Ethics Heroes

Alan Dershowitz’s Mueller Report “Introduction,” And Yes, He’s An Ethics Hero [UPDATED]

/ Jack Marshall / 24 Comments

For anyone who actually cares about what the Mueller report means, I highly recommend the Alan Dershowitz “Introduction” to the report, which can be purchased for Kindle for about 7 dollars. I purchased it this morning, and just completed reading it. (The report without the intro is on-line, free, all over the place.) Dershowitz voted for Hillary, is a registered Democrat, was marinated in the Leftist hive that 99% of Harvard has become, and is hardly a “Trump supporter,” which is the now reflex “Shut up!” response to any attempt to break through the “resistance” coup mindset that has become a plague on the web and elsewhere. Dershowitz is pleading anyone who will listen that he deserves plaudits rather than condemnation (one twitter follower calls him a “monster”) for trying to be objective and non-partisan, and  I feel his pain, but his protests are unseemly, and undermine the real ethical service he has performed.

The famous Harvard professor states clearly what the news media and Democrats have intentionally tried to obscure: there was no collusion, no crimes related to collusion, and the investigation report says so unequivocally. The report presents “no evidence of any criminal behavior by President Trump or his campaign with regard to Russia,” he writes. Correct. He also remind us, as few media reports have, that this is a one-sided case. There was no cross-examination of witness or challenges to the conclusions of prosecutors, and the document should be read in that light.

As I expected, Dershowitz make an irrefutable argument that the whole process was tainted by conflicts of interest, since Asst. AG Rod Rosenstein, charged with overseeing the investigation,  was both a key witness and a potential defendant.

On the more confusing matter of obstruction, he clarifies that as well, particularly by knocking down the theory that a  President can be found to have committed a crime by doing something he has clear Constitutional power to do. Dershowitz (and others) have been making this point since the hypocritical uproar over the Comey firing, and he has case law (which you can see from the excerpt above) and legal tradition to back it up. The professor cites the ancient legal principle of Nulla poena sine lege ( “no penalty without a law”, which olds that one cannot be punished for acts not prohibited by law. This is codified in modern democratic states as a basic requirement of the rule of law, and has been described as “one of the most widely held value-judgement in the entire history of human thought.”

Yeah, but we want to impeach Trump!

Continue reading →

A Canine Ethics Hero

/ Jack Marshall / 15 Comments

What you see above, captured by a security camera, is a Border Collie who quickly recognized that his Canadian owner was about to back over his housemate the old Chihuahua, and acted, putting his own life in peril to rescue his friend.

I saw this video on TV this morning, and can’t get it out of my head. I am a great dog lover (I have a great dog, the latest of several), and I know that Border Collies, by some metrics, are regarded as even smarter than Jack Russell Terriers, but without their sense of humor. The herding breed’s members are serious workers and protectors, and they are always vigilant (though our local representative, who crouches by the street, waiting to herd cars, is a little obsessive, and Rugby steers clear of him).

Is there any other explanation for this dog’s actions other than a genuine concern for his little companion? Often dog behaviors are cast in human terms through wishful thinking and anthropomorphic  sentimentality, but I don’t think that’s the case here.

This is a real, canine Ethics Hero.

Morning Ethics Warm-Up, 4/12/2019: “Seeing If I Can Function After Seeing That Fox News Video” Edition

/ Jack Marshall / 17 Comments

Well, it was a good morning…

…until Arthur in Maine sent me THAT.

1. Record ethics. Kansas City Royals second-baseman Whit Merrifield is a fine young rising star, but the nation will never turn its lonely eyes to him.Playing against the Mariners this week,  Merrifield beat out a squeeze bunt that not only tied the game, but also extended his hitting streak to 31 games. That set a new franchise record, beating Hall of Famer George Brett’s 30 game consecutive hitting streak set in 1980. That seems unfair, you say? Most of Merrifield’s streak was last season, you say?

