Bud Selig Is The Barry Bonds Of Baseball Commissioners…So Why Was He Just Elected To The Hall Of Fame?

/ Jack Marshall / 12 Comments
Bud. I had a more descriptive caption, but decided that it wasn't professional...

Bud Selig. I had a more descriptive caption, but decided that it wasn’t professional…

Let me state my bias up front: I detest Bud Selig.

He became Major League Baseball’s first non-Commissioner Commissioner when baseball’s owners decided that Fay Vincent was doing the job of independent, uncorrupted overseer of the game’s welfare and integrity too literally for their tastes, fired him, and installed one of their own. That was Selig, a wealthy auto sales impresario who owned the Milwaukee Brewers and never saw a dollar he wouldn’t debase himself for.

The owners suspected that Vincent, a smart and decent man, might use his power to block the looming baseball labor-management impasse, benefiting the players. They dumped him just in time to give the job to an “independent overseer” who had the Mother of All Conflicts of Interest in the upcoming war: he was management. . Sure enough, under Bud’s fair and balanced leadership, the most devastating work stoppage in baseball history arrived in 1994. It stopped the season late and wiped out the World Series. It killed the Montreal Expos, for all intents and purposes, crushed the baseball card and memorabilia industry (it still hasn’t completely recovered), and nearly sent the sport itself into a death spiral. Baseball was saved, not by Selig, but by a combination of luck, the inherent greatness of the game, and Cal Ripken, who broke Lou Gehrig’s consecutive game streak (I was there to see it!) in the season after the strike to remind fans and the nation of baseball’s glorious past and why they cared about it.

From that point, Selig oversaw explosive growth in the game’s revenues, exposure, merchandising, player salaries and popularity, He shattered a lot of traditions to do it: the elimination of any real distinction between the leagues, expanded play-offs, wild card teams (which I hate, since they allow second place teams to become champions over the teams that defeated them during the season, but then there was the 2004 World Champion Boston Red Sox…) inter-league play, instant replay, penalties for big-spending teams, baseball in November, and more. If you are an ends justifies the means fan, Selig’s your man. He ended his more than two decades as the sport’s top executive with the game stronger and richer than ever.

He did this, however, despite and in part because he quietly enabled the scourge of steroid use among players, permitted cheating to go on right under his nose, and was shocked…shocked! to discover that all those players who began topping their previous best seasons at advanced ages when virtually all athletes go into decline, and all those players who turned up at spring training 25 pounds heavier and looking like Lou Ferrigno, and a few of those players breaking career and season records that hadn’t been approached in decades, were using illegal and banned performance enhancing drugs.  When this dawned on him, two steroid users, Mark McGwire and Sammy Sosa, had shattered Roger Maris’s record for home runs in a season in the same year—what a coinkydink!—and another, the grotesquely inflated Barry Bonds, had not only broken the new record but was on the road to surpass Hank Aaron’s career homer record. Continue reading →

Oooooh, Sneaky, Uber!

/ Jack Marshall / 11 Comments

fine-print

Fine print alert!

Uber, the controversial  ride-sharing giant, quietly changed its terms of service to foist mandatory arbitration on its users. This is a common tactic of large corporations lately, taking away consumers’ rights to sue when they are harmed due to negligence. Arbitration is often full of hidden biases, with a natural  financial motivation for less-than-ethical arbitrators to tilt in the direction of the companies that pay them.

The change means that a passenger injured in an Uber vehicle due to its driver’s negligence would be required to arbitrate any claims for personal injuries before the American Arbitration Association, because the passenger had technically agreed to the terms and conditions of the Uber contract every passenger must accept. How would  long-time customers know about the change from the original Uber conditions? They wouldn’t, unless they regularly cruised the company’s website.

