Introduction: On February 9th, 2021, the first day of the second Impeachment trial of Donald Trump, Republican Senator, Mike Lee of Utah, gave an interview on a show called “America’s Newsroom” at Fox News about his thoughts on the trial. He produced a few different arguments in favor of acquittal before one of the hosts for the show played him a clip of several Democratic politicians engaging in apparently reckless rhetoric and encouraging private citizens to confront Republican politicians over various matters. Asked if the Democratic Party wasn’t showing a double standard, Mike Lee’s response to that question is the argument we are looking at here.
Key Facts: Obviously, the events of January 6th are relevant to the topic of the impeachment in general.
Chuck Schumer’s remarks were made in March of 2020 regarding an abortion case then before the Supreme Court, prompting a rebuke from Chief Justice Roberts. Schumer later expressed regrets for the comments. No disciplinary actions were taken against him.
Maxine Waters comments were made in June of 2018 in response to the zero tolerance policies of Donald Trump. She received criticism for these comments from both Democrats (including Pelosi and Schumer) and Republicans (though more of the latter). No official disciplinary actions were taken against her.
Cory Booker’s Remarks were made in July 2018 at the National Conference on Ending Homelessness. (They occur at around the 25 minute mark in the video clip.) Note that Booker’s remarks are not in response to any specific outrage, nor are they focused on any particular enemies; he wants his audience to confront congressmen about homelessness. Senator Rand Paul’s wife later called Booker out for encouraging behavior that led to harassment of her family and an attack on her husband.
For Donald Trump, the actions in question relate to the events of January 6th. He had been calling protesters to converge on Washington on the day in which Congress would count the electoral votes for the 2020 election. As Congress counted the votes, Trump called on those participating to converge on Congress (whether or not he urged peaceful or violent protest is open to debate). What followed was certainly violent. Protesters stormed Congress and shut down proceedings for some time. Seven people were killed, and many others were injured. At least some of the participants appeared to be prepared for violence at the outset, and may or may not have coordinated with officials in Washington to gain access to Congress and evens search for Congressional leadership (as well as Vice President, Mike Pence).
This leaves out a lot of important details, and much of what happened is still in dispute. For the present, that will have to do as far as my account here.
Text: I’m going to present a significant portion of the clip here, but the argument to be analyzed is the quote at the end from Mike Lee.
One of the hosts of America’s Newsroom, Dana Perino wrapped up a previous line of discussion and then prefaced a series of clips with the following comment: “I do want to ask you about this, the Republicans are gonna try and point out that there is a double standard. Take a listen to this.”
Chuck Schumer: “I wanna tell you, Gorsuch. I wanna tell you, Kavanaugh, you have released the whirlwind, and you will pay the price.”
Maxine Waters: “If you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd, and you push back on them, and you tell them, they are not welcome.”
Cory Booker: “Please, don’t just come here today and then go home, go to the hill today. Get up, and please, get up in the face of some Congress-people.”
The segment comes back to Perino who adds: “Democrats are saying, of course, that that is different. How do you see it?”
Mike Lee: “Yeah, look, it’s not different. these are outgrowths of the same natural impulse that exist from time to time among anyone in this business, and in many other businesses. Look, everyone makes mistakes, everyone’s entitled to a mulligan, once in awhile. and I would hope, I would expect that each of those individuals would take a mulligan on each of those statements, because in each instance, they’re making it deeply personal; they’re ceasing to make it about policy, and instead they are talking about getting up in people’s faces and making individuals feel perfectly uncomfortable, and that’s not helpful. I think the best way to handle this is to talk about issues rather than individual personalities.”
(Some conversational repair has been omitted.)
Comments: I am struggling a bit here with the proper language to describe this. In some cases, I feel like I have gone too far in attempting a neutral (or neutral-ish) descripton of key facts. On the other hand, it shouldn’t be too hard to gather what my own take on this is. I think Trump is damned guilty, and I’m not going to pretend otherwise. Nevertheless, I am trying to write this with an eye toward the possibilities at least that the issues in question are currently up for debate.
Statements: I’ve broken the argument up into the following statements. I supplied one implied conclusion, phrasing one version in terms of the figurative speech lee uses and one in terms approximating his likely literal intention.
 It’s not different.
 These are outgrowths of the same natural impulse that exist from time to time among anyone in this business.
[These are outgrowths of the same natural impulse that exist from time to time] in many other businesses.
 Everyone makes mistakes.
 Everyone’s entitled to a mulligan, once in awhile.
 I would hope, I would expect that each of those individuals would take a mulligan on each of those statements.
 In each instance, they’re making it deeply personal.
