Character

Comment Of The Day: “Saturday Ethics Warm-Up, 10/12/2019…” Item #2, Dan Hudson’s Paternity Leave

/ Jack Marshall / 14 Comments

“Wait, What??? YOU’RE SKIPPING THE GAME THAT WILL DECIDE THE PENNANT???”

In a post sparked by the the current National League Championship Series (boy, I hope I don’t have to add that the sport is baseball) I had written in part,

“The ethical thing would have been [for Washington Nationals relief pitcher Daniel Hudson, the team’s closer] to pass on the opportunity to take the game off. The Nationals major weakness is a terrible bullpen, and Hudson is one of the few reliable  relief pitchers on the team. As it happened, the Nats won a close game, but that’s just moral luck. They might have lost because of his absence. That loss might have cost the team its chance to go to the World Series. Millions of dollars would be lost to the franchise that pays Hudson seven figures to improve its fortunes. The careers, lives and family fortunes of his team mates would be affected; the jobs and income of hundreds of merchants and others who rely on the success or failure of the team would have been put at risk. How could anyone argue that the emotional support Hudson would lend his wife during childbirth outweighs all of that, or constitutes a superior ethical obligation?”

Who? Why reader Tim Hayes, that’s who, who not only argued thusly, but did so at a Comment of the Day level, and then responded to my subsequent challenges with equally excellent responses. This gave him the Ethics Alarms equivalent of a three home-run game, and I’m going honor him with the whole sequence.

Here is Ethics Alarms slugger Tim Hayes‘s three-dinger Comment of the Day, on Item #2 in “Saturday Ethics Warm-Up, 10/12/2019…” :

Counter-argument on the Hudson situation – For the Nationals to have placed themselves in a position where a single player taking advantage of a promised benefit at his job (the paternity leave) created a realistic chance of them losing the game (due to their lack of hiring sufficient healthy talent into their bullpen) is inherently unethical as an organization, because it creates a situation where all the groups you mentioned can be placed in dire straits by what happens to a single performer. Attaching the consequences for the team’s unethical staffing decision to Hudson’s personal behavior is unfair; The team did not choose to get him to negotiate away the benefit he invoked (which, for the appropriate compensation, they presumably could have), and was therefore at least aware of the possibility that something outside their control could sideline Hudson. That it was his wife giving birth, and not Hudson being hit by a self-driving car, which resulted in their not having access to him, was merely a result of luck (pregnancy and births being both notoriously difficult to plan, and the Nationals presence in the playoffs being, from the admittedly little I understand of baseball, something which was unexpected to say the least). Continue reading →

Monday Morning Summary Of What Would Have Been In The Sunday Ethics Warm-Up That I Was Supposed To Post But….Aw, Forget It. Here’s Some Ethics Stuff…

/ Jack Marshall / 22 Comments

Good morning.

Boy, am I glad THAT week is over.

1. Moral luck saves the 2019 baseball post-season…for now. MLB missed a major disaster when an umpire missed a clear strike three (he ruled a foul) on Yankee slugger Gary Sanchez in a tied and crucial game between the Houston Astros and New York.  It was the 11th inning, meaning a tie-breaking run would mean a likely Yankee victory.  THAT would have meant that the Astros would have lost the first two games of a seven game series at home, a hole that very few teams in baseball history have been able to overcome.

Sanchez  struck out on the next pitch, and a Carlos Correia home run in the bottom of the inning sent the Astros to Yankee Staudium in a series tied 1-1. The botch was moot, and will soon be forgotten. But if he Sanchez hit a home run or otherwise led the Yankees to a decisive score, the ALCS might have been completely turned by a blown call captured on video for all to see.

And there would be no excuse: the rules allow no appeal on that kind of play, but there has to be.

