Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

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“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading

Jumbo Alert, As An Integrity And Corruption Check For Pundits, Journalists, And All Your Hillary Clinton-Defending Friends Looms

Jumbo film

The real test of when someone will lie to your face is when they will insist that their former, perhaps bias-supported but still sincerely-held position is still valid after all justifications for it have vanished. This is Jumbo territory, the point where Jimmy Durante, giant elephant in tow, shrugged to the accusing sheriff in front of him and said, “Elephant? What elephant?” That, however, was a joke. This is tragic.

Many of us knew we would reach this point long ago, of course. As many, including me, have documented since the New York Times first broke the story of how Hillary Clinton had defied policy, best practices, competent national security management, technology common sense and perhaps the law by receiving and sending her official State Department e-mail on a home-brewed server. First she said there was nothing improper about doing this, then she said she had received no classified information, then she said she had received no material marked classified. She trotted out rationalizations: “everybody did it,” “other Secretaries of State did it,” “don’t sweat the small stuff,” ultimately adding a rationalization to the list, “It wasn’t the best choice.”

Those of us who have followed the pattern of Clinton scandals over the years knew that her camp was running out of smoke when it defaulted to the old “vast right wing conspiracy” diversion that worked so well—for a while—during the Monica Mess. The facts have been pretty clear for a while now, to anyone with the honesty and fairness to acknowledge them. Hillary Clinton, for her own convenience (as she has said) and to keep her communications out of the view of Congress, the public, political adversaries and law enforcement as she mixed personal business, politics and influence peddling with her official duties, willfully endangered US security and even the lives of intelligence personnel by handling official communications in an insecure manner.

The FBI has been investigating all of this—not her, her campaign keeps reminding us, just the e-mails!—and the State Department, which has been acting as a partisan ally when it’s duty is to the American people, finally was forced by a judge to review and turn over the e-mails involved, other than the ones Clinton had destroyed by her lawyer (nothing suspicious or irregular about that). With each new batch revealed, more e-mails that contained classified information have been found. Former Defense Secretary and CIA director William Gates said this week that Russia, China and Iran, among other foreign nations, probably hacked Clinton’s e-mails, “given the fact that the Pentagon acknowledges that they get attacked about 100,000 times a day.” Meanwhile, State has identified over 1,200 emails that it deems classified were sent over Hillary’s private server, making her first denials ridiculous, and her ultimate denials an admission of gross negligence and stupidity, even if they were true. The Secretary of State didn’t discern that any of 1200 e-mails contained information requiring care and confidentiality? This is the “I’m not corrupt, I’m stupid” defense, which is one no Presidential candidate ought to be allowed to get away with, especially one being extolled by the current President for her alleged competence and experience.

Now the walls, and the facts, are closing in. Yesterday, the Obama administration confirmed for the first time that Hillary Clinton’s home server contained closely guarded government secrets, and announced that 22 emails that containing material requiring one of the highest levels of classification were so sensitive that they could not be released.  Is that clear? These are communications that were on an insecure server, vulnerable to hacking, that Clinton saw, and either didn’t recognize as such—she’s not that stupid—or didn’t care enough to start being responsible. With such e-mails, it doesn’t matter if they are marked: they are self-marking: big, loud, throbbing documents that any Secretary of State, even Secretary Gump, must know are classified because of their content.

The State Department revelation came three days before  the Iowa presidential caucuses, and, incredibly, the Clinton campaign complained about the timing! Yes, it is certainly outrageous to let voters know about the duplicity and incompetence of a candidate for President before they vote for her. This is how Clinton thinks. If that doesn’t bother you, get help.

Federal law makes it a felony for any government employee to mishandle classified information, and here comes the integrity check. With this new information, Clinton has no defense. By definition, allowing top secret information to be received and perhaps forwarded on an insecure, private server is mishandling, and illegal.  Clinton’s campaign, of course, is lying and spinning: the current tactic is to dismiss this as an inter-agency dispute over what is classified. (The Clinton-enabling Vox made bolstering this deflection the centerpiece of its “explainer”) However, when the current State Department is so sure of 22 e-mails’ top secret character that it feels it must withhold them from the public and the media, it is obvious that this was no close call, especially since State has been covering and spinning for Hillary to a disgraceful degree already.

So the facts speak: Yes, she lied. Yes, she endangered U.S. security. Yes, she willfully exposed classified documents to hacking by our enemies. Yes, she did this for her own personal and political benefit.

Yes, she broke the law, and this law ain’t jaywalking. Continue reading

Observations On The Center for Medical Progress Indictment In The Planned Parenthood Case

Never mind....

