Monday Morning Summary Of What Would Have Been In The Sunday Ethics Warm-Up That I Was Supposed To Post But….Aw, Forget It. Here’s Some Ethics Stuff…

Good morning.

Boy, am I glad THAT week is over.

1. Moral luck saves the 2019 baseball post-season…for now. MLB missed a major disaster when an umpire missed a clear strike three (he ruled a foul) on Yankee slugger Gary Sanchez in a tied and crucial game between the Houston Astros and New York.  It was the 11th inning, meaning a tie-breaking run would mean a likely Yankee victory.  THAT would have meant that the Astros would have lost the first two games of a seven game series at home, a hole that very few teams in baseball history have been able to overcome.

Sanchez  struck out on the next pitch, and a Carlos Correia home run in the bottom of the inning sent the Astros to Yankee Staudium in a series tied 1-1. The botch was moot, and will soon be forgotten. But if he Sanchez hit a home run or otherwise led the Yankees to a decisive score, the ALCS might have been completely turned by a blown call captured on video for all to see.

And there would be no excuse: the rules allow no appeal on that kind of play, but there has to be.

Yes, it was “moral luck” again. The fact that the worst didn’t happen doesn’t change the seriousness of the fact that only luck saved the day and prevented a blot on the integrity of the whole 2019 post-season. Maybe it would have been better if the bad call had altered the game, the series, and the World Series. Maybe then baseball would stop waiting for the high-profile disaster caught on video that will force it to have ball and strikes called by technology. It took an umpire’s obvious blown safe call in what should have been the last out of a perfect game to make baseball go to replays, and anyone who watches many games knows how many times a reversal changes game outcomes. Continue reading

The Incredibly Stupid But Nonetheless Revealing Nancy Pelosi Video Ethics Train Wreck

Seldom does a news story I deem too predictable and silly to warrant posting about suddenly explode into a full-fledged ethics train wreck, but this time, it did. President Trump apparently couldn’t resist the irony of Speaker Pelosi calling for “an intervention” for him in one of her typical rambling, halting, disturbing performances, and tweeted “PELOSI STAMMERS THROUGH NEWS CONFERENCE” along with a video.

This was, of course, both juvenile, petty and typical conduct by the President. At this point, I don’t see how anyone can get upset about it, be surprised by it, or pretend to be outraged by it. Doing so is one more marker of Trump Derangement: yes, we KNOW you hate the man and can’t stand his manner, manners, and mannerisms. These were a matter of record years before he was elected. Anyone who voted for him knew the was part of the package. What possibly is accomplished by railing about it now?

“The man’s an asshole! No, really, look, he really, really is an asshole! Don’t you see? HE’S REALLY AN ASSHOLE!!!!” We see, for God’s sake. We’ve always seen. Shut up! [See: The Julie Principle.]

Now, if Donald Trump were 14, or not President of the United States and obligated to be a role model and epitome of dignity and rectitude, one could sympathize with this latest example of tit-for-tat payback. Pelosi accused him of a “cover-up” because he has chosen not to cooperate with Democrats looking for things—something, anything— to impeach him with. This is the three year old “we know you must have done something horrible because you are horrible,” guilty until proven innocent smear that the “resistance” has used from the moment Trump was elected to try to undermine his Presidency in an  undemocratic, slow-motion coup unlike anything the nation has endured before. Then she made her “intervention” comment. Of course the President resents it and is furious, and he has never denied that his personal ethics code demands that he strike back when he is attacked. No, it isn’t ethical, admirable or Presidential. But it’s him.

The Speaker was also crossing lines of decorum that shouldn’t be crossed, but that horse not only left the Democratic barn long ago, it has traveled cross-country, mated repeatedly, and has nasty, mean-spirited, hateful colts galloping all over the place. One of Trump’s gifts is making his enemies behave worse than he does, and the Democrats and the “resistance” have taken the bait and asked for more, the fools. All they had to do was to take the high road, speak respectfully but sadly about the President’s transgressions, stick to the facts, and refrain from name-calling and ad hominem attacks. Like the man on the ledge heeding “Jump!” chants, they chose to follow the worst of their supporters’ demands instead, proving, of course, that they were no better than the President, and, I would argue, worse. Continue reading

Seeking An Ethics Verdict On Rafi Eitan [Updated]

“In principle, when there is a war on terror you conduct it without principles. You simply fight it.”

