Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading

Once Again, Baseball Agent Conflicts Are Hurting Players Who Don’t Understand Why

Baseball writers are the tools of baseball player agents, useful idiots who write on and on about the underpaid millionaire players and the unfair owners, who won’t pay them what they “deserve.” They scrupulously avoid educating readers about the unethical player agents who manipulate the system and the players for their own benefit, not their clients.  I have written about the unregulated and largely ethics-free baseball agents before, but their conduct this off-season is unusually revolting.

At the top of the list, as usual, is mega-agent Scott Boras, who cleverly treads the line between being an agent and a lawyer—he is both—while having too many stars under his thumb for the sports organizations or bar associations to hold him to account. For example, as a lawyer, Boras would be absolutely bound to tell his clients about a settlement offer, and would be subject to disbarment if he rejected an offer without communicating it to his client (you know, like you regularly see lawyers doing on TV and in the movies). However, there are no player agent rules that require an agent to communicate a team’s salary offer to a player. Agents can, and presumably do, reject offers without their clients ever hearing about them. This, of course, avoids the problem of a baseball star saying, “Oh, hell, that’s more money than I could ever spend anyway. I know it’s less than we talked about, but go ahead and take it.”

Agents have conflicts of interest so grand, and apparently so little understood, that meaningful consent from the client, theoretically the remedy, is virtually impossible. Let’s look at Bryce Harper, Boras’s client who is seeking more than $300 million dollars over a ten year guaranteed contract. Harper is 26 years old and has already made 49 million dollars, not counting endorsements. The functional utility of each dollar he earns is less than the one earned before in his situation. Realistically, there is very little difference between a $250,000,000 contract and a $300,000,000 contract to Harper, except from an ego perspective. The extra 50,000,000 won’t make any difference to him. Boras, however, is a different matter. Let’s say his cut of Harper’s salary is 5%.  He’ll get 15,000,000 if Harper signs for the high figure, but “only” 12,500,000 if Harper agrees to the lower figure. $2.5 million means nothing to Harper: he could throw it down the toilet, and wouldn’t feel a thing. The difference to Boras, however, is much greater in practical, and add to that the marketing advantage of being able to tell potential clients that he set the new all-time record for a free agent contract for his client. Continue reading

Question: How Do You Prove That The News Media Lies To You?

Answer: Know a lot about something.

This is about baseball, and is a little technical, so I’ll try to be brief for you (unfortunate) non baseball fans.

Manny Machado is a 26 year old super-star baseball player who just signed the biggest free agent contract in MLB history, a guaranteed 300 million dollar deal for ten years with the San Diego Padres. Baseball writers have been trying to get free agents huge contracts this whole off-season rather than just reporting on the negotiations and signings. Why? Because sports journalists are overwhelmingly pro-labor, pro-union, and anti-ownership, aka. business, capitalism, billionaires. (The players are just millionaires, so they’re cool.) The writers and sports pundits have been working overtime to get public opinion on the side of the players, even though the huge salaries make being a fan more expensive, especially for families.

After Machado signed, the pundits on the MLB cable channel put up a graphic justifying the contract by showing that Machado had a comparable WAR—that’s statistically-calculated wins his teams got (theoretically!)  by having Machado playing rather than some borderline, mediocre shlub—to all-time greats like Willie Mays by the same age. The chart was a lie, but you had to know something about baseball history and how they calculate a player’s WAR to realize it. Continue reading

Afternoon Ethics Round-Up, 2/12/2019: It’s Kamala Harris Day, Among Other Things…

Howdy…

1. Without the decency to say, “Well, we didn’t find anything.”  From CNN: “After two years and 200 interviews, the Senate Intelligence Committee is approaching the end of its investigation into the 2016 election, having uncovered no direct evidence of a conspiracy between the Trump campaign and Russia, according to both Democrats and Republicans on the committee.”