 They’re ceasing to make it about policy.
 Instead they are talking about getting up in people’s faces and making individuals feel perfectly uncomfortable.
 That’s not helpful.
 I think the best way to handle this is to talk about issues rather than individual personalities.
[12a] [Trump should get a Mulligan.]
[12b] [Donald Trump’s actions leading up to the events of January 6th should not result in an impeachment conviction.]
Diagram: The biggest question I had about the diagram was how to fill in a couple some of the relevant information Lee doesn’t quite state himself. I thought the missing conclusion was fairly obvious, but I struggled with whether or not to spell out an assumption about just what the nature of Trump’s alleged transgressions really were. Senator Lee never actually says anything about the nature of Trump’s conduct, or possible transgressions, at least not in this segment. This leaves a gaping whole in the argument. Without more guidance as to just how Lee sees Trump’s own actions, I thought it best to refrain from attempting to phrase it for him.
I added some phrasing to this diagram suggesting a loose paraphrase for each of the major themes of the argument.
Discussion: This argument includes the following topics: Analogy, Double Negation, False Equivalence, Interactional Eclipse, Missing Assertions, Red Herring, Tu Quoque.
Analogy: What really stands out in this segment is an argument from analogy, namely the claim that Trump’s actions are comparable to those of a golfer in need of a mulligan (i.e. a second chance). This raises questions about just how fitting the analogy really is. Whether or not Trump’s actions (or those of the Democrats mentioned in the video) could be viewed as the moral equivalent of a botched shot in a game. More to the point, the question at issue would be whether or not his actions could be considered worthy of a second chance (given without penalties, and perhaps without an expression of contrition). A mulligan requires neither punitive actions imposed by others nor an expression of regret, nor a change of heart, so to speak, but such things are commonly expected of those who have committed moral transgressions. To the degree that Trump’s actions might be thought to have moral significance, this argues against the notion that giving him a second chance under the circumstances would be equivalent to granting someone a mulligan in golf.
A second analogy underlies the first, this being the comparison between Donald Trump’s actions leading up to the events of January 6th and those of the Democrats featured in the video. Even if the notion of a mulligan is not really applicable to Trump’s own actions, the comparison between his actions and those of the Democrats featured in this segment is the real point of the argument. Lee’s description of their actions underscores the notion that what was wrong with their actions is the degree to which they made politics personal rather that focused on issues. It seems likely that he meant to suggest that Trump’s actions were comparable.
Possible points of disanalogy? At least 2 of the Democrats (Schumer and Waters) in question were condemned by leaders within their own party, and one of them (Schumer) did express regret for his actions. The third (Booker) was not suggesting that people attack anyone personally, but rather that they take action to call the issue they cared about to Congress people instead of just attending the function at which he spoke. One could perhaps argue that Schumer and/or Waters ought to have faced some sort of disciplinary actions, especially if Trump is to face impeachment over his. Against this, one must weigh the prospect that Trump’s own actions amounted to an effort to incite a riot or even a general insurrection against the United States Government in a concerted effort to overturn the results of an election. One must also consider that lives were lost in this effort, and that Trump as well as many of the participants in the actual riot expressed clear intent to engage in actual violence (even lethal violence) at the outset of the events of January 6th. Somewhere in here, we must also consider the significance of unfounded accusations about the validity of the election and a massive effort to promote dubious arguments to the general public in advance of the calls for protest on January 6th. I know of no comparable case to be made in regard to any of the Democratic examples featured in this video.
This does not mean that the actions of all 3 Democrats featured above is beyond reproach; but it does undermine Lee’s efforts to cast them as essentially the same problem posed by Trump’s role in the events of January 6th.
To say that the analogy is strained would be putting it mildly.
Double Negation: Statement number one; “It’s not different” is of course equivalent to saying the behavior is the same.
False Equivalence: As noted above (in Analogy), there are good reasons to believe the Democratic behavior above is not equivalent to that of Donald Trump, which would make this an example of false equivalence. Arguably, this is the main thrust of Lee’s argument, an effort to convince the public that what Trump did was no more than what each of these Democrats did.
Interactional Eclipse: As a Senator, Mike Lee, is officially on the jury for this impeachment trial. He is also, a player in the events of the 6th. What his role was on that day is up for debate, but the point is that he is himself implicated in the debate over impeachment. His likely stance on this matter is thus something of a foregone conclusion, and his arguments may thus be taken with a grain of salt. As with the rest of the impeachment, there is a very real sense in which we know what the major parties are likely to do, and their stated reasons for doing so may have little to do with the reasons for their actual decisions on the matter. This is not entirely unusual with argumentation, but it is at least a little more of a problem in a highly political trial. (By political here, I mean that the actual vote to convict or acquit will be made by political actors without the benefit of normal trials for either civil governing criminal evidence.)
