Courtroom Fraud and Smear Campaigns: The Full Machiavelli

Cheryl Lyn Walker PhD, Dr. Cheryl Lyn Walker, Dr. Cheryl L. Walker PhD, M.D. Anderson Cancer Center, Michael Honeycutt PhD, Michael Honeycutt TCEQ

“False Accusations, Distortion Campaigns, and Smear Campaigns can all be used with or without a grain of truth, and have the potential to cause enormous emotional hurt to the victim or even impact [his or her] professional or personal reputation and character.”

—“False Accusations and Distortion Campaigns

There are several fine explications on the Internet about the smear campaigns of false accusers. Some sketch method and motive generally; some catalog specific damages that ensue when lies are fed to the police and courts.

This survey of “adverse impacts” is credited to lies told by people with borderline personality disorder. Conducting “distortion campaigns” isn’t exclusive to BPDs, however, and the “adverse impacts” are the same, irrespective of campaigners’ particular cognitive kinks.

The valuable role of the police and courts in the prosecution of campaigns to slander, libel, and otherwise bully and defame can’t be overstated. They’re instrumental to a well-orchestrated character assassination.

Lies can be told to anyone, of course, and lies told to anyone can have toxic effects. The right lie told in a workplace, for example, can cost someone a job and impair or imperil a career.

Lies told to police and judges—especially judges—they’re the real wrecking balls, though. False allegations of threat or abuse are handily put over in restraining order or domestic violence procedures, and they endure indefinitely (and embolden accusers to tell further lies, which are that much more persuasive).

Among the motives of false accusation are blame-shifting (cover-up), attention, profit, and revenge (all corroborated by the FBI). Lying, however, may become its own motive, particularly when the target of lies resists. The appetite for malice, once rewarded, may persist long after an initial (possibly impulsive) goal is realized. Smear campaigns that employ legal abuse may go on for years, or indefinitely (usually depending on the stamina of the falsely accused to fight back).

Legitimation of lies by the court both encourages lying and reinforces lies told to others. Consider the implications of this pronouncement: “I had to take out a restraining order on her.” Who’s going to question whether the grounds were real or the testimony was true? Moreover, who’s going to question anything said about the accused once that claim has been made? It’s open season.

In the accuser’s circle, at least—which may be broad and influential—no one may even entertain a doubt, and the falsely accused can’t know who’s been told what and often can’t safely inquire.

Judgments enable smear and distortion campaigners to slander, libel, and otherwise bully with impunity, because their targets have been discredited and left defenseless (judges may even punish them for lawfully exercising their First Amendment rights and effectively gag them). The courts, besides, may rule that specific lies are “true,” target_of_blamethereby making the slanders and libels impervious to legal relief. Statements that are “true” aren’t defamatory. The man or woman, for instance, who’s wrongly found guilty of domestic violence (and entered into a police database) may be called a domestic abuser completely on the up and up (to friends, family, or neighbors, for example, or to staff at a child’s school).

Lies become facts that may be shared with anybody and publicly (court rulings are public records). Smear campaigners don’t limit themselves to court-validated lies, either, but it seldom comes back to bite them once a solid foundation has been laid.

Some so-called high-conflict people, the sorts described in the epigraph, conduct their smear or distortion campaigns brazenly and confrontationally. Some poison insidiously, spreading rumors behind closed doors, in conversation and private correspondence. As Dr. Tara Palmatier has remarked, social media also present them with attractive and potent platforms (and many respondents to this blog report being tarred on Facebook or even mobbed, i.e., bullied by multiple parties, including strangers).

Even when false accusers’ claims are outlandish and over the top, like these posted on Facebook by North Carolinian Marty Tackitt-Grist, they’re rarely viewed with suspicion—and almost never if a court ruling (or rulings) in the accusers’ favor can be asserted. The man accused in this comment to ABC’s 20/20 is a retiree with three toy poodles and a passion for aviation who couldn’t “hack” firewood without pain, because his spine is deformed. He is a retired lawyer, but he wasn’t “disbarred” and hasn’t “embezzled” (or, for that matter, “mooned” anyone). He has, however, been jailed consequent to insistent and serial falsehoods from his patently disturbed neighbor…who’s a schoolteacher.

For Crazy, social media websites are an endless source of attention, self-promotion, self-aggrandizement, and a sophisticated weapon. Many narcissists, histrionics, borderlines, and other self-obsessed, abusive personality types use Facebook, Twitter, and the like to run smear campaigns, to make false allegations, to perpetrate parental alienation, and to stalk and harass their targets while simultaneously portraying themselves as the much maligned victim, superwoman, and/or mother of the year.

(A respondent to this blog who’s been relentlessly harried by lies for two years, who’s consequently homeless and penniless, and who’s taken flight to another state, recently reported that a woman who’d offered her aid suddenly and inexplicably defriended her on Facebook and shut her out without a word. Her “friend” had evidently been gotten to.)

(An advocate for legal reform who was falsely accused in court last year by her husband and succeeded in having the allegations against her dismissed reports that he afterwards circulated it around town that she tried to kill him.)

I was falsely accused in 2006 by a woman who had nightly hung around outside of my house for a season. She was married and concealed the fact. Then she lied to conceal the concealment and the behavior that motivated the concealment. She has sustained her fictions (and honed them) for nearly 10 years. People like this build tissues of lies, aptly and commonly called webs.

Their infrastructures are visible, but many strands may not be…and the spinners never stop spinning.

The personality types associated with chronic lying are often represented as serpentine, arachnoid, or vampiric. This ironically feeds into some false accusers’ delusions of potency. Instead of shaming them, it turns them on.

I know from corresponding with many others who’ve endured the same traumas I have that they’ve been induced to do the same thing I did: write to others to defend the truth and hope to gain an advocate to help them unsnarl a skein of falsehoods that propelled them face-first into a slough of despond. (Why people write, if clarification is needed, is because there is no other way to articulate what are often layered and “bizarre” frauds.)

I know with heart-wrenching certainty, also, that these others’ honest and plaintive missives have probably been received with exactly the same suspicion, contempt, and apprehension that mine were. It’s a hideous irony that attempts to dispel false accusations are typically perceived as confirmations of them, including by the court. To complain of being called a stalker, for example, is interpreted as an act of stalking. There’s a kind of awful beauty to the synergy of procedural abuse and lies. (Judges pat bullies on the head and send them home with smiles on their faces.)

Smear campaigns wrap up false accusations authorized by the court with a ribbon and a bow.

Copyright © 2015 RestrainingOrderAbuse.com

*The name Machiavelli, referenced in the title of this post, is associated with the use of any means necessary to obtain political dominion (i.e., power and control). Psychologists have adapted the name to characterize one aspect of a syzygy of virulent character traits called “The Dark Triad.”

Why More Falsely Accused Don’t Speak Out

If procedural abuses are epidemic (and they are), why do so few vociferously complain? Why isn’t the Internet inundated with personal horror stories (and why aren’t state representatives’ in-boxes choked with them)? We purportedly enjoy the privilege of free speech, so why isn’t it exercised more?

The absence of rampant complaints of procedural abuse is misleading. Limitation of complaints to sketchy e-petitions and forum comments, often anonymous, makes them suspect and easily discounted by those with a political interest in discrediting them.

The dearth of forthright exclamations of abuse and injustice, however, is easily understood.

Rather than consider who isn’t talking back, consider who does. What distinguishes these men and women from what may be hundreds of thousands or millions of victims of false, exaggerated, or misleading accusations to the court?

For one, most of them are childless or without young children. They don’t face being further deprived access to their kids if they buck the system. Those with minor children who do speak out have often been denied all rights to their kids, anyway; they have nothing left to lose.

Too, most of them work for themselves. It’s a fact that restraining orders influence employers. Furthermore, studies have shown that employers are influenced even by Internet disclosures by employees or potential hires that may be negatively perceived by the public. Human Resources personnel are paid to snoop around. Mere injudicious comments on Facebook may be hazardous to job opportunities and careers. Declaring that you’ve been judged to be a stalker, for example, or a domestic or child abuser has obvious and grave drawbacks, never mind if you’re also construed as a wacko because you vehemently insist online that your accuser’s psychopathic. This is an express train to sleeping in a refrigerator box.

Women aren’t immune to false accusation. They’re a minority among its victims, and that status is itself isolating (from a community peopled mainly by men who resent women and the favored political status they enjoy). Many respondents to this blog are female—maybe most. By and large, however, women may feel like interlopers in male-dominated discussions, and women’s advocates, whom they should be able to turn to, don’t want to bring scrutiny to bear on the question of procedural abuse (which is mostly by women).

People who may be foully wronged and branded with accusations that may daily tear at them are coerced into silence by the feared repercussions of ventilating their rage and anguish. Their false accusers, moreover, may be violent people or, for example, extremely vindictive ones, and the accused may fear for their safety and their children’s safety, or fear further legal abuse, which can be endlessly renewed, particularly after false accusations have once stuck, and which can result in incarceration—possibly meaning loss of a single parent’s child(ren) to the state—or financial hardship or ruin. The falsely accused are squeezed between a rock and a hard place.

As you might imagine—and it’s okay to try imagining even if it goes against your partisan loyalties—this creates a hell within a hell.

Probably most of the falsely accused, besides, are not trained writers (like the loudest voices that discredit people in their shoes are) nor among the politically privileged class, whose members are typically the most able to free themselves from false accusations in the first place. They’re not suave, and they don’t possess the kinds of credentials that make people think twice.

(Also, ironically, the people who do possess the kinds of credentials that make people think twice but who fail to deflect a false finger of blame are often sensitive to “social decorum” and may be loath to air dirty laundry.)

Public outcry, finally, is discomforting to family and friends (and their family and friends). It compounds the alienation and isolation of false accusation with alienation from those who believe in you; they sidle away.

In a nutshell, it’s not merely coincidental that those few who do elect to talk back are mainly single, independently employed, without small children, white…and male. Men don’t fear violent retaliation from their false accusers, usually, and they may have nothing left to be stripped of except the lingering expectation of justice.

Copyright © 2015 RestrainingOrderAbuse.com

*Bearing the foregoing in mind, it should be no surprise that the preponderance of publicized outrage originates from “just folks” who aren’t distinguished and who are easily dismissed (and mocked) as “rabble.” What should be a surprise is that their detractors are often those who are supposed to be looking out for them, for example, civil rights advocates like the ACL(where R)U and agents of the popular press.

If You Doubt the Grief Caused by False Accusation, Consider the Whimpers of False Accusers When THEY’RE Exposed

Forthcoming posts on this blog will consider character assassination, and they will critique one of the many execrable ironies of the civil restraining order process. It is possible to falsely accuse a person of anything—literally anything (mooning the neighbors, groping children, chewing the ears off of puppies, rape, you name it)—and the act of false accusation, which is universally deemed a statutory crime (perjury), is not sanctioned by the court. The falsely accused, what’s more, cannot litigate the crime of perjury him- or herself nor apply to the court for relief from the falsehoods or an award for the damages they do, which may include PTSD, loss of home, and financial ruin. But…but if the falsely accused exercises his or her constitutionally protected right to free speech and exposes his or her false accuser, which is his or her only lawful defense (and a feeble one at that), this act may paradoxically be construed as “character assassination” by state prosecutors and judges. This post will ease into the topic of character assassination gently.

An alternative way of understanding the pains inflicted by false accusation, if you’re among the compassionately challenged, is to consider the complaints of those accused of falsely accusing.

They don’t like it much when the table is turned.

A woman I’m in correspondence with and have written about was accused of abuse on a petition for a protection order last year by a scheming long-term domestic partner, a man who’d seemingly been thrilled by the prospect of publicly ruining her and having her tossed to the curb with nothing but the clothes on her back. He probably woke up each morning to find his pillow saturated with drool.

The woman he accused, meanwhile, probably didn’t sleep at all during the weeks of purgatory between the accusation and her hearing. For a while, she had to worry about where she’d be able to sleep.

She successfully had the protection order dismissed and has since publicly exposed her false accuser. She’s also filed a lawsuit and endeavors to have the laws in her state amended so people like her ex face consequences for defrauding the court (which at present they never do…anywhere). After her exoneration in court, she says her ex starting circulating it around town that she tried to kill him.

Now her former boyfriend complains that the stir she’s caused by expressing her outrage in public media is affecting his business, and he reportedly wants to obtain a restraining order to shut her up…for exposing his last attempt to get a restraining order…which was based on fraud.

He feels defamed, you see.

Public exposure is not the same thing as being put on the legal rack, but, oh, how those outed for lying will snivel and pule. They expected their testimony would be neatly kept under wraps, and it’s just…not…fair!

Anyone who doubts or misconceives the torments of legal abuse need only look to the whiners who object to being revealed as its perpetrators to be disabused of illusion.

Copyright © 2015 RestrainingOrderAbuse.com

*First Amendment advocate Matthew Chan, who recently prevailed in a protection order appeal before the Georgia Supreme Court, keeps a constant vigil over what’s said about him by his own accuser, who reportedly began a social media campaign to reboot the conflict after the court ruled against her. Larry Smith, who authors BuncyBlawg.com, was ordered to show cause in 2014 why he shouldn’t be censured for writing about his false accuser, a disturbed woman who complained of grave emotional distress. A sometime commenter here, Sean Heeger, has had a restraining order against him extended, has been jailed, and has had his character and sanity impugned for talking publicly about legal abuse. Neil Shelton, who was jailed for a year, alleges his (now ex-)wife’s divorce attorney, a state congresswoman, conspired to frame him as a terrorist to shut him up after he ridiculed her on Facebook for her efforts to frame him for various violations of a restraining order obtained on false grounds (Neil represented himself in six hearings and each time won). Though Neil’s case is extreme, cases like these are exceptional only insofar as the victims of legal abuse have elected to speak out.