One of the late Justice Scalia’s favorite derogatory shots was to write that the author of a particularly weak legal argument (in his assessment) should hide his head under a bag. I would hope that any Democrat watching the astounding displays of “whataboutism,” “It isn’t what it is,” “gotchas” and ad hominem attacks by their party’s House members would have bags on their heads this morning. How ugly. How dispiriting. How stupid and desperate! How can they continue to support these people?
Prof. Turley, who has emerged in recent years as one of the very few fair, objective and non-partisan political analysts in academia and the legal profession, correctly but too-kindly described the Democrat attacks on the Special Counsel Robert Hur during the congressional hearing on his report on President Biden as “delusional.” The conduct of the worst of the Democrats was much worse than that.
Rep. Gerald Nadler, for example, thought that Donald Trump’s assorted verbal gaffes were relevant to Hur’s report, so he showed a super-cut of them as a preemptive strike, or something. Hur’s report and investigation didn’t involve Trump (I would have ruled Nadler’s cherry-picked video out of order if I had the gavel), and even if it did, Nadler’s intended message was gaslighting: Biden’s mental decline is literally on display every day, every time he speaks or moves. Democrats like Nadler are committed to denying the obvious and trying to shift attention to Trump, who, unlike Biden, has a typical percentage of verbal missteps for any public speaker who emotes spontaneously or frequently. (A Nadler-style compilation could be made of Barack Obama’s gaffes. Or mine.) Nadler and his minions even stooped to including a clip in which Trump said he did not remember saying he had a great memory. Back in 2015, Ethics Alarms discussed several episodes in which Trump either contradicted what he had said earlier or denied that he said it. Nobody who babbles unfiltered like Donald Trump could possibly remember everything he has said. This “gotcha!,” like the rest of the video, was meaningless.
Is there any political issue in American history that was more corrupting than abortion rights? Based on last week’s House vote on the Born-Alive Abortion Survivors Protection Act, I don’t think so.
The bill stated that any infant born alive after an attempted abortion is a “legal person for all purposes under the laws of the United States.” Doctors would be required to care for those infants as a “reasonably diligent and conscientious health care practitioner would render to any other child born alive.” How could anyone who doesn’t endorse legalized infanticide oppose that measure? [You can read the whole bill here.]
Yet the bill only narrowly passed, 220-210, because every Democrat except two voted “no.” (We all know that the Democratic Senate will block passage anyway.) Only one Democrat, Rep. Henry Cuellar of Texas, voted for the bill with one other Democrat, Rep. Vicente Gonzalez of Texas, courageously voting “present.” All of the rest, totally in thrall to the most extreme pro-abortion activists, want doctors to have the option of dashing out the brains of a living new-born who has survived an abortion against the nearest wall. Don’t think they won’t: doctors who botch abortions get sued. But hey, no baby, no problem! Continue reading →
Having reviewed the depressing small population of Ethics Heroes in this Ethics Wreck in Part I, I’ll largely leave the determination of which of the following ethics miscreants should be designated as dunces, villains or fools (or all three) to you. In this, I take my lead from the Saturday Night Live game show, “Geek, Dweeb or Spazz?”
However, there are some easily identified Ethics Villains, beginning with
While the verdict in Kenosha will leave many Americans feeling angry and concerned, myself included, we must acknowledge that the jury has spoken. I ran on a promise to bring Americans together, because I believe that what unites us is far greater than what divides us. I know that we’re not going to heal our country’s wounds overnight, but I remain steadfast in my commitment to do everything in my power to ensure that every American is treated equally, with fairness and dignity, under the law.
I urge everyone to express their views peacefully, consistent with the rule of law. Violence and destruction of property have no place in our democracy. The White House and Federal authorities have been in contact with Governor Evers’s office to prepare for any outcome in this case, and I have spoken with the Governor this afternoon and offered support and any assistance needed to ensure public safety.
Ethics verdict:Despicable and inexcusable.
What’s Biden “angry” about? Nobody should be “angry” that a jury did its job, and nobody who paid attention to the trial can be “angry” that a jury couldn’t find Rittenhouse guilty after the prosecution’s botched case. Anger implies wrongdoing. The President of the United States should never, in any case, express an opinion about a jury’s decision.
Does anyone think Biden followed the case carefully, or watched it unfold? His comment is a deliberate pander to the worst of the Democratic base, and does as much to encourage violence as anything Trump said after the election.
Moreover, Biden is personally responsible for much of the confusion and anger over the case, having twice called Rittenhouse, falsely, a “white supremacist.”
Then he has the gall to say that he promised to “bring Americans together” after he deliberately enabled the race-baiters in Kenosha, and that he believes that every American is treated equally, with fairness and dignity, after he poisoned public opinion against Rittenhouse.
Biden’s not just a weak and addled President. He’s a two-faced, mean-spirited creep.
The rest of the Rittenhouse Rogues Gallery members who can be comfortably designated as Ethics Villains:
No, this wasn’t Fox spin…this was the main theme of the hearings.
Yesterday’s House hearing featuring Attorney General Barr was a new low in partisan grandstanding in Congressional hearings, which by itself is astounding. That condition has made many hearings unwatchable and embarrassing for a very long time, and during the Trump administration, in fiascos like Justice Kavanaugh’s hearing, the spectacle scarred the image of representative democracy itself. I tried to watch the recording of Barr’s hearing, and was shocked—shocked that the Democrats have become so uninterested in presenting even the illusion of fairness, shocked at the inability of the committee’s repulsive chairman, Rep. Nadler, to restrain his hateful demeanor. I cannot imagine an uglier image of the legislative branch. The transcript excerpts—I’m still waiting for the whole thing— were little easier to take. A little.
Among my Facebook friends, one particularly, a former D.C. journalist, is certifiably Trump Deranged. He literally is unable to go a day without posting a Charles Blow op-ed or the equivalent, or “Look at the horrible thing Trump tweeted!” message to go with pictures of his meals. His Facebook page is a nest of anti-Trump crazies—they flock there like addicts would head for a crack house. Yet in the middle of the Barr hearing, HE wrote, “Why won’t the Democrats give Barr a chance to speak?”
“I know your story,” one of the more infamously dim-bulb Congressmen, Representative Hank Johnson of Georgia told Barr, interrupting him before he could complete a thought. “I’m telling my story. That’s what I’m here to do,” Barr replied.
Representative Jim Jordan of Ohio, the committtee’s ranking Republican, protested, “For months you have tried to get the attorney general to come, He is here. Why don’t you let him speak?” Continue reading →
“The question is not whether the President’s conduct could have resulted from permissible motives. It is whether the President’s real reasons, the ones in his mind at the time, were legitimate. Where the House discovers persuasive evidence of corrupt wrongdoing, it is entitled to rely upon that evidence to impeach.”
Such an attitude and approach is smoking gun evidence of a rogue process. The President, of course, has not been interviewed, questioned or cross examined. His “real reasons” can only be a matter of speculation, based on the confirmation biases of his prosecutors. In ethics, motives just confuse the issue, because all human actions have complex and interacting motives. In law, malum in re, that is, objectively bad intent, often defines a crime (such as murder), but a legal action does not become illegal because the actor has some wrongful intentions, just as an illegal action doesn’t become legal because the malefactor meant well. For leaders, those who deal in power, distinguishing between rightful and wrongful acts based on motives is particularly difficult, if not impossible.
I suppose Nadler should be praised for candor, but the state of mind of Trump’s inquisitors could not be less trustworthy or more irresponsible. They believe the President to be corrupt, thus they interpret conduct by him which literally any other President could have (and has) engaged in without criticism or condemnation (except on a policy prudence basis) as impeachable. This has been the presumption from the beginning of his Presidency. No leader can function properly in such an environment….which was the idea. Continue reading →
During last week’s impeachment hearings, Democratic Judiciary Counsel Norman Eisen (above, on the left) presented a video clip showing President Trump saying: “Then I have an Article II, where I have the right to do whatever I want as President.” Asked to comment on the video, Harvard Law School Professor Noah Feldman—you know, he’s the one who falsely told the committee and America that Nixon “sent burglars” to steal documents from the Democratic National Committee’s headquarters in 1972. That guy— replied, “As someone who cares about the Constitution,” the statement “struck a kind of horror in me.”
Jerry Nadler, Chairman of the House Judiciary Committee, referenced the same quotation as it was heard in the clip , concluding that President Trump “believes that in his own words, ‘I can do whatever I want.’” House Speaker Nancy Pelosi (D-Calif.) was referencing the same video when she said Thursday that Trump threatened the Constitution by acting as a “king.”
Later in the week, CNN legal analyst Elie Honig twice cited the same clip. So did MSNBC’s Chris Mathews during “Hardball,” and MSNBC host Joe Scarborough on “Morning Joe.” The Washington Post spread the same report about the video.
1. Quote of the Day: David Bernstein on Instapundit: “What do you call a candidate pool with too women, a gay man, a jew, a half-Jew, and a Catholic? If you’ve drank a certain type of Kool-Aid, you can this “not diverse”–even though there has been only one Catholic president, and no gay, Jewish, or woman presidents. The obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.”
