rule of law

Disqualified For High Office: Senator Ted Cruz (R-Tx)

/ Jack Marshall / 52 Comments
See, Ted, it's crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Never mind. Just stay in the Senate, and you can say stupid things you don't believe with minimal harm.

See, Ted, it’s crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Oh, never mind. Just stay in the Senate, and you can say stupid things you don’t believe with minimal harm. Deal?

Eventually, I may have to post a full list of the current Presidential candidates who have definitively disqualified themselves, by evidence of character, integrity, honesty, temperament, trustworthiness, leadership ability  and core values (or, in the cases of Hillary Clinton and Donald Trump, the absence of them), from the very office they seek. Frankly, I’m afraid that no one will be left.

Senator Ted Cruz’s recent statement about Kim Davis, the now correctly jailed Kentucky clerk who cites God’s authority to justify defying the law, is so irresponsible, dishonest and cynical that he has to be moved to the top of the list.

Here it is. My comments are in bold.

“Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America…

This is a lie, and a gross mischaracterization of the facts. Kim Davis can live and worship any way she chooses. She objects to same sex marriage, and she may refuse to associate with gay married couples, refuse to attend gay weddings, make whatever statements opposing gay marriage she chooses, picket gay weddings, lobby for a Constitutional amendment and more.

What she cannot do is refuse to perform the duties of her office, and withhold from citizens the government services they have a right to receive because of her religious beliefs. It is beyond legitimate question in law and ethics that she does not have the right to do this. She has been arrested for defying a court order and being in open contempt of legal judicial authority. This is not unprecedented, this is America, and must be America if democracy and rule of law is to function. Continue reading →

Now A Judge Is Punishing Innocent Citizens Because He Doesn’t Like Gay Marriage

/ Jack Marshall / 30 Comments

atherton

Meet Hamilton County (Tennessee) Chancellor Jeffrey Atherton, a local judge who is throwing a high-profile tantrum to show that he doesn’t agree with the U. S. Supreme Court’s same-sex marriage decision. Atherton denied a divorce petition last week, but not really because of the case at hand.. After hearing from seven witnesses and going through 77 exhibits, he rejected the requested divorce by Thomas Bumgardner and his wife, Pamela, stating that the Supreme Court’s ruling declaring gay marriages a right destroyed Tennessee’s ability to determine what constitutes marriage or divorce.

No, it doesn’t make sense.

 

Atherton said the Supreme Court must clarify “when a marriage is no longer a marriage”  and until it does, Tennessee courts are unable to handle  marriage and divorce litigation.  “The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces,” Atherton wrote.

 Or the short version: “I am an asshole with power!”
Continue reading →

Unethical Quote of the Week: Kim Davis

/ Jack Marshall / 132 Comments

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”

—-Kim Davis, Rowan County Kentucky Clerk  and hero of the addled, who has been making an ass out of herself while inconveniencing and insulting citizens of the State of Kentucky who only wish to get a marriage license, as is their right, in an official statement today released by her lawyers.

Stop in the name of arrogance and ignorance!

Stop in the name of arrogance and ignorance!

The U.S. Supreme Court declined to extend a temporary stay of a federal court order directing Davis to stop grandstanding, do her job and issue marriage licenses to a same-sex couples. One of the couples that Davis sought to deny the equal protection of law sued her, hence the order.   Davis’s lawyers, who have been giving her lousy advice, appealed  that order to the Court of Appeals, which stayed the lower court order until August 31. Now the stay of the order is no longer in effect, she’s out of even semi-rational options, and the courts are out of patience.

Davis, expressing certainty regarding her gross misinterpretation of law, religion, the Bible, and what it means to have a job, embraces a version of the Rule of Law that would lead directly to a theocracy. She is doing more damage to Christianity by her high profile idiocy than any gay couple possibly could. Continue reading →

“You Know I Can’t Hear You With All Those Ethics Alarms Ringing”: Hillary Clinton’s CNN Interview

/ Jack Marshall / 44 Comments

Hillary_Clinton_2016

The frightening thing—it should frighten Democrats more than anyone, but if they have let Hillary get this far, they may be beyond frightening—is that Hillary Clinton had a long time to prep for this interview—her first substantive one since announcing her candidacy, about five or six scandals ago—had a hand-picked, friendly interviewer, was not pressed to clarify any of her non-answers, obfuscations or incomprehensible blather, and she still came off looking defensive, evasive, and basically like Tommy Flanagan in drag.

Ethics Alarms were ringing so loudly that the interview was almost inaudible. My observations in bold….

