Late Deflategate Update: Patriots Owner Robert Kraft Does A Full Corleone

Tom Hagen

Ruthless mob “Godfather” Michael Corleone had lied  to the fictional Congressional committee investigating organized crime. The smoking gun witness who had cut a deal to destroy Michael’s fake stance as a persecuted patriot and honest businessman had just been intimidated into recanting, seeing his older brother sitting with his targets and knowing that if he betrays the Family, his brother’s head would end up in his bed. So lies and corruption have triumphed, and as the scene from “Godfather Part II” fades, Michael Corleone’s lawyer, Tom Hagen, is shouting over the gavel and the crowd noise, to the disgusted and defeated Committee chair,

“SENATOR! SENATOR! This committee owes an apology, this committee owes an apology — an apology Senator!”

This memorable scene was immediately what my mind was jerked back to when I read New England Patriots’ owner Robert Kraft’s defiant statement regarding his team’s latest cheating scandal, in the section where he said…

“If the Wells investigation is not able to definitively determine that our organization tampered with the air pressure in the footballs, I would expect and hope that the League would apologize to our entire team and in particular, Coach Belichick and Tom Brady for what they have had to endure this past week. I am disappointed in the way this entire matter has been handled and reported upon. We expect hard facts as opposed to circumstantial leaked evidence to drive the conclusion of this investigation.”

I see now from a brief Googling of “Tom Hagen Robert Kraft” that I was not alone, and no wonder. Kraft’s guys have stonewalled, denied, mocked, deflected, tap-danced, and allowed loyal ethics-challenged sportswriters, bloggers and fans to block for them.  Belichick and Brady almost certainly have covered their tracks sufficiently to avoid their just desserts, and Kraft is demanding an apology when it is he who should be apologizing—to the NFL, to opposing teams, to New England, to Boston, and to the fans, for allowing a corrupt and unethical culture to flourish under his ownership. Has any criminal, having avoided conviction because he or she could not be found guilty beyond a reasonable doubt, had the chutzpah to demand an apology from the prosecution? Did Casey Anthony  or O.J., as despicable as they are, dare to rub society’s nose in their triumph like that? Continue reading

STUPIDITY SATURDAY Bonus: The Deflategate Deniers, Excusers, Rationalizers and Corrupters

dumb football fan

[This post took so long to write that I am posting it on Sunday. Pretty stupid.]

Every few months an ethics story erupts that convinces me that I’m wasting my time. I started writing about ethics online in disgust over the Clinton-Lewinsky scandal, which revealed to me that no politicians, few journalists and a tiny minority of the public understood the difference between, right, wrong, and a desperate rationalization. I was aghast at the vigorously nodding heads on talk shows when some ethically-challenged dolt would say that “everyone lies about sex” (so it’s okay), or that because other leaders may have had illicit sex, that made it acceptable, or that Clinton deserved special dispensation because he was an effective and popular President, or that he and Lewinsky were consenting adults, or that personal conduct was irrelevant to the job, or that other Presidents had done worse. These were all just lazy, poorly reasoned and culturally corrupting rationalizations, but nobody except a derided few seemed to know it.

So I’ve been writing about these and other ethics issues, including rationalizations, for about 15 years, and nevertheless, when something like the Patriots cheating scandal arises, I hear the same unethical, ignorant crap, as if nothing has changed. And, of course, nothing has. All I can hope to do, in conjunction with others who don’t want to see society devolve into a Hobbesian Hell, is to try to convince enough rational people that we can, by constantly explaining, arguing, and pointing the way, just keep things as barely endurably corrupt as they are now.

I got depressed just writing that last sentence.

The issue regarding the New England Patriots giving their quarterback an edge by cheating—deflating the balls so he could throw more accurately–isn’t controversial or hard to understand. If the team broke a rule that relates to sportsmanship, the fairness of the competition and the integrity of the result, and it is hard to see how it didn’t, then the NFL should punish the team severely. [ The NFL, true to its black heart, has made it clear that its investigation will not allow a resolution of this until after the Super Bowl, meaning that it hopes the controversy will deflate. I’m sure it could resolve all questions and identify the accountable parties faster if it wanted to—it doesn’t want to.] To do otherwise essentially endorses cheating. Moreover, since the team involved has a head coach who has made it clear that he is willing to cheat (having been caught before), that coach must be held accountable for the unethical culture he has nurtured whether he was directly involved in this particular episode or not. This is truly Ethics 101, Management 101, Culture 101, Sports 101—let’s just call it “101.” Yet so many, from the elite among sportswriters to the public that devotes an obscene amount of their passion, time and money to following football just don’t get it. Continue reading

Comment of the Day: “Unethical Quote of the Month: Patriots Quarterback Tom Brady”

"Is this a deflated ball I see before me?"