The honorable, fair and honest thing for Senate Democrats (and Democrats generally) would be to state clearly and unequivocally that they found no evidence of “collusion,” and therefore were going to stop insinuating that collusion took place. But these are not honorable, fair and honest people, but people who are determined to undermine public trust in the President, elections, the government and democracy, because they would rather have power in a ruined, crippled government than not have power at all. Thus Committee co-chair, Sen. Mark Warner, D.-Va.,  told reporters, “I’m not going to get into any conclusions I have, [but] “there’s never been a campaign in American history … that people affiliated with the campaign had as many ties with Russia as the Trump campaign did.”  This ranks among the most weaselly statements in recent memory. “Ties” is a deceitful term wielded by the news media—by its definition I have ties to Russia. People “affiliated with the campaign” having business dealings with Russia or Russians, or communications with Russia, are not the same as the campaign having “ties” to Russia. Warner’s statement is, at its most trivial, sour grapes, and at its worst, a deliberate smear.

One Democratic Senate investigator told CNN (anonymously of course),”Donald Trump Jr. made clear in his messages that he was willing to accept help from the Russians. Trump publicly urged the Russians to find Clinton’s missing emails.” After all this, that’s the smoking gun? An obvious, off the cuff joke Trump made on the stump? “We were never going to find a contract signed in blood saying, ‘Hey Vlad, we’re going to collude,'” another Democratic aide sniffed. This is, of course, a dishonest version of Hillary’s “It wasn’t the best decision” (referring to her illegal decision to hijack official emails into a private server) rationalization. No, Hillary, not only wasn’t it the best decision, it was a terrible, suspicious, indefensible decision, and no, anonymous partisan hack, you were not only not going to find a contract signed in blood, you weren’t going to find any evidence of illicit, illegal, impeachable contacts at all.

The Democratic Party has allowed its defeat in 2016 to rot the party and its supporters to the core.

2. Baseball and lawyers! As I discussed here, Baseball’s Today’s Game Committee (formerly known as the Veterans Committee) elected OF/DH Harold Baines to the Hall of Fame in a decision that was not only logically indefensible, but obviously tainted by conflicts of interest and the appearance of impropriety, since associates and friends of Baines dominated the voting process. Now one of the pro-Baines voters, Hall of Fame manager Tony LaRussa (full disclosure: he works for the Red Sox now) has written an article  defending the decision. What is interesting about the article is that LaRussa, though few remember this, is trained as a lawyer, and his defense of picking Baines uses one legal advocacy device after another. Bill Baer, at NBC Sports, isn’t a lawyer, but he does an excellent job with his reply brief to LaRussa’s tortured and statistically deceitful arguments.

3. Let’s start a pool! Which of the gazillion Democrats running for President will commit the most verbal gaffes and require the rationalized defense, “Well he/she still doesn’t lie as much as Trump does!”? Obviously Joe Biden will be a popular choice for the title, as his foot is more or less positioned in his mouth up to the knee, but I think it will be a very competitive contest. For example (from Reason): Continue reading

Ethics Warm-Up, 2/8/2019: Coming Out Of My Green New Deal-Induced Coma Edition

Good afternoon!

Sorry; this was all set to go up by 10 am until I read the Green New Deal, and it sent me back to bed.

1. Green New Deal-related, he typed warily: Let’s see if the news media and pundits are as scrupulous about transparent flip-flops when they come from a cute socialist. During an interview with NPR, host Steve Inskeep pointed out to Rep. Ocasio-Cortez how much government involvement it would take to implement the so-called Green New Deal,” She responded,

“It does, it does, yeah, I have no problem saying that. Why? Because we have tried their approach for 40 years. For 40 years we have tried to let the private sector take care of this. They said, ‘We got this, we can do this, the forces of the market are going to force us to innovate.’ Except for the fact that there’s a little thing in economics called externalities. And what that means is that a corporation can dump pollution in the river and they don’t have to pay, but taxpayers have to pay.”

