Afternoon Ethics Warm-Up, April 2, 2019: Maddow, Schultz, Pugh, Fosse, AOC, And All That Jazz…

Good afternoon!

1. If anyone cared, this would do in Rachel Maddow. The fact that so many of my otherwise intelligent and reasonable liberal friends insist that Rachel Maddow is God’d gift to journalism was a mystery to me  when she first brought her perpetual smirk to MSNBC. It  perplexed me greatly as she so obviously hyped and twisted her commentary, and once she became the #1 Russia-Trump conspiracy theorist on TV, I admit that I have lost the edge of respect for anyone who still watches her. Rachel Maddow bottomed out, I’d say, yesterday, when she was saying this last week:

“It’s hard to believe that they’d leave the newly appointed Attorney General William Barr to himself to personally pick through the [Mueller] report to try to figure out which mentions in this 400-page report might pertain to an open case”They wouldn’t leave that to Barr to do that. Mueller would have done that!

Mueller’s team would have done that as part of producing anything that they handed over outside their own offices. They’ve done that with every other document they have produced in the course of this investigation. You’d assume they’d be able to do that for this document too. But William Barr says, [exaggerated sigh] it’s taking him a really long time because he’s having to do all that himself.”

While  was saying that it was suspicious that Barr wouldn’t seek Mueller’s assistance with the redactions, the chyron underneath her read,

“Barr: Special Counsel Is Assisting with Redactions”

Unlike the much-mocked Fox News gaffe, in which the talking heads were correctly reciting the story while  the chyron said that Trump was pulling aid from “three Mexican countries“, this time the chyron was right, and the talking head was wrong.  It might just be me, but I’d rather the actual reporters to be telling the truth, and graphics be messed up. Continue reading

Sunday Ethics Warm-Up, 3/31/2019: The NCAA Tournament, Colbert, Chris Rock, And Bullshit

Good Afternoon!

I’ve been thinking a lot about my Dad for some reason, and that was his favorite hymn. It’s an Easter hymn, but our church always had the choir sing it on the special spring service. My unusually musically talented friends knocked it out of the park at my father’s funeral service at Arlington National Cemetery. It also has the advantage of being composed by Arthur Sullivan, just like “Onward Christian Soldiers!” and “Tit Willow.”

1. Fill out your brackets, and enable corruption. It’s the NCAA tournament again, and again, helping the schools and the NCAA and the networks make money off of the destructive and corrupt culture of big time college basketball is ethically indefensible. The New York Times wouldn’t go so far as to say that, but it did recently write about the dissonance, beginning,

Every March, millions of Americans fill out brackets (more than 40 million people, by one count), cheer the underdogs and tune in on television. Others buy tickets to the games, wear jerseys of their favorite teams and let wins and losses dictate their mood. Yet fans who follow college basketball closely know about the game’s intractable relationship to corruption. Even many who come just for March Madness must know that the real madness is not always on the court.

A wide-ranging and fear-inducing F.B.I. investigation into college basketball recruiting continues to ensnare big-name colleges and little-known crooks. It is why Louisiana State, for example, is playing without its head coach, Will Wade, and why Auburn recently had an assistant coach suspended and a former assistant plead guilty of conspiracy for accepting bribes.

This week, the lawyer Michael Avenatti was charged with trying to extort up to $25 million from Nike in exchange for concealing information he had about illicit payments to recruits. He has since revealedsome allegations on Twitter….

The Times doesn’t bother to go into the related problem of how basketball distorts academic goals, sucks away resources that should be used for education, and usually leaves its athletes no better educated than they were when they arrived. As you might expect, the Times’ writer is too ethically incompetent to provide and enlightenment. For example, he quotes one ethicist as saying, “…Someone thinks, ‘Gosh, this is unethical, but I love it so much, and my friends and I have such a good time rooting and cheering that I’m going to participate anyway.’” That description could also be used to justify gang rape. Can we have a little nuanced clarification? Then the Times writer, John Branch, offers these ill-devised analogies:

“Such internal debates permeate our culture. Is it O.K. to dance to a Michael Jackson song, to laugh to a Louis C.K. joke, to watch a movie produced by Harvey Weinstein? To cheer for football knowing what it may be doing to players’ brains?”

Let’s see: wrong, wrong,wrong, and…right.  1 for 4.

