The Alex Rodriguez Suspension, Barry Bonds, And The Slippery Slope

New York Yankees' Alex Rodriguez stretches before American League baseball game at Fenway Park in Boston

In a decision that further defines major league baseball’s cultural standards regarding performance enhancing drugs and the players who use them, New York Yankee Alex Rodriguez was suspended for the entire 2014 season and post-season by an arbitrator yesterday. Rodriguez, a long-time superstar who was once considered a lock to break baseball’s career home run record, and who is the highest paid player in the game, was suspended for illicit drug use without testing positive under the game’s union-negotiated testing system. He was, instead, suspended for a violation of the player’s Basic Agreement under baseball management’s right to police the game and do what is in its best interests.

The evidence that Rodriguez was a flagrant and long-time steroid abuser came from documents obtained from Biogenesis, a lab that developed drugs for athletes and others, as well as convincing testimony. Rodriguez had challenged the suspension in a grievance procedure after MLB handed down a 211 game suspension during the 2013 season. The arbitrator’s ruling, which is confidential, apparently concluded that the player not only cheated, but obstructed efforts to enforce baseball’s intensified anti-drug measures in the wake of the wide-spread use of PEDs in the 90’s and thereafter.

As expected, the result produced the usual complaints and rationalizations from the disturbingly large contingent of baseball fans and writers who remain obdurate regarding the offensiveness of steroid cheating, claiming that it was “a part of the game,” that the objections to it are inconsistent, and that baseball’s vilification of users is hypocritical. They had been practicing these and related arguments for months as they waited for the baseball Hall of Fame voting results announced last week, in which about 65% of the voters showed that they regarded steroid use as a disqualification for the honor, even when a player-user had excelled on the field. Rodriquez’s defeat deeply undermines the cause of the steroid defenders, and the likelihood that their argument will ever prevail. Continue reading

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

Snowden

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of  The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female  client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

Jumbo film

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading

Michael De Beyer, Like Don Bedwell, An Exemplary Ethics Hero To Inspire Us

Mathis and hero

Writing about my favorite Ethics Hero of all time, Don Bedwell, in 2005, I began, “There are special and rare people whose ethical instincts are so pure and keen that they can make the rest of us feel inadequate.” Like Don Bedwell, Micheal De Beyer is such an individual.

Brittany Mathis, 19, works for De Beyer at his  Kaiserhof Restaurant and Biergarten in Montgomery, Texas, . Her mom and older sister work at the restaurant as well, so she would describe her boss as a family friend. In December, Brittany learned that she has a 1.5 inch brain tumor  She can’t afford to find out whether the tumor is benign or malignant, but her father died from a similar tumor years ago, so her situation is dire. She doesn’t have health insurance.

De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and has an estimated worth of $2 million, to pay for whatever medical treatments are necessary to save Brittany’s life. “I’m not able to just sit by and let it happen,” De Beyer told a local paper. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help.” Continue reading

Race-Baiting At “The Root”

The African-American news and commentary site The Root has plowed some new ground in the field of disgusting race-baiting.  An article by Charles D. Ellison argued that the same conservatives who fought to block Terri Shiavo’s husband from authorizing the withholding of her food so his vegetative wife could die should be supporting Jahi McMath’s parents’ efforts to keep their brain dead 13-year-old daughter on life support. That they are not, he suggests, is because Terri was white, and Jahi is black.

I wrote about Schiavo’s plight here, over at the Ethics Scoreboard, in 2005. I wrote recently about Jahi McMath, here. There is no inconsistency in my positions, but there is also none in the reactions of some conservatives to the two cases, because they are not comparable. Here’s  Billy Crystal explaining the divergence exquisitely in “The Princess Bride”:

In Billy’s words, Jahi is all dead. She is brain dead, which is to say, dead. Keeping her on life support is a waste of resources, and a tragic exercise in denial. Terri was mostly dead, and was never getting better. Most of her brain was gone, but her vital functions were still operating. Conservatives regarded the withholding of food from her as murder, just as they oppose the destruction of frozen embryos that will never be born.

They were wrong to try to interfere in Terri’s case, but that is irrelevant here. There is no racism involved at all. If Jahi were white, she would still be all dead, and even the most doctrinaire conservatives don’t believe that dead people should be kept on respirators.

The Root’s piece is dishonest, ill-informed, hateful and unfair.

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Pointer: Althouse

The White House Scores A 2013 Jumbo Jumbo

There's no elephant. Do you see an elephant?

There’s no elephant. Do you see an elephant?

Just in time to make the 2013 cut-off, the White House achieved the Jumbo of the year, and simultaneously made me wonder if I am going to have to jettison all respect for my loyal Obama-supporting friends.

