Cryptic

Cryptic (pronounced krip-tik)

(1) Deliberately mysterious in meaning; puzzling.

(2) A message which is abrupt; terse; short, ambiguous, obscure (ie the effect rather than the intent).

(3) Of things secret; the occult.

(4) Involving use of a code or cipher etc (the stuff of cryptography).

(5) In zoology, fitted for concealing; serving to camouflage (applied especially to the coloring or shape of animals); living in a cavity or small cave (also as cryptozoic).

(6) In cruciverbalism (the compilation of crosswords), the puzzle, or a clue in such a puzzle, using, in addition to definitions, wordplay such as anagrams, homophones and hidden words to indicate solutions (the “cryptic crossword” usually distinguished from the “standard”, “basic” or “simple”.

(7) In biology, apparently identical, but actually genetically distinct.

(7) In biology, as “cryptic ovulation”, a phenomenon noted in certain species where the female shows no perceptible signals indicating a state of fertility (also as “concealed ovulation”).

1595-1605: From the Late Latin crypticus, from the Ancient Greek κρυπτικός (kruptikós) (fit from concealing), from κρυπτός (kruptós) (hidden), from κρύπτω (krúptō) (to hide).  The construct was crypt + -ic.  Crypt was from the Latin crypta (vault), again from the Ancient Greek κρυπτός (kruptós) (hidden).  The suffix -ic was from the Middle English -ik, from the Old French -ique, from the Latin -icus, from the primitive Indo-European -kos & -ḱos, formed with the i-stem suffix -i- and the adjectival suffix -kos & -ḱos.  The form existed also in the Ancient Greek as -ικός (-ikós), in Sanskrit as -इक (-ika) and the Old Church Slavonic as -ъкъ (-ŭkŭ); A doublet of -y.  In European languages, adding -kos to noun stems carried the meaning "characteristic of, like, typical, pertaining to" while on adjectival stems it acted emphatically; in English it's always been used to form adjectives from nouns with the meaning “of or pertaining to”.  A precise technical use exists in physical chemistry where it's used to denote certain chemical compounds in which a specified chemical element has a higher oxidation number than in the equivalent compound whose name ends in the suffix -ous; (eg sulphuric acid (H₂SO₄) has more oxygen atoms per molecule than sulphurous acid (H₂SO₃).  The alternative spelling cryptick is obsolete.  Cryptic is a noun and adjective, cryptical is an adjective and cryptically an adverb; the noun plural is cryptics.

Cryptic’s synonyms can include ambiguous, arcane, enigmatic, equivocal, incomprehensible, mysterious, strange, vague, veiled, abstruse, apocryphal, cabalistic, dark, esoteric, evasive, hidden, inexplicable, murky, mystic, mystical & perplexing.  However, it’s often necessary to distinguish between that thought deliberately obscure in meaning and messages either badly written or too brief for the meaning to be clear.  The familiar modern meaning “mysterious or enigmatic” is surprisingly modern, emerging only in the 1920s.  The noun cryptography (the art & science of writing in secret characters) sates from the 1650s and was either from the French cryptographie or directly from the Modern Latin cryptographia, the construct being the Ancient Greek κρυπτός (kruptós) (hidden) + graphia (of or relating to writing), the practitioner or code-breaker (the latter sense now more common and known also as crypto-analysts) being a cryptographer, the discipline cryptography (or cryptoanalytics) and the adjectival form the cryptographic.

Novelty birthday card on the theme of Freaky Friday (2003).

In English, the Ancient Greek κρυπτός (kruptós) (hidden) proved productive.  A cryptogram can be just about any form of puzzle although as a commercial name (sometimes as crypto-gram) it has been used (on the model of telegram a la the strippergram, gorillagram, kissogram etc).  The idea of cryptocurrency gained the name from (1) the use of cryptography when storing the underlying data in the blockchain (a big-machine distributed database) and (2) the notion of the blockchain as a secure crypt (vault).  In biology, cryptobiosis is a state of life in which all metabolic activity is temporarily halted (a cryptobiont any organism capable of cryptobiosis).  In critical political discourse, crypto- was used (crypto-communist, crypto-Nazi, crypto-fascist etc) to label someone as something they were attempting to conceal.  In medicine, the unfortunate condition cryptorchism (the plural (where required) cryptorchisms) was the failure of one or both testes to descend into the scrotum.  In geology, a cryptoclastic rock is one composed of minute or microscopic fragments.

Pope Benedict XVI with Cardinal George Pell (1941-2023), Australia 2008. 

