Think
about
politicians
or
pundits:
When
they
want
to
express
an
outrageous
idea,
they
phrase
the
idea
as
a
question,
so
they
can
disavow
its
import.
Take
two
recent
examples:
“Maybe
the
attack
on
Paul
Pelosi
was
an
inside
job.
Or
the
supposed
assailant
was
a
male
prostitute.
I’m
not
saying
that
these
things
are
true,
but
we
have
to
ask
questions,
don’t
we?
How
could
you
possibly
object
to
asking
questions?”
Or:
“I’m
not
saying
that
the
2020
presidential
election
was
rigged.
But
people
have
questions
about
the
election.
Why
do
you
object
to
people
asking
questions?
We
have
to
get
to
the
truth.”
This
is
outrageous
without
seeming
to
be
outrageous.
Suppose
we
turned
the
tables,
and
a
pundit
or
politician
were
asked:
“I’m
not
saying
that
you’re
a
recidivist
rapist
ax-murderer.
But
surely
that’s
an
important
question
to
ask.
We
should
answer
it.”
After
the
politician
huffed
and
sputtered,
the
questioner
could
go
on:
“You’re
getting
terribly
upset
when
I
ask
whether
you’re
a
recidivist
rapist
ax-murder.
Why
do
you
get
so
defensive
when
I
ask
the
question?
Methinks
thou
doth
protest
too
much.
Maybe
there’s
something
there
after
all.”
Courts
have
a
way
of
dealing
with
this:
Any
question
that
you
pose
in
court
must
have
a
reasonable
basis
in
fact.
If
you
have
evidence
suggesting
that
something
is
true,
then
you
can
ask
a
question
about
the
subject.
But
you
can’t
make
stuff
up
and
say
that
you’re
just
asking
questions.
Thus:
If
you
had
evidence
that
the
attack
on
Pelosi
was
an
inside
job,
you
could
ask
a
question
about
it.
But
if
you
had
no
reason
to
think
that
was
true,
the
question
would
be
off-limits.
So,
too,
with
the
2020
election
or
recidivist
rapist
ax-murderers.
There
is,
of
course,
no
way
to
enforce
this
legal
rule
outside
of
court,
but
isn’t
it
a
good
one?
If
you
have
reason
to
think
something
is
true,
ask
away.
If
you’re
just
making
stuff
up,
be
quiet
and
take
a
seat.
Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
is
now
deputy
general
counsel
at
a
large
international
company.
He
is
the
author
of
The
Curmudgeon’s
Guide
to
Practicing
Law and Drug
and
Device
Product
Liability
Litigation
Strategy (affiliate
links).
You
can
reach
him
by
email
at inhouse@abovethelaw.com.