BRIANNA KEILAR, CNN SR. WHITE HOUSE CORRESPONDENT:  Secretary Clinton, thank you so much for talking to us today.  You’re here in Iowa for a couple of events.  You’re the front-runner in this state but we’re also seeing Bernie Sanders attract a lot of attention.  He has had big crowds here, 10,000 people in Wisconsin last week, 7,500 people in Maine last night. Why is it, do you think, that someone who is a self-described Democratic socialist is really attracting this organic interest that your campaign seems to be struggling a little bit with?

HILLARY CLINTON, FORMER SECRETARY OF STATE:  Well, first of all, I always thought this would be a competitive race.  So I am happy to have a chance to get out and run my campaign as I see fit and let other candidates do exactly the same.

Non-responsive. Also a lie: Clinton has always assumed she could get the nomination by just showing up.

I feel very good about where we are in Iowa.  We are signing up thousands of volunteers, people committed to caucus for us.  We have a committed supporter in every one of the 1,600 precincts.  And one of the things that I learned last time is it’s organize, organize, organize.  And you’ve got to get people committed.  And then they will follow through and then you bring more people.

Non-responsive.

So I feel very good about where my campaign is.  It’ll be three months and a few days that we’ve been at this.  I think I’ve learned a lot from listening to people in Iowa.  And it’s actually affected what I say and what I talk about on the campaign trail.

Non-responsive.

So I couldn’t be happier about my campaign.

Non-responsive. Pretending to open yourself to a candid question and answer session and then refusing to answer the very first question while pretending you did: Dishonest. Disrespectful.

KEILAR:  Senator Sanders  has talked about how, if he’s president, he would raise taxes.  In fact, he said to CNN’s Jake Tapper, he would raise them substantially higher than they are today, on big corporations, on wealthy Americans. Would you?

CLINTON:  I will be laying out my own economic policies.  Again, everybody has to run his or her own campaign.  And I’m going to be telling the American people what propose and how I think it will work and then we’ll let voters make up their minds.

“I refuse to answer on the grounds that I might incriminate myself actually let voters know what I stand for. After all, I’m a vagina. That’s what really matters.”

KEILAR:  Is raising taxes on the table?

CLINTON:  I’m going to put out my policies and I’ll other people speak to their policies because I think we have to both grow the economy faster and fairer so we have to do what will actually work in the short term, the medium term and the long term.  I will be making a speech about my economic proposals on Monday.  And then I look forward to the debate about them.

If Clinton made a speech Monday (July 7) about specific economic proposals, she did it in her closet, because all anyone actually heard was this.

KEILAR:  I’m wondering if you can address a vulnerability that we’ve seen you dealing with recently.  We see in our recent poll that nearly six in 10 Americans say they don’t believe that you’re honest and trustworthy. Do you understand why they feel that way?

CLINTON:  Well, I think when you are subjected to the kind of constant barrage of attacks that are largely fomented by and coming from the Right and –

The vast right wing conspiracy again! Ironic, because one very good reason people shouldn’t, and  many sane people actually do not, trust Hillary is when she made teh same accusation on the Today Show to Matt Lauer, claiming that the Monica Lewinsky scandal had been “largely fomented by and coming from the Right,” when in fact she knew otherwise and was lying for her husband.

KEILAR:  But do you bear any responsibility for that?

CLINTON:  – well, I – you know, I can only tell you that I was elected twice in New York against the same kind of onslaught.

“I got away with it before, didn’t I?” Continue reading →

This Is NBC: With All The Ethical Reasons To Fire Donald Trump, It Picks An Unethical One

/ Jack Marshall / 19 Comments
Dignity...always dignity.

Dignity…always dignity.

It has happened here with Bill Clinton, Bristol Palin, and many others: this is the downside of running a website committed to fairness. I have had to come to the defense of some very unethical people through the years, but I can’t think of anyone I detest defending more than Donald Trump.

From the AP:

“NBC said Monday that it is ending its business relationship with mogul and GOP presidential candidate Donald Trump because of comments he made about Mexican immigrants during the announcement of his campaign.”

Let me count the lies:

1. Anyone, including AP, who believes this is why NBC fired Trump is too gullible to function in society. He was fired because Mexico, Univision and illegal immigration advocates were threatening to make NBC’s life miserable. If what Trump said mattered to NBC, NBC would have fired him shortly after he said it.

2. Trump said nothing about Mexican immigrants. His much-maligned quote discussed illegal immigrants from Mexico “bringing drugs, they’re bringing crime, they’re rapists and some, I assume, are good people.”  The unethical and dishonest effort by the news media to confuse the immigration issue and the crucial, material distinction between legal immigrants, whom the nation should welcome, and illegal immigrants, which it should not and must not, is more harmful than anything Trump has said on the topic.

