President Donald Trump

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 →

It’s A Comment Of The Day Weekend! First Up…Comment Of The Day: “This Is The Heartbreak Of Anti-Trump Brain Loss…”

/ Jack Marshall / 4 Comments

I am desperately behind in posting deserving Comments of the Day, and have vowed to catch up. This one, by Zoltar Speaks!, is almost a week old, but fortunately its substance remains very current.

He was responding to the post about Harvard icon Larry Tribe being moved to engage in rumor-mongering and conspiracy theories because of his, and undoubtedly his elite peer group’s, contempt and hatred of the President of the United States. I had been holding it to pair with a long post regarding the daily, embarrassing displays of utter bias and irrationality in the New York Times, based on my forced perusal of the last Sunday edition. That post will arrive sooner or later, but it is unfair to delay wider distribution of Zoltar’s commentary any longer.

I was joking about “Anti-Trump Brain Loss,” but the phenomenon is no joke, and is, in fact, an existential threat to the nation, one more thing that the Trump Deranged are incapable of seeing in their fury. For some reason I was reminded of one of the worst Hollywood  movies ever mad, the hilarious sequel to “The Exorcist,” “The Heretic,” in which we learn that locusts are turned voracious and destructive by being in close proximity with each other. Their beating wings brush against other locusts, and it changes them (we are told) into monstrous forces of destruction. [Note: this is mostly nonsense, but not completely.]  This is like what I witness on Facebook, in the news media and from the more intellectual-limited among Democratic officials, who declare every incident, episode or tweet coming out of the chaotic Trump White House a crisis, then the news media repeats that it is a crisis, and the anti-Trump locusts fantasize about how “the crisis” will finally give them the chance to do what they have been trying to do since November 8, 2016: undo the election.

I was critical of Professor Turley in the previous post, so let me praise his clarity on this topic now. In a post on his blog called “A Question of Law: Calls for the Indictment or Impeachment of Donald Trump Are Transparent and Premature,” he writes,

“Critics increasingly sound like my kids when we drive across country and start to chant “are we there yet?” before we are even a block from the house.  Many view a criminal charge or impeachment as the only hope for America.  However, neither the criminal code nor Article II were meant as post hoc political options for unpopular presidents. Indeed, both are designed to be insulated from public distempers and passions.”

Bingo. Trump hatred has transformed previously responsible adults into children, as well as locusts.  We have never seen anything like it as a nation, and since the infection has mostly crippled an entire political party, the journalism establishment and the pundit class, the risk of permanent harm to the nation is real.  I spent five years warning readers about Donald Trump, and almost two explaining why it was madness to even consider him as a responsible Presidential choice. I did not, however, think for a second that progressive mania in response to a Trump victory—one that arose out of indignation that the Left’s precious agenda would be imperiled by a dolt chosen by the electorate because progressives had become insufferable, arrogant, divisive, cynical, corrupt and increasingly totalitarian—-would create a greater danger than an incompetent President.

Yet that is what has come to pass.  I have always detested the Right’s facile dismissal of liberals as “insane,” as in Michael Savage’s book, “Liberalism is a Mental Disorder,” because it echoes the indoctrination tactics of the Soviet Union, which placed dissenters in mental institutions.  Dubious political beliefs don’t mean one is crazy, but behaving irrationally and irresponsibly because those beliefs aren’t prevailing can produce symptoms of mental disturbance. That seems to be what we are witnessing now.

The locusts’ wings are beating furiously, changing them, driving them mad.

Here is Zoltar Speaks!’s Comment of the Day, the first of several this weekend, on the post, “This Is The Heartbreak Of Anti-Trump Brain Loss…”:

Continue reading →

This Is The Heartbreak Of Anti-Trump Brain Loss…

/ Jack Marshall / 158 Comments

We already beheld the sad spectacle of one of the nation’s most distinguished and respected legal minds beginning to crumble under the dual attacks of anti-Trump hysteria from his peer group, and the inexplicable power of social media to make wise men and women behave like idiots..here (my linking function isn’t working this morning: http://lawnewz.com/high-profile/in-dumbest-move-famous-law-prof-broke-ethics-rules-in-apparent-shot-at-trump/), when famed Harvard Law scholarLawrence Tribe breached a basic and legal ethics principle by issuing a tweet implying that Donald Trump had once asked him about a legal matter, and wouldn’t you all love to know what it was?  When I mention this to lawyers in my legal ethics seminars, they literally laugh and roll their eyes. They know lawyers can’t do this: why didn’t the famous Constitutional Law prof from Harvard Law School have his well-oiled  ethics alarms go off? It was because, I explain, Twitter often turns lawyers and other professionals into fools, and what brains social media hasn’t chewed up can be swallowed by anti-Trump madness.

That was before the election, and poor Tribe’s deterioration has  continued. Three days after the President was sworn in, Tribe joined a group of deranged lawyers and the early stirrings of the “resistance” to sue Trump for violating the obscure Emoluments Clause, which, sane and objective authorities agree, was not intended to apply to a President who has his name on hotels, making the claim that this unprecedented situation constitutes a government official receiving prohibited payments from foreign governments. The theory is not just a stretch, but an embarrassingly  partisan one that a respected Constitutional law scholar should have been mocking, not joining.

Now Tribe has really gone around the bend, and may soon be seen wandering aimlessly through Harvard Square, wearing a Red Sox cap, muttering to himself and carrying a crudely lettered sign. Continue reading →

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

/ Jack Marshall / 90 Comments

1. When this ridiculous episode is recounted in history books, if it is, it will only be as an example of how the news media worked in tandem with Democrats to undermine the President of the United States, and deeply wounded American democracy and the public trust as a result. I suppose if it is recounted, it will either be as one of the many factors that led Americans to express disgust for both the news media and the Democratic party, forcing the first to shape up and the latter to re-invent itself, or, under the worst case scenario, to explain how the United States lost its Constitutional government.

