Straw Herring

Has this ever happened to you? You are in a discussion or debate, and the other party brings up something completely irrelevant for the explicit purpose of declaring it to be completely irrelevant. You didn’t put the issue on the table. Nobody else did either. It isn’t an established consideration; it’s not a point you would be expected to deal with when discussing the topic at hand. there was no need to cover the point at all, and nobody has actively suggested otherwise. The only person responsible for bringing the issue into the discussion is the one who wants us to know just how irrelevant that point really is.

One frequent, though trivial example of this would be the common rejoinder; “saying true doesn’t make it true.” How often does anyone suggest otherwise, or even loosely imply it? Yet people frequently haul this gem out so they can sound like they are answering a real argument. Perhaps the comment can serve to underscore the lack of support for a claim, but it does so by means of a feigned response to an argument nobody made. And because the person spouting this comment doesn’t actually attribute a claim to anyone, it’s a little more difficult to see his point as a straw man. It’s definitely a variety of red herring, but kind of a distinctive form of red herring. It is in fact an irrelevancy taking the form of a comment about an irrelevancy.

This happens often enough, I think it deserves a name. I christen it “the Straw Herring.”

A Silent Pass?

Introduction: This quote appears expresses theme commonly appearing in progressive rhetoric of late, namely, the notion that phrases like “not all white people” are disingenuous and unnecessary responses to statements critical of whites. Similar arguments are made in other contexts of social justice advocacy and debate (e.g. sexism with “not all men.”)

Key Facts: The meme itself appears to be a quote from @chloemadaleine. I found a twitter account matching the name in question, but it is protected. So, I do not know of any particular details regarding the context in which this statement might have been made. As the meme is circulating about the net these days, it does occur to me that many will experience the argument with no more contextual than I have myself at this point.

Text: “If you’re white and not racist, you will not give a fuck about black people calling white people racist now. Because you know that what you’re saying does not apply to you. If you’re offended, you’re racist. It’s simple.”

ANALYSIS

Comments: The quote above arises out of a problem in the rhetoric of modern progressivism, namely an effort to address concerns about larger, systemic, patterns of social injustice (in this case racism) while retaining rhetoric that still calls out specific people for specific forms of behavior. The notion that some people are racist and some people aren’t hearkens back to more conventional definitions of racism, treating it as a toxic personal orientation whereas the tendency to produce sweeping generalizations is driven largely by an interest in racism as a larger social force which by definition functions to benefit white people. Either definition of racism works just fine on its own, but contemporary social justice advocates (at least in popular circles) tend to invoke the individualized model as accusation even as they insist on larger systemic models when defining what does or doesn’t count as racism. There may be scholars who handle this with more consistency, but the rhetoric of social justice seems caught between its own paradigm and those it disavows without quite leaving behind.

Critics of contemporary social justice advocates typically have a much easier time of it, often insisting on personal models of racism as the only ones that count, thus rendering discrimination against white people pretty much the same as discrimination against persons of color. This too distorts a lot of important issues.

Statements: I am treating item ‘b’ as adding emphasis rather than as a substantive part of the argument. It was tempting to think of a missing assumption in the form of a biconditional statement to the effect that such statements are objectionable/offensive to white people if and only if the white people in question are racist, but this doesn’t seem necessary. The actual text from the meme itself is sufficient to make sense of the argument.

[1] If you’re white and not racist, you will not give a fuck about black people calling white people racist now.

[a] Because

[2] [If you’re white and not racist] you know that what they’re saying does not apply to you.

[3] If you’re offended, you’re racist.

[b] It’s simple.”

Diagram: Unfortunately, the text only gives us one inference indicator [a] which tells us that statement 2 is a reason for something (surely, statement 1). Statement 3 is thrown in without any guidance as it to its relationship to the rest. So, we end up with several possible diagrams. We can start with an inference from 2 to1. Statement 3 is then either irrelevant commentary (diagram I), a second reason to accept statement 1 (diagram II), or a conclusion drawn from statement 1 (diagram III). Alternatively, statement 3 is a separate inference from statement 2 (diagram IV).