The Jumbo is an Ethics Alarms category lunched in 2013, designed to recognize individuals who engage in spectacular examples of unethical conduct I have always detested with a special passion: trying to wiggle out of a tight spot by stubbornly insisting that what is obviously the case isn’t really, a brazen exercise resting on the presumption that everyone else is either a dimwit or as corrupt as the speaker. The name derives from an iconic moment in Billy Rose’s 1936 Broadway musical extravaganza “Jumbo,” named after P.T. Barnum’s famous giant elephant, that starred Jimmy Durante. Caught red-handed as he tried to sneak his dying bankrupt circus’s major asset off the premises and away from creditors, the “Old Shnozzola” was confronted with a sheriff who belligerently inquired, “Just where do you think you’re going with that elephant?” Jimmy’s response, acting for all the world as if the massive pachyderm at the end of the rope he was holding didn’t exist: “Elephant? What elephant?” Another apocryphal equivalent is the old burlesque joke about the philandering husband caught by his wife as he frolics in their bed with a naked and luscious bimbo. The rake still denies anything untoward is going on, pleading, “Who are you going to believe, me, or your own eyes?” . In real life, the gold standard might be actress Lindsay Lohan’s insistence to police, when she was arrested for reckless driving and cocaine was found in her pocket, that she was wearing someone else’s pants.

The White House’s entry into the Jumbo Hall of Fame is pretty impressive, though. As figures showed that a million Americans had registered for Obamacare in December, bringing the total number to 2.1 million, well short of the 3 million goal, White House White House health care adviser Phil Schiliro told MSNBC yesterday that the frequently stated Administration goal of  7 million enrolled by the end of March, when the individual mandate (penalty, according to Democrats; tax, according to the U.S. Supreme Court) kicks in, was not really the goal after all. Continue reading

Cartoon Ethics: The Washington Post’s Stupid Elephant Trick

Trainwreck Cartoon

The above cartoon, by reliably liberal op-ed cartoonist Mike Luckovich, who draws cartoons for The Atlanta Journal-Constitution, was run in the Washington Post this Saturday. It immediately reminded me of why, in a previous post, I suggested that the simple-minded, factually misleading art of editorial cartoonists needed to be retired. I wrote:

“Cartoons, by their very nature, deal in caricature, exaggeration and extremes for metaphorical and humorous effect. The practical effect of this, however, is that the opinions expressed through cartoons are also “supported” in a manner that would be outrageous in a written opinion piece. I know: you can’t hold a cartoon to the same standard as an op-ed. Fine—then don’t put it on the editorial pages.”

This, if anything, was worse than the Tom Toles cartoon that provoked that commentary. This Democratic talking point—more like ducking point–got graphic representation the day following another wave of bad news about the dysfunctional Affordable Care Act and how thoroughly it has been botched by the Administration. Right before Christmas, the Post’s front page carried an infuriating story about how, after waiting two years before considering how to set up the Obamacare website, the Administration chose a company that even cursory due diligence would have revealed as untrustworthy and incompetent:

“Not considered in the 2011 selection process was the history of numerous executives at CGI Federal, who had come from another company that had mishandled at least 20 other government ­information technology projects more than a decade ago. But federal officials were not required to examine that long-term track record, which included a highly publicized failure to automate retirement benefits for millions of federal workers.”

Republicans caused that trainwreck? The same day the cartoon ran, this was in the news:

The Iowa Department of Human Services says problems with the federal healthcare website has led to a delay in processing policyholder information and is asking 16,000 Iowans to reapply for Obamacare using the state website or call center.”

And did Republicans force the President to lie repeatedly about how the law wouldn’t take away anyone’s current plan or doctor? Indeed, they warned that what happened would happen, and were attacked and ridiculed while the media bolstered the President’s disinformation campaign. That, as much as the website, has made the public perceive Obamacare as a trainwreck. The mean old GOP elephant is to blame for that? As I noted in the earlier post, an editorial cartoon shouldn’t be permitted to spread falsehood and misunderstanding, and a respectable newspaper shouldn’t actively engage in the blame-shifting and denial process, which is the full-time occupation of Affordable Care Act defenders these days.

Then I searched for the cartoon on line, to determine who drew it (his signature was illegible in the size published), and for the first time, was able to read the date. The cartoon was drawn on July 29, 2013! This was after the “trainwreck” label was being wielded by Republicans because Democratic Senator Max Baucus used that term to describe his—as it turned out, accurate—assessment of how the Administration’s public information campaign was going, not the law itself. Yes, the Republicans were working to impede the progress of the ACA then, because they were convinced the law would lead to disaster. Still, Luckovich’s cartoon, while partisan, was hardly unfair or misleading—in July.

