This article first appeared on    the Just Security site.  
    Last week, amid speculation that Acting Attorney General Rod    Rosenstein may be forced to recuse himself from the expanding    Russia investigation  unless he gets fired first     attention focused on the next in line: Associate Attorney    General Rachel Brand.  
    Brand, it should be noted, has had a more obviously partisan    career than Rosenstein, and the burning question seems to be    whether she has the gumption or the will to stand up to the    President if he tries to derail the investigation, for example    by trying to fire Special Counsel Robert Mueller. (This is not    to say Trump has the authority to fire Mueller  Marty Lederman argues that    he doesnt.)  
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    Does Brand have what it takes? Jack Goldsmith and Ben Wittes,    both of whom know her well, affirm that she does and describe her as    intelligent, fair, independent, and tough-minded.  
    My own answer to the question Who is Rachel Brand? is: it    doesnt much matter. Its simply a mistake to focus on    individual personality to predict how someone will act. Social    psychologists have a long-standing name for this mistake: they    call it the fundamental attribution    error. Thats the error of explaining human behavior    by individual character and personality traits.  
    The situation in which we find ourselves matters crucially,    often invisibly, and to a far greater degree than common sense    would suggest. This is a lesson we might apply not only to    Brand, but also to Lt. Gen. H.R. McMaster and other souls in    this administration.  
            Rachel    Brand, Associate Attorney General, testifies before the Senate    Judiciary Committee on Capitol Hill in Washington March 7,    2017. Aaron P.    Bernstein/reuters  
    A bit of background:  
    In a classic 1972 experiment, a    person coming out of a phone booth sees a woman spill her    folder full of papers on the shopping mall floor a few feet    away. (She is part of the experimental team, and she spills    them on purpose.)  
    Will subjects help her pick up the papers?  
    Among one group of subjects, the answer was overwhelmingly yes:    fourteen people helped and only two did not. In a second group,    it was overwhelmingly no. Only one subject helped; the other 24    walked away.  
    What explains the difference? Something amazingly small: Those    in the first group had found a dime in the telephones coin    return, which apparently put them in a benevolent mood.  
    Those in the second group found no dime, and they stepped    around the spilled papers and went their not-so-merry way. A    trivial and nearly invisible manipulation of the situation led    to a dramatic change in outcomes.  
    According to the situationist school of psychology, this    experiment (along with many others, including the famous    Milgram obedience experiment and the Stanford Prison Experiment) shows that we deceive    ourselves when we think character is the crucial determinant of    how we behave.  
    In the Stanford experiment, one subject who described himself    as a non-violent person and pacifist transformed into a brutal    prison guard in a matter of days. Which was he, a    self-deceiving brute in pacifists clothes, or a sensitive soul    who forgot himself?  
    Neither one, according to the situationists. Look to the    situation, not to the person. He was a prison guard, and as he    explained in his diary (reproduced in a write up of the psychology    experiment), This new prisoner, 416, refuses to eat. That is a    violation of Rule Two  and we are not going to have any of    that kind of shit.  I decide to force feed him.  I let the    food slide down his face. I dont believe it is me doing it.  
    For the situationists, there is nothing unbelievable about it,    because the me who does it is not a constant.  
    This seems wildly counterintuitive, because we always think    about peoples character, their virtues and vices. Isnt there    a difference between a brave person and a coward?  
    Not necessarily, according to philosopher John Doris. In a    pioneering 2002 book, Doris writes:  
    Its not crazy to think that someone could be courageous in    physical but not moral extremity, or be moderate with food but    not sex, or be honest with spouses but not with taxes.  With a    bit of effort, we can imagine someone showing physical courage    on the battlefield, but cowering in the face of storms,    heights, or wild animals.  Things can get still trickier:    Someone might exhibit battlefield courage in the face of rifle    fire but not in the face of artillery fire. (Lack of Character:    Personality and Moral Behavior, p. 62.)  
    Doriss point: there is no such thing as courage across the    board. Courage, like every other character trait, can be    entirely situation-specific. If that seems contrary to everyday    experience, its because most of us, most of the time, live in    the same situation from one day to the next: we see the same    family and friends today that we saw yesterday and will see    tomorrow; we live in the same locale for months or years at a    time, and if were employed we work at the same job.  