Well, of course the problem is “white”: the Democratic party has been demonizing whites for years, and anti-white bigotry is accepted and even cheered. I also disagree that the “obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.” I can think of worse features, but it’s certainly a bad one.
Her lament fits squarely into Big Lie #5 (“Everything is terrible.”) What is amusing and telling is that even though Salon’s readership is as hard left as the site, virtually every comment on her piece is negative. Here is the first one to come up, but the rest pretty much echo it:
Summary: The author is an atheist who doesn’t even believe in the central premise of Christmas, doesn’t have a great relationship with her family, and never really put forward an effort to celebrate the holiday in the past, but somehow Trump has ruined Christmas. She still likes Thanksgiving, however, because it has fewer cultural attachments.
Reaction: How in the world something this mind-bendingly stupid managed to get published by a major company is beyond me, and it’s an example of how the fanatical left has adopted a rhetoric of self-perpetuating trauma around this presidency. “How dare you vote for Trump because it makes me sad! Yes, linoleum makes me sad too, but especially Trump!” It is as if, somehow, they consider the rest of the country responsible for making sure that no part of their eggshell-tranquility is maintained, regardless of the fact that their fragility is entirely of their own making. News flash: No one cares.
I don’t care: Whenever I get up on Saturday, it’s morning to me.
1. Those fake recordings...I have almost gotten used to the fake versions of famous songs an by iconic artists that show up as background in TV shows and movies, but I still resent them. They are lies, in essence, designed to fool less discriminating and knowledgeable audience members. Many people aren’t even aware of the practice, which is virtually routine, of long-standing, and considered standard practice. A friend of mine , a musician/ actor with a gift for mimicry, once explained the whole industry supported by these frauds, which exist because it is cheaper to record a faux version of a famous recording than to pay to use the real thing in a movie.
For some reason, however, the last 24 hours forced me to hear some unusually obnoxious examples. I just heard fake Roy Orbison, for instance. Nobody sounds like Roy Orbison. I heard fake versions of The Platters’ immortal and inimitable Tony Williams twice, and that really ticks me off. Williams, whose rendition of “Only You” may be my favorite male vocal ever, had a freak voice, and younger listeners who hear inferior versions of his “Twilight Time,” “The Great Pretender,” and “Smoke Gets in Your Eyes” are tragically misled. It is an insult to Williams’ memory and legacy to represent through deceptive imitations that he wasn’t as great as he really was.
Anytime you hear a song playing behind a scene, listen closely. I just heard Fake Any Williams, a really bad imitation. Interestingly, I have noticed that there are some departed artists that nobody dares to imitate. Bing Crosby, for example, is always the real Bing (although I have heard several fake Frank Sinatras). They don’t try to fool anyone with fake Judy Garlands, either; I haven’t heard a fake Freddie Mercury, and hope I never do. But it’s unethical to fake anyone without being transparent about it..
Especially Tony Williams.
2. Still looking for some partners…in the Ethics Alarms Impeachment Project. I have now heard from three volunteers, and I’m grateful…a few more would be ideal. Of course, when and if the website gets published, I expect it will be easier to interest active participants.
The idea is to provide an easily accessible way for “low-information voters” and others to follow this dangerous and depressing drama while having access to the essential materials, facts, context and legitimate analysis without being confused by spin, selective reporting, misinformation and partisan agendas. Here’s an example of information that is relevant to the Democratic impeachment efforts that has hardly been reported at all, because the news media overwhelmingly wants to see the President of The United States impeached, and has made that objective clear to most objective observers for more than three years.
Six months ago, the NY Daily News revealed that Congressman Jerrold Nadler (D-NY)received at least $65,000 in campaign donations “from the music industry and other intellectual property businesses that he oversees as chairman of the House Judiciary Committee.” That was the end of the story; even the Daily News never followed up. Nadler also spent about $30K to host a Grammy Awards gala in LA in February during the Grammy Awards, giving him access to music executives for more campaign donations. Those execs, meanwhile, had their companies pony up $5,000 a ticket to attend the party. This is influence peddling, of course. It’s legal, because Congress won’t criminalize sleazy politics. TechDirt called it soft corruption:
“These are the kinds of practices that are most likely legal, and possibly even common among the political class, but which absolutely stink of corruption to the average American. And that’s a huge problem, not just because of the general ethical questions raised by such soft corruption, but because it creates a cynical American public that does not trust politicians to adequately represent their interests.”
