Tom Brady

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

/ Jack Marshall / 17 Comments

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading →

The Last Of Deflategate, And What It Means

/ Jack Marshall / 27 Comments

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

I have received a lot of mail seeking my reaction to a judge reinstating Tom Brady and vetoing Roger Goodell’s harsh punishment decree. My reaction is that this is bad for football, the NFL, and the culture, and one more step toward validating cheating as an accepted cultural norm, not just in sports, but in the nation itself. Once upon a time, sports were supposed to model good sportsmanship, integrity and fairness. This episode demonstrates how far from that we have come. It is a serious and troubling development.

From a legal standpoint, I get it. I assumed that Goodell knew the limits on his own power: silly me. Apparently the NFL’s labor deal neutered the absolute power of a Commissioner to do what he felt was necessary to protect the integrity of pro football. Unions seldom care about the integrity of their game, at least not when their members’ money is involved. The original sports league commissioner, baseball’s Judge Kenesaw Mountain Landis—Damn! Why didn’t we name our son “Mount McKinley Marshall”?—banned Shoeless Joe Jackson and his team mates from baseball forever after a jury had acquitted them of throwing the World series for bribes. His drastic action probably saved baseball, and has influenced the sport to this day. Goodell’s failure, in contrast, promises to do lasting harm.

Remember, the judge didn’t exonerate Brady; he just ruled that Goodell didn’t have the power to punish him. There is no doubt in my mind that Brady cheated, just as there was no doubt in the NFL’s investigator’s mind. There is also no doubt that you could not prove Brady’s guilt beyond a reasonable doubt. The idea behind absolute power in a sports commissioner is that sports contests must be viewed as being fair or people will stop watching, and any hint of cheating and corruption must be banished. I agree with that idea. Baseball flunked its most crucial recent test when Bud Selig didn’t have the guts to pull Barry Bonds off the field when he was breaking records on steroids (and everyone knew it); pro football has been flunking one test after another. Society is becoming more cynical and more tolerant of cheating, and I think professional sports are as much a cause as a symptom.

Why am I convinced Brady cheated? Many factors, none of which individually are conclusive:

  • The conditions under which the cheating took place: bad weather, a play-off game, the team behind.
  • The Patriots’ well-established contempt for the rules.
  • The fact that a quarterback knows the feel of his tool, footballs, and that an experienced one like Brady could not possibly have been unaware that the balls he was throwing were even a little bit underinflated.
  • Brady’s evasive, smug, wink-wink ha-ha demeanor in multiple venues regarding the incident, like a high school jerk who knows he’s getting away with something and thinks its hilarious.
  • The immediate “everybody does it” defense from Brady’s fellow quarterbacks. (That’s not a defense. That’s an admission.)
  • The “it didn’t matter, they would have won anyway” defense from the same quarters. This is also an admission of cheating. Cheating is wrong whether it works or not, and whether it is necessary or not. NFL fans don’t even know what’s wrong with cheating any more….because the players don’t.
  • Some of the absurd defenses raised by Brady’s defenders, including his team, like the argument that one of the equipment guys involved in the incident was only called “the Deflator” in a contemporaneous text message because he was on a diet.
  • The fact that Brady destroyed his cell phone to avoid its contents being searched. This is spoliation, the destruction of potentially incriminating evidence, and suggests, but doesn’t prove, guilt. If he had done it in a criminal investigation, it would have been itself a crime. Ethically, the act is just as wrong whether it is a crime or not. (See: Clinton, Hillary)

I believe most Patriots fans know he cheated too. They just don’t care: he’s their star, and the team won the Super Bowl. The ends  justify the means. Continue reading →

And Now, A Rueful Parody: “Hillary, Brady and George”

/ Jack Marshall / 7 Comments

hillary-brady-george

I’ll let Dion set the mood first…

Now my updated version, in its own way even sadder than the original. (You can sing along, if you like…)

Does anybody here care ’bout influence peddling?
Can you tell me why it’s wrong?
She got a lot of money
And it sure looks like quid pro quo
But Hillary’s prospects stay strong.

***

 Anybody here care ’bout conflicts of interest?
Can you tell me why they’re wrong?
George gave a lot of money,
To Hillary’s foundation
(He’s been a supporter all along.)

***

Anybody here care ’bout lying and cheating?
Do you think that they’re wrong?
The quarterback messed with
The balls that he scored with
And still is cheered by the throng.

 ***

Should we admire the values they stand for?
Won’t their lies corrupt it all for you and me?
And society
Some day soon, if we don’t make them sorry…

***

Everybody here see our old friend Bubba?
(I can’t stop my rising gorge)
As I watch  him walkin,’ and laughin’ at all of us…

With Hillary, Brady and George.

The Unethical Tom Brady Conduct He Isn’t Being Punished For

/ Jack Marshall / 20 Comments
This isn't the graphic for this post for the reason you think it is...

This isn’t the graphic for this post for the reason you think it is…

The NFL surprised me a little yesterday—but pleasantly— by hitting New England Patriots quarterback Tom Brady and his team with something approaching an appropriately tough penalty for cheating in a playoff game, lying about it, obstructing the NFL’s investigations, and then acting as if the whole mess was a joke. The NFL suspended Brady for four games, stripped the Patriots of their first-round draft pick in 2017 and a fourth-round pick as well, and fined the team $1 million for Brady’s  “conduct detrimental to the integrity of the NFL” and for “failure to cooperate in the subsequent investigation.”

Exactly. It wasn’t the infraction alone that made this serious; it was the suggestion, magnified by Brady’s smug attitude, that cheating in an NFL play-off game is no big deal and nothing to be upset or ashamed about. The team also had to be punished, in part because cheating has long been the Patriots’ MO, and the team’s continued success at winning championships, without some negative consequences, is a neon sign advertisement for cheating in games, in school, in business, in life.

Finally, the draft choices were a crucial element, because taking away those really hurt the team. Otherwise it would have been just an affordable fine: Brady doesn’t need the millions he’ll lose by not playing four games, and the Patriots are more than a one-man team; they might still win all four. As for team owner Robert Kraft, he won’t even notice that the million dollars is missing. The draft choices the team will notice. Good.

But there is another injustice here that isn’t getting as much attention as the suspending of New England’s smirking, cheating star. Continue reading →

Beware of Heroes: Why Tom Brady Is An Ethics Corrupter

/ Jack Marshall / 10 Comments

fallen heroAs a born Bostonian, proud of the Hub’s tradition of elevating the nation’s ethical sensitivities, the spectacle of the old city’s football fans embarrassing themselves out of loyalty to a home town quarterback who doesn’t deserve it is nauseating. As a recent New York Times feature gruesomely illustrates, Tom Brady’s complicity in a successful cheat to get the New England Patriots into the Super Bowl has corrupted the usually reliable ethical values of this iconic city.

The information coming out of the NFL is that Brady’s cheating, lying about it, refusing to cooperate with the league’s investigation and—I hope this is taken into consideration—his smirking attitude about the incident since the results of the investigation were announced will get him suspended for 6-8 games. Think of it: Boston has been so corrupted by its sports star that it is now less ethically sensitive than Roger Goodell.

Now that’s corruption. Continue reading →

Now We Know: Patriots Quarterback Tom Brady Is A Fick*

/ Jack Marshall / 25 Comments

Yechhh.

Watch, if you can, this smirking, wink-wink-nudge-nudge exhibition by Tom Brady yesterday in front of his drooling, cheering, bleating, sheep-brained and ethically corrupt fans, as he mocks, in every expression, tone of voice and gesture, the idea that he should be even slightly ashamed of  the NFL’s finding that he cheated to ease his team’s path to the Super Bowl, and that finding’s implication that Brady lied about it, blatantly and repeatedly:

If, after this intentional poke in the eye to anyone who believes sports contests should be played with fairness, honor and integrity,  the NFL doesn’t give Brady a major suspension, and nothing less than half a season will qualify as major, fine the Patriots, fine Coach Belichick, and take some action to permanently label the team’s division and league championship as rotten, then we should declare pro-football a dangerous cultural menace, promoting cheating, lying and rule-breaking rather than sportsmanship to our youth. Continue reading →

No, Carol Costello, You Contemptible Fool, Cheating Isn’t Funny

/ Jack Marshall / 10 Comments
Now here's a cute story about how a team cheated to get to the Super Bowl!

