Sexual Harassment, Victim Blaming, Toxic Corporate Cultures, President Trump’s Defense and Other Ethics Notes On Bill O’Reilly’s Fall (Part I)

As you probably know by now, Twenty-First Century Fox Inc ended its relationship with Bill O’Reilly at Fox News following what are being called allegations of sexual harassment, the revelation of them in the news media despite Fox’s pay-out of over $13,000,000 to the women who were involved, and a subsequent wide-spread boycott of his high-rated show “The O’Reilly Factor.”

Ethics Observations:

1. Good. Long, long overdue, but good. Fox News should have fired O’Reilly after the first sexual harassment episode which was years ago; it is a firing offense in ethical organizations for most employees, and the fact that Fox allowed its most influential and most profitable star to skirt accountability and survive to harass again was a classic example of the rationalization known as The King’s Pass, or The Star Syndrome.

2. The fact that Fox News creator, leader, and boss Roger Ailes was also jettisoned after a sexual harassment scandal showed at the time that the organization had developed an unethical culture that was hostile to women….as Ethics Alarms pointed out last July. (“There seems to be a culture of sexual harassment at Fox, coming down from the rotting fish head in charge, Roger Ailes.”)  This was the other shoe dropping.

3. O’Reilly issued a carefully crafted statement composed with the assistance of a “crisis consultant”:

“Over the past 20 years at Fox News, I have been extremely proud to launch and lead one of the most successful news programs in history, which has consistently informed and entertained millions of Americans and significantly contributed to building Fox into the dominant news network in television,” O’Reilly said in a statement. “It is tremendously disheartening that we part ways due to completely unfounded claims. But that is the unfortunate reality many of us in the public eye must live with today. I will always look back on my time at Fox with great pride in the unprecedented success we achieved and with my deepest gratitude to all my dedicated viewers. I wish only the best for Fox News Channel.”

I would say the Bill is lying through his teeth with the “unfounded” part, but sexual harassers often don’t think they have done anything wrong. They think they were just being “nice,” or they think their advances were misunderstood, or they believe that the harassment accusations are a cover for something else. Ailes also denies that he did anything wrong. This is typical. It would have been a wonderful thing if O’Reilly could admit that his conduct was wrong and apologize to the victims while sincerely promising to change, but like most harassers, he couldn’t mount the character and the acknowledgement of hard reality to do it.

4. What is more damaging, perhaps, is that so many of O’Reilly’s fans and followers will believe his self-delusion because they also don’t “get” sexual harassment, and think the whole issue is manufactured feminist nonsense and political correctness. Boys will be boys! Everybody does it! 

5. If there is anyone who is informed and intelligent and still followed Bill O’Reilly without constant cognitive dissonance, they should be ashamed of themselves. If one was alert, Bill constantly revealed himself as a blowhard who was convinced he was smarter than he was, or perhaps more accurately, knew he was faking it and adopted a assertive, intimidating and self-righteous persona as cover for his own insecurities.  Continue reading →

About Fox News’ Fake Judge

In a post on the Legal Ethics Forum, not as active as it once was but still one of the best legal ethics sites around, Legal ethicist and law professor Steve Lubet clarifies something I have always wondered about, and like a lazy slug, never investigated.

Fox News contributor Andrew Napolitano, most recently in the news for claiming that the British intelligence service GCHQ  colluded with President Obama to conduct surveillance on the Trump staff during the 2016 campaign, is always called “Judge Napolitano” during his appearances.  Lubet points out that he’s not a judge any more. Napolitano once served on the New Jersey Superior Court, but resigned in 1995 and has not held judicial office for more than two decades. It is apparently at Napolotano’s insistence that he is always addressed  as “Judge”  in Fox. His website, JudgeNap.com, refers to him as “Judge Napolitano” throughout, as does his bio on the Fox News site.

Lubet notes that The American Bar Association has held that  the use of  judicial titles by former judges practicing law is misleading and unethicalin connection with law practice.  ABA Formal Opinion 95-391 says that continued “use of the title is misleading because it may be misunderstood by the public as suggesting some type of special influence” or “to create an unjustified expectation.” In fact, said the ABA, “there appears to be no reason for such use of the title other than to create such an expectation.” Of course, Napolitano isn’t practicing law when he bloviates on Fox News, so it isn’t a Rules violation, but the Judge label is still misleading

The Ohio Rules of Professional Conduct, Lubet found,  goes further by decreeing that it is only ethical for a former judge to use the titles  “Judge” or “The Honorable” if they are preceded by the word “retired” or “former,” and the rule does not limit this caveat to ex-judges actively practicing law. Again, Napolitano is not out of compliance, because he is not subject to the Ohio Rules. That doesn’t make what he calls himself strictly accurate, or sufficiently accurate. (I confess, I have had a bias against such things ever since I suffered through a year with an insufferable  high school history teacher who called himself (and insisted that we call him)  “Dr. Arthur” because he had a PhD in history.) Continue reading →

The Umpire’s Botched Call, Moral Luck, And When Using Technology Becomes Ethically Mandatory

The Washington Nationals beat the Atlanta Braves on Tuesday, but if they hadn’t, we might be seeing the beginning of tidal wave of public opinion demanding that available technology be employed to avoid catastrophic umpire incompetence.

Washington had a 3-0 lead entering the bottom of the ninth. The Braves mounted a rally,scoring one run and then loading the bases with only one out. At that point Nationals manager Dusty Baker  removed struggling closer Blake Treinen  for Shawn Kelley

Kelley got his first batter to foul out, and then appeared to strike out Chase d’Arnaud, swinging. The game was over: the Nationals came out to congratulate each other, and the ground crew moved onto the field. d’Arnaud, however, argued to home plate umpire C.B. Bucknor that he had foul-tipped the ball into the dirt before the Nat’s catcher caught it. Bucknor agreed, and everyone was called back onto the field.

Kelley struck out d’Arnaud again, so no harm was done. But  videos of the “foul tip”  showed that the batter hadn’t come close to hitting the ball on the pitch Bucknor ruled a foul tip. He missed it by a foot.

If d’Arnaud, given an unearned second chance, had cleared the bases with a ringing double, the baseball world would be going nuts right now; that he didn’t was just moral luck. It went kind of nuts anyway. Bucknor is a terrible umpire, as his awful calls showed throughout the game, which was a typical performance for him. If the botched foul tip call had occurred later in the season during a crucial game, or during the post-season,  it might finally prompt Major League Baseball to use available technology and have balls and strikes called electronically, or at least have a fail-safe review system where an umpire viewing pitched on a TV monitor could instantly overrule a terrible, obvious, game changing call by the home plate umpire.

At this point, it is irresponsible for MLB not to use the Bucknor botch as impetus to make these changes now, before a disaster, realizing that a lucky near-miss shouldn’t be treated any differently. It won’t, however. It will wait until the horse has not only escaped the barn, but escaped the barn and trampled some children, before putting a lock on the door.

Is “The Most Fabulous Story Ever Told” Being Produced By The Most Unethical Theater Company There Is?

Atlanta’s Out Front Theatre Company’s production of “The Most Fabulous Story Ever Told”  opens on April 27, but Paul Rudnick’s 1998 silly comedy that recasts Bible stories with all gay characters is being protested as blasphemous. The outraged in this case is the conservative Catholic group America Needs Fatima, whose members are particularly offended by the spoof’s portrayal of the Virgin Mary as a lesbian. It has an online petition demanding that Out Front’s Artistic Director Paul Conroy cancel the production.

Sure. Like that’s going to happen.

“I fear God’s wrath will fall upon us if reparation is not made,” the hysterical screed concludes. Over 40,000 hysterics have signed it. Yes, I’m sure that God has nothing better to do than to punish humanity for a theatrical production of a 20 year-old comedy in Atlanta. The group then threatens to oppose the play “loudly, peacefully, and legally in as large a protest as we can help make possible” if the production goes forward. Idiocy, of course. Last I heard, nobody is forcing anyone to go to see the play, and the First Amendment is pretty clear about the ability of the law to censor performances based on content. The contention from the religious right in this case mirrors the Left’s fervent efforts at the moment to censor speakers they don’t agree with and “hate speech.”

If you don’t think that you will enjoy a play, the remedy is not to go see it. Simple as that. Trying to interfere with the production in any way, or to prevent those who want to see a production in which Adam and Eve become Adam and Steve, is unethical. It is also directly contrary to the principles the United States was founded to ensure.

Okay, that settles that.

Now about Out Front Theater Company….

Continue reading →

Ethics Dunce: President Trump

 

The White House announced this week that President Trump called Turkey President Recep Tayyip Erdogan  to congratulate him on winning a sinister referendum that will lock-in his autocratic rule over the country and further erode Turkey’s democratic institutions, which are already on life-support, or maybe not even that. It is reported that 140,000 Turkish citizens have had their passports canceled. More than 100,000 people are at risk of imprisonment or worse  for being suspected of complicity in the recent the attempted coup: so far  71,000 of these have been detained, and 41,000 have been arrested.  Six thousand academics have lost their jobs, 4,000 judges and prosecutors, 24,000 policemen and security personnel, and 200 governors and their staff members. Seven thousand military personnel have been relieved of their posts. Fifteen universities, 1,000 schools, 28 TV channels, 66 newspapers, 19 magazines, 36 radio stations, 26 publishing houses and five news agencies have been shut down.

Erdogen has also imprisoned moderate Kurdish politician Selahattin Demirtas on the charge of inciting violence with his criticisms of the regime, and thousands of members of Demirtas’s political party, H.D.P., have been detained or arrested.

Our President’s irresponsible official response, if indeed he is aware of these developments  (it is all a mouse click or briefing paper away) was, in essence, “Hell of a job, Ergie!” Continue reading →

Ethics Quiz: Lying To The Dying, Or Trump Derangement Meets “The Magnificent Seven”

In “The Magnificent Seven,” the original classic, not last year’s disappointing re-make, Harry Luck (Brad Dexter) had always been convinced that the real reason the Seven had agreed to help a poor Mexican village fight a predatory bandit band was because the town had a secret treasure to share. (It didn’t.) Harry refuses to join the rest as they make one desperate effort to help the farmers, then at the peak of the gunfire gallops back into the village to join the battle–and is promptly shot. Dying, he begs Chris (Yul Brenner) to confirm his suspicions…

Harry Luck: Chris… I hate to die a sucker. We didn’t come here just to keep an eye on a lot of corn and chili peppers, did we? There was something else all along, wasn’t there?

Chris: Yes, Harry. You had it pegged right all along.

Harry: I knew it. What was it?

Chris: Gold. Sacks of it.

Harry: Sounds… beautiful. How much?

Chris: At least a hundred and fifty.

Harry: My cut would have been what?

Chris: About seventy thousand.

Harry: I’ll be damned. (He dies)

Chris: Maybe you won’t be.

Today’s news has another story involving lying to a dying man, a really stupid story.

Michael Garland Elliott, 75,  died of congestive heart failure in his Oregon home ,surrounded by his caregivers, neighbors and friends.  Right before the end, his ex-wife,spoke with him over the phone from her home in Austin, Texas.

She told him that President Trump had been impeached.   “I knew it was his very, very last moments,” Teresa Elliott told reporters. “I knew that would bring him comfort and it did. He then took his final breath.”

Your Ethics Alarms Ethics Quiz of the Day is…

Is it ethical to lie to dying friends and loved ones?

Continue reading →

Addendum: The Dishonest Tax Day Anti-Trump Protests (And The Misleading Defenses Of Them)

How quickly we forget…

I wasn’t going to post any more on this topic, but in 2012 CBS helpfully provided some historical perspective on the supposed “tradition” of candidates releasing tax returns. Some revelations:

1. Donald Trump was not the “first candidate since Nixon” to refuse to release his returns.

Who else didn’t? Why H. Ross Perot, the third party candidate who cost George H.W. Bush re-election in 1992! And what a coincidence: Perot was also a billionaire with complex finances and conflicts! Had he been elected, and that was not beyond the realm of possibility, he, not Trump, would have been the first President since George Washington without elected office experience or experience in military command.  Perot got almost 20 million votes  from Americans who presumable cared about other issues more than Perot’s tax returns, or his refusal to release them.

So Trump was following tradition and practice: the tradition and practice of all billionaires running for President to refuse to release their taxes. The tradition even extends to some half-billionaires: Steve Forbes, another businessman who made a strong run at the GOP nomination in 1996, also refused to release his returns.

(By the way, Perot’s returns were not a major issue in the election, nor did the mainstream media harp on it. But there was some semblance of fair journalism then.)

2. When tax returns are released by candidates, the opposition will still find reasons to object, raise suspicions, and claim that they are not enough. Mitt Romney released two years of returns, and Democrats said he was hiding something nefarious.

In 2008, Barack Obama released seven years of tax returns, then accused Hillary, his opposition for the nomination, of hiding something. “Senator [Hillary] Clinton can’t claim to be vetted until she allows the public the opportunity to see her finances — particularly with respect to any investment in tax shelters,” Obama’s spokesperson Robert Gibbs said. Continue reading →

Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen

 

That’s the judge lying down. At least he wasn’t wearing his robe…

Arkansas circuit judge Wendell Griffen granted a temporary restraining order last week halting the Arkansas Department of Corrections from executing seven condemned prisoners within eleven days as it had planned, as Griffen barred the use of one of the ingredients in the lethal drug “cocktail.” A federal judge followed up quickly with anothee order likewise barring Arkansas from proceeding to execute anyone with a lethal injection. Mission accomplished,  Judge Griffen decided to reward himself by attending an anti-death penalty rally in which he participated with elan, playing a condemned prisoner lying prone on a lawn chair as if it was a gurney.

What fun! And what an idiot! No ethics alarms went off, despite the fact that he was flagrantly displaying his bias against the death penalty immediately after interfering with the state’s law enforcement based on a fair and objective interpretation of the law.

State officials were outraged, and argued that Griffen’s conduct proved that he was not capable of impartiality in capital cases. Ya think?

Yesterday the Arkansas Supreme Court pulled Griffen from all pending death penalty and lethal injection protocol cases. It also referred him to the state’s Judicial Discipline and Disability Commission to determine whether he violated the Code of Judicial Conduct.

Good. Continue reading →

The Dishonest Tax Day Anti-Trump Protests

All such Anti-Trump protests should be called “We Are Furious That Our Terrible Candidate And Her Corrupt Party Lost The Election And Are Throwing An Infantile Tantrum While Rejecting  Democracy and American Institutions Until We Get Our Power Back.”  That’s all they are, every one of them. At least then the demonstrations by un-American hypocrites who want to overthrow an election that didn’t go their way would deserve props for being honest.

The Tax Day protests were the electoral college protests, the illegal immigrant protests, the women rights protests (coming up: the science protests) and all the others with just a different hook. I’m sure by now there is a well-paid public relations team charged with coming up with the next one. The amount of ill-used time, public expense , inconvenience, wasted news coverage space and accumulated idiotic rhetoric such protests will generate over the next four years should be measured somehow, because it will be staggering. Is this going to be the longest, most costly, most devisive and unethical national tantrum in U.S. history? It already is.

Just to get the alleged justification for the latest sham out of the way: President Trump has no obligation, legal or ethical, to release his taxes at this point. It would be irresponsible for him to do it, in fact.

Of course, as Ethics Alarms noted during the campaign, candidate Trump’s refusal to release his tax returns was unethical: unfair to voters, a breach of transparency; and disrespectful to the process. His oft repeated reason why he “couldn’t” release them was also an obvious lie. This episode, like so many others during the campaign, demanded consequences, and there probably were some.

Who knows how many votes it cost Trump? The conduct alone did not disqualify him for election: If he were the most qualified, competent, brilliant, trustworthy, inspiring candidate the nation had seen for decades, would the mere failure to release his tax returns have caused me, or any reasonable voter, to refuse to vote for him, and instead vote for, yechhh, Hillary Clinton? Of course not.

Whatever reason there was for Trump to take this risk and refuse to abide by long practice and tradition, the gamble worked. Now, however, there is no ethical reason to reverse that decision.The original reason the decision was unethical doesn’t exist: voters had a right to see the details of that aspect of his life before choosing him to be President. He’s not running for office now, however. Now his duty is to try to do the job he was elected to do. Yes, I know the “resistance” refuses to accept or acknowledge this, but facts are stubborn things. Now, releasing the tax returns is only demanded by one set of citizens: those who already hate his guts, reject his Presidency, want to see it fail, are willing to see the nation fail if that’s what it takes, want to cobble together reasons to impeach him, and are only interested in using the returns, whatever is in them—it literally doesn’t matter—to further disrupt his attempts to do his job.

Literally nobody who either voted for the President or who wants him to succeed in dealing with the wave of problems left festering by the inept and feckless administration before his would say that allowing Democrats and other Trump foes to have a new weapon to level against his Presidency is in the best interest of the nation. The only people who want to see his tax returns  right now want them solely as a stick to beat him with.

“Show us your fucking taxes, you emotional child!” alleged comedian Sarah Silverman screamed from the podium to appreciative  Tax Day protesters. That was representative of the attitude of every individual at every one of the Tax Day protests. I wouldn’t put any ammunition, no matter how ineffective, in the hands of someone like that. It would incompetent. It would be self-destructive. It would be stupid.

Naturally, reporters are incapable of comprehending this, because they also want to bring this President down so intensely they can taste it. The pundits are already deranged: here’s Salon’s Heather Digby Parton, explaining why Maxine Waters, a career embarrassment to Congress, is a leader because she insists that she wants to impeach Trump now:

“It may seem that Waters just has a pugilistic personality and is out front because it’s her political style to mix it up. But there is a strategy at work in this. After all, it wasn’t that long ago that a president was impeached for only the second time in history and this was over a “crime” that seems laughably insubstantial compared to the possibilities that Donald Trump could face. Just for starters, Trump’s presidential campaign is being investigated in a counterintelligence probe, and the list of his conflicts of interest are so wide-ranging and so deep that almost anything could implicate him in a corruption scandal. Impeachment is really not a far-fetched proposition.”

Again, facts are stubborn things. First of all, impeachment is always a far-fetched proposition, and was intended to be.  Conviction requires two-thirds of the Senate, and unless that is feasible, the exercise of impeachment by the House is a waste of time that paralyzes the government. Bill Clinton lied under oath in a court of law and used the government to engineer a cover-up. That’s not insubstantial, except to Democrats whose position then as now was that their Presidents can do no wrong and are never accountable. Bill’s crime is insubstantial, Salon says, “compared to the possibilities that Donald Trump could face.” “Could face!” Savor that one for a bit. That’s the mindset of the entire “resistance.” These unhinged and totalitarian-listing Americans are just certain that “something is out there,” like “The X-Files,”  because it might be out there, at least in their hyper-partisan dreams. The investigation is part of the partisan anti-Trump Presidency play-book, and is about as meaningful as Republican investigations aimed at proving that the Obama Administration intentionally allowed our Libyan ambassador to die.

You see, investigations are not proof of wrongdoing. They have become weapons to insinuate wrongdoing: Joe McCarthy paved the way, As for Trump’s conflicts, “almost anything” would not constitute an actual scandal.  “Almost anything” will allow Trump-haters to claim there is a scandal, and the news media to support such claims as long as they can do undermine the President as much as they can…which brings us back to the tax returns.

If the President could plausibly believe that the news media would be fair and objective, maybe he would release his returns. All we hear is that the only explanation is that he has something nefarious to hide. That is not the only explanation. The other explanation that the news media has provide every reason for him to believe  that almost all the major news organizations are allied with his enemies, and will not fairly report on what is in the returns. Do you doubt that?  How? MSNBC reporter Morgan Radford  interviewing actress Debra Messing at a Tax Day protest, heard the former “Will & Grace” star state as fact that American democracy was “attacked and infiltrated by Russia,” ( a hysterical characterization, and pure Hillary campaign talking point—I wonder, would Messing be saying this if Russia hacked Trump’s tax returns before the election?) and responded by asking Messing the  “best way to make our voices heard” in order to “neutralize” the threat posed by the “current administration to democracy.”

Reporters aren’t even trying to be objective, don’t want to be, and are convinced their market doesn’t want them to be journalists, but activists. Thus their news organizations are refusing to enforce even minimal journalism standards. Why would any leader determined to do the daunting job facing him give these unethical, hateful hacks any assistance in warping public opinion?

CNN’s Chris Cillizza graphically illustrates how bias makes journalists stupid and untrustworthy in his feature called “The big thing Trump gets wrong about his taxes and the 2016 election.”