“Is this a deflated ball I see before me?”

“Inflategate”—-the developing NFL scandal about the New England Patriots’ under-inflated, more easily thrown footballs in the team’s last play-off win and perhaps others—is a big deal to 1) people who hate the Patriots; 2) football fans who care about whether their game has any integrity and 3) people like me, who think there is no justification for cheating, in sports, in business, or in life. Those who argue that it’s “much ado about nothing,” usually without being able to quote a line or explain a plot turn from the Shakespeare comedy they’re alluding to, do so because 1) they are Barry Bonds fans; 2) they don’t know the difference between a football and a plantain, and don’t care. except that they wouldn’t want to eat a football by mistake; 3) they are typical NFL football fans and want to “oh, pshaw!”  anything that reflects badly on the sport that gives their brutal lives meaning, 4) they are John Edwards, or 5) they are members of the New England Patriots organization, and perhaps were involved in the ball deflation.

Pats quarterback Tom Brady (that’s how you know I’m from Boston: I call the team the “Pats”) gave a highly unconvincing press conference yesterday in which he maintained that he would never notice that the tool of his trade that he has plied approximately since he exited the womb felt different than usual, and, like his coach, the brilliant and soulless Bill Belichick, has no idea how the team’s balls got deflated. The credibility of that claim was severely undermined for me by Brady’s use (“This isn’t ISIS…”) of my least favorite rationalization of them all on the Ethics Alarms compendium, the infuriating #22:

The Comparative Virtue Excuse: “There are worse things” : If “Everybody does it” is the Golden Rationalization, this is the bottom of the barrel. Yet amazingly, this excuse is popular in high places: witness the “Abu Ghraib was bad, but our soldiers would never cut off Nick Berg’s head” argument that was common during the height of the Iraq prisoner abuse scandal. It is true that for most ethical misconduct, there are indeed “worse things.” Lying to your boss in order to goof off at the golf course isn’t as bad as stealing a ham, and stealing a ham is nothing compared selling military secrets to North Korea. So what? We judge human conduct against ideals of good behavior that we aspire to, not by the bad behavior of others. We should each aspire to be the best human being that we can be, not to just avoid being the worst rotter anyone has ever met.

Behavior has to be assessed on its own terms, not according to some imaginary comparative scale. The fact that someone’s act is more or less ethical than yours has no effect on the ethical nature of your conduct. “There are worse things” is not an argument; it’s the desperate cry of someone who has run out of rationalizations.

(Or someone whose coach had the equipment guy deflate the footballs.)

Now comes blogger Windypundit to expand on my derision of Brady’s embrace of #22 from a different and useful perspective. Here is his Comment of the Day on the post, “Unethical Quote of the Month: Patriots Quarterback Tom Brady”:

In a way, Brady has a point, but it’s not what he thinks it is, and it doesn’t cut in his favor. In the grand scheme of things, nothing that happens on the field of play is very important. In fact, most of the rules of sports are arbitrary — the location of the free throw line, the number of bases the runners have to tag, the pressure in the football. The rules don’t have any higher meaning. And that’s precisely why there’s no excuse for not following them.

The big issues — when you can disconnect the life support, when a cop can shoot an unarmed person, when the President can order a drone strike — are full of complications and nuance. It’s hard to come up with a clear set of rules that will apply in every possible situation. You may think you have it all figured out, and then a scenario arises that you never thought of, and your simple set of rules, if followed blindly to the letter, would produce a terrible result. So maybe after you think through all the consequences, you decide that you’ve found a valid exception, and you change the rules. Or maybe, if the matter is important enough and you believe the rules are immoral, you break the rules as an act of conscience.

But I can’t see that happening much in sports. There is no greater good that could be used to justify breaking the rules. What terrible result could arise from blindly following the rules of football to the letter? A team loses a game? That might cost the team a bit of money, and I can see where crazed fans would get upset, but you know what? Nobody dies if the Patriots don’t make the playoff. This isn’t ISIS after all.

 

Unethical Quote of the Month: Patriots Quarterback Tom Brady

Disappointed kid

“This isn’t ISIS. No one’s dying.”

–New England Quarterback Tom Brady, in the course of denying culpability in the latest New England Patriots cheating scandal.

Tom Brady now joins the Ethics Alarms Rationalization Spouter’s Hall of Fame, which I just started. You just can’t embody Rationalization #22, Comparative Virtue, or “It’s not the worst thing” any better than this obnoxious attempt to minimize the significance of Deflategate.

That’s the way to teach the kids to be fair competitors and good citizens, Tom! And does a star athlete whose attitude regarding cheating in his profession amounts to this fill you with trust in his integrity, honesty, and sportsmanship?

Not me.

