fairness

Analysis: Neil DeGrasse Tyson’s #MeToo Accusations And His Response

/ Jack Marshall / 31 Comments

Oh, great…the Harvey Weinstein Ethics Train Wreck is still making stops and picking up passengers. This time the target is Neil deGrasse Tyson who someone, actually several somones, decided was a powerful man too full of himself who needed to be taken down a peg or sixty, and thus he has been accused–Democratic Senators would say “credibly” accused—of two episodes of sexual harassment and one rape. This is no trivial matter for Tyson, whose carefully constructed image as the new Carl Sagan is now in real danger. So is his job, his celebrity, his reputation and perhaps his marriage.

The three accusations belong in two boxes. The two sexual harassment claims may bolster each other, for harassing is an attitude, a habit, and a form of ethics blindness. Real harassers never do it just once. Rape is something else entirely, and, obviously, far more serious, since it is a crime.

Let’s examine each of the accusations, and Tyson’s defense, which he issued in a long Facebook post over the weekend.

Accusation #1:

Workplace Harassment: Hostile work environment and Unwanted sexual advances (2018)

Ashley Watson, who began a job as Dr. Tyson’s assistant on “Cosmos” in the spring, told an interviewer that on one occasion he asked if she would like to come to his home to share a bottle of wine and “unwind for a couple of hours.” She agreed to come in for one glass, she said, believing that they were going to talk about work and her future assignments.

Once in the astronomer’s apartment, she said, he told her that “as human beings, we all need release,” and asked if there were any “releases” she needed.  (Oh-oh!) As she began to leave a while later,  and he asked if she would let her show her  a Native American handshake.” This required clasping their hands together , finding the pulse on the other person’s wrist, and looking into each other’s eyes. (Super Oh-oh, and also “You’ve got to be kidding me.”) She says that it made her uncomfortable, and she broke it off after about 10 seconds.

As she was again trying to leave, she says Dyson commented, “I want you to know that I want to hug you so bad right now, but I know that if I do I’ll just want more.”

Then, the next day, he told her, “You say you want to be a producer, but it’s always going to be an uphill battle for you because you’re too distracting.”

She says told a supervisor ,a line producer,about what had happened, and that she was quitting.. The supervisor, asked Watson if she wanted to file a complaint. She said no. The supervisor suggested she tell her co-workers that she was leaving because of a family emergency, which she did.

Comment: If accurately described, this is slam dunk sexual harassment. The apartment visit is an extension of the workplace. If it is a veiled “date,” Tyson has crossed a line because he is the woman’s supervisor with hiring and firing power. She cannot consent meaningfully. The release comment, depending on the delivery and context, is creepy and plausibly sexual in intent, unless he also said, “Me? I like to watch baseball. How about you?” The “Native American handshake” sounds like a nifty version of the old “shoulder rub.” Now there has been touching, and forced eye-gazing. Ew. The last comment at the apartment  is also a sexual advance, especially in context with the rest.

Tyson’s Explanation: Not good. In his Facebook post,  Tyson described the handshake as one he uses “in appreciation of people with whom I’ve developed new friendships.” He said that at work, Ms. Watson freely offered hugs, which he typically rejected, but that on a few occasions, he “clumsily declared, ‘If I hug you I might just want more.’”

“My intent was to express restrained but genuine affection,” he wrote.

He also wrote that . Watson had come into his office after the incident in his apartment and told him she had been “creeped out.” He said he had “apologized profusely” and that she had accepted the apology.

Comment: Tyson’s defense is essentially “I didn’t mean anything by it, she construed it the wrong way, and anyway, she accepted my apology.” Those are three excuses, none of which carries any weight in sexual harassment cases. It’s what the harasser did, and how the harassed felt about it that matter. His apology and her acceptance of it, even if true, do not and cannot undo the event. The encounter and his words  made her uncomfortable working with him, and objectively, anyone can see why. It is also interesting that Tyson doesn’t deny the “release” conversation, or his later comment about her being a distraction.

Since Watson had to leave her job, this episode could justify a lawsuit for sexual harassment.

Accusation #2: Sexual assault (2009)

Continue reading →

The Alexander Acosta-Jeffrey Epstein Scandal

/ Jack Marshall / 26 Comments

That’s Epstein…a popular guy.