Then, a few hours later, Chuck Todd that same day asked Ocasio-Cortez about the same issue: wouldn’t this require a massive government take-over of private enterprise? This time, she resorted to Authentic Frontier Gibberish and said:

“I think one way that the right does try to mischaracterize, uh, what we’re doing as though it’s, like, some kind of massive government takeover. Obviously, it’s not that, because what we’re trying to do is release the investments from the federal government to mobilize those resources across the country.”

When the truth proves unpalatable, resort to double talk. There is no reason to trust anyone who does this. They are trying to deceive you.

2. But—But–I thought putting Kavanaugh on the Court meant that abortion was doomed, since all the justices appointed by Republicans vote in lockstep! The issue was whether a Louisiana law that required doctors to have admitting privileges in hospitals before they could provide abortions should be stayed pending a Supreme Court challenge. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh wanted to deny the stay, with Kavanaugh writing in part,

[E]ven without a stay, the status quo will be effectively preserved for all parties during the State’s 45-day regulatory transition period. I would deny the stay without prejudice to the plaintiffs’ ability to bring a later as-applied complaint and motion for preliminary injunction at the conclusion of the 45-day regulatory transition period if the Fifth Circuit’s factual prediction about the doctors’ ability to obtain admitting privileges proves to be inaccurate….

The law has not yet taken effect, so the case comes to us in the context of a pre-enforcement facial challenge. That means that the parties have offered, in essence, competing predictions about whether those three doctors can obtain admitting privileges….

Before us, the case largely turns on the intensely factual question whether the three doctors—Doe 2, Doe 5, and Doe 6—can obtain admitting privileges. If we denied the stay, that question could be readily and quickly answered without disturbing the status quo or causing harm to the parties or the affected women, and without this Court’s further involvement at this time…. [D]uring the 45-day transition period, both the doctors and the relevant hospitals could act expeditiously and in good faith to reach a definitive conclusion about whether those three doctors can obtain admitting privileges….

Roberts joined the four Democratic appointees—the liberal wing, natch—to allow the stay. Conservatives are horrified, but all this means is that he’s evaluating the case on its merits as he sees it, not following a pre-determined ideological script in lock-step fashion, like, say, the four liberal justices he voted with.

It’s called integrity and independence. Good for Roberts. Maybe he can persuade other justices to view their roles similarly. Continue reading

Morning Ethics Warm-Up, 1/31/18: To Be Honest, This Is Yesterday’s Warm-Up That I Was Too Sick To Write…

This isn’t how I look. This guy looks BETTER than I look…

Today I feel like one of those guys I used to see nodding of in a heroin haze when I lived on Capital Hill…

1. Governor Ralph Northam endorses infanticide. Said Virginia’s Democratic Governor this week, explaining a bill that barely failed to pass in the Virginia legislature, “[Third trimester abortions are] done in cases where there may be severe deformities. There may be a fetus that’s nonviable. So in this particular example, if a mother is in labor, I can tell you exactly what would happen,” Northam, who is a pediatric neurosurgeon, told Washington radio station WTOP. “The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.” How can this possibly be interpreted as  anything but post birth euthanasia? Marco Rubio tweeted, “I never thought I would see the day America had government officials who openly support legal infanticide.”

Really? I did. The pro-abortion movement has been moving relentlessly to this point for decades. (New York just legalized late term abortions.)If progressives and feminists want to see Roe v.Wade substantially weakened by the Supreme Court, this is the  way to guarantee it. Of course, Northam gives all sorts of indications that he might be an idiot. His response to the predictable criticism of his statement was this tweet:

“I have devoted my life to caring for children and any insinuation otherwise is shameful and disgusting.

