Rudy *follow up*

Yesterday it seemed to me that Rudy Giuliani was not doing the standard relativist argument, but, more ominously for our democratic institutions, was (incoherently) challenging the adversarial process for settling questions of fact.

The initial relativism of factual claims is the condition of the adversarial legal system. Someone says x, someone says y, and an impartial judge listens to their arguments and makes a factual determination. The presupposition is that both cannot be correct.

Giuliani seemed to be arguing that because of the disagreement over the factual claims at issue in this case, no resolution is possible, and so any result at all is bound to be unjust to one of the parties. Naturally, this view itself favors one of the parties (conveniently, his).

Today, however, it seems he’s just about to go full relativism, but only with regard to certain questions.

Consider the following exchange from an interview with Fox News:

MacCallum: What did you mean by that?

Giuliani: Oh, very simple. I’m talking about in this particular situation, one person says the Flynn conversation took place. The other person says the Flynn conversation didn’t take place. What’s the truth? You tell me how you figure out the truth. 

MacCallum: Well either it did or it didn’t.

Giuliani: It’s like the tree falling in the forest. Did anybody hear it? I mean how do we know what the truth is?  

MacCallum: You’re talking about whether or not the president asked James Comey to go easy on Michael Flynn. And James Comey says he did, and the president says he didn’t.

Giuliani: That’s right and they will possibly charge him with perjury should he give that answer. That’s why I’m saying in situations like this, to prosecutors, the truth is relative and it’s not absolute like some philosophical concept.

Unlike the tree case, there were observers to whatever conversation we’re talking about–namely, the participants. So points off Giuliani for not noticing that.

Now again it seems to me that the law does have a system for handling cases of, what to call them, extreme factual disagreement–a trial. If it is the case, as Giuliani alleges, that nothing can be known for certain, then there’s a default setting (to the defense).

So Giuliani again balks at embracing full-throated relativism. He’s only a relativist when it’s convenient.

 

Pontification on moral theology

In a conversation with NBC’s Chuck Todd on Meet the Press, Donald Trump’s personal lawyer, Rudy Giuliani, remarked, puzzlingly, that “truth isn’t truth.” Here’s Politico’s reconstruction of the exchange:

“When you tell me that, you know, he should testify because he’s going to tell the truth and he shouldn’t worry, well that’s so silly because it’s somebody’s version of the truth. Not the truth,” Giuliani told Chuck Todd on NBC’s “Meet the Press” on Sunday morning

“Truth is truth,” Todd responded.

“No, no, it isn’t truth,” Giuliani said. “Truth isn’t truth. The President of the United States says, “I didn’t …”

A startled Todd answered: “Truth isn’t truth?”

Giuliani: “No, no, no.”

Todd said: “This is going to become a bad meme.“

This has occasioned lessons in metaphysics from former FBI chief, James Comey:

Not that these guys need any iron-manning, but it seems to me that this (like Kellyanne Conway’s alternative facts)  is pretty banal claim inartfully stated. Even the Politico reconstruction makes this obvious: Giuliani’s worry is that Mueller will be working with a different set of alleged facts, so there might be disagreement that looks bad for Trump. I think it’s hard to disagree with this view.

There’s a better version of the objection, I think (and I haven’t seen it yet, but I’m guessing someone somewhere has said this).

A slightly more uncharitable version of Giuliani’s utterance might go like this: Giuliani (and Conway before him) mean to undermine our processes of finding the truth. Part of the process for discovering the truth in our adversarial legal system is an interview such as the one Mueller wants to hold.  It is of course true that Mueller has (probably) collected, at this stage, a set of claims he thinks are true. But, as far as I know, and I am not a lawyer, Mueller is an investigator and not a judge and a jury. He likely also knows this. The problem, then with Giuliani’s claim is that it rejects the adversarial process for the reason that there will be disagreement over which claims are true, which is, after all, the very point of the adversarial process.

Late update. Here’s Giuliani’s Twitter clarification:

The view seems to be that if you have contradictory statements, he-said-she-said, then no process is adequate to discover it. Take note, criminal defendants!

Reverse Authority

In an earlier post, I’d noted the phenomenon of what I’d called the George Costanza rule – that you do the opposite of what you’re inclined to do.  Here’s the Seinfeld clip with the relevant info again:

The point is that if you find someone who you think has all the wrong inclinations, then you have a good bellwether about where things go off the tracks.  Like old Socrates’ daimon.  Call this the phenomenon of reverse authority.

The paleoconservatives have such a bellwether of reverse authority — it’s whatever progressive celebrities say.  And so, it’s headline news over at Breitbart that celebrities are objecting to  President Trump’s rescinding John Brennan’s security clearance.   This, of course, is news only if you think that celebrities with progressive politics are not only wrong about everything, but their statements must be highlighted so as to deepen one’s own commitment.  And a visit to the comments bears this out:

Dr. Strangely Deplorable: Those overpaid narcissistic aberrations known as “celebrities” are a true barometer of another person or groups rationality and Patriotism. If they are “furious”…all is well in the Great Republic at that moment and the war goes on.

It’s a strange place to be when you can tell you’re right only when the people you hate are objecting.

At some point… we’ll all love slippery slope arguments

 

Robert Astorino was on CNN with Don Lemon to talk about whether the Trump tweet calling Omarosa a ‘dog’ was racist.  Here is an edited version of the exchange:

Lemon: What do you think, Rob.  Was it a racist attack? Do you think he (Trump) should refrain from doing this?

Astorino: I don’t think it was a racist attack.  I think he’s (Trump) an equal opportunity offender. In that he goes after….

…. I had no idea that the word ‘dog’ – I knew it was pejorative – I had no idea that it was a racist term. And I don’t think that most people took it as one.

… I actually looked it up in the dictionary, and nowhere does it say that it’s a slang or racial word….

Lemon: Certain words used against certain people have a different context than if it’s used on a person of the larger culture…. Shouldn’t you know the nuances of this?

Robert Astorino: No. The quick answer is that at some point, we are going to get to the word ‘the,’ and ‘the’ is going to be racist. Because, as I just said is it (calling a woman a ‘dog’) pejorative? Yes. Because he (Trump) meant it as that – to punch back at her, figuratively.  Because he was upset – he knew her and she let him down.

The trouble with Astorino’s line of argument is that there are, as we’ve called them in the past, bumpy staircases (instead of slippery slopes) between a white man calling a black woman a ‘dog’ being racist and usage of articles (definite or indefinite, perhaps) being racist.  Lemon’s point about context is part of it, and the long history of animal vocabulary being overused with people of color is the main factor.    So what prevents the slipperiness of this slope is that there isn’t a long history of usage of ‘the’ as a term of abuse, but there have been ones with animal comparisons with people of color.

But notice a further thing with this particular slippery slope argument – it represents the opposition as having a very badly formulated view of the matter.  That the term ‘dog’ doesn’t have racist connotations is right from the dictionary — what a way to portray your opposition, that they don’t know the meaning of words.  The importance here is that with this slope argument Astorino represents the concerns about Trump’s racist overtones as just not knowing what words mean.  Notice, by the way, that the word ‘monkey‘ doesn’t have its racist usage noted in the dictionary, either.