Jerry Richardson (above), the 81-year-old original owner of the Carolina Panthers in the NFL, has decided that rather than ride out the sexual harassment allegations recently reported by Sports Illustrated, the wisest (and most lucrative course) will be to sell the team after this season. His profit will be somewhere in the billions, not that he isn’t a billionaire already.
New York Times sportswriter Juliet Macur is grievously offended by this, writing,
“Here’s what would make more sense: For Richardson to announce that the proceeds of the sale — or even just a couple hundred million? — would be donated to the women he harassed…[Many men] have been chased from the top of their professions for disgusting behavior involving women they worked with. They are suddenly pariahs, their reputations destroyed. But they remain very rich men, and their families, for generations, will be able to live off the financial rewards they collected while perpetuating these offenses….Richardson, who made his fortune in the fast-food industry, might be the richest of all the men accused in the #MeToo movement so far. Perhaps it’s appropriate, in a legal sense, that he is able to sell his company and walk off the stage. But it doesn’t seem morally fair that he should benefit so richly from it.”
This is pure, unadulterated emotionalism and indignation unfiltered by thought or coherent societal values. If these are the kinds of ethical arguments—and it is an ethical argument–major information sources are going to publish as worthy of being injected into public discourse, we might as well tear up the laws, forswear ethical systems, embrace passion, anger, vengeance and the rest as our sole tools to govern human affairs, and resign ourselves to chaos. Continue reading →
(Lights on the tree about 30% done, and the prickle wounds aren’t infected so far..)
1 Now, now, let’s not forget the wisdom of Joseph Goebbels...More questions about the objectivity, professionalism and fairness of the Meuller investigation are roiling D.C., even though the President isn’t about to fire the Special Counsel, though the mainstream news media went out of its way last week to make you think he was.
For example, were you following the Bruce Ohr fiasco? The former associate deputy attorney general, who was supposed to appear yesterday before the leaky Senate Intelligence Committee yesterday but didn’t, was demoted by the Justice Department when it was revealed that he had not disclosed that he had met with with officials from Fusion GPS, the people who prepared the salacious and discredited “Trump dossier.” Ohr had been part of the Meuller investigation too, but then it was learned that that his wife not only worked for Fusion GPS, she worked on the anti-Trump opposition research that was apparently paid for by the DNC and the Clinton campaign. Is it partisan to question how Meuller allowed people like Ohr and Strzok to be on his team in the first place? No, it’s not. In fact, it’s partisan NOT to ask that.
Meanwhile, Trump’s lawyers have challenged Mueller’s grab of transition team e-mails as a likely breach of attorney client privilege. (This will be in my next year’s Government Lawyer Ethics seminar for sure.) Writes attorney Robert Barnes, in part, on LawNewz:
According to published reports, Special Counsel Robert Mueller engaged in a mass seizure of all emails of the Trump transition team without even a warrant or a subpoena. In my opinion, a mass seizure – as is alleged here against Mueller – cannot conform to either Fourth Amendment standards or attorney-client privilege protections. The questions boils down to this: was there a reason for the individuals communicating by email, including with their lawyers, to believe their communications were private or privileged? Or, did the individuals forever waive or “implicitly consent” to any future search or seizure of their emails?
…The Mueller search runs afoul of many…established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.
The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law…
These are legitimate issues, yet the media, as usual, is soft-peddling them and spinning them as mere Trump obstruction. Worse, however are the multiple Democrats, including a Senator on CNN yesterday, who I have heard repeat a version of the despicable statement that recently earned New York Times editors a collective Ethics Dunce:“If he’s innocent, he has nothing to worry about.”
Please, please reassure me that we don’t have a major political party that is circulating that motto of despots, grant inquisitors, dictators and the Salem witch trial judges as a talking point. Please!
1 Really now: What’s the matter with you? How many of these will it take for everyone to agree that it’s intolerable?
Let’s recap, shall we? Last week, Democratic Congresswoman Jackie Speier confidently cited a “rumor” that that the President was going to fire Special Counsel Mueller imminently. (It would not be undeserved.) The rumor was then treated by the mainstream news media as news, which is, you know, supposed to be fact. This “news” then was considered sufficiently alarming that multiple Democrats and “resistance” members, including former Obama Attorney General Eric Holder (disgracefully) advocated an insurrection, as in “taking the streets.”
Asked about this rumor qua news, President Trump said, no, he wasn’t considering firing Mueller. Did uou know that in the old days, when journalists at least pretended to be ethical, the President would have been asked about a rumor involving his intentions before it was published as news, and before assholes on the Left used it to advocate social unrest?