I agree with you. Baseball takes the position on consecutive game streaks of all kinds that the six months between seasons don’t matter or count. I see the logic, a bit: why should a player’s chance at a record be arbitrarily ended because the season runs out? I also have the answer: tough noogies. There is a material difference between hitting in consecutive games over a single grueling season and doing so with a vacation in the middle. I guarantee that if Merrifield’s record got close to Joe DiMaggio’s iconic 56 games, set in the single, famous season of 1941 (when Ted Williams also hit .406), Major League Baseball would have rushed in and disqualified Merrifield for the consecutive game record because it wouldn’t be set in a single season. THAT, of course, would have been redolent of the controversial asterisk put after Roger Maris’s 61 home runs in 1961, which broke another iconic record, Babe Ruths’s 60. (Maris’s record was set in a 162 game season, Ruth’s in a 154 game season.)

Fortunately, Merrifield’s record chase was stopped at 31 the very next day.

This is as good a time as any to mention that the player who got me hooked on baseball, former Red Sox shortstop Eddie Bressoud, whose 87th birthday is coming up (May 2), had a knack for hitting streaks at the start of season. he hit in 15 straight in 1962, his first with the team, and set the team record for a consecutive streak at the start of the season in 1964, with 20.

2.  “Don’t be evil” a distant memory. R. Emmett Tyrrell, Jr. , the founder of mainstream conservative magazine “The American Spectator” announced that the publication had been blacklisted by Google, following an investigative report by The Daily Caller that revealed, Continue reading →

Dear Chris Davis: Do The Ethical Thing, Be An Ethics Hero. Quit.

/ Jack Marshall / 17 Comments

Baltimore Orioles first baseman Chris Davis is making baseball history, and not in a good way. Once a fearsome slugger—Davis led the American League with 53 home runs in 2013, and hit 38 as recently as 2016—he has lost whatever it is that allows a baseball player to hit a ball thrown at him at up to 100 mph. Last season, at the advanced baseball age of 32 when most players, not all, but most, begin to decline, Davis fell off the metaphorical cliff.

His batting average was .168, the worst  in major league history for a regular, with  a  horrible .539 OPS (On base percentage plus slugging percentage), and a -2.5 WAR, meaning that the Orioles would have won 2.5 more games with a borderline major leaguer from the minors playing in his place. There were no injuries or other explanations for Davis’s sudden morph into an automatic out, and sometimes, not always, but sometimes, players bounce back a little bit after such a so-called “collapse” season.

It’s becoming increasingly clear that this won’t happen in Davis’s case. So far in 2019, Davis is 0-for-23 with 13 strikeouts this season and is hitless in 44 at-bats since last September 14. That’s within two outs of the record for consecutive hitless at-bats by a non-pitcher.

Want to know why baseball’s free agents over the age of 30 didn’t get the big long term contracts they expected this off-season?  Look no further than the Orioles’ predicament with Davis. They had to pay him 23 million dollars to be the worst player in baseball last season, when Baltimore lost 118 games. They are on the hook for the same amount this year, and three more seasons after that. Continue reading →

The Forgiveness Of Victoria Ruvolo

/ Jack Marshall / 16 Comments

I’m not great on forgiveness; it’s not one of my virtues. I especially don’t forgive betrayal, but there are other kinds of behavior that I don’t forgive. There are three local theater companies in the D.C. area that I will go out of my way to undermine and if possible, destroy, for the disgusting culture they revealed to me when I had the misfortune to work with them. When my son was four, a local T.G.I.F. that we often frequented treated our family like bugs, then using the excuse that they were short-staffed (their problem, not mine) and offering me a coupon to entice me to come to their crappy restaurant again when it had just given us a humiliating experience. I told the manager to keep his sop, and that we would never set foot in his restaurant again, and we never have. My son is now 24. My problem with  unearned forgiveness is that it diminishes the appreciation of accountability. The fact that when you behave unethically people resent it and no longer trust you is a powerful motivation to be better.

Victoria Ruvolo, who died last week at the age of 59, disagreed. Here is her own description of what happened to her. Her journey began when on November 12, 2004, when six teenagers in Ronkonkoma, New York bought a 20 pound turkey with a stolen credit card. 18 year-old Ryan Cushing threw the frozen-solid bird out of a back seat window, and it crashed through the windshield of the car driven by  Victoria Ruvolo’s and crushed her face.  Her passenger managed to steer the car to the side of the road. Ruvolo awoke in a hospital several weeks later with no knowledge of what had happened. The missile  had broken the bones in her cheeks and jaw, fractured her left eye socket, collapsed her esophagus and left her with a closed-head brain injury.

