Tag: U.S. Constitution

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The Trump Indictment: On Lying, Fraud, Incompetence, and Delusion

Fresno Bee, August 6, 2023

Trump’s indictment spotlights the nature of lying and duties of leadership 

The recent Donald Trump indictment should cause us all to worry about the stability of our democracy.

The leading Republican candidate for president is charged with three conspiracies: to defraud the United States, to obstruct official government proceedings, and to deprive people of their right to vote. It is undisputed that Trump actively attempted to overturn the 2020 election. But Rep. Jim Jordan (R-Ohio) said in response, “President Trump did nothing wrong!”

The indictment claims that Trump “knowingly” lied in the conspiracy to overturn the election. The indictment uses the word “knowingly” 36 times. It declares that Trump’s claims of election fraud were false, and that “the Defendant knew that they were false.” The indictment is full of examples purporting to show that Trump knew he was lying, or should have known. Among these is an interaction in which Trump said to Vice President Mike Pence, “You’re too honest.”

I have no idea whether Trump will be convicted, or what will happen in 2024. But the case prompts difficult questions about lying, leadership, and the future of our country.

Lying involves deliberate deception, which assumes that the liar knowingly tells falsehoods. But if an accused liar is confused, stupid, or out of touch with reality, is he really lying? The most convincing liars never flinch. Some liars lie to themselves. And pathological liars believe their own lies.

It’s not really lying if a person is brain-damaged or brainwashed. Mentally deficient folks lost in delusion are not lying. Nor are those caught up in conspiracy theories or cults really lying. These dupes inhabit a self-reinforcing web of falsehoods that sees the truth-tellers as lying enemies.

Punishment is misplaced for people lost in delusion. It also seems cruel to punish a brainwashed cult member. We might forgive these folks and offer them compassion. But we should not put them in positions of power

We expect our leaders to be intelligent, honest, and virtuous custodians of truth. There are no guarantees that truthful people will be elected. That’s why we have a system of checks and balances, and regular elections.

The Trump indictment accuses the former president of subverting that system. But what if he really believed the election was fraudulent? If Trump knew the election was legitimate, then he is a liar and a danger to democracy. If it was not legitimate, then Trump is a heroic truth-teller and champion of democracy.

Many loyal Trumpians believe that the election was actually stolen. Recent polls from Monmouth and from CNN show that about a third of Americans, and two-thirds of Republicans, believe the 2020 election was fraudulent. This explains why Trump’s defenders think the Justice Department has been “weaponized.” Trumpians do not think Trump is lying about the election. They see the current indictment as an anti-Trump conspiracy.

The indictment shows how claims of fraud were systematically refuted. So, it seems obvious that Trump is wrong to claim otherwise. But the Trumpians won’t believe the facts laid out in the indictment.

And what if Trump believed his own lies because he is pathological, delusional, or brainwashed by the right-wing echo-chamber? This question is important both because it is connected to possible punishment and because it tells us something about the character of the man who is likely to be nominated for the presidency by the Republican party next year.

If Trump lost, but he really believed the election was stolen, then he did not knowingly lie — and there is no deliberate fraud. Maybe he just couldn’t believe he lost. Maybe he is a pathological liar who believes his own lies. Maybe he was caught up in a cult-like world of right-wing conspiracy. Or maybe he is a senile old man, unable to discern the truth. But these excuses mean that Trump should never be elected again.

If Trump knowingly lied, then he is corrupt and culpable. If he didn’t know he was lying, then he is deluded or incompetent. And in either case, if we assume that the 2020 election was legitimate, Trump seems to lack the virtue and honesty we expect of our leaders. Trump loyalists see things otherwise, which is why our country is on the verge of disaster.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article277966113.html#storylink=cpy

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January 6: American Democracy and the Challenge of Tyranny

Fresno Bee, January 9, 2022

The American political system remains in crisis, one year after the Jan. 6 riot. A recent poll shows that 40% of Americans believe that the 2020 election was illegitimate. The same poll indicates that a majority of us fear the future will bring more political violence.

This is alarming. But polarization and distrust are par for the course in the American system. This dysfunction is a feature of the system, and not a bug. Conflict was hard-wired into a system that was set up to safeguard against tyranny.

I explore this idea in more detail in my forthcoming book, “Tyranny from Plato to Trump.” The American founders were focused on preventing tyranny. They were less interested in efficiency than in preventing the consolidation of power.

The question of whether our system is working depends upon what we think this system is supposed to be doing. If we think the government is supposed to respond to the will of the majority, we will be disappointed. But if we think that the American system is intended to prevent tyranny, then the virtue of its dysfunctional design becomes apparent.

The problem of tyranny is an ancient one. In the ancient world, political power was often consolidated in the hands of a strongman. Sophocles warned against the hubris of Oedipus. Plato warned that tyrants were predators who preyed upon their own people.

The American founders studied ancient philosophy and literature. They accused the British king of behaving tyrannically. When they set up the American system of government, they were interested in preventing tyranny by establishing the Constitution’s separation of powers. James Madison defined tyranny as the “accumulation of all powers” in the “same hands.” The solution is a system in which divided powers limit each other. As Madison put it, “Ambition must be made to counteract ambition.”

The good news about the American system is that its checks and balances worked to prevent Donald Trump from consolidating power. Local officials refused to comply with Trump’s effort to overturn the 2020 election. The House impeached the lame duck president. The courts provided independent confirmation of the integrity of the election. Members of Congress certified the election, led by Vice President Mike Pence. And when the Capitol was assaulted by an angry mob, those insurrectionists were arrested, put on trial and convicted.

All of this is part of a slow and messy process. This is the way the American system is designed to work. It moves slowly and incrementally. It is not easy for a strongman to take control in this system and purge his enemies. Nor is it easy for democratic majorities to enact radical change. There is too much friction built into the system for quick and radical solutions.

Some people don’t like this sluggish system. Some long for a nimble system that can react quickly to emergencies. A number of people even seem to desire a savior who would ride to the rescue with a flaming sword.

But the people’s desire for a savior can be exploited by would-be tyrants. In response to emergencies, the people are often willing to sacrifice ethics in the name of expedience.

History teaches us that there are no saviors. It shows us that when power is concentrated, corruption is sure to follow. Atrocities occur when reaction outpaces rationality.

The U.S. Constitution is not perfect. It was flawed at the start, since it permitted slavery. A civil war was fought to eliminate that peculiar form of tyranny. Other corrections and improvements followed.

It took centuries to improve this system. More work remains to be done. One obvious problem is the inordinate power of small states. Citizens of small states such as Wyoming and Rhode Island have much more representational power than citizens of California. And citizens of Washington, D.C. and Puerto Rico have no real representation.

We ought to continue to improve the system. But this is tedious work. Progress will be slow in coming. And there will be no perfect result.

This will bother those who dream of utopia. But utopias do not exist. The human condition does not permit perfection. There are no political saviors. And the dream of a savior can easily become a tyrannical nightmare.