As usual regarding illegal immigration, there is no “other side,” only rationalizations, dishonesty and Trump hate and emotionalism. Still, the Left’s…and the media’s but, you know, same thing… rhetoric response to the happenings at the border over the weekend represented a new low. I may just let my deranged Facebook friends stew in their own hateful craziness for a while, so I avoid snapping and telling them exactly how they are acting, which might be ethical but wouldn’t be civil. Here’s international law and human rights expert Alyssa Milano, former witch and Tony Danza’s daughter on Twitter:
“You tear-gassed women and children, asswipe! And on Thanksgiving weekend, you piece of shit, asshole, motherfucking, evil-creature-person!!”
Now, I count at least five ways this is unforgivably moronic (It’s not unforgivable to be a moron, but it is unforgivable to make moronic statements in public), but maybe you can find more that five. It is also, except for its exact choice of words, pretty much the same level of logic as most of my lawyer friends on Facebook: yes, they have been reduced by Trump-hate to the abysmal level of a washed-up celebrity with (I think) a high school education.
One: women who break the law and participate in violent attacks on law enforcement officials are as legitimate targets of non-lethal response as men. Funny how feminism evaporates when it is convenient to the feminist.
Two: Using children as human shields is child abuse, and essentially what sops like Millan are arguing is that an adult with a child should be subjected to different law enforcement standards and more lenient ones than anyone else. Wrong. Also unworkable. Also stupid. There were pictures coming out of yesterday’s chaos of men holding up toddlers as literal shields. Nice. By all means, Alyssa, let’s make that an effective tactic.
Three: Democrats, reporters and Facebook sillies were using “gassed” to describe tear-gassing as if the U.S. was breaking the Geneva convention with chemical weapons. Tear gas and pepper spray are legal, useful, necessary alternatives to deadly force in riot situations. My college classmates were subjected to tear gas twice while I was in college, and deserved it.
Four: Wait, did I miss the new law that says that violent illegal immigrants get a pass on a holiday they don’t acknowledge? Or the one that says that other laws are suspended on Thanksgiving? Or the one that says that besieged law enforcement officials are supposed to throw stuffing and cranberry sauce at their attackers?
As for Five, I offer this to Alyssa and any other hypocrite who had no complaints when this was going on, but who now excoriate Trump in vulgar terms: this link, where we find, Continue reading →
Now don’t let any “turkeys,” related or not, spoil it for you. This is a uniquely American holiday, celebrating our history, journey, values and culture, remembering the value of family, and extolling qualities that Americans should all try to embrace in their daily lives: generosity, empathy, charity, loyalty, perspective, respect and gratitude. Once it was regarded as a religious holiday, but as the culture has gradually rejected religion, for better or worse, and not without the full complicity of organized religions whose conduct would repel anyone, the holiday has struggled to find new moorings. Its value as a yearly ethical touchpoint makes that struggle worth continuing.
1. Speaking of Thanksgiving “turkeys”...A helpful Twitter-user compiled these shots from various progressive websites and blogs:
Nice.
One of the things I have long been thankful for was the excellent training I received at our family dinner table from my proudly iconoclastic father, who could argue any side of any issues, and did, just to teach his kids that they better have a firm grasp of facts, logic, language, and critical thinking before making any assertion, lest they be made to look like fools. He also taught the value of an open mind, and resisting lazy conventional wisdom without foundation, like, say “Trump is a racist.”
2. This one is Obama’s fault. Though heated political arguments were always a potential part of family gatherings, it was Obama’s administration and his allies that made the disgusting decision to weaponize the holidays, commanding their human drones to arrive at gatherings ready to argue the benefits of the Affordable Care Act, and providing brochures and videos to help them accomplish the mission. (Bulletin from Justice Roberts: “There are no Obama Thanksgivings or Trump Thanksgivings!”) Continue reading →
1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:
In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification.
I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.
2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”
Anthony Derlunas, 58, a drunken idiot attending a performance of “Fiddler on the Roof” in Baltimore, suddenly started shouting “Heil Hitler, Heil Trump!” He told police that his display was motivated by his hatred of the President.
Is it fair to call this “Trump Derangement”? I think so. I think that’s fair.
He told an officer he “had been drinking heavily throughout the night” before his performance at the Hippodrome Theatre, which understandably unsettled the audience, many of whom apparently thought that another anti-Jewish massacre was underway like the one in the Pittsburgh synagogue last month that killed 11 people. Some people started running, other wept. According to the police report, Derlunas explained that the final scene of the musical before intermission, depicting a Jewish wedding celebration disrupted by a Russian pogrom, reminded him of his hatred for the President—I know I’m always reminded of Donald Trump when I see “Fiddler on the Roof”—prompting his outburst. Derlunas was surprised, he said, when people around him became angry. You can certainly understand his confusion: all he was doing is shouting “Heil!” during a musical about Jewish history and culture. Somepeople get offended so easily.
