I think it does and both sides lose.
As a refresher take a look at my earlier comments on the
Goldwater Rule at this
link. More briefly, the Goldwater Rule was
implemented by the American Psychiatric Association (APA) as ethical guidance
to its members following an incident where a 1964 magazine survey of
psychiatrists concluded that the Republican candidate Barry Goldwater was
“psychologically unfit” to be President of the United States. As you can see from the ad in this previous
post, there was a strong implication by the Lyndon Johnson campaign that a
Goldwater presidency would put the country on a path to nuclear war. Goldwater subsequently sued the magazine and
was awarded damages – three years after he lost the election.
In the meantime, the APA included the following section in the Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry.
Section 7.3
On occasion psychiatrists are asked for an opinion about an individual who is in the light of public attention or who has disclosed information about himself/herself through public media. In such circumstances, a psychiatrist may share with the public his or her expertise about psychiatric issues in general. However, it is unethical for a psychiatrist to offer a professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.
Since I wrote the original post, I have queried many
colleagues who are also APA members and as far as I know no member has ever
been sanctioned by the APA or any of its district branches for violating the
Goldwater Rule. There has been a lot of
intense debate about it and that debate has never been as intense as during the recent
Trump administration. Beyond the debate
there are unequivocal examples of psychiatrists ignoring the Goldwater Rule and,
in some cases, criticizing the APA about it. The rhetoric extends to the point
that the APA invented the rule because it was embarrassed about the original
Goldwater incident and it was suppressing the free speech rights of its members
who felt an ethical duty to use their skills to either warn or protect the
United States from President Trump.
While some have found that rhetoric to be admirable, I do not. First, APA
membership is completely voluntary and the obvious way to escape its long reach
into First Amendment rights is to not be a member. The predictable response to that suggestion
is that all of the benefits of membership will be not be available and that
might put non-members at a disadvantage.
Having been an APA member for over 30 years, I can attest to the fact
that there are minimal advantages to being a member primarily as discounts to
publications by the organization. Even
then, the American Medical Association (AMA) membership fee is much lower and includes
free access to many more publications.
A second consideration is the context of what is
happening. In my previous post, I
pointed out that psychiatrists are trained to assess problems in a particular
context. During years of training that
comes down to a face-to-face discussion with the patient about problems that
were either identified by the patient or someone else. Collateral information is considered and that
can be exhaustive. A diagnosis and problem formulation follows. Until the
profiling of political leaders, criminals, and historical figures came into the
scene in the past few decades there was no suggestion that psychiatrists could
assess people at distance with any degree of accuracy. In fact, criminal
profiling is generally done these days by trained law enforcement personnel
suggesting that no psychiatric qualifications are necessary at all. It all seems predicated on a folk
psychology model that personality features and patterns of behavior are
constant over time and dependent on past behavior. Some of the commentators on this issue have
identified themselves as forensic psychiatrists. Forensic psychiatrists
are paid to do even more exhaustive interviews and review of collateral
information than clinical psychiatrists. They may take 15-20 hours
to do an assessment compared with a clinical psychiatrist who probably has
60-90 minutes at the most. The idea that forensic psychiatrists endorse
assessments at a distance seems even more incongruous to me.
Focusing only on the conclusory article (1) post insurrection
it is clear why psychiatric opinion adds nothing to the political mix. In the first paragraph, the authors conclude
that Trump is “clearly mentally unbalanced and unable to grapple with a reality
that threatens his inflated and fragile ego.” They suggest that only reason that people would
not believe their statement is that they ascribe his behavior to “puckish idiosyncrasy
or creative disruption”. That gives their
statement way too much explanatory power. How about the obvious political considerations
and Trump’s previous behavior as a businessman?