I’m inclined to think diagrams 3 and 4 are the most plausible, leaving us with either her last point as her main point or two separate conclusions, one suggesting that non-racists should not be threatened by statements about white racism and one suggesting that anyone who is threatened is guilty as charged, so to speak. Statement 3 packs a Hell of a punch, making it unwise to treat as irrelevant and also unlikely that the line was meant as a mere reason to think of something else. It either shares the stage wit the author’s first point as a final conclusion in its own right, or it was the whole point all along.

Discussion: This topic raises the following issues; Ad Hominem, False Alternatives, Interactional Eclipse, Masked Man Fallacy, Micro-Reasoning, Motte and Baily Doctrines, Bo True Scotsman Fallacy, Satire, Thought Policing, Transposition.

Ad Hominem: The suggestion that any whites who object to generalized statements about white racism must therefore themselves be racists is a classic ad hominem. It effectively refutes any concerns they might offer on the basis of a direct personal attack. Whether this is best thought of as a simple ad hominem (abusive) or the more complex ad hominem (circumstantial) is another question. As it does effectively comment on the motives and biases that whites bring to the issue, it is probably best to consider it a circumstantial.

False Alternatives: Insofar as this argument asks us to distinguish between white people who are racists and those who are not, this argument presents us with false alternatives. In fact, it does so on terms which should not arise at all in account taking the possibility of systemic racism seriously. Simply put, if racism is a feature if society as a whole, then the issue is not who is or is not racist; it is whether or not their specific words and deeds are contributing to racism in any way. It should go without saying under such a view that anyone could fall into racist patterns of thinking and talking. We can even suggest that white people might be more prone to this than others, or at least that we may plug into these patterns in particular ways. What we cannot do with any consistency is divide people (white or otherwise) into a simple binary set of those who are racist and those who are not.

Interactional Eclipse: Insofar as the argument accuses any white person objecting to statements about white racism of being racist in their own right, its interactional significance is rather high. It effectively sends a signal to white people that they should think twice before expressing disagreement. Drawing this line in the sand, so to speak, may well prove more significant than any of the intellectual merits of the argument.

Masked Man Fallacy: One of the more interesting angles to this argument lies in the way it uses definition by extension to answer problems arising from definition by intention. Many of the problems alluded to here arise when statements about white racism appear to implicate whites as a universal class. This can be done explicitly (by saying “all whites” or something to that effect) or by implication (e.g. “white people are like…), which suggests a universal implication without explicitly asserting the quantifier. Either way, a good portion of the objections here come directly from concerns about the possible unfairness or inaccuracy of such categorical assertions. The argument then asks those concerned about such problems to think of themselves as the exception and hence to drop their objections. The problem with this approach lies in the fact that the objections arise precisely because such statements do not admit of exceptions. In effect, the argument answers a question about the intentional meaning of an assertion (everyone?) by virtue of an unspoken extensional consideration (well, not me!).

It should also be said that some white people might object to categorical assertions about white people without necessarily thinking of themselves as the exceptions.

Micro-Reasoning: This was likely a tweet to begin with, and the argument is certainly short. There is only so much precision that can be expected of reasoning presented with such brevity.

Motte and Baily Doctrines: I think it’s fair to see this argument as an attempt to shift between motte and baily (perhaps to defend the bailey from the motte). If we imagine a qualified statement (e.g. ‘some white people do x’) as the motte and a categorical assertion along the same lines (e.g. ‘white people do x’ or even ‘all white people do x’) as the bailey, this argument appears to be a case of someone trying to defend the bailey from the confines of the motte. In effect, the author is saying that there is no need to assert the existence of exceptions because you can just imagine yourself as one of them.

No True Scotsman Fallacy: Normally this fallacy is applied in an effort to defend a positive generalization, but you could see this argument as an invitation for people to imagine themselves as the obvious exception to a negative generalization. You may fit in this awful category, but you’re not REALLY one of them. You get a pass! And since you get a pass, there will be no need to question the generalization, which I won’t be rethinking, because anyone who doesn’t fit the narrative also gets that free pass and we are all good, right?

