Month: December 2017

From The Ethics Alarms “Deceit Is Lying, And Stop Saying It’s Not!” Files: Baseball Commissioner Rob Manfred Is An Ethics Dunce, So Is Craig Calcaterra, And Since They Are Both Lawyers, They Should Know Better

/ Jack Marshall / 12 Comments

My goals are modest. Before I die, I would like to be able to say that my cyber-output on ethics accomplished a few basic things. One of them is a greater public understanding that deceitful statements—you know, like “I did not have sex with that woman,” or my recent favorite, knife-murderer O.J. Simpson saying  at his parole hearing, “I’m in no danger to pull a gun on anybody. I’ve never been accused of it. Nobody has ever accused me of pulling any weapon on them”—are lies. Not “technically true,” not “lawyerly phrasing,” but lies. Yesterday one lawyer who should know better incorrectly told his readers than another lawyer who engaged in deceit wasn’t lying. I’m sick of this.

I’m sure most of you don’t know or care, but the sad Miami Marlins, the National League baseball team recently taken over by a group headed by former Yankee shortstop Derek Jeter, has been selling and trading off its best players to pare expenses to the bone. This is a long-term strategy called “tanking,” in which a team rebuilds by playing horribly and getting high draft choices for a few years, eventually building up a young, cheap talent base of a winning team. A team’s fans tend to despise this approach, and Marlins fans more than most, since this is the third mass sell-off in the team’s short and ugly history.

MLB commissioner Rob Manfred appeared on Dan LeBatard’s ESPN radio show yesterday to discuss the most recent recent Miami fire sale.  LeBatard asked Manfred directly if he was “aware of Jeter’s plan to trade players and slash payroll.” Manfred ducked and weaved, and said, “We do not approve operating decisions by ownership, new ownership, current owners or not, and as a result the answer to that question is no.”

LeBatard called  this a lie, responding, “You can’t tell me you’re not aware of this…were you aware of this?”  Manfred then said, “No, we did not have player-specific plans from the Miami Marlins or any other team . . .” He also said that the league did not see a payroll plan from the Marlins “until two days ago.”

Yet  the Miami Herald reported after the interview:

A source directly involved in the Marlins sales process, after hearing the Le Batard interview, said, via text: “Commissioner said was not aware of [Jeter] plan to slash payroll. Absolutely not true. They request and receive the operating plan from all bidders. Project Wolverine [the name for Jeter’s plan] called on his group to reduce payroll to $85 million. This was vetted and approved by MLB prior to approval by MLB. Every [Jeter] investor and non investor has the Wolverine financial plan of slashing payroll to $85 million. Widely circulated.”

Here NBC baseball blogger Craig Calcaterra, formerly a practicing attorney, and thus accorded some credibility on such topics, wrote, Continue reading →

Morning Ethics Warm-Up, 12/21/2017: Shut Up And Act, Tom…

/ Jack Marshall / 71 Comments

GOOD MORNING!

Finally! I get to hang the collected history of three families that are our tree ornaments. You know, the fun part…

1 And this is why actors speak from scripts. Tom Hanks, pimping for the mainstream news media-extolling Washington Post movie, the one with Harvey Weinstein enabler Meryl Streep playing Katherine Graham, actually uttered this Authentic Frontier Gibberish:

“It is relatively obvious, I think, what is trying to go forward, when you tear down these institutions to a level of, so you can’t believe anything that is in any of them. That raises the stock of those agenda-filled other institutions and whatnot, so that if you can’t believe them, well, that means you get to believe some of the other stuff that is in these.”

I have generally thought Hanks unusually thoughtful for an actor, but this is disgraceful. First, whatever diminishment journalism has suffered in credibility is 100% the fault of journalists, their arrogance, their incompetence, their bias, and their deliberate abandonment of their own stated ethics principles. 100%. Second, Hanks needs a primer on trust, and to read B.F. Skinner’s work on the effects of intermittent negative reinforcement on rats. (Quick summary: it drives them nuts.) If news sources are sometimes telling the truth and sometimes spinning, sometimes lying and sometimes hiding the ball, and major, revered “institutions” like the New York Times announce mid-Presidential campaign that their mission is no longer to report facts but to stop a particular candidate, then those news sources cannot be trusted, as in “believed.”

