Law & Law Enforcement

From The Ethics Alarms Archives: “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia”

/ Jack Marshall / 18 Comments

Here’s an Ethics Alarms post about a story from 2016 that takes on some new elements when considered in light of #MeToo and the Harvey Weinstein Ethics Train Wreck. I’m wondering if Madonna would do this today.

Let’s review the players, shall we?

This is Josephine Georgiou, Isn’t she pretty? She was 17 in 2016.

This is Madonna, performing on stage in Australia. during her2016 concert tour.

She was and is over-the -hill and  has to be progressively more outrageous  to try to justify her concert ticket prices. During the 2016 tour, she was repeatedly late, suspected of being drunk on stage, and generally erratic. Her enabling supporters attributed this to a messy divorce. Of course, for a professional, that is no excuse: if you can’t do the job, then don’t charge people for you to do it.

Here is Josephine with a friend before they attended Madonna’s concert in Brisbane. Note Josephine’s outfit.

Note the nipple rings.

Forget the friend, and no, I have no clue as to what Josephine was holding. Maybe they have very small flies in Australia….

Now here is Josephine with her Mom, Toni, who also was at the concert.

More about her later. OK, I think we’re ready now. Fasten your seat belts, it going to be a bumpy trip down memory lane. Here’s “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia” from March 19, 2016…
Continue reading →

Sunday Ethics Warm-Up, 7/14/2019: The “Yikes!” Edition.

/ Jack Marshall / 24 Comments

Good morning!

1. Yikes. The New Republic is routinely irresponsible and disgusting these days, but may have set a new low—I can’t say for sure, because I only intermittently read the rag—with an ugly, homophobic rant by Dale Peck about Pete Buttigieg. So great was the outcry that the far left magazine pulled the piece, something it would not do and has not done when it has savaged a conservative or Republican, though not over sexual orientation, just horrible things like being male, white, or wanting to enforce laws. Here’s an excerpt from what remains on the web…Peck is himself gay, interestingly:

The only thing that distinguishes the mayor of South Bend from all those other well-educated reasonably intelligent white dudes who wanna be president is what he does with his dick (and possibly his ass, although I get a definite top-by-default vibe from him, which is to say that I bet he thinks about getting fucked but he’s too uptight to do it). So let’s dish the dish, homos….He’s been out for, what, all of four years, and if I understand the narrative, he married the first guy he dated. And we all know what happens when gay people don’t get a real adolescence because they spent theirs in the closet: they go through it after they come out. And because they’re adults with their own incomes and no parents to rein them in they do it on steroids (often literally)….the last thing I want in the White House is a gay man staring down 40 who suddenly realizes he didn’t get to have all the fun his straight peers did when they were teenagers.

I’m not saying I don’t want him to shave his chest or do Molly or try being the lucky Pierre (the timing’s trickier than it looks, but it can be fun when you work it out). These are rites of passage for a lot of gay men, and it fuels many aspects of gay culture. But like I said, I don’t want it in the White House.

I want a man whose mind is on his job, not what could have been–or what he thinks he can still get away with.

I know I keep asking this, but how could an editor not have ethics alarms ringing like a seven alarm fire when examining vile material like that?

2. Yikes! I didn’t see this coming...I posted what I thought was a nice, innocuous acknowledgement of the Boston Red Sox management doing something kind for the family of a forgotten walk-on during the team’s legendary 1967 pennant winning season who was inexplicably snubbed over the years. They gave the late Ken Poulsen’s son a 1967 World Series ring in an on-field ceremony before a game last week.

Then I received this in the comments:

I am Kendra Poulsen, Ken’s daughter and first born. I was not informed of this honor and presentation of the pennant ring they gave my brother yesterday. Obviously, I am devastated that me and my son were left out! And Ken had 2 grandsons. My child and my brother’s. The other children were step children from a recent marriage. It all makes me sick! The Sox should be ashamed of themselves. I could care less about the money.

I can’t quite make an ethics call because I can’t answer the threshold “What’s going on here?” query. So far, I’ve alerted a Boston Red Sox sportswriter friend, and that’s all. Was it the team’s obligation to track down the entire Poulsen family for its gesture of contrition? Did the son fail his duty to his sister? Continue reading →

Saturday Ethics Review, 7/13/2019: The Uncomfortable Truth About “The Lion King,” The Green New Deal, Children At the Border, Blackface, And Harvey Weinstein

/ Jack Marshall / 33 Comments

Hi!

