Noah Feldman

The Pro-Impeachment Experts, Making the Public Dumber

/ Jack Marshall / 8 Comments

Prof. Gerhardt, making you dumber.

An ongoing theme of Ethics Alarms, not merely related to politics and the news media, is the unethical conduct of intentionally misinforming the public for partisan or ideological agendas. For professionals and those holding themselves out as experts, this is especially unethical conduct, and damaging. Academics, professionals and experts are obligated to use their knowledge to enlighten the public. Using their authority and credentials to deceive them, thus betraying the public trust, is unconscionable. Particularly since the elites in academia decided to help remove Donald Trump, this has become epidemic.

A signal of what was to come revealed itself on election night, when CNN produced once respectable historian Douglas Brinkley, now a shameless partisan hack of the worst sort, to explain to America that Hillary Clinton’s loss was really because Americans seldom vote for the same party to be in the White House three elections in a row. As I wrote in one of my posts about this lie, which no CNN talking head had the knowledge or integrity to challenge,

…esteemed Presidential historian Doug Brinkley, for reasons known only to himself, went on the air live on CNN and concocted a new alibi for Hillary Clinton and the Democrats. using fake history to do it. He said that there were powerful historical patterns at work in Hillary’s defeat, and that it is always hard for any one party to hold the White House for three consecutive terms. Then, as exceptions to the rule and to show how rare the exceptions were, Brinkley cited Reagan successfully pushing George H.W. Bush on the nation as his “third term,” and then went all the way back to 1836 for his other exception, when popular Democrat President Andrew Jackson got his acolyte Martin Van Buren elected to succeed him.

For days after this, I kept hearing Brinkley’s observation cited by talking heads and my disappointed Democratic friends, yet what he had said was wildly, unforgivably untrue. On election night, I ticked off the instances where one party has held the Presidency for more than two terms on the spot, right after Brinkley’s fiction (much to the annoyance of my wife):

After Van Buren, there were a bunch of one term Whigs and Democrats, but Lincoln’s two terms (the last finished by Andrew Johnson) was followed by Grant for two more, Hayes for one, and Garfield/Arthur for four more years. That 6 straight Republican terms, Doug. Then, three terms later, McKinley was elected to two, Teddy Roosevelt for one on top of the McKinley term he finished out, and Teddy anointed Taft as his successor just as Jackson had with Van Buren. That’s four straight Republican terms, or as we call it around my house, “More than two.”

But wait! There’s more! After Wilson and Mrs, Wilson served out two Democratic terms, we got Harding, Coolidge, and Hoover, another three Republicans in a row. Then the Democrats made up for those consecutive runs with five straight of their own, courtesy of FDR’s four and Truman beating Dewey. In short, Brinkley gave the nation fake history, which then became fake news.

And he made Americans ignorant. Spinning for Hillary, for example, Whoopie Goldberg told her audience, “You know, there have been very few eight years of one party and eight years of the same party. It doesn’t generally go back to back. The last time I think was Nixon and whoever came in after him was the last. Ford….That was the last time we had a long stretch. When it wasn’t Democrat, Republican, Democrat Republican. So given all the crap that Obama had to eat from his own party, I don’t think Bernie was going to — I don’t think any Democrat was going to–people were going to vote –”

This was regurgitated Brinkley—Hillary also cited him during her endless “It’s not my fault I lost!” tour–and not even accurately regurgitated.  And it’s dead wrong. Imagine: an “expert” whose specialty is American Presidential history was paid to go on national television and used his authority to give out false information about American Presidential history.

The phenomenon has become frighteningly common as the Democratic Party/”resistance”/mainstream media collective has tried to trick, bully and incite the public into supporting its undemocratic cause. The academics recruited by the Democrats for the latest impeachment push have continued to assert outright falsehoods, adopting former Senate Majority Leader Harry Reid’s theory that a lie is virtuous if “it works.” Continue reading →

From The “Didn’t I Tell You To Stop Making Me Defend President Trump?” Files, An Ethics Alarms Popeye: More On The Joe Arpaio Pardon

/ Jack Marshall / 44 Comments

I would prefer not to keep talking about the Joe Arpaio pardon, but the news media and the “resistance” won’t let the pardon go, because in the absence of anything legitimate giving them cause to scream for an impeachment, they have to latch on to whatever they can. So this is a Popeye: I’m writing it because, as the spinach-living cartoon sailor would say, “That’s all I can stands, cuz I can’t stands no more!”