So said Rafi Eitan, the legendary Israeli spymaster and Mossad operative in an interview with the Israeli newspaper Ha’aretz in 2010. Is that the credo of a hero or a villain?  When he died last week at the age of 92, Prime Minister Benjamin Netanyahu called Mr. Eitan “among the heroes of the intelligence services of the State of Israel.” Is “hero of intelligence services” an oxymoron? Eitan’s credo certainly justifies murder, torture and extra-legal activities; indeed, it justifies almost anything. That’s not ethics, it’s the opposite: the ends justify the means, tit for tat, vengeance, and  scorched earth warfare without the inconvenience of a formal declaration of war. Former Israeli Prime Minister Ehud Olmert eulogized Eitan as “a smart, cunning and sharp person, who remained capable until his last day”, and praised him as one of “the most intelligent, competent, responsible and creative ministers in the government.” Boy, he sounds like a great guy, if you forget about all the killing.

Eitan, his various obituaries tell us, counted among his more spectacular exploits in support of his nation such operations as  the surgical strike on Iraq’s Osirak nuclear reactor in 1981, the systematic assassinations of the Palestinians responsible for the massacre of Israeli athletes at the Munich Olympics in 1972, and the theft of at least 100 pounds of  enriched uranium from a nuclear fuel plant in the Pittsburgh area to assist Israel in its atomic bomb program. Eitan was the handler of Jonathan Pollard, the traitorous American Navy intelligence analyst who turned  over thousands of classified documents to Israel as its spy, and architect of  the operation that has been most celebrated in the various articles in the wake of his death, the capturing of Nazi war criminal Adolf Eichmann in 1960. Continue reading

Yes, The House’s Investigation Of The President’s Business Dealing Is “Presidential Harassment,” And We Will Pay Dearly For It

I will expand on this soon, but for now, let us agree that Rep. Schiff’s intended investigation of President Trump’s business activities before he was Presient, while legal, is unethical, and will do great damage to the structure of our democracy.

Let us also stipulate that it was the Republicans who opened this Pandora’s box with the Whitewater investigation into the Clintons’ always fascinating financial machinations. The Democrats have now taken that tactic to new depths, with the thinly veiled—is it veiled at all?—purpose of preventing an elected President whose existence they deplore from doing the job he was elected to do. If I never admire Donald Trump for anything else, I will admire him for fighting this destructive and unconscionable attempt by the Democrats to undo the will of the people., and doing so with all the tools at his command, as well as some that aren’t really his to command.

There are few, if any, high ranking politicians in either party who could withstand the kind of scrutiny being focused on Trump. That is, of course, the whole idea. If this continues, whether the fishing expedition uncovers anything or not, a precedent of tit-for-tat and cyclical vengeance will be established, with every President subjected to the same obstruction and constant attack, resulting in the position of President being permanently crippled and sullied. Maybe that is what the Democrats want; maybe destroying Trump’s Presidency is worth destroying them all to them—as part of a general tantrum, vengeance for spoiling Hillary’s coronation, or perhaps as a first step in establishing the progressive totalitarian regime many Democrats yearn for.

Whatever their motive, they should be clear that their methodology will not stop with President Trump, and will be aimed at te next Democratic President as well. I believe that Republican leaders should state this explicitly, not as a warning, but as a statement of fact.

Morning Ethics Warm-Up, 1/11/2019: Triplets, Tongues, Feet, And Screeches

 

Good Morning!

1.It’s time to play… Champerty! I’m beginning my morning by explaining to an outside litigation funding entity that they really don’t have to worry about champerty laws as long as their loans are handled property. Champerty is an ancient common law crime that made it illegal for a third party to buy into litigation and to profit from the transaction if the litigation succeeded. Some states still have anti-champerty laws, but they are 1) pretty much dead letters and 2) don’t apply to legitimate litigation financing, where a loan is repaid whether the litigation succeeds or not, and the amounts repaid do not change if it does. In legal ethics, champerty becomes an issue when a lawyer or law firm “sells” a share of the legal fee to a third party. That’s fee-splitting with a non-lawyer, and strictly forbidden.

Champerty is often mentioned as a set with two other common law crimes, Maintenance and Barratry. Maintenance, Champerty and Barratry are among my favorite potential triplets names, along with Shadrach, Meshach, and Abednego; Caspar, Melchior, and Balthazar; Clotho, Lachesis, and Atroposand (The Fates);  Nina, Pinta and Santa Maria, and, of course, Moe, Larry, and Curly.

