Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading

Ethics Dunce AGAIN By A Man In A Position That Should Never Include An Ethics Dunce: Pope Francis

Let’s see now. You are the titular head of a religious organization that talks a good game about virtue, morality and the dangers of sin, and it has been shaken to its core by an ongoing scandal involving thousands of officials sexually molesting hundreds of thousands of children while your organization not only covered up the crimes, but facilitated them. After the latest outbreak of this decades—centuries?—long scandal, you declared that your organization would regain the trust of its members by reversing its previous corrupt practices, and send clear messages that the conduct that endangered and damaged children would not be tolerated.

Then, when one of the highest officials in your organization offers his resignation after being convicted in a court of law for failing to stop one of the ongoing molesters despite knowledge of his vile  activities, you refuse to accept that resignation.

What sense does this make? This is a fair summary of Pope Francis’s recent decision to reject the resignation of Cardinal Philippe Barbarin despite his conviction this month for covering up decades-old allegations of sexual abuse by a priest in his diocese. The only way it makes sense is if the Pope doesn’t comprehend the seriousness of the sex abuse scandal, and still places loyalty to the church and his colleagues above the welfare of victims past, present and future. Continue reading

Here Is How Free Expression Is Valued In Those Wonderful English-Speaking Countries The US Should Be More Like…

In Australia

Australian Cardinal George Pell was convicted in Melbourne this week on five counts of child sexual abuse. This made him  the most senior official ever found guilty in the Catholic Church’s apparently endless child sexual-abuse scandals. The judge in the case, Peter Kidd, immediately subjected news of Pell’s conviction to a suppression order, the Australian equivalent of a gag order, on press coverage. Australian courts impose such orders to shield defendants from negative publicity that could prejudice future jurors in upcoming trials, and  Pell faces another trial next year on a separate set of abuse charges dating to the 1970s. Of course, the more the public knows about how many predator priests the Catholic Church has facilitated, covered up for, and allowed to prey on children, the safer it is. I am not convinced that this suppression of news isn’t a sop to the Church. Judge Kidd told defense and prosecution attorneys that some members of the news media are facing “the prospect of imprisonment and indeed substantial imprisonment” if found guilty of breaching his gag order

Never mind:  the web, social media and the Streisand Effect foiled the judge. Pell and the charges against him were quickly the subject of thousands of tweets and shared posts on Facebook. The posts included links to websites and blogs where the news was available, including NPR, the Daily Beast and the National Catholic Reporter.

The Washington Post reported the conviction, but the New York Times did not. The Times’ deputy general counsel, David McCraw, gave the excuse that the newspaper is abiding by the court’s order in Australia “because of the presence of our bureau there. It is deeply disappointing that we are unable to present this important story to our readers in Australia and elsewhere. . . . Press coverage of judicial proceedings is a fundamental safeguard of justice and fairness. A free society is never well served by a silenced press.”

So don’t be silent then.

The Associated Press and Reuters news services also did not report Pell’s conviction.  Both services have bureaus in Australia that could face potential liability. Tell me again about how courageous news organizations are.

In Canada…

Continue reading

Unethical Quote Of The Month, And Also KABOOM!: Pope Francis

“Because of our sins, the Great Accuser always takes advantage – we read in the first chapter from Job – he roams looking for someone to accuse… he is accusing us strongly, and this accusation becomes persecution as well. …And there is also another type of persecution, of continuous accusations to dirty the Church: the Church must not be dirtied. The children yes, but not the mother, and the mother defends herself from the Great Accuser with prayer and penance. That’s why I asked to pray the Rosary, Our Lady, Saint Michael the Archangel. It’s a difficult moment because through us, the great accuser wants to attack the mother. And you don’t touch a mother”.  

—- Pope Francis, addressing the closing session of a synod of bishops at the Vatican yesterday, claiming that the Catholic Church has been persecuted through accusations related to the clerical child sex-abuse scandals that have undermined the credibility of the papacy and church hierarchy.

I’m really mad at my head for exploding over this. Surely it isn’t a surprise, not after the ongoing accountability-ducking and finger-pointing the Pope and his Church have been engaged in while innocent children are buggered by priests worldwide. Yet somehow I did not, and apparently my head did not, believe that the Pope would be so callous, tone-deaf and, frankly, stupid as to play the victim card when it is not only invalid but guaranteed not to work. “How dare anyone accuse us of covering up child abuse when we have been covering up child abuse for decades, and probably centuries! How dare anyone imply that the Church is accountable when its priests molest children and its leadership choose to protect the molesters instead of the victims!” This is essentially what the Pope is saying (it sounds different in Italian), and he really seems to be oblivious to how awful it not only sounds, but is. Continue reading

Call Me Cynical, But When A Religious Leader Responds To A Scandal This Way, I Check My Pockets…

The Pope takes a page from Jimmy’s playbook!

Last week the Vatican  began a three-week-long assembly to discuss how to bring young people back into the Catholic Church. As the Synod of Bishops began, Pope Francis said, “This moment has highlighted a church that needs to listen.”

