That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading →

Ethics Quote Of The Month: David J. Apol, Acting Director, U.S. Government Ethics Office

On October 5, David J. Apol, Acting Director of the U.S. Government Office, felt it necessary to send the following memo to all Trump Administration agency heads.

MEMORANDUM

TO:   Agency Heads

FROM:    David J. Apol, Acting Director  and General Counsel

SUBJECT:   The Role of Agency  Leaders in Promoting an Ethical  Culture

As a leader in the United States Government, the choices that you make and the work that you do will have profound effects upon our nation and its citizens. It is essential  to the success  of our republic that citizens can trust that your decisions and the decisions made by your agency are motivated  by the public good and not by personal interests.

You are ultimately responsible for the ethical culture within your organization. The priorities that you set, the messages that you deliver, and the actions that you take demonstrate your level of commitment to ethics in Government. Your personal conduct sets a powerful example  for the employees  in your organization.

I am grateful to agency leaders who have demonstrated their commitment to ethical service. At the same time, I am deeply concerned that the actions of some in Government leadership have harmed perceptions about the importance of ethics and what conduct is, and is not, permissible. I encourage you to consider taking action to re-double your commitment to ethics in Government. Attached is a sample of actions that OGE has observed in Government agencies,  which  you can take to strengthen  the ethical culture in your agency.

The citizens we serve deserve to have confidence in the integrity of their Government. The public’s trust is not guaranteed. We must earn that trust every day, because the loss of that trust is catastrophic. I want to personally thank you for your service and your work to earn and secure the public’s trust.

ATTACHMENT:

Suggested Actions for Agency Leaders

Demonstrate personal ethical behavior by modeling a “Should I do it?” mentality (versus a “Can I do it?” mentality)

  • Talk about the importance of ethics to your organization by including ethics themes in speeches, communicating ethics priorities in memos, and recognizing the support that ethics officials provide. For example:

    • the Secretary of Defense recently stated his expectation that all employees maintain high ethical standards1
    • the Secretary of Agriculture recently announced new ethics training initiatives and encouraged employees to participate2
  • Get to know your ethics program, and ensure that it is staffed by qualified personnel and has sufficient resources

  • Include ethics officials in meetings of senior leaders

  • Recognize and praise honorable service by employees in your agency

  • Underscore the consequences to the organization and its mission of unethical behavior

  • Promote a safe culture for reporting misconduct

Observations: Continue reading →

Morning Ethics Warm-Up, 10/14/17: Too Much Liberty, Too Much Precision, Too Much Success, Too Much Posturing, And More

Good Morning!

1 Today I’m going to have to waste several hours responding to a vexatious and retaliatory lawsuit by an Ethics Alarms commenter. It’s remarkable I’ve been able to avoid this annoyance for so long, I suppose, but annoyance it is. I’ve been threatened with a few lawsuits, and served once before, in that case by a lawyer who was angry that I described his ridiculous law suit against a Hollywood film as ridiculous.

The misuse of the legal system to harass and extort is an expensive price we all pay for living in a democracy that agrees with Clarence Darrow that in order to have enough liberty it is necessary to have too much. Our prices are higher, our medical expenses are inflated, and other rights, like freedom of expression, are constrained by the nation’s commitment to let common people, and often common people with unethical motives, have easy access to the courts to address their grievances, real, imagined or manufactured. I support this without reservation, , but it is no fun being the victim of it.

2.  It is a common refrain in resistance circles and the social media echo chambers that President Trump “isn’t doing anything.” That is hardly the case, and like a lot of anti-Trump rhetoric, is intentional disinformation. Since the anti-Trump collective spends all of its time trying to devise ways to somehow un-elect him—the 25th Amendment nonsense in back in the news—-while focusing on his tweets, his boorishness,  his feuds, and what he hasn’t done, they ignore the fact that Trump’s administration has been remarkably productive in addressing the issues that helped elect him. The U.S. is no longer wink-winking about illegal immigration. It is undoing the Obama policy of issuing restrictive energy regulations to signal concern over climate change that won’t have any measurable effect on climate change. The disastrous “Dear Colleague” please start assuming all male college students accused of sexual assault are guilty letter is gone and unlamented. We are not being bullied by little North Korea any more. Regulations of all kinds are being cut back. He is remaking the judiciary, pointing it away from judicial activism. Consumer confidence is high, and the stock market is soaring.

