Ethics Train Wrecks

‘Thank God It’s Friday!’ Ethics Warm-Up, 8/24/2018: Tests…

/ Jack Marshall / 41 Comments

Good morning!

It’s good that this week is finally ending.

1. Case dismissed! Today I learned that motion to dismiss the $100,000 defamation suit against me by a banned Ethics Alarms commenter had been granted. I wish I could claim that my brilliant massing of precedent and irrefutable legal advocacy carried the day, but I’m pretty sure it was because the complaint was absurd and frivolous on its face. The plaintiff’s spot-on Captain Queeg impression at the hearing didn’t hurt.

I’m pretty sure he’ll appeal. They always do.

2. Wisdom from Althouse. I’ve been a bit worried about blogger Ann Althouse, who has been increasingly going off on trivial tangents in posts about important topics. She still is capable of perceptive analysis that cuts through the crap, however. Recalling her response when a friend asked her what her views were on “the constitutional crisis” as a former professor in the field, Ann wrote in part,

What “constitutional crisis”? It seems to me the Constitution is in place, working as usual. There are some legal issues in play, but what’s constitutional other than that some of the various actors in the drama have positions defined in the Constitution and obtained by normal constitutional procedures? It was assumed that I would excitedly spring into action because of this assumed “constitutional crisis,” but my response was that I felt distanced from all the ugly divisions, though I thought some good might ultimately come from the crumbling of the 2 political parties….as I walked on, I thought, What constitutional crisis? It isn’t a constitutional crisis. It’s emotional politics, a national nervous breakdown.

Bingo!

Your friends on social media breathlessly blathering on about a constitutional crisis a) want there to be a constitutional crisis and b) don’t know what the hell they are talking about.

You can tell them I said so. Continue reading →

Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie

/ Jack Marshall / 56 Comments

Gee, it’s good to be back home…

It took 9 and a half hours to get back to home and office after my CLE tour in rural Pennsylvania, an adventure that also featured a malfunctioning transmission and new Garmin GPS that went rogue, took us in circles once and 20 miles in the wrong direction another time. This is why the ProEthics, aka the Marshalls, never take vacations. It’s cheaper and safer to have such disasters at home.

1.  Explain to me, somebody...why Paul Manafort’s conviction on ten charges that occurred before Donald Trump ran for President and that have nothing to do with Russia or the Trump campaign somehow endangers Trump’s Presidency? Why is this significant news? Why is it on the front page? Now, I can see why his acquittal would be big news, and it would raise fascinating questions about the Mueller investigation’s focus and competence, but the convictions? Please explain. Somebody?

Right-wing blogger Liz Shield’s cynical explanation of why Manafort was involved in the investigation at all is beginning to look good to me. Shouldn’t it? She writes,

He was put on trial because he worked for Trump so that the left can interfere with Trump’s presidency by clouding everything he does with the threat of looming criminal investigations. That way the hyenas on the cable news network have something to squeak about on their nightly clown shows and most importantly, so that no one wants to work for Trump because the cost is too high.

Now, Liz unfortunately resorts to an “everybody does it” defense of Manafort himself, which undermines her credibility:

Manafort was charged with being a sleazy political consultant like many, many others who operate inside the beltway. Did I mention almost everyone in the consulting business in the D.C. area is a sleaze bucket?…Manafort is 69 years old and he faces decades of prison time. He has another trial with more charges in Washington, D.C., and that starts next month.The never-Trump maniacs danced around in glee in their sad Twitter reality, but no one, and I mean no one, could withstand the scrutiny of a federal investigation of this magnitude. I’d love to see any of these never-Trump sad sacks come out clean after a probe by a massive army of government lawyers and investigators.

There is nothing wrong with Manafort being charged, convicted and punished. If what Shield says is true, then more sleazy consultants should be investigated and face the same fate.

2. And speaking of “sleaze buckets” and  “never-Trump maniacs danced around in glee”…The plea deal by ex-Trump fixer Michael Cohen is also being hyped absurdly, though it does have something to do with the President, and definitely raises all sorts of ethics issues. The funniest one is whether anything Michel Cohen says has any credibility at all. Astoundingly, Times columnist Bret Stephens wrote that Trump should resign or be impeached after Cohen guilty plea. This is an excellent example of how the resistance is so hungry for impeachment that it leaps at any theory, no matter how dubious. I seriously doubt that Jack the Ripper could be found guilty of a crime based on the testimony of Michael Cohen. Why does Stephens believe him? Because he wants to believe him, that’s all, even though there are few public figures alive with less integrity or trustworthiness. Has Stephens read the Constitution? “High crimes and misdemeanors” is usually believed to mean “while in office.” A pre-election election law violation, even a serious one, would not, or should not, qualify. Continue reading →

Fake News Watch: “Truth Isn’t Truth”

/ Jack Marshall / 17 Comments

Okay, if “enemy of the people” is too strong, how about “incompetent and malicious professionals abusing the public trust by misleading and misinforming citizens for the purpose of destabilizing the government and undermining democracy”? How’s that? Better? But doesn’t such conduct make someone an enemy of the people? And it’s so much shorter!

I didn’t see the interview, but still knew immediately that Rudy Giuliani didn’t literally say and mean “Truth isn’t truth” as the news media was widely reporting yesterday. Rudy may have lost his edge, but he’s no idiot, and he is not going to fall into an “alternate facts” gaffe like Kellyanne Conway. If you didn’t know that with relative certainty, if you didn’t assume that the biased news media was intentionally trying to make Giuliani, and hence the Trump Administration, and thus Trump himself, inherently dishonest and ridiculous,  then you are gullible, dangerously ignorant of the complexity of language and the critical role of context, or stubbornly unwilling to accept what is res ipsa loquitur now, which is that journalism has become overwhelmingly partisan and cannot be trusted.

If one witnessed the interview with NBC’s Chuck Todd that produced the fake “gotcha!” and didn’t find that false representation outrageous, then one is simply a hopeless, principal-free “resistance” fanatic.

Here was the actual exchange: Continue reading →

The Pope’s Letter On Sexual Abuse

/ Jack Marshall / 19 Comments

Today Pope Francis released a letter responding to the horrific report on sexual assault involving 1,000 victims and 300 priests in the Roman Catholic Church in Pennsylvania, where I just happen to be speaking today.

I know we are talking about a religious organization, but it is still an organization, a large, wealthy, international one, and any CEO (or, if you like, Chairman of the Board) would have to issue a formal response to a scandal of this magnitude and these damning realities. There is no mystery about what such a statement has to include, if it is going to be ethical rather than defensive, sincere rather than deceitful:

1. This is unacceptable for our organization, or any organization, but especially for an organization like this one.

2. We apologize unequivocally and without qualification to the victims and their families, as well as all members and supporters of our organization who trust us and rely on us to do the right thing. We did not do the right thing. We are responsible for terrible things, things no organization should ever allow.

3. Our organization and its leadership are accountable for these acts.

4. I am personally and professionally accountable for every crime and betrayal of trust in this scandal that occurred on my watch, and there were many.

5. Therefore, I resign [OPTIONAL BUT RECOMMENDED.]

6. It is undeniable that this scandal, which is a continuation of an ongoing scandal reaching back decades if not centuries, is a byproduct of a corrupt and pathological culture within this organization. This culture must change.

7. Here are the steps the organization will take, immediately and going forward, to change it.

The entire letter is below. My ethics verdict: it is the Papal version of  Authentic Frontier Gibberish, a tsunami of words designed to blur the issues and accountability. Prayer and fasting? Gee, why didn’t we think of that before! The Boston scandal that blew the top off of the Church’s world-wide coverup was 17 years ago: I’m pretty sure there has been a lot or praying and fasting since then. Obviously, it doesn’t work, not on this, and it is insulting and demeaning for the Pope to fall back on such reflex nostrums. Some lowlights: Continue reading →

Should ESPN Air The NFL National Anthem Protests?

/ Jack Marshall / 24 Comments

ESPN will not show the national anthem during “Monday Night Football” broadcasts this year, Jimmy Pitaro, ESPN president, revealed. Asked by a reporter if he spoke to the NFL about the rule changes and the national anthem and if he would consider “turning the cameras on an athlete that’s kneeling for the anthem,” Pitaro replied, “We generally have not broadcasted the anthem and I don’t think there’s going to be any change this year. Our plan going into this year is to not broadcast the anthem.”