On July 29, 2016, Judge Rakoff from the Southern District of New York ruled that the notice of Uber arbitration terms was not sufficient to let riders know that  they were waiving the right to sue, and thus the mandatory arbitration provision was unenforceable. Uber’s response was to send an email to its users, announcing that it was updating its terms effective November 21, 2016.  Uber also instructed its users to read the new Terms and stated it had “revised our arbitration agreement.”  Now they have you, because Uber users can no longer claim that they didn’t know about the new terms. When you use the service, you are stuck. You have waived the right to sue.

There is a large “but,” however.

An Uber user can still reject the November 21, 2016 Terms by providing Uber with written notice by mail, by hand delivery or by email within 30 days of November 21, 2016. Like many companies, Uber’s “notice” consists of a hard-to-find section on its website. The mechanics of rejecting the new terms information are virtually buried on Uber’s legal page, and read, Continue reading →

Ugh! Here’s One More Unethical Practice (Of Many) Trump Needs To Eliminate From His Repertoire, And Quickly

/ Jack Marshall / 12 Comments

trump-tweet-at-union-head-jpg

It’s pretty simple, though President Obama hasn’t figured it out in in eight years:

The President of the United States must not attack or criticize private citizens or negatively characterize their actions, nor should he interfere with local matters, criminal justice, the courts, the news media, or private businesses,  unless it is absolutely necessary, which it almost never is. This applies to his treatment of journalists, celebrities, athletes, local officials, accused criminals, military personnel, lawyers, other professionals…

…and union representatives.

Chuck Jones, the president of the local chapter of the United Steelworkers union that represents Carrier employees in Indianapolis, told The Post on Tuesday that the Trump exaggerated the number of jobs he claims to have saved, since 550 of the union’s members will lose their jobs anyway. Trump immediately sent the tweet above, directly attacking Jones by name. Shortly after the tweet, Jones says, he began getting threatening phone calls. “Nothing that says they’re gonna kill me, but, you know, ‘You better keep your eye on your kids. We know what car you drive.’ Things along those lines,” he told the Post.

I’m not surprised, but Trump’s “punching down” would be just as wrong if there was no response at all. This is an abuse of power. It is an abuse of influence. It is an abuse of office, and once he is President, it will be an abuse of the “bully pulpit.” The conduct is bullying,  as well as irresponsible, dangerous, and stupid.

I did call it, though! My post in April about Gov. Rick Scott attacking a citizen, in his case a coffee shop critic, in a campaign ad ended with this statement:

It is hard to imagine a more petty, needless, demeaning example of “punching down.” Jennings isn’t running against Scott; she is just a citizen critic, if an especially rude and nasty one. For a governor to focus an attack ad on a mere citizen is an abuse of power and position. It is ethically indefensible.

It is exactly what Donald Trump would do, though.

It is far worse for a President-Elect to punch down, of course; it’s even unethical for a Presidential candidate nobody thinks can win to do it. Trump’s pre-emptively calling Bowe Bergdahl a traitor is now a fair trial problem in the ex-prisoner of war’s court-martial. This is a terrible habit to indulge, and it opens the door to far more harmful misuses of Presidential power.  Continue reading →

Announcing “The Fake News Ethics Train Wreck,” And Related Developments [UPDATED]

/ Jack Marshall / 40 Comments

train-wreck-air

This morning I checked four news sources and caught stories about”fake news” in all of them. Some of this has been fueled by the flesh-meltingly idiotic Comet Ping Pong pizzeria story out of D.C., which culminated in a moron named Edgar Maddison Welch firing an AR-15 inside the joint, saying later that he was horrified at the reports that the establishment was at the center of a child sex ring run by…wait for it…the Clinton campaign. He got some bad information, Welch told authorities.  Ya think???

No, Ed, you got a really bad education in America’s rotten public schools, and before that you were playing hop-scotch when the brains were handed out.

What prompted Ethics Alarms to officially move the fake news uproar into Ethics Train Wreck status, however, was the interview CNN had this morning with two small business owners in the same block as the evil pizza place. “The internet isn’t regulated like it could or should be,” one said, with no comment or clarification from CNN’s Alisyn Camerota. Politicians are among those who have to address this problem, agreed her partner.

In other words, we need internet censorship. Oh, they did say that citizens should be a bit more discerning before grabbing an AR-15 and shooting up a pizza parlor because someone on Instagram said that John Podesta was selling little girls and boys, but obviously the big arm of the State has to step in.

In other developments:

  • The fake Washington Post news story about fake news that I highlighted here may prompt a defamation law suit from one of the organizations that the Post accused, without checking their source, of spreading fake news.

“You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist,” James A. Moody, attorney for Naked Capitalism, a finance and economics blog with a stated mission of “shedding light on the dark and seamy corners of finance,” wrote to the Post. “You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the ‘team’ at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.”*

Highlights from that 120-page report:

  • Since 1980, U.S. GDP per capita growth has been far below its long run average, and since 2007 it has been almost negligible.
  • Deterioration in the quality-to-cost ratio for healthcare, housing and education is dragging down economic growth. After spiraling price increases, these sectors accounted for 36 percent of total national spending in 2015, up from 25 percent in 1980.
  •  The U.S. population’s health has stagnated or even declined on several measures since 1980, especially for the working-age population.
  • Housing costs have swallowed up a larger share of income without a corresponding increase in quality.
  • Educational quality is weak and stagnant at all levels. The U.S. education system has failed to instill any measurable gains in the cognitive performance of children and young adults for decades, as U.S. students and adults struggle with poor rates of literacy and numeracy despite high spending growth.

You know…”a strong economy.”

Would you like to speculate on which fake news had a greater likely impact on the popular vote for President—the Pope’s endorsement, Podesta’s pizza parlor sex ring, or that nifty Democratic policies had the national economy working like a Swiss watch? Continue reading →

From The “When Ethics Alarms Don’t Ring” Files: Newt Gingrich’s December 7th Tweet

/ Jack Marshall / 69 Comments

gingrich-tweet

Some random thoughts on an incredible display of terrible taste, as I wrestle to keep my cranium from blowing…

1. Why in the world would Newt do this? How could he, or anyone, not understand that this would be hurtful to many, and appreciated by none? Has he decided to compete with Donald Trump for most Reckless Twitter-User? Is he trying to make Trump look responsible by comparison? Why, Newt? Why?

2. Perhaps this is the beginning of regular laudatory tweets from Newt in appreciation of other geniuses that did Americans harm.

March 6: “Today we celebrate Santa Anna’s brilliantly executed surprise dawn raid on the Alamo, and his efficient slaughter of more than 200 Texans in 1836”

April 14: “A date for all Americans to commemorate John Wilkes Booth’s superb planning and marksmanship, confounding President Lincoln’s security to shoot him in the head with flair in 1865!”

August 8: “Let us not fail to admire surgical precision with which the dedicated follower of Charles Manson carried out their slaughter of five people in 1968”

September 11…well, you get the idea.

3. What’s truly nauseating is that poor, insecure Newt is so desperate for affirmation that he will use, of all things, the tragedy of the attack on Pearl Harbor to make himself appear, (he thinks), worldly, cerebral and analytical. All he really accomplished is to reaffirm what most cognizant Americans have known for decades…

4. …that Newt is about as big a jerk as this society has ever produced.

 

Unethical Quote Of The Week: Harry Belafonte

/ Jack Marshall / 39 Comments

“In a few weeks from now, if there is a platform on which I will be privileged to stand and speak, my opening remarks will probably be something like “Welcome to the Fourth Reich.”

–—Legendary singer and long-time civil rights activist Harry Belafonte, now 90, speaking at a “Democracy Now!” event with an audience of 2000.

Harry Belafonte radiated sunniness and spirituality when he sang in his unique, whispery voice, but his political activism was always angry, radical, and with the passing years, increasingly bitter and paranoid. It was predictable that, health allowing, “The Banana Boat Song” artist would be in his element in the 2016 Post-Election Freak-Out and Ethics Train Wreck, and, sadly, he did not disappoint.

In his remarks, Harry mentioned with affection Paul Robeson, the late actor and singer who left the U.S. for the worker’s paradise of  Stalinist Russia, and America-hater Noam Chomsky. He might have mentioned Fidel Castro, for whom Harry frequently expressed his admiration in the past. Back in 2012, Belafonte told another one of his pals, Al Sharpton, that since the evil, racist Republicans wouldn’t do Barack Obama’s bidding, “The only thing left for Barack Obama to do is to work like a third-world dictator and put all these guys in jail!”

But Donald Trump is a Nazi. Continue reading →

It’s Time For That Exciting Ethics Alarms Game Show,”Spot The Hypocrisy!”

/ Jack Marshall / 29 Comments

time-to-play

Are you ready?

Here comes…

Hypocrisy Challenge I

The New York Times

Like much of the mainstream news media but more so, The New York Times is flogging the “fake news” narrative. In part there is something legitimate to report, as with the crazy conspiracy theory about a pedophilia ring run out of a Washington, D.C., pizza place by John Podesta and Hillary Clinton that culminated in a nut case showing up there with a gun “to rescue children.”  (Most of the “fake news” crisis is really the “Stupid people” crisis.) The media’s excessive enthusiasm and daily fulminating about fake news, however, appears to be a desperate effort to make its own incompetent, inaccurate, slanted and dishonestly selective reporting during the campaign and election just completed appear more palatable by invoking Ethics Alarms Rationalization #22, Comparative Virtue, or “It’s not the worst thing.” This story, for example, was on today’s Times front page, where its headline read, “As Fake New Spreads Lies, More Readers Shrug At Truth.”

Meanwhile, tucked away at the bottom of the op-ed page of the same issue, was this “Correction”:

Because of an editing error, an Op-Ed essay on Friday about Donald Trump’s efforts to keep jobs in the United States misstated the change in auto sector employment in both the United States and Mexico between 2007 and 2015. In Mexico, jobs grew to 558,000 from 405,000, not to 675,000 from 174,000. In the United States, auto jobs declined to 762,000 from 828,000. The article also misstated plans by Detroit car companies in Mexico. Ford and General Motors plan to invest a combined $9.1 billion and hire 12,200 more workers; Detroit car companies are not planning to invest $30 billion and hire 30,000 more workers.

Now…

Spot the Hypocrisy!

Continue reading →

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 28 Comments

oops

U.S. District Judge Patricia Minaldi was removed from St. Charles, Louisiana jury trial for criminal fraud in February, then her replacement declared a mistrial. Nobody knew why until the Associated Press got transcripts unsealed. They do not give one great confidence in the management of the justice system.

In one unsealed transcript (PDF), federal prosecutors and a public defender jointly called  U.S. District Judge Donald Walter ,who took over the case from Minaldi,  to ask him to grant a mistrial. The chief judge had assigned Walter to the case in an order that cited Minaldi’s inability to be present at the trial, but provided no additional explanation.

Minaldi was unable to be present because she doesn’t have the requisite awareness of the world around her or of the requirements of her job to be a judge. The botched trial included this ominous incident:

On the last day of the trial before it was suspended, Assistant U.S. Attorney Robert Moore was questioning a witness about the defendant’s grant application which had been filled out on a computer. Judge Minaldi interrupted the witness to ask what a “drop-down box” and “drop-down menus”  were.

“I have no idea what that means,” Minaldi said, regarding the reference to drop-down menus.  “No offense, but if I don’t understand it, I don’t think anybody else is going to understand it,” she continued. “I’ve been to law school. I’ve been doing this for 30 years. I have no idea what y’all are talking about.” After another question—Minaldi didn’t understand references to “Y’s and yeses” in relation to the answers to yes or no questions on the application—the judge recessed the court for lunch.

“Get your act together. Okay,” Minaldi told Moore. “I have no idea what’s going on here. Get your act together.”

Because it was HIS fault she had no idea what was going on. Continue reading →

Does The Pentagon Hiding Its Waste Of 125 Billion Dollars Qualify As An Obama Administration Scandal? Nah! Don’t You Know That The Obama Administration Is Scandal Free?

/ Jack Marshall / 32 Comments

the_pentagon

Scandals? In the Obama Administration? Of course not! David Brooks said so, remember?

“President Obama has run an amazingly scandal-free administration, not only he himself, but the people around him. He’s chosen people who have been pretty scandal-free. And so there are people in Washington who do set a standard of integrity, who do seem to attract people of quality.”

The IRS targeting conservative groups to blunt their influence on an election? Not a scandal! HHS rolling out a non-functional website for Obamacare that cost 2 billion dollars? The Veterans Administration being mismanaged at epic proportions while veterans died waiting for care? Jonathan Gruber’s declaration that Obamacare depended upon the “stupidity of American voter”? The Secret Service showing utter incompetence repeatedly? The head of the CIA giving classified information to his mistress? The NSA allowing a low-level contractor to steal and publish crucial secrets? The Office of Personnel Management allowing hundreds of thousands of government employees to have their sensitive information hacked? Unprecedented sexual harassment and assault in the Armed Services? Fast and Furious? Wait, wasn’t there a Secretary of State who violated her own department’s security policies, covered it up, lied about it, and did so with the knowledge of the President? The Attorney General meeting with the husband of a target of an FBI investigation, when that husband was the former President who once promoted that AG? No scandals?

Nah, President Barack Obama administration is scandal free!

I was watching CNN and Headline News this morning specifically to see if the Washington Post’s scoop last night was deemed worthy of mention. Of course, it wasn’t, and so far, almost all of the mainstream news media apparently believes that it’s less important for Americans to know about than, well, just about everything. Here what Google’s software ways are the top stories based on what the web is reporting:

Donald Trump
Oakland
Manchester United F.C.
College football
Westworld
Seattle Seahawks
Manuel Valls
OPEC
New York Jets
Pat McCrory

Clearly, what the  Post’s Craig Whitlock and Bob Woodward  reported last night is trivia—fake news, really, since we know there are no scandals in the Obama Administration: Continue reading →

Ethics Dunce: Texas Elector Christopher Suprun [UPDATED]

/ Jack Marshall / 145 Comments
Shut up, Chris; shut up, Alexander.

Oh, shut up, Chris; you too,, Alexander.

Another faithless Texas elector has announced himself. This time, it’s Christopher Suprun, the latest previously anonymous figure to exploit the 2016 Presidential candidacy of Donald Trump for 15 minutes of fame. Let’s see: there was Trump’s former lawyer, who breached or nicked several legal ethics duties to get a column in the Huffington Post, Trump’s ghostwriter, and all of the women who never saw fit to complain of being sexually assaulted by the President Elect until their accusations could do maximum harm and spark maximum exposure. Now we have Suprun, who penned a self-righteous op-ed for the New York Times explaining why he feels he is entitled, all by himself, to ignore the will of the people and cast his vote as elector for someone other than the candidate Texas insisted he pledge to vote for: the winner of the most votes by participating Texas citizens in the November 12 election.

The measure of Suprun’s gravitas and qualifications to take this responsibility on himself is aptly illustrated by the first of his justifications for his untenable position: “Mr. Trump goes out of his way to attack the cast of “Saturday Night Live” for bias.” Naturally, he appeals to the authority of Alexander Hamilton, whose various employments in the post-election train wreck has convinced me that he, not Old Hickory, really should move off the currency and make way for someone with the right number of chromosomes. If I hear one more quote from Federalist Paper 68—which no one is 100% certain that Hamilton even wrote—I may strip off my clothes and run screaming Norse epithets into the night. Assuming, as most do, that the author was Hamilton, so what? The paper was written after the Constitutional Convention. Hamilton’s concept for that document and the structure of the government was rejected. He didn’t trust the public, or democracy, wanted George Washington to be king, and championed a system the resembled Great Britain’s. Using him to justify a concept of the Electoral College that has never been employed or accepted in the United States is a classic logical fallacy. Continue reading →