Roger Ailes

Monica Fails Another Accountability Test

/ Jack Marshall / 31 Comments

This is the graphic the Times used above the Lewinsky op-ed. You didn’t know that the whole Clinton-Lewinsky scandal was staged by Roger Ailes, did you? Yes, it was all his fault. Really. And since he’s dead, this is the perfect time for the Times to say so.

In an New York Times op-ed prompted by the death of Fox News founder Roger Ailes, Monica Lewinsky demonstrates that she sees herself as a pathetic victim, and blames others for what happened to her after a President of the United States decided to indulge himself and use a star-struck White House intern as his sex toy. Yet Monica’s others barely include Bill Clinton (he is mentioned just once in her screed), who did victimize her. Instead, she is accusing  Ailes and Matt Drudge, who committed the sin, Lewinsky implies, of preventing the mainstream news media from burying the story, as it was in the process of trying to do.

Monica’s attack on Ailes is just the latest in the hate-fest from the Left in reaction to his death. His primary crime, in their eyes, was  interfering with the left-wing media’s ability to spin the news to recruit the public in uncritical and ignorant support of all things liberal. Many of the vicious tweets from reporters (When Al Sharpton stands out for being fair, you know something is amiss) focused on Ailes’s sexual harassment, but it is fair to assume that Clinton, another serial harasser, will not be memorialized by these critics in the same way. Ailes was a sexist, power-abusing pig, but these people work with and cover  and vote for sexist power-abusing pigs all the time. They revile Ailes because he broke up their monopoly.

The Times can only have decided to publish Lewinsky’s jaw-droppingly obtuse and self-serving column as part of its own post-mortem smear of  Ailes, even though it makes Monica look deluded and juvenile. Yes, she is being used again.

She writes in part: Continue reading →

Sexual Harassment, Victim Blaming, Toxic Corporate Cultures, President Trump’s Defense and Other Ethics Notes On Bill O’Reilly’s Fall (Part II))

/ Jack Marshall / 55 Comments

The Ethics Alarms audit of the Bill O’Reilly canning by Fox (okay, technically it wasn’t a firing, but it was) continues…

9. One problem with the Left’s thinly veiled joy at getting O’Reilly is that it encourages the Right’s narrative that O’Reilly’s only crime was being conservative. Also not helping were President Trump’s interview statements about O’Reilly to the New York Times, in which he said in part,

“I think he’s a person I know well — he is a good person… I think he shouldn’t have settled; personally I think he shouldn’t have settled. Because you should have taken it all the way. I don’t think Bill did anything wrong.”

Stupid, stupid, stupid; irresponsible. Maybe two stupids and two irresponsibles. Do otherwise good people engage in sexual harassment? Of course: good people do bad things. But when a prominent individual says publicly that a sexual harasser is a good person, it sends a message that sexual harassment, like all abuse, doesn’t create a rebuttable presumption that someone is not a good person. Add to that Trump’s last statement, “I don’t think Bill did anything wrong,” and the toxic messaging is complete. Either that statement means that the President is, based on nothing, claiming that the allegations against O’Reilly are untrue, or worse, he is saying that there is nothing wrong with sexual harassment. Based on his infamous exchange with Bill Bush, there is good reason to believe that this is exactly what he means.

10. That interview, in turn, led inevitably to this fatuous and offensive article by conservative blogger Roger Simon. Sure, Roger, you dummy, O’Reilly did nothing wrong except support Donald Trump. Count the rationalizations in this piece of offal by one of the shimmering stars in the Pajama Media firmament of conservative thought-leaders.

The sad truth is the many conservatives—most?—really don’t think sexual harassment is a big deal. It is one of many ethics blind spots.

11. One conservative who lacks that blind spot—though she has lots of others—is Sarah Palin, who had this exchange yesterday with CNN’s Jake Tapper: Continue reading →

Sexual Harassment, Victim Blaming, Toxic Corporate Cultures, President Trump’s Defense and Other Ethics Notes On Bill O’Reilly’s Fall (Part I)

/ Jack Marshall / 23 Comments

As you probably know by now, Twenty-First Century Fox Inc ended its relationship with Bill O’Reilly at Fox News following what are being called allegations of sexual harassment, the revelation of them in the news media despite Fox’s pay-out of over $13,000,000 to the women who were involved, and a subsequent wide-spread boycott of his high-rated show “The O’Reilly Factor.”

Ethics Observations:

1. Good. Long, long overdue, but good. Fox News should have fired O’Reilly after the first sexual harassment episode which was years ago; it is a firing offense in ethical organizations for most employees, and the fact that Fox allowed its most influential and most profitable star to skirt accountability and survive to harass again was a classic example of the rationalization known as The King’s Pass, or The Star Syndrome.

2. The fact that Fox News creator, leader, and boss Roger Ailes was also jettisoned after a sexual harassment scandal showed at the time that the organization had developed an unethical culture that was hostile to women….as Ethics Alarms pointed out last July. (“There seems to be a culture of sexual harassment at Fox, coming down from the rotting fish head in charge, Roger Ailes.”)  This was the other shoe dropping.

3. O’Reilly issued a carefully crafted statement composed with the assistance of a “crisis consultant”:

“Over the past 20 years at Fox News, I have been extremely proud to launch and lead one of the most successful news programs in history, which has consistently informed and entertained millions of Americans and significantly contributed to building Fox into the dominant news network in television,” O’Reilly said in a statement. “It is tremendously disheartening that we part ways due to completely unfounded claims. But that is the unfortunate reality many of us in the public eye must live with today. I will always look back on my time at Fox with great pride in the unprecedented success we achieved and with my deepest gratitude to all my dedicated viewers. I wish only the best for Fox News Channel.”

I would say the Bill is lying through his teeth with the “unfounded” part, but sexual harassers often don’t think they have done anything wrong. They think they were just being “nice,” or they think their advances were misunderstood, or they believe that the harassment accusations are a cover for something else. Ailes also denies that he did anything wrong. This is typical. It would have been a wonderful thing if O’Reilly could admit that his conduct was wrong and apologize to the victims while sincerely promising to change, but like most harassers, he couldn’t mount the character and the acknowledgement of hard reality to do it.

4. What is more damaging, perhaps, is that so many of O’Reilly’s fans and followers will believe his self-delusion because they also don’t “get” sexual harassment, and think the whole issue is manufactured feminist nonsense and political correctness. Boys will be boys! Everybody does it! 

5. If there is anyone who is informed and intelligent and still followed Bill O’Reilly without constant cognitive dissonance, they should be ashamed of themselves. If one was alert, Bill constantly revealed himself as a blowhard who was convinced he was smarter than he was, or perhaps more accurately, knew he was faking it and adopted a assertive, intimidating and self-righteous persona as cover for his own insecurities.  Continue reading →

O’Reilly, Fox News, And Sexual Harassment…AGAIN

/ Jack Marshall / 27 Comments

Bill O’Reilly’s five accusers…so far.

I saw an online article that called Bill O’Reilly the “Bill Cosby of Fox News.” That’s not entirely fair: O’Reilly is likely just a serial sexual harasser, whereas Cosby is a rapist. Then again, they are both named “Bill,” and there are other similarities. Both have paid hush money to accusers, both have had a series of accusations made against them by women, the watermark of the sexual harasser (though Bill Cosby, so far, is way ahead in that category), both angrily deny the charges against them, and both have indignant defenders.

Both also are probably sociopaths.

Is it possible that Cosby has been wrongly maligned? Let me think…NO. Of course not. Over 50 women (what is the current count now?) do not accuse the same innocent man of sexual assault. Is it possible that the other Bill is a victim, not a predator? My “no” here isn’t quite as emphatic, perhaps, but…no. The New York Times piece yesterday thoroughly covers the evidence, and the odds against  all this being meaningless boggles the mind: Continue reading →

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

/ Jack Marshall / 8 Comments

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 →

Unethical Tweet Of The Month: Novelist Ann Rice

/ Jack Marshall / 22 Comments
Can you see your hypocrisy when you look in the mirror, Ann?

Can you see your hypocrisy when you look in the mirror, Ann?

“The sex scandal at Fox matters; it’s at the heart of the GOP contempt for women as citizens and human beings.”

—-“Interview With The Vampire” author Ann Rice, on Twitter.

This is signature significance in so many ways. To write this in a public forum, one has to be completely corrupted by partyism, tunnel-vision, bias and the certainty that you are operating in an environment populated with millions of similarly disabled individuals. It also helps to be either dishonest or ignorant, or both.

Let’s try to count all the ways Rice’s tweet is unethical:

1. Sexual harassment scandals occur in all kinds of organizations, including otherwise virtuous non-profits and models of progressive thinking. The University of California at Berkley–the infamously right wing institution— has one going on right now. Yale has been covering up a sexual harassment scandal involving a world-famous ethicist.  These are just  examples of sexual harassment that make it to the headlines. I work in the field: believe me, there is no monopoly by Republicans or conservatives in this area. For Rice to insinuate otherwise is nothing more than disinformation born of her own biases.

In the alternative, she knows this is absurd, and is lying.

2. The statement embodies guilt by association at its worst. How about this: “The Brian Williams scandal at NBC matters; it’s at the heart of the Democratic Party’s contempt for the public as citizens and human beings” ? There’s no ethical difference: both statements are unfair and dishonest. I’ll wager that the percentage of Democrats who work for NBC is significantly greater than the proportion of Republicans who work at Fox. The political parties have nothing whatsoever to do with either situation.

3. Ailes’ engagement in harassing conduct is difficult to deny, especially after so many past employees have surfaced to bolster the accusations made in the recent lawsuit. Whether there is a wider problem beyond Ailes is completely unproven. Personally, I don’t doubt it: when leaders of organizations model such conduct, it typically corrupts the entire culture. However, it is far too soon to make the kind of leap Rice is making, which not only assumes company-wide harassment but somehow attributes it to another organization, the Republican Party.

4. Most of all, and to save the  best and funniest for last, has Rice never heard of Bill Clinton? Continue reading →

No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes

/ Jack Marshall / 9 Comments
"A feminist lawyer like Estrich taking on the same clients men do? That's outr...wait, what side am I on again?"

“A feminist lawyer like Estrich taking on the same clients men do? That’s outr…wait, what side am I on again?”

Fired Fox News creator Roger Aisle hired renowned feminist lawyer and teacher Susan Estrich to defend him against the sexual harassment law suit filed by former Fox Blonde Gretchen Carlson. Responding to shock and disappointment among some feminists and others that Estrich would “abandon her principles” to defend such a client, Slate’s feminism reporter Nora Caplan-Bricker authored a post titled “The One Good Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes.”

This is in the category of a supposedly enlightening post that actually makes readers less informed. There only needs to be one Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes, and it is a great reason. Susan Estrich is  a lawyer; lawyers defend people who are sued; lawyers do not have to agree with, support or approve of  a client’s alleged actions requiring such a defense; and there’s is no reason in legal ethics or any other ethical system that argues that a U.S. citizen shouldn’t have access to the best representation possible.

For her part, Estrich has said that she is taking the case because “The individual gets convicted long before he or she has had an opportunity to defend himself. And that’s not fair, whether it is happening to a woman or a man.” That’s the civil law equivalent of the late Johnnie Cochran defending his accepting O.J. as a client by saying, “In this country, everyone has the right to be treated as innocent until found guilty by a jury of his peers.”

Partial translation of both statements: “I’m a lawyer, and I don’t judge my clients. That’s not my job. My job is to help them use the law and legal system for their own purposes and protection, like any other citizen.”

I’ve written about this aspect of lawyers’ vital function in society, one that non-lawyers just cannot seem to grasp, so many times. Here’s a recent post; but maybe this one from 2015 is more on point. That one was about progressive legal icon and Harvard law prof Larry Tribe representing Peabody Energy, the world’s largest private-sector coal company, in a lawsuit that sought to invalidate some EPA regulations adverse to their horrible, evil, earth-destroying–but legal!–business. Tribe was called a traitor to the Cause of turning the U.S. into a wind and solar run nation, and I explained that the attacks on him, like all such attacks, were based on a stubborn lack of comprehension by non-lawyers, writing..

That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. The public and media just don’t get it, and appear to be immune from educating on the subject: what your lawyer personally believes about your cause doesn’t matter. His or her job isn’t to judge you or your purpose. It is to give you the chance to use your rights to due process and the courts to have the law work for you rather than against you, and to have your position, if legal, serious and offered sincerely, represented by the best legal talent available.  Whether or not Tribe personally believes or supports the position being taken by his client is irrelevant to his role, unless he is so unprofessional (as in emotional and unable to overcome his own biases) that he can’t represent a client whose objectives he opposes. Then he would be obligated to refuse the representation. Then he would also be a poor lawyer, and Lawrence Tribe is anything but.

Replace “Larry Tribe” in that paragraph with “Susan Estrich”, and save me some time.

Thanks! Continue reading →

Further Observations On The Gretchen Carlson Sexual Harassment Retaliation Lawsuit

/ Jack Marshall / 12 Comments

Fox News

1. I see that six more Fox News employees have come forward in the wake of fired Fox Blonde Gretchen Carlson’s lawsuit alleging sexually harrassing conduct from Fox News head Roger Ailes. New York Magazine’s Gabe Sherman published six accounts from women who say they were also harassed by Ailes, and two of them identified themselves by name.

This doesn’t prove Carlson’s case, but it is typical of harassers that they do not engage in such conduct just once, and typically not with only one employee. That ethics alarm doesn’t ring, and thus this is normal conduct for them that their power and control over employees’ lives allow them to engage in without consequences, until something breaks the dam. Familiar examples are Bill Clinton, Bill Cosby, Joe Biden, Herman Cain, and Senator Bob Packwood. The fact that no other women came out with public accusations that Clarence Thomas had harassed them was strong evidence that Anita Hill’s last-second accusations were a panned political hit.

2. The fact that so many conservative pundits and websites are defending Ailes is revealing regarding both their integrity and attitudes regarding women… and not in a good way. This is one reason the Democratic Party’s “war on women” smear is effective.  The whole sexist vibe of Fox News under Ailes is another reason: I keep expecting Fox to have its female anchors dressed in bikinis and sarongs.

It isn’t just Ailes; it’s Fox. Here are some Fox Sports anchors:

fox-blondes-feature

Don’t get me wrong now: I’m certain all of them got their jobs because of their sterling commentary and analysis, just like Gretchen did.

3. Deluded Ethics Dunce: Greta Van Susteren. Greta, who owes her career to Ailes, pronounced Carlson’s allegations unbelievable, saying, “I deal with Roger Ailes often. I’ve often been alone with Roger Ailes in his office over the course of 15 years and I’ve never seen anything like what I’m reading about in the papers and the magazine.” Ah. So the fact that Ailes didn’t hit on Greta once is evidence that he wouldn’t hit on Carlson. Keen analysis, there, Greta!

It’s  funny: Madeleine Albright and Carly Fiorina said the same thing. Continue reading →

Of Course Gretchen Carlson Was Sexually Harassed At Fox News….So Why Didn’t She Sue Before She Was Fired?

/ Jack Marshall / 11 Comments
Ex Fox Blonde Gretchen Carlson and Fox stud-muffin Roger Aisles

Ex-Fox Blonde Gretchen Carlson and Fox stud-muffin Roger Ailes

Gretchen Carlson is suing Fox News Chair Roger Ailes for retaliating against her for refusing his sexual advances. I don’t know whether her allegations, which are disturbing to say the least, are true. The most sensational of them is her claim that Ailes, when she came to him to complain about sexual harassment from her co-hosts on “Fox and Friends,” said, “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.”

Cowabunga.

Ailes denies her account, but then, he would whether it was true or not, for that statement is pure, unadulterated sexual harassment by all by itself.

Indeed, a sexual harassment lawsuit against Fox by Carlson once would be such a slam dunk that it is interesting that she never brought one. I stopped watching “Fox & Friends” in part because Carlson was harassed almost every day by co-hosts Seven Doocy and Brian Kilmead, and it made me angry, and to some extent angry at Carlson for putting up with it.

In 2009, Carlson  complained to a supervisor that Doocy “had created a hostile work environment by regularly treating her in a sexist and condescending way, including by putting his hand on her and pulling down her arm to shush her during a live telecast.”  Indeed he had. You can see examples of this repeated and juvenile conduct here and here. In her suit, Carlson says that her co-hosts had been “mocking [Gretchen] during commercial breaks, shunning her off air, refusing to engage with her on air, belittling her contributions to the show, and generally attempting to put her in her place by refusing to accept and treat her as an intelligent and insightful journalist rather than a blonde female prop.” To this, Ailes reportedly told Carlson that she was a “man hater” and “killer'”and said  that she needed to learn to “get along with the boys.”  Continue reading →

Ethics Hero: Fox

/ Jack Marshall / 7 Comments

Now if you want to see a mad prophet on TV, you'll have to watch "Network." Thank you Rupert, Roger, Fox!

The Fox network, in ending its relationship with Glenn Beck after the expiration of his current contract as it announced yesterday, placed principle over profit. In today’s culture particularly, that is always a welcome development, an ethical one, and deserving of praise.

I can comfortably assign Fox Ethics Hero status and discount the braying from partisan Beck-haters like Media Matters, the shamelessly one-sided “media watchdog” that has declared “war” on Fox because it dares to deliver news from a generally conservative perspective. Beck was not brought down by their attacks, or by the boycotts against him by various interest groups. His show was still one of the most watched current events programs on cable, and Fox was still making money on it. The demise of Glenn Beck’s Fox show was not an example of successful suppression of conservative opinion by the Left. Continue reading →