KIRO NEWSRADIO OPINION

Ross: A perfect match of willful blindness and Trump’s trial

Nov 3, 2023, 8:05 AM | Updated: 9:43 am

Whatever you think about the Trump legal drama, it represents a once-in-a-generation opportunity to learn some of the more obscure principles of criminal law. And one of those principles is “willful blindness.”

“What the law says is that you can’t get around criminal liability by purposefully avoiding knowledge of the criminality of the act,” former state Attorney General Rob McKenna said.

More from Dave Ross: Theater needs to change to adapt to a new audience

According to our KIRO Newsradio legal consultant McKenna, the Supreme Court established the theory of willful blindness so that white-collar criminals can’t just deliberately hire corrupt advisors and then claim, “Hey, they told me it was legal.”

“The value of the willful blindness theory is that you don’t have to be convinced that the person knew he was lying. You have this other option, which is to conclude that he just avoided knowledge and facts that would have contradicted what he did,” McKenna said.

“In other words, if you just avoid looking at all the evidence that the election was not stolen, if you avoid looking at evidence that the people you’re organizing on January 6, they’re going to riot at the Capitol or, you know, you avoid knowing the facts around the Constitution and the Vice President’s role than potentially willful blindness could overcome your claim that you really believed what you said he believed,” he continued.

But you can see why Trump would use this approach, right?

Because everybody does it. Willful blindness is an epidemic. Millions of us are willfully blind to any facts that don’t fit our worldview. We are willfully blind to news channels that don’t reinforce what we already believe; some people even want to remove certain books to impose willful blindness on others.

So why shouldn’t Trump be free to do the same thing?

“Because he swore an oath to uphold and defend the Constitution and the laws of the United States,” McKenna said. “And with that oath comes a responsibility to know what the Constitution says and what the laws of the United States are.”

Ah, that’s the catch. It turns out that when you swear an oath, especially the oath required of all those who assume public office, it means something.

“His role as president and defender of the Constitution and the laws of our country do put him in a different role than a typical citizen would be,” McKenna said.

So yes, Trump’s supporters are right. He is being treated differently. To quote the great Ray Stevens, “There are none so blind as he who will not see.”

And if you try that in court, in a jail cell you could be.

Listen to Seattle’s Morning News with Dave Ross and Colleen O’Brien weekday mornings from 5 – 9 a.m. on KIRO Newsradio, 97.3 FM. Subscribe to the podcast here.

Please follow our Community Guidelines

Dave's Commentary

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

KIRO Newsradio Opinion

seattle grocery crime plan...

Gee Scott and Ursula Reutin Show

‘We cannot deal with the level of crime’: Ursula suggest $1.7M grocery plan reveals what Seattle can’t fix

Seattle will put $1.7 million into grocery store security and food access. Ursula says the funding is welcome but doesn't address the poverty behind the theft.

46 minutes ago

Trump (1)...

Gee Scott

Gee: Wait, what?! I thought socialism was bad

Explore why some conservatives support Trump's socialism proposal and its implications for married couples and families.

1 hour ago

edmonds parental rights fight...

Jake Skorheim and Spike O'Neill Show

‘Parents deserve a seat at the table’: Jake ties the Edmonds school scandal to the broader parental rights fight

Jake Skorheim connects the Edmonds scandal to the parental rights fight, emphasizing the need for parental involvement in education.

8 hours ago

seattle mayor katie wilson hostage video...

Jake Skorheim and Spike O'Neill Show

‘Looks like a hostage video’: Jake breaks down Seattle Mayor Katie Wilson’s progressive efficiency pitch

Seattle Mayor Katie Wilson released a roughly 100-second video on social media arguing that "effective government is a progressive value."

9 hours ago

natural gas vote initiative 2066...

Charlie Harger

Harger: Nearly 2 million voted to protect natural gas. Four topics on one page killed it

Nearly 2 million Washingtonians voted to protect natural gas in 2024 with Initiative 2066, and last Thursday the Washington State Supreme Court struck it down.

10 hours ago

landlord...

John Curley Show

‘Where’s the emergency for the landlord?’: Curley questions Spokane’s new rent ordinance after fire

KIRO host John Curley had a question after the Spokane City Council passed a new tenant protection ordinance. What about the landlords?

23 hours ago

Ross: A perfect match of willful blindness and Trump’s trial