Yes, it was “moral luck” again. The fact that the worst didn’t happen doesn’t change the seriousness of the fact that only luck saved the day and prevented a blot on the integrity of the whole 2019 post-season. Maybe it would have been better if the bad call had altered the game, the series, and the World Series. Maybe then baseball would stop waiting for the high-profile disaster caught on video that will force it to have ball and strikes called by technology. It took an umpire’s obvious blown safe call in what should have been the last out of a perfect game to make baseball go to replays, and anyone who watches many games knows how many times a reversal changes game outcomes. Continue reading →

Ethics Villains Of The Impeachment Coup, Part One

/ Jack Marshall / 13 Comments

I admit it: just as I sensed that it was important for Ethics Alarms to lend ethical clarity to the potentially (and possibly already) disastrous effort by the Democratic Party to abuse its power and Constitutional processes to remove (that is, overthrow) the President of the United States, I was overcome with a crippling combination of unrelated professional responsibilities and crippling weariness. I’m sick of writing about this topic; I’m even sick of thinking about it. I’m definitely sick of arguing about it on social media. The tag “2016 post-election Ethics Train Wreck” has been appended to more posts than any other, with no end in sight.

I floated the idea of creating a spin-off website that would endeavor to provide one-stop shopping for members of the public who wanted to counter media spin and information suppression on the topic. I do think this is an important project, and I have received a few generous offers to help. I’m still trying to figure out if I have the time to do it right; if I don’t, then it would be unethical to do it at all.

The fact that some polls show that the relentless pro-impeachment propaganda has led to a majority of Americans believing the President should be impeached is troubling, though 1) polls, and 2) on this topic even more than others, all the number shows is how many ignorant Americans are willing to opine at the moment on topics they know nothing about. “Survey Finds More People Would Support Impeachment If They Knew What Crime Trump Was Supposed To Have Committed” snarked the Babylon Bee.

Exactly.

I have several longish essays that I need to write, notably one titled “The Ethics Context of the Trump Impeachment Push.” It should have been written last week, and I’ll be lucky if I can get it complete next week.  I know how important the Democratic Party/ “resistance” /mainstream media coup attempt is. As I have been writing here since January 2017, it is the most important ethics story of modern U.S. political history.

I’ve got to keep the analysis moving, even if it’s too slow.

Here, for reference purposes and future discussions, is a list of the Villains of the Impeachment Coup. Continue reading →

Morning Ethics Warm-Up, 10/10/19: Omar, Warren, Clinton, And Urinals

/ Jack Marshall / 38 Comments

Good morning!

Yesterday I had completed a 3-hour Ethics CLE program for a distinguish national law firm’s D.C. office, aided by my sister, retired justice Dept. and HHS attorney Edith Marshall. (This time, her role was to lead the attendees in the chorus section of my legal ethics parody of “Trouble in River City” from “The Music Man.”) I knew that I should have gotten some posts done when I returned, but a) I was exhausted and b) there were two Game Five play-off games to watch. Sometimes, baseball comes first. Priorities! Congratulations to the St. Louis Cardinals for an upset win over the Braves, whose horrible fate of giving up ten runs in the first inning I wouldn’t even wish on the Yankees. Imagine knowing you have lost before your team even gets up to bat, and that you’re in front of the home team fans who will have to suffer through three hours of slow, inevitable humiliation. Ugh. The Braves lost with as much dignity as possible in such a hopeless situation. And congratulations to the resurgent Washington Nationals, who came back from a late  deficit to tie the game in the eighth, and then won on a grand slam in the tenth. They are now headed to the seven game play-off to determine who represents the NL in the World Series, the first time a Washington, D.C. team has been this close since 1933. D.C. really needed this.

1. Should it matter? Minnesota Fifth District Rep. Ilhan Omar, she of “The Squad” fame (or infamy)  has filed for divorce from husband Ahmed Hirsi, whom she only married last year, though he is the father of her three children. Omar’s petition for dissolution of her marriage has been posted online here. Our sole Somali Muslim House member previously was married to  Ahmed Nur Said Elmi, who appears to be her brother and whom she married to perpetrate a citizenship fraud in 2009. Omar legally dissolved that marriage in 2017. There appears to have been a period where she was married to both men. Omar has never given a straightforward explanation for her tangled domestic affairs.

