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February
2007 "Easy Calls"
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Two San Francisco Chronicle reporters, Mark Fainaru-Wada and Lance Williams,
were about to get an 18-month prison term for refusing to disclose the
name of their source of the illicitly leaked federal grand jury testimony
linking Barry Bonds, Jason Giambi and other baseball players to illegal
steroid use. The scribes saved when their source stepped forward---finally---and
identified himself. He is Troy Ellerman, a defense attorney
who counseled two key figures in the federal steroids probe. Ellerman
will plead guilty to the 2004 leak, lying about it, obstructing justice
and disobeying a court order not to disclose grand jury information.
And he will be disbarred. Good, good, and good: lawyers violate the
most critical aspect of their professional obligations and ethics rules
when they disclose confidences. This is an ethics disgrace, and Ellerman
is a blight on the legal profession. But it is curious, isn't it, that
the same information that is illegal, unethical, and unfair for a lawyer
to reveal makes journalistic celebrities out of the reporters who ensure
that it is as widely disseminated as possible? Indiscriminate information
laundering is a rewarding and lucrative practice for journalists, particularly
those quick to justify any disclosure on the basis that "the public
has the right to know." No wonder they are willing to go to jail to
protect it. The Scoreboard gives an enthusiastic half-salute to Ellerman
for finally coming clean; better late than never. But nobody should
forget how outrageous his conduct in leaking grand jury testimony was,
especially for a lawyer, and we all should ponder why the two men that
facilitated his unethical act shouldn't share some of his well-earned
shame. The fact that the Constitution says journalists can't be punished
for such behavior doesn't mean we can't agree that it's wrong. [2/26/2007]
- The various
websites and news organizations that recently displayed headlines
like "Ice Storm Forces Cancellation of Global Warming Hearings"
got some good chuckles out of the obvious irony, but it was still
misleading and unethical journalism. The clear purpose was to throw
doubt on the legitimacy of global warming claims by the juxtaposition
of seemingly contradictory events, but the news organizations know,
or should, that one storm, ten storms, or even one full year of weather
means nothing in predicting long term climate trends. They are, of
course, playing the same game as global warming advocates and their
doom-saying champion Al Gore, who are prone to point to specific weather
phenomenon like Hurricane Katrina and the recent warm January on the
East Coast as having special significance when they do not. This is
a dishonest practice no matter who does it, or for which point of
view---even when it gets a few laughs. [2/17/2007]
- From Brussels, courtesy
of the Associated Press, comes a story too dumb to resist. Karen Aerts,
37, was found dead at the Olmense Zoo in the cheetah cage where she
had apparently been killed by the same cheetah, Bongo, she had "adopted"
in a special zoo fundraising program. Authorities think Aerts hid
in the zoo until closing, and somehow found the keys to the cage.
But according to zoo spokesman Jan Libot, she had been the victim
of unethical cheetahs. "Karen loved animals. Unfortunately
the cheetahs betrayed her trust," Libot said. For the benefit
of Mr. Libot, someone please translate the following into Dutch or
French and forward it to him. The animals in zoos "trust"
humans to keep them fed and safe from disturbed or intellectually-stunted
individuals, like Aerts, who would invade their territory. They, in
return, should be trusted to behave like the wild animals they are,
which in the case of cheetahs means large, predatory, meat-eating
cats (which are not all that trustworthy even when they are the size
of Garfield) who do not take kindly to strange humans sneaking into
their cages at night. The cheetahs did not "betray" Aerts'
trust. She (and the zoo that failed to instruct her that just because
she adopted Bongo didn't mean that it was safe to drop in for dinner
unannounced) betrayed the cheetahs. And if anyone reads or hears a
more ridiculous statement regarding ethics than Libot's, please sent
it to the Scoreboard. [2/17/2007]
- "I am
deeply sorry, and I am accountable for what has occurred and have
now begun the process of reconciling it and will now begin working
aggressively to advance our agenda in this city and to work hard to
build again the trust, to restore the trust, that the people of San
Francisco have afforded me," is how San Francisco Mayor Gavin Newsom
respond to press revelations that he had carried on an affair with
the wife of his campaign manager and longtime close adviser, Alex
Tourk, precipitating that marriage's collapse and Tourk's resignation.
And this is where the traditional knee-jerk liberal reaction to such
conduct---"it's only sex; it has nothing to do with the job"---becomes
untenable and even ridiculous. Newsom betrayed a friend, colleague,
loyal staffer and employee for his own selfish pleasure. These kinds
of acts have signature significance: ethical, trustworthy people simply
don't do such things, even once. Meanwhile, Newsom's own ethical misconduct
has made it difficult for him to respond properly to that of another
employee. His press secretary, Peter Ragone, has been caught posting
fevered defenses of the Newsom administration to various news blogs
in the city writing under fake names and using vitriolic rhetoric,
and lied to journalists who questioned him about it. A lying, deceptive
press secretary should be fired, but a lying, treacherous mayor isn't
in the strongest position to make a moral stand. So far Newsom has
reacted to Ragone's dishonesty by pronouncing it a minor mistake in
judgement. The scary thing is that he might actually believe it. The
mayor has no options other than to say he's sorry about his own miserable
behavior, fire Ragone, and then set out to prove that while he may
betray a close friend and loyal employee by destroying his family
for sexual gratification, while running the city he is as forthright
as George Washington, as loyal as Sancho Panza, and as trustworthy
as Atticus Finch. Good luck with that. History and experience tells
us that this is an impossible task because it violates human nature.
If your friends can't trust you, nobody else should either. [2/13/2007]
- Just
because you have the right to file an absurd and disruptive lawsuit
doesn't make it ethical, and the recently dismissed tote bag discrimination
lawsuit by Los Angeles psychologist Michael Cohn shows why. According
to the Associated Press, Cohn was somehow offended that only women
were given a tote bag at a 2005 Mother's Day promotion by the Anaheim
Angels; he said it was "discriminatory." So he found a similarly
warped lawyer to bring a class action suit alleging that every male
and woman under 18 who didn't get a precious tote bag was owed $4,000
in damages because their human dignity was wounded. Hey, I'm sympathetic;
I know how I go into a depression when I don't get another generic
tote bag to add to the dozens I use to hold old grocery bags and transport
newspapers for recycling. The Angels, being in California and thus
obliged to avoid even really stupid claims of political incorrectness,
cravenly changed their Mother's Day promotion because of the suit:
at the 2006 Mother's Day game, the first 25,000 fans in the park got
Mother's Day gifts and would have even if every one of them was a
big, hairy, single guy. And they sent Cohn four tote bags. That still
wasn't enough for him to drop his crusade, however. It took a judge
to throw his case in the crapper from whence it came. Law suits like
this use up public resources, waste time, and generally represent
one self-centered individual's attempt to make the world march to
his off-key tune. One has a right to go to court, but an obligation
not to trivialize that right. [2/7/2007]
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