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    Sorry, No War in North Korea

    August 8, 2017 // 44 Comments »



    I’m so sorry to disappoint so many people, but there is not going to be a war with North Korea.


    No, no, Trump is not going to start a war there. And, no, Kim Jong Un is not going to start a war there. It is not going to happen, despite a cottage industry of pundits who seem to really believe war is only moments away.


    Let’s start with the obvious. A war on the Korean peninsula benefits no one and is really, really bad for everyone (we’ll get to the irrational madman theory in a moment.)

    Any conflict means the end of North Korea, and the end of the Kim dynasty. The U.S. will win any fight, nuclear or not, and Kim and everyone with any power or money in the North knows that. North Korea has no reason to start a war that will end in its own destruction. The people there with power and money do not want to give those things up.

    South Korea, same thing. They will also be destroyed in whole or in part, and, should much survive in the south, they will also get stuck with the mass of refugees flowing out of whatever is left of North Korea. China will not want war for much of the same reason, plus the loss of the buffer state the North represents, plus the desire not to have a smoking radioactive ruin on its border.

    The U.S. does not want war because of all of the above, the likelihood that ally Japan will get trashed along the way, the likely global economic depression that will follow and/or because no one in Washington will bet the house that the North Koreans don’t have a submarine that might get close to Hawaii, a way to deliver a dirty bomb somewhere, or that a glow-in-the-dark North won’t spark off a worldwide radioactive climate crisis.

    Because see, how unlike every other shooting war of the last 70 years including everything in the Middle East, war on the Korean peninsula is different. North Korea is a nuclear state, and that changes everything. Deterrence works, it really does. Ask the Cold War about that.


    And that leaves us with the madman theory, the idea that either Trump or Kim or maybe both are irrational, impulsive crazy people who could just one night say, to hell with it, let’s push the button. The problem with this theory is that nothing in history supports it.

    The Kim dynasty has been in power some 70 years, three generations. They have weathered conventional war, sanctions, and numerous war-like acts. They have dealt with famine. They survived the fall of the Soviet Union and generations of American governments. They did not act irrationally. You don’t stay in power for seven decades acting irrationally or impulsively. You stay in power and hold your own against multiple superpowers by careful actions and good choices. There is nothing — nothing — to support any contention Kim might act any more irrationally than his nuclear-armed dad did.

    Sorry to say it, but same for Trump. You hate him, I know that. He is not bright. But same as Kim, he has decades of actions that show he knows how to handle things. He ran a company, he made some money, he got himself elected president. He’s been in office now some seven months and absolutely none of the apocalyptic predictions people have been puking up on the Internet since November have happened.

    Neither Trump nor Kim will wake up for cocoa and push a button like Dr. Evil and start WWIII.

    So relax. There are other things to worry about. Say a Chernobyl-like nuclear accident in North Korea that sends millions of refugees into South Korea and irradiates Japan as air currents blanket Tokyo with glowing dust.



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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Military, Trump

    The US: A Nation Of Immigrants With a Bad Immigration Policy

    August 2, 2017 // 7 Comments »



     immigration good for the United States? Mostly yes, but sometimes no. But that’s the wrong question to ask, so try this one: is the policy, law, and regulation of immigration haphazard at best and clearly not serving the nation’s needs? Absolutely.

    That America is a nation of immigrants is far from a trope; no other nation on earth has been so formed by immigration, from its national myths to the hard core realization of its industrial revolution to its current draw of immigrants, from the most highly-skilled to the most unskilled, from around the globe.

    At the same time, no other nation so intertwined with immigration has as ambivalent attitude toward it as expressed through law and policy, and no other nation whose economy is intimately tied to immigration has a set of laws so seemingly divorced from that. America, at best, jerks forward and backward on immigration issues based on often largely uninformed thought, at times racist emotion and good old political pandering.

    Let’s take a deep dive into the way American immigration currently works, its benefits and pitfalls, and what might be done to maximize those benefits and avoid the worst of the pitfalls.

    What is the State of Immigration Today?

    Immigrants are those seeking, legally or not, to live permanently in the U.S. There are also non-immigrants, persons such as temporary workers (from the unauthorized agricultural worker to the skilled H1-B programmer), as well as students, and the like.

    But nothing seems to dominate the American political mind more than undocumented immigration (or maybe terrorism, but even that is often conflated with immigration issues.) From Candidate Trump planning to build a wall on the Mexican border, to Candidate Clinton offering various legislative schemes to immigration-savvy Hispanic voters, the topic is very much a part of the American conversation.

    Conservatives seize on every violent crime report that features an undocumented immigrant perpetrator, while liberals point to immigration’s economic benefits and the humanitarian aspects of united families. Pretty much everyone chokes up to see new immigrants become citizens in front of the flag.

    Under the current way, immigration works in America, people arrive via three main streams: undocumented immigrants, legal immigrants joining family members, and legal skilled workers. The latter two categories are also known as Green Card holders, or Legal Permanent Residents (LPRs). Most will upgrade to full-on U.S. citizens. There are also those who immigrate by winning the visa lottery, refugees, legal semi-skilled workers, and other niche sub-categories.

    Let’s take a look at each of the three main streams delivering immigrants to the United States.

    Undocumented Immigrants in the United States

    A huge hole in any discussion of undocumented immigrants is no one knows how many of them there are. Intelligent estimates range from 11-20 million, quite a spread, especially given the very vague math behind the accounting. And even the low estimates seem, well, high. Between 1880 and 1930, the magical Ellis Island period of nearly unfettered immigration into the U.S., the total intake over 50 years was 27 million people.

    The walk-ins, mostly Mexicans, make up about half of America’s undocumented immigrants. Something like 40% of soon-to-be undocumented immigrants in the U.S. enter legally, on tourist and student visas, and then simply stay. But the lack of any comprehensiveness tracking system means nobody can be too sure.

    And because the group is indeed undocumented, who they are is also unknown. How many will work at all, how many will take low-level jobs and how many will move into well-paid positions and possibly seek legal status at some point is tough to sort out. In Florida, a neat number are older Brits settled into the sunny retirement communities there. Undocumented people self-select to come to the U.S., and so there is no sorting out of things, no connection to America’s economic and job needs.

    Keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to family reunification-based immigration.

    Family-Based Immigration to the United States

    The second stream of immigrants into the United States are persons legally entering under America’s family reunification laws; the process accounts for about two-thirds or more of all lawful immigration to the U.S. every year. American citizens and Legal Permanent Residents can apply to bring their relatives to the U.S., to include in one way or another (the categories can be complicated) foreign spouses, unmarried children, parents, adopted children, fiancées of American citizens, married sons, married daughters, and brothers and sisters of adult U.S. citizens.

    Family reunification has long been the cornerstone of American immigration policy. Many early immigrants to America, particularly those fleeing religious or political persecution in their homelands, migrated as families. In subsequent centuries, a head of household often came first to the new land and later sent for his family. Prior to 1965, when the current family reunification law was first codified, the timeliness of family reunification in the U.S. depended almost entirely on how long it took for this first family member to secure a job and raise enough money for his spouse and children.

    The family reunification system was and is still largely based on immigrants applying for other immigrants. Immigrants from countries that send a lot of people to the U.S. later bring more people from those same places in. Thus Mexico, the Philippines, China, India and the Dominican Republic dominate the current immigrant pool in a kind of statistical snowball.

    But at least families can get together, right?

    Wrong. Because of that snowball effect, and because Congress places numerical limits on the number of most family reunification-based immigrants, the waiting lines grow exponentially. Over the years Congress was pressed into creating country-by-country limits for the most robust sending nations. Those limits have become unmanageable under the first-come, first-served system. The most-backed up is the processing of siblings of American citizens from the Philippines. That process is now only taking those applications (“priority date”) first filed in 1992. Applicants literally pass away waiting for their turn.

    The family reunification system, which once made sense in a growing nation anxious for workers of all kinds, now represents something of a 19th-century legal hangover. Because the only qualification is that family tie, America gets the loser drunk uncles alongside the brilliant sister physicists. It’s a crap shoot. There is no sorting out of things, no connection to America’s economic and job needs.

    Now keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to skills-based immigration.

    Highly Skilled Immigrants in the United States

    Immigration based solely on skills is the smallest stream of legal entries into the United States. While some 140,000 persons enter yearly under this overall umbrella (by comparison, the U.S. admits about 70,000 refugees each year), only about half of those fall squarely under what can be considered highly-skilled categories (keep in mind we are discussing immigrant visas, Green Cards, that allow permanent residency and employment in the U.S., and not more well-known non-immigrant, temporary, visas such as the H1-B. There are, for example, some 700,000 H1-B visa holders in the United States at present, a guesstimated 20% of the IT workforce alone.)