Third,  anyone, in light of, oh, the past 20 years, who does not believe that the mainstream media organizations have “agendas” is certifiably stupid. I don’t believe Hanks is stupid, despite the fact that his statement easily makes the Garbled Syntax and Logic Hall of Blather. What he is arguing, however, is that other sources of information have agendas, while those he follows are just Undeniably Correct. Continue reading →

Introducing Rationalizations #25B, and #25C: “I’m Just Doing My Job,” and “It’s Policy!”

/ Jack Marshall / 56 Comments

Here are two  more rationalizations for the list, bringing the grand total to 89.

#25B  The Nuremberg Rationalization, or “I’m Just Doing My Job!”

Amazing: 87 previous rationalizations described, and the word “Nuremberg” did not appear once.

Rationalization # 25. The Coercion Myth, covers the excuse for unethical conduct that the actor “had no choice,” and # 25A. Frederick’s Compulsion or “It’s My Duty!” posits that duty excuses wrongdoing. #25 B follows the theme of denying free will by using the fact of employment to justify or excuse unethical conduct. It embodies the defense of the Nazi officers at the Nuremberg Trials that because they followed the orders of others, they were simply agents, and their horrible crimes against humanity should not bring them punishment…after all, they had no choice. It was their duty to follow orders, because that was their job.

We all need jobs, but we all have a choice whether to remain in a job or not. Sometimes it’s not a very attractive choice, and even a frightening one, in which choosing the ethical course requires personal sacrifice. Nonetheless, when a job requires one to commit unethical acts, the choice is this: quit the job and refuse to perform the unethical act, or commit the unethical act, following orders but accepting the responsibility, accountability and consequences of doing so.

For inspiration, we need look no further than the first admittee to the Ethics Alarms Heroes Hall of Honor, the amazing Henri Salmide.

From the Ethics Alarms post:

In 1944, Salmide was a German officer in the 159th Infantry Division of the German army occupying the French city of Bordeaux, the largest seaport on the west coast. It was August 19, and Allied Forces were spreading out from the beaches at Normandy and taking control of the war. An order came from Berlin calling on the Division to destroy the entire seven miles of port infrastructure before abandoning the city. The port’s destruction was scheduled to occur within a week.

“It fell to me,” Salmide recounted in an interview, because, as head of the bomb disposal unity, he had expertise with explosives. “I couldn’t do it. I knew the war was lost. What was the point of this, I asked myself. People would die and suffer, and the war would still be lost by Germany.”

On  August 22, he filled a bunker at the docks with detonators, plungers, timers and other hardware needed for the planned demolition. But instead of using them to destroy Bordeaux, Salmide blew them up with dynamite, in a terrifying explosion. “It was all I could do,” he said later.

French historians estimate he saved 3,500 lives by refusing to carry out his orders. About fifty Nazi soldiers died in the blast instead. “I could not accept that the port of Bordeaux be wantonly destroyed when the war was clearly lost,” he explained in an interview. “I acted according to my Christian conscience.”

Salmide deserted, and was hunted by both the Gestapo and the French authorities. He hid with the French Resistance for the remainder of the war. Then Salmide adopted a French name, married a local woman, became citizen of France, and raised his family in the very city his conscience had rescued. The Germans regarded him as a traitor, and even the French were reluctant to give him the recognition he deserved, according to his wife.

“No one wanted to admit that he had done it,” Mrs. Salmide told the New York Times. “If he had been French, it would have been easier for him.”  It was not until 2000 that the French government finally awarded him the French Legion of Honor,* and the Bordeaux City Hall said this week that it wants to erect a memorial to Salmide.

His best and most lasting memorial, however, would be for his story to be known around the world, and taught in every school, of every nation. For when any of us finds ourselves being required to act under authority to accomplish unjust and cruel ends—to blindly do our job, knowing that the results would harm others unjustly, and we wonder if it is fair for us to be accountable for our actions when, in reality, we seem to have no choice, we should recall Henri Salmide. His moment of courage should remind us that we are always accountable, and we always have a choice, provided we also have the ethics and courage to take it.