At least one feature of Lee’s argument is directly effected by the politics of the situation. He never makes a case for the exact equivalence of Trump’s actions to those of the Democrats. To do so, he would have to say what he thought Trump might have done wrong, but as an active ally (and possible co-conspirator) of Trump, he is not going to do that. The argument would be more coherent if he did, but the social context in which the argument takes place makes this a bad strategy.
Missing Assertions: The final conclusion of Lee’s argument is unstated. He is obviously suggesting that Donald Trump too should be allowed to take a mulligan, so to speak. I have framed the final conclusion of the argument (statement 12) in terms of both the metaphor itself (12a) and in in terms of its substantive political significance (12b).
Red Herring: In one respect, we could address lee’s remarks as a simple red herring. He is responding to an indictment of Donald Trump by addressing questions about the behavior of someone else. This is clearly a diversion tactic.
Tu Quoque: The accusation that Democrats have themselves misbehaved in a manner to that of Donald Trump is in another respect an example of the tu quoque variation on the ad hominem fallacy. We might even say that 1, 2, or all 3 of these Democrats behaved wrongly. This does not mean that Trump did not do anything wrong. Neither does it demonstrate the he should not be convicted in an impeachment trial. If, perhaps all three of the Democrats in question are equally worthy of impeachment (which is doubtful), then this as easily proves they should have been impeached as it proves that Trump should not. Their guilt or innocence is not material to questions about Trump’s actions on and leading up to January 6th.
Evaluation: I’m just taking each of the major themes in turn.
2+3 -1: It isn’t clear just what impulse Lee is talking about Neither is it clear that any impulse explains Trump’s actions leading up to the events in question. Neither statement 2 nor 3 appear to be true, so this is unsound.
4+5 -> 1: It isn’t clear what it means to say that everyone deserves a mulligan. Some errors might be more worthy of a mulligan than others. Neither of the premises behind this argument distinguishes between acceptable errors and those that are simply unacceptable. This one too is unsound on account of its untrue premises.
7+8+9 ->10 It isn’t entirely clear that the premises here are meant to prove 10; they may all be just elaborations of the same point. In each case, this seems like a fairly reasonable way of describing the problem with the Democrats statements featured in the video (Booker’s speech might be an exception). In any event, I find the claims plausible and the conclusion does follow reasonably. This part of the larger argument seems fine to me. Sound.
10+11->6: Again, I think this is a fairly reasonable argument about the significance of the Democrat statements in the video, and perhaps even about politics in general. One might find it frustrating to see Mike Lee advocating a principle he (and Trump) do not necessarily follow themselves, but that is not a reason to reject his conclusion here. (To do so would be to engage in the tu quoque fallacy.) Sound.
1+6 -12: The real problem here is the truth value of statement 1. Lee’s psychological commentary on motivations and generalizations about everyone needing a mulligan do nothing to establish any serious position on Donald Trump’s role in the events of January 6th. So, Lee does nothing, NOTHING, to show that the behavior of the Democrats is comparable to that of Trump.
The lack of a clear statement about what Trump did wrong is perhaps to be expected. After all, why would he make even the beginnings of a case against Trump’s actions or his character at the start of a trial in which he clearly hopes will end in acquittal? Nevertheless, it leaves the entire comparison without one of its key components. We know only what happened in the Democrat examples, not how the significance of those examples compares with anything Trump did.
As I have indicated in various places (mainly Analogy) here, there is little reason to believe that Trump’s actions could reasonably be described as equivalent to those of the democrats in question. Simply put, calling for rude and verbally aggressive behavior is not equivalent to inciting a insurrection that got 7 people killed, and countless others injured, to say noting of the attack on our nation’s government. This is essentially what Trump is accused of doing. We an debate whether or not he is guilty, but if he is guilty of doing that, it probably isn’t the kind of thing that gets anybody a mulligan.
Literal or metaphorical.
We could spell out a missing assumption addressing the significance of Trump’s actions in support of statement 1, but it would just be a false assumption and so we would still end up with no reason to accept statement 1 as true.
This inference is unsound because statement 1 is untrue.
Overall: Unsound. The arguments leading to statement 1 do not address Trump’s actual conduct, and evidence suggests that his conduct is not comparable to that the the Democrats in the video. Neither is his conduct sufficiently trivial to warrant the analogy Senator Lee is using.
Final Thoughts: No, Donald Trump does not deserve a Mulligan.