Yeah! Why would anyone question my devotion to  children just I advocate killing the ugly ones right after they are born? After all, they’ll be made “comfortable” until they die. (I have to admit, the “comfortable” bit really annoys me, as if that mitigates what is being done.) Continue reading

Twitter Ethics, “Punching Down” Ethics: The Trevor Bauer Affair

The Pitcher And his Non-Fan

So it’s come to this. It isn’t enough to use past juvenile tweets as a means to shame and subordinate professional athletes. Now the sportswriting establishment is lobbying for teams to exercise control over their social media conduct and style even when no slurs or even alleged slurs are involved.

Trevor Bauer is an established major league starting pitcher for the Cleveland Indians, finally emerging a s star after many years of dreaded “potential.” He’s not a kid–he’s 27—but in his public dealings and image be appears to be about 14. There’s nothing wrong with that at all. He plays a kid’s game, and young sportswriters cheer players now who make faces, preen, trash talk and engage in extreme on-the-field celebrations. Dignity on the field is considered passe, a problem for baseball. Be out there! Show personality!

Ah, but some sportswriters have decided that they are the arbiters of what kind of eccentricities are acceptable, even off the field. For some reason, sports media like NBC Sports and ESPN have decided to pollute sports reporting with the unqualified declarations of woke and aspiring social justice warriors.  I know not why, unless it is part of the full immersion progressive indoctrination strategy that the news media has joined.

At NBC Sports, two baseball writers, Bill Baer and Craig Calcaterra, are such devoted leftist propagandists that any regular reader can predict their screeds before reading them. If the baseball page isn’t just lifting news unaccredited from other sites (MLB Trade Rumors, diligent, competent, and blissfully politics free, is the main victim), Baer or Calcaterra are making arguments that Rep. Oacsio-Cortez would endorse in a heartbeat. For example, they believe that it is travesty of justice that team owners aren’t willing to pay millionaire players what the players feel they “deserve” rather than what is prudent for the owners’ budgets and what makes sense based on reasonable assessments of a players’ value.

Recently Bill Baer decided to demand the Indians and MLB “do something” about Trevor Bauer. The full presumptuousness and arrogance of his argument cannot be appreciated without quoting him extensively, which I will do now, with periodic commentary. The post is headlined, “Indians, MLB need to take Trevor Bauer’s harassing tweets seriously.”

He begins by an unethical device called “poisoning the well,” using an irrelevant episode or accusation to pre-bias readers:

Indians pitcher Trevor Bauer is what we extremely online people call “extremely online” [which means] to inculcate oneself to Internet culture, including humor. Bauer exemplified this last year when he went to arbitration with the Indians. He wanted to file for $6.9 million, but …the right-hander was warned that the figure was too high and could result in him losing his case. He then wanted to file for $6,420,969.69. Why 69? As any teenager can tell you, it references a sexual position and that’s funny stuff on the Internet. Why 420? Well, that references April 20, or 4/20, a day of celebration for marijuana enthusiasts…Bauer started “The 69 Days of Giving” in which he would donate $420.69 daily to a different charity. On the 69th and final day, he pledged to donate $69,420.69 to a secret charity. So, that gives you a bit of a picture of Bauer’s personality and sense of humor. .

Oh, who cares? I love “offensive jokes” that have to be explained so people can find them offensive. The encomium that “if you detect a dog whistle, you’re the dog” seems apt here. Who, except geeks like Baer, look for coded drug and sex messages in salary demands? But Baer was just getting warmed up…

That was mostly fine until two days ago when Bauer responded to a critic on Twitter. The critic, a baseball fan named Nikki, wrote of Bauer, “My new least favorite person in all sports,” tagging Bauer’s Twitter account (@BauerOutage). Bauer responded, “Welcome to the fan club” and included a kiss emoji. If that was the start and end of it, we wouldn’t be having this conversation. But Bauer persisted, repeatedly going after her. …Bauer also replied to Nikki’s tweets publically – direct replies can only be seen by those who follow both parties – which allowed all 134,000 of his followers to get in on the drama and chime in. Bauer was repeatedly inviting his fans to harass Nikki on his behalf, and they did. Nikki ended up temporarily deleting her account. Responding to a Bauer fan who criticized her for deleting, Nikki wrote, “Sorry I didn’t like being told to kill my self for 4 days straight. You’re right. I’m so soft.”

