Character

Bad Tweets

/ Jack Marshall / 29 Comments

There are enough unethical, dumb, disturbing and occasionally  illuminating tweets from organizations and public figures every day to devote a whole blog to them; indeed, this is what Twitchy does, albeit with a strong conservative bias. I’m not going to make a habit of it, but these are too ethically provocative to pass up:

1. Here’s a tweet from conservative host and pundit Erick Erickson, a prominent NeverTrumper:

What does this even mean? The Constitution insists on free speech; how is the government enforcing Constitutional principles that ensure freedom, “not free’? The Executive Order he was reacting to only affects government-supported colleges and universities (obviously). Erickson is no idiot: this is Trump Derangement—if President Trump does it, it’s wrong— at its saddest. Combine that with Twitter, and the result is sadly predictable.

2. I don’t see how anyone can argue with Federalist editor Mollie Hemingway here, reacting to a tweet from CNN legal commentator (and Democrat) that is part of a general effort by the mainstream media to cushion the blow for “resistance” members when the Mueller report fails to show that President Trump had a traitorous deal with Russia to steal the election:

Continue reading →

Amazing Tales Of “The King’s Pass”: The Johnny Manziel Saga

/ Jack Marshall / 32 Comments

To refresh your memory, from the Ethics Alarms Rationalizations list:Ethics Alarms Rationalizations list:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

There was good news on the King’s Pass front, when reports emerged that the Philadelphia Philllies decided to spend their “crazy money” on free agent outfielder Bryce Harper rather than free agent infielder Manny Machado because of Machado’s unsportsmanlike conduct during the recent post-season and his excusing his loafing to first  in a game by saying that he “wasn’t Johnny Hustle.” Since Harper’s ridiculous contract from Philly ended up being 30 million dollars more than Machado’s ridiculous contract with the San Diego Padres,  one could conclude that Machado ‘s conduct, which would get a lesser player benched, demoted, traded for a bag of peanuts or released, at least cost the jerk 30 million dollars.

Good.

But with the King’s Pass, such episodes are rare. Yesterday we learned that alleged football star quarterback—his nickname is “Johnny Football”—Johnny Manzeil was released from the Canadian Football League. The CFL wouldn’t give details, saying only he had “contravened the agreement which made him ineligible to play in the league,” but since it was known that the agreement included weekly therapy appointments, mandatory doctor visits and monthly Lithium tests, it doesn’t take a genius to figure out what happened: Johnny happened. Here’s a summary of Manziel’s “controversies” from Wikipedia:

June 2012 arrest

On June 29, 2012—before he was chosen as Texas A&M’s starting quarterback and before his first college game—Manziel was arrested and charged with three misdemeanors—disorderly conduct, failure to produce identification, and possession of a fictitious driver’s license. These charges stemmed from a late-night fight…In July 2013, he pleaded guilty to failure to produce identification, and the other two charges were dismissed.

…After the incident, Manziel eventually regained the favor of his team and head coach…and was named the starting quarterback… When reporters asked about the incident during his first press conference on November 27, Manziel stated that he had learned from the mistake and “had to make a lot of changes in [his] life.”[146][147]

2013 offseason

During the 2013 offseason at Texas A&M, Manziel drew significant media attention over his behavior off the field. Notable incidents include his early departure from the Manning Passing Academy after allegedly oversleeping, tweeting that he “can’t wait to leave College Station” after receiving a parking ticket, and getting kicked out of a fraternity party…ESPN reported that the NCAA was investigating whether Manziel accepted payments for autographs that he had signed in January 2013. The NCAA did not find any evidence that Manziel accepted money for the autographs, but reached an agreement with Texas A&M to suspend him for the first half of the season opener against Rice University, due to an “inadvertent violation” of NCAA rules.

2015 offseason

On February 4, Manziel entered a treatment program for unspecified reasons. On May 30, Manziel was involved in an incident with a heckler at a   golf tournament. The heckler had been continually asking for an autograph, to the point that Manziel became fed up and threw a water bottle at the man. The water bottle missed the heckler. Security and police were called, but no charges were filed.

2015 season

Manziel was pulled over by a policeman after fighting in his car with his then girlfriend, Colleen Crowley. Although no charges were made, Manziel admitted to having had some alcoholic drinks earlier that afternoon…On November 24, a week after Manziel was announced as the NFL C;eveland Browns’ starter for the remainder of the season, head coach Mike Pettine demoted Manziel to third string after a video of him partying surfaced on the Internet….It was later revealed Manziel reportedly lied about the video… Manziel was seen at a Las Vegas casino the night before the Browns played their final game of the 2015 season. Manziel was scratched from the final game because of a concussion. …The next day, Manziel failed to report to the Browns on Sunday morning when he was supposed to report to the team medic, which all players with concussions are supposed to do.

