Mushroom

Mushroom (pronounced muhsh-room)

(1) Any of various fleshy fungi including the toadstools, puffballs, coral fungi, morels etc; any of several edible species, especially of the family Agaricaceae, as Agaricus campestris meadow mushroom, or field mushroom, cultivated for food in many places.

(2) A fungus producing such fruiting bodies.

(3) Anything of similar shape or correspondingly rapid growth.

(4) As ellipsis of “mushroom cloud”, a large, mushroom-shaped cloud of smoke or rubble, formed in the atmosphere as a result of an explosion (or other sudden release of energy), especially a nuclear explosion.

(5) Of, consisting of, or containing mushrooms.

(6) Resembling a mushroom in shape or form; to have or assume the shape of a mushroom.

(7) Of rapid growth and often brief duration (to spread, grow, or develop quickly).

(8) To gather mushrooms (typically as “mushrooming”, practiced by a mushroomer).

(9) As “magic mushroom” (used typically in the plural), any mushroomlike fungus that after ingestion induces psychedelic effects (“shrooms” to users, “psilocybin mushroom” to clinicians in some jurisdictions where prescription is now lawful).

(10) In ballistics (of a bullet), to form the shape of a mushroom when striking a soft target.

(11) In bar billiards, any of the mushroom-shaped pegs.

(12) In architecture, a concrete column with a thickened portion at the top, used to support a slab.

(13) In slang, an individual who rises rapidly from obscurity or poverty (now rare and displaced by “upstart”); the figurative sense of something that grows very quickly or seems to appear suddenly remains in use.

1350–1400: Following the usual conventions in English, it may be expected the construct was mush- + -room but those words wholly are unrelated and the ultimate source is unknown.  Mushroom was an alteration (by folk etymology) of the Middle English muscheron & musseroun, from the eleventh century Middle French mousseron, from the Anglo-Norman musherum & moscheron, from the Old French moisseron, from the Late Latin mussiriōn- (stem of mussiriō).  The Old French word had a murky history and etymologists suspect it was from the Old French mosse & moise (moss (from which modern French gained mousse (on the basis of the first known use being of a type of fungus which grows in moss))), from the Frankish mosu (moss) or the Old Dutch mosa (moss).  The Old French was akin to the Old High German mosa (moor, swamp), the Old High German mos (moss, bog) & mios (moss, mire), the Old English mēos (moss) & mōs (bog, marsh), the Old Norse mosi (moss) & myrr (bog, mire), all from the Proto-Germanic musą, muso & miuziz (mosses, bog), from the primitive Indo- European mews- (mosses, mold, mildew).  It displaced the native Old English swamm.  The clipping shroom is a synonym (most popular with users of magic mushrooms) and the spelling mushrump is long obsolete (the modern spelling more or less standardized by the 1560s).  Mushroom is a noun, adjective & verb, mushroomed is a verb, mushrooming is a noun & verb, mushroomer is a noun, mushroomic, mushroomless, mushroomlike, mushroomoid & mushroomy are adjectives; the noun plural is mushrooms.

Lindsay Lohan's mushroom gravy.

Ingredients

3 tablespoons olive oil or butter
3 cups thinly sliced baby portabella mushrooms or white button mushrooms
½ cup finely chopped onion
1-2 cloves garlic, minced
3 tablespoons all-purpose flour or cup for cup gluten-free flour
3 cups beef broth/stock or vegetable stock
Salt and pepper to taste

Instructions

(1) In a large skillet, heat oil over medium-high heat.  Sautee mushrooms and onions until they are nicely browned (should take around 7 minutes).  Add in garlic and stir until fragrant (about 30 seconds).

(2) Stir in the flour and cook for 1 minute.  Whisk in the broth, remembering to scrape from the bottom of pan all the "browned bits" (the best part).  Reduce to a simmer and simmer until thickened, then remove from heat.  Taste for salt and pepper and season to taste.