    Aside from the highly-skilled immigrants, employment-based immigration still for some reason retains a category for unskilled workers, another for those whose jobs require less than two years training, and one for those whose work only requires an undergraduate degree. Like all permanent working immigration, those categories are numerically limited by law (with additional limits for Chinese, Indian, Mexican and Philippine citizens.) While the numbers of un- or semi-skilled worker immigrants are small, that such categories exist at all in 2016 (priority date backlogs mean that cases currently being processing were first filed in 2003; what business can wait 13 years for an unskilled worker to arrive?) and in the face of large numbers of undocumented immigrants already in the U.S., explains much about the unfocused nature of America’s immigration policy.

    The tighter numerical limits on some countries, especially China and India, are designed to make the system “fair” by leaving room for immigrants from other places, and have no connection to the higher standards of education, and thus presumably higher quality workers, there. So an especially gifted Chinese programmer must wait her turn to allow a mediocre photographer from Spain in first.

    Across the spectrum of work-based immigration, almost no mind is paid to what skills the immigrants bring to the U.S. Unlike countries such as Canada and Australia that use “point based” systems to try and prioritize those with especially needed skills, the U.S. requires only that its work-based immigrants be skilled, at well, something. And then they get in line, first-come, first-served.

    No need to add that line about no connection to America’s economic needs again, right? You get the picture by now.

    Is Immigration Good for America?

    The answer is pretty much a clear yes. Always has been. Easy to imagine it always will.

    America’s 19th-century industrial revolution could not have happened without the influx of workers into the nation. Cities such as New York were built literally by hand by early Irish and Italian immigrants, who brought strong backs and ready skills in with them. Scandinavian immigrants settled the vast northern territories of the U.S., adapting their home agricultural techniques to cold lands most existing American farmers weren’t sure what to do with. Chinese immigrant labor built the great railroads of the West.

    Do we really need another list of famous immigrants and their contributions? Albert Einstein, Joseph Pulitzer, Intel founder Andy Grove, Google creator Sergey Brin, Yahoo’s Jerry Yang, Secretaries of State Henry Kissinger and Madeleine Albright, along with Bruce Willis, Arnold Schwarzenegger, Neil Young, David Bowie, Tracey Ullman and Mario Andretti. Pick any field and you’ll find within it significant achievements by immigrants, and their sons and daughters.

    Economic Benefits of Immigration

    Immigration is infrastructure. Every person who brings his/her skills and labor contributes to the growth of the United States. Each of those persons who acquired his/her skills abroad did so at no cost to the U.S., and each of those people making a contribution inside America improves the nation’s competitive level at the expense of the losing country — the brain drain from one, the brain gain to the other. In a 21st century global economy, that represents a significant advantage to nations that understand infrastructure is much more than bricks and mortar. It’s brains.

    Economically, immigrants broadly (many studies are unable or uninterested in parsing out who is undocumented and who is legal) represent a significant presence at nearly all strata of America society. Some 46 percent of immigrants work in traditionally white-collar positions. And while immigrants only make up 16 percent of the workforce in general, they make up over 20 percent of dental, nursing and health aides, and double-digit numbers of all software developers.

    While immigrants on average initially make less than their native-born peers, in many communities all family members are expected to work and pool their incomes. The percentage of immigrants below the poverty line, at 20%, is only slightly higher than the national average of 16%. No data is available, however, as to how long immigrants remain below the poverty line, as compared to citizens.

    Immigrants also show a greater entrepreneurial spirit than many native-born Americans. In a 2012 report, the Partnership for a New American Economy notes “over the last 15 years, while native-born Americans have become less likely to start a business, immigrants have steadily picked up the slack. Immigrants are now more than twice as likely as the native-born to start a business and were responsible for more than one in every four U.S. businesses founded in 2011, significantly outpacing their share of the population.”

    Immigrant-owned businesses in the U.S. generate more than $775 billion in sales and pay out more than $126 billion in payroll each year. There are also hefty tax payments alongside all that money. One in every 10 workers at privately owned U.S. businesses works at an immigrant-owned company. Altogether, immigrant-owned businesses collectively created four million of the jobs that exist today in the United States. And much of that economic growth comes from exports, as immigrant-owned businesses are 60% more likely to export than non-immigrant businesses. Who better than a Guatemalan expat to sell U.S. goods in Guatemala? And of course, exports are a major plus for an economy, pulling foreign money in.

    Immigrants and their children founded 40 percent of Fortune 500 companies, which collectively generated $4.2 trillion in revenue in 2010, more than the GDP than of every country in the world except the United States, China, and Japan. A little less than 20 percent of the newest Fortune 500 companies – those founded over the 25-year period between 1985 and 2010 – have an immigrant founder. Those whose concepts of immigration are based on images of fruit pickers think far too small.

    Does Undocumented Immigrants Bring Economic Benefits?

    Undocumented immigrants and the American payroll and tax system create an odd windfall for Social Security, paying an estimated $13 billion a year in social security taxes and only getting around $1 billion back, according to the chief actuary of the Social Security Administration (SSA).

    As most undocumented workers who are not paid under the table lack legal Social Security numbers but still need to fill out tax forms for their employers, many/most use fake or expired social security numbers. The money comes out of their paychecks and is sent off to SSA, and is seen by the workers as a cost of their new life in America. As the social security numbers are bogus, no one comes calling to collect benefits on them and risk exposing the fraud. The SSA estimates unauthorized workers paid $100 billion into Social Security over the past decade.

    Those same undocumented immigrants pay almost $12 billion in federal, state and local taxes. Tax contributions from ranged from less than $3.2 million in Montana with an estimated undocumented population of 6,000 to more than $3.2 billion in California with more than 3.1 million. It is one thing to cheat on immigration law, quite another to try and escape the tax man. Not convinced? Roll into any large immigrant neighbor in the Spring to see tax preparation services popping up alongside the small groceries and ethnic restaurants.

    People paying taxes is good. Social Security can always use more money. New businesses are good for business. Jobs create jobs. Employed people spend money in their communities. Exports make America stronger.

    If you’re still not sure about immigration, imagine some sort of immigration Rapture, right out of the television show The Leftovers, where one day every immigrant to the U.S. magically disappears. Look at the money above, and imagine the economy without it. Look at the jobs that would no longer exist or be created in the future, and impact on our health care system of the loss of workers, the children who would no longer be paying tuition at colleges, and the loss of cultural diversity. Any argument against immigration needs to begin by negating all of the above, in dollars and cents.

    Indeed, if immigration to the U.S. did not exist, it would be necessary to (re)create it.

    Is Immigration Bad for America?

    Most arguments against immigration rely more on emotion than data, and always have.

    Looking back into America’s past, each successive wave of immigrants was demonized by the preceding ones, or criticized with old world prejudices carried over along with the luggage. And so cheap Italian labor was going to take away jobs from people who a decade earlier were going to take away jobs from whomever got there first. Jews coming to America ran into anti-Semitism reminiscent of Eastern Europe, likely practiced by some of the same people from home who just had gotten on a earlier boat. During the World Wars German saboteurs were the scary boogie men jihadists of their day. None of these things makes for a very strong anti-immigration argument.

    That said, immigration as it stands now in America, where the largest numbers of newcomers are undocumented people from Mexico and Central America, clearly does hold down wages and fill up the lowest level jobs. That large numbers of such immigrants are clustered in border states and cities like New York only adds to the problem, as the burden is not spread anywhere close to equally. To counter, however, critics point to the unanswerable question of how many of those jobs would be taken by Americans without a substantial increase in the minimum wage.

    One area where wage suppression seems a clear concern is in the tech industry, where a Green Card is often offered as a form of compensation in lieu of a better salary. Many immigrants from the tech industry first arrive in the U.S. via temporary H1-B working visas. In return for accepting lower than market salaries, their companies sponsor them for permanent status. Once in possession of a Green Card, the worker may move on, to be replaced by a new H1-B person from abroad.

    Immigrants, legal and otherwise, do send money “home” and always have, money that is pulled out of the host economy. Globally, India is the top recipient of such remittances at about $72.2 billion, followed by China with $63.9 billion and the Philippines at $29.7 billion. The money flow is so important to economies such as the Philippines that the government established the Philippine Overseas Employment Administration to manage the flow of workers out, and money back in. The World Bank estimates the real size of remittances is actually “significantly larger” than recorded as there are unrecorded flows through the formal and informal sectors.

    Note that those are worldwide numbers, for all Indians working away from home all across the globe. The outflow directly from the United States is harder to establish, though Mexico, with the majority of its overseas workers in the U.S., receives $24 billion a year in such remittances. It is also difficult to know who is sending the money; the remittance businesses don’t ask if the sender is a citizen, a legal immigrant or undocumented.

    No one can argue that large sums of money leaving the U.S. is a good thing, but one can also argue that money earned belongs to the worker to do with as s/he chooses. And of course many wealthy Americans export significant sums to avoid taxes or as investments, never mind American corporations who offshore their profits to bypass U.S. taxes.