In his theological writings Pope Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) could be cryptic but when speaking to his flock of 1.3 billion-odd, his thoughts were expressed usually in simple language, his meaning clear.  Not all pontiffs have managed this so Benedict’s pontificate of plain-speaking was welcome, even if his messages didn’t please all.  Even so however, he never manage to issue anything with the raw honesty Pope Adrian VI (1459–1523; pope 1522-1523) showed in the instructions he gave to his nuncio, Francesco Chieregati (1479-1539) his representative at the Diet of Nuremberg, a gathering of the princes of the Holy Roman Empire convened in 1552.  Adrian’s words, a statement of repentance unique in the Church’s history was an admission of the need to reform the corrupted institution which instructed Chieregati to make clear:

“…we frankly confess that God permits this persecution to afflict His Church because of the sins of men, especially of the priests and prelates of the Church. For certainly the hand of the Lord has not been shortened so that He cannot save, but sins separate us from Him and hide His face from us so that He does not hear. Scripture proclaims that the sins of the people are a consequence of the sins of the priests, and therefore (as Chrysostom says) our Savior, about to cure the ailing city of Jerusalem, first entered the Temple to chastise first the sins of the priests, like the good doctor who cures a sickness at its source.

We know that for many years many abominable things have occurred in this Holy See, abuses in spiritual matters, transgressions of the commandments, and finally in everything a change for the worse (et omnia denique in perversum mutata). No wonder that the illness has spread from the head to the members, from the Supreme Pontiffs to the prelates below them. All of us (that is, prelates and clergy), each one of us, have strayed from our paths; nor for a long time has anyone done good; no, not even one.

Therefore, we must all give glory only to God and humble our souls before Him, and each one of us must consider how he has fallen and judge himself, rather than await the judgment of God with the rod of His anger. As far as we are concerned, therefore, you will promise that we will expend every effort to reform first this Curia, whence perhaps all this evil has come, so that, as corruption spread from that place to every lower place, the good health and reformation of all may also issue forth.

We consider ourselves all the more bound to attend to this, the more we perceive the entire world longing for such a reformation. (As we believe others have said to you) we never sought to gain this papal office. Indeed we preferred, so far as we could, to lead a private life and serve God in holy solitude, and we would have certainly declined this papacy except that the fear of God, the uncorrupt manner of our election, and the dread of impending schism because of our refusal forced us to accept it. Therefore we submitted to the supreme dignity not from a lust for power, nor for the enrichment of our relatives, but out of obedience to the divine will, in order to reform His deformed bride, the Catholic Church, to aid the oppressed, to encourage and honor learned and virtuous men who for so long have been disregarded, and finally to do everything else a good pope and a legitimate successor of blessed Peter should do.

Yet no man should be surprised if he does not see all errors and abuses immediately corrected by us. For the sickness is of too long standing, nor is it a single disease, but varied and complex. We must advance gradually to its cure and first attend to the more serious and more dangerous ills, lest in a desire to reform everything at the same time we throw everything into confusion. All sudden changes (says Aristotle) are dangerous to the state. He who scrubs too much draws blood.

We know how prejudicial it has been to the honor of God and the salvation and edification of souls that ecclesiastical benefices, especially those involving the care and direction of souls, for so long have been given to unworthy men.”

Probably plenty of popes could over the centuries have been justified in saying much the same thing but if any were tempted, none did.  Benedict did of course issue the odd statement of (carefully drafted) apology for this and that but they bore the mark of a lawyer’s careful vetting to avoid legal troubles rather than a sinner repenting and seeking forgiveness.  Most of the Church’s problems and scandals were of course not of his making and it was unfortunate his time on the throne came when scandals stretching back decades were being exposed because the publicity these attracted meant there was less attention paid to some of Benedict’s genuinely interesting thoughts on the state of Western Civilization.  Unfortunately, there were occasions on which he should perhaps have been rather more cryptic when discussing these matters, such as the famous address delivered at the University of Regensburg in 2006, entitled Faith, Reason and the University, none of which attracted the attention of the popular press except the one notorious sentence:

“Show me just what Muhammad brought that was new and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.”

The comment was originally written in 1391 as an encapsulation of the view of the Manuel II (1350–1425; Byzantine emperor 1391-1425) but the thoughts were not new to Benedict and nor was its expression but what one says as an academic theologian is less scrutinized than when it comes from the vicar of Christ on earth.  That one brief fragment from the lecture overshadowed what was a thoughtful warning to Western civilization about its internal threats and contradictions, specifically the retreat from reason in moral and political life.  Among academics, the similarity of Benedict’s ideas to those of the German philosopher Leo Strauss (1899-1973) seemed striking and poignant too, the pope among the last of then generation of Germans who, like Strauss, had seen Nazism, probably the most evil of the totalitarianism which was such a feature of the twentieth century.  In their time, Strauss and Benedict both knew the West was facing a crisis, something identified by the philosopher as the very modern culture which had lost “its faith in reason’s ability to validate its highest aims”, understood as the view that notions of right and wrong are historically variable, changing as intellectual fashions shifted.  The pope knew this as moral relativism and understood that a “crisis of political reason… is a crisis of politics as such” which has relegated moral and political knowledge to the realm of radical subjectivity.

Benedict XVI lying in state.