Nadler’s conduct is relevant to the impeachment efforts because it reveals the hypocrisy behind Democratic efforts to impeach President Trump for political practices that are neither illegal nor unusual while making pious pronouncements that belie their own behavior. The purely political assault on the 2016 Presidential election results is obscured by the media’s efforts to hide the true character and motives of the President’s foes, including the journalists and editors themselves.
3. Here’s another example...My New York Times this morning is dominated by yellow-highlighted text messages between the Ukraine’s ambassador with U.S. Ambassador Volker, and a two-column width headline, “Another Official Considers Filing a Report On Ukraine.” When have you ever seen front page news about an anonymous figure “considering” something? That’s not fact, that’s not news, it is entirely prejudicial spin intended to create distrust and suspicion.
Meanwhile, the Times could have made legitimately made the front page stories about last week’s Congressional testimony from Ambassador Kurt Volker, who served for two years as the top U.S. diplomatic envoy to Ukraine, which directly contradicts the pro-impeachment narrative . He testified, under oath, that he was never aware of and never took part in any effort to push the Ukrainian government to investigate former Vice President Joe Biden or his son Hunter, and stressed that the interactions between Giuliani and Ukrainian officials were facilitated not to find “dirt” on Biden, but to address concerns that the incoming Ukrainian government would not be able to get a handle on corruption within the country. The Federalist obtained the full transcript of the testimony, which certainly could have been revealed by the Times as well, if it wanted to.
More later-––I have a terrible headache that has lingered for two days, and I can’t tell if it’s this crap or a brain tumor. Coffee, Tylenol, and the Twins beating the Yankees should help.
Random Observations on the Mueller testimony and aftermath:
Observing the desperate spin offered by frustrated “resistance” members, desperate Democrats and social media Trump-Haters has been almost as revealing as Mueller’s performance. The most positive takeaway they could muster is that Mueller clearly said that his investigation didn’t exonerate the President. That’s meaningless. It is not a prosecutor’s job to exonerate anybody, ever. An investigation’s goal is to determine whether there is probable cause to determine that a crime or crimes have been committed, not to prove anyone’s innocence. The hearts of the impeachment mob leaped for joy briefly during the morning hearing of the Judiciary Committee when Mueller answered “yes” to Rep. Ted Lieu’s (D–Calif.) question whether he had declined to indict Trump because of an existing Department of Justice Office of Legal Counsel (OLC) opinion stating that a sitting president couldn’t be charged with a crime. Ah-HA! Mueller had found evidence of illegal activity committed by the President and was only prevented from indicting him by Justice Department policy! Start those impeachment hearings!
Never mind. In the afternoon hearing before the House Intelligence Committee, reversed himself, saying that that OLC opinion prevented him from making any determination, period, of Trump’s culpability in obstructing justice. “As we say in the report, and as I said in the opening, we did not reach a determination as to whether the president committed a crime,” Mueller told the Committee after specifically referencing the Lieu exchange.
“I want to go back to one thing that was said this morning by Mr. Lieu, who said, and I quote, ‘you didn’t charge the president because of the OLC opinion.’ That is not the correct way to say it,” Mueller said.
This did not prevent journalists, pundits and my Facebook friends from ignoring the second statement so they could falsely promote the first. “They got him to confirm that he didn’t make a charge because of the Justice Department memo,” said “Meet the Press’s” Chuck Todd in an NBC panel. No, they didn’t. That’s a direct lie, as well as fake news.
The contention that Mueller was only a convenient figurehead for what was designed as a partisan hit job was made more credible by Mueller’s confusion. Mueller’s chief deputy, the infamously over-zealous, partisan and controversial prosecutor Andrew Weissmann, headed a group of mostly left-leaning investigators. Complaints about the apparent rigged nature of the investigation were met by reminders of Mueller’s party affiliation and reputation for fairness and rectitude. That defense was left in the dust.
Now the anti-Trump tenor of the report no longer suggests the objective conclusions of a political neutral, but the partisan bias of prosecutors with an agenda.
Mueller’s weakness also suggests an answer to the persistent question of why the investigation appeared to be so incompetently managed, as with, for example, the involvement of Peter Strzok.
It didn’t appear that Mueller was capable of competent oversight, or even paying attention.
The most damaging and disturbing Mueller answer by far was when he was asked about Fusion GPS, which hired Christopher Steele to compile the infamous Russian-sourced ‘dossier’ against Trump. Mueller said that he was ‘not familiar‘ with it. KABOOM! How is this even possible, unless Weissman and the other anti-Trump Jauberts on his team kept the old man locked in a closet somewhere? The involvement of the Steele dossier undercut the legitimacy of his investigation, and the investigation’s leader was that uninformed about its origins? Was this wilful ignorance? Blatant incompetence?
