Are We Being Framed? | JSTOR Daily - 0 views
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So the Mueller Report is finally out. President Trump has called it a “total exoneration,” but we don’t have to take his word for it. After special counsel Robert Mueller’s comprehensive, two-year investigation into serious allegations of Russian electoral interference, conspiracy, and obstruction of justice, we’re free to read what the special counsel’s findings actually are, if we so choose—albeit with a number of careful redactions from William Barr that along with his four-page summary, framed public conversations about the report in important ways.
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It can persuade us one way or another by using certain rhetorical or linguistic means. What’s more, a particular framing doesn’t just arise spontaneously to the top of the public consciousness from its own legitimate merits, because it happens to be the neutral truth. We would be naive to think so, yet many people do. When it comes to the power of states, in sociologist Christopher A. Bail’s view, it has to be knowingly crafted, with two realities. One is a front stage presentation for public consumption and the other a secret collective coordination behind the scenes. Their reality becomes your reality, one way or another.
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To Dwight Bolinger, “literal truth—the kind one swears to tell on the witness stand—permits any amount of evasion.” He explains: “The most insidious of all concepts of truth is that of literalness. The California prune-growers tell us that prunes, pound for pound, offer several times more vitamins and minerals than fresh fruit; literally true. The oil industry advertises that no heat costs less than oil heat, which has to be true because no heat costs nothing at all.” Those savvy enough to see through it will simply eat fewer prunes and heat their homes differently to those who fall for it. But declaring that you didn’t lie but told the literal truth in this way seems a kind of hollow ethic, a careful weaselling around the words that some lawyers seem particularly adept at.
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So, yes, it’s perhaps literally true that no collusion was found by Mueller’s team because they weren’t actually investigating collusion, but a much harder-to-prove charge of criminal conspiracy. Collusion and conspiracy may be related, but they’re not the same. Yet in the resulting media commentary, this framing by the Trump administration was largely successful in amplifying the confused conflation of two separate concepts: One is the fact that Mueller did not ultimately find definitive proof that the Trump campaign illegally conspired with Russia; The other is the non-legal Trump talking point of “no collusion,” even though not finding something is certainly not the same as there being none (at least you would hope so, if you ever can’t find your house keys or wallet).
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One such case is Muscarello v. United States, from 1998. The law was that anyone caught using or carrying a firearm while selling drugs (presumably on their person) would get an additional five year sentence. The defendant, Muscarello, had a firearm that he was actively not carrying because it was actually locked up in the glove compartment of his truck. Nevertheless this was redefined as “carrying” a firearm, because the judge in the case saw that one of the first definitions in a dictionary for the word happen to be in relation to “carrying” (i.e. transporting) things in vehicles.
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These are all fairly simple and obvious features of dictionaries that are frequently overlooked in legal contexts, just when it matters most that careful and ethical consideration should go into the linguistic interpretation of the law.
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If we don’t pay enough attention to linguistic ethics, language and the truth that it seems to tell can be subtly manipulated to misdirect us. Even the most precise legal wording of a thorough report can be misread, as long as the public is willing to allow it.