sexual harassment

Morning Ethics Warm-Up, 12/8/17: Special “BOY, There’s A Lot Of Ignorance, Dishonesty And Idiocy Surrounding Sexual Harassment!” Edition [UPDATED]

/ Jack Marshall / 42 Comments

GOOD Morning!

1 Ethics Dunces: Anyone who can’t understand why Rep. Trent Franks should resign. I have been reading some conservative commentators who say that the Republican Congressman wasn’t sexually harassing anyone, just guilty of inappropriate conversation….you know, like asking female staff members if he and his wife could rent their uteruses. That is per se sexual harassment. I am stunned: after all of the foofaraw and finger-pointing, witch-hunting and grandstanding, people still don’t know that words alone—“Hey, do you wanna fuck?” and “Oo Oo baby, you are one hot mama this morning! The way that skirt hugs those curves..wow. I’m having a hard time restraining myself!”…oh, and don’t forget, “I’ve been thinking about your uterus lately: can I use it for nine months?” can make someone feel uncomfortable in the workplace, and thus can constitute sexual harassment. Whether a single comment is enough to qualify as “pervasive” is always an issue, but Franks, who apparently had his ethics alarms installed by the Three Stooges, made the request to two staffers, so he effectively poisoned his work environment for every woman in it. Claiming, as one left-leaning site did, that Franks was using his high office to re-enact “The Handmaid’s Tale” goes a bit too far (it’s funny, though), but no one as clueless as Franks should be part of the government.

UPDATE: Franks was offering $5 million for use of the uterus. Whether he was proposing actual intercourse is unclear.

2. “Very interesting theory, but you overlook one very important point! Is stupid. Is most stupid theory I ever heard!” –Sidney Wang (Peter Sellers) in “Murder by Death.” by Neil Simon That theory, which I have now heard others raise, and that I sniffed out a few days ago, is  the Democrat/progressive fantasy that if they make every member of Congress who has been accused of sexual misconduct resign, they have a new and powerful means to try to force President Trump out of office.

They need a new and powerful theory, because the Emoluments Claus (Santa’s inscrutable younger brother) is a non-starter, the 25th Amendment doesn’t apply, the Russian investigation is not finding any high crimes and misdemeanors (just sleazy Trump team members), the “obstruction of justice” theory is risible, and a desperate and thin impeachment resolution put forth by the Congressional Black Caucus just lost 368-58. This one is that if they establish that allegations of past sexual misconduct without due process, admission of guilt or evidence mandates high elected officials resigning (as Bill Clinton did not, but he’s going to be retroactively forced to resign in an alternate universe, or something, thus cleansing Democrats, feminists and the complicit news media of their cynical hypocrisy and altering the present by changing the past, like in “The Terminator” or “Back to the Future”), President Trump will be forced to resign because of the Access Hollywood tape and  his alleged accusers.

Not that this is more ridiculous than many of the other ways the Democrats and “the resistance” have plotted to overturn the election results they promised to respect when they assumed they would win, but it’s still indefensible. Voters decided, wrongly or not, that they didn’t care about this, all of which they knew about before they elected Trump. None of the alleged misconduct occurred while the President was in office (unlike in the cases of Clinton, Franken, Conyers, Packwood and Franks) nor are they only recently disclosed allegations of pre-election misconduct that were not known to voters before the official in question was elected (as in the cases of Franken and Clinton). None of the elected officials who have resigned are analogous to the President. Continue reading →

Franken’s Resignation Speech: The Lost Opportunity

/ Jack Marshall / 26 Comments

Senator Al Franken took to the Senate floor to announce that he would be resigning his seat.  It was Harry Truman who said,

“Fame is a vapor, popularity is an accident, riches take wings, those who cheer today may curse tomorrow and only one thing endures – character.” 

What did we learn about Franken’s character today?

