President Donald Trump

Morning Ethics Warm-Up: 1/12/2018: Sigh. It Never Ends. (Part I)

/ Jack Marshall / 161 Comments

Good Morning.

Blecchh.

I can’t begin to describe how much I would rather discuss something else. But I don’t control the universe, why, I don’t know.

1 Is this Plan K? Oh, probably. Sigh.

With the rapid demise of Plan E, this time around, anyway—that’s the “let’s remove President Trump because he’s mentally disabled” plot, which was quickly reactivated once Plan J (“Let’s force the President to resign like Al Franken because of unverified sexual misconduct accusers that voters knew about when they elected him”), the over-heated reporting of alleged vulgar and arguably racist comments the President may have made in a non-public meeting would suggest that “the resistance” and the mainstream media (but I repeat myself) will be fulminating and demanding dire consequences for the foreseeable future.Plan K will be “Vulgarity and undiplomatic statements about immigrants pretty much exactly like how Trump began his Presiential campaign is grounds for impeachment” or something similar. Please send me the link to the first appearance of this argument, will you?

This obviously will never end, and I despair. Democrats will never accept their obligations as citizens and regard the elected leader of the Unites States as legitimate and entitled to do his job until he is either defeated or prevails in the next election. They would prefer to dangerously divide the nation and undermine its institutions, perhaps doing permanent damage.

Yesterday, Times op-ed writer Nicholas Kristoff wrote another Trump/hate/fear-mongering piece indistinguishable from dozens—hundreds?— that have been written and published since January of last year. “Trump’s Threat To Democracy,” it was called—ironic, since the only current threat to democracy is not the President, but Kristof and his fellow travelers seeking to overthrow an elected government “by any means possible,” via Plans A-J and whatever’s next. His screed is an appeal to the authority of two Harvard profs, because as we have seen in the sad cases of Larry Lessig and Lawrence Tribe, you can find previously distinguished Harvard professors who will say almost anything to polish their progressive creds in the age of Trump Derangement.

Steven Levitsky and Daniel Ziblatt have a book coming out–no, I won’t plug it—that argues that Trump displays what they call “the four four warning signs” that a political leader is a dangerous authoritarian:

1.The leader shows only a weak commitment to democratic rules.

2. He or she denies the legitimacy of opponents.

3. He or she tolerates violence.

4. He or she shows some willingness to curb civil liberties or the media.

“A politician who meets even one of these criteria is cause for concern,” they say. Of course, as the professors show  in their examples and  Kristoff proves in his column,  what constitutes evidence of those “warning signs” is a subjective judgment that can be manipulated and built on biased political calculations. He writes, Continue reading →

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

/ Jack Marshall / 8 Comments

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading →

KABOOM! I Thought I Had Seen The Most Ridiculous Theories Of How President Trump Obstructed Justice, But I Was Wrong!

/ Jack Marshall / 2 Comments

To be clear, the KABOOM! in this case, which is the announcement that something has made my head explode, is not because of the ridiculous theory itself, but because I was wrong to believe that theories coming out of the Trump Deranged Who Were Once Smarter Than This couldn’t get worse.  I thought the theory that it was obstruction of justice for President Trump to fire an employee and subordinate, James Comey, whom not only he clearly had the authority to fire, but that just about everyone in the country in both parties had declared inept, biased, or criminal at one time or another over the past 12 months, and who had clearly committed firing offenses under Trump.

How could anyone of any authority or expertise whatsoever come up with a more idiotic theory than that? I was certain the answer was, “They can’t.” I bet my head on it.

Ah, but the hate of “the resistance” and the professionalism-corroding power of the Anti-Trump Brain Eating Virus is stronger than even I thought. Get this, and hold on to your heads:

In a USA Today story President Trump’s counsel John Dowd—he’s the one who doesn’t use obscenities or look like an axe-murderer—acknowledged that he had engaged in communications with the Special Counsel on behalf of his client, conveying how much the President “appreciates what Bob Mueller is doing.” Dowd said that the President asked him to convey his “appreciation and greetings.”