2. The Good Illegal Immigrant, again. In the wake of the wall dispute and the shutdown, the New York Times is ramping up its frequency of heartstrings-tugging tales of  illegal immigrants so lovable, industrious and virtuous that only a monster would oppose their permanent enjoyment of the fruits of illegally obtained citizenship. One such article this week began,

“Tomas Guevara fell in love with Ruth Ayala years before they met. Her brothers — like Mr. Guevara, Salvadoran immigrants living outside Washington — talked about her at church. She was hardworking and kind, they said, devoted to her family and her faith. Then Mr. Guevara saw Ms. Ayala’s photo; her big brown eyes, her warm smile. He decided to give her a call.”

Awww!

Later in the article, we have this sentence: “In 2001, he swam across the Rio Grande.”

The article raises many questions for me. Why was someone like Tomas eligible for “temporary protected status”? If the claim was that El Salvador was so dangerous that he could not be sent back there, why did he keep visiting that country, meet his wife there, and have his child there? Naturally, there was a program, the Central American Minors program begun in 2014, that allows the children of parents with temporary protected status to apply for permanent residency as refugees. Tomas’s wife was somehow eligible too.

This is what “chain migration” means, in case you wondered. Continue reading

Armistice Day Ethics Warm-Up, 11/11/18: Pettiness, Tit-For-Tat, And Fake All-Stars

Good Morning!

Why Nora Bayes? Let me tell you a story…

I learned about Nora Bayes (1880-1928) while mounting a production of a “lost” musical, George S. Kauffman’s Hollywood satire “Hollywood Pinafore,” which was essentially a parody of Gilbert & Sullivan’s classic, “H.M.S. Pinafore.” Nora was mentioned in a laugh line in the script, so the 1941 show assumed that the audience knew who she was. I had never heard of her, so I did some research. She was a fascinating character, and a huge vaudeville and Broadway singing and comedy star, household name huge. “Over There” was one of her biggest hits; another was “Shine on Harvest Moon,” which she wrote with her second husband (she ultimately had five), Jack Norwith. He also wrote “Take Me Out To The Ball Game,” another Bayes standard. According to one online biography, Bayes Bayes “provided some flamboyant, indeed extreme, examples of the broad social changes happening in the United States in the early twentieth century, namely the questioning of traditional roles for women as well as the challenges to male political and economic power that marked the women’s movement of the time.”

I almost wrote about her in April. As regular readers here know, I believe it is the our duty to honor the memories, accomplishments and cultural influence of past figures in American history, because the more we remember, the more we learn, and the wiser and more ethical we are. Somehow Nora Bayes, famous as she one was, had been in an unmarked grave for 90 years.  On April 21, a group of Nora Bayes enthusiasts placed a granite headstone over her plot. The New York Times told the strange tale here.

Now I think of Nora Bayes every time I hear “Over There,” “Shine on Harvest Moon,” and “Take Me Out To The Ball Game.” Maybe you will too.

1. Truth in labeling. Major League Baseball has sent a team to Japan to play a series of exhibition games against a Japanese All-Star team, reviving a long-time tradition that had been suspended for several years. As you may know, the U.S. was critical in introducing baseball to Japan, and sent several major stars there to help get the sport established. Playing in Japan is mostly a lark for the American players, but the games are taken very seriously by the Japanese. In the first two games, the MLB All-Stars have lost, greatly pleasing the locals.

I don’t begrudge the Japanese fans their David and Goliath fantasies, but calling the U.S. team “All-Stars” is misrepresentation. For example, one of the pitchers who got clobbered in the last game, a 9-6  contest that began with the Japanese team jumping out to a 9-0 lead, was a Red Sox pitcher named Brian Johnson. I like Johnson, a crafty swing-man who had some good moments last season, but he’s a lifetime 6-6 pitcher who was left off the Red Sox post-season roster, and will have to battle to stay in the majors next season. I know you can’t sell tickets if the U.S. team is called the “All the players we could talk into coming to Japan Team,” but that’s what it is.

