On Misandry, Keith Olbermann, “Mansplaining,” And The Bloody Head

Heads, we lose…

What a day. First I have to defend Bill Maher, and now I have to defend Keith Olbermann.

Ethics is hell.

Yesterday, the former winner of the Ethics Alarms “Asshole of the Year” tweeted to Kathy Griffin and her lawyer…

To @kathygriffin and @lisabloom: you could not be doing more to help Donald Trump if you were Putin. Please stop this selfish nonsense.

I love this tweet! For one thing, it confirms what I have been saying regarding the “resistance’s” supposedly principled objection to Griffin holding up a fake bloody head of the President of the United States. It isn’t because she “crossed the line,” or because, in their insatiable hate for the President, they didn’t enjoy the implications of the gruesome image. Democrats, progressives, “never Trump” conservatives and “the resistance” recognized that the backlash harms their mission, by making its supporters look exactly as vicious and ugly as so many of them are. Olbermann is a prime example, in fact, as this typical Trump-related tweet from the MSNBC jerk-in exile illustrates…

Classy guy, that Keith! Continue reading

Ethics Dunce: Virginia Gubernatorial Candidate Ralph Northam

Current Lieutenant Governor Northam is the “establishment candidate” in the Democratic Party as it tries to hold on to the Governor’s mansion. He is being opposed in the primary by Tom Perriello, a populist, Bernie-backing candidate. Thus Northam is pandering to the leftist, “resistance,” “not my President” hard progressive base by indulging in ad hominem attacks while endorsing incivility and demonizing as the new standard Democratic modus operandi, which it is rapidly becoming.

“Donald Trump is a narcissistic maniac, and I will do all I can to keep his hate out of Virginia.”

I think we can all agree that Trump is a narcissist. So is Obama; so is Bill Clinton; so was  Lyndon Johnson, JFK and both Roosevelts. Many excellent leaders are narcissists. None are maniacs (synonyms: madman, lunatic, usually meaning “dangerous”), however, and neither is Donald Trump, except that anyone who doesn’t embrace political positions the left embraces is subject to being called and judged insane. This is why the Soviet Union locked up dissidents in mental hospitals, and increasingly U. S. progressives are looking to Stalin’s play-book: censorship, marginalization, slander.  Ironically, it is the anti-Trump obsessed who have shattered all rules and traditions of civilized political speech, advocacy and opposition in a democracy, and who are in the grip of mania.

Nothing the President has done or proposed justifies the maniac label, but current anti-Trump politics has nothing to do with justice, or fairness, or responsible rhetoric.  Northam says he wants to keep Trump’s “hate” out Virginia, whatever that’s supposed to mean, but he is branding his own hate, which I suppose is his party’s hate, by calling the President of the United States a foul name designed to wedge fear and alienation between the public and the man whom they chose to lead us.

Notham has disqualified himself for leadership by this alone.

If a maniac was running amuck, do you think Ralph Northam would favor beheading him? Do you really think people who denigrate our nation’s elected leader the way Virginia’s leading Democrat does were offended by Kathy Griffin’s art?

_________________________

Source: Slate

Ethics Verdict: Hillary Clinton Is The Worst Loser In US Presidential History (PART II)

You read PART I here.
As I was saying…
Following Clinton’s invention of a fake reason for her defeat for New York Magazine readers, she told Wellesley grads,

“When people in power invent their own facts and attack those who question them, it can mark the beginning of the end of a free society,” Clinton said. “That is not hyperbole, it is what authoritarian regimes throughout history have done.”

OK, technically Hillary is not in power, even though she says she won the election. Nonetheless, she is throwing around alternative facts like confetti. The news media was biased against her. “Voter suppression” cost her Wisconsin. My personal favorite was when she gave the cheering, indoctrinated Wellesley fems the alternative history that Richard Nixon was impeached. No, Hillary, your husband was impeached. Nixon had the requisite respect for the office to resign.