Ah-HA! Notre Dame professor Jimmy Gurulé, a former U.S. assistant attorney general under President George H.W. Bush, told LawNewz.com that the message from Dowd could be construed as intimidation or an effort to influence the investigation. “‘I’m watching you.’ How else could it be interpreted?” Gurulé said. ‘ Thank you for conducting an investigation into my campaign. Thank you for conducting an investigation into my son and my son-in-law.’”

How else? Gee, I don’t know. I’d interpret it as, “I appreciate what a difficult task you have, and understand that we all have to do our jobs”…

…since THAT’S WHAT WAS SAID. Continue reading →

Ethics Quote Of The Month: Professor Jonathan Turley

/ Jack Marshall / 2 Comments

“This is Larry Tribe’s brain on Trump…”

“There is an open frustration among many who want confirmation that we are finally close to a Trump indictment. It is neither satisfying nor entertaining to consistently say that this is far short of any cognizable criminal case. However, the cable news is filled with experts assuring viewers that we are closer than we are. It is like finding a scientist willing to assure viewers that the moon is half its actual distance. It may be an exciting prospect, but it makes any attempt a dangerous pursuit.”

—-George Washington University Law School Professor Jonathan Turley, decisively debunking claims that President Trump was guilty of “witness tampering” when he helped hos son craft a misleading description of his meeting with Russians offering “opposition research.”

When the nauseating history of “the resistance” is written, laying out how Democrats, progressives and the news media abused, harassed, undermined, obstructed and withheld basic respect of his office from this President unlike any before him in hopes of  overturning an election, Professor Turley will stand tall, just as he did during the run-up to the Clinton impeachment, when he was one of the few liberal scholars with the courage to spit on the Democrats’ “everybody does it” and “it’s just sex” defenses. Along with fellow liberal legal scholar Alan Dershowitz, Turley has steadfastly insisted on legal precision and fairness from the various members of his profession, some distinguished indeed, who have rushed to give aid and comport to  anti-Trump zealots by jamming the square pegs of Trump’s conduct into the round holes of criminal statutes.

One of the repeat offenders has been former Harvard law professor Lawrence Tribe.  Tribe quickly announced that what Trump had done by working on his son’s statement was witness tampering.  Tribe previously has opined that Trump and his family was guilty of evidence of obstruction of justice, criminal election violations, Logan Act violations, extortion and possible treason by the president or his family, as well as by May joining Maxine Waters in the indefensible fantasy that Trump could and should be impeached. Tribe also recently tweeted that White House aide Stephen Miller was a “non human,” though that tweet has been taken down by its impulsive author.

Come on, Larry! You can’t do “the resistance” any good by broadcasting your biases like that!

Yes, there is strong evidence that the Trump Hate Virus has eaten away at the once brilliant professor’s prodigious brain, but Turley respectfully treats his latest impeachment fantasy with the respect it might deserve if Tribe were still at its peak:

[A] misleading statement is not a crime in itself — or half of Washington would be serving time. It is spin. It turned out to be remarkably ill-advised and self-defeating spin, but it was a classic effort to emphasize the least damaging part of the story. It was also dumb. The president knew there was a special counsel in the field investigating his role into a possible effort to obstruct the Russian investigation. There were various options in responding to the New York Times story about emails to Trump’s son.

This was the worst of all available options. The president prevented his staff from insulating himself from the story and creating some crush space between him and his controversy. By inserting himself into the controversy, he harmed both his and his son’s legal position. Trump, once again, made the White House the center of gravity for the scandal rather than Trump Tower or the campaign….

However, it still does not make it a crime. Take Tribe’s witness tampering claim. The statutory provision in 18 U.S.C. 1512 addresses an effort to “corruptly persuade another person” to “influence” testimony of that person in the withholding of information. This language has never been extended to a public statement of this kind.