This too is the NTS fallacy.

Satire: I’ve been dumping on this argument pretty hard, but there is at least one way of thinking about it that might redeem the argument a bit, as a sort of satirical ladder which must be pulled up after one has climbed it. It is as if the author is entertaining the prospect of an exception, only to suggest that that is in itself absurd. What if I really do try to imagine myself as a non-racist? Sure, I’m liberal. Sure, I have black friends (and other clichés). Sure, I disavow racism, and try hard not to discriminate, but can I really say that I am completely free of racist thoughts and deeds? What about that one thing I said last year that I’m still kicking myself about? And then there was that one time, …I mean, I didn’t mean to, but… The point here is that while we can distinguish between people whose personal orientation is more or less consciously racist, we probably cannot point to a person whose thoughts and deeds do not reflect racist assumptions under any circumstances. This is at least one of the implications of systemic racism.

By this approach, the point of the argument would be to let the would-be exception struggle with their own self-awareness a bit, and in the end hopefully conclude they are not so free of racism after all. In effect, the argument starts off by letting people try to make a distinction between racist and non-racist white people only to realize the distinction is untenable.

Whether or not this is what the original author had in mind, I cannot say. I do think that much of the rhetoric for which this kind of argument could be offered as a defense is far more personal and far less subtle than would be consistent with this approach. Simply put, when someone is called racist, the implication is virtually always about their own personal orientation and even moral characteristics. Such accusations are not (normally) about abstract connections to large-scale patterns of social inequity.

Thought Policing: Insofar as the argument effectively stigmatizes any dissenting views, this does suggest a degree of thought policing. That will work better in some contexts than others, but then again it also appears more in some contexts than others.

Transposition: In diagram 2, the inference from 3 to 1 would work by transposition. This is also true of the inference from 1 to 3 in diagram 3. Suffice to say that those inferences are deductively valid.

Evaluation: Obviously, I do not consider this argument sound. Whatever the diagram, the main problem is the implausibility of the central notion that one might object if and only if she is racist. There are a few different ways to imagine this connection, but none of them really work, So, statement 2 doesn’t work as a starting premise for any version of this argument.

Final Thoughts: There is another problem at the root of all those associated with this argument. It’s choice people make in their rhetoric, and that choice involves a real trade-off in terms of the impact one makes on a conversation. Simply put, qualified statements don’t have anywhere near the impact that generalizations (even implied generalizations) can generate. Once people can imagine themselves as one of the good guys, it becomes all to easy to do just that and a nation full of people who know damned well there is a problem can’t seem to find anyone actually responsible for doing anything about it. Also, it doesn’t help that qualified statements are often quantified in vague ways. Changing “all whites are racist” to “some whites are racist” or even “many whites are racist” weakens the claim without actually adding much in the way of precision. Under these circumstances, the temptation to go with a generalization is certainly strong. Leaving out quantifiers altogether (e.g. ‘whites are racist’) still gives an author the strength of a generalization while reserving the possibility of admitting exemptions when pressed about it. So, this kind of quasi-universal language seems to have become a common solution to the problem.

Not surprisingly, a range of would-be allies and folks who fancy themselves as non-racist or even anti-racist are uncomfortable hearing statements that implicate them in racist thought and practice. Hence, the “not all…” rejoinders. Naturally, such responses weaken the impact of the claims in question and often serve to derail the conversation altogether as people haggle over the possibility that some white folks might not be so bad. Strong advocates of social justice thus have an interest in silencing these rejoinders, some of which might be thought of as sealioning or engaging in philosophy dude-bro behavior. Hence, we get arguments like the one presented here.

The problem is that the problem is real, just as the original problem is real.

Pardon me: The problem (with this argument and others like it) is that the problem (of exceptions to sweeping generalizations) is real, just as the original problem (racism) is real.

People have to decide which of these matters more to them and what they want to do about it. This argument reflects a clear choice of priorities; but it also reflects an attempt to force the issue in some very problematic ways.