    Of course, not even the most radical situationists think    individual personality is irrelevant to the choices we make.    Talk about the fundamental attribution error does not deny free    will or individual differences, or assert that only situations    matter, one hundred percent.  
    Rather, the error lies in vastly overestimating character and    ignoring the hidden power of the situation  which we do all    the time, not least when we play the blame game in criminal    sentencing. (I heartily recommend the powerful podcast The Personality Myth,    especially its second episode.)  
    My wife sometimes teaches college philosophy in a prison, where    many of her students committed crimes of violence. In the    classroom setting, she finds them no different from other    college students, and she feels no less safe in their company.  
    For years, psychologists debated which variable matters more,    person or situation; some tried to quantify it. Like many    academic debates, this one was technically intricate and    personally acrimonious  in the words of psychologist John    Kihlstrom, it ended up looking more like a fight in an    elementary schoolyard.  
    Over the years, psychologists began to look beyond the sharp    either/or, and instead study the way that person and situation    influence each other. (In the jargon, this is person/situation    interactionism.)  
    To take a simple example: people behave differently toward a    baby depending on whether theyre told the baby is a girl or a    boy. The person (the baby) transforms the situation he or she    is in (in this case, the way people treat the baby). And    vice-versa: how people treat girls and boys as they grow up    affects the person they become.  
    On this line of thought, whenever you enter a room full of    people, you become part of the situation of the other people in    the room. You change how the others behave; they become part of    your situation, and influence how you behave. Thats    interactionism. The theory has been around for decades, since    the pioneering work of psychologist Kurt Lewin and sociologist    Erving Goffman.  
    Enough of the theory. What it means for the Russia    investigation is straightforward: its a mistake to ask who    Rachel Brand is, because there is no is. To think    otherwise is the fundamental attribution error.  
    When she decided to join the Trump administration and the Jeff    Sessions Justice Department, Brand radically changed her    situation. Specifically, she overcame whatever qualms she may    have felt about Trump, qualms shared by many conservatives.    (After the election, I posted on why those qualms are    justified.)  
    Eyes wide open, she joined an administration that puts a    premium on personal loyalty to a narcissistic president who    takes everything personally. She placed herself in an    environment where the abnormal is the new normal.  
    Its hard to believe she did it with the intention of slowing    down the presidents hectic velocity  her background is, as    Eric Levitz writes, a bit    more partisan  and decidedly more right-wing  than    Rosensteins. Precisely if she is a person who takes her    commitments seriously, signing on to the Trump team is a    loyalty commitment that, day in and day out, will challenge her    commitment to the rule of law. Neither past behavior nor    perceived character can predict how she will manage that    challenge. If the psychologists are right, she cannot predict    it herself.  
    In my earlier essay on serving in the Trump administration,    I warned that  
    Once you are inside, your frame of reference changes.  You    see that many of the people youre working with are decent and    likable. You tell yourself that decent people like these    wouldnt do anything indecent.  And above all, you reassure    yourself of your own decency because you can contrast yourself    with the real radicals, the true believers. Theyre right down    the hall.  
    It doesnt matter if you are what moralists of my generation    like to call a person of integrity  a person whose    principles harmonize with her conduct. Years ago, in the wake    of the Enron-era corporate scandals, the law school and    business school worlds endured a predictable outbreak of    academic conferences on integrity.  
    Churlishly, I pointed out that you can    harmonize your principles and your conduct by changing your    principles just as easily as by changing your conduct. That too    is one of the basic teachings of social psychology: we often    reduce cognitive dissonance between our principles and our    conduct the easy way, by unconsciously modifying our principles    so they rationalize our conduct.  
    Of course it is comforting to know that a public official is an    admirable person and not an opportunist or a scoundrel. But    blind faith that persons of character will rescue us is faith    in an illusion. Look to the situation, not to the person.  
    David Luban is    Professor in Law and Philosophy at Georgetown University.  
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Would Rachel Brand Stand Up to Trump? - Newsweek