A Michael Jackson song isn’t corrupt, or unethical: it’s art. He’s dead: dancing to the song does not enable the misconduct. A joke is a joke regardless of who tells it, and again, laughing at a C.K. joke doesn’t make it more or less likely that he’s going to masturbate in front of a female colleague. Workplace misconduct doesn’t taint the work product, and nobody has claimed that movies themselves are culturally corrupting, or that Weinstein’s films harmed the actors in them.  Cheering for football is a legitimate comparison, because the sport itself is the problem, just like college basketball itself is the problem.

Continue reading

Morning Ethics Warm-Up, 3/29/2019: Good Kool-Aid, Bad Kool-Aid

Good morning!

1. No, it’s not yet clear what happened in the Jussie Smollett debacle, just that  whatever it was, it was unethical as hell. Smollett is no less guilty of faking a hate crime than he always was; the evidence is just as overwhelming; and the fools lining up to support him are asking for trouble. For example, the writers for Smollett’s show (it seems likely that it is no longer his show, and the producers would be certifiably mad to let him back on the air) seem to be under the delusion that charges were dropped against the African-American actor because there wasn’t evidence to try him. That is not what happened, whatever happened. But here is “Empire” writer Cameron Johnson  tweeting to a Chicago-based reporter  who has been covering the case since it first broke in January.

No, in fact everything reported about Smollett—that he faked the attack, lied to police and the news media, and that the two men he recruited and paid to carry out the hoax with him have fingered Smollett—appears to be true. Meanwhile, the NAACP is going forward with Smollett’s nomination for an award for his work on Empire. I wouldn’t put it past them to let him win, meaning that they would be applauding a divisive–but woke! And gay! And black!—hate crime hoaxer.

So again, what’s going on here? The former chief of staff to First Lady Michelle Obama had contacted Cook County prosecutor Kim Foxx about the case on behalf of a member of Smollett’s family.  Foxx is an openly racialized African-American prosecutor whose past words and conduct suggest that she might adopt the Sharpton-like theory that the fact that a hate crime is a hoax is less important than the fact that it could have been true. Also, prosecuting Smollett could have sent another black man to prison, and Foxx is on the record as wanting to do everything she can to avoid that result as often as possible.

Dismissals after grand jury indictments when there is no new exculpatory evidence usually require a defendant to accept responsibility, stay out of trouble for at least six months, and make restitution. None of this happened. Smollett not only denied responsibility, he again proclaimed his innocence . He was required to forfeit his bond, which would never be required if he was actually innocent based on the evidence. The state’s attorney’s office cited 16 hours of “community service” as a mitigating factor, but again, if he is innocent, why would that matter? Smollett did that work volunteering at the headquarters of Jesse Jackson’s Rainbow PUSH Coalition. Then Smollett’s lawyer denied that any community service was required as a condition of the dismissal of his charges.

Prosecutors announced preemptively that the record in the case would be sealed, and there is no precedent for immediately sealing a criminal case involving an adult, even if a defendant is found not guilty. Defendants usually have to file a motion to seal their case, and the police are given the opportunity to contest the motion.

The Associated Press is reporting that the city will seek $130,000 from “ Smollett to cover the costs of the investigation into his hoax, which means that police are still certain that he is guilty.

It almost feels like this is a deliberate parody of the Mueller Report fiasco, designed to suggest that the situations of Smollett and President Trump are similar: both guilty, and both “exonerated” falsely.

The Illinois Prosecutors Bar Association has released a statement condemning the whatever -it-was in the strongest terms.

2. How do we get the news media and the public to stop paying attention to celebrities and actors when they are off script? These people are, as a group, neither especially informed, well-educated, or trained in critical thinking. Yet they have outsized metaphorical bullhorns, and influence fans to adopt unethical practices and irresponsible ideas. Here is “Captain America” star Chris Evans telling an interviewer that if Patriots quarterback Tom Brady is a supporter of the President of the United States, he will “cut ties” with him, whatever that means. His attitude means, however, that he would have American society divided into warring camps that never speak to each other. In a fawning profile by the New York Times, we get the diminutive actor’s policy wisdom in comments like this, in which he explains why  he will campaign for Bernie Sanders, as he did in 2016:

“If you look back on that election, a lot of his progressive ideas are accepted now. Like free college education. I didn’t go to any college. Forgive the debt, so people can live their lives and not feel they’re under a wet blanket. Let’s let the sun shine. We have a beautiful country. We got a lot of resources. You know, Medicare for all. What’s the big deal? Why not open that up?”

