domestic abuse

Morning Ethics Warm-Up, 7/31/18: The Self-Deception Edition

/ Jack Marshall / 39 Comments

Goodbye, July, 2018!

(and don’t come back!)

1. Ethics translation time! Baseball’s current World Champion Houston  Astros just traded for young, exciting closer Roberto Osuna from the Toronto Blue Jays. This raised some eyebrows, because the 23-year-old Osuna is just completing a 75-game suspension from MLB for allegedly beating his wife. The Blue Jays had decided that they wanted no part of Osuna, and that he would not be a member of their team going forward, despite the fact that he is regarded as one of the best late-inning relievers in the game.

Anticipating some criticism from Houston fans and baseball fans in general, who usually don’t like cheering for disgusting people,Astros GM Jeff Luhnow released a statement  following the trade, saying,

 “We are excited to welcome Roberto Osuna to our team. The due diligence by our front office was unprecedented. We are confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind. Roberto has some great examples of character in our existing clubhouse that we believe will help him as he and his family establish a fresh start and as he continues with the Houston Astros. We look forward to Osuna’s contributions as we head into the back half of the season.”

Translation:

“Our team has had bullpen problems all season, and as of now we have no closer, even as the team has lost three games in a row [now it’s four], two of our best players are injured, and we’re beginning a series against the Mariners, who are just a few games behind us. So in the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player who Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.”

“Thank you.”

Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

/ Jack Marshall / 51 Comments

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

Ethics Observations On The Eric Schneiderman Scandal

/ Jack Marshall / 54 Comments

I probably shouldn’t say this, but the guy always looked a little scary to me….I sure would never get in bed with him.

The New Yorker revealed yesterday that four women who had relationships with Eric T. Schneiderman, the New York attorney general, accused him of violent abuse. In response, he  issued the kind of explanation that is usually as damaging as the allegations it responds to : Schneiderman, 63, denied abusing the women, and said, “In the privacy of intimate relationships, I have engaged in role-playing and other consensual sexual activity. I have not assaulted anyone. I have never engaged in nonconsensual sex, which is a line I would not cross.”

Ah! As long as it’s not rape, he’s OK with it then.

This did not help. Demands that Schneiderman resign flooded the internet and airwaves, including one from New York Governor Andrew Cuomo. By the end of the day, Schneiderman, who had been a champion of both the #MeToo movement and the anti-Trump “resistance,” had resigned. His statement:

“In the last several hours, serious allegations, which I strongly contest, have been made against me. While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”

The irony and hypocrisy are strong with this one. In 2010, as a state senator, he introduced a bill to make intentional choking to the point of unconsciousness a violent felony. Coincidentally, one of his accusers quoted in the New Yorker revealed

“It just came out of nowhere. My ear was ringing. I lost my balance and fell backward onto the bed. I sprang up, but at this point there was very little room between the bed and him. I got up to try to shove him back, or take a swing, and he pushed me back down. He then used his body weight to hold me down, and he began to choke me. The choking was very hard. It was really bad. I kicked. In every fiber, I felt I was being beaten by a man.”

 The state chapter of the National Organization for Women, Bill Clinton’s fan club, endorsed Schneiderman in his successful bid for attorney general, citing his “unmatched work” in “protecting women who are victims of domestic abuse.” Once elected, his office published a “Know Your Rights”  brochure for victims of domestic violence…you know, when you get beat up by the man you are sleeping with.  Schneiderman had rushed to the front of the #MeToo movement, filing a lawsuit against Harvey Weinstein’s company and seeking to re-open a prosecution against the harraser/abuser/rapist mogul.

“We have never seen anything as despicable as what we’ve seen right here,” Schneiderman said of Weinstein’s conduct.

Weeeell, that may depend on one’s point of view. For example, one of the ex-AG’s bed-mates told The New Yorker, “We could rarely have sex without him beating me….He started calling me his ‘brown slave’ and demanding that I repeat that I was ‘his property.’”

Nice. Continue reading →

Baseball’s Intrusive Domestic Abuse Policy

/ Jack Marshall / 5 Comments

Last year I wrote about Major League Baseball’s domestic abuse policy, which is, pardon the pun, bats. Here is another example.

