Ethics Dunce, One Way Or The Other : Former Yankee Slugger Mark Teixeira

Mark and Robbie…

Major League Baseball is still buzzing about the shocking half-season suspension of Seattle Mariners second baseman Robbie Cano, which I wrote about here. Among the more unethical buzzes were the comments from former New York Yankee star Mark Teixeira, now a baseball analyst for ESPN, who played with Cano before he left the Yankees as a free agent. Asked about Cano’s testing positive for an agent used to mask steroid use, Teixeira said,

“Yeah, I don’t really want to get into too much detail. I love Robbie. I’m just not surprised. I don’t really want to go too much further, but I think a lot of people are kind of saying the same thing….Let’s just use this situation here. Robbie Cano’s assistant was on the list for Biogenesis. [Biogenesis was the sports medicine clinic involved MLB’s 2013 PED scandal that resulted in the suspensions of 14 players, including Yankee superstar Alex Rodriquez and former National League MVP Ryan Braun.] Now, of course, [Cano] had an assistant, you know, buy stuff for him. Alex Rodriguez got popped by Biogenesis, and [former Yankees outfielder] Melky [Cabrera] got popped. They were best friends. When someone gets lumped into that group, it’s because there’s evidence. There’s a paper trail. There’s a smoke trail.”

Foul. Continue reading

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading

My Verizon WiFi Ethics Dilemma

ProEthics (and our home, where it resides) is in Alexandria City, in Northern Virginia. We are dependent on the internet, but cannot get the high-speed variety, Fios, from Verizon, our provider. This has significant business and personal consequences: for one thing, it means that I can’t load video commentary on Ethics Alarms as I have wanted to do for years. For another, Verizon’s DSL service, at least mine, sucks. Lately it has been kicking out many times every day, sometimes after only being up for a few minutes.

We have called Verizon many, many times, in various states for fury,  to ask when  Fios will be available. The answers are scripted and vague, made to sound like the service will be available imminently. Nothing changes, however. Alexandria isn’t Hooterville: there are many businesses, and the residents would be a prime market for high-speed internet.

What’s going on here? Continue reading

Holiday Ethics Assigment: Quick! Watch These 25 Great Old Ethics Movies Again Before You Go Bonkers Too!

movie-theater

I am compiling a new list of great ethics movies to help those troubled by the recently completed Presidential campaign, the election and its aftermath. I haven’t decided whether to reveal it piecemeal, or collectively as I have before, but I do need to begin by presenting the previous list of 25, actually the combination of several previous posts. Ethics films I have covered individually since those lists debuted, like Spotlight and Bridge of Spies, will eventually be added.

For now, here’s the top 25. Don’t pay attention to the order.

1Spartacus (196o)

The raw history is inspiring enough: an escaped gladiator led an army of slaves to multiple victories over the Roman legions in one of the greatest underdog triumphs ever recorded. Stanley Kubrick’s sword-and-sandal classic has many inspiring sequences, none more so than the moment when Spartacus’s defeated army chooses death rather than to allow him to identify himself to their Roman captors (“I am Spartacus!”)

Ethical issues highlighted: Liberty, slavery, sacrifice, trust, politics, courage, determination, the duty to resist abusive power, revolution, love, loyalty.

Favorite quote: “When a free man dies, he loses the pleasure of life. A slave loses his pain. Death is the only freedom a slave knows. That’s why he’s not afraid of it. That’s why we’ll win.” [Spartacus (Kirk Douglas)]

2.  Hoosiers (1986)

“Hoosiers” is loosely based on true story, but its strength is the way it combines classic sports movie clichés—the win-at-all-costs coach down on his luck, the remote superstar, over-achieving team—into a powerful lesson: it isn’t the final victory that matters most, but the journey to achieving it.

Ethical issues highlighted: Forgiveness, generosity, leadership, kindness, courage, loyalty, diligence, redemption.