Baltimore Police escorted Derlunas out a few minutes later, a police spokeswoman said, and the show continued.
He wasn’t charged with anything, though the theater has banned him for life. “As reprehensible as those words are, they are considered protected free speech because nobody was directly threatened,” police spokesman Matt Jablow said in an email. Continue reading →
“Attorney Michael Avenatti has been placed under arrest on suspicion of felony domestic violence and was booked early Wednesday evening.
Los Angeles Police Department officer Jeff Lee said the domestic violence report was taken on Tuesday in West Los Angeles and the arrest was made Wednesday.
“We can confirm that today LAPD Detectives arrested Michael Avenatti on suspicion of domestic violence. This is an ongoing investigation and we will provide more details as they become available,” the LAPD Twitter account posted Wednesday. In a statement, Avenatti called the allegations “completely bogus.”
…Avenatti posted $50,000 bail and left police custody Wednesday evening. He told reporters waiting outside the station, “I have never struck a woman. I never will strike a woman.”
“I am confident I will be fully exonerated,” he added.
…Avenatti emerged this year as a regular antagonist of President Donald Trump, beginning with his legal representation of Stormy Daniels and his frequent media appearances..he has publicly flirted with a potential bid for the Democratic presidential nomination to challenge Trump in 2020. The alleged domestic violence incident could dash Avenatti’s prospects as a potential insurgent Democratic candidate and clash with the image he has presented of himself as an advocate for women, including Daniels in her clash with Trump and an accuser against recently confirmed Justice Brett Kavanaugh.
The Vermont Democratic Party canceled Avenatti’s appearances for Friday and Saturday following his arrest, and it will refund all ticket sales, said Christopher Di Mezzo, the party’s communications director.
This story is like a great, big, ethics piñata that got hit squarely by a stick and spilled ethics candy all over the floor!
Observations:
1. Is it unethical to take pleasure in the misfortune of another, even a grandstanding, publicity-obsessed gasbag who makes me want to burn my bar card?Nah, not when the inspiration for mirth is condign justice. Like Michael Cohen, the shenanigans of Avenatti were signature significance for a phony and a charlatan, and his fall was just a matter of time.
We should always take pleasure in the exposure of such public figures, however it occurs. Continue reading →
I know I’ve been belly-aching about the decline in views on Ethics Alarms this year. There are a lot of theories, but one certainty: I’ve written fewer posts. Beginning in July, I’ve had an unavoidable two-hour commitment during the work week that has compressed my schedule, and removed crucial time that would normally be used, in part, to create one or two additional blog commentaries. The task also left me fatigued and frequently caused time crunches with other projects. That commitment finally ends after today. I would celebrate, but I don’t have the energy.
1. Twitter bites Bill James. James, the free-thinking, courageous baseball iconoclast often credited with creating the discipline of sabermetrics, has been an inspiration to me for decades in his relentless commitment to banishing bias, majority beliefs and conventional wisdom from his analysis. (“Signature significance,” often mentioned here, is Bill’s term.) Yesterday, I learned that Bill was once again the target of fury within the baseball establishment (it doesn’t “get” Bill, and never will), this time because of a series of tweets he issued in discussing baseball with some followers. Inspired by Washington Nationals free-agent outfielder Bryce Harper’s rejection of a 300 million dollar offer from his club, Bill was musing about the conventional wisdom that players. especially stars, are the reason people watch baseball. Among other tweets, he wrote,
“If the players all retired tomorrow, we would replace them, the game would go on; in three years it would make no difference whatsoever. The players are NOT the game, any more than the beer vendors are…The entire GAME is the product…We’re all replaceable, the players as much as the beer vendors. If they’re unhappy about that, talk to God about it; I don’t make these rules.”
This attracted the ire of the Players Association, which deliberately or foolishly misconstrued what James was trying to convey. As a long-time reader of James’ work, I have seen this theme before. It’s a simple (but too complex for most players and broadcasters, essentially) proposition: even if the over-all quality of the players was reduced, the game being played would look and feel the same, its thrills, strange bounces and dramatic turns would be unchanged, the new, lesser players would yield new stars, and the popularity of the sport would not be significantly diminished. James makes such observations to jolt people out of comfortable assumptions, and force them to think. Too many people in baseball don’t want to think, or don’t know how. James also suggested that for a baseball player who was paid $3,000,000 a year to feel underpaid was ridiculous in some respects. Of course the Players Association and the players themselves couldn’t let that go without objection.
