Morning Ethics Warm-Up, 1/4/2018: A Frivolous Lawsuit, An Unscripted Actress, A Lesson In Assuming, And Fake News

Good Morning!

1 On feminist integrity. The reader poll on the post about the interesting silence of US women’s rights organizations and their component feminists as their Iranian sisters protest oppression in Iran has already had more participation that the last four Ethics Alarms polls combined. Why is that? In more news related to that post, some determined spinners here claimed that the feminists have been burning up the blogs and websites with supportive essays and blog posts, so the radio silence is a myth. No, THAT was a myth: there is nothing on those sites, or if there is, it didn’t surface when I checked Ms., Jezebel, NOW and four prominent blogs. (Update: Reader Humble Talent has checked two more. Also nothing.)

Please don’t make up stuff or assume facts you haven’t checked when you don’t want to accept reality, friends. It’s not fair, and it’s not ethical debating practice. Because I trust and respect the commenter in question, I just assumed she was right, because I assumed she had checked. No, it appears she had assumed, and was not right.  And you know what Felix Unger proved happens when you assume..

2. This is why they give actors scripts. I enjoy actress Meryl Streep as an artist, but for me she is fast entering Alec Baldwin territory, a performer whose personal character deficits are becoming so overpowering that even her undeniable talent can’t make watching the performer on screen endurable. Streep is in a deep hole she keeps digging. Being a Harvey Weinstein acolyte and beneficiary for years (and a Roman Polanski apologist), she is denying culpability as an enabler of his serial sexual predation because, she says, she didn’t know. Almost nobody finds her denial credible. Yesterday the Times published a joint interview with Streep and her “The Post” co-star, Tom Hanks. Told by the interviewer that in light of the doubts about what she knew, the public wants to hear more from her, she responded,

“I don’t want to hear about the silence of me. I want to hear about the silence of Melania Trump. I want to hear from her. She has so much that’s valuable to say. And so does Ivanka. I want her to speak now.”

Streep locks up the 2018 Whataboutism of the Year title with that one, along with adding a ridiculous sentence into my personal collection of statements that deserve note because they had never been said before in the history of the English language. I started my collection decades ago at a family Thanksgiving dinner, when my sister said, “You know, the fish looks so good, I think I’ll wear my bra on my head.” And a collection was born.

“I don’t want to hear about the silence of me” has an elegant simplicity about it. In addition to being a strange sentiment, Streep also misses the whole concept of an interview—surprising, since she has done so many of them. See, Meryl, these questions are about what the public wants to hear about, not what you want to hear about. Was that really unclear to you until now? This was not an open invitation to announce all the things you’d like to hear about that have absolutely nothing to do with Harvey Weinstein. This is “Look! Squirrel!” carried to a demented extreme. Streep revealed herself as seriously Trump Deranged, as she thinks that the way out of every personal crisis is to declare, “But what about TRUMP????”

Looks like I won’t be watching “The River Wild” again. Pity. (I won’t watch “The Dear Hunter” again either, but then you never could have made me watch that thing a second time, not under torture or extortion.)

3. Now THIS is a frivolous law suit.  From CNN:
Continue reading

Ethics Observations On The Steve Bannon-President Trump Blow-Up

Excerpts from his new book revealed that journalist Michael Wolff extracted some highly inflammatory quotes from ex-White House aide Steve Bannon, who criticized his former boss, members of his family, and White House colleagues. In an unusually well-written, if unrestrained, response, the President used a rhetorical blowtorch on his former ally, writing,

“Steve Bannon has nothing to do with me or my Presidency. When he was fired, he not only lost his job, he lost his mind. Steve pretends to be at war with the media, which he calls the opposition party, yet he spent his time at the White House leaking false information to the media to make himself seem far more important than he was. It is the only thing he does well. Steve was rarely in a one-on-one meeting with me and only pretends to have had influence to fool a few people with no access and no clue, whom he helped write phony books.”

Observations:

  • Once again, we have the unforgivable spectacle of a once highly placed member of an administration team betraying trust to vent, to get publicity, to settle scores, or to cash in. It’s not whistle-blowing, and its not in the public interest. It hurts the current President and future Presidents, by making a breach of loyalty and confidentiality that was once unimaginable routine. David Stockman, Reagan’s bitter budget director, started this trend with a tell-all book after his star fell to earth, and now every Presidential appointee is a potential Judas. If any of these creeps were ethical, professionals or patriots, they would wait until the administration they had worked for were out of power and in the rear-view mirror, and ideally, way, way in the rear view mirror, like a decade or more. Better yet, they would take the secrets they were entrusted with to the grave.

