President Donald J. Trump

Ignore The Spin: It Was Unethical For Michael Cohen To Secretly Record His Client, Donald Trump

/ Jack Marshall / 25 Comments

This morning the Washington Post tries to spin the clear ethics violation by Michael Cohen when he surreptitiously recorded his client, Donald Trump, when his client didn’t know or have any reason to suspect that such a recording was taking place. It was unethical. I have never spoken to a lawyer or ethics authority who didn’t believe such a recording would be unethical, at least until such an ethics breach was made against this particular betrayed client. Now, since the legal profession is one of many that have abandoned integrity and professional standards in the fever of anti-Trump madness, I’m sure several, maybe many, will change their tune. You know: they don’t want their friends to be angry with them.

Yes, Cohen’s taping was legal, because it occurred in New York, where only one party to a conversation has to know it is being taped. That is irrelevant to the ethics breach at issue. For a lawyer to tape a client secretly is always unethical. That’s my position, and I know of no persuasive argument against it. The Post article says that the matter isn’t clear cut. Oh yes it is.

Until 2001, there was little dispute that a lawyer was violating Rule 8.4, which pronounces it misconduct for a lawyer to engage in misrepresentation, dishonesty, fraud or deceit. Taping anyone secretly is misrepresentation. Does anyone want to dispute that? Try. If I am talking to you privately, and you do not tell me that I am being recorded, then you are representing to me that I am NOT being recorded, unless our previous conversations were recorded and I knew that. A few states just ducked the issue, and held that a lawyer could do what any other citizen could do in a state that made one party recordings legal. The American Bar Association, however, right through the 20th Century, held that it was per se unethical for a lawyer to surreptitiously tape anyone.

The absolutist position was an Ethics Incompleteness Principle accident just waiting to happen. In other words, there had to be exceptions, and since almost all states allowed District Attorneys to surreptitiously record suspected criminals without the threat of ethics sanctions, exceptions were already recognized. Thus, in 2001, the ABA revised its position with equivocal, muddled, Formal Opinion 01-422, “Electronic Recordings by Lawyers Without the Knowledge of All Participants,” which the ABA summarized this way:

A lawyer who electronically records a conversation without the knowledge of the other party or parties to the conversation does not necessarily violate the Model Rules. Formal Opinion 337 (1974) accordingly is withdrawn. A lawyer may not, however, record conversations in violation of the law in a jurisdiction that forbids such conduct without the consent of all parties, nor falsely represent that a conversation is not being recorded. The Committee is divided as to whether a lawyer may record a client-lawyer conversation without the knowledge of the client, but agrees that it is inadvisable to do so.

It does not “necessarily” violate the ethics rules because, the opinion explains (as various state opinions have as well), sometimes recording a third party serves the interests of justice, as when, for example, a client is trying to show domestic abuse, or when there is an allegation of illegal loan or housing discrimination. 01-422 wanders into Clintonesque rhetoric, however, when it states, Continue reading →

Integrity Check For “The Resistance” And The News Media (But I Repeat Myself)

/ Jack Marshall / 41 Comments

“The U.S. economy had a blockbuster second quarter, with growth surging to a 4.1 percent pace the Commerce Department said Friday. That was nearly double the first quarter rate of 2.2 percent and the strongest pace in nearly four years. President Trump has been steadfastly claiming that his policies will catapult the U.S. economy into a much higher rate of growth — 4 percent over the next few years. That would be about double the growth rate in recent years. And it would almost certainly mean a big boost in the standard of living for many Americans, with higher wages and better public services as the government raked in more tax dollars from a booming economy.”

This isn’t from Fox News or Breitbart. It’s from NPR. (Sometimes even biased new sources have no choice but to just report the news.)

Stipulated: The anti-Trump deranged are now fully incapable of admitting that this President has done something right or that he is capable of doing something, anything, right.  The New York Times already started pooh-poohing the positive report before it was released, with this story, Why Friday’s G.D.P. Number May Be a Size Too Big. (Hard copy headline: Get Ready For Sizzling Growth Data. Then Take a Deep Breath.)

Now I’m obligated to note that if President Obama’s stumbling, growth-restricting policies had produced a leap like this, no mainstream media news source would have offered anything but unrestrained praise, though Fox News might well have said, “Well it’s about damn time!”