Should any of this matter? These things really do constitute “personal, private conduct,” unlike the workplace misconduct that the enablers of Bill Clinton tried to defend by using that term. If Omar did perpetrate a fraud, however, or was married to two husbands, those are very relevant to her fitness to serve as a law-maker. Continue reading →

Ethical Quote Of The Month: Ellen DeGeneres

/ Jack Marshall / 18 Comments

“We’re all different and I think that we’ve forgotten that that’s okay that we’re all different… but just because I don’t agree with someone on everything doesn’t mean that I’m not going to be friends with them.”

—-Ellen DeGeneres, countering social media criticism of her hanging out with former President George W. Bush at a Dallas Cowboys game.

She prefaced that comment with this:

“When we were invited, I was aware that I was going to be surrounded with people from very different views and beliefs. And I’m not talking about politics… I was rooting for the Packers. So I had to hide my cheese hat in [her spouse] Portia’s purse. People were upset. “They thought, why is a gay Hollywood liberal sitting next to a conservative Republican president?… A lot of people were mad. And they did what people do when they’re mad… they tweet.”

If they are morons, that is. These are the people who harass those wearing MAGA hats, who won’t speak to family members who voted differently than they did, who seek to boycott companies and individual who contribute to causes they oppose. They are unethical citizens and corrupted human beings. Continue reading →

Afternoon Ethics Jolt, 10/8/2019: Gaslighting, And Other Lousy Things To Do…

/ Jack Marshall / 14 Comments

HI!

1. Impeachment junk! There is so, so much of this. I am trying to decide if my launching an impeachment information and commentary website is feasible (for me, and any volunteers who step up), but it certainly is necessary.

  • Deja vu…I am again hearing and reading the opinion that the President’s various maneuvers to block testimony and subpoenas are indications of guilt. This is why the Democratic Party’s creeping totalitarianism is ominous—people slip so easily into totalitarian mindsets. “If you have nothing to hide, you have nothing to fear!’ is an anti-civil rights position, and yet here are alleged progressives chanting that Orwellian motto again.

The President has every reason to regard the Democratic fishing expeditions and non-inquiry inquiry into impeachment as an attack on the Separation of Powers and Constitutional government itself. Thus he has every right to make Congress’s abuse of process as difficult as possible, whether he has anything to hide, or not.

Circulating claims of Trump-Russian collusion prior to the 2016 election didn’t work. Using foreign-supplied fake intelligence, from a British spy who utilized Russian sources, to obtain surveillance of the Trump campaign and transition team didn’t work.Intimidating Electoral College Electors to change their votes after the election didn’t work. Having the Director of the FBI lie to, set up and try to entrap the president didn’t work. Having that same FBI Director leak memos to the media to manufacture grounds for a Special Counsel didn’t work.Trying to invoke the 25th Amendment to declare the president unable to perform the job didn’t work.Two years of the Mueller Investigation didn’t work.Three years of a permanent crisis news cycle meant to paralyze the administration didn’t work.

After all these failures to unwind the 2016 election, Democrats and the mainstream media are trying a new tactic: Create a Star Chamber “impeachment” process fueled by anonymous whistleblowers and selective leaks that is not so much designed to remove the president, though they would if they could, but to manipulate the 2020 election…By cloaking witnesses with the protection of whistleblowers, the whistleblower protections are being abused. In response to the announcement of Whistleblower No. 2, we remarked: “Abuse of whistleblower protections. This person is simply a witness to someone else’s complaint who already has been interviewed. Weaponization of whistleblower laws is yet another breach of norms in effort to unwind 2016 election.”…With Whistleblower No. 1 failing to fulfill the mission, there was a leak to the NY Times of a potential Whistleblower No. 2. That’s how this is going to work, there will be leaks to the media to frame the public narrative just like regarding supposed Russian-collusion.”

I think this is probably right.

  • Don’t confuse them with facts, their minds are made up. Ann Althouse passed along Sheryl Attkisson’s tweet:

  • Nah, there’s no mainstream media bias! Also from Althouse, we learn that the following headline is on the Washington Post’s front page:

“The GOP’s bootlicking cowardice knows no bounds.”

