fairness

The Rep. Kihuen Matter And The Trouble With Witch Hunts

/ Jack Marshall / 7 Comments

Accused Congressman with unidentified woman…

After last week’s appearance on an NPR panel on sexual harassment, hosted by Michel Martin, I posted some important aspects of the topic that I felt needed to be covered, but were not because of time constraints. I wrote in part…

[T]hese accusations can be weaponized, just like rape accusations on campus. Sexual harassment law can be used as a sword as well as a shield, and if provided the chance, I can explain how and give real life examples. One is Anita Hill…

The fact that sexual harassment has to be unwelcome sexual attention in the workplace is not generally understood. It also is unique: what other acts are deemed unlawful, regardless of intent, based on how the object of those acts chooses to react? This feature is why sexual harassment law is viewed by many women and men as inherently unfair. It literally means—I have a skit I use in training that illustrates this—that if actors George Clooney and Steve Buscemi behave exactly the same toward an object of their affections in a workplace setting, and the woman involved finds George attractive and Steve not so much, Steve has engaged in sexual harassment, but George hasn’t.

“When ethics fail the law steps in,” and this is a case where the law is a terrible substitute for ethics. Men like George, and, yes, Trump and even Harvey, are convinced that their touches, hugs, gropes and kisses won’t be unwelcome, and so they don’t think of themselves as harassers. For poor Steve, Al, Louis and other homely non-billionaires, it’s worth a shot, in their mind.

Meanwhile, what is “welcome”? … Is the conduct by a man with a grope or a kiss sexual harassment whenever the woman decides she would have rather it hadn’t happened? That is the issue raised by these late allegations. Let’s say a woman was [ spontaneously ] kissed by Donald Trump, and afterwards, she said to her friends, “That was cool! Donald Trump kissed me, just like that!” Then he’s running for President, and everyone she knows hates the guy, and now she thinks, “Yuck! That creep kissed me! I was one of those women he was bragging to Billy Bush about! He harassed me!”

Is that fair? Is that right? Can a man be retroactively guilty of sexual harassment because a woman’s perception of what happened changes over time?

These and other issues were just raised in one of the latest witch hunt accusations, the claim by a former 2016 campaign staffer of Rep. Ruben J. Kihuen (D-Nev), once a rising Democratic Party star,that he harassed her.

Unlike many of the other notable men who have been run down by the Harvey Weinstein Ethics Train Wreck, Kihuen, at least so far, has been accused of the most common and least horrible form of sexual harassment. The allegations would support the case that Kihuen created a hostile work environment for his subordinate by unwelcome sexual advances.  “Samantha” says that she rejected multiple sexual overtures by Kihuen, including once when when he suggested they get a room together in a hotel. She also says that in two instances he began touching her thigh, and asked if she was open to cheating on  her boyfriend. She says these attentions made her  so uncomfortable—that’s a hostile work environment!—that she quit as his campaign finance director after only five months on the job.

If an employee made these complaints to a business’s HR department, there would be an investigation. No job action could be taken against a supervisor based on her word alone. If there was no substantiation,  the supervisor denied it and no similar accusations had been made by other employees, no company could or should fire the accused individual. Moreover, until an investigation is complete, the position must be that the supervisor is innocent, and will not be penalized pending an investigation. Any other handling of such an episode is unethical: unfair, harmful, and wrong.

Kihuen denies that he engaged in harassment. Yet Nancy Pelosi, she who insisted less than a week ago that “due process” must play out before Rep. John Conyers should have to resign after multiple accusations from women, now says that Kihuen must resign based on one woman’s allegation, before any investigation.

This is true witch hunt stuff. Nothing has been proven. By this standard, a woman can kill a man’s career with an accusation. That is a lot of power. Power corrupts. Pelosi wrote, Continue reading →

The Great Pie Controversy, or “Why Reporter April Ryan Isn’t Invited To The White House Christmas Party And Rightfully So”

/ Jack Marshall / 35 Comments

Did you miss The Great Pie Controversy? Then sit down, children, and hear the tale…

It all began when White House spokesperson Sarah Hucklebee Sanders posted a photo on Thanksgiving showing a pecan pie she baked for Thanksgiving. Above  is the  2:40 p.m. tweet.  The next day, American Urban Radio Networks Washington bureau chief April Ryan tweeted her doubts that the pie was real, implying that Sanders was a liar.  She needed to “show it to us on a table,” Ryan demanded, and had to see “folks eating it and a pic of you cooking it.”

