Obama Administration

Ominous Anti-Free Speech Quote Of The Year: U.S. District Judge Robert Lasnik

/ Jack Marshall / 37 Comments

“The Court declines to wade through these issues based on the limited record before it and instead presumes that the private defendants have a First Amend ment right to disseminate the CAD files. That right is currently abridged, but it has not been abrogated. Regulation under the AECA means that the files cannot be uploaded to the internet, b ut they can be emailed, mailed, securely transmitted, or otherwise published within the United States. The Court finds that the irreparable burdens on the private defendants’ First Amendment rights are dwarfed by the irreparable harms the States are likely to suffer if the existing restrictions are withdrawn and that, overall, the public interest strongly supports maintaining the status quo through the pendency of this litigation.”

—U.S. District Judge Robert Lasnik, in his preliminary injunction issued today blocking the federal government from allowing publication of the blueprints of 3-D printable guns.

The injunction will stand until final resolution of the multi-state lawsuit seeking to keep the blueprints offline. Lasnik had issued a temporary restraining order in the case July 31, prompting this post, which states the Ethics Alarms position still:

“It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration. Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.”

If Lasnik’s langauge about “abridged, but it has not been abrogated” doesn’t send chills down your spine, I guess that means you’re a typical progressive or Democrat these days. The First Amendment says that “Congress shall make no law…abridging the freedom of speech,” meaning that the judge here admits that his ruling and the law suit are efforts to cut another chunk out of our core national values. But hey, it’s all cool! The ends justify the means, and we all know that guns are bad. That Second Amendment thingy? Once we take down the First, the Second will be a piece of cake.

As was discussed at length in the excellent thread on the previous post, it’s a long, long way, not just from May to December, but also from having the blueprint of a #-D printable gun and actually having a gun. Does the judge full comprehend that? I doubt it very much. If there is one theme that runs through judicial decisions and opinion involving rapidly evolving technology, it is that most judges and too many lawyers don’t understand the technology well-enough to regulate it or make coherent policy.

I still think this is such an obvious example of prior restraint that the Supreme Court will knock it down, especially after Kavanaugh joins the Court, and I hope I am wrong that the anti-Second Amendment liberal wing will unite in dissent, but I believe that is likely.

Sigh.

Ought I to say this? What the hell….

I am increasingly coming to believe that what is really at stake in the upcoming elections is the Bill of Rights, and perhaps our democracy itself.  The “resistance’s” attempt to undo the election of President Trump is just part of a long-term, concerted assault on our institutions, by a growing faction that believes that freedom and liberty are too dangerous to be left in the wrong hands, and must be constrained—abridged, so to speak—by those who know best.

Them.

________________________

Pointer and Source: ABA Journal

Afternoon Ethics Jolt, 8/1/2018: When You Cross Fake News, Dishonest Journalism, Anti-Gun Hysteria, Ignorance And “The Resistance,” What Do You Get?

/ Jack Marshall / 34 Comments

 A new freakout!

…and dumber than most, too. U.S. District Judge Robert Lasnik of Seattle issued a temporary restraining order that blocks the Trump administration from refusing to try to block publication of blueprints to produce guns from 3D printers. Eight states and Washington, D.C. had sought the order.  A company called Defense Distributed planned to publish the blueprints after the U.S. State Department agreed to settle a suit filed by the company in an agreement made public on July 10. The suit had claimed the State Department violated the First Amendment by warning in 2013 that publication of the blueprints violated export controls and could lead to a jail sentence for the company CEO,  Cody Wilson.

It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration.  Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.

Never mind, though. The story sparked a perfect storm of fake news, fear-mongering and incompetent journalism. The Times, among others, called the blueprints a “downloadable gun.” There is no such thing as a downloadable gun. You have a gun when you download a blueprint for a gun just like you have a house when you download a blueprint for a house. That term isn’t short-hand, it’s wrong: misleading, inaccurate, and really, really stupid.  Other sources blamed President Trump and his administration for the fact that 3-D printer plans for guns were available. They have been available for years. Here are some downloads in case YOU want to have the plans for weapons that you will only be able to make if you happen to have some very expensive equipment. Continue reading →

July Fourth 2018 Post Red Sox Victory Over The Nationals Ethics Warm-Up: Patriotic Births And Deaths, Siri, Affirmative Action, And A GOP Rep. Wants To Forget The Past…

/ Jack Marshall / 35 Comments

Happy

Fourth of July!

