U.S. Census

Ethics Observations On Three Recent Judicial Decisions

/ Jack Marshall / 25 Comments

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I.

An appeals panel throws out the emoluments lawsuit filed by D.C., Maryland.

A three-judge panel of the US Court of Appeals for the 4th Circuit  held that the District of Columbia and Maryland lack standing to sue President Donald Trump over claims related to his hotel in Washington, D.C. The court  ordered a lower court to throw out the lawsuit with prejudice, meaning the lawsuit alleging violations of the Constitution’s emoluments clause could not be refiled.

Good.

The Emoluments Clause nonsense has been one of the more contrived “resistance” theories and this lawsuit was part of the organized plan of harassment against the President. Two Democratic jurisdictions filed this purely political suit as their contribution to the “resistance.”

“Even if government officials were patronizing the hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the president enjoined from receiving income from the hotel,” the 36-page opinion said. “The hotel would still be publicly associated with the president, would still bear his name and would still financially benefit members of his family….Neither [emoluments] clause expressly confers any rights on any person, nor does either clause specify any remedy for a violation.”

The unique conflicts of interest issues presented when a multinational business owner becomes President was never imagined by the Founders, and once Trump was elected it was too late to deal with the problem equitably. The Democrats and the news media, not to mention Trump’s Republican rivals for the nomination and the legal establishment—and commentators like me, all neglected their duty to raise the issue in a timely fashion, mostly because they never thought Trump would win. They are all at fault for their own mistake. At some point, however, the issue has to be examined fairly and non-politically, with rules emerging that do not make the Presidency unachievable by anyone who is not a professional politician.

II

Continue reading →

Sunday Ethics Warm-Up, 6/9/2019: “Big Lie” Week !

/ Jack Marshall / 5 Comments

Good Morning!

1. “Big Lie” Week coming! Hopefully today, definitely over the next week, I will begin a surprisingly long series of posts, each devoted to one of the Big Lies being used by the “resistance,” as well as the news media and the Democratic Party, to try to destroy the administration of President Trump and, if possible, remove him from office without the inconvenience of an election. I began a single post on the topic with the goal of producing a list, but it became evident that the result would be too long.

I will assemble all of the Big Lies into a single list when all the posts are done.

I should have done this earlier. The Big Lies are being thrown around more thickly than ever, nearly blotting out the sun, as Democratic Party hysteria over the failure of the Mueller Report to confirm the Russian collusion fantasy has spawned a desperate push for impeachment. In yesterday’s Times, for example, there was another screed from one of the paper’s full-time “resistance” columnists, Timothy Egan, this one proclaiming under the headline that “the president is corroding and destabilizing the institutions of democracy.” That’s on my Big Lie list, though I won’t get to it until the fourth or fifth post. I was curious: did Egan have actual evidence of such corroding and destabilizing? He did not. Here are his examples, which I have to assume are the best he could come up with: Continue reading →

Boy, The GOP Really, Really Likes Census Scams!

/ Jack Marshall / 21 Comments

Let me quote my favorite writer—me, of course—to set this one up. From March 17, 2010

It was [Chairman of the Republican National Committee Michael Steele] who approved some sleazy direct mail hack’s clever idea to send potential GOP donors counterfeit census forms. Arriving in thick envelopes with “Do Not Destroy. Official Document” on the front (“See, it’s not a lie! It IS an official document, right? Just from a different official—you, Mr. Steele! Get it? …), and the imposing legend  “Census Document Registered To: [ the name  of the recipient]” stamped there as well  (“It  really is kind of a a census document, capiche, Mister Steele? So they can’t complain later—it’s just not the one they think it is! But they’ll open it every time! I love this mailing!”), the package included a four-page form complete with an eight figure “Census Tracking Code.” (“Nice touch, eh Mister Steele? Joey here thought that one up. It will really have them believing this, the suckers!”) But the questions would quickly begin striking anyone not half asleep as rather odd for the Census, with queries like,

“Do you traditionally vote in all elections?”

“Do you generally identify yourself as a: Conservative Republican, Moderate Republican, Liberal Republican, Independent Voter who leans Republican or Other?”

“How much does it concern you that the Democrats have total control of the federal government?”

“Do you think the record trillion-dollar deficit the Democrats are creating with their out-of-control spending is going to have disastrous consequences for our nation?”

Even the sleepy, drunk or stupid, however, should have figured out the scam when they read, “When finished answering your Census, please return it along with your generous contribution in the enclosed postage-paid envelope.”