You have to buckle your seat belt and read this story.

The Miami-Herald undoubtedly earned itself a Pulitzer Prize with its detailed and horrifying account of rigged justice involving jet set multimillionaire Jeffrey Epstein, who parlayed money, connections, friends in high places and quite possibly extortion into a lighter-than-light sentence despite overwhelming evidence that over many years he had used his resources to gather “a large, cult-like network of underage girls — with the help of young female recruiters — to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day…The eccentric hedge fund manager, whose friends included former President Bill Clinton, Donald Trump and Prince Andrew, was also suspected of trafficking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico and the Caribbean, FBI and court records show.”

The prosecutor who allowed Epstein to virtually escape accountability for crimes that make such recent cultural villains as Harvey Weinstein appear to be benign in comparison was the Trump Administration’s Secretary of Labor, Alexander Acosta, then the U.S. attorney for Southern Florida.

Nobody’s talking, except the alleged victims, who are now mounting a legal challenge to the fiasco. Epstien’s lawyers, the kind of high-powered, high-priced super-team that only the richest of the rich can summon, included Allan Dershowitz, Roy Black and Ken Starr, among others, can’t discuss their representation under the rules of client confidentiality. So far, Acosta has been silent as well. The evidence that the paper’s investigation has uncovered—and again, don’t rely on this brief post, read the whole story—is persuasive, damning, and for me, someone who works in and with the legal profession, spiritually devastating. This, from the Maimi-Herald’s introduction and conclusion, provides some sense of the magnitude of the scandal: Continue reading →

Comment Of The Day: “Sick-Bed Ethics Warm-Up, 11/14/18: Ethics Among the Sneezes” (Item #6)

/ Jack Marshall / 7 Comments

I’m still catching up on Comments of the Day, and they won’t be arriving in strict chronological order. This one comes from Tim LeVier, one of the three longest-running commenters on my two ethics websites, the now off-line (but soon returning) Ethics Scoreboard and Ethics Alarms. Tim was bringing some perspective to the infamous Baraboo High School photo, used by various commentators and pundits to further all sorts of agendas while creating a perhaps permanent stain on the reputations of the participants.

Here is his Comment of the Day on Item #6 in the post, Sick-Bed Ethics Warm-Up, 11/14/18: Ethics Among the Sneezes:

What I wanted to do was give some hard numbers on this. I count 64 distinct individuals that can be seen. If one were to use this photo as an indictment, then you have to look at each person as an individual to see what they’re doing. 32 of the 64 could be said to be doing something that looks like a Hitler salute, but most of them are pretty poor. Some are spot on. Another 12 of the 64 are so poor or different that you couldn’t say they were a Nazi salute, such as fists in the air, bent arms, looks like they’re waving. 20 of the 64 simply can’t be seen, don’t have their arm up, or have the wrong arm up or have both arms up.

So, overall, it’s a 50% gotcha of the 64 boys. Continue reading →

Mid-day Ethics Warm-Up, 11/28/18: Thanks, Twitter, A Properly Derisive Label Needed, And More Mainstream Media Bias That Is All In My Mind

/ Jack Marshall / 46 Comments

Having a nice day?

1. A tardy recognition of things to be thankful for. Several of the regular readers here, notably Other Bill, valkygirrl, Pennagain, Michael West, Neil Dorr and Zoltar, but also others, have been flagging ethics stories for possible Ethics Alarms coverage. This has been especially helpful during my recent bronchitis battle, but I can always use tips, especially since my amazingly productive ethics scout of many years, Fred, had to take his talents elsewhere. The best way to send me your links and recommendation is at jamproethics@verizon.net.

2. This explains a lot. Pollster Frank Luntz says that 67% of Democrats believe it is “definitely true” or “probably true” that “Russia tampered with vote tallies in order to get Donald Trump elected.” There is no evidence, none, that Russia tampered with vote tallies. There isn’t even evidence that Russian-planted “fake news” in social media and other meddling had any measurable effect on the election. Never mind: two-thirds of Democrats are convinced that Hillary Clinton couldn’t possibly have lost to a creep/Nazi/ lunatic/ moron/racist  like  Donald Trump without sinister forces making it so.