The Tautology Post is the Post of Tautologies

A tautology is a statement that is true by definition. It thus shares some qualities with circular argumentation, but the principle difference lies in the fact that a tautology takes the form of a single proposition or statement whereas an argument would require an inference from one statement to another.

Note that some phrases are considered tautological in themselves, e.g. “close proximity,” but such phrases are of less interest to argument analysis than tautological statements insofar as the latter skews questions of truth value in interesting ways whereas tautological phrasing generally doesn’t.

Tautologies certainly have specific uses within formal logic and mathematical proofs. In every day speech, tautologies often draw contempt under the impression that those who produce them think they are saying something substantive, but tautologies can also provide emphasis or clarify the relationship between different terms. In some cases, context may suggest a slightly different understanding between the terms in question, thus giving tautologies a degree of substantive meaning not apparent from the surface grammar of the statement. (For example; in the Yogi Berra quote; “It ain’t over till it’s over,” the first instance of over most likely means something like “settled for practical purposes” and the second “officially completed,” leaving us with a quote about the relationship between a possible outcome and an accomplished fact. ) Tautologies can also be used to reject waffling or equivocation by another party (E.g. “Either you did or you didn’t!”).

***

Some of these may or may not be examples of tautological reasoning.

1: Phonological ambiguity at no extra charge!

2: Squid Reasoning (not necessarily tautological, but close enough to get a mention)

3: A circle of violence.

4: If it looks like a Tautology and quacks like a tautology…

5: The sports commentator John Madden is often credited with once saying; “They are simply going to have to score more points than the other team to win the game.” If anyone knows of an exact source, would you mind dropping me a comment?

6: “Boys will be boys.” (Common saying)

7: “There’s nothing you can do that can’t be done. There’s nothing you can sing that can’t be sung.” The Beatles, All You Need is Love, 1967.

8: “It ain’t over till it’s over,” Yogi Berra commenting on a baseball game in 1973.

9: A Whole Song!

10: This example is real, unless it isn’t.

11: Because of course it is.

13: Well, at least it was open when it was open.

14: “‘No’ means ‘no’.” (Common saying.)

15: Had this one on my bumper until I didn’t.

“Nobody’s right if everybody’s wrong” Buffalo Springfield, What What It’s Worth, 1967.

Bulverism

This is one of those hyperspecific fallacies that we may not even need a distinct name for, because we can address all the issues that arise with it by means of other fallacies. You can think of Bulverism as an example of circular reasoning or you can think of it as an example of the ad hominem. What makes Bulverism unique is the special way it seems to combine these two more common fallacies into a single mistake.

The genetic fallacy is also in there somewhere.

Bulverism occurs when someone assumes that another person is wrong and sets about explaining why they came to be wrong. It’s easy to mistake this for a reasonable argument, because they are actually explaining the error, but what they are explaining about the error is the personal history of the individual they believe is making it. What they are NOT explaining, is what makes it an error in the first place. That is simply assumed.

The word condescension sometimes comes up in discussions of Bulverism.

For example; when I say that I think The Searchers is a great film, my girlfriend (Moni) sometimes says; “Oh, you just have a crush on John Wayne.” This is Bulverism. Moni’s response certainly communicates her dismissal of my opinion. She might even be thought to have answered the question of why my views on the movie are wrong, but only if we interpret the ‘why’ in this instance as a request for an explanation of my error rather than a request for a justification of the criticism. In effect, Moni is explaining why she thinks I came to be be so foolish as to think this a great film. She is not telling me on what grounds she believes me to be in error about its greatness. Rather than providing grounds to believe the film is poorly done or refuting my claims for believing it is well done, she simply questions my motives. This is Bulverism.

…and she’s wrong about that movie!

Dammit!

Anyway, the term ‘Bulverism’ was coined by C.S. Lewis who playfully suggested he would one day write a fictional story about a man (Ezekiel Bulver) who discovered at a young age there was no reason to prove anyone wrong when you could simply assume they were wrong and explain their error. Lewis’ point was that people should only go on to field such speculation if and only if they had already shown those they criticize to be in error. Whether or not it is reasonable to comment on other people’s motives once you have established an argument to the effect that they are wrong is of course open to question, but the sort of argument Lewis labels here is certainly fallacious in its own right.

Hatch Schmatch!

Introduction: On Thursday, March 25th, 2021, newly appointed Secretary for Housing and Urban Development, Marcia Fudge spoke at a White House press briefing. During this talk, a reporter asked her about some political races in Ohio. After initially declining to answer to answer a question about filling her old seat in the House of Representatives, she responded to a follow-up question about an upcoming Senate race for Ohio by discussing the Democrat’s prospects for winning the seat. Subsequently, reporters began asking questions about whether or not she had violated the Hatch Act in providing these answers.

This tweet is one of many in which apparent supporters of the Biden administration expressed varied levels of frustration over the criticism in view of the previous administration’s record of frequent violations without consequences.

Key Facts: As indicated in this article by CNN, there is some question about whether or not answering questions about Democratic prospects in upcoming elections violates the act inasmuch as it borders on actively using the office and the press conference to advance partisan messages.

As also indicated in the CNN article, members of the Trump administration frequently violated the hatch act without significant consequences. I think it fair to characterize many of these violations as flagrant.

Text: The top tweet in the image to the left is the argument in question. I left the second tweet in as it is an example of the sorts of questions Haley Sheley was responding to. Anyway, the argument is as follows:

“I’m old enough to remember Trump having a campaign rally on the White House lawn calling, his then campaign opponent, Joe Biden a socialist. So, I don’t wanna hear how Marcia Fudge MAY have violated the Hatch Act by answering a reporters question about the Ohio Senate race. GFTOH”

(Emphasis in original)

ANALYSIS

Comments: In case it isn’t obvious, “GFTOH” means “Get the fuck out of here!”

Statements: The argument is as follows:

[1] I’m old enough to remember Trump having a campaign rally on the White House lawn calling, his then campaign opponent, Joe Biden a socialist.

So

[2] I don’t wanna hear how Marcia Fudge MAY have violated the Hatch Act by answering a reporters question about the Ohio Senate race. GFTOH”

Diagram: The diagram is simple enough.

2 -> 1.

Discussion: This argument raises the following questions; False Equivalence, Micro-reasoning, Moral Reasoning, Qualification, Tu Quoque.

False Equivalence: As the argument certainly involves some questions about comparisons here, it might be tempting to ask questions about whether or not this is an example of false equivalence, but if there is a disparity in the actions compared in this instance, it is probably one that points the other direction, so to speak. As the author of this argument points out, correctly, I think, the Trump administration is guilty of far greater violations than the one which Fudge is accused of making.

Micro-Reasoning: This is a brief argument dealing with a complicated issue. It might well be that problems with the reasoning here stem partly from the limitations of micro-blogging.

Moral Reasoning: As this argument is about misconduct, it does raise questions about the nature of moral principles, but these questions are complicated by the legal and political context of the principles at stake. It would be fair to suggest that the Hatch Act imposes moral responsibilities on government officials. On the other hand, these obligations are complicated by the viability of the political system. There are legitimate questions about whether or not one is still obligated to follow a law that has been virtually ignored for 4 years. Likewise, there are questions about whether or not such an obligation can be reasonably imposed on one political party alone.

Qualification: As noted above one of the points this author makes in her tweet is established by the all-caps to emphasize the term “MAY.” In effect, she is reminding us that it is by no means clear that Secretary Fudge actually did break this law by answering a question raised by a professional journalist in the context of a press conference. In effect, “may” qualifies the claim in question by reminding us that it is simply a possibility, not an established fact.

Tu Quoque: As an argument dismissing a criticism of one person by pointing out that her political opponents are guilty of the same misconduct, this seems like a classic case of a tu quoque fallacy, but there are a few things that might argue against this judgement.

First and foremost, this is not an argument directed against the Trump administration itself. It is directed at the news media for raising the question in the first place. The argument is thus less of a ‘you too’ than a ‘him too.’ So, the issue might not be so much a question of evening the score, so to speak, than one about what kind of standard has been applied here.

