Odds and ends: Whataboutisms, judges, and Pope v. Trump

By Rory Ryan
The Highland County Press

Let's begin with whataboutisms. You know about whataboutisms. They are the political equivalent of "but your guy did something, too."

A Democrat mentions allegations against Donald Trump, and a Republican mentions Bill Clinton and rattles off names like Juanita Broaddrick, Leslie Millwee, Paula Jones, Kathleen Willey and, of course, Monica Lewinsky.

This week's tandem of whataboutisms are U.S. Reps. Eric Swallwell, D-Calif. and Tony Gonzales, R-Texas. 

Swalwell dropped out of California's gubernatorial race this week, in which he was regarded as a front runner. A former member of Swalwell's staff told the San Francisco Chronicle that the congressman sexually assaulted her. Three more women accused Swalwell of making sexual advances and sending explicit photos. 

Gonzales also said this week he will file documents to retire from Congress amid allegations of an inappropriate sexual relationship with a staffer. 

Thus far, The HCP  has had three liberal comments regarding the Swallwell story on our website. The first whataboutism linked Swallwell to Trump (naturally). The second two whataboutisms quickly brought up Gonzales. The latter of these comments directed me to publish a story on him – and not one of the comments was posted on our site. 

While I do not take requests, both stories were, in fact, on our website as soon as one of our national news outlets provided the articles this week.

As I've long written in four decades of newspaper work: All politics would be a lot cleaner if each party would police its own house. If that were to ever happen – instead of each party playing whataboutism – we'd have better public servants.

For some reason, it reminds me of the Ohio General Assembly Code of Ethics, Section 1, on Conduct, which states: "All members of the Ohio Senate or the House of Representatives shall conduct themselves AT ALL TIMES (emphasis added) so as to reflect credit upon the member's respective chamber of the General Assembly."

Good words to live by, eh?

* * *

D.J. Osborne wins

• A brief shout-out to my friend Adams County attorney D.J. Osborne is in order for his fine courtroom defense of Adams County rapper Joseph “Afroman” Foreman.
 
As Ryan Applegate of The People’s Defender reported, the civil trial between Foreman and seven members of the Adams County Sheriff’s Office centered around allegations that Foreman used deputies’ likenesses without permission after a 2022 raid on his Winchester home. 

The lawsuit stemmed from a 2022 raid in which deputies executed a search warrant on Foreman’s property. Video that Foreman later shared appeared to show officers breaking down a door and entering the house. That same video later formed the basis of the music video for his song “Lemon Pound Cake,” which spread quickly across the internet.

No criminal charges were filed against Foreman after the search.

After court deliberations last month, the jury found that Foreman did not defame deputies in a satirical music video that featured footage of them raiding the rapper’s house.

"The 51-year-old held up his hands in triumph and hugged people in the courtroom after he was found not liable for defamation, or invasion of privacy false light publicity," Applegate reported.

I watched a considerable amount of the trial, and thought Osborne was spot-on with his First Amendment defense. A few key witnesses for the defense were also excellent. 

While I am a longtime supporter of competent law enforcement, this trial ought to have been dismissed from the get-go. Opinions vary.

Nice work, Counselor Osborne.

* * *

Justice Patrick Fischer is correct

• Speaking of legal issues, a Clinton County judge did not violate ethics rules when he used his personal Facebook account to support his son’s political career, the Ohio Supreme Court ruled in a case that affects all judges in the state.

John William Rudduck should face no penalty for endorsing son Brett’s 2023 run for a seat on the Clinton County Municipal Court, the justices held earlier this month. Doing so would violate his First Amendment rights, they said, despite calls from the Disciplinary Counsel that said Rudduck’s posts undermined public confidence in the impartiality of the judiciary.

A prohibition in the Code of Judicial Conduct against judges endorsing judicial candidates is unfair and does not serve a compelling state interest, Chief Justice Sharon Kennedy wrote for the majority.

Justice Patrick Fischer, in a dissenting opinion, warned that judges could endorse candidates for prosecutor then have to recuse themselves in all criminal matters. He also said Rudduck never raised a First Amendment challenge, and that the justices took it upon themselves to decide that issue.

“If a majority of the members of this court believe that the judicial anti-endorsement rule should be set aside or modified, then they should follow the court’s process for amending the Code of Judicial Conduct,” Fischer wrote.

I thought about asking all Highland County judges about this ruling and if they now plan to endorse. (Well, one of them is running for office this year so that might be awkward.)

For my two cents' worth, I agree with Justice Fischer in his dissenting opinion, warning that judges could endorse candidates for prosecutor then have to recuse themselves in all criminal matters. Now that might get really awkward – and costly for taxpayers.

* * *

Pope v. Trump

Lastly, in the ongoing media frenzy over the Pope v. Trump saga, let me begin by quoting from my "Compendium: Catechism of the Catholic Church" from 2006, which Pope Benedict XVI said "contains – in concise form – all the essential and fundamental elements of the Church's faith."

Fair enough. So what does the book say about war? 

In response to the question "When is it morally permitted to use military force?," here are the answers. The use of military force is morally justified when the following conditions are present:

• The suffering inflicted by the aggressor must be lasting, grave and certain;

• All other peaceful means must have been shown to be ineffective;

• There are well-founded prospects of success; and

• The use of arms, especially given the power of modern weapons of mass destruction, must not produce evils graver than the evil to be eliminated.

In other words, Check, Check, Check and Check for the United States' efforts to stop Iran from producing and using a nuclear weapon.

There ought to be a no partisan politics at the pulpit rule. And that includes the pontiff.

Now as to Trump's response to Pope Leo: Predictably obnoxious. Trump wins nothing by reacting like a spoiled child on social media.

Let the Pope save souls, and let the president defend the U.S. and its allies against a terrorist regime.

Opinons vary.

Rory Ryan is publisher and owner of The Highland County Press, Highland County's only locally owned and operated newspaper.