Conspiracy Theories, Political Divides, & Misinformation

Virtual CLE on Thursday January 7th, 2021 at 12 PM
Course Number: 174108815
Approved for 1 hour MLCE including .25 ethics.
University of Miami Political Science Professor Joseph Uscinski will discuss why conspiracy theories are a part of the human condition. Everyone believes at least one, but given the number of conspiracy theories, it is more likely that everyone believes a few. Some people have a worldview defined by them. Conspiracy theories are just another reminder that people disagree about many things, including truth. These disagreements have always existed and always will. We have to live with conspiracy theories and with the people who believe them. The only way to do this is have compassion and tolerance for others, and to hold our own beliefs to high standards. His first book, The People’s News: Media, Politics, and the Demands of Capitalism (New York University Press, 2014) addresses how audience demands drive news content. His second book, American Conspiracy Theories (Oxford University Press, 2014) coauthored with Joseph Parent, examines why people believe in conspiracy theories. It is a must read for anyone interested in political misinformation in general, and American conspiracy theories in particular. His latest book, Conspiracy Theories - A Primer (Rowman & Littlefield Publishers, 2020) introduces students to the research into conspiracy theories and the people who propagate and believe them. In doing so, it addresses the psychological, sociological, and political sources of conspiracy theorizing.
Uscinski will be joined in his presentation by Terry O'Rourke, Special Assistant Harris County Attorney and Head of the Harris County Election Security Committee. Terry will discuss the October 2020 HVAC repairman assault in Houston and the alarming details of the story behind it and the conspiracy theory that motivated it. Their discussion will include the ethical duties of lawyers dealing with conspiracy theories and misinformation.

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Leaked audio obtained by the Washington Post and the Atlanta Journal-Constitution caught Donald Trump harassing Georgia Secretary of State Brad Raffensperger to accept a string of already debunked election fraud myths and to just “find 11,780 votes” that would deliver Georgia’s electoral votes to Trump. Is that a violation of both state and federal election laws? ALMOST ASSUREDLY! Was there a lawyer on the call who failed to protect her client from running face first into potential criminal liability? YUP!

But what made this call so incredible is that the lawyer Trump chose to bring with him wasn’t drawn from the bumbling crew of free agents willing to trade their professional credibility for an opportunity to leak hair dye on national television, but Foley & Lardner’s Cleta Mitchell. Mitchell was already brazenly spreading myths about “voter fraud” on all the networks that Trump likes to watch, so it was perhaps inevitable that he’d reach out. What wasn’t inevitable is that a Biglaw firm would allow one of their partners to officially drag them into this mess.

This isn’t the first time Mitchell’s practice has put Foley & Lardner in the hot seat. She was caught on tape running a gerrymandering seminar where she advised state legislators to destroy their notes before they go home so they won’t become part of a discovery request. Document retention policies are, fundamentally, about making sure material doesn’t end up getting produced, but it’s a considerable leap from “we delete all your emails older than six months” to “don’t take notes because we’re about to commit some civil rights violations.” That’s some Stringer Bell stuff right there.

But gerrymandering is the polite form of disenfranchisement. It’s the sort of thing Ben Ginsberg could devote his life to and still get a pat on the back from MSNBC. Leaning on state election officials to conjure up favorable votes is a lot harder for a major law firm to spin