The Ethics Verdict On Rep. Polis’s Apology For Recommending That Students Be Expelled For Sexual Assaults They Probably Didn’t Commit

Apparently the demon Pazuzu and the Congressman from Boulder agree!

Apparently the demon Pazuzu and the Congressman from Boulder agree!

My rule: if you say something clearly and unequivocally with all the available evidence and defend it later in another forum, all your subsequent apology means is “Gee, I didn’t expect to get in so much trouble for that. I guess I better apologize and pretend I didn’t realize what I was doing.”

Rep. Polis of Colorado, a Democrat and clearly no student of American justice, inherited the wind with his statements in a Congressional hearing suggesting that the already manifestly unjust “predominance of the evidence standard” that the Obama administration forced on universities (you know, so women could get as many male students punished as sexual predators as possible) was too fair. First he said…

“I mean, if I was running [a college] I might say ‘well, you know, even if there’s a 20 or 30 percent chance that it happened I wouldn’t want … I would want to remove this individual. Why shouldn’t a private institution, in the interest in promoting a safe environment, use an even lower standard than a preponderance of evidence, like even a reasonable likeliness standard?”

Then he said…

“I mean, if there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

Later, interviewed over the phone by Reason well after the hearing, Polis was unambiguous, and extensively defended his statements in the hearing, with no equivocation or doubt. Ah, but he did not expect so many publications, pundits, bloggers and ethicists to have such an adverse reaction to, you know, discarding due process, fairness, and basic principles of justice just to make the Democratic Party’s man-hating feminist base happy. So he apologized.

Absurdly.

He began with the Full Pazuzu: Continue reading

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

head blows“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading

Legally Competent, Ethically Bankrupt: The Zealous, Despicable Monique Pressley, Esq.

cosby-women-new-york-magazine-w724

Bill Cosby’s lawyer Monique Pressley decided to become a hybrid attorney-publicity agent yesterday, and in doing so provided an impromptu seminar on why people hate lawyers, and often should. She was carefully spinning and dissembling on behalf of her client without breaching the ethics rules against lying, parsing words and phrases with skill and deftness, all in the service of a serial sexual abuser and perhaps the greatest hypocrite pop culture has ever produced.

Brava!

Also, Yeeccch!

The impetus for her media spin tour, for that is all it was, is the New York magazine issue that features the stories of 35 of Cosby’s accusers. First Pressley told CNN’s Ashleigh Banfield that the women were comparable to a lynch mob: Continue reading

Ethics Dunce For The Ages: Whoopie Goldberg

Cosby3Let me point out, to begin, that anyone who maintained that Bill Cosby was not a rapist and serial sexual predator after over 40 women came forward with almost identical stories was already an ethics dunce, and too stupid to play with sharp objects as well. The man had settled a court case with a promise of confidentiality to avoid the evidence being made public! He had never directly addressed the accusations in public, relying on lawyers! There has not been the slightest chance that Cosby was innocent since victims 2 through 6 surfaced. Anyone dismissing the other, and still growing, group of victims is in denial, or immune to common sense. Such a person would date O.J. Simpson.

Whoopi is a smart woman, but she is racially biased beyond belief. She has never accepted that her pal Bill is a rapist, but because she is a smart woman, even though we all know that bias makes us stupid, I assumed that a point would come where she finally was honest with herself.

I overestimated something—her integrity, her group loyalty, her values, her brain pan.

A formerly confidential deposition has been released in which Cosby admits to procuring Quaaludes with the intention of drugging women for sex. So much for the whole narrative about fatherly Bob being a secret predator who drugged girls to make them easy to have sex with being “ridiculous” and “racist” and “slander.” So much for all those women being liars, as Cosby’s lawyers said more than once. To anyone rational, this revelation simply confirms what there was ample reason to be certain about anyway. Oh! That’s why all those women say Cosby drugged them! He drugs women!

But on  The View today, stated that the deposition has not persuaded her of anything, a classic example of “My mind’s made up, don’t confuse me with facts.” No rationalization or terrible argument was too low for Whoopie. She said she was a “former Quaalude user,” and so what? She said she doesn’t “like snap judgments”—snap judgments? These accounts have been around for decades. Whoopie has rejected judgment itself.

“I say this because this is my opinion, and in America still, I know it’s a shock, but you actually were innocent until proven guilty. He has not been proven a rapist,” she blathered. My response:

ARGGGGGGGGGGGGGGGHHHHHH!

Continue reading

Unethical Website Of The Month: GoFundMe

GoFundMe thinks the 6th Amendment is heinous, apparently...

GoFundMe thinks the 6th Amendment is heinous, apparently…

A about a week ago, I designated the crowd-funding website GoFundMe an Ethics Dunce. Now it’s clear that it is worse than that. It’s an unethical website, period.

