Sports

Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole

/ Jack Marshall / 13 Comments

Incredible.

I’ve never seen anything like it.

Gerrit Cole’s team, the Houston Astros, had just suffered a shocking defeat in the 2019 World Series at the hands of the underdog ( and significantly inferior) Washington Nationals. Cole had won the last Astros victory in Game 5 in impressive fashion, but his team returned home to Houston—where they had the best home record in baseball— to lose their third and fourth consecutive games in their  own stadium (they had never lost more than three straight all year) and  become the only team in World Series history to lose in seven games without winning a single home game.

The script for players on losing World Series teams is old and well-established. They say that they are proud of their team and team mates. They say that they wish the team could have won a championship for its fans, the best fans in the world. They say they are heartbroken, but that they salute the victors.  This isn’t hard.

But Gerrit Cole, after the final game of the 2019 World Series, appeared on TV wearing the cap of his agent’s company, and said, “I’m not an employee of the team.”  Continue reading →

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

/ Jack Marshall / 21 Comments

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading →

And Yet Another Evening Ethics Watch, 10/29/2019, Because Everything Has Been Upside Down At ProEthics Lately…

/ Jack Marshall / 8 Comments

Good evening again.

We’ll have to stop meeting like this.

1. Can’t make up my mind if I want there to be disastrous botched ball/strike call in Game 6 of the World Series or not. It will take one of those—a bad call that turns the game and eventually the World Series around to get MLB off its metaphorical butt and force it to establish an electronic pitch-calling system. Of course, it is worth noting that one of the most devastating wrong umpire calls in history stole a World Series away from the St. Louis Cardinals in 1985, and it took another 30 years for baseball to adopt an instant replay system that would have reversed it.

Don Denkinger was the first base umpire in Game 6 of the 1985 World Series in Kansas City.  The St. Louis Cardinals led the home team Royals by 3 games to 2, and tooka 1–0 lead in the 8th inning. In the bottom of the ninth, Jorge Orta, the leadoff batter for the Royals, hit a slow roller to Cards first baseman Jack Clark. Clark tossed the ball to his pitcher, Todd Worrell, who was covered first base. Orta was out by half a step, but Denkinger called Orta safe, even though television replays and photographs clearly showed that he was out by half a step. Orta eventually scored, allowing the Royals to go  on to win Game 6 by the score of 2–1.

Denkinger was the home plate umpire in the Series-deciding Game 7, apparently driving the angry Cardinals mad. Denkinger ultimately ejected both Herzog and pitcher Joaquín Andújar in the fifth inning, as the game deteriorated into Royals rout,  11–0 . Denkinger accepted that he had made a terrible call, but as was the ethics in baseball at the time, took the position that such mistakes were an unavoidable part of the game. In  aftermath of the 1985 World Series, Denkinger death threats, from Cardinals fans. Two St. Louis disc jockeys doxxed him, giving out the umpire’s telephone number and home address. He was a well-regarded umpire, who at 83 years of age will still sign photographs of “the Call” when asked.

I guess I don’t want to see another umpire suffer Denkinger’s  fate tonight. It is inevitable that there will be a bad call of a strike or ball that makes an umpire a lifelong pariah, unless baseball locks that barn door as soon as possible. Continue reading →

The Houston Astros May Be Trailing In The World Series, But With Assistant General Manager Brandon Taubman They Have A World Champion Ethics Dunce…[UPDATED]

/ Jack Marshall / 9 Comments

‘Why am I smiling! Because I love our closer! He’s got a great fastball, and a great left cross! Aw, lighten up!’

What an idiot.

What an ethically clueless idiot.

The prelude: Last season, the Houston Astros, now embroiled in a World Series with the underdog Washington Nationals, embarrassed themselves by violating the team’s own stated domestic abuse policy by trading for closer Roberto Osuna from the Toronto Blue Jays. The 23-year-old Osuna had just completed a 75-game suspension from MLB for allegedly beating up his wife. The Blue Jays had announced that he would not be a member of their team going forward, despite the fact that he was regarded as one of the best late-inning relievers in the game. Even though the Astros had previously announced a “no-tolerance” policy toward domestic abusers, the team enthusiastically proclaimed their acquisition of Osuna, saying, among other hypocritical  and self-contradictory blather, that the team was “confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind.” At the time, I partially translated the ridiculous double-talk thusly:

…In the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player whom Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.Thank you.”

The Astros are NOT the favorite team of feminists, #MeToo advocates, or anyone who does not appreciate the King’s Pass being given to men who slap women around.

The latest episode:  From Sports Illustrated: Continue reading →

Catch-Up Ethics Warm-Up, 10/22/2019: Updates, Word Policing, And The World Series

/ Jack Marshall / 27 Comments

Late start to the day…

…in part as a hangover from the lively Smithsonian Associates presentation on cross examination with my sister last night. The event was completely sold out, a first among my five Smithsonian programs, and it was an intense two hours, followed by lively questioning from some participants who stayed for nearly an hour to grill us.

