Morning Ethics Warm-Up, 12/7/17: Al Franken’s Day That Will Live In Infamy [UPDATED]

Battleship USS West Virginia sunk and burning at Pearl Harbor on Dec. 7, 1941. In background is the battleship USS Tennessee.

Good Morning, Bad Memories…

1 The duty to remember…The most amazing thing about Pearl Harbor was perhaps how lucky the United States was that the sneak attack by Japan, as devastating as it was, didn’t permanently cripple our ability to defend ourselves. Two links lead to explanations why. Here is a letter written by Admiral Nimitz, then in his eightieth year. to Admiral David L. McDonald, the present Chief of Naval Operations. The National Review provides the tale of how a forgotten Georgia Congressman, Democrat Carl Vinson saved the country and probably the world.  An excerpt:

For nearly a decade before Pearl Harbor, Vinson had schemed and politicked in brilliant fashion to ensure that America was building a two-ocean navy larger than all the major navies of the world combined. Vinson had assumed in the mid-1930s that fascist Japan and Germany posed existential threats to the United States. For America to survive, he saw that America would need mastery of the seas to transport its armies across the Pacific and Atlantic.

This is Thank You Carl Day. Read it all.

2. ‘I wasn’t good enough, I wasn’t smart enough, and doggone it, nobody likes me!’ This appears to be the end for Senator Al Franken. If it’s not, the end is near and inevitable. His seventh new accuser was the tipping point, for some reason, though her story Franken denies—especially the part where the anonymous woman claims that after she ducked his attempt at a spontaneous kiss in 2006, he  protested, “It’s my right as an entertainer! ” The soon-to-be-former Senator told Politico,

“This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation.”

That “It’s my right” comment sounds to me like a desperate attempt to save face by making a joke out of an awkward situation, not a serious claim. If I’m right, then Franken’s statement is deceit: he’s saying that he would never claim such a right, but he isn’t saying that those words never came out of his mouth. Al’s slippery, mealy-mouthed, not-quite apologies are a large part of why he’s in this mess, as I wrote here. 

Still, no one should be presumed guilty or face negative consequences for a public accusation by an accuser who refuses to go on the record. This is basic fairness and due process. Never mind: the Democratic women in the U.S. Senate are less interested in due process and fairness than grandstanding and standing for the proposition that women must be believed in cases of sexual assault, unless they were assaulted by Bill Clinton. I think that’s the rule, right?

They led a coordinated attack on Franken yesterday by 16 U.S. Senators, including Sen. Kirsten Gillibrand of New York—you know, the one who championed “Mattress Girl”?–who  wrote in a 650-word statement,”While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve.”

That’s right, Senator, it’s better to send the message that due process is just a sham to make doing what you want to do look fair.

For example, how do you like this (from Politico):

Two former colleagues of the woman independently corroborated her version of events, including Franken telling her he had the right to try to kiss her because he was “an entertainer.” The first former colleague interviewed by POLITICO said she was told of the incident in 2006, shortly after it happened. The second former co-worker said she was made aware of the encounter sometime in 2009 or 2010.

What? Those women didn’t corroborate the the accuser’s “version of events”! How can any journalist write such junk? How could an editor let it pass? All they can do is corroborate that the woman said this happened, not that her account is accurate or true.

But again, never mind. This is The Terror. Al’s a man, Democrats have been caught in the web of hypocrisy they started spinning when Clinton was President, and his metaphorical blood must cleanse them. Continue reading

Questions And Observations On A Fascinating Sexual Harassment Episode I Can’t Even Think Of The Right Word To Describe…

 

From the Washington Post today:

While debating a land-use bill at a committee meeting on Tuesday night, Pennsylvania state Rep. Matt Bradford laid his hand — for just a moment — on the left forearm of the colleague sitting next to him.

That colleague was conservative Rep. Daryl Metcalfe, who interrupted Bradford mid-sentence with a personal bit of information.

“Look, I’m a heterosexual. I have a wife, I love my wife, I don’t like men — as you might. But stop touching me all the time,” Metcalfe told Bradford, who then began laughing.

Several other members of the committee, which Metcalfe chairs, giggled and smirked.

“Keep your hands to yourself,” said Metcalfe, a Republican from Butler County. “If you want to touch somebody, you have people on your side of the aisle who might like it.

“I don’t.”

Questions and Observations:

  • I love this story!

I wish I had made it up as an ethics hypothetical!

  • What difference does it make that Metcalfe is a conservative?

Would a liberal legislator who felt uncomfortable by an unwelcome touch have his complaint reported in the same way? Continue reading

Morning Ethics Warm-Up, 12/6/17: An Ambush By John Oliver, An Insult From John Conyers

1 It’s a tradition, but  still an embarrassment to democracy...Why isn’t this res ipsa loquitur, as in “so indisputable it ought to be embarrassing”?  Rep. John Conyers, whose proclivity to engage in sexual harassment in full confidence that neither left-leaning reporters in the know (like Cokie Roberts ) nor his party’s leaders nor the victims themselves, would blow a whistle on a “civil rights icon” like him, is finally announcing a forced retirement. But he is attempting to anoint his oldest son, John Conyers III, as his successor. III has no special qualifications for elected office. He is a hedge fund manager and a business consultant whose  famous father is part of his appeal to clients. The original John Conyers was used  as a stepping stone to power by another unqualified family member using his name, III’s’ mother, former Detroit City Councilwoman Monica Conyers, was sentenced to 37 months in prison for bribery. She was released in 2013.

In a profanity and vulgarity-laced video III posted last year, he said in part,

“Third and fourth generations of Conyers running for office. It’s really crazy. My grandfather did an incredible job, man. Fuck. A lot of people stand on the sidelines of their own lives. It’s like you just watch that shit go by like, no, I don’t think I’m going to get in the game – that shit is short, man. Whatever you do, make sure you vote….Voting feels so good, like even if your person doesn’t win, like, it feels good. The craziest part about it all is that my dad really walked with Martin Luther King and got arrested for this shit, like, damn this shit is deep fam. I casted my vote and I was hype as shit, like, I voted, like, this is awesome and I am really thankful for people that died for that for me. Any race, whatever, it’s important to vote but I mean, like, especially African-Americans man, go vote because people really died for this shit. If you don’t know shit about a candidate, man, and you just want to vote like you can write your own name in there, but like the action of going to vote is so important.”

Or just vote for someone with a last name you recognize! He sounds like a winner to me! One hurdle: Democratic Michigan State Sen. Ian Conyers, the congressman’s great-nephew, announced his intention to run for the open seat.

This is a long, long blight on American democracy that makes me wonder if we’re really up to it. The number of voters in both parties who are so shallow, lazy, and foolish as to assume that merely being related to a famous or popular leader is sufficient reason to elect him or her is disgraceful, but it has always been thus. Among those who never would have made it into a high office without this factor are Mary Bono, Jesse Jacskon, Jr. (currently in prison), Lindy Boggs, Lurleen Wallace, Margaret Chase Smith, Robert Taft, George W. Bush,  Bobby Kennedy, Ted Kennedy, Robert Kennedy Jr,  Joseph Kennedy III,  Joe Kennedy II, Kathleen Kennedy Townsend—anyone named Kennedy, really—current Rep. Doris Matsui (D-Cal.), Al Gore, and Hillary Clinton. There are many, many more.

A last name is not a qualification for office. Why should that even have to be pointed out in a nation founded upon the rejection of royalty?

2. Unethical virtue-signalling via ambush. I admire John Oliver’s intellect, verbal dexterity and talent, but as with Stephen Colbert, David Letterman and others, he is so clearly a mean-spirited jerk that I find it difficult to watch him. Signature significance arrived for Oliver this week when he ambushed actor Dustin Hoffman  during a panel discussion commemorating the anniversary of the film Wag the Dog.

The topic of the evening was fake news and government manipulation of it, as the Clinton era film about a phony war being launched by a President to distract from a scandal is a fascinating one to ponder through the rear view mirror. Hoffman, one of the stars of the film, recently became one of the few dubious victims of a #MeToo-er, as he was accused of groping and sexually harassing a 17-year old woman on the set of another film in 1985. Unlike most of the celebrities and power-brokers run over by the Harvey Weinstein Ethics Train Wreck, Hoffman has not had other accusers surface. He denies the woman’s characterization of what happened, and so have others, like the director of the movie in question, the filmed version of Hoffman’s Broadway turn as Willie Loman in “Death of  Salesman.”

I have read fans of Oliver saying that Hoffman should have assumed that Oliver would grill him on the allegations, to which I say, “Only if Hoffman realized what a knee-jerk progressive creep Oliver is.” I think the actor assumed that Oliver was an honorable professional, and as a moderator wouldn’t hijack the discussion to embarrass Hoffman and burnish his feminist creds.

To Hoffman’s credit, he stood up to the abuse of position by Oliver and defended himself. At one point, there was this exchange:

HOFFMAN: “Do you believe this stuff you read?

OLIVER: Yes. Because there’s no point in (the accuser) lying.”

HOFFMAN: Well, there’s a point in her not bringing it up for 40 years.

OLIVER: Oh Dustin…

I would have said,

“Don’t “Oh, Dustin” me, you arrogant, posturing ass. The fact that a complaint isn’t made for that much time automatically makes it dubious. It places the accused in an impossible position; evidence has evaporated, and memories have faded. There are many reasons to lie. To get publicity, To get revenge for some real or imagined slight. To bring down someone famous or powerful. To join a mob—and regardless of the fact that the post-Weinstein focus on legitimate sexual misconduct in the workplace has created needed awareness and exposed long-time abusers, it is a mob, with all of the capacity a mob has to harm the innocent in its self-righteousness. You are playing to the mob right now, and willing to unjustly smear me to do it. You’re a disgrace.”

John Ziegler quoted a Hollywood writer who knows Hoffman and is convinced he is innocent, who said,

“Someone should tell John Oliver he’s the true heir to Joe McCarthy!Sex abuse baiting has replaced red-baiting. The ‘Sexual Blacklist’ reigns supreme. Guilty until ruined!”

Let me also remind readers that my hypothetical illustrating how a woman might retroactively decide that what she did not regard as sexual harassment years ago was harassment now was mocked by both the moderator and a Georgetown law professor during the NPR panel I participated in last week.

I am right, they are biased.

The more I think about that exchange, the more ticked off I get….

 

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading

Morning Ethics Warm-Up, 12/4/17: Jailed For Profanity, Busted For Homophobia, Condemned For A Settlement

Good morning…

This is weird…The Wisconsin Supreme Court has upheld a mother’s conviction for swearing at her son. Ginger Breitzman had been found guilty of child abuse, including one count was for profanely berating and insulting her 14-year-old son after he burned some popcorn. The boy had been talking to a friend at the time, who heard the tirade over the phone and reported it. The mother was sentenced to six months in jail. Apparently the First Amendment was  never raised as a defense, and an issue is whether it should have been and had to be.

I don’t see how a parent or anyone can be convicted of a crime based on the content of her speech, especially private speech, but it is a gray area in ten context of child abuse. In sexual harassment,  the content of one’s speech can create a hostile work environment, but the civil violation is for the act of creating the hostility, not the speech itself. In many cases, that’s a distinction without a difference, though. A supervisor using the term “cunt” in the workplace is probably harassment, no matter how or to whom he uses it.

Check the link and the mother’s mug shot. I wouldn’t want to have her mad at me…

2. Joy Reid being hateful? I’m shocked—shocked! MSNBC’s serial race-baiting, hate-spewing host Joy Reid found herself huminahumina-ing after someone tracked down her old blog and found multiple examples of gay-bashing on it.  Notably, she mocked GOP Florida Governor Charlie Criss, a married man who has been rumored to be a closeted gay, as “Miss Charlie.” What do you think of her apology?