All of this has taken place in less than a year. The wisdom of many of these measures can be debated, and progressives hate all of it, but that’s irrelevant. There is much to criticize President Trump for, and much to deplore about his long and short-term effects on his office and the culture. Not accomplishing his stated goals, however, is not one of his flaws.

3. The Washington Nationals, who have morphed into the post 1986 Boston Red Sox as the team that always finds a way to miss winning the World Series, were eliminated in the National League Division Series with the assistance of many flukey plays that went against them. Particularly galling was when an 8th inning Nats rally was cut short in the fifth and decisive game against the Chicago Cubs because Washington’s second-string catcher was picked off first base with the potential game-tying run in scoring position. Jose Lobaton—now a name that will live in D.C. infamy–looked safe on TV and was called safe by the umpire when a snap throw to first by Cubs catcher Wilson Contreras caught him taking too big a lead. A slow motion review of the instant replay, however, showed that Lobaton’s  foot came off the first base bag for a nanosecond while Cubs first baseman Anthony Rizzo still had the tag on him. The naked eye would never have caught it. Still, if a runner is tagged while not on a base, he’s out.

On the NBC Sports website, blogger Bill Baer argued that this was a misuse of instant replay, writing in part,

“I]t feels unfair to use replay review in this manner. Both teams’ success or failure hinged on Lobaton’s foot coming off of the bag for one-sixteenth of a second. It’s a technicality, like coming back to your car at 10:01 only to see the meter maid walking away and a ticket on your windshield.

The spirit of replay review wasn’t about microscopic technicalities, it was about getting certain calls right: home run/not a home run, fair/foul, safe/out (in other areas, obviously, given this argument). Major League Baseball should greatly consider amending the rules to make it so that a player simply returning to the bag is grounds to be called safe, ending the pedantry of these types of reviews.”

This reminds me to add “It’s just a technicality” to the rationalizations I haven’t gotten around to adding to the Ethics Alarms list. (This makes four.)  It may feel unfair to enforce the rules, just like it feels unfair when you flunk the written test to get a license by one question, or get a ticket when you were driving just a little over the speed limit, or win the popular vote and still don’t get to be President because of the Electoral College. The “spirit of replay review” was to get calls right based on what really happens, not based on what the umpire saw or what he thought happened. Not “certain calls”: there’s no virtue in a wrong call that was just a little wrong. The difference between safe and out isn’t small or technical in baseball. It is everything. Lobaton was out, and it isn’t anything but a benefit to the integrity of baseball that he was finally called out. Continue reading →

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading →

Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, E,  F and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading →

THIS Is CNN. How Embarrassing…For You, Me, Ted Turner, James Madison, Gutenberg, Australopithecus, Everyone

I watched this jaw-dropping exchange this morning on CNN’s New Day, unable to process what I was seeing. An alleged debate between two evidently paid CNN commentators, moderated by Alisyn Camerota, supposedly a professional broadcaster, the exchange was neither enlightening, informed or vaguely like anything the Founders could have recognized as “the press.” The level of logic and expression has been exceeded on multiple Jerry Springer episodes. The Kardashians could top it.. on a lucid day. Throughout the interminable segment, the “moderator” made no effort to control the rhetoric, correct screamingly obvious errors,or insist on decorum.

