Ethics Dunces

Dick Tuck, Ethics Corrupter

/ Jack Marshall / 13 Comments

Dick Tuck, accepting an award from Democrats in 1973.

“Prankster-at-large,’ the New York Times pleasant obituary calls Dick Tuck, who died this week at the age of  94. He “bedeviled” Barry M. Goldwater, Richard M. Nixon and other Republicans, we are told. He was a “king gremlin of political shenanigans.” It all sounds so cute, so harmless.

This is inexcusable spin. Dick Tuck is the grandfather of such dirty campaign tricks as the infamous “Canuck” letter in 1972, and the “Pizzagate’ Hillary Clinton child trafficking rumor in 2016. He was an ethics corrupter, who “inspired” Richard Nixon to launch his own dirty tricks operation, a pioneer of political sabotage who helped make such unethical tactics as false flag operations and internet rumor-mongering the plague they are today. Nice job, Dick!

Writes the Times, admiringly… Continue reading →

End Of May Morning Ethics Warm-Up: The Games People Play

/ Jack Marshall / 39 Comments

Good Morning!

1. Too soon? On June 6,  “Active Shooter” will be released. The video game allows players to take part in a simulated school shooting scenario, assuming the role of either the shooter, a SWAT team member, or a student trying to survive. the simulation’s developer is Rival Games, and it be sold on the Steam online store. Naturally, the game is being condemned, and there are even calls to ban it.

I see nothing unethical about the game at all. Depending on how well it is constructed, I can even see some benefits of it. A simulation on-line makes more sense that silly active shooter drills in schools, which only increase student anxiety and create the illusion that such an event is more likely than it is.

Promotion for Active Shooter has a disclaimer stating: “Please do not take any of this seriously. This is only meant to be the simulation and nothing else. If you feel like hurting someone or people around you, please seek help from local psychiatrists or dial 911 (or applicable). Thank you.” This is a CYA message, of course. The company is considering removing the option of playing the shooter; I think this would be wise.

Yes, of course the game is offensive and upsetting to many, especially those whose family members and friends were involved in these tragedies. They definitely shouldn’t buy the game. But let’s take a poll:

2. Pantsgate. In what must be the longest running stupid legal ethics story ever, the District of Columbia Board on Professional Responsibility is recommending a 90-day suspension for  former judge Roy Pearson Jr., who sued his dry cleaners for $67 million for allegedly losing his pants in 2005. I wrote about this crazy story on the old Ethics Scoreboard, which is currently off line, but will be back soon, I swear.

Pearson first sought $1,150 as compensation for his lost Hickey-Freeman pants, but when the dry cleaners refused to pay, he escalated his litigation, finally reaching what the board called “the absurd” $67 million  claim. The board, like an earlier hearing committee, found that Pearson  violated ethics rules barring frivolous claims (Rule 3.1) and serious interference with the administration of justice (Rule 8.4). The board disagreed with the hearing committee’s lenient recommendation of a stayed suspension. Continue reading →

Dinnertime Ethics Leftovers, 5/30/18: Whatthehellism, Greiten’s Resignation Gets Spun, And The Cubs Manager Demonstrates Rationalization #30 For The Class

/ Jack Marshall / 4 Comments

(This post was all set to go up before noon. I just had the last item to finish..and then all hell broke loose here. I’m sorry. Now the meal is cold…)

1. Not whataboutism, but rather whatthehellism…It’s a trap, of course. A blatant racist tweet like Roseanne’s yesterday would get CEO fired, a Cabinet member fired, and I suspect, a tenured professor fired, though equally racist tweets have been survived by profs as long as they denigrated whites. Still, the media’s double standard is palpable, as well as undeniable. Thus I was amused when a sudden surge in visits to a post from last September led me to rediscover this, authored then by Keith Olbermann:

and these…

Can we assume, therefore, since it was recently announced that ESPN, like ABC owned by Disney, is bringing back Olbermann for a prominent role in its sports broadcasting, that the company does want to be associated with his kind of vulgarity, incivility and hate? Continue reading →

Ethics Dunce (But We Knew That): Roseanne Barr [UPDATED…Again!]

