Blind Spot: On Free Speech and What Not to Say

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Here's an example; Greg Sargent↱ groans about:

Both-sidesism distilled to perfection. The fact that both sides attacked Hur renders him *intrinsically* noble. It's not worthwhile to determine whether one side's criticism is justified and other's is not, as one side cannot ever be right by definition. This rewards bad faith.

It starts with one reporter, two tweets: Once upon a time↱, NBC News reporter Ken Dilanian declared "total legal exoneration" of Donald Trump about a report that explicitly said it does not exonerate him. Even now, it's hard to comprehend that reportorial take on the Mueller report, but, sure, whatever, that was then,

This week, Dilanian complained on behalf of Special Counsel Robert Hur. The political appointee to DoJ was tasked with investigating what looks like a fairly common problem in Beltway circles because congressional Republicans wanted an investigation. The part of the report that was normal did, in fact, read quite normally: Joe Biden, like many before him, is a politician with clearance who needs to be less casual with government documents. At least, we think so. There's also a maybe not, insofar as some of the classified stuff wasn't classified, and some of it falls into a sock-drawer gray area in which personal papers become something else because a government lawyer needs them to be. Everything about the investigation suggests an empty water glass where conservatives had been complaining of a tsunami. Indeed, Hur even says so: There is nothing to prosecute.

But the thing is, it was always a political stunt, so the basic finding is insufficient for the Special Counsel's needs, so he wrote some extra details into the report, claiming Joe Biden had a bad memory. Democrats were furious at the political stunt, Republicans were furious at the lack of indictment; President Biden even addressed the nation in order to discuss the report; Robert Hur was called to testify before Congress.

The hearing went badly. Congressional Republicans saw one of their political sideshows burn to the ground, and Democrats buried Hur under his own words. Ken Dilanian↱ is distressed:

The Robert Hur hearing is a perfect example of what American politics has become. A career public servant spends a year reaching conclusions that are inconvenient for partisans of each party. So they set about questioning his motives and ethics on national television.

The bothsides, by the way, isn't subtle; inasmuch as bothsidesing is commonplace, this was a little more complicated.

The Robert Hur hearing is a perfect example of what American politics has become. A career public servant spends a year reaching conclusions that are inconvenient for partisans of each party. So they set about questioning his motives and ethics on national television.

In the first place, Robert Hur is not a "career public servant"; he has twice served as a political appointee to Republican administrations, was recalled to political service by Merrick Garland, and practiced in the private sector in between. Moreover, even according to the custom that saw him appointed to this task, Hur was a curious choice for having a controversial record at DoJ.

The conclusions were definitely inconvenient for House Republicans, but what set Democratic tempers alight was that Hur went out of his way to include irregular language in his report; unable to criticize President Biden sufficiently, the Special Counsel included in his report unusual statements assessing Biden's age and memory. Not only was it unusual language for such a report, and Hur unqualified to reliably make such assessments, it also emerged, when the interview transcript was released, that Hur misrepresented the episode. That is to say, not only were Hur's statements deviant, and Hur unqualified to make such assessments, he also lied. So, maybe Republicans were sad that the circumstances didn't call for indictment, but Hur wanted to throw them a bone, and in doing so not only deviated from DoJ policy but appears to have willfully misrepresented the record.

So, sure, congressional Democrats want to hear from him.

For Ken Dilanian, this is called spending a year "reaching conclusions that are inconvenient for partisans of each party". The thing is, Ken Dilanian is not new. He is a longtime government-affairs reporter who knows better.

To be clear: What is inconvenient for Republicans is that the facts don't match what they want. What is "inconvenient" for Democrats is that once again, the Department of Justice has deviated from its own protocols in a manner that distracts and disrupts governance while denigrating and discrediting itself. That it happens to be antiliberal, or oriented against Democrats, is not new, but it does look, walk, and quack like a cravenly cynical escalation.