James is a consultant to the Boston Red Sox, and the team felt it had to reject James’ theories in this matter…mustn’t make the union mad, after all. The team wrote:
“Bill James is a consultant to the Red Sox. He is not an employee, nor does he speak for the club. His comments on Twitter were inappropriate and do not reflect the opinions of the Red Sox front office or its ownership group. Our Championships (sic) would not have been possible without our incredibly talented players — they are the backbone of our franchise and our industry. To insinuate otherwise is absurd.”
Of course, James never said that the game could be played without players.
To his credit, and typical of him, James took full responsibility for the mess. “I understand that the Red Sox are not in business to offend people, and certainly regret that I gave offense to anyone,” he wrote. That was clearly not an apology, nor was it intended as one. James has not retracted his statements. He has said that he should have been clearer. Speaking of his rebuke from the Red Sox, he said,
“I’m not offended. None of us in the organization — or, like me, sort of attached to the organization although not exactly in the organization — none of us should give offense unnecessarily. If I did that — and obviously I must have — it isn’t their fault; it’s mine. I do think that my remarks, taken in context, could not be misunderstood in the way that they have been. But it is pathetic for a writer to say ‘I’ve been misunderstood.’ Our job is to make ourselves understood.”
Yesterday, I heard one of the Sirius-XM Major League Baseball hosts ridicule the idea that a millionaire player shouldn’t feel underpaid, citing the salaries move and TV stars get. But James point, if anything, is more valid in reference to that industry. In my tiny corner of professional theater, I have encountered literally dozens of actors, actresses and artists who are as talented and accomplished as many, indeed most, of the stars who get paid multiple millions for their performances. If every film actor alive decided to emigrate to Denmark, it would take less than three years to replenish the talent pool. It would not even take one. For the most part, he public goes to see good movies, not stars. Movies, not actors, are the product.
2. Just so you know that I’m a nice guy...A lawyer representing someone I criticized in a post from several years ago contacted me and asked if I would take the post down. His client, he told me, has been periodically contacted on social media by individuals who have read my post, and she is embarrassed by the episode I was writing about. The lawyer did not demand that I remove the post. He did not claim that I had defamed anyone; he conceded that I had published an opinion within my range of expertise, and that he had no grounds to force me to do anything. He just said that his client would be very grateful if I took down the post.
I checked the statistics. I rather liked the essay, but it had attracted few comments, no more than a hundred or so people had read it, and the topic was now moot. I took it down.
3. The Bad Guys (cont.) Matt Yglesias is an infamous left-wing pundit, and not a very bright one, in my experience. Naturally, he writes for Vox. In the wake of another leftist mob setting out to intimidate those with whom they disagree (Note:I will NOT take down a post if a mob outside my house demands it) Yglesias tweeted,
I think the idea behind terrorizing his family, like it or not as a strategy, is to make them feel some of the fear that the victims of MAGA-inspired violence feel thanks to the non-stop racial incitement coming from Tucker, Trump, etc….I agree that this is probably not tactically sound but if your instinct is to empathize with the fear of the Carlson family rather than with the fear of his victims then you should take a moment to reflect on why that is….I met a woman who didn’t leave the house for months because she was afraid of being picked up by ICE and never seeing her US citizen kids and husband again. What sense was there in terrorizing her family?…I honestly cannot empathize with Tucker Carlson’s wife at all — I agree that protesting at her house was tactically unwise and shouldn’t be done — but I am utterly unable to identify with her plight on any level.
The entire series is signature significance for someone with no ethical comprehension or bearings whatsoever. There is nothing here but bias and rationalizations, and no news organization who employs such an ethically-handicapped writer can be trusted or taken seriously. Because an illegal immigrant is frightened of the fair and legal consequences of her own actions and choices, it is legitimate for a mob to terrify the family of conservative news commentator. Allow me to add intellectual bankruptcy to Yglesias’s undeniable maladies.
Now he’s deleted all of his tweets. Too late! We know you’re a vicious, biased idiot, Matt.
1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.
To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:
One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.
Accusing anyone of anything three decades after the alleged incident is unfair.
Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.
Using alleged misconduct as a minor to impugn the character of an adult and a professional with an unblemished record of good conduct is unfair.
Dispensing with a presumption of innocence under any circumstances is unfair.
Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)
Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.
Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.
The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.
2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,
I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).