Yet I was willing to let bygones be bygones and let all of this go, until yesterday’s head-blowing interview. At Politico, another Hillary booster during the campaign, it was written that while Hillary “made a point to say that she took responsibility for her campaign and ‘every choice’ she made,” she then proceeded to blame everything and everyone else for her fate. This has been her pattern since the Benghazi hearings. Clinton uses some bizarre definitions of “accountability” and “responsibility” that allow her to believe she is being accountable while maintaining that nothing was her fault.

I’ll highlight her most outrageous statements yesterday, noting that neither of her interviewers had the professionalism or integrity to say, “Wait, WHAT???”

“[T]he use of my email account was turned into the biggest scandal since lord knows when. And you know, in the book I’m just using everything that anybody else said about it besides me to basically say this was the biggest nothing-burger ever. It was a mistake, I’ve said it was a mistake, and obviously if I could turn the clock back, I wouldn’t have done it in the first place, but the way that it was used was very damaging. Well, if you went all the way back, doing something that others had done before was no longer acceptable in the new environment in which we found ourselves. And there was no law against it, there was no rule, nothing of that sort. So I didn’t break any rule, nobody said, “Don’t do this,” and I was very responsible and not at all careless. So you end up with a situation that is then exploited, and very effectively, for adverse political reasons. And it was maddening, because in the middle of a hard-fought campaign, it’s hard to stop and say, “Wait a minute, what you think you know about this is not accurate, let me tell you.”

KABOOM!

Speaking of Big Lies…Clinton is even lying about her lies, and going back in time to repeat her false denials when the secret server story broke in 2015. I’m not going to re-hash why her e-mail machinations were unethical and incompetent, how we know that they violated her own department’s policy, and how the “it was done before” and “it was just a mistake” are transparently false. I made myself nauseous writing about it: you can look up the posts and all the supporting links if you have a masochistic streak. But for Clinton still to be selling this spin to misrepresent her deliberately endangering U.S. security so she could hide her personal schemes from the Freedom of Information Act is an act of self-parody.

“The other side was using content that was just flat-out false, and delivering it in a very personalized way, both sort of above the radar screen and below. And you know, look, I’m not a tech expert by any stretch of the imagination. That really influenced the information that people were relying on. And there have been some studies done since the election that if you look — let’s pick Facebook. If you look at Facebook, the vast majority of the news items posted were fake. They were connected to, as we now know, the 1,000 Russian agents who were involved in delivering those messages. They were connected to the bots that are just out of control. We see now this new information about Trump’s Twitter account being populated by millions of bots. And it was such a new experience. I understand why people on their Facebook pages would think, “Oh, Hillary Clinton did that, I did not know that. Well that’s going to affect my opinion about her.” And we did not engage in false content. We may have tried to put every piece of information in the best possible light, and explanations, but we weren’t in the same category as the other side.”

What fake news items on Facebook caused people not to vote for Hillary? The Russian hacks, if they were Russian, merely reveled the ethical rot within the DNC, Hillary’s campaign, and the Clinton Foundation. These were not “lies.” They were inconvenient truths, like the fact that Donna Brazile was using her position at CNN to give Hillary debate questions in advance.

I get the nomination. So I’m now the nominee of the Democratic Party. I inherit nothing from the Democratic Party. I mean it was bankrupt, it was on the verge of insolvency, its data was mediocre to poor, nonexistent, wrong. I had to inject money into it …Donald Trump, who did nothing about really setting up any kind of data operation, inherits an RNC data foundation that, after the Republicans lost in 2012, and they thought they had a very good operation with the setup that Romney did called ORCA, they thought that was really state of the art, they lose.

So they raised — best estimates are close to a hundred million dollars, they brought in their main vendors, they basically said, “We will never be behind the Democrats again,” and they invested between 2012 and 2016 this hundred million dollars to build this data foundation. They beta tested it. They ran it … somebody was able to determine about 227,000 surveys to double check, triple check, quadruple check, the information.

