Justice in America 2008 - Scott Horton

Robert H. Jackson reminded us in his speech “The Federal Prosecutor” that our society can never tolerate a situation in which prosecutors investigate individuals rather than crimes. When this occurs, the basic principles of our criminal justice system are subverted and the nation is put on the path towards tyranny. The damage is compounded when a prosecutor uses his vast powers, held under a public trust, to attack his political enemies. But all signs point to this being the case in Michigan, like other cases in Alabama, Mississippi, Georgia and Wisconsin. The assault in the Michigan courtroom is not on attorney Geoffrey Fieger. It is on the bedrock principles of our criminal justice system.

In fact the pattern of politically-instigated investigation, prosecution and recusal in this case perfectly matches the Siegelman case in the Middle District of Alabama, in which the Justice Department continues tenaciously to fight FOIA requests and even the document production demands of the United States Congress. At this point it is plain that the Justice Department is not guided by policies and principles in its posture, but by an earnest resolve to keep hidden the dark truths that an entire nation now suspects and which will come to the front burner as soon as the results of the Department’s own investigation into the misconduct of Attorney General Gonzales become public. It’s time to shine a bright and sanitizing light down the crevice of these prosecutions and let the truth be known.

Read the entire article:
http://harpers.org/archive/2008/01/hbc-90002241

Harry Frankfurt on Bullshit (from Scott Horton)

The contemporary proliferation of bullshit also has deeper sources, in various forms of skepticism which deny that we can have any reliable access to an objective reality, and which therefore reject the possibility of knowing how things truly are. These “antirealist” doctrines undermine confidence in the value of disinterested efforts to determine what is true and what is false, and even in the intelligibility of the notion of objective inquiry. One response to this loss of confidence has been a retreat from the discipline required by dedication to the ideal of correctness to a quite different sort of discipline, which is imposed by pursuit of an alternative ideal of sincerity. Rather than seeking primarily to arrive at accurate repreentations of a common world, the individual turns toward trying to provide honest representations of himself. Convinced that reality has no inherent nature, which he might hope to identify as the truth about things, he devotes himself to being true to his own nature. It is as though he decides that since it makes no sense to try to be true to the facts, he must therefore try instead to be true to himself.

But it is proposterous to imagine that we ourselves are determinate, and hence susceptible both to correct and to incorrect descriptions, while supposing that the ascription of determinacy to anything else has been exposed as a mistake. As conscious beings, we exist only in response to other things, and we cannot know ourselves at all without knowing them. Moreover, there is nothing in theory, and certainly nothing in experience, to support the extraordinary judgment that it is the truth about himself that is the easiest for a person to know. Facts about ourselves are not peculiarly solid and resistant to skeptical dissolution. Our natures are, indeed, elusively insubstantial–notoriously less stable and less inherent than the natures of other things. And insofar as this is the case, sincerity itself is bullshit.

–Harry G. Frankfurt, On Bullshit, pp. 63-67 (Princeton Univ. Press 2005)