Tu quoque fallacy- Appeal to hypocrisy (personal inconsistency)

Tu quoque (Latin for “you also”), or the appeal to hypocrisy, is a fallacy that intends to discredit the opponent’s argument by asserting the opponent’s failure to act consistently in accordance with its conclusion(s). That is, it is claimed that the argument is flawed by pointing out that the persona making the argument is not acting consistently with the claims of the argument.

The logically fallacious tu quoque “argument” follows the pattern:

Person A makes claim X.
Person B asserts that A’s actions or past claims are inconsistent with the truth of claim X.
Therefore, X is false.

An example would be

Peter: “Bill is guilty of defrauding the government out of tax dollars.”
Bill: “How can you say that when you yourself have 20 outstanding parking tickets?”

It is a fallacy because the moral character or actions of the opponent are generally irrelevant to the logic of the argument. It is often used as a red herring tactic and is a special case of the ad hominem fallacy, which is a category of fallacies in which a claim or argument is rejected on the basis of facts about the person presenting or supporting the claim or argument.

Example

In the trial of Nazi criminal Klaus Barbie, the controversial lawyer Jacques Vergès tried to present what was defined as a Tu Quoque Defence—i.e., that during the Algerian War, French officers such as General Jacques Massu had committed war crimes similar to those with which Barbie was being charged, and therefore the French state had no moral right to try Barbie. This defense was rejected by the court, which convicted Barbie.

Further References

Walton, D. (1998). Ad hominem arguments. University of Alabama Press.

Red Herring strategy/fallacy

A red herring is something that misleads or distracts from a relevant or important issue. It may be either a logical fallacy or a literary device that leads readers or audiences towards a false conclusion. A red herring might be intentionally used, such as in mystery fiction or as part of rhetorical strategies (e.g., in politics), or it could be inadvertently used during argumentation.

The term was popularized in 1807 by English polemicist William Cobbett, who told a story of having used a kipper (a strong-smelling smoked fish) to divert hounds from chasing a hare.

“When I was a boy, we used, in order to draw oft’ the harriers from the trail of a hare that we had set down as our own private property, get to her haunt early in the morning, and drag a red-herring, tied to a string, four or five miles over hedges and ditches, across fields and through coppices, till we got to a point, whence we were pretty sure the hunters would not return to the spot where they had thrown off; and, though I would, by no means, be understood, as comparing the editors and proprietors of the London daily press to animals half so sagacious and so faithful as hounds, I cannot help thinking, that, in the case to which we are referring, they must have been misled, at first, by some political deceiver.”

William Cobbett, February 14, 1807, Cobbett’s Political Register, Volume XI[10]