Gotcha! So clever! So well-executed! Soooooo dishonest, deceitful, and wrong….Not only did the mailing aim to deceive, it also confused, and the Census Bureau expressed worries that the fraudulent mailings would undermine response rates for the official census forms, causing citizens to ignore or not fill out the real forms when they arrived later. Lower mail response rates will increase Census costs, because the Bureau must send census-takers to every home that does not respond.

The good news is that the incident reminded House members what it was like to agree on something, and they passed a unanimous, bi-partisan measure banning fake census fundraising appeals, because the fact that such mailings were obviously and putridly unethical wasn’t enough any more. Not with Michael Steel in charge of the Republican fundraising. His influence is strong, after all: doing his best Steele impression after the House vote, National Republican Congressional Committee spokesman Paul Lindsay said, “The NRCC remains opposed to misleading mailings,” which is 1) a lie 2) an insulting lie 3) an embarrassingly obvious lie. It is opposed to them although it just sent out an intentionally misleading mailing of epic dimensions. The statement means one of these three things: “We are being controlled by Satan!”, “We are completely insane!”, or “We are lying our heads off!” One guess, and the first two don’t count.

But wait! There’s more! Continue reading →

Morning Ethics Warm-Up, 1/15/2019: I Am Cleopatra!

/ Jack Marshall / 41 Comments

Good morning, Ethics Lovers!

1. Coming attractions. Rep. Steve King is now officially a human ethics train wreck, but boy, it would be nice if we could trust the news media. I will be writing a full post on this matter soon, but in the meantime, if someone can find me the full text of the alleged “interview” with the Times that generated King’s infamous “White nationalist, white supremacist, Western civilization — how did that language become offensive?” statement, I would be very happy. The link used by all sources reporting on the interview and its aftermath, including the link used by the Times, goes to “Before Trump, Steve King Set the Agenda for the Wall and Anti-Immigrant Politics.”

But that’s not an interview! It’s an anti-King hit piece. I wanted to see the context of King’s remark, like, say, the question that evoked it. Is that too much to ask? All we get, however, is this:

Mr. King, in the interview, said he was not a racist. He pointed to his Twitter timeline showing him greeting Iowans of all races and religions in his Washington office. (The same office once displayed a Confederate flag on his desk.)

At the same time, he said, he supports immigrants who enter the country legally and fully assimilate because what matters more than race is “the culture of America” based on values brought to the United States by whites from Europe.

“White nationalist, white supremacist, Western civilization — how did that language become offensive?” Mr. King said. “Why did I sit in classes teaching me about the merits of our history and our civilization?”

That’s telling us about the interview, not the interview itself, and doing so while poisoning the well. More later. However, the fact that the Times won’t provide the unredacted interview itself is troubling.

2. Trump Tweets. Finally I can compliment a good one. This morning the President said, in the climax of a tweet, “They got caught spying on my campaign and then called it an investigation.” I’m critical of Trump’s communications skills, but you can’t do better than that. I also strongly suspect that he is correct. Continue reading →

The GOP’s Favorite Unethical Tactic: Deceptive Mailers

/ Jack Marshall / 6 Comments

McConnell mailerIt’s not sufficient, apparently, that Senator Mitch McConnell’s (R-Ky) Democratic opponent Allison Grimes has thoroughly disgraced herself (See here and here, and that’s not all, but I didn’t want to pick on her with so many other unethical candidates running under the banner of either political party) and probably squandered any chance she had of unseating the GOP Minority Leader. So  the Republican campaign geniuses decided to attack this not-ready-for-prime-time politician using a tactic out of former Republican Chairman Michael Steele’s playbook. That means unethical, for those of you who didn’t follow Steele’s slimy reign.

In 2010, Steele approved the GOP sending out mailers disguised as official U.S. Census documents twice, the second time after the House of Representatives had rebuked the despicable tactic and voted unanimously to make them illegal. Since then, the GOP has hectored those citizens foolish enough to contribute to a Republican candidate with mailings deceptively designed as renewal notices, as if something would expire if you didn’t send in another check. This is a sleazy method of inducing someone to open junk mail, and it shows how thoroughly mass mailing is dependent on influencing the dim, timid and too forgiving that such dishonestly packaged appeals work. Continue reading →

The Curse of Michael Steele Lives On

/ Jack Marshall / 7 Comments

Past-DueDuring the deplorable reign of Michael Steele as chair of the Republican National Committee, the RNC set new lows for deceptive fundraising practices, bordering on mail fraud. Replacing Steele with the superficially less ridiculous Reince Priebus has failed to dispel Steele’s lingering curse, and here is the latest example.