2. A President of the United States fired an FBI director who deserved to be fired, and everything else is political warfare and public disinformation. A President firing someone he had the power to fire and that most Americans rightly believed should be fired cannot be a scandal, a crisis, or anything else worthy of the hysterical coverage this story has received. The coverage of the story is the antithesis of the journalism ethics tenet that journalists cover stories but do not create them.

3. President (and candidate) Trump is certainly at fault for handing his enemies sticks to beat him with. I put this is exactly the same category with a voluptuous woman walking into a bar full of drunken, rowdy men and doing a provocative dance to the jukebox as they hoot and drool. She should be safe, but she isn’t, and she should know that she isn’t. The drunken dogs should be trustworthy not to sexually assault her, but they aren’t,   When she ends up like Jodie Foster in “The Accused,” it is her sexual assailants who are guilty, but it is not blaming the victim to ask, “What the hell were you thinking?”

4. Of course, as has been proven at nauseating length here and elsewhere, President Trump does not think, at least in the professional sense of the word. It was stupid to throw out compliments to Vladimir Putin. It was stupid to make defensive-sounding comments about the Russian hacks because he didn’t want to admit that any factors led to his election other than his essential brilliance. One  indication that there are no sinister connections between Trump and Russia is that if there were, it would be mind-numbingly moronic for Trump to do anything but show hostility to the country and its leaders. It is only slightly less moronic for him to say these things when he has nothing to hide regarding “Russian ties.”

[An aside: a recent commenter on another thread repeated the oft-cited nonsense that Trump must be smart (like he says) because he has an IQ of 160. If Donald Trump scored 160 on an IQ test, then IQ tests should be thrown out and never used again. However, that claim is imaginary. (IQ tests don’t prove you are “smart,” either, but that’s a different issue.) A researcher once estimated Trump’s IQ based on his admission to Wharton and the gross average IQ of Wharton grads, which is itself a phony number. Then this  (incompetently) estimated figure was used by other hacks in some of those “Who was the smartest President?” articles, which estimate the IQs of the Presidents using the same kind of bad reasoning as the process that arrived at the figure for Trump (it was 156, not 160). In truth, nobody knows what Trump’s IQ is. Everybody knows, however, or should, that he does and says an astounding number of dumb things, many of which mostly have the effect of harming him, or his ability to do his job.] Continue reading →

Signature Significance: The Democratic Party’s Irresponsible And Petulant Gorsuch Tantrum [Updated]

/ Jack Marshall / 20 Comments

Signature significance, in the context of ethics, is when a single example of conduct or a single episode is sufficient to make a definitive judgment about the ethical values of an individual or an organization. It is something so striking and blatant that the usually valid statistical argument that one data point is meaningless doesn’t hold true. Ethics Alarms refers to signature significance frequently.

The Democratic Party’s behavior regarding the confirmation of Judge Gorsuch is signature significance. It won’t work. It will result in permanent harm to the Senate, harm that will initially most affect Democrats. It is hypocritical, irresponsible, and embarrassing, at least if the party is considering citizens who understand what is going on, admittedly a minority. It is unprofessional. It is dishonest. It is unpatriotic. The conduct is so obviously irresponsible that it is difficult to believe that Democratic leaders don’t realize it. Because it is all these things, the strategy is also very close to insane.

I just watched Senator Grassley’s address to the Judiciary Committee, ticking off l the reasons why the inflammatory Democratic rhetoric regarding Judge Gorsuch ranged from untrue to self-contradictory to ludicrous. He wasn’t exaggerating; it wasn’t a partisan speech.  Grassley reminded the committee that Gorsuch had been unanimously confirmed when he was nominated to the 10th Circuit. The Senator correctly explained why the recent mantra that Gorsuch wasn’t “mainstream” was counter-factual, since he has voted with the majority on that court over 90% of the time.

Grassley dismissed as offensive and judicially ignorant (my words, not his; Chuck was appropriately mild in his word choices) the argument that Gorsuch lacked compassion and wouldn’t rule “for the little guy.” Competent and ethical judges—unlike, say, Justice Sotomayor—don’t change their decisions according to which litigant is “big,” “little,” rich, poor, black or white. Their job, duty and role is to clarify what the law is. It is only part of the current progressive delusions, most recently shown in the rulings against the Trump travel halt from terrorist-teeming Muslim nations, that judges should base their analysis on their personal and political biases, when those biases are the “right” ones.

Senator Grassley then moved to the complaint that Gorsuch “refused to answer questions.” “What this means is that the judge wouldn’t say in advance how he would rule on cases that hadn’t come before him yet,” the Senator said. Of course he is exactly right. No judicial nominee has been willing to answer such question since the Democrats politicized the confirmation process forever by voting down Reagan appointee Robert Bork, despite the judge being as qualified and brilliant a jurist as anyone nominated to sit on the Court. No judge should have answered such questions before that, either. Cases are decided on the law and the facts. A justice who has made up his or her mind before even reading the briefs or hearing oral arguments is not judging fairly or competently.

Finally, Grassley pointed out that no Supreme Court nominee has ever faced a filibuster or the threat of one. For Gorsuch to be filibustered by Democrats, despite being assessed by almost every legal expert and commentator as unusually distinguished and qualified (including the left-leaning American Bar Association, which has found conservative judges less than qualified in the past because they were…conservative), is indefensible on the merits. Continue reading →