This note is my apology to all who are disappointed by the content of blogs I wrote a decade ago, for which my choice of words and tone have legitimately been criticized.As a writer, I pride myself on a facility with language — an economy of words or at least some wisdom in the selection. However, that clearly has not always been the case.In 2007 I was a morning talk radio host and blogger, writing about Florida politics (a blog I maintained until 2011.) Among the frequent subjects of my posts was then-governor Charlie Crist, at the time a conservative Republican, whose positions on issues like gay marriage and adoption by same-sex couples in Florida shared headlines with widely rumored reports that he was hiding his sexual orientation. Those reports were the subject of lots of scrutiny: by LGBTQ bloggers, writers and journalists, conservative blogs, a controversial documentary film called “Outrage,” and even by the comedic writers at South Park. But it was my own attempt at challenging Crist on my blog that has now raised the issue of not just my choice of words, but what was and is in my heart.

Let me be clear: at no time have I intentionally sought to demean or harm the LGBT community, which includes people whom I deeply love. My goal, in my ham-handed way, was to call out potential hypocrisy. Nonetheless, as someone who is not a member of the LGBT community, I regret the way I addressed the complex issue of the closet and speculation on a person’s sexual orientation with a mocking tone and sarcasm. It was insensitive, tone-deaf and dumb. There is no excusing it – not based on the taste-skewing mores of talk radio or the then-blogosphere, and not based on my intentions.

In addition to friends and coworkers and viewers, I deeply apologize to Congressman Crist, who was the target of my thoughtlessness. My critique of anti-LGBT positions he once held but has since abandoned was legitimate in my view. My means of critiquing were not. In the years since I went from blogger to opinion journalist, I have also learned, through brilliant friends and allies in the LGBT activist community, how to better frame my critiques of those who challenge people’s right to love who they want, marry them, and walk in the world as fully free people.

Re-reading those old blog posts, I am disappointed in myself. I apologize to those who also are disappointed in me. Life can be humbling. It often is. But I hope that you know where my heart is, and that I will always strive to use my words for good. I know better and I will do better.

It’s not terrible. I’ll give her a #6 on the Apology Scale: ” A forced or compelled [apology], when the individual (or organization) apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.” I doubt that it’s sincere, because of lots of clues in the text. She says she deeply apologizes to Christ, then says her criticism was legitimate. She was presuming hypocrisy on the basis of rumors: how is that legitimate? She sucks up to the LGBT community; she says that at “no time have I intentionally sought to demean or harm the LGBT community,” when her rhetoric obviously was intended to demean Crist based on his presumed homosexuality; she sneaks in an “everybody was doing it” excuse. Continue reading

The Great Pie Controversy, or “Why Reporter April Ryan Isn’t Invited To The White House Christmas Party And Rightfully So”

Did you miss The Great Pie Controversy? Then sit down, children, and hear the tale…

It all began when White House spokesperson Sarah Hucklebee Sanders posted a photo on Thanksgiving showing a pecan pie she baked for Thanksgiving. Above  is the  2:40 p.m. tweet.  The next day, American Urban Radio Networks Washington bureau chief April Ryan tweeted her doubts that the pie was real, implying that Sanders was a liar.  She needed to “show it to us on a table,” Ryan demanded, and had to see “folks eating it and a pic of you cooking it.”

Now, let us pause and ponder what would make someone react like that to a simple declaration that someone had baked a pie for Thanksgiving.  Why would anyone set out to embarrass and impugn an individual’s honesty over something so innocuous, based on no evidence or good reason at all? This isn’t journalism. It ‘s just meanness, motivated by sheer bias and hate. Conduct like that is so contrary to the Golden Rule that it constitutes tarnish.

And, of course, Ryan’s demands were also stupid and unreasonable. How would Sanders, where she so inclined, produce photos of guests eating a pie after it had been eaten?

Never mind. This example of disgusting and gratuitous reporter enmity was quickly picked up by the anti-Trump journalism establishment as an actual news story. Continue reading

Ethics Dunces And Nominee For 2017 Assholes Of The Year: Ugly American Joseph and Travis Dasilva, a.k.a. “The Traveling Butts”

World traveling married couple  Joseph Dasilva, 38, and Travis Dasilva think it’s’ cute and funny to take what they call “belfies,” as in “below-the-belt selfies” at historical, religious and cultural sites in other nations. They then post the disrespectful  photos to Instagram. Above the witty pair is shown  at Bangkok’s Wat Arun, or Temple of the Dawn, baring their asses. Unfortunately, such conduct is illegal in Thailand. The Dasilvas were arrested at the Bangkok airport, fined 5,000 baht ( about$154) each, and will be facing charges of public indecency.

Writes Professor Turley, quite correctly:

So these two travel the world showing utter contempt for historic and cultural sites, then when they get into trouble, the United States spends money and time to try to secure their release from their well-deserved arrests….It remains a mystery why anyone over the age of 4 would find this “Traveling Butts” theme to be funny. Yet, their account had more than 14,000 followers before it was deleted. I find that following far more unsettling than the fact that two adults would engage in this type of offensive conduct. 

What do you want to bet that these two boors loudly condemn the President for projecting a poor image of the U.S. abroad? Continue reading

Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading

The NPR Panel On Sexual Harassment And What Didn’t Get Said

My segment on an NPR panel yesterday regarding the sexual harassment issue was cut short because “All Things Considered” had to wedge in a report on the terror attack in Egypt. I get it: it’s live radio, and its a news show. Still, one can question whether dealing with such a difficult and complex issue in so little time—three of us plus ace moderator Michel Martin ended up splitting less than 10 minutes among us–does more harm than good. Farajii Muhammad, who was in the studio with me and whom I had a chance to chat with at length, said that he was interested in having me on his own show to discuss the issue. We shall see.

Here’s the transcript: Continue reading

“Next Time”… Our Thanksgiving Ethics Botch

Yesterday, faced with the prospect of a tiny Thanksgiving, which I find only reminds me of the former table-mates lost forever, and having the extra excuse of our wedding anniversary, Grace and I decided to take our increasingly otherwise occupied son and have Thanksgiving dinner at the Prime Rib, a ridiculously expensive restaurant. The meal was lovely and low stress for a holiday dinner, a feature especially welcome right now.

The restaurant was filled with family groups without kids, many in gowns and formal wear. Also filling the air was happy banter of the sort that holidays typically inspire. Over to my right, however, sat a well-dressed man in his late 60s or seventies, dining alone. I found myself thinking about him throughout the meal. What a lonely, solitary, depressing way to celebrate Thanksgiving, I thought. If I get to the state where I am so bereft of family and friends that I find myself in a five-star restaurant dining alone on Thanksgiving, just hit me over the head with cinder block. He looked a little like Alan Greenspan, and I still felt terrible for him.

After dinner, and he had left the restaurant, I mentioned all of this to my wife.

“I was thinking the same thing,” she said. “We should have invited him to join us.”

Ugh. I had considered that. But our family gets the opportunity to eat together so seldom, and this was an anniversary celebration too. My son also has a tendency to clam up around strangers, and he seemed relaxed and happy for a change. I had quickly talked myself out of even raising the possibility of inviting a fourth to our Thanksgiving/ 37th Anniversary table.

Yet of course that’s what we should have done, isn’t it? Isn’t it? Maybe the man was having a great time by himself. Maybe we would have embarrassed him. Heck, I don’t know. It’s also possible that he would have jumped at the chance. Who knows? All I do know is that I would have appreciated the offer, and will, unless someone gets behind me with the cinder block before I have the chance. It was still the kind, considerate, compassionate, ethical thing to do.

“Next time, let’s make sure we invite someone like that,” Grace said. I agreed.

Sure.

Next time.