/ Jack Marshall / 36 Comments

Ugh. The new, surprise hit reboot of “Roseanne” self-destructed when it’s star, not for the first time, couldn’t restrain herself from being objectively repulsive and tweeted a racist insult to former President Obama’s black chief-of-staff, Valerie Jarrett. This morning the comic—at least some people think she is comical—tweeted that Jarrett was the offspring of the Muslim Brotherhood and “Planet of the Apes.” as in “muslim brotherhood & planet of the apes had a baby=vj.” Barr apologized, but ABC was quick: it cancelled the series, saying, “Roseanne’s Twitter statement is abhorrent, repugnant and inconsistent with our values, and we have decided to cancel her show.”

Rosanne didn’t just step on a landmine, she stepped on several, then jumped up and down on them to make sure they blew her to bits, or so it seemed. Can’t attack anyone associated with Obama. Can’t use “Muslim” as an insult. Can’t make monkey jokes about black people. Any of these can be career-killers, and Roseanne did all of them at once, in only ten words and two initials. Wow. It takes a Master Ethics Dunce to do that. I am in awe.

Does she deserve to lose her show over this? Of course she does. It was, by any standard, a racist, hateful tweet. No company, especially an entertainment company, especially a Disney company, can afford to be associated with that kind of  reckless, high-visibility employee,  She was on thin ice anyway, being a self-declared Trump supporter. She should have known that she had to be even more careful than other uncivil comics and celebrities, like Bill Maher, Stephen Colbert and Alec Baldwin, all of whom have  said or tweeted ugly and hateful things about the right kind of people—you know, whites, Republicans, the President, and his family.

One of Roseanne’s writers, stand-up comic Wanda Sykes, quit the show before it could be cancelled in protest over Roseanne’s “joke”, though Sykes herself was booed off the stage in 2016 after going on a hateful, expletive-filled rant against President-Elect Donald Trump, then flipping off the crowd as she exited to boos. Now that’s the kind of comic ABC is proud to employ! Continue reading →

Lunchtime Ethics Warm-Up, 5/29/18: Lies, Boycotts, Boos, and More Lies

/ Jack Marshall / 25 Comments

1. Update: We discussed earlier the accusations by former staff that Rep. Tom Garrett (R-Va.) had used his Congressional staff to perform personal tasks for him, his wife, and his dog. Now he has announced that he will not seek re-election, because he needs to deal with his alcoholism. As we know from many previous example, alcoholism is the go-to excuse for all manner of misconduct. In truth, it doesn’t make anyone misuse public funds, it doesn’t make anyone turn their staff into domestic help. This is a face-saving lie in most cases. In any case, good riddance.

2. Never mind football, what matters most is division and protest. DNC co-chair Keith Ellison actually tweeted this:

Yes, he is advocating a boycott of the NFL because the owners have decided that their ticket-purchasers should not be required to watch protests on the field before kick-off. Ellison and the other fans of making every aspect of American life a source of political discord believe that the protests, incoherent as they are, are more important than the games. He would inflict financial losses on a business for a completely reasonable policy, because it doesn’t further a progressive agenda. And, of course, those most harmed by a successful boycott would be the players. Continue reading →

Ethics Warm-Up, Memorial Day, 5/28/18: Things That Don’t Mix

/ Jack Marshall / 33 Comments

1. Let’s start with some non-traditional casting hypocrisy.

  • Example A: In “The Gentleman Caller,” an Off-Broadway drama by Phillip Dawkins, an imagined romantic interlude between famously gay Fifties playwrights Tennessee Williams and William Inge has been cast with a Hispanic, and Hispanic-looking, actor as the very un-Hispanic Williams, and an Asian-American actor as the quite Caucasian Inge. This is self-indulgent grandstanding by the director that doesn’t serve the play—that’s the director’s duty, to serve the play—and the playwright was a fool to allow it. If the drama was just about two gay playwrights, it wouldn’t matter who was cast to portray them, or what the actors looked like. The identity of the writers is important to this  drama, however. You don’t cast a short, bald man as Abraham Lincoln, and you don’t cast a fat, flat-chested woman as Marilyn Monroe unless you are actively trying to sabotage the play. The New York Times critic didn’t have the integrity to point out the reverse-whitewashing casting-–mustn’t criticize fellow social justice warriors, you know!—but the stunt is both incompetent and discriminatory.