OK, that’s out of the way.

How long does “the resistance” think it can get away with the intellectually dishonest, obviously unfair, self-indicting strategy of insisting on a parallel reality where double standards reign and no good news or welcome developments will ever, ever, prompt it to concede that the President was right, succeeded or improved the nation’s status? Indeed, why does it think it is getting away with that destructive, divisive and dishonest strategy now? Half the nation doesn’t trust the news media, meaning it cannot change anyone’s mind even when changing the minds is crucial. Democratic opposition to Trump appears to be personal rather than substantive, and it appears that way because it is.

The Ethics Alarms position, since it is an ethics blog (and yes, “The Ethics Alarms position” means MY position, Tim…) is that every single one of the reasons I wrote so many posts explicating them that led me to believe that Donald Trump should never be President stands. Every one. Nothing that he has done, and especially the manner in which he has done what he has done, alters my analysis in any way. However, he is President, so analyzing whether he should be is moot. Now the questions are…

  • How well are his policies and initiatives working?
  • What good are they doing for the country?
  • What harm are they doing, or might they do, and how do we mitigate that?
  • If there are long term benefits of his Presidency, what are they?
  • If there are long term deficits, what are they, and and how do we mitigate them?
  • How does the nation, the public and its institutions best ensure that the results of the President’s tenure on the nation and the culture are as beneficial as possible?
  • What have I and other analysts been proven wrong about, and what does this mean for future analysis going forward?

None of these tasks can be done competently by anyone who is so soaked in hatred, partisan agendas and bias that they are determined to deny the President his wins and “I told you sos,” and there have been a surprising amount both. Nor is it helpful to be willfully blind to the President’s strengths when they become apparent, and some have become apparent.

For example, he cannot possibly be as stupid as I assumed in 2016, and had concluded many years before. President Trump is something else, and I’m not sure what the word for that something else is, or, I suppose, he’s the luckiest bastard who ever lived. I am relatively certain that in the grand cosmic scheme Donald Trump is what philosopher Isaiah Berlin, in his famous essay “The Hedgehog and the Fox” called a hedgehog, someone who, in words of the Greek poet Archilochus, “knows one big thing” as opposed to a fox, which knows many things. The thrust of the essay (and a later book) is that a lesson of history is that the hedgehogs tend to win out over the foxes.

Now I just have to figure out what the one big thing Donald Trump knows is. Based on the evidence so far, it is worth knowing.

_______________________

Pointer: Ann Althouse

 

About That “Secret Tape”…[UPDATED]

/ Jack Marshall / 25 Comments

From CNN:

“The FBI is in possession of a recording between President Donald Trump and his former personal attorney Michael Cohen in which the two men prior to the election discuss a payment to a former Playboy model who has alleged an affair with Trump, Rudy Giuliani and a source familiar with the matter told CNN Friday.

Cohen has other recordings of the President in his records that were seized by the FBI, said both a source with knowledge of Cohen’s tapes and Giuliani, who described the other recordings as mundane discussions. Another source with knowledge of the tape, however, said the conversation is not as Giuliani described and is not good for the President, though the source would not elaborate.”

Now here are some ethics matters that the news media would be obligated to tell you, if journalists were, you know, competent, objective, and fair:

  • It is equivocally unethical for a lawyer to surreptitiously record a client without the client’s knowledge or consent. Always, no exceptions. It is usually unethical for a lawyer to surreptitiously record anyone without their knowledge or consent, even in states that permit non-lawyers to do it.

Such conduct is a direct violation of the universal legal ethics rule that prohibits a lawyer from engaging ” in conduct involving dishonesty, fraud, deceit or misrepresentation.”

  • This fact is crucial to the story, and should be prominent in any discussion of it. I have not seen or heard this mentioned in any news reports.

Let me know if you do, please.

  • The recording is also privileged, which means that it was information that a client provided to his lawyer in the course of seeking legal services or advice. As such, it cannot be used as evidence, unless the client, in this case, President Trump, consents. The client owns the privilege, not the lawyer who received the information, and not other lawyers the client may have.

