Spotlight on Rhetoric - The comments of Secretary Bessent Begs the Question About how to Call Out an Out of Control Opponent

 

Query:  When, if ever, is it appropriate to call out the tactics of an opponent by naming the perpetrator?

 

To many the answer, at least while engaging in oral argument before a court is never.  But the recent rhetoric of perhaps our best-ever Secretary of the Treasury, Scott Bessent, raises the issue.

 

As summarized by Google, Secretary Bessent named a particular Chinese Communist Party official,  Li Chenggang, as the gentleman who had been attempting to derail a crucial trade deal with inflammatory language and displays of pure aggression:

 

As of October 2025, U.S. Treasury Secretary Scott Bessent has publicly called out Chinese official Li Chenggang by name

. Bessent's strong criticism of Li's behavior during a visit to Washington in August 2025 led to China dismissing Li from his position as a lead trade negotiator. 

Key details of the incident:

• The officials: U.S. Treasury Secretary Scott Bessent and Chinese trade negotiator Li Chenggang.
• The event: Bessent accused Li of arriving in Washington uninvited in August 2025 and acting in an "unhinged," "disrespectful," and "very incendiary" manner during trade discussions.
• The reason for the dispute: Bessent claimed Li threatened that "China will cause global chaos" if the U.S. proceeded with its plan to charge port fees on China-linked vessels.
• The outcome: In October 2025, China removed Li from his post shortly after Bessent's public comments. Li had also previously been serving as China's representative to the World Trade Organization.

 

Assuming Bessent is correct about what Mr. Li said, one many debate whether it was proper to call him out individually, and, assuming doing so was effective rhetoric (it was), what does this tell us about litigation strategy?  Most litigators have encountered opposing counsel who act unprofessionally and, even worse, may hide documents, intimidate third-party witnesses, or ignore court orders.  Though the temptation is to  mention the person by formal name in one's papers and oral argument, the generally-accepted practice is to refer to the conduct as being that of "plaintiff's counsel" or, if one can do this without a trace of irony, "my colleague on the other side."

 

This, of course, is designed to show the court the dispute is over the tactics of opposing counsel and not a personal dispute.  However, there are times it may be wise to let the court know, with grace and subtlety, that there is not a "war" between the firms or ever between the parties, though the latter certainly have issues to resolve.  Rather, the court may need to know that a particular counsel is the problem and that you would like to remain civil and have the behavior improve rather than responding in kind with a personal attack.

 

In this case, one somewhat subtle but still effective line of argument, to the effect the real issue is the conduct of a particular lawyer on that case, is the following:

 

Your honor, we are disappointed we have to bring to your attention our colleague's improper attempts to contact the witness [or whatever].  Our firm has worked well with opposing counsel's firm on prior issues, and we hope to do so in the future, but in this particular case things seem to be different and there seems to be an issue we need to have addressed.

 

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Spotlight on Excellence in Rhetoric: J.K. Rowling Explains Pointedly Why Emma Watson Is so Ignorant About Women's Rights

 J.K. Rowling:  "Adults can't expect to cosy up to an activist movement that regularly calls for a friend's assassination, then assert their right to the former friend's love, as though the friend was in fact their mother." 

 

As an appellate advocate, I like to highlight good rhetoric, whether in writing or spoken in public.  So today we highlight the recent comments from our hero and a true treasure in terms of Western Civilization, the brave and fearless J. K. Rowling.  She points out the silly and immature ignorance of those who criticize her for standing up for women's only spaces:

I'm seeing quite a bit of comment about this, so I want to make a couple of points. I'm not owed eternal agreement from any actor who once played a character I created. The idea is as ludicrous as me checking with the boss I had when I was twenty-one for what opinions I should hold these days.

 

Emma Watson and her co-stars have every right to embrace gender identity ideology. Such beliefs are legally protected, and I wouldn't want to see any of them threatened with loss of work, or violence, or death, because of them.

 

However, Emma and Dan in particular have both made it clear over the last few years that they think our former professional association gives them a particular right - nay, obligation - to critique me and my views in public. Years after they finished acting in Potter, they continue to assume the role of de facto spokespeople for the world I created. When you've known people since they were ten years old it's hard to shake a certain protectiveness. Until quite recently, I hadn't managed to throw off the memory of children who needed to be gently coaxed through their dialogue in a big scary film studio. For the past few years, I've repeatedly declined invitations from journalists to comment on Emma specifically, most notably on the Witch Trials of JK Rowling. Ironically, I told the producers that I didn't want her to be hounded as the result of anything I said.

 

The television presenter in the attached clip highlights Emma's 'all witches' speech, and in truth, that was a turning point for me, but it had a postscript that hurt far more than the speech itself. Emma asked someone to pass on a handwritten note from her to me, which contained the single sentence 'I'm so sorry for what you're going through' (she has my phone number). This was back when the death, rape and torture threats against me were at their peak, at a time when my personal security measures had had to be tightened considerably and I was constantly worried for my family's safety. Emma had just publicly poured more petrol on the flames, yet thought a one line expression of concern from her would reassure me of her fundamental sympathy and kindness.

 

Like other people who've never experienced adult life uncushioned by wealth and fame, Emma has so little experience of real life she's ignorant of how ignorant she is. She'll never need a homeless shelter. She's never going to be placed on a mixed sex public hospital ward. I'd be astounded if she's been in a high street changing room since childhood. Her 'public bathroom' is single occupancy and comes with a security man standing guard outside the door. Has she had to strip off in a newly mixed-sex changing room at a council-run swimming pool? Is she ever likely to need a state-run rape crisis centre that refuses to guarantee an all-female service? To find herself sharing a prison cell with a male rapist who's identified into the women's prison?

 

I wasn't a multimillionaire at fourteen. I lived in poverty while writing the book that made Emma famous. I therefore understand from my own life experience what the trashing of women's rights in which Emma has so enthusiastically participated means to women and girls without her privileges. The greatest irony here is that, had Emma not decided in her most recent interview to declare that she loves and treasures me - a change of tack I suspect she's adopted because she's noticed full-throated condemnation of me is no longer quite as fashionable as it was - I might never have been this honest.

 

Adults can't expect to cosy up to an activist movement that regularly calls for a friend's assassination, then assert their right to the former friend's love, as though the friend was in fact their mother. Emma is rightly free to disagree with me and indeed to discuss her feelings about me in public - but I have the same right, and I've finally decided to exercise it.

 

Brilliant words which you may find at:

https://x.com/jk_rowling/status/1972600904185483427  

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