Deflategate Ethics Verdict: Prove It, Then Ban Bill Belichick

FOOTBALL

It looks as if New England Patriots head coach Bill Belichick cheated…again. If the NFL cared about such mundane matters as integrity, fairness, honesty and ethics, it would take the kind of appropriate action any other organization is obligated to take when the evidence shows that a high-performing member of the organization is a rotten apple: throw him out, or at least discipline him and his team severely.

Will the NFL do this to the most successful play-off head coach in its history?

Don’t make me laugh. Continue reading

Ethics Quiz: The New England Patriots’ Loophole Victory

Cap Anson would have loved the Patriots strategy. If he wasn't dead, of course. And if they had football when he was alive....

Cap Anson would have loved the Patriots strategy. If he wasn’t dead, of course. And if they had football when he was alive….

On Saturday night, the New England Patriots ran a series of plays that exploited the complicated receiver eligibility rules, confusing the Baltimore Ravens and officials, and allowing the Pats, who were trailing badly, to get back into the game. They eventually won in a thriller.

Ravens head coach John Harbaugh was so upset during the sequence that he drew an unsportsmanlike conduct penalty. Later, he stopped just short of calling new England coach Bill Belichick a cheater. “[I]t’s a substitution type of a trick type of a thing,” Harbaugh told reporters after the game. “So they don’t give you the opportunity, they don’t give you the chance to make the proper substitutions and things like that. It’s not something that anybody’s ever done before. The league will look at that type of thing and I’m sure that they’ll make some adjustments and things like that.”  Indeed, the NFL will investigate whether the officiating crew gave the Ravens proper notice that an eligible Patriots player would be ineligible for a given play.

Let me quote NBC Sports to explain what happened: I barely understand it myself: Continue reading

Ethics Observations On The Dartmouth Cheating Scandal

DartmouthSixty four Dartmouth students have been charged with cheating in a special religion and ethics class that was designed for student athletes. The details can be found here.

1. The reports quote the professor as saying,

“Part of the reason I designed this course was that I had the sense that some athletes coming here to Dartmouth might have felt just a little bit overwhelmed or intimidated academically. I wanted to design a course that would appeal to their interests and allow them to have an early success in the classroom, and I’d hoped that they would be able to build on that success throughout their time at Dartmouth.”

Translation: The students were accepted for their athletic prowess, and this was a baby-steps course just for them.

Why is Dartmouth admitting students who need such phony courses?

2. An admittedly non-challenging course to allow athletes an easier route to graduation sends the clear message that integrity isn’t valued at the institution. The professor’s expressions of disappointment and sadness are either naive or disingenuous. The university was cheating to keep them in school: why should he be shocked that they would cheat in return? Continue reading

The Absolute Worst Of The Terrible Arguments For Putting Barry Bonds In The Hall Of Fame

815-Baseball-Hall-of-Fame-CEvery year at this time, I issue commentary on the “steroid-users in the Major League Baseball Hall of Fame” controversy. I’m not going to disappoint you this year.

Today the Hall will announce who the baseball writers deemed worthy, and, as usual, the acknowledged steroid cheats with Hall of Fame statistics will be resoundingly rejected. I don’t feel like revisiting this subject in depth again right now: I have done so before, many times. However, yesterday I nearly drove off the road listing to MLB radio commentators Casey Stern and Jim Bowden, supposedly baseball experts, give their reasons for voting for the entire range of steroid cheats, from Barry Bonds and Mark McGwire to Roger Clemens and the despicable Alex Rodriquez.

Baseball’s Hall of Fame, alone among the sports Halls,  includes ethics in its criteria for entry: a player must exhibit sportsmanship, integrity and have been a credit to the game. The average sportswriter who votes for candidates is about as conversant in ethics as he is in Aramaic, leading to an endless debate involving every rationalization on the list and  analogies so terrible that they melt the brain.For example, I constantly hear and read that the evidence that Barry Bonds used steroids is “circumstantial” so it is unfair to tar him as a steroid user. Such commentators don’t know what circumstantial evidence is. Criminals can be justly convicted beyond a reasonable doubt by circumstantial evidence, which is also known as indirect evidence. Direct evidence, if believed, proves the existence of a particular fact.  Circumstantial evidence proves facts other than the particular fact  to be proved, but reason and experience indicates that the indirect evidence is so closely associated with the fact to be proved that the fact to be proved may be fairly inferred by existence of the circumstantial evidence. There is direct evidence that Bonds was a steroid-user, but the circumstantial evidence, as the well-researched book “Game of Shadows” showed, is so voluminous that it alone is decisive. Literally no one thinks Bonds is innocent of using steroids. [You can read my analysis of the case against Bonds here, here, and here.]

