The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 1

bad-2016

Welcome, if that’s the word, to the 8th Annual Ethics Alarms Awards.

Last year, in a burst of self-pity as I began this annual task, I wrote,

“It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries!—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty. Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…”

Then came 20i6.

To paraphrase  Margo Channing, “Fasten your seatbelts: It’s going to a bumpy post…”

Ethics Train Wreck of the Year

train-wreck-air

The Hillary Clinton E-Mail Scandal Ethics Train Wreck

I thought last year was the Year of the Train Wreck. Wrong. In 2016, we had the 2016 Post Election Ethics Train Wreck, the Campus Sexual Assault Witch Hunt Ethics Train Wreck, the Freddie Gray Ethics Train Wreck, the old stand-by Obama Administration Ethics Train Wreck, the still active Ferguson Ethics Train Wreck, and the Ethics Train Wrecks of both Presidential candidates campaigns. Hillary’s e-mails and their related lies in the long trail of cars called the Hillary Clinton E-Mail Scandal Ethics Train Wreck, was a clear winner though.

Passengers included President Obama, Bernie Sanders, Anthony Weiner, the F.B.I., Loretta Lynch, Bill Clinton, James Comey and more. And, of course, it played a significant and perhaps decisive role in bringing us President Trump.

Runner-Up: 2016 Post Election Ethics Train Wreck. It had less than a month to get up steam, but it caused lots of ethics carnage, and is still going strong.

Fraud of the Year

The Trump Foundation, which revealed itself to be a near total sham. RUNNER-UP: Fake lawyer Kimberly Kitchen, who worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and served as president of the county bar, though she never went to law school, and never took the bar exam, but forged documents to fool everyone that she had.

Most Unethical Act By A Major Church

The Catholic Church, which, incredibly, restored a convicted rapist to the priesthood. Father Joseph Jeyapaul,  a Catholic priest from India, while serving in the Crookston, Minnesota diocese from 2004 to 2005 raped at least two adolescent girls.  After being charged with the crimes, including rape and forcing at least one of his victims to perform fellatio on him, Father Joseph  escaped to India, where an Interpol warrant got him extradited back to Minnesota.  There he confessed, and as part of a plea bargain, received an outrageously light sentence of a year and a day for pleading guilty to one count of molestation. Jeyapaul was suspended from the priesthood and served his time in Minnesota. The U.S. deported him back to India, while the Minnesota diocese had to pay millions in a civil lawsuit, during which we learned that the rapist priest had told one of his victims  in the confessional that she was at fault, and had made Jeyapaul “impure” by letting him abuse her. In February, the Vatican lifted Jeyapaul‘s suspension and restored him to the priesthood. It then assigned him to a new parish in India, where he is now the diocesan head of its commission for education. 

Tell me again why that fake news story that the Pope endorsed Trump was supposed to help The Donald.

Incompetent Elected Official of the Year

kkane

Kathleen G. Kane (D), Pennsylvania’s ex-Attorney General.  In October, a judge sentenced her to 10 to 23 months in prison for her conviction on charges of perjury and abuse of her office. You can’t be more incompetent, I’d say, than an elected attorney general who can’t stay out of jail herself. I regret not writing about the Kane saga last year, but her ethical void was fairly apparent back in 2013, the only time I did write about her, after she leaked grand jury testimony, which is illegal. I wrote at the time (I must have been in a bad mood)…

“Leaking grand jury testimony is both illegal and spectacularly unethical for a lawyer, yet Pennsylvania’s Attorney General, Kathleen Kane, appears to have done it for the slimiest of reasons, and is offering the most cynical of defenses in the most offensive of ways. (Incidentally, I don’t understand how this could happen. After all, Kane is a woman, the first Democrat and the first woman to be elected to the post, and since having a vagina alone is supposed to imbue a candidate with trustworthiness, surpassing competence and virtue, this makes no sense at all.)”

Unethical Elected Official of the Year

Continue reading

Dear Rockettes: You Are Professionals And Americans…Act Like It.

rockettes

Asked about whether he would perform at the January 20 Inauguration or its subsequent official celebrations in Washington, D.C., country music super-star Garth Brooks said, simply, “It’s always about serving. It’s what you do.”

