of Professional Responsibility and the career officials there recommended McCabe’s termination.That means McCabe had to be fired. I never had a job in which I wouldn’t have been fired if an internal investigation showed I had lied on the job. Have you? In a law enforcement job, this is an even worse offense. Firing for cause is virtually mandatory. Of course it is. But here, for example, is “The Atlantic”:

“Andrew McCabe, a former acting and deputy FBI director who had drawn the ire of President Trump, was fired by Attorney General Jeff Sessions late Friday evening, a decision that raises troubling questions about the independence of both the Justice Department and the FBI.”

What? It raises no “troubling questions” at all! McCabe had to be fired. The fact that the President had criticized him is 100% irrelevant. He would have had to be fired if the President said he was the salt of the earth. He would have to be fired if the President said he was the spawn of Hell. McCabe lied. The internal investigation said so. He was fired. Good.

There were plenty of other reasons to be suspicious of McCabe. NBC News reported,  for example, that when McCabe’s wife, Jill, ran for the state Senate in Virginia in 2015, she accepted a donation from a political action committee controlled by then Virginia governor Terry McAuliffe, one of the Clintons’ closest allies. Then, in 2017, McCabe became a key official in the investigation of Hillary’s e-mail tricks. He should have recused himself: it’s called the appearance of impropriety. James Comey should have forced him to recuse himself. Never mind: the lies alone were enough to mandate a firing.

The news media, many believe (including me), support McCabe because he was a source for leaks—in other words, he violated the law and legal ethics to pass along confidential information. For that, if it could be proven, McCabe ought to be disbarred and prosecuted.

To read my progressive Facebook friends’ rants, as their IQ and integrity declines further every day, the current outrage is over the fact that McCabe was fired a mere day before he could take early retirement. Again, good. A high-ranked FBI official who lies on the job must be fired, not allowed to escape accountability by retiring. Once he retired, the only recourse for the Justice Department would be to indict him. It doesn’t matter that he was a day away from retiring. So what? What if he was a month away? A year? A minute? He lied. He deserved to be fired, not to be allowed to retire. The quick retirement dodge was how the Obama Administration justified letting IRS officials that criminally misused the agency for partisan warfare escape accountability.

2. And this is why the President of the United States shouldn’t tweet like a junior high school student, or like Larry Tribe  Here is former CIA Director John Brennan’s tweet in response to McCabe’s firing”

When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history. You may scapegoat Andy McCabe, but you will not destroy America…America will triumph over you.

It is unprofessional, uncivil, misleading and unethical. However, when the President of the United States’ daily habits make such tweets a Presidential norm, this is what you get: not just a Nation of Assholes, but a government of assholes.

Kudos to journalist Sharyl Attkisson for tweeting the perfect response to Brennan’s thuggishness:

“A guy like this would never misuse intel or his authority—would he?” Continue reading

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The Mueller Indictments: Observations And A Spin Report

Late yesterday afternoon the Justice Department announced that it had indicted thirteen Russians and three Russian companies for participation in a scheme to interfere in the United States political system. From the Justice Department website:

“The Department of Justice announced that a grand jury in the District of Columbia today returned an indictment presented by the Special Counsel’s Office. The indictment charges thirteen Russian nationals and three Russian companies for committing federal crimes while seeking to interfere in the United States political system, including the 2016 Presidential election. The defendants allegedly conducted what they called “information warfare against the United States,” with the stated goal of “spread[ing] distrust towards the candidates and the political system in general.”

The full 37-page indictment is here, giving citizens a rare example to read everything reporters know and to thereby be able to gauge exactly how accurate and fair their reporting is, if the citizens are so inclined. SPOILER ALERT: The spin efforts thus far have been staggering.

The press release also tells us in part:

According to the allegations in the indictment, twelve of the individual defendants worked at various times for Internet Research Agency LLC, a Russian company based in St. Petersburg, Russia. …Internet Research Agency allegedly operated through Russian shell companies. It employed hundreds of persons for its online operations, ranging from creators of fictitious personas to technical and administrative support, with an annual budget of millions of dollars. Internet Research Agency was a structured organization headed by a management group and arranged in departments, including graphics, search-engine optimization, information technology, and finance departments. In 2014, the agency established a “translator project” to focus on the U.S. population. In July 2016, more than 80 employees were assigned to the translator project….To hide the Russian origin of their activities, the defendants allegedly purchased space on computer servers located within the United States in order to set up a virtual private network. The defendants allegedly used that infrastructure to establish hundreds of accounts on social media networks such as Facebook, Instagram, and Twitter, making it appear that the accounts were controlled by persons within the United States. They used stolen or fictitious American identities, fraudulent bank accounts, and false identification documents. The defendants posed as politically and socially active Americans, advocating for and against particular political candidates. They established social media pages and groups to communicate with unwitting Americans. They also purchased political advertisements on social media.