Favorite quote: “If you put your effort and concentration into playing to your potential, to be the best that you can be, I don’t care what the scoreboard says at the end of the game, in my book we’re gonna be winners.” [ Coach Norman Dale (Gene Hackman)]

3. Babe (1995)

A wonderful movie about the virtues of being nice, the greatest civility film of all time. Second place: “Harvey.”

Ethical issues highlighted: Civility, kindness, reciprocity, loyalty, courage, love, friendship, bigotry, bias.

Favorite quote: “Fly decided to speak very slowly, for it was a cold fact of nature that sheep were stupid, and there was nothing that could convince her otherwise…The sheep decided to speak very slowly, for it was a cold fact of nature that wolves were ignorant, and there was nothing that could convince them otherwise”  The Narrator (Roscoe Lee Browne) Continue reading

‘It Profits A Law Firm Nothing To Give Its Soul For The Whole World … But For Hillary, Thornton?’

Once again, a memorable line from the best ethics film of them all, “A Man For All Seasons,” came rushing back to me as I observed another example of professionals abandoning their ethical principles to assist the most demonstrably corrupt Presidential candidate in U.S. history, Hillary Clinton.

Not just her, however, to be fair. The Thornton Law Firm in Boston has used an illegal and unethical maneuver to circumvent election laws and give millions of dollars to the Democratic Party and Sen. Elizabeth Warren, Sen. Harry Reid, President Obama and, of course, Hillary, among others.  The scheme was revealed by the Center for Responsive Politics and the Spotlight investigative team at the Boston Globe.

The firm has just ten partners, but is one of the nation’s biggest political donors. A whistle-blower sent firm documents showing that firm members have been making large donations to Democrats, only to be reimbursed by the firm days or even hours later with bonuses matching the amounts donated exactly.

Federal law limits partnerships–law firms are almost all partnerships—to maximum donations of $2,700 per candidate. This was what is called a “straw donor” plot. “Straw donor reimbursement systems are something both the FEC and the Department of Justice take very seriously, and people have gone to jail for this,” Center for Responsive Politics editorial director Viveca Novak told CBS. Continue reading

Ethics Quiz: Second Thoughts About An Ethics Hero Emeritus

challenger-shuttle-disaster-crew

I periodically read random posts here from years ago, to check and see if I would make a different analysis today, and why. It almost never happens, which is good: though I may not trace all of the steps in every post, the systems, methods, models, values and priorities I use to assess various events and scenarios are established and consistent. I also check older posts when I am uncertain about a new version of an issue I have addressed before. Again, I am almost always struck by how closely my thinking then matches my approach now. I am also often struck by the fact that I don’t recall writing the earlier post at all. There are over 6000 of them, so I don’t feel too senile.

Today, however, I read this NPR story, about a previously unnamed engineer at NASA contractor Morton Thiokol who had been interviewed, with a promise of not being named, by NPR after the Challenger Space Shuttle exploded, 30 years ago. Now Bob Ebeling has finally come forward publicly, and allowed his name to be attached to his tragic story.The night before the launch, he and four other engineers had tried to stop it, because the weather was too cold—it was the coldest launch ever— and their research told them that that the rubber seals on the shuttle’s booster rockets wouldn’t function properly in the extreme temperatures. They begged for the launch to be postponed, but their supervisors and NASA overruled them.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.” It did.

“I was one of the few that was really close to the situation,” Ebeling told NPR. “Had they listened to me and wait[ed] for a weather change, it might have been a completely different outcome…NASA ruled the launch. They had their mind set on going up and proving to the world they were right and they knew what they were doing. But they didn’t.”

Thirty years ago, when Ebeling didn’t want his name used or his voice recorded,  he said he feared losing his job but that,”I think the truth has to come out.” After the interview, the investigations, and the law suits, he left the company and suffered from depression and guilt that has lasted to this day. He told NPR that in 1986, as he watched that horrible video again on TV, he thought, “I could have done more. I should have done more.”