The episode is beyond unethical. How can anyone support 1) this 2) people who act like this 3) journalists who facilitate this, 4) a party that continues to encourage this, or 5) anyone who supports or enables 1)-4) ?
2. He just doesn’t get it…like a lot of people. Tavis Smiley, whose problems were discussed in the previous post, said this morning that while he did engage in sexual relations with his some subordinates, they were all consensual and therefore did not constitute sexual harassment or an abuse of power. He’s oh so wrong.
Subordinates never have complete freedom to reject the sexual overtures of their boss, so they never can truly consent. It is inherently an abuse of power. Moreover, third party harassment is inevitable, as other female employees are sent the message that they work in a harem. Are they required to submit to the sultan’s desires? If they aren’t asked to submit by their Great Alpha Male, does that mean they have displeased him?
That a hostile work environment, Tavis.
3. ‘If you could see her from my eyes’..Smiley’s attitude conforms to that of a lot of sexual harassers, including, in all likelihood, the President’s. It wasn’t sexual harassment, they believe, because who wouldn’t want to receive their sexual advances?
This made me reflect on this hard-edged number from the film version of “Cabaret,” sung by Joel Grey’s evil MC as sly anti-Semitism for laughs. (I did not know that the number at one point was cut from the stage version because audiences didn’t get the satire until I saw a documentary about Jewish-themed musicals on PBS last night)
If the chilling last line of the song were altered to “It wouldn’t be harassment at all!,” with the “gorilla” representing the way so many women are treated in the workplace, the M.C. would be accurately expressing Matt’s, Al’s, Harvey’s, Bill’s, Ben’s, Dustin’s, and Tavis’s creed.
4. Is Al Gore next? Not if the New York Times can help it. In a story detailing the rampant sexual abuse and harassment of hotel employees by guests, Al Gore’s name never comes up. The story includes the stunning results of union survey of hotel workers in Chicago found that 58% of them had been sexually harassed by a guest. Yet in 2010, when three hotel masseuses claimed that Gore sexually harassed him, his denials were sufficient to make the episode quickly discounted and forgotten. What would happen if the same allegations were made today? If Gore had been elected President last years, would Senator Gillibrand be calling for his resignation?
All right, all right, “Plan J” is not really from outer space. It’s really from the ever fertile mind of Democrats and the resistance, who are now dedicating their efforts on a new, weird, cultural theory to get rid of Donald Trump, one that has its dark routes in Salem, Massachusetts. Plan J—that’s my name for it, not theirs, as I explained here—isn’t quite as bizarre as the Ed Wood camp classic the headline evokes, “Plan 9 From Outer Space,” (If you’ve never seen it, shame on you: you can become culturally literate here) but it’s a lot scarier.
As it has been recently defined, Plan J holds that if women, who must be believed, accuses a man of sexual harassment or sexual misconduct, no matter how long ago the alleged offense occurred, whether or not it relates to the accused individual’s current psoition, whether there is any supporting evidence, whether the alleged incident or incidents were a criminal or a civil violation, regardless of how serious they were and regardless of whether the alleged offender denies the allegations or whether the accusations were known to those who placed him or her in their current position, the targeted individuals must be shunned, punished, and forced into virtual exile, if not erased from the culture entirely.
By establishing the new due process-bypassing, proportion-defying and fairness-erasing social norm, those who have seen their Plans A through I (also enumerated here) either fail miserably or founder have new hope that they may yet force the President of The United States to resign, thus bypassing those messy and inconvenient things called “elections.” In order to set this bold new social norm, every celebrity or powerful person who even vaguely fits a Trumpish template regarding accusations of sexual misconduct must be hounded, attacked, derided or shamed.
It’s really remarkable. Of course, Plan J only became feasible as a result of the Harvey Weinstein scandal, and the subsequent rush of #MeToo-ers to see who they could take down, rightly or wrongly.
There is a certain perverted brilliance to Plan J. Sexual harassment is a filthy, unethical perk of the powerful that had been allowed to harm too many for too long, and was an accepted feature of too many cultures, like government, business, and show business. Thus the pent-up fury sparked by the revelations about Weinstein was justified. But as with The Terror that followed the French Revolution, the legitimate anger and determination to reform the culture also created a different kind of power that corrupted the reformers. The ability to destroy with a pointed finger is intoxicating.