    Immigrants in general, and illegal immigrants specifically, do add to the costs of public education in the United States. The 1982 Supreme Court case Plyler v. Doe struck down a state statute denying funding for education to undocumented immigrant children and simultaneously struck down a municipal school district’s attempt to charge such children an annual $1,000 tuition fee to compensate for the lost state funding. The ruling made clear states can’t deny free public education to its children on the grounds of their immigration status. For communities where large numbers of immigrants arrive seasonally to do agricultural work, are paid under the table, and thus do not contribute in taxes, this can be a significant financial burden.

    The collection of welfare, food stamps (now known as the Supplemental Nutritional Assistance Program, or SNAP) and other social programs by immigrants is a touch-point issue for persons opposed to immigration. One study showed the welfare payout to all immigrant-headed households, legal and illegal, was an average of $6,241, compared to the $4,431 received by a citizen households. Unexamined in that data are the questions of which of those benefits were earned, such as Medicaid, by working people, and which went to the American citizen children of immigrants. As citizens, those children are fully entitled to the same things offered to any American, no matter the status of their parents. The dollar amounts alone do not answer the question asked.

    Food stamps are not available to non-U.S. citizens, with exceptions for some refugees, the disabled, the very old and the very young, what all but the most cynical would consider a humanitarian necessity. Critics, however, point to the easy availability of fake citizenship documentation and suggest persons not legally entitled to SNAP receive it anyway. Some no doubt do, but no one has any hard numbers on the problem.

    Alongside the social benefits arguments, critics of immigration point to crimes committed by illegal immigrants. Statistics do not, however, support this argument per se, but the money side of the issue does sting.

    According to Department of Justice, some 14 percent of federal prison inmates are illegal immigrants, though many locked up only for immigration violations. In state prisons, illegal immigrants account for less than five percent of all inmates. Some argue that without illegal immigrants present in the U.S., none of those crimes would have been committed at all, and none of the prison costs would have been paid. A study done in 2010 estimated administration of justice costs at the federal level related to criminal immigrants at $7.8 billion annually. The comparable cost to state and local governments was $8.7 billion.

    Lastly, any accounting of the burden immigrants place on American society should include the $18 billion spent annually by the federal government on immigration enforcement.

    The State of Immigration in Other Countries

    Comparing immigration among various countries is very difficult, as policy is deeply tied to each nation’s history and culture. What works in one country has no business in another, and it is hard to find a place where immigration plays anywhere near the role it does in the United States.

    That said, Old Europe may offer some lessons in how to get thing mostly wrong. Old prejudices and young idealism seem to control views on immigration, and centuries of homogeneity, driven by established culture, language and stable borders, make assimilation tough. Few economies are expanding beyond the professionals produced domestically anyway, and much of the true immigration debate is tangled up in lurching refugee policies, themselves often driven by outside forces, such as American pressure to “deal with” the Syrian crisis.

    Japan is an especially egregious example of dysfunctional immigration policy, essentially one of no legal immigration at all. Despite declining birthrates and soaring numbers of the elderly such that the country is experiencing a shortage of workers, prejudice toward outsiders dating back hundreds of years or more stops discussion of an obvious solution: bring in new blood from abroad. Instead, Japan delays some obviously approaching day of reckoning with the idea that robots will fill in the labor gap.

    Another interesting case is China. With an expanding economy, China has first looked internally to its large population. As high tech needs grow, the nation has essentially created a hybrid class of immigrants, Chinese educated abroad who are convinced to leave jobs in the U.S. and Europe to return home. While not immigrants per se, these Chinese bring a mix of foreign education and diversity typically only available through traditional immigration. Plus there are little-to-no assimilation issues. India has similar options available.

    Overall, while terms like “good” and “bad” can be seen as relative, as best we can tell, the benefits of immigration to the United States outweigh any negatives. Add them up yourself.

    The “Hypothetical Immigration” Reform

    Immigration per se is hard to argue against. The preponderance of evidence over decades points to the nation-changing economic, cultural and social benefits gained by the United States. Any costs must be calculated, as in any business situation, against the benefits.

    While immigration itself is hard to rationally argue against, it is equally hard to argue against the need to reform immigration policy (some might say “create a policy” instead of accepting the de facto one that has evolved on its own.)

    If the goal is to enhance the benefits to the U.S. of immigration while lowering the costs, the present system fails so badly that it remains a miracle that any good comes out of it at all. The working/skills based immigrants are untethered to America’s economic needs, the family-based system is backlogged and make little sense in the 21st century, and no one even knows how many undocumented immigrants are in the U.S. or what they are doing.

    So What Do We Do To Fix Immigration in the US? 

    Anyone, candidate for office or otherwise, who tells you s/he has pat solutions to America’s immigration situation is lying, misinformed or simply pushing some political position. And yes, yes, any proposed change will be difficult, costly, time-consuming, impossible to get through Congress (the last comprehensive immigration reform, absent all the security-related legislation post-9/11, took place in 1986). So, if it is easier to swallow, think of the following as a kind of thought experiment, a pie-in-the-sky wish list.

    Here are some ways things that might change.

    – America must move away from its over-emphasis on family-based immigration, especially for categories such as siblings and adult children that are so backed up as to be meaningless. The system may have been the right thing at the right time in the 19th and early 20th centuries, but it is long past its over-due date here in the 21st.

    – Whatever the current work/skills immigration system is based on, it should be remade into a points system directly tied to American economic needs. Skills needed in the economy should be assigned points to be matched up with applicants. Need electrical engineers more than web developers? Prioritize. Change the priorities as often as needed, and move resources from the family-based side to the skills side so that cases are processed fast enough that demand and supply match up. Adjust the intake so as not to disadvantage existing workers.

    – Better data. How can one work on a problem that is not actually understood? How many undocumented immigrants are there, where do they come from, what do they do when they are here, how much do they pay in taxes and Social Security, and how much do they draw out via social programs? In addition to the big unknowns, in nearly every instance where “facts” are available, data that supports immigration comes from pro-immigration groups’ research, and the opposite for “negative” information. Fully objective data is nearly impossible to find, and parsing out all of the statistical anomalies and bad scholarship is very difficult.

    – Reform immigration record keeping. One under-discussed problem in collecting data on undocumented immigrants is the determination of who is and is not “illegal.” U.S. immigration law takes up more shelf space than federal income tax law, and in many ways is more complex. For example, if you were stopped and told to prove your citizenship by a police officer, exactly how would you do that? The only iron-clad documents that prove citizenship are a U.S. passport or travel card, a Certificate of Naturalization, or a bona fide U.S. birth certificate. Few people carry those around, and fewer law enforcement personnel can tell a real one from a good fake. There is no national database of citizens and Americans resist a national ID card in favor of a pastiche of driver’s licenses and ragged cardboard Social Security cards. Green Cards are issued for life, and some old timers have one with a photo of their twenty-five-year-old self on it.

    As another example, student visas are valid for the period of time the bearer remains in full-time education. In theory, assuming no departures from the U.S., a teenager could be legally given a student visa for four years of high school, that she used for another four years of undergraduate education, followed by three years of grad school, followed by a work-study period of employment, followed by a 90-day grace period until required departure. It is all legal, but sorting that out roadside is near impossible.

    – Trump’s hyperbole aside, America does need some sort of effective border control. It is clear that large numbers of people are able to simply walk in. That “policy” is no policy.

    The State Department issued some 12 million non-immigrant visas (student, tourist) in 2015. Most visas are valid for five years, meaning there are some 60 million of them out there at any one time. In addition, citizens of 38 countries, such as Canada, Japan and Britain, can enter the U.S. for tourism or business without visas.

    Altogether, as an example, during 2011 alone, there were 159 million non-immigrant admissions to the United States, visa and visa-free. No one knows where they are. Presumably most returned home, but, since the United States stands alone among industrialized nations (travelers in the Schengen zone are an exception) in having no outbound/exit immigration control, no one knows. Various programs are in evolution, but almost all involve the airlines gathering data when people fly, instead of making an inherently governmental process the business of the government.

    Student visa holders are only tracked by their schools, who report to the Department of Homeland Security. As one can imagine, Harvard and Ohio State take this job seriously, the Podunk School of Cosmetology less so.

    – If, and only if, all that gets done, an amnesty to reset things seems justified, and will allow the U.S. to better judge the status of its reformed immigration policies.

    – Finally, outside of legislation and regulation, it is time for America to move past the angry falsehoods and full-on hate that drives too much of the conversation on immigration. Same for the myths that immigration is so enshrined in the American story as to be untouchable. The questions to answer and the problems to solve are with us. We need to get down to it.



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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Military, Trump

    Six Months of Trump: Where Things Stand

    July 20, 2017 // 19 Comments »



    I awoke this morning to find it was not Judgement Day but simply morning.


    A little cloudy, might have some showers later. Things looked pretty normal. I ran the usual checks to make sure I hadn’t awoken in some alternate reality, that I had not slept through a time vortex and risen in a world run by super-intelligent apes, that sort of thing. Nope, regular everything. The milk in the fridge that was a little on edge yesterday morning was kinda ripe today.


    Trump’s been in office for six months as of today and everything is… sorta normal. He’s a crappy president, pretty much as we expected. I don’t see he’s done much good, but on the other hand looking over what the media, academics, and those who speak for us all, Colbert, Meyers, Samantha Bee, and George Takei have been predicting would have gone down by now, all and all things are not so bad.


    — No nuclear wars.

    — No wars with China, Russia, Iran or North Korea. Same wars Bush and Obama started or escalated still going strong.

    — No diplomatic breakdown because of Taiwan. No change in U.S. “Two China Policy.”

    — NATO and alliances with Australia, Japan, etc., intact.

    — No mass resignations among government employees. CIA, NSA, and State Department still open for business.

    — The people the media has been non-stop predicting would be fired/quit/indicted — Reince, McMaster, Mattis, Spicer, Ivanka, et al — are all still around.

    — Trump has not annexed the Sudetenland.

    — No coups.

    — 1st Amendment, and others, still nicely in place.

    — No impeachment, no invocation of Emoluments Clause, no use of the 25th Amendment, no formal charges of treason.

    — No roundups of POC, women, journalists, or LGBTQ people. Deportations are still below Obama-era headcount of 2.5 million deported, highest under any presidency.

    — Stock market did not crash. Doing well, actually.

    — No psychological break down by Trump leading to anarchy, war, etc.

    — No signs of capitulation to Putin. We still own Alaska.

    — U.S. justice system and courts still open and functioning.

    — Absolutely nothing has changed regarding abortion rights, whatever the f*ck our healthcare system is, marriage equality… nope, steady state.


    In the interest of presenting a balanced view of events, here is a hysterical rebuttal to the points made above:

    It’s too early! OMG, it has only been six months. How’s the Kool-Aid nazi lover? As a white man of privilege who isn’t gay what do you know anyway about suffering, so f*ck you. The Resistance has held Trump back for now by posting on Facebook, but what about tomorrow?!? Luckily we marched with pussy hats or things would have been worse. You don’t know how bad it is because most of the changes are hidden. America’s prestige abroad is trashed and Andrea Merkel is leading the Free World! Putin’s playing 3-D chess and just waiting to make his move. Any day now Robert Mueller is going to announce ____ and the sh*t will come down. We are nasty, fierce, persistent, and have excellent vocabularies. And did you see what anonymous sources told the NYT today? At least Dr. Who is a woman, so that means Hillary really won, doesn’t it?




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    Trump, Russia, the Birth Certificate and the Election That Will Not Conclude

    July 18, 2017 // 38 Comments »


    Too many people, many driven by racism, refused to accept the election of Barack Obama in 2008.

    The votes were clear, the will of the people overwhelming, but to minds blocked by disbelief, there had to be another way to prevent Obama from taking office or failing that, from legitimately exercising power.

    Enter the birth certificate. What could be more disqualifying than Obama not being an American citizen? Obama had already “admitted” his father was not an American citizen, and there were all those photos of him as a young man in Indonesia. The accusations played to the fear that someone not loyal to the United States (might he be a Muslim, too?!?) would occupy its highest office.

    The silliness of the idea that Obama was not an American citizen still lurks in some of the danker corners of the Internet. More significantly, the concept the birth certificate unleashed — maybe the election wasn’t ever going to be over — is now more than background noise. It is a real threat to democracy.



    Trump Won

    Like the Big Bang, disbelief that Trump actually won has been exploding ever-outward since November 8. The idea that the Russians had somehow “hacked” him into office surfaced even before the final vote tally. But first there were the recounts (the numbers couldn’t be right; they were.) The voter fraud (there wasn’t.) The Electoral College needed to be circumvented (it couldn’t be.) Or maybe actually it was the popular vote which mattered just this one time and Clinton should move into the White House (Nope, people who believe this failed 9th grade civics badly.)

    Following the Inauguration (with several prominent Democrats refusing to “normalize” it by attending), action overnight shifted to impeachment; when can things get started? Impeachment would be based on (as the media stumbled to remember 9th grade Civics) the Emoluments Clause, the Hatch Act, the Logan Act, denying the authority of the courts over immigration, nepotism, Chinese trademarks, sweetheart deals with dictators, Mafia money in real estate, firing the FBI director, or obstruction of justice. The 25th Amendment!

    Once-cogent pundits like Lawrence Tribe and Robert Reich morphed into human cottage industries proclaiming the impeach-ability of various Tweets, actions, and statements. Spiderman, save us!

    But with the apparent lack of traction behind any of those things, the boil burst into a giant pile of… Russia.



    Those Taxing Russians

    Then there are are demands for The Tax Returns.

    Beginning deep back into the campaign and continuing through today, Democrats and the media have created a strawman out of Trump’s taxes, insinuating smoking guns of shady Russian money must abound. Trump’s refusal to release the documents, for whatever reason, is twisted to be further proof of the explosive secrets they must hold (“nothing to fear, nothing to hide!”.)

    Unless each of us personally has the chance to comb through Trump’s 1040’s, no one will ever know The Truth.

    Left unsaid is that while Democratic politicians, media pundits, and the two of us have not seen Trump’s taxes, the IRS, FBI and Treasury Department have. Trump and his myriad corporate entities have been filing taxes forever, and have been subject to audits on an ongoing basis. Any investigations at the FBI and/or other agencies either have access to or can seek access to Trump’s taxes through subpoena, as well as decades of other financial disclosures and records. The pros have been at work for some time, literally since the 1980s or earlier, and nothing has emerged. That has been left out of the reporting on this issue.

    What the media seems to desire is a bit of paper showing Trump conducted some business with someone somewhere in Russia. The value of such a document remains questionable in proving… something bad. It is hard to imagine anyone involved in New York City real estate not working with Russian money at some point. Long before all this was the focus of such intense media attention, the New York Times wrote a non-partisan, deeply researched series of articles on foreign money in general, and Russian money in the specific, flooding the New York market. The Times concluded, without reference to Trump at all, that that “flight of wealth accrued in the chaotic capitalism of post-Soviet Russia has been a powerful force behind the luxury condominium boom reordering New York City’s skyline.” Russian money in New York real estate is, well, sort of normal.

    On the political side, contacts between foreign ambassadors and influential Americans happen constantly, sought by both sides. Our American ambassadors and State Department diplomats are specifically charged with building such contacts overseas. Attorney General Jeff Sessions, who also met the Russian ambassador, did so at the Republican Convention this summer. The ambassador was attending, along with 80 other foreigners, as a guest of the Obama State Department, which brings foreign diplomats to the conventions to “witness democracy.” And yes, every country weaves its spies into that heady mix. Much has been made of the fact that the Russian ambassador has met with many people connected with the Trump campaign. It’s actually sort of normal.

    Or maybe none of this matters — Trump will be impeached for the next thing that happens! Yeah, that one!



    So… What Happened?

    If we blow away all the smoke, what is left?

    A set of more-or-less agreed on facts is nearly non-existent; even the official existence of actual investigation(s) is mostly based on leaks and general statements.

    Someone, probably connected in some way to some entity in Russia, exposed emails from inside the Democratic National Committee during the 2016 presidential campaign that reflected badly on how the Committee treated Bernie Sanders. How that did or did not help send Trump into the White House is pretty close to unanswerable.

    Separate from that, people connected to Trump had various interactions with Russians. Trump’s initial appointee as national security adviser, Michael Flynn, took money from Russian TV station RT.com, and lied about meeting the Russian ambassador. Neither action is illegal, though most people would agree neither was proper, and both served as grounds for his firing.

    Trump’s son(s) had a meeting with Russian persons to talk about what dirt they had on Hillary. They didn’t have any dirt. Not illegal, not smart, but not grounds for impeaching anyone.

    Where things get sticky is validating the next step: that some or all of those things and others — the leaked emails, Trump corporate entities doing business with Russia, contacts with Russian officials, Flynn’s lies — add up to the fact that a large number of Americans, arguably almost all of whom did not vote for Trump, believe now in some way Trump was helped into the White House by the Russians, and in fact may be fully under the control of Russian leader Vladimir Putin. Decisions in the Oval Office itself are being made, they believe, based on how they can favor the Russians, not the United States. That’s a helluva accusation. It could impeach a president. It could destroy the Republican party. It could negate the 2016 election.



    Saving Democracy by Destroying It

    And so a frothy mix of Democrats and a media that by and large favored Candidate Clinton has emerged to prove that the president of the United States was helped into office by a hostile foreign government and/or is controlled in office by that government, claims unprecedented in American history. Maybe any nation’s history.

    First tries were offered to the intelligence agencies to “save” American democracy by unearthing information so unambiguous underlying a number of ambiguous acts that it would lead to a swift impeachment. Early in Trump’s tenure many on the left looked to the NSA or CIA to reveal intercepts that would take Trump down with his own words. Hopes were raised when some information almost certainly from intel sources was leaked to the Washington Post, and led directly to Flynn’s firing. A murky foreign intelligence service-connected “dossier” implying the Trump campaign interacted with Russian spies, flavored with some salacious details of golden showers, appeared, but was never shown to be valid and quickly faded from view.

    Hope shifted to the FBI, who allegedly had been conducting some form of old-school G-man style investigation since July 2016. The FBI would never confirm even the existence of such an investigation into Trump himself, but his firing Comey seems to have poisoned in the minds of Democrats any investigation that might exist. FBI Director James Comey, last seen by many Democrats as one of two individuals (Putin is the other, of course) who caused their candidate to lose to Trump in the first place, was reborn as Washington’s Last Honest Man.



    Enter the Special Prosecutor

    So with the FBI no longer trustworthy enough to help impeach Trump, enter a special prosecutor. Robert Mueller will impeach Trump.

    A special prosecutor is a lawyer appointed to investigate and possibly prosecute a specific potential wrongdoing for which a conflict of interest exists for the usual authority. So, Comey’s replacement, even though he would not be doing the prosecuting (and neither would have Comey) can’t be seen as independent enough to do the job. You need someone special.

    The people now strongly favoring a special prosecutor do have a few wires crossed. No matter who is in charge, the FBI only gathers evidence and does not determine whether a crime appears to have been committed. That decision rests with a prosecutor going to a Grand Jury, typically the Attorney General or someone below him in the Department of Justice. The desire of Democrats is a special prosecutor would do much more in this case, actually lead the FBI and others’ investigation. They would be “independent,” except that the system does not actually create a fully free-standing judicial system, and the special prosecutor in fact still reports to the Attorney General, the nation’s chief law enforcement official, in this case Jeff Sessions, who has himself recused himself from all matters Russia.

    That means a Special Prosecutor would instead report to Rod Rosenstein, the Deputy Attorney General who helped fire Comey, and a Trump appointee himself. Rosenstein is able to veto the special counsel on decisions he doesn’t agree with, as well as request explanations “for any investigative or prosecutorial step.” Rosenstein would also be able to fire the special prosecutor.



    A Congressional Commission

    So even a special prosecutor would be under the authority of a Trump appointee. So maybe what’s needed, one hears some muttering, is not the NSA, CIA, FBI or a special prosecutor, but a Congressional commission. A commission like the ones Congress created to investigate the Kennedy assassination, or 9/11.

    Unlike the NSA and CIA, who look for espionage and full-on treason, or the FBI and a (special) prosecutor who look for actual crimes, a Congressional commission can just… look. And that seems to be the whole point, to set in motion a process that will keep questions about Russia and Trump in the news through at least the 2018 midterm elections, maybe beyond, freed from the complexities of legal standards of guilt and innocence.

    In the words of one prominent proponent of such a commission:

    A special prosecutor… seeks crimes. The criminal law is a heavy tool, and for that reason it is thickly encased in protections for accused persons.

    A select committee of Congress or an independent commission of nonpartisan experts established by Congress can ask the broad question: What happened? A select committee or an independent commission can organize its inquiry according to priority, leaving the secondary and tertiary issues to the historians. A select committee or an independent commission is not barred from looking at events in earlier years statutes of limitations. A select committee or an independent commission seeks truth.

    This is an intelligence question with policy implications, not a prosecutorial question with legal implications. For example, if Russia preferred Trump because Putin liked Trump’s pro-Russia campaign policies — well, policies can be changed. But if Russia preferred Trump because Russian entities have some financial or other hold upon him — that’s something the country would need to know now, even if no crimes were involved.



    There is No Smoking Birth Certificate

    Trump has been a public figure for decades, his actions as a real estate developer documented and reviewed by his enemies, opponents, and creditors. America’s intelligence agencies have always monitored transactions with Russia, Trump’s and everyone else’s, in detail. The New York Times and the Washington Post haven’t seen Trump’s taxes, but the IRS has, for decades. So even though Congress hasn’t passed judgement on them, law enforcement has. Meanwhile, if the FBI wants to arrest Mike Flynn or any other Trump associate for espionage they can that today, or could have in November, and implying that has not or will not happen because Comey was or is not the director is nonsense.

    Unless or until something fully unexpected emerges, there is no “birth certificate.”

    Instead, Democrats, assisted by a media that appears to have stepped over the line from watchdog to abetting conspiracy, are trying to undo an election. Their efforts are unlikely to succeed, as they did not succeed with Obama, but if you think this process won’t be used again against whoever wins in 2020, well, you’re being foolish. The clumsiness of the Obama birth certificate conspiracy, is nothing compared to the approach being tried with Trump-Russia. We’ve moved in a few months from Jill Stein demanding crowd-funded vote recounts to leaks of intelligence intercepts used to get the sitting national security advisor fired.


    People are getting more skillful at the game, learning more about the tools available. Stirring up the crowd, creating a yearning, setting a precedent that there is no need to accept the results of an election. A new political weapon has been unsheathed. America is playing with fire.




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    Trump’s Bypasses Media via Twitter — Irrelevant!

    July 13, 2017 // 17 Comments »



    Donald Trump discovered the Holy Grail of media relations: the ability with a 140-character tweet to ignore the Fourth Estate. This is brass-knuckled political power that at a minimum pushes the press another circulation drop closer to irrelevancy.


    Journalists meanwhile mockingly treat Trump’s tweets as examples of his oafishness, just as they did his bombastic stump style.

    More inchoate Trumpsplaining. Sad!

    But as the media missed the populist appeal of Donald Trump right up until election night pushed it into their faces, so are they missing the popular power he is wielding over them via social media. This is no joke, except maybe on the journalists whose credibility is already a laughing matter.

    While Obama claimed the title of first “internet president” by virtue of his online fund-raising, brilliant datamining, and seeding of the 24-hour news cycle, the bulk of his efforts were essentially repurposing technology to do things politicians have always done, albeit faster and better.

    Trump discovered something bigger online: he doesn’t really need much from journalists. Social media for Trump is not simply a display board to pin policy statements on, as others use it. Social media allows Trump to bypass everything and speak to individual citizens, and then force the traditional media to amplify what he says as part of its thirst for “content.” There really isn’t any news anymore when Trump has it on Twitter as his own scoop.

    The media is playing defense!

    And if the media ignores the tweets thinking they can starve the troll? The audience that advertisers depend on can just go read the tweets themselves (Twitter accepts advertising, too.) In a period where the credibility of the press is already in the toilet after many journalists epically failed to accurately and fairly report on the election, many viewers may prefer to go to the source anyway. Exactly how much reach outside its bubble does the media think it really has anymore?

    Oh well, there’s still weather and sports to report.


    Every president who’s left a record expressed some level of disdain for the media of his day. But no president previously could afford to ignore, or truly anger, the press. Influence, of course: presidents would leak juicy stuff to one reporter, cut off another, but at the end of the day the media and the president needed each other to do their respective jobs.

    A president-elect once upon a time would have had to be careful chiding a columnist for the New York Times, for fear of the editorial page. Trump treats reporters with contempt because in his mind, all they really do of value is retweet him.

    Trump has also mastered the dark art of internet logic. His tweets often read like the “Comments” section of some blog. Make a bold, unsupported statement that may or may not be true, then demand challengers provide proof you’re wrong. Dispute sources, not facts – X can’t be true because it was reported by a pro-Democrat outlet. Attack ad hominem. Then stand back and disavow what happens, up to and including death threats. All that bruised ego guardians-of-the-people stuff from the pundits? Label it just another example of media arrogance and elitism.

    The president-elect has also understood the value of moving beyond talking points. Express things in #ShortForm. No policy paper ever went viral.

    Social media Trump-style also offers an unprecedented ability to control the agenda at will, without requiring a sympathetic editor to run a puff piece like in the good old days. Should a troublesome story appear, a handful of bombastic tweets changes the conversation on Trump’s schedule. Trump isn’t communicating, he’s dueling. All in real, real time; Trump is no stranger to sending out 140 characters of white noise at 3 a.m.


    With its reliance on friends, followers, and sharing, social media also creates a personal bond among Trump and individual Americans, something not really experienced since Franklin Delano Roosevelt’s Depression-era fireside chats. As those radio broadcasts brought Roosevelt into the living room, Trump’s tweets put his policies, opinions, and rants into the same feed as Aunt Sally. That creates intimacy, and by association (who doesn’t like Aunt Sally?), may increase trust.

    And make no mistake about it; unlike most politicians’ robo-social media, Trump’s tweets come from Trump. It’s him talking to you. People write back in the first person, using the informal language of the web, and Trump retweets messages (and famously, videos) from his followers. The medium is the message and both are Trump. No other politician today can pull this off; it has to be real, organic, to work.

    This is a powerful tool. It played a significant role in the election. It allows Trump to choose how, when, or if, he wants to engage with the traditional media. Who can make the argument (perhaps in 140 characters) that pulling back is in his interest?

       

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    S.O.S. — America Needs Our Help, Time to Get to Work

    May 12, 2017 // 52 Comments »



    We are tearing ourselves apart. If we do not stop we will destroy our nation. You wanted a crisis? You got one.

    A significant number of Americans believe Russia changed the course of our last presidential election. Some/Many believe Trump would not be president had it not been for Russia. Some believe Trump himself is under the control of Russian leader Vladimir Putin, either because Trump accepted cash payments, owes Putin for the electoral victory quid pro quo, is deeply in debt to someone in Russia, and/or is the subject of blackmail over a golden showers video.

    Meanwhile, many Americans believe members of Trump’s administration are basically in the same pot, run as one would run spies in a Cold War thriller. Other Americans are convinced in turns that Trump is mentally ill, and/or that his actions as president are designed solely around furthering his own business interests.

    No detail is too small, no action too insignificant to promote a new conspiracy theory. Things have gotten to the point where otherwise reasonable and intelligent people imagine a foreign diplomat staying a night or two at a Trump hotel, as opposed to the Hyatt or Hilton, sways policy over a couple of hundred bucks.

    And keep in mind most of what Americans “believe” about this election and Russia is based on little-to-no evidence, just rumors and leaks.

    All of this is, in many minds, also leading us without fail toward nuclear war, maybe with China, maybe Russia, maybe North Korea. Trump, they believe, will literally destroy the world, and we are thus literally living in The End of Days. People believe that Trump must be removed from office as a matter of both national survival and personal life or death.

    This has led to a large number of Americans hoping and wishing that something terrible will happen. Maybe an Emoluments Clause-based impeachment. Maybe a military coup. Perhaps evocation of the 25th Amendment where Mike Pence and the Cabinet conduct their own coup-let. Or jail; some investigation will lead to charges of treason and he’s off to Supermax. Or maybe someone in The Resistance will just shoot the Cheeto bastard.

    People, calm down. Just calm down.

    Donald Trump is president. I know you hate him, I really get that, especially all you 25-45 year old Ivy League educated east coast media people. Trump probably hates you, too. But calm down. This isn’t about you.

    What once were conspiracy theories barely worthy of a B movie script are now discussed as fact by serious academics and writers. Journalistic standards that once put a high price on building a story out of unnamed sources are thrown out the window. Declaiming the rough edges of politics as constitutional crises, and running Op-Eds every weekday announcing democracy is over or the Republic is in peril, none of that helps.

    Encouraging people to wish for, hope for, dream of, a real crisis, which is what a first-ever change of leadership via impeachment would be, is very dangerous. It is unclear how an America as well-armed and as divided culturally as we are now would handle that. It is not a test we would want to take.


    So here’s a better way.

    Some part of the U.S. government has been looking into what Russia did or did not do during our election heading into close to a year, maybe longer, now. America boasts of the most incredible electronic dragnet in human history — collect it all, says the NSA. If there are real examples of real collusion in our election (as opposed to rumors, greedy idiots lapping up consultant fees, and reams of unnamed sources leaking) it is time to lance the boil and let our nation deal with it.

    Chips fall where they may. But dragging this out, allowing anyone in Washington with the phone number of a journalist to get a story, however incredible or nonsensical, on the front pages, has to stop.

    See, we have real things to fix in America. Our healthcare system is a mess. Income inequality and racial issues are tearing us apart. We are at war, seemingly indefinitely, across the globe. We need help.

    Hillary lost, she is no longer on the game board. Bernie, Elizabeth Warren, whoever, they’ll get a chance, but not for four more years. You cannot impeach a president for incompetence or stupidity. There is no do-over for the 2016 election, there is just us now.

    Trump is president and if for some reason during the next four years not him, then Mike Pence. That’s what we’ve got to work with, no more and no less. Please let one of them get to work.




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    Moving Forward to 2018? The Danger of Undead Hillary

    May 10, 2017 // 23 Comments »




    I’m wondering how successful the Democratic meme of “Trump voters, now you’ll get what you deserve” will be.

    Media regularly now run stories “telling” Trump voters how bad their decision was. Many outlets unlikely to be read by Trump voters produce elaborate charts and expert commentary about how whatever Trump is doing with taxes or the economy will negatively affect voters in Red states the most. The implication is hah, hah, suckers, you voted for more jobs and you’ll get nothing! Tag-on articles also include dubious surveys showing vast numbers of Trump voters agree with statements like “Even though Trump policies will definitely kill my mother in front of my eyes, I’d still vote for him.” That’s a two-fer: you were dumb to vote for him once, Cletus, and you still won’t admit how freaking dumb you are.

    The highbrow version of those nasty little stories is the literal glee of too many progressives over how poorly Republican health care plans will work out. Following their defeat in the House over so-called “Trumpcare,” Democrats as one pivoted to saying their loss was their gain, as Americans will suffer and maybe even die as a result of the new rules, and finally realize how wrong they were to vote Republican.

    So a serious question: do party leaders really think this will translate into votes for Democratic candidates in a few years? That badgering people to admit they were wrong is a good tactic (we all know how much anyone likes to admit they were wrong)? That mocking voters for their 2016 choice will bring them to your side in 2018? That hoping enough suffer under even worse health care policy to vote for the party that stood by chortling and watched it happen?


    Alongside this very odd strategy of gain through others’ pain is the issue of Undead Hillary. The two are connected.

    The standard for a losing candidate is to quietly go away. Mike Dukakis (Remember him? No? That’s my point) is the perfect example. For those losers who don’t want to simply write a memoir and fade away playing golf, they can also respectfully reemerge after some time has passed as an elder statesman (Walter Mondale) or as a specific issue spokesperson quietly tolerated at the sidelines of the moving-on-now party (Al Gore and climate change.)

    The problem for Democrats is that Hillary Clinton is not yet convinced, nor are many of her supporters, that she really lost the election. They act in some ways as if the campaign is still ongoing.

    By basically continuing to run a version of the same full-on negative strategy they did in 2016 (Trump is dangerous, evil, stupid, a threat, Putin c*ck holster), there seems to be this poorly-formed notion that somehow Trump will disappear (Emoluments Clause, impeachment for something, whatever) and that it will then be Clinton, not Pence, waking up the next morning in the White House.



    In other words, until the Democrats can stand up as a party and say “We lost. There were a variety of factors but at least some sizable part of the electorate wanted what Trump offered and did not want what we offered” they will continue to push Undead Hillary forward as if she and her negative campaign still represent a hope back into power.

    Until then, no alternatives. No new ideas. No positivity. Indeed, a near-ghoulish sense of “Well, America, you didn’t chose our Clinton so enjoy life in hell as a penalty” pervades. It seems a very unconvincing way forward for a party that currently controls no part of government.




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    Hamilton Says: Trump’s State Department is an Agency Without Agency

    May 2, 2017 // 11 Comments »



    It hasn’t been a good 100 days for the U.S. Department of State. Like the musical Hamilton’s orphaned title character, called out in song for being a “Founding Father without a father,” State is now something of an agency without agency.


    Not much of substance seems to be happening at Foggy Bottom. America’s top-level foreign policy tasks remain, but someone else – Jared Kushner? H.R. McMaster? – is tending to many of them. The bad news includes President Donald Trump’s hope of slashing State’s budget, with no sign of objection from Secretary of State Rex Tillerson. Half the positions in the agency’s organizational chart are vacant or occupied by acting officials.

    There is some good news in what isn’t happening. The predicted exodus of staff never came to be. In fact, only one State official publicly resigned, and that was in protest of Trump’s anticipated gutting of the Constitution, which also hasn’t happened. January’s stories of senior management quitting en masse turned out to be a handful of Hillary Clinton-era loyalists nudged into retirement.

    Meanwhile, press briefings resumed, and a ruffle over not bringing pool reporters on Tillerson’s official aircraft for a visit to Asia was tidied up on the next trip. Media interest outside State and staff attention inside State to a leaked dissent memo opposing Trump’s so-called Muslim Ban 1.0 fizzled away.


    Outside the office, despite 100 days of near-apocalyptic predictions, America has not gone to war with China, Russia, Iran or North Korea. It has not formally backed away from NATO, the Paris climate accords or the Iranian nuclear deal. Tillerson has started to do some Secretary of State-ish representational things, joining Trump and Chinese Premier Xi Jinping at their Mar-a-Lago summit, making prepared remarks, and attending international meetings, most notably with Russian President Vladimir Putin on April 12.

    But neither Trump nor Tillerson has articulated much of any foreign policy vision. Overall, despite limited military action in Syria and Afghanistan, Trump’s first 100 days have been largely a foreign policy of stasis, with the State Department and its leader largely bystanders to even that.


    And that’s the problem. Looking forward, the real issue at State is not dealing with the changes of the Trump era, it is that things at the State Department have not changed much at all.

    Former colleagues (I worked 24 years at State as a diplomat) say they still spend time in meetings like a forgotten cargo cult, worried about furniture for a new ambassador who hasn’t yet arrived. Memos and cables and briefing books and think pieces and reports and foreign press commentaries and official-informal emails are laboriously prepared, rewritten, cleared and then transmitted to be summarized and filed. The atmosphere can remind a person of an elderly widow who still lays a tablecloth and sets out the good china, even though no guests have stopped by for many years.

    This is not unexpected – State is an extremely vertically-oriented bureaucracy, with layers below the Secretary that wait for bits of policy to fall so as to inform them of what their own opinions are. One academic referred to this as “neckless government,” a head and a body missing an active, two-way, connection. State is indeed so vertical in mindset that employees have traditionally referred to the Secretary by their location on the physical top of the building, the Seventh Floor, as in “The Seventh Floor needs that memo sent up or trouble will come down.”

    This wait-for-the-boss-to-speak-first mindset applies all the way to the bottom of the org chart. Acting officials are loath to initiate new programs or bring on new staff, preferring to passively hold down the fort until their new political-appointee boss arrives. Same for the bureaucracy below those in “acting” positions, until you have an organization of some 70,000 people waiting for someone else to make the first move. One diplomat explained the early weeks of no press briefings at State were particularly troublesome, since they’re vital for U.S. officials abroad, who listen in for cues on shifts in policy happening inside their own organization.


    When the expected prime mover is a secretary of state who appears to lack initiative, the agency has no sense of urgency. The idea promoted by some in the media that Tillerson is a general with a dwindling number of troops to lead seems to have it backwards.



    So what to expect during Trump’s second 100 days?

    If Tillerson remains a mostly passive head of State, there exists room for those below him to fill some of the void in foreign policy niches, perhaps by pushing forward issues Tillerson may wish to embrace, or by taking the lead on the inevitable restructuring budget cuts will compel, instead of sitting around the cafeteria.

    What State’s diplomats and civil servants need to try is laid out in the opening lyrics of Hamilton: “The ten-dollar Founding Father without a father got a lot farther by working a lot harder, by being a lot smarter, by being a self-starter…”

    A lesson for State? It may be worth a try, because absent those efforts by Alexander Hamilton, it could have been Aaron Burr today on the ten dollar bill.



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    Flashback! Questions from the Last Time America was Supposed to “Take Out” Assad

    April 25, 2017 // 5 Comments »

    assad
    History is a funny thing, because we forget it so easily, and so quickly. That forgetting is usually based on the political needs of the moment, and politicians and the media count on us being that way so they can manipulate us. Works nearly every time, too.

    One of the latest versions of this is the media meme that the Syrian quagmire is kinda new-ish, and that the most recent American spurt of 59 cruise missiles into that country represents something, maybe an escalation, maybe a change of policy, maybe some domestic political thingie. To help disprove all that, here’s an article I wrote about a year ago.

    Let’s see how that holds up in hindsight.

     

    Quick Summary:

    Despite over 400,000 dead and ongoing ground and air campaigns inside the country by the U.S., Russia and several others, 51 U.S. diplomats in 2016 publicly demanded the Obama administration launch strikes directly against Bashir Assad in Syria.

    The Assad family has ruled Syria since the 1970s with an iron hand, employing secret police and other standard dictator tricks to suppress dissent. Things got so cozy between Syria and the U.S. that in the early days of the war on terror the CIA was sending “suspects” to Syria for some outsourced torture, as nobody can run a secret prison better than Arabs.

    Papa Assad passed away and his son Bashir assumed the presidency in 2000. Some ten years later Assad did the same thing most Arab dictators did, including U.S. allies like Egypt, and ordered crackdowns on Arab Spring protesters. The U.S. then decided in an on-again, off-again fashion to “remove” Assad. When no one in the U.S. really liked the sound of that following the disastrous failed regime changes in Iraq, Libya and Yemen, the U.S. attacked Syria anyway in the name of smiting Islamic State [ISIS]. Assad, whatever else he is, is also at war with ISIS. Some 400,000 Syrians have died so far in the civil war.

    And there’s a photo above of Secretary of State and Bashir Assad hanging out in better days. Times change, man.



    A Memo

    With that as background, 51 mid-level American diplomats took the brave stand of writing a memo (technically known as using the State Department dissent channel.) The memo was promptly leaked to the press [Note this was in mid-2016].

    Oh, a memo calling for more war written by people who wear suits and ties to work (technically known as chickenhawks.)

    The memo says American policy has been “overwhelmed” by the unrelenting violence in Syria. It calls for “a judicious use of standoff and air weapons, which would undergird and drive a more focused and hard-nosed U.S.-led diplomatic process.”



    Regime Change

    Robert Ford, former ambassador to Syria, said, “Many people working on Syria for the State Department have long urged a tougher policy with the Assad government as a means of facilitating arrival at a negotiated political deal to set up a new Syrian government.”

    Regime change. Bloody change, as it seems odd to imagine Assad would negotiate his own ouster.



    What the Memo Left Out

    The dissent memo makes no suggestions, actually no mention at all, about who would succeed Assad, or how this regime change would be any different than the failed tries in Iraq, Libya or Yemen, or how ISIS, who also seeks the end of the Assad regime through violence, would not be further empowered, or how the U.S. would get away with airstrikes given the overt Russian support for the Assad regime. Everyone except for those brave memo-ists has seen this movie before.

    Also missing from the memo are any notes on what if any military service the 51 signatories have amongst them, or why this call for more blood comes from the State Department and not from the military, whose commanders have raised questions about what would happen in the event that Assad was forced from power. Their questions are likely motivated by the fact that they would be asked to risk their lives to clean the mess.

    Finally, no one seems to remember anymore why “we” need to “take out” Assad. He is no doubt a terrible person who kills to protect his power. But leaders like that are not in short supply across the Middle East, in Africa, in North Korea. It seems a more specific rationale, tied directly to some clear U.S. strategic interest, is needed (remember, Assad is fighting ISIS and has never sought to export terror to the U.S.) Assad also enjoys support inside his country by some minority, who will not go away quietly if he is changed out. See what happened to the Baathists in Iraq, who organized some of the first resistance to the U.S., and went on to help staff up ISIS.

    History sure is funny. It also bites hard, especially when you ignore its lessons.

     

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    Tell Us Why We’re At War, President Trump

    April 24, 2017 // 30 Comments »



    People speak of Afghanistan as “our generation’s” Vietnam, a quagmire, a war that goes on simply because it has been going on.


    The Afghan war is dragging into being our generation’s, and soon the next generation’s Vietnam as well, over a decade and a half old. There are troops deploying now that were two years old when the conflict started. There are fathers and sons deploying together. Bin Laden’s been dead for years.

    With a slight break, the current war in Iraq has been ongoing for some 14 years. If you want to think of it in a longer view, Trump is now the fifth consecutive president to make war on that country. Saddam’s been dead for years.

    And though of more recent vintage, the war in Syria appears both open-ended in duration and ramping up in U.S. involvement. If Assad died tomorrow, the war would likely only intensify, as the multiple parties in the fight vie to take over after him.

    The reason we’re fighting all of these places and more can’t still be “terrorism,” can it? That has sort of been the reason for the past 16 years so you’d think we would have settled that. Regime change? A lot of that has also happened, without much end game, and nobody seems to know if that does or ever did apply in Syria to begin with. America can’t be under threat after all these years, right? I mean, world’s most powerful military and all that.


    So maybe it’s time for the current president to tell us why we’re still fighting in all of these wars. Because previous presidents’ track records on explaining to the ever-bloodthirsty American public why we are fighting is poor. Perhaps history has a lesson for us?


    — When I was a kid, successive presidents told us we had to fight in Vietnam, Cambodia and Laos, because if we didn’t fight them over there, we’d have to fight them on the beaches of California. We believed. It was a lie.

    — I was a teenager during the Cold War, several presidents told us we needed to create massive stockpiles of nuclear weapons, garrison the world, maybe invade Cuba, fight covert wars and use the CIA to overthrow democratically elected governments and replace them with dictators, or the Russians would destroy us. We believed. It was a lie.