But what’s the fun in that? More to the point, where’s the money in it? Ten years from now, Steve Bannon will be the answer to a trivia question. Continue reading

Comment Of The Day Weekend Continues! Comment Of The Day : “Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? …Is President Trump A Robot?

A single line in this morning’s  Warm-Up sparked this fascinating exposition by Ash. Here was the context:

Jay Malsky, an actor who has appeared in drag as Hillary Clinton. Melsky, while watching  the Hall of Presidents attraction at Disney World, began shouting at the audio-animatronic Donald Trump. (The Huffington Post said he “mercilessly” heckled the robot, showing  derangement of its own. Robots don’t need mercy, and you can’t “heckle” one either.)

Here is Ash’s Comment of the Day, primarily a quote but a perfectly chosen one, on the post, Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? Are The Patriots Cheating Again? Is Larry Tribe Deranged? Is President Trump A Robot?: 

“Robots don’t need mercy, and you can’t “heckle” one either.”

You should date this and file it, because I guarantee you, the way you treat Siri and Alexa and Cortana and Ok Google is *already* being described as problematic.

“Sexual harassment: there are no limits…According to Dr Sweeney, research indicates virtual assistants like Siri and Amazon’s virtual assistant Alexa find themselves fending off endless sexual solicitations and abuse from users. But because humans don’t (yet) attach agency or intelligence to their devices, they’re remarkably uninhibited about abusing them. Both academic research and anecdotal observation on man/machine interfaces suggest raised voices and vulgar comments are more common than not. It’s estimated that about 10% to 50% of interactions are abusive, according to Dr. Sheryl Brahnam in a TechEmergence interview late last year. Continue reading

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading

Ethics Dunce: Tavis Smiley (Tavis, Please Pay Attention: The Workplace Isn’t Your Dating Bar)

“I’ll consent to your annual raise, if you’ll consent to going out with me…deal?”

(Now this is why companies and organizations that want to avoid sexual harassment problems need effective training sessions, ideally run by me.)

Tavis Smiley, the PBS talk show host suspended from the network and currently in the process of being erased from the culture due to allegations of sexual harassment, was asked by Tucker Carlson on the latter’s Fox News show about the propriety of a supervisor having sexual relationships with subordinates in the workplace. Smiley responded with this jaw dropper:

I certainly understand that there are persons who believe that there is no such thing as a consensual relationship in the workplace. I hear that. I can respect that point of view. But there are other opinions on this. In my employee handbook we do not encourage interoffice relationships but we don’t forbid it either because I don’t know how things are going to turn out in your life and you start hanging out with our company. I don’t know who you’re going to meet. And let’s face it, nobody’s working 40-hour weeks anymore. We are working 40-, 50-, 70-, 80-hour weeks. Where else are you going to meet people in this business?

His answer was self-indicting, deceitful, ignorant, stupid, and redolent of rationalizations.

Carlson didn’t ask about “consensual relationships in the workplace.” He asked about whether relationships between women and the men who have the power to fire them, promote them, give them raises or make their working lives a living hell are appropriate. The answer is no. Of course no. Nor can they possibly be called consensual. Quite apart from that aspect, such relationships, even if they are initiated by the subordinate, constitute per se unethical management. They undermine morale. They undermine respect for and the authority of the manager. They create suspicion and distrust of the staffer. They create a hostile work environment for all the women in that workplace. destroy staffs and organizations. They are the organizational equivalents of incest. They are wrong. Always. This isn’t a new discovery either. It should be obvious.

“Where else are you going to meet people in this business?” Well gee, Tavis, it sounds like you have a choice to make. Continue reading

I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t)

Jerry Richardson (above), the 81-year-old original owner of the Carolina Panthers in the NFL,  has decided that rather than ride out the sexual harassment allegations  recently reported  by Sports Illustrated, the wisest (and most lucrative course) will be to sell the team after this season. His profit will be somewhere in the billions, not that he isn’t a billionaire already.

