Homeward Bound Saturday Morning Ethics Catch-Up, 9/8/2018: Not Spartacus, Not Good Citizens, Not Trustworthy

Good Morning!

1 Good job, everybody. Lots of comments yesterday despite scant new content. Thanks. I am in the process of organizing a new D.C. law firm, Bergstein, DeCailly and Marshall, PLLC. I’m the ethics partner. It shouldn’t interfere with the activities of ProEthics or Ethics Alarms, except for the occasional conflict of interest that raises its hoary head, and time, like yesterday. I was in meetings down here in Ft. Lauderdale from early morning through dinner, meeting with a large group of some of the most fascinating and diverse professionals I’ve ever been involved with. I arrived back at the hotel too fried to even consider posting anything. I have responded to some comments while I’m waking up today.

The lack of participation by those of a more liberal orientation is disappointing, and rankles me daily. I hate being rankled. I guess I should be able to sympathize with why a omitted progressive or Democrat would want to have a bag over his or her head after the last few days of self-immolation by Senate Democrats, or would be paralyzed by embarrassment at hearing Barack Obama, of all people, complain that the Republicans are divisive. The most divisive occurrence in American politics is when the previous President actively works to undermine the current one. There is a reason that hasn’t happened since Teddy Roosevelt turned on President Taft, and the result was the election of one of the most disastrous Presidents of all time, Woodrow Wilson.

2. 16 places you can retire to if you’re a lousy American. The entire attitude underlying this article, 16 countries where you can retire ‘happier’ than in the US. is selfish and irresponsible. You are an American citizen and this is a participatory democracy. I don’t care if you’re retired; you still have a lifetime obligation to contribute to society, your community, and the nation. Happier nations for the retired, according to the article, are rated according to how the happiness of retirees is trending. Of course that method shows the U.S. in a bad light: retirees are justifiably pissed off watching one party set out to rip the country in two, open borders, and undermine the Bill of Rights, the election of Presidents, and our institutions, and the other being led by an irresponsible narcissist. That doesn’t mean that the patriotic and ethical response is to leave the country that got them this far to the antifa and “the resistance.” Continue reading

Ethics Hero: Orrin Hatch

Our political culture has come to a sad state when the simple act of retiring before obvious disability intervenes is an act of rare responsibility and courage. We are at that sad state, however, so the announcement by 83-year-old Utah Senator Orrin Hatch, the longest-serving Republican senator in American history, that he will not run for re-election in 2018 is worthy of salute. Hatch will leave the Senate at the end of his current term, after 42 years in office. He is giving up power, something so many find difficult to do.

Hatch has power now: he is the chairman of the powerful Senate Finance Committee.  He played a pivotal role in passing the Trump tax reform bill that passed  before Christmas, and decided that it was a fitting way to crown his historic Senate career. It isn’t exactly Ted Williams hitting a home run in his final at bat; for one thing, there is another year to go before Hatch’s term is up. Nonetheless, he is doing one of the hardest things for a p0werful figure to do, especially, it seems, today’s Senators in both parties,

More than half of the 18 Senators up for reelection in 2018 will be over the age of 65.  If they win, another six years in office would put Senators Feinstein, Nelson, and Sanders well into their 80s. By the 2020 elections, 21 of the 33 Senators running for reelection will be 65 or older. This is neither healthy for the country nor responsible, and the problem extends beyond the Senate. Over the past three decades,  the average age of a member of Congress has steadily increased. In 1981, the average age of a Representative was 49 and the average of a Senator was 53. Today, the average age of a Representative is 57 and the average of a Senator is 61.  House Democrats are especially antediluvian:  the average age of the Democratic House leadership is 72 years old, in contrast to the average age of Republican House leadership, 48 years. Continue reading

Integrity Check For Senator McCain

Arizona Senator John McCain, a long-time leader of the Republican Party and a bona fide old lion of the U.S. Senate, has been diagnosed with an aggressive and malignant form of brain cancer. Surgeons removed the tumor this week, but the Vietnam war hero and former Presidential candidate knows he is facing the fight of his life. This kind of tumor tends to come back, so McCain’s treatment has to be as aggressive as the cancer.

The unavoidable truth is that Senator McCain has an ethical obligation to resign, and the sooner the better. Members of Congress, like Supreme Court Justices, should not drag their tenure into advanced age, when health, energy and mental acuity are likely to decline. McCain, who is 80, has shown unusual vigor as he has aged, but it is absurd to  imagine that he can do his job while undergoing life-and-death cancer treatments. For his own sake, that of his party, the institution of the Senate, his nation and his legacy, Senator McCain needs to be an exemplar to his colleagues and future elected officials who have the public’s trust. It is a time for him to model sacrifice, selflessness, humility and good judgment.

There is important work to be done, and if it is to be done well, men and women of health and focus must be the ones to do it. John McCain is an amazing and honorable man who doesn’t have to prove his mettle and fortitude to anyone. Now he has to have the courage and integrity to do the hardest thing of all: to know when to quit, and to do it.

I’m betting that he will. John McCain knows how to be a hero.

Morning Ethics Warm-Up: 7/11/17…”Alan Brady” Shows His Ignorance, And The New York Times Shows Its Bias.

Good Morning!

[By the time I finished #1 on today’s list, there was no room for the rest, except for the shortest item. Oops. But it’s Carl Reiner’s fault: he ticked me off.]

1. Carl Reiner, comedy legend and still kicking in his 90s, wrote an op-ed for the New York Times urging Supreme Court Justice Kennedy not to retire, as some believe he is preparing to do. Kennedy is a relative  whippersnapper at 8o. That Reiner’s argument is unethical in multiple ways should be obvious, but then expecting the editors of the New York Times to spot an ethics problem is naive.

Reiner tells Kennedy that he shouldn’t retire because ” the best part of your career has just begun. As a nonagenarian who has just completed the most prolific, productive five years of my life, I feel it incumbent upon me to urge a hearty octogenarian such as yourself not to put your feet up on the ottoman just yet. You have important and fulfilling work ahead of you.” The problem is that the decision shouldn’t be based on what Kennedy wants or will enjoy. He’s supposed to act in the best interests of the nation, not to maximize the rewards of his golden years. Reiner uses a comparison to his own career—he still acts periodically, but even Reiner can’t possible think that his last five years were objectively more productive than when he was writing and performing in “Your Show of Shows,” or playing Rob Petrie’s hilariously nasty boss on “The Dick Van Dyke Show”—which shows a narrow perspective. If Carl can’t perform the way he used to but movie-goers still like watching him, there’s no harm done. A SCOTUS justice who no longer is in top mental fettle, however, can do substantial harm.

How many screenplays has Reiner had produced since he turned 80? How many studios have hired him to direct? The last movie he wrote was in 1989, when Carl was 67.  His last directing assignment was 20 years ago. So Carl has retired from those jobs that are too demanding for him, just not acting. His argument to Kennedy is disingenuous. Gee, maybe the Justice should try acting, like Carl.

Reiner’s entire piece is a sham: it isn’t about retirement, it’s about liberal politics. He writes,

“The country needs justices like you who decide each case with fairness and humanity, and whose allegiance is to the Constitution of the United States of America, not to a party line. You have always voted your conscience, and defended the rights and liberties of all our citizens.”

Is  Reiner seriously arguing that there are no younger qualified judges “whose allegiance is to the Constitution of the United States of America, not to a party line” ? That’s what all SCOTUS justices are pledged to do.  Does anyone think that Reiner would like Justice Ginsberg, also in her 80’s, to step down because she reliably hews to Democratic Party positions in virtual lockstep? No, of course not. What he is really saying is that when Republican-appointed justices consider cases, they violate their duty to be objective, but when Democrat-appointed justices decide in favor of progressive positions, they are just being wise and fair. This also the position of the New York Times, which is using an old man as its mouthpiece. Nice. Continue reading

Comment Of The Day (2): “Public Servant Ethics, Employment Ethics, Baseball Fan Ethics, And Senator John McCain”

The post about John McCain’s troubling performance during the Comey testimony inspired this thoughtful comment by dragin_dragon, a self-professed senior citizen (although I had no idea), on the related topic f officials knowing when age and/or infirmity create an ethical obligation to step down and retire in the interests of society. 

The confounding factor, and one that becomes a powerful rationalization for those who want to stay on in important positions long after their metaphorical pull-date, is that many of them can truthfully argue that their age-ravaged abilities are still better than most of the younger alternatives. Or, as my sister said during a discussion on this topic, “I’d rather have Justice Ginsberg with half her marbles than anyone Trump would nominate.”  I bet that’s how Justice Ginsberg is thinking too. Then there was that attorney with a drinking problem who everyone in the firm agreed was twice as good as any attorney in the firm when sober, and 50% better when drunk as a skunk.

Does that mean the firm should be satisfied if he’s drunk all the time? Isn’t this the same as the age diminished once-brilliant judge?

A topic for another time. Meanwhile, here is dragin_dragon’s Comment of the Day on the post, “Public Servant Ethics, Employment Ethics, Baseball Fan Ethics, And Senator John McCain”:

There comes a time in anyone’s life when it should be obvious that it is time to “Hang up the guns”. In my own life, I am but 71, and I am seeing numerous anomalies in my behavior (walking into a room and wondering why I am here) and in my rational thought (I suspect most who have read my comments sometimes have the same question). I am getting to where I lose debates to my wife on a regular basis (she’ll tell you I’ve always done that). More to the point, I am AWARE of the beginning deterioration. I am wondering if John McCain and Ruth Ginsberg are.

Another thought had occurred to me, however. After realizing that there was some slippage, I have refused an opportunity to run for Alderman and for Mayor of our little newly-incorporated city, because I honestly did not feel I would be able to do the job, either of them, justice, either mentally (what’d you say my name was again?) or physically. I’m winded some mornings after tying my shoe-laces. However, I am reasonably certain that narcissism plays little part in my personality. I suspect it is a BIG part of most elected officials (city, county, state, national) personalities. The idea being “Nobody but ME can do this job properly”, or in some cases, “Nobody but me can do this job, period, well or poorly.” Continue reading

Ethics Quiz: Boston’s A-Rod Dilemma

newsday-AROD

This is a really, really hard one.

Over the weekend, as reported here, Yankee superstar/pariah/cheating jerk for the ages Alex Rodriguez announced that he would “retire” after next Friday night’s game. He’s not really retiring, of course. Like almost everything involving A-Rod, lies and cover-ups reign. Since the Yankees were going to have to pay the rest of his contract to the tune of 27 million bucks either way, they told Alex that they could release him, thus ending his career on a sour note, or allow him to pretend to make the decision to leave the game himself, which would be better PR for all concerned.

However, the announcement presents a problem for the Boston Red Sox. A-Rod’s next-to-last game is Thursday night in Fenway Park, and a player with Rodriguez’s astounding career on-field achievements would typically warrant an on-field salute, like the Sox gave Yankee icon Derek Jeter when he retired. The problem is that Red Sox fans don’t like or respect A-Rod, and they shouldn’t. No baseball fan should. He disgraced the game with his drug use and lies; was an unsportsmanlike presence for most of his career, and will not reach the Hall of Fame despite one of the best careers ever unless the Hall junks all of its character requirements.

Yet reciprocity raises its ethical head. David Ortiz, the beloved Red Sox slugger, is also retiring after this season, and the Yankees have planned to give him a big send-off when Big Papi plays his last game in Yankee stadium. How can the Red Sox snub A-Rod, and expect the Yankees to honor their hero? If the Red Sox do hold a ceremony for Rodriquez, will Sox fans use it as an opportunity to heap well-deserved abuse on Alex one last time? If Sox fans fill Fenway with boos, will Yankee fans reciprocate by ruining Ortiz’s moment in New York? (I would give my guess on this, but it might expose a long-held bias against Yankee fans.)

Your Ethics Alarms Ethics Quiz of the Day:

What is the most ethical way to handle this awful situation?

Continue reading

Alex Rodriguez Announced That He’s Retiring As A Baseball Player. He Could Have Been Fair And Ethical About It. Nah!

alex-rodriguez

New York Yankee Alex Rodriguez, a three time MVP, 14-time All-Star and one of the most talented and controversial players in baseball history—and the epic Ethics Corrupter  who has been criticized on Ethics Alarms more than any other sports figure!—  announced that he will play his final major league game next Friday. For his 20 million dollar  salary this year, “A-Rod” is hitting only .204 with nine home runs and 29 RBIs in 216 at-bats. He can’t play in the field anymore, and any normal player of his age (41) and diminished skills would have been released long ago. (Indeed, any normal player of  his age and diminished skills would have quit.) The team, however, is obligated to pay Rodriguez’s 20 million annual salary not only this year, but also the next. This makes him untradeable as well as too expensive to release.

Of course, if a player voluntarily ends his relationship with a team by retiring, he waives the rest of his contract. Many players have done that when they reached the point in their careers where they were no longer helping the team, taking the place of a better young player on the roster, and embarrassing themselves. None of those players, however, would be forfeiting 27 million dollars, the current tab the Yankees are contractually obligated to pay A-Rod as the final lap of a $275 million, 10-year contract that was baseball’s largest in 2007.

Nevertheless, forfeiting the money is what an ethical player should do. He’s not earning it. Rodriquez has made more than a half-billion dollars in his career, not counting various endorsement fees and bonuses. His two children are guaranteed to be tycoons many times over. He has lots of money, but very little accumulated good will or respect, as a confessed steroid cheat (he was suspended for the entire 2014 season for PED use and a cover-up) and is one of the most disliked players in any sport. Retiring as a straightforward admission that he is no longer able to play and has been hurting his team and team mates would have been the ethical course—a sacrifice, but not much of one.

Nah. Continue reading