Month: September 2017

Comment Of The Day: “Deferred Action for Childhood Arrivals (DACA) Ethics”

/ Jack Marshall / 33 Comments

I am very grateful for veteran commenter Extradimensional Cephalopod clarifying explanation regarding how and why adversaries on the “dreamer” issue so often talk past and around each other, with never the twain meeting. The first I heard of the “Honor vs. Compassion schism” was in this 2009 essay in The New Criterion by James Bowman. I should have referenced it before. He wrote in part,

Compassion is a virtue, but it is a private, a face-to-face virtue which almost invariably ceases to be one when it takes on a public dimension. An act of compassion by a government, in the full glare of publicity, is not a virtue but a bid to be given credit for moral superiority.

Bingo.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post,Deferred Action for Childhood Arrivals (DACA) Ethics:

It’s a classic honor versus compassion schism. Honor represents orderly good, enforcing consistency and stability so that society may benefit from people knowing where they stand. Compassion represents chaotic good, making exceptions and doing things that cannot be expected or required so that society can benefit from such kindness. Both are necessary, but they must be balanced against each other.

Because your position is based on honor, and makes sense in that context, it’s impossible for people to rebut it in those terms. Instead, they assert that the harm allowed by not extending compassion outweighs the benefits provided by honor, or they reject the concept of honor entirely. They don’t really understand honor or the harm done by dismantling it. Maybe they never noticed the benefits of honor, and only saw its negative effects, or they were oppressed by an ill-conceived brand of honor. Continue reading →

Unethical Quote Of The Month: Simon Radecki

/ Jack Marshall / 9 Comments

“You probably haven’t seen the news. Can you confirm whether or not your daughter Bridget has been kidnapped?”

–Pennsylvanian Simon Radecki of Northampton County, asking Senator Pat Toomey a question at a public town hall relating to the President’s decision to suspend the DACA.

It’s seldom one sees a deliberate breach of question and answer ethics from a member of the public (journalists breach these all the time, but they also are held to higher standards).Radecki’s question to the Senator qualifies, and is about as odious as the breed gets.

To begin with, the question was framed as a lie, suggesting that there was any report to confirm. It was also vicious, an intentional infliction of emotional distress (a tort), a plausible threat, and a direct Golden Rule breach. Nobody would want to have someone falsely report that his daughter was the victim of a crime or in mortal danger, yet this is exactly what Radecki did to Toomey. To add to the question’s unethical pedigree, Radecki dragged Toomey’s innocent 16-year-old daughter ( Ivanka Trump-hate  notwithstanding, being the child of a Republican is not yet a crime)  into a political controversy, exploiting her and employing her as a tool of partisan attack.

Nice. Continue reading →

Morning Ethics Warm-Up, 9/7/2017: Compromise, Competence, Verrit, A Congressional Jerk, And Democratic Crooks Don’t Matter…

/ Jack Marshall / 34 Comments

Good Morning!

1 President Trump stunned the political world and particularly the left’s “I hate him” news media by crossing party lines and cutting a debt deal with Democratic leaders in defiance of his own hyper-partisan party. One reason they were stunned is because this is what competent Presidents do and are supposed to do in order to govern, and we have just finished eight years with a previous President who was unwilling and incapable of doing it.

This single episode doesn’t make Trump a competent President, but it does show that he is competent in at least one aspect of democratic leadership (Obama was competent at exactly two: appearing Presidential and speaking coherently), and has some guts. The demonstrated ability to negotiate and the willingness to act in the teeth of furious opposition were two characteristics that the advocates of his candidacy cited as justification for electing him.

It is also dawning on some that the structure of the DACA executive order may well be to fashion the measure as a bargaining chip to be cashed in later. This is also the kind of thing competent leaders do.

2. There is a new website called Verrit, which appears to be an openly, proudly, left-biased news source which purports to “verify” news stories, obviously based on its own progressive world view. Verrit founder and CEO Peter Daou told the news media,

“We’re in a time now where you just no longer trust anything that you’re reading,” Daou said. “Facts are now in question. Reality is now in question. So we want to do something where we rigorously vet these facts and we actually stand by our research and put an authentication code on every fact that we put up.”

