The Alex Rodriguez Suspension, Barry Bonds, And The Slippery Slope

New York Yankees' Alex Rodriguez stretches before American League baseball game at Fenway Park in Boston

In a decision that further defines major league baseball’s cultural standards regarding performance enhancing drugs and the players who use them, New York Yankee Alex Rodriguez was suspended for the entire 2014 season and post-season by an arbitrator yesterday. Rodriguez, a long-time superstar who was once considered a lock to break baseball’s career home run record, and who is the highest paid player in the game, was suspended for illicit drug use without testing positive under the game’s union-negotiated testing system. He was, instead, suspended for a violation of the player’s Basic Agreement under baseball management’s right to police the game and do what is in its best interests.

The evidence that Rodriguez was a flagrant and long-time steroid abuser came from documents obtained from Biogenesis, a lab that developed drugs for athletes and others, as well as convincing testimony. Rodriguez had challenged the suspension in a grievance procedure after MLB handed down a 211 game suspension during the 2013 season. The arbitrator’s ruling, which is confidential, apparently concluded that the player not only cheated, but obstructed efforts to enforce baseball’s intensified anti-drug measures in the wake of the wide-spread use of PEDs in the 90’s and thereafter.

As expected, the result produced the usual complaints and rationalizations from the disturbingly large contingent of baseball fans and writers who remain obdurate regarding the offensiveness of steroid cheating, claiming that it was “a part of the game,” that the objections to it are inconsistent, and that baseball’s vilification of users is hypocritical. They had been practicing these and related arguments for months as they waited for the baseball Hall of Fame voting results announced last week, in which about 65% of the voters showed that they regarded steroid use as a disqualification for the honor, even when a player-user had excelled on the field. Rodriquez’s defeat deeply undermines the cause of the steroid defenders, and the likelihood that their argument will ever prevail. Continue reading →

Ethics Hero: Tom Wynkoop

Isn't it a beautiful day?

Isn’t it a beautiful day?

In Ligonier, Pennsylvania, Tom Wynkoop, owner of Fox’s Pizza Den, was inspired by the deadly cold of the last few days—below zero in  his region—to tweet an offer to pick up and deliver prescription medicines and other products to the elderly at no charge. The community, about 45 miles east of Pittsburgh, has many elderly residents. In his tweet,nice guy Wynkoop told those in need to just call his cellphone to arrange deliveries, and he’d be there. Several area seniors took him up on it, and kept out of the chill.

If I learn that Wynkoop had just hired a marketing consultant who suggested the idea as a publicity stunt, I think I’ll kill myself. Still, some needy seniors got their medicine, and in the end, that’s what matters. If Tom Wynkoop’s kindness ends up selling a few extra pizzas, good.

Gotta go inspire about 300 D.C .lawyers to be ethical now. Through a nasty rain storm.  And I just read yet another infuriating post on a baseball blog from a reader who calls treating steroid cheats as unfit for enshrinement in the Hall of Fame as “moralizing.” But thanks to a Pennsylvania pizza place owner, you just can’t  harsh my mellow.

__________________________

Pointer: Lianne Best

Facts: WTOP

Graphic: Daily design inspiration

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

Snowden

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of  The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female  client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

Jumbo film

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading →

Betrayal: Robert Gates Gets Even

dutygates

When General George Marshall, World War Two military leader, former Secretary of State, and architect of the Marshall plan, was offered a million dollars to write his memoirs in the 1950s, he demurred, saying that there was no way he could write a truthful memoir without undermining people still at work in the government and military.

And then there was David Stockman…Paul O’Neill

…and Robert Gates.

Bottom line: these people betray their colleagues for money, and often, as is Robert Gates’s case, out of spite. Former Defense Secretary Gates, like the others, was given an opportunity to serve his country in a high executive branch position. He was privy to policy discussions and the inner workings of the administration. He was trusted. To reveal details of his tenure while the administration he worked for is still in office, done in a way designed to provoke criticism and embarrass his former associates and boss, is the height of disloyalty, and a breach of implicit confidentiality.