I think the best approach is to have you read it, if you can. When the transcript became available, I realized that what I had seen was even worse than I thought at the time. I was going to challenge you to pick out the most idiotic statements, but that’s too easy: closing your eyes and pointing at the screen would work. Here’s a more worthy test: see if you can identify an intelligent statement, one that wouldn’t be out of place in a bar debate between a soused kindergarten teaching assistant and truck driver recovering from a closed head injury.

But first,a word about Ana Navarro. When CNN started using her as its token conservative in studio panel discussions, I assumed it was one more example of the mainstream media stacking the deck to ensure that the liberal message prevailed by finding the lamest conservatives possible. She’s wishy-washy, inarticulate, and smug. Then Trump was nominated, and CNN found it had a Trump-hating Republican representing the Right on every issue: perfect! Navarro doesn’t even try to hide her hatred of Trump—the CNN anchors don’t try very hard, but they do a better job than Anna.

On the other hand, she not a persuasive advocate for anything, and ridiculous more often than not. As you shall see:

7:38 a.m. ET

BEN FERGUSON, CNN POLITICAL COMMENTATOR: You have a right to do a lot of things in this country, and there are consequences, and the NFL got it wrong. The NFL got out and tried to play both sides of this issue. And then they tried to say, “Oh, we’re America’s team, we’re America’s game, we’re America’s sport,” while allowing their employees to disrespect this country. You have the right to do it — there’s consequences. The NFL boycott is real —

ALISYN CAMEROTA: Listen, I just want to be very clear. They say they’re not disrespecting the country. They say that their protest is about the treatment —

FERGUSON: Well, that’s what they say.

CAMEROTA: They’re the sources. They’re doing the protesting. They’re the protesters.

FERGUSON: I have the right to disagree with them. I’ll say this. I think many of the NFL players are frauds. Most of them did not go and vote in the last election, including Colin Kaepernick who’s never voted in an election — while coming out and claiming —

ANA NAVARRO, CNN POLITICAL COMMENTATOR: Voting is not a requirement to protest. Voting is not a requirement to voice a political opinion.

FERGUSON: If you’re going to be the leader of a political statement, as Colin Kaepernick was —

NAVARRO: Donald Trump’s children didn’t vote, and they are advisors in the White House!

FERGUSON: And I criticized — and I criticized them for that. I’m consistent.

NAVARRO: Well, fine, you criticize them for everything, but don’t tell me, then, that they don’t have a right to protest when the senior advisors in the White House didn’t vote.

FERGUSON: Colin Kaepernick comes out and says, “I’m going to lead this group.” When was the last time he went to a Black Lives Matter — the guy saw a bunch of TVs and a bunch of cameras and said, “I’m going to kneel right now, but I’m not going to back it up.”

CAMEROTA: That’s his right.

FERGUSON: He has a right, but it also means you’re a fraud.

NAVARRO: Can I tell you something, Ben? Ben, how white of you to think that going to a Black Lives Matter rally —

FERGUSON: It’s not white — don’t even go there. Don’t even — I’m sorry — that’s absurd.

NAVARRO: No, no, who are you to tell a black person what makes them black — what makes them have black credible?

FERGUSON: Again, it has nothing to do with race.

NAVARRO: Look at yourself in the mirror. What he is saying might be more significant than what — than going to one of the rallies.

FERGUSON: If I go out there every day and I champion a cause and I never do it in real life, I’m a fraud.

NAVARRO: Who died and made you the judge of blackness — to tell Colin what’s’-his-name that the fact he voted or not allows him to have a political opinion?

FERGUSON: If you go out there every day and you fight for something that you say is so near and dear to your heart, and then I find out in reality you’re never involved in the issue other than being on national TV, you’re a fraud. You’re a fraud and a fake.

NAVARRO: Well, then talk to Ivanka Trump! Talk to Ivanka Trump who didn’t vote!

FERGUSON: Again, we’re talking about Colin Kaepernick.

NAVARRO: No, no, because you want to hold this one standard for this one set of people and another one for another set of people.