Finally, how could the investigators and Mueller justify following bread crumbs that led to indictments of various Trump administration and campaign figures for crimes unrelated to the subject of the investigation, but be oblivious to the strong indications of wrongdoing—the FBI’s FISA fraud, the conflicts of interest, the surveillance of Carter Page—related to the investigation itself?
In another ridiculous addition to the Ethics Alarms, “Nah, there’s no mainstream media bias!” files—at this point, I cannot maintain any respect for the intelligence and/or integrity of anyone who denies the obvious partisan bias of CNN, MSNBC, and the major networks—I watched CNN for over 30 minutes this morning to see how they would cover the hearings. Over at Fox News, of course, Mueller’s disturbing demeanor was being dissected in detail. The “Fox and Friends” blonde of the day said, sympathetically, that she would be “praying for him and his family,” since something is definitely seriously wrong.
At CNN, however, there was just a crawl representing Mueller’s testimony as straightforward, sticking to the report, and, of course, emphasizing the “no exoneration” statement and his answer to Lieu, retracted though it was. CNN showed no video of Mueller from either hearing, and its panels all focused exclusively on “where the Democrats go from here.”
Incredible. (Can something be simultaneously incredible and unsurprising?)The big news from the hearings, what those who didn’t have the time or stamina to watch them needed to know, was unquestionably Mueller’s frightening lack of preparation, clarity, or knowledge of the report he had signed and the investigation he had supposedly overseen, and how this undermined the report’s legitimacy, especially as an anti-Trump document. Not only did he fail to give Democrats more ammunition for their coup as they clearly hoped it would, he undermined the credibility of the entire report.
Spin is one thing; intentionally hiding what occurred to make spin easier is something very different, and a major breach of journalism honesty and integrity.
Mueller’s repeated concern during his testimony regarding Russian interference in our elections, past and future, is being largely ignored by CNN and the rest because it directly points the finger of accountability to Barack Obama. The Mueller report states that Russia began interfering in American democracy in 2014, with the operation becoming full-blown during the 2016 presidential election. The Obama administration knew this was going on, and took no discernible action. In 2016, Obama’s National Security Adviser Susan Rice told her staff to “stand down” and “knock it off” as they drew up plans to “strike back” against the Russians, according to Michael Isikoff and David Corn in their book “Russian Roulette: The Inside Story of Putin’s War on America and the Election of Donald Trump.”
Yet I continue to read attacks on Trump because he didn’t take adequate steps to foil the Russians,
Where is the accountability? House Judiciary Chairman Jerry Nadler had said over the weekend that Mueller’s report showed “very substantial evidence” that President Donald Trump is “guilty of high crimes and misdemeanors” — an impeachable offense. “We have to … let Mueller present those facts to the American people, and then see where we go from there, because the administration must be held accountable,” Nadler, said on “Fox News Sunday.” Yet Mueller’s testimony, orchestrated by Nadler, confirmed none of this. Nadler was intentionally misleading the American public.
The next morning was going to be a crucial one, but not exactly “good”…
Good Morning!
1. How to expose a demagogue. Senator Elizabeth Warren is near the bottom of my ethics rankings of the various Democratic Presidential candidates, and not just because of the way she handled her crisis of color. She’s a pure demagogue, and a particularly dangerous one, as she is a stirring speaker and apparently shameless.
It takes clarity of thought and rhetoric to expose demagogues, especially Warren’s breed, which carry the trappings of authority—after all, she’s a Harvard professor, so she must be smart (or so those who did not attend Harvard seem to think.) The President’s favored tactic of name-calling is of limited value for this purpose, but Rep. Dan Crenshaw, the veteran mocked by Saturday Night Live because of his war wounds, is providing an ongoing seminar on how to expose Warren’s dishonesty.
When Warren tweeted this high-sounding sentiment…
…Rep. Crenshaw zeroed in on its deception.
Note also the gently mocking imitation of Warren’s flip use of “thing,” so much more rhetorically effective than calling her “Pocahontas.”
Here is how Crenshaw eviscerated another typical bit of Warren pandering…
Then there was this expert take-down….when Warren grandstanded with this…
Crenshaw pointed out exactly what was wrong with it…
Why, yes, that’s exactly what it is.
2. Censorship and keeping the truth from the public is not ethical, nor is it a legitimate way to address problems in a democracy.Continue reading →