Ethics Dunce, One Way Or The Other : Former Yankee Slugger Mark Teixeira

Mark and Robbie…

Major League Baseball is still buzzing about the shocking half-season suspension of Seattle Mariners second baseman Robbie Cano, which I wrote about here. Among the more unethical buzzes were the comments from former New York Yankee star Mark Teixeira, now a baseball analyst for ESPN, who played with Cano before he left the Yankees as a free agent. Asked about Cano’s testing positive for an agent used to mask steroid use, Teixeira said,

“Yeah, I don’t really want to get into too much detail. I love Robbie. I’m just not surprised. I don’t really want to go too much further, but I think a lot of people are kind of saying the same thing….Let’s just use this situation here. Robbie Cano’s assistant was on the list for Biogenesis. [Biogenesis was the sports medicine clinic involved MLB’s 2013 PED scandal that resulted in the suspensions of 14 players, including Yankee superstar Alex Rodriquez and former National League MVP Ryan Braun.] Now, of course, [Cano] had an assistant, you know, buy stuff for him. Alex Rodriguez got popped by Biogenesis, and [former Yankees outfielder] Melky [Cabrera] got popped. They were best friends. When someone gets lumped into that group, it’s because there’s evidence. There’s a paper trail. There’s a smoke trail.”

Foul. Continue reading

Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition

Gooood morning Pyongyang!

…and everyone else too, of course.

1. ” Winning.” How many in “the resistance” and the news media are rooting, secretly or openly, for the North Korean talks to fail? Based on the tone of some premature gloating on social media and news reports after North Korea threatened to pull out of talks, I think “many” is the fair answer. Other recent headlines and news stories also point in this direction, like “Improving Economy A Problem For Democrats.” (No, an improving economy is not a problem for any Americans, unless they care about their own power more than their country.)

This is especially revolting ( and hypocritical) from the same people who 1)  falsely attributed Rush Limbaugh’s indefensible statement in 2008 that he wanted Obama to fail to the entire Republican Party (I condemned Limbaugh’s statement at the time) and 2) used it to feed the narrative that conservatives who opposed that Presidents left-ward policies were doing so out of personal and racial antipathy.

A President’s success–as in “being proved correct” or “getting lucky,” it doesn’t matter which— makes it more likely that policies you don’t like will be continued? Suck it up and cheer like the good citizen you are. His accomplishments make it less likely that your favorite politician will get elected? Cry me a river: your duty is to care about your nation and fellow citizens first. That you are on record that—okay, still think that—this Presdent has crap for brains and you wouldn’t shake his hand without gloves makes you look less wise and prescient than you would have if he fell flat on his face? Cue the world’s smallest violin, have some integrity, and grow the hell up.

2. Ken Burns ethics, and FDR. In this post earlier this year, I scored documentary whiz Ken Burns for the hagiography of Franklin Roosevelt that marred his otherwise superb “The Roosevelts.”  “The smoking gun for me,” I wrote, “is that despite ten and half hours, Burns somehow never found time to highlight FDR’s internment of American citizens solely because they were of Japanese ancestry. The civil rights outrage is only alluded to in passing, as part of a list from a biographer preceding the nostrum, ‘All great leaders make mistakes.’” That critique stands, but it is slightly unfair, I subsequently discovered. Burns covered the internment of Japanese Americans extensively in an earlier, also excellent, PBS series, 2007′ s “The War.”  Even that section, however, avoided laying proper accountability for the debacle at President Roosevelt’s feet.  I watched the documentary over the past two days, and the deceit is really extraordinary.  The narration keeps referring to Executive Order 9066, without specifically saying whose order it was, like the thing appeared on its own. Here, Ken, let me fix this for you:

President Franklin D. Roosevelt ordered the imprisonment of tens of thousands of American citizens of Japanese ancestry and resident aliens from Japan in concentration camps (“internment” is a euphemism and a cover word, like “pro-choice”) with towers and guards with loaded rifles. Though some German-Americans and Italian-Americans were imprisoned as well, far fewer were taken. The risk they posed was not considered as great, because they were white.’