Yes, he’s a moron….and a moron that the Times is encouraging trusting citizens to take seriously.

3.  Scary, if even half-accurate. Over at the Epoch Times, Jeff Carlson (who is an accountant, and apparently a diligent researcher) lays out the whole case for a  “deep State” effort to try to stop Donald Trump from being elected President, and then to overthrow him once he was. It begins,

“Efforts by high-ranking officials in the CIA, FBI, Department of Justice (DOJ), and State Department to portray President Donald Trump as having colluded with Russia were the culmination of years of bias and politicization under the Obama administration.”

Some of his case is the Kool-Aid I was accused of drinking when I reported (accurately) the implications of the irregularities in the FISA warrant process used to plant an informer in the Trump campaign. It is extremely ironic that the same people who threw tantrums here over fact-based suspicions regarding the “resistance” efforts within the government were guzzling the vile Kool-Aid that Donald Trump had conspired with Russia. I was right, they were wrong, and they were insulting while being wrong. If they had any courage and integrity, they would come back here and admit it.

I misjudged them, and their character.

Pre-Red Sox Opening Day Ethics Warm-Up, 3/28/2019: A Jerk And A Fick

Happy Day!

Just got home from a very well-received legal ethics seminar in time to get off a post, walk Rugby, pull on the ol’ Depends and settle in while the Boston Red Sox beat the Seattle Mariners in their first game defending their 2018 World Championship…

1. Humble Talent is back. Humble Talent, an Ethics Alarms  Commenter of the Year a few years back and one of the all-time outstanding participants in the ethics wars here, just registered his first comment in almost four months. Mu joy and relief are unalloyed. Welcome home, my friend.

2. A Keith Olbermann note. If you’ll forgive me for mentioning one of the biggest jerks in captivity twice in a day, Olbermann managed to enhance his reputation with this display of mega-jerkness. A Mississippi hunter  shot an unusual turkey completely legally, and KO decided that this was sufficient justification to ruin his life…

The editor of the paper had the proper bemused response, writing, “Keith Olbermann says Brian Broom should be fired for writing this story. What was I thinking? I guess I should have fired our outdoors writer for writing about a hunter killing an unusual turkey during turkey hunting season.” What kind of human being calls on the social media mob to make someone’s life  a living hell because he engaged in a legal act harming no one that that human being disagrees with? A really bad one—arrogant, cruel, irresponsible, and unfair. The Washington Free Beacon got a statement from ESPN, which currently employs Keith (when he’s in the mood, he’s an unusually astute and amusing baseball reporter), and they responded, “We have spoken to him about not making personal attacks.” Gee, that doesn’t seem to be working, does it?

3. A Fick sighting! Almost as rare as a white turkey is an Ethics Alarms Fick, a special designation for the peculiar ( and disgusting) breed of unethical person who is unethical, knows it, and rubs it in everyone else’s face, without regret or shame.

The Fick is pop star Cardi B, whose old Instagram video that resurfaced recently features her saying that she used to drug and rob men. The video, which Cardi says was made three years ago,  features the singer reminiscing about the time when she worked as a stripper — a time when, she said,

“I had to go strip, I had to go, ‘Oh yeah, you want to fuck me? Yeah, let’s go back to this hotel,'” she said an an Instagram Live broadcast filmed three years ago. “And I drugged niggas up and I robbed them. That’s what I used to do.”

When the immediate reaction was a series of attacks on Twitter, Cardi B doubled down, making it clear that she was perfectly at peace with her past crimes, tweeting to critics,

I never claim to be a angel I always been a street bitch Ya be glorifying this street rappers that talk and do that grimmey street shit but they can’t stand a street bitch!

and…

IM THAT BITCH THEY LOVE TO HATE,IM THAT BITCH THEY HATE TO LOVE ❤️ 😝and I love it 😍🥰🥰

Theeeeeen the criticism got a little too hot, and apparently the hip hop star’s publicist pointed out that defiance in this case might not be the smartest strategy. So then we got this:

Is that a wonderful parade of rationalizations and ethics rot, or what?

