Shulem wrote: ↑Sat Mar 13, 2021 10:53 pm
Res Ipsa wrote: ↑Sat Mar 13, 2021 10:30 pm
so perhaps Mrs. Utchdorf misremembered that the policy applies only to the FP and used her husband’s name because she’s from an era where the husband’s name was used for all financial transactions.
Hold on, the policy applies to the presiding officers of the Church, hence the so-called
"oversight" made by Utchdorf's family while he was a member of the Twelve after having left the First Presidency in January of 2018. The contributions were made while Utchdorf was in the Quorum of the Twelve. There is no doubt in my mind that Utchdorf and his wife were thoroughly briefed and reminded of the policy, probably on an annual basis, and likely signed something to that effect.
Right?
Partly right. The policy applies to Mr. and Mrs. Utchdorf, s he is in the Q12. However, one possibility is that whoever made the donation misremembered the policy, thinking it applied only to the FP, but not to apostles. This is the kind of mistake that human brains regularly make — even on important facts. Human memory is incredibly fallible, especially when recalling the details of a written policy.
One of the most interesting things about my legal career is experiencing how common it is for people to make innocent mistakes, innocently misremember events, etc. Most of my career has consisted of figuring out complex factual situations and applying them to often Byzantine insurance policy language. My mentor, when I was first introduced to this specialized legal practice, was a well-practiced curmudgeon. He was well known for growling his number one rule: “Read the god-damned policy.”
And he was right. Even experienced claim handlers get claims wrong because they misremembered some piece of policy language. And even after doing this for 35 years, I always read the policy when evaluating claims, even forms I’ve worked with many times, because I have seen how easy it is for a brain to misremember something.
So, unless whoever made the donations actually read the policy right before donating, misremembering the policy is a perfectly plausible explanation for what happened. It’s plausible because it’s consistent with what brains typically do during normal operation.
More life experience. Part of my practice has been in insurance fraud investigation. Once the brain thinks it has found something and someone suspicious, confirmation bias sets in hard. You have to work very hard to figure out contrary explanations because your brain does not want to do it.
There are warning flags that help spot motivated reasoning. One is when you start bolstering your preliminary conclusions with assumptions based on what you think must be true. If you follow that path, you are virtually certain to reach the wrong conclusion.
So, when you say “there is no doubt in my mind that,” a little red flag pops up in my brain that says “motivated reasoning.” The fact is, I have no idea how the election neutrality policy is presented to the Q12 and the FP, how often it is discussed, or the detail in which it is discussed. And, unless you have actual evidence of any of this, then not only should you have doubt in your mind, you should have no opinion on those facts. They are facts to be investigated, not conclusions to be reached.
After the fact, it’s easy to say “they must have remembered X.” But, in fact, to say that, you have to ignore almost everything we’ve discovered about how the brain works.
There are portions of the neutrality policy that are extremely important to the organization — the ones that put its tax exempt status at risk. The donation policy is not one of those. A perfectly plausible scenario in this case is that whoever made the donations remembered that there was something about donations, but none of the specifics. So they googled the IRS regulations and saw the donation was legal and had no effect on tax exempt status. But they forgot that portions of the policy are more restrictive than the IRS rules. Again, these are common mistakes that brains make.
So, when I get to the end of your post, I have to say “not right.” The evidence to date is nowhere near sufficient to conclude that the donations represent an intentional violation of the neutrality. It takes highly motivated reasoning to get there.