New York Times sportswriter Juliet Macur is grievously offended by this, writing,

“Here’s what would make more sense: For Richardson to announce that the proceeds of the sale — or even just a couple hundred million? — would be donated to the women he harassed…[Many men] have been chased from the top of their professions for disgusting behavior involving women they worked with. They are suddenly pariahs, their reputations destroyed. But they remain very rich men, and their families, for generations, will be able to live off the financial rewards they collected while perpetuating these offenses….Richardson, who made his fortune in the fast-food industry, might be the richest of all the men accused in the #MeToo movement so far. Perhaps it’s appropriate, in a legal sense, that he is able to sell his company and walk off the stage. But it doesn’t seem morally fair that he should benefit so richly from it.”

This is pure, unadulterated emotionalism and indignation unfiltered by thought or coherent societal values. If these are the kinds of ethical arguments—and it is an ethical argument–major information sources are going to publish as worthy of being injected into public discourse, we might as well tear up the laws, forswear ethical systems, embrace passion, anger, vengeance and the rest as our sole tools to govern human affairs, and resign ourselves to chaos. Continue reading

Morning Ethics Warm-Up, 12/19/2017: ‘Due Process? We Don’ Need No Stinkin’ Due Process!’

Good Morning!

(Lights on the tree about 30% done, and the prickle wounds aren’t infected so far..)

1 Now, now, let’s not forget the wisdom of Joseph Goebbels...More questions about the objectivity, professionalism and fairness of the Meuller investigation are roiling D.C., even though the President isn’t about to fire the Special Counsel, though the mainstream news media went out of its way last week to make you think he was.

For example, were you following the Bruce Ohr fiasco? The former associate deputy attorney general, who was supposed to appear yesterday before the leaky Senate Intelligence Committee yesterday but didn’t, was demoted by the Justice Department when it was revealed that he had not disclosed that he had met with with officials from Fusion GPS, the people who prepared the salacious and discredited “Trump dossier.” Ohr had been part of the Meuller investigation too, but then it was learned that that his wife not only worked for Fusion GPS,  she worked on the anti-Trump opposition research that was apparently paid for by the DNC and the Clinton campaign. Is it partisan to question  how Meuller allowed people like Ohr and Strzok to be on his team in the first place? No, it’s not. In fact, it’s partisan NOT to ask that.

Meanwhile, Trump’s lawyers have challenged Mueller’s grab of transition team e-mails as a likely breach of attorney client privilege. (This will be in my next year’s Government Lawyer Ethics seminar for sure.) Writes attorney Robert Barnes, in part, on LawNewz:

According to published reports, Special Counsel Robert Mueller engaged in a mass seizure of all emails of the Trump transition team without even a warrant or a subpoena. In my opinion, a mass seizure – as is alleged here against Mueller – cannot conform to either Fourth Amendment standards or attorney-client privilege protections. The questions boils down to this: was there a reason for the individuals communicating by email, including with their lawyers, to believe their communications were private or privileged? Or, did the individuals forever waive or “implicitly consent” to any future search or seizure of their emails?

…The Mueller search runs afoul of many…established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.

The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law…

These are legitimate issues, yet the media, as usual, is soft-peddling them and spinning them as mere Trump obstruction. Worse, however are the multiple Democrats, including a Senator on CNN yesterday, who I have heard repeat a version of the despicable statement that recently earned New York Times editors a collective Ethics Dunce: “If he’s innocent, he has nothing to worry about.”

Please, please reassure me that we don’t have a major political party that is circulating that motto of despots, grant inquisitors, dictators and the Salem witch trial judges as a talking point. Please!

Continue reading

Morning Ethics Warm-Up, 12/18/2017: Life Is An Unethical Cabaret, My Friends…At Least Lately

Good Morning!

1  Really now: What’s the matter with you? How many of these will it take for everyone to agree that it’s intolerable?

Let’s recap, shall we? Last week, Democratic Congresswoman Jackie Speier confidently cited a “rumor” that that the President was going to fire Special Counsel Mueller imminently. (It would not be undeserved.) The rumor was then treated by the mainstream news media as news, which is, you know, supposed to be fact. This “news” then was considered sufficiently alarming that multiple Democrats and “resistance” members, including former Obama Attorney General Eric Holder (disgracefully) advocated an insurrection, as in “taking the streets.”

Asked about this rumor qua news, President Trump said, no, he wasn’t considering firing Mueller. Did uou know that in the old days, when journalists at least pretended to be ethical, the President would have been asked about a rumor involving his intentions before it was published as news, and before assholes on the Left used it to advocate social unrest?