A Houston grand jury investigating undercover footage of Planned Parenthood taken in a lengthy hidden-camera sting operation engineered by the Center for Medical Progress not only found no wrongdoing by Planned Parenthood, it instead indicted the anti-abortion activists involved in making the videos. The Center’s founder David Daleiden was indicted on a felony charge of tampering with a governmental record and a misdemeanor count related to purchasing human organs. Another activist involved in the operation, Sandra Merritt, was indicted on a charge of tampering with a governmental record, which carries a maximum penalty of 20 years in prison.

1. It looks like they may have violated the law, at least it looks that way sufficiently to justify an indictment. In order to sting Planned Parenthood, the Center and its allies 1) used a fake drivers license and 2) allegedly offered to buy human baby parts, which is against the law. I have no problem with the indictment, and neither should anybody else. The ends don’t justify the means, and an activist group trying to do what it thinks is right has no more leave to break laws than anyone else.

2. The Center for Medical Progress defends it actions  by arguing that its activists use “the same undercover techniques that investigative journalists have used for decades in exercising our First Amendment rights to freedom of speech and of the press.” That’s an everybody does ut argument. As the Volokh Conspiracy, points out, journalists have no more right to break laws than anyone else.

3. Kevin Drum, at Mother Jones, of all places, questions the indictment because “the law prohibiting the solicitation of human organs for purchase was clearly intended to prevent a black market in such things, not to punish people who are so against the sale of human organs that they falsely represent themselves as buyers in hopes of discovering and shutting down illegal activity.”  I take it back; that sounds like a Mother Jones argument. It’s like saying that murder laws exist to stop good people from being killed by bad people, and shouldn’t apply to good people killing bad people. Or that laws against theft were never intended to punish a poor family trying to feed its children. Laws are put in place to stop conduct that society doesn’t want to occur. When an exception is necessary, then an exception must be drafted,  passed, and signed into.  law. Continue reading

From A Proud Abortion Defender, An Inconvenient Truth….

Snake eating its tail

A New York lawyer named Janice Mac Avoy gifted the Washington Post with an op-ed that was supposed to be a powerful brief for abortion. Viewing it as someone who is deeply conflicted about the ethics of abortion, which is to say, someone who is objective and who didn’t make up his mind first and then look for rationalizations to support that position, I recognized it as a perfect example of why abortion advocates still haven’t made a strong enough case for me, and perhaps why they can’t.

I am still surprised, somehow, when lawyers, like Mac Avoy, display poor reasoning skills. I shouldn’t be, I know: I’ve known plenty of dumb lawyers, even rich and successful dumb lawyers. I suppose I am hostage to the mythology of law school, that professors take students whose “minds are much,’ to quote Professor Kingsfield, and transform those minds into whirring computers of emotion- and bias- free rationality. Unfortunately, mush in, mush out tends to be reality.

Mac Avoy places her own mind in the mush column immediately, with her title “I’m a successful lawyer and mother, because I had an abortion.” This shows her adoption of the classic logical fallacy Post hoc ergo propter hoc, or “After this, thus because of this.” The statement is factually nonsense, and her column takes off from there.

Some highlights:

1. She writes…

“In spring 1981, I knew I wanted to be a lawyer. I was about to become the first person in my family to graduate from high school. I had a scholarship to college, and I planned to go on to law school. I was determined to break a cycle of poverty and teenage pregnancy that had shaped the lives of the previous three generations of women in my family — all mothers by age 18. Then, just before graduation, I learned I was pregnant. Knowing that I wasn’t ready to be a mother, I had a friend drive me to a Planned Parenthood clinic, where I had an abortion.”

Pop quiz: What crucial piece of information is glossed over, indeed strangely omitted, from that account? Mac Avoy “was determined to break a cycle of poverty and teenage pregnancy” —so determined and laser focused on the life goal that she suddenly woke up pregnant! How did that happen? Apparently, despite her representation to the contrary, she was not sufficiently determined that she was willing to refuse  to engage in the exact and only conduct that could foil her intent, and that she knew could foil her intent.

I’m not arguing that a teenage mistake of judgment should derail a life, but I am pointing out that to ignore that personal conduct, as Mac Avoy does, and pretend that pregnancy in every case is some unavoidable random tragedy like a rape or incest, is self-serving and intellectually dishonest, and like most pro-abortion rhetoric, avoids the key issues that make abortion a difficult ethical problem.

2. She writes… Continue reading

No, I’m Not Angry, And No, I Don’t Hate The Clintons, And Yes, I Know What You’re Doing By Claiming Otherwise

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A website linked to Ethics Alarms last week, and inadvertently exposed me to some nasty critics*, one of whom wrote  that among other transgressions, I “really hate the Clintons” and am “a very angry person.”

I know what this is, and I enshrined the technique as Rationalization #48. Ethics Jiu Jitsu, or “Haters Gonna Hate!”:

This vintage of obnoxious rationalization is recently pressed. Its objective is to turn the tables on legitimate critics of unethical conduct by asserting that it is the act of criticism itself that is wrong, thus allowing the object of the criticism to not only escape unscathed, but to claim victim status... The politically-motivated legal monstrosities known as “hate crimes”  have inspired this rationalization by making it plausible to argue that dislike itself is wrong, even when what is being disliked, criticized or hated is objectively wrongful conduct. All “haters” are lumped together, whether the object of hate is Lance Armstrong’s cheating, the NFL’s conspiracy to hide the effects of concussions, or Barack Obama’s ineptitude, in a linguistic trick that suggests that sincere critics are no different from people who hate the United States, minorities, decency, true love and puppies. They are all haters, hate is bad, and it’s the haters who are the problem, not the corruption, dishonesty, and betrayals they criticize…

I don’t hate the Clintons. I have no emotional investment in the Clintons at all, any more than I am filled with hatred for Donald Trump, Melissa Harris-Perry, Bill O’Reilly, Kim Davis, Nancy Pelosi, Harry Reid, Mitch McConnell, Michele Bachmann, Debbie Wasserman Schultz, Carol Costello, Barry Bonds, Tom Brady, the NFL, PETA or any of the targets of intense criticism here. Hate is a powerful emotion, and it leads to irrational decision-making. This is a blog dedicated to ethics, which requires rational decision-making. Hatred leads to bias, and bias makes us stupid. I am not a hateful person; I doubt that anyone who knows me thinks of me as a hateful person. Continue reading

By Popular Demand: Welcome Ethics Alarms Rationalizations #55, “We’re Better Than This!” and #56, “Think of the Children!”

Think of the Children

About a week ago, I asked readers whether “We’re better than this!,” at the time being wielded like a club by Democrats to counter various Republican proposals to control, limit or cease the immigration of Muslims into the U.S., was a true rationalization that deserved inclusion on The List. The response suggested that most of you felt it was, and upon reading the responses, I agree. A rationalization is an invalid and dishonest argument used to advocate or defend questionable conduct. “We’re better than this!” fits that description, and thus I officially dub it Ethics Alarms Rationalization Rationalization#55, “The Idealist’s Delusion,” or “We’re/ You’re Better Than This.”

Like the other rationalizations, “The Idealist’s Delusion” may sometimes be fair and true, but it is still an unethical argument if there is nothing more substantive to back it up. Think of it as the reverse of  #14. Self-validating Virtue, in which unethical conduct supposedly becomes ethical because the person doing it is deemed—usually by himself— incapable of wrongdoing. Rationalization #55 uses presumed virtue to claim that a potential actor is too good to do something…without ever making the case that the considered conduct is really wrong or unwise.  #55 is a pretty neat trick, when you think about it: it simultaneously appeals to an individual or organization’s self-esteem while unilaterally declaring an objective, motive or methods demeaning. This relieves the advocate for avoiding the conduct in question of the requirement to make the case with more than vague declarations of principle. If #55 is effective, it can only be because those persuaded never engaged in critical thinking, asking and answering such crucial questions as what are the benefits of this proposed action, who will it benefit, what ethical principles does it follow or violate, and are the intended results worth the cost? The Idealist’s Delusion is a cynical tool to bypass ethical decision-making by assuming the result, and using ego and guilt to stifle objective analysis. As I wrote in the earlier post.

When “We are better than this” is followed by “because..’ and more substantive points, I have no objection to it, although “we should be better than this” is fairer. It can begin an analysis, but is not an analysis itself. However, when it is used as a substitute for analysis, it is pure rationalization.

I am also finally adding “Think of the Children!” to the list, as Rationalization #56, The Universal Trump. Continue reading

Epilogue: The Boo-Boo Hoax, Blues Blindness, and Trust

The comments on the boo-boo hoax post have me so upset that I can't see this...

The comments on the boo-boo hoax post have me so upset that I can’t see this…

Every now and then, and it is never on a post that I am especially keen on or that I expect to catch fire, a link to an Ethics Alarms essay is suddenly being clicked on by a lot of people who have no interest in ethics, but a particular interest in a topic I happened to stumble into, as I am wont to do. Usually these waves of traffic contribute nothing of substance to our ethics colloquy, produce no new regular readers, and  they depress me, as did the so-called “Instalanche” of a few years back when Glenn Reynolds deigned to link to a post.  A bigger group of nasty right wing jerks I have never encountered before or since: I lost a bit of respect for Professor Reynolds that day (His avid followers maintained it was ethical to spread a web rumor that Harry Reid was a pederast in retribution for Reid’s “Romney hasn’t paid taxes” lie. It’s not.)

The current ‘-lanche’ has arrived courtesy of my post of a couple days back about an unlabeled hoax study published by The Journal of Evaluation in Clinical Practice, a (formerly) respectable scientific journal. Of the few new readers who have commented, most have distinguished themselves by making the typical threadbare rationalization used for all web hoaxes, to wit:  “Anyone who didn’t figure out it was a gag isn’t as smart as I am.” If these people typify the ethical acumen of scholarly journal readers, we have trouble my friends, right here in River City.

See, Brilliant Advanced Degree-holders, the problem with respectable journals (if there are such things) publishing inside jokes without proper labeling is that the false studies are read and believed by journalists, who spread the misinformation like an oil slick over the culture and public consciousness. It doesn’t matter if you got a chuckle out of it; what matters is that a lot of people were made to believe false information, and it is the purveyors of that false information, not the oh so gullible and ignorant victims of it, who are at fault. Continue reading

Introducing Rationalization # 54: The Scooby Doo Deflection, or “I Should Have Gotten Away With It!”

Scooby excuse

Everyone knows that Scooby Doo cartoons invariably end with the captured miscreant, who typically was pretending to be a ghost, a ghoul, or some kind of monster to frighten people away from a gold mine/ buried treasure/ crime scene or something else, being unmasked and stating ruefully, “I would have gotten away with it, too, if it hadn’t been for those meddling kids!” Needless to say, this is neither a defense nor a mitigation. Yet you will hear or read variations on The Scooby Doo Deflection from non-animated characters, like pundits, politicians and others, all too frequently. Their versions typically take the form of protests that since Conduct X by a party or party was unfair or wrong,  dishonest or unethical Conduct Y on the part of someone else—often the protesters— shouldn’t count, should be considered less wrong, or should be punished more leniently.

The argument is silly in Scooby Doo cartoons, and is even more ridiculous in real life. Continue reading

The Late Senator Dale Bumpers Was An Ethics Corrupter Of Historic Significance: That’s His Legacy

Impeachment ticket

Former U.S. Senator Dale Bumpers (D-Ark) has died at 90, and his obituaries respectfully note his successful political career that led him to the Arkansas State House as well as Washington, D.C. His death is nicely timed with the re-emergence, thanks to Donald Trump and Bill Cosby, of scrutiny of Bill Clinton’s proclivities as a sexual predator. Bumpers played a key role in not only allowing Clinton to escape accountability for that reprehensible conduct and other conduct required for him to continue it, but also in corrupting the Presidency, the public and the nation.

Good job, Senator. Sorry you’re dead, but now, while you are briefly back in the public eye, is the time to be clear about your legacy.

On January 21, 1999, late in the Clinton impeachment proceedings on the Senate floor, recently retired Senator Dale Bumpers took center stage to defend his fellow Arkansas Democrat as he fought for his political life. The fact that Bumpers was allowed to make such a speech proved that the proceedings were rigged, and were nothing but partisan theater. I don’t think Chief Justice Rehnquist, who supposedly presided over the impeachment “trial,” should have allowed Bumpers to speak; maybe the Chief Justice had to: I am unclear on whether he could have acted like a judge if he wanted to. Bumpers was not then a member of the body, and he introduced no evidence. Indeed, his entire function was to mischaracterize the issues, confuse the public, and remind his Democratic colleagues that their first duty was to the party rather than the nation.

That being the case, he did his job well.

Reading the transcript of his speech again for the first time in over a decade, I was struck at how terrible—cynical, misleading, dishonest—it was. The speech essentially distilled all of the rationalizations and excuses, repeated ad nauseum by Lanny Davis and others on cable TV since the Monica Lewinsky scandal had broken, into a credible imitation of a sincere, non-partisan appeal by an elder statesman. Masterful it was; it was also rotten to the core. Continue reading

What’s More Unethical Than A Web Hoax? How About A Scientific Journal Hoax?

mom-kiss

The Journal of Evaluation in Clinical Practice, a respected scientific journal, published a supposedly peer-reviewed study in its current issue finding that kisses from mommy are not an effective way of remedying children’s boo-boos. Several news outlets fell for the hoax, including The Daily Caller.

“Maternal kisses are not effective in alleviating minor childhood injuries (boo-boos): a randomized, controlled and blinded study described the results of research allegedly conducted on 943 pairs of toddlers and their mothers and designed to determine whether a kiss from a child’s mother after a minor injury significantly reduced the child’s distress.

There were plenty of red flags in the study beyond its ridiculous subject matter. For example, the “researchers” wrote that they intentionally constructed scenarios in which children would hurt themselves. In one scenario, the authors claimed that they placed chocolate in an area where a child would bump his head trying to reach the chocolate. In another, they said that the researchers placed a child’s favorite object behind a heated coil so the child would burn herself trying to access the object. Continue reading