And what qualifies Verrit as a fair and objective “authenticator”? Apparently it is the virtue of being hard-progressive and anti-conservative to the bone. Here is a recent Verrit collection of its “cards”:

Continue reading →

Ethics Alarms Baseball Ethics Special Report: The Boston Red Sox, Sign Stealing, Technology, And Cheating [UPDATED]

/ Jack Marshall / 23 Comments

[I got the news about Major League Baseball’s announcement that the Boston Red Sox had admitted that some of the team’s employers and players had engaged in illegal sign-stealing about an hour before the Sox-Blue Jays game was scheduled. My intent was to write the post about it last night after the game. The game, however, went 19 innings and lasted 6 hours. (The Sox won, and absent this scandal, it would have been a big news story itself, one of the most important victories of the year and one that set several team records.) So the post didn’t get written, and believe it or not, I have occasional priorities and commitments that take precedent over my profit and income free ethics blog. Thus I consider the multiple e-mails and Facebook messages I have received accusing me of ducking the issue less than amusing, an unwarranted attack on my integrity. To all of those individuals, most of whom barely read the news reports, I say, “Bite me.”]

Yesterday afternoon the New York Times broke the following story, which reads in part:

Investigators for Major League Baseball have determined that the Red Sox, who are in first place in the American League East and very likely headed to the playoffs, executed a scheme to illicitly steal hand signals from opponents’ catchers in games against the second-place Yankees and other teams, according to several people briefed on the matter.

The baseball inquiry began about two weeks ago, after the Yankees’ general manager, Brian Cashman, filed a detailed complaint with the commissioner’s office that included video the Yankees shot of the Red Sox dugout during a three-game series between the two teams in Boston last month.

The Yankees, who had long been suspicious of the Red Sox’ stealing catchers’ signs in Fenway Park, contended the video showed a member of the Red Sox training staff looking at his Apple Watch in the dugout. The trainer then relayed a message to other players in the dugout, who, in turn, would signal teammates on the field about the type of pitch that was about to be thrown, according to the people familiar with the case.

Baseball investigators corroborated the Yankees’ claims based on video the commissioner’s office uses for instant replay and broadcasts, the people said. The commissioner’s office then confronted the Red Sox, who admitted that their trainers had received signals from video replay personnel and then relayed that information to Red Sox players — an operation that had been in place for at least several weeks.

As reported by ESPN, Baseball Commissioner Rob Manfred said in a statement,

“We actually do not have a rule against sign-stealing. It has been a part of the game for a very, very long time. To the extent that there was a violation of the rule here, it was a violation by one or the other [team] that involved the use of electronic equipment. It’s the electronic equipment that creates the violation. I think the rule against electronic equipment has a number of policy reasons behind it, but one of them is we don’t want to escalate attempts to figure out what a pitcher is going to throw by introducing electronics into that mix.To the extent there was a violation on either side, we are 100 percent comfortable that it’s not an ongoing issue, that if it happened, it is no longer. I think that’s important from an integrity perspective going forward.”

This is a complicated story, and part of not one complicated ethics category, but several: technology ethics, baseball ethics, cheating, and general ethics. In the interests of clarity, I’m going to cover the story in a series of short observations, each with a heading. At the end of this post, I have posted a long published essay I authored about baseball ethics within the culture of the game. Those who are not familiar with these issues, which are fascinating, might want to read that first. it is helpful background information.

