The Last Of Deflategate, And What It Means

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

I have received a lot of mail seeking my reaction to a judge reinstating Tom Brady and vetoing Roger Goodell’s harsh punishment decree. My reaction is that this is bad for football, the NFL, and the culture, and one more step toward validating cheating as an accepted cultural norm, not just in sports, but in the nation itself. Once upon a time, sports were supposed to model good sportsmanship, integrity and fairness. This episode demonstrates how far from that we have come. It is a serious and troubling development.

From a legal standpoint, I get it. I assumed that Goodell knew the limits on his own power: silly me. Apparently the NFL’s labor deal neutered the absolute power of a Commissioner to do what he felt was necessary to protect the integrity of pro football. Unions seldom care about the integrity of their game, at least not when their members’ money is involved. The original sports league commissioner, baseball’s Judge Kenesaw Mountain Landis—Damn! Why didn’t we name our son “Mount McKinley Marshall”?—banned Shoeless Joe Jackson and his team mates from baseball forever after a jury had acquitted them of throwing the World series for bribes. His drastic action probably saved baseball, and has influenced the sport to this day. Goodell’s failure, in contrast, promises to do lasting harm.

Remember, the judge didn’t exonerate Brady; he just ruled that Goodell didn’t have the power to punish him. There is no doubt in my mind that Brady cheated, just as there was no doubt in the NFL’s investigator’s mind. There is also no doubt that you could not prove Brady’s guilt beyond a reasonable doubt. The idea behind absolute power in a sports commissioner is that sports contests must be viewed as being fair or people will stop watching, and any hint of cheating and corruption must be banished. I agree with that idea. Baseball flunked its most crucial recent test when Bud Selig didn’t have the guts to pull Barry Bonds off the field when he was breaking records on steroids (and everyone knew it); pro football has been flunking one test after another. Society is becoming more cynical and more tolerant of cheating, and I think professional sports are as much a cause as a symptom.

Why am I convinced Brady cheated? Many factors, none of which individually are conclusive:

  • The conditions under which the cheating took place: bad weather, a play-off game, the team behind.
  • The Patriots’ well-established contempt for the rules.
  • The fact that a quarterback knows the feel of his tool, footballs, and that an experienced one like Brady could not possibly have been unaware that the balls he was throwing were even a little bit underinflated.
  • Brady’s evasive, smug, wink-wink ha-ha demeanor in multiple venues regarding the incident, like a high school jerk who knows he’s getting away with something and thinks its hilarious.
  • The immediate “everybody does it” defense from Brady’s fellow quarterbacks. (That’s not a defense. That’s an admission.)
  • The “it didn’t matter, they would have won anyway” defense from the same quarters. This is also an admission of cheating. Cheating is wrong whether it works or not, and whether it is necessary or not. NFL fans don’t even know what’s wrong with cheating any more….because the players don’t.
  • Some of the absurd defenses raised by Brady’s defenders, including his team, like the argument that one of the equipment guys involved in the incident was only called “the Deflator” in a contemporaneous text message because he was on a diet.
  • The fact that Brady destroyed his cell phone to avoid its contents being searched. This is spoliation, the destruction of potentially incriminating evidence, and suggests, but doesn’t prove, guilt. If he had done it in a criminal investigation, it would have been itself a crime. Ethically, the act is just as wrong whether it is a crime or not. (See: Clinton, Hillary)

I believe most Patriots fans know he cheated too. They just don’t care: he’s their star, and the team won the Super Bowl. The ends  justify the means. Continue reading

The Dissing Of Judy Carne: Wait, Aren’t Newspapers Supposed To Make Us BETTER Informed?

CarneWitness this bit of “information,” courtesy of Washington Post writer Justin Wm. Moyer on the occasion of the death of Judy Carne, Rowen and Martin’s Laugh-In’s “Sock it to me” girl:

“The joke now seems as cruel — and as difficult to explain to millennials — as it seemed hilarious in the 1960s: A young, lithe woman, often in a miniskirt or less, stands onstage. She announces that it’s “sock-it-to-me time.” Then, she is hit with a bucket of water, or dropped through the floor, or otherwise clobbered in some form or fashion.