3. The statement is deceitfully phrased to represent what Trump said as a slur on Mexicans, as a racist statement. Trump was talking about, in his typically lazy, crude fashion, our national problem of  unchecked illegals streaming across the Southern border, and the undeniable fact that this group includes criminals and rapists (like here, here, here…how many examples do you want?), as well as “good people.” Trump obviously wasn’t claiming that all illegal immigrants were criminals and rapists, because that would mean that some of the criminals and rapists would also have to be “good people.” But Mexico, which counts on us to solve their social problems for it, and illegal alien activists, who don’t want Americans to know that many of those sneaking into our country are not the salt of the earth, but quite the opposite, have successfully imposed a political correctness embargo on speaking the unpleasant truth.

Now on to the hypocrisy. NBC firing Trump is not just a little like, but almost EXACTLY THE SAME AS A&E firing Duck Dynasty’s scion Phil Robertson for public statements that were completely consistent with the reality star’s persona as A&E understood from the moment it inked a contract with him. The same is true of Trump’s trademark bluntness. The one difference: Robertson’s homophobic statements were blunt and ignorant, while Trumps statements about illegal immigrant were blunt and true. Continue reading →

Unethical Words And Actions Have Consequences Dept.: The Baltimore Shooting Spree

/ Jack Marshall / 21 Comments

baltimore-police-attacks

Since the Freddie Gray incident, Baltimore’s murder and criminal violence rate has climbed to record-setting levels, with over a hundred shooting deaths in the city this year. The Charm City’s police reported that 28 people were shot, and 9 of them killed, over the Memorial Day weekend alone.

Speaking to CNN anonymously, a Baltimore police officer attributed the spike to police officers in his city no longer doing their job proactively. This wasn’t a slowdown, he said, just low-risk policing, and the criminals are taking full advantage.

This seems extremely likely, and I would expect that the same phenomenon will take hold in other city police forces unless national leadership takes steps to…oh, what am I talking about? That’s not going to happen.

President Obama and Eric Holder’s racialized Justice Department planted the seeds of this with their irresponsible response to the Trayvon Martin and Mike Brown shootings, and those responses were modeled by a biased, unethical and politically ambitious state’s attorney in the Freddie Gray death. The war on police officers by African-American activists, Democrats and the Left was bound to have the result we are now seeing in Baltimore. Either the opportunistic pols, pundits and race-baiters wanted this, or they were too focused on gaining a political edge to foresee it. Now they are reaping what they have sown, and we should not allow them to deny accountability.

Why would any police officer engage in proactive policing when an unexpected turn of events, a resisting suspect or a single mistake in judgment under pressure will trigger protests and prejudging by mobs and the media, resulting in show trials ordered by cowardly prosecutors regardless of the evidence? It is a no-win situation for police, with personally, financially and professionally catastrophic consequences to an individual cop who ends up in the maw of one of these public lynchings. I expect that the next shoe in the process of dropping will be a sharp reduction in police recruits, except of the type that departments use at their peril.

There is no reason for any sane or intelligent individual to subject themselves to working conditions like this, where a disproportionate number of criminals and suspects he or she is going to encounter are African American, and any negative consequences to one of them under ambiguous circumstances will be attributed to racism, bias, homicidal tendencies or hate. We are going to end up with police forces made up entirely of insane or stupid cops.

CNN’s Carol Costello interviewed an African American community activist from Baltimore and asked the question I just did. His answer was a defiant “Because it’s their job!” Wrong. The job was not accepted with the risk of being thrown to the dogs by the Justice Department, state and local officials as an agreed-upon condition of employment. Police must be able to assume, as they once could, that the city, state and national leadership will support them and be reasonable regarding the occasional tragedies that the nature of the job will inevitably entail. Now they clearly cannot.

Had the pendulum swung too far to giving police the benefit of the doubt in every instance? Absolutely. Where the pendulum is swinging now, however, will result in urban chaos. That chaos, ironically, will fall most heavily on African American. Continue reading →

Unethical Quote Of The Week: Washington Post Columnist Eugene Robinson

/ Jack Marshall / 36 Comments

“The first two steps toward uplifting young black men are simple: Stop killing them and stop locking them in prison for nonviolent offenses. Subsequent steps are harder, but no real progress can be made until the basic right to life and liberty is secured. If anything positive is to come of Freddie Gray’s death and the Baltimore rioting that ensued, let it be a new and clear-eyed focus on these fundamental issues of daily life for millions of Americans.”

—Washington Post Columnist Eugene Robinson, in an op-ed called “It’s time to seriously rethink ‘zero tolerance’ policing.”

"Honoring Excellence in Journalism, and the occasional incompetent hack..."