The mortal remains of Pope Emeritus Benedict XVI were moved early in the morning on Monday 2 January 2023, from his former residence in the Vatican's Mater Eccle.  The archpriest of the basilica, Cardinal Mauro Gambetti, received the remains with a liturgical act that lasted about 30 minutes.

As a historical decline, Benedict traced the retreat from the Reformation, through the liberal theology of the last two-hundred years to the latter-day descent of Christendom to cultural relativism.  That didn’t mean the pope wished to undo the Enlightenment, it was rather that scientific positivism should run in parallel with moral certainty.  It might have been better, certainly for the quality of the press coverage, if Benedict had adhered a little more to one of Strauss’ techniques of didacticism: cultured crypticism.  Strauss held that Friedrich Nietzsche (1844–1900) was no proto-Nazi but had written in such an accessible manner that it was simply for the Nazis to twist and appropriate his words for their purposes.  Strauss therefore sought to be more elusive, not wishing to be another misused German philosopher, his words were sometimes cryptic, the meaning able to be unlocked only by the few who had long been immersed.  Benedict too might have been well advised on occasion to remain a little more obscure because he had many interesting things to say which could have been plainly spoken.

Pope Francis conducting the Solemn Requiem Mass.  It's the first time a pope has presided over the funeral of his predecessor since Pius VII (in somewhat different circumstances) attended the funeral of Pius VI in 1802.

A Solemn Requiem Mass was conducted in St Peter’s Square on Thursday 5 January, presided over by Pope Francis.  The readings for the Mass were Isaiah 29:16–19 in Spanish; Psalm 23 sung in Latin; 1 Peter 1: 3–9 in English, and the Gospel of Luke 23: 39–46 read in Italian.  At the conclusion of the service, the coffin was carried to his place of burial in the crypt of St. Peter’s Basilica, accompanied by the choir singing the Magnificat in Latin.

Enigma

Enigma (pronounced uh-nig-muh)

(1) A puzzling or inexplicable occurrence or situation; mysterious.

(2) A person of puzzling or contradictory character.

(3) A saying, question, picture, etc., containing a hidden meaning; riddle.

(4) A German-built enciphering machine developed for commercial use in the early 1920s and later adapted and appropriated by German and other Axis powers for military use through World War II (initial capital letter).

(5) In music, an orchestral work in fourteen parts, Variations on an Original Theme, Opus 36 (popularly known as the Enigma Variations) by Edward Elgar.

1530–1540: From the Late aenigmaticus, from aenigmat-, stem of aenigma (riddle), from the Ancient Greek verbal noun αἴνιγμα (aínigma) (dark saying; speaking in riddles), the construct being ainik- (stem of ainíssesthai (to speak in riddles), derivative of aînos (fable) + -ma, the noun suffix of result.  The sense of a "statement which conceals a hidden meaning or known thing under obscure words or forms" emerged in the 1530s although enigmate had been in use since the mid 1400s, under the influence of the Latin aenigma (riddle), the ultimate root of all being the ainos (tale, story; saying, proverb), a poetic and Ionic word, of unknown origin.  The modern sense of "anything inexplicable to an observer" is from circa 1600, the meaning also absorbing the earlier (1570s) enigmatical & enigmatically.  The derived forms are the adjectives enigmatic & enigmatical, adjective and the adverb enigmatically; enigmatic the most frequently used.  In modern English, the plural is almost always enigmas although some writing in technical publications continue to use enigmata although the once common alternative spelling ænigma is now so rare as to be probably archaic.  An enigma is something or someone puzzling, mysterious or inexplicable although use with the older meaning (a riddle) is still seen, indeed in some contexts the words are used interchangeably.  In idiomatic use in Spain, the character of an enigmatic soul is illustrated by by suggesting he’s the sort of fellow who “were one to meet him on a staircase, one wouldn’t be sure if he was going up or coming down”.  Enigma is a noun, enigmatic is an adjective and enigmatically is an adverb; the noun plural is enigmas.

Elgar’s Enigma Variations

English composer Sir Edward Elgar (1857-1934) wrote Variations on an Original Theme, Opus 36 during 1898-1899.  An orchestral work in fourteen parts, it’s referred almost always as the Enigma Variations, the enigma being the linkage to a certain piece of music is the theme.  Elgar famously wrote a dedication for the work "to my friends pictured within", each of the variations a sketch in musical form of some friend or acquaintance, including himself.  An enigma it remained, Elgar always secretive about the mysterious theme and the work has always defied the attempts of musicologists and other composers to deconstruct things to the point where a thematic agreement ensued although there have been theories and suggestions.

Lindsay Lohan in Enigma magazine.