Part of me feels that we shouldn’t be too hard on Franken. He is a human being, and this entire scenario for him must be humiliating, frustrating, and infuriating. Yet he is also a U.S. Senator, and knew that he had, perhaps for the only time in his life and professional career, an opportunity to talk when everyone would be listening, or at least interested in what he had to say. Under these circumstances, and in his high elected position, Senator Franken had a unique opportunity to accomplish great things. He had the bully pulpit, essentially, with nothing to lose except the opportunity before him. Nathan Hale had that opportunity minutes before he died, and found the character to make a statement that has rung out in the minds of patriots ever since. Even Richard Nixon, who had blown such an opportunity 12 years earlier when he thought his political career was over, made the best ethics statement of his life when all eyes were on him as he prepared to leave the White House forever. He said in part,

“Remember, always give your best. Never get discouraged. Never be petty. Always remember, others may hate you. But those who hate you don’t win unless you hate them. And then you destroy yourself.”
Al Franken couldn’t muster the character to say something memorable, inspiring, beneficial or important. He couldn’t even bring himself to apologize: there was no apology anywhere to be found. Given the opportunity to be a statesman, an ethics leader, a role model, Al could only show us the real Al, a petty, small, angry little man. Good to know, I guess, though we already knew it.The Washington Post mercilessly handed the job of annotating the Senator’s speech to Amber Phillips, who could reliably be expected to give no quarter, and she didn’t. She was fair, however, and Al deserved what she gave him.

Franken began by virtue-signalling, saying that he had been excited that

“We were finally beginning to listen to women about the ways in which men’s actions affect them. The moment was long overdue. I was excited for that conversation and hopeful that it would result in real change that made life better for women all across the country and in every part of our society.”

Then the first accusation came his way, and Franken, despite his supposedly sincere statement at the time, didn’t say he was “embarrassed,” or “sorry,” or that there “was no excuse,” that he was “disgusted with himself,”  or that his conduct was “completely inappropriate.” He says he was upset. Says Phillips in her notes,

“Upset” is a pretty strong word to use on the Senate floor, suggesting he was really angry that these women would accuse him of sexual misconduct.”

Franken’s whole demeanor today was angry.  Next he went off the ethics rails:

“But in responding to their claims I also wanted to be respectful of that broader conversation, because all women deserve to be heard and their experiences taken seriously. I think that was the right thing to do. I also think it gave some people the false impression that I was admitting to doing things that in fact I haven’t done.”

We have talked about this before. Franken had smugly joined his progressive colleagues in promoting the unethical, dangerous, irrational concept that any woman who accuses a man of sexual assault must be believed, even without evidence. It was this anti-American radical feminist claptrap that had led the Obama administration to issue the vile “Dear Colleague” letter extorting colleges and universities into putting young men accused of sexual assault before biased and unqualified Star Chambers, to be labelled rapists without due process or representation. This was also the most hypocritical stance imaginable for the party that had rescued a President from impeachment by airily arguing that “everyone lies about sex.”

So his convoluted argument was that he chose to bolster the dangerous party cant by pretending that the accusations against him had merit–that is, not challenging whether they were true—when in fact he doesn’t believe they were true. Yes, this is what his second apology sounded like he was doing, and it was obvious: I rated it cynical doubletalk.

And today, Al literally said that cynical doubletalk was “the right thing to do.” In reality, you see, all those women that good progressives should believe were in fact shouldn’t be believed. Got it.

Bye, Al.

Then he said, “Some of the allegations against me are simply not true. Others, I remember very differently.” Phillips pounced:

Continue reading →

Morning Ethics Warm-Up, 12/7/17: Al Franken’s Day That Will Live In Infamy [UPDATED]

/ Jack Marshall / 49 Comments

Battleship USS West Virginia sunk and burning at Pearl Harbor on Dec. 7, 1941. In background is the battleship USS Tennessee.

Good Morning, Bad Memories…

1 The duty to remember…The most amazing thing about Pearl Harbor was perhaps how lucky the United States was that the sneak attack by Japan, as devastating as it was, didn’t permanently cripple our ability to defend ourselves. Two links lead to explanations why. Here is a letter written by Admiral Nimitz, then in his eightieth year. to Admiral David L. McDonald, the present Chief of Naval Operations. The National Review provides the tale of how a forgotten Georgia Congressman, Democrat Carl Vinson saved the country and probably the world.  An excerpt:

For nearly a decade before Pearl Harbor, Vinson had schemed and politicked in brilliant fashion to ensure that America was building a two-ocean navy larger than all the major navies of the world combined. Vinson had assumed in the mid-1930s that fascist Japan and Germany posed existential threats to the United States. For America to survive, he saw that America would need mastery of the seas to transport its armies across the Pacific and Atlantic.

