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.”

Sex, Restraining Order Abuse, and the “Dark Triad”: Narcissism, Machiavellianism, and Psychopathy

“Socially aversive personality traits such as Psychopathy, Machiavellianism, and Narcissism have been studied intensively in clinical and social psychology. […] Although each of these three constructs may have some unique features not shared by the other two, they do appear to share some common elements such as exploitation, manipulativeness, and a grandiose sense of self-importance. Accordingly, Paulhus and Williams (2002) have called these three constructs the ‘Dark Triad’ of personality….”

Kibeom Lee and Michael C. Ashton

“Members of the Dark Triad tend to be especially untrustworthy in the mating context.”

Daniel N. Jones and Delroy L. Paulhus

Restraining orders are commonly used to sever relationships. The assumption is that the applicant of a restraining order has been the victim of mistreatment. Many who’ve been implicated as abusers, however, report mistreatment by manipulative personalities who then exploited court process to dominate them, garner attention, and/or deflect blame for their own conduct—typically by lying through their teeth.

It turns out there’s a sexy phrase for the collective personality traits exhibited by manipulators of this sort: the “Dark Triad.”

Several of the posts on this blog have discussed personality-disordered and high-conflict people (who may be personality-disordered), and such people are a central focus of the work of attorney, mediator, and therapist Bill Eddy and psychologist Tara Palmatier, whom I’ve frequently quoted and who’ve written volubly about abuses of legal process by predatory personalities. Narcissism and psychopathy, two of the constituents of the Dark Triad, also qualify as “Cluster B” personality disorders.

As should be evident to anyone who’s read up on these matters, there’s a high degree of overlap among attempts to define, differentiate, and distinguish the mentally kinked.

The context in which the phrase Dark Triad is applied is interpersonal relationships that are familiarly called “romantic.” This should be of interest to victims of court process, because their abusers are more often than not current or former spouses, boy- or girlfriends, or intimates.

The concept of the Dark Triad should also be of interest to them because clinical labels may only roughly match their abusers’ conduct, conduct like deception, inexplicable betrayals, irreconcilable (mixed) messages, etc. (behaviors that “don’t make sense”). People who fall within this (subclinical) delta of personality quirks represent their interest and intentions to be sincere, and reveal them, often abruptly, to have been shallow or even sinister.

From “How the Dark Triad Traits Predict Relationship Choices” (Jonason, Luevano, & Adams):

The Dark Triad traits should be associated with preferring casual relationships of one kind or another. Narcissism in particular should be associated with desiring a variety of relationships. Narcissism is the most social of the three, having an approach orientation towards friends (Foster & Trimm, 2008) and an externally validated ‘ego’ (Buffardi & Campbell, 2008). By preferring a range of relationships, narcissists are better suited to reinforce their sense of self. Therefore, although collectively the Dark Triad traits will be correlated with preferring different casual sex relationships, after controlling for the shared variability among the three traits, we expect that narcissism will correlate with preferences for one-night stands and friend[s]-with-benefits.

In contrast, psychopathy may be characterized by an opportunistic, exploitive mating strategy (Figueredo et al., 2006; Jonason et al., 2009b; Mealey, 1995). Booty-call relationships by their very name denote a degree of exploitation. That is, individuals use others—their booty-call partner[s]—for sex by a late night phone call with the expressed or implied purpose of sex (Jonason et al., 2009). Therefore, we expect that after controlling for the shared variability among the three traits, psychopathy will be correlated with preferences for booty-call relationships. Such a relationship may be consistent with their exploitive mating strategy. Last, although prior work has linked Machiavellianism with a short-term mating style (McHoskey, 2001), more sophisticated analyses controlling for the shared correlation with psychopathy has revealed that Machiavellianism might not be central to predicting short-term mating (Jonason et al., 2011). Therefore, we expect Machiavellianism to not be correlated with preferences for any relationships.

What we’re talking about, basically, are people who exploit others for sexual attention and/or satisfaction (that is, players). The common denominator is a disinclination toward or disinterest in what’s called a “meaningful” or “serious” relationship. The motive is noncommittal, urge-driven self-pleasure (assisted masturbation, as it were). Psychologists sometimes remark in writing about narcissists in other contexts that they entertain “romantic fantasies” but conclude that these fantasies are exclusively about personal feelings and not interpersonal anything.

What we’re talking about in the context of abuse of restraining orders are people who exploit others and then exploit legal process as a convenient means to discard them when they’re through (while whitewashing their own behaviors, procuring additional narcissistic supply in the forms of attention and special treatment, and possibly exacting a measure of revenge if they feel they’ve been criticized or contemned).

Since it’s only natural that people with normally constructed minds will struggle to comprehend the motives of those with Dark Triad traits, they conveniently set themselves up for allegations of harassment or stalking, which are easily established with nothing more than some emails or text messages (that may, for example, be pleas for an explanation—or demands for one). People abused by manipulators who then abuse legal process to compound their injuries typically report that they were “confused,” “angry,” and/or “wanted to understand.”

This is the Jonason & Webster “Dirty Dozen” scale for assessing Dark Triad candidacy:

  1. I tend to manipulate others to get my way.
  2. I tend to lack remorse.
  3. I tend to want others to admire me.
  4. I tend to be unconcerned with the morality of my actions.
  5. I have used deceit or lied to get my way.
  6. I tend to be callous or insensitive.
  7. I have used flattery to get my way.
  8. I tend to seek prestige or status.
  9. I tend to be cynical.
  10. I tend to exploit others toward my own end.
  11. I tend to expect special favors from others.
  12. I want others to pay attention to me.

Victims of restraining order abuse by manipulative lovers or “romantic” stalkers will note a number of correspondences with their accusers’ personalities, as well as discern motives for their lying to the police and courts, which elicits special treatment and attention from authority figures…and subsequently every other sucker with whom they share their “ordeal.”

Copyright © 2014 RestrainingOrderAbuse.com

*Some specialist monographs on this subject are here.