  • Nobody has to drug men (or women)and rob them.  That’s not an “option” for anyone with a conscience. No, she did not have to harm and rob men “to survive.” Millions of people in dire circumstances find legal ways to survive that don’t require harming others.
  • The men she drugged and robbed were “conscious and aware” that they were going to be drugged and robbed? Does anyone believe that, including Cardi B?
  • “Right or wrong”? “Whether they were poor choices”? Psst-–moron! It was wrong, and they were poor choices!
  • “I never claim to be perfect” is an especially dumb variation of Rationalization #19. The Perfection Diversion, or “Nobody’s Perfect!” and “Everybody makes mistakes!” We’re supposed to applaud because someone who drugged and robbed men doesn’t make the bananas claim that she’s perfect?  I bet she never said she was a walnut, either. So what?
  • “I always speak my truth” means she wouldn’t know truth from a bag of gummi worms. “My truth” is signature significance for an adherent of ethical relativity: whatever she thinks is right, is.  Cardi B. is a narcissist and a sociopath.

Several commentators claim that this junk shows that Cardi regrets her past. Boy, I wish I had more Brooklyn Bridges to sell. I doubt that she even wrote this herself. I also doubt that those sympathetic critics noticed what she tweeted before she was told to stop doubling down. Meanwhile, what would happen to a male singer who admitted that he needed to drug and rob women to survive?

Afternoon Ethics Warm-Up, 3/26/19: The “What’s Going On Here?” Edition

Hello, Spring!

1. On the down side, “The Smollett Report” Explain this one: Attorneys for “Empire” actor Jussie Smollett announced today that all charges against him have been dropped.Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men. The two men were found and implicated Smollett, and the evidence that it was hoax appeared overwhelming.  A minimum condition of dropping cases requires some acceptance of responsibility, but the actor still professes that he’s innocent. “I’ve been truthful and consistent on every single level since day one,” he said.

What’s going on here? I have no idea, but the word “Chicago” keeps popping up in my head.”

2. Talk about a parallel universe! I had never seen this [Pointer: Althouse]: President Obama’s statement after the 2016 election:

“You take the baton, you run your best race, and hopefully, by the time you hand it off, you’re a little further ahead. You made a little progress. I want to make sure that hand-off is well executed because, ultimately, we’re all on the same team….

Everybody is sad when their side loses an election, but the day after, we have to remember that we’re actually all on one team. This is an intramural scrimmage. We’re not Democrats first. We’re not Republicans first. We are Americans first.

This was a long and hard-fought campaign. A lot of our fellow Americans are exultant today. A lot of Americans are less so, but that’s the nature of campaigns. That’s the nature of democracy. It is hard and sometimes contentious and noisy. It’s not always inspiring.”

“Sometimes you lose an argument. Sometimes you lose an election. We try really hard to persuade people that we’re right, and then people vote, and then we lose. We learn from our mistakes. We do some reflection. We lick our wounds. We brush ourselves off. We get back in the arena. We go at it. We try even harder the next time.”

Continue reading

Pacific Coast Time Morning Ethics Warm-Up, 3/20/19: Guys and Dolls

Good morning from San Diego!

Well, I was speaking to 600 seats just now, but only about 300 lawyers. Several came up to me afterward, inspired or stimulated, and thankful. In ethics, as in the theater, I have come to adopt William Saroyan’s creed that if just one person sings your song, your life as an artist has meaning. Like Saroyan, I have come to adopt that out of self-preservation and to stave off insanity.

1. It looks like a Saturday Night Live writer plagiarized at least two skits this season. The story is here.

The combination of SNL’s insane schedule, the pressure to be different and edgy week after week, and the temptation of YouTube made this inevitable. The rules on borrowing, adapting, copying comedy material has always been a gray area, often settled by the good faith and collegiality—or not—of the comics themselves. By accident, I just saw an old “Everybody Loves Raymond” episode which was an obvious rip-off of an even older Dick Van Dyke Show episode in which Laura writes a children’s book, and professional writer Rob offers to help her improve it.? Plagiarism? Comedy skits in vaudeville were passed around like the flu: Abbot and Costello weren’t the first to do the “Who’s On First?” routine, they just did it so much better than anyone else that they owned it. Was Lucy plagiarizing Red Skelton with her “Vitameatavegimin” skit, where a pitch woman gets drunk doing multiple takes of a TV ad that requires her to drink the alcohol-laced product, when Red had been doing the same routine for years as “Guzzler’s Gin”? Continue reading

Lunch time Ethics Warm-Up, 3/19/19: Madea, Plan C, And More.

Yum yum!

Winging off to San Diego in a couple of hours, so be on the alert for an Open Forum while I’m in the air. It’s amazing: I’m going to spend two and a half days of air travel and hanging around a hotel and airports to give a 75 minute legal ethics presentation, albeit to a mob of over 600 lawyers.