So Trump becomes the nominee and he is basically handed this tried and true, effective foundation.”

The GOP also thought their data system was sound in 2012, too. No Presidential election data foundation is “tried and true” until it works in the election. Meanwhile, Clinton is blaming her party for her loss, though her campaign vastly out-raised and out-spent the Republicans.

“Seventeen agencies, all in agreement, which I know from my experience as a Senator and Secretary of State, is hard to get. They concluded with high confidence that the Russians ran an extensive information war campaign against my campaign, to influence voters in the election. They did it through paid advertising we think, they did it through false news sites, they did it through these thousand agents, they did it through machine learning, which you know, kept spewing out this stuff over and over again. The algorithms that they developed. So that was the conclusion. And I think it’s fair to ask, how did that actually influence the campaign? And how did they know what messages to deliver? Who told them? Who were they coordinating with, or colluding with?…so the Russians — in my opinion and based on the intel and the counterintel people I’ve talked to — could not have known how best to weaponize that information unless they had been guided…Guided by Americans and guided by people who had polling and data information.”

This is pure conspiracy theory ranting. The most damaging information that came out were the actual e-mails showing the DNC’s and Clinton’s campaign’s corruption, and the transcripts of Hillary’s speeches pandering to Wall Street. Any idiot could see that these things would be damaging to Clinton without “polling and data information.” How much polling does one need to know that corruption, lying, influence peddling and cheating are bad?

Continue reading

Ethics Verdict: Hillary Clinton Is The Worst Loser In US Presidential History (PART I)

Yes, having to write this post makes me feel like Michael Corleone in “Godfather III.”

I considered giving Hillary her well-earned Worst Presidential Election Loser award after her embarrassing Commencement speech at Wellesley, but the wag who wrote “Why did Hillary dress up like Monica Lewinsky at Wellesley? to accompany this photo…

…made me laugh, and in my lightened state decided, “Nah! Why bother? Leave the poor woman alone.”

For I do feel sorry for Hillary Clinton. I feel sorry for anyone who loses the Presidency despite winning the popular vote. I would think it could drive someone crazy. In the play “Inherit the Wind,” there is a scene in which the wife of Matthew Harrison Brady (a thinly-disguised fictional avatar for three time Presidential loser William Jennings Bryan) begs for sympathy for her blow-hard husband, asking a critic to imagine what it must be like to have a Presidential election victory speech written and in his pocket three separate times and to never get to deliver it. Well, knowing you received the most votes and still can’t give the speech has to be much, much worse.

Then came yesterday’s orgy of excuses and recriminations as Clinton, looking and sounding angry and bitter, was interviewed at a tech conference hosted by Recode’s Kara Swisher and Walt Mossberg. And she puuuulled me back!

So now I have to review Hillary’s revolting and self-indicting Blame Everyone tour. Let’s begin by stating that no defeated Presidential candidate has ever done anything like this before, not even Richard Nixon. Nixon’s poor loser meltdown was after he lost the California Governor’s race in 1962. When he lost to Kennedy in 1960, his conduct was exemplary, refusing to demand a recount even when there was evidence, as there frequently was with the Kennedys, of shady operations. For a loser to engage in repeated recriminations and bitter pronouncements less than a year after losing is unprecedented. It is also —and forgive me for repeating myself from prior posts–disgusting, despicable and shameful for a defeated candidate to join a “resistance” against the lawfully elected winner. This is especially true in Clinton’s case, when she furiously condemned candidate Trump for suggesting that he might not accept his defeat. Continue reading

The Resistance Thinks This Is Appropriate Political Humor. This Tells Us All We Need To Know About The Resistance [UPDATED]

After the shooting of  Rep. Giffords in Tucson, Democrats and the news media attempted to blame the tragedy on the “eliminationist rhetoric” used by Republicans, citing Sarah Palin’s use of cross-hairs on an electoral map to point to Democrats being targeted for defeat. At one point, CNN’s John King even chastised a guest for using the term ‘”in the crosshairs” in talking about the candidates. “We’re trying, we’re trying to get away from that language,” King solemnly inveighed.  “Andy is a good friend, he’s covered politics for a long time, but we’re trying to get away from that kind of language.”

