admitting mistakes

Catching Up: Professional Ethics And The Challenger Disaster

/ Jack Marshall / 6 Comments

Because of non-ethical matters in the Marshall household, I missed posting about the January 28 anniversary of the Challenger disaster, as it is labeled among the thousands of Ethics Alarms tags. I have written about and alluded to the completely avoidable explosion of the Space Shuttle in 1986 many times (you can check here), and there may be no other incident that so perfectly encapsulates the complexities of professional ethics, especially in a bureaucracy. In 2016, I offered an ethics quiz on the topic.

In 2020, Netflix presented an excellent, if extremely upsetting, docudrama on how the fiasco unfolded, “The Challenger Disaster.”

I have used the tragedy in my legal ethics continuing legal education courses to force attendees to consider what might make them decide to breach legal ethics and place their careers at risk when an organizational client is hell-bent on what the lawyer knows, or thinks he or she knows, will be disastrous. Legal ethics rules are different from engineering ethics, though the latter has caught up considerably since the Space Shuttle explosion, and in part because of it. However, I view the ethics conflict in parallel situations in both professions the same, as well as situations in medicine, organized religion, the military, and government. When would, and should, professionals decide to do everything in their power to stop the consequences of a terrible decision when it is outside their role and authority to do so?

In my legal ethics seminars, a majority of lawyers ultimately say they would have done “whatever it took” to stop the Challenger’s launch, whatever the consequences, if they knew what the engineers knew. They said they would go to the news media, or chain themselves to the rocket if necessary. Of course, saying it and doing it are very different things.

Here is the most recent incarnation of my Challenger disaster legal ethics question, which I presented to government lawyers a year ago. What would you answer? It is called “The Launch.”

***

In 1986, Roger Boisjoly was a booster rocket engineer at Morton Thiokol, the NASA contractor that, infamously, manufactured the faulty O-ring that was installed in the Space Shuttle Challenger, and that caused it to explode. Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting “a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly warned his company that sending the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client. Another engineer, Bob Ebeling, joined Boisjoly and begged for the launch to be postponed, only to be overruled.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.”

Question 1:  Should one or both of the engineers have “blown the whistle”?

  1. They did.
  2. Only the engineer who was sure that it would be a disaster.
  3. No, that’s not their role, their decision, or their call.
  4. After the explosion, but not before.
  5. I have another answer.

 Question 2: How are the ethical obligations in such a situation different for government lawyers than engineers?

  1. Government lawyers have to disclose when human life is threatened, engineers don’t.
  2. Engineers have to disclose when human life is involved, government lawyers don’t.
  3. Lawyers get kicked out of their profession for blowing whistles, engineers just get blackballed.
  4. There is no difference.
  5. I have another answer.

An Epic And Unexpected Example Of How The Right Thing To Do Is To Undo A Bad Decision As Soon As You Realize that It Was A Mistake, And Not Worry About How Anyone Reacts, Who Says “I Told You So!”, Who Says You Shouldn’t Have Made The Mistake In The First Place, Or How Much You Are Tempted To Try To Make The Original Bad Decision Work Out Despite Knowing Deep In Your Heart That It Never Will…

/ Jack Marshall / 134 Comments

I am referring, of course, to President Donald Trump firing Anthony Scaramucci as his Communications Director today.

For the first time, President Trump has given future Presidents a positive role model to emulate. Almost no Presidents, indeed, almost no executives anywhere,  have the guts and competence to do this. Of course, I don’t know if any President has made as unbelievably bad an appointment before. Lincoln appointing George McClellan as his top general for the second time comes close.

Donald Trump seldom admits mistakes. There is no other way to interpret this stunning act (I first saw it in a comment on Ethics Alarms, and I thought it was satire), no matter what the President says, other than “I screwed up big time, and I had to fix it.” Neither Obama, nor Clinton, nor either Bush, nor Reagan were ever willing to do this hardest and most humbling of management acts.

Apparently General Kelly told the President that “Mooch” had to go, and he went. This is excellent news on multiple fronts. I assumed that Kelly would eventually demand loose-cannon Scaramucci’s head—it was so, so obvious that he was a walking, talking pathogen in an already sick White House culture. I did not think Kelly would act so quickly. This speaks very well for him: Davy Crockett would have approved too. Davy’s ethics formula was “Be sure you are right, and then go ahead.” Kelly was sure, and saw no reason to wait. There was none. Every second Scaramucci remained wild and free was a second closer to the next crisis.