He is clearly a guy who is used to steamrolling over people and often
uses the legal system to do it. He demonstrated
that in the primary and the debates. He
demonstrates it on a weekly basis toward anyone who he thinks is being disloyal
– irrespective of their track record. He threw his Vice President under the bus
for adhering to the Constitution that he was sworn to uphold. Who would
describe that behavior as puckish? Any
objective observer would see that President Trump is a negative force and
somebody that you do not want to deal with and hopefully would never be
employed by. In political terms, he is an autocrat that deals in propaganda and
he knows the power of propaganda. By definition, that is dangerous to any
democratic republic but once again – it has nothing to do with psychiatry or
the special training of psychiatrists.
The preamble in that conclusion: “clearly mentally unbalanced”
is also rhetorical. He has tens of
millions of followers who all believe the propaganda. The authors themselves
acknowledge that if Trump was a private citizen they would not be concerned and
that their concern is only based on the fact that he was the President. This
would be the first case of mental illness based on the condition of Presidency.
The additional evidence in this article that Trump was “delusional”, “impulsive”,
vengeance seeking, or “deranged” is non-existent and it can easily be argued
that deficiency occurs as a direct result of not having personally examined him
to ask him for direct explanations. All
of the examples cited are consistent with the behavior of a highly self-interested
politician or businessman who will do anything to win. In the event that the authors have not
noticed there are tens of thousands of these people walking around in American society. Possibly hundreds of thousands and none of them are being treated by psychiatrists.
The authors previous argument that they have an ethical
responsibility to warn the public about Trump’s dangerousness based on a
presumptive personality disorder falls apart under that scrutiny. If there is no clear evidence of a diagnosis there
seems to be no basis for the authors to base their actions on. Further Trump’s
recent statement on the day of the insurrection and even since are no more
radical than many of his colleagues or followers. Why are psychiatrists needed when
there is nothing to base a professional opinion upon?
Early in the course of the Trump presidency, the issues
arising with the Goldwater Rule were analyzed by Kroll and Pouncey (2). After considering all of the variations their
conclusion was that the Goldwater Rule was based on the need of the APA to
prevent embarrassment to the profession by making statements similar to the
statements made by psychiatrists during the original Goldwater controversy. That
assumes that the APA as a guild is successful in preserving and promoting the
interests of psychiatrists in the USA.
The track record there is very sketchy.
The APA and medicine in general has been completely unsuccessful in
preserving a practice environment conducive to quality care. At many levels it has facilitated that
transition most notably by a near complete lack of opposition to managed care tactics and legislation and more recently collaborative care initiatives. The APA has not been successful in advocating
for patients with the most severe forms of mental illness. There has also not
been any success in advocating for reasonable infrastructure to help the
severely mentally ill avoid homelessness and incarceration. That string of
failures is potentially more embarrassing than whether or not a few
psychiatrists look foolish on the evening news.
I think there is an ethical basis for the Goldwater Rule that extends
far beyond embarrassing the many by the few.
One of the key dimensions that I have not seen anyone
comment one is that most psychiatrists are liberal Democrats. Psychiatry is the
only medical specialty where that is true.
That is a clear bias when assessing a President from the opposite political
party.
The insurrection itself clearly illustrates that
psychiatric intervention in a Constitutional crisis is not possible or advisable. I am basing that on the fact that for 25
years I participated in thousands of civil commitments, guardianships, and
conservatorships. I know all the legal
requirements for these proceedings in both Minnesota and Wisconsin. There is no court in any county in either
state that would accept a legal proceeding against the President based on his
current public behavior. A typical
argument against my position would say it is a utilitarian argument and
therefore limited on those philosophical grounds. I don’t think it is at
all. If you are arguing that
psychiatrists need to be involved, the question needs to be asked: “What
for?” The psychiatrists who have been
the most vocal that President Trump is dangerous or irrational and, in some
cases, claim that they are being stifled by the APA and the Goldwater Rule need
to have an endpoint. Every day
psychiatric practice dictates that if you are seeing a dangerous individual you
have to enact a plan to protect the patient and others. I don’t think that
level of evidence exists – it certainly does not rise to the level of court
intervention. The next step would be approaching members of Congress and asking
for Impeachment or invoking the 25th Amendment. They don’t need
psychiatrists for that. So what
mysterious psychiatric intervention do the Goldwater Rule deniers want to see
happen? Should psychiatrists sitting in
arm chairs call someone in the White House and tell them to remove the
President based on his most recent outrageous statements? That clearly would not work. The concern that he has access to the nuclear
briefcase also does not work. The evidence at this point is very clear, his
cabinet had the opportunity to enact the 25th Amendment and they
declined. Vice President Pence declined
even after he was publicly berated by the President. Limits were set by the Department
of Justice, the Joint Chiefs of Staff, social media companies, the National
Guard and law enforcement on the ground.
President Trump had an unorthodox exit from the White House but he did
leave. Several days later the public was
informed that he left a letter for President Biden.
The Republic survived without psychiatric intervention and none was indicated. The Goldwater Rule did not prevent some psychiatrists from making
rhetorical statements from both the right and the left. Nobody was sanctioned because from a practical standpoint it is ethical
guidance – and I think it is good ethical guidance.
Is there a role for psychiatrists in these situations apart
from making a speculative guess about the mental status of the Commander-in-Chief?
I think there is and that is in an
advisory capacity about some of the group dynamics and containment of violence
that occurred. It is absolutely critical to notice when propaganda is being
used to incite violence or in this case an insurrection. Propaganda is not a “shared
delusion” it is emotionally charged speech that can lead to fixed irrational
positions. It has to be recognized and
countered in order to prevent the mass level of dysfunction associated with the
denial of systemic racism, pandemic denial, mask denial, climate change denial,
and the denial that the Presidential election was free and fair. All of those levels of denial associated with
the Trump administration occur in the context of longstanding denial that there
is a serious problem with firearms in this country. If psychiatrists want to be politically involved
– those are the hard problems that need to be addressed.
There is much to be said for psychiatrists’ experience
with containing violence and aggression.
When I witnessed what happened on January 6, I had many concerns about Inauguration
Day. My primary concerns were whether
there would be adequate force to stop a similar attack and minimize the risk of
injury to the police or demonstrators.
As I saw the barriers erected my concern was whether they was a plan in
place to keep large groups away from the fences and avoid a violent
confrontation. Was there intelligence
about the possibility of foreign actors taking advantage of the situation? And
most of all – did the police and National Guard have clear rules of
engagement to contain escalating violence and aggression and avoid serious
injuries. It turns out that everything
except the rules of engagement were handled well.
My advice about the Goldwater Rule either way is straightforward. Forget about debating the
President’s mental status in public. The
standard for Presidential capacity is a lay standard and not specified by any
statute. Psychiatric opinion is and will
be remain unnecessary. And if an APA member decides they want to bring an
ethics complaint based on a violation of the Goldwater Rule – that is a waste
of time as well. Stay focused on your own medical professionalism and remember that
being a psychiatrist does not necessarily make you immune to emotional
reasoning, political rhetoric, or propaganda. There are probably many more friends,
neighbors, and relatives that need to get back on track to carry on the more mundane
work of democracy.
George Dawson, MD, DFAPA
References:
1: Leonard L.
Glass, Edwin B. Fisher, Bandy X.
Lee. Trump’s Danger is now
Undeniable. He is clearly
mentally unbalanced and unable to grapple with a reality that threatens his
inflated and fragile ego. Boston
Globe January 7, 2021.
2: Kroll J, Pouncey
C. The Ethics of APA's Goldwater Rule. J Am Acad Psychiatry Law. 2016
Jun;44(2):226-35. PMID: 27236179.
Graphics Credit:
1: Donald J Trump
official portrait By Shealah Craighead - White House, Public Domain, https://commons.wikimedia.org/w/index.php?curid=63769676 Downloaded from Wikimedia Commons on
1/29/2021
2: Barry Goldwater
1960 portrait By United States Senate - https://www.senate.gov/artandhistory/history/common/generic/Featured_Bio_GoldwaterBarry.htm Public Domain, https://commons.wikimedia.org/w/index.php?curid=79152516
Downloaded from Wikimedia Commons on 1/29/2021
Supplementary:
I decided to attach the next several paragraphs based on what I have encountered over the Goldwater Rule into arguments I have heard from deniers and supporters of the rule. The last section are my personal observations (from above) - admittedly not independent of the others
Goldwater Rule Deniers:
1: Psychiatric or mental health experience is necessary in
the case where a President may be incapacitated and unable to perform their
duties.
2: Psychiatrists are ethically bound to publicly speak out
if the President is incapacitated and a potential danger to the country.
3: The only reason the Goldwater Rule exists is to prevent
embarrassment of the psychiatric profession.
4: There may be an
element of financial conflict of interest if the Goldwater Rule was recently
modified over concerns that the APA may receive less money/tax benefit because of
criticism of the President.
4: The APA suppresses the free speech rights of
psychiatrists who speak out on the basis of their public assessment of the
President.
5. At least some deniers
of the Rule believe that there should be a lower standard for capacity or
mental illness if it is applied to the President. In other words, psychiatric
opinion is conditional on whether or not the person being observed is the
elected President at the time.
6. The personal interview
is not reliable and all of the information necessary to make a diagnosis is
already out there in the public domain.
7. The President's personality or alleged mental illness is the primary problem in what appear to be poorly thought out decisions.
Goldwater Rule Supporters:
1: The Rule is the
rule and direct examination of the patient is required to get the assessment
out of a purely speculative mode where observations potentially have multiple
possible meanings.
2: The politicization
of psychiatry is inevitable with experts for either party.
3: The politicization
of psychiatry potentially impacts patients’ willingness to see psychiatrists
for help.
4: Competency versus
capacity – competency requires legal definition, capacity may be informal but
that is unlikely in a contested procedure.
5: Scientific
accuracy of predictions of dangerous behavior are not good (Estelle v.
Barefoot and APA amicus brief)
6: Psychiatrists are
not immune to rhetoric, propaganda or emotionally charged speech. The original
treatment of Goldwater is a good example.
7: If the issue is
dangerousness and we are talking about President Trump there were many more
dangerous presidents based on total war casualties that occurred during their
terms – including Lyndon Johnson who was elected in part on the alleged
dangerousness of his opponent Barry Goldwater.
8: The President's personality or alleged mental illness is difficult to separate from purely political tactics like intentional misinformation or propaganda that are designed to disrupt and manipulate the electorate.
GD:
1: The Rule is ethical
guidance that has never been enforced.
2: The Rule is
obviously ignored – nobody has ever been sanctioned by the APA or a District
Branch in the 50 years it has been in effect
3: The Rule only
applies to APA members so people outside of the APA should not be concerned
about it. If you are really concerned
about it don’t be an APA member and comment as much as you like.
4: Presidential
capacity is a lay standard that is not specified in any legal statute. In other
words, there are no judicial descriptions of a standard for Presidential
incapacity, no standard of proof.
5: There is no
mechanism to remove the President from office based on psychiatric
opinion. There are however political and legal mechanisms
(25th Amendment, Impeachment) to remove the President based on the
opinion of his cabinet and in the case of repeated impeachments disqualify from
further election eligibility. A
non-psychiatric standard is defined in the 25th Amendment.
6: In retrospect, some
of the original campaign against Goldwater was propaganda (see ad on nuclear war)
and that was reflected in some of the psychiatric opinion at the time.
7: Psychiatrists
potentially have a more significant role at the level of the group dynamics of
violence, aggression, misinformation, propaganda, and the containment of violence
and aggression.
8: Several polls have characterized psychiatry as the most liberal medical specialty and the only one where a majority of members are Democrats. That conflict of interest should be disclosed when commenting on opposition party politicians.