Mozart’s ‘Prague’ Symphony was one, the idea attractive because the slow movement fluctuates between G minor and G major, as does Enigma’s theme.  There were those who thought it might reference Auld Lang Syne as a veiled reference to a farewell to the nineteenth century, the variations completed in 1899.  The list went on, Twinkle, Twinkle Little Star; God Save The Queen; Martin Luther’s hymn tune Ein Feste Burg; Home, Sweet Home; Rule Britannia; the theme of the slow movement of Beethoven’s ‘Pathétique’ Sonata; various passages of scripture, Pop Goes The Weasel; a Shakespeare sonnet and, most recently added, Pergolesi’s Stabat Mater.  To add more mystery, the title "Enigma" didn’t appear on Elgar’s original score, added only after the papers had been delivered to the publisher and despite enquiries, the nature of the enigma he declined to discuss, saying only it was a "dark saying" which “must be left un-guessed”.  His reticence didn’t discourage further questions but his answers, if not cryptic, added little and the conclusion remained the theme was a counterpoint on some well-known melody which is never heard.

A fine recording is by the London Symphony Orchestra under Adrian Boult (1889-1983), (1970; Warner Classics 764 0152).

For over a century, just which tune has drawn the interest of musicians,  mathematicians & madmen for Elgar died without revealing the truth.  It’s been suggested artificial intelligence might be used to find the answer but there’s also the suspicion Elgar preferred the enigma to remain one and even if someone during his lifetime had cracked the code, he may have be disinclined to kill the mystique attached to the piece.  He had good reason to be fond of the fourteen variations.  It was the work which cemented his reputation internationally as a first rate composer and even today, some of the popularity probably lies in the impenetrability of the riddle.

Armageddon

Armageddon (pronounced ahr-muh-ged-n)

(1) The place where the final battle will be fought between the forces of good and evil.

(2) The last and completely destructive battle; the scene of a decisive conflict on a great scale; any great and crucial conflict. 

(3) A catastrophic and extremely destructive conflict.

(4) In chess, as "armageddon round", an arrangement in some competitions used when a match would otherwise end in a draw, the rules being (1) black wins drawn games and (2) white is granted more time in compensation.

From the biblical Book of Revelation (New Testament 16:16) and the familiar modern use in the figurative sense of a final conflict apparently dates only from 1811.  The actual word was from the Late Latin Armagedōn, from the Ancient Greek Ἁρμαγεδών (Harmagedōn)), from the Hebrew הר מגידו or ‎הַר‎ מְגִדּוֹ‎ (har megiddo) (Mount of Megiddo), the mountain district of Megiddo, in northern Palestine, site of a number of battles mentioned in the Old Testament, most notably that associated with the Last Judgment.

The Last Judgment (circa 1488), triptych by Hieronymus Bosch (circa 1450–1516).

In the Book of Revelation, Armageddon is the prophesied location of a gathering of armies for a battle at the end of times.  Theologically, the western consensus is to interpret this as the battle between good and evil, often expressed as between God and the Kings on earth (Revelation, 16:14).  However, most biblical scholars regard the text as highly symbolic (even cryptic), regarding Mount Armageddon as an idealized location, concluding the final battle between good and evil, while inevitable, may well take place in some other location.  Others are more specific, a sect called the Dispensationalists suggests Armageddon will be a campaign (sometimes dramatically styled as the war of a thousand years) and not a specific battle.  All however agree it will be fought in and for the lands we call the Middle East.

Also disclosed in Revelation is the number of the Beast (Revelation 13:15–18).  In most English translations the number of the beast is 666 (although some early Greek translations prefer 616).

Then I saw another beast coming up out of the earth, and he had two horns like a lamb and spoke like a dragon. And he exercises all the authority of the first beast in his presence, and causes the earth and those who dwell in it to worship the first beast, whose deadly wound was healed.  He performs great signs, so that he even makes fire come down from heaven on the earth in the sight of men.

And he deceives those who dwell on the earth by those signs which he was granted to do in the sight of the beast, telling those who dwell on the earth to make an image to the beast who was wounded by the sword and lived.  He was granted power to give breath to the image of the beast, that the image of the beast should both speak and cause as many as would not worship the image of the beast to be killed.

He causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand or on their foreheads and that no one may buy or sell except one who has the mark or the name of the beast, or the number of his name.

Here is wisdom. Let him who has understanding calculate the number of the beast, for it is the number of a man: His number is 666.

The unfortunate condition Hexakosioihexekontahexaphobia is the fear of the number 666.  It's said to be rare.

Mugwump

Mugwump (pronounced muhg-wuhmp)

(1) A member or supporter of the Republican Party who declined to support the party's nominee James Blaine (1830–1893) during the 1884 US presidential election, (claiming he was corrupt) lending their support to the Democratic Party's candidate Grover Cleveland (1837–1908).

(2) A person who is unable to make up their mind on an issue, especially in politics (mostly US & Australia).

(3) Someone who remains neutral on a controversial issue; a person who purports to stay aloof from party politics (mostly US & Australia).  In a derogatory sense it’s used to suggest someone is a “fence sitter” or maintains an aloof and often self-important demeanor.