Also:

The Russians also recruited and paid real Americans to engage in political activities, promote political campaigns, and stage political rallies. The defendants and their co-conspirators pretended to be grassroots activists. According to the indictment, the Americans did not know that they were communicating with Russians.

Thirteen paragraphs into the release is this statement: “There is no allegation in the indictment that any American was a knowing participant in the alleged unlawful activity. There is no allegation in the indictment that the charged conduct altered the outcome of the 2016 election.”

Talk about burying the lede!

Observations: Continue reading

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Morning Ethics Warm-Up,1/28/2018: Looking For The Silver Lining

Good Morning!

1 Phooey. This was one of those annoying weeks where the blog covered a lot of diverse topics (28 posts in the last 7 days), featured excellent comments, and was rewarded by a kick in the teeth. There was a big drop in followers, especially after the post about the Larry Nassar sentencing fiasco (I got slammed on Facebook, too.) That one is not open to legitimate controversy: the judge was unethical, the manner of sentencing did breach the Judicial Canons in Michigan and elsewhere, the length of the sentence was  disproportionate, and the parade of victims was a disgrace to the system. Never mind, though: he’s a monster and didn’t deserved to be treated any better by the judge, so good for her. No wonder trying to get people to reason using ethics tools and systems is so difficult. Most people default to emotion; some lawyers on Facebook even expressed that sentiment—“You go girl!”

It is such basic ethics, and so core to the justice system, that even the worst human beings deserve to be treated with the same respect and fairness as anyone else in the justice system. It is the bedrock of professional ethics that those with the job of protecting the public’s health, safety and welfare must be role models and eschew the passions and indulgences of the public they are pledged to serve. Yet people are frustratingly resistant to both concepts, giving lip service, pretending to understand, then  regularly bouncing back to rationalizations and mob reasoning like their values were on a bungee cord.

Silver Lining: It is satisfying to be 100% sure you are right in principle, even when, indeed especially when, you are getting beaten up for it.

2. And speaking of bitches…Contemporaneously with Hillary Clinton’s transparently cynical and damning response to the revelation that she responded to a campaign staffer’s complaint about sexual abuse by Hillary’s “spiritual survivor” in 2008 by transferring the accuser while keeping her advisor around (to harass others, it seems), she released a video…

…that began with the words, “And let me just say, this is directed to the activist bitches supporting bitches.” And thus we see how the Nation of Assholes is progressing. Somehow, I didn’t see the coarsening of the culture as Americans, as they always so, emulate the conduct of the President, extending to  Hillary Clinton, but why not? She has no integrity or ethics alarms. If she thinks going potty mouth will bring her money and power, why wouldn’t she ditch civility? The woman is first and always an ethics corrupter. Continue reading

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When Doing The Ethical Thing Is Ugly But Necessary: AG Sessions’ Retracts One Of Those Obama “Dear Colleague Letters”

By the way, “when doing the ethical thing is ugly but necessary” both refers to Sessions’ action and my writing this post…

 In March 2016 , President Obama’s Justice Department sent another one of the administrations patented (well, not really) “Dear Colleague letters” like the one that was used to bully colleges and universities into punishing male students for alleged sexual assault in the absence of sufficient evidence. This one was sent to state and local courts, urging them <cough>to review their procedures regarding fines and other punishments issued to the indigent  to ensure that they were consistent with “due process, equal protection and sound public policy.” The Justice Department’s 2016 release linked the letter to its description of a $2.5 million grant program to help agencies develop strategies that reduce unnecessary confinement of those who can’t pay fines and fees.” The letter said in part,

“Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape.”

The letter also outlined “basic constitutional principles” regarding fee and fine enforcement. They included: Continue reading

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UPDATE: So THAT’S What Really Is Going On. Boy, Wouldn’t It Be Great If There Was Some Trustworthy Professional Source That Would Report Events Without Spin And Intentional Distortions?

 

Somehow, I expect the New York Times to be better than this.

Today’s Morning Warm-Up included this item as its final note:

Ethics Alarms will certainly feature more on this development, but for now I’ll just welcome the decision, sure to be attacked as “white supremacy,”  by the Justice Department’s civil rights division to begin  investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants. Affirmative action has always been a euphemism for “race-based discrimination in favor of the right race,” and while it can be argued that it was a necessary evil in the wake of Jim Crow, it is still a hypocritical and unconstitutional policy.  I hope the Justice Department includes discrimination against Asian-American students in its crackdown as well.

Well what do you know?

DOJ spokeswoman Sarah Isgur Flores  put out a statement today clarifying what the New York Times went out of its way to distort, saying,

“Press reports regarding the personnel posting in the Civil Rights Division have been inaccurate. The posting sought volunteers to investigate one administrative complaint filed by a coalition of 64 Asian-American associations in May 2015 that the prior Administration left unresolved. The complaint alleges racial discrimination against Asian Americans in a university’s admissions policy and practices.”

This was the 2015 complaint by Asian-Americans claiming they were victimized by quotas at Ivy League schools that was discussed in the Ethics Alarms post I linked to this morning. Continue reading

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