Red Sox knckcle-baller Steven Wright has been suspended for 15 games under the MLB-MLBPA Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Fifteen games is a lot: that’s three starts for a starting pitcher like Wright, and almost 10% of a player’s salary. Wright’s salary is about a million dollars for the upcoming season, and unlike an established star, he isn’t a multi-millionaire. Losing about a hundred grand will hurt, and not just him, but his whole family.

The suspension relates to a mid-December incident in Tennessee in which Wright was arrested and charged with domestic assault and prevention of a 911 call.  Wright was not charged with physical abuse to his wife or any other household members; this was apparently “verbal abuse”—the pitcher’s conduct was so emotional and threatening that his wife was frightened. A plea deal has the charges on the road to being discharged if Wright does not commit any infractions in the next year. He has told reporters that he and his wife are being counseled.

Never mind: Baseball Commissioner Rob Manfred suspended him anyway, under this policy: Continue reading →

When Ethics Alarms Don’t Ring: Snapchat Approves A Domestic Abuse Game Ad

/ Jack Marshall / 18 Comments

On February 8, 2009, Chris Brown beat up pop megastar and then-girlfriend Rihanna. Five months later, Brown pleaded guilty to a felony assault and was sentenced to community labor, five years probation, and domestic violence counseling. Naturally, someone looking to make a buck off of the millions of ethics dunces who use social media recognized this as an appropriate basis for a game, and paid Snapchat to run their ad, which you can see above.

The “Would You Rather” ad was removed earlier this week, and Snapchat released an apology, saying “The advert was reviewed and approved in error, as it violates our advertising guidelines.” What does “in error” mean in such a case, though? It means “we have erroneously been hiring people at high levels with the ethical sensitivity of mollusks, and upon reflection, this was a miscalculation.” What  deadness of soul and mind could ever ever explain someone, indeed a chain of employees, seeing an ad mocking domestic abuse and reacting by saying, “Great! Put it up and bill ’em!”

Advertising on Snapchat is purchased through a self-serve advertising platform and subject to review,  the company says. Review by incompetents,  creeps and fools, apparently. Unfortunately, they are far from unique.

Rihanna posted a rebuke to Snapchat on Instagram, writing in part, Continue reading →

Ten Points Regarding The Rob Porter/White House/Domestic Abuse Scandal…

/ Jack Marshall / 60 Comments

1 We know that the FBI had told the Trump White House about allegations from Porter’s two ex-wives that he had been physically abusive. Apparently, the FBI did not confirm, or could not, that the accusations were true. The allegations were still sufficient to prevent Porter from getting security clearance, whether they were true or not. There are good reasons for this. That does not mean that it is fair that someone’s career can be derailed and his reputation smeared without proof of wrongdoing, but it is necessary.

2. The position of an employer that has its own integrity and reputation to protect when an explosive allegation of personal and criminal misconduct regarding an employee arises is an ethics conflict. The Golden Rule suggests that such an employer should not jettison such an employee absent due process and sufficient proof of wrongdoing. However, the greater duty in this case is to the administration.

3. Porter should have resigned. In fact, that he did not resign was the best reason to fire him. This was his domestic problem, and he had no right to  inflict it on the White House, even if he was innocent.

4. There was nothing inconsistent about President Trump’s tweets condemning domestic violence and regretting the lack of due process and fairness in the current #MeToo witch hunt environment. He is right on both counts. As usual, he was not as articulate as he needs to be when opining on such delicate topics. He is not going to become more articulate, however.

5. Porter’s denials of wrongdoing, absent more, should carry no more nor less weight than the accusations against him.

6. Nobody who does not know Porter, the women involved or the intimate details of their relationships should be saying things in public like “I believe the wives” or “I don’t believe them.”  This flips us back to “I believe Anita Hill but don’t believe that slut Paula Jones” territory. People believe who they want to believe. Women who accuse men of abuse have no more claim or right to be believed without evidence than any other accuser, including those who accuse you.

7. Domestic disputes are infamous for the frequency with which previously honorable combatants will use false or exaggerated accusations to gain legal leverage or for old-fashioned revenge. It is possible that Porter’s two wives want to destroy his life. They seem to be doing a good job of it, if that’s their objective. Continue reading →

Ethics Dunce: Ames Mayfield’s Cub Scout Den

/ Jack Marshall / 19 Comments

 

Ames Mayfield is a smart, gutsy 11-year-old, and this episode in his life may work to his eventual advantage. Nonetheless, his treatment by his Cub Scout den was nauseating, cruel and wrong, and contradicts the very values Scouting exists to imbue.

There is another likely villain here as well.

Ames’ Cub Scout den met with a Colorado State Senator, Republican Vicki Marble, last week. Ames came prepared with a long list of typed-up questions. (I wonder where THOSE came from?)  He raised his hand to ask his first one , involving gun legislation. “I was shocked that you co-sponsored a bill to allow domestic violence offenders to continue to own a gun,” Ames said, according to a video posted to YouTube by …hmmm, not Ames but his mother. “Why on earth would you want someone who beats their wife to have access to a gun?”

Ames’s questions continued until a den leader suggested that he pause and allow the Senator a chance to answer. I wonder if Marble noted the Supreme Court’s decision n Voisine v. United States, holding that a federal statute banning firearms possession by anyone convicted of a “misdemeanor crime of domestic violence” including individuals who have “misdemeanor assault convictions for reckless (as contrasted to knowing or intentional) conduct.” Maybe Ames, who I’m sure is an avid reader of Ethics Alarms, quoted my post on the issue, which concluded in part,

The real question, from an ethical standpoint, is whether Congress can and should remove a citizen’s Second Amendment right based on a misdemeanor conviction for domestic abuse. Is that fair? Sure it is. It is already settled law that it is constitutional to prevent convicted felons from owning  guns, even if it was a non-violent felony. From an ethical public policy standpoint, why would it be overly restrictive to ban gun ownership from those who engage in a violent misdemeanor?

…The majority covers the legal logic of the decision; the ethics logic is simpler. How difficult is it not to physicality abuse a spouse to the extent that one is found guilty of breaking the law? It shouldn’t be hard. Nor do I weep for any degree of spouse-beater who is denied the right to purchase a gun. Good, I say to such a person. I don’t trust you, and I don’t trust your judgment. If having access to a gun was so important to you, you should have thought about that before you started knocking loved ones around. If the threat of losing gun rights makes hot-heads think twice before engaging in domestic violence, that’s good too.

After the meeting, the leader of Ames’s Cub Scout pack, which oversees various dens, met with the boy’s mother, Lori Mayfield, and told her that that her son was no longer welcome in the den. Her son’s question was disrespectful and too political, Lori was told. (Her son’s question…)

Accepting for the nonce that this was all Ames’ idea, which we should know is baloney, why would he be kicked out? Continue reading →

Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

/ Jack Marshall / 17 Comments

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading →

Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

/ Jack Marshall / 17 Comments

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading →

In Denver, A Cautionary Tale: Absolute Devotion To Unethical Partisan Doctrine Corrupts Absolutely

/ Jack Marshall / 8 Comments

All right, maybe he’s got a bad temper, but only a xenophobe wouldn’t want him as a neighbor…

Time was when this story would have made my head explode. Not any more. Progressive and Democratic fanaticism regarding the rightness of facilitating and honoring illegal immigrants has been driving that side of the ideological divide farther and farther away from reason and responsible citizenship. This, as horrible as it is, now is just one more incremental step toward madness.

The Left’s strategy of tarring all principled objections to illegal immigration as “racism” and “xenophobia” has mandated that to them all immigrants, legal and illegal, are just immigrants. Thus their furious battle to keep deserving illegal immigrants from being deported (all illegal immigrants deserve to be deported, though it is impractical at this point to do it) slides easily into a passion for preventing deserving legal immigrants from being deported. What legal immigrants—non-citizens who are U.S. visa holders and legal permanent residents do our laws and common sense dictate do not deserve to stay here? The answer is those who commit serious crimes, of course. Non-citizen aliens are guests here. When a guest in your home is caught stealing a vase, or sexually assaulting your daughter, you kick him out, and rightfully so. If America’s guests can’t respect out laws, they can’t be trusted, and if they can’t be trusted, we don’t want them here. We certainly don’t want them to become citizens.

Yet the Denver City Council agreed this week to change to local sentencing guidelines specifically to shield legal immigrants from deportation proceedings when they are convicted of domestic abuse. In a 12-0 vote, council members reduced criminal penalties for several “low-level” crimes, reducing the maximum sentence to less than 365 days in jail because under federal law, a legal alien resident who is convicted of a crime resulting in a sentence of a year or more can be deported.

Can’t have that! Continue reading →