In many cases, the results have been beneficial: the identification of corrupt cultures and the unmasking of genuine workplace predators like Weinstein, Kevin Spacey, and Matt Lauer. In other cases, the fates of the accused have seemed wildly disproportionate to the offenses, although often the reaction of the accused have hastened their demise. The tally of individuals taken down by this frenzy now totals 97 men and one woman—Wait! Make that 98 men: Jerry Richardson, the owner of the NFL’s Carolina Panthers, announced that he was selling his team hours after the NFL announced that it would be investigation sexual misconduct claims against him. Thus Plan J was born: Hey! Why not President Trump?
If due process and sufficient evidence weren’t required to destroy so many others who once had power and influence, surely Sen Kristin Gillibrand’s insistence that as long as she and enough Trump-hating journalists found his accusers “credible,” the fact that none of the alleged acts were criminal, that they did not occur while he was in office and could not possibly be impeachable, and the fact that he was elected with the public’s full knowledge of the allegations were no longer a bar to an effort to force him to resign.
Plan J!
It
Just
Might
WORK!
There are logical and ethical problems that have to be steamrolled in the process, however, if “the resistance’s” dream is to come true. For the principle that any alleged sexual misconduct that a elected official may have engaged in before being elected to become the rule, a lot of lesser figures have to be sacrificed, along with a lot of tenets of basic fairness. For example: Continue reading →
(and no, my tree isn’t decorated yet. As usual, there were complications…)
1 “You’re one of THEM, aren’t you?” Curse everyone on all sides of the political spectrum who have, by shear repetition, turned the mere act of saying “Merry Christmas!” into a presumptive partisan greeting. A recent study indicates that about 90% of the public celebrates Christmas, not some amorphous holiday, either in its religious or secular form on and around December 25th. There should be nothing malign about the salutation at all, and yes, the polite and pleasant response to “Merry Christmas!” is “The same to you!” or “Merry Christmas!” Yesterday, I received a silent glare and a scowl from a merchant to whom I gave the happy wish, and he was selling Christmas tree stands!
2. Not AGAIN! This is one of those periods during a year when the same ethics issues hang around like a bad odor, and I am faced with the choice of intentionally avoiding them, even though they continue to make news and to be the topic of conversation online and on TV, or to keep covering them no matter how bored I get. In fact, all of 2017 feels that way. Every day now, I have to face a new swerve of the Harvey Weinstein Ethics Train Wreck, and its cultural, ethical, and political implications. (Chris Matthews! Rep. Bobby Scott!). The news media disgraces itself daily in its partisan hatred of the President of the United States. “The resistance” and Democrats (but I repeat myself) continue to unethically push the nation into a constitutional crisis as their remedy for the longest loser’s tantrum in recorded history, and, yang to their yin, President Trump continues to be as unpresidential in his manner, words and actions as I thought he would, but hoped he wouldn’t, feeding the flames of division.
3. “Baby, It’s Cold Outside!” Here is an article protesting the movement to “ban” (figuratively, not literally), the seasonal duet “Baby, It’s Cold Outside” for “being insufficiently PC in the sexual assault/harassment realm.” Ethics Alarms called the song “date-rapey” two years ago, so while I don’t exactly want to ban the thing, I am sick of hearing it on Christmas playlists. On Sirius-XM’s “Holly” station, I’d estimate that over 50% of the “Holiday songs” have to do with sex (none have to do with the religious holiday, by design), and I blame “Baby, It’s Cold Outside,” which on the alternative Christmas channel, “Traditions” —where every song is sung by someone who is dead, with the exception of a few hangers-on like Tony Bennett and Johnny Mathis, either of whom could drop any second—“Baby, It’s Cold Outside” is played every hour, sometimes more than once. Pearl Bailey (dead), Steve and Eydie (dead and dead), Sammy Davis Jr, and Carmen MacRae (both dead), Dean Martin (dead). Writes the blogger, Continue reading →
1 Fact. Last night, TCM was showing “Holiday Affair,” starring Robert Mitchum, Janet Leigh, and Wendell Corey. After the film, as is his wont, host Ben Mankiewicz returned with some inside trivia. He said, “Janet Leigh was not prepared at this point in her career to be on a set with such pranksters as Mitchum and Corey. At the point in the film where the actress was supposed to be kissed by Mitchum, Leigh wrote in her autobiography, instead of getting the expected movie kiss, she got a genuine Robert Mitchum kiss while the cameras rolled. The script called for her character to react with surprise, and there is no doubt that’s what audiences saw!”
