sexual harassment

#MeToo Ethics Fiasco In Colorado: The Vengeful Frankened Democrat

/ Jack Marshall / 13 Comments

That’s Steve on the left, Faith on the right…

Colorado legislators last week voted overwhelmingly to kick out State Representative Steve Lebsock, a Democrat, after five women had accused him of eleven total instances of sexual harassment. To say Lebsock did not go gentle into that good night is an understatement.

One of the accusers was a colleague and fellow Democrat, Rep. Faith Winter, who claimed that Lebsock “acted aggressively” toward her when she turned down his sexual advances during an end-of-session party in 2016. She claimed that he grabbed her elbow, causing her to feel threatened. Lebsock denies the allegations of all of the women, and claimed that he was being railroaded out of his seat to help his accuser, Winter, win a state Senate seat in November. So vigorous was Lebsock in his defiance that two other Democrats, Assistant House Majority Leader Rep. Alec Garnett and Rep. Matt Gray, announced in speeches that they had been wearing bulletproof vests in the chamber for weeks in response to his threats.

No, Steve Lebsock didn’t order a hit. He was more creative. To enact his revenge on his party for making him Colorado’s Al Franken, he formally switched his party registration from Democrat to Republican just minutes before the state House expelled him. As a result, Republicans, rather than Lebsock’s original party, get to fill the vacancy left by Lebsock’s expulsion.

Of course, nothing says that the Colorado GOP couldn’t treat this technical maneuver as the petty payback it is, and in the interests of comity and fairness, let Democrats choose who will fill Lebsock’s seat by allowing Democratic governor John Hickenlooper to appoint his replacement.  Nah!  Colorado Republican Party Chairman Jeff Hays said a vacancy committee would meet later this month to pick Lebsock’s replacement, saying,

“Statute clearly assigns our vacancy committee the authority and responsibility to fill this seat. After careful consideration, we concluded it would be dereliction of duty to punt the appointment to Gov. John Hickenlooper. We owe it to the people of House District 34 to give them the experience of ethical representation, which the Democrats, when they controlled the seat, signally failed to provide.”

The rationalization for this argument is that the Democrats had known about Lebsock’s harassing conduct all along, and covered it up before the #MeToo fervor struck. Of course, if the Democrats knew, it’s likely that his Republican colleagues knew as well. Continue reading →

Morning Ethics Warm-Up, 3/9/18: Update On A Jerk, Deceptive Recycling, A Movement Becomes A Club, And The Future Is Abused

/ Jack Marshall / 19 Comments

Good Morning!

1 Good! Billy Williams, that Derry, N.H. Used Apple Store owner who announced that Republicans weren’t welcome in his store, was evicted from his space. For weeks, a sign in the window has said that the store would re-open after renovations, which Williams’ former landlord says is not true. Williams rented the commercial space for $2,000 per month and owed $15,110 after neglecting to pay rent for seven months.

Williams, you will recall, said that he infallibly could recognize Republicans. His Facebook post announcing the GOP ban described members of the political party as “almost evil, and to be honest, usually evil.” [Pointer: Arthur in Maine]

2. Recycling Deceit: In Atlanta’s Hartsfield-Jackson International Airport, I was intrigued yesterday by the cylindrical re-cycling receptacles that had two deposit holes, a circular one on one side, into which we were told to put cans and bottles, and a long rectangular slot on the other side, for newspapers and other paper refuse.  I lifted off the top: sure enough, everything went into the same place, newspaper and cans alike. I don’t know what the term is for gratuitously demanding that the public do something pointless and trivial just to exert power, but this was it.