Right answer. This marked him as a professional, a patriot, and an adult (or perhaps as a lying hypocrite, since for whatever reason, he is not performing). The opposite reaction of so many of his show business colleagues mark them, in contrast, as divisive, arrogant, ignorant and unprofessional jerks.

Performers fit all the requirements for being regarded and respected as professionals, who are those who use their skills and talents for the benefit of humankind and society. The traditional definition adds that professionals do this service at some personal sacrifice, a virtue that most doctors and many lawyers can no longer claim. Performers, however, are largely impoverished, devoting their lives to making people gasp, laugh, weep, cheer or most important of all, think, because they love what they do, and understand the importance of art to society and civilization.

It is as unprofessional for a singer, dancer, juggler or actor to refuse to entertain audience members whose politics or character they oppose as it is for a doctor to refuse to treat them, for a lawyer to refuse to represent them, or a clergyman to  withhold from them spiritual guidance. The problem unique to performers as professionals is that they are not educated to appreciate their responsibilities like typical professionals, nor do their professions exercise any ethical oversight. As a result, we get the current display of divisive and ignorant grandstanding over performing—or not performing— at Donald Trump’s inauguration.

In Honolulu, Hawaii, yet another partisan and bigoted establishment has ordered anyone who voted for Trump to take its business elsewhere, as a local cafe posted a sign that reads: “If you voted for Trump you cannot eat here! No Nazis.” It has become clear that if many progressives have their way, their efforts to divide the nation into the Good and the Bad, with the fairly elected President of the United States as the defining feature of the latter, will shatter societal bonds coast to coast like nothing the U.S. has seen since the Civil War. The sooner the Angry Turned Vicious Left comes to its senses, the safer and healthier we all will be.

Performers, as professionals, are supposed to understand that they have a higher calling than restaurant owners. They are here to bind society together, for what we all experience in a diverse audience brings us closer in sentiment, emotion, empathy and enlightenment. For performers to decide to excise certain audience members from that process is madness, as well as a betrayal of their mission and art. Continue reading

The New York Times, And The Consequences Of Forfeiting Integrity

It was between Janus and the Four Season's song. "Two Faces Have I..."

It was between Janus and the Lou Christie song “Two Faces Have I…”

It would be extremely beneficial for the culture and enlightened civic discourse if there were a trustworthy, reliably objective observer with integrity and intelligence to provide fair, forceful pronouncements on the political controversies of the day. Such an observer would have to be seen as free of partisan and ideological bias, or at least show signs of actively trying to counter their effects. This, of course, is the idealized concept of what competent and ethical journalism is supposed to provide, and to the extent that any journalism organization was deemed capable of providing it, the New York Times was it.

Yesterday, the Times editors published an editorial called “The Stolen Supreme Court Seat” that was so partisan in tone and inflammatory, not to mention ridiculous, in content that it could only be taken as a biased political screed. Worse than that for the long term, however, is that the piece decisively disqualifies the Times as an arbiter of complex national issues whose judgment can ever be trusted as genuine and persuasive.  Many will argue that the Times’ biases have been blatant and unrestrained for many years, and this is true. That New York Times editorial may not be the first smoking gun, but it is the smokiest yet.

Do recall that Ethics Alarms substantially agreed with the Times in its main point that the Republican Senate’s refusal to hold hearings and consider President Obama’s nomination of federal judge Merrick Garland to fill the Supreme Court seat vacated last year with the sudden death of Justice Scalia was unethical:

“For Senate Republicans, holding hearings on President Obama’s qualified and moderate nomination for the Supreme Court is both the ethical course and the politically smart course. It is also in the best interests of the nation. In fact, the Byzantine political maneuverings by the President and the Republican leadership, by turns petty and ingenious, have handed Republicans a political chess victory, if only they are smart enough, responsible enough, and patriotic enough to grab it. Naturally, they aren’t.”