I haven’t seen this critical information explained in any of the news reports either. Continue reading →

Late Verdict On The Helsinki Press Conference Freak-Out: I’m Convinced. It’s Just More Unethical, Double-Standard, Anti-Trump, “Resistance” And News Media Coup-Fodder, Only Noisier And Dumber Than Usual

/ Jack Marshall / 75 Comments

I don’t appeal to authority very often.

What I do occasionally do is look for someone with judgment, experience and honesty I trust whose assessment of a particular situation jibes with my ethical analysis at times when I have begun to judge my own sanity. When I started reading people writing, in horror-stricken tones,”Can you believe what Trump said at that joint press conference?,” which I initially missed because these events are always stagey, insincere, all-puffery affairs, I assumed that President Trump finally done something really over-the-top this time, like spitting at CNN reporter, or singing “The Volga Boatman” to irritate Putin. When I read what he in fact did say, and saw the videos, my brain literally couldn’t reconcile it with the hysterical claims that it was “treasonous,” or like “Pearl Harbor,” or “Kristallnacht” or warranted impeachment (Plan N). It didn’t compute, as the robot in “Lost in Space” used to say.

I know I don’t often seem like it, but I have my doubts sometimes. I write as if I am certain I am right, because that’s my style, but often within me there meet a combination of antithetical elements which are at eternal war with one another. Driven hither by objective influences — thither by subjective emotions — wafted one moment into blazing day, by mocking hope — plunged the next into the Cimmerian darkness of tangible despair, I am but a living ganglion of irreconcilable antagonisms. All right, that was from my favorite exchange in “H.M.S. Pinafore,” but I’m not completely facetious. When I read almost every one of hundreds of Facebook friends writing, to universal agreement from their echo ch..freinds, that an extemporaneous statement in a Finnish press conference proves that Putin “has something” on the President, I begin to think, since I don’t see it at all, that the problem must be me. I am so thoroughly sick and disgusted at the relentless unethical and unprecedented efforts to interfere with this President, and his efforts to do the job he was elected to do, by Democrats, progressives, “the resistance” NeverTrumpers and the news media, that maybe my indignation against their dangerous, democratic institution-eroding vengeance because this odd and offensive man shattered the dreams of the Obama Worshipers and the Clinton Conned, had finally metastasized into bias, and made me impervious to something that should have me, for once, agreeing with them. For bias makes us all stupid, you know.

That is why I was so relieved to read this, the transcript of the comments of NYU Russia expert Stephen F. Cohen, a contributing editor at “The Nation,” the most extreme leftist magazine of national prominence in the country. He is clearly NOT being driven by bias, but his analysis was exactly the same as mine:

“The reaction by most of the media, by the Democrats, by the anti-Trump people is like mob violence. I’ve never seen anything like it in my life. This is the president of the United States, doing what every president… since FDR in 1943 with Stalin, meeting with the head of the Kremlin. And every president since Eisenhower, a Republican by the way, has met with the leader of the Kremlin for one existential purpose: To avoid war between the two nuclear superpowers. Today, in my considered, scholarly, long-time judgment, relations between the U.S. and Russia are more dangerous than they have ever — let me repeat, ever — been, including the Cuban missile crisis. I want my president to do — I didn’t vote for this president– but I want my president to do what every other president has done. Sit with the head of the other nuclear superpower and walk back the conflicts that could lead to war, whether they be in Syria, Ukraine, in the Baltic nations, in these accusations of cyber attacks. Every president has been encouraged to do that an applauded by both parties. Not Trump. Look what they did to him today. They had a kangaroo court. They found him guilty. And then you had the former head of the U.S. CIA, who himself ought to be put under oath and asked about his role in inventing Russiagate, calling the President of the United States treasonous. What have we come to in this country? And what is going to happen in the future?”

Whew! What a relief: I thought I was going crazy. Like Cohen, except not close to matching his scholarly efforts, I know quite a bit about how past Presidents treated Russian leaders in their various summits, meetings and diplomatic encounters. Only Trump was expected to insult the Russian leader to his face. Only Trump was asked an outrageous question inviting him to insult a Russian leader to his face. (The reporter should have been ejected from the conference.) President Trump was not only criticized for behaving as every other President has and should have behaved, but was excoriated for doing so.