Continue reading →

Ethics Dunce: Tavis Smiley (Tavis, Please Pay Attention: The Workplace Isn’t Your Dating Bar)

/ Jack Marshall / 19 Comments

“I’ll consent to your annual raise, if you’ll consent to going out with me…deal?”

(Now this is why companies and organizations that want to avoid sexual harassment problems need effective training sessions, ideally run by me.)

Tavis Smiley, the PBS talk show host suspended from the network and currently in the process of being erased from the culture due to allegations of sexual harassment, was asked by Tucker Carlson on the latter’s Fox News show about the propriety of a supervisor having sexual relationships with subordinates in the workplace. Smiley responded with this jaw dropper:

I certainly understand that there are persons who believe that there is no such thing as a consensual relationship in the workplace. I hear that. I can respect that point of view. But there are other opinions on this. In my employee handbook we do not encourage interoffice relationships but we don’t forbid it either because I don’t know how things are going to turn out in your life and you start hanging out with our company. I don’t know who you’re going to meet. And let’s face it, nobody’s working 40-hour weeks anymore. We are working 40-, 50-, 70-, 80-hour weeks. Where else are you going to meet people in this business?

His answer was self-indicting, deceitful, ignorant, stupid, and redolent of rationalizations.

Carlson didn’t ask about “consensual relationships in the workplace.” He asked about whether relationships between women and the men who have the power to fire them, promote them, give them raises or make their working lives a living hell are appropriate. The answer is no. Of course no. Nor can they possibly be called consensual. Quite apart from that aspect, such relationships, even if they are initiated by the subordinate, constitute per se unethical management. They undermine morale. They undermine respect for and the authority of the manager. They create suspicion and distrust of the staffer. They create a hostile work environment for all the women in that workplace. destroy staffs and organizations. They are the organizational equivalents of incest. They are wrong. Always. This isn’t a new discovery either. It should be obvious.

“Where else are you going to meet people in this business?” Well gee, Tavis, it sounds like you have a choice to make. Continue reading →

Morning Ethics Warm-Up, 12/20/2017: Maybe It’s The Christmas Tree Lights That Are Putting Me In A Rotten Mood, But This Stuff Isn’t Helping…

/ Jack Marshall / 41 Comments

(It only looks this way to me…)

Good morning, everyone!

Grrrrrrrr…!

1 Again I ask: how does democracy survive this? It is so discouraging to read about facts that “the public has a right to know,” that are”fit to print,” or that must be revealed if democracy is not to “die in darkness,” and know, know, that they will not be honestly or properly covered by the mainstream news media for purely partisan and ideological purposes. It is doubly discouraging to know that so many Americans are either so brainwashed or without integrity to begin with that they will defend this betrayal…and even attack those who try to let the truth out.

There was  a story published earlier this week by Politico, which is largely left-leaning but a major source of political news on the web. It was thoroughly sourced, and thoroughly shocking.

It described how Obama administration secretly quashed efforts to stop Hezbollah from funding its operations through criminal enterprises in the United States, deliberately sabotaging US law enforcement’s efforts to fight terrorist drug and money laundering operations, by  curtailing long-standing efforts to interdict cocaine shipments in the U.S. by Hezbollah, the terrorist organization closely allied with Iran.

The federal and international effort to root out Hezbollah’s crime network predated the Obama administration:

The campaign, dubbed Project Cassandra, was launched in 2008 after the Drug Enforcement Administration amassed evidence that Hezbollah had transformed itself from a Middle East-focused military and political organization into an international crime syndicate that some investigators believed was collecting $1 billion a year from drug and weapons trafficking, money laundering and other criminal activities.

But President Obama was determined to get his nuclear deal with Iran done in his second term, so this effort was suspended by executive directive. “This was a policy decision, it was a systematic decision,” said Politico’s on-the-record source David Asher, a Defense Department official charged with tracking Hezbollah’s worldwide criminal enterprise “They serially ripped apart this entire effort that was very well supported and resourced, and it was done from the top down.” Continue reading →

Sarah Huckabee Sanders’ Tweet: Is This The Most Perfect Example Of Ethics Estoppel Ever?