Now, let us pause and ponder what would make someone react like that to a simple declaration that someone had baked a pie for Thanksgiving.  Why would anyone set out to embarrass and impugn an individual’s honesty over something so innocuous, based on no evidence or good reason at all? This isn’t journalism. It ‘s just meanness, motivated by sheer bias and hate. Conduct like that is so contrary to the Golden Rule that it constitutes tarnish.

And, of course, Ryan’s demands were also stupid and unreasonable. How would Sanders, where she so inclined, produce photos of guests eating a pie after it had been eaten?

Never mind. This example of disgusting and gratuitous reporter enmity was quickly picked up by the anti-Trump journalism establishment as an actual news story. Continue reading →

Morning Ethics Warm-Up, 11/30/2017: Bad Tweets, Bad Rep., Bad Rap, Bad NBC…

/ Jack Marshall / 12 Comments

Bad night, but…

Good Morning!

1 Straight to the top of the charts…When we put together the definitive list of President Trump’s Top Ten (Top 100? Top 1000?) stupid, undignified and self-wounding tweets, yesterday’s sequence of unsubstantiated videos–from a radical right wing British group— of alleged violence by Muslims has to be on the list. I could counter that the eruption of indignation by the vast majority of people who can comprehend what’s wrong with this is a bit annoying from the progressive side—the official Obama Administration position that Islam is a lovely religion of rainbows and unicorns and that Muhammad doesn’t instruct his followers from the grave that infidels are scum and deserve to die is far more dangerous than Trump’s hate-tweets—but that would obscure the key point. Trump’s retweeting is ugly, unnecessary, undignified, looks bigoted, and plays into the hands of the worst of his enemies, who express themselves like this.

Now we have to listen to that dishonest and contrived 25th Amendment garbage again, which never quite stopped anyway. Once again, the President has blown more wind into the sails of anti-democratic hypocrites like Ezra Klein, who argues for a Constitution and Separation of Powers-wrecking version of impeachment to get rid of Trump. No, Trump hasn’t gone crazy: he’s exactly the man we elected, and exactly as able to do his job as he ever was. Tweeting irresponsibly is not a high crime and misdemeanor. Being Donald Trump is not a high crime and misdemeanor.

But the President is playing with fire by encouraging the large political movement that would criminalize not agreeing with their world view. That’s as indefensible as it is idiotic.

2. This much is clear. It is now clear that NBC only fired Matt Lauer because an explosive Variety exposé was on the way, and it was a close call at that. It is pretty clear that the mystery of why NBC rejected journalist Ronan Farrow’s investigative reporting on Harvey Weinstein has been solved: NBC had its own lurking sexual misconduct cover-up to worry about. It is, or should be clear from Variety’s reporting that the astounding brazenness of Lauer’s conduct had to be common knowledge among Lauer’s colleagues and NBC executives, and that they unethically applied The King’s Pass, deliberately allowing Lauer to abuse and terrorize female employees, some of whom played along to get along. TMZ uncovered an old interview in which Katie Couric happily revealed that one consequence of working with Matt was that she got her butt pinched a lot. Nobody paid attention, in part because our pathetic news media buried it. Continue reading →

Morning Ethics Warm-Up, 11/28/2017: The Worst Defense Of Roy Moore Ever!

/ Jack Marshall / 34 Comments

Good Morning!

1 The Dumbest Moore Defense Ever Told! Debating with Chris Cuomo on CNN yesterday morning, Breitbart senior editor Joel Pollak made the following argument in defense of  Alabama GOP Senate candidate Roy Moore:

“You know, in 1973 Ringo Starr hit number one on the Billboard charts with the song, ‘You’re 16, you’re beautiful, and you’re mine,. He was 30-something at the time singing about a 16-year-old — you want to take away Ringo Starr’s achievement?”

He really did.