This was exactly what Al Franken’s first accuser alleged he did to her in a skit rehearsal a decade ago. Now, was that “prank kiss” sexual harassment? Since that kind of “prank” by male movie stars was hardly uncommon, Mitchum was a bigger star at that point than Leigh (who was 22), and he was considered a dreamboat, and this was 1949, Leigh was a good sport about it, and presumably wasn’t uncomfortable for the rest of the shoot. Yet if the film was in made in 1999, she could hold a press conference today and accuse Senator Mitchum of sexually harassing her, and there would be evidence on film.
She could do this a) if she had shrugged the off then as an initiation to the World of Bob Mitchum, but newly “woke” realized it was sexual assault; b) if her career was flagging and she needed to get back into “Variety” headlines; c) if she had been seething all these years and waiting for a chance at revenge; d) if Senator Mitchum were a pro life conservative and her liberal daughter Jamie Lee Curtis called her up one day and said, “Mom, you know that story about Robert Mitchum slipping you a tongue during “Holiday Affair”? You can take that right wing SOB down with that!”
And there would be nothing Senator Mitchum could do about it.
2. On the other hand...Yesterday, director Peter Jackson (“Lord of the Rings” trilogy, “The Hobbit,” “King Kong”), told reporters how Harvey Weinstein, he now realizes, made good on his threats to exact revenge on young actresses who didn’t “cooperate” with him:
“I now suspect we were fed false information about both of these talented women [Ashley Judd and Mira Sorvino] – and as a direct result their names were removed from our casting list…My experience, when Miramax controlled the Lord of the Rings… was of Weinstein and his brother behaving like second-rate Mafia bullies.”
1 How the NFL defines good leadership..The news today that the most recent result of examinations of deceased former football players’ brains shows 99% of them with CTE puts an especially harsh light on the NFL’s new contract with Commissioner Roger Goodell, who was promised hundreds of millions of dollars to serve in the same role he has botched for another seven years. Well, botched is a relative term, I suppose. True, Goodell has made it clear that his league is the least ethical, most venal, and most brutal sports organization on earth. Over his 11 year tenure so far, he proved that the league only regards its star behemoths beating up women after there is a public outcry, then tosses away due process to levy illegal punishments for show. Goodell first denied that the science showing that his game’s routine and unavoidable concussions were deadly, then had his lawyers negotiate an unconscionable low-ball settlement with the desperate families of former players his modern day gladiatorial combat had crippled (it was declared so by a judge, and thrown out), and now says the league is addressing the problem, which it isn’t. Meanwhile, every game, play by play as fans cheer, more young men are sent on their way to a premature, drooling death by brain damage.
Goodell’s biggest star, Tom Brady, and most successful coach, Bill Belichick, are smug cheaters. For the last year, fans paying three figures a game for their seats have had to watch their National Anthem marred by various player protests about..something. Ratings and attendance have fallen; polls show that the NFL is the most disliked sport in America, which it should be, since it kills people, promotes felons and cheaters as heroes, and abuses its fans. But this isn’t considered a botch by the Commissioner, says the New York Times, because “during his tenure as commissioner…Goodell has helped team values skyrocket, and the owners are betting that will continue under his leadership.”
That sentence explains everything, doesn’t it?
2. Welcome to “the resistance” Plan J. Review: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.”
Senator Kirsten Gillibrand unveiled Plan J, since the others are absurd, when she demanded that the President should resign now for unproven allegations of non-crimes, when none of the misconduct occurred during his tenure as Presidency. This is impressive, because it is just as ridiculous and desperate as the other plans, and I thought they had exhausted the possibilities. At a Congressional hearing examining Deputy Attorney General Rod Rosenstein Texas Democratic Rep Sheila Jackson Lee insisted that women who accused non-President Trump of sexual harassment can report it to the FBI. That’s right: now the FBI should be investigating illicit kisses, “groping,’ and my personal favorite, walking into a Miss USA dressing room where the contestants might be in various states of undress.
These aren’t crimes, they aren’t prosecutable, and they aren’t even close to the FBI’s mission and duties. Continue reading →
Yes, the New York Times really printed that, under its banner.
Well,
KABOOM!
There goes my head.
As much as I have learned to distrust the objectivity and motives of the New York Times, I did not expect the traditionally liberal paper to make a sinister argument typically associated with totalitarian regimes. This is nothing but a rephrasing of the traditional “nothing to hide” rationalization for obtrusive state surveillance, as well as illegal police searches and abusive prosecutorial methods.
