Stop Making Me Defend Lenny Dykstra!

It pains me to have to write this; after all, the 1986 World Series, best remembered for the  potential Series-winning game the Red Sox choked away for good when the ball rolled under Bill Buckner’s legs (it wasn’t Bill fault, but never mind), is one of the traumas of my life. That was a thoroughly dislikable (but great) Mets team that won in 1986, and centerfielder Lenny Dykstra was the worst of them.  Still, the perfidy, venality and cruelty of another member of that team requires me to take Lenny’s side.

Dykstra was an obnoxious player and has been in constant trouble since his retirement. In a new book released this week, “108 Stitches: Loose Threads, Ripping Yarns, and the Darndest Characters from My Time in the Game,”  Dykstra’s team mate, turned broadcaster Ron Darling  (he’s on the left above, Lenny’s on the right) claims that Dykstra used racial epithets to unsettle Boston Red Sox pitcher Oil Can Boyd, an African American, before Game #3 of the 1986 World Series. Darling has now  repeated the accusation on three radio shows this week, as he wrote that Dykstra was “shouting every imaginable and unimaginable insult and expletive in his [Boyd’s] direction — foul, racist, hateful, hurtful stuff” when he was in the on-deck circle before leading off the game. Continue reading

Sunday Ethics Warm-Up, 3/31/2019: The NCAA Tournament, Colbert, Chris Rock, And Bullshit

Good Afternoon!

I’ve been thinking a lot about my Dad for some reason, and that was his favorite hymn. It’s an Easter hymn, but our church always had the choir sing it on the special spring service. My unusually musically talented friends knocked it out of the park at my father’s funeral service at Arlington National Cemetery. It also has the advantage of being composed by Arthur Sullivan, just like “Onward Christian Soldiers!” and “Tit Willow.”

1. Fill out your brackets, and enable corruption. It’s the NCAA tournament again, and again, helping the schools and the NCAA and the networks make money off of the destructive and corrupt culture of big time college basketball is ethically indefensible. The New York Times wouldn’t go so far as to say that, but it did recently write about the dissonance, beginning,

Every March, millions of Americans fill out brackets (more than 40 million people, by one count), cheer the underdogs and tune in on television. Others buy tickets to the games, wear jerseys of their favorite teams and let wins and losses dictate their mood. Yet fans who follow college basketball closely know about the game’s intractable relationship to corruption. Even many who come just for March Madness must know that the real madness is not always on the court.

A wide-ranging and fear-inducing F.B.I. investigation into college basketball recruiting continues to ensnare big-name colleges and little-known crooks. It is why Louisiana State, for example, is playing without its head coach, Will Wade, and why Auburn recently had an assistant coach suspended and a former assistant plead guilty of conspiracy for accepting bribes.

This week, the lawyer Michael Avenatti was charged with trying to extort up to $25 million from Nike in exchange for concealing information he had about illicit payments to recruits. He has since revealedsome allegations on Twitter….

The Times doesn’t bother to go into the related problem of how basketball distorts academic goals, sucks away resources that should be used for education, and usually leaves its athletes no better educated than they were when they arrived. As you might expect, the Times’ writer is too ethically incompetent to provide and enlightenment. For example, he quotes one ethicist as saying, “…Someone thinks, ‘Gosh, this is unethical, but I love it so much, and my friends and I have such a good time rooting and cheering that I’m going to participate anyway.’” That description could also be used to justify gang rape. Can we have a little nuanced clarification? Then the Times writer, John Branch, offers these ill-devised analogies:

“Such internal debates permeate our culture. Is it O.K. to dance to a Michael Jackson song, to laugh to a Louis C.K. joke, to watch a movie produced by Harvey Weinstein? To cheer for football knowing what it may be doing to players’ brains?”

Let’s see: wrong, wrong,wrong, and…right.  1 for 4.

A Michael Jackson song isn’t corrupt, or unethical: it’s art. He’s dead: dancing to the song does not enable the misconduct. A joke is a joke regardless of who tells it, and again, laughing at a C.K. joke doesn’t make it more or less likely that he’s going to masturbate in front of a female colleague. Workplace misconduct doesn’t taint the work product, and nobody has claimed that movies themselves are culturally corrupting, or that Weinstein’s films harmed the actors in them.  Cheering for football is a legitimate comparison, because the sport itself is the problem, just like college basketball itself is the problem.

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Saturday Ethics Warm-Up, 3/16/2019: Smirks, Grovels, Smears, Gotchas And Gracelessness

Gooooood MORNING!

Feeling blue today, so I had to start off with the great Charles Trenet magic ballad.

1. “I’m smart! I’m not dumb like everybody says!” Yesterday I hypothesized that Southern Poverty Law Center founder Morris Dees was fired because of sexual harassment allegations. Apparently I was right.