It is also a wonderful sign that the President took his new Chief of Staff’s advice. Wow. I now have hope that he may be persuaded to give up stream-of-consciousness tweeting.

We can use this event as yet another test to assess just how biased various pundits are.  How many will have the integrity to say, as I do, that firing a Scaramucci as soon as possible is a competent and courageous example of good management, even if it was made imperative by the President’s own  head-explodingly terrible, incompetent and irresponsible decision?  My guess is very few. What they want to do is bash Donald Trump, and this certainly gives them ammunition.

I would ask them this, however: how often have you hesitated to admit a mistake and fix it, waiting and hoping that somehow it would work out, only having to fix the problem later after the predictable catastrophe occurred? And you weren’t doing this in front of the whole nation, with a pack of hateful journalists just waiting to heap ridicule and abuse on you for doing the right thing?

President Trump deserves praise for this. And if his example is followed by managers everywhere, it will be a better world in too many ways to count.

[I thought this was over-kill, however…]

 

The False Lesson Of The GOP Failure To Replace Obamacare

/ Jack Marshall / 25 Comments

“They called off the Charge of the Light Brigade, the incompetent fools!”

Ethics Alarms feels obligated to state what should be obvious, but increasingly is not, as abuse is heaped on the Republican House and President Trump for failing to be able, for now at least, to agree on a replacement/repeal/fix for the Affordable Care Act, “Obamacare” its close friends….enemies too, come to think of it.

The headlines on stories all over the web describe the lack of a GOP bill are brutal:The failure of the Republican health care bill reveals a party unready to govern (Vox)…Republicans Land a Punch on Health Care, to Their Own Face (New York Times)…Inside the GOP’s Health Care Debacle (Politico). Those are the nicest ones. The conservative media’s headlines are even more contemptuous. This only reflects how much the prevailing delusion on the Left and by extension the Left’s lapdog media and punditry, has infected political common sense, leaving a Bizarro World* sensibility about what ethical governing is about.

It may be futile to point this out from this obscure corner of the web, but hell, I’m a fan of quixotic endeavors: the House health care bill was a bad bill. Virtually everyone who examined it thought so. If the thing had somehow been passed by the Senate (it wouldn’t have been, so this meltdown just got all the abuse and gloating out of the way early) and signed by the President (who admits that he has no idea what a “good” health care system would be), it would have thrown millions of lives and the economy into chaos. It isn’t responsible governance to pass bad laws. (Why is it necessary to even say this?) It’s irresponsible. The Republicans wouldn’t show they were “ready to govern” by passing an anti-Obamacare bill that made a bad mess messier; they would have shown that they were fools, reckless and incompetent.

You know: like the Democrats when they passed the Affordable Care Act. Continue reading →

Ethics Quiz: Second Thoughts About An Ethics Hero Emeritus

/ Jack Marshall / 29 Comments

challenger-shuttle-disaster-crew

I periodically read random posts here from years ago, to check and see if I would make a different analysis today, and why. It almost never happens, which is good: though I may not trace all of the steps in every post, the systems, methods, models, values and priorities I use to assess various events and scenarios are established and consistent. I also check older posts when I am uncertain about a new version of an issue I have addressed before. Again, I am almost always struck by how closely my thinking then matches my approach now. I am also often struck by the fact that I don’t recall writing the earlier post at all. There are over 6000 of them, so I don’t feel too senile.

Today, however, I read this NPR story, about a previously unnamed engineer at NASA contractor Morton Thiokol who had been interviewed, with a promise of not being named, by NPR after the Challenger Space Shuttle exploded, 30 years ago. Now Bob Ebeling has finally come forward publicly, and allowed his name to be attached to his tragic story.The night before the launch, he and four other engineers had tried to stop it, because the weather was too cold—it was the coldest launch ever— and their research told them that that the rubber seals on the shuttle’s booster rockets wouldn’t function properly in the extreme temperatures. They begged for the launch to be postponed, but their supervisors and NASA overruled them.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.” It did.

“I was one of the few that was really close to the situation,” Ebeling told NPR. “Had they listened to me and wait[ed] for a weather change, it might have been a completely different outcome…NASA ruled the launch. They had their mind set on going up and proving to the world they were right and they knew what they were doing. But they didn’t.”