“If you’ve got nothing to hide, you’ve got nothing to fear” is such a cliché of oppressive state action that it has its own Wikipedia entry. It is often attributed to Joseph Goebbels or “1984,” though there is no documentation for either. It was uttered by villain Pius Thicknesse in “Harry Potter and the Deathly Hallows”:
“As your new Minister for Magic, I promise to restore this temple of tolerance to its former glory. Therefore, beginning today, each employee will submit themselves… for evaluation. But know this: you have nothing to fear if you have nothing to hide.”
In the film version of the novel, the actor (Guy Henry) playing Pius was cast to evoke Goebbels. (above).
Progressive writer Upton Sinclair used an inverted version in 1918 in “The Profits of Religion: An Essay in Economic Interpretation” (1918):
“Not merely was my own mail opened, but the mail of all my relatives and friends—people residing in places as far apart as California and Florida. I recall the bland smile of a government official to whom I complained about this matter: ‘If you have nothing to hide you have nothing to fear.'”
The statement adopted by the Times editors as well as the attitude behind constitute a rejection of democratic values and an endorsement of state sponsored fear and subjugation of individual rights. “It you are innocent, why worry?” literally stands for the proposition that one is guilty until proven innocent, which is an accurate description of the position of the Times, the mainstream media and “the resistance” regarding the baseless allegation of “collusion” with Russia to steal the election from Hillary Clinton. In the context of the editorial, which dismisses legitimate questions about the objectivity and conflicts of interest among Special Counsel Robert Mueller’s team, the argument is especially disingenuous. If one is innocent, one shouldn’t worry if a biased team of lawyers is trying to find a way to make you look guilty?Continue reading →
Still waiting for Christmas Spirit to kick in, because I need it…
1 Plus it gives too much power to John McCain...No major tax bill, indeed no major bill at all, should be passed without at least some bi-partisan participation and support. This isn’t democracy, but some kind of freakish distortion of it, created by incremental irresponsible acts over time by too many politicians to name. I have my own favorite culprits, Mitch McConnell and Harry Reid prominent among them, but assigning blame can be left to objective historians, if there are any. Right now, what the U.S. desperately needs is a leader with sufficient courage and credibility to force both parties not merely to a table but to a serious and dedicated colloquy, with the objective of signing the equivalent of a peace treaty.
I cannot imagine who such a unifying figure might be, or if one can even exist in a culture where the likes of Jimmy Kimmel is accorded moral authority by a disturbing large segment of the population.
2. Bart Simpson would be proud…no, confused, actually. The latest effort to poison every last public refuge from toxic politics comes from the Right, which is encouraging the jerks among them to troll Starbucks in a variation of the old House of Pancakes gag we used to pull in college when we were drunk. (It also was a running bit on “The Simpsons.”) Starbucks writes the customer’s name on the holiday cups of their ridiculously priced concoctions, so the idea is to force the baristas at the openly progressive coffee shops to place the phony name TRUMP MAGA in view and actually announce it OUT LOUD.
At least the IHop prank names were funny, if you had the sense of humor of a 12-year old. ” I have a reservation for a Hugh Jass!” Bart used that one on poor Moe, too.
Supposedly this is payback from conservatives for Starbucks eliminating religious Christmas imagery from their cups, and this year adding what have been called “lesbian hands,”
….further defiling the holiday. I’m not kidding. People are actually complaining about the hands.
The questions by Democratic Congressman Luis Gutierrez during Deputy AG Rod Rosenstein’s hearing today mark him as far worse than a mere Ethics Dunce. It even exceeds the outrageous disrespect of President Obama displayed by GOP Congressman Joe Wilson when he shouted out “You Lie!” during a State of the Union address. Guiterrez—who opposes the rule of law and advocates open borders, just to put his principles and priorities in context— has been emboldened by the divisive and destructive abuse of the President by Reps. John Lewis, Maxine Waters and Frederica Wilson, among others (including Hillary Clinton), and more recently by the irresponsible and dishonest demand by Senator Gillibrand that the President resign for unproven, non-criminal conduct that took place, if at all, long before he was elected President, and that voters ratified by virtue of electing him.
Mostly, however, Guiterrez was moved to disgrace his office and the House of Representatives because he is an asshole—there’s no other word for it—who knows that his party will not discipline him, as it should, for this most disgusting display of unprofessional conduct and hate-mongering. Continue reading →
