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

"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

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?

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

The Unethical Ethicist And Yale: If Bill Cosby Were A Famous Ethicist, He’d Be Prof. Thomas Pogge

The Accuser and the Ethicist

The Accuser and the Ethicist

Here is the short version:

Yale’s Thomas Pogge is a world famous Yale professor of philosophy and ethics who is especially renowned for condemning the terrible human rights effects caused by disparity of resources between rich countries and poor ones. His books, lectures and a well-recieved TED talk argue that the power imbalance between rich countries and poor countries is so great that poor countries cannot reasonably be said to “consent” to agreements between them. Pogge has also accumulated many credible accusations of exploiting, harassing, and taking sexual liberties with his female students in multiple institutions. In the case that has led to this contrast becoming public, Yale offered a female accuser, a Yale graduate named Fernanda Lopez Aguilar, $2000 in exchange for ending the matter and keeping the story out of the news media.

The long version is here. Because the publisher is BuzzFeed, which is not widely regarded as a sterling source of trustworthy journalism (to say the least), the detailed and apparently well-researched report will be easy for Pogge and Yale to ignore and shrug off. However, other publications, including the Yale Daily News, have investigated the work of author Kaitie J.M. Baker, and so far it has held up to scrutiny.

Pogge has responded, less than convincingly, I would say, to the Lopez Aguilar allegations here. I say unconvincingly because he does not address the previous accusations made against him at Columbia University, and if there is one common characteristic of sexual harassers and abusers that stands out above all others, it is that they are habitual and repeat offenders. Anyone who has spent any time in academia (like me) is well aware that the culture permitting professors, especially male professors, to use the student body and bodies as a sexual perk of the job is widespread and only weakly restrained, if at all. Does that prove that Pogge is one of the professors who partakes in the lusty opportunities presented to him as an object of trust and admiration? No. There is, however a lot of smoke surrounding him, and the smoke has been issuing for a long time.

Yale’s institutional conduct is more than smoke. Yale appears to be another example of a trusted institution deciding that it is preferable to cover up the possible, likely or proven misconduct of a valuable employee than to risk damaging the reputation of that institution, or alienating the loyalties of other employees, by addressing it openly and decisively. I’m sure you can name other infamous examples of this phenomenon, broadly covered by the rationalizations “The King’s Pass” and “The Saint’s Excuse” on the Rationalizations List. Among the most infamous of these are the Catholic Church’s decades, perhaps centuries-long enabling of child sexual predators in the priesthood, the Watergate cover-up by the White House, and Penn State’s failure to stop a known child predator from using the school’s football program and its campus as a base of operations. Yale’s particular variety of this unethical choice is an especially unsavory one, closer to the Joe Paterno/ Sandusky and “Spotlight”scandals, because it intentionally  places future innocent victims at risk of harm.

I accept that there is a possibility that Pogee is an impeccable  professional and as pure as the driven snow, and thus himself a victim of a smear, though this seems unlikely. What I am more interested in now is to address the questions asked in the BuzzFeed piece, which relate to how we should regard unethical ethicists as well as other prominent figures who defy, in their actions, the wisdom they are celebrated for dispensing to others—the Bill Cosbys of the world.

I have some additional questions of my own, but for now I will restrict myself now to those posed in the article. Continue reading

MORE Gender Issues Confusion Monday, PART 3:The New York Times’ Hit Piece On Donald Trump And Women

Trump girls

The New York Times assigned six reporters to interview over fifty women who have dealt with The Donald, and the resulting story proved beyond a shadow of a doubt that he engages in routine sexual harassment, acts like a high school student, behaves like the archetypal male chauvinist pig, and habitually ogled women and made comments about their appearance. Of course, anyone who hadn’t been in suspended animation for the past decade or so would know or assume all this based on the Trump’s activities and words. This is the dilemma in trying to cover an obviously unfit and unqualified Presidential candidate like other Presidential candidates. For a traditional politician, the Times’s revelations would be devastating. In Trump’s case, we have learned so many worse things about his nature during the past six months that his misogyny is both old news and relatively trivial. It’s like a character “Jurassic World” warning  that the murderous Indominus Rex has bad breath.