The alternative etymology (noting the Ancient Greek μύκης (múkēs) (mushroom) suggests the Old French may be of pre-Roman origin and it remains a matter of debate among etymologists (almost all lexicographers stick to “of uncertain origin”).  What is agreed is the noun “mushroom” was at first applied to almost any of the larger fungi but later to the agaricoid fungi (especially the edible varieties).  The figurative use for something or someone that makes a sudden appearance in full form dates from the 1590s; it was applied especially an upstart person (bounder) or family (those who rose rapidly from a low station in life).  All that was based on the mushroom’s impressively rapid rate of growth and by the 1740s the figurative use substantially has lost the “upstart” sense and came to be used generally of “expanding or increasing rapidly; to rise suddenly in position or rank”.  The famous (or infamous) “mushroom cloud” was first widely described in 1916 (World War I (1914-1918) a time & place of big explosions witnessed by many with cameras) but the OED (Oxford English Dictionary) cites the first use as dating from US in 1902.  It thus long pre-dates the nuclear-age but the phenomenon would for millennia (long before there were explosives) have been observed by those watching volcanic eruptions.  After photographs of the immediate aftermath of the A-bombing of Hiroshima & Nagasaki (August 1945) widely were publicized, the term became popular and spread to many aspects of popular culture including film, art and T-shirts.

Germania, Berlin’s sandy soil and the “mushroom” used to test for sinkage

Germania model, circa 1940.  The scale of the buildings was monumental and Speer was aware of the comparisons with the Rome and Athens of Antiquity, even writing (a not wholly original) “Theory of Ruin Value” arguing the importance of designs that might, thousands of years hence, leave “magnificent ruins”.

Until in the twenty-first century the CCP (Chinese Communist Party) began doing things at a scale once thought unsustainable, the urban-redevelopment plan imagined on a grandest scale was that for Berlin designed by Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945).  What was the be the capital of the Third Reich (and, in the minds of the most delusional of the Nazis: “of the world”) would be renamed Germania and, as Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) told Speer’s wife: “Your husband is going to build buildings for me the likes of which haven't been built for 4,000 years.”  Prone to lies and exaggeration, this was one of the occasions the Führer was being truthful and although there was little the plans for Germania that was original, what was impressive was the scale, Speer taking reference points from architectural history (the Pantheon in Rome, the Arc de Triomphe in Paris) and making the German versions bigger.  Although at the time much taken with what he called the regime’s “Empire style”, in his (sometimes reliable) post-war memoirs (Erinnerungen (Memories or Reminiscences) and published in English as Inside the Third Reich (1969)) he admitted the stylistic failure, above all because the architecture wholly was disconnected from the human scale.

The mushroom, Speer's improbable architectural legacy.

Of all that Speer planned for Hitler's megalomaniacal vision of Germania, only small fragments remain but the strangest and largest relic is the Schwerbelastungskörper (heavy load-bearing body) a concrete structure 30 metres (100 feet) tall and weighing 12,650 tons (11,476 tonnes); locals nicknamed it der Pilz (the mushroom).  Located on the city’s southern edge (near modern day Südkreuz station), the giant concrete cylinder was in 1941 erected to test the suitability of Berlin’s sandy soil, something of great significance because most of Germania’s large, representational buildings would be constructed from granite, concrete & steel; although structural engineers could solve the challenges the architects designs presented, the only way to be certain the soil could handle such weight was to conduct a practical, real-time, full-size experiment.  While the data were required for much of what was planned, of particular interest was intended landmark of the Victory Arch which, at 117 metres (384 feet) tall and 170 metres (558 feet) wide would obviously exert much pressure and, having the foundations sinking into the sandy soil was less than ideal.  With a footprint of exactly 100 m³, Speer’s giant, reinforced concrete “mushroom” was placed in a way that would as closely as possible emulate the forces involved; it sat 18 metres (60 feet) deep with the above-ground extending 14 metres (46 feet) high while inside there were a number of measuring devices recording movement.  As things transpired the instruments recorded sinking between 110-180 mm (4.3-7.1 inches) across the six measuring points and that was well beyond the 60 mm (2.4 inches) deemed by Speer as the upper limit of acceptability.  Whether the findings would have compelled a change to the arch or indeed any of Germania’s other gargantuan designs will never be known because, as the tide of war turned, the resources devoted to the project were re-allocated to more urgent tasks and by 1943 Speer, by then also minister of armaments and war production, quietly shut-down the Germania planning office.  So little was built and less survived but the “mushroom” remained and is now a tourist attraction and a site visited by many organized tours.