Take a moment for the equivalence; let it sink in. "Inconvenient for the partisans of each party". Dilanian knows the difference; compared to the idea of a "blind spot", this just doesn't look like an accident.

But Dilanian needs that equivalence, pretending political inconvenience is the only congressional motive, and there's the bothsides, in the setup and necessary for the punch: "So they set about questioning his motives and ethics on national television."

Republicans: Didn't get what they wanted from their man, question his motives. Democrats: Wonder why Special Counsel deviated from normal protocol, and according to what standard.

Inasmuch as a political appointee provided a political controversy, the motive is pretty clear. It's just such a desperate and clumsy performance.

And if the hearing is any sort of "perfect example of what American politics has become", no, it's not a bothsides phenomenon. American partisan polarization has been asymmetric pretty much the whole time Dilanian has been a government-affairs reporter.

Or, perhaps, we can wonder about the breadth of Dilanian's blind spot, or perhaps what passes for reasonable accommodation. The political appointee he described as a career public servant actually resigned from the Department of Justice the day before his scheduled testimony; not only did this affect the range of what he could discuss, i.e., permitting him to engage in political speech, it also allowed him to prepare for his testimony with political consultants. Another way to look at it is the poor gut spends a year producing a political controversy, and refuses to stand by own work. When Hur would not stand by his own words, instead only acknowledging what the report said, or what the transcript said, he made clear that even he didn't trust his report.

And Ken Dilanian isn't new. He's spent over fifteen years covering Congress, justice, and intelligence. There is no way these details have slipped past him unnoticed. And while the tendency toward bothsides fallacy is actually part of the American journalistic expectation of fairness, it seems far more interesting decision that Dilanian should blatantly misrepresent record and circumstance in order to set up his fallacy.

That is, it's one thing if the "view from nowhere" discredits reporters by pretending ignorance, but Dilanian's assessment goes even further, relying on explicit misrepresentation. It's not just that Dilanian "rewards bad faith", but that he intends to.

And, in terms of the blind spot Sargent described, no, this kind of political sleight just doesn't work both ways.
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Notes:

@DougJBalloon. "An NBC reporter, then and now." X. 12 March 2024. Twitter.com. 14 March 2024. https://bit.ly/3wXG4af

@GregTSargent. "Both-sidesism distilled to perfection. The fact that both sides attacked Hur renders him *intrinsically* noble. It's not worthwhile to determine whether one side's criticism is justified and other's is not, as one side cannot ever be right by definition. This rewards bad faith." X. 12 March 2024. Twitter.com. 14 March 2024. https://bit.ly/4cdAII1

@KenDilanianNBC. "Folks, this is a total legal exoneration of the president. Congress will want to know more, of course. But the topline: No conspiracy, no obstruction." X. 24 March 2019. Twitter.com. 14 March 2024. https://bit.ly/3vcQfqU

—————. "The Robert Hur hearing is a perfect example of what American politics has become. A career public servant spends a year reaching conclusions that are inconvenient for partisans of each party. So they set about questioning his motives and ethics on national television." X. 12 March 2024. Twitter.com. 14 March 2024. https://bit.ly/3v1LoJf

 
Cruelty: Time & Tide

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Journalist David Roberts↱ observes:

Everything that is horrifying journalists about Trump these days is a standard feature of the far right and has been for decades. It had to be concentrated in a single figure and shoved in their faces repeatedly for almost 10 years before they acknowledged it.

"Go actually watch a Trump rally" today could have been "go watch a few hours of far-RW media" any time since the '90s. You'll find all the same ugliness, lies, & cruelty. It isn't Trump; it's the right. Has been. AMAZING what it took to force mainstream journos to pay attention.

