Harvey Weinstein Ethics Train Wreck

Morning Ethics Warm-Up, 11/21/17: Dead Ethics Alarms All Over, And This Just In…Ana Navarro Is Still Stupid

/ Jack Marshall / 18 Comments

Good Morning, all!

1 Dead Ethics Alarms on the Hill. Just as I cannot conceive of what kind of ethics alarm malfunction allows any man to think that parading his reproductive organs before unconsenting women in a work-related setting is anything but gross and wrong (Charlie Rose???), I cannot comprehend by what tortured logic an elected member of Congress reaches the conclusion that I should pay for his sexual harassment hobby. The latter is the height of arrogance and abuse of the public trust. Yet the Washington Post reported that Congress’s Office of Compliance paid out $17 million for 264 settlements with federal employees over the past 20 years for various violations, including sexual harassment, and now we have at least one name and specifics: John Conyers, the ranking member of the House Committee on the Judiciary. Perfect.

From Buzzfeed:

Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sex acts, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic….The woman who settled with Conyers launched the complaint with the Office of Compliance in 2014, alleging she was fired for refusing his sexual advances, and ended up facing a daunting process that ended with a confidentiality agreement in exchange for a settlement of more than $27,000. Her settlement, however, came from Conyers’ office budget rather than the designated fund for settlements.

Well, this section of the Harvey Weinstein Ethics Train Wreck is doing some good, by throwing some light on this unethical practice. Congressional sexual harassers need to pay their hush money out of their own pockets. That’s the least they can do.

2.  Live from New York! It’s Double Standards Live! Although Saturday Night Live did have the integrity to mock alum Al Franken following the Senator’s sexual harassment accusations regarding his conduct when he was just an obnoxious comic, 36 SNL staffers, including original cast members Lorraine  Newman and Jane Curtin, felt it was appropriate to release this letter:

SNL Women Offer Solidarity in Support of Al Franken

We feel compelled to stand up for Al Franken, whom we have all had the pleasure of working with over the years on Saturday Night Live (SNL). What Al did was stupid and foolish, and we think it was appropriate for him to apologize to Ms Tweeden, and to the public. In our experience, we know Al as a devoted and dedicated family man, a wonderful comedic performer, and an honorable public servant. That is why we are moved to quickly and directly affirm that after years of working with him, we would like to acknowledge that not one of us ever experienced any inappropriate behavior; and mention our sincere appreciation that he treated each of us with the utmost respect and regard.

We send our support and gratitude to Al and his family this Thanksgiving and holiday season.

Ugh. This is blatant Ethics Accounting, as if the fact that Al was fun to work with has anything to do with his misconduct, or mitigates it in any way:

21. Ethics Accounting, or “I’ve earned this”/ “I made up for that”. You cannot earn the right to act unethically by depositing a lot of ethical deeds in the imaginary ethics bank, nor can unethical conduct be erased by doing good for someone else. The illusion that one can balance the ethics books this way is referred to on the Ethics Alarms blog as “the Ruddigore Fallacy.”  Nobody earns the right to be unethical, not even once, no matter how exemplary their conduct. An unethical act is just as unethical, whether it is performed by a saint, a hero, or a villain.

Even more ridiculous is the “he never harassed me!” bit. This is reminiscent of Greta Van Susterin’s embarrassing defense of Roger Ailes, where she “stood up for” her boss and cast skepticism on his accusers because Greta had never been abused. The SNL letter drips with similar skepticism and bias. It is “appropriate” for Al to have apologized—never mind that the apology itself stunk on ice—and Al’s conduct may have been “stupid and foolish,” but come on, it wasn’t the worst thing.

What does standing up “in solidarity” mean, when it is in support of an accused harasser? It means “we don’t believe the victim, and anyway, we like the accused sufficiently that we will give him a pass.” I’m just guessing here, but I bet there are many, many women Harvey Weinstein worked with that he never molested, and that Louis C.K. hasn’t masturbated in front of every women he ever encountered. Those lucky women should sign a letter.

3. ” Gee, you mean I really have to pay it back?” In 19 states, government agencies can seize state-issued professional licenses from residents who default on their educational debts, while South Dakota suspends driver’s licenses for the same provocation.  The tone of the New York Times article on the topic is disapproving, even though seven of the 19 states don’t use the laws that allow such suspensions, and the others mostly employ them as threats to get deadbeats to take their responsibilities seriously. Nobody in any of the states loses a license who sets up a payment schedule. Continue reading →

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 →

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 →

It’s Too Late Now, But Here Is The Apology Senator Franken Should Have Made…

/ Jack Marshall / 11 Comments

The hypocritical Left is discrediting itself for the foreseeable future by contriving ways to pretend that what Al Franken was credibly accused of doing to a fellow performer during a 2006 USO tour wasn’t so bad, and what about Roy Moore and Donald Trump? As Ed Driscoll wrote today,

The media’s ability to pivot on a dime in the same week from throwing a dissipated Bill Clinton overboard and attacking Roy Moore to granting Franken a very ‘90s-era one free grope rule is amazing to watch. Decades of these sort of power politics by the left (see also: supporters of Kennedy, Ted) explain why many continue to circle the wagons around Moore. Or as Sean Trende of Real Clear Politics tweeted on Tuesday, “I don’t think you can underestimate the degree to which many conservatives have this attitude: (a) we fought a battle over whether character counts, and got our asses handed to us and (b) liberal leaders always circle the wagons around their guys, and ours always cave.”