Note: unethical, but not illegal or unconstitutional. By using the inflammatory term “stolen” implying legal wrong doing, the Times intentionally adopted the language of political hacker, and Democratic Party talking points. Strike One: You cannot be trusted as objective and non-partisan when you intentionally endorse partisan rhetoric: Continue reading

Comment Of The Day: “Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser”

 

Bill Maher, role model...

Bill Maher, role model…

Steve-O-in-NJ‘s reaction to the JetBlue flight harassment of Ivanka Trump by a lawyer could just as easily been written as a comment on this Ethics Alarms post, from shortly after the election, which began..

I have to adapt, with acknowledgement, a long-running gag wielded by Prof. Glenn Reynolds on his iconic conservative website Instapundit thus:

“I wrote if Donald Trump was elected President, we’d have a nation of assholes, and I was RIGHT!”

The problem is that the joke isn’t funny in this case. It’s tragic. What I am seeing in the news, watching on social media and reading on the web and in editorial pages shows me that the last eight years have done even more damage to American unity and ethics than I had realized.

Here is Steve-O-in-NJ‘s Comment of the Day on the post, “Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser,” and I’ll have a few comments at the end:

The left seems to be perfectly ok with raising jerkiness to a profession – I decline to call it an art form. I’ll be the first to admit sometimes I don’t use my brain and turn to vicious attacks. Jack was absolutely right that I am not helping myself in my lucid moments when I do that, and, in all fairness, he isn’t the first. Actually a judge here in NJ has seen both sides of me, and said to me once, in a rare ex parte discussion (as part of a “breakout” settlement conference) that “there are two of you, apparently, the thinking Steve and the angry Steve. I would request that only the thinking Steve appear here.” I’d also say that some other people here aren’t helping themselves with the same approach, BUT, that’s for Jack to say more about.

There are plenty of scholars and pundits on both sides politically, and they are of varying quality, from the very erudite to the not much more than trash talkers. Most of us, when we are in our thinking mode, can tell the one from the other, and would place more value on Victor Davis Hanson’s perhaps overly sonorous pronouncements than on Michelle Malkin’s near-rants, and more value on Alan Dershowitz’s legal analysis than on Jonathan Alterman’s self-important poking.

Continue reading

Question: How Do You Spot A Biased Newspaper?

Slanted? Waddya mean "slanted"?

Slanted? Waddya mean “slanted”?

Answer: Read the Letters to the Editor.

I now subscribe to the New York Times, and the uniform one-way slant of the Letters to the Editor is palpable and fascinating. I’ve been tempted many times, including today, to do a post critiquing the biases in all the Times letters in a single edition. Maybe some day.

80% of the letters list progressive or Democratic talking points, either because that’s the approximate proportion of liberals among the Times readership, or because that percentage (it is remarkably consistent, day to day, paper to paper) reflects the bias of the editors choosing which letters to print.  I have concluded that the letters are probably even more weighted to the left than the reader opinions published reflect. The Times just feels obligated to include a non-conforming, aka “conservative,”  view here and there so its bias won’t be screamingly obvious. It’s an objective paper, after all.

Today’s mail call was dominated by one letter after another excoriating Donald Trump’s cabinet appointments, which was also the theme of today’s Times editorial. In particular, the appointment of Exxon Mobil’s chief executive, Rex Tillerson, as Secretary of State was a target of the correspondents’ disgust.  The majority view was stated in one letter this way:

“Like Donald Trump, Mr. Tillerson has no experience in the delicate and sensitive art of diplomacy.”

It wasn’t until the fourth letter (out of five: 80%!) that a commenter mentioned the obvious, and exactly what I was thinking as I read all the expressions of  horror: Continue reading

Proposition: It Is Unethical For Universities To Permit Or Engage In The Political Indoctrination Of Students Without Having Expressly Informed Students Of That Intention Before They Enrolled

brainwashing

As part of the post 2016 Presidential election freak-out, hundreds colleges and universities have crossed all lines of fairness, professionalism and objectivity by making it clear to students who did not find Hillary Clinton’s defeat motivation to consider an overdose of Seconal that they were skunks at the picnic. College deans and presidents sent out campus wide expressions of horror at Trump’s victory, like the Vassar president’s message I noted here. University of Arkansas’ Dean, Michael Schwartz, offered free counseling services to students who were dist ought following the “most upsetting, most painful, most disturbing election season of my lifetime.” The only previous occasion when the school offered counseling was after a student committed suicide.

A Yale professor sent this statement to his students:

yale-professor

Then there are the administrative efforts to make it clear that dissent from the approved, sensitive, politically correct, university-sancioned and of course obviously beyond question or rebuttal position that a group of racist deplorables elected the anti-Christ as POTUS.

At Edgewood College, students had been invited to express their feelings about the election by writing them on post-it-notes and placing them on a designated table. Clearly, it was expected that everyone would express anger, shock, despair or grief, but one such note read “Suck it up, pussies!” This, which I would call a very reasonable, if vulgarly expressed, reaction, was deemed a “hate crime” by college officials, who have asked police to investigate.

College Vice President Tony Chambers sent a letter to campus condemning this “act of cowardly hatred” and “intimidation.” He wrote:

A group of cross-functional college staff representing campus security, student conduct, human resources, Title IX enforcement, and diversity and inclusion measures convened Tuesday morning to discuss how to address the hateful message. This group determined that the message constituted a Hate Crime…

Continue reading

Bud Selig Is The Barry Bonds Of Baseball Commissioners…So Why Was He Just Elected To The Hall Of Fame?

Bud. I had a more descriptive caption, but decided that it wasn't professional...

Bud Selig. I had a more descriptive caption, but decided that it wasn’t professional…

Let me state my bias up front: I detest Bud Selig.

He became Major League Baseball’s first non-Commissioner Commissioner when baseball’s owners decided that Fay Vincent was doing the job of independent, uncorrupted overseer of the game’s welfare and integrity too literally for their tastes, fired him, and installed one of their own. That was Selig, a wealthy auto sales impresario who owned the Milwaukee Brewers and never saw a dollar he wouldn’t debase himself for.

The owners suspected that Vincent, a smart and decent man, might use his power to block the looming baseball labor-management impasse, benefiting the players. They dumped him just in time to give the job to an “independent overseer” who had the Mother of All Conflicts of Interest in the upcoming war: he was management. . Sure enough, under Bud’s fair and balanced leadership, the most devastating work stoppage in baseball history arrived in 1994. It stopped the season late and wiped out the World Series. It killed the Montreal Expos, for all intents and purposes, crushed the baseball card and memorabilia industry (it still hasn’t completely recovered), and nearly sent the sport itself into a death spiral. Baseball was saved, not by Selig, but by a combination of luck, the inherent greatness of the game, and Cal Ripken, who broke Lou Gehrig’s consecutive game streak (I was there to see it!) in the season after the strike to remind fans and the nation of baseball’s glorious past and why they cared about it.

From that point, Selig oversaw explosive growth in the game’s revenues, exposure, merchandising, player salaries and popularity, He shattered a lot of traditions to do it: the elimination of any real distinction between the leagues, expanded play-offs, wild card teams (which I hate, since they allow second place teams to become champions over the teams that defeated them during the season, but then there was the 2004 World Champion Boston Red Sox…) inter-league play, instant replay, penalties for big-spending teams, baseball in November, and more. If you are an ends justifies the means fan, Selig’s your man. He ended his more than two decades as the sport’s top executive with the game stronger and richer than ever.

He did this, however, despite and in part because he quietly enabled the scourge of steroid use among players, permitted cheating to go on right under his nose, and was shocked…shocked! to discover that all those players who began topping their previous best seasons at advanced ages when virtually all athletes go into decline, and all those players who turned up at spring training 25 pounds heavier and looking like Lou Ferrigno, and a few of those players breaking career and season records that hadn’t been approached in decades, were using illegal and banned performance enhancing drugs.  When this dawned on him, two steroid users, Mark McGwire and Sammy Sosa, had shattered Roger Maris’s record for home runs in a season in the same year—what a coinkydink!—and another, the grotesquely inflated Barry Bonds, had not only broken the new record but was on the road to surpass Hank Aaron’s career homer record. Continue reading

Unethical Quote Of The Week: Harry Belafonte

“In a few weeks from now, if there is a platform on which I will be privileged to stand and speak, my opening remarks will probably be something like “Welcome to the Fourth Reich.”