The mushroom cloud

Tsar Bomba, the largest ever nuclear test, detonated by the Soviet Union in October 1961.

As the photographs suggest, the mushroom clouds generated by large volcanic eruptions and the detonation of nuclear weapons can look similar because the same atmospheric physics are operating despite the underlying energy-release mechanisms being completely different and, counterintuitively, there is no precise TNT (abbreviation of trinitrotoluene (an explosive substance used in blasting)) equivalent threshold above which every explosion produces a mushroom cloud. A mushroom cloud is principally a consequence of buoyancy and atmospheric fluid dynamics, rather than merely a product of energy released, thus the phenomenon can occur with nuclear explosions, large conventional explosions, volcanic eruptions and even especially intense fires.  What an explosion does is produce a very hot, rapidly expanding mass of gas and entrained material and this rises because the air above has less resistance than the ground below; it rises because it has acquired enormous upward momentum and, as it rises, it entrains surrounding air.  The most important mechanism in the ultimate generation of a mushroom cloud’s distinctive shape is a phenomenon plasma physicists call “thermal buoyancy”.

Physics of a mushroom cloud (left), the fluid dynamics an interplay of energy, matter & air temperature and a mushroom cloud T-shirt (right), the images used sometimes for political messaging and sometimes just for dramatic effect. 

Fernando Famiani's photograph of the eruption of Mt Etna, Sicily, Italy, December 2015, shot from the outskirts of the village of San Teodora.

Familiar from many conditions in climate science, as hot material rises, the heated gas being less dense than the surrounding atmosphere, the rising plume entrains cooler air, increasing its volume while reducing its average temperature, a process that continues until its density approaches that of the surrounding atmosphere at which point, the rising material spreads laterally, producing the mushroom cloud’s characteristic “cap”, the outer regions circulating downwards, maintain the shape of the stem.  There are scaling relationships between explosion energy and the size, height and evolution of the resulting plume and consequently, as a general principle, as explosions become larger, a mushroom cloud becomes increasingly likely under appropriate atmospheric conditions.  So the mushroom cloud is a product of the environment; the same release of energy in different conditions (an explosion deep underground; a large underwater explosion; an explosion in a confined structure; energy released over a sufficiently long period rather than instantaneously) will tend not to create one whereas a relatively modest release of energy can produce one if the geometry and atmospheric conditions are favourable.  So, a mushroom cloud is a thing not of yield but of atmospheric conditions.

Death cap mushrooms.

In 2023, Australian mother of two Erin Patterson (b 1974) murdered three of her relatives and nearly killed a fourth by preparing for them a lunch of Beef Wellingtons laced with highly toxic death cap mushrooms.  Amanita phalloides (the more evocative “death cap” the common name) is a basidiomycete fungus and mushroom (one of many in the genus Amanita) and although originally from Europe, it has spread around the planet as have many species (zoological & botanical) in the age of mass-movement of people and goods.  Dangerously, the death cap closely resembles a number of (variously bland and delicious) edible mushrooms used in many dishes so mushroomers must take care when mushrooming (harvesting wild mushrooms).  They’re the most poisonous of all known mushrooms and a single example contains enough toxin to kill an adult human; unsurprisingly, death caps are estimated to be responsible for as many as 90% of the annual death-toll from eating toxic mushrooms.  Quite what is the extent of the annual loss of life is uncertain because in rural parts of Asia (where foraged mushrooms are common in diets) the statistics are not reliable but it’s believed the numbers bounce-around between 100-300.  The principal toxic constituent (hardly affected by cooking or freezing) is α-Amanitin which causes liver and kidney failure.

Erin Patterson, prior to charges being laid.