(4) One who switches from supporting one political party to another, especially for personal benefit (also used in this sense in Australia).

(5) Used informally (usually humorously), a (male) leader; an important (male) person (sometimes as “big mugwump”).

(6) A foolish person (a now rare Australian slang term which emerged apparently because it was conflated with “mug”).

1832: An Americanism and an artificial, nineteenth century revival of the Massachusett (English spelling) mugquomp & mummugquomp (war leader), a syncopated form of muggumquomp (war leader), the construct being the (unattested) Proto-Algonquian memekw- (assumed to mean “swift”) + -a·pe·w (man).  The alternative etymology was the Algonquian (Natick) mogki (great) + a·pe·w (thus something like “great chief).  It was folk etymology which re-interpreted the word, the re-purposed meaning referring to a person who sat on the fence, deconstructed as “their mug (face) on one side and wump (rump) on the other”.  This graphical description produced a slew of political cartoons in this vein during the 1884 US presidential election.  The original Americanism emerged in 1832 in the New England region and was a jocular word for “a great man, boss; very important person”.  By 1840 it was in satirical use as “one who thinks himself important” but faded from used before being revived for the 1884 presidential contest, originally as a term of abuse but the independents embraced it and from that it picked up the specific sense “one who holds themselves aloof from party politics."  Mugwump is a noun & verb, mugwumpery & mugwumpism are nouns, mugwumpian, mugwumping & mugwumped are verbs and mugwumpian, mugwumpesque & mugwumpish are adjectives; the noun plural is mugwumps.

Originally, the Mugwumps were those Republican Party members (or supporters) who claimed to be appalled by the corruption they said was associated with James Blaine (1830–1893), declining to support his candidacy in the 1884 US presidential election.  Unlike some of the dissident movements in US politics (the Tea Party, the Know Nothings, the Progressives etc) the Mugwumps never formed any sort of organizational structure or even self-identified as a faction.  They gained the name because they “switched sides”, supporting the Democratic Party’s Grover Cleveland (1837-1908) although in their public statements, some Mugwumps would say they were “still Republicans”, hence the association with “fence-sitting”, the term adapted for the purpose because they were sitting with “their mug (face) on one side and wump (rump) on the other”, a theme cartoonists and caricaturists took to with gusto.

Those who rat on political parties, shifting their allegiance to another risk a lifetime of suffering the enmity of their former colleagues, politics attracting haters like few other professions although Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) who ratted twice reckoned the trick was to do it with style.  Fence sitters seem to attract less opprobrium but there’s often a sense of exasperation; at least with the rats one knows where one stands.  Sir John Simon (1873–1954; First Viscount Simon, cabinet minister on several occasions 1913-1945, Lord Chancellor 1940-1945) picked up the nickname “slippery Sam” for a reason (actually many) and David Lloyd George (1863–1945; UK prime-minister 1916-1922) said of him: ”He has sat on the fence so long the iron has entered into his soul.”  That probably wasn’t quite what Boris Johnson (b 1964; UK prime-minister 2019-2022) had in mind when, as Foreign Secretary, he dismissed Jeremy Corbyn (b 1949; leader of the UK Labour Party 2015-2020) as a “mutton-headed old mugwump”, although with Mr Johnson, one can never quite be sure.

MAGAwump's high priest, Mitt Romney, mugwumping (David Horsey in the Seattle Times, September 18 2023).  Note the carpetbag.

The Mugwumps have been compared with the “Anyone but Trump” movement which was an attempt by what used to be called “mainstream Republicans” to block Donald Trump’s (b 1946; US president 2017-2021) path to the party’s nomination (and from there the White House).  The movement formed but failed though it’s not far-fetched to imagine if might have gained for traction if it had used a catchy name like MAGAwumps and interestingly, in the “Guilded Age” era of the Mugwumps, their critique of the state their nation sounds little dissimilar to those heard over the last three decades.  Charles Eliot Norton (1827–1908; Harvard professor of art) in 1895 contemplated things and confessed “the greatest apprehension… about a miserable end for this century”, the United States afflicted by the “worst spirit in our democracy, … a barbaric spirit of arrogance an unreasonable self assertion.  I fear that American is beginning a long course of errors and wrong and is likely to become more and more a power for disturbance and barbarism.”  Other agreed, the anyway gloomy historian Henry Adams (1838–1918) at the same time reviewing the closing century concluded it was “rotten and bankrupt”, sunk in “vulgarity commonness, imbecility and moral atrophy”.  It all sounds so modern.