1. Good ethics news follow-up: Marlon Anderson, the black security guard who was fired from Madison’s West High School last week for protesting being called “nigger” by  a student, thus triggering an unreasonable, brain-dead and indefensible “no-tolerance”  policy, is being reinstated.

Interim Superintendent Jane Belmore  rescinded the termination less than a week after Anderson was fired. The dismissal triggering intense criticism here and elsewhere, including a student walk-out.  One nice thing about incompetent bureaucracies is that their lazy, thoughtless, unethical actions seldom are accompanied by any real logic or conviction, so they will usually back down, following the path of least resistance.

Still, as Ethics Alarms has asked dozens of times, how can responsible parents trust educators whose judgment is so wretched?

I also want to note that most publications reporting on the story emulated the Wisconsin State Journal, which wrote, “A black security guard who was fired from Madison’s West High School last week for repeating a racial slur a student had hurled at him, in an attempt to correct the student, will get his job back.”

Gee, which racial slur? Isn’t the particular slur an essential part of this story? Was it “negro”? “Uncle Tom”? When is it ever competent journalism to withhold relevant information from readers? Is the theory that the mere word will upset some readers more than the tales of carnage the same publications include daily without censorship? Do we read stories that report, “Someone did something really terrible to 26 people in a church using a weapon of some kind”?

In this case, withholding the crucial word at issue supports the “logic” behind the no-tolerance policy that led to the whole fiasco.

2. In more news of progressive word-policing:  Massachusetts state Rep. Daniel Hunt—Guess what party he belongs to. Come on, guess!  Hey, you have a 50-50 chance of being right!—-has submitted a bill to the legislature that would criminalize use of the word “bitch.” There will be a hearing today on Beacon Hill. Of course the bill is unconstitutional, but why should we expect elected representatives to be able to figure that out?

Meanwhile, the Boston Herald, supposedly the city’s conservative paper (meaning it’s not as left-biased as the Boston Globe) didn’t dare publish the word, writing instead, “the B-word — the term for a female dog that is commonly used to slander women.”

Someone should  tell the Herald that calling a woman a “bitch,” no matter how unjustified, cannot possibly constitute slander. Continue reading →

Ethics Warm-Up, 10/15/2019: Farrow, James, Biden, And Another Diploma Bites The Dust…[CORRECTED]

/ Jack Marshall / 13 Comments

Great.

Now there’s a tidal wave of too many ethics stories and issues to cover…

…and more than ever, I feel that an impeachment information and analysis website is essential, a civic  obligation, and likley to foce me to live out of a cardboard box. I also need to get Mrs. Q’s featured column launched. Naturally, I leave on another ethics seminar road trip today.

If the Red Sox were in the post-season, I’d have to shoot myself…

1. The up-side of the NBA’s cowardly pandering to China and its suppression of basic human rights…we learned what a shallow hypocrite LeBron James is. Of course, many of us knew this when James did his grandstanding champion of social justice act and  extolled Colin Kaepernick’s useless and incoherent protest.  “I stand with anyone who believes in change,” the B-ball superstar said, as if that means something.  It was still enough to attract excessive praise from the sports media. Last week, however, as the Los Angeles Lakers  returned home from a week-long tour of China, James said,

“Yes, we do have freedom of speech.  But at times, there are ramifications for the negative that can happen when you’re not thinking about others, when you only think about yourself. I don’t want to get into a word or sentence feud with Daryl Morey, but I believe he wasn’t educated on the situation at hand, and he spoke.”

Morey, the Houston Rockets GM who tweeted support for the Hong Kong protesters resisting China’s iron boot, only lacked education on how venal and without principles his league was, including stars like James. Morey was “thinking of others”: he was thinking of the people of Hong Kong desperately trying to hold on to as much liberty as they can. No, he wasn’t thinking about James’s giant paycheck, which is clearly all LeBron cares about.

He can take solace in a victory in the NBA’s “It’s not the worst thing” sweepstakes. San Farncisco Warriors coach Steve Kerr, when asked if he’d ever been confronted about human rights abuses on earlier trips to China, Kerr replied, “No. Nor has (America’s) record of human rights abuses come up either… People in China didn’t ask me about, you know, people owning AR-15s and mowing each other down in a mall.”

That’s right, Steve, there is obvious moral equivalency between China’s 30-65 million mass murders and its current oppressive government, and the United States of America. Continue reading →

Comment Of The Day: “Saturday Ethics Warm-Up, 10/12/2019…” Item #2, Dan Hudson’s Paternity Leave

/ Jack Marshall / 14 Comments

“Wait, What??? YOU’RE SKIPPING THE GAME THAT WILL DECIDE THE PENNANT???”

In a post sparked by the the current National League Championship Series (boy, I hope I don’t have to add that the sport is baseball) I had written in part,

“The ethical thing would have been [for Washington Nationals relief pitcher Daniel Hudson, the team’s closer] to pass on the opportunity to take the game off. The Nationals major weakness is a terrible bullpen, and Hudson is one of the few reliable  relief pitchers on the team. As it happened, the Nats won a close game, but that’s just moral luck. They might have lost because of his absence. That loss might have cost the team its chance to go to the World Series. Millions of dollars would be lost to the franchise that pays Hudson seven figures to improve its fortunes. The careers, lives and family fortunes of his team mates would be affected; the jobs and income of hundreds of merchants and others who rely on the success or failure of the team would have been put at risk. How could anyone argue that the emotional support Hudson would lend his wife during childbirth outweighs all of that, or constitutes a superior ethical obligation?”

Who? Why reader Tim Hayes, that’s who, who not only argued thusly, but did so at a Comment of the Day level, and then responded to my subsequent challenges with equally excellent responses. This gave him the Ethics Alarms equivalent of a three home-run game, and I’m going honor him with the whole sequence.

Here is Ethics Alarms slugger Tim Hayes‘s three-dinger Comment of the Day, on Item #2 in “Saturday Ethics Warm-Up, 10/12/2019…” :

Counter-argument on the Hudson situation – For the Nationals to have placed themselves in a position where a single player taking advantage of a promised benefit at his job (the paternity leave) created a realistic chance of them losing the game (due to their lack of hiring sufficient healthy talent into their bullpen) is inherently unethical as an organization, because it creates a situation where all the groups you mentioned can be placed in dire straits by what happens to a single performer. Attaching the consequences for the team’s unethical staffing decision to Hudson’s personal behavior is unfair; The team did not choose to get him to negotiate away the benefit he invoked (which, for the appropriate compensation, they presumably could have), and was therefore at least aware of the possibility that something outside their control could sideline Hudson. That it was his wife giving birth, and not Hudson being hit by a self-driving car, which resulted in their not having access to him, was merely a result of luck (pregnancy and births being both notoriously difficult to plan, and the Nationals presence in the playoffs being, from the admittedly little I understand of baseball, something which was unexpected to say the least). Continue reading →

End Of Week Ethics Alarms, 10/11/2019: The Liberty Under Attack Edition

/ Jack Marshall / 39 Comments

Wait…

I’m looking forward to the weekend  even though I’ll be working throughout.

I’m obviously an idiot.

1. My Ethics Alarms doesn’t even “ping!” on this one.  KTVU, the Bay Area’s Fox affiliate, summarized the St. Louis Cardinals’ devastating win over the Braves in Game 5 of the National League Division Series with a chyron reading, “Braves Scalped.” The Horror! Exclaimed the always sensitive Yahoo! Sports, “That’s straight out of the yikes factory. Particularly given the conversation that’s surrounded the Braves recently. A Cardinals pitcher of Native American descent objected to the Braves’ infamous tomahawk chop and the team responded Wednesday by toning down its use of the chop. There’s not any good time to roll out a “scalped” headline, but this was a particularly bad one.” The headline to the story says the headline is “racist.”

OK, why? I want one good reason. If a team is going to call itself something other than “The Baseball Players,” which would be strikingly unoriginal, you have to admit, then metaphors and colorful language relating to that teams’ nickname are automatically appropriate. “Orioles’/Cardinals’/Bluejays’ Wings Clipped!”…”Red Sox/Whie Sox unravel!”…”Tigers/Cubs/ Declawed!”…”Nats Swatted!”…”Giants Dwarfed!”…  “Pirates Walk The Plank!”…”Diamondbacks Rattled!”…”Mariners Sink!” But “Braves (or Indians) Scalped!” is an outrage? The team lost 13-1! The Braves were down 10-0 after the first half-inning; it was an epic slaughter. I could u8nderstand the discomfort if Native Americans never scalped their adversaries, but they did. This isn’t some kind of historical slander. Let’s see…here’s some of a rather scholarly article on the subject of scalping…

…the languages of the eastern Indians contained many words to describe the scalp, the act of scalping, and the victim of scalping. A Catholic priest among the Hurons in 1623 learned that an onontsira was a war trophy consisting of “the skin of the head with its hair.” The five languages of the Iroquois were especially rich in words to describe the act …To the Mohawks and Oneidas, the scalp was onnonra ; the act of taking it, kannonrackwan . Their western brothers at Onondaga spoke of hononksera , a variation of the Huron word. And although they were recorded after initial contact with the Europeans, the vocabularies of the other Iroquois nations and of the Delaware, Algonquin, Malecite, Micmac, and Montagnais all contained words for scalp, scalping, and the scalped that are closely related to the native words for hair, head, skull, and skin. That these words were obviously not borrowed from European languages lends further support to the notion that they were native to America and deeply rooted in Indian life….paintings and drawings reinforce that image. The single most important picture in this regard is Theodore de Bry’s engraving of Le Moyne’s drawing of “How Outina’s Men Treated the Enemy Dead.” Based on Le Moyne’s observations in 1564-65, the 1591 engraving was the first pictorial representation of Indian scalping, one faithful to Le Moyne’s verbal description and to subsequent accounts from other regions of eastern America. The details—sharp reeds to extract the scalp, drying the green skin over a fire, displaying the trophies on long poles, and later celebrating the victory with established rituals by the sorcerer—lend authenticity to De Bry’s rendering and support to the argument for the Indian invention of scalping….[I]n the end, the American stereotype of scalping must stand as historical fact, whether we are comfortable with it or not.”

In summary, the word was obviously not meant literally to refer to a baseball game. Nor was the use of it was in no way libelous to real Native Americans. Yahoo’s pearl-clutching, and that of social media political correctness cops, is more offensive by far than the Fox chryon.

2.  As if you didn’t have to jump through too many hoops to fly already…In 2005, Congress passed the Real ID Act, which made the addition of a star to state IDs  and drivers licenses necessary to have access to nuclear power plants and federal facilities. Then some genius decided that access to airplanes should be added to the list. Continue reading →

Morning Ethics Warm-Up, 10/10/19: Omar, Warren, Clinton, And Urinals

/ Jack Marshall / 38 Comments

Good morning!

Yesterday I had completed a 3-hour Ethics CLE program for a distinguish national law firm’s D.C. office, aided by my sister, retired justice Dept. and HHS attorney Edith Marshall. (This time, her role was to lead the attendees in the chorus section of my legal ethics parody of “Trouble in River City” from “The Music Man.”) I knew that I should have gotten some posts done when I returned, but a) I was exhausted and b) there were two Game Five play-off games to watch. Sometimes, baseball comes first. Priorities! Congratulations to the St. Louis Cardinals for an upset win over the Braves, whose horrible fate of giving up ten runs in the first inning I wouldn’t even wish on the Yankees. Imagine knowing you have lost before your team even gets up to bat, and that you’re in front of the home team fans who will have to suffer through three hours of slow, inevitable humiliation. Ugh. The Braves lost with as much dignity as possible in such a hopeless situation. And congratulations to the resurgent Washington Nationals, who came back from a late  deficit to tie the game in the eighth, and then won on a grand slam in the tenth. They are now headed to the seven game play-off to determine who represents the NL in the World Series, the first time a Washington, D.C. team has been this close since 1933. D.C. really needed this.

1. Should it matter? Minnesota Fifth District Rep. Ilhan Omar, she of “The Squad” fame (or infamy)  has filed for divorce from husband Ahmed Hirsi, whom she only married last year, though he is the father of her three children. Omar’s petition for dissolution of her marriage has been posted online here. Our sole Somali Muslim House member previously was married to  Ahmed Nur Said Elmi, who appears to be her brother and whom she married to perpetrate a citizenship fraud in 2009. Omar legally dissolved that marriage in 2017. There appears to have been a period where she was married to both men. Omar has never given a straightforward explanation for her tangled domestic affairs.

Should any of this matter? These things really do constitute “personal, private conduct,” unlike the workplace misconduct that the enablers of Bill Clinton tried to defend by using that term. If Omar did perpetrate a fraud, however, or was married to two husbands, those are very relevant to her fitness to serve as a law-maker. Continue reading →

Ethics Heroes: “South Park” Creators Trey Parker And Matt Stone

/ Jack Marshall / 9 Comments

China’s right: that looks dangerous to me!

Unlike the National Basketball Association, satirists Parker and Stone know that their duties as Americans include representing American values to the world and standing by them even when threatened with negative consequences.

After “South Park’s” latest episode, which mocked China’s influence over Hollywood, the Chinese government banned the series. The Hollywood Reporter revealed that China removed all hints of”South Park” from its Internet, eliminating any social media references as well as episodes and clips from the streaming service Youku.

In response, the “South Park” creators issued a pointed satirical “apology” to China:

“Like the NBA, we welcome the Chinese censors into our homes and into our hearts. We too love money more than freedom and democracy. Xi doesn’t look like Winnie the Pooh at all. Tune into our 300th episode this Wednesday at 10! Long live the great Communist Party of China. May the autumn’s sorghum harvest be bountiful. We good now China?”

Perfect. Now watch the NBA condemn “South Park” as racist, or something.

_______________________________

Pointer: Phlinn

Facts: Fox News