…Why is Bauer’s behavior wrong? Simply put, it’s because there’s a power imbalance and Bauer exploited that to harass a woman, a baseball fan. Even after the online fracas with Bauer, Nikki has only 600 followers. Only a handful of people would go to bat for Nikki, but even a tiny percentage of Bauer’s 134,000 followers going after Nikki constitutes a gross amount of abuse. Let’s say that only 0.5 percent got involved. That’s still 670 people — more than Nikki’s entire follower count. It’s tough to get an actual count of just how many people were in Nikki’s mentions as a result of her interactions with Bauer, but a cursory search shows it’s quite a lot.

In short, Bauer wielded his power – his fame and online influence – improperly and unfairly towards Nikki. He bullied her. It is also notable that Bauer chose to obsess this way over a female critic. He has never gone to this length to challenge a male critic.

Now that Bauer has gone Full Social Justice #MeToo Virtue-Signaling Avenger, let’s unpack this.

First, this isn’t “harassment” by any legal or ethical definition. The woman, who for all Bauer knew could have been  a dog, or President Trump, gratuitously attacked him, calling him in an early tweet, ” a professional athlete that tweets like a 16 year girl on her period.”  Should Bauer have taken the bait and engaged in a nasty exchange? It was unwise. It was imprudent. It was tit-for-tat. However, the playing field was Twitter, and the fan voluntarily engaged him on it. Baer’s argument makes no sense: he is arguing that a non-celebrity can attack a celebrity online and in social media, but if the celebrity strikes back in kind, it’s “punching down.”

Balderdash. Continue reading

Ethics Hero: The New York Yankees

(Boy, do I hate having to post this.)

Aging Yankee starting pitcher CC Sabathia was ejected from his final start of the 2018 season for intentionally throwing at and hitting an opposing batter. This meant Sabathia would fall a couple of innings short of  pitching his 155th inning for the year, which would have triggered a half-million dollar bonus bonus. Not the CC needs the money: the not-quite-Hall of Fame caliber hurler has already earned about a quarter of a billion dollars plying his trade, and he’s still in his thirties.

Nonetheless, the Yankees decided that CC has been a loyal and exemplary employee, so they decided not to be technical about the bonus provision, and gave him the $500,000 anyway.

This is pure gratitude and generosity, and much as I detest the New York Yankees, attention must be paid. The Yankees have no reason to try to suck up to CC, who is already signed for next season and who is probably going to retire after it. They are simply signaling that they appreciate what Sabathia has done for them, the city and Yankee fans, and acknowledging that he lost those last few innings “protecting his team mates,” according to the ancient, often stupid, unwritten rules of baseball.

Still, a half-million bucks is one hell of a Christmas bonus.

 

Morning Ethics Warm-Up, 12/14/2018: PolitiFact Lies About The Lie Of The Year, And What’s This Taboo Stuff Bing is Blathering On About?

Good morning.

1. So you think baseball ethics controversies end with the season? Not at Ethics Alarms!

  • Did you know that baseball has its own Colin Kaepernick, sort of? Free-agent catcher Bruce Maxwell can’t find a team, though he was once considered the front-runner to be the Oakland A’s starting catcher.  In 2017 Maxwell,  who is white, became the first and only major leaguer to kneel during the National Anthem. The buzz coming out of baseball’s winter meetings was that taking a knee was enough to make him persona non-grata among baseball owners.

Of course, the fact that Maxwellwas arrested on a gun charge in 2017 and later pleaded guilty to disorderly conduct, and also played poorly last season in the minor leagues doesn’t help. “This is not a Colin Kaepernick situation, said an anonymous source at the meetings. “This is if Colin Kaepernick had knelt for the anthem and also been arrested for a gun crime.”

