Trevor Bauer Is Guilty Until Proven Innocent, And His Punishment Will Be Complete Before Such Proof Can Occur

Bauer

This is what #MeToo has wrought.

Dodgers pitcher Trevor Bauer, last year’s Cy Young winner as the best pitcher in the National League and currently the game’s highest paid player, hasn’t been able to pitch for his team since late June. The reason: he has been accused of domestic abuse. Accused.

Ethics Alarms first reported on his story here, writing,

“A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.”

I seriously miswrote, and should have known better. Baseball has a well-established tradition of taking action against players regardless of whether accusations have been proven. Indeed, the eight Chicago Black Sox who were accused of throwing the World Series in 1919 had been acquitted by a jury (They were guilty as sin, but then so was O.J.) were banned from baseball for life anyway. Pete Rose was banned for betting on baseball games before the evidence was definitive (Pete eventually confessed years later).

The next time I wrote about Bauer‘s case was a month later:

“Dodgers pitcher and reigning Cy Young winner Trevor Bauer, remains in limbo and under administrative, paid leave while baseball investigates the horrific allegations of abuse against him. Meanwhile, the Dodgers players have told reporters that they don’t want him back, though whether this is because he is an infamous pain in the neck or because he beats up women is unclear. Since the MLB policy appears to be based on “believe all women” and a “preponderance of the evidence” standard rather than “beyond a reasonable doubt,” I find it ethically troubling. (It resembles the way the Obama and Biden administrations want campus sexual abuse matters to be handled.) If, and I think this is doubtful, Bauer escapes charges and is still suspended, he is an excellent bet to challenge MLB’s “guilty until proven innocent” approach in the courts. Pains-in-the-necks have their uses.”

Last week, Major League Baseball and the MLB Players Association agreed to extend the Bauer’s administrative leave (he’s still being paid) through the end of the World Series, which the Dodgers still have a fighting chance to be part of should they make the play-offs. There has been no new evidence since June; the accusations against Bauer remain just that. He denies them, saying that the rough sex he had with his accuser was entirely consensual, and that he is the victim of a shakedown.

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Friday Late Morning Ethics Warm-Up, 7/30/2021: Pot, Bribes, “Advocacy Journalism,” Baseball’s Domestic Abuse Policy, And How Did A Woman Win The Gold In The Men’s Decathlon?

White rabbit 2

I often check multiple websites to see what of ethics significance occurred on given dates. This July 30 isn’t a major ethics day, though the fiasco that resulted in 1864 when the serially incompetent Union General Ambrose Burnside made his third major blunder of the Civil War in the Battle of the Crater carries a crucial leadership lesson that apparently is impossible to learn: don’t give incompetent leaders second (or third) chances to lead.

However, on one of the sites, “This Day in History,” the headline on a note reads, “1976: Caitlyn Jenner wins Olympic decathlon.” That may be politically correct, but it’s cowardly (would the trans activist mob pounce if the event was stated straight?) and absurd on its face. Bruce Jenner won the Olympic decathlon, and it was a men’s event. Caitlyn was, as far as we know, not even a twinkle in his eye. Bruce fathered children after winning the gold; the event and the other events in his life when he was a he were not magically altered by his later transgender journey, like “Back to the Future.”

1. “Nah, there’s no mainstream media bias” note of the day. Frequent commenter and invaluable tipster Steve Witherspoon sent me a link to a Jonathan Turley column I had missed. The law professor covers a lot of issues we have discussed here as he notes that “Professional ethics, it seems, has become entirely impressionistic in the age of advocacy journalism.”

It seems? There is no question about it. Turley also points out the hypocrisy of the Times with several examples, writing, “If none of this makes sense to you, that is because it does not have to make sense. Starting with the [Senator Tom] Cotton scandal, the New York Times cut its mooring cables with traditional journalist values. It embraced figures like Nikole Hannah-Jones who have championed advocacy journalism.” He also notes that “while the Times has embraced advocacy journalism, its has not updated its guidelines which state that “Our journalists should be especially mindful of appearing to take sides on issues that The Times is seeking to cover objectively.”

Read it all, and I recommend sending it to any friend or relative who calls assertions that the news media is a left-wing propaganda machine at this point “conservative disinformation.”