Eighteen months later, the producers of “Game of Thrones” thought it was a hilarious inside joke to place a model of George W. Bush’s head  on a pike in one scene showing multiple severed heads.. Alluding to his beheading was wonderful, at least to Hollywood liberals. Putting Obama’s head on a pike would have been, of course, unthinkable, and proof of racism.

I wrote at the time,

“Criticism, satire and humor regarding any U.S. President, living or dead, is fair, ethical and within the realm of the freedom of expression that makes America great. Incivility, disrespect, denigration, hate and incitements to violence directed against any President, living or dead, is wrong. However any of these men performed in office, whether their policies were popular or not and whatever the consequences, good or bad, of their decisions were, every one of them was a patriot and a public servant who made significant sacrifices to attempt to meet the challenges of the most difficult job in the nation, and to do what he thought was in the best interests of the nation. Eight of the 44—that’s 18%—were shot at. Five of the 44—-11%—were shot, and four of them died.  The acceptance of the responsibility of the President is itself an act of courage. Evoking the intentional killing of a U.S. President in any context is irresponsible, and to mock a former and living President in the manner of barbarians and terrorists of other lands, to treat him as the terrorists treated Nick Berg, is as offensive an act of disrespect as I can imagine.”

Now Kathy Griffin, who hosts New Year’s Eve for CNN, has posed for the photograph above. I’m sure the “resistance”—you know, like Hillary—thinks it’s just hilarious, and that Griffin is getting high-fives from her pals at the network and Hollywood.

These are objectively hateful, ugly, irresponsible people, and their depravity becomes deeper and sicker almost daily. They really think behaving this way toward the nation’s elected leader will return them to power. In that belief, they are insulting all of us.

UPDATE: I almost forgot: this is the second controversy over beheaded Trump art. In half of one year in one term, Trump has been graphically murdered twice, while no other President since Lincoln had been beheaded in any high profile forum once.

“What’s Going On Here?”: The 8th Grade’s Speaker Of The House Snub

It is fair to say that no primary school class of any grade level would have snubbed a Speaker of the House by boycotting a scheduled meeting with him or her ten years ago, twenty years ago or ever. That this happened last week is worth paying heed to, and worthy of careful consideration. It is another symptom of a seriously ill culture, society and democracy.

Half of the D.C. field-tripping 8th grade from South Orange Middle School, about a hundred students, rejected their photo op with Speaker Paul Ryan, and were allowed to wait in the parking lot while Ryan greeted the other half.

What’s going on here?

What’s going on here should be easy to diagnose. The vicious, anti-democratic partyism, partisan incivility and hatred that has poisoned public and private discourse that has moved the United States toward governmental paralysis and the worst societal division since the Civil War is being passed on to the next generation. Anyone who cheers this as a positive development is a lousy, unethical citizen. It’s that simple.

The snub is 100% the product of irresponsible and ignorant parents, aided and abetted by incompetent teachers, seeded by the open warfare and excessive rhetoric of political leaders, though not, ironically enough, by Paul Ryan. Ryan has always comported himself, in this office and his previous one as an ordinary House member, by traditional statesman standards. He is polite and respectful, indeed was too much so  when Joe Biden snorted, rolled his eyes, sneered and interrupted him repeatedly during the 2012 Vice-Presidential debate. Ryan is a gentleman and a professional. He has also dedicated himself to public service and the best interests of his country as he sees it, like all honest elected officials, at great personal sacrifice. As Speaker of the House, a job he did not seek but accepted because he was needed by the institution, Ryan has immense responsibility and daunting challenges. Nobody has to agree with his political views, support his initiatives, or hesitate to criticize, lobby, advocate or vote against what he does or tries to do. Every responsible and civil American, however, should respect him for serving the nation as best he can. As for children, and that is what 8th graders are, they have only one duty: be respectful to the elected leaders of their towns, states and nation. Yes, every single one of those leaders.  Children have neither the standing nor the knowledge nor the wisdom to be otherwise.

Matthew Malespina, one of the grand-standing 8th graders who waited in the bus, was interviewed by ABC about why he snubbed the Speaker of the House. “It’s not just a picture,” the indoctrinated, arrogant kid told the reporter. “It’s being associated with a person who puts his party before his country.”

Gee, I wonder where he learned that empty phrase? What do you mean by this, Michael? Members of both parties belong to them because they believe their party’s governing philosophy is in the interests of the United States. Give me an example of Ryan “putting his party before his country” that doesn’t mean “if Republicans cared about the country, they’d be Democrats.”

Explain the complexities of fixing the evident flaws of Obamacare while not creating unacceptable risks to the health care system. Tell us how you would have negotiated the ethical dilemma of either supporting your party’s Presidential candidate whom you believe to be unqualified, or risking splitting your party and giving control of the government to an opposition party that you believe is pushing the nation in dangerous and untenable directions.

Go ahead, you’re 13, you know everything. What’s your plan? Tell us how you would begin fixing the crumbling infrastructure, a multi-trillion dollar task, without raising taxes to crushing levels or pushing the national debt over the brink. Tell us how the U.S. should help its poorest citizens without making them permanent government sycophants. Tell us how society can take away money earned by corporations and wealthier citizens without destroying the incentive to innovate, take risks, create jobs.

You know nothing. It’s very likely that the parents who have been programming you know nothing as well other than party-fed talking points, but at least they are adults in a democracy, and empowered to be part of government even though our broken news media and education establishment has left them below the minimal level of civic literacy for the process to work as designed.

“The point was, ‘I don’t want to be associated with him, and his policies and what he stands for,'” said Elissa Malespina, Matthew’s mother, a smug hyper-partisan fool who undoubtedly agrees with the attitude of the Georgetown professor who refused to work out in a gym that had a member whose views she found offensive. No, Elissa: a photo is a photo, not an endorsement, just like using the gym didn’t make the professor an honorary white supremacist. But I’m sure you’ve carefully discussed the competing issues of shunning, pluralism, democracy, the political advocacy system, governmental theories, Locke, Rousseau, Jefferson, Hamilton, Burke with your impressionable son, right?

Just kidding. We know what you have been doing since November is telling your child along with anyone else who would listen that Donald Trump is an illegitimate President and anyone who supports him in any way has enlisted in Evil’s Legions, which of course includes the Republican Party and Paul Ryan. Nice work.

It is not damaging enough that progressives are trying to turn the U.S into an ideologically segregated society where citizens of varying opinions can’t work and play civilly together, and where every citizen respects the leaders chosen by our elections, as they must if democracy is to function. They are determined to spread this cultural poison to the next generation before they have the ability to think for themselves.

This is what the conduct of the South Orange Middle School’s 8th grade means, and that’s what’s going on here. It is one more ugly, harmful and perhaps permanent side effect of the “resistance”—including much of the media and Democratic Party—rejecting democratic principles and institutions because they didn’t create the results the Left wanted this time.

Now that’s putting party before country.

A GOP Candidate Wins A House Seat In Montana Despite Attacking A Reporter The Night Before The Election. What’s Going On Here?

Yesterday, in an Ethics Alarms post pointing out that nobody should vote a person who physically attacks reporters, or indeed, who attacks anybody, into Congress, I wrote,

What kind of person would vote for Gianforte after last night’s display? The kind of person who argues that character doesn’t matter in elected officials, only their positions.

And idiots, of course.