It was severe liver failure that was the cause of the death of Erin Patterson’s three victims, all of whom died within a week of falling ill (despite one receiving a liver transplant); the sole survivor recovered after several weeks of treatment.  The trial was conducted before a jury that delivered a guilty verdict on all three charges and the judge handed down a sentence of life imprisonment with a non-parole period of 33 years; there was immense international interest in the case and it was the first sentencing hearing in the state of Victoria to be live-streamed.  In what was anyway a macabre tale, one interesting aspect was the way Erin Patterson chose to learn about the nature of the death cap; some will have drawn the conclusion: “When researching murder-methods, don’t use one’s own digital devices.”  The case currently is on appeal, the defense seeking a retrial on several procedural and technical grounds while the state is arguing the sentence was “manifestly inadequate” and there should be no possibility of parole.  On X (formerly known as Twitter), some were even more unforgiving, suggesting: “She should get the chair.”

Cryptic crochet: Erin Patterson crocheted a rat as a gift for her defense counsel.  According to press reports, it was an expression of “thanks” but a crocheted mushroom would have been a nice touch.

In her cell, “mushroom lady” (the public's choice of dub upon the case being publicized) is said to pass the hours crocheting, an intricate, time-consuming business but for those serving long prison sentences, time is relative in a way different to that made famous by Albert Einstein (1879-1955) and for the seven Nazis incarcerated in Spandau prison after the first Nuremberg Trial (1945-1946), “time” often came up in their sometimes awkward conversations.  Grand Admiral Erich Raeder (1876–1960; head of the German Navy 1928-1943) served as prison librarian and, responding to a complaint from one of his fellow inmates that his handing out the four permitted (and by 1954 uncensored) newspapers (one selected by each of the powers administering the prison (France (Kurier), the UK (Frankfurter Allgemeine Zeitung), US (Die Welt) & USSR (Berliner Zeitung)) bound in one folder meant “It will take too long for one person to read all four newspapers”, answered “That doesn't matter. You've got plenty of time, after all.”  Despite that uncompromising start, within two days the admiral relented, averting the threat of mutiny by distributing the papers singularly.

According to Australian neuroscientist Dr Sarah McKay, knitting and crochet can be “deceptively good” for the brain, being an “ideal mix of repetition plus cognitive challenge”, helping individuals regulate their mood and attention span.  She explained the mechanism by pointing out in crocheting: “You have to remember where you're up to, you have to problem solve, you have to make decisions, you're constantly challenging yourself if you're doing more and more complicated patterns but, at the same time, it's challenging but it's low stakes… which I think might be one of the best kinds [of cognitive challenge] we can have.  We're mastering a skill, we're getting better at that and we're kind of just doing the task for the sake of doing the task … it's quite a simple form of mastery and there's something really soothing and good for our mood about that.”  Intriguingly, Dr McKay now has one potential subject available for what would be a unique, longitudinal study: mushroom lady sitting for 33 years in solitary confinement, crocheting stuff.  Such parameters would of course never be approved by any university ethics committee so for researchers interested how such things affect a brain operating in a most unusual environment, there are possibilities. 

Ozempic: The famous “fat jab”.  Now on GLP-1 fat jabs, hopefully the prison authorities will permit mushroom lady (once slender) to create content and open an OnlyFans page with proceeds going to the families of her victims.  There would be a viewership for such content, some of whom would seek contact.

One unexpected coda to the trial was the announcement mushroom lady has been granted access to taxpayer-funded Ozempic (a GLP-1 (glucagon-like peptide-1) appetite suppressant), the official explanation being her inability to pursue an exercise regime while in solitary confinement; because of the nature of her offences, it's expected she'll remain in solitary confinement for the foreseeable future (33 years presumably within the vista of “foreseeable”).  Unfortunately, her previous exercise techniques were not disclosed, something that would have been of interest to many pursuing weight-loss.  Doubtlessly anticipating some public outrage at the thought taxpayers would be footing the bill for mushroom lady to get free “fat jabs”, a spokesperson for Victoria’s Department of Justice issued a statement confirming weight loss drugs were just another medicine and would be provided to prisoners based on a clinician's advice: “Prescriptions are only given by clinicians when there’s a clear medical need - like preventing serious conditions such as type 2 diabetes.  Access to prescribed weight loss medication was introduced in response to recommendations from the Coroner following a death in custody linked to obesity.”  The convicted mass-murderer had told the court she “had a problem” with body image and binge-eating, a perhaps unnecessary confirmation given some of the photographs circulated by the media.

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”.