2. Sally Yates and James Comey are happy, anyway. Leandra English, the deputy director of the Consumer Financial Protection Bureau, argues that the Dodd-Frank Act makes her the lawful the acting director of the agency in a lawsuit she has filed  against President Trump, who also has the law on his side. He appointed Mick Mulvaney, currently Trump’s director of the Office of Management and Budget, as acting director to replace Richard Cordray, who appears to have resigned explicitly to foil the President’s ability to appoint his own choice to head the CFBP. Now there is mess triggered by a rare, genuine example of two statutes with authority over the same situation.

The Justice Department’s Office of Legal Counsel issued a legal opinion that says the Dodd-Frank Act does not displace the President’s authority to appoint under the Vacancies Reform Act. Either statute can be invoked. “We cannot view either statute as more mandatory than the other,” the opinion says. “Rather, they should be construed in parallel.”

Of course, employees of the Executive Branch are ethically obligated to defer to the President of the United States, but this President is handicapped by a thick muck of arrogant holdovers from the Obama Administration, who think it is appropriate to sabotage and undermine a leader whom they do not approve of. This is indefensible.

The lack of the basic deference and respect all elected Presidents should be able to depend upon that so many of the previous administration’s personnel have displayed is an indictment of the Democratic Party’s principles, integrity, fairness, patriotism and respect for process. This is how this story should be reported, too, and would be, by a competent and ethical news media. Continue reading →

Unethical Political Cartoon Of The Month: Barry Deutsch

/ Jack Marshall / 24 Comments

 

To be fair, the Justice wasn’t much of a cartoonist…

In today’s warm-up, I briefly discussed the acquittal earlier this moth of NYPD officer Wayne Isaacs in the shooting an unarmed black motorist.  It was a weird case. Isaacs was off duty, and prompted a driver to apparent road rage by cutting him off in traffic. The motorist, according to Isaacs, walked up to his car and  struck him, and fearing that his assailant was armed, the officer drew his pistol and fired.

I don’t know if it was a coincidence or by design, but on the day of the acquittal progressive cartoonist Barry Deutsch, who once did battle (and well) at Ethics Alarms, posted this cartoon at his blog:

In the same post, he also called the late Justice Rehnquist a racist, which he was not, and made the demonstrably false statement that most police shootings involve blacks, but never mind that.

You have to really detest police and the principle of guilt beyond a reasonable doubt to regard such a cartoon as fair or enlightening. (Ethics Alarms is on record as declaring political cartoons an inherently unethical form of punditry.) No cop has been acquitted of shooting an unarmed  9-year-old kid in self-defense, and the cartoon is factually wrong that such a claim by a police officer would get him acquitted. Moreover, the case Barry is apparently referring to, Graham v. Connor, does not involve a shooting, and Rehnquist’s opinion for the majority doesn’t say what the cartoon says it does. In addition, the opinion in the case primarily relied upon by the majority in Graham, Tennessee v. Garner,  wasn’t written by the Rehnquist, but by Justice Byron White. It also specifically involved police shooting at fleeing suspects.

Thus the cartoonist a) doesn’t know what he’s talking about b) misleads his readers ( the blog is an echo chamber if there ever was one), and c) smears Justice Rehnquist. Continue reading →

This Explains A Lot, I Guess…

/ Jack Marshall / 25 Comments

Here’s another planned post from those lost notes on a Sunday Times I just found from two weeks ago:

In  the New York Times Magazine,  the Times announced the results of an online poll of 2, 903 subscribers by its research-and-analytics  department. 72% Times loyalists would prefer to have done something horrible that only they knew about than to have everyone think they did a horrible thing that they really didn’t do.

Wait…what?

See, if you did a secret horrible thing, there really was someone hurt by your conduct. If people just think you did a horrible thing, you in fact hurt nobody, and did nothing wrong. This was a sneaky way of asking, “Are you a selfish and unethical human being, or not?”  Well, sneaky assuming that Times subscribers are incapable of thought, or that they let their 12-year-old kids answer Times research questions. About 3/4 answered, “Oh, I’m completely unethical!”

For the sake of clarity, let’s assume that both sides of the question involve the same horrible act, agreed? After all, if the real act is setting an orphanage on fire, and the wrongly believed act is farting loudly during a funeral service, or vice versa, the question is ridiculously easy.