2016

On January 6, 2016, Manziel’s marketing agency, LRMR, announced that it would no longer work with Manziel. Manziel’s agent, Erik Burkhardt, also announced that he would no longer represent Manziel. On February 5, 2016, the Dallas Police Department announced that they were opening a criminal investigation with a claim of domestic violence involving his ex-girlfriend, Colleen Crowley. Dallas police had originally closed the case, but re-opened it with allegations stemming from an altercation on January 30, 2016, at a downtown Dallas hotel. According to Crowley, Manziel forced her into a car, pulled her by the hair, and threatened to kill both her and himself. On April 24, Manziel was indicted by a Dallas grand jury on misdemeanor assault charges for the incident.

On April 19, 2016, after just two months of representing him, agent Drew Rosenhaus terminated Manziel as a client, marking the first time in Rosenhaus’ 27-year career he fired an NFL player.On the same day, Nike ended its sponsorship with Manziel.[166]

On June 24, 2016, Manziel’s attorney, Bob Hinton, accidentally sent a lengthy text message to the AP relating to Manziel’s defense in his domestic violence case. In the message, Hinton expressed concerns about Manziel’s ability to stay clean, saying that he was given a receipt that suggests Manziel spent around $1,000 at The Gas Pipe, a drug paraphernalia store. On the same day, Manziel’s father, Paul, told ESPN: “He’s a druggie. It’s not a secret that he’s a druggie. Hopefully, he doesn’t die before he comes to his senses. I mean, I hate to say it, but I hope he goes to jail. I mean, that would be the best place for him. I’m doing my job, and I’m going to move on. If I have to bury him, I’ll bury him.”

On June 30, 2016, he was suspended for the first four games of the 2016 season for violating the NFL’s substance abuse policy. On December 2, 2016, Manziel and prosecutors finalized a plea agreement in which Manziel agreed to undergo counseling and have his conduct monitored by prosecutors for up to a year or face prosecution.

Apparently Wikipedia got tired of updating Johnny’s page. Now kicked out of the NFL and the CFL, a new pro league is thinking about signing Johnny Football, and here is how USA Today reported it, in part: here is how USA Today reported it, in part:

It’s no surprise Johnny Manziel’s sudden availability was cause for great celebration around the AAF (Alliance of American Football). Johnny Football would be the ultimate addition for the upstart league….Before anybody whips out a contract and a pen, however, be warned: You don’t know who you’re getting. Will it be Johnny Manziel, who last summer spoke earnestly of prioritizing his mental health and the costly lessons he’d learned from when he didn’t? Or will it be Johnny Football, whose boozed-up escapades and immaturity sent him crashing out of the NFL two years after he was a first-round pick?

Gee, I think it will be Johnny Manziel, certified asshole, who has been behaving the same way since college, but teams keep signing him and giving him money, sending the rest of the team, football, kids and the world that if you have talent, you can get away with almost anything, or at least get an endless number of “second chances.”

The other news? Manziel’s wife was accused of cheating in a half-marathon, and lying about her time.

Come on, AAF, sign him up! What are you waiting for?

On Basic Blog Participation Ethics [Updated]

/ Jack Marshall / 79 Comments

I just had to spam 14 comments, come of them quite extensive, a couple gratuitously insulting, by a former privileged participant here who has been banned from commenting following the procedures described quite clearly under the Comments policies above. That all of these illegal comments arrived exactly during the time when I was unable to visit or moderate Ethics Alarms because of a speaking engagement was either a remarkable coincidence or bad luck. The Mexican army attacked while the Alamo [no, not “Amazon,” as I wrote the first time.] defenders were asleep, too. It’s a crummy thing to do, and, of course, unethical. Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

Observations On Michael Cohen

/ Jack Marshall / 31 Comments

Ew.

  • Michael Cohen was officially disbarred from the practice of law this week, though that result was so inevitable that it barely qualifies as news. He pleaded guilty in November to lying to Congress and evasion of income tax liability, and was sentenced in December to three years in prison and to pay $1 million dollars in restitution. Tha alone made disbarment unavoidable, but he would have been disbarred without his crimes because he taped his client without his client’s consent and revealed attorney-client confidences to try to mitigate the consequences of his own conduct.

