Fox News Defamation Woes Highlight and Exemplify the Threat
Sorry about the long hiatus for Other Aspects. Welcome back and thanks for reading.
It’s not that there’s been nothing much happening worth writing about. It’s more like the opposite: there’s been so much truly bizarre stuff going on that it’s difficult to absorb and gather oneself for a coherent response.
For the third time in eight years, DJT is the candidate for President for what was once a proud, major party. Polls indicate that, regardless of the outcome, he again will get tens of millions of votes. Like many, I find myself incapable of imaging how, at this point, anyone can conceive of voting for this man for President of the United States. Yet, here we are. So, let’s dig in a bit.
Whence Comes Support?
It’s tempting to break Trump’s supporters into two groups:
(1) Those who support him despite his despicable nature; and
(2) Those who support him because of his despicable nature That first group can be further subdivided:
(a) Reality Deniers – Those who don’t especially like DJT, and may even thoroughly dislike him, but fail (or refuse) to grasp the severity and depth of his criminal malevolence and the danger he poses, and thus somehow worry about “the alternative”; and
(b) Opportunists – Those who grasp exactly who and what he is, but see him as a useful vehicle to further their own interests.
That Second Group – the Trump True Believers (TTBs)
Let’s consider the TTBs briefly before moving on. These are folks who love Trump for his racism, his cruelty, his dishonesty, his defiant ignorance, and (maybe most of all) his ability to get away with saying and doing what he does.
Every time he commits a serious crime in plain view, they love him more. Every time he identifies a new group to hate, a “Them” for “Us” to despise for their supposed inferiority, TBBs want more to be part of Trump’s “Us”.
It’s fascinating that no one ever notices that it’s impossible to really be part of Trump’s “Us”. For The Don, there is only Himself. Absolute, unconditional loyalty is always demanded; none whatsoever is ever afforded anyone. With each passing day it becomes clearer that anyone who is not doing exactly what he wants, at every moment, is an “enemy of the people”, against whom he is eager to seek retribution and exert military might.
Virtually everyone who has ever had anything to do with Trump has lived to regret it, deeply, and usually sooner rather than later. The delusion for those who fall all over themselves declaring fealty for Trump is like that of someone’s seventh spouse. It will be different for me.
So, What’s the Attraction?
It’s not like Trump is charming. Is this merely America’s peculiar infatuation with the Bad Boy, the Anti-hero, taken to absurd, previously unimagined extremes? No, there’s more to it.
Racism isn’t the only factor involved, but it seems the most significant. Many TTBs feel the wrong side won the Civil War, haven’t gotten over it, and think they’d like another crack at it. At the very least, they look back on Jim Crow as the “good old days”; that is, the “Great” the MAGA crowd would like to make America again. Not for nothing did Confederate flags appear next to Trump flags in the Capitol on January 6 and at Trump rallies from the beginning.
The need for Us vs. Them at work for TTBs isn’t always explicitly race-based. Pick any bigotry; Trump has a series of lies and made-up grievances for you. If you need somebody to hate, or blame, or feel superior to, the Don is your candidate. More and more, he’s not even bothering with the dog whistles; he just comes right out with it.
Whether the bait is explicitly racist or not, it is inevitably taken; the more people hurt as a result, the better. COVID-19 is a liberal hoax. Immigrants seek “asylum” because they’re insane. Thugs await word on which honest public servants are the “enemy” ever since Trump told the Proud Boys to “stand by”. John McCain was not a hero; January 6 insurrectionists were. Dog and cat burgers, anyone?
Perhaps the single most depressing realization to accept is that earlier assumptions that TTBs were a small lunatic fringe group were very wrong.
Moving On To That First Group of Trump Supporters
These, you’ll recall, are folks who support him despite his despicable nature. We subdivided those expected to hold their noses and vote for Trump into 1(a) reality deniers and 1(b) opportunists.
Reality Deniers
I will never forget the first time someone said to me, about Trump, “at least he’s honest.” For a while I was stupefied into silence. The single most dishonest human being of which I have ever been aware, a virtuoso of every form and technique of dishonesty, a person seemingly incapable of uttering a statement of fact that is true, and your take is “at least he’s honest”?!
I finally managed to sputter out something like “I don’t understand; what do you mean?” The reply was, “He says what so many others are thinking.”
Information Source
Everyone needs sources of information. So often, when asked if I’ve heard some nugget of misinformation and fact-checking confirms the falsity, I learn the source was Fox News, Breitbart, or their ilk. Reality-denying Trump fans who rely on Fox News 24/7 are unlikely to know much about the Dominion case.
Here’s the thing: Defamation cases are very difficult for plaintiffs to win anything, much less large awards. It’s not enough for the information conveyed to be false and unfair. The standard to be proven is “actual malice”. The defendant must be shown to have known the information was false or had reckless disregard for its falsity. The burden of proof is “clear and convincing”, second in difficulty only to criminal law’s “beyond a reasonable doubt”. Suffice it to say that plaintiffs win nothing unless defendant’s behavior is reprehensible.