Except that things like gun crimes are not that big a deal in the NFL…

  • In a debate with baseball commentator Christopher “Mad Dog” Russo, Hall of Fame manager Tony LaRussa inadvertently gave a lesson in why conflicts of interests are a problem while simultaneously showing that he has no idea what a conflict is. Russo correctly protested that Harold Baines, recently a shock election to the Baseball Hall of Fame by a 16 member committee that included  close associates of Baines, was unqualified, and noted that several members of the committee, includiing Baines’ long-time manager LaRussa, had a conflict of interest. LaRussa’s rebuttal: “Do you think the people who know him better than the average expert, fan or even other baseball executives, have actually been teammates with him … when they speak with more knowledge about the type of player he was, I think that speaks more to his credit, not less.”

No, Tony. Those who knew and admired him are biased, and Baines should have been elected or not elected by a panel that knew him no better or less than it knew the other candidates. That Baines’ pals have inside knowledge that he, let’s say,  likes puppies, always held the door open for the manager’s mother, once bailed a team mate out of jail and often played despite a sore toe has nothing to do with his qualifications for the Hall. And LaRussa has a law degree! Maybe this explains his ultimate career choice. Continue reading

Cold Monday Morning Ethics Warm-Up, 12/10/18: You’ve Got Ethics To Keep You Warm!

Brrrrr!

Maybe this will help...

1. Starting with the important stuff: Baseball’s badly-named Today’s Game Era Committee announced that long-time right-fielder/designated hitter Harold Baines and towering closer Lee Smith had been voted into the Major League Baseball Hall of Fame. Smith, who retired as the all-time saves leader and is now third behind two Hall of Famers, was a defensible pick, but not Baines. The Committee’s job is to look back on players who were rejected in the regular Hall of Fame voting process and see if some of them fell through the cracks who were Hall caliber. There are only 16 members of the committee, and an ex-player needs 12 votes to enter Cooperstown. The sixteen members included at least four with strong ties to Baines, and they  presumably argued eight more members into letting him squeak by.  Bias made them stupid. Those four, which included Baines’ former manager and the owner of the Chicago White Sox, which retired his number, should have had to recuse themselves because of conflicts of interest.

Baines led the league in an offensive category, once, when he had the best slugging percentage in the American League. He never finished high in the Most Valuable Player voting. Most of the players who compare most closely to him are not in the Hall. The big thing Baines had going for his candidacy as a very good but not great player was that everybody liked him. He’s sort of the opposite of Curt Schilling, who is clearly Hall-worthy but whom most sportswriters hate—too religious, too conservative, too mouthy.

Now the argument for admitting other good but not great players will be, “But he was better than Harold Baines!” This is how conflicts of interest undermine the integrity of institutions.

2. When Naked Teachers have no excuses.  The Naked Teacher Principle holds that when a teacher allows a nude photo of herself or himself to circulate on the web where it can be seen by students, that teacher cannot complain when and if it leads to their dismissal.  A teacher really can’t complain if she sends the photo to a student intentionally, which is what Ramsey Bearse, 28, a former Miss Kentucky now teaching at Andrew Jackson Middle School in Cross Lanes, West Virginia, did with a 15-year-old former student , according to the sheriff’s office. She faces four felony counts of distributing or displaying obscene matter to a minor.

3. Pondering whether to include an open Ethics Alarms forum as a regular feature. Many of the blogs I frequent for story ideas do this late at night. Ethics Alarms has done it once when I was forced to be away from a keyboard for most of the day, and I was impressed with the results. Those forums on the other blogs often devolve into silliness, bad jokes, memes and worse, and I would insist that an “open forum” on Ethics Alarms be restricted to raising and discussing ethics and ethical topics. Continue reading