Observations On The Senate Olympics Investigation Report

An 18-month Senate investigation resulted in a searing report that found the U.S. Olympic Committee—among others— failed to protect young female athletes from sexual abuse. On July 30, Sen. Jerry Moran (R-Kansas) and Sen. Richard Blumenthal (D-Connecticut) released the long report  detailing “widespread failure by the U.S. Olympic and Paralympic Committee (the “Committee”) and other institutions to keep athletes safe.”

The effort was sparked by the ugly scandal surrounding Dr. Larry Nassar, the USA Gymnastics team doctor, who was sentenced to up to 175 years in a Michigan prison after it was revealed i 2016 that he had sexually abused and assaulted hundreds of female athletes.

The report and its contents have not received sufficient publicity in mainstream media sources, and one is left to speculate on why. The Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection found that, from summer 2015 to September 2016,  Olympic organizations hid the extent of Nassar’s crimes from the public and athletic community “to the detriment of dozens of women and girls who were sexually abused during this period of concealment.”

Those “other institutions” impugned in the 235-page report included the FBI. “The FBI failed to pursue a course of action that would have immediately protected victims in harm’s way. Instead, the FBI’s investigation dragged on and was shuffled between field offices,” the report states. This was not, as many media reports misleadingly suggest, just a failure of sports organizations. “Hundreds of women and girls were sexually abused by Larry Nassar” when basic competence, concern and diligence in many organizations, including law enforcement, would have saved them.

Observations: Continue reading

The Ohio State Sexual Abuse Scandal: I Might Have Some Trenchant Ethics Observations On This Horrible Story If I Could Figure Out How The Heck It Could Happen.

I don’t understand this story at all.

Richard Strauss, a now-deceased doctor who worked at Ohio State University, sexually abused at least 177 male student athletes and probably more during his two decades at the institution. Yet the worst consequences he suffered  was a short suspension. When he retired, Ohio State gave him  an honorary title.

Many, many administrators, coaches and students  knew about the ongoing abuse, which included fondling athletes’ genitals, performing sex acts on them and making lewd comments during exams. According to an investigative report released last week, none of them took decisive action. Of the 177 victims, 153 were student athletes or students affiliated with athletic programs at Ohio State, including 48 members of the wrestling program, 16 from gymnastics, 15 from swimming and diving, 13 from soccer, 10 from lacrosse and seven each from hockey, track and field and baseball.

Some students told officials about Strauss, who killed himself in 2005 (GOOD), but the complaints were ignored. The  report on the  investigation,conducted by the Perkins Coie law firm  concludes that Strauss’s abuse was an “open secret” on campus and athletes came to accept it as a form of “hazing.”

I repeat: I do not understand this at all. Continue reading

Morning Ethics Warm-Up, 12/13/2018: The All-Segue Edition

Good Morning!

(Though any day that begins with the legal gossip scandal-sheet website Above the Law sending me a “media inquiry” as they dig for dirt is not a good day.)

1. In brief. Well I have now received the appellant’s brief in a certain lingering law suit regarding Ethics Alarms. What fun. Anyone who wants to read it is welcome; those who have dealt with pro se submissions will immediately recognize the syndrome, lawyers may be amused, and non-lawyers may be edified. I expect to knock out the reply brief today, which won’t have to be more than a few pages. It’s not like I have better things to do or anything…

2. Speaking of cases that should have been thrown out of court…Reason reports:

In June, an Oakland County sheriff’s deputy pulled Dejuante Franklin over in front of a gas station for a traffic violation. While handing Franklin his ticket, NWA’s “Fuck tha Police” began to play in the background. As it turns out, James Webb, who did not know Franklin, witnessed the stop. He decided on his own accord to turn the song up louder before walking into the gas station store. When he exited, the officer slapped him with a ticket for misdemeanor noise violation, citing that Webb played the song at an “extremely high volume.”

It took 9 minutes of deliberation for a jury to bring in a verdict of  not guilty. This was an obvious attempted end-around the First Amendment by the officer, and the judge shouldn’t have let it get to a jury at all.