No, this isn’t an ethics quiz, It’s not because I know the answer. ESPN should be airing the anthem and the likely protests they will include, because of the likely protests they will include. That may surprise you, since Ethics Alarms has been unequivocal in its position that the players are paid to play on Sundays, not exploit games for half-baked and incoherent political statements, that they should be made to observe that distinction, and properly criticized and penalized when they do not. That, however, is a different ethics issue than whether a sports news organization that covers a football game is obligated to also cover news-worthy occurrences that happen during that game. It is. Pitaro’s policy is wrong.

He also pointed out that ESPN usually doesn’t broadcast the anthem. Neither do major league baseball broadcasts unless something or someone special is involved, for the same reason: they sell advertising time instead. Why should the TV audience be able to participate in a brief ritual to honor their nation (which was never that great, as Governor Cuomo reminded us) when there is  money to be made? I miss the anthem—my dad sometimes sang it, horribly off-key because he was tone deaf, right in our living room, drowning out Whitney Houston or the Marine Band as he did—but since it’s always the same music, the decision is defensible although I disagree with it. Continue reading →

Morning Ethics Warm-Up, 8/17/18: Dead Singers, Honorable Magicians, Untrustworthy Ex-Employees, Volunteer Pitchers, And Little Horses

/ Jack Marshall / 71 Comments

Goooood Morning, Pennsylvania!

(That’s where I going for the next four days, on a rural Pennsylvania ethics CLE speaking tour!)

1. Aretha Franklin Ethics If I can say right now without question that I will never voluntarily listen to an Aretha Franklin record, does that make me a racist? Her death triggers the “recognition but not admiration” impulse I reserve for artists whose skill and importance to the culture I acknowledge and honor, but whose art I never enjoyed and won’t miss. ( Ella Fitzgerald, Peggy Lee, Barbra Streisand and Joni Mitchell are in the same category for me, restricting the list to pop female singers.) However…

  • It certainly is incompetent for Fox News to mix up Aretha and Patti Labelle, walking right into the “all black folks look the same to them” canard.
  • Since the news media/resistance collective has decreed that anything the President does of says is proof of a depraved soul, we had this yesterday: a White House press pool member for Buzzfeed told another reporter—she didn’t even tweet it!— that the President’s reaction to Franklin’s death was that he”Described her as a person he knew well and who worked for him.” This became more proof that President Trump is a racist: his immediate reaction to the death of a black woman was to think of her as a subordinate.

Will the sane and fair members of the public, which I assume is, if not a majority, a large group, ever turn on such people? A. The statement was hearsay, and not even a quote. B. Franklin did work for him, signing a contract to sing at at a Trump casino. C. What does “knew well” even mean in this context? He didn’t say that he knew her personally, or that they were pals, though who knows? I know her well too: she’s that famous soul singer I couldn’t stand listening to.

2. A spontaneous outburst of integrity...from the unlikely source of professional magician/loudmouth Penn Jillette. Jillette is an asshole, an assessment that I doubt he would dispute himself, but when the vocally-progressive entertainer (aren’t they all?) was asked in a recent Vulture interview to weigh in on Omarosa’s claims about the kind of language Donald Trump used behind closed doors, he responded,

“If Donald Trump had not become president, I would tell you all the stories. But the stakes are now high and I am an unreliable narrator. What I do, as much as anything, is I’m a storyteller. And storytellers are liars. So I can emotionally tell you things that happened racially, sexually, and that showed stupidity and lack of compassion when I was in the room with Donald Trump and I guarantee you that I will get details wrong. I would not feel comfortable talking about what I felt I saw in that room….

I will tell you things, but I will very conscientiously not give you quotations because I believe that would be morally wrong. I’m not trying to protect myself. This really is a moral thing.”

Good for Penn. He’s also a very creative and entertaining magician, as is his mute sidekick, Teller. Continue reading →

Morning Ethics Round-Up, 8/15/2018: Rationalizations, Corruption And Mass Impeachment [UPDATED]

/ Jack Marshall / 36 Comments

Mornin’, all!

