Tag Archives: “everybody does it”

Alert! Garrison Keillor Becomes The Latest Smug Liberal To Get Run Down By The Harvey Weinstein Ethics Train Wreck, And I Should Have Predicted It

Keillor on “The Charlie Rose Show.” I bet Charley agrees with you about Al Franken, Garrison!

From the Washington Post:

Garrison Keillor, who hosted the popular radio show “A Prairie Home Companion” for decades until his retirement last year, has been fired from Minnesota Public Radio after allegations of “inappropriate behavior,” MPR confirmed in a statement Wednesday.

“Minnesota Public Radio is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him,” the statement read.

I’m not surprised. In fact, when I read Keillor’s head-exploding rationalizations for Al Franken in an op-ed yesterday, also in the Post, I thought, “Hmmmm. This sounds like the logic of a sexual harasser to me. I wonder…?” Foolishly, I didn’t post my suspicions; it was a late cut from today’s Warm-Up.

In his op-ed, “Al Franken should resign? That’s absurd.”, Keillor made the astounding illogical leap of equating the tearing down of statues of historical figures whose conduct was offensive by current standards to excusing current individuals whose conduct—in this case, sexual harassment and assaults—would be acceptable under past standards.

To facilitate this unethical argument and wishful self-applying excuse, the plummy-voiced progressive minimized the complaint of Franken’s first reported victim. I’m numbering each awful section:

Sen. Al Franken…did USO tours overseas when he was in the comedy biz. (1) He did it from deep in his heart, out of patriotism, (2) and the show he did was broad comedy of a sort that goes back to the Middle Ages. (3) Shakespeare used those jokes now and then, and so did Bob Hope and Joey Heatherton when they entertained the troops. (4) If you thought that Al stood outdoors at bases in Iraq and Afghanistan and told stories about small-town life in the Midwest, you were wrong. (5) On the flight home, in a spirit of low comedy, Al ogled Miss Tweeden and pretended to grab her and a picture was taken. (6) Eleven years later, a talk show host in LA, she goes public, (7) and there is talk of resignation. This is pure absurdity, and the atrocity it leads to is a code of public deadliness. No kidding.(8)

Yecchh.

To be more specific: Continue reading

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Comment Of The Day: “Morning Ethics Warm-Up, 11/17/2017: Groping And Griping”

We’re going to need a bigger black list…

It is a measure of how quickly the Harvey Weinstein Ethics Train Wreck is hurtling down the tracks that this excellent post by JutGory,  an overview of the issues raised by the game-changing sexual misconduct accusations against Senator Al Franken by  a former model, current radio host, almost seems out of date. This was the fourth Comment of the Day that arrived over the weekend, and I apologize to Jut for not getting it up sooner. Nonetheless, his analysis is excellent, and his last point is more germane than ever.

Just today, Senator Franken was hit with a second woman’s accusation, CBS and PBS journalist Charlie Rose was accused by eight women, and subsequently suspended from his morning show duties by CBS. NY Times White House correspondent Glenn Thrush was accused by several women, and the Times has suspended him pending an investigation. Best of all, some women came forward with as yet unheard allegations about the Godfather of celebrity sexual harassment, Bill Clinton himself.

In the aftermath of all this, Roy Moore’s plummeting polls are reversing themselves. If everybody seems to be doing it, some are reasoning, especially so many “feminists” and “progressives,” then why punish Moore? Everybody isn’t “doing it,”  but the #MeTooers and the news media have been so incoherent and hypocritical that it has become difficult for the insufficiently attentive to define what “it” is. Right now, nobody seems to care about material distinctions., or context, or time lapse, or even confirmation. This a real witch hunt, with previously ordinary and relatively powerless citizens sensing an opportunity to destroy careers and reputations.

Here is JutGory’s Comment of the Day on the post,Morning Ethics Warm-Up, 11/17/2017: Groping And Griping:

I am no defender of Al Franken, though I hail from the State that Mondale Won. I think you are right that he should not resign.

But there are excuses that distinguish him from Moore.

The timing is suspicious?

That is stupid. Everyone is coming out of the woodwork now. And, the timing on the accusations regarding Roy Moore is suspicious (with an election coming up); Franken has no similar timing issues.

It’s only one time?

Yes, and no. Franken has always been an obnoxious jerk, and this is one of many variations on that theme. So, yeah, it may have only been one time he did THIS sort of obnoxious thing.

But, in that regard, people are characterizing this as sexual assault, which I think is pretty superficial. Leaving aside the kiss and focusing on the picture, Franken’s behavior is not much more obnoxious than the many, many, many Frat-Boy style photos of a sleeping individual with a mustache drawn on his face with a Sharpie. Those are obnoxious and denigrating (and an assault), and Franken’s photo is more comparable to THAT than to Bush Sr.’s “feel-copping.” Calling what Franken did “groping” is a bit of a stretch, even if technically true. To me, this falls into the “prank” category.

This is politically motivated?

No real evidence of that. Do we know Tweeden’s politics?

We need his vote regardless?

Stupid. Conservatives need a Republican vote in Alabama, but they don’t NEED Roy Moore. Besides, in the State that Mondale Won, it is entirely likely that his vote could be replaced by someone comparable. Hell, with our record, Bob Dylan could be the next Senator from Minnesota. He is just about old enough.

I believe him, not her?

I don’t know about the “kiss.” Accounts can be very subjective. I could believe both of them. But, being as obnoxious as he is, I can fully understand her perception of him as an obnoxious jerk, and his perception that he was just being himself and playing the role as he thought it should go.

It was a long time ago? Continue reading

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The 87th And 88th Rationalizations: The Reverse 15 And The Psychic Historian

Translation: “I got nuthin’!'”

I haven’t been in tip-top shape the last several days, making new posts more of an ordeal than they should be. Luckily this motivates me to catch up on updating the Rationalizations List, which has several waiting additions, including these:

Rationalization #15 A. The Reverse 15, or “If I don’t do it ( and I don’t want to) somebody else will.”

The Reverse 15 uses exactly the same excuse as #15. The Futility Illusion:  “If I don’t do it, somebody else will,” but for the opposite purpose. In #15, the rationalizer wants to avoid the consequences of doing something unethical by arguing that his or her refusal to follow orders would have no practical effect: someone else would just step in and do what was demanded anyway. How, asks the fictionalized version of Confederate Captain Henry Wirz in “The Andersonville Trial,” can a post-Civil War military tribunal fairly hold him responsible for cruelly mistreating the Union prisoners in the Georgia prison camp as he was ordered to, when if he refused he would have been shot, and his successor would have abused them anyway?

In 15A, the argument is the opposite. The rationalizer refuses to perform a necessary ethical act out of apathy, callousness or fear, but this was reasonable because he or she was certain that someone else would do the right thing instead. The Reverse 15 could also be called “The Kitty Genovese Rationalization,” recalling that the many people who heard the murdered woman’s screams chose not to “get involves” while convincing themselves that someone would come to her aid. All of the Mount Everest climbers who left a stricken colleague behind to die protested later that they were certain the next climber behind them (or the next, perhaps) would stop to help the man. We pass a stopped car in distress on the highway at night, reasoning that someone else will stop to help, sparing us the trouble.

Sometimes someone does. Sometimes not. This abdication of an ethical duty is accomplished by casting one’s lot, and gambling with the fate of another, while relying on the unpredictable quirks of moral luck. The only ethical decision is to take action. You must do what you know is the ethical act yourself, and not ignore your obligation because you can pass the buck and then argue, disingenuously, “How could I know that everyone else would be as unethical as I am?”

Rationalization #1B. The Psychic Historian, or “I’m On The Right Side Of History”

Continue reading

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Morning Ethics Warm-Up, 9/8/17: Hybrid Topics! CNN, Hillary, DACA And More…

Good morning, all.

1 The Public Interest Legal Foundation, a conservative non-profit public interest group that focuses particularly on voting issues, claims to have data suggesting that Hillary Clinton’s narrow win in New Hampshire in the 2016 election—about 2,700 votes gave her the state—may have been achieved by fraud. A study showed that more than 6,000 voters in New Hampshire had used the state’s same-day voter registration procedures to register and vote.  The current New Hampshire speaker of the House, Shawn Jasper, sought and obtained data about what happened to these 6,000 “new” New Hampshire voters who showed up on Election Day. Most of them are no longer in the Granite State. Only 1,014 have ever obtained New Hampshire driver’s licenses. Of the 5,526 voters who have not, just 3% have registered a vehicle in New Hampshire.  70% of the same-day registrants used out-of-state photo ID to vote in the 2016 presidential election in New Hampshire and to utilize same-day registration.

All of which suggests that it would be prudent if a group other than a right-wing advocacy organization did an unbiased and objective study.  Since Democrats won several top races last year along thin margins, notably Maggie Hassan defeating Kelly Ayotte in the U.S. Senate race by 1,017 votes, some Republicans are claiming that out-of-state voters illegitimately tilted the election. Of course, for all anyone knows, the same-day voters may have voted Republican. The episode does compel three conclusions:

  • Same day registration is a recipe for chicanery. I am suspicious of any elected official or activist who supports it.
  • The Democratic/ mainstream media cant that there is no voter fraud is incredible on its face, and manifestly dishonest.
  • The nation’s lack of eager, objective investigators without partisan agendas is crippling. I don’t believe what conservative sources and pundits conclude about the New Hampshire vote, and I find the lack of interest the liberal national mainstream news media seems to have in the story— on Google, I see New Hampshire sources and conservative sources like Breitbart, BizPac, Fox and the Washington Times—gives the story more credibility, not less.

2. For those who are still having trouble accepting that the DACA was an illegal measure as executed by President Obama, I highly recommend the article by Constitutional law expert Jonathan Turley, who explains why he regarded it as “a flagrantly legislative act by President Barack Obama.”  So did I, but he’s a legal scholar and I’m just a lawyer. From an ethics perspective, my area of expertise, I’m still disturbed at the attitude of the supporters of this Obama’s end-around the Constitution (and others). which can be summarized as, “Let’s see if we can get away with it, because we like the results.” It translates into “the ends justifies the means,” and epitomizes the drift of the Left toward totalitarian methods and philosophy. Continue reading

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The Trustworthy New York Times, Whose Editors Don’t Read Their Own Paper

I was stunned when the New York Times, after a Bernie Sanders supporter engineered a sniper attack on a group of Republican Congressmen (Steve Scalise is still hospitalized) published an editorial including the “everybody does it” argument that Republican rheteric had activated madmen too, reminding readers that there had been a  “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. How could they be dredging up this old smear again, after it had been so thoroughly debunked? It seemed like a desperate, vicious deflection.

The  theory had caused an extended and heated debate at the time of the Tucson attack, with left-biased media pundits, including the Times’ Paul Krugman and others, attempting to silence conservatives by arguing that their harsh “eliminationist rhetoric” had put Gifford in the crosshairs, literally. The Left’s prime scapegoats for the shootings were the most vocal conservative  critics  of President Obama and the Democrats at the time, Rush Limbaugh and Sarah Palin.The smear was transparent and dishonest; eventually even President Obama rejected it in the best speech of his tenure as President. It was also quickly disproven by the facts. Loughner, if anything, was a progressive lunatic. His written rants suggested no influence by the Right at all, and certainly no indication that Palin’s use of a crosshairs graphic to indicate Democrats “targeted” for defeat at the ballot box had even been seen by the killer, much less set him on his murderous path.

The revived lie was taken down online within a day, though not before the Times’s rival for the title of  “Parper Most Willing To Devastate Its Reputation To Destroy Donald Trump” issued a merciless ‘factcheck.”  The falsehod was also put into print. Several lawyers suggested that Palin had grounds for a defamation lawsuit, even though, as a public figure, prevailing in a lawsuit would require her to prove “actual malice.” Palin did sue.  Sure enough, The Times is denying malice by arguing that it made an “honest mistake.” But how could it be an honest mistake, when the Times itself had published reporting that finally proved Loughner was no devotee of Palin or Limbaugh.

For the Times editors to claim they made an honest mistake, they must insist that they were unaware of what had been prominently published in their own newspaper, under their own oversight. Sure, that’s certainly the kind of professionalism, competence and care one expects from the flagship of American journalism. Continue reading

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Morning Ethics Warm-Up: 8/3/17

Baaaaad Morning for me, GOOD MORNING to you, I hope.

1.  The New York Times, I thought, has an unusually fair story on the two phantom Trump phone calls that roiled “the resistance” yesterday. The President had said that he had received “calls” from the President of Mexico and the Boy Scout leadership, the former to salute him for getting tough at the border and the other to praise his controversial remarks at the annual Jamboree. There were no such calls, as the Mexico and the BSA had strongly suggested, and the White House confirmed this yesterday. In its piece this morning, the Times included a germane quote from pre-politics Trump in his 1987 book “The Art of the Deal”:

“People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.”

Germane, except that we already know that he thinks this way—and I don’t think referring to a conversation (in the case of Mexico) or multiple members of the Boy Scouts leadership”praising his speech in person after he was done (“Nice job!” “Great speech!” “The boys really appreciated it!”) as phone calls qualifies as “hyperbole,” truthful or otherwise.

These are examples of the President’s well-established addiction to speaking in word clouds and approximations. He “saw” (well, maybe not literally) “thousands of Muslims” (Okay, maybe he didn’t see them, but they were there! ) celebrating the doom of the Twin Towers in New Jersey. He never supported the Iraq invasion (saying otherwise to Howard Stern doesn’t count). Now add the hundreds of others we either discussed here or that were flashpoints during the campaign. The President’s attitude toward these little and large imprecisions of language has been, apparently since childhood, “Whatever.” He really doesn’t think they matter, because to him the difference between, for example, “calls” and other communications doesn’t matter.

It’s a terrible habit. It undermines his credibility. It weakens his ability to persuade and lead. It makes him look foolish, careless and stupid, and shows a lack of discipline. It gives his intractable foes easy bullets to shoot at him. It’s also an established trait, at this point. This is, again, the Julie Principle. This is how he is, and both his supporters and detractors know it. What  is accomplished by treating each new example as a major scandal? “Well, you can’t just let him get away with it!” is the reply.

He doesn’t get away with it. It undermines his credibility. It weaken his ability to persuade and lead. It makes him look foolish,  careless and stupid, and shows a lack of discipline.

2. The Times seems to make a mild “everybody does it” excuse for the President, citing the examples of two Presidents the Times also hated, LBJ and Reagan, mostly Reagan. “It is hardly unprecedented for a president to use a story to inspire or motivate, or to embellish a yarn for the sake of punctuating a poignant message,” the Times says. Then it recounts this: Continue reading

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The Unethical Fine Print Game

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading

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