So…72% of Times subscribers would rather have murdered a child than have everyone wrongly think they murdered a child? Molested a child? Broiled and eaten a child? Committed adultery? Spousal abuse? Spousal torture? Buried a spouse alive? Keeping a spouse locked in a dungeon? Locking a spouse in a dungeon with rabid wolverines?

What does this poll result tell the Times? What were they trying to learns? What does it tell us?

I guess it might explain the continued presence of the likes of Charles Blow, Thomas Friedman and Paul Krugman on the Times op-ed pages.

Or maybe their presence explains why Times subscribers reason as they do.

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

/ Jack Marshall / 54 Comments

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 →

A Special #MeToo Ethics Quiz…

/ Jack Marshall / 59 Comments

This part is all true, unfortunately:

Many years ago, indeed, decades ago, I had a very traumatic and unpleasant experience. A very gay friend, an actor, called me to ask me to do a favor for him. He had been invited to a formal event by another actress we both knew. He didn’t know her as well as I did, but she was kind of pathetic and needy, and my friend, who in every respect other than his sexuality would be a dream date (among other talents, he danced like Fred Astaire) said he would be able to endure the evening only  if they doubled with me and my current girlfriend. I agreed, pending my date’s approval, which I received.

The evening was a humiliation that I will never forget.

My date, it turned out, had an strange and unrequited crush on my gay friend. I spent most of the night watching her spin around the dance floor with him—she was a professional dancer—while I sat with my friend’s supposed date, who sat making moon eyes at me. I danced with her a bit, though she was an even worse dancer than I was. I wanted to die. Not every guy gets his date charmed away by someone as flamboyantly uninterested in woman as Liberace.

The worst was yet to come. My date decided to stay the night with my gay friend—I forgave him, as he was genuinely guileless, but not her—and I took his date, now attached to me like a barnacle, which she resembled but with red hair, back to her apartment. I walked her to her door, and then, without warning, she reached up (I was about a foot taller than she), grabbed me by the neck, violently pulled my head down, kissed me, and stuck her remarkably long tongue so far down my throat that I nearly choked. I remember that my eyes were wide open, and so were hers,  staring back at me like the Devil does to Mia Farrow while he’s raping her in “Rosemary’s Baby.”  (Or so it seemed at the time. To be honest, her eyes were scarier than Satan’s. ) That image haunted me to for a weeks, and now I’m remembering it again.  ARRGHHH! THANKS, Ethics Alarms!

I never spoke to her after that night.

Fortunately, I did not become pregnant.

Your Ethics Alarms Ethics Quiz of the Day, Harvey Weinstein Ethics Train Wreck edition:

Continue reading →

The Diggy Fiasco : Pit Bull Bigotry Madness With A Happy Ending. THIS Time.

/ Jack Marshall / 11 Comments

My post of two years ago about the horrible anti-pit bull website dogsbite.org continues to attract comments from dog breed bigots who have either been deceived by dogsbite, or who go there to confirm their own ignorance. What is remarkable about these posts is that they are almost identical. They repeat the same falsehoods and the same debunked arguments, as if every one of their points hadn’t been thoroughly discredited by experts, dog breeders, researchers, and rational sites like Ethics Alarms. Pit bull hysterics simply will not yield to reality, and they don’t appear to care how many families their disinformation harms and how many loving dogs they kill with the “dangerous breed” legislation they extract from lazy lawmakers.

Here is a recent story showing  how deranged these laws are, their cruelty, and the kind of scenarios dogsbite.org and its fans encourage.

In June 2016, Waterford Township, Michigan, resident Dan Tillery and his girlfriend Megan  purchased their first home. The couple wanted to adopt a dog, and eventually found Sir Wiggleton, a big, white, happy canine nearing the end of his stay at a shelter after 100 days. Dan posted a photo of him with his new companions, with the caption,   “We know this photo is going to break the internet and we apologize, but we had to share…Sir Wiggleton and his new Dad are celebrating adoption day with huge smiles all around!”

Damned if the photo almost did “break the internet.”  But the viral picture of Sir Wiggleton, now renamed “Diggy,” inspired nightmares in some local pit bull phobic, so he or she reported Dan, Megan, and Diggy to the police.

The officers knocked on the door and informed Dan that he had violated Waterford’s ban on owning pit bulls. According to the township, pit bulls and pit bull mixes are considered to be “dangerous dogs.” Obviously Digby was a killer…

This possessing a vicious canine like Digby…

was a punishable crime. The dog police told Dana and Megan that Diggy would have to be returned to the Detroit Dog Rescue or else there would be consequences, even though Diggy’s adoption papers stated that he was an American bulldog. Continue reading →

Morning Ethics Warm-Up, 11/20/17: Harvard Hypocrisy, Homely Actors, Horrible Apologies, And The Head Of Apple’s Diversity Program Lands On A Pike

/ Jack Marshall / 25 Comments

Good Morning.

1 And The Harvey Weinstein Ethics Train Wreck rolls on…The Harvey Express ran over several more notables in various ways last week (like Lena Dunham…). Although Senator Al Franken got most of the publicity. One was actor Jeffrey Tambor, the long-time character actor turned star of the streaming show “Transparent,” about a transgender woman. Tambor’s former assistant, eager to pick up her #MeToo brownie points even at the risk of throwing the entire “Transparent” cast and staff out of work (this is another reason why these matters are more ethically handled privately), accused the actor of lewd comments and in one case “pressing up against her.” Now Tambor, and almost certainly the hit show, are, as Jeff Flake would say. “toast.”

This weekend I crafted the apology Franken should have offered, but as bad as the one he actually offered was, it was arguably better than what Tambor came up with:

“For the past four years, I’ve had the huge privilege — and huge responsibility – of playing Maura Pfefferman, a transgender woman, in a show that I know has had an enormous, positive impact on a community that has been too long dismissed and misunderstood.

I know I haven’t always been the easiest person to work with. I can be volatile and ill-tempered, and too often I express my opinions harshly and without tact. But I have never been a predator — ever.

I am deeply sorry if any action of mine was ever misinterpreted by anyone as being sexually aggressive or if I ever offended or hurt anyone. But the fact is, for all my flaws, I am not a predator and the idea that someone might see me in that way is more distressing than I can express.”

On the Apology Scale, this combines the worst features of a #9, a “non-apology apology,” with #10, an “insincere and dishonest apology,” with some other obnoxious features thrown in for bad taste.  Tambor begins by patting himself on the back–-I’m the star, and it hasn’t been easy, but look at all the good I’ve done!—then moves on to Rationalization # 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

Next, he engages in deceit, stating that he’s never been a predator, which is like saying he’s never been a race car driver or an antelope. He’s accused of sexual harassment and one incident of sexual assault. What his statement amounts to a non-denial denial: “I never did what she’s accused me of doing more than once!”

Yecchh.

2. “Because sometimes they say yes…” It is no coincidence that Tambor, Franken and Weinstein all come from the performing arts world and all are very homely men. I have observed in my own theater experience that the most aggressive violators of the boundaries of restraint and decorum in interactions with women in a theatrical settings are frequently the guys who are unattractive and feel  that it they don’t take chances, they’ll die a virgin. It is astounding how aggressive some of them are, and how resilient they remain after rejection and even physical abuse. If they fail a hundred times and succeed once, that’s positive reinforcement enough. If, through talent, hard work and luck, such individuals reach a level of power in the performing arts profession, sexual harassment is an established behavior pattern that doesn’t set off their ethics alarms at all.

3. It’s NOT OK to be white? Denise Young Smith, Apple’s first vice president of diversity and inclusion and an African-American, was part of a  panel discussion on fighting racial injustice eat the One Young World Summit in Bogotá, Colombia. At one point she said,

“Diversity is the human experience. I get a little bit frustrated when diversity or the term diversity is tagged to the people of color, or the women, or the LGBT…there can be 12 white, blue-eyed, blonde men in a room and they’re going to be diverse too because they’re going to bring a different life experience and life perspective to the conversation.” 

Apple fired her, six months into her new role after 20 years successfully running Apple’s international Human Resources department. Smith did not have the integrity to stand by her words, and instead tried a desperate Pazuzu grovel, apologizing and saying that her words “were not representative of how I think about diversity.”  It didn’t work. Continue reading →