Candidate/Thug Greg Gianforte, the Republican candidate, won the election nonetheless with over 50% of the votes. Rob Quist, the Democrat, received only 44%. Does this mean that over 50% of Montana voters are idiots? No, that wouldn’t be a fair conclusion. An estimated 60% of voters had turned in their ballots already, so the Gianforte voters in that batch weren’t necessarily idiots. (As I implied in the post yesterday, the advocates for voting before election day, thus allowing late-arriving information about the candidates—as in, “Hey! This guy is an unstable, volatile jerk with the judgment of a bar room goon!” to have minimal effect on  election results, have embraced an irresponsible, idiotic even, policy.)

Gianforte’s victory illuminate  other ethics issues, hwoever:

1. Addressing supporters in his victory speech, Gianforte apologized to the reporter he body-slammed, the journalists who witnessed the attack, and Montanans, saying “When you make a mistake you have to own up to it. That’s the Montana way.”

Ugh, yecchh, gag, petui!

If that’s the Montana way, why did Gianforte sit back and allow his campaign to blame the episode on the reporter? Remember, the statement from Gianforte’s staff, which is to say Gianforte,  said that the reporter,

“entered the [campaign] office without permission, aggressively shoved a recorder in Greg’s face, and began asking badgering questions….After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground. It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ.”

That isn’t owning up. That’s covering up, spinning and lying. Does the new Congressman’s apology mean that he acknowledges that his campaign was lying? When will he own up to that?  An apology now is cheap, cynical and meaningless, for Gianforte won, and Montana is stuck with him for two years.

2. A Montana TV station refused to inform its viewers that Gianforte had assaulted and battered a reporter. NBC affiliate KECI, recently purchased by the conservative media conglomerate Sinclair Broadcasting, adamantly kept the report of the attack and the audio of the incident,  arguing that “The person that tweeted [Jacobs] and was allegedly body slammed is a reporter for a politically biased publication.”  That “biased publication” was the Guardian, and the tweeter was Ben Jacobs, the victim. His account was confirmed by reporters from Fox News…you know, that liberal network that is always trying to make Republicans look bad. The anchor of the evening newscast, Laurel Staples, read a statement that said, in part, “NBC Montana takes pride in reporting only verifiable facts from an independent, reliable sources.”

 NBC News, including the Today show and affiliates across the country, played the audio of the altercation between Jacobs and Gianforte, who was charged with misdemeanor assault, indicating that reports of the episode were reliable. Continue reading

Comment Of The Day (2): “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”

It would be unfair to characterize fattymoon’s comment, which was, like the previous COTD, supposed to be posted almost a week ago, as an example of the phenomenon just discussed. Fatty, a smart, disillusioned Occupy veteran, is bipartisan opponent of the status quo, and a revolutionary with integrity: he does not embrace the double standards that render the “resistance” ridiculous, taking such self-disqualifying positions as  Maxine Waters’ classic that while President Hillary Clinton could have fired FBI chief Comey without wrongdoing, it was an obstruction of justice for President Trump to do so. I chose his comment for reposting because it is a virtual archive of the faulty reasoning and rationalizations that sustain the anti-Trump barrage. I will elaborate on that after you read fattymoon’s Comment of the Day on the post, “Five Reasons Why This Was President Trump’s Dumbest Tweet Yet”:

Some of your quotes followed by my thoughts…

“None of it justifies the fake news” – Which entity pours on the most fake news, the media or the White House? Open to argument, yes?

“concocted Russian conspiracy theories” – You’re jumping the gun, sir. The jury is out.

“I stand behind the office.” – I refuse to accept the man behind the office. If left unchecked, Trump will bring down the office after inalterably defacing it.

“I made it clear that Trump had neither the Character, nor the skills or knowledge, to hold it, just as I made it clear that Hillary Clinton was also an unfit candidate because of her thorough corruption.” – Are you saying that Trump is not thoroughly corrupt? Just a little corrupt?