This is Thank You Carl Day. Read it all.

2. ‘I wasn’t good enough, I wasn’t smart enough, and doggone it, nobody likes me!’ This appears to be the end for Senator Al Franken. If it’s not, the end is near and inevitable. His seventh new accuser was the tipping point, for some reason, though her story Franken denies—especially the part where the anonymous woman claims that after she ducked his attempt at a spontaneous kiss in 2006, he  protested, “It’s my right as an entertainer! ” The soon-to-be-former Senator told Politico,

“This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation.”

That “It’s my right” comment sounds to me like a desperate attempt to save face by making a joke out of an awkward situation, not a serious claim. If I’m right, then Franken’s statement is deceit: he’s saying that he would never claim such a right, but he isn’t saying that those words never came out of his mouth. Al’s slippery, mealy-mouthed, not-quite apologies are a large part of why he’s in this mess, as I wrote here. 

Still, no one should be presumed guilty or face negative consequences for a public accusation by an accuser who refuses to go on the record. This is basic fairness and due process. Never mind: the Democratic women in the U.S. Senate are less interested in due process and fairness than grandstanding and standing for the proposition that women must be believed in cases of sexual assault, unless they were assaulted by Bill Clinton. I think that’s the rule, right?

They led a coordinated attack on Franken yesterday by 16 U.S. Senators, including Sen. Kirsten Gillibrand of New York—you know, the one who championed “Mattress Girl”?–who  wrote in a 650-word statement,”While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve.”

That’s right, Senator, it’s better to send the message that due process is just a sham to make doing what you want to do look fair.

For example, how do you like this (from Politico):

Two former colleagues of the woman independently corroborated her version of events, including Franken telling her he had the right to try to kiss her because he was “an entertainer.” The first former colleague interviewed by POLITICO said she was told of the incident in 2006, shortly after it happened. The second former co-worker said she was made aware of the encounter sometime in 2009 or 2010.

What? Those women didn’t corroborate the the accuser’s “version of events”! How can any journalist write such junk? How could an editor let it pass? All they can do is corroborate that the woman said this happened, not that her account is accurate or true.

But again, never mind. This is The Terror. Al’s a man, Democrats have been caught in the web of hypocrisy they started spinning when Clinton was President, and his metaphorical blood must cleanse them. Continue reading →

Questions And Observations On A Fascinating Sexual Harassment Episode I Can’t Even Think Of The Right Word To Describe…

/ Jack Marshall / 55 Comments

 

From the Washington Post today:

While debating a land-use bill at a committee meeting on Tuesday night, Pennsylvania state Rep. Matt Bradford laid his hand — for just a moment — on the left forearm of the colleague sitting next to him.

That colleague was conservative Rep. Daryl Metcalfe, who interrupted Bradford mid-sentence with a personal bit of information.

“Look, I’m a heterosexual. I have a wife, I love my wife, I don’t like men — as you might. But stop touching me all the time,” Metcalfe told Bradford, who then began laughing.

Several other members of the committee, which Metcalfe chairs, giggled and smirked.

“Keep your hands to yourself,” said Metcalfe, a Republican from Butler County. “If you want to touch somebody, you have people on your side of the aisle who might like it.

“I don’t.”

Questions and Observations:

  • I love this story!

I wish I had made it up as an ethics hypothetical!

  • What difference does it make that Metcalfe is a conservative?

Would a liberal legislator who felt uncomfortable by an unwelcome touch have his complaint reported in the same way? Continue reading →

Morning Ethics Warm-Up, 12/6/17: An Ambush By John Oliver, An Insult From John Conyers

/ Jack Marshall / 21 Comments

1 It’s a tradition, but  still an embarrassment to democracy...Why isn’t this res ipsa loquitur, as in “so indisputable it ought to be embarrassing”?  Rep. John Conyers, whose proclivity to engage in sexual harassment in full confidence that neither left-leaning reporters in the know (like Cokie Roberts ) nor his party’s leaders nor the victims themselves, would blow a whistle on a “civil rights icon” like him, is finally announcing a forced retirement. But he is attempting to anoint his oldest son, John Conyers III, as his successor. III has no special qualifications for elected office. He is a hedge fund manager and a business consultant whose  famous father is part of his appeal to clients. The original John Conyers was used  as a stepping stone to power by another unqualified family member using his name, III’s’ mother, former Detroit City Councilwoman Monica Conyers, was sentenced to 37 months in prison for bribery. She was released in 2013.

In a profanity and vulgarity-laced video III posted last year, he said in part,

“Third and fourth generations of Conyers running for office. It’s really crazy. My grandfather did an incredible job, man. Fuck. A lot of people stand on the sidelines of their own lives. It’s like you just watch that shit go by like, no, I don’t think I’m going to get in the game – that shit is short, man. Whatever you do, make sure you vote….Voting feels so good, like even if your person doesn’t win, like, it feels good. The craziest part about it all is that my dad really walked with Martin Luther King and got arrested for this shit, like, damn this shit is deep fam. I casted my vote and I was hype as shit, like, I voted, like, this is awesome and I am really thankful for people that died for that for me. Any race, whatever, it’s important to vote but I mean, like, especially African-Americans man, go vote because people really died for this shit. If you don’t know shit about a candidate, man, and you just want to vote like you can write your own name in there, but like the action of going to vote is so important.”

Or just vote for someone with a last name you recognize! He sounds like a winner to me! One hurdle: Democratic Michigan State Sen. Ian Conyers, the congressman’s great-nephew, announced his intention to run for the open seat.

This is a long, long blight on American democracy that makes me wonder if we’re really up to it. The number of voters in both parties who are so shallow, lazy, and foolish as to assume that merely being related to a famous or popular leader is sufficient reason to elect him or her is disgraceful, but it has always been thus. Among those who never would have made it into a high office without this factor are Mary Bono, Jesse Jacskon, Jr. (currently in prison), Lindy Boggs, Lurleen Wallace, Margaret Chase Smith, Robert Taft, George W. Bush,  Bobby Kennedy, Ted Kennedy, Robert Kennedy Jr,  Joseph Kennedy III,  Joe Kennedy II, Kathleen Kennedy Townsend—anyone named Kennedy, really—current Rep. Doris Matsui (D-Cal.), Al Gore, and Hillary Clinton. There are many, many more.

A last name is not a qualification for office. Why should that even have to be pointed out in a nation founded upon the rejection of royalty?

2. Unethical virtue-signalling via ambush. I admire John Oliver’s intellect, verbal dexterity and talent, but as with Stephen Colbert, David Letterman and others, he is so clearly a mean-spirited jerk that I find it difficult to watch him. Signature significance arrived for Oliver this week when he ambushed actor Dustin Hoffman  during a panel discussion commemorating the anniversary of the film Wag the Dog.

The topic of the evening was fake news and government manipulation of it, as the Clinton era film about a phony war being launched by a President to distract from a scandal is a fascinating one to ponder through the rear view mirror. Hoffman, one of the stars of the film, recently became one of the few dubious victims of a #MeToo-er, as he was accused of groping and sexually harassing a 17-year old woman on the set of another film in 1985. Unlike most of the celebrities and power-brokers run over by the Harvey Weinstein Ethics Train Wreck, Hoffman has not had other accusers surface. He denies the woman’s characterization of what happened, and so have others, like the director of the movie in question, the filmed version of Hoffman’s Broadway turn as Willie Loman in “Death of  Salesman.”

I have read fans of Oliver saying that Hoffman should have assumed that Oliver would grill him on the allegations, to which I say, “Only if Hoffman realized what a knee-jerk progressive creep Oliver is.” I think the actor assumed that Oliver was an honorable professional, and as a moderator wouldn’t hijack the discussion to embarrass Hoffman and burnish his feminist creds.

To Hoffman’s credit, he stood up to the abuse of position by Oliver and defended himself. At one point, there was this exchange:

HOFFMAN: “Do you believe this stuff you read?

OLIVER: Yes. Because there’s no point in (the accuser) lying.”

HOFFMAN: Well, there’s a point in her not bringing it up for 40 years.

OLIVER: Oh Dustin…

I would have said,

“Don’t “Oh, Dustin” me, you arrogant, posturing ass. The fact that a complaint isn’t made for that much time automatically makes it dubious. It places the accused in an impossible position; evidence has evaporated, and memories have faded. There are many reasons to lie. To get publicity, To get revenge for some real or imagined slight. To bring down someone famous or powerful. To join a mob—and regardless of the fact that the post-Weinstein focus on legitimate sexual misconduct in the workplace has created needed awareness and exposed long-time abusers, it is a mob, with all of the capacity a mob has to harm the innocent in its self-righteousness. You are playing to the mob right now, and willing to unjustly smear me to do it. You’re a disgrace.”

John Ziegler quoted a Hollywood writer who knows Hoffman and is convinced he is innocent, who said,

“Someone should tell John Oliver he’s the true heir to Joe McCarthy!Sex abuse baiting has replaced red-baiting. The ‘Sexual Blacklist’ reigns supreme. Guilty until ruined!”

Let me also remind readers that my hypothetical illustrating how a woman might retroactively decide that what she did not regard as sexual harassment years ago was harassment now was mocked by both the moderator and a Georgetown law professor during the NPR panel I participated in last week.

I am right, they are biased.

The more I think about that exchange, the more ticked off I get….

 

The Nauseating Hypocrisy Of Gloria Steinem

/ Jack Marshall / 18 Comments

Gloria Steinem + Bill Clinton+ Monica Lewinsky=Sauce Bearnaise, at least to me.

When I read that Gloria Steinem had boarded the Harvey Weinstein Ethics Train Wreck —which she had helped start rolling when she tossed her alleged principles into the crapper to make excuses for Bill Clinton ; my favorite was when she shuffled off her previous position on inequalities of power making genuine consent impossible to say that every boss has a right to hit on a female subordinate once—I really didn’t want to revisit the topic. Her defense of Clinton during the Lewinsky scandal almost literally made me ill, and you know how Sauce Bearnaise syndrome works. (Don’t you?)

The aging feminist icon told The Guardian that she would not write the infamous May 22, 1998 New York Times column today, but that she does not regret writing the column then, because “What you write in one decade you don’t necessarily write in the next. But I’m glad I wrote it in that decade.” Translation: Outrageous hypocrisy you can get away with in one decade won’t always fly later.

Especially when it enabled two decades of sexual harassers, abusers and rapists with power who brutalized countless women, right, Gloria?

But Gloria’s credentials as an ethics corrupter needs to be renewed, and I am grateful to Jonathan Turley for taking the time when my queasy stomach couldn’t handle it. I couldn’t say it any better than the professor, who wrote in a blog post today (read the whole thing, here): Continue reading →

Morning Ethics Warm-Up, 12/4/17: Jailed For Profanity, Busted For Homophobia, Condemned For A Settlement

/ Jack Marshall / 10 Comments

Good morning…

1  This is weird…The Wisconsin Supreme Court has upheld a mother’s conviction for swearing at her son. Ginger Breitzman had been found guilty of child abuse, including one count was for profanely berating and insulting her 14-year-old son after he burned some popcorn. The boy had been talking to a friend at the time, who heard the tirade over the phone and reported it. The mother was sentenced to six months in jail. Apparently the First Amendment was  never raised as a defense, and an issue is whether it should have been and had to be.

I don’t see how a parent or anyone can be convicted of a crime based on the content of her speech, especially private speech, but it is a gray area in ten context of child abuse. In sexual harassment,  the content of one’s speech can create a hostile work environment, but the civil violation is for the act of creating the hostility, not the speech itself. In many cases, that’s a distinction without a difference, though. A supervisor using the term “cunt” in the workplace is probably harassment, no matter how or to whom he uses it.

Check the link and the mother’s mug shot. I wouldn’t want to have her mad at me…

2. Joy Reid being hateful? I’m shocked—shocked! MSNBC’s serial race-baiting, hate-spewing host Joy Reid found herself huminahumina-ing after someone tracked down her old blog and found multiple examples of gay-bashing on it.  Notably, she mocked GOP Florida Governor Charlie Criss, a married man who has been rumored to be a closeted gay, as “Miss Charlie.” What do you think of her apology?

This note is my apology to all who are disappointed by the content of blogs I wrote a decade ago, for which my choice of words and tone have legitimately been criticized.As a writer, I pride myself on a facility with language — an economy of words or at least some wisdom in the selection. However, that clearly has not always been the case.In 2007 I was a morning talk radio host and blogger, writing about Florida politics (a blog I maintained until 2011.) Among the frequent subjects of my posts was then-governor Charlie Crist, at the time a conservative Republican, whose positions on issues like gay marriage and adoption by same-sex couples in Florida shared headlines with widely rumored reports that he was hiding his sexual orientation. Those reports were the subject of lots of scrutiny: by LGBTQ bloggers, writers and journalists, conservative blogs, a controversial documentary film called “Outrage,” and even by the comedic writers at South Park. But it was my own attempt at challenging Crist on my blog that has now raised the issue of not just my choice of words, but what was and is in my heart.

Let me be clear: at no time have I intentionally sought to demean or harm the LGBT community, which includes people whom I deeply love. My goal, in my ham-handed way, was to call out potential hypocrisy. Nonetheless, as someone who is not a member of the LGBT community, I regret the way I addressed the complex issue of the closet and speculation on a person’s sexual orientation with a mocking tone and sarcasm. It was insensitive, tone-deaf and dumb. There is no excusing it – not based on the taste-skewing mores of talk radio or the then-blogosphere, and not based on my intentions.

In addition to friends and coworkers and viewers, I deeply apologize to Congressman Crist, who was the target of my thoughtlessness. My critique of anti-LGBT positions he once held but has since abandoned was legitimate in my view. My means of critiquing were not. In the years since I went from blogger to opinion journalist, I have also learned, through brilliant friends and allies in the LGBT activist community, how to better frame my critiques of those who challenge people’s right to love who they want, marry them, and walk in the world as fully free people.

Re-reading those old blog posts, I am disappointed in myself. I apologize to those who also are disappointed in me. Life can be humbling. It often is. But I hope that you know where my heart is, and that I will always strive to use my words for good. I know better and I will do better.

It’s not terrible. I’ll give her a #6 on the Apology Scale: ” A forced or compelled [apology], when the individual (or organization) apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.” I doubt that it’s sincere, because of lots of clues in the text. She says she deeply apologizes to Christ, then says her criticism was legitimate. She was presuming hypocrisy on the basis of rumors: how is that legitimate? She sucks up to the LGBT community; she says that at “no time have I intentionally sought to demean or harm the LGBT community,” when her rhetoric obviously was intended to demean Crist based on his presumed homosexuality; she sneaks in an “everybody was doing it” excuse. Continue reading →

Morning Ethics Warm-Up, 12/2/17: Hackers, My NPR Panel, An Unethical Journalist Actually Faces Consequences, And God Bless Us, Everyone!

/ Jack Marshall / 12 Comments

 

GOOD MORNING!!!

1  Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.

I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.

“Hacker” means asshole, kid.

And I was rooting for the raptor.

2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.

Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.

3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced  the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn.  ABC News  announced last night that  Ross would be suspended for four weeks without pay. Said the Disney-owned network:

“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”

Observations:

  • Good.

It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.

  • Raise your hand if you think that this action only occurred because the Dow Jones crashed.

My hand is up.

  • “Retain the trust we have built with our audience…” What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.

4. A pause for levity since I am so upset…Here is the Celebrity Perv Apology Generator.  This “guide for new celebrities” is also mordantly amusing, on the same topic. Continue reading →

The Rep. Kihuen Matter And The Trouble With Witch Hunts

/ Jack Marshall / 7 Comments

Accused Congressman with unidentified woman…

After last week’s appearance on an NPR panel on sexual harassment, hosted by Michel Martin, I posted some important aspects of the topic that I felt needed to be covered, but were not because of time constraints. I wrote in part…

[T]hese accusations can be weaponized, just like rape accusations on campus. Sexual harassment law can be used as a sword as well as a shield, and if provided the chance, I can explain how and give real life examples. One is Anita Hill…

The fact that sexual harassment has to be unwelcome sexual attention in the workplace is not generally understood. It also is unique: what other acts are deemed unlawful, regardless of intent, based on how the object of those acts chooses to react? This feature is why sexual harassment law is viewed by many women and men as inherently unfair. It literally means—I have a skit I use in training that illustrates this—that if actors George Clooney and Steve Buscemi behave exactly the same toward an object of their affections in a workplace setting, and the woman involved finds George attractive and Steve not so much, Steve has engaged in sexual harassment, but George hasn’t.