No, the moment  highlights a church that needs to stop letting its priests molest kids.

Protesters have been much in evidence at the gathering,  denouncing what they (and I) see as the Vatican’s refusal to take necessary actions to ensure that sexual predator priests and those who cover up for them be stopped. Said one protester, a victim himself, “They should center the discussions where it hurts most — and this is the outrageous abuse of power, and the thousands and thousands of children and young people hurt by officials of the church in the last decades all over the world. You can’t discuss youth without talking about this point.”

Other victims held up placards demanding, “No More Cover Up”; “Make Zero Tolerance Real”; “Establish an International Inquiry and Justice Commission”  in Italian and English.

So far, the Pope’s approach to the renewed scandal has been to point fingers, or change the subject. He did publish a letter in August that appeared to be a holy, Italian version of “huminahuminahumina,” as Ralph Kramden used to say when words and wit failed him in a crisis. That the Pope’s efforts to either ignore, or duck, or spin his accountability for the fact that children are still not safe around priests almost 20 years after the scandal of high-level cover-ups and the facilitating of serial sexual assaults in the Church across the globe were not going well became clearer than ever last week, when Francis adopted the same tragedy used by Jimmy Swaggert, Jim and Tammy Lee Baker, Ted Haggard and so many other TV evangelist con artists did when they were caught either with a hand up a dress or in the till.

He blamed the Devil. Continue reading

Wait…Condemning A Pope’s Mass Cover-Up Of Sexual Abuse Of Children By Priests Is Partisan Now? [UPDATED*]

I saw a hint of this when I noticed this week that my 90% leftist Facebook friends scrupulously avoided commenting on my cross-posted article about the current Pope’s likely complicity in the ongoing Roman Catholic Church child sexual abuse cover-up while metaphorically foaming at the mouth because the White House flag wasn’t at half mast. Then the New York Times started spinning. An article by Jason Horowitz titled “Vatican Power Struggle Bursts Into Open as Conservatives Pounce”  argued that conservatives were “weaponizing” the scandal in order to minimize the influence of Pope Francis, who has aroused the Right’s ire by “going soft” on homosexuality and by becoming a shill for climate change. Horowitz wrote,

“Just how angry his political and doctrinal enemies are became clear this weekend, when a caustic letter published by the Vatican’s former top diplomat in the United States blamed a “homosexual current” in the Vatican hierarchy for sexual abuse. It called for Francis’ resignation, accusing him of covering up for a disgraced cardinal, Theodore E. McCarrick.”

What? Heaven forfend that someone suggest that a hypocritical homosexual factor at high levels of the Church might be partially responsible for a policy of allowing male priests to continue to rape little boys! That’s minor, however, compared to the triple “What?” earned by the writer and the Times for implying that Archbishop Carlo Maria Viganò’s  a letter accusing Pope Francis of covering up Cardinal McCarrick’s abuses while also taking his counsel on appointing bishops was merely a political ploy. This is one more example of the tactic of using alleged mixed motives to delegitimize an ethical act. So what if Viganò is a Vatican dissident? The evidence is overwhelming that the Catholic Church has facilitated child abuse for at least decades (See: “Spotlight”), that this continued on Pope Francis’s watch (See: the recent grand jury report), that the Pope is accountable, that his statement was a weaselly mess of accountability-skirting platitudes, and that Viganò’s accusations appear to have validity. Continue reading

Ethics Hero: Archbishop Carlo Maria Viganò

From the National Catholic Register:

In an extraordinary 11-page written testament, a former apostolic nuncio to the United States has accused several senior prelates of complicity in covering up Archbishop Theodore McCarrick’s allegations of sexual abuse, and has claimed that Pope Francis knew about sanctions imposed on then-Cardinal McCarrick by Pope Benedict XVI but chose to repeal them.

Archbishop Carlo Maria Viganò, 77, who served as apostolic nuncio in Washington D.C. from 2011 to 2016, said that in the late 2000s, Benedict had “imposed on Cardinal McCarrick sanctions similar to those now imposed on him by Pope Francis” and that Viganò personally told Pope Francis about those sanctions in 2013.

Archbishop Viganò said in his written statement, simultaneously released to the Register and other media, (see full text below) that Pope Francis “continued to cover” for McCarrick and not only did he “not take into account the sanctions that Pope Benedict had imposed on him” but also made McCarrick “his trusted counselor.” Viganò said that the former archbishop of Washington advised the Pope to appoint a number of bishops in the United States, including Cardinals Blase Cupich of Chicago and Joseph Tobin of Newark.

Archbishop Viganò, who said his “conscience dictates” that the truth be known as “the corruption has reached the very top of the Church’s hierarchy,” ended his testimony by calling on Pope Francis and all of those implicated in the cover up of Archbishop McCarrick’s abuse to resign.

His full testimony can be read here.