/ Jack Marshall / 31 Comments

To recap from past posts and comment threads. ethics estoppel attaches when a public figure makes an ethics-related assertion or levels criticism of conduct that he or she is uniquely unable to make without inducing near fatal laughter in all who read or hear it, since the position is so obviously and audaciously at odds with the individual’s own past behavior or statements. The current statements may be wise, true or have validity, but their speakers’ past so undermines their credibility on the topic under discussion that they actually weaken the otherwise legitimate position by the identity of its advocate. Thus such advocates should shut up.

It is not the same as hypocrisy. An individual can change his or her beliefs: a former drug user is not being hypocritical when he says one should not use drugs. Even a current drug user may not be hypocritical to make the same statement. However sincere they may be, however, those who were prominent violators of the principles they are currently espousing are terrible advocates.

The late Senator Ted Kennedy apparently understood ethics estoppel long before Ethics Alarms defined it. As a Democratic member of the Senate Judiciary Committee when Anita Hill ambushed Clarence Thomas, Kennedy was unusually silent, especially for a Senator who had been the designated attack dog against other Republican Supreme Court nominees, notably Robert Bork. However, the idea of Ted “Chappaquiddick” Kennedy—or any Kennedy, really—criticizing someone else for alleged sexual misconduct was too ridiculous. Ted knew he was ethically estopped from weighing in.

White House spokesperson Sarah Huckabee Sanders got in a twitter war with Congressman Ted Lieu (D-Cal)—the reason is irrelevant—and Sanders tweeted in part,

“You should spend less time tweeting, more time doing your job.”

Well. Continue reading →

I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t)

/ Jack Marshall / 37 Comments

Jerry Richardson (above), the 81-year-old original owner of the Carolina Panthers in the NFL,  has decided that rather than ride out the sexual harassment allegations  recently reported  by Sports Illustrated, the wisest (and most lucrative course) will be to sell the team after this season. His profit will be somewhere in the billions, not that he isn’t a billionaire already.

New York Times sportswriter Juliet Macur is grievously offended by this, writing,

“Here’s what would make more sense: For Richardson to announce that the proceeds of the sale — or even just a couple hundred million? — would be donated to the women he harassed…[Many men] have been chased from the top of their professions for disgusting behavior involving women they worked with. They are suddenly pariahs, their reputations destroyed. But they remain very rich men, and their families, for generations, will be able to live off the financial rewards they collected while perpetuating these offenses….Richardson, who made his fortune in the fast-food industry, might be the richest of all the men accused in the #MeToo movement so far. Perhaps it’s appropriate, in a legal sense, that he is able to sell his company and walk off the stage. But it doesn’t seem morally fair that he should benefit so richly from it.”

This is pure, unadulterated emotionalism and indignation unfiltered by thought or coherent societal values. If these are the kinds of ethical arguments—and it is an ethical argument–major information sources are going to publish as worthy of being injected into public discourse, we might as well tear up the laws, forswear ethical systems, embrace passion, anger, vengeance and the rest as our sole tools to govern human affairs, and resign ourselves to chaos. Continue reading →

Ethics Hero: Texas Ranger Pitcher Cole Hamels

/ Jack Marshall / 5 Comments

This has been a terrible year for Ethics Heroes. No, I don’t consider a sexual harassment or sexual abuse victim who comes out and accuses a man ten years after the alleged incident a hero. A hero would risk her own interests and welfare to protect all the potential victims over those ten years, by blowing the whistle before the harm to others, not after it. No, millionaire football players who engage in pointless and incoherent protests to turn what should be a unifying public event into a divisive one aren’t heroes either.

Maybe I need to do a post on all the phony “heroes” of 2017. There were a lot of them.

Cole Hamels, however, is a real ethics hero.  The 33-year-old Texas Ranger pitcher and his wife Heidi are donating  their 32,000-square-foot mansion and 100 acres of land in southwest Missouri to Camp Barnabas, a charity that provides camps for children with special needs and chronic illnesses. The Hamels’ gift is valued at $9,418,400.

In the statement,  the athlete said that he became committed to the mission of  Camp Barnabas as he learned about the charity. “Seeing the faces, hearing the laughter, reading the stories of the kids they serve; there is truly nothing like it,” he said. “Barnabas makes dreams come true, and we felt called to help them in a big way.” Continue reading →

Morning Ethics Warm-Up, 12/19/2017: ‘Due Process? We Don’ Need No Stinkin’ Due Process!’