“When ethics fail the law steps in,” and this is a case where the law is a terrible substitute for ethics. Men like George, and, yes, Trump and even Harvey, are convinced that their touches, hugs, gropes and kisses won’t be unwelcome, and so they don’t think of themselves as harassers. For poor Steve, Al, Louis and other homely non-billionaires, it’s worth a shot, in their mind.

Meanwhile, what is “welcome”? … Is the conduct by a man with a grope or a kiss sexual harassment whenever the woman decides she would have rather it hadn’t happened? That is the issue raised by these late allegations. Let’s say a woman was [ spontaneously ] kissed by Donald Trump, and afterwards, she said to her friends, “That was cool! Donald Trump kissed me, just like that!” Then he’s running for President, and everyone she knows hates the guy, and now she thinks, “Yuck! That creep kissed me! I was one of those women he was bragging to Billy Bush about! He harassed me!”

Is that fair? Is that right? Can a man be retroactively guilty of sexual harassment because a woman’s perception of what happened changes over time?

These and other issues were just raised in one of the latest witch hunt accusations, the claim by a former 2016 campaign staffer of Rep. Ruben J. Kihuen (D-Nev), once a rising Democratic Party star,that he harassed her.

Unlike many of the other notable men who have been run down by the Harvey Weinstein Ethics Train Wreck, Kihuen, at least so far, has been accused of the most common and least horrible form of sexual harassment. The allegations would support the case that Kihuen created a hostile work environment for his subordinate by unwelcome sexual advances.  “Samantha” says that she rejected multiple sexual overtures by Kihuen, including once when when he suggested they get a room together in a hotel. She also says that in two instances he began touching her thigh, and asked if she was open to cheating on  her boyfriend. She says these attentions made her  so uncomfortable—that’s a hostile work environment!—that she quit as his campaign finance director after only five months on the job.

If an employee made these complaints to a business’s HR department, there would be an investigation. No job action could be taken against a supervisor based on her word alone. If there was no substantiation,  the supervisor denied it and no similar accusations had been made by other employees, no company could or should fire the accused individual. Moreover, until an investigation is complete, the position must be that the supervisor is innocent, and will not be penalized pending an investigation. Any other handling of such an episode is unethical: unfair, harmful, and wrong.

Kihuen denies that he engaged in harassment. Yet Nancy Pelosi, she who insisted less than a week ago that “due process” must play out before Rep. John Conyers should have to resign after multiple accusations from women, now says that Kihuen must resign based on one woman’s allegation, before any investigation.

This is true witch hunt stuff. Nothing has been proven. By this standard, a woman can kill a man’s career with an accusation. That is a lot of power. Power corrupts. Pelosi wrote, Continue reading →

Unethical Quote Of The Month: Detroit Attorney And Democratic Michigan AG Candidate Dana Nessel

/ Jack Marshall / 28 Comments

“Who can you trust most not to show you their penis in a professional setting? Is it the candidate who doesn’t have a penis? I’d say so.”

—-Detroit attorney Dana Nessel, a Democrat and a misandrist running for Attorney General of Michigan by suggesting that all men should be assumed to be sexual harassers and predators.

In another ad, Nessel says…

I want to tell you what you can expect me not to do. I will not sexually harass my staff, and I won’t tolerate it in your workplace either. I won’t walk around in a half-open bathrobe, and I’ll continue to take all sex crimes seriously just like I did as a prosecutor.

I wonder how feminists would react if a male candidate said,

I want to tell you what you can expect me not to do. I won’t try to influence judges to make bad rulings by wearing tight clothes and wiggling my hips. I won’t take says off because I have a period, or break down in tears under stress. I won’t try to win cases by sleeping with lawyers and judges, or not report sexual misconduct because I’ve exploited it to my own advantage.

Nessel should meet exactly the same fate as a male candidate who made those bias-promoting, sexist remarks. Continue reading →