Later, she wrote, Continue reading →

Morning Ethics Warm-Up, 4/5/ 2019: An Intersex Revolutionary War Hero! An Unethical Feminist Trailblazer!

/ Jack Marshall / 23 Comments

Good Morning!

Well, it was nice while it lasted. Thanks to prurient interest in a minor “Naked Teacher Principal” post, traffic on Ethics Alarms this week resembled those heady days of 2016, before ultra-Trump polarization, liberal commenter cowardice and Facebook’s ban took over. Incidentally, despite many thousand of “clicks,” the post in question didn’t get a single comment from the first-time visitors, meaning that said clicks were meaningless and useless.

1. About “Ma” Fergusen. As promised yesterday in my note about “The Highwaymen”, here is the “Ma” Fergusen saga, which is an ethics feast, though not a tasty one. (Source: Texas Politics)

Miriam Amanda Wallace (“Ma”) Ferguson (1875-1961), was the first woman governor of Texas. She served as the first lady of Texas during the gubernatorial terms of her husband James Edward Ferguson,  who was impeached during his second administration for extensive corruption. When James  failed to get his name on the ballot in 1924, Miriam entered the race for the Texas governorship, promising that if elected she would essentially be guided by her husband and that Texas thus would gain “two governors for the price of one.” She defeated the Republican nominee, George C. Butte, and was inaugurated fifteen days after Wyoming’s Nellie Ross, Miriam Ferguson became the second woman governor in United States history. Thus “Ma” helped set the precedent for future examples of wives being elected (irresponsibly) to offices they were not qualified for as substitutes for their husbands. “Ma” wasn’t the feminist pioneer she has sometimes been represented as. She was the opposite–you know, like Hillary Clinton.

Ma Ferguson (the “Ma” comes from her initials) pardoned an average of 100 convicts a month, and there was considerable evidence that she and her puppeteer husband  were taking  bribes of land and cash payments. The Fergusons also appear to have leveraged highway commission  road contracts into  lucrative kickbacks. Though an attempt to impeach Ma failed, these controversies allowed Attorney General Daniel James Moody to defeat her for renomination in 1926 and win the governorship. She (that is,  puppetmaster Pa) was back in  office in 1932, as she won the governorship again on the wave of discontent over the Great Depression.

The portrayal of “Ma” as a strong, independent executive in “The Highwaymen” would have to be judged misleading.

2. Speaking of women, sort of...An intersex  hero and role model may have emerged through the dim fog of history. Scientific researchers at Georgia Southern University claim that after years of study, their examination of skeletal remains of Revolutionary War hero, General Casimir Pulaski, ‘the Father of the American Cavalry’ has revealed that he  was biologically female.

Imagine if these had been George Washington’s remains… Continue reading →

Ethics Hero: Former Cleveland Indians Star Kenny Lofton

/ Jack Marshall / 7 Comments

[My apologies to Kenny: This is a month late.]

Lofton, a great baseball player for many years, had the guts to articulate nicely my nausea every time I am forced to watch the ESPN Sunday Night Baseball broadcast team of Alex Rodriguez, Jennifer Mendoza, and Matt Vasgersian. It’s a horrible trio, even if you don’t know that Rodriguez is such a loathsome individual and a blight on the game he played. For much of each  broadcast, they sit around joking and blathering while barely paying attention to what’s happening on the field. This would be annoying if they were members of the Algonquin Roundtable, but none of the three are especially clever, insightful or witty. It is obvious that the producers hand them the game’s alleged “narrative,” and they flog it for three hours, as if anyone who understands baseball watches a typical game that way.

But I digress. The issue at hand, flagged by Lofton, is Rodriquez, soon to be Mr. Jennifer Lopez, and there goes another performer I will never watch again. Lofton  told the New York Post last month, beginning with the issue of known and suspected steroid and PED cheats being eligible for election to the Hall of Fame:

“I just don’t like it. It pisses me off when they still talk about the guys who did PEDs still have the opportunity to get in. You cheated the game. Look at somebody like Pete Rose not in the Hall of Fame. I’m not saying what Pete Rose did was right, but his numbers that he put up were real numbers. If it’s all about numbers, guys who cheated the game shouldn’t be in. PED guys piss me off. I just get irked every time I hear people talk about it. You’ve got… a guy [Rodriguez] who got caught with PEDs doing the World Series. I can’t even watch the World Series now. That’s sad, you have a game that I love, I played 17 years in it, and you have Major League Baseball allowing a guy that knowingly cheated the game twice, and he’s the face of baseball, doing the World Series. That is not cool. To see somebody who cheated the game blatantly is doing the World Series? Come on, people. You’re basically telling kids nowadays that it’s OK to cheat the game of baseball. It’s OK to cheat. You will still get a job being a commentator, being the face of baseball. I don’t see how that flies with anyone.”