  • Polls, for whatever they’re worth…According to one poll, President Trump is gaining among independent voters in head-to-head matchups with the Democratic presidential front-runners, according to a new IBD-TIPP poll. This would be expected by anyone other than deranged, impeachment obsessed Democrats, since the non-biased could be anticipated to object to a party attempting to circumvent an election through abuse of the system. but who knows. Conservative pundit Matt Margolis writes, “Many on the right have warned Democrats that impeachment fever will only benefit Trump in the long run—and they appear to be proven right by this poll.”

Wrong. How can a poll “prove ” anything? Yet polls are always being offered as “proof.” It isn’t even honest to describe them as evidence. Continue reading →

Monday Ethics Musings, 10/7/2019: Questions, Questions…

/ Jack Marshall / 19 Comments

Thinking…

Wait, where are my clothes???

1. When will Mrs. Q make her debut as a regular contributor to Ethics Alarms? I’m working out the details. She’s ready, I’m behind, we’ll get it done. Very excited.

2. If everything is going to be done online, is it reasonable to expect those companies who force us to interact that way to be competent? Case Study: The Boston Globe just offered me a 6 month digital subscription for a buck. But an old password connected to my email address prevented me from entering the new one necessary to accept the deal. All links went to current subscription or subscribing at the regular price. It took 40 minutes of online chats with robots and a human being (who disconnected me one) to fix the problem, which was in how the Globe set up the offer acceptance page. I ended up using a password made up by “Sherry” because I couldn’t reset my password myself. This kind of thing happens all the time. I wouldn’t have a clue how to set up a website response system, but if that was my job, I would be obligated to do better than this.

3. What good are movie critics whose opinions and tastes aren’t shared by their readers? My view: not much. The job of a critic is to let readers know if readers would appreciate the movie or not. A critic who can’t or won’t do that, and most don’t, is useless. I was thinking about this when I encountered this article in The Guardian listing the films for which audience ratings and critical ratings diverged the most.

Much of the disparity today is caused by critics who allow their ideological biases to dominate their judgment: yes, bias makes them stupid. Another problem, harder to over-come, is that the judgment of people who see hundreds of movies a year and who are often steeped in the art of film-making often has no relevance to the movie average audience member at all. Yet another is the unavoidable fact that few critics are equally qualified to review all genres. Horror movies are especially frequent victims of this problem.

Incidentally, yesterday I watched a new horror movie, “A.M.I.” that exploited the inherent creepiness of online personal assistants like Siri and Alexa. It was pretty bad, but the final scene was so ridiculous (and predictable) that it almost justified the film. Almost. Continue reading →

The Ethically Inert NBA Shows Its Corrupted Soul

/ Jack Marshall / 21 Comments

It was less than a week ago that the New York Times’ John Branch wrote,

“…the best thing about the start of the N.B.A. season — or just the preseason, which began this week — is that it thrusts the league back into the conversation. Not just about sports, but about the connection sports have to everything else, from politics to fashion, civil rights to gun rights…The N.B.A. is comfortable being connected. Opinions count. Expression is (mostly) encouraged. Politics is not filtered through political correctness, not parsed by focus groups or marketing departments…the N.B.A. does at least one thing better than other leagues: It joins the conversation and adds to it. It is a game for adults.”

Right on, John. And here’s what the NBA just added to the conversation: the league will kowtow to a repressive totalitarian regime and punish employees who choose freedom over submissiveness if it’s good for the bottom line.

Houston Rockets GM Daryl Morey posted this on Twitter:

The Horror! Who in the U.S. doesn’t support the Hong Kong protesters, other than maybe Bernie Sanders and Rep. Ocasio-Cortez? Well, interestingly given Branch’s puff piece, the NBA doesn’t. The reason? Why money, of course. The NBA regards China as a growth market; never mind the slavery, political prisoners and repression of basic rights. Are you ready to ruuuuuumble???  Rockets owner quickly slapped Morey down, tweeting, 

Listen….@dmorey does NOT speak for the @HoustonRockets. Our presence in Tokyo is all about the promotion of the @NBA internationally and we are NOT a political organization.

Well, unless a Rockets player is bashing the United States as racist…that’s just fine.