I wish, of course, that the President’s rhetorical skills were not so blunt and confounding, so he could defend his own conduct without resorting to “fake new!” retorts. I wish he had the nuance and sense to simply dodge such a disruptive and irresponsible question without walking into a true “when did you stop beating your wife” question that made him choose between undermining U.S. intelligence or undermining the whole reason he was at the summit in the first place. I wish that the President was not so much like Donald Trump, in other words, but unlike Anderson Cooper, George Will, Chuck Schumer, John McCain and my hysterical Facebook Friends, I regard constantly becoming more and more irrational over something that happened 19 months ago  to be civic incompetence. Continue reading →

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

/ Jack Marshall / 60 Comments

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading →

The Ethics Conundrum Of The Undisciplined Mind: What Does The President Mean When He Says He Mispoke?

/ Jack Marshall / 79 Comments

Today President Trump said he had “realized that there is a need for some clarification” regarding his remarks yesterday.

“In a key sentence in my remarks I said the word ‘would’ instead of ‘wouldn’t” The sentence should have been, ‘I don’t see any reason why it wouldn’t be Russia.’ Sort of a double negative.”

Contradicting what most critics took to be his message yesterday,  the President proclaimed his “full faith and support for America’s great intelligence agencies,” adding,

“I have felt very strongly that while Russia’s actions had no impact at all on the outcome of the election, let me be totally clear in saying that — and I’ve said this many times — I accept our intelligence community’s conclusion that Russia’s meddling in the 2016 election took place.”

Knowing what we know about Donald Trump—I’m not speaking here to the anti-Trump unhinged, who “know” that he is a fascist, colluding, cheating autocratic moron menace who stole the election and who is only President to con the nation and raid its coffers—what does all that mean? What does it mean when someone who thinks and speaks—and acts— like Trump does says, ‘I didn’t mean what I said’?

Not only don’t I have any idea, I don’t think it is possible to know. I see the following possibilities: Continue reading →

Morning Ethics Wake-Up, 7/17/2018: Swans, Nazis Kids, Rand Paul, And More Freakouts [UPDATED]

/ Jack Marshall / 55 Comments

Good Morning!

1. And today’s anti-Trump freakout topic is…The complete media/”resistance”/Democrat social media meltdown over whatever President Trump thought he was doing yesterday was typical of what we were talking about in the threads on Monday’s Warm-Up. It’s all so boring and predictable. It’s predictable that the President will say things he shouldn’t; it’s predictable that the people who have already made it clear that they hate is guts will erupt with over-the-top condemnation; it’s predictable that the social media echo chamber will adopt whatever unscrupulous Democratic Party talking point that is launched—yes, yes, Facebook Friend, yesterday proves that Putin “has something” on the President like Nancy Pelosi says. Did she call him “Bush” this time?—and that anyone who tries to point out that the reaction is wildly out of proportion to reality is a Trump-loving racist Nazi. I seriously don’t know how a responsible commentator who isn’t out of his mind is supposed to react. Ignore it, because some new hysteria will be right along, like Leo Slezak’s swan. (Don’t you know this story? It’s one of my favorites! Leo Slezak, a famous Austrian opera singer in the Thirties, was playing the role of Lohengrin in Wagner’s opera, which ends with the hero being carried off to Valhalla on the back of a giant swan. In one performance, the swan, pulled by stage hands on tracks, just swam right by him up stage, leaving the hero stranded. Slezak turned to another singer on stage and asked, loudly enough so the audience could hear him, “What time’s the next swan?” His son, Hollywood actor Walter Slezak, made the line the title of his autobiography.)

2. Obligatory freakout notes: a.  All that matters is what, if anything, comes of the summit. The President (obviously) has his own theories of negotiation. Sometimes they work. b. John Brennan’s statement that the Putin-Trump press conference was “treasonous” was two things: 1) the most ridiculous thing said yesterday by anybody, including the idiot who lives down the street here who said, reportedly, “Rpeterbokle?“, and 2) immediate confirmation of why the President said that he doesn’t trust American intelligence agencies any more than he trusts Putin. c. If anyone can point me to an unbiased authority who can explain how leaders holding joint press conferences help their nations by insulting each other, please do. d. John McCain should either show he can do his job, or he should resign and let someone able do it. Right now, apparently his only role is to snipe at the President. e. Gee, I wonder why President Trump doesn’t trust the FBI, after watching a smug FBI agent who texted about insurance policies against his Presidency and how “we” would “stop” him lecture Congress about his lack of bias? f. Nixon said much nicer things about China and Chou En Lai when Dick made his famous visit. FDR affectionately called mass murderer Stalin “Uncle Joe.” President Bush (absurdly) said that he had seen Putin’s soul, and pronounced it pure. JFK feted the Butcher of the Ukraine and Hungary, Nikita Khrushchev, during a visit to America without condemning him in a pres conference. President Obama whispered to Putin that, in essence, he was going to play tough but would be accommodating after the election. Conclusion: As usual, this President is subjected to a double standard, and it is wildly hypocritical. g. Yes, Trump’s comments were unpresidential and inappropriate. This, however, is no longer news.
Continue reading →