Executive Order 9066 wasn’t rescinded, incredibly, until February 19, 1976, by President Ford. The Supreme Court decision upholding the order, Korematsu v. United States, 323 U.S. 214 (1944),has never been overturned. In that case’s 6–3 decision approving the abrogation of American citizen rights with fear as the justification, six of FDR’s eight appointees—you know, the liberals—  sided with Roosevelt, and against the Bill of Rights. Continue reading

Morning Ethics Warm-Up, 5/11/2018: The Yankees Get Nasty, The Times Keeps Distorting, Rudy Is Sacked, And Dangerous Advice From An HR Expert

A lovely May morn to all!

1 As I have always said, the Yankees are evil. Most serious baseball fans,  and presumably all Baltimore Orioles fans, remember how in the 1996 ALCS play-offs,  a young New York Yankees fan named Jeffrey Maier turned what should have been a crucial out for his team into a game-tying home run by Derek Jeter in the 8th inning of Game 1, by reaching over the fence and catching the ball before it could fall into O’s rightfielder Tony Tarasco’s glove. This was interference, but it was before the challenge and replay rule, and the umpires, as is too often the case, missed the play. The Yankees won the game, the series and the World Series, and the Yankees and their city celebrated Maier as a hero—for, in essence, cheating on their behalf. The rules announced at the beginning of each game dictate that such conduct will result in an offending fan being thrown out of the stadium, but never mind: the ends justify the means, consequentialism, moral luck, double standards, hypocrisy…readers here know the litany. Misconduct was rewarded and extolled because everyone loved the result. New York, New York!

Now let’s go forward 22 years to last night’s tense game between the Yankees and their eternal rivals, the Boston Red Sox, also in Yankee Stadium (the new version.) The Yankees, as they had the previous two nights, rallied late against the hapless Boston bullpen and tied the game, 4-4, in the 7th inning. In the Sox 8th, J.D. Martinez hit a lazy fly that just got over the short right field fence and leaping gargantuan Yankees rightfielder Aaron Judge’s glove, into the outreached glove of another young fan, except that this one did not reach over the fence, and did not, as the replay showed clearly, interfere with Judge in any way.

Ah, but the home run he caught was hit by a Red Sox player, and put the Yankees behind in the game, after the fans’ hopes had been raised.

Yankee Stadium security hauled the fan out of the stadium.

The Red Sox won the game.

Good.

2. The Good Illegal Immigrant on stage…just to remind us of how pervasive false narratives are..I have kept an April 10 New York Times feature around just to raise my blood pressure in case I need a jolt. The article hails “Miss You Like Hell,” a new musical produced at Manhattan’s Public Theater. The show is about the pain and suffering endured by people who are in the United States illegally, having presumed to take what they want in defiance of our laws and policy, but no sense of wrongdoing is even hinted at in the story. The Times uses the deceitful cover-phrase “undocumented immigrant,” which was devised deliberately to blur the illegal immigration issue.

Today, as has been increasingly the case throughout the news media, a front page Times article uses “immigration” interchangeably with “illegal immigration.” This, of course, advances the lie that the those who oppose illegal immigration—that is, those who oppose law-breaking without consequence as national policy–are anti-immigrant.

This same story was headlined by the Washington Post, “Trump unloads on Homeland Security secretary in lengthy immigration tirade.” Continue reading

Ethics Quiz: The Child-Molesting Pitcher

Luke Heimlich is a rising college baseball star pitcher at Oregon State,  and may well have a future in Major League Baseball. There is a problem though:  Heimlich, 22,  pleaded guilty to  sexually molesting his 6-year-old niece when he was 15 years old. The further complication: he denies that he committed the crime, which was not just one incident but a pattern over two years. He told The New York Times that he only pleaded guilty to ” for the sake of family relations.” “Nothing ever happened,” he told the paper. The girl’s mother, however, says there is no question that he was guilty.

I’m tempted to say that it’s no wonder he pleaded guilty when he was 16. One of the charges was dropped and he was placed on two years’ probation, took court-ordered classes and had to register for five years as a Level 1 sex offender, which in the state of Washington means a low risk to the community. He had to write a letter apologizing to his niece. After five years, the records were expunged and he no longer has to register as a sex offender. What a deal!

Last year story was broken by the newsmedia, and now there is a controversy over whether Heinlich should be allowed to play college baseball. Brenda Tracy, a victims’ rights activists, asked the Times,

“What kind of message does that send our kids?” she asked. “We have now normalized this behavior. The feeling at Oregon State right now is that our team is winning, so they’ve moved on. What does that say to the little girl in this case? What does it say to all survivors?”

