A Truthity Gaffitation?

Introduction: On October 13, 2022, Minnesota Representative Angie Craig debated Tyler Kistner as part of her bid for re-election. During the course of this debate, she said; “I will never stop standing up for Big Pharma and standing against my constituents!” This was likely a mistake, but was this a mere misstatement or an instance of saying the quiet part out loud, so to speak? Breitbart News produced the argument in question in an effort to convince its readers that Craig’s comments were in fact a telling moment in which she revealed her true agenda

Key Facts:

Text: These paragraphs can be found in the middle of the article in question.

“In fact, the National Republican Congressional Committee (NRCC) noted that Craig’s slip of the tongue shows the truth, which is that she always stands with Speaker Nancy Pelosi (D-CA).

“Angie Craig accidentally admitted the truth: she always stands with Pelosi and against the interests of Minnesota families,” said NRCC spokesman Mike Berg.

The congresswoman has voted with the Speaker 100 percent of the time in the current Congress and 99 percent in the last Congress. Additionally, during President Joe Biden’s time in office, she has voted with him 100 percent of the time.”

ANALYSIS

Comments: It might be interesting to actually break down the statistical information on votes relating to the pharmaceutical industry in more detail, but that is beyond the scope of this post.

Statements: The argument includes a few complex statements which have broken up into their individual components. This in turn has left us with a couple instances of redundant statements. Some of this is reported speech, but the credibility of the source does not appear to be critical to the argument, so the source citation is treated here as a contextualization cue [a]. While Statement 1 is clearly the conclusion of the argument, as stated, it seems clear that the real point is to suggest that Craig really believes what she says in this instance, so a final unstated conclusion [5] has been spelled out here.

[1a] In fact, the National Republican Congressional Committee (NRCC) noted that Craig’s slip of the tongue shows the truth,

[2a] [Angie Craig] always stands with Speaker Nancy Pelosi (D-CA).

[1b] “Angie Craig accidentally admitted the truth:

[2b] she always stands with Pelosi and

[3] [Angie Craig always stands] against the interests of Minnesota families,”

[a] said NRCC spokesman Mike Berg.

[4] The congresswoman has voted with the Speaker 100 percent of the time in the current Congress and 99 percent in the last Congress. Additionally, during President Joe Biden’s time in office, she has voted with him 100 percent of the time.

[5] [Angie Craig actively supports big pharma against the interests of her own constituents.]

[6] Nancy Pelosi consistently represents big pharma in Congress.

Diagram: The following seems to represent the reasoning of the argument, with statement 4 offering a statistical summary of Craig’s history of voting with Nancy Pelosi as evidence for a generalization that she always votes with Pelosi. This then is added to an unsupported side comment about how she stands against her constituents to argue for the notion that her statement was an accurate reflection of her actual politics, all of which is meant to show that she really does stand up for big pharma and against the interests of her own constituents.

Discussion: This argument raises the following issues; Ad Hominem, Contextualization, Indexicality, Interactional Eclipse, Meta-Reasoning, Misstatement, Red Herring, Tell, Semantics, Statistical Reasoning, Unsupported Claims.

Ad Hominem: Insofar as this argument takes Craig’s summary statement as an indication of her real stance on big pharma, it provides an excuse to ignore the rest of her commentary on the topic at hand. In effect, this an ad hominem (circumstantial), in which an accusation about Craig’s real interest in the subject is used to dismiss the rest of her arguments on the subject.

Contextualization: Insofar as this argument turns on a question about the intent of a speaker (Craig), it is explicitly focused on context-specific information.

Indexicality: The Breitbart article rests a great of its case on the notion that Craig’s statement reflects a pattern actually present in her voting behavior. In effect, they are telling us that her voting pattern matches the significance of the statement in question, making it a truthful claim rather than a mere misstatement. They are thus treating her statement as a kind of indexical icon reflecting her actual politics. Whether or not voting in concert with Nancy Pelosi really constitutes a pattern of support for big pharma is another question, but the folks at Breitbart clearly think it does.

Interactional Eclipse: The real work of this article probably has less to do with the effort to convince people that Craig meant what she said than the effort to reinforce the framing of the issue. While readers may or may not come away thinking that Craig really means to support big pharma, the presupposition that Nancy Pelosi is uniquely supportive of big pharma is provided as an absolute given for this argument. In effect, the author is replacing questions about actual votes on actual issues related to medicine, which were the substance of Craig’s own arguments on the topic, with a simple rubric in which any association with Nancy Pelosi is taken to be evidence of support for big pharma. This impression is not contingent on accepting the conclusion of the argument, and it will have far more lasting impact than anything at stake in this particular argument. The long-term game for the author’s of this argument may have less to do with Craig or the election in question than the effort to poison the well for Democratic leadership. Likely, the normal value of an argument, as am effort to prove the truth of its conclusion is neither the practical goal nor the practical effect of this particular argument.

