Louis C.K. and Men Who Think Justice Takes as Long as They Want It To

In each instance, it has been less than a year since the allegations against these men surfaced, and in each instance, the men have done little in the way of public contrition. When they have apologized, they have done so with carefully worded, legally vetted statements. They have deflected responsibility. They have demonstrated that they don’t really think they’ve done anything wrong. And worse, people have asked for the #MeToo movement to provide a path to redemption for these men, as if it is the primary responsibility of the victimized to help their victimizers find redemption.

“Should a man pay for his misdeeds for the rest of his life?” This is always the question raised when we talk about justice in the case of harassment and rape allegations against public figures. How long should a man who has faced no legal and few financial consequences for such actions pay the price?

I appreciate the idea of restorative justice — that it might be possible to achieve justice through discussing the assault I experienced with the perpetrators and that I might be involved in determining an appropriate punishment for their crime. Restorative justice might afford me the agency they took from me. But I also appreciate the idea of those men spending some time in a prison cell, as problematic as the carceral system is, to think long and hard about the ways in which they violated me. I would like them to face material consequences for their actions because I have been doing so for 30 years. There is a part of me that wants them to endure what I endured. There is a part of me that is not interested in restoration. That part of me is interested in vengeance.

We spend so little energy thinking about justice for victims and so much energy thinking about the men who perpetrate sexual harassment and violence. We worry about what will become of them in the wake of their mistakes. We don’t worry as much about those who have suffered at their hands. It is easier, for far too many people, to empathize with predators than it is to empathize with prey.

.. he has remained in control of the narrative. He gets to break the rules, and then he gets to establish rules of his own when he must answer for his misdeeds.

.. He should pay until he demonstrates some measure of understanding of what he has done wrong and the extent of the harm he has caused. He should attempt to financially compensate his victims for all the work they did not get to do because of his efforts to silence them.

  • .. He should facilitate their getting the professional opportunities they should have been able to take advantage of all these years.
  • He should finance their mental health care as long as they may need it.
  • He should donate to nonprofit organizations that work with sexual harassment and assault victims.
  • He should publicly admit what he did and why it was wrong without excuses and legalese and deflection.

.. Whatever private acts of contrition these men, and a few women, might make to their victims demands a corresponding public act of contrition, one offered genuinely, rather than to save face or appease the crowd. Until then, they don’t deserve restorative justice or redemption. That is the price they must pay for the wrong they have done.

 

Questions That Mueller Might Ask Trump

The most consequential could involve the President’s understanding of the rule of law.

.. His most consequential questions for Trump might not be about Russian influence over American voters but about the power that the President of the United States believes he has to control, or to abrogate, the rule of law.

To that end, Mueller might ask Trump why he has, or has not, fired various people. He might start with James Comey,

.. Mueller also will likely ask Trump why he fired Michael Flynn, his first national-security adviser, and what assurances he might have given him at the time.

.. Flynn was already in legal jeopardy, because he had hidden his contacts with Russians and because his lobbying firm had taken money from Turkish interests without reporting it. Comey testified that Trump nonetheless asked him to go easy on Flynn

.. Does the President imagine that the job of the Attorney General is to protect the law, or to protect him?

.. They also reportedly spoke to Mike Pompeo, the head of the C.I.A., and Dan Coats, the director of National Intelligence. All were apparently asked whether Trump pressured them in regard to the investigation. If Mueller has these men’s statements in hand, he can see if Trump’s answers match theirs.

.. The President might not care. He has said that he has an “absolute right” to control the Justice Department and “complete” pardon power. Speaking to reporters last week, he mocked his critics: “Did he fight back? . . . Ohhhh, it’s obstruction.” Often, for Trump, fighting back has meant just saying that everything is Hillary Clinton’s fault. Indeed, if Mueller gets Trump talking about Clinton, it will be hard to get him to stop

.. The memo was shared only with House members, and reportedly alleges that the Russia investigation is tainted at its core, because, in an application to surveil Carter Page, a Trump-campaign associate, the F.B.I. made use of a dossier that had been partly paid for by the Clinton campaign.

.. Sessions had tried to get Christopher Wray, the new F.B.I. director, to fire McCabe; Wray refused.

.. Trump’s strategy seems obvious: to create confusion, suspicion, deflection, doubt, and, above all, noise.