1.  From the Ethics Alarms double standards files…

Let’s see: this film has gross black stereotypes and a man in drag, but not in a good, transgender way. I assume nobody will disagree that if this film was made by a white man, it would be received with horror and declared racist, and the white filmmaker would be apologizing to everyone and everything in sight.

2. The return of Plan C! As most recently noted here, Plan C is the obscure and outdated Emoluments Clause. In a series of tweets reviving the specious accusation  President Trump is violating the Constitution by owning businesses while he is President, something never anticipated by the Founders and an issue that was barely discussed by the news media during the campaign, Walter Shaub, a former director of the Office of Government Ethics who long ago declared himself a “resistance” ally,condemned the Embassy of Kuwait’s decision to celebrate its National Liberation Day at the hotel on Feb. 27. He wrote,

 “Kuwait got the message. Turkey got the message. Saudi Arabia got the message. The Philippines got the message. The question is: Which of our allies will stand with the American people, and which will seek to enrich our corrupt President? We will watch. We will remember.”

Oh, eat a bug. Emoluments Clause of the U.S. Constitution (Article 1, Section 9, Paragraph 8) stipulates that no federal officeholders “shall receive gifts or payments from foreign state or rulers without the consent of Congress.” But payments obviously means pay-offs, and payment for services isn’t a gift. Not are Trump organization receipts payments to the President. I note that Shaub is now a fellow at The Citizens for Responsibility and Ethics in Washington (CREW), which I used to write about more before I got sick of it. It is the political equivalent of Media Matters, posing as an ethics watchdog when it’s agenda and biases are flagrantly partisan. I regard Shaub using his prior position as authority a breach of ethics: he’s posing as an objective analyst, and he’s not. Indeed, resorting to the silly Emoluments Clause to attack Trump is signature significance. Continue reading

Gayle King, R.Kelly, Journalism Competence And The King’s Pass

For some reason—OK, I think I know the reasons—CBS morning host Gayle King is getting plaudits for mishandling the insane R.Kelly interview last week. The photo below  says it all: Kelly, his reputation and career falling apart in chunks because the years of rumors and accounts of his alleged sexual misconduct with underage girls finally caught up to the hip-hop superstar (thanks to an explosive documentary—hmmm, where have we heard that before?— is standing, shouting, ranting and generally going bonkers as King sits immobile and silent, with her eyes cast down.

There were two exhibitions of the King’s Pass on display in the interview and its aftermath. Kelly, being allowed to behave outrageously on the air was one, for most guests in any setting would be ordered to sit down, act civilly, or leave the studio after such an infantile and threatening display. King was the other, praised for showing that her frequent feminist rhetoric was convenient claptrap, and that she did not have the guts or principle to assert her power over an abusive male when professional ethics demanded it.

I’m not sure which is more unforgivable. CNN said that King’s passivity was a masterclass in journalism. The Washington Post praised her “composure.” She told the New York Times that she was silently thinking, “Don’t walk off the set. Don’t walk off the set.” A competent journalist should have given him a warning, and then had him thrown off the set. A female professional who had the integrity to demonstrate how women should handle male abuse would have demanded that he sit down, apologize, or leave. They train salespeople and operators to push back against abusive customers, but a national TV host doesn’t have the fortitude to act when a guest behaves like a berserk barbarian? Continue reading

Monday Ethics Warm-Up, 3/11/2019: Weenies, Bubba The Love Sponge, Fake Citizens, A Heroic Jaguar And Captain Marvel

Our hero! (Item #6)

Good Morning!

1. Synchronicity! Note that today’s first post and yesterday’s last one (on “peer pressure”) essay are integrally related. I had thought, or hoped, that the latter would prompt considerable discussion, but to the contrary: all commenting has seemingly dried up. Surely Facebook’s embargo can’t be THAT effective. Well, I’ve never understood the ebb and flow here, and lately I understand it less than ever.

2. Nah, Democrats don’t want open borders! While House Democrat  were in the midst of  passing HR1, the entirely symbolic “elections reform” bill that is an open admission that loose election controls elect Democrats,  Republicans  forced a vote on proposed language stating:  “Allowing illegal immigrants the right to vote devalues the franchise and diminishes the voting power of United States citizens.”

All but 6 Democrats voted against the addition. All but one Republican voted for it.

