Sunday News-Wrap 2.20.22
Reckless Disregard, Unforced Errors... and the First Rough-Draft
Sunday newShrink greetings, and happy President’s Day weekend! Today’s News-Wrap combines complex and lighter takes on a selected assortment of the week’s news items around three title themes.
connecting stories…
By writing- and post time the focus among these had intensified on escalating Russian border aggression, diplomatic standoff and signals of looming invasion of Ukraine (the “slingshot” situation depicted here by cartoonist Kevin Siers.) The week’s stories range from international to local in scale and from collective to individual in scope. All raise, address or advance issues I am passionate about.
… with themes
The overlapping title themes surfacing in today’s stories are common to journalism, depth/soul psychology and fields of scholarly inquiry such as history and law:
🔷 Intense regard and search for truth and confronting the false, even or especially when it’s painful;
🔷 The struggle with psychological shadow, those inevitable blind spots — in the work, the world and ourselves; and
🔷 Keen sense of the value and necessity for revisiting history and memory perpetually to incorporate and weave their fresh lessons going forward with our story — both the individual and the collective one.
For space and Substack-logistical reasons, links to items mentioned here are on the website. You can access them by clicking the post here titled Headlines & Links 2.20.22, the couch logo at the top of this email or directly from a browser to newshrink.substack.com.
reckless disregard…
A longtime psychotherapist reader and friend shared this unattributed, but apt, meme. It keeps coming to mind as I think about this section’s truth-focused theme in the week’s news stories. That’s particularly so with developments involving Trump Organization finances and the subject of the first photo image above: The State of New York’s resolute Attorney General Letitia (“Tish”) James.
1. “N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business” (from NYT)
The attorney general, Letitia James, released new details of her investigation as she argued for the need to question Donald J. Trump and two of his children under oath.:
The New York State attorney general, Letitia James, accused Donald J. Trump’s family business late Tuesday of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers that the company had engaged in “fraudulent or misleading” practices.
That announced filing in January culminated in two related outcomes in the news this week:
Donald Trump, Donald Jr. and Ivanka Trump Must Testify in NY Fraud Investigation, Judge Says (from CBS News)
Judge orders Trump to be deposed in New York Investigation (from NPR)
Judge Arthur Engoron wrote that the Trumps' fear that their depositions might end up being used in a parallel criminal investigation did not shield them from subpoenas.
"This argument completely misses the mark. Neither (the Attorney General) nor the Manhattan District Attorney's Office has subpoenaed (the Trumps) to appear before a grand jury," Engoron wrote in his ruling that requires the Trumps to appear for depositions within 21 days.
(On the website see also links to stories from CBS News and Political Historian Heather Cox Richardson’s Letters from an American newsletter, February 17.)
And the week’s other major development this week in the case:
Accounting Firm Cuts Ties With Trump and Retracts Financial Statements (NYT)
Regarding content and rationale for the fraud investigation, I highly recommend full reads of the two stories:
Hyperbole or Fraud? The Question at the Heart of Trump Investigation. (NYT) and
January 18 press release from Letitia James’ Attorney General website outlining details and rationale for the fraud investigation into the Trump organization
🌀Well OK, I’ll own-up here to the personal pleasure of sharing a name with an interesting public figure I admire (or actually with anybody else very often, either!) She, too, is called “Tish,” with our full name correctly pronounced the same, though spelled differently. Those of you who had names easy to spell, remember and pronounce on the first days of school have no idea what a rare treat this is. The last one of any national renown, whom I recall being told about as a child, was former First Lady Jacqueline Kennedy’s social secretary Letitia (“Tish”) Baldridge. Who didn’t sound all that exciting; I think she wrote an etiquette column.
As for the other Letitia, it has been a busy and productive month since mid-January.
Next in this truth-themed section…
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The title phrase "reckless disregard” is most narrowly associated and perhaps most familiar from the language of libel law. It refers to reckless disregard for the truth or falsity of a published or broadcast statement as a defining component in certain kinds of libel cases — the kind involving news organizations and high-profile public figures, like the one playing out this week in a Manhattan courtroom.
2. “Sarah Palin loses jury trial in closely watched NYT libel case”
Judge Jed S. Rakoff had already said he would toss out her case for not proving ‘actual malice,’ the high legal standard required. (from The Washington Post)
For more than four years, Sarah Palin waited for her chance to go head-to-head with the New York Times in court.
