Fairness to Elizabeth Warren

Yes, even the 2020 Presidential race’s worst panderer and #1 demagogue deserves the same leave as any other lawyer, which is not to be held responsible for her client’s views and deeds. Every lawyer who ever runs for office or who comes within the cross-hairs of unethical pundits faces these attacks, which I have written about here repeatedly and pledged to address any time they come to my attention.Elizabeth Warren’s Days Defending Big Corporations” warns the Times, hinting at hypocrisy by noting,

“Ms. Warren has ascended toward the head of the Democratic presidential pack on the strength of her populist appeal and progressive plans, which include breaking up big technology companies, free public college and a wealth tax on the richest Americans…Against that backdrop, some of Ms. Warren’s critics have seized upon her bankruptcy work for LTV and other big corporations to question the depth of her progressive bona fides. How, they wonder, could someone whose reputation is built on consumer advocacy have represented a company seeking to avoid paying for retired miners’ health care?

Here’s how: a lawyer’s personal convictions, values and beliefs are completely irrelevant to her clients or choice of clients. Those who think otherwise don’t understand legal ethics, or lawyers, or their function in society. For the heaven-knows-how many-teenth time, here is critical Rule 1.2 b of the ABA Rules of Professional Conduct: Continue reading

Ten Observations On Democratic Candidates Debate 2A, Part 2

Part 1 is here.

The transcript is here.

4. Asshole comment of the night: Pete Buttigieg saying that we have to ask how Donald Trump even got “within cheating distance of the Presidency.” The Democrats still refuse to admit that the election of the President was legitimate, without any evidence whatsoever. I don’t care who they are running for, the White House or mayor of East Podunk. I am not forgiving or trusting such a party until they recant, or are properly punished.

5. Do these people realize how ridiculous and irresponsible they sound regarding climate change? Beto O’Rourke: “I listen to scientists on this, and they are very clear. We don’t have more than 10 years to get this right.” Mayor Pete Buttigieg: “Science tells us we have 12 years before we reach the horizon of catastrophe when it comes to our climate.” How many times does the boy have to cry wolf before people catch on?

And, incredibly, there was support expressed by the two top demagogues on the stage for the absurd and totalitarian “Green New Deal.” Warren  (who proved her intellectual dishonesty and lack of integrity by co-sponsoring the Green New Deal bill, though it wasn’t worthy of a sixth grade science student, much less a Harvard professor): “Climate crisis is the existential crisis for our world. It puts every living thing on this planet at risk.”  Classic fact-free fear-mongering. Absolutely no scientist has suggested that “every living thing” is as risk even with the most dire climate chance models. As I have noted before regarding Warren, she deliberately tries to exploit public ignorance, and asserts things that we know she knows are not true. How can anyone support someone like that?

Then comes Bernie Sanders: “We can create what the Green New Deal is about. It’s a bold idea. We can create millions of good-paying jobs. We can rebuild communities in rural America that have been devastated. So we are not anti-worker. We are going to provide and make sure that those workers have a transition, new jobs, healthcare and education.”

The crypto-communist knows that what the Green New Deal is all about is, as Ocasio-Cortez’s guru, Saikat Chakrabarti, explained to the Washington Post,  the  Green New Deal isn’t “a climate thing at all,” but a stealth “how-do-you-change-the-entire-economy thing.,” and, necessarily, a put government’s iron boot down on personal liberty thing, though neither Bernie, Liz, Saikat or the other aspiring totalitarians in the party will say so out loud.

6. When moderator Jake Tapper asked “whether the middle class should pay higher taxes in exchange for universal coverage and the elimination of insurance premiums,” Sanders rebuked him for using “a Republican talking point.” Thus was born a new progressive dodge. The next night’s debate participants quickly took up the task of distorting yet another term to make honest debate more difficult.  My favorite was Julian Castro’s “Open borders is a right-wing talking point.” Continue reading

Ten Observations On Democratic Candidates Debate 2A, Part I

The candidates in the second round of debates, Part A, were Sen. Elizabeth Warren, Sen. Bernie Sanders, Mayor Pete Buttigieg, former Rep. Beto O’Rourke, Sen. Amy Klobuchar, Gov. John Hickenlooper,  former Rep. John Delaney, Rep. Tim Ryan, Gov. Steve Bullock, and New Age guru Marianne Williamson.

The transcript is here.

1. In some kind of record for the earliest controversy in a debate, Ohio Congressman Tim Ryan raised metaphorical eyebrows by keeping his arms by his side during the singing of the National Anthem, while every other candidate put their hands over their heart. This could not have been accidental, especially with the Left’s “Let’s diss the Natonal Anthem because Colin Kaepernick says so, to the extent that we can make any sense out of what he says” fad, most recently embraced by Megan Rapinoe.  So Ryan was virtue-signaling, to those who think such cynical disrespect is virtuous.

Yet he did not have the guts afterwards to admit it. Asked about his gesture, Ryan told ABC News: “I love this country as much as everybody else. The national anthem plays at football games, I put my hand on my heart for the Pledge of Allegiance,” . “I don’t know, the choir was singing and it was great.”

Ethics verdict: He’s a weasel and a weenie. A weensel. Continue reading

Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading

Morning Ethics Warm-Up: July Fourth, 2017

Good Morning, everybody, and Happy Independence Day.

1. A minor item cross-filed under “Twitter makes you stupid and careless,” “Oh, sure, our public schools are terrific!” and “Is we getting dumber?”: Yesterday, whoever the History Channel allows to handle its Twitter account tweeted out the fact that July 3 was the anniversary of the final day of the Battle of Gettysburg, and included a picture of General…George Washington.

2. Is trolling ever ethical? When it’s pointed, clever and deserved, perhaps. Boston-based businessman and inventor V.A. Shiva Ayyadurai,  a Republican who received a Ph.D. and his undergraduate degree from the Massachusetts Institute of Technology, is running for the GOP nomination to oppose Massachusetts Senator Elizabeth Warren. He’s running on the slogan: “Only a real Indian can defeat the fake Indian.” V.A. sent Warren a DNA test so she could prove that she’s part Cherokee, as she asserted in the past to get the benefit of affirmative action recruiting programs at Harvard Law School and the University of Pennsylvania. The Senator refused to take the test, prompting her tormentor to tweet,

“I’m deeply saddened @SenWarren refused my thoughtful (gift-wrapped) Birthday Gift: the 23&me DNA Test Kit,” Ayyadurai tweeted Sunday. “Most unfortunate! #FakeIndian.”

He then posted screenshots of the DNA test kit he purchased online.

Why doesn’t Warren just take the test? If it shows she has Native American DNA, then she’s killed an issue that has haunted her since 2012, and will continue to unless something changes. If it shows that she isn’t an “Indian,” then all she has to do is say that she was mistaken, she had bad information from her family, and regrets taking advantage of the affirmative action programs to the detriment of real minority academics. (Harvard listed her as a teacher “of color.”)

The answer is that Warren would rather claim that the Indian issue is a manufactured slur by the right, so she can continue to claim minority status and victim status. The answer is that she’s a cynical, cowardly fraud.

Warren, Hillary, Bernie Sanders, Tom Perez, Nancy Pelosi and Maxine Waters constitute the mots visible leadership of the Democratic Party.

Res Ipsa Loquitur. Continue reading

Ugh. Well, I Guess That Answers The Question About Whether Being President Would Make Trump More Civil…

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Apparently during a meeting with Democratic Senators, President Trump repeatedly referred to Senator Elizabeth Warren as “Pocahontas,” the mocking nickname (which didn’t originate with him) often used by her detractors to refer to Warren’s unsubstantiated claims of Native American heritage. Warren once exploited what she later asserted was oral family lore to benefit from a university’s affirmative action hiring policy.

No, she was not at the meeting. From George Washington’s 11o rules of civility:

Rule 89: Speak not evil of the absent, for it is unjust.

Ugh. To say that Presidents Trump’s mockery was uncivil and unpresidential is insufficient. Using playground name-calling to denigrate any elected official is boorish, juvenile and really, really stupid as well. Continue reading

Sen. Elizabeth Warren, Whitney Tilson, And Bigotry

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The PPP Poll on Democrats’ 2020 preferences found that “Joe Biden leads the way for Democrats with 31% to 24% for Bernie Sanders, and 16% for Elizabeth Warren. They’re the only folks we tested with meaningful support for the nomination at this point.” Since Warren is the only one in that groups not eligible for Social Security, she’s at least the putative front-runner for the 2020 race against President Trump. That’s not bad entirely bad news for Democrats. Warren’s smart and passionate, and she’s a fiery speaker.  Unfortunately, she’s also a jerk and more important, a bigot.

Warren has been on an anti-Trump rampage for months, and an anti-Wall Street rampage forever.   She recently graced  Facebook with another anti-business rant to her nearly 2.5 million followers. In it, she condemned Whitney Tilson, who runs Kase Capital, calling him a “hedge fund billionaire” who is “thrilled by Donald Trump’s economic team of Wall Street insiders.” The Massachusetts Senator wrote, “Tilson knows that, despite all the stunts and rhetoric, Donald Trump isn’t going to change the economic system…The next four years are going to be a bonanza for the Whitney Tilsons of the world.”

This gratuitous attack was pure bigotry.  To bigots, what matters is what people are—blacks, whites, Jews, gays, men, women, Muslims, poor people, rich people, Democrats, Republicans. Also Trump voters, feminists, Christians, college students, bankers, and lawyers. Bigots assign unattractive, negative character traits to individuals based on neat categories they can be placed in, and their real beliefs, principles, and most important of all, acts don’t matter. Warren’s reference to “the Whitney Tilsons of the world” is the mark of a bigot. If you work on Wall Street, you are just like all the rest to her. Greedy. Corrupt. Bad.

The  hateful attitude from Warren is especially unfair in Tilson’s case. He was one few financial executives who publicly opposed Trump and supported Hillary Clinton. He is a lifelong Democrat, and he helped start the terrific volunteer teacher program Teach for America; he doesn’t just sit around counting his money.  (Warren, incidentally, is about as rich as he is.) Tilson was also  one of the very few Wall Street executives who  donated to Senator Warren’s campaign for the Senate. Tilson, like Warren, has supports tough regulations for his industry.  “I’m a fan of Dodd-Frank,” he said in a recent interview. ” I think banking should be boring…I worry about Wall Street returning to being a casino.” Continue reading