Meta-Reasoning: Insofar as this is an argument about an argument, the one made by Craig, this is an example of meta-reasoning, specifically it is an argument in which a statement completely out of line with the rest of her comments on the topic at hand may be taken as her real stance on the issue while setting aside anything else she has to say about the subject.

Misstatement: Given the argument Angie Craig was making before uttering the statement in question, it seems quite obvious that she misstated the point she meant to make. Whether this was an honest mistake or something akin to a liar’s tell or even a Freudian slip would seem to be the point of the argument Breitbart makes. Absent any good reason to believe this statement reflected her real views, however, it seems best to think of this as merely a misstatement and nothing more.

Red Herring: The notion that association with Nancy Pelosi constitutes support for Big Pharma is a red herring. The Breitbart piece makes no effort to establish its relevance. Still, Pelosi has taken donations from big pharmaceutical companies and one can find many articles from both the left and right taking her to task for their influence on her politics. Just how much this differs from Mitch McConnell and countless other Congressmen on both sides of the aisle is another question, but the issue here is not whether or not Pelosi handles the issue well; it is whether or not Craig does. An abstract comparison of Craig’s voting behavior to that of Pelosi works only if Pelosi is uniquely supportive, and really only if Craig can be shown to have been similarly supportive in key votes wherein the interests of big pharma actually diverge from those of the public. But of course anyone prepared to make such a case would hardly need to reference Pelosi in order to do so; they could just attack Craig’s votes directly.

Another red herring in this argument arises when you consider the fact that Craig’s record of voting with Nancy Pelosi includes votes on a vast range of different topics, many of which have nothing to do with big pharma. Breitbart’s use in this argument effectively converts a record of unrelated votes into evidence of support for big pharma. This is quite deceptive.

Finally, the very notion that one should take Craig’s statement as indicative of her stance on the issue while ignoring her comments about actual legislation (including her criticism of Kistner) constitutes another red herring. It is an effort to treat a mistaken wording as the answer to a substantive problem.

Semantics: What counts as “big pharma” remains largely unspecified throughout this entire discussion. Craig herself does not address that, nor do her detractors. It’s tempting to think of the phrase as a free-floating signifier in this debate insofar as all interested parties seem to be against it without necessarily needed any specific reason to do so, or even any significant sense of what it is that they are supposed to be against.

Another issue buried in the question about what is or isn’t big pharma would be a question about whether or not all things that benefit big pharma are necessarily bad for the American people. Craig seems to take it as a forgone conclusion that opposition to big pharma is a good thing, and her detractors sloppy statistical arguments carry forward that same assumption. This side-steps any questions about the value of any particular view and the possibility that while the interests of big pharmaceutical companies may sometimes diverge from those of the public, they may also sometimes coincide. Treating the issue as an abstract case of being for or against big pharma thus obscures legitimate questions about the pros and cons of particular votes.

Statistical Reasoning: The Breitbart article tells us that Craig votes with Nancy Pelosi 100% of the time. In support of this, it links its readers to a post on Pro-Publica summarizing Craig’s votes in comparison to Pelosi’s for the years 21-22. The article does not break down the votes by topic. A point of clarification on the page reads as follows: “Correction (Nov. 15, 2019): This page originally included all votes on passage of a bill under the ‘Major Votes’ category. It now only includes votes designated as major by ProPublica.” The article concludes that the two voted in agreement 100% of the time.

A few significant questions could be raised about the statistical comparison, some of which have been mentioned elsewhere. If the difference between the results for ‘major bills’ and the total voting record I am unaware of it. How many of these bills are actually representative if issues affecting big pharma is another question. Whether or not any of them presented any significant difference between the interests of big pharma and those of the American people (or even those in Craig’s district) is yet another question altogether. And of course, none of this addresses the legislative process and any efforts made by either party to shape the legislation in question in support of or opposition to big pharma. The statistical argument made in Breitbart thus elides a number of important questions about the actual politics at issue.

Tell: The notion that someone could tell the truth, by accident so to speak, is often rooted in the notion that there may be some underlying psychological reason for the misstatement in question. Whether treating it as a kind Freudian slip or a liar’s tell (or that of a poker player), it is common to suppose that some deep-seated tension is leading to the unintended expression. Breitbart does not present an explicit claim to that effect, though some of the online commenters have. Their own strategy seems to have been to convince readers that the claim is true regardless of Craig’s reasons for saying it.