Yesterday, a brown envelope arrived at Chez Marshall with a block red message “Past Due” on it. We get a number of such envelopes—fewer now than a while back—but they are always a cause for alarm. This one, however, was a fake. Back in 2012 when, if you remember, there was a campaign going on, my wife, for the first time in her life, sent a small contribution to the Romney camp. As a result of that wasted gesture, we have received an average of ten phone calls a week from the RNC seeking funds, prompting my wife to tell every caller, futilely, of course, that any party that could not defeat Barack Obama wasn’t worthy for her money or anyone else’s, and to stop with the calls already. Naturally, this has had no effect, leading me to remind her, as when she imprudently ordered some kind of miracle anti-aging cream from Madagascar over the internet, “I warned you!”

It turned out that this urgent letter was also from the RNC, using the “Past Due” stamp to fool us into opening it rather than sending it directly into the trash. Nothing was past due, of course, though the enclosed donor card was falsely labelled a “statement,” and we were asked to “renew” a “membership” we never agreed to, and had no benefits, other than the pleasure of being harassed for money. Continue reading →

Obama on Jobs: Spin, Deceit or Encouragement?

/ Jack Marshall / 2 Comments

What constitutes dishonesty in politics, in leadership, for a U.S. President?

The Labor Department reported today that the nation added 431,000 jobs in May. The good news: it was the fifth consecutive month of job growth. The bad: private employment, the best indicator of real economic recovery, climbed just 41,000. It had increased by 218,000 in April, and economists had predicted private employment, to rise by at least 190,000 in May. Thus the low number was a setback for the economy’s recovery.

Not to hear the President describe it, however. “What these numbers do mean though is that we’re moving in the right direction,” he said. “The economic policies that we’ve put in place are working.” Continue reading →

Proof That Republicans Are Led By “The Bad Man”

/ Jack Marshall / 9 Comments

If there is a Republican out there who does not want to hang his or her head in shame after reading this story, 1) I want to know why, and 2) don’t vote for this individual, no matter whom they are running against., or for what.

For this is the mark of the constitutionally unethical, the same warped comprehension of right and wrong that allows Goldman Sachs executives testify before the Senate, under oath, that they see “nothing wrong with” and have “”no regrets” about selling products to clients that they knew were terrible investments. It represents the credo of  Oliver Wendell Holmes’ famous “Bad Man,” whom he described in his speech, “The Path of the Law,” a citizen whose only interest in obeying the law is avoiding penalties, and who can be counted on to lie, cheat and do others harm whenever gaps in the laws permit. And, of course, it typifies the political style of Michael Steele, who, by definition, could never lead an ethical organization, because any organization that will tolerate someone like him must not care about ethics.

Get this: Continue reading →

Michael Steele’s Census Scam, Uniting Congress at Last

/ Jack Marshall / 5 Comments

Despair not over the dysfunction of Congress, my friends! When a proposed measure is right beyond question, the warring parties are still capable of joining hands across the aisle and speaking with one unified voice. For example, they are capable of making an unequivocal statement that Michael Steele, Chairman of the Republican National Committee, has the same ethical bearings as that Nigerian prince who keeps e-mailing me. Continue reading →

Reid on Obama: When the Apology is Worse Than the Offense

/ Jack Marshall / 2 Comments

Publicly apologizing for conduct that wasn’t wrong creates a cultural misconception that such conduct is wrong. This confuses and misleads everyone. It would be nice, not to mention responsible and courageous, for public figures who find themselves being attacked by public opinion mobs for “offending” the wrong person or group, to demand some precision regarding their so-called offense before begging for forgiveness.

This is obviously too much to expect from politicians, perhaps because they seem to have such a difficult time figuring out the difference between right and wrong in the best of circumstances. Rep. Joe “You lie!” Wilson apologized, but made it clear that he was proud of what he did, making his apology a formality rather than a genuine expression of regret. Now Senate Majority Leader Harry Reid has quickly apologized for private comments he made about Barack Obama, reported in a new campaign ’08 backroom gossip book by journalists Mark Halperin and John Heilemann. Because the reporting of Reid’s comments has resulted in his being accused of racism, and because Reid himself has been quick to accuse others of racism when it suited his purposes, the apology was inevitable. It also has written another incomprehensible definition into Washington’s “Things Politicians Can’t Say” Code. Continue reading →