3. The problem with #MeToo. Commenting on yesterdays Comment of the Day, in which Carcarwhite wrote, while criticizing the #MeToo movement,

“I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly. And they say I am ENABLING THIS BEHAVIOR by not going forward”

Commenting, Still Spartan said in part, “What you described is NOT “Me Too.” Just because some people take it too far, does not mean that it is not legitimate. Please take it from someone who had to leave a job and have her career derailed for multiple years because of this crap. It happens, and it happens every damn day.” Continue reading →

Comment Of The Day: “NOW Monica Lewinsky Says She Was Abused And Sexually Harassed”

/ Jack Marshall / 15 Comments

[I’m in an Atlanta hotel, waiting for breakfast and needing to re-arrange my notes for a legal ethics and technology seminar later this morning. No time before the knock on the door to get the Warm-up going, but at least I can add one of the several Comments of the Day stuck on the runway, just like my plane was last night in D.C….]

Carcarwhite takes another step in our ongoing exploration of the confusing “it’s sexual harassment if the woman doesn’t like the unrequested sexual advance, it’s not if she does,but if she changes her mind over tbe next several decades or so she can rewrite history and maybe wreck a career or reputation” standard that has been on vivid display since the unveiling of The Harvey Weinstein Ethics Train Wreck.

Here is her Comment of the Day on the post, NOW Monica Lewinsky Says She Was Abused And Sexually Harassed:

I’m horrified at many of my gender who are crying for equal rights and then act like little whiny babies.

We want equality but we can’t pay 15 a month for our own birth control. We want equal this and equal that then we use (some of us) the flavor of the week to plead our victim case. Hurting our fellow citizens male and female because of this.

I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly.  And they say I am ENABLING THIS BEHAVIOR by not going forward! This is laughable. Continue reading →

Tales Of The King’s Pass: The Rainmakers

/ Jack Marshall / 21 Comments

Are you also an asshole? Because if you’re enough of a rainmaker, you can be as big an asshole as you want!!!!

Wow. You don’t get much more cynical than this.

Here’ s Karen Kaplowitz, the founder of The New Ellis Group, and a business development strategist and coach for over 20 years, essentially denying the existence of ethics and integrity in law firms as a business necessity.  In a piece on the ABA Journal titled Abuse of power within law firms: The rainmaker dilemma, she begins,

Despite their obvious economic value to their organizations, Bill O’Reilly, Matt Lauer and Harvey Weinstein were quickly sacked. Law firms by contrast have often tolerated bad actors who are major rainmakers. Can law firms tolerate abusive rainmakers in the current business climate? Do firms need to be more aggressive about confronting abuses of power?

Can they tolerate abusive rainmakers, in this or any other business climate? Sure they can. Should they? Absolutely not. “Do firms need to be more aggressive about confronting abuses of power?” What? Does this question have to be asked?

Kaplowitz goes on..
Continue reading →

Morning Ethics Round-Up, 3/5/2018: An Oscar Hangover, A Panamanian Mess, An Australian Play, And A 7-11 Moment

/ Jack Marshall / 60 Comments

Hello!

1 Let’s get the Oscars out of the way. I didn’t watch, choosing instead to finish streaming Netflix’s excellent “Seven Seconds.” I have skimmed the transcript and checked the reporting, however, and these items leap out..

  • On the “red carpet,” Ryan Seacrest was snubbed by the majority of the stars he tried to chat with them. Seacrest was accused of sexual harassment by his ex-personal hair stylist last year. His employer hired an independent counsel to investigate, and could not confirm her allegations, so he kept his job.Never mind: he was snubbed like a leprous skunk at a picnic anyway.

This is a flagrant Golden Rule fail. Not one of the over twenty stars who walked by him while he was trying to do his job would feel fairly treated if they had been in his position. It also is as perfect and example as there is of how the #MeToo movement is a witch hunt, not interested in facts, or fairness, just power and the ability to destroy without due process.

If I was going to watch the Oscars, the treatment of Seacrest in the pre-show would have changed my mind. These are awful people. To hell with them.

  • The disgusting and smug Jimmy Kimmel hosted, because he’s “America’s Conscience of America” despite seeking ratings by encouraging parents to be cruel to their own children for his amusement.

He began the night with a penis joke.

  • As I noted in yesterday’s Warm-Up, the Oscars are now part of the effort to divide the nation. Bigotry is good, as long as it’s trendy bigotry:

…Presenting the best director award, Emma Stone introduced the nominees as “these four men and Greta Gerwig.” Nice. Misandry is funny! (Gerwig lost. GOOD.)

…Maya Rudolph assured the presumably racist white viewers, “Don’t worry, there are so many more white people to come.” Bite me, Maya.

…And, of course, “Get Out!,” the racist film that I have already written about more than it deserves, won Best Screenplay, because representing all white people as monsters is award-worthy.

  • In the past I have devoted whole posts to the Academy’s snubs in its “In Memoriam” segment, which is supposedly Hollywood’s final salute to film artists who made their final exits. At this point, I really don’t care what the Academy does, but the loved ones and fans of the snubees care, and that should matter to the Academy. Here is the complete list of omissions that at least someone has complained about. I’ve highlighted the ones who really should have been included:

Bill Paxton
Stephen Furst
Powers Boothe
Juanita Quigley
Ty Hardin
Francine York
Miguel Ferrer
Skip Homeier
Anne Jeffreys
Lola Albright
Lorna Gray
Dina Merrill
Conrad Brooks
Robert Guillaume
John Hillerman
Jim Nabors
Rose Marie
Adam West
David Ogden Stiers
Dorothy Malone
Della Reese
Dick Enberg
Tobe Hooper

The names fall into five categories. Bill Paxton is in one of his own: he was left out of the list due to a silly technicality: he died right before last year’s Oscars, so it was too late to include him in 2017, and some jerk decided that since he was a 2017 death, he couldn’t be honored this year either.  The second category is flat-out mistakes: Dorothy Malone won a Best Actress Oscar; if that isn’t enough to be listed, what is? Director Tobe Hooper was responsible for a film that revolutionized horror movies, “The Texas Chain-Saw Massacre,” and also directed “Poltergeist.” He was an important director. When two of your films launched sequels, remakes, sequels to remakes, and endless knock-offs, Hollywood should show some respect: it made millions because of Tobe Hooper.

Category 3: John Hillerman and Powers Boothe were successful and prolific film actors in some major movies, though both are remembered best for their TV work. There is no good argument for omitting them.  In the fourth category are TV actors who made a few mostly  forgettable films: West, Jeffreys, Merrill, Ferrer and Hardin. I can see the argument: they will be honored at the Emmys.

Stephen Furst deserves a category all his own. He played a memorable character in a classic, iconic film: “Flounder” in “Animal House.” That should have been enough to earn a place in the roll call.

That’s it for the 2018 Academy Awards.

Let us never speak of it again. Continue reading →

Morning Ethics Warm-up, 3/4/18: Special Academy Awards I Won’t Be Watching Edition!

/ Jack Marshall / 48 Comments

Good morning!

1 One more institution falls to partisan poisoning. Tonight is the Academy Awards show, and outside of some suspense as to whether Warren Beatty and Faye Dunaway will botch the Best Picture reveal again (whoever had the idea to have them do an encore of their legendary fail is brilliant), I cannot imagine why anyone would waste their time and raise their blood pressure watching the show. I used to love the Oscars because I love movies. Except for periodic embarrassments where infamous jerks like Marlon Brando and Richard Gere defiantly injected politics into the party, it was fun, if usually too long. Now the show is just a platform for presumptuous performers to parade their ignorance and egos, virtue-signalling, grandstanding, lobbying and politicking. At this they are no better, and often worse, than plumbers, teachers and mail-carriers. What they are good at is looking good and making movies, and in most cases, not much else, including critical thought.

I watched a recent interview in which outspoken actress Jennifer Lawrence became visibly uncomfortable when she had to admit that she dropped out of middle school. It’s obvious that Lawrence is intelligent (she is also the most exciting and talented young actress to come along in a long, long time), but all of her noisy opinions are based on gut instincts. She is untrained and not very grounded in history, law or government: there is no reason for her opinions on politics or finance to be newsworthy. This is also true of her colleagues. Yet we have been informed that tonight will be “about” sexual abuse and gun control, so we will have to endure periodic outbursts all night long about “Time’s Up” and  “Never Again.”  There are side political controversies, like whether or not “woke” stars like Lawrence will snub E! red carpet host Ryan Seacrest because he has been accused of sexual misconduct by a former stylist. Never mind that Seacrest may be innocent, or that she decided to reinterpret what happened in order to join the #MeToo club. (“Oh come on!”)

We already know that the Oscar voting is now polluted by an unspoken demand that black actors and artists get their EEOC quota of honors. This year, we have the special treat of cheering for a nominated a movie that represented all white people as conspiring to make mind-controlled slaves out of blacks.

In the most bitter and divisive political climate in more than a century, institutions like Hollywood have a duty to unite us and emphasize what we have in common, which is a lot. The Oscars and the industry has abandoned that mission. Let them suffer the consequences.

2. The return of “Death Wish.”  Critics are already panning Bruce Willis’ “Death Wish” remake, which has  12 percent “Rotten” at RottenTomatoes.com.  Just from the trailer, it is pretty clear that this reboot has to be much better than the incredibly successful original and its progressively worse sequels. Here are some typical critic rants: Continue reading →

NOW Monica Lewinsky Says She Was Abused And Sexually Harassed

/ Jack Marshall / 25 Comments

 

I called it!

Remember in December when I had this exchange on NPR during a panel about sexual harassment and political figures in the early states of #MeToo?

ME : A hostile work environment means that the recipient of this has to feel hostility. They don’t like it. So, for example, if somebody – I have a hypothetical that I’m sure has happened, where someone is grabbed by Donald Trump back when he’s a celebrity, and she comes home. And she’s kissed, and she tells her roommate, “That was cool! Donald Trump kissed me.” And then when everybody she knows detests Donald Trump, she suddenly says …”I was harassed.”

BUTLER: COME ON!

HOST MICHEL MARTIN: OK. Yeah, I think we’re going to go to a different…All right. All right, Jack, you’ve had your say on that. And I think there are a lot of people who would want to argue with – I’m going to let Paul speak his piece on this. What do you say to that?

But the professor didn’t go beyond his interjected cheap shot, and went on to his own agenda, leaving the impression that my exposition on the strangeness of sexual harassment law was off-the-wall. It wasn’t, though. I was 100% correct, and NPR listeners, thanks to a grandstanding law professor whom I suspect wasn’t up on sexual harassment (he’s a criminal law professor who concentrates on race issues), were left less-informed than when they tuned in.

My point was and is valid: nothing stops an object of sexual attention in questionable propriety and taste from treating it as welcome at the time, then choosing, months, years or decades later, when there are non-ethical motivations to vilify or harm her one-time suitor, to withdraw her consent and “welcome,” and claim, retroactively, that she was harassed and abused.

This is exactly what Monica Lewinsky has done. Continue reading →

Comment Of The Day: “How Many Rationalizations Can You Spot In This Op-Ed?”

/ Jack Marshall / 11 Comments

In the post, How Many Rationalizations Can You Spot In This Op-Ed?, I challenged readers to read the depressingly meat-headed New York Times op-ed by a defender of Nashville mayor Megan Barry. and challenged them further to identify all of the rationalizations and fallacies it contained. Only one of you took on the challenge in its full, horrible scope, in part because not everyone pays to get past the Times paywall. Fortunately one who did take it on was the newly-minted Michael West, who dissected the essay as if it were a pithed frog.

Here is his Comment of the Day, freeing me from the obligation to post the answers to my question.

Having reviewed the Rationalizations List, here’s my go:

Paragraph 2:
“Along with this confession, the mayor offered the kind of full-throated apology we almost never get from public officials: “I accept full responsibility for the pain I have caused my family and his,” she said. “I knew my actions could cause damage to my office and the ones I loved, but I did it anyway.””

But she doesn’t accept full responsibility. If she did, and clearly her affair led to extreme financial irregularities which amount to defrauding the public, then accepting responsibility probably requires resignation.

Paragraph 3:
“She ended her statement with a pledge: “God will forgive me, but the people of Nashville don’t have to. In the weeks and months to come, I will work hard to earn your forgiveness and earn back your trust.””

I don’t think “God will forgive me” is a rationalization. It may be an actual deeply held belief, but the State of Tennessee is a bit more hard-nosed. At best this is just poll-tested platitude, but at worst, it is meant to convince some people to forgive her also (which makes it a diversion, not a rationalization). Working to earn their forgiveness and trust is an appeal to 21A Ethics Accounting: Criminal’s Redemption. She thinks future “good works” can atone for past sins. They cannot. What atones for past sins is having that sin and its effects blotted out, which in the case of defrauding the public, the only atoning that works is resignation.

Paragraph 4:
“This promise did not seem like an act of damage control. This is the way Megan Barry really talks. The language of full emotional availability is her native tongue.”

Appeal for sympathy, which is the opener for the next string of rationalizations.

Paragraph 5:
“Perhaps that’s why this city loves her. She hugs schoolchildren. She looks genuinely joyful at city parades and festivals. She grieves that too many Nashville teenagers are slain by guns. When Max Barry, her own son and only child, died suddenly last summer, the people of Nashville wept with her. When she spoke openly about the drug addiction that killed him, we marveled at her courage and admired her resolve to bring addiction out of the shadows of shame.”

This is Ethics Accounting again. She’s a really great person…so it’s implied we should overlook this one thing.

Paragraph 6:
“But in a red state like Tennessee, this liberal mayor also has powerful opponents, and they are not idiots. An editorial in the conservative Tennessee Star wasted no time in calling for her resignation: “Barry and the fawning, liberal Nashville media are trying the Clinton defense.””

This is a diversion away from the miscreant by accusing the accusers of bad faith motives. #48 Haters gonna hate. Her critics are ONLY demanding accountability because they want a political advantage or want to win a tactical maneuver. Continue reading →

How Many Rationalizations Can You Spot In This Op-Ed? [UPDATED!]

/ Jack Marshall / 27 Comments

 

At the beginning of the month we discussed the scandal in Nashville, Tennessee, where the female mayor, —the news media tried oh so hard to bury her party affiliation deep in reports, but she’s a Democrat— was carrying on an adulterous affair with the head of her security detail.  Some quotes from the Ethics Alarms essay to refresh your memory for the horrors to come:

—She apologized “for the harm I’ve done to the people I love and the people who counted on me” but said she won’t be resigning. In a news conference, she said nothing illegal happened and no policies were violated.

—“I know that God will forgive me, but that Nashville doesn’t have to,” Barry said. “And I hope that I can earn their trust and I can earn your trust back, and that you will forgive me

—-This is classic appearance of impropriety.

—-In the Bill Clinton mold, the mayor is framing this as a matter of marital fealty rather than official misconduct—which it is—so she can argue that it’s just “personal private conduct.”

—-The conduct is unethical whether there are policies or not.

—-This is sexual harassment. The officer was a subordinate, and she was his boss, with the power to fire him or worse. There can be no genuine consent in such situations. In these cases with the typical genders reversed, neither the news media, nor the public, nor, in all likelihood, a hypothetical jury, would see it that way.

—-Barry’s playing the God Card is grounds to remove her all by itself.

—-Come on, #MeToo, show some integrity. Get this workplace predator kicked out of office.

Interestingly, a prominent and respected female, feminist Democrat who comments here with distinction argued in the comments to that post that this wasn’t even a newsworthy story outside of Nashville. Also interestingly, the New York Times disagrees, and even published a spirited—but stupid!—defense of Barry’s conduct, arguing that unlike, say, Al Franken, who was forced to resign for pre-political career conduct and unproven post-political career allegations, the fact that a Democratic mayor—FEMALE! Don’t forget that she is female!–was using state-paid employees under her supervision as a personal, state-funded dating pool does not mean she’s untrustworthy or qualified for high office.

Okey-dokey then! What we have here is an old-fashioned convenient double standard!

And this just in! Nashville’s main newspaper, the Tenneseean, reports that Rob Forrest, the Mayor’s married lover, earned substantially more overtime than the other bodyguards on Barry’s secuirty detail, $173,843.13  between July 2015 and January 2017, which was nearly $53,000 more than the other four bodyguards received combined. But, as several internet wags have noted, let’s be fair: Rob was doing more for the mayor than those other bodyguards..

Now let’s all read the op-ed*, by Margaret Renkl , whom the Times proudly describes as ” a contributing opinion writer.” This time around, I won’t get into such matters as the odd silence of the #MeToo warriors, who have set out to destroy successful men who were accused of being boorish on a single date. I won’t even question the competence of the Times editors, allowing such unethical, illogical, poorly reasoned hypocrisy to make its way into its pages to make Times readers more ethically inept than they already are. No, I just want to focus on Renkle and her claim that Barry shouldn’t have to resign, and the unethical rationalizations for wrongful conduct she gainfully employs along the way.

Here is the complete current list (some new rationalizations will be added soon, but this is plenty). These are just the titles; go here to get the full descriptions. Continue reading →

Afternoon Ethics Warm-Up, 2/10/18: A Train Wreck Update And A Post On “Democratic Norms”

/ Jack Marshall / 29 Comments

Good Afternoon…

Why is the warm-up so tardy today? You don’t want to know...

1 The Harvey Weinstein Ethics Train Wreck takes an unexpected turn, which is hard to do for a train...Feminist Katie Roiphe is being widely attacked by the #MeToo mob for her  Harper’s essay ,“The Other Whisper Network: How Twitter Feminism Is Bad for Women.” Her thesis: with women reveling in a new-found power to destroy men’s reputations and careers with mere accusations of sexual misconduct in the workplace or on a date, women’s advances in society are likely to be reversed based on basic suspicion and fear.  The mere news that she was preparing the piece was enough for Roiphe to be called, on social media, Roiphe reported, 

“pro-rape,” “human scum,” a “harridan,” a “monster out of Stephen King’s ‘IT,’?” a “ghoul,” a “bitch,” and a “garbage person”—all because of a rumor that I was planning to name the creator of the so-called Shitty Media Men list. The Twitter feminist Jessica Valenti called this prospect “profoundly shitty” and “incredibly dangerous” without having read a single word of my piece. Other tweets were more direct: “man if katie roiphe actually publishes that article she can consider her career over.” “Katie Roiphe can suck my dick.” With this level of thought policing, who in their right mind would try to say anything even mildly provocative or original?”

The threat of criticism of the online “shitty media men” spreadsheet that gathered anonymous allegations of sexual misbehavior for the purpose of destroying the careers of those on it prompted the  unethical website’s creator, Moira Donegan, to out herself, which she did proudly and to remarkably little criticism from women, who feel pressure to remain silent from peers, Roiphe says. Asks Kyle Smith in the National Review,  “Is a movement that effectively silences even mild dissent by mostly like-minded people something to be proud of?”

One feminist who has been critical of the #MeToo witch hunt tendencies from the start is “Advice Goddess” Amy Alkon, who writes, “Women of past generations worked so hard to be treated as men’s equals. Now every woman has to be looked at like a walking lit fuse.” Of course this is happening: I predicted it too. As Smith writes at another article in the NY Post, many men are no longer willing to be alone with female colleagues: Continue reading →