3. And speaking of abusing First Amendment rights…as well as “A Nation of Assholes,” MSNBC’s “Morning Joe’s” co-host and wife-to-be (don’t get me started on THAT) Mika Brzezinski,  called Secretary of State Mike Pompeo a “butt-boy” during yesterday’s show.  Why not? After all, CBS lets its on-air personalities call the President a “cock-holster.” Mika wouldn’t have had her filters down, of course, if the culture around MSNBC wasn’t rife with such hate, but she realized mid-show that this wasn’t exactly professional or civil news reporting, and babbled an apology. Too late!

An ethical, professional news station would suspend her, but this is MSNBC, and there are no ethical, professional news stations.

4. Meanwhile, speaking of media bias and unprofessional reporting...A New York Times “fact check” on the contentious meeting among Trump, Pence, Pelosi and Schumer had this amusing note:

“Mr. Trump has long charged that Democrats want open borders, slinging accusations at a higher clip in the waning days of the midterm elections campaign in November. Democrats do not want open borders, evidenced in part by border security legislation that Democrats have supported. What Democrats do not want is Mr. Trump’s costly border wall.”

Oh, that’s a fact, is it? No, Democrats, at least a great many of them, DO want open borders, evidenced in part by their wilful refusal to distinguish between illegal immigrants and legal immigrants, their insistence on signalling through their support for “Dreamers” that bringing children across the border illegally is a virtuous act, their position that illegal immigrants should be allowed to stay in the U.S. as longs as they don’t break any more laws, their constant demonization of necessary border enforcement efforts, and their proposals to abolish ICE. Continue reading

Morning Ethics Warm-Up, 2/5/18: Churchill, Philly, Trump, Uma, And The FBI

Good Morning, Philadelphia!

Now sober up and clean up the mess…

1 This has little to do with ethics, except that it proves I wasn’t watching the Super Bowl, but…Here’s my report on “The Darkest Hour,” which my family saw last night in an almost empty theater. Apparently most people would rather see young men risk future dementia than celebrate a great man who may have saved civilization.

[ Aside: On that question, this article in the Federalist says in part, “Super Bowl Sunday seems the appropriate day to bring you the cheerful news that football is doomed. The sport is dying and cannot be saved, at least not in America, its traditional home. The cause of death is science. Simply put, football is a sport in which the audience entertains itself by watching men violently turn each other’s brains to mush…What happens if football becomes a game where white middle-class people pay millions to watch poor and minority kids bang up each other’s brains? I don’t think that’s going to be tenable….That means it’s only a matter of time before participation rates drop off precipitously and it no longer seems like the cool thing to do.The science has turned against football, and it can’t last. So enjoy today’s game, while you still can.” ]

You can skip to the next item if you don’t like your ethics polluted by film reviews.

The film is very good; not “Best Picture” great, I think, but very good. It did a better job making clear what was going on and the stakes at Dunkirk than “Dunkirk,” for which I’m grateful; maybe thay should show the two movies as a double feature. The last fade-out shot was “The Natural”-style over-the-top, out of whack with the style of the rest of the film and it left a sour taste, I thought. Artistic integrity would be nice. It reminded me of ET’s spacecraft leaving a rainbow trail

I’ve now seen four Churchill portrayals recently: Albert Finney’s in the 2002 HBO film “The Gathering Storm,” Brian Cox in “Churchill,” Gary Oldman, and John Lithgow in “The Crown.” My ranking: would also be in that order: Finney, Cox, Oldman and Lithgow lagging far behind. I’m a big Lithgow fan, but he looks and sounds so little like Winston (and so much like himself) that he just can’t measure up to the other three..

Finney, Cox and Oldman were all excellent: it’s very close. Oldman has by far the best part of the story to work with (the chronological order is Finney, Oldman, Cox and Lithgow) and the best screenplay, though “The Gathering Storm” is also strong. Oldman’s scene in the “Tube” is the best scene in any of the productions. It probably didn’t happen, but Churchill was known to wander around London talking to Londoners during the Blitz, so it COULD have happened.