First, there was no existing demand for testimony from Trump Jr. on this meeting. Second, there is no evidence that Trump told his son to lie about the email or the original understanding of the meeting. This was not coaching for testimony but a public defense. Third, even if this were construed to be about testimony, the law contains an express affirmative defense (that needs only be proven by a preponderance of the evidence) that “the conduct consisted solely of lawful conduct” and that the defendant intended to encourage truthful testimony. The Trumps have emphasized what the meeting primarily addressed while downplaying what it was intended to address. They did not address the original purpose in the statement.

Turley goes on to note the pernicious double standards being employed by Tribe and others corrupted by their “resistance” fervor.”

“The Clintons were famous for such spins. Indeed, with knowledge of an ongoing investigation in the field, Clinton repeatedly changed her account of the use of a personal server to transmit sensitive and classified information. It went from an assertion that no classified material was sent (which is untrue) to a statement that she never “received nor sent any material that was marked classified” (which is also untrue).”

Of course, Tribe never raised a peep about Hillary’s conduct on Twitter or anywhere else. Continue reading →

From The “Trump-Hate Disabling News Media Ethics Alarms” Files: The Washington Post “Kids Chorus”

/ Jack Marshall / 25 Comments

For those inexplicably loyal fans of the news media who said to themselves, “Well, CNN is an exception. The other respected news organizations will never let the President push them to completely alienate the public’s trust,” here is the hard, cruel truth: you are dead wrong. Open your eyes.

Witness the Washington Post, which somehow thought that it would enhance its reputation as a fair, independent, responsible and objective news source by recruiting a group of children to mock President Trump by singing his tweets. This was a Washington Post promotion, now. The Post believes that its readers want to get their news from a newspaper that gratuitously ridicules the President of the United States.  Maybe they are right. Such readers, however, are not looking for facts, or objective analysis. Those readers are looking to feed their confirmation bias.

At “The Hill,” reporter Jonathan Easley tweeted: “WaPo getting kids to mockingly sing Trump’s tweets seems needlessly antagonistic and a dumb move right now.” 

Gee, ya think?

I’m trying to imagine the long list of broken ethics alarms that had to malfunction for the Post to let this get all the way through conception, to production, to publication. Nobody in the chain of command said, “Yeah, that’s hilarious, but let’s leave this kind of thing to Jimmy Kimmel, okay? We’re a newspaper.” Nobody. Nobody thought that this would simply confirm what media critics have been saying about toxic anti-Trump bias. Nobody thought about how a graphic demonstration of this mindset at the paper would undercut any claim that the Post is capable of fair reporting on an elected leader it would show such disrespect to just to make a promotional pitch. Nobody. Continue reading →

Whatever Else Can Be Said About President Trump, He Has Caused CNN To Expose Its Abandonment of Ethical Journalism. GOOD. [UPDATED]

/ Jack Marshall / 34 Comments

“All the news media would have to do to have a shot at beating Trump would be to act in a measured, professional fashion. Trump has revealed that they’re incapable of that; it seems as if that option has never even occurred to them.”

Thus wrote Glenn Reynolds, the Instapundit, yesterday. I almost made it the Ethics Quote of the Day. The poster child for the malady that Reynolds describes is, of course, CNN. What has happened to that once respected news source in the last few weeks, and accelerated in the last few days, should, in a rational world, be reveille for the others who easily could fall into similar self-baited traps, and probably will. As we have seen, however, most of the similarly infected have either defended CNN or tried to bury its disgrace.