Taking off from the President’s typical and unhelpful “Nyah nyah, I won” tweet about the protest, Cillizza writes,

The Trump logic appears to go like this:

Democrats hit me for not releasing my tax returns during the campaign.

I won.

Ergo, no one cares about my taxes.

This isn’t the first time this sort of thinking has been deployed by Trump and his senior staff. Back in January, White House counselor Kellyanne Conway insisted that “we litigated this all through the election. People didn’t care.”

Conway’s point didn’t make sense then. And Trump’s doesn’t now.

No, Chris, your point is the umpteenth example of  journalists misreading sloppy Trump team rhetoric to make an invalid point.  What Conway meant was not that “people didn’t care.”  It was that the people who voted for Donald Trump cared about other things more. They still do. The election, after all, wasn’t about tax returns. (Similarly, those who didn’t vote for Hillary Clinton may care very much about women’s rights, but cared more about keeping the corrupt Clinton machine from getting its grubby hands on the levers of power.) The people who cared about other things more than Trump refusing to reveal his taxes still care more about those things, which now includes his having to deal with very real and very pressing problems which the tax returns cannot do a thing to solve. Because the election is over and Trump is President for the next four years, they care about his taxes even less than before in comparison to wanting him to be successful. Trump, and Conway, I and I hope you KNOW the taxes matter to the people who want to wreck his Presidency; we all know Chris cares, because it can only cause harm to the administration.

The President’s point makes perfect sense, and not releasing his returns now also makes sense.

Anything else would be deliberately crippling his ability to lead, and no responsible leader does that intentionally.

President Trump does too much of that unintentionally already.

[And may I add, boy, I’m sick or having to write about this. But then, Samuel Pepys got tired of writing about the plague.]

The “Survivor” Ethics Bomb: Dubious Setting, Interesting Issues

An ethics bomb exploded on  the CBS reality show “Survivor” last week.

Ethics bombs are unforeseen and unforeseeable incidents that suddenly start a chain reaction of ethics problems, dilemmas and conflicts in all directions. This was a lulu. Well, it was a lulu unless one thinks that nothing that happens on a reality show can teach any ethics lessons at all, since they are all, by definition, fake news. If you watch the show, what happens on it matters to you; you have accepted the devil’s bargain of pretending what is manipulated and edited  by writers and directors is “real” in exchange for being diverted and entertained—so the ethics scenarios that periodically break out seem worthy of serious consideration. If you would rather watch paint dry—this is my niche—caring about the pseudo-real crises that actually happened months ago in the most contrived situation imaginable makes as much sense as cheering at a professional wrestling match.

However, just as illuminating ethics issues are raised on “The Walking Dead”—kind of a post-apocalyptic version of “Survivor” with zombies—they can arise on a reality show. In this case, the ethics bomb spread out into unscripted “reality.”

“Survivor” has been on the air for 17 years and 34  seasons—I can’t believe I just wrote that— and is itself an ethics bomb, since it launched the reality TV virus into the culture. Copied from a Japanese show, the idea is that a group of contestants are forced to compete in a remote and harsh location, divided up into teams (tribes) that are guided through daily challenges that yield various prizes, ranging from food to immunity from being ejected.. Each episode sees the losing team gathered around a campfire (“the tribal council”) where they vote on which team member to kick “off the island,” a phrase that has entered our lexicon. Contestants form alliances with each other and often reveal their character, or lack thereof, by engaging in various Machiavellian tactics to survive, all captured on camera. Some contestants lie, cheat and steal. Sometimes it works.

Last week, the tribal council took a sharp turn into real world social tensions when player Jeff Varner, knowing that he was poised to be jettisoned by his tribe and desperately trying to get their ire focused elsewhere, attempted to undermine fellow contestant and tribe member Zack Smith. Varner began by darkly claiming that all was not as it appeared, for there was widespread “deception” afoot.

“There is deception here,” Varner said. “Deception on levels, Jeff, that these guys don’t even understand.” “Continue,” said show host and producer Jeff Probst, who has presided over and moderated each tribal council from the beginning of the franchise.

Varner then turned to  Smith and said: “Why haven’t you told anyone you’re transgender?”

BOOM!

Continue reading →