Is the Post now recruiting its feature writers from Jupiter? Are editors extinct? Has the paper decided that political correctness, hyper-sensitivity, gender-obsession dementia is both mandatory and universal?

What happened to Judy Carne is called slapstick. It is funny. It has always been funny. What happened to Judy Carne is no more cruel—that is, not cruel at all—than what repeatedly happened to Lucy,  Laverne, Wile. E. Coyoteand Raven, Tina Fay…Katy Perry….

Anyone writing about history and culture in a national publication—about anything, really—has has an obligation to actually know what he or she is writing about, and not make stuff up. There was definitely a lot of stuff that was on Laugh-in that will look weird today to anyone under the age of 50 or so; after all, the show is a half-century old, and the Sixties were weird even in the Sixties. Goldie Hahn dancing in a bikini with words written all over her body, for example. People laughing at every mention of the word “bippy.”  Nehru jackets. NOT women and men having staged catastrophes befalling them for laughs. Continue reading

Send In The Clowns: Larry Lessig’s Scholarly, Ignorant, Insulting, Unethical Candidacy

Full disclosure: Because I believe that nobody in the history of photography who wasn't pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn't trust him anyway.

Full disclosure: Because I believe that nobody in the history of photography who wasn’t pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn’t trust him anyway.

[Running out of time tonight, due to an unexpected crisis. Unethical Presidential Candidate Sunday will be extended into Labor Day. I have four posts in the can…]

Harvard Law Professor Larry Lessig, being either  bored, puckish, naive or having had a psychotic break, has declared his candidacy for the Democratic nomination for President with the following “plan”: Continue reading

JFK’s Death, Hanlon’s Razor, And How Truth Gets Buried Forever

JFK Hickey

I am a student of Presidential assassinations (as you might guess by the posts on McKinley and Garfield), and have been most of my life, ever since I saw a TV special called “Web of Conspiracy” when I was 10, about the Lincoln murder. That led me to read the  best-selling book the special was based on, an 800 page, sensational analysis of the mysteries behind Lincoln’s death, by mystery writer Theodore Roscoe, who dabbled in history. The book’s theories and insinuating style are more convincing to a ten-year-old than an adult (I read the book many years later, and it drove me crazy), but the book still has a lot of fascinating tales and theories in it. I was hooked.

Oddly, the one Presidential assassination that has interested me least in recent years is the one I lived through, the assassination of President Kennedy. Blame Oliver Stone, Kevin Costner and Jim Garrison: “JFK” was the most dishonest movie I had ever watched (still is) and I walked out of it when its lies and distortions got too much for me about a third of the way through. Even before Stone’s brilliantly directed piece of crap. I was sick of the conspiracy theories, though Stone manufacturing a link to Lyndon Johnson was the final straw. Yes, the bitter Vietnam veteran really got back at LBJ; I hope it made him feel better. I, however, was soured on the whole topic.

I should have been paying more attention. Netflix is showing a documentary with the generic conspiracy theory title of “JFK: The Smoking Gun,” which was shown on cable two years ago. I missed it; if I had been aware of the film, the title and the subject matter—Oh, who’s behind it now? The Mafia? Nixon? Woody Harrelson’s father?—would have kept me away. But while I was on the road for a couple days doing ethics seminars for VACLE, my wife watched the documentary, and when I returned, sleep deprived, weak and submissive, she made me watch it.

Fascinating. And troubling. Continue reading

The War Against Wonder Woman

Wonder-Woman-Flying

For a lot of reasons, I have avoided commenting on this story until now. First of all, it is so stupid that if there is someone who wants to defend the conduct of the school in the matter, I don’t want to know them or read them, and I generally don’t post about the obvious. Second, we still don’t have a name of the victim of the anti-Wonder Woman attack, the school involved, or the teacher or administrator involved. Finally, I’m suspicious: a Wonder Woman movie is nearing release, and this seems awfully convenient.