One noted for her mugwumpery is Lindsay Lohan.  In 2008 she made clear her support for Barack Obama (b 1961; US president 2009-2017) yet by 2012 was tweeting she was inclined to vote for Mitt Romney (b 1947; governor of Massachusetts 2003-2007, junior US senator (Republican-Utah) since 2019) on the basis that “employment is really important right now”.  That feeling apparently didn’t last and she reaffirmed her support for Obama, latching onto #ProudOfObama although she did once refer to him as the country's “first colored president”, a black mark against anyone who hasn’t updated their list of politically correct descriptors.  Later, her mugwumpian tendencies continued.  In 2017 she tweeted of Donald Trump: “THIS IS our president. Stop #bullying him & start trusting him” later praising the entire Trump family, calling them “kind people” although during the 2016 election she had endorsed crooked Hillary Clinton (b 1947; US secretary of state 2009-2013), tweeting “I couldn’t understand you more”.  However, like Mr Johnson, while one can always read what Lindsay Lohan has written, what she means can be elusive.  It’s thought she endorsed crooked Hillary but “I couldn’t understand you more” is certainly cryptic.

Billigung

Billigung (pronounced bill-a-ghin)

(1) To approve.

(2) To acquiesce.

(3) Tacitly to accept; not to oppose.

(4) "Looking the other way" from something one would not wish to admit knowledge of; a means of creating a defense of plausible deniability; a self-denial of knowledge.

1300s: A Modern German form from the Old High German billīh (appropriate), from the Proto-Germanic biliz (merciful, kind, decent, fair), the variant being Billigung (approval; acceptance), the construct being billig(en) +‎ -ung (from the Middle High German -ung & -unge, from the Old High German -unga, from the Proto-Germanic -ungō; it was used to forms nouns from verbs, usually describing either an event in which an action is carried out, or the result of that action).  The third-person singular & simple present tense is billigt, the past tense is billigte, the past participle is gebilligt and the auxiliary haben.  In German, bein a noun there's always an initial capital but when used in English as a general descriptor (sepecially in a legal context), it usually all in lower-case.  Billigung is a noun and in German, there's no plural form although in English-language texts it might for the sake of clarity appear as "billigungs".

When wishing not to know, look the other way

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Reich Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the Holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal regime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”

Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded, right) and a legal associate, Nuremburg, 1945.

Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the Holocaust.  He so often came so close to admitting he knew what he'd always denied (indeed, in one letter discovered after his death he conceded, despite decades of denial, he'd in 1943 attended the session of a conference during which Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945) explained the mechanics of the the Holocaust and the Nazi rationale for its execution) as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the IMT (International Military Tribunal) at the first Nuremberg Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to 20 imprisonment.

Looking the other way.

In what he described as a “...leadership failure...", former Australian cricket captain Steve Smith (b 1989) has admitted he "didn't want to know about it" when he became aware “something” was being planned after seeing team mates in a dressing room discussion.  Their talks he witnessed were about ball-tampering, a form of cheating which came to be known as sandpapergate.  Billigung is one of those useful German creations (zeitgeist, schadenfreude etc) which in one word conveys what might in English take a dozen or more.  Operating somewhere on the spectrum of plausible deniability, Billigung is where someone hears of or perhaps “senses” something of which they’d prefer there be no admissible evidence of their knowledge; they “look the other way”.

Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

For some, Billigung might have come to mind when pondering the recording of a telephone call between then New South Wales (Australia) Premier Gladys Berejiklian and Daryl Maguire, another member of the same parliament with whom she was in an intimate relationship, a man forced to resign as an MP as a result of an (ongoing)  investigation by the NSW Independent Commission against Corruption (ICAC) for allegedly using his political influence in business activities.  Of interest was the premier’s use of the phrase "I don't need to know about that bit" when the former member began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of her then lover.  The words used by the then premier: "I don't need to know about that bit" may be compared with how Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.     

At the time the recording was made public, the former premier denied any wrongdoing beyond having appalling taste in men.  Apart from the men in her life (and not a few women would ruefully admit to having "had a Daryl"), she probably was unlucky.  Billigung has long been a part of that essential tactic of political survival: "plausible deniability".  Actually, as practiced these days, because standards of accountability seem to have declined a bit, denials needs no longer be plausible, just not actually disproven by a publicly available audio tape or film clip.  Others, beyond NSW, might be taking interest, especially those south of the border intimately involved in party machines who, apparently for decades, didn't notice certain things going on around them.     

On 1 October 2021, the NSW ICAC announced certain investigations into the former premier's conduct in office.  Specifically, ICAC is focusing on the period between 2012-2018 and her her involvement in the circumstances in which public money was given to a shooting club and a conservatorium of music and whether that conduct was “...liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire”.  The ICAC will explore whether the conduct constituted a “breach of public trust” by placing the former premier in a position where a conflict of interest existed between her public duties and private interests “...as a person who was in a personal relationship” with Mr Maguire.  The commission will also investigate whether she failed to report what could be defined as reasonable suspicions that “...concerned or may concern corrupt conduct in relation to the conduct of Mr Maguire”.  As a point of law, the ICAC is concerned with actual substantive conduct and conflicts of interest.  It is not the test of "apprehended bias" applied to the judiciary where judgements can be set aside if a court finds there could have been a "reasonable perception" of bias or conflict of interest in some way involving a judge.  To the ICAC, any degree of perception, reasonable or not, is not relevant, their findings must be based on actual conduct.

On 1 October 2021, Berejiklian announced her resignation from both the premiership and the legislative assembly.  There are critics of the NSW ICAC who oppose the public hearings and feel its rules permit an exercise of powers rather too much like the Court of Star Chamber which they say it too closely resembles.  However, the former premier can reflect that unlike the IMT at Nuremberg, neither the Star Chamber nor the ICAC were vested with capital jurisdiction so there’s that.

Dieselgate and implausible deniability

Former Audi CEO Rupert Stadler (b 1963, right) with his lawyers Ulrike Thole-Groll (left) & Thilo Pfordte (centre) during his trial, Munich District Court, May 2023.

The billigung defense is still heard in German courts and if not always exculpatory, lawyers still appreciate its effectiveness in mitigation.  Rupert Stadler began his career with Audi AG (a subsidiary of the Volkswagen Group) in 1990 and between 2010-2018 was Audi’s Chief Executive Officer (CEO).  The scandal which came to be known as “dieselgate” involved companies in the Volkswagen group (and others) installing “cheat” software in diesel-powered vehicles so excessive exhaust emissions wouldn’t be detected during official testing and, after years of obfuscation, Volkswagen in 2015 admitted that was what exactly they’d done.  Civil and criminal proceedings in a number of jurisdictions ensued and thus far the fines alone have cost the group well over €34 million.  There have also been jail sentences imposed, something which presumably would have been in Herr Stadler’s thoughts when, in March 2018, Munich prosecutors named him as a suspect in their investigations.  A week later, he was arrested and held in an Augsburg prison, apparently as a precautionary move because it was claimed he was tampering with evidence by making a telephone call in which he suggested putting a witness “on leave”.  After a month, he was released on bail, subject to certain conditions.

In September 2020, Herr Stadler’s trial on charges of fraud began and for years (proceedings now take rather longer than in 1945-1946) he denied all wrongdoing until, in May 2023, he accepted a plea deal offered by Judge Stefan Weickert which would require him to admit guilt.  To date, he’s the highest-ranking executive to confess, tempted apparently by (1) the preponderance of evidence before the court which made it clear he was guilty as sin and (2) the deal limiting his punishment to a €1.1 million fine and a suspended sentence which would not see him jailed, an attractive alternative to the long term of imprisonment he otherwise faced upon conviction.  As confessions go however, it was among the more nuanced.  His lawyer read a statement saying the defendant (1) did not know that vehicles had been manipulated and buyers had been harmed, but (2) he acknowledged it was a possibility and accepted that, adding that in his case (3) there was a need for more care.  A classic piece of billigung, was the line (4) “I didn't know, but I recognized it as possible and accepted that the properties of diesel engines might not meet legal approval requirements” while the statement (5) “I have to admit the allegations overall” had an echo of Speer’s admission of “a general responsibility” while denying personal guilt.  Still, it must have conformed with the terms of the plea bargain because it was accepted by the judge.  His lawyer read the statement, apparently because he couldn’t bring himself personally to utter it but when asked by the judge if the words were his own, Herr Stadler replied (6) “Ja”.

Lindsay Lohan with Audi A5 cabriolet, Los Angeles, May 2011.  Ms Lohan apparently avoided being affected by the dieselgate scandal, all the photographs of her driving Audis have featured gas (petrol) powered cars.

Outside the court, his lawyer was a little more expansive, admitting her client had allowed vehicles equipped with manipulating software to remain on sale even after learning of the scam.  “In the course of addressing the diesel issue" after the revelations became public, Stadler “neglected” to inform business partners that cars with so-called defeat devices were still going on the market, meaning he was “accepting that vehicles equipped with the illegal software would go on sale” she said.  Although it may have been stating the obvious, she added Herr Stadler regretted he’d been unable to “resolve the crisis”.  The carefully composed text may however have averted another crisis, lawyers noting the cryptic nature of some of his comments might be explained by a desire not to create grounds for additional claims by consumers for financial compensation.

How that might unfold remains to be seen but on 27 June 2023 the Munich court handed down a 21 month sentence, suspended for three years, a fine of €1.1 million (US$1.2 million) also imposed; that will go to the federal government and charities, the court ruled without providing details.  Herr Stadler was the first member of the Volkswagen board member to be sentenced for his part in the scandal, the judgment coming some four years after prosecutors first laid fraud charges.  Guilty verdicts were also delivered against two former Audi executives: head of engine development Wolfgang Hatz (b 1959) and lead diesel engineer Giovanni Pamio (b 1963) who were handed suspended jail sentences of 24 months and 21 months, respectively.  Hatz was fined €400,000 (US$437,000) and Pamio €50,000 (US$55,000).  All three were guilty as sin so the verdicts were unsurprising.

