Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitter— Continue reading →

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading →

THAT’S The Concept I Was Looking For—“Cultural Vandalism”!

Does he still seem like God to you?

“Cultural vandalism”!

Perfect! That’s the ideal description of what artists, especially performing artists, do when they engage in such revolting conduct that it becomes difficult or impossible for us to enjoy their work the way we could before we knew they were disgusting human beings.

We owe Vulture writer a debt of gratitude, not only for identifying the conduct as cultural vandalism (a term usually reserved for acts like stealing the Elgin Marbles), but also for explaining, in his article The Cultural Vandalism of Jeffrey Tambor, clearly and powerfully, why it is a serious ethical breach beyond the misconduct itself.

He writes in part,

Once I know something like this, it makes it impossible for me to look at the actor and not think of the horrible things they’ve allegedly done. I don’t care to argue whether this is rational or not (I think it is), or whether I hold inconsistent opinions of works that are problematic for whatever reason (everyone does). The repulsed feeling is still there, and it makes a difference in how I react as a spectator…This sort of thing seems categorically different from, say, watching a film starring an actor whose political beliefs are different from yours (though there, too, a line could be irrevocably crossed). Once you believe that a particular actor or filmmaker or screenwriter is a predator or abuser, you’re aware that the environment that produced your entertainment — the film set — was engaged in a conscious or reflexive cover-up, in the name of protecting an investment. You can still be passionately interested in the thing as a historical or aesthetic document — seeing it through the eyes of, say, an art historian who can contextualize Paul Gauguin within the totality of 19th-century painting, or an African-American studies professor who’s fascinated by Gone With the Wind — but you can’t lose yourself in it anymore. You can’t be in love with it. You can’t really enjoy it in the most basic sense, not without playing dumb.

You didn’t do that to the artist. The artist did that to himself…

And it’s awful. People’s lives get ruined, their careers get interrupted or destroyed. The emotional, physical, and financial damage that problematic artists inflict on people in their orbit should always be the first and main subject of discussion…On top of all that, we also have the collateral damage of cultural vandalism. Fun, meaningful, even great works that dozens or hundreds of people labored over, that built careers and fortunes and whole industries, become emotionally contaminated to the point where you can’t watch them anymore…. in recent years, an entire wing of African-American cultural history has been vaporized by the Bill Cosby allegations and his recent felony sexual-assault trial, including the most popular sitcom of the ’80s (The Cosby Show), some of the top-selling comedy albums of all time, the precursor to the R-rated buddy comedy genre (Uptown Saturday Night and its sequels), and the first Saturday morning cartoon with a predominantly black cast (Fat Albert and the Cosby Kids). Predators’ careers are getting raptured, as well they should be. But unfortunately — perhaps inevitably — their work is getting raptured along with it, imploding into dust as the culture moves on to things that aren’t as problematic (or that might have skeezy stuff going on behind the scenes that we don’t know about yet)….

…Nobody is stopping anyone from watching these works (though they’re no longer as easy to find, and you probably have to own a DVD player). We can still talk about them, study them, write about them, contextualize them. But the emotional connection has been severed. The work becomes archival. It loses its present-tense potency, something that significant or great works have always had the privilege of claiming in the past.

That’s all on the predators. It’s not on you. None of us asked for this.

Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading →

KABOOM! Harvard’s Class Of 2003’s Reunion Attack On Jared Kushner

I was going to write about this depressing and disgusting episode from the anti-Trump derangement parade yesterday, but I thought I could keep my head from exploding if I waited a bit. No such luck.

As some of you know, I come from a Harvard family. My Dad went there on the GI Bill; my mother was working as the Dean’s secretary when she and my Dad met. I attended the College, and so did my sister. Long after we had left, my mother was still working in the administration, ultimately as Asst. Dean of Housing. I was raised about 15 minutes from Harvard Square. I ushered at the football games when I was in high school. Many of my best and oldest friends are Harvard grads; I loved the place. It was a terrific place to go to school. This story, however, makes me deeply ashamed, and demonstrates, not for the first time in recent decades, how poorly the university’s leadership has upheld the core values of America’s oldest institution of learning, opting instead for partisan politics and divisiveness.

Since the 19th century, Harvard has invited alumni in reunion years—that is, ever five years—to write personal updates about their lives, and have it published free of charge by the University and mailed to all class members.The crimson covered paperback is called the Red Book. I have read more of them than I can count, between my father and myself. Here’s one of my father’s:

Continue reading →

The News Media-“Resistance” Alliance On Ugly Display In The “Spygate” Spin

The revelation that there was a mole, Stefan Halper, planted in his campaign by the FBI, prompted President Donald Trump to demand an investigation into whether the FBI or Justice Department infiltrated his campaign for political purposes.  The “resistance” and the mainstream news media have been in panic mode ever since, and have been actively bad at it. Heaven forbid that journalists could admit that when they mocked the President for suggesting that his campaign was surveilled, they were wrong and he was right.

Scott Adams neatly exposed the hypocrisy and dishonesty, tweeting,

“Four things to understand about SPYGATE: 1) There was no spy in the Trump campaign. 2) The spying that did NOT happen was totally justified. 3) It would be bad for national security to identify the spy who doesn’t exist. 4) His name is Stefan.”

Ann Althouse deserves applause for her analysis as well:

James Clapper was on “The View” yesterday and it went like this:

BEHAR: “So I ask you, was the FBI spying on Trump’s campaign?”

CLAPPER: “No, they were not. They were spying on, a term I don’t particularly like, but on what the Russians were doing. Trying to understand were the Russians infiltrating, trying to gain access, trying to gain leverage or influence which is what they do.”

BEHAR: “Well, why doesn’t [Trump] like that? He should be happy.”

CLAPPER: “He should be.”

Well, Trump seems happy that the word “spying” slipped out of Clapper as he was talking about what the FBI was doing. Clapper obviously knew he slipped, since he immediately tried to (subtly) erase it.

Trump displayed his happiness by tweeting: “‘Trump should be happy that the FBI was SPYING on his campaign’ No, James Clapper, I am not happy. Spying on a campaign would be illegal, and a scandal to boot!” And, talking to reporters: “I mean if you look at Clapper … he sort of admitted that they had spies in the campaign yesterday inadvertently. I hope it’s not true, but it looks like it is.”

Then Ann dissected CNN toady Chris Cillizza’s embarrassing attempt to cover for Trump foe Clapper—which, you know, is not the job of a real journalist, only that of a biased hack: Continue reading →

Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition”

I fear that a theme on Ethics Alarms over the next few days is going to be the awful conduct and deteriorating ethical standards of the Trump-hating left. This situation is not really debatable, and flagging it from an ethical perspective should not be regarded as a partisan or an ideological act. It is, though: I have the emails, comments and Facebook insults to prove it. Why aren’t progressives and Democrats properly outraged? Why don’t they find this conduct by their apparently unhinged compatriots as repulsive as I find it—as repulsive as it is? I don’t understand it. When they are confronted, and I have confronted many, they have no answer, no reason. Just rationalizations, or more often, just emotional outbursts. Today a Facebook friend, and a real friend too, an actor and, I am pretty sure, a Communist, wrote in Facebook that he would rather have Harry and Megan running the country, because republican democracy wasn’t working out so well. He wasn’t kidding, either, and nobody in the progressive Facebook echo chamber challenged him. People are going insane, and they are rotting from the inside out.

Steve-O-wrote this in response to Item #1 in the 5/16 Warm-up. That section was about all the Democrats and pundits actively cheering for the North Korea talks to collapse, because they are so filled with hate that they want Trump to fail even when his successes would be good for the country and the world. That is, in a word, diseased. And that is what the “resistance” has devolved into in less than two years. I could not be more disappointed in my fellow citizens. I thought they were better–fairer, smarter, more patriotic, with a firmer hold on the values they claimed to possess—than this.

They’re not.

