This column follows from my Justice and Redemption column of March 13, 2026, in which I described ‘lawful but awful’ acts such as sexist remarks. Since these were cases of protected free speech, I wondered if processes outside the legal system could hold wrongdoers to account. This column explores this possibility.
In Federalist Paper No. 51, published in 1788, James Madison argued for a government that was structured to restrain the power of each branch. He proposed a distribution of authority that would enable each branch to ‘check and balance’ the other branches. Why was such an elegant design proposed?
Madison put it bluntly: “If men were angels, no government would be necessary.” In other words, the success of the American experiment could not rely on the virtuous nature of politicians. The structure and rules of government and its laws would impose the discipline lacking in people.
The Constitution was approved a year later, then signed and sent to the states for ratification. Through the ensuing 237 years, the federal, state, and local governments amassed a very mixed record of achievement toward the five goals of the Constitution as stated in the Preamble. The America First movement and others like it have sought to erase those parts of our history that failed to “establish justice,” the first goal, and “secure the Blessings of Liberty to ourselves and our Posterity,” the fifth.
I consider the failure of Reconstruction after the Civil War the greatest failure of our governmental structure and the character of our elected officials. It led to the reign of Jim Crow, terrorism, and injustices visited on Black Americans for a century. Checks and balances were ineffective in securing and protecting the rights guaranteed them.
Scores of other countries have gone through civil wars, periods of rule by corrupt autocratic leaders, suppression of rights based on caste and class, and even genocide against ethnic groups of citizens. These are failures of both their systems of government and the characters of their leaders. How can a society get past these failures and establish a new, just, and peaceful order? Based on the America experience, ignoring or erasing the past is not a solution.
“Unspeakable Truths” is a book by Priscilla B. Hayner about ‘Truth Commissions.’ These are temporary bodies that oversee Truth and Reconciliation initiatives (sometimes called ‘Transitional Justice’) in post-conflict countries. These and a few similar approaches can be considered part of the Restorative Justice movement. They do not follow a one-size-fits-all model. They form in different ways, and they vary in the protocols used and their successes and failures. This format would do them an injustice in offering a short description of how they work. No two of them operated in the same way. Hayner’s book presents a fuller picture of their work.
That being said, it is easier to distinguish Truth Commissions from courtroom trials. Trials are about the accused, specific laws, evidence of guilt, and specifying penalties for the guilty. Truth Commissions seek the truth of acts committed by one group and the harm done to another group. With this basis, the Commission facilitates development of a final report with ways to hold perpetrators to account (e.g., admissions of guilt, financial and/or in-kind reparations, incarceration) while offering ways to bring closure to victims and trying to make them as whole as possible. The ultimate goal is to leave victims and wrongdoers able to coexist in a peaceful and just society.
Unspeakable Truths summarizes 39 Truth Commissions that address nation-level transitions. It also includes one about a local Truth Commission. Greensboro, North Carolina was the site of a 1979 attack on peaceful marchers by members of the Ku Klux Klan and the American Nazi Party, with the possible involvement of local and federal officials. The Commission was formed by civil society and church groups, and it serves as an example of smaller-scale initiatives.
With this background, I’ll return to the case of Dr. Peter Attia and his presence in a recent release of Epstein files. The files in which he is mentioned are emails and other private communications involving the two men. They did not implicate Attia in illegal acts or indicate that he had direct knowledge of Epstein’s crimes. As a physician he had a professional responsibility to report possible crimes, but the files don’t demonstrate that he had direct knowledge of any crimes. Attia subsequently admitted and apologized for his “embarrassing, tasteless, and indefensible” remarks.
It does seems seem clear that Attia is guilty of crude ‘locker room’ talk; studies have shown that this can promote degrading attitudes toward women among boys and young men. Although his remarks were not directed at any particular women, they can do harm to women in general.
Restorative Justice may offer some community-based approaches to reconciliation. In this case, there is a perpetrator (Attia) and a category/community of victims (women). Surrogate participation in Restorative Justice is an emerging option in cases such as this. An expert panel, an advocacy group, or a representative community can act as proxy victims in confronting an offender.
There are currently reasons for us to lose confidence in checks, balances, and the rule of law in America. At the same time, non-governmental organizations, advocacy groups, and civil society are meeting the moment. My research into extra-judicial alternatives like Truth Commissions and Restorative Justice has given new meaning to “We, the People.”
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