This delusion does explain a lot. As a foundation for false beliefs, it is strong impetus to confirmation bias, which Democratic officials and the news media have aggressively and cynically—and successfully—courted. I thought Republicans should hide their heads in bags after polls showed that about 40% of them as recently as 2016 believe that Barack Obama probably wasn’t born in the U.S. Two-thirds of Democrats believing Russians hijacked the election is, if possible, worse. Of course, Republicans didn’t force an endless investigation over Obama’s qualifications to be elected President, so that’s in their favor.

We do need a name for the Left’s conspiracy theorists regarding the 2016 election, though, since the group appears to comprise the majority of Democrats. “Truthers”…”Birthers”…and?

Submissions welcome. Here’s the poll data (more here): Continue reading →

Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

/ Jack Marshall / 20 Comments

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading →

Stop Me If I Ever Do This: Ann Althouse Disses William Goldman Without Knowing What The Hell She’s Talking About

/ Jack Marshall / 10 Comments

Sometimes I worry about Ann Althouse. She’s often one of the most perceptive and objective bloggers on law and politics, but when she leaves her zone, we get things like her recent dismissive assessment of screenwriter/novelist William Goldman upon the news of his death.

Althouse admits that she hasn’t seen many of Goldman’s films, and I presume that she hasn’t read his novels, either. Nonetheless, she writes, “Goldman seems to have been a competent, successful, mainstream writer, and good for him, but I have no sense of him as original, profound, or speaking to me.”

Let me enlighten her. (And by the way, how could he “speak to her” if she didn’t read his novels or watch his best films?) Goldman was one of the very best, cleverest and reliably excellent screenwriter of his time, and probably any time.  Althouse cherry-picks an interview in which he said in part,

“[P]ay attention to the audience. The great thing about audiences is, I believe they react exactly the same around the world at the same places in movies. They laugh, and they scream, and they’re bored. And when they’re bored it’s the writer’s fault.”

Incredibly, Althouse uses this endorsement of lively writing, which Goldman was a master at, to minimize and condemn him. “And that’s the attitude about movies that has taken over in the last 40 years and why I’m not interested in movies anymore. This grand effort to preemptively stomp out all boredom bores me,” she writes, whatever THAT means. Goldman isn’t talking about explosions, sex scenes or CGI dinosaurs. He’s talking about stories that go somewhere, avoiding cliches, and making an audience want to watch and listen. My approach to play direction embodies exactly the same philosophy. I learned a lot about drama and comedy from Goldman’s films. Continue reading →

Morning Ethics Warm-Up, 10/26/2018: ‘Bombs,’ Bicycles And Bullying

/ Jack Marshall / 93 Comments

Good morning!

I need Jimmy today. (Bing’s on this one too…)

1. They’re NOT “bombs.” I urge everyone to call their friends on this. Until it is established that in fact the “suspicious packages” (the FBI’s current description) or the “potentially destructive devices” can blow up and that they were intended to blow up, referring to them (as the New York Times has done) as “pipe bombs” and the mysterious asshole who sent them as “the bomber” is misleading and, in many cases, deliberately inflammatory. Cut it out. Nor are the mailed whatevertheyares “attacks.” Nobody has been “attacked” until the intent to harm them has been established, and it hasn’t been.

This is driving me crazy, in case you can’t tell.

The news media obviously wants these to be bombs, wants the sender to be a deranged Trump fan, hell, they’d love it if the sender was Trump himself. So they can’t help themselves, apparently, in jumping the gun and dishonestly reporting what is still very much in doubt. Personally, I would love to have it determined that the perp is a “resistance” member pulling a false flag operation, just to teach the news media a lesson, not that they are capable of learning it.

2. Trump’s Tweets. CNN and MSNBC are melting down with faux fury over this morning’s Trump Tweet, which said,

Funny how lowly rated CNN, and others, can criticize me at will, even blaming me for the current spate of Bombs and ridiculously comparing this to September 11th and the Oklahoma City bombing, yet when I criticize them they go wild and scream, “it’s just not Presidential!”

Notes: Continue reading →

Conclusion: If #MeToo Has No Integrity, Then It Is Doomed, And Deserves To Be

/ Jack Marshall / 31 Comments

When the #MeToo movement emerged, the idea appeared to be that women (and men!) should speak out about sexual assault and sexual harassment, that powerful people should not feel entitled to take physical liberties with others, and that the culture needed to unequivocally and clearly condemn such conduct. Like most abstract concepts, it sounded good in theory, until—

—the question about what constituted sexual assault and harassment remained unanswered, because in so many cases it is a matter of perception and perspective.