3. Stop making me defend Tucker Carlson! Media Matters, the one-way-only media watchdog that makes its opposite number “Newsbusters,” look like a paragon of objectivity by comparison, pulled a version of the Hader Gotcha! on Fox News pundit Tucker Carlson. Instead of unearthing old tweets to attack him, MM found audio of old interviews with Tampa shock jock “Bubba the Love Sponge” during  which Carlson made some less than nuanced comments that Media Matters pronounced “misogynist” and “sexist.” Some were; most were not. Media Matters, like the party it swears allegiance to, is addicted to gender-baiting: Carlson’s belief that rape shield laws “totally unfair” is a valid opinion that many non-sexists, including me, agree with.

To Tucker’s credit, he responded to Media Matters’ hit with this statement: mailed to the Washington Post:

“Media Matters caught me saying something naughty on a radio show more than a decade ago. Rather than express the usual ritual contrition, how about this: I’m on television every weeknight live for an hour. If you want to know what I think, you can watch. Anyone who disagrees with my views is welcome to come on and explain why.”

Adds Althouse, “I’m resistant to getting excited about something somebody said years ago because somebody is telling me that’s what everyone is supposed to get excited about today.”

4. Speaking of Althouse...she does an epic job taking apart Democratic hopeful John Hickenlooper, until recently Governor of Colorado, who exposed himself on “Face the Nation” yesterday as a mealy-mouthed weenie who if he lasts until the debates, will be this cycle’s version of Lincoln Chaffee.

Here’s the cringe-producing transcript. Hickenlooper isn’t just mealy-mouthed (Ann’s description), he’s a coward. He wants to run as a moderate but is afraid to say he’s a moderate, choosing instead to argue against “labels.” The best is this part:

GOV. HICKENLOOPER: Well try- if I’ve tried to avoid this all the labeling that goes on. You know, I mean…. I’m running for president because I believe I could beat Donald Trump… but I also believe that can bring us together on the other side and begin getting stuff done. And that’s one thing I think that I bring to the table is I’m a doer. I’m not someone who’s- I mean I’m a dreamer too and I- I believe in big visions….

Snarks Althouse, most appropriately: “A doer who’s a dreamer, a dreamer of big visions. In his dreams, he beats Donald Trump. Noted. ” Continue reading

Sunday Ethics Warm-Up, 3/10/2019: Ethics Savings Time Edition!

It’s still morning according to MY watch…

1. When ethics alarms don’t ring...How could Philadelphia’s retailers and stores not have seen this problem? The city of Philadelphia has passed a law that will requiring retailers to accept cash, responding to increasing numbers that have gone “cashless.”The new law was signed by Mayor Jim Kenney last week and takes effect on July 1 . Violations could bring  fines of up to $2,000.

City Councilman Bill Greenlee co-sponsored  the bill. “It just seemed to me unfair that I could walk into a coffee shop right across from City Hall, and I had a credit card and could get a cup of coffee. And the person behind me, who had United States currency, could not,” he explained.

Good. Serving only people with credit cards is obviously discriminatory.

2.  More on the robocalling experiment. I previously noted that MLB is using the independent Atlantic League to try out some new rules, innovations, and suggested “fixes” for baseball. Only one is of obvious ethics interest: the electronic calling of pitches, which is a matter of integrity. Games should not be warped by crucial decisions that are obviously erroneous and that the game now has the technological tools to prevent. The rest of the measures being tested raise issues of their own:

  • The mound will be moved back two feet to 62’6″. Comment: I assume this is an effort to make hitting easier and pitching harder. I find it difficult to believe that anything this radical has a chance of being adopted.
  • Larger bases will be used (18″ instead of 15″). Comment: Okaaaay…
  • Defensive shifts will be banned. Comment: A terrible idea, constraining defensive creativity and the constant back-and forth change-and-response that has kept baseball dynamic. Let batters figure out how to beat shifts. They have the ability to do it.
  • A radar-enabled strike zone will be employed. Comment: It’s about damned time!
  • Time between innings and pitching changes reduced from 2:05 to 1:45. Comment: Good.
  • Three batter minimum for pitchers entering a game. Comment: This is to eliminate the single pitcher-per-batter trend in late innings that slows down the game with minimal benefits. I see no reason not to do it; there are similar rules already, such as requirements that a pitcher must pitch to at least one batter.
  • There will be no mound visits unless a pitcher is removed from the game or for medical issues. Comment: NO visits is draconian. All this will do is speed the intrusion of electronic communications between catcher and pitcher and pitcher and manager. Yechhh!