Dr Angela Merkel (b 1954; chancellor of Germany 2005-2021) & Dr Martin Winterkorn (b 1947; CEO of Volkswagen AG 2007-2015).

The long-running scandal (the fines and settlements thus far ordered having cost the group some €33 billion (US$36 billion)) still has some way to run because the case against former CEO Martin Winterkorn has yet to be heard although he’s already agreed to pay VW €11.2 million (US$12.3 million) after an internal investigation found he failed properly to respond to signs the company may have been using unlawful technology which enabled its diesel engines to evade emissions testing and it's not yet clear if Dr Winterkorn will try the billigung defense.  Herr Stadler was required to pay VW €4.1 million ($US4.5 million) under terms agreed following the same investigation.  The company clearly wished to move on and in separately issued statements, Volkswagen and Audi said they were not party to Tuesday’s proceedings, which should be “viewed independently” of proceedings against the companies which had (in Germany) been finalized in 2018.  Audi seemed anxious to confirm it was now a righteous corporation, saying “Audi has made good use of the crisis as an opportunity to start over.  We have updated our systems, processes and checks to ensure compliance company-wide.”  It concluded by noting it had since “cultivated and strengthened a culture of constructive debate.”  In exchange for agreeing to pay the fines, prosecutors dropped criminal charges against Volkswagen and Audi.

1973 Pontiac Trans-Am SD-455.

In being caught cheating by programming the control systems on diesel engines to comply with exhaust emissions rules during testing, but not in real-world driving, Volkswagen was not unique.  In 1973, noting the extinction of the genuine “muscle car” (an ecosystem which only a half-decade earlier had been wildly vibrant), GM’s (General Motors) PMD (Pontiac Motor Division), after some hesitation, decided that there was potential in being the only player in a market segment which, though shrunken, still existed.  To be the exclusive supplier of what demand there was, Pontiac resurrected its storied “SD” (Super Duty) moniker and concocted a high-output variant of their 455 cubic inch (7.5 litre) V8, the central feature of which was a pair of cylinder heads with a better flow-rate than anything Detroit had to that point manufactured for street use, the design emerging from California’s famed Air Flow Research company.  The engineering was impressive as it had to be meet the twin-fork parameters of (1) generating 300 net HP (horsepower) and (2) complying with the EPA’s (Environmental Protection Authority) tail-pipe emission rules.  Unfortunately, on-board electronic circuitry hadn’t then advanced to the point where such a compromise could (lawfully) be achieved; the SD-455 could produce the power or it could reach the emission standards but couldn’t do both.

1973 Pontiac Trans-Am SD-455.

As a work-around (a euphemism for cheating), what PMD’s engineers did was read the EPA’s protocols and, noting the test duration was 50 seconds, rig up a clever device which shut off the EGR (exhaust gas re-circulation) valve after 53 seconds, thereby gaining the desired additional HP.  However, the EPA’s engineers smelled a rat and it didn’t take them long to trace the trick.  Pontiac’s team received an (unofficial) commendation for cleverness but were also graded an “F” (fail) and told to try again.  That’s why the production SD-455 was rated at 290 HP rather than the original 310, the missing power the result of the Ram-Air III camshaft being used in lieu of the more aggressive Ram-Air IV unit.  Still, the EPA’s staff turned in a more impressive performance than that of the later eurocrats who “caught” Volkswagen only because Mercedes-Benz snitched on them in exchange for immunity from prosecution.  As things turned out, the SD-455 was available for two seasons in that troubled decade although production numbers were low, 295 in 1973 (252 Trans Ams & 43 Firebird Formulas) and 1001 in 1974 (943 Trans Ams & 58 Formulas).  At the time, genuinely it was the most powerful US built car and as the “last of the original muscle cars”, the SD-455s went on to become a collectable with fine examples typically now attracting US$100-125,000 although, in 2023, one exceptional specimen at auction realized US$200,000.

1974 Pontiac Trans-Am SD-455.

So, although it may seem those in the Fourth Reich were very harshly treated compared with PMD which received not even a “slap on the wrist” and merely was asked to “come back when it’s fixed”, the situation was very different in that not one non-compliant Pontiac ever appeared in a showroom compared with the 11 million-odd toxic VW and Audi diesels sold to unsuspecting customers.  The other difference is that nobody in PMD’s boardroom had any knowledge of the low skulduggery being visited upon innocent EGR valves whereas in Wolfsburg and Stuttgart, in that redolent phrase from German historiography: “they all knew”.  Although the final accounting hasn’t yet been done, by mid 2026, Dieselgate’s global cost to Volkswagen (covering regulatory fines, criminal penalties, civil settlements, vehicle buybacks, technical refits & repairs, legal costs and customer compensation) is estimated to have been some US$30–35 billion thus far.  Calculations of the hit to “reputational damage” vary but all concede it “was not a good look”.