Journalism & Media

Ethics Hero: Baseball Great Joe Morgan

/ Jack Marshall / 22 Comments

The baseball writers are filling out their Hall of Fame ballots, and Hall of Fame member Joe Morgan authored a much-needed letter on behalf of his fellow honorees to urge voters to keep steroid cheats out of the Hall. He wrote—on Hall of Fame stationary, so it is clear that this was both personal and official:

The Hall of Fame is Special – A Letter from Joe Morgan

Over the years, I have been approached by many Hall of Fame members telling me we needed to do  something to speak out about the possibility of steroid users entering the Hall of Fame. This issue  has been bubbling below the surface for quite a while. 

I hope you don’t mind if I bring to your attention what I’m hearing. 

Please keep in mind I don’t speak for every single member of the Hall of Fame. I don’t know how  everyone feels, but I do know how many of the Hall of Famers feel. 

I, along with other Hall of Fame Baseball players, have the deepest respect for you and all the writers who vote to decide who enters Baseball’s most hallowed shrine, the National Baseball Hall of Fame. For some 80 years, the men and women of the BBWAA have cast ballots that have made the Hall into the wonderful place it is. 

I think the Hall of Fame is special. There is a sanctity to being elected to the Hall. It is revered. It is  the hardest Hall of Fame to enter, of any sport in America. 

But times change, and a day we all knew was coming has now arrived. Players who played during  the steroid era have become eligible for entry into the Hall of Fame. 

The more we Hall of Famers talk about this – and we talk about it a lot – we realize we can no longer  sit silent. Many of us have come to think that silence will be considered complicity. Or that fans  might think we are ok if the standards of election to the Hall of Fame are relaxed, at least relaxed  enough for steroid users to enter and become members of the most sacred place in Baseball. We don’t want fans ever to think that. 

We hope the day never comes when known steroid users are voted into the Hall of Fame. They  cheated. Steroid users don’t belong here. 

Players who failed drug tests, admitted using steroids, or were identified as users in Major League  Baseball’s investigation into steroid abuse, known as the Mitchell Report, should not get in. Those  are the three criteria that many of the players and I think are right. 

Now, I recognize there are players identified as users on the Mitchell Report who deny they were  users. That’s why this is a tricky issue. Not everything is black and white – there are shades of gray  here. It’s why your job as a voter is and has always been a difficult and important job. I have faith in  your judgment and know that ultimately, this is your call. 

But it still occurs to me that anyone who took body-altering chemicals in a deliberate effort to cheat  the game we love, not to mention they cheated current and former players, and fans too, doesn’t  belong in the Hall of Fame. By cheating, they put up huge numbers, and they made great players  who didn’t cheat look smaller by comparison, taking away from their achievements and consideration for the Hall of Fame. That’s not right. 

And that’s why I, and other Hall of Famers, feel so strongly about this.  

It’s gotten to the point where Hall of Famers are saying that if steroid users get in, they’ll no longer  come to Cooperstown for Induction Ceremonies or other events. Some feel they can’t share a stage  with players who did steroids. The cheating that tainted an era now risks tainting the Hall of Fame  too. The Hall of Fame means too much to us to ever see that happen. If steroid users get in, it will  divide and diminish the Hall, something we couldn’t bear. 

Section 5 of the Rules for Election states, “Voting shall be based upon the player’s record, playing  ability, integrity, sportsmanship, character, and contributions to the team(s) on which the player  played.” 

I care about how good a player was or what kind of numbers he put up; but if a player did steroids,  his integrity is suspect; he lacks sportsmanship; his character is flawed; and, whatever contribution  he made to his team is now dwarfed by his selfishness. 

Steroid use put Baseball through a tainted era where records were shattered. “It was a steroidal farce,” wrote Michael Powell in the New York Times. It is no accident that those records held up for decades until the steroid era began, and they haven’t been broken since the steroid era ended.  Sadly, steroids worked. 

Dan Naulty was a journeyman pitcher in the late 1990s who admitted he took steroids, noting that his fastball went from 87 to 96. He told Sports Illustrated’s Tom Verducci in 2012, “I was a full-blown  cheater, and I knew it. You didn’t need a written rule. I was violating clear principles that were laid down within the rules. I understood I was violating implicit principles.” 

The Hall of Fame has always had its share of colorful characters, some of whom broke or bent society’s rules in their era. By today’s standards, some might not have gotten in. Times change and  society improves. What once was accepted no longer is. 