The honorable and ethical way to write such a book would be to wait until it could not actively interfere with the work of the Executive Branch. The people may have a right to know, but they do not have a right to know everything immediately. People in high policy-making positions must be able to be themselves, express opinions, and have productive meetings with the confidence that those they work with are not collecting notes for a future Book-of-the-Month sellout. Books like Gates’s undermine that trust, make it more difficult to get candid and controversial opinions and ideas into the decision-making process, and ultimately hurt all of us. The former  Secretary and those who appreciate the additional ammunition for administration-bashing can assemble a lot of rationalizations for the  book, but they all boil down to “Everybody Does It,” the most threadbare and cowardly rationalization of all.

The ethical thing would have been for Gates to write the book in a few years, or not to write it at all. The ethical conduct for the reading public is to discourage betrayals, no matter who is the one betrayed, by sending such books to the remainders bin.

I suppose I should mention that except for the substitution of Robert Gates’ name for that of Paul O’Neill, and replacing “Treasury” with “Defense,” every word above was written in 2004, when I condemned the sell-out of fired Bush Treasury Secretary O’Neill, who had just provided the information used in a Bush-bashing tell-all called “The Price of Loyalty: The Education of Paul O’Neill.” (Yes, the old Ethics Scoreboard is coming in handy today.) Every word applies with equal force to the new memoir by Gates, who was President Obama’s Secretary of Defense and whose current tell-all attack has set Washington buzzing, except that Gates’s conduct is ethically far worse. Continue reading →

Michael De Beyer, Like Don Bedwell, An Exemplary Ethics Hero To Inspire Us

Mathis and hero

Writing about my favorite Ethics Hero of all time, Don Bedwell, in 2005, I began, “There are special and rare people whose ethical instincts are so pure and keen that they can make the rest of us feel inadequate.” Like Don Bedwell, Micheal De Beyer is such an individual.

Brittany Mathis, 19, works for De Beyer at his  Kaiserhof Restaurant and Biergarten in Montgomery, Texas, . Her mom and older sister work at the restaurant as well, so she would describe her boss as a family friend. In December, Brittany learned that she has a 1.5 inch brain tumor  She can’t afford to find out whether the tumor is benign or malignant, but her father died from a similar tumor years ago, so her situation is dire. She doesn’t have health insurance.

De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and has an estimated worth of $2 million, to pay for whatever medical treatments are necessary to save Brittany’s life. “I’m not able to just sit by and let it happen,” De Beyer told a local paper. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help.” Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part One)

This is the first installment of the Worst.  It says something, and not something happy, that this segment of the year-end awards are more than twice as voluminous, and far more competitive, than the “Best” of 2013 ethics. Well, nobody said it would be easy….

Ethics Train Wreck of the Year

trainwreck

Obamacare, a.k.a Affordable Care Act. This is quite an achievement, as there were at least two other three Ethics Train Wrecks rolling along in 2013 that would have been easy victors in a less horrible year. One of them, The Trayvon Martin- George Zimmerman Ethics Train Wreck, was last year’s winner, and still wreaked ethics carnage across the culture, thanks to Zimmerman’s trial (which never should hev been brought), the biased media coverage, the incompetent prosecution, the inept judge, and then afterward, the ignorant and/or racially motivated attacks on the jury for doing its job well and fairly against overwhelming odds. Yet as bad as this hangover from 2012 was, the Sandy Hook Ethics Train Wreck was arguably even worse. The news media decided to go Soviet and abandon all pretense of objectivity, essentially becoming an Obama Administration propaganda tool for gun control. Elected officials lied their heads off; so did the aroused NRA. Gun owners talked and behaved like they were about to be Gulaged. Legislators shamelessly used the grief of victims to stampede public opinion; children became props; fake statistics were everywhere; brain-damaged Gabby Gifford was programmed to read child-like messages as if they were the conclusions of research papers. The President’s total lack of political leadership skill again came front and center, then, when he had failed to do what he promised to do, the opposition was vilified by celebrities like Jim Carrey, who called them murderers and worse.

But the Affordable Care Act lapped both of these. It revealed itself to be a five-year long train wreck that just took a break after an earlier stretch where the bill was passed without due diligence by its supporters and using a cynical by-passing of due process. A Presidential lie intentionally devised to deceive the public was repeated for the five-year span, and then exposed when the law began to take affect….but not before the law inspired Republicans to force a reckless and irresponsible shut-down, a mini-train wreck within the train wreck.  The website debacle was initially spun by the news media (not working worth a damn isn’t a “glich”), then the evidence of near criminal ineptitude became impossible not to report. The indisputable evidence that the President of the United States had sold a program under false pretenses came to light, prompting dozens of politicians, bloggers, pundits and reporters to destroy their credibility forever (I hope) by desperately trying to either rationalize the lie ( “the ends justify the means”), call it something other than what it was (The New York Times’ disgraceful “incorrect promise” was one low point), or simply deny that it was a lie at all (Democratic Chair Debby Wasserman Schultz, setting a new low for personal dishonesty, itself an achievement in her case). Then, when the public pressure and political fall-out became unbearable. the President just began amending the provisions of his own law on the fly, except that it was the nation’s law, and it’s unconstitutional to do that—this, after the mantra from Democrats and the news media during the shut-down debate was that the ACA was “settled law.”  HHS Secretary Sibelius misled Congress, the White House denied that her stated goals were goals once it was obvious they wouldn’t be met; and nobody was held responsible for yet another Obama Administration debacle. And there’s a lot more, with the train wreck still moving at top speed.

Fraud of the Year

Iowa State University biomedical sciences assistant professor Dong-Pyou Han, who resigned after admitting he tainted blood samples to get desired outcomes in research animals, allowing him to claim a break-through in the effort to develop an AIDS vaccine. The National Institutes of Health had awarded Han’s research team $19 million in multi-year grants.

Incompetent Elected Officials of the Year

  • Elected Body (National): House Republicans, who staged a wholly useless, expensive and damaging government shut-down on “principle,” without ever articulating what that principle was sufficiently for anyone responsible to agree with them. Runner-Up: The California House Legislature, which passed a law allowing illegal aliens to practice law.
  • National Elected Official:  President Obama.  From being incapable of working with Congress, to refusing to fire incompetents, to not knowing what was going on in his own administration, to drawing red lines he wasn’t willing to defend (and then advocating killing people just to show he was willing to defend them), to undermining the trust and faith in both his office and himself by uttering unequivocal lies, President Obama had one of the worst years of self-inflicted miscalculations, errors, failures and reversals of any U.S. President in history. I’m sorry to have to say it, but it’s true.
  • Local Elected Official: Storey County (Nevada) Assemblyman Jim Wheeler (R). Wheeler told a group that if his constituents demanded it, he would vote (with a heavy heart)  to reinstate slavery, as he felt doing so would be his duty as a representative. Runner-up: Maryland House of Delegates Member Don Dwyer (R), who after a drunk driving and drunk boat piloting episode, the latter injuring several people, blamed his conduct in part of feeling betrayed over his colleagues approval of gay marriage in Maryland.

Sexual Harasser Of The Year Continue reading →

Ethics Hero: Former Brooklyn Judge Frank J. Barbaro (Zimmerman Furies: Is This Your Future?)

We can hope.

From the NY Times...

 The judge’s conscience gnawed at him a little more every year after he retired from the bench. With every news article he read about a wrongful conviction, Frank J. Barbaro, the former Brooklyn judge and assemblyman, would return to a particular murder case in 1999, and question whether he had made the right decision to send a man to prison for 15 years to life. Not long ago, Mr. Barbaro, 85, decided to contact the lawyer for the man, Donald Kagan. He got a transcript of the trial, during which Mr. Kagan had waived his right to a jury and put his fate in Judge Barbaro’s hands.

“As I read it, I couldn’t believe my eyes,” the former judge said in an interview. “It was so obvious I had made a mistake. I got sick. Physically sick.”

Mr. Barbaro’s change of heart led to a highly unusual spectacle this week in a Brooklyn courtroom: He took the witness stand in State Supreme Court to testify at a hearing that his own verdict should be set aside. His reason was even more unusual: As a die-hard liberal who had fought as a politician against racism in Brooklyn and weathered the race conflicts in Bensonhurst, he said he had been biased against Mr. Kagan because he was white and the shooting victim, Wavell Wint, was black.

“I believe now that I was seeing this young white fellow as a bigot, as someone who assassinated an African-American,” Mr. Barbaro testified on Wednesday before Justice ShawnDya L. Simpson. He added: “I was prejudiced during the trial.” Continue reading →

Ethics Dunce: ESPN Blogger David Schoenfield

...reason is emotion, and emotion is reason...

…reason is emotion, and emotion is reason…

Every year about this time, a large group of baseball writers, not to mention fans, expose their ethics and analytical deficiencies by making terrible arguments for admitting steroid-using stars of note into baseball’s Hall of Fame. The voting for the Hall is going on now, you see, and this year a bumper crop of candidates were either proven steroid users or reasonably suspected of being so.

Also every year at this time, I pick one of those ethically-challenged writers as an Ethics Dunce. This year, the winner is ESPN’s David Schoenfield, by virtue of a sentence near the end of a recent post in support of Frank Thomas and Edgar Martinez, neither of whom are on the Performance Enhancing Drug suspicion list, as Hall of Fame candidates. Schoenfield wrote,

“The PED disagreements are all about emotion (“Cheaters!”) versus reason (“It was part of the game in that era, we don’t know who did what, etc.”).

Talk about a big, fat, hanging curveball over the heart of the plate! Continue reading →

Incompetent Elected Official Of The Month: Rep. Trey Radel (R-Fla.)

Hey, maybe Trey Radel is trying to emulate the coke-addicted Congressman Peter Russo on "House of Cards"! Quick...somebody tell Trey what happened to him. THAT should make him quit...

Hey, maybe Trey Radel is trying to emulate  coke-addicted Congressman Peter Russo from  “House of Cards”! Quick…somebody tell Trey what happened to him. THAT should make him quit…

This is rather straight-forward.  Trey Radel was elected to represent his district and his state in Congress, and to make laws. He broke the law instead, getting arrested for trying to purchase cocaine. The short term for the Florida Congressman is “disgrace,” and if he had any respect for those who thought  they were voting for an honest, trustworthy man, he would resign. Instead, after taking a leave of absence to complete a rehab program (meaning that a self-inflicted disability robbed his district from representation for about 4% of the term he pledged to serve), he vows to stay on the job. Typical of his nonsensical posturing is this statement: Continue reading →

Melissa’s Apology, Take #2: Much Better!

Melissa finally realized that this photo isn't funny.

Melissa finally realized that this photo isn’t funny.

I posted earlier about the sub-par apologies offered by the infamous MSNBC Three, who decided to indulge their hate for Mitt Romney and Republicans by ridiculing the fact that Romney’s family now includes an adopted African American infant. Either Melissa Harris-Perry got a Martin Bashir memo, or she sincerely decided that she had not adequately communicated regret for the ethically indefensible segment. What she delivered, on the air this time rather than through Twitter, arguable qualifies as a Level #1 apology [“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.”]:

“Without reservation or qualification, I apologize to the Romney family. Adults who enter into public life implicitly consent to having less privacy. But their families, and especially their children, should not be treated callously or thoughtlessly. My intention was not malicious, but I broke the ground-rule that families are off-limits. And for that I am sorry. Also, allow me to apologize to other families formed through trans-racial adoption, because I am deeply sorry that we suggested that interracial families are in any way funny or deserving of ridicule. On this program, we are dedicated to advocating for a wide diversity of families. It is one of our core principles. And I am reminded that when we are doing so, it must always be with the utmost respect. We’re genuinely appreciative of everyone who offered serious criticisms of last Sunday’s program, and I am reminded that our fiercest critics can sometimes be our best teachers.”

Harris-Perry deserves special credit for the last sentence. She didn’t have to say that, and it is an excellent point for her to make, especially on her network, where some critics have been told that someone needs to shit in their mouths. Continue reading →