FERGUSON: I did. I said this. I said this. You should have voted in an election.

NAVARRO: Ivanka Trump and Donald Trump Jr. are frauds because they didn’t vote in the Republican primaries!

FERGUSON: They should have voted in elections. I said that. You also voted for Hillary Clinton, and you say you’re a Republican, so that’s a little bit of a fraud, isn’t it?

NAVARRO: No, no, no, there’s a lot of Republicans who did.

FERGUSON: By using your standard. You come on here and say you’re a Republican. You say you’re a Republican, and you voted for Hillary Clinton. So you’re not a Republican, by your standard.

NAVARRO: You voted for a man who was a Democrat and then an independent, and then when he was an opportunist, he became a Republican. So, really, don’t go there for me because I have been supporting Republican candidates for President probably when you were still in diapers!

FERGUSON: Again, you voted for Hillary Clinton, and you say you’re a Republican.

NAVARRO: I voted for Hillary Clinton because I refuse to vote for a racist, misogynist, even though he was a Republican nominee.

FERGUSON: And you have every right to do that.

NAVARRO: And it was the first time in my life that I did not support the Republican nominee because I found him absolutely disgusting, and I was going to put country over party! And you are nobody to question Colin Kaepernick what’s-his-name’s blackness or my Republican credentials, okay? You are not judge and or jury! You can do whatever you want for yourself — you cannot judge me — you cannot judge whether he is black enough!

FERGUSON: I can judge Colin Kaepernick. It doesn’t have anything to do with his blackness. This the weakest argument — let me finish, though —

NAVARRO: Oh, you’re saying — you’re saying he’s not black enough because he didn’t go to Black Lives Matter.

FERGUSON: Again, I’m going to finish my point here because it’s really important.

NAVARRO: And you are black because you went to a Black Lives Matter rally!

FERGUSON: Let me finish – let me finish — again, let me finish. Colin Kaepernick coming out and saying this is a big issue to him, but he never goes out into the community and is involved in it — doesn’t even care enough about the issue which he says everyone else should care about to go register to vote and vote. That is hypocrisy — it has nothing to do with being black or white. It’s called being a hypocrite.

Continue reading →

An Ethics Alarms First! Ethics Hero/Ethics Dunce,Tennessee Titans Player Rishard Matthews

Tennessee Titans wide receiver Rishard Matthews tweeted today that he’ll quit the NFL if it follows through on  a rule  forbidding players from kneeling in protest of…something…during the National Anthem.

“No I will be done playing football,” Matthews wrote.

Confusingly, he later deleted the tweet.

So here are the possibilities;

  • Matthews is willing to give up millions of dollars a year as a matter of principle, however misguided.

Now that’s integrity!

Verdict: Ethics Hero.

  • Matthews is bluffing, as in lying. He would never quit the only lucrative profession  he is qualified for to continue a pointless protest that literally none of the players can consistently explain.

Making a promise that you know you have no intention of keeping is dishonest. Continue reading →

Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading →

Ethics Dunce: The NAACP. A Really Bad One…

The NAACP, once a heroic and invaluable champion of civil rights, has apparently completed its devolution into a hyper-partisan, race-baiting collection of venal, divisive  hacks. It has been said that every cause inevitably becomes a racket, and the NAACP is now a prime and tragic example.

How do we know this? We know this because the organization has called the decision (finally) by Dallas Cowboys owner Jerry Jones to command his player to stick to what they are paid for—football and only football—when they are on the playing field, and to stand for the National Anthem “a public commitment by an NFL owner to violate his players’ Constitutional right to free speech.”

This is more than merely ignorant, though if genuine the statement would be unforgivably ignorant for a civil rights organization: a civil rights organization that doesn’t know what civil rights are and what the Bill of Rights means is useless as well as without credibility.