Franken was in a position to make such embarrassments unnecessary, and to show how responsible elected officials expected to be role models should conduct themselves when accountability knocks. Instead, he made not one but two unethical apologies, the second worse than the first. The fact that his enablers in his party and the media rushed to accept them doesn’t make either less awful. As I explained, in his ultimate apology he 1) never specifically apologized to Ms Tweeden, lumping her into a mass apology to thousands 2) simultaneously said that women should be believed when they accuse men of sexual misconduct, and undermined Tweeden’s account by saying that he didn’t recall it as she described, and 3) said there was no excuse for his conduct while excusing it as just another joke that misfired, an occupational hazard of being a comedian—remember folks, I was a comedian then!

At the risk of repeating myself, I designated Franken Apology Take Two as a #10 on the Apology Scale, and I am convinced that was fair. (The final straw? Asking for a Senate ethics investigation that could only prove Tweeden’s account unsupported, or simply confirm what we were already told. Why couldn’t Franken just accept the account of his accuser? The reason is that he wants to discredit her without appearing “not to believe the victim of sexual misconduct.” Yechhh.) This is the description of a #10, the bottom of the barrel:

10. An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

It didn’t have to be this way. Senator Franken could and should have delivered a Level 1 apology, and would have been better served by it, as would our culture, political system and all of us:

1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.

Here is the statement he should have issued. Continue reading →

Franken’s Accuser Presents: A Perfect Rationalization #42, The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”

/ Jack Marshall / 16 Comments

I haven’t seen such a perfect example of Rationalization #43 since Bill Clinton was caught with his pants down, a blue dress within range and a good cigar.

In case you haven’t perused the Ethics Alarms Rationalization List lately, and if so, shame on you, Al Franken’s accuser’s interview today on “Good Morning America” (if you don’t watch “Good Morning America,” good for you) laid the foundation for a virtual #43 orgy.

This rationalization description one is fun to read now, written as it was long before Hillary’s two candidacies for President, and the current Washington, D.C. leg of the Harvey Weinstein Ethics Train Wreck.

42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”

This is a complex, hybrid rationalization that draws upon the warped and corrupting logic of “Everybody does it,” the Biblical rationalizations, Comparative Virtue (“there are worse things!”) and a few others to reach an absurd argument that nevertheless sometimes carries the day.

One example that will live in infamy, and the inspiration for #42’s title, was Bill Clinton’s Monica Lewinsky scandal, which exposed him beyond all doubt as a liar, a power abuser, a hypocrite and, incidentally, an adulterer, not that anyone was surprised at that. His wife, First Lady Hillary Clinton, prominently defended her husband, somehow keeping her feminist creds at the same time, a neat trick. She knew which side of the bread her butter was on, as the saying goes: her loyalty was going to pay off more than righteous indignation. Thus she obfuscated, spun and lied for Bill, and gave his defenders this jaw-dropping argument, which they used liberally:

“If Hillary is willing to forgive him, why shouldn’t we?”

Let us count the ways. Why?

1. Because her relationship to him is as a wife to a husband, and ours is as citizens to a national leader. The standards are different, the stakes are different, and the consequences of the betrayal of trust are different.

2. Because the seriousness of an ethical or legal violation is not defined by who chooses to tolerate or forgive it.

3. Because her decision to ignore, forgive or tolerate may be the product of bias, self-interest, or other non-ethical considerations that make the decision unreliable, untrustworthy, and a poor template for the response of others, as well as societal standards.

4. Because she may be wrong, mistaken, or a fool.

5. Because we each are responsible for making our own ethical judgments, and to delegate those judgments to a third party, especially to a third party who is not objective or likely to be affected by conflicts of interest, makes neither logical nor ethical sense.

[Hmmmm. Caught two typos there, and also needed to make an edit. I guess I haven’t read the list lately. Shame on me.] Continue reading →

Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

/ Jack Marshall / 41 Comments

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
 Continue reading →

And The Witch Hunters Come Calling At Al Franken’s Door…Desperately, He Tries To Explain Away The Pointy Hat, The Black Cat, And The Broom He’s Been Riding

/ Jack Marshall / 16 Comments

Al Franken!

Of course! Why didn’t I see that coming?

Homely guy, gets involved in the theater club as the class clown to meet girls, moves through the sex and party culture of Harvard theater, on to the hedonist crisis culture of Saturday Night Live and Hollywood, where anything goes, where Harvey and Woody are gods, where sexual harassment and assault are a tradition and everybody does it…after all, it’s just sex…

Leeann Tweeden, a Los Angeles radio news anchor and former Playboy model,  accused Senator Al Franken (D-Minn) of sexual assault and harassment when they were both on a USO tour in 2006. Her story was accompanied by the photograph above, which takes it out of the “he said-she said” category immediately. Within hours, a second woman, a conservative who argued with Franken on an edition of  Bill Maher’s old Comedy Central show, Politically Incorrect, reported that he had harassed her as well, though not sexually, in 2000.

Franken immediately issued a non-apology apology, saying, “I certainly don’t remember the rehearsal for the skit in the same way, but I send my sincerest apologies to Leeann. As to the photo, it was clearly intended to be funny but wasn’t. I shouldn’t have done it.”

In other words, ‘I don’t believe you about my pushing myself on you when you were awake, and feeling you up while you were asleep was obviously a joke, but I apologize anyway, because you obviously can’t take a joke, and my apolologing  the easiest way to get out of this.” On the Ethics Alarms Apology Scale, this is a hybrid bad apology with elements of Level #7…

“A forced or compelled version of [a legitimate apology] in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent .”

and the even worse #9…

“Deceitful apologies, in which the wording of the apology is crafted to appear apologetic when it is not (“if my words offended, I am sorry”). Another variation: apologizing for a tangential matter other than the act or words that warranted an apology.”

This was lousy, and the reviews were immediate and negative. So Franken came back with a second version, this time in a formal statement:

If you examine it closely, the second apology was more unethical than the first one, but a lot more sneaky about it. Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

/ Jack Marshall / 10 Comments

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading →