On December 3, 2020, the Missouri Gateway Pundit promoted the conspiracy theory that originated with Trump’s legal team: that there was had video showing two Georgia election workers “secretly inject tens of thousands of fraudulent ballots into the vote count and process the fraudulent ballots for counting multiple times without detection, despite several machine hand recounts” (“First Amended” 51). Later that same day, Gateway Pundit named one of the workers, Ruby Freeman, and would later also name and give identifying information about her mother, Wandrea Moss. Despite the immediate debunking of the conspiracy, Gateway Pundit continued to promote the lie (and they’ve never retracted it). In December of 2021, Freeman and Moss sued the owners of the site—two brothers named James and Joseph Hoft, and in January of 2022 the Hofts replied. The goal of that response was to avoid accountability for what they did and are still doing, and what I want to explore in this talk is the role that the “it’s just rhetoric” strategy plays in that evasion.
The Hofts made six major “affirmative” arguments:
• The statements they made are true. “Defendants aver that all statements allegedly made by Defendants complained of by Plaintiffs are true […] Any complained-of statements allegedly made by Defendants that may happen to lack 100% factual veracity are substantially true, and thus treated as true as a matter of law. ( 18)
• The gist of the statements is true. “Any statements made by Defendants complained of by Plaintiffs that are not literally true are substantially true, in that the “gist” or “sting” of the statements is true” (18)
• The statements aren’t literally true, but are opinion or rhetorical hyperbole (i.e., “just rhetoric”). “The statements at issue in the First Amended Complaint are either statements of opinion based on disclosed facts or statements of rhetorical hyperbole that no reasonable reader is likely to interpret as a literal statement of fact.” (19)
• Moss and Freeman are public figures, so it doesn’t matter if the statements are true. “Due to the media scrutiny they received in connection with the 2020 presidential election, Plaintiffs are limited purpose public figures.” (19)
• Truth doesn’t matter because they were just repeating what reliable sources said. “Defendants’ statements were published in reliance on statements published by credible sources, including President Donald J. Trump and his campaign.” (19)
• Everybody was saying it. (“Incremental Harm”) “Defendants are far from the only persons to publish statements regarding Plaintiffs.” (20)
What’s striking about this set of arguments is the degree to which they contradict one another. Put simply, the Hofts are claiming that what they said is and is not true, and they did and did not believe it to be true, they did and did not want or expect their readers to take the statements literally. If what they said was literally true, and they believed it to be such, and they expected their audience to understand it as true, then it wasn’t hyperbole. The Hofts’ are using what I’m arguing should be called “strategically ambiguous hyperbole.”
Affirmative defenses are often contradictory because it’s legally acceptable to engage in “arguing in the alternative”—more or less a series of arguendo claims. Also known as throwing everything at the wall and seeing what sticks. To claim that all of their statements were hyperbole is to say that they not only didn’t believe them, but didn’t think their audience would. Rudy Giuliani and Alex Jones each tried this defense, and bungled it, Tucker Carlson tried it and succeeded. I want to talk briefly about the Carlson case, because it’s significant.
Carlson and his guest Alan Dershowitz had agreed that a woman who got hush money from Trump had committed “textbook extortion”—that is, a crime. She sued for defamation. Fox argued that the “extortion” accusation was hyperbole, and a judge agreed, saying that the “general tenor” (Memorandum 11, 17) and “context surrounding the statement” (14) would make it clear to any “reasonable” viewer that Carlson was not reporting facts, but engaged in opinion. Carlson’s “accusations of extortion are a familiar rhetorical device” of hyperbole (13). The judge said “that given Mr. Carlson’s reputation, any reasonable viewer ‘arrive[s] with an appropriate amount of skepticism’ about the statements he makes” (12), and “Carlson’s ‘dialogue was taking place on an animated, non-literal plane’” (16). The judge said that it didn’t matter whether some viewers took the statement as literally true; what matters is what a “reasonable” person would do, and that’s a common standard in law.
Common definitions of hyperbole emphasize that it is an “obvious and intentional exaggeration” (dictionary.com), “a rhetorical trope by means of which statements are made that are obviously exaggerated and thus untrue or unwarranted” (Snoeck Henkemans 269) That is, a hyperbolic statement is obviously not true, and not meant to be taken as true. But that isn’t true, as one can see in the Hofts’ brief—it isn’t obvious at all whether they believe their claims to be literally true. They are ambiguous on that point.
This ambiguity has consequences for our ability to make policy decisions. If someone uses a textbook example of hyperbole—“my suitcase weighs a ton”—and a listener refutes it by weighing the suitcase and showing that it only weighs forty pounds, the critic just looks like a humorless jerk. There’s no point in refuting a textbook case of hyperbole. But the Hofts’ claims were ambiguously hyperbolic—they were absurd, and they were false, and they were and are obviously false to any reasonable person, but they were and are not obviously false to someone who lives in a world of hyperbolic claims about the villainy of Democrats. Large numbers of Gateway Pundit readers didn’t understand those claims to be hyperbolic—they thought they were factually accurate–which is why the women got death threats. Those supporters may not be reasonable people, but that’s a legal and not rhetorical standard.
Thus, the exaggerated and fabricated claims of voting fraud enable Trump supporters to persuade their base that violence, negating election results, and various other authoritarian and extreme responses are justified self-defense, while evading accountability for the consequences of their persuasion. The absurdity of the claims also enables potential Trump voters who might “dislike Trump’s rhetoric,” but like his policies to deflect criticism for what they are supporting. They see his inciting violence and calling for authoritarian policies as “just rhetoric.” The same claims are hyperbole when strategically useful to call them that, and true or substantially true when that’s the useful strategy. And that’s what I mean by strategically ambiguous hyperbole.
I mentioned earlier that hyperbole isn’t always oriented toward rousing an audience. Sometimes it’s a strategy of deflection, by shifting the stasis. When Trump characterizes immigration as an “invasion,” that strategically ambiguous hyperbole means we’re now arguing about just how dangerous or criminal immigrants are. We are arguing about whether Moss and Freeman introduced tens of thousands of fraudulent ballots—that is, just how big the fraud was. That immigrants are dangerous, and that the election was stolen, are part of the frame, not part of the argument. And so we don’t talk about whether Trump tried to incite a riot that would steal the election—even if he did, it seems justified by the fraud that never happened.
Strategically ambiguous hyperbole also aids in the deflection of responsibility on the part of voters who intend to support Trump even if they don’t “like his rhetoric.” A common way of deflecting reasonable discussion of Trump’s corruption, fraud, and lying is to respond with, “All politicians lie”—a hyperbolic statement not intended to rouse but deflect. “All politicians lie” is simultaneously true and false. All politicians do lie—all humans lie—but that statement is used, implicitly, to dismiss the degree and kind of lies that Trump tells. It’s hyperbolic in its implications.
In addition to evading accountability, this flipping in and out of defending their rhetoric as hyperbole enables them to forestall refutation. To be effective at rousing an audience (and hyperbole can have other functions), a hyperbolic statement has to resonate as “true” in at least two ways: plausibility of the overall thrust of the argument, and sincerity of the rhetor.
In this case, the base believed/s that Democrats can only win elections by cheating; even if Democrats didn’t cheat exactly as much as the Hofts said, or in the specific ways they said. Claudia Claridge calls this kind of hyperbole “emotional truth” versus “factual truth” (18), but I don’t think invoking the rational/irrational split is either accurate or useful here. The people who find this kind of hyperbole powerful think they’re relying on factually and literally true assertions about reality. They consider it a fact that the election was stolen; the details don’t matter. The data presented as proof (analysis of the video, claims about a fake flooding) don’t have a particularly important relationship to the conclusion, so it doesn’t matter if they turn out to be false (Jenny Rice’s book on conspiracy thinking describes this process elegantly). I want to emphasize this point—that there is no expectation of a logical relationship between major claims and supposedly supporting evidence means that the argument cannot be refuted. If it can’t be refuted, it can’t be deliberated.
The Hofts, like Alex Jones, Giuliani, and Trump, openly violate the norms, even of a legal case, as it is going on, and as they claim they are honoring them. Alex Jones continued promoting on his radio show the very conspiracy theories and false claims he was in the midst of a lawsuit about, during which he testified under oath that he had stopped making those claims, and for which he had apologized enough already. He has testified in court to facts about his wealth, mental health, and intentions that he promptly and deliberately contradicted on his radio show; Giuliani signed and contradicted an admission of lying. The Hofts, in a legal document, said their claims were true and untrue. The incoherence is the point.
In addition, for some people, wild exaggeration adds credibility to an argument because it shows the passionate and sincere commitment of the rhetor to the in-group. It is a kind of performative appeal to authority—you should trust me because my commitment to the in-group is unconstrained, as shown by my being rhetorically unconstrained–and that appeal to authority works in several ways. It shows passionate commitment to the in-group (“the power of the irrational rhetor”), as well as an authoritarian understanding of truth (the argument made by Robert Paxton). The “truth” of the statement might be the sincerity of the rhetor. It can be an instance of what Ryan Skinnell calls “deceiving sincerely,” a characteristic Skinnell (and others, like Paxton) have argued is present in fascism (Rhetoric of Fascism). The truth of the statement is that the speaker is truly committed to dominating, exterminating, or expelling the out-groups. And that makes everything they say, even if false, true because the “gist” (Democrats stole the election) is true.
Brad Serber has argued that Trump and his supporters don’t engage in “dog whistles,” but “howling.” Serber says, “Dog Whistling carefully avoids the direct use of epithets, calls for violence, and other more overt kinds of hate speech, [but] Howling drops all pretense of civility and political correctness” (194). The rhetor is willing to violate rhetorical norms, and so will be willing to violate other norms as well to get the policies the in-group wants. What Trump models and offers to his followers is the opportunity to participate, via agency by proxy, in grandiose violation of legal, moral, and rhetorical norms without accountability.
Finally, it isn’t just rhetoric. The strategically ambiguous hyperbole is in service of policies that cannot be deliberated because the affirmative case is made up of claims that cannot be refuted. Both the rhetors and the policies they advocate are rhetorically, ethically, and politically unmoored. As Mary Stuckey has shown, hyperbole tends to correlate to times of increased incivility—that is, violations of discursive norms, “a certain vagueness regarding means and ends” (that is, what I’ve called a depoliticized public sphere), “and a reliance on hope and nostalgia” (676). If being irrational and extreme becomes the criterion for having credibility, then deliberation, nuance, complexity, uncertainty, reciprocity, inclusion, are all deflected if not demonized. The point of strategically ambiguous hyperbole is to evade the responsibilities of rhetoric, and the requirements of democratic deliberation. When Trump says that, on his first day in office, “we will begin the largest domestic deportation operation in American history,” it is tempting for people who like certain policies of Trump’s (overheating the economy, reducing environmental protection, ending gay marriage) to dismiss the anti-democratic and authoritarian policy agenda as hyperbole. That’s a mistake. It isn’t just rhetoric.
Works Cited
Claridge, Claudia. Hyperbole in English: A corpus-based study of exaggeration. Cambridge University Press, 2010.
“Defendants’ Answer and Affirmative Defenses to Plaintiffs’ Second Amended Petition and Counterclaims.” https://protectdemocracy.org/wp-content/uploads/2022/08/2023.01.16-Defs-Answer-to-Pltffs-2nd-Amended-Petition-Counterclaims.pdf
Fioroni, Sarah. “Following Public Individuals for News in 7 Charts.” Gallup. https://news.gallup.com/poll/506084/following-public-individuals-news-charts.aspx
“First Amended Complaint.” Case: 4:21-cv-01424-HEA Doc. #: 33 Filed: 01/14/22. https://www.documentcloud.org/documents/21315827-tgp_amendedcomplaint
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(Giuliani) Nolo Contendre [sic] Stipulation. Case No. 1:21-cv-03354 (BAH). https://protectdemocracy.org/wp-content/uploads/2023/08/Defendant-Giulianis-Superseding-Nolo-Contendre-Stipulation-Conceding-to-Default-Liability.pdf
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Memorandum in Support of Defendant’s Motion to Dismiss. McDougal v. Fox News Network, LLC, No. 1:2019cv11161 – Document 39 (S.D.N.Y. 2020). https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2019cv11161/527808/39/
McFadden, K. “Hyperbole.” The Princeton Encyclopedia of Poetry and Poetics, edited by Roland Greene and Stephen Cushman, 4th ed., Princeton UP, 2012, p. 648. Gale eBooks, link.gale.com/apps/doc/CX2388000525/GVRL?u=txshracd2598&sid=bookmarkGVRL&xid=776ca8ac.
Memorandum in Support of Defendant’s Motion to Dismiss. McDougal v. Fox News Network, LLC, No. 1:2019cv11161 – Document 39 (S.D.N.Y. 2020). https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2019cv11161/527808/39/
Paxton, Robert O. The anatomy of fascism. Vintage, 2005.
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Skinnell, Ryan. “Deceiving Sincerely: The Embrace of Sincerity-as-Truth in Fascist Rhetoric.” Rhetoric of Fascism. Ed. Nathan Crick. 2022.
Stuckey, Mary E. “American elections and the rhetoric of political change: Hyperbole, anger, and hope in US politics.” Rhetoric and Public Affairs. (2017): 667-694.
Trump, Donald. ”We Will Begin.” Right Side Broadcasting Network https://www.youtube.com/watch?v=-GF_SRHFlmc