His disbarment is backdated to November when he pleaded guilty. It should have been backdated to the day he was admitted to the bar.

  • Conservative critics are absolutely correct that for Congressional Democrats hold a hearing designed for no other purpose than to slime the President while he was engaged in crucial negotiations abroad shows where their priorities lie, and they are not with the United States of America. They want the President to fail in all things (which seems unnecessary, since they will represent his successes as failures anyway), and to undermine his ability to do his job.

There was no valid reason why Cohen’s useless testimony could not have been postponed until after the President’s summit with North Korea’s Kim. Continue reading →

Open Forum!

/ Jack Marshall / 63 Comments

Alas, I have an early flight to New York this morning for some BigLaw legal ethics training, so I’m turning the blog over to the ethical readership, where I know it will be well cared for.

Write about whatever you like, as long as what you like involves ethics or leadership, and is devoid of nasty things and political rants. Also remember that if there are mosre than a single link in your post, it would be read until I get it out of moderation, and I can’t guarantee when that will be today.

Make Ethics Alarms proud!

CALLOO! CALLAY!

/ Jack Marshall / 21 Comments

I’m chortling in my joy because I FINALLY figured out how to navigate the Massachusetts efiling system sufficiently to get my reply appellee’s brief in just before the March 1 deadline. What is known at ProEthics as “The Stupid Lawsuit” has eaten up enough billable hours for me to buy a Lexus if anyone was paying me for it. Having this thing off my back is like having a 75 pound wart removed, not that I don’t expect a new assault eventually

This is, as loyal followers here know, the continuation of the frivolous defamation suit filed against me by a mad commenter who had his little boo-boo bruised by the rough and tumble here. I referred to him in metaphorical terms that weren’t very nice, but they weren’t defamatory either, and now that I have experienced the full vindictiveness of this guy, I realize that my terms were unnecessarily restrained. My return brief, however, was a model of respect and decorum, and also only 12 pages, five of which are mandatory boilerplate. His was seventy incoherent pages or something: I confess to not reading more than a few of them, using the rest to make little origami frogs. The gist was the judge who dismissed the suit in August was an unqualified fool whom I had hypnotized or otherwise turned into my lackey, and I…well, heck, let me get the thing out of my files and not recite it from memory…am a “craven, venal LIAR” who had displayed “toxic mendacity”, though “Orwellian psychosis may possibly overstate the case.” Continue reading →

Morning Ethics Warm-Up: 2/26/2019: Horribles

/ Jack Marshall / 14 Comments

GRRRRRRR!

I have to get my reply brief to that %$#@!#&%! Ethics Alarms defamation suit in today, and I just KNOW the online filing system isn’t going to work..

1. College basketball ethics. See? Baseball isn’t the only sport I follow! Zion Williamson, one of college basketball’s biggest stars and a potential NBA star as well, injured his knee after one of his Nike shoes split less than a minute into Duke’s game against North Carolina last week. Not only does Nike have a likely product liability lawsuit on its hands, while Williamson’s bright career is suddenly in limbo, the freak accident raised—AGAIN–issues of the propriety of the way universities like Duke handle big money sports. The New York Times asked:

“Here were all the issues of big-time college sports laid bare: Should amateurism be curbed in college sports, allowing athletes a cut of the money they help produce? Should a prodigious talent like Williamson, who is good enough to play professionally right now, have to risk his future competing for free because of an N.B.A. rule prohibiting him from leaping to the league from high school? Do the sneaker companies, which were at the heart of a federal fraud trial near the start of the season, do more harm than good in college sports?”

Answers: No, No, and Yes. Big time sports are a source of corruption in all colleges that feature them. Nobody should be admitted to college to play basketball or football. If they don’t want to learn, then there should be no place for athletes in college. Allowing universities to be participants in the business of sports to the extent that universities like Duke are is a travesty of education, and guarantees misconduct.