2. Another hypothesis! I think I may know why the unhinged media and MAGA-haters went so over-the-top bonkers over Nick Sandmann’s supposedly sinister smile when the Native American jerk was banging a drum in his face. We’ve been streaming 2018’s “The Assassination of Gianni Versace” on Netflix, and it is amazing how much Darren Criss, playing serial killer and sociopath Andrew Cunanan, resembles Sandmann in that unfortunate photo. I suspect that Martinez’s disturbing performance as a gay predator was sill percolating in the minds of some observers, and Sandmann’s “smirk” stirred extreme revulsion that wasn’t entirely his doing.

Look:

3.  “Never apologize; It’s a sign of weakness.” Capt. Nathan Brittles’ (John Wayne) rebuke of a young cavalry officer (Harry Caray Jr.) in “She Wore A Yellow Ribbon” is sometimes right, especially recently, when cowardly public figures apologize when they have done nothing wrong.

Yesterday, a group of students at an NYU vigil dedicated to the 49 people were murdered in two mosques in central Christchurch, New Zealand confronted Chelsea Clinton, accusing her of sparking the massacre by condemning the anti-Semitism of Democratic Minnesota Rep. Ilhan Omar. “The 49 people died because of the rhetoric you put out there!” one student told her. If Chelsea had any integrity at all—and to be fair, given her parents, how could she?—she would have told all of the students that blaming a massacre in New Zealand on legitimate criticism of a Jew-bashing Muslim demagogue in the U.S. was moronic, and she should have queried the students about whether they got into college because someone had taken their tests for them, since they lacked the critical thinking skills to run a bait shop. But no…lacking integrity and courage, the former First Daughter grovelled to the mob, because that’s what good progressives are supposed to do in 2019, saying, “I’m so sorry that you feel that way. It was certainly never my intention. I do believe words matter. I believe we have to show solidarity.”

Then there’s the latest entrant into the Democratic Presidential race, Beto O’Roarke, who yesterday apologized for for joking at several events in his first two days campaigning in Iowa that his wife has been raising their three children “sometimes with my help.” After grovelling for that, he  apologized for fiction he wrote when he was a teenager, using the pen-name Psychedelic Warlord, about murder written from the murderer’s point of view. He said he was “mortified to read it now, incredibly embarrassed… whatever my intention was as a teenager doesn’t matter.”

This kind of reaction is why the unethical Hader Gotcha! is becoming an epidemic. Bravo to Ann Althouse for a great take-down:

No. I want him to apologize to the teenager, the boy he once was. Apologize for saying he doesn’t matter. Apologize for being embarrassed for him. Who the hell are you to be embarrassed for him? You are erasing him. You are misappropriating him. What about the teenagers today who hear you and resolve never to write fiction lest it trip up some aggressively ambitious person they may grow into some day?

4. Meanwhile, another Hader Gotcha! finally fails. Right wing activists Jack Posobiec and  Mike Cernovich got James Gunn fired by Disney as the writer-director of Guardians of the Galaxy 3, after he unearthed old tweets in which Gunn made tasteless and politically incorrect jokes. Hundreds of thousands of people signed a Change.org petition asking Disney to reconsider. Of course, Gunn also grovelled sufficiently, saying that his tweets were “stupid, not at all funny, wildly insensitive and certainly not provocative like I had hoped.”

Cernovich and Posobiec maliciously set out to hurt Gunn after he had criticized President Trump on social media. Now Cernovich has demanded that Media Matters  boycott Disney ,  telling  TheWrap, “Disney’s rehiring of James Gunn presents an excellent opportunity for Angelo Carusone and Media Matters to show they are principled fighters for social justice. I eagerly await joining Media Matters’ boycott of ‘Guardians of the Galaxy 3.” This is all to prove that Media Matters is biased and hypocritical (like Cernovich), because it has called for a boycott of Fox News pundit Tucker Carlson based on his comments during an old interview with Bubba the Love Sponge.

Ethics note: Kant correctly declared that using human beings as a means to an end is unethical. But no one involved in this episode gave a thought to ethics at all, much less Emanuel Kant.

4.  This is why nobody should read Vox. From Ezra Klein’s website:

President Donald Trump just used similar language to describe immigrants coming into the United States that the alleged mass shooter did to justify killing nearly 50 Muslims in Christchurch, New Zealand. On Friday, Trump issued the first veto of his presidency to override a congressional blockade of the national emergency he declared at America’s southern border. During the veto signing ceremony, Trump explained why he felt a national emergency was warranted to stop migrants from entering the US. “People hate the word ‘invasion,’ but that’s what it is,” he said, according to the White House pool report. That is chillingly similar to the language the main suspect in Friday’s Christchurch terrorist attack used to explain why he chose to gun down at least 49 Muslims.

