Ethics Observations On The Michael Cohen Raid

The FBI raided the Rockefeller Center office and Park Avenue hotel room of Michael D. Cohen, President Trump’s longtime personal lawyer, seizing business records, emails and documents related to several matters, including  payments to porn star Stormy Daniels.

What’s going on here?

Your guess is as good as mine. The options are endless. Today, for example, the New York Times is reporting that the raid was in part to find records related to the infamous, Billy Bush “Access Hollywood” tape  where Trump made his pussy-grabbing comments, according to the typical New York Times anonymous sources. What could that possibly have to do with Russia and its efforts to interfere with U.S. elections? Why would that material justify a raid on the President’s lawyer? The FBI also sought documents related to payments Cohen facilitated made to two women who claim they had affairs with Trump, Karen McDougal and Stephanie Clifford, as well as information on the role of the publisher of The National Enquirer in silencing the women. The raid could be a desperation fishing expedition. It could be part of an effort to intimidate Trump’s lawyers. It could be a sign that there is evidence of actual criminal activity that Cohen was covering up on behalf of his client. It could be the last-ditch effort by a corrupt FBI and Justice Department to bring down a President before he can bring them down.. Anyone who claims to understand this unusual tactic by Special Prosecutor Mueller is engaging in confirmation bias, and risking looking like a biased fool.

Observations: Continue reading

Unethical Presidential Tweet Of The Month

Ugh.

Hip hop artist Snoop Dogg is desperate for some publicity, I guess, so why not troll President Trump?  He’s issued a music video of the song  “Lavender,” in which a Trump-imitating actor in clown makeup is sort of assassinated by the singer. This is art. It poses no threat to the President. Tasteless? Ugly? Provocative? You decide. Whatever you decide, however, the President’s tweet is factually wrong. Ken White explains at Faultlines:

This is all nonsense…First Amendment analysis isn’t mathematics, but it’s not philosophy, either. The rules, and how they have generally been applied, are knowable. The rules for whether a statement can be taken as a criminal threat against the President have been clear for 47 years, since Vernon Watts talked about putting LBJ in the sights of a hypothetical rifle. The rules governing claims of “incitement” are even clearer. Unless Snoop Dogg’s video was intended to produce, and likely to produce, imminent lawless action, or was intended as and objectively understandable as a sincere expression of intent to do Trump harm, it’s not criminal. Period. This is not a close or ambiguous call.

Correct. Now, as regular readers here know, I have an abundance of tolerance for the President’s tweeting. It’s not dignified, and it undermines his authority and dignity, and it embarrasses the government and degrades the office. Most of the tweets, however, are just stupid.

This one, however, misstates the law, and, as White points out, the President is sworn to protect the laws of the United States. You don’t protect them by misrepresenting them, or by miseducating citizens who are just as ignorant of the law as the President is.

This can’t be put off any longer: if he is going to keep tweeting, the President’s tweets have to be vetted by a lawyer.

NOT this one, though.

No, Ashleigh, That Isn’t “Libel,” And Why Are You Hosting A CNN Show Called “Legal Affairs” When You Don’t Know That?

Ashleigh-Banfield

In an epic clash of incompetents, CNN’s Ashleigh Banfield challenged Michael Cohen, one of Donald Trump‘s advisers over his retweeting an internet meme that said that Hillary Clinton “murdered” the victims of the Benghazi mission assault.

After the House Benghazi Select Committee released its final report on the 2012 terror attacks, Cohen delivered his tweet featuring this…

Cohen tweet

It is about as stupid, lazy and inflammatory as most political memes, and the fact that Cohen would think it worth circulating tells us all we need to know about both him and the man who pays him, who would have probably tweeted this junk himself if Cohen hadn’t. Remember Cohen? He’s the Trump lawyer who crudely threatened the Daily Beast and went on to proclaim that spousal rape was legal, when it isn’t. Cohen is, by definition, a thug, a creep, and a crummy lawyer. Naturally, he’s also a Trump advisor. (Tell me again how Trump, that keen judge of legal talent,  can be trusted to appoint better Supreme Court justices than Clinton would. Or that Honey Boo-Boo would.)

Sparring with Cohen on her show “Legal Views,” Ashleigh Banfield lectured the lawyer and told him, “This is libel.” thus making exactly as accurate a statement of law as Cohen’s earlier one about spousal rape. It was not libel. It was inflammatory political speech in a satirical context (would anyone think Clinton actually said this, as the meme suggests?) about a public figure, clearly an opinion rather than a statement intended to be taken literally, and no more libel than “Bush lied and people died.” Banfield’s diagnosis was 100% wrong, and the fervor with which it was delivered is the calling card of a Clinton defender. Continue reading

Ethics Observations On The Michelle Fields-Corey Lewandowski Ethics Train Wreck

trainwreck6

Michelle Fields, a stand-in reporter for Breitbart, gets manhandled at a Trump rally while trying to ask The Donald a question. She complains, the Trump organization attacks her, her Trumpized employers refuse to back her, and now battery charges have been filed in North Carolina against Corey Lewandowski, Trump’s campaign manager, whom Fields says grabbed and bruised her. Meanwhile, multiple members of the Breitbart staff, including website star Ben Shapiro and the reporter, have resigned.