The tale began with a post by someone claiming to be the parent of a little girl named Laura who was sent home is shame because her Wonder Woman lunch box violated school policy. The letter sent home with Laura, which someone supposedly photographed, is head-explosion worthy: Continue reading

Translation: “OK, Lying And Denying Responsibility Haven’t Worked; Let’s Try Lying And Accepting SOME Responsibility.”

Said Candidate Hillary Clinton at a campaign stop in Iowa:

“I know people have raised questions about my email use as secretary of state, and I understand why. I get it. (1) So here’s what I want the American people to know: My use of personal email was allowed by the State Department. (2) It clearly wasn’t the best choice. (3) I should’ve used two emails: one personal, one for work. I take responsibility for that decision, and I want to be as transparent as possible, which is why I turned over 55,000 pages (4), why I’ve turned over my server (5), why I’ve agreed to — in fact, been asking to — and have finally gotten a date to testify before a congressional committee in October. (6) I’m confident that this process will prove that I never sent, nor received, any email that was marked classified. (7).

Notes: Continue reading

More E-Mail Deception From State: Does Anybody Care? Well, I Do. And You?

Another day, another Hillary advisor, another scandal...

Another day, another Hillary advisor, another scandal…

The private server of Hillary Clinton isn’t the only intrigue going on the should make us wonder just how corrupt our leaders and aspiring leaders are. There has been a new development involving another set of emails that should cause public outrage and alarm…if the news media had the integrity to report on it.

In 2012, Gawker filed a Freedom of Information Act (FOIA) request asking the State Department to produce e-mails related to Deputy Assistant Secretary of State Philippe Reines (now a top Hillary Clinton adviser) and his contacts with  thirty-three listed media outlets. Reines was involved in an intemperate email exchange with Gawker journalist Michael Hastings in which he told Hastings to “fuck off;” naturally Gawker, being Gawker, wanted to dig up dirt on him.

[It’s a side issue, but any high ranking government official  that tells any journalist to “fuck off” should be forced to apologize and be punished or sacked.  This just one more example of the Obama Administration’s aversion to accountability and management competence.]

The U.S. State Department officially stated in 2013 that there were no such emails, reporting that “After a thorough search . . . no records responsive to your request were located.”

Last week, after a federal judge demanded a“court-ordered status report,” Justice Department lawyers, reporting on behalf of the State Department, announced that the previous statement was a teeny bit off. The State Department had found of “5.5 gigabytes of data containing 81,159 emails of varying length” sent or received by Reines, of which about 17,855, or 22%, were relevant to the initial FOIA request.

Wait…what?? Continue reading

The Washington Post—Finally—Admits The Truth About President Obama

fingers-pointing

I will reprint The Washington Post’s lead editorial here nearly in full. I will have comments after, though I will make this one now: every character trait and leadership deficit the Post points to  was evident to objective observers—like me—from the beginning of Obama’s administration. That one of the most consistent and prominent Democratic Party and liberal policy boosters in the national news media finally mounts the integrity, honesty and integrity to admit it now is not all that satisfying.

Here is, with a few omissions so you will link to the site and read the whole thing (it’s only fair), is the damning and undeniable editorial:

Charles E. Schumer (D-N.Y.) decided he would vote against President Obama’s nuclear deal with Iran, he explained his reasoning in a 1,700-word essay. On balance, he concluded, “the very real risk that Iran will not moderate and will, instead, use the agreement to pursue its nefarious goals is too great.” We disagree with that conclusion, but not with serene confidence; we share the senator’s concern that Iran will use the lifting of sanctions to intensify its toxic behavior in the region. We understand and respect Mr. Schumer’s decision; also, it’s generally better to treat policy disagreements in good faith.

That has not been the spirit in which Mr. Obama and his team have met his Iran-deal critics. The president has countered them with certitude and ad hominem attacks, the combined import of which is that there are no alternatives to his policy, that support for the deal is an obvious call and that nearly anyone who suggests otherwise is motivated by politics or ideology. Mr. Obama’s rhetoric reached its low point when he observed that the deal’s opponents value war over diplomacy and that Iranian extremists were “making common cause with the Republican caucus.”

Continue reading

Ethics Dunces: The National Baseball Congress

Kaiser Carlile

Kaiser Carlile

Shortly before my father died, and a little more than a year before she did, my mother made a series of jaw-dropping statements in a conversation with me and Dad. “You mean to tell me that I could wake up one morning, feeling fine, and then just drop dead later that same day?”

My father actually did a Danny Thomas spit-take with his coke.

“What??” said my father, who saw this occur to a lot of people during the war. “Of course! We’re over 80! It can happen any second! It always can happen any second! People die, every day, for no reason, suddenly, stupidly all the time!”

“Well, I just refuse to accept that!” said my mother, who really did think that she had a right to live forever.

For some reason Mom came to mind when I read that the National Baseball Congress had decided that it will not use bat boys or bat girls for the remainder of its World Series games in Wichita following the death of 9-year-old Kaiser Carlile.  The bat boy for the Liberal (Kansas) Bee Jays died Sunday, a day after a freak accident in which the boy was struck in the head by the swing of a player warming up near the on-deck circle. Though he was wearing a helmet and was immediately treated by home plate umpire Mark Goldfeder, a paramedic, the injuries inflicted by the bat proved fatal.
Continue reading

“Albuquerque Fire Chief Evaluating Training After Dispatcher Hung Up on Caller”? Why Yes, I Think That Would Be Prudent!

"No...now, see, Mr, Sanchez, this is NOT how we would like you to react with a 911 caller. Let's try it again..."

“No…now, see, Mr, Sanchez, this is NOT how we would like you to react with a 911 caller. Let’s try it again…”

If I’ve said it once, I’ve said it a hundred times: watch out for touchy 911 dispatchers.

Seventeen-year-old Esperanza Quintero called 911 after her friend Jaydon Chavez-Silver was shot last month. She tried to stop Chavez-Silver’s bleeding and gave him CPR.

“I am keeping him alive!” Quintero is heard saying on the 911 call, which was answered by dispatcher Matthew Sanchez, a ten-year veteran of the Albuquerque Fire Department.

Sanchez asked, “Is he not breathing?”

The teen responded, “Barely!”

On the recording, she can be heard frantically encouraging Chavez-Silver to keep breathing.

“One more breath! One more breath!” Quintero told here wounded friend. “There you go Jaydon. One more breath! There you go Jaydon. Good job! Just stay with me, OK? OK?”

Sanchez then asked again, “Is he breathing?”

Quintero responded, “He is barely breathing, how many times do I have to fucking tell you?”

Apparently this outburst deeply, deeply offended Sanchez, who felt that the use of the vulgarity justified him leaving the panicked teen to deal with her dying friend by herself. “OK, you know what ma’am? You can deal with it yourself. I am not going to deal with this, OK?” the dispatcher said, and he disconnected Quintero as she pleaded for help.

So there.

As you know, I’m a big fan of civility, and we really should discipline ourselves and our children to avoid profanity and  vulgarity in dealings with others, in the workplace or anywhere else. Mutual respect is a cornerstone of ethical conduct generally, and civility is how we recognize the inherent respect we owe every fellow citizen. Having one’s friend dying in front of you is a stressful situation, however, and I think the collective effects for fear, panic, desperation and stress creates sufficient adverse influences on a teen that a lapse of decorum should be excused or at least tolerated, don’t you? Particularly when the listener  is allegedly an adult and trained rescue personnel?

Jaydon died. A rescue squad was dispatched before the hang-up, which only means that what Sanchez did could have been worse.

Albuquerque Fire Chief David Downey  called the actions of dispatcher Matthew Sanchez on June 26 “unforgivable” and said Sanchez, who had the sense to resign, at least, should not have hung up on the caller. Downey  says he is examining the training procedures.

Good analysis. We can all stop worrying now, at least those of us in Albuquerque.

And we should be grateful, should we not, for Mr. Sanchez providing a superb lesson to all of our young people about the important of avoiding potty mouth?