Reading and listening to the NPR story, I agreed with him. He should have done more. I was about to write a post from that perspective, when I realized I had not only written about another engineer who had tried to delay the launch, but inducted him into the Ethics Alarms Heroes Hall of Honor. His name was Roger Boisjoly, and of him I wrote in part…

Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program.

My ethics verdict then? This:

“Can we accurately call Roger Boisjoly an Ethics Hero, even though he didn’t stop the launch? I usually don’t like to call people heroes for doing their jobs. If Thiokol and NASA had behaved ethically, competently and rationally, we would not know anything about his memo or him. He did the right things, as his duties demanded. He alerted management to a deadly problem in plenty of time to address it. When they went forward, he argued and protested, until the decision was final. Afterwards, he told the truth to investigators, so the decision-making problems could be addressed. In his world, in that bureaucracy, this—doing his duty, doing the right thing—took courage. He knew, I am certain, that his career would suffer as a result of his actions. Yes, that makes Roger Boisjoly an ethics hero.”

If Boisjoly was a hero, then so is Ebeling, though Boisjoly spent the rest of his professional life lecturing at engineering schools around the world on ethical decision-making, trying to prevent future disasters.

So please help me resolve a Present Jack vs. Past Jack conflict, by considering this Ethics Alarms Ethics Quiz:

Are Bob Ebeling and Roger Boisjoly really heroes?

Continue reading

AMAZING TALES Of The Obama Administration Ethics Train Wreck: The Whistleblower Protection Agency That Punished Its Own Whistleblower

whistleblower_From the Ethics Alarms mail bag: A commenter asks, “Is there any department, agency or bureau of the executive branch that hasn’t become thoroughly corrupted during the regime of Obama?”

I don’t know, but I suspect not, and this AMAZING TALE supports that conclusion.

The Merit Systems Protection Board is a personnel court of last resort for federal employees who claim that they were unjustly fired, demoted, discriminated against or punished for bucking cultures of corruption in government departments and agencies and revealing, reporting or addressing misconduct by administrators and managers. It’s an agency that exists to bolster courage, integrity, transparency fairness and justice in government, so one would assume that the MSPB would either be as popular in this administration as a toothache, or, in the alternative, so corrupted by the culture emanating from this White House that it cannot be trusted any more than any other agency comfortably seated on board the Obama Administration Ethics Train Wreck.

Here is a clue as to which: Continue reading

Cover-up: Successful

Somebody tell Rep. Gowdy that his committee's investigation is futile. The news media and the public just don't mind being lied to any more.

Somebody tell Rep. Gowdy that his committee’s investigation is futile. The news media and the public just don’t mind being lied to any more.

From USA Today:

One day after the deadly Sept. 11, 2012, attack on the U.S. compound in Benghazi, Libya, the Defense Intelligence Agency concluded the assault had been planned 10 days earlier by an al-Qaeda affiliate, according to documents released Monday by conservative watchdog group Judicial Watch. “The attack on the American consulate in Benghazi was planned and executed by The Brigades of the Captive Omar Abdul Rahman,” said a preliminary intelligence report by the Defense Intelligence Agency, obtained through a lawsuit following a Freedom of Information Act request.

Wait…I thought that Hillary Clinton, State, President Obama and Susan Rice were all laboring under the misconception that the attack was spontaneous and prompted by a YouTube video, and the claims that the Obama Administration was stalling the revelations of what they already knew so Mitt Romney couldn’t challenge Obama’s carefully manufactured narrative that he had terrorism on the run were just partisan sour grapes. That’s been the spin the liberal press has been accepting from the White House for over two years.

What’s going on here? Well, the “narrative” carefully shifted away from the most transparent administration in history lying to the American public to excessive Republican claims that the outpost wasn’t given proper security, wasn’t rescued when it could have been, was the product of criminal incompetence. As soon as those accusations failed, Democrats and the news media promptly adopted the official Obama line: Benghazi was a “nothingburger,” in the contemptuous words of Washington Post columnist Dana Milbank. It was a manufactured scandal of no substance designed to discredit Hillary Clinton.