And there is no guarantee those journalists will understand what they are finally seeing. Again↗: What is a blind spot, an accident, that persists for decades?
____________________

Notes:

@drvolts. "Everything that is horrifying journalists about Trump these days is a standard feature of the far right and has been for decades. It had to be concentrated in a single figure and shoved in their faces repeatedly for almost 10 years before they acknowledged it." X. 18 March 2024. Twitter.com. 18 March 2024. https://bit.ly/4adifJG

 
Let's start with the twitform; Greg Sargent↱ asserts:

Media is being too credulous about Trump's threats to prosecute Ds "for revenge." This implies he's just threatening to do what is being done to him. That's deception. He's vowing evidence-free prosecutions. That's *not* what's happening to him.

Trump's exchanges with Dr. Phil and Hannity showed that even his friendliest interviewers can't disguise his lawless intentions for a second term. But they also showed what a monstrous scam it is when Trump says he'll prosecute in "retaliation."

Media frame is: Will Trump seek "retaliation," or won't he? But that lets him set the terms of debate. He is expressly vowing prosecutions *solely because* he's been held accountable to the law, meaning he'll prosecute with no evidence of wrongdoing.

This is important: "But that lets him set the terms of debate."

Sargent points to↱ "the basic difference between bringing prosecutions in keeping with evidence and rule of law, and bringing them as purported 'retaliation.'" And here, toss a coin: "Why would casual readers infer this distinction?" It is not an unfair question:

The Dr. Phil/Hannity exchanges are pernicious because they treat it as a *magnanimous favor* Trump would be doing for the country if he shows forbearance and refrains from prosecuting Ds. But he has zero basis for seeking "revenge" in the first place!

And there↱ we are: It sounds almost pathetic, but consider who benefits from this sort of rubber-glue simplicity. In a related issue, former Republican hand Ron Filipkowski↱ notes of Sen. Tom Cotton, "Every. Single. Time." The Arkansas Republican made a point of complaining about "leftists" when defending the corruption of Supreme Court Justice Clarence Thomas: "If leftists can't control an institution," Cotton accused, "they try to delegitimize it." Similarly, stop and think about what basic differences the accusation requires we somehow reconcile: Millions of dollars in irregular benefits, more than half of which goes unreported, and concerns about this behavior "are nothing more than bad-faith attempts to intimidate the Court"; this is one of those post-rovian arguments where conservatives take their worst aspects and accuse other people of behaving that way. The question of how many ways the Supreme Court has injured itself is its own discussion, but anyone willing to bothsides the argument ought to consider what basic differences must first be reconciled, or, at least, pretended around. Even before we square Justice Thomas' behavior with history, there is also the question of delegitimization, and even the surrender of Sen. Susan Collins (R-ME) to the delegitimization of law enforcement and judiciary alike.

The basic question, as applied to Donald Trump, is whether one believes the two circumstances are equal. Remember, there is no question that certain behavior and events occurred; in these cases, the question is whether or not what has been illegal should remain so, or if we need to call it all off for Donald Trump. The social media reminder↱ goes, "Trump is not arguing that he's innocent, he's arguing that he has a right to be a criminal."

Sargent also has a longer version↱, via The New Republic:

The idea that Trump should pursue "revenge" and "retribution" for prosecutions is everywhere on the right. After a federal judge ordered Steve Bannon to surrender to prison, numerous MAGA influencers, including the MAGA God King himself, angrily vowed such payback. Republicans have said Trump should "fight fire with fire" (Senator Marco Rubio) and that GOP district attorneys should declare open season on Democrats (Stephen Miller). Trump, of course, has offered many versions of this, including to Dr. Phil and Hannity.

In the media, this story tends to be framed as follows: Will Trump seek "revenge" for his legal travails, or won't he? But that framing unwittingly lets Trump set the terms of this debate. It implies that he is vowing to do to Democrats what was done to him.

But that's not what Trump is actually threatening. Whereas Trump is being prosecuted on the basis of evidence that law enforcement gathered before asking grand juries to indict him, he is expressly declaring that he will prosecute President Biden and Democrats solely because this is what he endured, meaning explicitly that evidence will not be the initiating impulse.

