A GOP Candidate Wins A House Seat In Montana Despite Attacking A Reporter The Night Before The Election. What’s Going On Here?

Yesterday, in an Ethics Alarms post pointing out that nobody should vote a person who physically attacks reporters, or indeed, who attacks anybody, into Congress, I wrote,

What kind of person would vote for Gianforte after last night’s display? The kind of person who argues that character doesn’t matter in elected officials, only their positions.

And idiots, of course.

Candidate/Thug Greg Gianforte, the Republican candidate, won the election nonetheless with over 50% of the votes. Rob Quist, the Democrat, received only 44%. Does this mean that over 50% of Montana voters are idiots? No, that wouldn’t be a fair conclusion. An estimated 60% of voters had turned in their ballots already, so the Gianforte voters in that batch weren’t necessarily idiots. (As I implied in the post yesterday, the advocates for voting before election day, thus allowing late-arriving information about the candidates—as in, “Hey! This guy is an unstable, volatile jerk with the judgment of a bar room goon!” to have minimal effect on  election results, have embraced an irresponsible, idiotic even, policy.)

Gianforte’s victory illuminate  other ethics issues, hwoever:

1. Addressing supporters in his victory speech, Gianforte apologized to the reporter he body-slammed, the journalists who witnessed the attack, and Montanans, saying “When you make a mistake you have to own up to it. That’s the Montana way.”

Ugh, yecchh, gag, petui!

If that’s the Montana way, why did Gianforte sit back and allow his campaign to blame the episode on the reporter? Remember, the statement from Gianforte’s staff, which is to say Gianforte,  said that the reporter,

“entered the [campaign] office without permission, aggressively shoved a recorder in Greg’s face, and began asking badgering questions….After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground. It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ.”

That isn’t owning up. That’s covering up, spinning and lying. Does the new Congressman’s apology mean that he acknowledges that his campaign was lying? When will he own up to that?  An apology now is cheap, cynical and meaningless, for Gianforte won, and Montana is stuck with him for two years.

2. A Montana TV station refused to inform its viewers that Gianforte had assaulted and battered a reporter. NBC affiliate KECI, recently purchased by the conservative media conglomerate Sinclair Broadcasting, adamantly kept the report of the attack and the audio of the incident,  arguing that “The person that tweeted [Jacobs] and was allegedly body slammed is a reporter for a politically biased publication.”  That “biased publication” was the Guardian, and the tweeter was Ben Jacobs, the victim. His account was confirmed by reporters from Fox News…you know, that liberal network that is always trying to make Republicans look bad. The anchor of the evening newscast, Laurel Staples, read a statement that said, in part, “NBC Montana takes pride in reporting only verifiable facts from an independent, reliable sources.”

 NBC News, including the Today show and affiliates across the country, played the audio of the altercation between Jacobs and Gianforte, who was charged with misdemeanor assault, indicating that reports of the episode were reliable. Continue reading

“Fuck Donald Trump!”

I was bemused to see a Sunday New York Times front page story described the White House as beset with “scandals.” Try as I might, I couldn’t come up with anything that qualified as a “scandal” applying the prior standards of ethical journalism, and especially if one considered the standards the news media applied to the Obama Administration. For reference purposes, the Obama White House manipulating the facts of the Benghazi raid to avoid accountability was not a scandal, it was a “nothingburger.”  The IRS, an executive agency under the authority of President Obama, deliberately and illegally sabotaging conservative groups to assist in Obama’s re-election wasn’t a scandal,  it was just “rogue employees.” Obama’s Justice Department surveilling a Fox journalist in defiance of the First Amendment wasn’t a scandal, because Fox News.

“Fast and Furious” wasn’t a scandal because the Attorney General who oversaw it said it wasn’t, and besides, the Justice Department was investigating itself, so all was well. Barack Obama repeatedly lying about what was in the health care bill that we had to pass to know what was in it wasn’t a scandal, it was just a slip of the tongue, over and over again. The same slip. Secretly trading five terrorists for a deserter whom the administration first described to the public as a soldier who “served the United States with honor and distinction” wasn’t a scandal because the mainstream media gave it a pass…and so on.