An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading →
As we all know, do we not, Mark Sanford is weird. He is the former rising star in the GOP firmament who seemingly threw away his career and reputation to unite with his South American “soul mate,” going AWOL while governor as he went south of the border for an adulterous tryst (using state funds) while his aides told the news media, “Governor? Governor? I’m sure he’s around here somewhere!” He had to leave office, of course, but the forgiving (comatose?) South Carolina voters actually trusted him again and elected him to Congress, only to turn on him in the recent primary for being an outspoken NeverTrumper.
Now we learn that for Halloween, he left a basket of yummy holiday Constitutions outside his office, complete with a witch’s hat, tweeting,
Happy Halloween. Accordingly, Pocket Constitutions are at the ready for today’s trick-or-treaters.
Ugh.
1. The U.S. Constitution is not a Hershey Bar.
2. People who co-opt the tradition of Halloween to exploit their own interests and hobbyhorses, be it dentists who give out dental floss to the kids at their door, religious zealots who hand out Bibles, or those who guilt children into ringing bells for UNICEF or other charities instead of letting them have fun, really have an ethics screw loose somewhere. It’s the kind of thing Ebenezer Scrooge would have done, and maybe he did, except that Chuck never got around to writing, “A Halloween Carol.”
A special ethics demerit goes to every member of the lame duck’s staff, none of whom were able to talk their boss out of this stunt.
‘Conflicts of interest? I have no idea what you mean…’
Disclaimer: This is NOT a baseball ethics post. This is a business ethics post about a major ethics issue, and the business happens to be a major league baseball team.
He is not only being hired to manage the business of a major league baseball team without having ever worked for a baseball organization in any capacity. That would be strange enough. He is also a player agent who has been the representative of several key players currently under contract to the Mets, meaning that he acted for them in negotiating against the team he now heads.Van Wagenen made $25 million in commissions last year on player contracts.
Anyone whose ethics alarms weren’t set ringing like the bells during the Great Chicago Fire by the Mets decision doesn’t understand what a conflict of interest is. Guess who this category includes. Yup: Van Wagenen and the New York Mets.
In a press conference at Citi Field, Mets executives were asked about the conflicts issue, which should have been predictable, mandating a careful, thorough answer. As a player agent for Creative Artists Agency (Van Wagenen has divested himself of all shares in the company and future commissions…at least he figured out that much) Van Wageman’s responsibility was to negotiate the most lucrative contracts for his clients. As the a general manager for the New York Mets, his responsibility is to build a successful team within its resources, regardless of the best interests of his former clients, the players he worked with over the past 18 years. When the “C” word was raised bu reporters, Mets President Fred Wilpon interrupted before Van Wagenen could answer and said that he had spoken with the commissioner’s office and Major League Players Association chief Tony Clark, adding, “We have provisions in Brodie’s contract to deal with any conflicts of interest.”
Oh! Well never mind then! The contract deals with it, and the Mets have spoken to people! All taken care of!
Neither Wilpon nor Van Wagenen would say what those provisions were, but I guarantee this as an ethics specialist: the only provision that could effectively deal with Van Wagenen’s conflicts would be “Van Wagenen can’t be the Mets general manager.” Continue reading →
He defaults to emotion regularly. He is incapable of objectivity. His partisan and ideological bias is palpable. ( He gets drunk on the air every New Years…) And he says idiotic things like this. Good for Scalise, the perfect individual to flag Lemon’s incompetence. His Twitter followers have also noted many other cases of Democrats “killing people.” Or is Lemon and CNN going to stand on the fact that nobody was killed by the Bernie Sanders-supporting sniper who seriously wounded Scalise? I wouldn’t be surprised.
2. Stop making me defend Hillary Clinton! During an interview with Recode executive editor Kara Swisher (full disclosure:I had some unpleasant experiences dealing with Swisher in her Washington Post days, and wouldn’t trust her to walk my dog around the block.) in New York City over the weekend. Swisher asked Clinton a question regarding a quip that was previously made by Holder, but mistakenly attributed it to Senator Spartacus, Cory Booker. “What do you think of Corey Booker … what do you think about him saying ‘Kick them in the shins,’ essentially?” “Well, that was Eric Holder,” Clinton said. “Yeah, I know they all look alike.” “No, they don’t,” Swisher responded.
Now Clinton is being called “insensitive” by her party’s political correctness posse. It was a joke, and also a rebuke of Swisher. The former was absolutely fine (and funny); the latter was a mean-spirited “gotcha!” suggesting unfairly that Swisher thinks of all blacks as fungible, a bigoted attitude, when she just made a mistake. (I get Cory Booker confused with Kirk Douglas sometimes.) Then Swisher turned the finger-pointing back on Hillary, implying that Clinton meant her remark literally rather than sarcastically. Continue reading →
Ethics Alarms 