“This is Andrew Johnson all over again.” – Rightfully so, imo. (“Johnson is regarded by many historians as one of the worst presidents in American history.” – Wikipedia)

“I have minimal influence, but I will do my best to protect the Office and institution of the Presidency from those who would destroy it, no matter who occupies that office.” – And I will do my best to protect the Office and institution of the Presidency from those who would destroy it, i.e. Donald Trump. Continue reading

Responsible And Necessary: The Appointment Of A Special Counsel

The Justice Department appointed Robert S. Mueller III (above), a former F.B.I. director, as special counsel to handle the Russia probe.

I am reading conservative pundits fuming over this development for a number of reasons, some of them valid and troubling. However, there is no good argument to be made that a Special Counsel isn’t necessary now.

Assistant Attorney General Rod Rosenstein explained his decision to make the appointment (remember, he is acting AG in the Russian investigation, because Jeff Sessions was bullied and hectored into recusing himself, also unavoidable):

“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter.My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”

Exactly. As for the last sentence, President Trump has no one to blame but himself. His own, typical, blundering, blathering ways created this atmosphere—that and “Deep State” leaks calculated to undermine him, and a news media feasting on those leaks like sharks on chum.

It is being argued that you can’t appoint a special prosecutor unless there is a finding that crimes have been committed. Here are the relevant sections of the law:

§ 600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and –

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

§ 600.2 Alternatives available to the Attorney General.

When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

I don’t read the law so narrowly. The law requires that there be a determination that a criminal investigation is warranted, not that crimes have been committed. Continue reading

Ethical Quote Of The Month: Former Harvard Law Professor Alan Dershowitz

“If it was a polite request saying, ‘Oh, you know, he’s a good guy, Flynn, I wish you’d back off this thing,’ that’s not an obstruction of justice. If it was a command, it would raise stronger problems.”

—Retired Harvard law professor , Constitutional scholar, lawyer, liberal and CNN commentator Alan Dershowitz, trying to explain to MSNBC what “obstruction of justice” means.

I’ve never been a Dershowitz fan, but when the List of Shame is complied after the Post 2016 Election Ethics Train Wreck has finally ground to a halt, he’ll be on another list: the one containing those who maintained their integrity.

He needn’t have bothered: the news media/Democratic Party/ “resistance'” collective has already labelled James Comey’s so far only rumored “memo” recounting that the President asked the then-FBI Director, in a private meeting in February, to close the FBI investigation of Trump’s former national security adviser, Michael Flynn, proof of criminal motives and acts.

The New York Times learned of the memo from two people who claim they had read it. One of them read part of the memo to a Times journalist.  According to these unnamed sources’ description of the memo, Trump told Comey, “I hope you can let this go” in a meeting that took place the day after Flynn was forced to resign.

“I hope you can let this go” would be consistent with what Dershowitz, no Trump supporter but apparently yet to be infected with the integrity- and logic-destoying anti-Trump virus, accurately described as “not an obstruction of justice.”

The Times, however, a card-carrying member of the “overturn the election” cabal—we know this because it stated last August that defeating Trump justified tossing journalism ethics into the trash, and because since the election, its pages have from the book reviews to the op-ed pages have been filled anti-Trump propaganda—called Trump’s reported request “the clearest evidence that the president has tried to directly influence the Justice Department and FBI investigation” into links between Trump associates and Russia. This must mean that there is no evidence, at all, since saying “I hope you can let this go” is barely influence at all.

The news of the alleged memo was breathlessly hailed by the “Can we impeach him now?” fanatics, including some readers of this blog who should know better and once did, as a “bombshell.” As Alan Dershowitz dispassionately points out, and as I have in the comment threads, it’s no bombshell. This is not  remarkable observation; a New York Times contributor was even allowed to agree with Dershowitz. (The Times can’t completely commit to the lynch mob, for then its efforts to aid and abet would be less valuable. It’s quite a tightrope these people are walking….). Constitutional law prof Elizabeth Price Foley wrote, Continue reading