You might think this distinction is obvious—one most voters will grasp instinctually. But why would they grasp this? It's not uncommon to encounter news stories about Trump's threats … that don't explain those basic contours of the situation. Such stories often don't take the elementary step of explaining the fundamental difference between bringing prosecutions in keeping with what evidence and the rule of law dictate and bringing them as purported "retaliation." Why would casual readers simply infer that prosecutions against Trump are legally predicated while those he is threatening are not?

To appreciate the challenge this poses to the discourse, imagine an ordinary voter watching Trump's exchanges with Dr. Phil and Hannity. Both interviewers treated it as self-evident that the prosecutions of Trump are illegitimate. Amusingly, they cast Trump's dilemma as a profoundly weighty cross to for him to bear, suggesting that if his foes are granted forbearance, it might be deeply unfair to Trump—given what they put him through—but would showcase his boundless magnanimity in sparing the country from tit-for-tat escalation.

The thing is, these intersections of behavior and circumstance are not equally distributed throughout the political spectrum. And in the history of journalism, pretenses like straight news, or the view from nowhere, have managed to dilute and even distort reportage according to uncertain, inconsistent, and even mysterious assertions fairness. Consider Sargent's suggestion↱:

So let's lay down a marker: Every media report on Trump's threats should convey clearly what the news org itself knows: That the prosecutions of him are in keeping with evidence/rule of law, and what he's threatening is deeply destructive to it.

If this idea feels complicated and unwieldy, that might be because it is. In a certain context, such deliberate demonstrations are extraneous, at least. But that is also an important part of what Sargent describes as a blind spot↑. The certain context by which such journalistic demonstrations are extraneous is not necessarily in effect. It's like the old joke about reality having a left-leaning bias; if the shuffled deck we deal from is suited only to conservative fancy, then reality will consistently occur somewhere off to our apparent left.

We could have laid such markers, years ago: Every media report on anti-gay Christians complaining that their rights were under threat should have clearly conveyed they were talking about make-believe rights, and their demands were deeply destructive to rule of law, but that would have been too political. And, think about it: Evolution. Birth control. Potty police. Trump. These intersections of behavior and circumstance are not equally distributed throughout the political spectrum.

And that certain context in which particular demonstrations are extraneous, there is in effect a standard of, if not outright good faith, at the very least a sort of honor among thieves in which the boundaries of pretense keep the whole thing from falling apart.

But at what point, then, should the press have buried Donald Trump? Or conservatives? And if we think through what that means, can we really imagine the press, as such, making that kind of stand over the course of how long? How many column inches over, say, the last thirty years, could newspapers have spent explaining the difference between considering the merits and failures of a policy argument, to the one, and perpetually assuaging bad faith, to the other? While it most assuredly would have looked, to many, like political bias, how many of those would actually have cared?

This sort of blind spot is not a new phenomenon; the question of a blind spot comes with massive implications: What is a "blind spot"—i.e., an accident—that persists for decades?
____________________

Notes:

@BarbaraHershey8. "Trump is not arguing that he's innocent, he's arguing that he has a right to be a criminal". X. 7 June 2024. X.com. 8 June 2024. https://bit.ly/3VjaVqj

@GregTSargent. "Media is being too credulous about Trump's threats to prosecute Ds "for revenge." This implies he's just threatening to do what is being done to him. That's deception. He's vowing evidence-free prosecutions. That's *not* what's happening to him. 1/". (thread) X. 8 June 2024. X.com. 8 June 2024. https://bit.ly/3VyK8HO

@RonFilipkowski. "Every. Single. Time. something new is revealed about Thomas accepting more bribes, Tom Cotton is right there defending him and blaming Democrats." X. 7 June 2024. X.com. 8 June 2024. https://bit.ly/3wYf4bb

Sargent, Greg. "Trump's Bizarre Moments With Dr. Phil and Hannity Should Alarm Us All". The New Republic. 8 June 2024. NewRepublic.com. 8 June 2024. https://bit.ly/45fpeR7
 
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