Paleoconservatism, natural law, and the death penalty

Gilead

White Christian nationalism


Fig. 1. If one weighs by geography rather than population, Pennsylvania is very much a white Christian nationalist kind of place. Photograph by author, January 5, 2023.

The paleoconservative mind is a strange, arguably paranoid, certainly delusional mind.

Even four years after the crime, as he interviewed the defendant, [Richard] Rogers described [Robert] Bowers as almost gleeful in some of his descriptions — often smiling, sometimes laughing and pointing out things that he thought were funny or ironic from the day of the [Tree of Life Synagogue] attack.

For example, Bowers told Rogers he remembered feeling bad about parking in a handicapped space at the synagogue that day because it was illegal, and then laughing because killing people was immensely more illegal, the witness said.

Bowers described himself to Rogers as calm and focused that day.

He was proud of his actions on what he referred to as “Attack Day,” and thought he would be venerated for them — maybe with a parade or medals.

“He felt he had done something in his mind that might be seen as heroic,” Rogers said.[1]

That Robert Bowers believed he would be seen as a hero for killing Jews in a synagogue[2] is consistent with the paleoconservative beliefs that, 1) on some level, all white people agree with them (paleoconservatives); 2) races should be segregated; and 3) white people are subject to attack or “displacement” by people of color[3] and, in this flavor, by Jews. A subset of paleoconservatism anticipates and prepares for race war. I must leave to others whether this counts as criminal insanity, though I would warn anyone diagnosing Bowers against a reductive approach, which I suspect leads to Richard Rogers’ diagnosis. In anything social, context is crucial, and there is a context to Bowers’ actions that offers a rationale for genocidal acts.

That leads me to question, though I cannot say, whether Bowers was unable to form criminal intent. I do not assume he was incapable of recognizing ‘right’ from ‘wrong’—indeed, he regretted parking in a handicapped spot.[4] My question is whether he has a homicidal notion of ‘right.’

To assume that all people have the same sense of ‘right’ and ‘wrong’ would be to reify natural law, in which the Christian god is alleged to have planted identical notions of ‘right’ and ‘wrong’ in all humans. This presumption was flatly wrong, which is, in large part, why we now primarily rely on written law.[5] That we do not share Bowers’ sense of ‘right’ does not mean he does not have one; it means only that we disagree with it, as we should, as it is entirely incompatible with the entirely laudable goal of living with each other in peace.

But disagreement cannot be the basis of a finding of insanity. This would require us to regard any disagreement on morality in the same way, reifying the natural law understanding of insanity as an impairment of those “god-given” senses of ‘right’ and ‘wrong.’ And ‘severity’ is a slippery slope if ever there was one. I might see a sign outside Emsworth, a Pittsburgh suburb along the Ohio River, that claims that “leftism is a mental disease,” but this does not assure me as to the sanity of its anonymous author, let alone particularly to doubt the sanity of progressives. Rogers, however, would have us doubt the sanity of someone who holds paleoconservative beliefs, largely on the grounds of those beliefs:[6]

Among the evaluations he conducted on the defendant, [Richard] Rogers said several were designed to show if [Robert] Bowers was faking his psychotic symptoms.

The tests showed he was not, he testified.

What they did show was that, in 2018, Bowers was experiencing “extreme persecutory and nihilistic delusions that the Jews are responsible for invaders entering the United States and destroying white persons,” Rogers testified.

In spring 2018, he continued, Bowers displayed “clearly manifested symptoms of schizophrenia.”

“This became his life,” Rogers said. “The thinking, the planning, the preparation. The act became his life.”

Rogers said that during his interview with him, Bowers became excited when talking about his feelings about Jews.

“He was doing this not just for himself. He was doing it for the white race — to stop race mixing, to stop the widespread killing of white children,” Rogers said. “It was a call to action, a call that this needs to be done.

“One of his goals was to get people to follow his example.”

Rogers measured the severity of Bowers’ delusions as “extreme,” in which he could “hurt himself or hurt others.”[7]

Much of what Rogers labels as extremely delusional[8] is, flatly, paleoconservative ideology. And even though it is false,[9] it does offer a rationale, even if woefully insufficient, for Bowers’ killings.

But on cross-examination, U.S. Attorney Eric Olshan repeatedly asked Rogers if he recognized that many of the hateful things Bowers said about Jews were popular tropes online and beliefs shared by an entire population of white supremacists. It is common on sites like Gab.com for people to claim that Jews run the government and media and that they are trying to replace the white population — called white genocide, Olshan said.

So, he asked Rogers, are all those other people delusional too?

Rogers disagreed.

“We’re talking about the severity of the beliefs and the actions taken for the beliefs,” he answered.[10]

Bowers’ life may well depend on jurors accepting Rogers’ diagnosis. There is, evidently, a considerable mental health history, including a stay at the notorious Southwood Psychiatric Hospital in Upper Saint Clair, that Rogers seems to have testified to.[11] (The hospital is long gone, the property was redeveloped into housing for the well off, and I wonder how many of its present occupants know of its history.)

Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/


Imperialism

Russia

Ukraine
Wagner mutiny

Robyn Dixon and Mary Ilyushina, “Wagner mercenary boss faces arrest over ‘incitement to armed rebellion,’” Washington Post, June 23, 2023, https://www.washingtonpost.com/world/2023/06/23/prigozhin-wagner-mercenary-russia-military/

Gabriel Gavin, Tim Ross, and Zoya Sheftalovich, “Putin in crisis: Wagner chief Prigozhin declares war on Russian military leadership, says ‘we will destroy everything,’” Politico, June 23, 2023, https://www.politico.eu/article/putin-in-crisis-as-wagner-chief-prigozhin-declares-war-on-russian-military-leadership/

Yaroslav Trofimov, “Russia Issues Arrest Warrant for Wagner Chief on Charges of Mutiny,” Wall Street Journal, June 23, 2023, https://www.wsj.com/articles/ukraine-shoots-down-russian-cruise-missile-barrage-9d9da03a

Nick Allen, “US says Wagner coup is ‘real’ and ‘serious’ as White House consults allies,” Telegraph, June 24, 2023, https://www.telegraph.co.uk/world-news/2023/06/24/wagner-coup-russia-us-reaction-joe-biden-vladimir-putin/

Anne Applebaum, “Russia Slides Into Civil War,” Atlantic, June 24, 2023, https://www.theatlantic.com/international/archive/2023/06/russia-civil-war-wagner-putin-coup/674517/

Peter Baker, “Short-Lived Mutiny in Russia Sheds Light on Putin’s Hold on Power,” New York Times, June 24, 2023, https://www.nytimes.com/2023/06/24/us/politics/us-russia-putin.html

Colin Freeman, “How Yevgeny Prigozhin went for broke — then left everyone guessing,” Telegraph, June 24, 2023, https://www.telegraph.co.uk/world-news/2023/06/24/how-yevgeny-prigozhins-wagner-group-launched-coup-russia/

Gabriel Gavin and Christian Oliver, “Kremlin says Prigozhin will depart for Belarus after his rebellion fizzles,” Politico, June 24, 2023, https://www.politico.eu/article/wagner-group-russia-forces-turn-back-moscow-prigozhin-declares/

James Kilner, “Putin’s aura of invincibility is shattered – and in Russia, weakness is terminal,” Telegraph, June 24, 2023, https://www.telegraph.co.uk/world-news/2023/06/24/putin-betrayal-russia-coup-armed-mutiny-wagner-prigozhin/

Ellen Nakashima and Shane Harris, “U.S. spies learned in mid-June Prigozhin was plotting Russia uprising,” Washington Post, June 24, 2023, https://www.washingtonpost.com/national-security/2023/06/24/us-intelligence-prigozhin-putin/

Tom Nichols, “The Coup Is Over, but Putin Is in Trouble,” Atlantic, June 24, 2023, https://www.theatlantic.com/international/archive/2023/06/putin-russian-coup-over-prigozhin-wagner/674522/

Richard M. Nixon [Justin Sherrin], “Russia Briefing,” Patreon, June 24, 2023, https://www.patreon.com/posts/russia-briefing-85060327

Robert Tombs, “Putin is not out of the woods – he stands gravely weakened,” Telegraph, June 24, 2023, https://www.telegraph.co.uk/world-news/2023/06/24/putin-not-out-of-woods-gravely-weakened/

Yaroslav Trofimov, “Russia’s Putin Orders Military to Crush Wagner Power Grab, Calls It Treason,” Wall Street Journal, June 24, 2023, https://www.wsj.com/articles/ukraine-shoots-down-russian-cruise-missile-barrage-9d9da03a

Benoit Faucon, Joe Parkinson and Thomas Grove, “Why Wagner Chief Prigozhin Turned Against Putin, ” Wall Street Journal, June 25, 2023, https://www.wsj.com/articles/wagner-prigozhin-putin-mutiny-moscow-march-7072d6ea

Michael R. Gordon and Alan Cullison, “Wagner Mutiny Revives U.S. Fears Over Control of Russia’s Nuclear Weapons,” Washington Post, June 25, 2023, https://www.wsj.com/articles/wagner-mutiny-revives-u-s-fears-over-control-of-russias-nuclear-weapons-29319369

Richard Kemp, “Putin’s downfall is only delayed. It’s coming,” Telegraph, June 25, 2023, https://www.telegraph.co.uk/news/2023/06/25/putins-downfall-is-only-delayed-its-coming/

James Kilner, “Putin disappears as allies ask how rebels got so close to Moscow,” Telegraph, June 25, 2023, https://www.telegraph.co.uk/world-news/2023/06/25/vladimir-putin-disappears-question-how-wagner-close-moscow/

James Risen, “Prigozhin and Putin: Dead Men Walking,” Intercept, June 25, 2023, https://theintercept.com/2023/06/25/prigozhin-putin-russia-coup/

Tatiana Stanovaya, “Below is a brief description of Prigozhin’s mutiny and the factors that contributed to its outcome. . . .” Twitter, June 25, 2023, https://twitter.com/Stanovaya/status/1672991911538196482

Ishaan Tharoor, “Putin is reaping what he sowed,” Washington Post, June 25, 2023, https://www.washingtonpost.com/world/2023/06/25/putin-wagner-damage-challenge-image/

Patrick Tucker, “How Prigozhin’s Baby Coup Weakened Everyone in Russia,” Defense One, June 25, 2023, https://www.defenseone.com/threats/2023/06/how-prigozhins-baby-coup-weakened-everyone-russia/387888/

Douglas Busvine, Gabriel Gavin, and Victor Jack, “Putin condemns Wagner rebellion but says Prigozhin’s men are free to go,” Politico, June 26, 2023, https://www.politico.eu/article/yevegeny-prigozhin-wagner-group-russia-ukraine-war-mutiny/

Jamie Dettmer, “Putinism’s demise will be chaotic and violent,” Politico, June 26, 2023, https://www.politico.eu/article/russia-wagner-group-rebellion-vladimir-putin-demise-will-be-chaotic-and-violent/

Robyn Dixon and Mary Ilyushina, “After Putin speech on deal with mercenaries, Russia confronts divisions,” Washington Post, June 27, 2023, https://www.washingtonpost.com/world/2023/06/27/putin-prigozhin-wagner-russia-divided/

Bojan Pancevski, “Wagner’s Prigozhin Planned to Capture Russian Military Leaders,” Wall Street Journal, June 28, 2023, https://www.wsj.com/articles/wagners-prigozhin-planned-to-capture-russian-military-leaders-805345cf

Max Seddon et al., “Vladimir Putin freezes out hardliners after Wagner mutiny,” Financial Times, June 28, 2023, https://www.ft.com/content/1d084fc7-d249-451d-b791-56a05b9010fc

John Feffer, “The Beginning of the End for Putin?” Foreign Policy In Focus, June 29, 2023, https://fpif.org/the-beginning-of-the-end-for-putin/

Max Seddon, Henry Foy, and Polina Ivanova, “Russia detains ‘General Armageddon’ in crackdown on pro-Wagner elites,” Financial Times, June 29, 2023, https://www.ft.com/content/e937199c-a5c1-45d9-85bc-85cf75a3528d


  1. [1]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  2. [2]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  3. [3]David Benfell, “Conservative Views on Undocumented Migration” (doctoral dissertation, Saybrook, 2016). ProQuest (1765416126).
  4. [4]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  5. [5]R. H. Helmholz, Natural Law in Court: A History of Legal Theory in Practice (Cambridge, MA: Harvard University, 2015).
  6. [6]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  7. [7]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  8. [8]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  9. [9]David Benfell, “Conservative Views on Undocumented Migration” (doctoral dissertation, Saybrook, 2016). ProQuest (1765416126).
  10. [10]Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/
  11. [11]Megan Guza, “‘May their memories always be a blessing’: Jewish community comes together after gunman is convicted in synagogue massacre,” Pittsburgh Post-Gazette, June 16, 2023, https://www.post-gazette.com/news/crime-courts/2023/06/16/pittsburgh-tree-of-live-synagogue-shooting-trial-verdict-robert-bowers/stories/202306160050; Paula Reed Ward and Justin Vellucci, “‘I think he was blatantly psychotic,’ psychologist says of Pittsburgh synagogue attacker,” Pittsburgh Tribune-Review, June 29, 2023, https://triblive.com/local/i-think-he-was-blatantly-psychotic-psychologist-says-of-pittsburgh-synagogue-attacker/

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