2. Tit for Tat  may be funny, but it’s not ethical. Representative Dan Crenshaw, the veteran who was mocked last week on Saturday Night Live for his disfiguring war wound, appeared on the show last night to mock the appearance of his tormenter, Pete Davidson. Crenshaw was unusually poised for a pol on a comedy show, and the bit successfully got Davidson and SNL, which had been widely criticized for its nasty routine, off the hook. Clever. Successful. Funny. Still wrong, however. This represents an endorsement of Donald Trump ethics, as well as the endlessly repeated rationalization for the non-stop ad hominem attacks the President has inflicted on him daily by the news media and others. The President famously—infamously around here—has always said that if you attack him, he’ll attack you back harder. His haters argue, in turn, that their tactics are justified by his. This is how the culture got in the escalating spiral to Hell it is in. I don’t blame Crenshaw: if he hadn’t accepted the invitation to get funny revenge on Davidson, he would have looks like a petty jerk. Nonetheless, he has now officially become part of the problem, not just a victim of it.

3. Stop making me defend President Trump Dept.  You see, I am kicked around on Facebook for not just falling meekly into line and declaring that everything Donald Trump does is an outrage and proof that he should be impeached. I tell you, it’s tempting. The mass bullying campaign to herd everyone into the undemocratic effort to overthrow an elected President using relentless criticism and flagrant double standards has been effective in stifling others, and it also serves as a kind of mass cultural hypnosis. I don’t like defending Trump. He is doing serious damage to his office, as are his unhinged foes, who are apparently willing to destroy the nation, democracy, and the Constitution to “save” it from him. But I will not be intimidated out of pointing out the revolting pettiness, hypocrisy and unfairness of his critics. Two examples surfaced yesterday. Continue reading

Morning Ethics Warm-Up, 10/8/2018: Weenies, Dummies, Hypocrites And Creeps.

Good Morning!

1. But before we get into the ugly part..I want to recommend an article called “Rationalizations for Unethical Behavior in Tech” over at Medium. The writer, April Wensel, is the proprietor of the Compassionate Coding site.

Her article specifically employs several of the rationalizations on the Ethics Alarms list, quotes me with attribution, and does a terrific job demonstrating what the list is there for, and how it can and should be used. Thanks, April!

2. And here is another reason you can’t trust the media: journalists often aren’t very bright or well-educated.  NBC reporter Ken Dilanian opined on Twitter after Kavanaugh was confirmed that…

It may not happen in our lifetimes, but the idea that North Dakota and New York get the same representation in the Senate has to change. “Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans” https://www.washingtonpost.com/politics/2018/10/06/senators-representing-less-than-half-us-are-about-confirm-nominee-opposed-by-most-americans/ 

To begin with, quoting that Post piece is signature significance for a partisan media hack.  “Most Americans” have insufficient information to oppose or support Kavanaugh on a substantive basis, and uninformed opinions are worthless at best. If “most Americans” opposed him, it was because they were misled, propagandized and fear-mongered into ignorance and bias. This is why we don’t elect Supreme Court justices. The complaint about the Senate that Dilanian glommed onto can be translated as “The Senate is the Senate.” It was designed not to represent the population as a whole, but the states, their interests and their cultures. “It may not happen in our lifetimes” is a statement of ignorance of what it would take to fundamentally change one of the three branches of government from its original form. I’d suggest to Ken that he try reading the Constitution, especially the formula for amending it. The chances that two-thirds of the states will accede to a new Senate construction that lets the big states dictate to the small ones are exactly zero, or essentially the same as the chances that the Electoral College will be abolished.

Dilanian is NBC’s intelligence and national security reporter and frequently appears on MSNBC, and now we know that the network’s intelligence reporter doesn’t understand his own country.

3. Be proud, Democrats! A Democratic Senator I had been blissfully unaware of  until the Kavanaugh nomination stepped up during the  hearings to reveal herself as exemplifying the ugly side of the partisan divide. Hawaii Democratic Sen. Mazie Hirono said that the fact that Kavanaugh was conservative was all she needed to determine that he was lying, for example. She’s a virulent bigot. Yesterday, she was asked twice by CNN’s Dana Bash about whether she thought harassing Republican senators in restaurants was inappropriate. She wouldn’t say “Yes,” sending a clear message that her real position is “No.”

Here’s the exchange: Continue reading

Morning Ethics Warm-Up, 8/30/18: Double Standards, Signature Significance, Facebook Tricks, And Pettiness From Beyond The Grave!

Gliddy glup gloopy!!

