Leadership

From The Law vs Ethics Files: The July 24, 1983 Pine Tar Incident, When Baseball Chose Ethics Over Law, And Was 100% Wrong

/ Jack Marshall / 25 Comments

I have written on this topic before, but this is the famous incident’s anniversary, and I have come to believe that the lesson learned from  the pine tar incident is increasingly the wrong one, and the consequences of this extend well beyond baseball.

On July 24, 1983, the Kansas City Royals were battling the New York Yankees at Yankee Stadium. With  two outs and a runner on first in the top of the ninth inning,  Royals third baseman George Brett hit a two-run home run off  Yankee closer  Goose Gossage to give his team a 5-4 lead.  Yankee manager Billy Martin, however, had been waiting like a spider for this moment.

Long ago, he had noticed that perennial batting champ Brett used a bat that had pine tar (used to allow a batter to grip the bat better) on the handle beyond what the rules allowed. MLB Rule 1.10(c) stated: “The bat handle, for not more than 18 inches from the end, may be covered or treated with any material or substance to improve the grip. Any such material or substance, which extends past the 18-inch limitation, shall cause the bat to be removed from the game.” At the time, such a hit was defined in the rules as an illegally batted ball, and the penalty for hitting “an illegally batted ball” was that the batter was to be declared out, under the explicit terms of the then-existing provisions of Rule 6.06.

That made Brett’s bat illegal, and any hit made using the bat an out. But Billy Martin didn’t want the bat to cause just any out. He had waited for a hit that would make the difference between victory or defeat for his team, and finally, at long last, this was it. Martin came out of the dugout carrying a rule book, and arguing that the home run shouldn’t count.  After examining the rules and the bat, home-plate umpire Tim McLelland ruled that Brett used indeed used excessive pine tar and called him out, overturning the home run and ending the game.

Brett’s resulting charge from the dugout (above) is video for the ages. Continue reading →

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →

Bravo! Professor Turley And Sir Thomas More On The Disgraceful, Dangerous, And Deranged Professionals Of “The Resistance”

/ Jack Marshall / 2 Comments

Law professor/blogger Jonathan Turley’s latest essay, “Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps” had me at “Roper,” Turley’s direct reference to the most often posted movie clip on Ethics Alarms,* the scene above from “A Man For All Seasons.”  Turley applies the scene correctly, too, to the depressingly large mob of previously respectable and responsible lawyers, elected officials, scholars, academics, journalists and pundits who have betrayed their professions’ values and ethics to falsely tell a gullible public that the President and members of his family, campaign and administration have committed treason, espionage, conspiracy, election fraud and obstruction of justice when such accusations are not supported by law or precedent, evidence, facts or common sense. These accusations are, rather, the product of unreasoning fury and bias sparked by Donald Trump’s election as President.

Some of the individuals Turley names, like Senator Tim Kaine, Hillary’s running mate, may be just spewing political bile out of a lack of integrity. Kaine is a former prosecutor and should know better. Some, like Cornell Law School Vice Dean Jens David Ohlin, may be examples of bias making smart people stupid. MSNBC legal analyst Paul Butler, who claimed Trump was “conspiring with the U.S.’ sworn enemy to take over and subvert our democracy,” and who declared it is now “clear” that “what Donald Trump Jr. is alleged to have done is a federal crime” are, sadly, typical of how the unethical and dishonest the news media now behaves much of the time. As for my fellow legal ethicist Richard Painter, also fingered by Turley, I’m convinced from his increasingly extreme and hysterical anti-Trump analyses  that he has been driven to the edge of madness by Trump’s election. He’s not the only one.

Turley also points to former Watergate assistant special prosecutor Nick Akerman, who is just plain wrong. One cannot claim, as Ackerman does, that there is “a clear case that Donald Trump Jr. has met all the elements” of a violation of the election laws when, as Turley points out, no court has ever reached such a conclusion. That is prima facie evidence that there is no clear case.

Echoing More, Turley writes, Continue reading →

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

Yeah? What’s so “good” about it? HUH? Well?

1. In an article/discussion about the impact of George Romero, the zombie genre creator who died last week, New York Times film critic A.O. Scott said, and I’m not making this up,

A few years ago, when I did a Critics’ Pick video on [Romero’s “Night of the living Dead,”], I hinted that [the film’s African-American hero’s]death could be read as a prophecy of Barack Obama’s presidency: A calm and competent African-American saves the white people from their own rashness and stupidity (as well as from zombies) and is destroyed. Now, of course, the prophecy seems all the more chilling. The casual, unapologetic and ultimately self-destructive violence of white supremacy is the true and enduring horror of American life.

Wait…What?

This insulting, counter-factual, absolutely crackers statement may be an opinion, but it is so stunningly biased and warped that it should have set off ethics alarms at the Times, if any exist. If the film critic could say this in print, he says it among his colleagues. If he has said it among his colleagues and no editor, pundit or colleague has grabbed him by the lapels and said, “What the hell are you talking about, man? You better keep that crap to yourself, because it embarrasses the paper. Better yet, I think you need a vacation!”, then this strongly suggests that almost everyone at the Times is marinating in a crippling fantasy culture that makes independent, objective, trustworthy reporting and punditry impossible.

A.O.’s statement self-destructs at “calm.” Obama “saved” nobody; in fact, he either deliberately or incompetently degraded the one area of our society he was elected to improve: racial harmony and respect. How does a black character’s death (the movie’s hero is shot by authorities who assume he is a zombie) “prophecy” the fate of Barack Obama, elected President twice, cheered upon his leaving office, and immediately rewarded with historical revisionism, obscene speaking fees and a book contract? [I hate to cavil, but it really needs to be pointed out that the Duane Jones character in “Night of the Living Dead,” far from saving the white characters, gets them eaten and zombified by adamantly rejecting one obnoxious white man’s insistence that they should all just lock themselves in the basement. After all those white people the Obama-like hero  “saved” according to A.O. are ambulatory brain-eaters, he survives the zombie onslaught—by locking himself in the basement! I suppose this “prophesied” leading from behind.]

The critic’s statement is thinly veiled anti-white racism, bubbling up from the concentrated anger and Trump hysteria at the Times. White supremacy. Sure, A.O. I won’t be reading any of your reviews anymore, nor your fellow critic Jason Zinoman, who either agrees with your fanciful and hateful assessment, or didn’t have the integrity to tell you that you are paranoid and nuts on the record. Either way, he is also a fool. I don’t care what either of you think about movies, since you view them through bullshit colored  glasses.

2. I have three times now prepared to write a post about what I now call Anti-Trump porn at the Times, highlighted every week by the Sunday Times “Review Section.” Last Sunday was another one. This section’s obsession is stunning: the section is loaded with unrestrained Trump hate, ad hominem insults and hysteria and  from every perspective. I would think other Times readers would be bored, not to mention alarmed, by this monotonous vive and broadcast of bias (An unbiased newspaper would not allow one topic and one point of view to monopolize its weekly commentary section), but apparently the Times readership is insatiable.

The res ipsa loquitur feature this time was an editorial cartoon by Art Spiegelman, who is a brilliant cartoonist when at his best. Like most cartoonists of a political bent, he is all ideology and advocacy, and pretty much devoid of respect for facts and balance. Here was his comment after November 8:

“I see something similar to Hitler in that it’s gone very fast to things that seem surreal to me, like Trump supporters shooting four civilians at a polling place in California – one of them died. And there’s the slide towards uncivility, from what I read on the internet. For the first time I got to see my name with three parentheses signs around it. I don’t think it was a secret that I’m Jewish, but they were making sure that the alt-right people would know that I was Jewish. That’s just something I saw a couple of days ago. ‘Oh, I see. OK, it’s a new day.’ And at this point we don’t care about refugees’ lives. They’re not white lives. So yeah, sure, I’m worried.”

Shut up and draw, Art. Trump supporters did not shoot four civilians at a polling place in California. Middle East refugees are white. And Art must not check the internet very often, if he judges any single  excess or outrage as proof of anything. His was a statement of pure intellectual laziness, bias, bigotry and hysteria—but never mind, political cartoonists don’t have to be fair, accurate or responsible. They just have to communicate what a biased paper’s editors know even its own biased pundits couldn’t get away with, and have the defense that “it was just supposed to be funny!”  Thus here was the Spiegelman cartoon featured on page two of the Times’ Review section last Sunday: Continue reading →

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading →

Morning Ethics Warm-Up: 7/17/17 [UPDATED]

/ Jack Marshall / 80 Comments

Good morning, everyone!

1. President Trump is upset about an ABC-Washington Post poll that among other things indicates that 70% of those polled believe that he has acted “un-Presidential” since being elected. Several analysts have suggested that pollsters have slanted their polling pools toward Democrats (remember the election?), but my question regarding this poll is, “What the hell is the matter with the other 30%?”

How in the world could anyone conscious argue that Trump is “Presidential,” other than on the rather technical basis that since he’s President, what he does is by definition Presidential? It would be mighty nice if an aide, a Cabinet member, a daughter, a White House chef or someone would explain this to him, but I’m convinced: he doesn’t get it, he won’t get it, and what weve  seen is what we’ll continue to get.

2. ALERT! The forgoing was written after I was fooled by a fake news site, aided and abetted by Instapundit, which either was also fooled or linked to the site as its own joke.  Thanks to reader Tom Adams for being  more alert than I was and quickly flagging this.

And by the way, screw them. I’m taking off the link, and I will probably give the site an Unethical Website designation. The only hint that the site is a hoax site is the other stories (“GOP Adopts Christie’s Sad, Bewildered Face As New Party Mascot”), but I read dozens of stories every day, and if i stopped to check all the other boxed and highlighted pieces I would never have time to do my job. There is nothing on the home page designating the site as satirical. Unethical.

I apologize to anyone I led astray. Somebody alert Instapundit. I’m not speaking to it.  Here was the original post…

That said and mournfully accepted, he won, he’s President, and the fevered efforts to somehow turn back time (I would not be surprised to see a new Bon Jovi Direct TV ad on the subject)  by “the resistance,” the Democrats and the news media are profoundly anti-democratic. This is what Jake Tapper was alluding last week with his tongue stuck so firmly in his cheek that it almost broke through his face. “The conspiracy goes much deeper than anyone expected,” Jake Tapper said on his news segment “The Lead.” “We’re talking tens of millions of people involved in this secret plot to make sure Hillary didn’t make it into the White House and to prop up Donald Trump as the winner….It’s far more sinister than we thought.”

Yes, some conservative websites and others took Tapper’s pointed gag seriously. This tells us…

…how little trust CNN has left with many Americans..

…how dumb a lot of conservatives are…

…why broadcast news hosts and reporters, even fair and clever ones like Tapper, should avoid sarcasm, satire, or facetious statements, and stick to the facts.

…Jake Tapper should get away from CNN before its toxic culture ruins his reputation. Continue reading →

The Unexposed Ethics Outrage On The Edges Of The Trump Jr. Meeting Controversy

/ Jack Marshall / 28 Comments

The Sergei Magnitsky Rule of Law Accountability Act  allows the U.S. President to impose visa sanctions and asset freezes on human rights abusers who kill, torture or violate the rights of human rights defenders, as well as government officials responsible for acts of significant corruption. The law and its various amendments that expanded its reach are at the heart of the sanctions currently being enforced against Russia. It was this law, and Russian efforts to blunt its force, that apparently was the real reason that Donald Trump Jr. was induced to meet with an indefinite number of Russians, Russian-Americans, and various individuals “connected” to the Russian government, the list of which is currently expanding like the roster of women allegedly raped by Bill Cosby.

The news media doesn’t seem to feel the Magnitsky Act is anything the public needs to know, perhaps because Donnie Jr. didn’t know much about it, if anything. The stories about his aborted meeting typically mention the Act briefly and without elaboration. They really don’t elaborate on Putin’s retaliation for the Act, which was to stop U.S. adoptions of Russian orphans. (I wrote about this indefensible conduct by Russia at the time, in 2012. The post had a grand total of eight comments. Five years was too long to wait for an update, and I’m sorry. Of course, we are supposed to have responsible and competent professional journalists to keep us informed. )Russia had been one of the primary sources of foreign adoptions by childless U.S. parents before 2012, when the Russian strong man retaliated against loving U.S. parents to show his annoyance with our government and his support of corruption at home.

It’s worse than that, though. The real victims of Putin’s retaliation are his nation’s own, innocent, most vulnerable children. There is virtually no domestic adoption in Russia, because parents can’t afford the children the have. There are lots of orphans though, because parents can give up infants they can’t care for, and the government is quick to remove children it believes are abused or neglected. Unfortunately, once these children are warehoused, there is no way out. The orphanages are underfunded and over-crowded. Once the children “age out,” they are sent to live in hospitals, clinics and other Russian institutions ill-equipped to care for them, and eventually dumped out into the street, where they often are abused or turn to crime. Continue reading →

Morning Ethics Warm-Up: 7/14/17

/ Jack Marshall / 55 Comments

Good morning!

1. It is a matter of constant fascination to me how all of President Trump’s personal lawyers appear to be flaming jerks, whatever their legal skills may be. Here’s an example from this week: Marc Kasowitz, President Trump’s personal attorney on the Russia conspiracy theory investigation, was contacted by a stranger, a retired public relations professional, who had read ProPublica’s unflattering story on Kasowitz. He sent the lawyer an email with the subject line: “Resign Now.’’

Kasowitz used the 30 minutes between 9:30 p.m. and 10 p.m. to bombard the man with threats and epithets, writing such dignified  messages as,

“I’m on you now.  You are fucking with me now Let’s see who you are Watch your back , bitch/”

“Call me.  Don’t be afraid, you piece of shit.  Stand up.  If you don’t call, you’re just afraid.” 

“I already know where you live, I’m on you.  You might as well call me. You will see me. I promise.  Bro.”

Nice.

This isn’t a legal ethics violation, though it almost certainly would be if Kasowitz were addressing an opposing counsel in such a manner. It’s just generally unethical as outrageous, inexcusable, gratuitous incivility, reflecting poorly on him, his profession and his client. A client who was minimally concerned about ethics would fire him.

2. Speaking of a minimal concern for ethics, Trump’s defense of his son’s dumb but legal meeting with the Russian lawyer promising dirt on Hillary included the statement that “most people would have taken that meeting.” Once again, we have evidence that Donald Trump literally doesn’t know what ethics is. Oh, his rationalizations are the same ones the average ethically-retarded citizen uses—this is why he is President. They are still rationalizations. Yes, Mr. President, and most people would accept extra money from an ATM and not tell the bank about it. And most people lie to get out of trouble. And most people do all sorts of unethical things, which doesn’t make them ethical, responsible or appropriate.

He is the President, though, and this is how we will inevitably become a nation of assholes. 

3.  And speaking of assholes, there is Nancy Pelosi. Because a female journalist was blocked from access to the House of Representative by a Sergeant of Arms who properly pointed out that she was wearing a sleeveless dress, always forbidden according to Congress’s dress code, we were suddenly subjected to the false narrative that those mean, sexist Republicans were abusing women again, as well as being typically antediluvian in their ideas about propriety. (Men can’t go sleeveless either, but never mind.) Paul Ryan was the target here, as the Speaker is officially charged with enforcing such rules. The narrative was not really about the dress code, but just part of the over-all “Get Republicans” news media strategy to make the party as unpopular as possible. Yesterday Paul Ryan plausibly said that he wasn’t aware of the rule in question, and was happy to amend it. Then Nancy Pelosi piled on, tweeting, “Glad to see [Speaker Ryan] is updating the dress code for the House Floor. These unwritten rules are in desperate need of updates.”

Pelosi was Speaker for four years, her tenure ending just six years ago. The same rule Ryan is being attacked for was in place during her entire tenure. Why didn’t she fix it herself, dedicated feminist that she is? Her tweet is such obvious hypocrisy that it calls attention to the double standards employed by Democrats, the news media and women. Pelosi could have cheered the change without appearing to duck her own responsibility for their continuation. Instead, she acted as if she was an innocent bystander.

Nancy Pelosi is a major reason the Democratic Party has become a party of assholes. Who but an asshole would tolerate a national leader like this as the face of his or her party in Congress? Are Democrats proud of this woman? Do they endorse her tactics and rhetoric? We have to assume so, don’t we? Continue reading →

Morning Ethics Warm-Up: 7/12/17

/ Jack Marshall / 73 Comments

Good Morning, everyone…

1. “Morning Joe” Scarborough went on “The Late Show With Stephen Colbert”-–where President Trump is officially referred to as Putin’s “cockholster”—and played to the anti-Trump audience by announcing that he was leaving the Republican Party as cheers rang out in Colbert’s echo chamber. More blatant pandering virtue-signaling and grandstanding would be hard to imagine.

Scarborough has followed up his short, undistinguished  career as a conservative GOP congressman by playing on-air conservative foil to his supposedly opposite-minded  co-host Mika Brzezinski on MSNBC while that network attacked Republicans on every show and all day long. In really, we have learned, he and Mika were sufficiently sympatico to be having a romantic affair while posing as journalists, meaning that the whole format was an act as well as an extended date. Scarborough was also complicit in helping Trump to the nomination of Joe’s alleged party by promoting him until he had nabbed the nomination. Once the Miracle of November 8, 2017 occurred, Joe made the obligatory U-Turn.

Never mind: I don’t care how Scarborough or anyone else registers; what matters is if they have the integrity to vote for the best candidate whatever party he or she represents. I do care that Scarborough used the smear that President Trump is a racist, and expressing to Colbert his disgust that GOP lawmakers, he claims, have refused to admonish Trump’s “racist” statements and election promises.  This is another sloppy chunk of the anti-Trump false narrative, and by resorting to it, Joe proves, not that he isn’t a Republican, but that he is a race-baiting character assassin.The evidence that the President is racist is elusive, but the smear is repeated among the resistance as truth so frequently that it has reached Big Lie status.

2. In February, the left-biased, Trump-reviling Huffington Post purported to list “16 Examples” of Trump “being a racist.” The whole campaign, his whole career,, with Democratic groups and activists repeating the slur for months, and this was what they could scrape up. (Spoiler: it’s pathetic…) Continue reading →

Case Study: When You See Racism Where There Is None, I Really Don’t Care What Else You Say Is Racist

/ Jack Marshall / 47 Comments

I’m shocked, shocked that this embarrassing and ridiculous episode emanated from a Black Lives Matter leader!

Deray McKesson, one of the most visible and vocal  leaders of the Black Lives Matter movement, announced on Twitter that he was personally offended by the costuming  in the new “War for Planet of the Apes” movie. Some of the conquering apes were wearing vests like the one he always wears! Obviously the film was making a racist statement about Deray McKesson! Why, this was like the Donald Trump clone being assassinated in “Julius Ceasar”! The activist tweeted,

He really did. Here is a movement that has sparked violence, divided college campuses, prompted attacks on police, caused deaths and NFL grandstanding, and one of the key individuals at the center of it is so conditioned to see racism behind every shadow, cloud and wisp of breeze that he thinks a science fiction movie is targeting him personally.

(Psst! Deray! The movie isn’t insulting you, because most people don’t know who you are, and as your conduct here demonstrates, have no reason to , because you are a silly, divisive, racist and race-obsessed narcissist with an outlandishly inflated view of your own importance.) Continue reading →