What’s going on here, and why does it matter?

1. It matters because what should have been a minor episode has turned into a full-scale ethics train wreck, with the still-growing passenger list including Donald Trump, his campaign, Breitbart, Fox News, the justice system, Fields, Shapiro, the Washington Post, Piers Morgan, and Trump’s embarrassing supporters. Nothing has escalated into a nasty and destructive battles of wills, because Donald Trump creates a culture in which winning and never apologizing turns every dispute into ugly confrontation and warfare.

2. This is how Trump as President would and could start a real war. His entire philosophy precludes common sense and diplomacy. Just because an incident is trivial in substance doesn’t mean its implications can’t be significant, and this is an excellent example. Look at how it developed. Trump’s staff embraces the culture he has created and endorses—thuggishness, misogyny, a contempt for manners, a refusal to be gracious, insistence on winning above all, even when the benefits are dwarfed by the costs. A government and nation under Trump would do the same. A complaint over fishing rights or an imagined diplomatic gaffe would deteriorate and escalate, with President Trump shouting insults from the Oval Office. Continue reading

Trump’s New Jersey Muslims 9-11 Celebration Lie Justifies A Nazi Label

trump-salute

The current controversy—except there’s no disagreement on the facts, so it isn’t really a controversy—over Donald Trump’s unretracted statement that he saw “thousands” of New Jersey Muslims celebrating the Twin Towers’ destruction on 9-11 is materially different from the other items on the list of his various outrageous insults, vulgarities and misrepresentations. It’s a Big Lie, the device perfected and employed by Hitler and Goebbels, a weapon of totalitarianism. Other American politicians and leaders have dabbled in the technique, of course. I flagged the false accusation that the Republicans “stole” the 2000 Presidential election as a Big Lie; so is the Democratic cant that Bush “lied” about weapons of mass destruction. The “War on Women” is a Big Lie. Birthers are engaging in Big Lie politics—so is Rep. Alan Grayson (D-Fla), who insists that Ted Cruz isn’t a “natural born” American. The Truthers are Big Liars. Black Lives Matter was built on the Big Lies that Trayvon Martin and Mike Brown were murdered. The current claim, being treated with disgusting respect by journalists, that white America is engaged in systematic black genocide is a Big Lie.

Most of these, however, are really Little Big Lies. They are dangerous and destructive, but not in Goebbel’s league. Trump, however, is using a Big Lie to impugn the patriotism and trustworthiness of a group of citizens based on their religion and cultural heritage, and attempting to stir up purely group-based hate. To hell with Hanlon: this is Nazi Propaganda 101, and deserves to be identified as such directly to Donald Trump’s face.

There is no debate over whether Trump could have “seen” thousands of Muslims whooping it up on TV (like blacks celebrating O.J.’s acquittal for gutting his wife), because no such video was taken, broadcast, or archived. If there were such celebrations, Trump didn’t see them, unless he somehow obtained George Burns’ magic TV from the old Burns and Allen sitcom, on which George was able to see what his wife, friends and neighbors were doing while he chatted with the TV audience. If Trump did see such a non-existent broadcast, he couldn’t have seen “thousands,” unless there was a ’round the state relay, like they do on New Years Eve at midnight, going around the country to show simultaneous celebrations.

Trump didn’t see it. He couldn’t have. There is no controversy.

Yet he still claims he did, and has a team of paid liars telling media interviewers he did. He could have said he was mistaken; he could have said that he confused televised scenes of Muslims abroad celebrating (though not “thousands”) with accounts of some Muslims celebrating in New Jersey, and apologized. He didn’t though. He stuck to a false story after he had to know it was wrong, and that makes it a lie. The fact that the lie tacitly suggests that American citizens of the Muslim faith lack loyalty to their nation and love of their fellow citizens whom they cheered to see murdered  makes it a Big Lie. Continue reading

What A Surprise: Donald Trump Has An Unethical Lawyer!

One of these guys is Donald Trump's lawyer. Maybe both...

One of these guys is Donald Trump’s lawyer. Maybe both…

I realize I run the risk, by publishing this opinion, of Donald Trump’s thuggish, boorish, dolt of lawyer trying to “mess [my] life up … for as long as [I’m] on this frickin’ planet,” to put it in his well-measured, restrained and professional parlance. Well, so be it. Seldom do we see any lawyer befoul the image and dignity of his profession like Michael Cohen, Esquire, one of Donald Trump’s lawyers, did yesterday responding to a Daily Beast story about the dirty linen aired during Trump’s divorce from Ivana Trump over 20 years ago.

Ivana then compared a sexual encounter with her husband to sexual assault and rape,  and The Daily Beast wrote about it, as if Trump wasn’t doing enough already to make any decent American head to the loo at the sight of him. So Trump appointed Cohen as his media spokesman on the matter—just think: he was the best and most professional of the candidates for the job!—and he said this to The Daily Beast… Continue reading