Unsupported Claims: The notion that Nancy Pelosi can be treated as a stand-in for big pharma remains entirely without support in this argument. Even if one grants that she supports big pharma, it would be reasonable to ask whether or not her support for the industry distinguished her from other members of Congress, include that if the Republican Party, or for that matter the candidate, Tyler Kistner. Absent evidence to that effect, the decision to treat Pelosi as a proxy for big pharma remains arbitrary. It is likely the argument rests on little more than a general sense of contempt that can be expected from Republican voters whenever Pelosi’s name comes up.

Evaluation: At the end of the day, this is little more than a red herring offered in support of a red herring. Craig misspoke and the Republican Party wants us to believe her gaff matters more than her explicit arguments on the topic. Toward that end, they remind us that she votes like Pelosi. this is irrelevancy piled on top of irrelevancy.

Final thoughts: I spent way too much time on this.

Whose Red Herring?

Introduction: Representative Matt Gaetz posted this to twitter on June 9th, 2022.

Key Facts: June 9th was the first day of televised hearings over the events of January 6th.

As a staunch supporter of Donald Trump, Matt Gaetz was himself involved in efforts to prevent the peaceful transfer of power from the Trump administration to that of Biden which is very much part of the story of January 6th.

Text: “But January 6! ‘BREAKING: According to GasBuddy, the national average has reached $5 per gallon.'”

ANALYSIS

Comments: This argument turns on context. One has to know what the issues are and how the author of the argument relates to them in order to assess which issues might be used as a distraction for others.

Statements: It’s a simple argument with an unstated conclusion.

[1] But [the other side wants us to focus on] January 6!

[2] ‘BREAKING: According to GasBuddy, the national average has reached $5 per gallon.”

[3] [January 6th is a diversion from more important issues.]

Diagram: 1+2 -> 3.

Discussion: This argument raises the following issues; Missing Assertions, False Alternatives, Red Herring, Suppressed Evidence.

Missing Assertions: Insofar as the conclusion of the argument (statement 3) is unstated, this argument raises the issue of missing assertions.

False Alternatives: One way of looking at this argument (and many others like it) would be to think of it as a complicated instance of false alternatives, one in which extra possibilities are ruled out in practice if not in theory. Insofar as it presents one issue as a distraction from others, this argument might be said to assume that our attention will fall on one option or the other, but not on both. Of course there are more subtle ways of addressing questions about the media cycle and the public attention span, but there is at least some concern that arguments like this force people to choose between looking at one issue and looking at another when folks might have legitimate reason to want to address both in their own right.

Red Herring: This argument suggests that the January 6th hearings are a distraction (even a deliberate diversion) from the issue of high gas prices, whereas the argument itself may well be using the high value of gas prices to draw attention away from the televised January 6th hearings which began the very day that Gaetz posted his tweet. In effect, the argument answers any questions about the January 6th hearings by telling us to focus on inflationary gas prices instead.

Note: There is of course an implied dig at President Biden in this argument insofar as many on the right blame him for those high gas prices. Whether or not this is fair is an interesting question, but Gaetz is well aware that many who see his tweet will think of inflationary prices as Biden’s fault, thus priming them for the suggestion that the January 6th hearings may not only be a distraction from a more important issue, but actually a calculated effort to draw attention from President Biden’s failings.

Suppressed Evidence: In this argument, Gaetz raises the issue of high gas prices, but offers no comparable account of the substance at issue in the January 6th hearings. He thus loads the significance of one issue in comparison to another about which he offers no substantive account. Neither does Gaetz explain his own role in the political events likely to be covered in the hearings, nor does he account for for the timing of his own tweet. All of these, and more (e.g. the economics of global oil markets) would be essential to any serious consideration of the weight of these issues.

Evaluation: The argument is unsound insofar as it is a red herring.

Final Thoughts: This is just a very ironic argument for Gaetz to make. It is a diversion tactic disguised as a complaint about a diversion tactic.

Dinesh Does What He Does

Introduction: On the 6th of May, Dinesh D’Souza posted this on twitter.

Key Facts: On January 6th, 2021 Congress met for the purpose of verifying the certified votes of the 2021 Presidential election. Joe Biden had received the majority of certified votes, making him the presumed President elect, though Donald Trump had challenged the election in a number of court cases as well a variety of popular fora. He consistently lost the court challenges before election officials and courts, but successfully developed a significant following of his own base unwilling to accept the legitimacy of the election.