Points and Observations:

  • Traditional sign-stealing in baseball is not regarded as cheating. This seems counter intuitive because of the word “stealing.” Sign-stealing refers to teams decoding the signals given by the catcher to the pitcher (regarding what kind of pitches to throw and where ), and the coach or the dugout to a batter or baserunner (in bunt and hit-and run plays). Theoretically, knowing the other team’s signals provides an advantage, as to a batter who knows that the next pitch will be a curve rather than a fastball. Usually, signs from the catcher to the pitcher are in jeopardy when there is a runner on second base. He can see the catcher’s signs as well as the pitcher can. Catchers use finger-signs in various combinations to ask for various pitches, and position their gloves to indicate where they want the balls thrown. If the runner at second can signal to the batter what the catcher has told the pitcher to throw, the batter may have an advantage.

This is why catchers often go to the pitching mound when a runner is on second base. They change the signs. The second baseman will often join them, because it is his job to know what pitch is being thrown so he can signal (usually behind his back, using his hand) to his team’s outfielders. An outside fastball makes it unlikely that the batter will pull the ball, for example.

Sign-stealing on the field, using just eyesight and hands, is what players call “the game within the game.” Joe Girardi, the Yankee manager, said in an interview yesterday that he just assumes every team is trying to steal signs, whether they are or not. Continue reading →

Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

/ Jack Marshall / 12 Comments

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading →

Ethics Quote Of The Month: Hillary Clinton In Her Upcoming Book, “What Happened”

/ Jack Marshall / 55 Comments

You see the quote above. This is a section of one of the excerpts being doled out to the media and public to build interest in Clinton’s latest book. In the excerpt she blames Bernie Sanders, among others, for her defeat, saying that his attacks against her during the primary caused “lasting damage” and laid the foundation for “(Donald) Trump’s ‘Crooked Hillary’ campaign.”

Observations:

1 As with her earlier excerpt about how she wishes she had acted more assertively when Donald Trump was “stalking her” during a debate, Clinton displays the opposite of leadership instincts here. Although she was the one offering herself as the leader of the free world, she whines that she was rendered powerless by the advice of others and the recommendation of President Obama. Saying that she felt that she was “in a straitjacket” is simply admitting that she was indecisive and accepted the judgment of others over her own. However, that decision was hers; she was not in a straitjacket, and she is accountable for the ultimate decision to “lay off Bernie.” She can’t credibly blame anyone else.

2. Bernie Sanders was as inoffensive and respectful as opponent as Hillary could have possible drawn for the Democratic Party nomination. His obvious reason for running was to get a national platform for his far-left, Socialist positions. He was too old, he was eccentric, and he wasn’t even a Democrat. Like Barack Obama, who also ran against Hillary believing that he had no chance, Hillary’s lack of charisma, chilly public persona and inherent untrustworthiness suddenly made Sanders’ underdog candidacy viable. Nonetheless, as Ethics Alarms discussed during the campaign, Sanders never behaved as if he was committed to winning. Most remarkably (and unforgivably for his supporters), he gave a pass to Clinton on her e-mail server scandal, saying more than once that he didn’t care about her “stupid e-mails.” Since Clinton was lying about, double-talking around, spinning and ducking the issue almost daily, this was a gift that no other serious candidate would have given her. Yet she’s blaming Bernie now for not being even less competitive.

Incredible! Continue reading →

Foundation For Individual Rights In Education (The FIRE) Report: America’s Top Universities Deny Students Fair Hearings

/ Jack Marshall / 10 Comments

(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)

The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:

“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.

“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”

FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.

Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”

Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….

The report later says that not one institution covered by the study received the top grade. Continue reading →

Morning Ethics Warm-Up, 9/5/17: “Close Encounters,” A Bad Bank, A Jaw-Dropping Tweet, Sentimentalizing DACA, And More

/ Jack Marshall / 20 Comments

GOOD MORNING!!

1. A remastered “Close Encounters of the Third Kind” is in theaters now, and I have mixed feelings about the fact that it is not attracting many ticket-buyers. Spielberg is incapable of making a bad movie, and even his most annoying films (like this one) are thought-provoking and entertaining compared to most of the junk we are getting from Hollywood now. But “Close Encounters” is an unethical movie that bothers me more every time I see it.