That, however, is impossible. The NAACP has lawyers; their lawyers aren’t idiots. They know that the First Amendment has no relevance or connection to the silly NFL players’ kneeling stunt during the National Anthem. The lawyers had to have informed the NAACP leadership of this, as if that was necessary, which it almost certainly was not. The leadership has to know better than to make this junior high school level civics mistake. No, in this case the NAACP is lying. It is deliberately misinforming the people who depend on it to lead on civil rights, and who trust the organization to be able to support its position with facts and law. It is doing this to inflame passions and worsen the racial divide. What other reason could there be? Continue reading →

Morning Ethics Warm-Up, 10/11/2017: Words, Debt, And Costumes

Good morning from Richmond, Va.!

1 Passengers keep piling onto the Harvey Weinstein Ethics Train Wreck:

  • Fashion designer Donna Karan, questioned about Weinstein at an event, said in part:

“I also think how do we display ourselves? How do we present ourselves as women,” Karan said to the Daily Mail. “What are we asking? Are we asking for it by presenting all the sensuality and all the sexuality?”

Then she pointed to Weinstein’s achievements, and said Weinstein and his wife were “wonderful people.”

(Note to the designer: men who use their power to harass and assault women are not wonderful people by definition.)

After the predictable response to these idiotic comments, Karan protested that her quote was taken out of context, as if the context wasn’t Harvey Weinstein, and issued a low level apology that could only mean, “I’m deeply sorry I said something in public that reveals the miserable level of my values.”

  • Lindsay Lohan, currently in exile in Great Britain and Dubai, used social media to remind her fans in the US that she is, after all, a moron, writing on Instagram,

“I feel very bad for Harvey Weinstein right now. I don’t think it’s right what’s going on….He’s never harmed me or did anything to me – we’ve done several movies together.I think everyone needs to stop – I think it’s wrong. So stand up.”

One of the real benefits of social media is that it reveals the total lack of ethics comprehension, reasoning ability and life competence that inflict so much of the public, including celebrities. With clarity of thought like that, is there any mystery regarding how the once rising star managed to mangle her career despite beauty, talent, and early success?

  • NBC was presented with the Weinstein story before it was broken by the New York Times, says Ronan Farrow, the author of a new Weinstein investigative piece in The New Yorker. The network hasn’t said why. Does it have to? Weinstein was close to both the Clintons and the Obamas, and the scandal directly implicates the Democratic party and its core supporters….like NBC. It is fascinating to watch cable and network anchors and guests desperately try to analogize Weinstein to President Trump, but the Hollywood mogul was enabled by self-righteous liberals and was given the King’s Pass (with an assist from the Saint’s Excuse) because he gave to Planned Parenthood and Hillary, making him, in Donna Karan’s words, “wonderful” by definition. The analogy is Bill Clinton, of course, and any journalist who refuses to acknowledge that has confessed crippling partisan bias.

2. This brings us to a quote by blogger Ann Althouse:

“My hypothesis is that liberals — including nearly everyone in the entertainment business — suppressed concern about sexual harassment to help Bill Clinton. Giving him cover gave cover to other powerful men, and the cause of women’s equality in the workplace was set back 20 years.”

Her hypothesis is correct, and I said so when the liberals, feminists, abortion zealots, artistic community and others circled their wagons around Clinton during the Lewinsky scandal. This is one reason why Hillary’s campaign stance as standard-bearer for women’s rights and victims of sexual assault was so grotesque.

Here’s another quote from Althouse that I like:

“Who are the women who accepted the deal as offered by Harvey Weinstein? Will their names be kept out of the press? Should they?…

…So much silence facilitating so much harm! Should the women who took the bargain and got what they wanted out of it be regarded as victims and entitled to keep their names secret, or are they part of a system that hurt many others, and subject to outing.”

I’ve answered this question in various comments on previous posts, much to the unhappiness of readers who believe that victims who remains silent and thus allow evil to continue shouldn’t be criticized. The women are part of the system, and accountable. Continue reading →