Monday Morning Ethics Wake-Up, 7/16/2018: Punking, Molesting, Grandstanding And Obsessing

/ Jack Marshall / 115 Comments

My state of mind this morning…

It’s Monday again.

1. Ethics Neurosis. I failed to get an Ethics Warm-Up or an equivalent posted this past Saturday, and still feel guilty about it after feeling guilty all weekend. This is not healthy. I had an early morning seminar to teach as well as some urgent family business to tend to afterwards, and then found myself thoroughly exhausted. I just couldn’t rouse myself to the task, then felt like I was failing my duties of diligence and responsibility.

This is especially weird, because I’m kind of frustrated over the blog these days. Traffic continues to lag, having dropped about 10% since the overheated days of 2016, and 2018 is a little behind last year, meaning that there is a goodly chance that Ethics Alarms will have negative growth two years in a row after trending up for its first seven years. I attribute the slump to Mr. Trump, as the New York Times calls him, the “resistance,” as the large bloc of progressives, including those in the news media, who have refused to do the ethical thing and let Mr. Trump be the President he was elected to be without unprecedented disrespect, sabotage  and interference from them, and the rigid polarization, social and political, the two have created among members of the public who are now crippled by hate, anger and bias.

One of my Facebook friends, in this case a real friend who has occasionally commented here, recently noted innocently that one of Melania Trump’s dresses was gorgeous, and even though he had led with a disclaimer that he did not want his observation to prompt political invective, several of his own FBF’s reacted by attacking the First Lady. One called her a “ho;” another opined that she had no soul, which is the only way she could be married to this President of the United States. I told the latter commenter to “Get help,” and he responded by declaring me a racist. This is the kind of deranged logic that has caused committed leftists from visiting here, being rational, and discussing ethics. One of our prominent and most noisy excommunicants recently wrote me  to say that since I apparently approved of “putting children in cages,” he was glad to be gone.

Maybe such individuals will be able to reason objectively again some day. I’ve got to learn to stop beating myself up if they can’t. Writing an ethics blog is too much work and responsibility to do every day when it makes me unhappy.

2. Why I don’t give a damn what the Pope thinks. I watched “Spotlight” again yesterday, the Academy Award-winning film about how the Boston Globe broke the Catholic Church child molestation scandal 18 years ago. It ends with a disturbing four screens of small type listing all of the cities in the U.S. and the world where major child molesting scandals and cover-ups had been exposed. (There have been more since.) Come to think of it, I also lost some readers here over the Ethics Alarms (correct) position that a religious organization that could allow this catastrophe to happen had forfeited its moral authority and was untrustworthy.

Then I read a prominent story above the fold in today’s Times that begins, Continue reading →

Morning Ethics Warm-Up, 7/13/2018: Trump And Strzok

/ Jack Marshall / 20 Comments

Good Morning, London!

1. Trump Trump Trump. You know, I was on a political Facebook page in 2016 where an idiot kept posting “Trump Trump Trump” despite everyone, including the moderator, telling him to cut it out. Eventually he was banned from the site. Unfortunately, there is no similarly simple solution to this problem when a combination of the Trump-hostile news media and the President himself forces a variety of ethics issues on me, when I would rather be musing about baseball, old sitcoms, and guys in lobster hats.

  • The pardons. President Trump  pardoned Dwight L. Hammond, now 76, and his son, Steven D. Hammond, 49, a pair of Oregon cattle ranchers who had been serving out five-year sentences for arson on federal land, which had sparked the armed occupation of a wildlife refuge in 2016. Naturally these pardons were attacked, because anything Trump does will be attacked. The resulting conflict brought widespread attention to anger over federal land management in the Western United States,and that’s a good thing. How can the federal government justify owning almost half of Western land?