The film celebrates hippy spiritual fanaticism for no good reason. Why does everyone get all misty-eyed over these angelic, long-armed  aliens who think they have leave to kidnap human beings, including babies, take them away from their families and disrupt their lives, and then dump them off in another place and time? Why is Richard Dreyfus smiling about that, the idiot? Meanwhile, his character has forgotten about his own wife and kids, never giving them a second thought once he goes E.T. hunting. (And why is Terri Garr treated so badly in her movies by alleged protagonists? Dustin Hoffman used her as a door mat in “Tootsie,” too.)

2. As an addendum to the previous post about DACA ethics, consider this example of how the news media sentimentalizes and propagandizes illegal immigration: the Washington Post’s heart-tugging and misleading story with the headline, “He was brought to Virginia as a toddler, deported at 19. He died in an overheated tractor-trailer trying to return.”

“He” was an illegal immigrant, though the Post uses the deceitful “undocumented immigrant” euphemism, as if he lost his library card or something. His name was Frank  Fuentes, and he was quite rightly deported a year after he pleaded guilty to assault and battery as well as grand larceny­/pickpocketing in 2016. He died trying to break the law, and while dealing with the criminals who smuggle people into the U.S. in trucks. The fact that Fuentes didn’t deserve to die is waved by the Post like a crimson flag to distract from the fact that he had no right to be in the U.S., and no right to sneak back in.

Ah, but he was a good man at heart, who “loved skateboarding and music.”  “We all make mistakes,” the post quotes a friend as saying, not noting that this is the go-to rationalization for every law-breaker from Billy the Kid to Joe Arpaio. “He wanted to be better for his family and his mom . . . that’s all he cared about.”

What the Post is doing  isn’t reporting. It is selective, manipulated sentiment designed to obscure the real issues in illegal immigration. This kind of coverage is why polls about “dreamers” reflect shallow emotion-based reflex, not serious, informed consideration.

3. Sam Stein, formerly the Huffington Post’s senior politics editor now writing for  The Daily Beast, tweeted,

Discuss.

4.  The president of the Cleveland Police Patrolmen’s Association, announced that the police union’s members will refuse to hold the American flag as planned at the NFL’s Cleveland Brown’s home opener, after nine Browns players took a “Kaepernick” and knelt during the national anthem in a pre-season game with the New York Giants.

“It’s just ignorant for someone to do that,” Steve Loomis told reporters. “It just defies logic to me. The fact that management was aware of what they planned on doing, that’s as offensive as it can get.”

Good for the union. The NFL has been cowardly and irresponsible by not confronting and ending these demonstrations against the United States in general and police in particular, starting with its non-action when the St. Louis Rams performed a “Hands up! Don’t shoot! display in 2014. Kaepernick specifically had said, in his various vague posturings, that police were among the  targets of  his kneeling stunt, making the ignorant statement that officers in police-involved shootings should not collect a salary while investigations were pending (unlike, say, the many NFL players who have been suspects in criminal investigations).

Among the many functions of professional sports teams is to bring communities together, not divide them. Players are free to express their political positions, however ill-informed, off the field if they are willing to take responsibility for them, which may involve negative team action and fan anger. Cleveland, where 12-year old Tamir Rice was shot by an incompetent cop, is an especially sensitive place for an anti-police demonstration to take place.

The comments on the article at the link are depressing, as in knee-jerk and foolish. Continue reading →

Deferred Action for Childhood Arrivals (DACA) Ethics

/ Jack Marshall / 161 Comments

President Trump, we are told, is considering or has decided to end President Obama’s Deferred Action for Childhood Arrivals, reportedly with a six month delay to give Congress a chance to  pass a law addressing the issue. The Obama-era program, instituted by executive order,  grants two-year renewable work permits to those brought into the country illegally as children.

There are legitimate arguments for and against this policy. Even saying this is blasphemy for its supporters, whose brains, reasoning and sense of national interest have been completely swallowed by Ethics Alarms Rationalizations #55, “We’re Better Than This!” and #56, “Think of the Children!”