If a director cast an Irish-American and an Italian-American as James Baldwin and Richard Wright in a similar play, he would be excoriated, and rightly so.

  • Example B. Jim Parsons, best known as aging nerd Sheldon in “Big Bang Theory” and now starring on Broadway in the ensemble revival of “The Boys in the Band,” told the New York Times in an interview that the producer insisted that everyone in the cast be gay. Nice. Gay actors have been insisting forever that their sexuality was no bar to their playing straight characters—this is true, if they are any good as actors—but apparently reverse discrimination is fine.  It’s not fine. It’s bigotry.

When my late, lamented theater company revived that play almost 20 years ago, the director, John Moran, himself gay, insisted that the sexual orientation of the actors who auditioned would play no part in his casting decisions, and it did not. I think most of the all-male cast was not gay, but all of them were (and are) excellent.

One of my favorite Clarence Darrow quotes is, “I’m for the underdog. He needs friends a damn sight more than the other fellow. The best fun in life is to fight for the underdog…If the underdog got on top he would probably be just as rotten as the upper dog, but in the meantime I am for him.”

Things that don’t mix: Anti-discrimination rhetoric and discrimination

2. Another “good illegal immigrant” story. Guatemalan woman Gomez Gonzalez was shot to death in a border incident as she tried to enter the U.S. illegally. The episode is under investigation, and the facts are murky: the border patrol claims that she was in a crowd of people trying to cross the border illegally that became threatening and violent.  Here is how CNN begins its account of the controversy:

“Claudia Patricia Gomez Gonzalez traveled 1,500 miles to the United States, hoping to find a job and a better future. Shortly after she set foot in Texas, a Border Patrol agent shot and killed her.”

No bias there! It is absolutely irrelevant to the legal and ethical issues here why Gonzalez was entering the country illegally. She did not deserve to be shot under any circumstances, and she was no more justified in violating our immigration laws whether her objective was to find a “better future” or to open a meth lab. The news media insists on sentimentalizing what is a black and white issue of sovereignty, law-breaking and enforcement, with the intent of confusing the public and demonizing opponents of illegal immigration.

Things that don’t mix: Lawbreaking and status as a virtuous martyr

Continue reading →

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

/ Jack Marshall / 7 Comments

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

/ Jack Marshall / 51 Comments

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

/ Jack Marshall / 19 Comments

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading →

KABOOM! Harvard’s Class Of 2003’s Reunion Attack On Jared Kushner

/ Jack Marshall / 29 Comments

I was going to write about this depressing and disgusting episode from the anti-Trump derangement parade yesterday, but I thought I could keep my head from exploding if I waited a bit. No such luck.

As some of you know, I come from a Harvard family. My Dad went there on the GI Bill; my mother was working as the Dean’s secretary when she and my Dad met. I attended the College, and so did my sister. Long after we had left, my mother was still working in the administration, ultimately as Asst. Dean of Housing. I was raised about 15 minutes from Harvard Square. I ushered at the football games when I was in high school. Many of my best and oldest friends are Harvard grads; I loved the place. It was a terrific place to go to school. This story, however, makes me deeply ashamed, and demonstrates, not for the first time in recent decades, how poorly the university’s leadership has upheld the core values of America’s oldest institution of learning, opting instead for partisan politics and divisiveness.

Since the 19th century, Harvard has invited alumni in reunion years—that is, ever five years—to write personal updates about their lives, and have it published free of charge by the University and mailed to all class members.The crimson covered paperback is called the Red Book. I have read more of them than I can count, between my father and myself. Here’s one of my father’s:

Continue reading →