Kasowitz also argued that Zervos’s complaint should be dismissed because her original allegations against Trump were not true and, in addition, because Trump’s campaign-trail statements were protected by the First Amendment. A certain level of hyperbole is to be expected in the heat of a political campaign, he wrote, and such statements are legally protected speech.
During the campaign, Trump said the women who accused against him of inappropriately touching them were putting forward “made-up stories and lies” and “telling totally false stories.” Kasowitz argued those statements and others could not be considered defamatory but instead were “nothing more than heated campaign rhetoric designed to persuade the public audience that Mr. Trump should be elected president irrespective of what the media and his opponents had claimed over his 18-month campaign.”
.. But he’s making a legal argument that Trump’s comments should be held to a different standard because he was a candidate for office. Basically, he’s trying to move the bar for defamation higher, even if Trump’s comments were inaccurate. Which, again, he’s saying they’re not.
.. In effect, he wants Trump’s words to be taken seriously, not completely literally.
.. Trump’s comments about his female accusers, it bears noting, often went far beyond just saying they made up the stories. He called them “horrible, horrible liars” and called one of them a “crazy woman.” He repeatedly seemed to suggest they weren’t attractive enough for him to have done the things they accused him of. “You take a look. Look at her. Look at her words. You tell me what you think. I don’t think so,” he said. He urged supporters to look up another woman’s Facebook page and said she “would not be my first choice.”
He rescued Adam and Eve from obscurity, devised the doctrine of original sin—and the rest is sexual history.
“I came to Carthage,” he writes, “to the center of a skillet where outrageous love affairs hissed all around me.”
.. The feverish promiscuity, if that is what it was, resolved fairly quickly into something quite stable. Within a year or two, Augustine had settled down with a woman with whom he lived and to whom, in his account, he was faithful for the next fourteen years.
.. As a young man who had already fathered a child, he knew that, for the entire human species, reproduction entailed precisely the sexual intercourse that he was bent on renouncing. How could the highest Christian religious vocation reject something so obviously natural?
.. The “Confessions” does not take the story of Augustine’s life further. Instead, it turns to a philosophical meditation on memory and an interpretation of the opening of Genesis
.. Why Genesis? And why, in the years that followed, did his attention come to focus particularly on the story of Adam and Eve?
.. Pagans ridiculed that story as primitive and ethically incoherent. How could a god worthy of respect try to keep humans from the knowledge of good and evil? Jews and Christians of any sophistication preferred not to dwell upon it or distanced themselves by treating it as an allegory.
.. he persuaded himself that it was no mere fable or myth. It was the key to everything.
.. Augustine returned again and again to the same set of questions: Whose body is this, anyway? Where does desire come from? Why am I not in command of my own penis? “Sometimes it refuses to act when the mind wills, while often it acts against its will!”
.. And this ardor, to which Augustine gives the technical name “concupiscence,” was not simply a natural endowment or a divine blessing; it was a touch of evil. What a married man and woman who intend to beget a child do together is not evil, Augustine insisted; it is good. “But the action is not performed without evil.”
.. Augustine’s tortured recognition that involuntary arousal was an inescapable presence—not only in conjugal lovemaking but also in what he calls the “very movements which it causes, to our sorrow, even in sleep, and even in the bodies of chaste men”—shaped his most influential idea, one that transformed the story of Adam and Eve and weighed down the centuries that followed: originale peccatum, original sin.
.. Pelagius and his followers were moral optimists. They believed that human beings were born innocent. Infants do not enter the world with a special endowment of virtue, but neither do they carry the innate stain of vice.
.. we are all descendants of Adam and Eve, and we live in a world rife with the consequences of their primordial act of disobedience. But that act in the distant past does not condemn us inescapably to sinfulness. How could it? What would be the mechanism of infection? Why would a benevolent God permit something so monstrous? We are at liberty to shape our own lives, whether to serve God or to serve Satan.
.. The Pelagians said that Augustine was simply reverting to the old Manichaean belief that the flesh was the creation and the possession of a wicked force.
.. Surely this was a betrayal of Christianity, with its faith in a Messiah who became flesh.
.. Not so, Augustine responded. It is true that God chose to become man, but he did this “of a virgin
.. that which was born from the root of the first man might derive only the origin of race, not also of guilt.”
.. Augustine embarked on a work, “The Literal Meaning of Genesis,”
.. For some fifteen years, he labored on this work
.. The inquieta adulescentia that delighted the adolescent’s father and horrified his mother could now be traced all the way back to the original moment when Adam and Eve felt both lust and shame. They saw for the first time what they had never seen before, and, if the sight aroused them, it also impelled them to reach for the fig leaves to cover as with a veil “that which was put into motion without the will of those who wished it.”
.. But what was the alternative that they—and we—lost forever? How, specifically, were they meant to reproduce, if it was not in the way that all humans have done for as long as anyone can remember? In Paradise, Augustine argued, Adam and Eve would have had sex without involuntary arousal: “They would not have had the activity of turbulent lust in their flesh, however, but only the movement of peaceful will by which we command the other members of the body.” Without feeling any passion—without sensing that strange goad—“the husband would have relaxed on his wife’s bosom in tranquility of mind.”
.. ” Others, as he personally had witnessed, could sweat whenever they chose, and there were even people who could “produce at will such musical sounds from their behind (without any stink) that they seem to be singing from that region.”
.. Adam had fallen, Augustine wrote in “The City of God,” not because the serpent had deceived him. He chose to sin, and, in doing so, he lost Paradise
.. With the help of his sainted mother, he had severed himself from his companion and had tried to flee from ardor, from arousal. He had fashioned himself, to the best of his extraordinary abilities, on the model of the unfallen Adam, a model he had struggled for many years to understand and to explicate. True, he still had those involuntary dreams, those unwelcome stirrings, but what he knew about Adam and Eve in their state of innocence reassured him that someday, with Jesus’ help, he would have total control over his own body. He would be free. ♦