Neither do I.

 

 

Sunday Ethics Warm-Up, 3/31/2019: The NCAA Tournament, Colbert, Chris Rock, And Bullshit

/ Jack Marshall / 11 Comments

Good Afternoon!

I’ve been thinking a lot about my Dad for some reason, and that was his favorite hymn. It’s an Easter hymn, but our church always had the choir sing it on the special spring service. My unusually musically talented friends knocked it out of the park at my father’s funeral service at Arlington National Cemetery. It also has the advantage of being composed by Arthur Sullivan, just like “Onward Christian Soldiers!” and “Tit Willow.”

1. Fill out your brackets, and enable corruption. It’s the NCAA tournament again, and again, helping the schools and the NCAA and the networks make money off of the destructive and corrupt culture of big time college basketball is ethically indefensible. The New York Times wouldn’t go so far as to say that, but it did recently write about the dissonance, beginning,

Every March, millions of Americans fill out brackets (more than 40 million people, by one count), cheer the underdogs and tune in on television. Others buy tickets to the games, wear jerseys of their favorite teams and let wins and losses dictate their mood. Yet fans who follow college basketball closely know about the game’s intractable relationship to corruption. Even many who come just for March Madness must know that the real madness is not always on the court.

A wide-ranging and fear-inducing F.B.I. investigation into college basketball recruiting continues to ensnare big-name colleges and little-known crooks. It is why Louisiana State, for example, is playing without its head coach, Will Wade, and why Auburn recently had an assistant coach suspended and a former assistant plead guilty of conspiracy for accepting bribes.

This week, the lawyer Michael Avenatti was charged with trying to extort up to $25 million from Nike in exchange for concealing information he had about illicit payments to recruits. He has since revealedsome allegations on Twitter….

The Times doesn’t bother to go into the related problem of how basketball distorts academic goals, sucks away resources that should be used for education, and usually leaves its athletes no better educated than they were when they arrived. As you might expect, the Times’ writer is too ethically incompetent to provide and enlightenment. For example, he quotes one ethicist as saying, “…Someone thinks, ‘Gosh, this is unethical, but I love it so much, and my friends and I have such a good time rooting and cheering that I’m going to participate anyway.’” That description could also be used to justify gang rape. Can we have a little nuanced clarification? Then the Times writer, John Branch, offers these ill-devised analogies:

“Such internal debates permeate our culture. Is it O.K. to dance to a Michael Jackson song, to laugh to a Louis C.K. joke, to watch a movie produced by Harvey Weinstein? To cheer for football knowing what it may be doing to players’ brains?”

Let’s see: wrong, wrong,wrong, and…right.  1 for 4.

A Michael Jackson song isn’t corrupt, or unethical: it’s art. He’s dead: dancing to the song does not enable the misconduct. A joke is a joke regardless of who tells it, and again, laughing at a C.K. joke doesn’t make it more or less likely that he’s going to masturbate in front of a female colleague. Workplace misconduct doesn’t taint the work product, and nobody has claimed that movies themselves are culturally corrupting, or that Weinstein’s films harmed the actors in them.  Cheering for football is a legitimate comparison, because the sport itself is the problem, just like college basketball itself is the problem.

Continue reading →

Morning Ethics Warm-Up: Last Day Before The Start Of The Baseball Season Changes Everything Edition

/ Jack Marshall / 21 Comments

Good Morning!

1. The best explanation ever composed to explain why baseball helps keep us ethical, by preserving our ability to give a damn—-for in the end, the most important of the virtues, the one that makes all the others matter—is caring.