.. if he does sit down with Mueller’s team, once the first question is asked there will be an interval of silence that only the President can choose how to fill. Will he try to turn the interview against Mueller? If Trump thinks that Mueller can be scared off by the prospect of being fired

Trump, Oprah and the Art of Deflection

Will American politics return to normalcy in 2021 or 2025? I’m not betting on it.

Deflection as a media strategy has become an art form. Its purpose is to avoid answering a charge by misdirecting it and confusing the issue. It’s often used during crisis.

.. The paparazzi had chased her like jackals, raced after her car in the tunnel, surrounded it, and taken pictures after the crash. Fleet Street hunkered down in confusion, perhaps even some guilt. Then some genius noticed Buckingham Palace wasn’t flying a flag at half-staff. The tabloids rushed to front-page it: The cold Windsors, disrespecting Diana in death as they had in life. They shifted the focus of public ire. Suddenly there was no more talk of grubby hacks. Everyone was mad at the queen.

 

.. Ms. Lewinsky had gone into virtual hiding in 2008, when Hillary last ran, and didn’t want to do it again. So in 2014, just before the cycle got serious, she rather brilliantly wrote a piece for Vanity Fair in which she announced yes, she’d been a victim in a national scandal and the true culprit was . . . the press, the internet and the “feedback loop of defame and shame.”

In fact she was the Clintons’ victim, but she successfully deflected your gaze. Once Mrs. Clinton’s people understood Monica would be taking shots not at Hillary but at Matt Drudge, Ms. Lewinsky’s problem went away.

 

.. The best deflection has some truth in it. The Windsors were a chilly lot, and the internet does amplify a personal humiliation.

 

.. as I watched the Golden Globes. Hollywood has known forever about abuse, harassment and rape within its ranks. All the true powers in the industry—the agencies, the studios—have one way or another been complicit. And so, in the first awards show after the watershed revelations of 2017, they understood they would not be able to dodge the subject. They seized it and redirected it. They boldly declared themselves the heroes of the saga. They were the real leaders in the fight against sexual abuse. They dressed in black to show solidarity, they spoke truth to power.

 

.. They were upset, as Glenn Reynolds noted on Twitter , that you found out, and thought less of them. Anyway, they painted themselves as heroes of the struggle.

 

.. Deflection is brilliant, wicked, and tends to work.

 

.. But could she win? Absolutely.

Oprah is stable. Oprah is smart. Oprah is truly self-made. She has a moving personal story. She has dignity and, more important, sees the dignity in others. She is fully wired into modern media; she helped invent modern media. Reporters and editors are awed by her. People experience her not as radical but moderate. She has been a living-room presence for two generations and is enormously popular. The first poll, published Wednesday, had her leading President Trump 48% to 38%.

 

.. But it freaks you out, doesn’t it? Not that American presidents now don’t have to have the traditional credentials and governmental experience, but that maybe they can’t be fully accomplished and appropriate because that’s boring. History has been turned on its head. In falling in love with celebrity and personality, we are acting not like a tough and grounded country but a frivolous, shallow one.

 

.. I had a disagreement with a friend, a brilliant journalist who said when the Trump era is over, we will turn for safety to the old ways. We will return to normalcy. 

.. No I said, I see just the opposite. We will not go back for a long time, maybe ever. We are in the age of celebrity and the next one will and can be anything—Nobel laureate, movie star, professional wrestler, talk-show host, charismatic corporate executive.

The political class can bemoan this—the veteran journalists, the senators and governors, the administrators of the federal government. But this is a good time to remind ourselves that it was the failures of the political class that brought our circumstances about.

.. at least half the country no longer trusts its political leaders, when people see the detached, cynical and uncaring refusal to handle such problems as illegal immigration, when those leaders commit a great nation to wars they blithely assume will be quickly won because we’re good and they’re bad and we’re the Jetsons and they’re the Flintstones, and while they were doing that they neglected to notice there was something hinky going on with the financial sector, something to do with mortgages, and then the courts decide to direct the culture, and the IRS abuses its power, and a bunch of nuns have to file a lawsuit because the government orders them to violate their conscience . . .

 

.. The idea that a lot had to go wrong before we had a President Trump, and the celebrity who follows him, has gotten lost in time, as if someone wanted to bury it.

Sometimes I see a congressman or senator shrug and say, in explanation of something outlandish, “It’s Trump.” And I think: Buddy, you’ve been on the Hill 20 years, and we didn’t get to this pass only because of him. That’s a deflection.

Trump always lashes out when he’s cornered. He told me so years ago.

The president’s tweets and public remarks will only get wilder as the Russia investigation narrows.

In less than two hours, he managed to criticize his own FBI; peddle a new conspiracy theory; attack James B. Comey, Hillary Clinton and ABC; and draw more attention to the Russia probe that has already implicated several of his aides.
.. As someone who spent hundreds of hours observing Trump so I could write “The Art of the Deal,” I find his increasingly extreme behavior entirely consistent and predictable.
.. For five decades now, Trump’s pattern has been that the more aggrieved and vulnerable he feels, the more intensely he doubles down on the behaviors that have always worked for him in the past.
Sunday’s tweetstorm won’t be the last time the president indulges in self-pity, deceit and deflection. In all likelihood, it will get worse.
.. Trump’s first move in the face of criticism has always been to assume the role of victim. “Unfair” has long been one of his favorite words. He always perceives himself as the victim, so he feels justified in lashing back at his perceived accusers.

.. Here’s how he explained the tactic in “The Art of the Deal”:

“When people treat me badly or unfairly or try to take advantage of me, my attitude, all my life, has been to fight back very hard.”

And this:

“Sometimes, part of making a deal is denigrating your competition.”

In the weeks ahead, Trump will also probably double down on lying, even as he falsely accuses others of being dishonest. Consider his remarkable recent suggestion to aides that his remarks on the “Access Hollywood” tape about assaulting women might not be real — even though he has already publicly acknowledged that they were his, and apologized for them. Trump regularly rewrites his narrative, using what Kellyanne Conway has called “alternative facts,” to fit whatever he wants to believe and convey in any given moment. This is classic “gaslighting” — a blend of lying, denial, insistence and intimidation designed to fuel uncertainty and doubt in others about what’s actually true.

In the time I spent with Trump, I concluded that lying became second nature to him long ago, both because he lacked any conscience about being deceptive and because he discovered that he could get away with it. “Truthful hyperbole” is the sanitized term I gave lying in “The Art of the Deal,” with Trump’s blessing. I have never met someone, before or since, who was untruthful so effortlessly.

In Trump’s mind, he is only doing what’s required to win. Here’s the way he describes himself in “The Art of the Deal”: “Despite what people think, I’m not looking to be the bad guy when it isn’t absolutely necessary.”

.. The more threatened Trump feels by troublesome facts, the more preposterous the lies he will tell.

.. To get the outcome he wants, he’s willing to be scorned, parodied and even reviled in ways most of us are not. “I’m the first to admit,” he said in “The Art of the Deal,” “that I am very competitive and that I’ll do nearly anything within legal bounds to win.” He is willing to flatter, cajole and seduce, or bully, threaten and humiliate, depending on which approach he thinks will work best.

..  I watched him switch between these modes countless times during the 18 months I spent around him.

.. If he was getting what he wanted from someone on a call, he’d invariably sign off with, “You’re the greatest, you’re the best.” If he wasn’t getting his way, he was equally comfortable hurling insults and making threats.

.. The more frequent and aggressive Trump’s tweets become, the more threatened and vulnerable he is probably feeling. But he also knows that this approach can work.

.. The other predictable pattern for Trump is his approach to loyalty. He expects it unconditionally — more so when his behaviors prompt backlash — but he provides it only as long as he gets unquestioning adulation in return.

.. One of the most revealing relationships in Trump’s life was with Roy Cohn, best known as the chief counsel to Sen. Joseph McCarthy

.. For more than a decade, Cohn fought hard on Trump’s behalf and was fiercely loyal to him. They often spoke multiple times in a day. But when Cohn became ill with AIDS in 1984, Trump dropped him immediately.

..  I can’t remember a single occasion during the time I spent around Trump when he seemed genuinely interested in the welfare of another human being, including any of his three then-young children. And at that time, he was under vastly less stress than he is now. If either Jared Kushner or Donald Trump Jr. become Mueller’s next target, I can’t help wondering what Trump will perceive as his self-interest.