/ Jack Marshall / 16 Comments

Good Morning!

(Lights on the tree about 30% done, and the prickle wounds aren’t infected so far..)

1 Now, now, let’s not forget the wisdom of Joseph Goebbels...More questions about the objectivity, professionalism and fairness of the Meuller investigation are roiling D.C., even though the President isn’t about to fire the Special Counsel, though the mainstream news media went out of its way last week to make you think he was.

For example, were you following the Bruce Ohr fiasco? The former associate deputy attorney general, who was supposed to appear yesterday before the leaky Senate Intelligence Committee yesterday but didn’t, was demoted by the Justice Department when it was revealed that he had not disclosed that he had met with with officials from Fusion GPS, the people who prepared the salacious and discredited “Trump dossier.” Ohr had been part of the Meuller investigation too, but then it was learned that that his wife not only worked for Fusion GPS,  she worked on the anti-Trump opposition research that was apparently paid for by the DNC and the Clinton campaign. Is it partisan to question  how Meuller allowed people like Ohr and Strzok to be on his team in the first place? No, it’s not. In fact, it’s partisan NOT to ask that.

Meanwhile, Trump’s lawyers have challenged Mueller’s grab of transition team e-mails as a likely breach of attorney client privilege. (This will be in my next year’s Government Lawyer Ethics seminar for sure.) Writes attorney Robert Barnes, in part, on LawNewz:

According to published reports, Special Counsel Robert Mueller engaged in a mass seizure of all emails of the Trump transition team without even a warrant or a subpoena. In my opinion, a mass seizure – as is alleged here against Mueller – cannot conform to either Fourth Amendment standards or attorney-client privilege protections. The questions boils down to this: was there a reason for the individuals communicating by email, including with their lawyers, to believe their communications were private or privileged? Or, did the individuals forever waive or “implicitly consent” to any future search or seizure of their emails?

…The Mueller search runs afoul of many…established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.

The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law…

These are legitimate issues, yet the media, as usual, is soft-peddling them and spinning them as mere Trump obstruction. Worse, however are the multiple Democrats, including a Senator on CNN yesterday, who I have heard repeat a version of the despicable statement that recently earned New York Times editors a collective Ethics Dunce: “If he’s innocent, he has nothing to worry about.”

Please, please reassure me that we don’t have a major political party that is circulating that motto of despots, grant inquisitors, dictators and the Salem witch trial judges as a talking point. Please!

Continue reading →

Q: What Do You Get When You Cross Human Arrogance, Virtue Signalling, And Cruelty To Animals? A: A Vegan Animal Shelter

/ Jack Marshall / 26 Comments

“You’re kidding, right? You don’t actually expect me to eat this crap. do you?”

Here’s my latest theory:  California progressives have decided that they can adopt any left-sounding idea, no matter how crazy, and get away with it, so sometimes they propose these things just to see if there’s nothing Californians won’t accept if it has the right progressive label.  That’s the only explanation I can come up with for this story.

A proposal pending before the Los Angeles City Board of Animal Services Commissioners would make the city’s animal shelters the first vegan system in the nation. That’s right: the dogs in the city’s care  would be placed on a strict vegan diet. Maybe the idea is to have the dogs beg to be euthanized.

Supporters  include musician and animal rights activist Moby and the most unethical feminist lawyer in captivity, Lisa Bloom, who want to make L.A. shelter dogs “the vanguard of a meat-free movement.” Commissioner Roger Wolfson, a Hollywood screenwriter, was the genius behind the proposal, which he justifies by his desire to bring down the meat industry and his belief the “feeding animals to animals” is unethical.

Yes, he’s an idiot.

“We have to embrace the fact that the raising and killing of animals for food purposes must only be done if we have absolutely no other choice,” Wolfson said at the council meeting debating the issue. meeting. “This is about the long-term survival of every man, woman and child in this room, and all of the people in our lives.”

In other words, screw the dogs, this is about politics and exploiting animals for a progressive human agenda. Got it.

Is it too late for me to propose feeding the dogs illegal immigrants? KIDDING! Jeez, nobody has a sense of humor about anything these days…. Continue reading →