Is it unethical for an ethics speaker to drop trow during a program? I think so. It was a situation I narrowly avoided this morning. I am a rather animated speaker, and after I slammed the D.C. ethics rules into the floor to illustrate a point, my effort to retrieve the volume resulted in the rear snap of my galluses pulling loose from the back of my pants. With an unpantsing imminent (and about to be streamed live to hundreds), I asked my moderator to come down from his platform and rescue me by reclipping the devices on, which he did.

Hilarity ensued.

1. “Asshole” ethics. In another episode today, I referred to Harvey Weinstein as an “asshole,” in the context of discussing the multiple David Bois ethics problems in handling the Hollywood mogul’s representation. The exact statement was “Even assholes deserve competent representation.” This came closely after I had mentioned that lawyer incivility was an ethics problem whether there were explicit rules against it or not. One of the attendees in cyber-space texted a query as to whether it was uncivil for me to use the term “asshole.”

I answered that I was reminded of the moment in  “1776” when one of the members of the Continental Congress challenges Thomas Jefferson’s use of the term “tyrant” to describe King George. Is it really necessary, Jefferson is asked, to use such a harsh word? Why resort to an insult? “Because the King is a tyrant,” Tom replies.

I went on to say that I have found that in certain situations, only certain harsh words are sufficiently accurate.  What should I call Harvey, a miscreant? A jerk? No, the man is an asshole, I said. I’m not using the term as an ad hominem attack, but as the most accurate term I can think of for someone who has done the things he has done to so many women while indicating no remorse at all. I do not use the term indiscriminately, and would not use it in certain forums, such as open court. But I do not believe in word taboos, and when the description, however harsh, fits, it is not uncivil to make a Harvey Weinstein wear it.

2. Now, what’s the right word for THIS? In the Washington Post,  Dan Hassler-Forest reflects on the themes of “The Lion King” and asserts that the lions, hyenas, and gazelles are “stand ins for human societal organizations” and that the themes of the movie “incorporates the white supremacist’s worldview.” Hassler-Forest is an author and public speaker on “media franchises, cultural theory, and political economy” who works as assistant professor in the Media Studies department of Utrecht University in the Netherlands. “No matter how you look at it, this is a film that introduces us to a society where the weak have learned to worship at the feet of the strong,” his article asserts. Continue reading →

Acosta-Epstein Scandal Update: Acosta Resigns As Labor Secretary

/ Jack Marshall / 3 Comments

The resignation is effective one week from today. Acosta’s deputy, Pat Pizzella, will become acting Secretary. In the Trump administration, acting secretary is a real growth position, since the appointments to the administration’s top jobs are so uniformly wretched. As with so many other disastrous appointments, Trump, or someone, should have seen this scandal coming before Acosta was nominated..

In confirming reports that he had stepped down, Alexander Acosta said, “I do not think it is right and fair for this administration’s labor department to have Epstein as the focus rather than the incredible economy that we have today.” He said that he called President Trump and “told him that I thought the right thing was to step aside. Because cabinet positions are temporary trusts. It would be selfish for me to stay in this position and continue talking about a case that’s twelve years old rather than about the amazing economy we have right now.”

It was the right move for Acosta whether you believe that he needed to be held accountable for the Jeffrey Epstein fiasco or not. The Democrats are desperately trying to tie Epstein to Trump, and the narrative that Acosta was rewarded for helping a Trump “pal” needed to be squashed. I second the reaction of Ann Althouse, who doubled down on her earlier opinion by re-publishing it  after she heard the news:

“I do think Acosta should resign. When it mattered most, the cries of a wealthy man overwhelmed those of ordinary people. That’s not what belongs in the Labor Department.”

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“Never Mind!”*….And A Few Questions

/ Jack Marshall / 10 Comments

House Democrats on The Committee on Oversight and Reform tweeted the photo above  to promote their investigation into “inhumane treatment” at the border The hearing,  titled “Kids in Cages: Inhumane Treatment at the Border,” is supposed to examine this alleged inhumane treatment—as illustrated by the photo— that members of the committee allegedly witnessed. The photo was intended as a graphic  sample of the “grotesque treatment of children” at the camps under the Trump Administration.

The photo and tweet were quickly sent down the memory hole when Democrats discovered that, not for the first time, they had used an old photo of camps during the Obama Administration.

After deleting the tweet, the Oversight Committee put up a second tweet with a different photo. This photo also turned out to  be from the Obama administration, and  was also deleted.

Notes: Continue reading →

Is There A Point When It Would Be Ethical For Society To Hold That Someone Is Too Stupid To Be Trusted With Children?

/ Jack Marshall / 28 Comments

Kudos to Jonathan Turley for finding this head-exploding story.

In Dixon, Illinois, police stopped a woman who was driving her Audi SUV with an inflatable pool on the roof—and her two children riding inside the pool. Jennifer A. Janus Yeager explained that she had  driven into town to inflate the pool at a friend’s house, and then  had her two daughters ride inside of the pool to hold it down on the drive home.

Oh! That explains everything, ma’am! Sorry for the inconvenience, but I’m sure you understand that we have to investigate these things. Have a nice day, and be careful up there, kids! Hold on tight!

The police arrested this idiot on two counts of endangering the life or health of a child, two counts of reckless conduct and failure to secure a passenger between 8 and 16. Continue reading →

More On The Acosta-Epstein Scandal: Leadership, Moral Luck, Accountability, And Scapegoating

/ Jack Marshall / 33 Comments

Veteran commenter Glenn Logan expressed  doubts about the fairness of current criticism of the Secretary of Labor, Alexander Acosta (above right) for his approval of a ridiculously lenient plea deal for jet-setting sexual predator Jeffrey Epstein (above left). Glenn’s objections  prompted me to search for prior posts here on the ethics issue of high level accountability for disasters and fiascos. In this morning’s warm-up, #3, I discussed the reasons I feel the criticism of Acosta is justified (re Glenn’s complaint that journalists are determined to destroy Acosta because of his connection to their primary target, the President, my response is that  critics being biased and having unethical motives doesn’t mean their criticism is necessarily wrong), and concluded,

“Finally, there is the basic ethical issue of accountability. Prosecutors allowed Epstein’s lawyers to talk them into a ridiculously lenient plea deal with minimal prison time for a privileged criminal and sexual predator with endless resources and a high likelihood of recidivism. It was completely predictable that he would continue to harm women after his release, and the new charges against Epstein show that he did exactly as expected.It is appropriate that someone’s head roll for this, and Acosta’s is the logical choice.”

Glenn responded that this sounded more “like scapegoating than accountability.” “’Somebody must pay,’ he said, “is not convincing to me.” Hence my search of the Ethics Alarms archive. This is a topic of long-standing interest for me, in great part due to my military-minded father.

I also recently watched the Netflix series “Bad Blood,” about Montreal’s Mafia. The accountability of leadership is a recurring theme in that series:  we see the father of the future head of the powerful Rizzuto family telling his son as a boy that he is now responsible for caring for and cultivating several tomato plants. “If a plant produces good tomatoes,” the father explains, ” you will be rewarded. If a plant produces poor tomatoes, you will be punished.” Even if the reasons a plant fails to produce good tomatoes has nothing to do with the son’s efforts and were beyond his control, the father goes on to say, “I will still punish you. For that is the burden of leadership. When that for which a leader is responsible goes wrong, he must be accountable and pay the price whether it is his fault or not. Only then is he worthy of his followers trust.” Continue reading →

Ethics Observations On Three Recent Judicial Decisions

/ Jack Marshall / 25 Comments

)

I.

An appeals panel throws out the emoluments lawsuit filed by D.C., Maryland.

A three-judge panel of the US Court of Appeals for the 4th Circuit  held that the District of Columbia and Maryland lack standing to sue President Donald Trump over claims related to his hotel in Washington, D.C. The court  ordered a lower court to throw out the lawsuit with prejudice, meaning the lawsuit alleging violations of the Constitution’s emoluments clause could not be refiled.

Good.

The Emoluments Clause nonsense has been one of the more contrived “resistance” theories and this lawsuit was part of the organized plan of harassment against the President. Two Democratic jurisdictions filed this purely political suit as their contribution to the “resistance.”

“Even if government officials were patronizing the hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the president enjoined from receiving income from the hotel,” the 36-page opinion said. “The hotel would still be publicly associated with the president, would still bear his name and would still financially benefit members of his family….Neither [emoluments] clause expressly confers any rights on any person, nor does either clause specify any remedy for a violation.”

The unique conflicts of interest issues presented when a multinational business owner becomes President was never imagined by the Founders, and once Trump was elected it was too late to deal with the problem equitably. The Democrats and the news media, not to mention Trump’s Republican rivals for the nomination and the legal establishment—and commentators like me, all neglected their duty to raise the issue in a timely fashion, mostly because they never thought Trump would win. They are all at fault for their own mistake. At some point, however, the issue has to be examined fairly and non-politically, with rules emerging that do not make the Presidency unachievable by anyone who is not a professional politician.

II

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Unethical Quote Of The Week: An Ice Cream-Licking, Fame-Seeking Moron

/ Jack Marshall / 28 Comments

“All I wanted to do was be famous.”

—Accused ice-cream carton-licker, Lenise Lloyd Martin III, a 36-year-old unemployed man who has been arrested in Louisianan for making a video of himself licking a carton of ice cream in the Big B’s Supermarket in  Belle Rose.

“It’s a shame,” commented Matt Walters, who works at the store. “A grown man doing something like that.” Yes, that’s a shame, but a greater shame is a grown man thinking like that, and a culture that raises its children to believe that fame itself is an accomplishment, regardless of what one is famous for.

The internet and social media have spread this disease of ethics and the mind, but it began long before the web took over our lives. Andy Warhol’s prescient quote, “In the future, everyone will be world-famous for 15 minutes”, first appeared in the program for a 1968 exhibition of his work at the Moderna Museet in Stockholm, Sweden. We saw the hints of the cultural malady with the advent of television, as we saw ordinary Americans getting a thrill from acting like giddy fools behind announcers and TV journalists when they saw a TV camera.

This compulsion spawned such pop culture freaks as “Rocken Rollen” also known as Rainbow Man, who somehow managed to get himself and his rainbow-hued Afro on camera at dozens of live sporting events. At least he stayed in the stands; another example of the phenomenon was fans who ran out on the field mid-game hoping that a TV camera would capture their moment of “fame.”

Clearly, the culture is sending a toxic message to our youth. The movie and subsequent TV series “Fame,” following the travails of aspiring teenage performers, both pushed the false concept that being famous itself is an achievement:

Baby, look at me
And tell me what you see
You ain’t seen the best of me yet
Give me time
I’ll make you forget the rest
…
Don’t you know who I am
Remember my name!
Fame!
I’m gonna live forever
I’m gonna learn how to fly, high
I feel it comin’ together
People will see me and cry,
Fame!
I’m gonna make it to heaven
Light up the sky like a flame,
Fame!
I’m gonna live forever
Baby, remember my name
Remember, remember, remember, remember
Remember, remember, remember, remember…

Continue reading →

Morning Ethics Warm-Up, 7/9/2019: Then They Came For Mr Peanut…

/ Jack Marshall / 25 Comments

Good Morning!

1. From what cultural hell in America did this conduct ooze out of? A family got in a brawl in the middle of Disneyland, as on looking children screamed. See?

Nice.

The family was escorted out of the park, and criminal charges are being sought.

This entire family is so devoid of  functioning ethics alarms that it lacked the basic civilized instincts not to a) physically attack each other b) physically attack each other in public c) physically attack each other in a family venue that represents the opposite of what they were doing.

In some kind of record for inappropriate understatement, Disney said that  the company “does not condone this type of behavior.” That’s reassuring.

2. Congratulations to the U.S. Women’s Soccer Team, but its captain is still an asshole. I fully endorse—well, 95%— Washington Post columnist Mark Thiessen, who had this to say about Megan Rapinoe, the team captain who has been grandstanding her hatred for President Trump by refusing to respect the National Anthem abroad. He writes in part,

Rapinoe is not playing for the Trump administration; she is playing for the United States. It’s one thing for a professional athlete to protest the national anthem, but quite another for a member of Team USA to do it. Rapinoe is protesting the Stars and Stripes while wearing the Stars and Stripes. That’s not OK. Representing your country is a privilege, not a right. If she really feels she can’t show respect for the U.S. flag and anthem, then she shouldn’t wear the U.S. jersey. Here’s the worst part: What she’s doing is selfish. Her protest comes at a time when the U.S. women’s team has taken an important stand against gender discrimination. They are suing the U.S. Soccer Federation because, despite being more successful on the field than the men’s team, and bringing in more revenue, they are paid significantly less than the men. They have a point, and the World Cup is a chance to rally the country behind their cause. But instead of unifying Americans behind her team’s admirable fight for gender equity, Rapinoe is dividing Americans with her anthem protests. Untold numbers of Americans who might have been inspired to support the team’s cause have been alienated by its leader.

Thiessen is talking about cognitive dissonance here: he’s pointing out, correctly, that people are less like likely to rally with even a just cause when its advocates are assholes.

My 5% objection is that the women’s team will have a strong claim to equal pay when they prove that they can play soccer as well as the men’s team. Continue reading →