The episode is beyond unethical. How can anyone support 1) this 2) people who act like this 3) journalists who facilitate this,  4) a party that continues to encourage this, or 5) anyone who supports or enables 1)-4) ?

2. He just doesn’t get it…like a lot of people. Tavis Smiley, whose problems were discussed in the previous post, said this morning that while he did engage in sexual relations with his some subordinates, they were all consensual and therefore did not constitute sexual harassment or an abuse of power. He’s oh so wrong.

Subordinates never have complete freedom to reject the sexual overtures of their boss, so they never can truly consent. It is inherently an abuse of power. Moreover, third party harassment is inevitable, as other female employees are sent the message that they work in a harem. Are they required to submit to the sultan’s desires? If they aren’t asked to submit by their Great Alpha Male, does that mean they have displeased him?

That a hostile work environment, Tavis.

3. ‘If you could see her from my eyes’..Smiley’s attitude conforms to that of a lot of sexual harassers, including, in all likelihood, the President’s. It wasn’t sexual harassment, they believe, because who wouldn’t want to receive their sexual advances?

This made me reflect on this hard-edged number from the film version of “Cabaret,” sung by Joel Grey’s evil MC as sly anti-Semitism for laughs. (I did not know that the number at one point was cut from the stage version because audiences didn’t get the satire until I saw a documentary about Jewish-themed musicals on PBS last night)

If the chilling last line of the song were altered to “It wouldn’t be harassment at all!,” with the “gorilla” representing the way so many women are treated in the workplace, the M.C. would be accurately expressing  Matt’s, Al’s, Harvey’s, Bill’s, Ben’s, Dustin’s, and Tavis’s creed.

4. Is Al Gore next? Not if the New York Times can help it. In a story detailing the rampant sexual abuse and harassment of hotel employees by guests, Al Gore’s name never comes up. The story includes the stunning results of  union survey of hotel workers in Chicago found that 58% of them had been sexually harassed by a guest. Yet in 2010, when three hotel masseuses claimed that Gore sexually harassed him, his denials were sufficient to make the episode quickly discounted and forgotten. What would happen if the same allegations were made today? If Gore had been elected President last years, would Senator Gillibrand be calling for his resignation?

Plan J would seem to demand it.

5. Why sexual harassment allegations are not necessarily credible. From The Hill: Continue reading

Plan J From Outer Space, And Related Scary Tales

All right, all right, “Plan J” is not really from outer space.  It’s really from the ever fertile mind of Democrats and the resistance, who are now dedicating their efforts on a new, weird, cultural theory to get rid of Donald Trump, one that has its dark routes in Salem, Massachusetts. Plan J—that’s my name for it, not theirs, as I explained here—isn’t quite as bizarre as the Ed Wood camp classic the headline evokes, “Plan 9 From Outer Space,” (If you’ve never seen it, shame on you: you can become culturally literate here) but it’s a lot scarier.

As it has been recently defined, Plan J holds that if  women, who must be believed, accuses a man of sexual harassment or sexual misconduct, no matter how long ago the alleged offense occurred, whether or not it relates to the accused individual’s current psoition,  whether there is any supporting evidence, whether the alleged incident or incidents were a criminal or a civil violation, regardless of how serious they were and regardless of whether the alleged offender denies the allegations or whether the accusations were known to those who placed him or her in their current position, the targeted individuals must be shunned, punished, and forced into virtual exile, if not erased from the culture entirely.

By establishing the new due process-bypassing, proportion-defying and fairness-erasing  social norm, those who have seen their Plans A through I (also enumerated here) either fail miserably or founder have new hope that they may  yet force the President of The United States to resign, thus bypassing those messy and inconvenient things called “elections.”  In order to set this bold new social norm, every celebrity or powerful person who even vaguely fits a Trumpish template regarding accusations of sexual misconduct must be hounded, attacked, derided or shamed.

It’s really remarkable. Of course, Plan J only became feasible as a result of the Harvey Weinstein scandal, and the subsequent rush of #MeToo-ers to see who they could take down, rightly or wrongly.