3. When lawyers should just shut-up. ABA Model Rule Of Professional Conduct 3.6 says in part:

a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

It also says,

c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.

The rule, which has substantially identical versions in all jurisdictions, needs to be enforced more stringently. It isn’t, I assume, because the bar associations are worried about a court striking down the rule as a First Amendment violation.

Here’s Jussie Smollett’s lawyer, media hound Mark Geragos, on the charges against his client.:

“This redundant and vindictive indictment is nothing more than a desperate attempt to make headlines in order to distract from the internal investigation launched to investigate the outrageous leaking of false information by the Chicago Police Department and the shameless and illegal invasion of Jussie’s privacy in tampering with his medical records. Jussie adamantly maintains his innocence even if law enforcement has robbed him of that presumption.”

ALL the publicity was initiated by Gallegos’s client! His crime was designed to get publicity!

Shut up, Mark. This is the kind of statement that does your client no good, and adds to the public’s distrust of lawyers.

I do give him credit for one thing, though: note that he says, “Jussie adamantly maintains his innocence,” and not “Jussie is innocent,” which he knows is a lie.

4. Nah, there’s no mainstream media bias!

  • Headline (NYT):Border at ‘Breaking Point’ as More Than 76,000 Unauthorized Migrants Cross in a Month.” Quote:”More than 76,000 migrants crossed the border without authorization in February, an 11-year high and a strong sign that stepped-up prosecutions, new controls on asylum and harsher detention policies have not reversed what remains a powerful lure for thousands of families fleeing violence and poverty.”

Gee, sounds like a national emergency to me! Nope: it’s Trump’s fault: “the Trump administration’s aggressive policies have not discouraged new migration to the United States.”

  • Because the Democrat’s watered down “anti-hate” resolution did nothing to condemn the anti-Semitic statements by Rep. Omar, some Republicans withheld their votes for it in protest. Here was how Politico spun it: “Republican leadership splits, and party splinters over hate resolution.”

5. I suppose this should be a stand-alone post, but I don’t want to write about Michel Jackson any more than I have to. It is now official [Pointer: JutGory]: “The Simpsons” is airbrushing away the classic 1991 episode “Stark Raving Dad,” because a key character was voiced by Michael Jackson. James L. Brooks, co-creator of the show, says that the 1991 episode guest-starring Michael Jackson will be pulled out of its archives, permanently, and will be removed from all platforms including DVD sets and streaming services. “It feels clearly the only choice to make,” Brooks says. “The guys I work with—where we spend our lives arguing over jokes—were of one mind on this.”  He added, “I’m against book burning of any kind. But this is our book, and we’re allowed to take out a chapter.”

Sure it’s book burning, and  “the guys Brooks works with” are probably all in favor of tearing down the statues of Confederate generals and monuments to slave-holding Founders, too. Brooks’ ideological clones are suddenly fans of censorship and hiding history when it becomes uncomfortable. There is so much wrong with this decision, it boggles the mind, but a few will suffice…

  • Why now? Oh, right: a documentary made a decade after Jackson’s death suddenly proves what couldn’t be proved in court, is that the theory?
  • Is Brooks really asserting that any artist who releases his or her art to the public is justified in unilaterally destroying it because of a personal motive? The artist has the right, yes. It’s also unethical. The work is no longer the artist’s, it belongs to the culture. This is why Stephen Spielberg has regretted and reversed his politically correctness-addled decision to change the guns carried by the federal agents in “E.T.” to walkie-talkies.
  • This is a time for Kant’s Categorical Imperative. If this is the right thing to do because of Jackson’s alleged misconduct,  then it must be absolute, an unconditional requirement to be observed in all circumstances and justified as an end in itself. That means that no work by Woody Allen, Bing Crosby, Bill Cosby, Errol Flynn, Richard Pryor, John Lennon (and by extension, The Beatles), Peter, Paul and Mary, Charlie Chaplin, Jerry Lee Lewis, and too many others to list, should ever again be available for the public to view, hear, or enjoy.
  • Presumably any film that O.J. Simpson appeared in must be vaporized as well, including “The Naked Gun” films and the greatest disaster movie ever made, “The Towering Inferno.”

The main thing is that “Stark Raving Dad” is a terrific episode.

This is flagrant narcissism, virtue-signaling and grandstanding by Brooks and his colleagues.