Stern and Bowden, however, claim that it is unfair to refuse the honor of Hall of Fame membership to suspected steroid users because it is inevitable that some players who used steroids and were never caught or suspected will make it into the Hall, if there aren’t such undetected cheat in the Hall already. Continue reading

Ethics Quiz: Is “Hidden City” Flying Unethical?

Hidden City

Last month, United and Orbitz filed a lawsuit against a website called Skiplagged, which among other things helps consumers plan trips with cheaper airfare using a tactic called “Hidden City.” Hidden City travel is when a traveler wants to go to a city that costs more to fly to directly than another city that uses the real destination as a connection. Thus, if you want to go to Charlotte, you book a cheaper flight that involves a change of planes in Charlotte, and just take your carry-on luggage and skip the last leg of the trip. Anyone can search and book Hidden City flights, but it is a chore.  Skiplagged makes it relatively easy.

Airlines punish frequent flyer passengers who use the method. They argue that gaming the system this way makes it difficult to track passengers and unfairly takes advantage of the hub-and-spoke system, where airlines fly to hub cities and add connecting flights from there. The lawsuit is trying to shut down Skiplagged,  alleging “unfair competition” that promotes “strictly prohibited” travel. The suit seeks $75,000 in damages, and 22-year-old site creator Aktarer Zaman is fighting it, seeking funds, so far successfully, on GoFundMe, where he originally sought  $20,000 to afford his legal bills and is closing in on twice that amount. My guess? If this gets to a jury, Zaman will win. The Streisand Effect is also in play: the airlines risk making everyone aware of this cost-saving maneuver, while getting bad publicity as well.

Zaman argues that the Hidden City ploy is legal. You know my answer to that ( Rationalization #4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical”)and it’s also the first  Ethics Alarms Ethics Quiz of 2015:

Is the Hidden City tactic ethical?

Bloomberg refers to Hidden City flying as a “scam” and “cheating.” Is that a fair description? The ticket purchaser has paid for the whole flight, so why is it cheating to get off half-way through it?

I think it’s a close call, but I have to side with the airlines.  The closest analogy that I can come up with is card-counting in blackjack: it’s not cheating, and it’s not illegal, but the casinos have a right to prohibit it in their own interests. The rationalization (Rationalization # 18. Hamm’s Excuse: “It wasn’t my fault.”) is that the existence of a loophole is the airline’s problem to fix, and if they can’t fix it, taking advantage of it is fair. But it isn’t fair, any more than it is fair for travelers to avoid baggage fees by taking large bags through security to the gate, and then passing them off, at no cost, on the way into the plane. It’s dishonest, and the Hidden City trick is also dishonest. You pay the airline to take you to a specific destination. How they get you there is irrelevant: a ticket to Minneapolis is a ticket to Minneapolis, and if you use it to get to Chicago instead because the airline charges more to go there, you engaged in bad faith negotiation.  The ploy is also unethical because if it becomes widespread, airlines will have to raise fares, and all air travelers will suffer.

One of Zaman’s arguments also positions him on my bad side: he points out that his site merely shows the airfares, and that the passengers book the tickets. Right. That was the same argument made by radical pro-life websites that posted the names and addresses of abortion practitioners so fanatics could track them down and kill them. Pro-anoerexia websites don’t starve young women, they just encourage them to starve themselves. If Hidden City flying is cheating, he’s facilitating it.

Reluctantly, I have to agree that it’s unethical.

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Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at jamproethics@verizon.net.

The U.N.C. Scandal Accountability: No Punishment, Just “It’s OK…Just Don’t Do It Again”

Oh…and don’t get caught next time.

"BAD University! BAD! OK, that's over---keep on doing your lazy, sloppy job for obscene tuition fees...."

“BAD University! BAD! OK, that’s over—keep on doing your lazy, sloppy job for obscene tuition fees….”

Has the NCAA taken serious action against the University of North Carolina for 18 years of outrageous academic fraud? No.The organization placed the school’s football program on three years’ probation and banned it from the 2012 postseason, but that punishment was for other infractions too. Indeed, it is likely that the revelations about the fake courses credited to athletes and others resulted in no athletic sanctions at all. The NCAA’s position is that this is an academic rather than an athletic scandal. Funny, I seem to recall Penn State getting walloped with massive sanctions from the NCAA because it allowed an ex-assistant football coach to continue molesting little boys. That was a sick organizational culture scandal, and had nothing to do with the players on the field at all.

What would be a proper punishment for 18 years of allowing student athletes to play basketball and football while taking fake courses? I would say the forfeiting of  every game played in by one of those fake students, and 18 years of being banned from inter-collegiate competition. Perhaps then what laughingly calls itself an institution of higher learning might begin to take steps to ensure that its diploma is worth the paper it’s printed on. Continue reading