Then there is my concern: what does it say about this man’s character that he pleaded guilty to get a lenient deal, and now blandly says that he was lying? I’d view him as more trustworthy if he admitted the crime, was remorseful and repentant, and accepted responsibility. If he did molest the girl, and still denies it, one can hardly say that he has been rehabilitated.

Your Ethics Alarms Ethics Quiz of the Day:

Should Luke Heimlich be allowed to play college baseball?

I’d like to see the polling on this…

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading

Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition.

Good Morning.

This, the annual March-April Ethics Alarms traffic dip, is when writing the blog becomes a job, not a joy. I really have to learn to stop caring about click, follower and share stats. It’s pure ego—well, that and the fact that my wife keeps telling me that I should be spending the time on billable matters, or getting books out to publishers.

1. Ethics Observations on the Syria bombing:

  • I teach in my seminars that often decisions made early in ethical dilemmas cause future ethical decisions to become impossible, because only less-unethical ones remain. U.S. and international   policies regarding Syria  are as good an example of this phenomenon as there is. The United Nations, if it wasn’t worthless, would  have intervened to stop the humanitarian catastrophe early in the Syrian civil war. This isn’t hindsight: plenty of experts were saying so at the time. When it became clear, years ago, that this was a bloodbath tidal wave that was destabilizing the whole region (as well as killing untold numbers of civilians and children), U.S. led pressure should have been brought to bear on Assad. Now there are literally no good choices, nor ethical ones.

The United Nations is worthless, as well as toothless, gutless and principle free. If there was any justification for such an organization, it should be to prevent carnage like we have seen in Syria.

  • The U.S., British and French response to Assad’s use of banned chemical weapons was unavoidable, especially after President Obama had been thoroughly embarrassed and discredited by ignoring his own “red line” statement, and after President Trump had made his own veiled threats that amounted to “red line” pledges of his own.

Democrats were going to mock Trump if he did not have a military response to the latest chemical weapons war crime, and they are now criticizing Trump for following through. In doing so, they only make their own fecklessness, hypocrisy and expediency more obvious, if that were possible.

  • Was Assad emboldened by the President’s comments about how he was preparing to pull the military out of Syria? Who knows? Announcing troop movements in a combat zone before they occur is irresponsible and incompetent.

Obama did it repeatedly. Criticism of Trump’s equivalent conduct is valid.

  • Trolling the news media, the President used the phrase “Mission Accomplished!” after the attacks. Good. There is nothing wrong with the phrase, and the mission was accomplished. The mockery of President Bush for a banner he did not have anything to do with was a dastardly media hit job. Ann Althouse’s theory:

Trump is completely aware of how Bush was punched around for using that phrase in a celebration of a specific mission that in fact was accomplished, and he would like the naysayers to come after him the way they came after Bush, and when they do, he’ll show us all how to handle that kind of anti-military negativity.

  • Conservatives are angry about the bombing, even the ones who mocked Obama for being a weenie when Assad called his “red line” bluff. Alex Jones was actually weeping about the raid on his show . These people really are old-style Fortress America isolationists, and want the United States to abandon its traditional mission of being the world’s champion of the abused and helpless while modelling the ideals of democracy.

The non-interventionists are wrong. The ethical optics of the United States and Great Britain and France punishing a brutal dictator who flouts international law are perfect.

  • From the other side of the aisle, some Democrats are whining about the attack being unconstitutional, so some unscrupulous left-biased journalists are spreading the word. Now, the War Powers Act may be unconstitutional, but as long as it’s in force—and Democrats share responsibility for its continued existence—this is just more double-standard hypocrisy aimed at President Trump. The War Powers Act allows the President to take some military actions based on exigencies, as long as they do not extend into a protracted engagement.

This is why “Mission Accomplished” is an especially appropriate message. Continue reading

Baseball Brawl Ethics [UPDATED]

I noted in the Morning Warm-Up that last night’s Red Sox-Yankee rumble put me in a good mood. I should elaborate: it’s not because I like seeing a New York Yankee player get a fat lip, although I do. It is because such episodes are usually rife with ethics good and bad, and this one was no exception. Here it is again…

It began with an earlier play. Yankee rookie DH Tyler Austin employed an illegal slide when he was forced at second base. A few years ago, the Dodgers’ Chase Utley broke a shortstop’s leg while sliding into him hard to break up a double play. The ugly injury was on national TV, because it was in the play-offs, and Major League Baseball enacted a major rule change.