Morey was forced to take down his tweet (betting is that he will be fired), and then issued a Galileo-style apology, if Gallileo had used Twitter:

I did not intend my tweet to cause any offense to Rockets fans and friends of mine in China. I was merely voicing one thought, based on one interpretation, of one complicated event. I have had a lot of opportunity since that tweet to hear and consider other perspectives…I have always appreciated the significant support our Chinese fans and sponsors have provided and I would hope that those who are upset will know that offending or misunderstanding them was not my intention. My tweets are my own and in no way represent the Rockets or the NBA.

“Other perspectives.” Here’s one: “Chinese state media urges quicker trials and heavy sentences for Hong Kong protesters…People’s Daily says the city’s judiciary has been too lenient in dealing with those arrested during months of unrest Xinhua slams school of 18-year-old shot in chest by Hong Kong police for failing to denounce him, after school said it shared young people’s concerns…” Continue reading →

Sunday Ethics Warm-Up, 10/6/2019: Fan Ethics, Hospital Ethics, Vandalism Ethics, And Diplomatic Immunity

/ Jack Marshall / 27 Comments

Well, I woke up…

…and as my father was fond of saying, that should be enough. Of course, he adopted that philosophy during combat in World War II…

1. I have been asked, “With your beloved Red Sox out of the post-season, are you paying attention to the play-offs?” The answer is, “Oh, sure.” I’m not like Yankee fans, what my dad called “summer soldiers.” In fact, the post-season is a more enjoyable, less anxious, purer experience for a fan when his or her team is absent. I can just enjoy the beauty, suspense and constant surprises of baseball without being distracted by my emotions, conflicts of interest, and bias. Post-season baseball is the best of the game; when I am trying to introduce baseball to neophytes, this is the best time to do it. Yes, the dumbed-down broadcasting by the networks is annoying, but it’s always been that way. And yes, I still have some rooting biases: most of my friends  are Washington Nationals fans, do a piece of me is supporting them. I like underdogs, so the Twins, Rays, and every National League team but the Dodgers have my sympathies. The Yankees have had such a courageous, astounding season, winning over a hundred games despite having more significant injuries than any MLB team in history, that I even find myself rooting for them, because if any team deserves a championship, the 2019 New York Yankees do.

2. First, do no harm. Second, don’t be an asshole...This is incredible. Employees at a St. Mary’s Regional Medical Center in Lewiston, Maine  created a “wall of shame” where they displayed confidential medical records of disabled patients in 2016, the state Human Rights Commission has found.

The records posted on the wall concerned sexual activity, photos and descriptions of  body parts and bodily functions of patients. St. Mary’s told CNN that it is “fully committed to ensuring this doesn’t happen again.”

Gee, that’s comforting. How did this happen in the first place?

The Shame Wall was revealed as part of a harassment complaint. MyKayla McCann, an employee who had been treated at the hospital, said that the existence of the “wall of shame” constituted an “abusive environment” where hospital staff displayed open hostility to those with disabilities.

“Coworkers constructed a workplace display ridiculing patients with disabilities. [McCann] encountered the display every day as part of her regular environment, making harassment pervasive,” the investigation said. “The information posted on Shame Wall was intended to demean and humiliate and included supposed ‘jokes’ about the hospital’s physically and mentally disabled patients.”

One employee was fired and another was given a warning in response to the incident. It took the hospital  four months after McCann’s complaint to take the Shame Wall down, according to the report. How caring. How efficient.

Continue reading →

By What Theory Is This Judge Qualified To Stay On The Bench?

/ Jack Marshall / 11 Comments

How low can judicial standards of ethics go? In the 10th Circuit, apparently, pretty low.

U.S. District Court Judge Carlos Murguia of Kansas City, Kansas, is an appointee of President Bill Clinton. His sister is a judge on the San Francisco-based 9th U.S. Circuit Court of Appeals and was also appointed by Clinton.

According to the Tenth Circuit’s judicial council recent opinion following a judicial conduct investigation, Judge  Murguia gave “preferential treatment and unwanted attention to female employees of the judiciary in the form of sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact, much of which occurred after work hours and often late at night.” In other words, he is a serial sexual harasser. The harassed employees, the investigation found,  were reluctant to tell Murguia to stop his abuse because of his power as a federal judge.  One victim finally complained.  Murguia continued the harassing conduct anyway. Continue reading →