But steroid users don’t belong here. What they did shouldn’t be accepted. Times shouldn’t change  for the worse. 

Steroid users knew they were taking a drug that physically improved how they played. Taking  steroids is a decision. It’s the deliberate act of using chemistry to change how hard you hit and throw by changing what your body is made of. 

I and other Hall of Famers played hard all our lives to achieve what we did. I love this game and am  proud of it. I hope the Hall of Fame’s standards won’t be lowered with the passage of time.  For over eighty years, the Hall of Fame has been a place to look up to, where the hallowed halls  honor those who played the game hard and right. I hope it will always remain that way. 

Sincerely, 

Joe Morgan

Good.

I agree in every respect. Continue reading →

Morning Ethics Warm-Up, 11/25/2017: NPR, Spin Cycle, A Mother Bugs A Classroom, and a Jumbo!

/ Jack Marshall / 51 Comments

 

Good Morning, Black Saturday!

1 Self promotion Dept. I’m going to be back on NPR (WBUR, D.C.) in what I think is a live panel discussion (“Barbershop” is the show—I wonder what a ‘barbershop” is? ) hosted at 5: 30 pm, EST by the estimable Michel Martin. The topic is The Harvey Weinstein Ethics Train Wreck, though that’s not what they’ll be calling it.

2. “For every time, Spin Spin Spin, there is a season..” I may mention this New Republic article, or at least be ready to torch a fellow panelist who cites it favorably. The tortured reasoning of writer David Dayen led him to assert that the “sexual harassment crisis” resulted from ” a broken justice system.” Let me summarize it for you: men harass women in the workplace because it’s too hard to convict people and put them in jail. When did liberals start being the ones who want to dispense with civil rights protections and due process assurances in court?

“But we should identify the real culprit for this state of affairs: the long, slow abandonment of the rule of law in America. The reason adjudicating sexual misconduct claims has been left to the media and the crowd is that people have no expectation that the legal system will adjudicate those claims fairly. How can anyone blame them? They have witnessed endless instances of powerful people, mostly wealthy men, getting away with criminality and deception, in every context imaginable. When you don’t have a working justice system, you get a kind of vigilantism as a result. The problem isn’t the vigilantism—it’s the broken framework that leads desperate people to take matters into their own hands. That powerful people face little sanction for misbehavior is an old story, as true in gender as it is in class. But brazen impunity for the powerful is a hallmark of our era. The worst financial crisis in America in nearly a century led to practically no convictions for those whose actions facilitated the meltdown. The Catholic Church shuttled around sex-abusing priests for decades with little reckoning. Cops shoot black people and go back on the job….”

None of this has much to do with sexual harassment, which isn’t a crime, and the three examples cherry-picked by Dayen don’t support his stated argument. The Wall Street wheeler-dealers operated primarily within loopholes and gray areas in the laws and regulations. There were few convictions because it was hard to prove that laws were broken. When the molesting priests were identified, still living, and in the U.S., many were sent to prison. (That the Catholic Church behaved abysmally doesn’t show that the U.S. justice system is broken, obviously). And “Cops shoot black people and go back on the job” is deceitful, simple-minded agitprop. Colin Kaepernick, is that you?

The article is a desperate and clumsy attempt at ethics jujitsu, with the recent exposure of progressive hypocrites as sexual predators being flipped to pivot to the talking point that “everything is rigged against the poor, blacks and women.” What Dayen ends up arguing is that we need to make it easier to prove criminal guilt when we just know the defendants are bad dudes (white, male and rich) —shouldn’t that be enough?— and all the “beyond a reasonable doubt” stuff should be junked…except when black “non-violent drug offenders” are involved.

3.  It’s still illegal. Fark.com called this story “a woman being arrested for mothering while black.” Nice. David Dayen, is that you? Continue reading →

Ethics Dunce: The Walter Cronkite School of Journalism and Mass Communication

/ Jack Marshall / 10 Comments

The Walter Cronkite School of Journalism and Mass Communication has boarded the Harvey Weinstein Ethics Train Wreck.

Is the body of Charlie Rose’s work as a journalist less impressive, valuable, expert, enlightening and professional because we have learned that he is an abusive, sexist, gross, harassing pig? Of course not.

That being the case, why is The Walter Cronkite School of Journalism and Mass Communication revoking the Walter Cronkite Award for Excellence in Journalism it bestowed on him in 2015? Let’s have the school’s explanation, shall we?

In the words of Dean Christopher Callahan:

We give the award each year based on the knowledge we have of a recipient at that time. When new information about a recipient surfaces, the question we ask is not whether the award would be given again with a new set of facts, but whether the transgressions are so egregious that they demand nothing less than a reversal of history.

I believe Mr. Rose’s actions of sexual misconduct reported by The Washington Post and other media outlets, which are largely unrefuted, rise to that level. The damage caused by Mr. Rose’s actions extends far beyond the news organizations for which he worked. The actions victimized young women much like those who make up the overwhelming majority of Cronkite students – young women who deserve to enter workplaces that reward them for their hard work, intelligence and creativity and where they do not have to fear for their safety or dignity. In rescinding this award, we hope to send an unequivocal message that what Mr. Rose did is unacceptable, and that such behavior – far too common in not just media companies but many organizations – must stop.

So now you know why. The school, and its dean, and everyone else involved in this decision, is craven, hell-bent on virtue-signalling, bereft of integrity, hypocritical, and intellectually dishonest. The school has never withdrawn an award or honor: are we really supposed to believe that there is an established procedure for considering whether or not one should be revoked in an instance of “new information” that has nothing whatsoever to do with the reason the honor was bestowed? Rose’s shame hardly did any lasting harm to the news organizations he worked for beyond the inconvenience of replacing him. He discriminated against women? Being the biggest cheese in William Paley’s all-male news room, Walter Cronkite’s treatment of women during the “Mad Men” error probably wouldn’t pass muster today, though I can’t picture Uncle Walter parading naked in front of female colleagues. (Fortunately I can’t picture Charlie doing that either). If Walter’s Juanita Broaddrick, reading about the slap-down of Rose, comes out with a credible accusation against the icon, will the Arizona State-based institution change its name to the Dan Rather sch…no, it can’t do that. Continue reading →

This Explains A Lot, I Guess…

/ Jack Marshall / 25 Comments

Here’s another planned post from those lost notes on a Sunday Times I just found from two weeks ago:

In  the New York Times Magazine,  the Times announced the results of an online poll of 2, 903 subscribers by its research-and-analytics  department. 72% Times loyalists would prefer to have done something horrible that only they knew about than to have everyone think they did a horrible thing that they really didn’t do.

Wait…what?

See, if you did a secret horrible thing, there really was someone hurt by your conduct. If people just think you did a horrible thing, you in fact hurt nobody, and did nothing wrong. This was a sneaky way of asking, “Are you a selfish and unethical human being, or not?”  Well, sneaky assuming that Times subscribers are incapable of thought, or that they let their 12-year-old kids answer Times research questions. About 3/4 answered, “Oh, I’m completely unethical!”

For the sake of clarity, let’s assume that both sides of the question involve the same horrible act, agreed? After all, if the real act is setting an orphanage on fire, and the wrongly believed act is farting loudly during a funeral service, or vice versa, the question is ridiculously easy.

So…72% of Times subscribers would rather have murdered a child than have everyone wrongly think they murdered a child? Molested a child? Broiled and eaten a child? Committed adultery? Spousal abuse? Spousal torture? Buried a spouse alive? Keeping a spouse locked in a dungeon? Locking a spouse in a dungeon with rabid wolverines?

What does this poll result tell the Times? What were they trying to learns? What does it tell us?

I guess it might explain the continued presence of the likes of Charles Blow, Thomas Friedman and Paul Krugman on the Times op-ed pages.

Or maybe their presence explains why Times subscribers reason as they do.

Morning Ethics Warm-Up, 11/24/2017: The Infuriating Clinton Enabler Flip-Flops, And Ominous Messages From The Times

/ Jack Marshall / 26 Comments

Good Morning After…

1 Damn First Amendment! I’m hoping that everyone was watching the Macy’s Thanksgiving Day Parade and missed it, but yesterady’s New York Time front page had very strange headline above the fold: “Using Freedom To Lead Attack On Gay Rights.” The online version was more descriptive of te tone of the article: “Fighting Gay Rights and Abortion With the First Amendment.” The article seeks to paint the Alliance Defending Freedom, which opposes policies that its members believe infringe on their right to live according to their religious beliefs, as sinister. By emphasizing the fact fact that the guarantees of the First Amendment aid and abet the dastardly objcetives of these horrible people, the Times appears—to me, anyway–to be questioning the First Amendment itself. Don’t all advocacy groups “use freedom” to argue for their positions? Doesn’t the New York Times fight the Republican Party and Donald Trump “with the First Amendment”? Yes, we have free speech in this country, at least until progressives acquire sufficient power to limit it, as their rhetoric increasingly portends. Where is the Times headline, “Progressive Use Freedom to Lead Attack on Liberty”?

From the article:

“We think that in a free society people who believe that marriage is between a man and a woman shouldn’t be coerced by the government to promote a different view of marriage,” said Jeremy Tedesco, a senior counsel and vice president of United States advocacy for the group, which is based in Scottsdale, Ariz. “We have to figure out how to live in a society with pluralistic and diverse views.”

But civil liberties groups and gay rights advocates say that Alliance Defending Freedom’s arguments about religious liberty and free expression mask another motivation: a deep-seated belief that gay people are immoral and that no one should be forced to recognize them as ordinary members of society.

Oh, no doubt, the civil liberty groups are correct about that, but so what? Motives have never been the criteria whereby legitimate use of the First Amendment is measured and limited.  Whether religious groups believe that LGBT individuals should not have the same rights as other citizens because they have been condemned by God, or whether they just think they are inherently icky, or whether they are inherently icky because they have been condemned by God, or whether they have been condemned by God because God thinks thet thinks they are inherently icky, part of the First Amendment states that they have a right to their beliefs, and another part says that they have a right to argue for those beliefs without government interference. Yup: they are dead wrong about gays (though not necessarily about abortion), just as the Times is wrong about many, many things. But implicating the First Amendment while attacking Alliance Defending Freedom’s positions is a dangerous game, and one more bit of evidence that a large swathe of the ideological Left regards the nation’s core principles of freedom or speech and religion as problems rather than blessings. Continue reading →

Thanksgiving Morning Ethics Warm-Up, 11/23/17: All About Turkeys, Metaphorically Speaking

/ Jack Marshall / 35 Comments

It’s Thanksgiving Morning!

1 It’s also my wedding anniversary. I am very thankful , and proud, frankly, that I am one of the very few people among my pretty large and diverse community of friends, acquaintances and colleagues still married (after 37 years…yes, I married at 13) to the same person I pledged to make a life with “til death do us part.” It’s not easy, for anyone, and determination and commitment, forgiveness and contrition, are a large, crucial, indispensable part of it. A lot of the journey is based on ethics, in other words.

2. Surprise! More accusers of both Rep. John Conyers and Senator Franken surfaced yesterday. Conyers’ new alleged victim is Melanie Sloan, formerly the head of CREW, the left-wing D.C. ethics watchdog that somehow manages to see unethical conduct by Republicans about five times more often than it fingers Democrats. Sloan says she was not sexually harassed, but alleges that Conyers called him into his office to verbally abuse her while being dressed in his underwear. Uh, Melanie? If your boss is ever berating you in his underwear, that is per se sexual harassment. This is a hostile work environment; I don’t care if your superior is built like Batman…well, like his costume.

The predictable proliferation of accusers was why, in the hypothetical apology I authored for Alternate Universe Al, I included the part about mistreating other women. It was a sure thing; harassers harass, and if you are going to pretend that the first accuser was “just a mistake,” you might as well skip it and head for George Bailey’s bridge. In the sexual harassment training field, nothing is more certain than the fact that with the real harassers and predators, if there’s one victim, there are many. This is why the narrative about Anita Hill amounts to a Left-driven, media-driven smear of Clarence Thomas for the crime of being a black conservative.

An unanticipated horrible consequence of this leg of the Harvey Weinstein Ethics Train Wreck, which also includes new allegations about the Democratic Party’s keynote speaker when it was accusing conservatives of a “war on women,” as well the revelation that the GOP President who selected Thomas emulates his favorite magician, “David Cop-a-Feel,” is that it very well might elect Roy Moore, who is worse than any of them. Meanwhile, most analysts think that both Franken and Conyers will have to resign. ( I would eagerly vote for a mad scientist-make hybrid of Conyers and Franken—Frankenconyers!—before I would even shake Roy Moore’s grubby hand…and really, who knows where it’s been?)