There is a certain perverted brilliance to Plan J. Sexual harassment is a filthy, unethical perk of the powerful that had been allowed to harm too many for too long, and was an accepted feature of too many cultures, like government, business, and show business.  Thus the pent-up fury sparked by the revelations about Weinstein was justified. But as with The Terror that followed the French Revolution, the legitimate anger and determination to reform the culture also created a different kind of power that corrupted the reformers. The ability to destroy with a pointed finger is intoxicating.

In many cases, the results have been beneficial: the identification of corrupt cultures and the unmasking of genuine workplace predators like Weinstein, Kevin Spacey, and Matt Lauer. In other cases, the fates of the accused have seemed wildly disproportionate to the offenses, although often the reaction of the accused have hastened their demise. The tally of individuals taken down by this frenzy now totals 97 men and one woman—Wait! Make that 98 men: Jerry Richardson, the owner of the NFL’s Carolina Panthers, announced that he was selling his team hours after the NFL announced that it would be investigation sexual misconduct claims against him.  Thus Plan J was born: Hey! Why not President Trump?

If due process and sufficient evidence weren’t required to destroy so many others who once had power and influence, surely Sen Kristin Gillibrand’s insistence that as long as she and enough Trump-hating journalists found his accusers “credible,” the fact that none of the alleged acts were criminal, that they did not occur while he was in office and could not possibly be impeachable, and the fact that he was elected with the public’s full knowledge of the allegations were no longer a bar to an effort to force him to resign.

Plan J!

It

Just

Might

WORK!

There are logical and ethical problems that have to be steamrolled in the process, however, if “the resistance’s” dream is to come true. For the principle that any alleged sexual misconduct that a elected official may have engaged in before being elected to become the rule, a lot of lesser figures have to be sacrificed, along with a lot of tenets of basic fairness. For example: Continue reading

Why Marvin Miller Doesn’t Belong In The MLB Hall Of Fame In Cooperstown [Updated and RETRACTED!]

UDDATE! With apologies to all, I’m retracting this post. I had bad information: the entire thesis of the post is based on the false belief, which I acquired literally decades ago, that baseball union chief Marvin Miller was a lawyer. I know that a lawyer should not be celebrated for achieving the goals of his client; I’m not at all sure about my conclusions if the individual is a non-lawyer labor leader. I haven’t considered Miller in that context. I have to think about it.

I apologize to Ethics Alarms readers and also the admirers of Mr. Miller, and I hope he won’t be visiting me on Christmas Eve. One thing the web doesn’t need is more bad information, and I regret adding to it, even for a couple of hours.

My sincere thanks to reader LoSonnambulo for the slap in the face…

Last week,  Major League Baseball’s 6-member Modern Baseball Era committee considered ten Hall of Fame candidates, previously passed over in the regular voting process, whose biggest contributions to the game came between 1970 to 1987. It elected former Detroit Tigers and Minnesota Twins starting pitcher Jack Morris and his Tiger team mate Alan Trammell, one of the very best shortstops of the era. Both were borderline choices, but Trammel was certainly deserving. Morris got over the hump because of a single memorable game, his Game 7, 10-inning, 1-0 shutout that won the 1971 World Series for Minnesota over Atlanta in of the 1991 World Series. Now that starting pitchers in the Series seldom go even 5 innings, much less ten, Morris’s performance seems especially god-like, but the fact remains that single achievements are not supposed to put players in the Cooperstown, New York Museum. Among the candidates who were rejected was my beloved Luis Tiant, the spinning, whirling, Cuban ace of the Cleveland Indians and Boston Red Sox, one of the most unique pitchers in the history of the game, and while he was active, universally considered a great player, which he was. “Looie” deserves to be in the Hall, and is in his eighties now. He should have been voted in over Morris.

But the rejected candidate that sportswriters have long been rooting for wasn’t even a player. He’s Marvin Miller, who died in 2012 and who headed the players’ union from 1966 to 1982. Under Miller’s direction, the MLB players’ union became one of the strongest unions in the United States. He is credited with leading the efforts to eliminate the Reserve Clause, which once bound players to teams until they were traded, released, or retired. When he took over the union, the top baseball salary was about $100,000 a year. Today it is about 30 million a year, and the minimum salary is over $500,000. Legendary broadcaster Red Barber once said that  Miller, “along with Babe Ruth and Jackie Robinson, is one of the two or three most important men in baseball history.”

Well, Arnold Rothstein, Barry Bonds and the inventor of anabolic steroids had immense impact on baseball too. Continue reading