Here is Steve-O-in-NJ’s Comment of the Day on the post,Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition:

David Gergen once said that those who dislike and criticize this nation, particularly blacks who don’t celebrate July 4 because they are still bitter about their history aren’t unpatriotic, they just practice “a different form of patriotism.” He also said that Jeremiah Wright might well love this country more than conventional patriots, but just believe we have fallen short of our ideals. The concept of “matriotism,” a sort of pacifistic yin to patriotism’s yang, was floated for a while, but never really caught on.

The fact of the matter is that a lot of us on the right loathed Obama and loathed his policies, but we never let that turn into us hating our own country, and we never stood against our own servicemen, even when Clinton wasted our efforts in the Balkans and Obama led from behind to topple Gadaffi…without a clue of what to do afterwards. We (except a few crackpots) also never talked of taking up arms against our own elected officials, nor rioting. Guess who put mobs in the street before the War on Terror and rioted the day Trump was sworn in, the duly elected president? Hint: it wasn’t the right.

The fact of the matter is that the left is a strange mix of the ultra-violent (the Black Panthers, antifa) and the ultra-disloyal (the National Lawyers’ Guild, the Peace and Freedom Party) held together by a few charismatic folks who want ultimate power and don’t give a damn how they get it. The only problem is that the right is in the way, and after Vietnam the right has pretty much a lock on the flag and conventional patriotism, which the average Joe still reveres. Like it or not, Donald Trump has become identified with the flag, strong law enforcement, a strong military, and other conventional symbols of pride in this nation. That’s still pretty powerful. Worse still, under Trump the economy is doing better, people have more money in their paychecks, and overall things seem to be looking back up after years of looking down. Continue reading →

If You Want To Understand Why The Public Is So Easily Confused And Deceived, Follow Sports

Our education system simply does not train our young in critical thinking, and hasn’t for a long, long time. Then, as adults, we listen and watch supposed professionals who make their living informing us, enlightening us and communicating to us, and the level of reasoning they model is uniformly incompetent.

Nowhere is this more evident than in sports reporting. If you don’t follow sports, you don’t know what stupidity is being pumped into unsuspecting brains on a regular basis.

Here is an example: I was just listening to the MLB  radio channel’s “Loud Outs,” where the host, broadcaster and former player Ryan Spilborghs, was discussing the new baseball fad of beginning a game with relief pitcher who only throws an inning or two, and then bringing in the starter. There are theories that against certain line-ups this can create an advantage, but never mind: it’s irrelevant to the issue. Spilborghs, who really did attend college, says, “You know what convinced me? These stats…” and he began to read the won-lost records of various teams when they score first. “Overall, the average for all of Major League Baseball is that the team that scores first wins 70% of the time! Why wouldn’t you use this strategy if it meant that it increased your team’s chances of scoring first?” His partner, former player CJ Nitkowski, said, “You’re right!”

No, CJ, he’s an idiot, and so are you.

There is no magic to when a baseball team scores its runs. A run in the first inning is no more or less a run than a run in the 7th. The reason a team that scores first wins most of the time is, or would be, obvious if our schools weren’t crap, that in any baseball game, if one team begins with a one run handicap, it will lose most of the time. The team that scores first is like a team that begins the game with a one run advantage. Now, one run is a big advantage, but many of the teams in that 70% scored more than one run first. They really have an advantage: those teams probably win 85% of the time.  Then there is this factor that pollutes that stat that Spilborghs found so amazing: the teams that score first the most frequently are also the better of the two teams. They figured to win before they had a one, two or three run advantage.

The team that scores the most runs wins 100% of the time. Prioritizing scoring first with the result that your pitching is more likely to give up runs later in the game does not convey any advantage at all. If the “opener” pitching strategy results in opposition teams scoring fewer runs, then it has value. Preventing the other team from scoring first, by itself, is meaningless. ( How often does the team that scores last win the game? How about the team that scores the most runs in the fifth inning? Can you guess? Sure you can. But don’t tell Ryan. You’ll break his heart. Continue reading →