—basic due process and the presumption of innocence were ignored, minimized, or jettisoned entirely, turning the accused into victims themselves

—Democrats sought to weaponized the movement politically, raising questions about motive, equal justice, and bias, and turning what should have been a bi-partisan movement into a cynical partisan one.

—The “women must be believed” mantra, discriminatory, unjust and ridiculous on its face, became part of the narrative and burst into open misandry and outrageous double standards.

Then the Harvey Weinstein Ethics Train Wreck collided head-on with the Brett Kavanaugh Ethics Train Wreck, and here we are among ethical and cultural carnage.

Good job, everybody!

Now here’s where we are: Continue reading →

Wait, WHAT? Democrats Think That They Aren’t Unethical ENOUGH?

/ Jack Marshall / 70 Comments

There are so many things in today’s post-Kavanugh confirmation Politico piece that might explode an ethics-savvy readers’ head, the CDC should seek leave to ban it as a menace to public health.  The Thing is titled, Democrats Fear They’re the Wet Rag Party: Kavanaugh’s victory leaves many on the left saying it’s time to get mad—and even, and better proof of the reality of Trump Derangement and the ethics collapse of the Left  would  be hard to find.

A digression: Well, not TOO hard. A novelist and passionate progressive blogger named Chuck Wendig published this Twitter rant after the confirmation vote:

There will be renewed calls for civility. Ignore them. They ask for civility as a way for you to grant them complicity in what they do. Civility is for normalcy. When things are normal and working as intended, civility is part of maintaining balance. But when that balance is gone, civility does not help return it but rather, destabilize it further. Because your civility gives them cover for evil. Note: this isn’t the same as calling for violence. But it is suggesting that you should not be shamed for using vigorous, vulgar language. Or for standing up in disobedience. Or for demanding acknowledgement and action in whatever way you must.

Fuck Trump. But he’s just the ugly fake-gold mask they’ve put on this thing. Fuck all the GOP, fuck that blubbering, bristling frat boy judge, fuck McConnell, Ryan, Grassley, Collins, every last one of them. Fuck them for how they’ve shamed victims and helped dismantle democracy. They will tell you to smile, that we need to get back to business, that we gotta heal the rift and blah blah blah — but that’s the desire of a savvy bully, who wants you to stop crying after he hit you, who wants you not to fight back. But you can cry. And you can fight back. They can eat shit. All of them. They can eat a boot covered in shit. Winter is coming, you callous fucknecks, you prolapsed assholes, you grotesque monsters, you racists and rapists and wretched abusers, you vengeful petty horrors.

Sidenote: some will tell you to be civil because our rage and scorn will fuel the other side, but fuck that double standard in both its ears.

Well, if you hadn’t said those SASSY WORDS and demonstrated ANGER at our whittled-down democracy, I for a second might’ve been convinced not to eat this baby. But fie! Fie on you! Your incivility MADE me eat this baby!” Spoiler warning: they were always gonna eat that baby.

PS— It’s okay if you’re not okay.

I keep hearing the talking point that confirming Kavanaugh somehow undermined democracy. This is essentially a Big Lie, which the Democrats and “the resistance,” being totalitarians in training, are employing with increasing frequency, if not deftness. Democracy is allowing elected Presidents to appoint qualified judges to the Supreme Court, which is what Trump did, and the Democrats tried to prevent. Our democracy demands the presumption of innocence and due process, which Democrats tried to declare null and void. Our democracy demands equal justice under law, which means that accusers and the accused both have rights, and one gender isn’t accorded greater deference than the other.

How did poor Chuck’s brains and values get this scrambled?

End of digression: back to Politico. Reporter John Harris tells us that Democrats think they were too nice when they employed every cheap trick, unfair avenue of inquiry and a series of late, legally and factually dubious attacks on Kavanaugh’s character to defeat or at least delay his confirmation.

Does this post-confirmation quote make your head explode? Continue reading →

Ten Questions On The Unethical Tweet Of The Week By Colbert “Late Show” Writer Ariel Dumas

/ Jack Marshall / 29 Comments

The Bad Guys.

Ten Questions: Continue reading →