Sorry for the late Warm-Up: I had to root the Red Sox to victory in an 11 AM game, and will soon celebrate Independence Day by seeing “Jurassic World II”…

1. Ethics Dunce: Siri.  A speech by British Defense Secretary Gavin Williamson  in the House of Commons  yesterday was interrupted when Apple’s smartphone digital assistant, which heard her master mention terrorists in Syria, blurted out,  “I found something on the web for Syria!”

2. Good. Let it never be said that the Trump administration didn’t accomplish anything positive. Yesterday the Administration withdrew several Obama Administration policy documents designed to push universities toward admissions policies that involved preferences based on race. Affirmative action, which is government sanctioned race discrimination (because the ends justify the means) has always defied the Constitution, and the Supreme Court has consistently warned that the leash was short, and the breach would not be tolerated forever.  With higher education flagship Harvard University being exposed as grossly discrimination against deserving Asian-American applicants in the interest of “diversity,” and an affirmative action-tender majority on the Supreme Court looking like a thing of the past with Justice Kennedy’s retirement, this relic of the Seventies, a policy that exacerbated racial divisions as much as any factor in U.S. society, needs to be rejected completely and finally, and the announcement from the Education Department is an excellent start. In a related statement, as in the earlier withdrawal of the “Dear Colleague letter” that extorted universities into dispensing with due process and a presumption of innocence in student sexual assault cases, Attorney General Jeff Sessions pointedly rejected this method of abusing power that the Obama Administration fine tuned to an art, saying,

“The American people deserve to have their voices heard and a government that is accountable to them. When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President. In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website. That’s wrong, and it’s not good government.”

Exactly. Continue reading →

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

/ Jack Marshall / 10 Comments

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 →

Spygate Spin: “How Can Honest People Still Deny That The News Media Is Spreading Anti-Trump Propaganda As Fact?” Exhibit A

/ Jack Marshall / 54 Comments

My New York Times headline this morning: “Trump Embraces Shadowy Plots, Eroding Trust..Theories from Fringes…Agencies Undermined By Claims of ‘Spygate” and ‘Deep State’

This is no better than, and no less than, actively perpetuating a Big Lie.

I won’t get into the murk of the Deep State for now. However, denying “Spygate” and claiming it is a “fringe” conspiracy theory is flagrantly dishonest, and a low even by the Times’ recent standards. The entire “Obama’s administration didn’t spy on the Trump campaign, like so many examples of political spin and denial, rests on Clintonesque rhetorical deceit” “It depends on what the meaning of spy is.” Really, New York Times? Really, CNN? Really, my furious, Trump-hating, echo-chamber bolstered Facebook friends? Really? That’s your argument?

Pathetic.

Two definitely non-fringe, non-conspiracy theorist, non-Trump flacks clarified this issue for anyone who doesn’t want to be brainwashed by the Times and its chums, who are now especially desperate because they are covering for Obama, whose administration—scandal free, you know!—looks sleezier and more incompetent in the rear view mirror by the day.

Here is Michael Barone, a Republican pundit but no Trump fan:

“F.B.I. Used Informant to Investigate Russia Ties to Campaign, Not to Spy, as Trump Claims,” read the headline on a lengthy New York Times story May 18. “The Justice Department used a suspected informant to probe whether Trump campaign aides were making improper contacts with Russia in 2016,” read a story in the May 21 edition of the Wall Street Journal.

So much for those who dismissed charges of Obama administration infiltration of Donald Trump’s campaign as paranoid fantasy. Defenders of the Obama intelligence and law enforcement apparat have had to fall back on the argument that this infiltration was for Trump’s — and the nation’s — own good.

It’s an argument that evidently didn’t occur to Richard Nixon’s defenders when it became clear that Nixon operatives had burglarized and wiretapped the Democratic National Committee’s headquarters in June 1972.

Until 2016, just about everyone agreed that it was a bad thing for government intelligence or law enforcement agencies to spy — er, use informants — on a political campaign, especially one of the opposition party. Liberals were especially suspicious of the FBI and the CIA. Nowadays they say that anyone questioning their good faith is unpatriotic.

The crime at the root of Watergate was an attempt at surveillance of the DNC after George McGovern seemed about to win the Democratic Party’s presidential nomination, just as the government misconduct in Russiagate was an attempt at surveillance of the Republican Party’s national campaign after Trump clinched its nomination.