Now here’s a cute story about how a team cheated to get to the Super Bowl!

I have more important things to write about today than again exposing that blight on the already thoroughly blighted field of broadcast journalism, CNN’s Carol Costello, I know. I also know I shouldn’t watch her, or CNN for that matter, in the morning. But my options are limited to that or centerfold sunburst Robin Meade over at HLM, who causes me to question my motives. Fox I am boycotting entirely until Roger Ailes sends Bill O’Reilly to keep Brian Williams company; The Today Show and Good Morning America are no longer news sources, just cretinous fluff, rock songs and cooking segments with occasional left-biased interviews, whatever CBS is doing in the morning has been unwatchable since 1981, and MSNBC is a disgrace in every way, and I mean every way. Lately the embarrassment has been that a disturbing number of its “tax the rich into oblivion and turn the US into Sweden” talking heads haven’t been paying their income taxes. I can respect people who at least display personal integrity regarding the irresponsible policies they advocate, but MSNBC is crawling with hypocrites as well as Angry Left demagogues.

That leaves CNN, which in one respect is unfair: since I can’t stand watching the others and only catch their worst moments when they are flagged by Mediaite or a tipster, CNN gets a disproportional criticism here. It is almost impossible, however, to be unfair to Carol Costello. Continue reading →

What A Surprise: The Patriots Cheated. Now Comes The Integrity Check For The NFL And Its Fans

/ Jack Marshall / 20 Comments

deflated-football

From the New York Times:

…On Wednesday, the N.F.L. released its report on its investigation into the scandal surrounding the surreptitious and rule-violating practice of deflating game-day footballs. Using detailed accounts and circumstantial evidence, it implicated Brady as part of the operation, saying he surely knew that the two employees, McNally, 48, and Jastremski, then 35, were purposely deflating footballs to a level beyond the permissible threshold for Brady’s benefit.

“There is less direct evidence linking Brady to tampering activities than either McNally or Jastremski,” the report said. “We nevertheless believe, based on the totality of the evidence, that it is more probable than not that Brady was at least generally aware of the inappropriate activities of McNally and Jastremski.”

The N.F.L. report absolved other top Patriots officials, including Coach Bill Belichick, the owner Robert K. Kraft and the equipment manager Dave Schoenfeld, saying that there was “no wrongdoing or knowledge of wrongdoing” on their part….

I wrote the headline before I remembered: the NFL has no integrity, and neither do its fans. It was very clear that the Pats had cheated to get to the Super Bowl, and had the NFL cared anything about integrity, it would have completed its investigation in time to tell the Indianapolis Colts that they, and not the New England Serial Cheats, were going to the biggest game of the year, since it had lost the chance to a dastardly opponent. Instead, the league basked in the marquee match-up and one of the best games ever, and waited until now, four months later, with football as far out of mind as it can be, to announce that the New England Patriots, again, had cheated. Clever. Too clever.

I wrote a lot about this when it occurred, and had to put up with the predictable “innocent until proven guilty” crowd, the “it’s only a game ” crowd, the ” they would have won anyway” crowd, the “everybody cheats” crowd, the “it’s not like he invaded Iraq” crowd—essentially Barry Bonds defenders, Obama enablers, and Bill Clinton fans with football jerseys and Patriots beer mugs.  Now I get the Hillary Clinton crowd, who will ask, “What difference, at this point, does it make?” The NFL can make billions being as corrupt as it is, maiming athletes and turning colleges into shams, because so many, many Americans value a visceral rush on winter Sundays over fairness, justice, and honesty.

Observations: Continue reading →

Late Deflategate Update: Patriots Owner Robert Kraft Does A Full Corleone

/ Jack Marshall / 9 Comments

Tom Hagen

Ruthless mob “Godfather” Michael Corleone had lied  to the fictional Congressional committee investigating organized crime. The smoking gun witness who had cut a deal to destroy Michael’s fake stance as a persecuted patriot and honest businessman had just been intimidated into recanting, seeing his older brother sitting with his targets and knowing that if he betrays the Family, his brother’s head would end up in his bed. So lies and corruption have triumphed, and as the scene from “Godfather Part II” fades, Michael Corleone’s lawyer, Tom Hagen, is shouting over the gavel and the crowd noise, to the disgusted and defeated Committee chair,

“SENATOR! SENATOR! This committee owes an apology, this committee owes an apology — an apology Senator!”

This memorable scene was immediately what my mind was jerked back to when I read New England Patriots’ owner Robert Kraft’s defiant statement regarding his team’s latest cheating scandal, in the section where he said…

“If the Wells investigation is not able to definitively determine that our organization tampered with the air pressure in the footballs, I would expect and hope that the League would apologize to our entire team and in particular, Coach Belichick and Tom Brady for what they have had to endure this past week. I am disappointed in the way this entire matter has been handled and reported upon. We expect hard facts as opposed to circumstantial leaked evidence to drive the conclusion of this investigation.”

I see now from a brief Googling of “Tom Hagen Robert Kraft” that I was not alone, and no wonder. Kraft’s guys have stonewalled, denied, mocked, deflected, tap-danced, and allowed loyal ethics-challenged sportswriters, bloggers and fans to block for them.  Belichick and Brady almost certainly have covered their tracks sufficiently to avoid their just desserts, and Kraft is demanding an apology when it is he who should be apologizing—to the NFL, to opposing teams, to New England, to Boston, and to the fans, for allowing a corrupt and unethical culture to flourish under his ownership. Has any criminal, having avoided conviction because he or she could not be found guilty beyond a reasonable doubt, had the chutzpah to demand an apology from the prosecution? Did Casey Anthony  or O.J., as despicable as they are, dare to rub society’s nose in their triumph like that? Continue reading →

STUPIDITY SATURDAY Bonus: The Deflategate Deniers, Excusers, Rationalizers and Corrupters

/ Jack Marshall / 24 Comments

dumb football fan

[This post took so long to write that I am posting it on Sunday. Pretty stupid.]

Every few months an ethics story erupts that convinces me that I’m wasting my time. I started writing about ethics online in disgust over the Clinton-Lewinsky scandal, which revealed to me that no politicians, few journalists and a tiny minority of the public understood the difference between, right, wrong, and a desperate rationalization. I was aghast at the vigorously nodding heads on talk shows when some ethically-challenged dolt would say that “everyone lies about sex” (so it’s okay), or that because other leaders may have had illicit sex, that made it acceptable, or that Clinton deserved special dispensation because he was an effective and popular President, or that he and Lewinsky were consenting adults, or that personal conduct was irrelevant to the job, or that other Presidents had done worse. These were all just lazy, poorly reasoned and culturally corrupting rationalizations, but nobody except a derided few seemed to know it.

So I’ve been writing about these and other ethics issues, including rationalizations, for about 15 years, and nevertheless, when something like the Patriots cheating scandal arises, I hear the same unethical, ignorant crap, as if nothing has changed. And, of course, nothing has. All I can hope to do, in conjunction with others who don’t want to see society devolve into a Hobbesian Hell, is to try to convince enough rational people that we can, by constantly explaining, arguing, and pointing the way, just keep things as barely endurably corrupt as they are now.

I got depressed just writing that last sentence.

The issue regarding the New England Patriots giving their quarterback an edge by cheating—deflating the balls so he could throw more accurately–isn’t controversial or hard to understand. If the team broke a rule that relates to sportsmanship, the fairness of the competition and the integrity of the result, and it is hard to see how it didn’t, then the NFL should punish the team severely. [ The NFL, true to its black heart, has made it clear that its investigation will not allow a resolution of this until after the Super Bowl, meaning that it hopes the controversy will deflate. I’m sure it could resolve all questions and identify the accountable parties faster if it wanted to—it doesn’t want to.] To do otherwise essentially endorses cheating. Moreover, since the team involved has a head coach who has made it clear that he is willing to cheat (having been caught before), that coach must be held accountable for the unethical culture he has nurtured whether he was directly involved in this particular episode or not. This is truly Ethics 101, Management 101, Culture 101, Sports 101—let’s just call it “101.” Yet so many, from the elite among sportswriters to the public that devotes an obscene amount of their passion, time and money to following football just don’t get it. Continue reading →