The lie in the Dominion case was the Big Lie that the 2020 election was stolen and that Dominion’s election equipment was one way it was done. There was no verdict; the case was settled – for $787 million dollars. Fox didn’t dare go to a jury with the evidence available.
When I learned of the case, I couldn’t wait to see what discovery in the case revealed. The story’s told in Brian Stelter’s 2023 book, Network of Lies. It’s devastating, revealing a breathtaking level of cynical lying for profit. Reading the internal emails of the time leaves no doubt why they were terrified to have anyone – owners, writers, on-air talent – testify under oath.
It’s not the only case of its kind.
The Colloquy I Wish I’d Had With Reality Deniers I Know and Like
Here’s what I wish I’d said (where appropriate):
I’ve been considering everything I love about you as friends, and cherish about our friendship: You’re honest, hard-working, caring, giving. You love each other as a couple, and you love your children, your extended family and your friends. You bend over backwards to do no harm and help those in need.
In every single respect, then, you are the exact, diametrical opposite of Donald Trump. If you knew him in any capacity, or had anything whatever to do with him in the real world – business, social, political, professional – you would loathe him.
The public record could not be clearer on his character, personality, interests and morals. If you doubt this, you must be limiting yourself to Fox News or the equivalent. You are doing yourself a great disservice and deserve better.
Everything you taught and begged your children not to be – Trump is. How is it possible that you would consider for a second voting for this lying, thieving sociopath for anything, much less President?
Trumpian Mythology
Opportunists and reality deniers have some favorite myths about who and what Trump is that they use attempting to justify support for The Don. It’s hard to say which one is the most preposterous. Really, each would be hilarious if he weren’t so dangerous and the harm caused so tragic. What follows are several of the myths heard most often.
Conservative Republican
No one should be more outraged by Trump than true conservative Republicans. Just now, finally, some are speaking up. Assuming America survives this ordeal intact, nobody will have more ‘splainin’ to do than cynically enabling conservative Republicans who knew better all along. History will not be kind to Mitch and the gang.
One hallmark of conservative Republicans has been urging fiscal responsibility. No president has ever added to the deficit more than Trump, including before the pandemic. He loves deficit spending, just as long as none of it benefits Americans who actually need help. Eisenhower, Goldwater, and Reagan would have despised him and what he’s done to the party and the country.
Those seeking a detailed treatment of the modern mass capitulation could do a lot worse than Mark Liebovich’s 2022 book, Thank You for Your Servitude. You sell your soul to the Devil for THIS guy? The presidency is not the only office up for grabs in 2024.
Law and Order
I’ll try not to belabor this, a point about which books will be written for decades. Could there be a more comically inapt candidate for any office to be dubbed a Law ‘n’ Order guy?
Anyone who’s read all the indictments (four cases, 91 counts) against Trump can only be struck by a number of points:
- The severity, number, and deadly serious nature of the allegations
- The meticulous care with which the allegations are presented and documented
- The number of felonies committed in plain view for which he has not been charged – at least, yet
- The mind-boggling possibilities of wrong-doing by him and his associates that have not yet come to light
Shortly after Trump’s inauguration in January 2017, I predicted to a close friend that he would average about a felony a day for as long as he remained in office. I suspect I got it about right, as long as you don’t count all the crimes he induced those around him to commit.
Looming over all criminal cases is the burden of proof facing the prosecutor: Beyond A Reasonable Doubt. The daunting hurdle posed by BARD probably had much to do with both the time it took to get these charges filed and the detail presented.
Had he been charged with everything he might have been – like, say, treason – Donald Trump may have seen his enthusiasm for the federal death penalty greatly diminished.
In the one case of the four that has reached verdict, of course, Trump was found guilty on all 34 counts and awaits sentencing.
Tough Guy
He never stops whining. Never, about everything, and this is one of the many reasons the extent of his popularity is so surprising. Until he came along, most would say “Nobody likes a whiner.” But everything and everyone is so UNFAIR! There’s a two-tiered system of justice in this country!
Unfortunately, he is correct on that last point – in exactly the opposite way he intends. That he has not spent the majority of his adult life in prison is the clearest indication of how that two-tiered system has been working. It also shows how wrong the Left has been to consider him stupid.
The funny thing is that it has become almost impossible to be unfair to Donald Trump. He has reaped the benefit of lowered expectation to the point where the bar is lying on the ground; atrocious behavior is just Trump being Trump. In so doing, though, he’s created the situation where no matter how terrible a thing one says about him, it’s likely to be true.
Like most bullies, he’s a tough guy when surrounded by his mob. Stand by, Proud Boys. January 6, 2021 was just the warm-up.