—Legendary singer and long-time civil rights activist Harry Belafonte, now 90, speaking at a “Democracy Now!” event with an audience of 2000.

Harry Belafonte radiated sunniness and spirituality when he sang in his unique, whispery voice, but his political activism was always angry, radical, and with the passing years, increasingly bitter and paranoid. It was predictable that, health allowing, “The Banana Boat Song” artist would be in his element in the 2016 Post-Election Freak-Out and Ethics Train Wreck, and, sadly, he did not disappoint.

In his remarks, Harry mentioned with affection Paul Robeson, the late actor and singer who left the U.S. for the worker’s paradise of  Stalinist Russia, and America-hater Noam Chomsky. He might have mentioned Fidel Castro, for whom Harry frequently expressed his admiration in the past. Back in 2012, Belafonte told another one of his pals, Al Sharpton, that since the evil, racist Republicans wouldn’t do Barack Obama’s bidding, “The only thing left for Barack Obama to do is to work like a third-world dictator and put all these guys in jail!”

But Donald Trump is a Nazi. Continue reading

It’s Time For That Exciting Ethics Alarms Game Show,”Spot The Hypocrisy!”

time-to-play

Are you ready?

Here comes…

Hypocrisy Challenge I

The New York Times

Like much of the mainstream news media but more so, The New York Times is flogging the “fake news” narrative. In part there is something legitimate to report, as with the crazy conspiracy theory about a pedophilia ring run out of a Washington, D.C., pizza place by John Podesta and Hillary Clinton that culminated in a nut case showing up there with a gun “to rescue children.”  (Most of the “fake news” crisis is really the “Stupid people” crisis.) The media’s excessive enthusiasm and daily fulminating about fake news, however, appears to be a desperate effort to make its own incompetent, inaccurate, slanted and dishonestly selective reporting during the campaign and election just completed appear more palatable by invoking Ethics Alarms Rationalization #22, Comparative Virtue, or “It’s not the worst thing.” This story, for example, was on today’s Times front page, where its headline read, “As Fake New Spreads Lies, More Readers Shrug At Truth.”

Meanwhile, tucked away at the bottom of the op-ed page of the same issue, was this “Correction”:

Because of an editing error, an Op-Ed essay on Friday about Donald Trump’s efforts to keep jobs in the United States misstated the change in auto sector employment in both the United States and Mexico between 2007 and 2015. In Mexico, jobs grew to 558,000 from 405,000, not to 675,000 from 174,000. In the United States, auto jobs declined to 762,000 from 828,000. The article also misstated plans by Detroit car companies in Mexico. Ford and General Motors plan to invest a combined $9.1 billion and hire 12,200 more workers; Detroit car companies are not planning to invest $30 billion and hire 30,000 more workers.

Now…

Spot the Hypocrisy!

Continue reading

Ethics Dunce: Liberty University

That's McCaw on the left, Starr on the right, with the Baylor women's basketball team.

That’s McCaw on the left, Starr on the right, with the Baylor women’s basketball team.

Football is a sport, but in American culture its primary impact is as an ethics corrupter. The latest revolting example of this is occurring at Lynchburg, Virginia’s Liberty University, a prominent Christian fundamentalist institution founded by Jerry Falwell, the late TV evangelist and Religious Right icon. The school  is supposedly dedicated to imbuing its students with moral values, but if it comes to choosing between the Ten Commandments and pigskin glory, guess what comes out on top?

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Baylor’s summary of its confidential investigation, overseen by the law firm of Pepper Hamilton, found that athletic program administrators and football coaches learned of accusations of gang and date rape over many years and did not report them or take appropriate action. This, the report found, “reinforces the perception that rules applicable to other students are not applicable to football players.”

Ethics Alarms calls this “The King’s Pass,” or “The Star Syndrome.” It is antithetical to moral and ethical principles, and, in theory, religion.

The report concluded that the “the choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.” Continue reading