But no evidence proved that Obama, Clinton and Rice weren’t lying about the attacks being spontaneous and not organized terrorism, and all the evidence has demonstrated the contrary, with this latest piece of the puzzle simply filling in some of the blanks. Of course, the latest story wasn’t even covered by most of the mainstream media; I was shocked to see it in USA Today. Judicial Watch is a conservative organization, you see. To be fair, it’s a whack job conservative organization. That means it could legitimately discover cold fusion and the news media wouldn’t pay attention.

Maybe it isn’t news. After all, the Obama cover-up worked. As Harry Reid said, after admitting his part in the organized effort to make sure that the 2012 Presidential elections was based as much on smears, lies and slight of hand as real issues, “Romney lost, didn’t he?” Hillary’s famous dismissal of the issue in the Benghazi hearings was on the mark: “What difference, at this point, does it make?” Continue reading

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading

Two Deceitful Non-Denial Denials And An Unethically Tardy Whistleblower

Francis

TV shows like “Lie to Me” and “The Mentalist” as well as all the profiling shows like “Criminal Minds” have done a public service by schooling viewers in the tell-tale signs of non-denial denials. Nonetheless, people continue to use them, apparently because they work. Bill Cosby’s lawyers just launched a lulu, responding to the inexplicably re-booted accusations that Cosby was a serial sexual predator in the 70’s. You can’t get more non-denial than this, from lawyer John P. Schmitt on Cosby’s website:

“Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact that they are being repeated does not make them true..Mr. Cosby does not intend to dignify these allegations with any comment.”

There is no denial of the alleged rapes to be found here. Yes, the accusations are “decades old”: So what?  So are questions about whether Lizzie Borden was guilty.  The fact that the allegation are decades old means Cosby can’t be prosecuted because of the statute of limitations, but they don’t change anything about the seriousness of the accusations against the erstwhile “America’s Dad.”

Discredited? How have they been discredited? Cosby paid a settlement in one of the cases: that generally makes the allegations look credible (See: Paula Jones/Bill Clinton; Michael Jackson). Sure: “The fact that they are being repeated does not make them true,” and it also doesn’t make them false. That Cosby doesn’t intend to “dignify” the matter with further comment is strategy and posturing. It is significant that the lawyer did not say “He didn’t do it.”

——————-

[UPDATE: Ah HA! Today that statement was taken down, with this taking its place, a joint statement from Dolores Troiani, counsel to Andrea Constand, and Schmitt:

‘The statement released by Mr. Cosby’s attorney over the weekend was not intended to refer in any way to Andrea Constand. As previously reported, differences between Mr. Cosby and Ms. Constand were resolved to the mutual satisfaction of Mr. Cosby and Ms. Constand years ago. Neither Mr. Cosby nor Ms. Constand intends to comment further on the matter.”

Translation: “Oops. That settlement with the first of Cosby’s accusers was predicated on neither party impugning or accusing the other once the money was paid, and that “discredited” comment risked getting Bill in even more hot water. Never mind!”]

                                                                                                                                  ——————-

Lawyers aren’t permitted to lie, though. Then again, they aren’t supposed to mislead the public with deceitful non-denials, either.

Then we have CNBC’s response to ex-CNBC reporter Melissa Francis, who followed Jonathan Gruber’s admissions of rigged math to get the Affordable Care Act past “stupid voters” with a relevant anecdote of her own. Francis, now a Fox Business anchor,  claims that the network “silenced” her when she questioned the merits and specifically the misleading numbers for the Affordable Care Act when it was being rammed through the legislative process. She told Fox News that she was called on the carpet by CNBC brass and told to stop, on the grounds that such criticism was “disrespectful to the President.”

A CNBC representative responded: Continue reading