Many have questioned whether or not journalists are applying a double-standard here, but many journalists certainly did question Trump officials regarding violations of the Hatch Act. Any concerns about he lack of consequences for these violations probably lie with the political process rather than a clear bias on the part of the news media.

Secondly, this is not your run-of-the-mill he-did-it-too argument or situation. In this instance, the violations of the previous administration were frequent and flagrant. Under the Trump administration, the Hatch Act fell into virtual disuse as officials willfully defied the act without significant consequences. Questions about whether or not it is acceptable to uphold the principle of a law, as applied to one party, so soon after the other has all but nullified that law in practice are not exactly equivalent to the normal point of this fallacy. It is not simply a question of whether or not someone else did it too; the point here is that this application suggests a very serious double-standard.

The point of the Hatch Act is to curtail partisanship in government service, and there are real questions about whether or not the act still serves that purpose. If it applies only to the actions of Democratic officials, then arguably, the Hatch Act serves only to exacerbate the very partisanship is is meant to combat.

Third, any comparison between the actions of the Trump administration and those of Secretary Fudge would surely suggest her own actions are on a scale far short of her predecessors. Once again, the problem here is one of an extreme double-standard.

Even in light of these three considerations, I’m inclined to think this remains a tu quoque fallacy, however, partly because of the particular conclusion drawn in this instance. It is literally a refusal to consider the question. While, there are legitimate questions about what the Hatch Act means in the wake of four years of willful disregard, direct refusal to consider the issue entirely doesn’t raise those questions in a helpful manner. In the end, the reasoning is still problematic.

Evaluation: The argument is unsound because it commits the fallacy of tu quoque.

Truth of Premise 1: It is worth noting that the President himself is not covered by the Hatch Act, so his own statements about his political opponent during a campaign rally on the White House lawn would not violate the law. That said, the actions of staff in setting up the event certainly would.

Relevance of the inference: This really is a lot more complicated judgement call than usual, but I do think it fair to say this is a tu quoque fallacy.

Final Thoughts: At the end of the day, America is better off when public officials do in fact refrain from using their office to promote partisan politics. Secretary Fudge’s comments are probably not a serious violation of this principle, but they do touch upon ‘dangerous territory,’ to borrow language from the CNN article. If there a serious questions about whether or not this law has been violated before, or even whether or not this law can be applied to both parties when relevant, these questions are probably not properly addressed by ignoring questions about Fudge’s behavior in this instance. It is highly unlikely that serious publishment would be warranted in this case, but the question itself seems reasonable, and that question is exactly what this argument denies outright.

Mike Lee’s Mulligan?

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.)

ANALYSIS

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.

Liteally!

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.

[1] It’s not different.

[2] These are outgrowths of the same natural impulse that exist from time to time among anyone in this business.

[3][These are outgrowths of the same natural impulse that exist from time to time] in many other businesses.

[4] Everyone makes mistakes.

[5] Everyone’s entitled to a mulligan, once in awhile.

[6] I would hope, I would expect that each of those individuals would take a mulligan on each of those statements.

[a] because

[7] In each instance, they’re making it deeply personal.

[8] They’re ceasing to make it about policy.

[9] Instead they are talking about getting up in people’s faces and making individuals feel perfectly uncomfortable.

[10] That’s not helpful.

[11] 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.

Michael Moore’s Thoughts on Snipers

Introduction: On January 18th, Michael Moore posted a tweet widely regarded as a comment on Chris Kyle and on the movie Sniper depicting Kyle’s service in the military. Given Moore’s status as a left wing activist and critic of the Iraq War, it should come as no surprise that he would object to a film that seems to portray Kyle as a hero. Moore seems to suggest that Kyle is nothing of the kind, eve going so far as to imply that Kyle is in fact a coward.

Key Facts: It’s worth noting that much of Hollywood’s portrayal of snipers would fit more in line with Moore’s comments in this instance. Snipers usually make their way into a film as a menace to the heroes, or as complex characters with a deeply ambivalent sense of their own role in combat. It is only in more recent depictions that they have begun to occupy the relatively more straight-foreword role of heroes in films such as Blackhawk Down.

Text: Here is a screenshot of the tweet.

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