After the six Baltimore police officers were prematurely charged with serious crimes before the investigation into the death of Freddie Gray was complete, the Baltimore City Fraternal Order of Police created a GoFundMe page for their defense. Less than an hour later, it was taken down, with GoFundMe citing the same dubious policy it used to cut off support for a bakery driven out of business by vengeful same-sex marriage supporters:

“‘Campaigns in defense of formal charges of heinous crimes’ are prohibited by our terms . . . GoFundMe cannot be used to benefit those who are charged with serious violations of the law.” Continue reading

Comment of the Day: “Unethical Website Of The Month: Michael T. Slager Support Fund”

Now, let's not jump to conclusions...

Now, let’s not jump to conclusions…

UPDATE (MAY 3): I have been convinced that the original post that generated this Comment of the Day went too far. Asking for support for Slager’s defense cannot be unethical: Slager has a right to a defense, and the best one available. My thoughts on that issue, in relation to the Freddie Gray cops, are here. I still think it is obvious that the individual who posted the appeal is doing so for unethical reasons, and is likely a racist, an apologist for a bad cop, and an idiot. But the appeal itself is not unethical, hence the website was not unethical to post it.

________________________________________________

How can a website dedicated to paying for the defense of fired police officer Michael T. Slager be unethical, when every citizen is guaranteed the right to a defense before a jury of his peers? I thought I made my ethical objections to the site clear when I wrote:

Slager deserves a fair trial and will get one, but anyone whose immediate reaction to seeing the horrific video is sympathy for this killer cop needs psychiatric treatment, and quickly.

I also made it clear—I thought–that the text of the appeal betrayed a strange and ugly urge to shield Slager from the consequences of his conduct, which was per se, on its face, undeniably illegal under the laws of every state in the land, including South Carolina. He shot a fleeing man in the back; he cannot claim self-defense. Deadly force is forbidden in such situations. Unless Slager noticed that victim Walter Scott had death-ray shooting eyes in the back of his head, Scott’s death is a homicide, and it’s an open and shut case. The only remaining question is what level of homicide.

The appeal said that the poster supported Slager. Wrong. We should not support police officers who shoot citizens in the back. It attempted to minimize Slager’s offense by calling it a “mis-step.” Intentionally shooting someone illegally is not a mis-step. It’s murder. Then the appeal reminded us that Slager has a family, and didn’t do anything bad before he shot a man to death. Well, “first offense” is not a big mitigating factor when it comes to executing people.

However, I appreciate Ethics Alarms newcomer Gustav Bjornstrand‘s comment, though I don’t think this is the best context for it. Here is his Comment of the Day on the post “Unethical Website Of The Month: Michael T. Slager Support Fund.” I’ll be back at the end.

I venture to say that to offer support to Slager is certainly ethical, in and of itself. That is, if one believed that he or anyone deserves monetary support in order to raise a defence. It is conceivable that even someone who was certain he had committed a crime would choose still to aid him in getting good representation. It is unethical, I suggest, for anyone to assume that Slager is guilty of murder before a court decides the issue. It is possible, even if improbable, that there were circumstances prior to Slager firing that may shed light on his decision to fire. Additionally, there are a few other factors that need to be taken into consideration: Continue reading

No, There’s No Comparison Between Bill Cosby And Woody Allen And No “Double Standard”

One of these things is not like the other....

One of these things is not like the other….

Newspapers should make us more informed and smarter, not less informed and dumber. Thus a Washington Post feature this morning qualifies as journalism malpractice, incompetence exemplified. Its theme: “Gee, why is Woody Allen signing a new deal to do a streaming comedy series for Amazon, while Bill Cosby lost his deal with NBC?” The print edition sub-heads: “Crisis responses may explain…”

No, they don’t. This is a false comparison based on superficial similarities: two comics who initially peaked in the same era, both in their seventies, shadowed now by sex scandals. The effort to use one to question the treatment of the other is either intellectually dishonest or so analytically unsound that it should forfeit the authors’ privileges of being assigned to write anything for mass consumption (the Post piece is by Stephanie Merry and Amy Argetsinger, and shame on them). The question of why Allen and Cosby are being treated differently in the court of public opinion isn’t worth asking, but since they asked, here are the obvious answers:

1. Woody Allen’s art, comedy, and persona have never had anything to do with virtue, stable families or being any kind of a role model. As a performer, he has presented himself as perpetually horny, neurotic, obsessed with sex and masturbation, prone to lying, and open to adultery, betrayal, stealing friends’ lovers; in “Manhattan,” he happily romanced a virtual child. In real life, he says things like “The heart wants what the heart wants,” which is a  rationalization for any act unethical or illegal, involving sexual or romantic desire. If you were ever a fan of Woody Allen after the age of 13, you were so because he was funny, accepting the fact that he is at best a sexually obsessed, maladjusted creep.

None of this is true of Cosby, who has always aimed his comedy at innocence, functional families and traditional virtues, and represented his own values as consistent with these when speaking for himself. Sex was not any part of Cosby’s art or image. He was an iconic good guy. Continue reading

“Beverly Johnson And The Bill Cosby Scandal”: NPR’S “On Point” With Michel Martin, and Me, Among Others

old-microphone

//embed.wbur.org/player/onpoint/2014/12/16/bill-cosby-beverly-johnson-assault

The panel segment starts after the interview with Johnson, about halfway in. You can also listen on the WBUR website, here.

My comments regarding the discussion are here.

The Michel Martin Question I Didn’t Answer This Morning, and More On The Bill Cosby Scandal

On pointIn the segment on “Beverly Johnson And The Bill Cosby Scandal” I just completed for NPR’s “On Point” program, out of Boston with the magnificent Michel Martin hosting, I emulated the Sunday morning talk show guests I so revile for answering questions by making their own points that have little or no relevance to what was asked. Michel asked me, as the time left in the hour-long program was ticking down, what ethical obligations consumers—that is, the audience for his concerts, TV shows and albums—have regarding Cosby, in light of the rape allegations against him.

I was still stunned by the comments made by three callers, encompassing several ethically confused assertions that you know I would find annoying:

  • That the victims should not be coming forward so late;
  • That Cosby is “innocent until proven guilty” (GRRRRR…);
  • That it’s “easy” for women to make unsubstantiated allegations against celebrities, and
  • That there is a parallel between the allegations against Cosby and the Rolling Stone campus rape story.

That last one especially had my head threatening to explode, which would not be good for my relationship with NPR, so I think I can be forgiven for missing Michel’s query. Yes, the UVA rape allegation is exactly like the Cosby scandal, other than the fact that the accusers in Cosby’s case have come forward publicly while “Jackie” has not; that its two dozen (so far) alleged victims for Cosby and one in the UVA case; that one situation is a classic example of abuse of power, wealth and influence and the other is not; that Cosby settled one claim rather than air the allegations in a court of law; and that virtually every part of “Jackie” claim has failed to hold  up under scrutiny and investigation, whereas Cosby, the one individual who could offer evidence to counter the allegations against him, has done nothing but have spokesmen and lawyers issue blanket protests and denials.

Yup. Identical.

My answer to Michel should have been this:

“It’s up to Cosby fans, If they still can still laugh and cheer at Cosby’s nice guy schtick and “America’s Dad” persona knowing that he’s a serial rapist, fine: laughter is good, get it where you can. Personally, I can’t laugh at someone whom I know has engaged in horrific acts, hurt women who admired and trusted them, and by his own conduct left another cultural hero lying face-down in the mud. I can’t forgive it, I can’t get past it, and I’m certainly not going to keep laughing. this is no different from the NFL fans who keep wearing Ray Rice jerseys, or for that matter, Democratic women who continue to swoon over Bill Clinton. If they do, they either:

  • Can’t get over their cognitive dissonance, and at some level refuse to believe what cannot be rationally denied, or…
  • Don’t think the conduct involved—punching women, exploiting women, raping women—is worth getting upset about, or…
  • Buy the absurd personal/public dichotomy, and can still cheer wife-beatering athletes, star-struck intern-exploiting leaders, and raping comedians.

All of these are sad and impossible to justify, but they are common. Does the continued support of a Cosby ratify his conduct? Not in the eyes of his undeterred fans, but in the culture? Of course it does. If Bill Cosby’s career escapes relatively unscathed by this, and he is not held accountable by society, the verdict of the culture will be a particularly extreme version of The King’s Pass: if you are rich enough, powerful enough and seen as contributing enough to society, then you will be held to a lower standard, and can get away with, if not murder, serial rape.”

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Scheduling Note: Cosby, Michel Martin, NPR, and Me

Beverly Johnson

Beverly Johnson

Beverly Johnson, the super-model whose Vanity Fair article about being drugged by Bill Cosby decades ago when she was summoned for an “audition,” will be a guest on the Boston NPR station, WBUR, as former “Tell Me More” host Michel Martin stands in. After Johnson, a panel will discuss various issues legal, ethical and cultural about the Cosby allegations, and I’m on it, along with Renee Graham, music and pop culture critic for NPR’s Here & Now. Op-ed contributor at the Boston Globe, and Debra Katz, partner at the law firm Katz, Marshall and Banks. You can catch up on some of the ethical implications of the Cosby mess here, and some more details about the show here. If you can get the show on the radio or web, you’ll hear it at 10 AM, E.S.T.,  this morning.
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