Oh, before I forget: here’s what the Southern Poverty Law Center says about the pardon:

“By pardoning Joe Arpaio, President Trump has demonstrated his contempt for the rule of law and the racism at the core of his agenda. Arpaio, a Trump favorite on the campaign trail, is the former sheriff of Maricopa County, Arizona. He was convicted of criminal contempt of court for intentionally violating a federal court order prohibiting racial profiling. As a result of President Trump’s pardon, Arpaio will never be held accountable for his unconstitutional conduct.”

Following this logic, by pardoning drug dealers President Obama proved that at heart, he is a drug dealer. By pardoning Chelsea Manning, President Obama proved that sharing classified information with our enemies is at the core of his agenda. This is a “law center”  including such tripe on its website? It sounds like the legally ignorant accusation often made against defense lawyers (like Hillary Clinton) that they endorse the crimes, motives and values of their clients.

In a front page article on Sunday, the New York Times tried to break its own record for desperately trying to make a case for Presidential wrongdoing while still stating the undeniable fact that no wrongdoing had occurred:

  • The Times states, correctly, “that there is nothing in the text of the Constitution’s pardons clause to suggest that [Trump] exceeded his authority.” But it tracks down yet another law professor who has allowed the anti-Trump brain virus to swallow his integrity. Noah Feldman, a law professor at Harvard, claimed that pardoning Arpaio “would express presidential contempt for the Constitution.”

Good thinking. The President expressed contempt for the Constitution by engaging in an action described and enacted in the Constitution. A better argument, though still unfair, would be that President Obama was expressing contempt for the Constitution by not using its pardon power provision even once within his first 400 days in office.

  • More from the Professor: “Arpaio didn’t just violate a law passed by Congress…His actions defied the Constitution itself, the bedrock of the entire system of government.” Yes, and so what? If that same document gives the President an open-ended power to forgive any crime, and it does, then this is just huffing and puffing.

All Feldman is saying is that he doesn’t believe that Arpaio’s particular crime should be pardoned. When you’re President, Professor, by all means let that standard be your guide.

  • By saying Mr. Arpaio’s offense was forgivable, Professor Feldman added, Mr. Trump threatens “the very structure on which his right to pardon is based.”

Note to  Professor Feldman: Get help. The reason the President has unlimited pardon power is because, in the view of the Constitution’s authors, any offense IS forgivable. Presidents have pardoned traitors, those who have killed American citizens. They have pardoned terrorists, and a President of the United States who plotted to subvert justice and our democracy itself. No Harvard Law professor has made the claim that any of those offenses were unpardonable (that is, literally, unforgivable). Why is that? Well, a) Trump is special and doesn’t deserves to be judged by the same standards as other Presidents, and b) the Left hates Arpaio beyond all proportion, because of his opposition to illegal immigration.

  • The Times writes, “It was the first act of outright defiance against the judiciary by a president who has not been shy about criticizing federal judges who ruled against his businesses and policies.” If this pardon is “outright defiance against the judiciary,” then most pardons are. Almost all pardons erase a judicial sentence or verdict.

This is misleading, biased, inflammatory, unethical journalism.

  • The Times writes,

“Mr. Trump could pardon any of the subjects of the special counsel’s Russia inquiry, though some legal specialists believe he could increase his risk of prosecution if he is seen as abusing his pardon power.Were Mr. Trump to announce that he has pardoned himself, impeachment would remain possible. A prosecutor might also test the limits of the pardon power by indicting Mr. Trump notwithstanding such an announcement. That clash could lead the Supreme Court to weigh in on the limits of the president’s power to spare himself from punishment for criminal wrongdoing.”

This story has nothing to do with impeachment! No evidence has been found that suggests the President has committed any impeachable acts. The Times story is about the Joe Arpaio pardon. How can the Times justify suddenly piling tangential hypothetical on top of tangential hypotheticals in this article to get to a scenario where the Supreme Court has to determine whether President Trump can pardon himself for crimes as yet unalleged and undiscovered? Well, the reporter is Adam Liptak, the epitome of what Instapundit calls “Democratic operatives with bylines.” He’s not reporting here; he’s promoting a nakedly partisan narrative. Continue reading →