From the beginning of professional baseball, runners had been allowed to plow into infielders trying to make the pivot at second base and complete a double play like linebackers blitzing a quarterback. The resulting collisions often wrecked knees, ankles and careers, and a ridiculous tradition developed. Umpires allowed infielders to come off the bag before they actually received the ball for the force-out, as long as they were close to the base. The out was called anyway: it was known as the “neighborhood play,” because the infielder’s foot was in the neighborhood of second. After Utley’s slide, baseball made the attempt to interfere with the double play by slamming into the fielder illegal, with the consequence being that the double play was called complete whether the relay throw to first was completed or not.

Ethically, I applauded the rule change. For one thing, the take-out slide was already illegal: runners aren’t allowed to interfere with fielders according to the original rules, but take-out slides were tolerated, indeed encouraged anyway. As often happens when rules are ignored, integrity suffered, resulting in that absurd “neighborhood” convention. The so-called baseball purists complained, and still are complaining, but trading illegal-but-allowed hard slides that required calling imaginary outs and needlessly injured players for some gratuitous violence in a non-violent sport was always an unwise exchange.

So now a baserunner bearing down on second base when a double-play may be in progress has to slide  at the base, not at the fielder. But last night, Austin had his leg high as he slid, and spiked second baseman Brock Holt, Holt, who never threw to first, had words with the Yankee, and both dugouts emptied, though no punches were thrown. It was an illegal slide, no question about it, but because Holt wasn’t interfered with, the umpires did nothing. No penalty out was called. Austin wasn’t thrown out of the game.

This is when the ancient baseball code kicked in. A Yankee had tried to hurt a Red Sox player with an illegal slide, and had gotten away scot-free. If the Sox did nothing to retaliate, they would be showing weakness. I have literally  seen this plot a thousand times. I said to my wife, watching the game with me, “The Red Sox are going to throw at Austin, and there will be a fight.”

Sure enough, Sox reliever Joe Kelly, who throws pitches between 96 and 100 mph, threw a fastball into Austin’s back  later in the game. Austin charged the mound, as you can see, and all heck broke loose.

Ethics notes: Continue reading

Morning Ethics Warm-Up, April 11, 2018: Caesar’s Wife At The EPA, Idiots On The Air, And Dreamers Demanding Discounts [UPDATED]

Good Morning!

1. Forgetting to heed the “Caesar’s wife” Principle. Whatever one may think about EPA head Scott Pruitt’s controversial policy directions as head of the environmental agency, all ought to be able to agree on this: he’s an idiot.

Here is a cultural literacy test: How many Americans under the age of—what, 45? 60? 104?—know what the term “like Caesar’s wife” means? When you have a target painted on your back because you are taking positions that are guaranteed to be anathema to powerful critics, like the news media, you are “like Caesar’s wife.” This should communicate something to you. In 63 BC, Julius Caesar, a man on the rise, was elected to the position of the Pontifex Maximus, the chief priest of the Roman state religion. The next year, his wife Pompeia hosted the festival of the Bona Dea (“Good Goddess”) in which no man was allowed to participate, at Caesar’s official residence. Publius Clodius Pulcher, a  rash young patrician, snuck into the celebration disguised as a woman, allegedly to seduce Pompeia. He was caught, prosecuted ( not for trying to shag Caesar’s wife but for the crime of sacrilege), and ultimately  acquitted. Nevertheless, Caesar divorced Pompeia, saying, “My wife ought not even to be under suspicion.”  Thus was born the saying, once well-known to educated individuals, that “Caesar’s wife must be above suspicion.”

Either Pruitt doesn’t know the reference, or doesn’t understand it. He has made himself vulnerable and a political liability to the Trump administration by the kind of grubby ethics violations so many of the administration’s recruits from the corporate world have engaged in. (And what does this tell us about that culture?)

David J. Apol, acting director of the Office of Government Ethics, sent  a letter this week to Kevin Minoli, the EPA’s  top ethics official,  asking the agency to take “appropriate actions to address any violations.”