  •  The President has never  called immigrants “invaders.” He has called illegal immigrants, who fit the definition of invaders,  what they are. The victims of the two Mosque shootings were not illegal immigrants.
  • The President never uses the term “migrants,” which is another deceitful language tactic to blur the material differences between legal and illegal He does not want to “stop migrants” from entering the U.S. He wants to stop terrorists from entering the U.S., and he wants to stop illegal immigrants.
  • “Using the same language” as someone who does vile things is a desperately unethical accusation and contrived offense, unless the contexts are identical, the words used mean the same thing, and the intentions are the same. Here, they were not—not even close.

5. Rejecting democracy. Oh, let’s have Stacey Abrams run for President too! She fits. Like her increasingly anti-democratic and ironically named party, she wants to undermine public trust in elections. This week the defeated  Georgia Democratic gubernatorial candidate  again claimed that she won her November election against Republican Brian Kemp, though the vote tallies say otherwise. “I did win my election. I just didn’t get to have the job.”

She has no proof of this, of course;  just the continuing Democratic Party’s corrosive  Big Lie that the system is rigged against female and minority candidates. Hillary Clinton started this partisan trend of refusing to accept defeat with grace and magnanimity, as the system requires to remain viable, unless you want to count Al Gore. Now Abrams says that she will never concede that she lost. Naturally, Hillary, the worst loser in U.S. Presidential history, backs her up. (Clinton, you might recall, excoriated Donald Trump for trolling that he might not accept the election results as legitimate…when she assumed she would win.) Clinton said during her speech on the anniversary of “Bloody Sunday” march,

“We know, don’t we, that candidates both black and white lost their races because they had been deprived of the votes they otherwise would have gotten. And the clearest example is from Georgia. Stacey Abrams should be governor, leading that state right now.”

We just know! Just like Democrats just know President Trump has done something impeachable, and just knew Justice Kavanaugh was a rapist, and just know all sorts of things so intensely that evidence and due process aren’t required.

An Unethical Quote About An Unethical Quote!

This was Trump’s fault? OK, that makes sense, Senator….thanks for clarifying

I’m sorely tempted to write an unethical post, thus creating the first unethical quote about an unethical quote about an unethical quote…but that would be wrong, as Richard Nixon said.

The topic was the recent New Zealand terror attack, the venue was CNN,  the speaker was Connecticut Democratic Senator Richard  Blumenthal ,and the quote was

“Words have consequences like saying we have an invasion on our border and talking about people as though they were different in some fatal way…I think that the public discourse from the president on down is a factor in some of these actions…Words do have consequences, and we know that at the very pinnacle of power in our own country, people are talking about ‘good people on both sides.”

That’s right, the Senator was trying to blame a terrorist attack in New Zealand on Donald Trump. I wopuldn’t have to know a thing about Blumenthal to hear such a statement and conclude, with high confidence, that the speaker was a despicable, principle-free asshole. This is the unethical cognitive dissonance game that has the vile objective of ginning up hate by associating something universally understood as terrible to the person or group you want to demonize, despite the fact that there is no connection at all. President Trump plays this game on occasion, as when he links all illegal immigrants to gang members and murderers, the worst of their number, but at least there is some nexus there. Blumenthal’s smear is completely dishonest; it is in the same category as Hitler blaming Jews for the bad economy. (Don’t throw Godwin’s Law at me: an apt Hitler comparison is the clearest way to show how despicable the tactic is.) “If you hate massacres like this, then you should hate Trump too, because he helps make them happen!” No, he doesn’t, and didn’t, you irredeemable hack:

  • Calling illegal immigrants “invaders” is harsh language but not inaccurate. or unfair. An invader is “A person or group that invades a country, region, or other place.” Invade means “to enter (a place, situation, or sphere of activity) in large numbers, especially with intrusive effect.” There is no requirement, ethically or otherwise to describe those who seek to break our laws in nice terms. Failing to do so, moreover, does not cause maniacs to kill people in New Zealand. Did I mention that Blumenthal is an asshole?
  • “Talking about people as though they were different in some fatal way”…nice turn of phrase there, Senator Boob. The President makes distinctions between law breakers and law abiding citizens, and, in fact, there are many material differences between people, which your party increasingly wants to have embodied in law, so some groups have advantages over others in employment and other areas. But how does the vague conduct alluded to in this inarticulate blob of a phrase kill New Zealanders? I’m not seeing it.
  • “Words do have consequences”...True, and what a shame you don’t know how to use them…
  • “We know that at the very pinnacle of power in our own country, people are talking about ‘good people on both sides.” Yes, Senator, we know that the position of your party and supporters is that the only good people are those who believe what you want them to believe.  Everyone else is deplorable.

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Unethical Quote Of The Month: Sen. Kamala Harris (D-Cal.)

“It is a fact that we can change human behaviors without much change to our lifestyle and we can save the future generations of our country and this world.”

—-Democratic Presidential candidate Kamala Harris, talking about the feasibility of the “Green New Deal.”

Right now the most interesting contest is between Elizabeth Warren and Kamala Harris for Most Outrageous Demagogue. Harris already has the “How far can I jam my foot down my throat” title, at least until the infinitely entertaining Joe Biden officially enters the race.

Re-engineering human beings is the domain of totalitarians, and her party is now so thoroughly entranced by totalitarian methods–control of the media, censorship of speech, defiance of elections, Big Lie propaganda—that Senator Harris may be getting careless and letting the mask drop.

This statement is also a lie and an alarmingly brazen one, which gives us a good idea of how the Green New Deal will be sold to the largely ignorant and gullible public. Read that FAQ document again and try to imagine how the objectives appearing there—not that they are much more realistic than Oz—wouldn’t involve “much change to our lifestyle.”

Now, to be fair, it is possible that Harris’s meaning wasn’t as ominous as it seems. People can change their behavior and habits: that’s what this blog is about. People got the message about littering in the late Fifties and early Sixties, for example. The culture us always evolving, and the culture causes people to adapt their behavior. The problem is that Harris didn’t say people can change, she said that “we” can change human behavior. That’s what Marx and Lenin thought. I don’t trust people who think like that, or who even lets statements like that out of their mouths without stopping and thinking, “Wait, what did I just say?” Continue reading

Ethics Quote Of The Week: California Attorney Benjamin Pavone

“The ruling’s succubustic adoption of the defense position, and resulting validation of the defendant’s pseudohermaphroditic misconduct, prompt one to entertain reverse peristalsis unto its four corners.”

—-Attorney Benjamin Pavone’s most spectacular of several ethically (and rhetorically) dubious statements in his appellate brief for the plaintiff in the case of Martinez v. Stratton.

This was one of those cases where the winner actually loses. The plaintiff was awarded about $8,000 in damages while most of his claims were rejected. The trial court also denied plaintiff’s petition for approximately $150,000 in attorney fees. The plaintiff then appealed the denial of his fee petition. In both the notice of appeal and the briefing, plaintiff’s counsel engaged in the kinds of rhetoric regarding the trial judge that are frowned upon, to say the least.  Plaintiff’s Counsel called the female judge’s order “disgraceful,” accused her of “intentional” error motivated by political bias, and condemned her “mindless antipathy” toward his client.

The new California rules have a version of ABA Model Rule 8.2 that states

“A lawyer shall not make a statement of fact that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or
integrity of a judge or judicial officer, or of a candidate for election or appointment to judicial office.”
Attorney Pavone would have been skating dangerously close to it, if not for the fact that his conduct occurred before the new Rules went into effect. Never mind: he appeared to nick a number of the old rules as well; at least the appeals court thought so, since it referred Pavone to the bar for possible discipline. (It also rejected the appeal.) The old version of California ethics rules in California’s Business and Professions Code section 6068 stated that it is the duty of an attorney to “maintain the respect due to the courts of justice and judicial officers.” Thus disrespectful statements made in court filings are grounds for attorney discipline or contempt.

The appeals court’s opinion not only affirmed the judgment and awarded defendants their costs on appeal, but also reported plaintiff’s counsel  to the state bar for misconduct.

In addition to impugning the judge’s independence and integrity, the main complaint of the appellate judges seems to be that Pavone engaged in gender bias against the trial judge by using “succubustic.”  I see a lot wrong with that quote, including the fact that it is incoherent, but boy, finding gender bias is a stretch.  “The notice of appeal signed by Mr. Pavone on behalf of plaintiff referred to the ruling of the female judicial officer as “succubustic.” A succubus is defined as a demon assuming female form which has sexual intercourse with men in their sleep. We publish this portion of the opinion to make the point that gender bias by an attorney appearing before us will not be tolerated, period,” the ruling says.

The lawyer’s statement does not call the judge a succubus, however, and I’m not at all sure Pavone wouldn’t have used the same description if the judge was a male. He says that the ruling is “succubistic,” not that the judge is a succubus. Since it makes no sense to say the ruling was having sex with a sleeping man, I assume that what the lawyer meant was that the ruling simply adopted the defense position. The succubus, in many traditions, doesn’t just have sex with the sleeping victim, it also “sucks” the essence of life out of him, sometimes causing death. That is also the way succubi are frequently portrayed in horror movies—trust me, that a genre I know extremely well. So “the ruling’s succubustic adoption of the defense position” just means that the judge adopted the defense’s position as her own. That’s not gender bias.

But then, this is California, after all.

I have no idea what “pseudohermaphroditic misconduct” is, however, or  what “prompt one to entertain reverse peristalsis unto its four corners” is supposed to mean.

Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading