Tag Archives: Lawrence Tribe

Saturday Night Ethics Update, 3/10/2018: 16-Year-Olds And The NRA

Good evening.

(The combination of an early morning seminar, a $^%%#! D.C. marathon that closed down access to the venue, and a lost power cord rendering my netbook useless conspired to prevent both late posts yesterday and early ones today: I’m sorry. I’m back at my desk, chagrined but unbowed…)

1 Why not 10? Why not 2? Poor, declining, Twitter-addict Lawrence Tribe’s ridiculous claim that the voting age should be lowered to 16 was so self-evidently silly that I assumed no one serious would adopt it.  But, as H. L. Mencken kind of said,  “No one ever went broke underestimating the intelligence of the American public,”  and as I’ll say now, nobody can underestimate the level of irresponsible proposals that anti-gun zealots will float in their desperation to gut the Second Amendment.

Last week, Temple University’s Laurence Steinberg, a professor of psychology, issued a Times op-ed arguing for Tribe’s new voters, ignoring his own profession’s conclusions that children that young, in addition to not being, you know, adults, also have not mastered stable reasoning ability because their brains are not fully formed. Never mind, says the prof:

“The last time the United States lowered the federal voting age was in 1971, when it went from 21 to 18. In that instance, the main motivating force was outrage over the fact that 18-year-olds could be sent to fight in Vietnam but could not vote. The proposal to lower the voting age to 16 is motivated by today’s outrage that those most vulnerable to school shootings have no say in how such atrocities are best prevented. Let’s give those young people more than just their voices to make a change.”

Wow, what a well-reasoned argument! I can”t wait for the proposal to lower the voting age to minus-eight months out of outrage that those most vulnerable to abortions have no say in how such atrocities are best prevented. Yes, it’s true: the anti-gun Left is willing to follow President Trump with President Kendall Jenner, as long as we let the government and police have all the guns.

Maybe Temple psychologists and lapsed Harvard Law professors should lose the vote, since they apparently can’t reason above the level of 16-year-olds. Continue reading

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Of COURSE! “Think Of The Children!” Takes The Next Irresponsible Step!

Why do I I keep over-estimating the integrity of progressives?  I think this is because so many of my friends, classmates, colleagues and family members would call themselves liberals, and I cannot believe they would ever allow their ideological passions to bring them to such a devolved state. I believe, indeed I know, that they are smarter than that.

But the gun debate is like Twitter: it magically lowers IQs. I have read dozens and dozens of screeds, essay, calls to arms, and, of course, debate transcripts, and anti-gun zealots have yet to come up with an honest argument, much less a persuasive one. Employing various levels of civility, they typically  begin by vilifying their opponents, proceed to making sweeping generalizations, usually with the help of misleading or fraudulent statistics. Then come the rationalizations and the emotion-based fallacies: If it saves just one life…”;”Guns mean more to Republicans than the safety of out children…; “If other countries can do it…”; “This has to stop!…” ; “Nobody needs a gun…”...and on, and on.

These are childish arguments, now framed by Rationalization # 57. The Universal Trump, or “Think of the children!”

 #57 is designed to end arguments before they start, using a conversation-stopper, dripping with sentiment, that only heartless curs and brutes can ignore. Bias makes us stupid, and since almost everyone is biased toward children, Rationalization #56 has the effect, and the intentional effect, of spraying Stupid Gas far and wide to ensure that reasoned analysis is impossible. It is an assertion that bias not only trumps legitimate objections to a course of action, but that it should….

Yet I did not see it-I DID NOT SEE IT!—that the next illogical step in the anti-gun crusade would be to turn the job of advocating for gun bans and confiscation to actual children. This is brilliant, when you think about it. They can’t make less sense than the adults in the debate, and since they are children, and in the case of Marjory Stoneman Douglas students, survivors, they guarantee that their adversaries will hold their fire. (Well, not me, but most of them.) Some of the most villainous despots in world history have used children this way. It’s cynical and cruel, but since these people believe that the ends justifies the means, let’s trot out the kids!

So there have been youth lie-ins, protests and walk-outs. There is, of course, an on-line petition  at Change.Org, where bad ideas go, and a looming march with this crystal objective:

“The mission and focus of March For Our Lives is to demand that a comprehensive and effective bill be immediately brought before Congress to address these gun issues. No special interest group, no political agenda is more critical than timely passage of legislation to effectively address the gun violence issues that are rampant in our country.”

And what would such a magic bill consist of? Hey, we’re just kids! We demand, and the adults are supposed to deliver! Isn’t that how it works? Continue reading

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Morning Ethics Warm-Up, 12/21/2018: Bad, Worse, Worst, And Beyond Comprehension…

Good Morning, Everyone!

1 Whew! This guy was almost on the Supreme Court! Retired Harvard Law School Constitutional law prof Lawrence Tribe. whose recent misadventures on Twitter have become the cause of mirth and dismay in the legal world, tweeted this:

The premise of the 2015 post “A Nation of Assholes” was that a President Donald Trump’s crudeness, incivility and boorishness would permanently degrade the culture through the influence the office of the Presidency traditionally has on the young. Bill Clinton, for example, made blow-jobs cool to high school students.  This, Ethics Alarms held, was alone good reason to defeat him. However, I did not see his influence affecting the likes of Larry Tribe, as well as Trump’s adult adversaries in academia, the news media, and the Democratic Party, all of whom have allowed their own discourse to head into Tarentinoville because of Trump Derangement. This, in turn—you morons!-–minimizes and normalizes Trump’s vulgarity.

The President has not, unlike Tom Perez, Senator Kamala Harris and others, used any vulgar words in his public utterances or tweets. The infamous “shithouse” line was used, if it was used, in a private meeting, whereupon CNN took it into the living rooms of America an estimated 200 times.

And by the way, Professor, #SchumerShutdown is accurate, and TrumpShitdown isn’t even clever unless one is about 11.

2. And speaking of assholes… Bill Maher had a blinding moment of clarity, and ranted this yesterday on his HBO show (I have to rely on Ann Althouse for this quote, because I would no more watch Bill Maher than I would chew off my foot):

“I’m down with #MeToo. I’m not down with #MeCarthyism. Something is way off when Senator Kirsten Gillibrand can go unchallenged saying ‘when we start having to talk about the differences between sexual assault and sexual harassment and unwanted groping, you are having the wrong conversation.’ Can’t we just be having an additional conversation? Can we only have one thought now? I get it that Al Franken had to become roadkill on The Zero Tolerance Highway — a highway, it seems, only Democrats have to drive on — but do liberals really want to become The Distinction Deniers, the people who can’t tell or don’t want to see a difference between an assault in a van and a backrub by the watercooler? Masturbation is normal and healthy. But not in the park. Giving up on the idea that even bad things have degrees? That is as dumb as embracing the idea of ‘alternative facts.’ I get it when Trump’s side doesn’t want to talk. He only knows 88 words. But we are supposed to be The Conversation People. Justice requires weighing things. That’s why Lady Justice is holding a scale, not a sawed-off shotgun. Senator Gillibrand went on to say, ‘You need to draw a line in the sand and say none of it is okay.’ Yes. Agreed. But we can’t walk and chew gum anymore? We can’t agree that groping and rape are both unacceptable and one is worse?…”

Not quite Ethics Hero material, but for a hero of the young Left to make this point can’t be anything but good. Maher isn’t really a progressive, and he’s certainly no feminist (Does Proudly Promiscuous Bill fear the knock on his own door from #MeToo in the middle of the night? I’d bet on it…); he’s a self-serving libertarian who hates Republicans. Nevertheless, he knows, as my father would say, which side of the bread his butter is on, so for him to challenge the witch hunters is, for him, principled and courageous. Quick observations:

  • Did Senator Gillibrand really say that?
  • Why did Senator Franken have to become roadkill, Bill? Because those wild-eyed progressives you pander to are ruthless and obsessed, that’s why.
  • Bill’s periodic virtue-signals during his rant are obvious and undermine the force of his message. “A highway, it seems, only Democrats have to drive on”—what does that mean, exactly? That Republicans should have to drive on the same highway Bill is condemning? No, that makes no sense. That Democrats are being absurd, and Republicans are being reasonable? No, Bill doesn’t want to say that. What then? Oh, Bill has no idea, he just knows that if it sounds like Republican-bashing, that’s good enough for his typical, half-stoned fans.
  • I am about to add the “alternative facts” jibe to my list of misleading comments that I am pledged to correct every time I hear it. This was a live TV gaffe, not by the President but by Kellyanne Conway. Repeating it ad nauseum as if it was an official statement of policy is a lazy cheap shot at this point.
  • In Althouse’s comments, someone claims that Maher’s reference to “88 words” was a coded reference to Trump being a Nazi (H is the 8th letter, so “Heil Hitler” is “88”) Is Maher really that slimy?

3. Why would it be wrong to use the death penalty on the Turpins? My position on capital punishment is that it is an essential tool for society to establish what it regards as the worst possible violations of societal and cultural standards, the crimes that civilization must reject in the strongest possible terms if it is to survive.  Treason, terrorism, mass and serial murder, and kidnapping children for ransom are reasonable crimes to ethically justify death by execution. What David Allen Turpin and Louise Anna Turpin reportedly did to their 13 children is arguably as bad or worse than any of these. We just don’t have a name for the crime. It would have to be some combination of torture, imprisonment, child abuse, depravity, and sadism–and even that doesn’t describe it.

I believe the nation, our jurisprudence and civilization would benefit if what the Turpins did henceforth was punishable by death, even if, as I hope, the opportunity to use the law never occurs.  Unfortunately, there is no law on the books now to permit killing them.

Too bad. Continue reading

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Morning Ethics Warm-Up: 1/12/2018: Sigh. It Never Ends. (Part I)

Good Morning.

Blecchh.

I can’t begin to describe how much I would rather discuss something else. But I don’t control the universe, why, I don’t know.

1 Is this Plan K? Oh, probably. Sigh.

With the rapid demise of Plan E, this time around, anyway—that’s the “let’s remove President Trump because he’s mentally disabled” plot, which was quickly reactivated once Plan J (“Let’s force the President to resign like Al Franken because of unverified sexual misconduct accusers that voters knew about when they elected him”), the over-heated reporting of alleged vulgar and arguably racist comments the President may have made in a non-public meeting would suggest that “the resistance” and the mainstream media (but I repeat myself) will be fulminating and demanding dire consequences for the foreseeable future.Plan K will be “Vulgarity and undiplomatic statements about immigrants pretty much exactly like how Trump began his Presiential campaign is grounds for impeachment” or something similar. Please send me the link to the first appearance of this argument, will you?

This obviously will never end, and I despair. Democrats will never accept their obligations as citizens and regard the elected leader of the Unites States as legitimate and entitled to do his job until he is either defeated or prevails in the next election. They would prefer to dangerously divide the nation and undermine its institutions, perhaps doing permanent damage.

Yesterday, Times op-ed writer Nicholas Kristoff wrote another Trump/hate/fear-mongering piece indistinguishable from dozens—hundreds?— that have been written and published since January of last year. “Trump’s Threat To Democracy,” it was called—ironic, since the only current threat to democracy is not the President, but Kristof and his fellow travelers seeking to overthrow an elected government “by any means possible,” via Plans A-J and whatever’s next. His screed is an appeal to the authority of two Harvard profs, because as we have seen in the sad cases of Larry Lessig and Lawrence Tribe, you can find previously distinguished Harvard professors who will say almost anything to polish their progressive creds in the age of Trump Derangement.

Steven Levitsky and Daniel Ziblatt have a book coming out–no, I won’t plug it—that argues that Trump displays what they call “the four four warning signs” that a political leader is a dangerous authoritarian:

1.The leader shows only a weak commitment to democratic rules.

2. He or she denies the legitimacy of opponents.

3. He or she tolerates violence.

4. He or she shows some willingness to curb civil liberties or the media.

“A politician who meets even one of these criteria is cause for concern,” they say. Of course, as the professors show  in their examples and  Kristoff proves in his column,  what constitutes evidence of those “warning signs” is a subjective judgment that can be manipulated and built on biased political calculations. He writes, Continue reading

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“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading

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Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

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Ethics Quote Of The Month: Professor Jonathan Turley

“This is Larry Tribe’s brain on Trump…”

“There is an open frustration among many who want confirmation that we are finally close to a Trump indictment. It is neither satisfying nor entertaining to consistently say that this is far short of any cognizable criminal case. However, the cable news is filled with experts assuring viewers that we are closer than we are. It is like finding a scientist willing to assure viewers that the moon is half its actual distance. It may be an exciting prospect, but it makes any attempt a dangerous pursuit.”

-George Washington University Law School Professor Jonathan Turley, decisively debunking claims that President Trump was guilty of “witness tampering” when he helped hos son craft a misleading description of his meeting with Russians offering “opposition research.”

When the nauseating history of “the resistance” is written, laying out how Democrats, progressives and the news media abused, harassed, undermined, obstructed and withheld basic respect of his office from this President unlike any before him in hopes of  overturning an election, Professor Turley will stand tall, just as he did during the run-up to the Clinton impeachment, when he was one of the few liberal scholars with the courage to spit on the Democrats’ “everybody does it” and “it’s just sex” defenses. Along with fellow liberal legal scholar Alan Dershowitz, Turley has steadfastly insisted on legal precision and fairness from the various members of his profession, some distinguished indeed, who have rushed to give aid and comport to  anti-Trump zealots by jamming the square pegs of Trump’s conduct into the round holes of criminal statutes.

One of the repeat offenders has been former Harvard law professor Lawrence Tribe.  Tribe quickly announced that what Trump had done by working on his son’s statement was witness tampering.  Tribe previously has opined that Trump and his family was guilty of evidence of obstruction of justice, criminal election violations, Logan Act violations, extortion and possible treason by the president or his family, as well as by May joining Maxine Waters in the indefensible fantasy that Trump could and should be impeached. Tribe also recently tweeted that White House aide Stephen Miller was a “non human,” though that tweet has been taken down by its impulsive author.

Come on, Larry! You can’t do “the resistance” any good by broadcasting your biases like that!

Yes, there is strong evidence that the Trump Hate Virus has eaten away at the once brilliant professor’s prodigious brain, but Turley respectfully treats his latest impeachment fantasy with the respect it might deserve if Tribe were still at its peak:

[A] misleading statement is not a crime in itself — or half of Washington would be serving time. It is spin. It turned out to be remarkably ill-advised and self-defeating spin, but it was a classic effort to emphasize the least damaging part of the story. It was also dumb. The president knew there was a special counsel in the field investigating his role into a possible effort to obstruct the Russian investigation. There were various options in responding to the New York Times story about emails to Trump’s son.

This was the worst of all available options. The president prevented his staff from insulating himself from the story and creating some crush space between him and his controversy. By inserting himself into the controversy, he harmed both his and his son’s legal position. Trump, once again, made the White House the center of gravity for the scandal rather than Trump Tower or the campaign….

However, it still does not make it a crime. Take Tribe’s witness tampering claim. The statutory provision in 18 U.S.C. 1512 addresses an effort to “corruptly persuade another person” to “influence” testimony of that person in the withholding of information. This language has never been extended to a public statement of this kind.

First, there was no existing demand for testimony from Trump Jr. on this meeting. Second, there is no evidence that Trump told his son to lie about the email or the original understanding of the meeting. This was not coaching for testimony but a public defense. Third, even if this were construed to be about testimony, the law contains an express affirmative defense (that needs only be proven by a preponderance of the evidence) that “the conduct consisted solely of lawful conduct” and that the defendant intended to encourage truthful testimony. The Trumps have emphasized what the meeting primarily addressed while downplaying what it was intended to address. They did not address the original purpose in the statement.

Turley goes on to note the pernicious double standards being employed by Tribe and others corrupted by their “resistance” fervor.”

“The Clintons were famous for such spins. Indeed, with knowledge of an ongoing investigation in the field, Clinton repeatedly changed her account of the use of a personal server to transmit sensitive and classified information. It went from an assertion that no classified material was sent (which is untrue) to a statement that she never “received nor sent any material that was marked classified” (which is also untrue).”

Of course, Tribe never raised a peep about Hillary’s conduct on Twitter or anywhere else. Continue reading

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