1. Tennis Ethics: Yes, I’d call this a double standard…When I saw the headline at AOL— “The US Open has been accused of sexism after a female tennis player was slapped with a code violation for changing her top in the middle of a match”—I assumed that this was another bare-breasts equality story. No, it was even stupider than that. At the U.S. Open at Flushing Meadows this week,  Alizé Cornet was playing Swedish star Johanna Larsson when Cornet realized she  had put her her top on backwards during a break.

So she quickly fixed the wardrobe malfunction on the court, briefly exposing her black sports bra. The Horror. The umpire slapped Cornet with a code violation, unsportsmanlike conduct. But male players frequently remove their shirts on the sidelines, and usually aren’t wearing any bra at all. Indeed, male player Novak Djokovic  removed his shirt on the same day Cornet received her warning. Women’s Tennis Association rules state that women are not allowed to change clothes while on the court, but there is no similar rule for men.

2. Signature significance for an unethical politician. (But it’s Andrew Cuomo, so we knew that anyway.) During the New York  gubernatorial candidates’ debate  between Governor Andrew Cuomo and actress-turned-politician Cynthia Nixon, there was this exchange,

Cuomo: Excuse me, can you stop interrupting? 

Nixon: Can you stop lying?

Cuomo: Yeah, as soon as you do!

The audience thought this was funny.

New Yorkers.

3. Today’s  alarming “Nah, [enter Social media of mega-tech company here]  doesn’t abuse its power 0r manipulate information for a political agenda! Why would anyone suggest such a thing?” note:

NPR, to its credit, published an investigative reporting piece debunking a popular anti-gun fake stat, one that David Hogg et al. have wielded repeatedly: the U.S. Education Department’s claim that in the 2015-2016 school year, “nearly 240 schools … reported at least 1 incident involving a school-related shooting.”  The NPR investigation findings:

“…NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. Child Trends, a nonpartisan nonprofit research organization, assisted NPR in analyzing data from the government’s Civil Rights Data Collection.

We were able to confirm just 11 reported incidents, either directly with schools or through media reports.

In 161 cases, schools or districts attested that no incident took place or couldn’t confirm one. In at least four cases, we found, something did happen, but it didn’t meet the government’s parameters for a shooting. About a quarter of schools didn’t respond to our inquiries.

“When we’re talking about such an important and rare event, [this] amount of data error could be very meaningful,” says Deborah Temkin, a researcher and program director at Child Trends.

Gee, ya think?

This statistic has been disputed before, but since the challenges came from conservative news media, the NRA or other Second Amendment supporters, the mainstream media kept using it, and I’m sure the Parkland kids will keep using it anyway, since facts seem to have little importance to them. National Public Radio, however, has been resolutely anti-gun for decades, and never saw a liberal cause it didn’t admire.

When a Facebook user shared the NPR article on Facebook, however, it was removed because, as Facebook informed him,  “it looks like spam and [it] doesn’t follow our Community Standards.” See?

Again: You cannot trust these companies or the people who run them. Continue reading

Morning Ethics Warm-Up, 7/31/18: The Self-Deception Edition

Goodbye, July, 2018!

(and don’t come back!)

1. Ethics translation time! Baseball’s current World Champion Houston  Astros just traded for young, exciting closer Roberto Osuna from the Toronto Blue Jays. This raised some eyebrows, because the 23-year-old Osuna is just completing a 75-game suspension from MLB for allegedly beating his wife. The Blue Jays had decided that they wanted no part of Osuna, and that he would not be a member of their team going forward, despite the fact that he is regarded as one of the best late-inning relievers in the game.

Anticipating some criticism from Houston fans and baseball fans in general, who usually don’t like cheering for disgusting people,Astros GM Jeff Luhnow released a statement  following the trade, saying,

 “We are excited to welcome Roberto Osuna to our team. The due diligence by our front office was unprecedented. We are confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind. Roberto has some great examples of character in our existing clubhouse that we believe will help him as he and his family establish a fresh start and as he continues with the Houston Astros. We look forward to Osuna’s contributions as we head into the back half of the season.”

Translation:

“Our team has had bullpen problems all season, and as of now we have no closer, even as the team has lost three games in a row [now it’s four], two of our best players are injured, and we’re beginning a series against the Mariners, who are just a few games behind us. So in the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player who Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.”

“Thank you.”

Continue reading