1. “That Dog” Ethics. I can think of more accurate and meaner names for Omarosa than “that dog,” but then my vocabulary is larger and more versatile than the President’s…but then, whose isn’t?  I have never heard of “dog” being identified as a racist term—because it isn’t one—though it is a sexist term, often used to denote an unattractive female. Nonetheless, this is presidential language, indeed gutter, low-life language that demeans a President, his office, and the nation he leads when it issues from the White House.

Among the rationalizations that suggest themselves are 1A.  “We can’t stop it” (apparently not, and neither can John Kelly), 2. A. “She had it coming” (nobody short of a traitor or a criminal deserves to be attacked by the President of the United States using such language), 7. “She started it” (which is excusable if you are in kindergarten), 8A. “This can’t make things any worse” (oh, sure it can), 22. “He’s said worse” (true) and many others: I don’t have the energy to go through the whole list.

Of all the dumb, incompetent, self-inflicted impediments to doing the job he was elected to do, the Omarosa fiasco might be the worst and most unforgivable. I’m not sure: I’d have to go through that list, and not only do I not have the energy, I think I’d rather rip my eyelids off.

2. I’m sure glad the new Pope fixed all of this. This story would normally fall into the category of being so obviously unethical that it isn’t worth writing about. Moreover, Ethics Alarms had referenced the Catholic sexual predator scandals in many ways, on many occasions. What distinguishes the latest chapter in this ongoing horror is that the latest revelations are coming after all of the lawsuits, damages, mea culpas and promises of reform, and they did not come from the Church. This means that the cover-up was and is ongoing. It means that even with the thousands of children who were raped and abused that we know about, there were many more. It also means, in all likelihood, that the abuse is continuing. Continue reading →

Afternoon Ethics Pick-Me-Up, 8/14/2018: Fools, Knaves And Hypocrites

/ Jack Marshall / 30 Comments

Good afternoon!

1. Unethical tweet of the week, right wing nut division: Jerry Falwell Jr, who heads Liberty University. The acorn that didn’t fall far from the tree tweeted:

Are there any grownups w/ integrity left in the DOJ? When I was a kid, I watched Repubs join Dems to force Nixon out. Now Dems won’t join Repubs to lock up Comey, Lynch, Ohr, Rosenstein, Strzok, , & maybe even despite damning evidence!

Here’s an ethics tip for college age students and their parents: if the leader of a school has this tenuous a grip on basic Constitutional law, pay tuition to some place, any place, else.

2. Then we have the left-wing Pro Publica, which is trying to fuel the desperate Democratic efforts to find dirt on Supreme Court nominee Brett Kavanaugh, and thus issued this…

3.  Which political party is more deranged today? Well, an  Ipsos public opinion survey claims that 43 % of self-identified Republicans agreed that “the President should have the authority to close news outlets engaged in bad behavior.”  Only 36% of surveyed Republicans disagreed with giving a President the power to shut down news outlets like CNN and The Washington Post.

First of all, this primarily raises legitimate concerns regarding the educational level and intelligence quotient of Americans.  99% of those polled could advocate repealing the First Amendment, just as a majority could proclaim its belief that the national language ought to be Finnish. It’s not happening. Professor Turley’s take-away is that “Trump has truly and irrecoverably changed the party and much of the country . . . and, in this case, not for the better.” Baloney. The fact that journalists have exposed themselves as being partisan operatives uninterested in conveying facts to the public in a fair and unbiased manner has changed the public perception of the value of the news media, and not for the better. Whether the change is “irrecoverable” depends on whether American journalism sees the dangerous error of its path over the past several decades, and becomes trustworthy again. Continue reading →

Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness

/ Jack Marshall / 93 Comments

What time is it? I’ve lost track…

1. Keep being intentionally divisive, and eventually you’ll get division…I trace the irresponsible efforts to divide the nation and unravel the bonds of society to the 2000 election, and the false partisan claims that Bush’s was a “stolen Presidency.” Divisive rhetoric became an 8-year strategy of the Obama Administration, with blacks, Hispanics, illegal immigrants, Muslims, LGTB citizens and women being accorded special status as victims and groups in need of special consideration, while whites, men, straight citizens, wealthy citizens, Christians, and, naturally, conservatives and Republicans were consistently demonized and marginalized.  Critics of the first black President were racists, critics of illegal immigration were xenophobes, critics of Hillary Clinton were sexist, and opponents of gay marriage were bigots. The resentment over this long-term and cynical strategy bore misshapen fruit in the election of Donald Trump, and now, says a Zogby Analytics survey, 39 percent of the country support states breaking away from the national government and country, with 42% of Democrats, who have continued to escalate the divisiveness by refusing to accept the election of President Trump as  legitimate, leading the way.

This was where we were headed in 2000, and those who have been reading the Ethics Scoreboard and Ethics Alarms since then know I said so as forcibly as I knew how. Now we are at a point where one party’s leaders are calling for members of the opposing party’s administration to be harassed in public, an attitude that would have been unimaginable just a few years ago.

In the latest example , Attorney General Jeff Sessions visited Houston last week and dines at two Mexican restaurants. The general manager of one of them posted on Facebook,  “We had the honor to serve Mr. Jeff Sessions, Attorney General of the United States. Thank you for allowing us to serve you.” The post attracted such an angry reaction that it had to be taken down. [Pointer: Neil Dorr]

2.  Of course! Why else would anyone not love Nancy Pelosi? The news media and its various pundits is deeply complicit in the unraveling of the bonds holding American together, as exemplified by the Washington Post’s jaw-dropping column claiming that Republican opposition to Democratic House leader Pelosi is entirely based on misogyny and sexism—you know, the same reasons I didn’t vote for Hillary Clinton. Paul Waldman wrote,

“Can we stop treating this lie seriously once and for all? We all know what’s really going on. The Republican attack on Pelosi is about conservative identity politics, full stop. It’s partly the same kind of ugly misogyny that has driven conservatives for years, and that comes out whenever the prospect of a woman wielding genuine power rears its head. Women who display ambition are judged harshly, particularly by conservatives; it’s no accident that Bernie Sanders, whose policy ideas are much more opposed to conservatism than Pelosi’s, inspires nothing like the venomous loathing on the right that Pelosi and Hillary Clinton do.”

Oddly, I have found many reasons despite her gender to regard Nancy Pelosi as an unethical menace, and I haven’t come close to covering all of them. Continue reading →

Ethics Dunces: The San Francisco Giants

/ Jack Marshall / 23 Comments

To be fair, how was anyone to know that Barry Bonds was cheating?

We knew this was coming.

The San Francisco Giants will retire Barry Bonds’ number 25 in a ceremony before tomorrow’s game against the Pittsburgh Pirates. Bonds will become the 12th Giants player to have his number retired, following Bill Terry (3), Mell Ott (4), Carl Hubbell (11), Monte Irvin (20), Orlando Cepeda (30), Juan Marichal (27), Willie Mays (24), Willie McCovey (44) and Gaylord Perry (36). Christy Mathewson and John McGraw are regarded as having their numbers retired, but they played before uniforms had numbers.

None of the other eleven, before Bonds, cheated to reach the heights they achieved in the game, nor did any of the others corrupt the sport, its players, its statistics and records. The Giants knew Bonds was illicitly and illegally using steroids, of course, as did most Giants fans, but they were perfectly happy to enable his conduct and accept his lies because his drug-enhanced talent, which was already formidable, won games. It would have been, one theory goes, hypocritical for the Giants not to honor Bonds. After all, they were complicit and supportive as he amassed Hall of Fame numbers while using methods that disqualified him for the Hall of Fame, if not the San Francisco team.

The retired number, like Bonds’ entire selfish, corrosive, despicable career will now stand for the propositions that the ends justify the means, and the cheating works. That was what Barry was always counting on, and he pulled it off. Now a San Francisco institution is officially endorsing Bonds’ values.

Nice.

No wonder that city’s culture is so screwed up.

You can read the voluminous Ethics Alarms commentary on Bonds, who when I compile the long-promised list of Worst Ethics Corrupters will be a prominent member (right below Bill Clinton) , here.