During the campaign for the Republican nomination, the assumption was that eventually Donald Trump would snap, engaging in some ugly conduct or rant that would sink his prospects and decimate his support. It never happened. Then in the general campaign, the same assumption reigned. He was a narcissist without ethics alarms. Goad him, frustrate him, and he would eventually crumble like Humphrey Bogart on the witness stand in “The Caine Mutiny.”  That theory worked well. Never mind: since his election, Trump has been subjected to unprecedented hostility from the news media, disrespect from elected officials, journalists and popular culture like no one before him, and a barrage of hate and insults.  Is part of the impetus behind the tactics of “the resistance,” Democrats and the news media the theory that relentless frustration and abuse will finally provoke that elusive “snap!” that results in an impeachable offense? I think it is. So far, as before, this tactic has failed. Ironically,  it is Trump’s most relentless foe, the mainstream media, that is snapping instead, driven to humiliating unprofessional and unenthical conduct by the President’s juvenile trolling. One wag recalled Wilford Brimley’s classic interrogation of Paul Newman’s character in “Absence of Malice” after Newman had maneuvered a district attorney, a federal agent and an unethical reporter into destroying themselves and their careers,

“Mr Gallagher…I seem to want to ask if you set all this up. If I do, you ain’t gonna tell me, are you?

I don’t think Trump’s sophomoric and undignified tweets were brilliant stratagems; he’s not that smart. He does, however, have the immense benefit of loathsome and inept enemies, and moral luck has been on his side. It is very possible that CNN’s over-the-top, thuggish and ugly response to the President re-tweeting a stunt GIF showing an image of him wrestling with a figure symbolizing CNN will prove to be a tipping point for both the network and the news media generally.

The network’s efforts to defend the indefensible, a senior CNN reporter intimidating and threatening to dox the ordinary web troll who made the GIF, has made it clear to anyone paying attention that CNN simply employs too many awful, unprofessional  people, prone to liberal fascism and habitual contempt for fairness and decency.  This, in turn points to a sick and unethical corporate culture, which was hinted at recently by the James O’Keefe sting videos featuring a producer mocking the concept of journalism ethics.

Today on her Twitter feed, CNN political analyst Kirsten Powers argued that Americans “do not have a right to stay anonymous” if they are expressing offensive views, meaning views that she/CNN/ progressives—you know, the good people who are always right?— find offensive.

Powers was responding to the uproar surrounding CNN’s report on the Reddit user believed to be responsible for the famous WWE meme of President Trump body-slamming the network’s logo. The CNN article included a threat to reveal the meme maker’s name if he doesn’t comply with the outlet’s demands.

The CNN commentator took issue with the people from all sides of the political aisle taking the side of the Reddit user, who goes by the pseudonym “HanAssholeSolo,” and argued he didn’t deserve any sympathy due to his past “anti-semitic racist, and anti-gay” posts. “People do not have a ‘right’ to stay anonymous so they can spew their racist, misogynist, homophobic garbage,” she added, noting that she would have published the GIF-maker’s name for all to see.

“Racism and misogyny is not an ‘opinion'” she said.

Bingo. There it is: the watermark of a leftist fascist, an anti-free speech hypocrite, and the rotting, stinking soul of CNN. Continue reading →

Morning Ethics Round-Up: 7/5/17

/ Jack Marshall / 73 Comments

Good morning!

1. I’ve always had ethical problems with parole hearings, and thanks to a link sent by Ethics Scout Fred, I really have ethics problems with parole hearings. This story, from New Hampshire public radio, portrays an unprofessional and chaotic process in which parole boards, made up of officials without training or guidelines, insult, bully and deride prisoners to get the answers they want. A sample:

“While they may review cases beforehand, the parole board has only about 15 minutes to speak with people convicted of charges including sex offenses, drug crimes, and domestic violence before deciding if they can live safely outside prison walls. Members receive no training and appointment requires no prerequisite experience. Most of the time, inmates who meet minimum requirements are granted parole.”

Great.

2. Crime naturally makes me think of Chicago, where, it is reported, the wise city managers, led by Mayor Rahm Emanuel (D) are installing a system that requires public high school students to show that they have plans for the future before obtaining their diploma. In order to graduate, students will  have to demonstrate that they’ve secured a job or received a letter of acceptance to college, a trade apprenticeship, a gap year program or the military The Washington Post reports. Emanuel’s plan, approved by the Board of Education in late May, makes Chicago’s the first big-city system to make post-graduation plans a requirement.

“We are going to help kids have a plan, because they’re going to need it to succeed,” Emanuel told the Post. “You cannot have kids think that 12th grade is done.”

Oh, why don’t we just enlist the kids in the Social Justice Youth Corps, give them uniforms and some good progressive indoctrination, and be done with it? This is such an egregious abuse of power and autonomy, as well as parental authority, that the fact that it got a single vote indicates that the culture’s values are coming apart. I’m going to list five things that are unethical about this plan, and invite readers to some up with the doubtlessly large number of others that I missed because its early and the shock of this story fried half of mu brain:

It’s dishonest grandstanding. How are they going to enforce the “plan”? Will Chicago’s Plan Police keep tabs on graduates? Will students who don’t follow the plan be captured and thrown back into high school?

  • It is unfair, coercive. unconscionably narrow. What if a student’s plan is to continue her education by taking a year off and touring the world? What if the student plans on training for the Olympics, or a bodybuilding championship?

What if she wants to go to New York City and audition for shows?

  • The measure demonstrates myopic disregard for the original, the eccentric, the creative, the  bold, the dreamer, the non-conformist and the individualist

But then individualists make poor sheep, right?

  • It is totalitarian. It is none of the government’s business what a student chooses to do after graduation, or when that student decides to it. Here was my plan, fully backed by my parents: spend as much time figuring out what I want to do with my life as it took.

I’m still figuring.

  • It is arrogant. It is disrespectful. It is presumptuous. It is an invasion of parental authority. It is probably unconstitutional. It is wrong.

ARRRRRRRGHHHHHHH!!! Continue reading →

Which Presidents Would Have Tweeted Trump-Style If They Had A Twitter Account?

/ Jack Marshall / 35 Comments

The tweet above from the President as he doubled down on his unusually stupid attack tweets against Joe and Mika got me thinking. He’s not entirely wrong. Trump is the first President to use social media personally and for candid statements and observations, bypassing the news media, and almost all of the previous Presidents had no choice in the matter. Fourth of July weekend always gets me thinking about the Founders, and the Founders get me musing about the Presidents, and I found myself playing this mind game: Which of our Presidents, had they has access to Twitter, would have used it in a Trumpian manner?

I should clarify some issues at the outset. None of the Presidents would have used Twitter in a stupid, juvenile and boorish manner like President Trump, because none of them were that stupid, juvenile and boorish. (On the other hand, none of their critics, being comparatively responsible and sane, would have argued that stupid, juvenile and boorish tweets were justification to remove the previous 44, as Keith Olbermann thinks.) By using Twitter in a Trumpian manner, I mean using it…

..Personally…

…for the purpose of by-passing the news media and White House spokespersons…

…in order to make declarations of intent, emotions or satisfaction, or

…to attack, accuse, denigrate, compliment, rebut, defend, joke, troll, or otherwise

…communicate directly with the public.in an unfiltered manner.

One other caveat: Trump would definitely be establishing new Presidential norms were his tweets less obnoxious and embarrassing. By the time his term(s) are over, he mat have given Presidential tweeting such a bad reputation that no future POTUS will dare use Twitter for fear of being compared to the Mad Tweeter of 1600 Pennsylvania Ave.

All right, on to the inquiry!

Which of our previous Presidents would have used twitter in one or more of the ways Trump uses it. based on what we know of their character and leadership styles?

Continue reading →

The New York Times’ Lies About “Trump’s Lies”

/ Jack Marshall / 126 Comments

In a grandstanding stunt that was even beneath the fallen role model of U.S. journalism, The New York Times printed what it claimed to be “the definitive list of Donald Trump’s lies” since his inauguration. To say the the list was itself full of lies, and that the over-all assertion that these were “Trump’s lies” was a misrepresentation, is not in any way to excuse the President’s lazy, careless, incompetent use of language, impulsive habits of communication, shockingly inept reasoning and  reckless tweeting. Almost all of the statements quoted by the Times contain misinformation, irresponsible opinions  or unwarranted conclusions, and it is dangerous and disruptive for any leader, indeed anyone, to express themselves this way. Nevertheless, the statements are not all lies. Most of them, in fact, are not lies.

Does it matter? It does. When the New York Times call a list “definitive,’ that list should at a minimum meet the definition of what the New York Times claims to be exposing. It does not. The definition of a lie is a “a deliberately false statement designed to deceive.”

If we assume that the New York Times knows what a lie is, and if the Times does not then it should have no credibility at all, since a journalist’s mission is to report the truth, then the list proves that the New York Times deliberately set out to deceive its readers.

At one point, the Times says,

“We are using the word “lie” deliberately. Not every falsehood is deliberate on Trump’s part. But it would be the height of naïveté to imagine he is merely making honest mistakes. He is lying.”

This is a self-contradictory statement. If a falsehood isn’t deliberate, then it isn’t a lie.

In presenting this unethical project, the Times took unethical advantage of its readers’ confirmation bias. When the “Lie” list was printed, the Times made certain that it would require super-human dedication and extraordinary eyesight to read it, through the devices of listing every item and the Times commentary in horizontal sequence and in half the usual size type-face. (See above) This ensured that almost no readers would make the Herculean effort to read the whole thing , especially since the well-trained Times readers already “knows” that Donald Trump is a liar. In addition, the explosion of tiny words created the visceral response of “Wow! Look at all those lies!” which is exactly the effect the Times editors wanted.

But that isn’t reporting, and it isn’t journalism. The “list” was a page-size, visual, ad hominem attack. The Times wasn’t seeking close scrutiny of its list, nor was it interested in making any rebuttal easy or likely.

We have learned that the Times list was largely assembled from various fact-checker columns. That is a red flag, and explains many of the most embarrassing inclusions on the list. None of the fact-checkers are trustworthy. All of them are biased, Snopes and PolitiFact worst of all, and they consistently register opinions that the writer disagrees with as “false.” Many, many of the items on the Times list are in this category.

I’m not going to go over the entire list here and distinguish between the lies and non-lies, though I have done the analysis. My template for an undisputed Presidential lie would be Bill Clinton’s “I did not have sexual relations with that woman”—he did, and he said this deliberately to deceive; and Barack Obama’s “If you like your plan, you can keep your plan” declaration that he made repeatedly to sell Obamacare to the American people in 2009. The “women make 77 cents for every dollar a man makes for the same job” is a fake statistic that both Clinton  and Obama (and Hillary and Bernie) used, but that would not qualify as a lie on my scale.  I think they believe it, or believe that it’s close enough to true that they aren’t lying when they refer to it. Many of the “lies” on the list fall into this gray area. Of course, the Times never set out to list all of Obama’s lies, or Clinton’s, because they never wanted to suggest either of them were untrustworthy, though a good argument could be made that Clinton was, and Obama regularly engaged in deceit and misrepresentation. To its credit, the Post’s Factchecker did create a list of outgoing President Obama’s “Top Ten Whoppers.”

Many statements that Obama made that were much like dozens of the items on the Trump list were never called “lies” in the mainstream media, as when he attacked the Supreme Court and the Citizens United ruling in a State of the Union address by saying that the decision “will open the floodgates for special interests”…“ including foreign corporations”…” to spend without limit in our elections.” (Justice Alito was seen mouthing “not true” and shaking his head.”)

Unfortunately for the Times, listing “Trump’s lies” chronologically exposed the dishonest and biased nature of the exercise from the start. The first three “lies” are not lies.: Continue reading →

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

/ Jack Marshall / 35 Comments

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 →