Republicans have been incredibly lucky with their choices of foes, luckier than they deserve. Continue reading →

Legal, Compliant, And Wrong: A Law Firm Helps Two California Cities Prey On Their Own Citizens

/ Jack Marshall / 18 Comments

Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:

Step One:  Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.

Step Two: The citizens go to court, plead guilty, and pay the fines,

Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.

Step Four: If the citizen objects, the law firm raises the fee demand.

Step Five: If the citizens can’t pay, the law firm threatens to take their homes.

The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.

The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too  inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting

“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”

Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting  approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →

Morning Ethics Warm-Up, 11/18/17: (Part One) The Frankenmedia

/ Jack Marshall / 5 Comments

Wait, how does that go again? What is it that “dies in darkness”?

Good morning (or, as I first typed it, “good monging”), everyone!

1 CNN’s walking, talking, “mistake…CNN’s alleged ethics watchdog, Brian Stelter, is really an embarrassment. He sees his job as defending the news media, not making its conduct better through objective criticism. He especially works up a sweat defending CNN, perhaps the most rooutinely unethical of all…but then, CNN pays his salary, the fools. He’s useless.

In a podcast,, both he and CNN token conservative S.E. Cupp blamed the mean conservative media and commentators unfairly dwelling on “mistakes” to undermine public trust in journalism.  See Rationalization #19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

This is a legitimate defense if, in fact, an individual has been accused of not being perfect.  Usually, however, it is an attempt to minimize the significance of genuine misconduct. When an act suggests that more than an honest mistake or single instance of bad judgment was involved, and that an individual’s conduct indicates a broader lack of character or ethical sensitivity, “Nobody’s perfect!” and “Everybody makes mistakes!” are not only inappropriate and irrelevant, but are presumptively efforts to change the subject. The fact that nobody is perfect does not mean that it isn’t necessary and appropriate to point out unethical conduct when it occurs. It also does not argue for failing to make reasonable assumptions about the ethical instincts of the actor if and when the unethical nature of conduct strongly suggests that it is not an aberration, but a symptom.

Though nobody is perfect and everyone makes mistakes, we are all still accountable for the mistakes we make.

It’s not a mistake when CNN shows itself to be blatantly biased, it’s dishonest and a breach of integrity. It’s not a mistake when CBS, ABC and NBC refuse to report a Democratic Senator’s trial for bribery  until  it ends in a mistrial, its deliberate refusal to report the news. (CBS recently devoted 45 second to the President drinking from a water bottle.) It’s not a mistake when NBC reinstated a news anchor (Brian Williams) who was shown to have lied repeatedly, its contempt for journalism, and irresponsible. It’s not a mistake when ABC ignores basic conflict of interest principles to allow former Clinton staffer and current Clinton Foundation donor George Stephanopoulos to interview both Hillary Clinton (nice, easy interview)and the author of a book criticizing her (hostile interview), it’s incompetent journalism. Etc, meaning I could go on for, oh, 50,000 words or so without having to check my notes.

The fact that CNN lets an unqualified dolt like Stelter talk about ethics isn’t a mistake either.

When mistakes—and fake news, the description of misconceptions as facts, and bias-driven choices regarding which stories to cover and which to bury are not mistakes—by professionals reach a critical mass, they implicate trust.

2. Like THIS mistake, for example…Here, courtesy of Newsbusters, is veteran CNN journalist Gloria Borger spinning for Al Franken:

Borger …immediately went into spin mode by downplaying the fallout, stating that KABC radio host Leann Tweeden “did not call for him to step down or say he ought to step down” and didn’t render an opinion upon being told an investigation had been launched.

Gloria really needs to 1) read Ethics Alarms and 2) take Ethics 101. What a victim chooses to say about an unethical act that harmed her doesn’t alter the seriousness of the act in any way.

From there, Borger continued proving this segment as one of political tribalism, declaring that what matters most is “the context in which all of this occurring, which is Moore — Judge Moore — and that has been, you know, brewing and percolating, whatever you want to say, for days and days and days.” 

In other words, “Look over there!” This is also Ethics 1o1 stuff: Whether the conduct of individual A is better or worse, the unrelated conduct of individual B must be judged on its own ethics breaches. Borgia is appealing to Rationalization #22, “It’s not the worst thing.” (This is also the current favorite of my Facebook friends, who are embarrassing themselves. At least they aren’t posing as journalists.) Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

/ Jack Marshall / 10 Comments

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading →