Trevor Bauer Is Guilty Until Proven Innocent, And His Punishment Will Be Complete Before Such Proof Can Occur

Bauer

This is what #MeToo has wrought.

Dodgers pitcher Trevor Bauer, last year’s Cy Young winner as the best pitcher in the National League and currently the game’s highest paid player, hasn’t been able to pitch for his team since late June. The reason: he has been accused of domestic abuse. Accused.

Ethics Alarms first reported on his story here, writing,

“A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.”

I seriously miswrote, and should have known better. Baseball has a well-established tradition of taking action against players regardless of whether accusations have been proven. Indeed, the eight Chicago Black Sox who were accused of throwing the World Series in 1919 had been acquitted by a jury (They were guilty as sin, but then so was O.J.) were banned from baseball for life anyway. Pete Rose was banned for betting on baseball games before the evidence was definitive (Pete eventually confessed years later).

The next time I wrote about Bauer‘s case was a month later:

“Dodgers pitcher and reigning Cy Young winner Trevor Bauer, remains in limbo and under administrative, paid leave while baseball investigates the horrific allegations of abuse against him. Meanwhile, the Dodgers players have told reporters that they don’t want him back, though whether this is because he is an infamous pain in the neck or because he beats up women is unclear. Since the MLB policy appears to be based on “believe all women” and a “preponderance of the evidence” standard rather than “beyond a reasonable doubt,” I find it ethically troubling. (It resembles the way the Obama and Biden administrations want campus sexual abuse matters to be handled.) If, and I think this is doubtful, Bauer escapes charges and is still suspended, he is an excellent bet to challenge MLB’s “guilty until proven innocent” approach in the courts. Pains-in-the-necks have their uses.”

Last week, Major League Baseball and the MLB Players Association agreed to extend the Bauer’s administrative leave (he’s still being paid) through the end of the World Series, which the Dodgers still have a fighting chance to be part of should they make the play-offs. There has been no new evidence since June; the accusations against Bauer remain just that. He denies them, saying that the rough sex he had with his accuser was entirely consensual, and that he is the victim of a shakedown.

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A Baseball Ethics Quiz: Moral Luck And The Deflected Ball

BARTMAN-jumbo

I was surprised to find how often I have written about the Steve Bartman incident (shown above) here. For those of you who missed it (and if you are not a baseball fan, couldn’t care less) the episode is rife with ethics lessons.

Bartman was the hapless young Chicago Cubs fan in 2003 who unintentionally interfered with a foul ball that might have been catchable by Cubs outfielder Moises Alou in the decisive game of 2003 National League Championship Series. Bartman’s mistake (it didn’t help that he was wearing earphones and watching the ball rather than the action on the field) began a chain of random events that ended in a complete collapse by Chicago in that very same half-inning, sending the Miami Marlins and not the Cubs, who had seemed comfortably ahead, to the World Series.

Bartman issued a sincere and pitiful apology but it didn’t help. He was widely vilified by Chicago fans, who at that point had not seen a pennant-winning team in their lifetimes. Sportswriters joined in, and he was literally run out of town. Bartman’s name then became part of Cubs and baseball lore, one more chapter in the sad saga had been called “the Billy Goat Curse,” the uncanny inability of the Chicago National League team to win it all. The Cubs finally broke the imaginary curse in 2016, and in a show of kindness and remorse, privately awarded Bartman  an official Chicago Cubs 2016 World Series Championship ring.

That was nice, but Bartman’s life had already been, if not ruined, seriously degraded by the incident. I thought about poor Steve last night, when a foul ball nearing Fenway Park’s “Green Monster” left field wall wafted its way down the foul line. As Sox outfielder Danny Santana tracked it, so did several fans in the seats that look over the grandstand onto the field. Their eyes were on the ball, and as it moved way from foul territory into fair–maybe: in Fenway Park at that point, it is only a matter of a few feet’s difference—one fan lunged for the ball, deflecting it away from Santana’s glove.

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Sounds Fun, But Is It Shakespeare?

“The Merry Wives of Windsor” in Central Park is a “Critic’s Pick” by the Times theater reviewer Jesse Green. We learn that William Shakespeare’s “comedy of clever women, frail men and harsh revenge” has been “shaped” into one of “love and forgiveness.” We are informed that a drummer from Zimbabwe leads the audience in a call and response chorus of vernacular African salutations: “Asé” (Nigeria), “Yebo” (South Africa) and “Wau-Wau” (Senegal) among them. We are informed that the adapter has cut the number of characters in “The Merry Wives of Windsor” nearly in half, and that the running time is more than a third shorter than the Bard’s 1597 comedy.

Yes, and the “adaptation” apparently eliminates much of Shakespeare’s wordplay, including politically incorrect words like “master” and “mistress,” which Green says have “buzzkill implications.” Gone too are “misogynist references.” Predictably the setting is no longer England, or Windsor, but Harlem: it is difficult to find a a production of any Shakespeare play today that has any connection to the original in time or space.

The director and adapter have also “made several adjustments to embrace queerness where the original used it merely for humor.” Of course.

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More American Idol Ethics: Are The Fans Of The Show Really As Unfair And Stupid As The Producers Think They Are? Is Everybody?

KKK video

Here’s a quick summary: American Idol has tossed one of its finalists off the show because a video he posted when he was 12 years old shows him standing next to someone who looks like he’s wearing a KKK hood.

Top-five finalist Caleb Kennedy was therefore treated as a white supremacist racist even though the show almost certainly knows he isn’t. Or perhaps the show didn’t do any investigation, and just took this drastic action because it didn’t want to be attacked by activists and Black Lives Matter, and it was easier to sacrifice an innocnt kid. Kennedy’s mother, Anita Guy, gave a statement to MSN claiming that the video was taken when Kennedy was 12 and inspired by the horror movie “The Strangers: Prey at Night” “They were imitating those characters. It had nothing to do with the Ku Klux Klan,” she said.

Let’s see: the movie is a 2018 film, so the timeline is right. I guess a 12-year old imitating the guy in the middle might resort to a Klan-style hood:

Strangers

If the mother was making that up, she really did some impressive research.

Caleb, 16, posted a statement about his departure on Instagram:

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No-Hitter Ethics!

Hope

You see, this is why I am a lifetime underachiever. Here I am, desperately preparing for a challenging 3-hour seminar, and when Jutgory sends me a story about a controversy over what should count as a “perfect game” in baseball, I can’t think of anything else. Baseball and ethics. The combination gets me every time! So I am writing a post instead of doing my job. Pathetic.

For some reason, 2021 has been a big year for no-hitter definition categories. About ten days ago, Arizona Diamondbacks left-hander Madison Bumgarner threw seven hitless innings against the Atlanta Braves, winning 7-0. However,the game was part of a doubleheader, and this year, as in the 2020 season, twinbills consist of two 7 inning games. Bumgarner’s gem does not officially count as a no-hitter, because MLB declared many years ago that an official no-hitter must be nine innings, a shutout, a victory, and a complete game. This eliminated no-hitters that had been shortened because of rain but were still official games, and the strange games where a pitcher gave up a run or more because of errors or walks. It also wiped out one of the most famous no-hitters of all time.

Harvey Haddix of the Pittsburgh Piratesgave up no hits, walks or baserunners for 12 innings against the Milwaukee Braves on May 26, 1959 in a 0-0 extra-inning tie. He retired 36 consecutive consecutive batters until an error in the 13th ended the perfect game bid, then he gave up a hit, and eventually a run and the game. It was one of the greatest pitching performances of all time, but did not count, sayeth the rule-makers, as a perfect game or a no-hitter.

Not giving Baumgarner credit for a “no-no,” as no-hitters are called by their close friends, seems very unfair. The game was official and not shortened by the elements. He did everything he could do: it wasn’t his fault MLB is lazy and incompetent and decided to allow kiddie rule 7-inning games this season. (The excuse was, as with much that is outrageous, the pandemic.) I am quite sure that baseball didn’t think through such possibilities as a double-header no-hitter, and was stuck with a rule that really shouldn’t have applied.

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The Andrew Yang Affair

Andrew Yang, as of this week the front-runner for mayor of New York City, did nothing unethical.

Well, allow me to modify that. Allowing yourself to be placed at the mercy of a stranger while being videoed is political incompetence. And his fake laugh was too convincing.

The video above, since the news media no longer allows the public to hear or read essential aspects of such stories because journalists regard themselves as public censors, is confusing, so here is what transpired.

The whole, unblurred, unbleeped video is on TikTok, and WordPress won’t let me embed TikTok. Someone the candidate to let him take a phone video as another stranger, a smiling and giddy black man, asks Yang whether a man, “while he’s fucking bitches, can he keep his Timbs on?.” — a reference to Timberland boots. Yang’s answer, under the circumstances, is pretty deft: “I think it’s purely up to your partner.”

Then the classy New Yorker asks Yang whether he “choke[s] bitches,” and Yang laughs—convincingly, I must say— and leaves.

Gotcha!

Yang’s polite engagement with the man after he used the word “bitches” and his apparently hardy laughter after the “choke bitches” line made him an inviting target of feminists and his rivals.

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When Ethical Is Also Smart: The D.C. Statehood Dilemma

DC statehood

The introduction of a bill for D.C. statehood seems like a good time to consider this.

The GOP opposition to statehood for the District of Columbia is a genuine example of the kind of voter suppression that the Left is unfairly and dishonestly accusing Republicans of pursuing elsewhere. The proof of this is stunningly simple: Does anyone believe that if Washington, D.C. had an overwhelmingly conservative population that could be counted on to put Republicans in office, the party wouldn’t be insisting that the city should become a state? (Does anyone believe that if this was the case, Democrats would not be opposing their position?)

The District’s largest racial group is black, with whites slightly behind. But Democrats make up more than 75% of the registered voters , while only 6% are registered Republicans. About 95% of all voters can be relied upon to vote Democratic in any election, regardless of the candidates.

Therefore Republicans don’t want the District to be able elect two Senators and a voting House member. This isn’t racial voter suppression: you know that if black voters in the District were reliable Republicans, the alternate universe I posited above would exist. But it is still voter suppression. The fact that U.S.citizens living in the nation’s Capital lack representation in Congress is a national scandal that has persisted too long.

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Sunday Morning Ethics Warm-Up, 2/28/21: A Missing Part 2, And More…

“Never on a Sunday” was a surprise international hit film in 1960, a romantic comedy starring Melina Mercuri as a choosy Greek prostitute. The actress also recorded the film’s title song, which had a, er, slightly different meaning in Greek, as my mother, who spoke Greek, delicately explained to me at the time. “Kiss,” mom said, doesn’t exactly mean kiss. Nevertheless the song was covered by lots of singers. including the pre-“Downtown” Petula Clark, and was ubiquitous for months. It was also the first song I ever wrote a parody of, #1 of hundreds.

1. It’s comforting to know that the conservative media is trying to be just as unfair to President Biden as the progressive news media (also known as “the media”) was to President Trump. Yesterday i read many stories about how Biden had a complete meltdown during a speech, didn’t know where he was and asked, “What am I doing here?” As you can see for yourself, that’s a false representation. Joe looks vague and unwell, but he merely got lost momentarily reading a list of names. I have said out loud, “What am I doing?” on more than one occasion while speaking.

2. And this is why it’s important to have a conservative Supreme Court: The Supreme Court ruled on February 26 that Santa Clara County may not enforce a complete ban on indoor religious services as part of California’s draconian pandemic measures. (Wait, I’m confused: who are the fascists again?) Earlier, the Court told California that indoor church services could not be banned because of the pandemic, but allowed the state to cap attendance at 25% capacity and to prohibit singing and chanting.

Santa Clara argued that its ban and limitations on any indoor gatherings should be allowed to stand because its restrictions for churches were the same as those imposed on other establishments where people can visit but not gather in groups. The Justices’ unsigned order last week said that the earlier order “clearly dictated” that Santa Clara’s ban could not stand. Chief Justice John Roberts had written at the time,

“The state has concluded, for example, that singing indoors poses a heightened risk of transmitting COVID-19. I see no basis in this record for overriding that aspect of the state public health framework. At the same time, the state’s present determination—that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero—appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.”

Showing their insufficient appreciation of the interest at stake—the right to worship—were the three liberal Justices, Kagan, Sotomayor, and Breyer.

3. I was going to post a follow-up to this post about the film “Denial” (hence the “Part I” in the headline) and other issues intervened. (Sorry). To summarize briefly, Part 2 was going to recount my own run-in with Prof. Lipstadt at the time of her defamation trial when she was sued for defamation by a Holocaust-denying British historian in 2005. In my previous ethics website, the suddenly returned Ethics Scoreboard, I gave C-Span an Ethics Dunce award based on Prof. Lipstadt’s account that it had insisted that the Holacuast denier’s arguments be presented on video as a condition of her appearance on its broadcast. I wrote in part,

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Cancelled For A Single Word

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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Comment Of The Day: “From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…”

hitler-art

Genie Baskir, who has commented on Ethics Alarms since 2011 and averages about two entries a year, makes her latest comment count: it’s an unusually tough and moving Comment of the Day, on the post, From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…:

Everything was stolen from Leone and her own children and grandchildren. The painting represents the hole in her life and that of her descendants whether obvious or not. The University of Oklahoma’s insistence on keeping the spoils of Holocaust looting represents the continued suffering of every victim of massacre and mass murder since WWII. Overcoming this trauma does not absolve offspring collaborators of their offenses and, let me make this clear, the University of Oklahoma is an offspring collaborator. It knows that Leone Meyer was in the subordinate position in this negotiation and now it wants to continue it descendant collaboration in mass murder and looting because it thinks it can just like the first Nazis held their collective victims’ feet to the fire 80 years ago.

The majority of Holocaust survivors are dead now but their children know and remember the hole in their collective lives as they are collateral victims themselves. We know and remember. Leone Meyer knows and remembers.

My own mother died not ever knowing what happened to her parents and brother. Both of my parents were sole survivors of large extended families. Imagine having no grandparents, aunts, uncles, cousins or any close blood relations. Imagine being a child processing that everyone of immediate consequence has been murdered. I claim no uniqueness. Massacres and the resulting survivors are still a common occurrence. What’s missing is the empathy and compassion of those who have not that knowledge.

When my mother, aged 15, returned to her home after walking across Poland in late 1944 the next door neighbor, stunned that she survived, reported that the home had been looted by all of the neighbors. He then returned to her a doll and her movie star picture albums. The neighbor then told her to get out of town or she would be murdered by her other neighbors who were complicit in the disappearance of the Jewish families.

The back of the returned movie star pictures had my mother’s mother’s handwriting on them. This handwriting is the only extant evidence that Augusta Pecenik Fischer ever lived at all. Lucky for me that no one is fighting me for these artifacts.

If possession is 9/10ths of the law and the painting is still in France then let France continue to atone for its own collaboration in mass murder. Who will enforce the Oklahoma District Judge’s Order anyway? Who does he or she think they are? After everything that has happened to us, we are afraid of a contempt order from a Judge with no enforcement ability anyway? This Judge is another offspring collaborator if he or she thinks those of us with knowledge care about the ruling.

The burden is on those of us with the knowledge of such tragedy and trauma to try and relieve the suffering of those who are continuing victims. The Judaicide of the 20th century is unique only in that its surviving victims had the strength and wherewithal to demand wholeness in the aftermath. No one was ever made whole but the ability to continue the struggle was rejuvenating as was the ability to start again with new families and offspring and new wealth.

Anyone who knew my mother in the United States without knowing what happened to her would never have guessed what was taken from her when she was just a little girl. Her suffering was never an exterior mien burdening all who met her. She channeled her efforts at wholeness into amassing her own impressive wealth and living well as her revenge. Leone Meyer is struggling for wholeness as represented by this great work of art and she is already the winner.

Offspring collaborators like the University of Oklahoma are empty vessels of opportunity mixed with ignorance and hatred for their moral obligations. We must pray for them to realize the errors of their ways.