2. The shadow of Harvey Weinstein and Hollywood’s hypocrisy hung over the 2019 Oscars, but few noted it.

Donna Gigliotti produced the Oscars telecast. There has been no accountability for the many, many stars and Hollywood figures of both genders who enabled Weinstein’s crimes for years, then became #MeToo activists as soon as he no longer had the power to enrich them. [Pointer: Victory Girls]

3. Hasn’t this been obvious all along? Bloggress Ann Althouse does a terrific job deconstructing a New York Times article, a “Trump is Epic,” a conversation between columnists  Gail Collins and alleged conservative (who wants to repeal the second Amendment) Bret Stephens,  that could have been a parody of mainstream media bias and “resistance” false reasoning, but wasn’t. I didn’t have the heart or the stomach to fisk it, the thing is such self-evident crap: Thanks, Ann! She writes in part… Continue reading →

A Visit To “The Ethicist”

/ Jack Marshall / 22 Comments

I haven’t opined on posts by the current holder of The New York Times Magazine “The Ethicist” title as often as I used to, in part because Kwame Anthony Appiah, unlike his predecessors, is a real ethicist, and usually answers the questions to his ethics advice column competently. The February 18 column was especially interesting, however, because Appiah seemed to be ducking some issues. I don’t blame him; two of the three questions he received have no clearly right ethical answer.

The one out of the three that was relatively easy was the anonymous inquirer who discovered that his company was willfully violating labor wage laws and under-reporting wages for workers’ compensation purposes. “Should I report this company to the authorities?” The Ethicist was asked. My answer? YES. 1) Get a lawyer. 2) Document what you know and how you found out about it. 3) Quit. 4) Blow the whistle. “I hope you proceed. Obligations of confidentiality to your employer don’t include the duty to conceal fraud,” was Appiah’s conclusion.

The other two questions are more problematical, especially the first: A correspondent asks what she should do with relatives in desperate financial straits who are begging for her money to bail them out. “I love my family, and it is extremely painful to see them suffer, but at the same time it is difficult for me to fund their lifestyles when they seem like a bottomless pit. I feel guilty and uncomfortable, but also angry and annoyed. Yet how can I watch my sister be thrown out of her house and potentially end up homeless if I have the resources to help her?”

The Ethicist ducks. First he says that the woman should try to train her relatives in financial management, even to the extent of actively managing their budgets. Right: THAT’s going to work. His conclusion: “So the most important thing you and your brother can do is to be clear with her about what you are and are not willing to do if her grasshopper behavior brings her into financial difficulties. And that means first being clear about this matter yourself. Bear in mind that you owe more to family members than you do to strangers, but you don’t owe it to them to abandon all your hard-earned plans in order to pay for their mistakes.”

But that wasn’t the question. Of course family members can’t demand that you fix their financial mistakes. It isn’t a matter of “owing” them, either. The Ethicist also cheats by resorting to a straw man: she didn’t ask if she should “abandon all her hard-earned plans.” She asked how she could sit back and watch them suffer when she had the resources to alleviate some of that suffering. Continue reading →

Yes, It’s Come To This…Bernie Sanders Is Attacked By Progressives For Rejecting Discrimination

/ Jack Marshall / 35 Comments

Senator Bernie Sanders told  Vermont Public Radio,

“We have got to look at candidates, you know, not by the color of their skin, not by their sexual orientation or their gender and not by their age. I mean, I think we have got to try to move us toward a nondiscriminatory society, which looks at people based on their abilities, based on what they stand for.”

Wouldn’t you agree that this position is unassailable based on basic American values and principles? True, it is a self-serving position for Bernie, who is almost certainly too old, male and white to be a viable candidate in the  female, minority, youth dominated Democratic Party, but surely even progressives concede that favoring candidates based on their color, age and gender is bigotry. Right? They have some shred of integrity left, don’t they? Right?

Well, not these progressives apparently:

Neera Tanden of the Center for American Progress on Twitter:

“At a time where folks feel under attack because of who they are, saying race or gender or sexual orientation or identity doesn’t matter is not off, it’s simply wrong.”

(Her statement doesn’t even make internal sense.)

Former Hillary Clinton aide Jess McIntosh: “This is usually an argument made by people who don’t enjoy outsized respect and credibility because of their race, gender, age and sexual orientation.”

(You mean like by blacks discriminated against during Jim Crow, and by women for most of our history, and by gays even now in many communities, Jess?)

 Stephen Colbert: “Yes, like Dr. King, I have a dream—a dream where this diverse nation can come together and be led by an old white guy.”

(I used to think Colbert was witty. It is now clear that he is simply a vicious, hyper-partisan, cheap-shot jackass.)

Writes Prof. Turley, who gets the pointer for this story:

“The Democrats are clearly all-in on identity politics despite the fact that it is viewed by many as inherently discriminatory and divisive. It is a reminder that the best thing going for Trump in the 2020 election remains the Democratic establishment.”

I don’t think anyone paying attention needs any reminders of THAT, professor. That was true in 2016, and has been ever since.