…Both the Watergate wiretap and the Obama appointees’ investigator/spy infiltration were initially inspired amid fears that the upstart opposition might win. The Watergate burglary was planned when Nixon’s re-election was far from assured. A May 1972 Harris Poll showed him with only 48 percent against McGovern. It was only after the Haiphong harbor bombing and Moscow summit in early June made clear that US involvement in Vietnam was ending that Nixon’s numbers surged — just before the June 17 burglary.

In March 2016, it was conventional wisdom that Trump couldn’t be elected president. But his surprising and persistent strength in the Republican primaries left some doubtful, including the FBI lovebirds who instant messaged their desire for an “insurance policy” against that dreaded eventuality.

Their unease may have owed something to their knowledge of how the Obama Justice Department and FBI had fixed the Hillary Clinton emails case. Clinton wasn’t indicted but was left with a disastrously low 32 percent of voters confident of her honesty and trustworthiness.

There are two obvious differences between Watergate and the Obama administration’s infiltration. The Watergate burglars were arrested in flagrante delicto, and their wiretaps never functioned. And neither the FBI nor the CIA fully cooperated with the post-election cover-up.

That’s quite a contrast with the Obama law enforcement and intelligence appointees’ promotion of Christopher Steele’s Clinton campaign-financed dodgy dossier and feeding the mainstream media’s insatiable hunger for Russia collusion stories.

Has an outgoing administration ever worked to delegitimize and dislodge its successor like this? We hear many complaints, some justified, about Donald Trump’s departure from standard political norms. But the greater and more dangerous departure from norms may be that of the Obama officials seeking to overturn the results of the 2016 election.

Come on…this is all made up! It didn’t happen! It’s a conspiracy theory from the fringes! The New York Times says so!

Here was prominent White House advisor David Plouffe’s tweet in June of 2016:

Nah, that’s a fake tweet, right? Nothing sinister like this was really being discussed in Obama’s scandal-free White House! It all a paranoid conspiracy theory!

Now here is Andrew McCarthy—a conservative, but apparently there are no liberal journalists with any integrity where Trump is involved–in his article, “The Obama Administration’s Hypocritical Pretext for Spying on the Trump Campaign.” McCarthy is hardly Alex Jones. He is a rigorous analyst who was previously assistant U.S. attorney for the Southern District of New York. He led the 1995 terrorism prosecution against Sheikh Omar Abdel Rahman and eleven others ultimately convicted of the 1993 World Trade Center bombing. He knows how to construct a damning case, and wrote in part:

As I argued in my weekend column, it is hard to imagine a more idle question than whether the Obama administration spied on the Trump campaign. Of course it did. If you want to argue the point, imagine what the professors, pundits, and pols would have said had the Bush administration run an informant against three Obama 2008 campaign officials, including the campaign co-chairman; any hair-splitting about whether that technically constituted “spying” would be met by ostracism from polite society.

Verdict: true. Continue reading →

Ethics Quote Of The Week: Andrew Sullivan

/ Jack Marshall / 13 Comments

“When elite universities shift their entire worldview away from liberal education as we have long known it toward the imperatives of an identity-based “social justice” movement, the broader culture is in danger of drifting away from liberal democracy as well. If elites believe that the core truth of our society is a system of interlocking and oppressive power structures based around immutable characteristics like race or sex or sexual orientation, then sooner rather than later, this will be reflected in our culture at large.”

      —-Andrew Sullivan, in a New York Magazine essay titled “We All Live On Campus Now”.

Once again, blogger-turned-essayist Andrew Sullivan arrives at an accurate assessment of an ethics problem in society without being able to avoid his own biases in trying to assess where the problem came from, which would be extremely easy if he were capable of objectivity. I recommend the whole piece, though Sullivan is an infuriating truth-teller and iconoclast trapped inside an angry gay man who can’t muster  the integrity to directly criticize his sexual politics allies.  Incredibly, Sullivan substantially blames Donald Trump for the phenomenon he assails here, which is ahistorical in the extreme, bordering on delusion:

“Polarization has made this worse — because on the left, moderation now seems like a surrender to white nationalism, and because on the right, white identity politics has overwhelmed moderate conservatism. And Trump plays a critical role. His crude, bigoted version of identity politics seems to require an equal and opposite reaction. And I completely understand this impulse. Living in this period is to experience a daily, even hourly, psychological hazing from the bigot-in-chief. And when this white straight man revels in his torment of those unlike him — and does so with utter impunity among his supporters — there’s a huge temptation to respond in kind.”

Good God, Andrew, show some backbone. Trump, as can be documented and proven beyond a shadow of a doubt, was the “response in kind” to the identity-based social justice movement that was weaponized and reached the point of madness under the leadership of Barack Obama. Why should anyone listen to you when you equivocate like this and make false excuses for what was spinning out of control before anyone thought Donald Trump had as good a chance of becoming President as Martin O’Malley? The University of Missouri meltdown that triggered an across-the-nation epidemic of identify politics warfare occurred in 2015. You know that, and you still write this fiction? What’s the matter with you? Continue reading →

The New York Times’ “Lessons From A Year Talking Race”: Not Fake News, Just Divisive And Misleading Propaganda

/ Jack Marshall / 15 Comments

“Over the past year, we have hosted weekly live conversations about race and ethnicity on Facebook, tackling topics that ranged from black royalty to Latino baseball players to Asian-American slurs. RaceNYT, as we call the segment, is an extension of the crucial coverage on race — in America and beyond — that appears in The New York Times. We see it as a chance not only to explore important stories of race and what they mean to society, but also to give you, our readers and viewers, a chance to join the conversation.

These subjects are not always easy to talk about. Why, for instance, is affordable housing built mostly in poor, heavily minority areas? What are the terms about race that make us uncomfortable? And what do the United States and major institutions like universities owe the descendants of the enslaved people they profited from?

We explored these issues and more with a wide range of guests, including political strategists, filmmakers, academics and Times viewers. Here are five takeaways from the show…”

Thus spake the New York Times, online a couple of days ago, and in today’s print edition. What are stated as “takeaways” are, however, the product of confirmation bias, dubious assumptions, and efforts at political manipulation. For example…

Like racial minorities in the United States, Indigenous Australians are often relegated to the fringe of society, Craig Quartermaine, an Aboriginal television reporter and comedian, told us. “We’re window dressing,” he said.

Why this is unethical: Comparing the problems of Indigenous Australians to “racial minorities in the United States” is unsupportable. A comparison with indigenous North American populations would arguably be valid.

Madeline Vann reached out to us, wondering how she should handle the racially offensive remarks she was hearing in her community. She is a white freelance writer in Virginia.

Why this is unethical: Uh-uh. Ethics foul. You can’t tar a community like that without giving concrete examples. I live in Virginia: I almost never hear any “racially offensive remarks.” The New York Times core audience is the same group that believes it is “racially offensive” to object to NFL players using stadium time to issue half-baked protests they can’t articulate during the national anthem. The Times’ supposedly open inquiry on race begins with the assumption that the nation is racist. That’s called a bias. What kind of remarks are you talking about Madeline? How many, how often and from how many people?

“The first year of the Trump presidency has been marked by a vast racial chasm where perspectives often exist in different worlds.”

Why this is unethical: Wow, all that division in such a short time! This statement is deceitful. The reason there is a vast racial chasm is because the previous administration had eight years to put it there, and the because the news media fully committed to the project. The Congressional Black Caucus boycotted the Trump Inauguration, because part of the campaign strategy against him was to declare he was a racist, and that anyone who voted for him was a racist. That was a strategy developed into an art form to protect Barack Obama from legitimate criticism, and keep his loyal African American base angry and afraid.

Trayvon Martin’s death at the hands of a “white Hispanic” was politicized by Obama and the CDC to widen that “chasm,” and it occurred midway through the Obama years. In 2012, Joe Biden said that the Republicans wanted to put blacks “back in chains.” Black Lives Matter wasn’t a creature of the Trump administration. Black college students didn’t start demanding “safe spaces” without whites and special privileges after Trump’s election: they did it before. The historical airbrushing madness to use slavery to justify erasing any references to the confederacy was an Obama era phenomenon that has extended into Trump’s administration. The Oscars were bullied into making race a criteria for artistic honors during Obama’s administration.

The more I read that quote, the more misleading and intentionally dishonest it seems.

The Muslim-American activists Aber Kawas and Dalia Mogahed told us how they felt last month when the authorities quickly described an attack by a Muslim man in Manhattan as terrorism, while that term was never officially applied to a white man who fatally shot more than 50 people in Las Vegas weeks earlier.

“Pretty much we define terror attacks as something that’s done by a Muslim,” Ms. Kawas said. Continue reading →