Thirty years ago, when Ebeling didn’t want his name used or his voice recorded,  he said he feared losing his job but that,”I think the truth has to come out.” After the interview, the investigations, and the law suits, he left the company and suffered from depression and guilt that has lasted to this day. He told NPR that in 1986, as he watched that horrible video again on TV, he thought, “I could have done more. I should have done more.”

Reading and listening to the NPR story, I agreed with him. He should have done more. I was about to write a post from that perspective, when I realized I had not only written about another engineer who had tried to delay the launch, but inducted him into the Ethics Alarms Heroes Hall of Honor. His name was Roger Boisjoly, and of him I wrote in part…

Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program.

My ethics verdict then? This:

“Can we accurately call Roger Boisjoly an Ethics Hero, even though he didn’t stop the launch? I usually don’t like to call people heroes for doing their jobs. If Thiokol and NASA had behaved ethically, competently and rationally, we would not know anything about his memo or him. He did the right things, as his duties demanded. He alerted management to a deadly problem in plenty of time to address it. When they went forward, he argued and protested, until the decision was final. Afterwards, he told the truth to investigators, so the decision-making problems could be addressed. In his world, in that bureaucracy, this—doing his duty, doing the right thing—took courage. He knew, I am certain, that his career would suffer as a result of his actions. Yes, that makes Roger Boisjoly an ethics hero.”

If Boisjoly was a hero, then so is Ebeling, though Boisjoly spent the rest of his professional life lecturing at engineering schools around the world on ethical decision-making, trying to prevent future disasters.

So please help me resolve a Present Jack vs. Past Jack conflict, by considering this Ethics Alarms Ethics Quiz:

Are Bob Ebeling and Roger Boisjoly really heroes?

Continue reading →

Ethics Quiz: How Do We React Ethically To THIS?

/ Jack Marshall / 72 Comments

"Oh, Naaaaancy! Naaaancy!

“Oh, Naaaaancy! Naaaancy!

Today,the Congressional Budget Office made this announcement, as reported by The Hill:

“The new healthcare law will cost the nation the equivalent of 2.5 million workers in the next decade, the Congressional Budget Office (CBO) estimated in a report released Tuesday. The nonpartisan agency found the healthcare law’s negative effects on the economy would be “substantially larger” than what it had previously anticipated. It said the equivalent of 2.3 million workers would be lost by 2021, compared to its previous estimate of 800,000. It also projected that labor force compensation would be reduced by 1 percent from 2017 to 2024 — twice its previous estimate — and that declining economic growth would add $1 trillion more to deficits.”

Well, of course. We, and by we I mean intelligent, objective people who pay attention to history and know how government programs work, knew this revelation, or some version of it, was coming along sooner or later. And yet, when the Affordable Care Act was being debated and railroaded through Congress–and that is a fair description of the strong-arm, gimmick-driven, dishonest and anti-Democratic manner in which  it was passed—critics who said the law would increase the deficit and the debt, not reduce them; that it would lose jobs, not create them, and that it would retard economic growth, not boost it were savaged by the media, commentators and Democrats, called obstructionists, cruel, liars and worse.

I particularly remember MSNBC’s Rachel Maddow, arguably the most credible of her far left colleagues, furiously railing, while serving as a reporter at the Republican National Convention, about the utter dishonesty of GOP speakers who kept saying—in defiance of the CBO projections, mind you!—that the AFA would increase the deficit, not reduce it. Chris Matthews, to give credit where it’s due, intervened and said, in essence, ‘Well, now Rachel, you have to admit that the record of big federal programs has not been good in this respect.’ No, she wouldn’t admit it. Continue reading →

Obamacare, “The March Of Folly,” And The Ethical Obligation To Accept Unpleasant Facts

/ Jack Marshall / 28 Comments

Charge+of+the+Light+Brigade+Cavalry+Charge

Today, while listening to the furious efforts of such liberal talking heads as E.J. Dionne (NBC’s Meet the Press), Donna Brazile (ABC’s Sunday Morning With George) and Juan Williams (Fox News Sunday) to explain why the Affordable Care Act disaster is not really a disaster and why it should be full steam ahead even as the legislation is unraveling before our eyes, my mind kept jerking back to two disparate sources. One was Barbara Tuchman’s “The March of Folly,” the celebrated historian’s 1985 examination of how governments persist in doomed policies long after it is obvious to all, including them, that the effort is not only futile but disastrous. The other was “Peanuts:”