Among the issues raised were Pruitt’s $50-a-night rental  of a Capitol Hill condominium from the wife of an energy lobbyist (This may not have been market value, the letter speculates, raising the question of whether it was a gift, aka “bribe.” Ya think? You can’t rent a decent garden tool shed for 50 bucks a night…), Pruitt taking an excessive number government-funded flights home to Oklahoma and back (He’s about the 78th Trump official to be caught doing this kind of thing—do these guys read the newspapers?), and worst of all, reports that agency staff members who raised concerns about these and other actions creating “the appearance of impropriety”  found themselves transferred or demoted.

“The success of our government depends on maintaining the trust of the people we serve,”wrote Apol. “The American public needs to have confidence that ethics violations, as well as the appearance of ethics violations, are investigated and appropriately addressed.”

Why yes! And anyone who holds high government office is supposed to know that. Anyone holding high government office in this administration, which is in the position of the thug sprung from police lock-up on a technicality to which an angry detective says before he strolls out the door, “If you so much as spit on the sidewalk, I’ll be there to pick you up,” should know that especially. When they are gunning for you, you have to be like Caesar’s wife.

The President should fire Pruitt for these flagrant abuses. He won’t, because he literally doesn’t think ethics matter. I wonder if he thinks stupidity and unrestrained arrogance matter… Continue reading

Red Sox Star Prospect Michael Chavis Tested Positive For Steroids. The Team Should Fire Him

The Office of the Commissioner of Baseball announced today that third baseman Michael Chavis, who is the Red Sox’s No. 1 prospect has been suspended following their violations of the Minor League Drug Prevention and Treatment Program, and has received an 80-game suspension without pay after testing positive for Dehydrochlormethyltestosterone, a performance-enhancing substance in violation of the Minor League Drug Prevention and Treatment Program. The suspension of Chavis is effective immediately. He was expected to be a candidate to come up to the big leagues and help the Red Sox in the stretch drive. His suspension hurts the entire organization.

Chavis tweeted a long and plaintive denial. And you know what the line is about that: “That’s what they all say.” Here is a sample…

“Over the past several months, I have been searching for an answer as to how a prohibited substance I have never heard of, DHMCT, was detected in my urine during the offseason. It is a question that unfortunately has not been answered, and I have run out of time for now to find an answer. As hopeless as this is for me, I am faced with the reality that maybe I never will. The only thing I do know is that I would never, and have never, purposely taken any prohibitive substance in my entire life.”

Continue reading

Morning Ethics Warm-Up, 4/6/2018: The Good, The Bad, And The Ugly

Gooooood Morning!

1. From the Moral Luck files:

What you just saw is a bald eagle landing on Seattle Mariners starter James Paxton’s shoulder during the National Anthem before yesterday’s Mariners-Twins game.  Here’s a closer look…

The eagle got confused: it is supposed to go to his trainer, in one of the more spectacular Anthem displays that has ever been devised: I’ve seen this performance several times.  After the game, Paxton was asked why he didn’t try to escape. His answer:

“I’m not gonna outrun an eagle, so just thought, we’ll see what happens.”

Heck, he had already endured the horror of Dessa’s incredibly off-key rendition of “The Star Spangled Banner,” what’s a mere bald eagle attack? Seriously, Paxton’s quote is an ethics guide: Don’t panic, don’t act on emotion, assess the situation, see what happens, and act accordingly. Of course, the fact that this strategy worked out well helps: if the eagle had ripped his eyes out, everyone would be saying Paxton was an idiot not to run.

How I would have loved to see this happen to Colin Kaepernick!

2. How the President gets himself into ethics trouble. I just watched a clip of Trump speaking yesterday about California’s sanctuary cities. “The thing is that these cities are protecting bad people,” he said, with emphasis. Naturally, this will be characterized as racism. It’s not racism, however. The statement is just overly simplistic, and exacerbated in its inflammatory elements by the President’s rudimentary vocabulary, in which the only operable adjectives appear to be great, bad, horrible, wonderful, terrible, sad, and a few more. It is impossible to communicate about complex issues competently and fairly with such meager tools. Illegal immigrants have broken our laws and willfully so. That is not good, but it does not make all of them bad people….though many are. Continue reading