As for the pardons, both men have served most of their sentences already, and not only were the sentences unusually harsh for their offenses, the cases had the whiff of political prosecutions about them. They were perfectly legitimate objects for Presidential pardons, but then so are hundreds of thousands of other cases. Presidents should issue as many pardons as possible, which means eliminating a lot of the red tape. So far, Trump has sucked the tape by cherry-picking beneficiaries in his own, eccentric, biased way, using his unique, unassailable Constitution-based power to court supporters, celebrities and particular constituencies—not that there’s anything wrong with that, as long as other deserving citizens also get pardoned, and really, all but the most unrepentant, vile and dangerous felons deserve mercy and compassion eventually. Unless the pardon power is used broadly and constantly, its blessings too often depend on who you know. In the case of the ranchers, for example, a large donor to Vice-President Pence lobbied for the pardons. Again, that doesn’t mean the pardons can’t be justified. It does mean the process is skewed by factors not related to justice or fairness.

I found this to be the most ethically intriguing paragraph in the Times story about Pence pal, tycoon Forrest Lucas, and his likely influence on the pardons:

“While other presidents have also gone ahead of Justice officials to pardon apparent allies, they have often waited until their final days in office to do so. Mr. Trump, by comparison, has issued high-profile pardons early and comparatively often — seemingly unconcerned by the appearance of leaning his ears toward those at the top.”

So is Trump being unethical in a more ethical fashion than his predecessors?

  • Bad host, worse guest. The President’s derogatory comments about the British Prime Minister were indefensible, of course. We know how he thinks: Great Britain, as he has said, with justification, has made him feel unwelcome—that insulting “Trump baby” blimp over London is a real diplomatic low—and thus, in Trump’s rudimentary ethics system, akin to that of a lizard, the proper response is tit-for-tat. None of this is unexpected, and nobody who voted for Trump can say that they didn’t give him license to behave this way by electing him.

I do wonder now why I ever thought that he would react to being elected by moderating the very conduct that, in his mind and probably in reality, got him where he is today. My role model for him was President Arthur, who was about as different in character and background from Donald Trump as a human being could be.

I’m an idiot. Continue reading →

Morning Ethics Warm-Up, 7/10/2018: The Freakout Cometh!

/ Jack Marshall / 101 Comments

Good morning!

1. Are you freaking out? President Trump nominated Brett Kavanaugh for the vacancy on the Supreme Court, a choice which, we had been assured by a succession of shameless hysterics on the Left and in the mainstream news media (but I repeat myself!) would doom women in the United States to living out “The Handmaiden’s Tale,” even before the judge, a case or the legal issues were a twinkle in Lady Justice’s eye. Why are hyper-partisan, irresponsible crazies like this taken seriously by anyone?

Here are some of the media freak-outs that have already arrived: The Daily Beast: Brett Kavanaugh, Trump’s Supreme Court Pick, Is Probably the End of Abortion Rights and Same-Sex Marriage. Slate:  How Brett Kavanaugh Will Gut Roe v. Wade.

More to come, of course. At least they waited for the actual name of the judge: ABC tweeted out this before the announcement:

Facts? We don’t need no stinking facts!

(Nah, there’s no mainstream media bias….)

If you are freaking out, it means that you are a Democrat, either ignorant or dishonest about the legal system, and suffering from the late throes of Anti-Trump Mania, in which everything that this President does becomes an evil plot. Get help. It is unethical to spread panic and fury among your friends and associates.

A Facebook Friend, a woman, and a lawyer, was on social media within minutes of Judge Kavanaugh’s name being uttered calling for everyone to “write their Senator.” There is only one way, just one, this reaction can be justified: if you believe that only one political party has a legitimate role to play in American politics, and you deny the right of any citizen who disagrees with you to have a voice in what is supposed to be a pluralistic democracy. Elections have consequences, and are supposed to have consequences. One of them is that the elected President gets to appoint judges. If the judge is qualified—and even the most slobbering wacko talking head on MSNBC cannot deny that he is qualified-–then it is fair, appropriate and right that the President’s nomination should be consented to by the Senate. Continue reading →