On January 6th, Congressmen from several states challenged the legitimacy of votes reported from their own states Outside, as they were expected to do, thus triggering a debate within Congress. Donald Trump spoke to a rally of his own supporters which he had encouraged to come to Washington DC on the day in question. Following his own speech, Trump supporters stormed the Congressional buildings and shut down Congress. five people were killed and process of confirming the votes was delayed for a time. This is a rather dry description of events, but it must be stressed that the riots included a number of disturbing events, and the rhetoric of Trump and his supporters leading up to the event contained many elements suggesting violence intent all along. Some have suggested that this riot would be better described as an insurrection, an attempted coup, or even domestic terrorism. At least some of the participants do appear to have come prepared to engage in acts which would normally be described as domestic terrorism. In the wake of all this, many have argued that Trump incited the riot himself, and that this is grounds for impeachment.

Dinesh D’Souza is a far right wing political commentator. He plead guilty to a felony charge of making illegal campaign contributions during the 2012 political campaigns. His conviction was pardoned by Donald Trump in 2018.

Text: “Does this look like an insurrection? A riot? A coup attempt? If it doesn’t walk like a duck or talk like a duck then it probably isn’t a duck.”

ANALYSIS

Comments: Dinesh D’Souza is far more influential than he ought to be, so he merits attention for reasons unrelated to the quality of his thought.

Statements: This argument requires us to rewrite a rehtorical question as 3 different statements (Sttements 1-3) and supply a missing conclusion (statement 5).

[1] [This does not] look like an insurrection.

[2] [This does not look like] A riot.

[3] [This does not look like a] coup attempt.

[4] If it doesn’t walk like a duck or talk like a duck then it probably isn’t a duck.

[5] [The events of January 6th were not an insurrection, a riot, or a coup attempt.]

Diagram: There are a few ways, you could represent this, but the easiest thing to do here I think is just treat statements 1-3 as the minor premise(s) in a mixed hypothetical argument and 4 as supplying the major premise. We could translate the ‘duck’ metaphor into the language specific to this event, which would create an extra step or two in the reasoning, but that seems unnecessary. This argument is modus ponens with 3 minors instead of one, and also a qualifier (‘probably’). Also, the negatives in the antecedent are a little weird. …Okay, it’s an unusual MP, but hopefully you can see the form.

1+2+3+4 – > [5]

Discussion: This argument presents the following issues: argument from ignorance, cherry-picking, micro-reasoning, missing assertions, modus ponens, qualification, red herring, rhetorical questions.

Ad Ignorantiam: One way of explaining the problem with this argument would be to focus on the misuse of evidence here. D’Souza is calling our attention to the apparently mild nature of the image in the picture. Because this image doesn’t look like a riot, he wants us to conclude that this was not a riot, but that ignores the many other reasons we have to think of this as a riot.

Cherry Picking: While this image may seem fairly unthreatening (although it certainly does document crimes, one of them being theft), this ignores the many images and videos of the incident which depict actual violence quite clearly. D’Souza has chosen a convenient sample which supports his own conclusions while ignoring others.

Micro-Reasoning: As with any other tweet, this argument has a small amount of space to develop the point. Whether or not D’Souza could produce a better argument with more space is another question, but the medium certainly does constrain the possibilities here.

Missing Assertions: D’souza does not spell out his main point in explicit terms, so this argument contains a missing conclusion.

Modus Ponens: This argument has elements of Modus Ponens to it, at least if you ignore the qualifier.

Qualification: D’souza includes the word probably in his major premise, which would seem to transform this largely deductive argument into an instance of inductive reasoning.

Red Herring: Another way of getting at the problem with this argument would be to say that it is simply a red herring. The fact that a couple people don’t seem to be engaging in violent acts at one moment in the events simply does not address questions about violence in others or even the intent of those who planned it. Of course, the ‘argument from ignorance’ and ‘cherry picking’ may give us a better sense of the diversion tactic D’Souza is using, but the bottom line is that this argument is inviting us to focus on a red herring.

Rhetorical Questions: The quest sentence is not really a question of course. D’Souza is implying that the picture does not at all look like an insurrection, a riot, or a coup. He puts his point here in the form of a question for rhetorical effect. Frankly, I don’t think it helps much as the statement does not look true, even as an assertion of probability. It would be worse if D’Souza left this as a categorical statement, but this little qualifier just doesn’t help.

Evaluation: The argument fails by virtue of the irrelevance of the assumptions in question. This is clearly a red herring and an appeal to ignorance; that it takes the form of a modus ponens doesn’t change this. Most likely, the biggest way to address the issue would be to simply deny the truth of premise 4, both in the abstract and as regards this specific subject matter. Just because you can find a relatively peaceful image occurring in the midst of a riot doesn’t mean it isn’t a riot. The consequent does not follow from the antecedent in this statement. not categorically and not probably.

Final Thoughts: If it appears that I have not shown much respect for Dinesh D’Souza, the author of this argument, that is not an accident. Please accept my apologies for the lapse in decorum.

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.