“Honoring Excellence in Journalism, and the occasional incompetent hack…”

Seldom have I read a column by a prominent pundit that so disqualified itself from serious consideration by the utter foolishness of its first sentence. Robinson has a right to say any silly thing he chooses, but as a columnist for a major newspaper, he has an obligation to use his extra-loud trumpet responsibly, because ideas have power, and really, really stupid ideas do terrible damage when supposedly smart and influential “experts” begin promoting them.

Robinson has a Pulitzer Prize, not that I have ever seen evidence of why. A paragraph like this one, however, ought to be grounds for revocation. It is Pulitzer Prize-winner malpractice. I know that Robinson is an African-American and a Democratic Party cheer-leader, right or wrong, and feels like he has to jump on board whatever pandering policy bandwagons the Democratic standard bearers start driving whether they make any sense or not.  But there have to be limits. All right, let’s debate non-confinement punishments for drug offenses, since apparently a disproportional number of  African-Americans find simply obeying  laws unfairly challenging. It is certainly not healthy for any society to have an already under-performing demographic group suffering from a critical mass of life, career and family disruption.

To say, however, as Robinson does, that the “easy” part of the solution is to “stop locking them in prison for nonviolent offenses” is irresponsible beyond belief or excuse. Non-violent drug offenses? I’ll tolerate the debate. All non-violent offenses? Burglary,  grand theft, forgery, drunk driving, fraud, identify theft…no prison time? What, then? Or do we just legalize those things? Continue reading →

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

/ Jack Marshall / 72 Comments
"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, where Hillary Clinton spoke yesterday. Students told reporters that the Secret Service locked them in their classrooms as the Democratic presidential candidate arrived. Continue reading →

The Legal Profession’s Failure Of Professionalism Regarding Gay Marriage

/ Jack Marshall / 22 Comments

blind_justice

Charles Green helpfully sent me the link to today’s New York Times piece documenting how…

“the imbalance in legal firepower in the same-sex marriage cases resulted from a conviction among many lawyers that opposition to such unions is bigotry akin to racism. But there were economic calculations, too. Law firms that defend traditional marriage may lose clients and find themselves at a disadvantage in hiring new lawyers.”

“Am I right that something’s quite amiss here?” he asks. Indeed he is, and I’ve touched on it before.

There are several factors at work here, but the result is deplorable, and indictment of the corrupt values of the legal profession. One of the factors is bias, and it is a bias that the lawyers themselves are either unaware of,  or are unwilling to avoid its effects as their professional codes of ethics require.

The majority of high-powered lawyers hail from urban centers where liberal culture flourishes among the wealthy, the powerful and the influential. These are cosmopolitan lawyers, sophisticated and urbane, who have gay colleagues, gay friends and gay children. They are less likely to be religious, and more likely to have contempt for those who are. Combine with them the legal academics who drive consensus on legal ethics matters—like most academics, they have marinated in the extreme leftist attitudes of U.S. academia—and it becomes clear why, as Michael W. McConnell, a former federal appeals court judge who teaches law at Stanford, tells the Times, “The level of sheer desire to crush dissent is pretty unprecedented.”

I noticed this in 2011, when the legal ethicists I follow, know and debate with decreed virtually en masse that a judge who was not only gay himself but in a long term domestic relationship with his partner had no ethical obligation to recuse himself before he issued the decision on the constitutionality of California’s anti-same sex marriage Proposition 8. Nor did they feel he was ethically obligated to disclose his situation before ruling. I wrote: Continue reading →

Deval Patrick’s Indefensible, Terrifying Admission

/ Jack Marshall / 21 Comments
Welcome to my nightmare...

Welcome to my nightmare…

It is 4:30 AM. I can’t sleep, and among the reasons are not, as you might think, the fact that my father died five years ago today and I miss him terribly, or that this is my birthday, and I am that much closer to my own death. No, the cause for my tossing in bed is that I read  Massachusetts Governor Deval Patrick’s comments on “Meet the Press” about the Michael Brown shooting (yes, those eleven Ferguson posts still weren’t enough) just before retiring, and they have been giving me nightmares.

What Patrick’s remarks suggest to me  is that this incident is quite literally driving Democrats, civil rights activists and African-Americans crazy, causing them to lose their grip on basic principles of ethics and democracy. Here is what Patrick said, in part, in his interview with Chuck Todd, who, incompetently, did not ask properly probing questions in response (falling over in a dead faint would have also been appropriate):

“Look, without knowing all the facts, of course I wanted to see an indictment. And mostly because I think a trial and the transparency of a trial would be good for the community. And because so many of us have the supposition that police officers are not going to be held accountable and not going to have to answer for the shooting of unarmed, young, black teenagers.”

I challenge any civil libertarian to defend this statement. Continue reading →