Firing someone a President has the power and right to fire and who was objectively untrustworthy  is not a scandal, nor is it a “crisis,”  no matter how many times reporters say it is. Alleged statements made by a President leaked by anonymous sources are not scandals, because they are alleged statements made by a President leaked by anonymous sources. A news media—led by two rival national newspapers trying to top each other by publishing breathless accounts of hearsay as if that is ever  evidence of anything—that has openly abandoned all ethical journalism standards and allied itself with a partisan effort to undermine and remove an elected President is a scandal, as well as a crisis. More on that one later.

The other scandal and crisis is the complete abdication of reason, responsibility, civility and sanity by the Democratic Party as it commits to satisfying the blood lust of its most hard-core and irrational supporters, by trying to unseat the President of the United States without the inconvenience of having to win an election. The latest ugly proof that this scandal is real came from California, where the state Democratic Party convention climaxed with outgoing party Chair John Burton extending two middle fingers in the air and leading a cheering throng in the chant,  “Fuck Donald Trump,” as Nancy Pelosi laughed it up in the crowd (as you can see in the photo.) Continue reading

Comment Of The Day: “Reluctant Additional Ethics Notes On A Manufactured Crisis: The Comey Firing Freakout”

With so much loose talk about impeachment going around (and by “loose” I mean “inexcusably ignorant”), texagg04’s review of the Constitutional standard for the removal of a President is a gift to readers of Ethics Alarms, and one of the most interesting and informative comments ever to appear here.

He was reacting to a New York Times op-ed, cited by another commenter,  by political scientist Greg Weiner (no relation) titled, “Impeachment’s Political Heart,” in which the author concluded,

“The question is by what standards they should conduct this work, and that question provides an opportunity to correct the mistaken assumption according to which presidents can forfeit the public trust only by committing what the law recognizes as a crime. That is a poor bar for a mature republic to set. It is not the one a newborn republic established. And that is why the idea that the conversation about impeachment is simply a political persecution of a man who is technically innocent of a literal crime not only jumps the investigatory gun. It misses the constitutional point.”

Having studied the issue myself, I immediately rejected Weiner’s analysis (which still is worth reading in its entirety) on the ground that a constantly evolving standard of what is a “high crime and misdemeanor” simply means that Presidents can be impeached for behaving, or governing, in ways that enough members of Congress, the news media and the public don’t like. That is what is being advocated now, and that approach would undermine our democracy, the power of elections, and the office of the President.

My gut response, however, is wan and insubstantial compared to tex’s masterful historical review and astute analysis, which (whew!) reaches a similar conclusion.

Here is texagg04’s fascinating Comment of the Day on the post, “Reluctant Additional Ethics Notes On A Manufactured “Crisis”: The Comey Firing Freakout”…I’ll have one brief comment afterwards:

[Weiner] is making an argument from the same source material I mentioned, chiefly the Federalist papers. I still haven’t found Madison’s own specific arguments regarding it, but I think the source is irrelevant as the body of work published by the Founders (“Federalist” and “Antifederalist” alike) should be read as a single work documenting an internal dialogue, to be used as clarification when and where the final adopted documents possibly contain ambiguity. This could very well be one of those cases. That being said, the body of work by the Founders which may aid in revealing their intent or at least how they believed their philosophy of our political system out to be enshrined in the constitution, isn’t the only body of work used to interpret their intent. There is precedence and tradition, which the author of this article disregards when he says “Our tendency to read the impeachment power in an overly legalistic way, which is ratified by 230 years of excessive timidity about its use, obscures the political rather than juridical nature of the device.”

He’s right in nothing but that many of the earliest drafts and proposed language of the impeachment standards were very vague, such as (not an exhaustive list):

Continue reading

My Mistake! I Thought Having Trump As President Would Teach Our Kids To Be Uncivil, Vulgar Assholes…I Didn’t Foresee Anderson Cooper Helping Out

[The title above is a reference to this post from last year, in case you missed it despite my linking to it just about every other day since…]

On the May 19, 2017 edition of Anderson Cooper 360, the CNN host became frustrated with President Trump’s flack Jeffrey Lord—consider him this President’s less slick version of Lanny Davis or less repulsive version of Paul Begala—-as Lord defended the President’s alleged description of former F.B.I. Director James Comey as a “nut job,” leading to this immortal exchange.

Cooper: If he took a dump on his desk, you would defend it.

Lord: What? [Starts laughing.]

Niiiiice! So professional! So respectful to the President of the United States and any CNN viewers left who have a shred of civility, decency, and sense of  etiquette in public discourse!

So disgusting.

As we know, a back-up weekend weatherman who said this about the  previous President or any before him would have been fired before he finished the 7 day forecast. Cooper, however, is permitted this gutter level breach of courtesy and professionalism, because 1) as CNN’s star, he is held to a lower standard (The Star Syndrome) than weekend weathermen, as we saw in when Cooper smirked and joked with Rachel Maddow about the gay term “teabagger” in order to mock the Tea Party movement,  2) CNN has normalized blatant partisan gestures and outbursts by its talking heads, and 2) this President of the United States  has been found  unworthy of respect and courtesy, or professional journalism standards. CNN will do nothing to discipline Cooper or send te message that his conduct is unacceptable, because the dirty little secret is that as long as President Trump is the target, it is acceptable. At this point in its devolution, CNN is cheerleading what has been accurately called a slow-motion attempted coup by the one-time news network’s party of choice. A Harvard media study released last week showed CNN to be the most unbalanced of all major news outlets in its reporting on the President’s first 100 days, with 97% of its coverage negative in substance or tone.

Cooper later apologized to Lord in the segment, saying, “I like having your voice on here and I think you’re an important voice to have, so I’m sorry I was a little crude. And you defend the president very well, and that’s your job.”

A little crude? Continue reading

Comment Of The Day (2): “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”

It would be unfair to characterize fattymoon’s comment, which was, like the previous COTD, supposed to be posted almost a week ago, as an example of the phenomenon just discussed. Fatty, a smart, disillusioned Occupy veteran, is bipartisan opponent of the status quo, and a revolutionary with integrity: he does not embrace the double standards that render the “resistance” ridiculous, taking such self-disqualifying positions as  Maxine Waters’ classic that while President Hillary Clinton could have fired FBI chief Comey without wrongdoing, it was an obstruction of justice for President Trump to do so. I chose his comment for reposting because it is a virtual archive of the faulty reasoning and rationalizations that sustain the anti-Trump barrage. I will elaborate on that after you read fattymoon’s Comment of the Day on the post, “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”:

Some of your quotes followed by my thoughts…

“None of it justifies the fake news” – Which entity pours on the most fake news, the media or the White House? Open to argument, yes?

“concocted Russian conspiracy theories” – You’re jumping the gun, sir. The jury is out.

“I stand behind the office.” – I refuse to accept the man behind the office. If left unchecked, Trump will bring down the office after inalterably defacing it.

“I made it clear that Trump had neither the Character, nor the skills or knowledge, to hold it, just as I made it clear that Hillary Clinton was also an unfit candidate because of her thorough corruption.” – Are you saying that Trump is not thoroughly corrupt? Just a little corrupt?

“This is Andrew Johnson all over again.” – Rightfully so, imo. (“Johnson is regarded by many historians as one of the worst presidents in American history.” – Wikipedia)

“I have minimal influence, but I will do my best to protect the Office and institution of the Presidency from those who would destroy it, no matter who occupies that office.” – And I will do my best to protect the Office and institution of the Presidency from those who would destroy it, i.e. Donald Trump. Continue reading

Responsible And Necessary: The Appointment Of A Special Counsel

The Justice Department appointed Robert S. Mueller III (above), a former F.B.I. director, as special counsel to handle the Russia probe.

I am reading conservative pundits fuming over this development for a number of reasons, some of them valid and troubling. However, there is no good argument to be made that a Special Counsel isn’t necessary now.

Assistant Attorney General Rod Rosenstein explained his decision to make the appointment (remember, he is acting AG in the Russian investigation, because Jeff Sessions was bullied and hectored into recusing himself, also unavoidable):

“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter.My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”

Exactly. As for the last sentence, President Trump has no one to blame but himself. His own, typical, blundering, blathering ways created this atmosphere—that and “Deep State” leaks calculated to undermine him, and a news media feasting on those leaks like sharks on chum.

It is being argued that you can’t appoint a special prosecutor unless there is a finding that crimes have been committed. Here are the relevant sections of the law:

§ 600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and –

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

§ 600.2 Alternatives available to the Attorney General.

When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

I don’t read the law so narrowly. The law requires that there be a determination that a criminal investigation is warranted, not that crimes have been committed. Continue reading

Ethical Quote Of The Month: Former Harvard Law Professor Alan Dershowitz

“If it was a polite request saying, ‘Oh, you know, he’s a good guy, Flynn, I wish you’d back off this thing,’ that’s not an obstruction of justice. If it was a command, it would raise stronger problems.”

—Retired Harvard law professor , Constitutional scholar, lawyer, liberal and CNN commentator Alan Dershowitz, trying to explain to MSNBC what “obstruction of justice” means.

I’ve never been a Dershowitz fan, but when the List of Shame is complied after the Post 2016 Election Ethics Train Wreck has finally ground to a halt, he’ll be on another list: the one containing those who maintained their integrity.

He needn’t have bothered: the news media/Democratic Party/ “resistance'” collective has already labelled James Comey’s so far only rumored “memo” recounting that the President asked the then-FBI Director, in a private meeting in February, to close the FBI investigation of Trump’s former national security adviser, Michael Flynn, proof of criminal motives and acts.

The New York Times learned of the memo from two people who claim they had read it. One of them read part of the memo to a Times journalist.  According to these unnamed sources’ description of the memo, Trump told Comey, “I hope you can let this go” in a meeting that took place the day after Flynn was forced to resign.

“I hope you can let this go” would be consistent with what Dershowitz, no Trump supporter but apparently yet to be infected with the integrity- and logic-destoying anti-Trump virus, accurately described as “not an obstruction of justice.”

The Times, however, a card-carrying member of the “overturn the election” cabal—we know this because it stated last August that defeating Trump justified tossing journalism ethics into the trash, and because since the election, its pages have from the book reviews to the op-ed pages have been filled anti-Trump propaganda—called Trump’s reported request “the clearest evidence that the president has tried to directly influence the Justice Department and FBI investigation” into links between Trump associates and Russia. This must mean that there is no evidence, at all, since saying “I hope you can let this go” is barely influence at all.

The news of the alleged memo was breathlessly hailed by the “Can we impeach him now?” fanatics, including some readers of this blog who should know better and once did, as a “bombshell.” As Alan Dershowitz dispassionately points out, and as I have in the comment threads, it’s no bombshell. This is not  remarkable observation; a New York Times contributor was even allowed to agree with Dershowitz. (The Times can’t completely commit to the lynch mob, for then its efforts to aid and abet would be less valuable. It’s quite a tightrope these people are walking….). Constitutional law prof Elizabeth Price Foley wrote, Continue reading

Scouting Ethics: The Cookie Thief And The Loathsome Left

1. Now THIS is an unethical troop leader!

Law enforcement authorities in Kentucky are are currently looking Leah Ann Vick, 26, a Girl Scout troop leader who appears to be on the lam after picking up a large order of yummy Girl Scout cookies for her Wilderness Road chapter as well as, it is believed, orders belonging to other troops in Pikesville, Kentucky.

Vick was supposed to pay for the cookies once they had been sold—their value is $15,000— but she never returned, nor did she drop off her troop’s cookies with her scouts. She has disappeared, apparently taking the cookies with her. She has been indicted by a Pike County grand jury on a charge of “felony theft by unlawful taking.” Vick faces up to ten years in prison if convicted

This will not end well. I fear that she will finally be caught, weighing 300 pounds with incipient diabetes, wedged in a revolving door as she desperately stuffs the last Thin Mints into her mouth….

2. The Insufferable Arrogance of “The Resistance”

The New York Times gleefully described a satirical one-night-only “documentary drama” assembled from edited transcripts of the Senate confirmation hearings for members of President Trump’s cabinet. Titled “All the President’s Men?,” produced by the Public Theater and London’s National Theater, it featured such actors as the politically objective Alec Baldwin as Rex Tillerson and Academy Award Winner Ellen Burstyn as that heroic figure, Elizabeth Warren. This event was, of course, progressive Trump-hater masturbation, and the Times reports that the “liberal audience laughed and groaned and occasionally whooped…then rose for a standing ovation.”

Not that there’s anything wrong with that. However, the fact that David Remnick, editor in chief of The New Yorker, was one of the performers tells us all we need to know about that alleged journalistic enterprise’s ability to be fair and objective about the President, as well as how blatantly journalists now proclaim their anti-Trump bias as virtue-signalling.

The Times also observed this:

“It’s unlikely that the real Mr. Tillerson paused for a laugh after championing his honesty by saying, “You are aware of my longstanding involvement with the Boy Scouts of America.”

This is signature significance, showing us the utter loathsomeness of Mr. Baldwin and also the audience this production pandered to. Tillerson deserves nothing but praise for his work with the Boy Scouts of America. Continue reading

Five Reasons Why This Was President Trump’s Dumbest Tweet Yet

(I’m not counting the impulsive re-tweets from white supremacist and anti-Semitic sources.)

1. All tweets from a President of the United States who lacks rhetorical skills, common sense and self-restraint are unprofessional and self-destructive. That’s the foundation.

2. Ex-FBI director Comey isn’t the President’s enemy. Comey has acted, for the most part, with fairness and grace since being sacked. It is absurd to keep attacking him.

3. Threatening private citizens—which is what Comey is now— from the White House is ugly, unseemly, an abuse of power and only harms Trump. He fired Comey from a job he obviously wanted and loved. Isn’t that enough? This appears to be gratuitous harassment and petty nastiness…and appears that way because it is.

4. Tapes? TAPES? Trump mentions secret tapes while his foes and the news media is trying to make tortured comparisons to Watergate?

KABOOM!

This is signature significance for idiocy, or a death wish, or terminal jerkism, or something. TAPES????

5. “When in a hole, stop digging.” How can a man be successful in business and public life and not have learned this basic principle?

Reluctant Additional Ethics Notes On A Manufactured “Crisis”: The Comey Firing Freakout

1. When this ridiculous episode is recounted in history books, if it is, it will only be as an example of how the news media worked in tandem with Democrats to undermine the President of the United States, and deeply wounded American democracy and the public trust as a result. I suppose if it is recounted, it will either be as one of the many factors that led Americans to express disgust for both the news media and the Democratic party, forcing the first to shape up and the latter to re-invent itself, or, under the worst case scenario, to explain how the United States lost its Constitutional government.

2. A President of the United States fired an FBI director who deserved to be fired, and everything else is political warfare and public disinformation. A President firing someone he had the power to fire and that most Americans rightly believed should be fired cannot be a scandal, a crisis, or anything else worthy of the hysterical coverage this story has received. The coverage of the story is the antithesis of the journalism ethics tenet that journalists cover stories but do not create them.

3. President (and candidate) Trump is certainly at fault for handing his enemies sticks to beat him with. I put this is exactly the same category with a voluptuous woman walking into a bar full of drunken, rowdy men and doing a provocative dance to the jukebox as they hoot and drool. She should be safe, but she isn’t, and she should know that she isn’t. The drunken dogs should be trustworthy not to sexually assault her, but they aren’t,   When she ends up like Jodie Foster in “The Accused,” it is her sexual assailants who are guilty, but it is not blaming the victim to ask, “What the hell were you thinking?”

4. Of course, as has been proven at nauseating length here and elsewhere, President Trump does not think, at least in the professional sense of the word. It was stupid to throw out compliments to Vladimir Putin. It was stupid to make defensive-sounding comments about the Russian hacks because he didn’t want to admit that any factors led to his election other than his essential brilliance. One  indication that there are no sinister connections between Trump and Russia is that if there were, it would be mind-numbingly moronic for Trump to do anything but show hostility to the country and its leaders. It is only slightly less moronic for him to say these things when he has nothing to hide regarding “Russian ties.”

[An aside: a recent commenter on another thread repeated the oft-cited nonsense that Trump must be smart (like he says) because he has an IQ of 160. If Donald Trump scored 160 on an IQ test, then IQ tests should be thrown out and never used again. However, that claim is imaginary. (IQ tests don’t prove you are “smart,” either, but that’s a different issue.) A researcher once estimated Trump’s IQ based on his admission to Wharton and the gross average IQ of Wharton grads, which is itself a phony number. Then this  (incompetently) estimated figure was used by other hacks in some of those “Who was the smartest President?” articles, which estimate the IQs of the Presidents using the same kind of bad reasoning as the process that arrived at the figure for Trump (it was 156, not 160). In truth, nobody knows what Trump’s IQ is. Everybody knows, however, or should, that he does and says an astounding number of dumb things, many of which mostly have the effect of harming him, or his ability to do his job.] Continue reading