But after two weeks of testimony and nearly three days of deliberation, a jury decided Tuesday that the Times did not libel her in a faulty 2017 editorial — echoing a decision by the judge, who a day earlier said that he would dismiss her case regardless of its decision.
The jury’s decision conformed with that of U.S. District Court Judge Jed S. Rakoff, who said on Monday — while the jury was still deliberating and unaware of his comments — that the former Alaska governor had not demonstrated that the Times acted with “actual malice,” the high legal standard that public figures must demonstrate to claim libel.
Rakoff let the jury make their own decision, though, because he wanted future courts to have both his ruling and the jury’s to consider if the case goes to appeal — a process that could alter long-standing protections granted to journalists writing about prominent people.
The case from former Alaska governor Sarah Palin is the first libel lawsuit against the New York Times to go to trial in nearly two decades.
The issues are far from settled, however, as The New York Times’ Jeremy Peters spells out in a concerning analysis piece well worth the read from the link on the website:
Effort to Weaken Press Protections Isn’t Likely to End With Palin Case
Lawyers sympathetic to revisiting libel law say several cases in the courts could be used to re-examine longstanding Supreme Court precedent.
Other related story links are on the website.
Some comments:
🌀Reckless disregard for the truth is a key element of the pivotal 1964 New York Times v Sullivan libel case, a unanimous 9-0 U.S. Supreme Court ruling unimaginable today. The Court found that in libel cases (like Palin’s) in which the plaintiff is a public figure, for a published or broadcast statement to be libelous it must not only be proved false but also proved it was made with “actual malice” which is “reckless disregard for whether it was false or not.” (Quotes and references on Times v Sullivan here are from Cornell Law School, www.law.cornell.edu.)
🌀The Times v Sullivan decision shifted the presumed common-law burden of proof to the public-figure plaintiff, saying a “rule compelling the critic of official conduct to guarantee the truth of all of his factual assertions and to do so on pain of libel judgments virtually unlimited in amount leads to… self censorship.”
🌀Affirming the role of a robust and free press as a check on official power, the ruling creating the more rigorous standard necessary to “the maintenance of the opportunity for free political discussion,” a “fundamental principle of our constitutional system” that is “essential to the security of the Republic.”
🌀In revisiting the ruling I was struck by the language in Times v Sullivan spelling-out so specifically the daunting effects on journalism and on society for journalists — who are not generally at the high average-earnings end of the professional spectrum — to work under constant threat of being sued for exorbitant dollar sums.
🌀 The only high-profile libel case I even somewhat recall by a public figure was decades ago — filed (and lost) by former Charlotte police chief J. C. Goodman against The Charlotte Observer. But I do remember how in cases like this, not just news organizations but individual reporters get sued for sums like $2 million each — plus having every mark and doodle in their entire reporter notebooks flashed on screens for scrutiny in court. Talk about accountability!
🌀(Two interesting reads are among links on the website: The UPI archive story recaps the October 1981 Goodman/Observer trial and verdict. And The Washington Post story describes The Observer’s earlier 1977 uncovering of illegal wiretapping and cover-up at the police department — the story that precipitated the then-former chief’s unsuccessful libel suit. (The jury found that the plaintiff had not proved the story to be false, so the questions of his being a public figure or proving actual malice were not at issue.)
🌀 On the personal level fellow Tar Heel readers may appreciate, my fascination with libel law and journalism ethics dates farther back. My favorite course in UNC Journalism school was taught by Dean John Adams, whose name and signature are on my diploma. (Remembering his resonant theater-quality voice and uncanny resemblance to the actor Gregory Peck in the movie role of Atticus Finch in To Kill a Mockingbird does adds a bit of numinous zing to these topics!)
🔵
The next photo image, of Russian Olympian skater Kamila Valieva, represents an egregious example of so many different themes both psychological and journalistic that it was difficult to place it in just one category here. Her situation and story do vividly illustrate this theme of reckless disregard for truth, coverups and lies as a way of life, and so much more, on the part of her trainer, the adults and systems operating in her life.
3. “After disastrous performance, Kamila Valieva falls to fourth, Russian teammate wins gold”
🔵
A fourth story along the “reckless disregard” theme updates and adds increases in scope and scale to a story discussed in newShrink last fall: The already large and profoundly disturbing story of widespread faculty sexual abuse of students and decades-long lying and coverups at the internationally prestigious UNC School of the Arts.
UNC School of the Arts welcomed banned director after students alleged sexual abuse, suit says (From The Charlotte Observer)
This timeline piece is especially important here. In addition to lies and coverups, the theme of revisiting history and timing has been key in this story in which a December 2021 deadline and temporary lifting of statute of limitations played a key role.
A timeline of sex abuse allegations at UNC School of the Arts (From The Charlotte Observer and News and Observer of Raleigh)
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unforced errors…
This section is follow-up and kind of shadow-counterpoint to last week’s newShrink theme of “strange” valentines — the unsought and unexpected “gifts” from those we don’t usually agree with, support or expect to deliver positive outcomes. Unforced errors (a term taken originally from tennis, according to slangit.com) are the opposite — and far less pleasant or comfortable.
From public figures and professional or community colleagues we admire and whose efforts we support, these are the cringeworthy blunders that play into the worst instincts and rhetoric of those opposed to their important aspirations From our partners, children, loved ones and friends, these are those “wince” moments of “ohno, not my person!” And in ourselves… whew. These are the gut-clenching appearances of plain old shadow, when everything we really don’t want to think, know or believe about ourselves shows up anyway.
These are are our cues to be curious, to say “hmm, tell me more… I need to understand” — when every reactive instinct is to shut down, block and attack.
Psychologically speaking, unforced errors happen when we individually or collectively deny less desirable — or sometimes just lesser-known — traits and patterns, claim some imagined perfection in ourselves and demand it of our public figures, institutions such as judiciary and other branches of government, church and academy, sports icons....
One story in this week’s news seems a natural place to consider this theme: That of the Rev. Father Andres Arango, the priest in the photo.
4. “An Arizona priest used one wrong word in baptisms for decades. They're all invalid” (from NPR)
Pastor resigns after incorrectly performing thousands of baptisms (NYT)
This story of international scope and scale is surely one of those “clench” moments for many devout Catholics who also value and care about their priests on the human and community level. Even for those who can’t quite call his being forced to resign an error, unforced or otherwise, it’s unfortunate and sad. The priest by all reports is extremely well-liked, active and devoted to all the Church aims for in his ministry and community.
🌀I’m not Catholic so will limit my comments accordingly here with a note that millions of devout Christian believers, both Catholic and Protestant, hold quite opposite beliefs about the literal versus metaphoric and figurative nature of the sacraments of the faith while sharing and upholding belief in their truth and spiritual significance.
🌀 I’m also not a theologian, and many scholars in that field can add wisdom to the subject that I lack.
🌀I can say that, from the standpoint of my field of depth psychology grounded in both science and the reality and autonomy of the (unconscious) soul or psyche, a literal view of God-the-Holy Trinity in the form of a singular man, the priest, reflects what Jung termed an inaccurately “concretized” misunderstanding of the soul’s sacred nature and its living images — which are quite real, autonomously alive… and metaphoric.
🔵
For space and fatigue reasons I will let the unforced errors in two of the photo images above and a sequence of story headlines in rapid succession over just a couple of weeks speak for themselves. Though a very local, Charlotte urban growth-story of good faith public-private efforts to improve racial equity and economic mobility, it’s a common effort — hopefully better executed — in similar progressively inclined, rapid growth cities across the country.
The fifth photo image above, far left in row 2, is Charlotte Mayor Vi Lyles, giggling at a November meeting with former Bank of America CEO and enormous financial supporter and contributor to building community equity as well as the arts.
All stories here, taken in mostly reverse chronological order over a few days, are from The Charlotte Observer with links available on the website.
5. “Controversial hire to lead Mayor’s Racial Equity Initiative resigns”
Council distancing itself from equity leader hiring
6. The Kevin Siers cartoon
Who is really leading Charlotte’s equity initiative? (The newspaper staff editorial)
What’s next for Charlotte mayor’s race equity pledge? (Perhaps the lamest version of mayoral bully pulpit, ever.)
And finally, the rationale and intent behind the unforced error of the above hire. (And why it’s so unfortunate and critically important.)
We are making progress on economic mobility in Charlotte [and need to]
In other stories of of the unforced errors variety involving otherwise admirable public figures and their efforts, also limited for space reasons to headlines from The Charlotte Observer and available on the website:
7. “An NC cop got probation after slamming a woman to ground. Now the courts get a do-over”
Former NC cop sentenced to three years by different judge
🔵
8. “Mecklenburg board votes to replace Commissioner Ella Scarborough. Here’s what we know.”
Mecklenburg sets timeline to find interim replacement for commissioner Ella Scarborough
(With declining health of a veteran Mecklenburg County Commissioner her district has gone unrepresented for a least 7-9 months with no accountability or strategy by the board, its chair or the highly competent county manager — who claimed lack of knowledge of the relevant sunshine laws and other statutes guiding such situations.)
🔵
the first rough-draft…
9. Considering the three quotes depicted above…
Famed former publisher of The Washington Post Phil Graham is widely credited with having first described journalism as “the first rough-draft of history.” (And if he didn’t, whoever did deserves thanks!)
More definite are origins of “past is prelude,” from Shakespeare’s The Tempest, and “the past is never dead…,” from Faulkner’s Requiem for a Nun.
The three express different takes on a common idea of the importance of considering events, our lives and searches for truth with both forward-looking and revisiting of historic perspectives.
🔵
A vivid expression of this theme underway is both the current international diplomatic crisis over Russian border aggression toward Ukraine and the long and storied diplomatic and political career of President Joe Biden to draw from in such matters.
Ukraine Tensions Spike as West Accuses Russia of Lying About Troop Withdrawal (NYT headline earlier in week)
10. (again from Kevin Siers)
(by Friday night:
Putin has decided to invade Ukraine, Biden says, as Russian-backed separatists begin evacuating disputed region (WAPO)
President Biden said the U.S. government, after weeks of speculation about the Russian president's intentions, now had reason to believe the Russian leader had made the determination to attack Ukraine, and would likely target the capital, Kyiv.
🔵
Important to note, all of the week’s news is with a backdrop of the continuing month designated to honor Black History…
11. Summer of Soul: Up for an Oscar and on ABC tonight!
Among a couple of positive developments, the documentary film Summer of Soul, which we explored closely last summer in newShrink, is nominated for an Oscar. And tonight (February 20) it’s to have its network television premiere on ABC. Sorry, I have not been able to narrow down broadcast times.
🔵
On many aspects of Black history and progress Charlotte is like many other American cities. While identifying more proudly progressive and politically blue, they are also dealing with stagnant economic mobility, particularly where race and wealth inequity are concerned. And in these progressive urban centers like Charlotte, as with more conservative areas of the country, a deep revisiting, questioning and learning is needed about the blind spots in our knowledge of history that perpetuate the problems. In a couple of recent Observer stories:
Black oppression is Mecklenburg’s origin story, report says
City renames more streets with white supremacy, Confederacy ties [with more needed review and action still to come]
And as for how to address such issues without making white people “uncomfortable”, consider this extremely sobering scenario described in The Washington Post:
Racist slurs, violent messages: How Arbery’s killers talked about Black people
“The second day of testimony in the federal hate-crimes trial over Arbery’s death opened with a litany of racist social media posts and text messages allegedly sent by the three men who chased and killed Arbery, a 25-year-old Black man.”
I recommend a full read of this story, with the caveat that the many quotes and examples are disgustingly difficult to absorb. They provoke the question of how it could be possible to reconcile this truth unfolding in a federal hate-crime trial underway in a Georgia courtroom… even as nationwide coordinated efforts continue to curb teaching of “evil CRT” (which means, any black history that incorporates reality in a meaningful way.) Florida and a host of other states are seeking and passing laws over not making white people or their schoolchildren “uncomfortable.”
Sometimes it seems only comedy with a painful edge comes even close to what is true.
12. Taboo: White Fragility Edition, from Stephen Colbert — darkly hilarious, painfully true
On a brighter note, I’ll leave you today with a little hint of spring to come…
And, that is all I have! Talk to you next week.
🦋💙 tish
•🌀🔵🔷🦋💙
… it is important that awake people be awake,
or a breaking line may discourage them back to sleep;
the signals we give — yes or no, or maybe —
should be clear: the darkness around us is deep.
— William Stafford, “A Ritual to Read to Each Other”