All of the top three Winstons had moments when I forgot the actor and really believed I was watching the historical figure, my test in biographical films. This was something Lithgow couldn’t pull off for a second.  (Actors who could in other historical movies: Paul Scofield as Thomas More, Daniel Day Lewis as Lincoln.) Finney’s big advantage over Cox and Oldman, I think, is that he is a star as well as a great actor, and Churchill, as a Great Man, needs to radiate that presence and star quality too. Oldman feels small physically (though he’s actually taller than Churchill was, and no shorter than Finney), and his voice is light; there’s nothing he can do about that. I could make a strong argument that Brian Cox, who is one of the most under-rated actors around, was the best Winston, but the film itself was unforgivably careless and ahistorical.

If you haven’t seen Finney’s performance, which won him several awards, you should. It was probably his final great turn, since he’s in his 80s now and hasn’t made a movie since “Skyfall” in 2012.

Finney’s Clementine, Vanessa Redgrave, wins the award for that role, though her daughter, Miranda Richardson, was also fine in the same role with Cox. Apparently every actor who plays King George is great, but “Churchill”‘s King, James Purefoy, was wonderful (he’s another under-rated actor) and in a fair world, would be looking at an Academy Award nomination for Supporting Actor. The acting in that film is so excellent; it’s a shame its history is so messed up.

2. From the “When Ethics Fail, the Law Must Step In” file: Continue reading

Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition

Good Morning (and I hope you all feel better than I do).

1 Tide Pod Update: If you want more libertarians, here’s how to get them.  At the Fortune site, Harold I. Ziegler writes,

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

If there is a better example of the thought processes that create nanny states and push society to eliminate personal responsibility, accountability and autonomy from its values, I can’t think of it. If people persist in the “Hit Yourself In The Head With a Hammer Challenge,” ban hammers.  How do intelligent, educated people end up thinking like this? More amazing still is that a consultant can put out an addled argument like this one for public consumption—Wait! Harold’s opinions make people stupid, and we can’t seem to stop people from reading them! Using Harold’s logic, we better ban freedom of expression! Or Harold!—and still be able to persuade clients to pay for his advice.

2. But if it’s more white nationalism you want, here’s how you get THAT…San Francisco Acting Mayor London Breed, an African-American, was voted out at by her colleagues Board of Supervisors in favor of Mark Farrell, who is white. The Horror.  will replace her as interim mayor until voters select a new mayor in June. As soon as it became apparent that the first African-American woman to lead San Francisco, albeit only because the elected mayor died suddenly, was being replaced by a white male, black citizens in the room erupted with rage, with many leaving in protest, and others shouting, “Shame, shame, shame.” “This is war!” some shouted as the meeting ended.

Nice.

In related news, the Congressional Black Caucus announced that it will boycott the State of the Union speech. Continue reading

Morning Ethics Warm-Up, 1/25/2018: Special “Was That Wrong? Should I Have Not Done That? I Gotta Plead Ignorance On This Thing Because If Anyone Had Said Anything To Me At All When I First Started Here That That Sort Of Thing Was Frowned Upon…” Edition*

Good morning, all.

Let’s get warmed up…

1  Social media censorship. Tom Champlin, who owns the libertarian news aggregator The Liberty Review and runs its associated Facebook page was banned from Facebook for 30 days under its “community standards” for posting this:

Facebook prohibits posts that promote harmful conduct, eating disorders and suicide, but no one but an idiot–is the Facebook community made up of idiots?—would misinterpret the meaning of that meme. It’s a political statement, and if it really violates Facebook’s “community standards,” then Facebook is demanding ideological conformity in its already largely mindless left-wing echo chamber. Either enough Facebook users who believe in free speech make a stink over this kind of attempted regulation of public opinion to force Facebook (and Twitter, and Google) to cut it out, or the open expression of ideas in social media will be doomed.

I suggest every Facebook user post this meme, not to chide Obamacare, but to show support for freedom of expression, and contempt for Facebook’s attempt to strangle it. Of course Facebook, as a private business, can ban what it wants. That doesn’t mean abusing its power and influence is any less dangerous or despicable.

I just posted this item, with the meme, to my Facebook page. I’ll be interest to see a) if I get banned, even with the above preface, and 2) how many of my knee-jerk progressive friends have the integrity to post the meme themselves.

2.  Predators who don’t get it, Part 1. Like many others, I wondered if the NPR banishment of Garrison Keillor and the deposit of his iconic “Prairie Home Companion” radio show  in the Void of Shame was just witch hunt mania. Keillor dismissed it as the result of a single ex-employee making a late fuss over an accidental laying on of hands. Finally, after being attacked by Keillor fans for Frankening him unjustly, Minnesota Public Television, which was the NPR station that investigated the plummy humorist, decided that it had to go public with the real story. Yesterday it posted a statement that said in part…

When Minnesota Public Radio abruptly severed ties with Garrison Keillor in November, the sole explanation offered by the company was “inappropriate behavior” with a female colleague.

For his part, the creator and longtime host of A Prairie Home Companion described his offense as nothing more than having placed his hand on a woman’s back to console her. An investigation by MPR News, however, has learned of a years-long pattern of behavior that left several women who worked for Keillor feeling mistreated, sexualized or belittled. None of those incidents figure in the “inappropriate behavior” cited by MPR when it severed business ties. Nor do they have anything to do with Keillor’s story about putting a hand on a woman’s back:

  • In 2009, a subordinate who was romantically involved with Keillor received a check for $16,000 from his production company and was asked to sign a confidentiality agreement which, among other things, barred her from ever divulging personal or confidential details about him or his companies. She declined to sign the agreement, and never cashed the check.

• In 2012, Keillor wrote and publicly posted in his bookstore an off-color limerick about a young woman who worked there and the effect she had on his state of arousal.

• A producer fired from The Writer’s Almanac in 1998 sued MPR, alleging age and sex discrimination, saying Keillor habitually bullied and humiliated her and ultimately replaced her with a younger woman.

• A 21-year-old college student received an email in 2001 in which Keillor, then her writing instructor at the University of Minnesota, revealed his “intense attraction” to her.

MPR News has interviewed more than 60 people who worked with or crossed professional paths with Keillor. Most spoke on the condition of anonymity because they still work in the industry or feared repercussions from Keillor or his attorneys…

Is it possible that Keillor really believes that he never did anything wrong? Yes, it’s very possible, and this Ethics Alarms post from yesterday in all likelihood applies to Keillor, another weird, homely guy that learned early in life that show business was a great way to attract women. Continue reading

Morning Ethics Warm-Up, 1/21/2018: Bad, Worse, Worst, And Beyond Comprehension…

Good Morning, Everyone!

1 Whew! This guy was almost on the Supreme Court! Retired Harvard Law School Constitutional law prof Lawrence Tribe. whose recent misadventures on Twitter have become the cause of mirth and dismay in the legal world, tweeted this:

The premise of the 2015 post “A Nation of Assholes” was that a President Donald Trump’s crudeness, incivility and boorishness would permanently degrade the culture through the influence the office of the Presidency traditionally has on the young. Bill Clinton, for example, made blow-jobs cool to high school students.  This, Ethics Alarms held, was alone good reason to defeat him. However, I did not see his influence affecting the likes of Larry Tribe, as well as Trump’s adult adversaries in academia, the news media, and the Democratic Party, all of whom have allowed their own discourse to head into Tarentinoville because of Trump Derangement. This, in turn—you morons!-–minimizes and normalizes Trump’s vulgarity.

The President has not, unlike Tom Perez, Senator Kamala Harris and others, used any vulgar words in his public utterances or tweets. The infamous “shithouse” line was used, if it was used, in a private meeting, whereupon CNN took it into the living rooms of America an estimated 200 times.

And by the way, Professor, #SchumerShutdown is accurate, and TrumpShitdown isn’t even clever unless one is about 11.

2. And speaking of assholes… Bill Maher had a blinding moment of clarity, and ranted this yesterday on his HBO show (I have to rely on Ann Althouse for this quote, because I would no more watch Bill Maher than I would chew off my foot):

“I’m down with #MeToo. I’m not down with #MeCarthyism. Something is way off when Senator Kirsten Gillibrand can go unchallenged saying ‘when we start having to talk about the differences between sexual assault and sexual harassment and unwanted groping, you are having the wrong conversation.’ Can’t we just be having an additional conversation? Can we only have one thought now? I get it that Al Franken had to become roadkill on The Zero Tolerance Highway — a highway, it seems, only Democrats have to drive on — but do liberals really want to become The Distinction Deniers, the people who can’t tell or don’t want to see a difference between an assault in a van and a backrub by the watercooler? Masturbation is normal and healthy. But not in the park. Giving up on the idea that even bad things have degrees? That is as dumb as embracing the idea of ‘alternative facts.’ I get it when Trump’s side doesn’t want to talk. He only knows 88 words. But we are supposed to be The Conversation People. Justice requires weighing things. That’s why Lady Justice is holding a scale, not a sawed-off shotgun. Senator Gillibrand went on to say, ‘You need to draw a line in the sand and say none of it is okay.’ Yes. Agreed. But we can’t walk and chew gum anymore? We can’t agree that groping and rape are both unacceptable and one is worse?…”

Not quite Ethics Hero material, but for a hero of the young Left to make this point can’t be anything but good. Maher isn’t really a progressive, and he’s certainly no feminist (Does Proudly Promiscuous Bill fear the knock on his own door from #MeToo in the middle of the night? I’d bet on it…); he’s a self-serving libertarian who hates Republicans. Nevertheless, he knows, as my father would say, which side of the bread his butter is on, so for him to challenge the witch hunters is, for him, principled and courageous. Quick observations:

  • Did Senator Gillibrand really say that?
  • Why did Senator Franken have to become roadkill, Bill? Because those wild-eyed progressives you pander to are ruthless and obsessed, that’s why.
  • Bill’s periodic virtue-signals during his rant are obvious and undermine the force of his message. “A highway, it seems, only Democrats have to drive on”—what does that mean, exactly? That Republicans should have to drive on the same highway Bill is condemning? No, that makes no sense. That Democrats are being absurd, and Republicans are being reasonable? No, Bill doesn’t want to say that. What then? Oh, Bill has no idea, he just knows that if it sounds like Republican-bashing, that’s good enough for his typical, half-stoned fans.
  • I am about to add the “alternative facts” jibe to my list of misleading comments that I am pledged to correct every time I hear it. This was a live TV gaffe, not by the President but by Kellyanne Conway. Repeating it ad nauseum as if it was an official statement of policy is a lazy cheap shot at this point.
  • In Althouse’s comments, someone claims that Maher’s reference to “88 words” was a coded reference to Trump being a Nazi (H is the 8th letter, so “Heil Hitler” is “88”) Is Maher really that slimy?

3. Why would it be wrong to use the death penalty on the Turpins? My position on capital punishment is that it is an essential tool for society to establish what it regards as the worst possible violations of societal and cultural standards, the crimes that civilization must reject in the strongest possible terms if it is to survive.  Treason, terrorism, mass and serial murder, and kidnapping children for ransom are reasonable crimes to ethically justify death by execution. What David Allen Turpin and Louise Anna Turpin reportedly did to their 13 children is arguably as bad or worse than any of these. We just don’t have a name for the crime. It would have to be some combination of torture, imprisonment, child abuse, depravity, and sadism–and even that doesn’t describe it.

I believe the nation, our jurisprudence and civilization would benefit if what the Turpins did henceforth was punishable by death, even if, as I hope, the opportunity to use the law never occurs.  Unfortunately, there is no law on the books now to permit killing them.

Too bad. Continue reading