It appears that the Times was also sloppy in its reporting, but never mind: the real mystery is how any Democrats thinks that what Trump has done can benefit Hillary Clinton in any way. Nothing Trump is accused of in the article approaches the conduct that women who  were involved with Bill Clinton claim he inflicted on them, only to have their claims dismissed or ignored by the news media and Democrats. That party went on record as believing that personal conduct, no matter how offensive or abusive to women, doesn’t matter, or at least didn’t matter in Bill’s case, because “Bill was on the right side of the issues, especially abortion. Indeed, one famous female journalist wrote that she would sleep with him anytime, just to thank him for supporting abortion.” Continue reading

It’s Gender Issues Confusion Monday! PART 1: Observations On “Sweatergate”…You Know, One Of Those Stupid Social Media Controversies That Has Some Genuine Issues Buried Inside

SWaetergate

The 8 a.m. Saturday broadcast on KLTA in Los Angeles area featured  Liberté Chan in a black, shimmery, shoulder-baring  cocktail dress, giving her report on the day’s weather. Suddenly, weekend anchor Chris Burrous’s arm appeared on the side of the screen, holding a gray cardigan sweater.

“What’s going on?” she said. “You want me to put this on? Why? Cause it’s cold in here?”

“We’re getting a lot of emails,” came the offstage voice of her male colleague. Then his hands placed the cardigan on Chan.

“There you go,” he said. “That’s nice.”

“OK. I look like … a librarian,” she says.

Whereupon social media “erupted,” as the current cliche goes, with many on Facebook, Twitter and whatever else there is out there in the social media jungle condemning the station for sexism. Others insisted that Chan’s cocktail dress was inappropriate attire, sending a message that “The Weather Girl is just eye candy, like the women in bikinis at boxing matches.”

Chan, in a post on her own blog, had this to offer…

I …didn’t think there was anything that inappropriate (the beads/sequins were probably a little much for the morning, but what girl doesn’t like something that sparkles?!), so I played along and put on the sweater.

That prompted a barrage of tweets and more emails from viewers, some of which I included below.

To be perfectly honest, the black beaded dress was a backup.  The pattern on my original black and white dress didn’t work on the weather wall (for some reason, it turned semi-transparent), so after my first weather hit at 6am, I changed.

For the record, I was not ordered by KTLA to put on the sweater.  I was simply playing along with my co-anchor’s joke, and if you’ve ever watched the morning show, you know we poke fun at each other all the time.

And, also for the record, there is no controversy at KTLA. My bosses did not order me to put on the cardigan, it was a spontaneous moment..  I truly love my job, I like my bosses and enjoy working with my coworkers.  Since talking to my team, I want our viewers to know it was never our intention to offend anyone. We are friends on and off the air and if you watch our newscast, you know that. More importantly, I hope my viewers were able to plan their Saturday once they heard my forecast and enjoyed the sunny weather after the clouds cleared.

Observations:

1. I was just watching MLB’s Heidi Watney on “Quick Pitch,” where she reviews the highlights of all the baseball games of the previous day, standing up in the middle of a studio. She was wearing a shoulders-baring cocktail dress much flashier than Chan’s,  my wife, not for the first time with Heidi, went nuts, complaining how the outfit was unprofessional and demeaning to women. She has similar reactions to the outfits of the Fox Blondes, and my favorite of the breed, Robin Meade, who frequently looks like she just returned from a wild night after a Vegas party. Is this kind of attire unprofessional? Well, it depends, doesn’t it? It depends if the job being done is seen as informational or  performance. If  it’s performance, then a costume is appropriate. If it is a professional conveyance of information to an audience only, a sound argument can be made that professional attire enhances trustworthiness.

Here’s a typical Heidi outfit: Continue reading

Observations On The ‘Ole Miss’ Sigma Chi Derby Days Controversy

Derby DaysNews Item:

The University of Mississippi’s Title IX office has launched an investigation after allegations surfaced on social media that men of the Sigma Chi fraternity asked sorority members questions tainted with sexual innuendo on a loud speaker system in front of hundreds of students at the closing festivities of Derby Days, the fraternity’s annual philanthropic initiative.

Those “allegations” came in the form of an emotional Facebook post by student Abby Bruce, who began,

“Tonight, my eyes watered up as I watched women be humiliated in the name of “philanthropy.” After a week long process of all the sororities on campus competing to raise money for Sigma Chi’s philanthropy, the guys proceeded to ask the contestants for their Derby Days queen over the mic at the dance competition where hundreds of women were gathered “which sigma chi they would go down on,” “what type of sausage would they prefer: linked or sigma chi,” and other questions of the like.”

Observations:

1. I’m sure Ole Miss administrators are shocked, shocked (I know this “Casablanca” reference is an over-used cliché, but it perfectly fits this episode) that fraternity members would use sexual innuendo at an event like this. In truth, this is undoubtedly been going on for decades, but the combination of the sexual assault posse culture that the Education Department’s “Dear Colleague” letter inflicted on campuses combined with social media shaming prompted the college to act as if it had no idea such vulgarity was going on.