Christian
Contemplating the undying support of many Evangelicals and Christian Nationalists for this man leaves me thinking of the Seven Deadly Sins. It is probably due to my background as a life-long practicing Catholic. They, by the way, are the sins that make it more likely to sin again, gateways to further wrongdoing.
If someone were to write the definitive Trump biography, its title should be Greed, Lust, Pride, Envy, Sloth, Gluttony, and Wrath: The Life and Times of Donald John Trump. The author could do no better.
For those who prefer guidance from the Old Testament, here’s a conceptual exercise. Try to name a commandment Trump does not break – publicly, gleefully, repeatedly – and encourage or demand others to break.
In supporting such an individual, these Evangelicals and Christian Nationalists (forgive me, but the latter term is an oxymoron for anyone with even a passing acquaintance with the Gospels, but I digress) are showing their hands. Their real agendas as the most cynically opportunistic of opportunists are laid bare for all to see.
For the Little Guy/Working Class
In some ways, this is the saddest con. Start with the obvious point that the Don cares nothing for anyone but himself. That this epitome of the arrogant, spoiled rich kid somehow grew into a champion for blue collar workers is a painfully false myth.
First, he has no less contempt for his followers than for anyone else. Second and ironically, the Kamala Harrises and Joe Bidens of the world, actually do care about their lot, and work hard to improve it.
Successful Businessman
He’s considered a successful businessman because he played a role on a television show. I like businessmen whose word is their bond. (RIP: John McCain.)
We’re talking about Mr. Bankruptcy here – and not just his own. Democrats should have a new ad every hour featuring true stories of countless honest American business owners Trump has ruined over the years by refusing to meet his most basic obligations.
By the way, how do you fail running casinos, an industry where the House is guaranteed to win?
There is no greater tell for dishonesty than a business having two sets of books. Who believes it was Allen Weisselberg’s idea to do that for the Trump Organization? So far, everyone but Trump goes to prison for doing Trump’s bidding. That may change soon.
In a related matter, it’s both unusual and embarrassing when an accounting firm announces publicly that they must disavow financial statements prepared for a client for any period of time. Mazars, USA did so for their client, The Trump Organization, for the DECADE of 2011 – 2020. Specifically, they instructed Trump to notify anyone who had received statements of financial condition for all those years not to rely on them.
Conclusion
Phony conservative, phony Republican, phony patriot, phony Christian, phony family man, phony businessman – yep, Trump is the complete package. He’s never been more himself than when he said to John Kelley, at his son’s gravesite in Arlington, “I don’t get it. What was in it for them?”
He’s right. He doesn’t get any of it: honesty, common decency, honor, introspection, empathy, remorse, service, responsibility, respect, duty, commitment, love. All are for losers and suckers.
Each item just in this post, alone, is enough to be absolutely disqualifying.
Meanwhile, his opponent, who’d be the first to say she’s not perfect, is smart, accomplished, experienced, qualified and committed to public service. Sane and normal would be enough, but we’ll get much better than that. Inexplicably, the polls insist it’s a toss-up. This could be either the end of America as we know it or the end of polling as we know it. I’ll take the latter.
The fifth-grade bully has punched the Constitution, the Rule of Law, and basic human decency in the face, and sneered, “Whatcha gonna do about it?”
Well, voters, what are we going to do about it? “Leaders” of the Republican Party have had every opportunity to take care of this, and have cowered in corners every time. Remember Barry Goldwater, Hugh Scott and John Rhodes telling Nixon it was over on August 7, 1974?
Not this time. At the very least, the vote to convict and remove Trump in either impeachment trial should have been unanimous. Think of the expense, the turmoil, the insanity, and the damage to democracy and to US standing in the world we might have been spared, if the Senators had simply done their sworn duty.
Imagine if Bill Barr had not lied to the American people (as Attorney General, no less) that the Mueller Report was a nothing burger? And so on.
But, nope, it’s up to us. There’s nowhere to hide. The record is clear and available for anyone interested. What each citizen does, or doesn’t do, matters. What we need is a solid, no-doubt-about-it repudiation of Donald Trump. The ugliness unleashed by his assault on America’s first principles will not dissipate on its own. The hard work of damage repair already begun by Biden needs a mandate from the people to succeed. Anything less invites the continuing criminality.
The lies and frivolous litigation will be attempted regardless, of course. They never stopped and have already begun for the 2024 election. But the more Americans who vote against Trump, and for what truly does make America great, the less harm his lies will do.
Assuming what needs to happen on November 5 happens – and the American Experiment continues – what will future history books say about the last ten years or so? Assuming history books tell the truth, our children and grandchildren are going to have a lot of questions.
“Did this Donald Trump really exist?” they’ll ask. “Did he really say and do these things? How did this terrible person get votes? By the way, who did you vote for?”
What answers are we preparing to give them? Vote. Vote in a way that won’t force you to lie to your grandchildren.
Ken Bossong
© 2024 Kenneth J. Bossong