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Noonish Ethics Battles, 7/1/2021: “Remember Gettysburg” Edition

Gettysburg

July 1 marks the first day of the epic Battle of Gettysburg, which could fairly be celebrated as the beginning of the end for the Confederacy and slavery. Like so many pivotal moments in our history, this one came about by random chance, with Lee’s army and the newly installed Gen. Meade’s Army of the Potomac stumbling into each other in a Pennsylvania country town in 1863. For three days, a bloody and complicated battle engulfed the area, with so many ethics lessons in the process that I fear I won’t be able to cover all of them this week. [ Guest posts on the topic will be welcome!] I am hoping to visit the battlefield again this year—this week will be tough, unfortunately. I will definitely find time this week to watch Ted Turner’s excellent and even-handed film about the battle, highlighted for me by the performances of Jeff Daniels as Joshua Chamberlain, Tom Berrenger as Longstreet, and the late Richard Jordan as General Lewis Armistead, as well as the dramatization of Picket’s Charge, and the score by Randy Edelman.

1. Baseball sexual misconduct notes…A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.

Also yesterday, MLB suspended the former New York Mets general manager Jared Porter at least the end of the 2022 season.   Porter was fired from the Mets in January after an ESPN investigation revealed that he had harassed a female reporter in 2016 when he worked for the Cubs.

Craig Calcaterra, the lawyer sports pundit, supplied the facts here, and I am grateful for that. I would love to subscribe to his substack newsletter, but every issue I read includes Craig’s apparently incurable progressive bias where it doesn’t belong, and I’m just not paying for that. This time, for example, he cites the Bauer, Porter, and Bill Cosby stories to justify the proposition that “we believe [women] when they say what happened to them,” a stunning thing for a lawyer to say. How Kirsten Gillibrand of him! Later, as if this belongs in a baseball news letter, Craig cheers the death of Donald Rumsfeld as an architect of an “Illegal and immoral” war.

All war is immoral to some extent, but the Iraq War, while in hindsight a mistake, was not illegal except in left-wing talking points. Craig should know better, and maybe he does, but in any event, foreign policy and international law are not his areas of expertise. The degree to which wokism has rotted his brain also shows up in his inclusion of an insulting trigger warning before his account of the Bauer allegations: “Warning: the following contains allegations of sexual assault and violence that may be difficult to read.” Oh for heaven’s sake: “Finnegan’s Wake” is difficult to read. News is life: stop treating adults like children.

You can subscribe to Craig’s excellent baseball observations and juvenile political commentary here.

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The Trevor Bauer Affair: “What’s Going On Here?” Unclear So Far, But It’s About Ethics

This developing ethics story comes out of baseball, and if you skip the baseball ethics stories, this one shows why that is a mistake. The erstwhile National Pastime is certainly off to a flying start this season in ethics controversies, what with the game’s bone-headed decision to get involved in race-baiting politics seeded by Joe Biden and Stacey Abrams. This new controversy has the advantage of actually being about the game on the field. It also has a marvelous jumble of factors , real and hinted: history, tradition, real rules, unwritten ruled, rationalizations, hypocrisy, persecution, tarnished heroes, and maybe revenge.

Here we go…

Trevor Bauer is a pitcher for the Los Angeles Dodgers whose fame, reputation and salary ($34 million a year for three years) are out of proportion to his record, which stood at 75-64 as this season dawns. At 30, this is roughly the equivalent of the success achieved by such immortals as Chris Young, Ben McDonald, and Chuck Dobson, mediocrities all. But Bauer is 1) unusually articulate 2) a social media master, and 3) had his best two seasons, including winning a Cy Young Award in last year’s shortened, pseudo-season, just as he was nearing free agency. Many players and his primary team in his career, the Cleveland Indians, don’t like Bauer, and not just because opinionated players are never popular with management. He once knocked himself out a crucial post-season start by cutting a pitching hand finger playing with a drone (he loves drones). In 2019, after allowing seven runs, Bauer threw a baseball over the centerfield wall, after seeing his manager Terry Francona come out of the dugout to remove him from the game. Bauer apologized profusely, but it was the final straw, and the Indians traded him.

Bauer, among other opinions, has been among the most vocal critics (and one of the few player critics) of the Houston Astros in particular (see here), and cheating in baseball generally.

After the 1919 Black Sox Scandal, baseball cracked down on pitchers doctoring the ball with foreign substances or by marring the surface to make it do tricks. Nonetheless, that many pitchers continued to try to slip spit, or Vaseline, or slippery elm, or pine tar onto the ball has been assumed, indeed known, ever since. This year, as part of the game trying to cut down on strike-outs which have reached boring levels (baseball is more entertaining the more the ball is put in play), MLB announced that umpires would be checking the balls more carefully and regularly to ensure that the rule against doctoring the ball wasn’t being violated. Lo and Behold, the first pitcher to have his thrown baseballs collected for inspection based on suspicion of doctoring was…Trevor Bauer!

How ironic!

Part of the game’s new policy is examining Statcast spin-rate data to determine unusual upticks for individual pitchers. What does that mean? “Spin-rate,” which now van be measured via computer technology, determines how much a thrown ball moves in curves, sliders and other breaking balls, as well as fastballs. The quicker the spin-rate, the harder the ball is to hit. Bauer has tweeted and spoken about spin-rate, and how using stuff on the ball speeds it up. Coincidentally, while Bauer’s normal spin rate on his fastball was about 2,250 r.p.m. in 2018, which is the league average, his spin rate began rising by 300 r.p.m. is 2019, and rose still more last season. So did his effectiveness.

Funny.

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Twitter Ethics, “Punching Down” Ethics: The Trevor Bauer Affair

The Pitcher And his Non-Fan

So it’s come to this. It isn’t enough to use past juvenile tweets as a means to shame and subordinate professional athletes. Now the sportswriting establishment is lobbying for teams to exercise control over their social media conduct and style even when no slurs or even alleged slurs are involved.

Trevor Bauer is an established major league starting pitcher for the Cleveland Indians, finally emerging a s star after many years of dreaded “potential.” He’s not a kid–he’s 27—but in his public dealings and image be appears to be about 14. There’s nothing wrong with that at all. He plays a kid’s game, and young sportswriters cheer players now who make faces, preen, trash talk and engage in extreme on-the-field celebrations. Dignity on the field is considered passe, a problem for baseball. Be out there! Show personality!

Ah, but some sportswriters have decided that they are the arbiters of what kind of eccentricities are acceptable, even off the field. For some reason, sports media like NBC Sports and ESPN have decided to pollute sports reporting with the unqualified declarations of woke and aspiring social justice warriors.  I know not why, unless it is part of the full immersion progressive indoctrination strategy that the news media has joined.

At NBC Sports, two baseball writers, Bill Baer and Craig Calcaterra, are such devoted leftist propagandists that any regular reader can predict their screeds before reading them. If the baseball page isn’t just lifting news unaccredited from other sites (MLB Trade Rumors, diligent, competent, and blissfully politics free, is the main victim), Baer or Calcaterra are making arguments that Rep. Oacsio-Cortez would endorse in a heartbeat. For example, they believe that it is travesty of justice that team owners aren’t willing to pay millionaire players what the players feel they “deserve” rather than what is prudent for the owners’ budgets and what makes sense based on reasonable assessments of a players’ value.

Recently Bill Baer decided to demand the Indians and MLB “do something” about Trevor Bauer. The full presumptuousness and arrogance of his argument cannot be appreciated without quoting him extensively, which I will do now, with periodic commentary. The post is headlined, “Indians, MLB need to take Trevor Bauer’s harassing tweets seriously.”

He begins by an unethical device called “poisoning the well,” using an irrelevant episode or accusation to pre-bias readers:

Indians pitcher Trevor Bauer is what we extremely online people call “extremely online” [which means] to inculcate oneself to Internet culture, including humor. Bauer exemplified this last year when he went to arbitration with the Indians. He wanted to file for $6.9 million, but …the right-hander was warned that the figure was too high and could result in him losing his case. He then wanted to file for $6,420,969.69. Why 69? As any teenager can tell you, it references a sexual position and that’s funny stuff on the Internet. Why 420? Well, that references April 20, or 4/20, a day of celebration for marijuana enthusiasts…Bauer started “The 69 Days of Giving” in which he would donate $420.69 daily to a different charity. On the 69th and final day, he pledged to donate $69,420.69 to a secret charity. So, that gives you a bit of a picture of Bauer’s personality and sense of humor. .

Oh, who cares? I love “offensive jokes” that have to be explained so people can find them offensive. The encomium that “if you detect a dog whistle, you’re the dog” seems apt here. Who, except geeks like Baer, look for coded drug and sex messages in salary demands? But Baer was just getting warmed up…

That was mostly fine until two days ago when Bauer responded to a critic on Twitter. The critic, a baseball fan named Nikki, wrote of Bauer, “My new least favorite person in all sports,” tagging Bauer’s Twitter account (@BauerOutage). Bauer responded, “Welcome to the fan club” and included a kiss emoji. If that was the start and end of it, we wouldn’t be having this conversation. But Bauer persisted, repeatedly going after her. …Bauer also replied to Nikki’s tweets publically – direct replies can only be seen by those who follow both parties – which allowed all 134,000 of his followers to get in on the drama and chime in. Bauer was repeatedly inviting his fans to harass Nikki on his behalf, and they did. Nikki ended up temporarily deleting her account. Responding to a Bauer fan who criticized her for deleting, Nikki wrote, “Sorry I didn’t like being told to kill my self for 4 days straight. You’re right. I’m so soft.”

…Why is Bauer’s behavior wrong? Simply put, it’s because there’s a power imbalance and Bauer exploited that to harass a woman, a baseball fan. Even after the online fracas with Bauer, Nikki has only 600 followers. Only a handful of people would go to bat for Nikki, but even a tiny percentage of Bauer’s 134,000 followers going after Nikki constitutes a gross amount of abuse. Let’s say that only 0.5 percent got involved. That’s still 670 people — more than Nikki’s entire follower count. It’s tough to get an actual count of just how many people were in Nikki’s mentions as a result of her interactions with Bauer, but a cursory search shows it’s quite a lot.

In short, Bauer wielded his power – his fame and online influence – improperly and unfairly towards Nikki. He bullied her. It is also notable that Bauer chose to obsess this way over a female critic. He has never gone to this length to challenge a male critic.

Now that Bauer has gone Full Social Justice #MeToo Virtue-Signaling Avenger, let’s unpack this.

First, this isn’t “harassment” by any legal or ethical definition. The woman, who for all Bauer knew could have been  a dog, or President Trump, gratuitously attacked him, calling him in an early tweet, ” a professional athlete that tweets like a 16 year girl on her period.”  Should Bauer have taken the bait and engaged in a nasty exchange? It was unwise. It was imprudent. It was tit-for-tat. However, the playing field was Twitter, and the fan voluntarily engaged him on it. Baer’s argument makes no sense: he is arguing that a non-celebrity can attack a celebrity online and in social media, but if the celebrity strikes back in kind, it’s “punching down.”

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Ethics Warm-Up, Memorial Day, 5/28/18: Things That Don’t Mix

1. Let’s start with some non-traditional casting hypocrisy.

  • Example A: In “The Gentleman Caller,” an Off-Broadway drama by Phillip Dawkins, an imagined romantic interlude between famously gay Fifties playwrights Tennessee Williams and William Inge has been cast with a Hispanic, and Hispanic-looking, actor as the very un-Hispanic Williams, and an Asian-American actor as the quite Caucasian Inge. This is self-indulgent grandstanding by the director that doesn’t serve the play—that’s the director’s duty, to serve the play—and the playwright was a fool to allow it. If the drama was just about two gay playwrights, it wouldn’t matter who was cast to portray them, or what the actors looked like. The identity of the writers is important to this  drama, however. You don’t cast a short, bald man as Abraham Lincoln, and you don’t cast a fat, flat-chested woman as Marilyn Monroe unless you are actively trying to sabotage the play. The New York Times critic didn’t have the integrity to point out the reverse-whitewashing casting-–mustn’t criticize fellow social justice warriors, you know!—but the stunt is both incompetent and discriminatory.

If a director cast an Irish-American and an Italian-American as James Baldwin and Richard Wright in a similar play, he would be excoriated, and rightly so.

  • Example B. Jim Parsons, best known as aging nerd Sheldon in “Big Bang Theory” and now starring on Broadway in the ensemble revival of “The Boys in the Band,” told the New York Times in an interview that the producer insisted that everyone in the cast be gay. Nice. Gay actors have been insisting forever that their sexuality was no bar to their playing straight characters—this is true, if they are any good as actors—but apparently reverse discrimination is fine.  It’s not fine. It’s bigotry.

When my late, lamented theater company revived that play almost 20 years ago, the director, John Moran, himself gay, insisted that the sexual orientation of the actors who auditioned would play no part in his casting decisions, and it did not. I think most of the all-male cast was not gay, but all of them were (and are) excellent.

One of my favorite Clarence Darrow quotes is, “I’m for the underdog. He needs friends a damn sight more than the other fellow. The best fun in life is to fight for the underdog…If the underdog got on top he would probably be just as rotten as the upper dog, but in the meantime I am for him.”

Things that don’t mix: Anti-discrimination rhetoric and discrimination

2. Another “good illegal immigrant” story. Guatemalan woman Gomez Gonzalez was shot to death in a border incident as she tried to enter the U.S. illegally. The episode is under investigation, and the facts are murky: the border patrol claims that she was in a crowd of people trying to cross the border illegally that became threatening and violent.  Here is how CNN begins its account of the controversy:

“Claudia Patricia Gomez Gonzalez traveled 1,500 miles to the United States, hoping to find a job and a better future. Shortly after she set foot in Texas, a Border Patrol agent shot and killed her.”

No bias there! It is absolutely irrelevant to the legal and ethical issues here why Gonzalez was entering the country illegally. She did not deserve to be shot under any circumstances, and she was no more justified in violating our immigration laws whether her objective was to find a “better future” or to open a meth lab. The news media insists on sentimentalizing what is a black and white issue of sovereignty, law-breaking and enforcement, with the intent of confusing the public and demonizing opponents of illegal immigration.

Things that don’t mix: Lawbreaking and status as a virtuous martyr

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