The end of July was very busy for me as I had to leave Fiji and give a keynote address in Washington DC on judicial independence before racing home to turn the sod on the new Papakura courthouse. A former republican congressman and ‘in law’ of mine made this meeting possible. It was huge! He told me this story.
A lady in California researching her family tree discovered that President Donald Trump’s great, great uncle Remus Trump, was hanged for horse stealing and train robbery in Montana in 1889. The lady is Judy Maxwell Trump.
The only known photograph of Remus shows him standing on the gallows. On the back is written: “Remus Trump, horse thief, sent to Montana Territorial Prison 1883, escaped 1887, robbed the Montana Flyer six times. Caught by Pinkerton detectives, convicted and hanged in 1889.”
Judy emailed the President and asked if he had any further information about this colourful ancestor they shared. White House staff sent back the following biographical sketch:
“Remus Trump was a famous cowboy in the Montana Territory. His business empire grew to include acquisition of valuable equestrian assets and intimate dealings with the Montana railroad.
“Beginning in 1883, he devoted several years of his life to government service, finally taking leave to resume his dealings with the railroad. In 1888 he was a key player in a vital investigation run by the renowned Pinkerton Detective Agency.
“In 1889, Remus passed away during an important civic function held in his honour when the platform upon which he was standing collapsed.”
My picture in the oval office and this story, sadly, are not true.
In fact there was no Remus Trump and the picture used was of a real outlaw Tom “Black Jack” Ketchum. The tale has, in fact, been told several times on internet sites. But it resonates more when told about President Trump, who occupies the White House, waving the banner of fake news. Which is, according to him, everything that appears in the media with which he disagrees. This hasn’t stopped him and his team using fake news by the bucketful on social media that is taken as gospel by his hardcore followers.
Anyone who has engaged in online shopping knows the power of the World Wide Web: you show an interest in a chest of drawers and within hours you’ll get pop-up adverts on your web searches from the likes of Ikea. Technology has stripped away privacy. Provide social media with personal information and you let the world in. Combine fake news with the internet and you have a political tool.
London-based firm Cambridge Analytica was at the epicentre of a storm over the collection and use of private information. The company claimed it ran Trump’s digital election campaign and helped win swing states by using information obtained from Facebook to psychologically profile people. They were then able to deliver pro-Trump material to them. Alexander Nix, the firm’s chief executive, was secretly filmed by Channel 4 News, suggesting they could help political candidates win votes by the use of misinformation. “It doesn’t have to be true,” he said. “It just has to be believed.” He has since been suspended by the firm.
Trump’s election campaign used social media with ruthless efficiency and were also helped, whether wittingly or not, by Russian backers, according to US intelligence agencies. They said the Russian government conducted a sophisticated campaign to influence the election and undermine the US democratic process. In the UK, the Electoral Commission investigated whether Russia was involved in influencing the Brexit vote.
Fake news, spin, lying, propaganda and misrepresentation have been around well before President Trump in war and politics and will continue to dominate politics, war and the law. Our democracy deserves more truth than spin. We must teach the art of discernment to our children’s children. It never had to be true, just believable also seems like the same principles at work today in our courts, but on a much larger scale as we are confronted by and must embrace AI in the law. The proper use of AI and the rules and protocols that must be established to harness AI power are critical to our courts and justice systems. The recently republished AI protocols are a welcome start. And in a different but related context, the CJ’s annual report, released this week, was a refreshing dose of true reality for those who have ears to hear and the willingness to listen to the truth about the grind of our under-resourced justice system and worn-out judges.
Ahrr well … in the meantime, September may see me at Windsor with the King! I’ll make sure to post pics in October!
In it with you.
Gerard