The University of Mississippi has allowed and by its passivity endorsed such piggish conduct in its fraternities, and it is now grandstanding.

2. A Title IX investigation, in this case to see if frat boys making sexual innuendos about sorority girls during an extra-curricular event, is an abuse of the law and free speech intimidation, and is unwarranted, except, I suppose, to make Old Miss  immune from government harassment. The test in Title IX is whether conduct with sexual content and intent rises to the level of non-consensual and unwelcome sexual harassment in which students are “deprived of equal and free access to an education.”  Being subjected to rude comments on Derby Day when in all likelihood the women participating knew what was coming isn’t going to deprive anyone of anything. Continue reading

Unethical Quote Of The Month: Above the Law’s Joe Patrice

[C]onsensual relationships with adults don’t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty-something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we’ve only learned of this more benign brand of misconduct.

—-Above the Law writer Joe Patrice, commenting, incompetently, on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students.

Professor Rizer, the Sam Malone of West Virginia University College of Law...

Professor Rizer, the Sam Malone of West Virginia University College of Law…

This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. “Not a big deal”? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn’t. It never has been.

The professor’s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students’ academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student’s “consent” to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say “no”? This creates a hostile environment for study and education. Continue reading

The Manager, The Hot Reporter, Conflicts and Professionalism

moranfarrell

It’s nice of my favorite baseball team to supply me with ethics stories, don’t you think? This one has management ethics, relationship ethics, journalism ethics, sexual harassment and professionalism.

The Boston Globe reported last week that Boston Red Sox manager John  Farrell and Comcast SportsNet New England reporter Jessica Moran, who covered the team,  were romantically involved. Moran promptly resigned. This quickly degenerated into the usual ethically muddled discussion by members of the public who watch George Stephanopoulos interview Hillary Clinton and see nothing amiss, and have been so badly taught the ethics basics that they couldn’t identify a conflict of interest if they tripped on one, and members of the news media, who, if anything, are worse.  Among the questions being floated, and their somehow elusive answers…

These are consenting adults. Why aren’t they free to have a relationship?

Because they are professionals, with special duties to their constituencies and stakeholders, and the relationship between a reporter and her subject undermines independence, loyalty, trust and competence.

Why is it always the woman the one who has to lose her job?

It isn’t. The journalist has to lose her job, because the journalist breached the basic ethics of the profession. The baseball manager’s conduct is wrong,  but comparatively tangential to his duties at worst. It is still seriously unethical, however, and undermines team culture and the status of other women who have duties involving the team.  Farrell, by dating Moran, was sending a message to his players and other team personnel that these women are legitimate targets for sexual courtship rather than workplace colleagues.  The relationship may have constituted third party sexual harassment, making other women feel as if team leadership had sent the message that they weren’t to be taken seriously as professionals.

Why is everyone making a big deal about this? She’s a beautiful young woman, covering a team of men. Isn’t this to be expected? Continue reading

Hypnotist Ethics Amuck: I’ll Take the Chicken, Thanks

Hypnotist

[I’m on the road, and have a commentary on last night’s debate to file, but it’s hard doing it right in cabs and airports. This stupid tale, however, doesn’t take as much thought.]

Like the last post, this one begins in Minnesota. Something strange is going on up there. I didn’t write about this lawsuit  a year or so ago when it first came to my attention, but it is apparently still live. It is unbelievable, but also true.

PRIDE Institute Inc. of Eden Prairie is a non-profit agency that works with lesbian, gay and transgender clients, helping them deal with “mental health, substance abuse and sexual health” issues. As a special treat for its staff, the HR department hired a hypnotist as entertainment at a staff holiday party. The hypnotist, Freddie Justice, started his act  by telling the employees that he recognized it was a work event and that they didn’t have to worry about, for example, being hypnotized to “cluck like a chicken.”  His audience put at ease, Freddie entertained the group for nearly an hour and a half, hypnotizing volunteers and persuading them to do various silly things for the amusement of their colleagues.

Then the hypnotist asked the agency’s director of human resourcesor permission to conduct a final special demonstration.. With her permission, Justice selected three female volunteers, hypnotized them and told them they were going to experience an intense orgasm, like Meg Ryan’s fake version in “When Harry Met Sally.” All three did, spectacularly so, in front of their co-workers and the CEO of the agency. Continue reading