Sincere

For this is what the bitter-enders regarding the Affordable Care Act have become. Because the absurdly flawed and over-reaching legislation was well-intentioned, and because it was sincerely designed to help people who need and deserve help, and because the hearts of those who rammed it through the process, ignoring warnings, systemic checks and balances, prudence and common sense, were pure, the law just has to work. Former White House spokesperson Robert Gibbs literally said this to David Gregory on “Meet the Press” this morning. There’s just no choice, he said. The administration just has to make it work, that’s all. Anyone who has read Tuchman, or who has been alive longer than Justin Bieber, should get chills to hear sentiments like that. Continue reading →

Ethics Dunce: Tony Kornheiser

/ Jack Marshall / 6 Comments

Ugh.

No pardon for you, Tony...

No pardon for you, Tony…

Tony Kornheiser is a sportswriter and humorist as well as a television and radio personality. I’ve been reading, watching and occasionally laughing at him since I moved to D.C. eons ago, when he was a Washington Post columnist. This post has nothing to do with sports, however, though the issue arose in a sports context. It has to do with the depressing fact that Tony’s mode of ethical analysis is still based on consequentialism and an ignorance of moral luck, and that he is, despite being an educated, erudite and clever man, typical of the public in this respect.

It is depressing, and thus I say, “Ugh.”

For the second time in two days,  the ten minutes I had time to watch TV randomly brought me to a discussion of umpire Marty Foster’s botched third strike call to end a close game between the Tampa Bay Rays and the Texas Rangers. Tony was arguing with Michael Wilbon on their hit ESPN show, “Pardon the Interruption.” [ Aside: And why did my channel surfing pause there? Because the project that has eaten my life the last couple weeks requires me to mention, in a speech, the HBO Larry David show “Curb Your Enthusiasm, ” and I keep wanting to say “Pardon the Interruption.” I blew it again last night, so naturally, the first thing I see this morning is the show I’m trying to purge from my brain.] They were debating whether Foster should be disciplined for his bad call, an idiotic issue, since the answer is “Of course not; are you nuts?” Umpires make hundreds of judgment calls every game, and mistakes are inevitable. As I wrote yesterday, Foster’s handling of this botched call was exemplary, because he admitted that he had erred. Punishing him or any umpire who misses a visual call would be unfair and destructive; such punishment could only be valid in the case of actual misconduct or negligence, as in the case of an umpire ignoring or not knowing the rules. Continue reading →

Ethics Quote of The Week: Umpire Marty Foster

/ Jack Marshall / 5 Comments

“I saw the pitch and of course don’t have the chance to do it again. But had I had a chance to do it again, I wouldn’t call that pitch a strike.”

—– American League Umpire Marty Foster, in the wake of the controversy over his game-ending strike call in the Texas-Tampa Bay game last night.

In other words, “I missed it. I was wrong.”

Strike Three?

Strike Three?

Good for Foster. His wildly inaccurate call was strike three on Rays batter Ben Zobrist, who thought that he had worked a base on balls. This would have placed Rays runners on first and second with two outs, creating a reasonable opportunity for the Rays to tie or win the game.  Instead, the Rangers got a gift. Rays manager Joe Maddon, in interviews and in a tweet to his followers, said, “That can’t happen in a major league game,” meaning that the call was beneath major league umpiring standards.  Of Maddon, Foster said,  “He was frustrated and I understand .He acted probably the best he can under that situation.”

Obviously, there have been many, many worse calls, nearly as bad calls, and only a smidge better calls, and there will be this season. In the vast majority of those, umpires have and will remain mum, maintaining that they were in the best position to judge the pitch or the play, and that even video showing their gaffes are misleading. Foster, however, did the hardest thing for many of us: admitting a mistake. Admitting so, to himself as well as the world, doesn’t make him a worse umpire; it makes him a better one.

Note: I apologize for the sparse postings the last few days. I am involved in a night and day project that is preventing me from doing thinking and working on anything else…even baseball. Naturally, the only game update I happened to watch, at 2:20 AM, was an ethics story.

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Sources: NBC Sports (and Graphic); Townhall