Leadership

Final Verdict: The Unethical Media Persecution of Herman Cain, and Five Questions for His Critics

/ Jack Marshall / 11 Comments

The media’s relentless coverage of the non-story of Herman Cain’s alleged sexual harassment 15 years ago continues in defiance of all previous standards of journalistic ethics, fairness and decency.It is a disgusting spectacle, yet the number of individuals, including many of my peers, friends and colleagues, who continue to manufacture ways to blame Cain himself for his outrageous treatment continues to grow.  It is almost a full week since Politico published its fact-free hit job, and still there is nothing substantive that would allow anyone to determine with certainty or even probability that Herman Cain did anything other than spark  opportunistic accusations from female employees seeking a swift pay-off. Astoundingly, people who readily assume that Cain was guilty of wrongdoing based on their undefined claims and resulting cash settlements pronounce themselves “shocked” at the Cain’s defenders’ suggestion that the women themselves had no basis for their accusations. Yet that suggestion is at least as supported by the facts, or lack of same, as the conclusion that Cain did anything wrong.

Anonymous sources have been cited as damning accusers without any information whatsoever regarding the nature of the inappropriate conduct Cain was accused of, without any objective determination regarding whether such conduct actually occurred or, if it did, whether it constituted sexual harassment.

Worst of all, and this has been true throughout the episode (which I regard as a journalism scandal rather than a political one), the news stories and news commentary about Herman Cain’s alleged sexual harassment have almost totally neglected to make it clear to readers what sexual harassment is. The story has been repeatedly referred to as a “sex scandal,” which is wrong and misleading: there is no sex in the form of sexual harassment at issue. The so-called charges (there are no charges at this point) are repeatedly being called “serious,” suggesting Cain did something genuinely substantial and wrong, when that is completely unknown. A lot of conduct that can be used to support sexual harassment allegations may be neither intentional nor objectively harmful in any way. The average member of the public who does not deal with the term sexual harassment as a legal term presumes that it always involves so-called “quid pro quo” sexual harassment: a superior’s solicitation of sexual intercourse or other sexual conduct from a subordinate, using threats, direct or implicit, to make the subordinate comply.

This is Bill Clinton-style sexual harassment, which the public heard enough about during the Paula Jones matter to imprint it indelibly on its mind. It is also the kind of sexual harassment usually on display in “Mad Men” and in other fictional venues. The news media knows this, or should know it, so it has an obligation to make clear that this is not what the two women who filed complaints with the National Restaurant Association  alleged, whatever it was that they alleged. This should be done as a necessary component off every single story and piece of commentary about the matter, because to do otherwise is affirmatively misleading.

Cain’s mysterious, undefined, unproven and never-described sexual harassment was what is called “hostile work environment” sexual harassment. Among the conduct that have been held in particular circumstances to constitute “hostile work environment” sexual harassment are using words of endearment or compliments of a physical nature that an employee considers inappropriate, a repeated request to get together socially that an employee considers unwelcome, jokes, songs, non-sexual touching (such as putting a hand on a woman’s shoulder), e-mails including jokes, stories or photos of a sexual or risqué nature, insults with sexual associations, such as “bitch” or “whore,” looks that an individual perceives as leering or uncomfortably intense, an individual repeatedly looking at a woman’s breast, legs or derriere…or an executive encouraging or permitting any of this conduct to occur repeatedly by other employees or, in the case of an association, members or customers. As far as sexual harassment law is concerned, it doesn’t matter whether the offender intended any of this to be disruptive or not, or whether more than one member of the extended staff finds it so.

Is this what the news reports and commentary about Cain’s phantom harassment charges have clearly suggested he was guilty of fifteen years ago? Absolutely not.

I challenge those supposedly fair and unbiased critics of Cain now arguing, in classic Big Lie fashion, that it is his reaction to the misleading and vague allegations that now condemn him, to answer these five questions: Continue reading →

Incompetent Elected Official of the Week: Maryland State Senator Ulysses Currie

/ Jack Marshall / 4 Comments

"I am not a crook!" ---Richard Nixon; "I am not a crook, I am an idiot!"----Ulysses Currie

Blatantly incompetent elected officials stand as indictments of the ethics of more than the officials themselves. The fact that they are in high office reflects poorly on the political parties that support them, the voters who elect them, and the democratic system itself. It is difficult to imagine a more vivid example of this than: Maryland State Senator Ulysses Currie (D), currently standing trial on federal corruption charges. Continue reading →

The Washington Redskins and the Nepotism Trap

/ Jack Marshall / 3 Comments

Bobby Kennedy was lucky. Kyle Shanahan isn't.

No leadership error embodies the appearance of impropriety more completely than nepotism, and, for good measure, it also creates an inherent conflict of interest and undermines fairness and integrity. Yet people continue to argue that it is not inherently unethical, and leaders and managers in all fields continue to walk into the nepotism trap. The fact that it doesn’t always snap shut is not an argument in its favor, for this is just moral luck; letting your kid play with matches in bed won’t necessarily burn the house down or kill him, but it’s still irresponsible.

Washington Redskins fans now have a painful lesson in nepotism’s drawbacks to guide their own decisions. As has been a routine event about now in the pro football season since hapless owner Dan Snyder became responsible for the team’s personnel, the Redskins season is imploding, and the head coach is on the griddle. This season that coach is Mike Shanahan, and the problem is his offense. The Skins were shut out Sunday, 23-0, and appear to have no quarterback, no offensive line, and no clue.

The team’s offensive coordinator? Kyle Shanahan, the head coach’s son. Now what? Continue reading →

Do the right thing? Naaaa.

/ Jack Marshall / 38 Comments

Business executives regard this as a gross and unfair exaggeration. It's time for them to prove it.

Nabors Industries Ltd. (NBR), the world’s largest oil-drilling companies, will pay outgoing CEO Gene Isenberg $100 million in cash as a result of provisions in Isenberg’s employment agreement. Isenberg is 81, and has led Nabors since 1987.

Jeff Dietert, an analyst at Simmons & Co., an energy investment bank in Houston, wrote his clients yesterday that “We believe the compensation to Mr. Isenberg is excessive,” noting that handing over $100 million payment “for what we view as essentially retiring will be offensive to some.”

May be excessive? Offensive to some?

Here’s what I would hope would be going through Mr. Isenberg’s mind about now: Continue reading →

Scary Ethics Theater: The Strange Case of the Freedom of DISinformation Act!

/ Jack Marshall / 16 Comments

"It's Halloween! What better time for a good ETHICS SCARE in ERIC HOLDER'S JUSTICE DEPARTMENT!!! Come along, children! Don't be afraid!"

Welcome, visitors, to SCARY Ethics Theater on this All Hallow’s Eve!

Tonight we ask the scary question, “When is it ethical to be unethical?“  For the chilling answer, we must enter the mysterious lair of Eric Holder’s Justice Department!!! Bwahahahahahahaha!!!

Come inside! Don’t be frightened!

The Holder-Obama Justice Department has proposed a regulation that would allow federal law enforcement agencies to tell people seeking information under the Freedom of Information Act that the government has no records on a certain subject, when it really does. That is, the regulation will officially sanction legal lying in response to FOIA requests by citizens. Continue reading →

Herman Cain, the News Media’s New Sarah Palin

/ Jack Marshall / 9 Comments

Calling Herman Cain an Oreo and an Uncle Tom is bad, but comparing him to Sanjaya? Is there no limit to media cruelty?

At least when the media and pundits decided to suspend basic principles of fairness and decency to attack Sarah Palin for the unforgivable crime of being an outspoken conservative woman (even before she had a chance to show she deserved to be attacked for other reasons), she had been nominated for Vice President. Business executive Herman Cain, a similarly reviled aberration from the expected norm as a black Republican, is now getting equally unconscionable journalistic treatment just for getting decent poll numbers.

I will move past the race-based attacks from columnists and the MSNBC hit squad that have explicitly referred to him as an Oreo, an Uncle Tom, a black man who “knows his place,”  “the GOP’s token,” and “the Sanjaya of the Republican field,” as well as the many demeaning references to him as a “joke candidate,” and go right to this weekend, when the Palin standard was on bright display.

Here is part of the interview of Cain on “Face the Nation,” after host Bob Scheiffer showed Cain’s bizarre web ad, which ends with his campaign manager taking a puff on a cigarette:

Continue reading →

Incompetent Elected Official of the Week: Texas State Board of Education Member Ken Mercer

/ Jack Marshall / 6 Comments

The Future: Mercer High School Graduating Class, 2021

I think we should be able to agree on this: someone who is elected to a state school board should not be a) criminally ignorant and b) an idiot. Yes, I know that no one elected to any public office should be either of these things, but there is something especially offensive about the educational policy in a state being made by people who by all available evidence are either uneducated themselves or uneducable.

This naturally raises the matter of Texas State Board of Education member Ken Mercer (R-San Antonio). You think I am being too harsh on Mr. Mercer? Consider this statement on the topic of evolution, which Mr. Mercer considers a laughable myth: Continue reading →

Ethics Quote of the Week: Charles Krauthammer

/ Jack Marshall / 6 Comments

Let's see...nope! Still too good for Gaddafi!

“Under the normal rule of law, truth is only a means for achieving justice, not an end in itself. The real end is determining guilt and assigning punishment. But in war and revolution one cannot have everything. Justice might threaten peace. Therefore peace trumps full justice. Gaddafi could have had such a peace-over-justice compromise. He chose instead to fight to the death. He got what he chose. That fateful decision to fight — and kill — is the prism through which to judge the cruel treatment Gaddafi received in his last hours. It is his refusal to forgo those final crimes, those final shellings of civilians, those final executions of prisoners that justifies his rotten death.”

—- Charles Krauthammer, revered conservative columnist and pundit, in his column rebutting the complaints of human rights activists regarding the rebel execution that took Moammar Gaddafi’s life.

Krauthammer is right, and he is wrong. He is right that no one should feel any pity for Gaddafi, a brutal and inhuman despot who had it entirely within his own power to both save his own life and refrain from killing even more of his countrymen than he had killed already. He is wrong that Gaddafi’s crimes and cruelty suspend civilization’s principles of justice and ethics. Continue reading →

The Rick Perry-Birther Flap: An Addendum

/ Jack Marshall / 16 Comments

I’ll make this uncharacteristically brief.

I wrote, and believe, that media reports that Rick Perry had expressed Birther sentiments were unfair and misrepresented his words. That was correct. In interviews since that post was composed, Perry has suggested that it is fun to tease the President about the dispute over his place of birth and citizenship, and “keep it alive.”

No, it isn’t. It is unfair, disrespectful and wrong. There is no teasing that is appropriate when the subtext is a challenge to a President’s legitimacy. Perry needs to cut it out, though it is too late in one respect: his words indelibly mark him as a jerk.

Let me also say that I am not especially sympathetic to Democratic indignation regarding teasing over a president’s legitimacy. This is exactly what the entire party did for every second of President Bush’s tenure, suggesting that the 2000 election was “stolen,’ thus rendering his tenure illegitimate. This exploited the vast majority of the public’s ignorance about the Electoral College, and also involved impugning the integrity of the U.S. Supreme Court, doing far more damage to the nation than the idiot Birthers on their best day.

That does not excuse Perry, of course. Every additional word he says to keep the Birther issue in the public eye is another reason—and there are already plenty—to keep him in Texas.

When Telling The Truth Is An Outrage

/ Jack Marshall / 54 Comments

"Imagine, Jay...the Republicans want to defeat me!"

President Obama visited the Tonight Show last night, and Jay Leno, as is traditional and proper on such occasions, sucked up to him with gusto. In one exchange, the President and Jay tut-tutted about Sen. Mitch McConnell’s infamous statement that the Republican Party’s objective would be to make Obama a one-term president. “How is that a goal?” Jay asked.

Is he serious? Well, okay, I know he’s a comedian and all, so maybe he’s not serious, but all the pundits and journalists and Democrats who have been squealing to the skies for two years about how McConnell’s remark proves that his party is unpatriotic, evil or racist are presumably serious, and it is disingenuous. Continue reading →