Jenifer Rubin, the conservative Washington Post blogger who has been driven both leftward and also near madness by her hatred for Donald Trump, authored a post titled “Ending DACA would be Trump’s most evil act.” Evil! Naturally, she attributes the decision to racism. On Facebook, the progressive echo chamber where most of my friends dwell doesn’t even require an explanation  of why eliminating DACA is proof of a malign soul. “Trump will end DACA Tuesday!” a distinguished Trump-hater writes, as if it were self-explanatory, like “Trump will broil and eat Nancy Pelosi with a nice Chianti.”

I guess I’m evil too. To begin with, Obama violated the Constitution with his unilateral edict that should have been a bill, passed the old-fashioned way, with it being voted on by Congress and signed into law, or not, by the President. The President should end every single one of Obama’s over-reaching, unconstitutional end-arounds of Due Process that exceeded his office’s powers, whether Trump agrees with them or not. The integrity of our system is the most important thing of all, and he is sworn to protect it.

That is the procedural and precedentiary justification to end DACA. There are ethical and legal reasons too. Never mind, apparently. What matters in this issue are feelings. The argument is so marinated in sentiment and emotional blackmail—if you don’t love “the dreamers,” then you are a monster—that a coherent and responsible debate is literally impossible. All of the emotion-based arguments employed to argue that the illegal immigrant children who piled up at the border during the Obama administration should be allowed to cross the border, or that the U.S. should accept, barely vetted, refugees from nations packed with terrorist activity because their children weren’t terrorists have been repurposed in this debate, plus others. I am especially unmoved by the Hurricane Harvey line of argument: because some “dreamers” have done yeoman rescue work  in the wake of the flooding, the fact that they are in the country illegally should be forgiven, and not only that, take that fact as validation of the desirability of ALL “dreamers.” Continue reading →

Morning Ethics Warm-Up, 9/4/17: Labor Day, Google Being Evil, Antifa, And Hollywood

/ Jack Marshall / 104 Comments

Good Morning!

1.Happy Labor Day! My dry cleaner has a sign out that reads, “Happy Labor Day! Support Our Troops!” Now, any day is a good day to support our troops, but I strongly suspect that this is an unfortunate example of our increasing cultural and historical ignorance (ignorance that the war on statues and memorials will exacerbate, and that’s the intention). No holiday is more misunderstood than Labor Day, and the news media barely makes an effort to remedy the problem.

Ethics Alarms explained the history behind the holiday in a 2012 post that began,

Labor Day commemorates one of the great ethical victories of American society, and not one in a hundred Americans know it. Labor Day marks the end of summer, and a time for retail store sales, and the last chance to get away to Disney World, but few of us think about the real meaning of the word “labor” in the name, and how it is meant to honor brave, dedicated men and women who fought, sometimes literally, the forces of greed, political influence, wealth and privilege in this country to ensure a measure of safety, consideration, fairness and justice for the hardest working among us.

The post is here.

2. This is traditionally a big movie weekend, but it has already been declared a dud. Hollywood is having its worse summer in more than two decades.  Conservative commentators have speculated that one reason is that Hollywood’s loudly and obnoxiously proclaimed contempt for about half of its potential audience—you know, The Deplorables–has alienated a significant segment of the market. That would be nice, since Hollywood has traditionally been a unifying cultural force rather than a divisive one, and this might shock Tinsel Town into getting off its high, blind horse and doing its job. I doubt it, though.

Astoundingly, the public is not yet sick of super hero movies, one of the few genres that continues to do well at the domestic box office.  I wonder when the public will figure out this is partially political indoctrination by the Hollywood Left too: super heroes don’t use those evil guns. They just kill people with their innate powers, or, as in the not-bad NetFlix/Marvel series “The Defenders,” in ridiculously long, drawn-out martial arts combat sequences that resemble ugly dancing more than real fighting. Some of the heroes are bullet proof, however.

The flaw in this anti-Second Amendment propaganda is that real people do not have super powers, and there aren’t any super heroes running around protecting them. Continue reading →