Well, let’s see if the Pope and the Roman Catholic Church can duck its responsibility one more time. This particular giant, nasty ethics chicken has been trying to roost for decades, while whoever was Pope continued to lecture the rest of the world, and the United States particularly, about its moral failings. Funny thing with me: I don’t take well to lectures on morality from self-anointed authorities who habitually facilitate their pals’ child-molesting hobby.  It is telling—damning is a better word—that Pope Francis, who seldom hesitates to comment on the evils of war, capitalism and climate change cannot find words to comment on this accusation. As we discussed here last week, he did issue some Authentic Frontier Gibbersh about the re-emerging child abuse scandal as if he was just an innocent bystander.

Archbishop Viganò is a model whistleblower, although his call for the Pope and the others to resign is inadequate. The entire culture of the Church is corrupt to the core, and aa few, or many, resignations will not cure the problem.

The Pope’s Letter On Sexual Abuse

Today Pope Francis released a letter responding to the horrific report on sexual assault involving 1,000 victims and 300 priests in the Roman Catholic Church in Pennsylvania, where I just happen to be speaking today.

I know we are talking about a religious organization, but it is still an organization, a large, wealthy, international one, and any CEO (or, if you like, Chairman of the Board) would have to issue a formal response to a scandal of this magnitude and these damning realities. There is no mystery about what such a statement has to include, if it is going to be ethical rather than defensive, sincere rather than deceitful:

1. This is unacceptable for our organization, or any organization, but especially for an organization like this one.

2. We apologize unequivocally and without qualification to the victims and their families, as well as all members and supporters of our organization who trust us and rely on us to do the right thing. We did not do the right thing. We are responsible for terrible things, things no organization should ever allow.

3. Our organization and its leadership are accountable for these acts.

4. I am personally and professionally accountable for every crime and betrayal of trust in this scandal that occurred on my watch, and there were many.

5. Therefore, I resign [OPTIONAL BUT RECOMMENDED.]

6. It is undeniable that this scandal, which is a continuation of an ongoing scandal reaching back decades if not centuries, is a byproduct of a corrupt and pathological culture within this organization. This culture must change.

7. Here are the steps the organization will take, immediately and going forward, to change it.

The entire letter is below. My ethics verdict: it is the Papal version of  Authentic Frontier Gibberish, a tsunami of words designed to blur the issues and accountability. Prayer and fasting? Gee, why didn’t we think of that before! The Boston scandal that blew the top off of the Church’s world-wide coverup was 17 years ago: I’m pretty sure there has been a lot or praying and fasting since then. Obviously, it doesn’t work, not on this, and it is insulting and demeaning for the Pope to fall back on such reflex nostrums. Some lowlights: Continue reading

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading

“The Keepers,” The Catholic Church, And Bishop Fulton J. Sheen

I began watching Netflix’s new “true crime” series “The Keepers” last night. I may not last through all seven episodes. In addition to the documentary story-telling methodology, which moves at the pace of a slug-race, the story of how unsolved murder of a Baltimore nun might  be part of  (yet another) horrific cover-up by the Catholic Church made me so angry and frustrated that I quit in the middle of the third episode. The series makes the case that the nun, Sister Catherine “Cathy” Cesnik, was killed because she was about  to reveal ongoing sexual abuse of young teenage girls by the priest running the Archbishop Keough High School for girls.

The abuse and the extent of it is not speculation. As in so many other places, the Catholic Church in Baltimore eventually paid millions in damages to multiple victims of multiple predator priests who the Church moved around the  region—so they could molest and assault new victims—rather than handing them over to law enforcement. It is hard to imagine any priest worse than Father Joseph Maskell, however, if even some of the allegations against him are true. Victims say he used student files and illicit police connections to target teenage girls who were already being sexually abused. He manipulated them using a sick combination of religion, guilt, hypnotism and intimidation, sexually abused them, and even delivered some over to members of the Baltimore police department for more abuse.

The documentary focuses on the school’s Class of ’69, though there must have been equally abused girls before and after. The conspiracy of silence began to crack in 1992, when an especially  victimized member of the class suddenly realized that she had repressed memories of horrible experiences, and finally complained to the Baltimore Archdiocese, setting off the kind of despicable Church defensive strategies too familiar to anyone who has seen “Spotlight.”

This documentary isn’t good for my state of mind. It makes me wonder not only if all is lost, but also if all wasn’t lost long ago. I was raised in a largely Catholic community. I am not religious, but as an ethicist I recognize the important, civilizing role religion has played in teaching and enforcing moral principles for the majority of the public for whom ethical analysis is too challenging. Episodes like the Father Maskell scandal raise questions that I rebuke myself for asking, like “How can this be?” “Jane Doe,” the star witness in the documentary, is still a devout Catholic. Her immediate response to every dilemma is to pray. I don’t get it. She was savaged, threatened and abused by a priest that she knows the Church allowed to prey on the vulnerable students entrusted to him. Why would she still trust the Catholic Church?

Why would anyone? Continue reading