"I'm happy to see that you are sober as a judge" Is this a rhetorical device?

Context: A few decades ago, during the electoral campaign for governor, there was a televised debate between the three major parties candidates. Candidate A, the favorite according to the polls, was notorious for heavy drinking and rumor had it that he had become a real alcoholic. The three candidates arrived at the studio and when Candidate C shook hands with Candidate A he said: It's a great pleasure to meet you, Mr A, and "I'm happy to see that you are sober as a judge". Candidate A simply smiled and said "Thank you", perhaps hoping it had gone unnoticed.

First I thought this might be a figure of speech like "Ad hominem, poisoning the well". Then again, it doesn't look or sound like a figure of speech. Is it a rhetorical device? What kind? Is there a term for it?

Solution 1:

It might be paralipsis:

Stating and drawing attention to something in the very act of pretending to pass it over. A kind of irony. (From the Silva Rhetoricae website at Brigham Young University)

I say "might", because it's a term I only recently came across, and the remark in your question is more oblique than the example on the page I linked to (which, as it happens, also involves accusing a politician of drinking). But the intention is clearly the same, and on the Wikipedia page for paralipsis (which redirects to apophasis), another example is given in which Ronald Reagan implies something about a political opponent in a similarly oblique manner:

When asked about the allegations that Dukakis had received psychological treatment in the past, Reagan responded by saying with a smile, "Look, I’m not going to pick on an invalid". (Wikipedia)

If that is indeed paralipsis/apophasis, then I would say that, in this context, "I'm happy to see that you are sober as a judge" is too.

Solution 2:

Double Entendre: ambiguity of meaning arising from language that lends itself to more than one interpretation. (Google)

Sober adjective

1: sparing in the use of food and drink: abstemious.

2: marked by sedate or gravely or earnestly thoughtful character or demeanor.

(Merriam-Webster online)

Sober: etymology: mid-14c., "moderate in desires or actions, temperate, restrained," especially "abstaining from strong drink," also "calm, quiet, not overcome by emotion," from Old French sobre "decent; sober" (12c.), from Latin sobrius "not drunk, temperate, moderate, sensible," from a variant of se- "without" (see se-) + ebrius "drunk," of unknown origin. Meaning "not drunk at the moment" is from late 14c.; also "appropriately solemn, serious, not giddy." Related: Soberly; soberness. Sobersides "sedate, serious-minded person" is recorded from 1705. (etymonline)

The adjective sober has several distinct meanings, two of which are in play here.

Sober as a Judge idiom / simile

1. Cliché very formal, somber, or stuffy. (*Also: as ~.) You certainly look gloomy, Bill. You're sober as a judge. Tom's as sober as a judge. I think he's angry.

2. Cliché not drunk; alert and completely sober. (*Also: as ~.) John's drunk? No, he's as sober as a judge. You should be sober as a judge when you drive a car. (The Free Dictionary)

So, within this rather clever turn of phrase I can see two double entendres operating - one based on the two distinct senses of the term "sober," and the other utilizing the fixed phrase "sober as a judge," to mean both 1) “sober as a judge” which plays upon the reputation – deserved or not – for the propriety of judges (serious, grave, solemn, sedate, staid, earnest), and 2) a literal, rather than figurative, take on the simile, i.e., "I'm happy to see you are abstemious when acting in the official capacity as a judge."

Solution 3:

I understand that the question is asking for the name of this type of remark.

It has been pointed out already that 'sober as a judge' is a well known expression.

As a whole however, I interpret the comment as a deliberate slight; he wanted to highlight his opponent's alcoholism in a somewhat indirect manner.

Hence, in British English, the comment could be labelled as a snide remark.

Snide: (of a remark, etc) maliciously derogatory; supercilious

CED as found at thefreedictionary.com

Also, I think that it was rather sarcastic.