Roger Angell, from his 1975 essay “Agincourt and After,” about the ’75 World Series and Carlton Fisk’s iconic homerun in Game #6 (yes, I was there):

It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitative as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look—I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring—caring deeply and passionately, really caring—which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naïveté—the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball—seems a small price to pay for such a gift.

2.  Some Democrats are displaying integrity and patriotism...This morning’s Ethics Hero: Rep. Jim  Himes ( D-Ct), who disappointed MSNBC’s hack-fest Morning Joe by deploring his colleagues who are sorry the Special Counsel did not find collusion with Russia by the President. They  need to think, he told Joe and Mika, pointing out that he fact that a sitting President is not found to have traitorously conspires with a foreign power to pervert an election is cause for celebration, not regret.  Hey, do you think he reads Ethics Alarms? [Pointer: VinnyMick]

3. But most are not, especially this guy: Martha MacCallum  had Rep. Eric Swalwell (D-Calif.) on her Fox News show last night. Along with Adam Schiff, he has been one of the worst offenders in asserting as fact, without evidence, that the President committed impeachable acts .  True to form, Swalwell told his host that nothing in the salacious and unverified dossier had been proven “not factual.” I am also hearing this Bizarro World legal standard being endorsed by some commenters and, naturally, the  Facebook Borg. In this country, people don’t have to prove themselves innocent, even people like Donald Trump, who seem especially ethics-impaired. Allegation,s rumors and accusations are not enough; in fact, they aren’t anything until they have been confirmed. The Steele Dossier is literally not anything, although it was used deceptively and probably illegally to justify spying on the Trump campaign. Continue reading →

Ethics Hero: Richard Schwartz, Responsible Citizen, And How His Experience Explains Donald Trump

/ Jack Marshall / 14 Comments

Want to know why people are mad as hell and aren’t going to take it any more, so they decide to vote for anyone who appears to be outside the elite cabal that pretends to deliver “democracy?” Here’s a striking example.

During a public comment period during a Seattle city council meeting, Richard Schwartz came to the podium to make his case. He was troubled, as he should have been, that most of the council members were not looking at him, or appeared to be listening. Most were looking at their computer screens or smart phones, scrolling and apparently doing other tasks, or looking at porn, for all he knew. So instead of meekly accepting the disrespect and rudeness of his elected municipal representatives, he called them on it.

“It’s real discouraging to come up here and see all the heads down…,” he began, but Councilwoman Debora Juarez, who was presiding,  interrupted , saying “You’re on a two minute timer here, so let’s go.”

Schwartz professed puzzlement at the response, and after standing silently for several seconds, he asked,

“So it was unreasonable for me to ask that people look up and give me their attention?” Juarez answered by telling him that he only had only a minute and 30 seconds left, and lying, saying that he had their attention, when he obviously did not.

Discarding his prepared statement, since it was obvious that the City Council would only observe its obligation to take public comments in form rather than in good faith, Schwartz said that this was why he came to comment: “the state of our democracy.”  He pointed out that when State Rep. Pramila Jayapal (D-Seattle) spoke in a public comment session the previous week,  she was four or fine minutes and the council was attentive, while everyone else at that session was limited to a single minute.

“It reminded me of George Orwell’s famous line from ‘Animal Farm’ about how all animals are equal, but some animals are more equal than others,” Schwartz continued. And that’s how I feel like I’m being treated now, just because I was kind of asking for your attention, like I noticed you all were very attentive to Ms. Jaypal last week. And I immediately got a hostile response back from you. I don’t understand that.”

With no response, he asked the council members if they ever responded to constituents.  Juarez told him his time was nearly up, as her colleagues either tended to their phones or looked bored.

“Well, it’s all on tape and I think it’s a pretty sad commentary that you think that asking for you guys to look up off of your computers and give attention during the short period of time was an unreasonable thing,”  Schwartz  said. “I really feel bad about that.”

He should feel bad about that. We all should. Democracy doesn’t work when elected officials treat the public this way; it can’t. This is democracy in name only. The stunning thing is that Seattle’s city council is so corrupted by their own sense of entitlement, wisdom and certitude that no ethics alarms pinged when an engaged voter begged them to pay attention to him for a couple of minutes.

For a second straight post, let me reference this November 9 whine-fest by feminist Jessica Valenti called, “How do I tell my daughter that America elected a racist, sexist bully?” Continue reading →