Now, however, it assumed a different meaning. The date wasn’t noted by the Post: I thought it was a new cartoon, which means I thought Luckovich was engaging in MSMNC-style historical air-brushing. The cartoonist wasn’t, however.

Was the Post? Was it deliberately using Luckovich’s dated cartoon to bolster its desperate Obama-defending readership with the baseless accusation that the GOP was really behind the law’s current travails? Or was it just being careless, reckless, inattentive and unprofessional–you know, like most of the news media. most of the time?

I don’t know. I do know that the Post owes its readers and Luckovich an apology, the former for treating them like idiots, and the latter for making him look like one.

___________________________________________

Sources: Opposing Views, Washington Post

Ethics Hero: Dallas Cowboys Back-up Quarterback-For-A-Day Jon Kitna

Quarterback Kitna, soon to be risking his brain for his high school.

Quarterback Kitna, soon to be risking his brain for his high school.

The Dallas Cowboys raised eyebrows in the sports world last week by making the desperation move of signing NFL veteran-turned-high school math teacher Jon Kitna, 41, to briefly abandon his retirement to help solve their quarterback crisis against the Philadelphia Eagles today. Since retiring from the Cowboys, Kitna, who played quarterback for 15 seasons with four NFL teams, has been teaching math and coaching football at Lincoln High School in his native Tacoma, Washington. Kitna, who retired after the 2011 season, will earn about $53,000 for the day’s work, which, the Cowboys hope, will consist of sitting on the sidelines as insurance against its replacement for Tony Romo, Kyle Orton, being injured like Romo was last week.

Now Kitna has announced that he will be donating his entire NFL check to the high school.

Yes, it’s true: Kitna is well-set financially, like most former pro athletes of recent vintage and long tenure. He is estimated to have about 12 million dollars as his nest egg. Nevertheless, this is a generous and unexpected act of generosity.

Now let’s all hope he doesn’t have to go onto the field, take a snap, get a concussion, and end up mentally disabled for the rest of his life.

For that is the risk he is being paid to take.

________________________________

Pointer: Daily Caller

Facts and Graphic: Dallas News

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading

Jahi’s Plight: Why Death Panels Are Inevitable And Necessary If We Are Going To Pay For Each Other’s Health Care

death panels

Even while the Affordable Care Act debacle is mired in other problems, the “death panel” controversy lingers on, as conservatives exploit the public’s visceral reaction against an inevitable result of modern health care cost-sharing, and progressives dishonestly deny and ridicule the reality of that result, because it makes health care reform less attractive.

The case of Jahi McMath is instructive, if anyone bothers to consider its practical and ethical implications. Jahi, 13, underwent a tonsillectomy Dec. 9, and emerged from her post-op recovery legally dead, due to massive swelling in her brain. She was placed on a ventilator, and according to its policy, Children’s Hospital Oakland was preparing to take her off life support when the family strenuously objected. It petitioned a court to keep her technically alive so she could spend Christmas with them. An Alameda County judge Monday ordered hospital officials to keep Jahi on a ventilator until Dec. 30 while an independent neurologist reviews her case. Meanwhile, her mother told CNN and other local media that although she appreciates  the second opinion and court order, she will fight to keep her daughter on life-support as long as possible, saying,

“I’m her mother. I’m going to support her. It’s my job to do it. Any mother would do it. I just want her to have more time. There are so many stories of people waking up in her situation.” Continue reading

Obamacare, “The March Of Folly,” And The Ethical Obligation To Accept Unpleasant Facts

Charge+of+the+Light+Brigade+Cavalry+Charge

Today, while listening to the furious efforts of such liberal talking heads as E.J. Dionne (NBC’s Meet the Press), Donna Brazile (ABC’s Sunday Morning With George) and Juan Williams (Fox News Sunday) to explain why the Affordable Care Act disaster is not really a disaster and why it should be full steam ahead even as the legislation is unraveling before our eyes, my mind kept jerking back to two disparate sources. One was Barbara Tuchman’s “The March of Folly,” the celebrated historian’s 1985 examination of how governments persist in doomed policies long after it is obvious to all, including them, that the effort is not only futile but disastrous. The other was “Peanuts:”

Sincere

For this is what the bitter-enders regarding the Affordable Care Act have become. Because the absurdly flawed and over-reaching legislation was well-intentioned, and because it was sincerely designed to help people who need and deserve help, and because the hearts of those who rammed it through the process, ignoring warnings, systemic checks and balances, prudence and common sense, were pure, the law just has to work. Former White House spokesperson Robert Gibbs literally said this to David Gregory on “Meet the Press” this morning. There’s just no choice, he said. The administration just has to make it work, that’s all. Anyone who has read Tuchman, or who has been alive longer than Justin Bieber, should get chills to hear sentiments like that. Continue reading