    — When I was in college our president told us that we needed to fight in El Salvador, Guatemala, Honduras and Nicaragua or the Sandinistas would come to the United States. He told us Managua was closer to Washington DC than LA was. He told us we needed to fight in Lebanon, Grenada and Libya to protect ourselves. We believed. It was a lie.

    — When I was a little older our president told us how evil Saddam Hussein was, how his soldiers bayoneted babies in Kuwait. He told us Saddam was a threat to America. He told us we needed to invade Panama to oust a dictator to protect America. We believed. It was a lie.

    — Another president told us we had to fight terrorists in Somalia, as well as bomb Iraq, to protect ourselves. We believed. It was a lie.

    — The one after him told us that because a bunch of Saudis from a group loosely tied to Afghanistan attacked us on 9/11, we needed to occupy that country and destroy the Taliban, who had not attacked us. The Taliban are still there 15 years later, ISIS now too, and so is the American military. We believed. It was a lie.

    — After that the same President told us Saddam Hussein threatened every one of our children with weapons of mass destruction, that the smoking gun would be a mushroom cloud, that Saddam was in league with al Qaeda. We believed. It was a lie.

    — In 2011 the president and his secretary of state told us we needed regime change in Libya, to protect us from an evil dictator. We believed. It was a lie.

    — In August 2014 the same president told us we needed to intervene again in Iraq, on a humanitarian mission to save the Yazidis. No boots on the ground, a simple, limited act only the United States could conduct, and then we’d leave. We believed. It was a lie.

    — That same president later told us Americans will need to fight and die in Syria. He says this is necessary to protect us, because if we do not defeat Islamic State over there, they will come here, to what we now call without shame or irony The Homeland. We believed. It was a lie.


    So with a new guy in the White House, maybe it’s time to renew the question. Perhaps the media can take a day off from what borders on sexual pleasure gushing over the latest super bomb and ask the president a few simple questions: why are we fighting, what is the goal, when will we get there? Someone should have asked a long time ago, but since no one did, this is as good a time as any.




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    The White House Easter Egg Roll, Alongside the Republic, is in Peril!!!!!!

    April 12, 2017 // 10 Comments »



    The Two Minutes Hate was a daily event in which the proles in George Orwell’s 1984 watched a movie of the Party’s enemies and screamed out their hatred for exactly two minutes. Orwell wrote:

    A hideous ecstasy of fear and vindictiveness, a desire to kill, to torture, to smash faces in with a sledge hammer, seemed to flow through the whole group of people like an electric current, turning one even against one’s will into a grimacing, screaming lunatic. And yet the rage that one felt was an abstract, undirected emotion which could be switched from one object to another like the flame of a blowlamp.

    That seems to be what’s happening with our media, especially outlets like the New York Times, who are stuck in a loop of denial some six months after the election. Each day it seems they find fellow party members something Trump to direct their hate at.


    Enter a lengthy story on… how the annual Easter Egg Roll on the White House lawn appears to be teetering on the edge of failure, along with the Republic (see, it’s a metaphor.)

    It seems that (and watch the dates) back in February the company that makes the wooden eggs for the egg roll tweeted at the White House to put in an order, Twitter apparently the only communication tool left functional in the DC area. The White House indeed put in an order in early March. The free tickets given away are late, and only one Sesame Street character will be there.

    That’s it. That’s really the entire story.


    Well, not really, according to the Times. See, it turns out this Egg Roll is way more important than a nice thing for selected kids to enjoy. Per the NYT:

    Could this White House, plagued by slow hiring and lacking an on-site first lady, manage to pull off the largest, most elaborate and most heavily scrutinized public event of the year?

    “It’s the single most high-profile event that takes place at the White House each year, and the White House and the first lady are judged on how well they put it on,” said Melinda Bates, who organized eight years of Easter Egg Rolls as director of the White House Visitors Office under President Bill Clinton. “I’m really concerned for the Trump people, because they have failed to fill some really vital posts, and this thing is all hands on deck.”

    I had no idea it was the Easter Egg Roll, not any of those state dinners or VIP visits, that was the highest profile event of the year. I also did not know that someone out there judges the president and first lady on how the Egg Roll comes off. I also never heard the phrase “on-site first lady” used as if she was some sort of hotel amenity.

    It gets worse. There are other issues. The Times tells us the event may even include “military bands in place of A-list entertainers like Justin Bieber.” In addition, it does not appear the Yoga Garden from all eight of the Obamas’ Easter Egg Rolls will be around this year either.



    How does the Times know this kind of critical information so as to carry out its First Amendment responsibilities? From sources, who “spoke on the condition of anonymity because they were not authorized to describe the plans for the Easter Egg Roll.”

    For the love of God, the venerable New York Times is now justifying the use of anonymous sources to report on plans for the White House Easter Egg Roll. The reporters who risked their freedom to report on the Pentagon Papers sit in silent judgement on you all.


    I’ve been reading the news for some 50 years, through Johnson and the Vietnam war, Nixon and Watergate, the Reagan era, Clinton-Lewinsky, the Bushes, and Obama. There has never been a time when so-called legitimate journalism trafficked in silliness, open mockery, name calling, and simple character slagging as a matter of daily news.

    The Easter Egg Roll is not an important thing. America faces new war in the Middle East (plenty of old war, too) and challenges across the globe. The Secretary of State is in Moscow. There are real things going on, but Americans seem far more concerned about how much a golf trip to Florida costs (as if most of security is not a fixed cost that happens with every president — remember the Bush and Reagan ranches, the elder Bush’s weekends in Kennebunkport?) than anything that matters past a few news cycles.

    A prediction: the Easter Egg Roll will take place as scheduled on Monday. It’ll be OK. Kids will have fun. There really isn’t a story here. Well, maybe a story about how far the standards have journalism have fallen as America recovers from its national stroke post-November, but nothing about Easter eggs.




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    Does it Matter Who Pulls the Trigger in the Drone Wars?

    April 3, 2017 // 28 Comments »



    We’re allowing a mindset of “anything Trump does is wrong” coupled with lightening-speed historical revisionism for the Obama era to sustain the same mistakes in the war on terror that have fueled Islamic terrorism for the past 15 years. However, there may be a window of opportunity to turn the anti-Trump rhetoric into a review of the failed policies of the last decade and a half.

    A recent example of “anything Trump does is wrong” has to do with his changing the rules for drone kill decision making. In May 2013 President Obama self-imposed a dual-standard (known as the “playbook”) for remote killing. The White House, including Obama himself reviewing a kill list at regular meetings, would decide which individuals outside of the “traditional war zones” of Iraq and Afghanistan would be targeted.

    Meanwhile, in America’s post-9/11 traditional war zones, military commanders then made, and now make, the kill decisions without civilian review, with the threshold for “acceptable civilian casualties” supposedly less strict. Of course the idea that any of this functions under “rules” is based on the bedrock fallacy that anything militarily done by the last three presidents has been legal under the never-updated 2001 authorization for war in Afghanistan. For perspective, remember Islamic State never existed, and Iraq, Libya, Syria, and Yemen had stable governments at the time Congress passed that authorization.

    In sum: since 2013 the military can kill from the air at will inside Iraq and Afghanistan (the status of Syria is unclear), as well as other areas designated unilaterally by the U.S. government as “traditional,” with allowances for less regard for the collateral damage of innocents slaughtered. It is the president himself who plays judge, jury, and executioner across the rest of the globe, including in several acknowledged cases, ordering the deaths of American citizens without due process.

    Supporters of this policy set refer to the president’s role as oversight. And because the president is supposed to make his decisions with more regard than the military for civilian deaths (though there are no statistics to support that has been the outcome), the process represented, in the words of the New York Times, “restraint.”

    Now there has been a change. Trump in mid-March granted a Pentagon request to designate certain areas of Yemen as “areas of active hostilities.” Trump is expected to approve the same new policy for parts of Somalia. That would shift more decision making for drone strikes from the Oval Office to the Pentagon.

    The issue being raised by Trump’s opponents some is that the new policy will kill more civilians as it will be carried out by an unfettered military instead of a “restrained” executive, and that those deaths will lead to more radicalization of more Muslims, which will impede America’s strategic progress toward, it’s unclear, maybe a world without radicalized Muslims.

    Such twisted logic is based on an almost insta-nostalgia that ignores President Obama approved 540 drone strikes killing 3,797 people in non-traditional war zones. No one knows how many of those bodies were civilian, although for the record the U.S. says it was precisely 324. The analytically conservative Council on Foreign Relations, however, assesses drone strikes outside of Iraq and Afghanistan killed 3,674 civilians as of 2014.

    Those body counts do not include fatalities in Iraq and Afghanistan, and do not include any unacknowledged strikes elsewhere globally (stories persist, confirmed to me by a former U.S. Special Forces operator, of drone kills in the Philippines, for example.)

    Bottom line: There are already a lot of bodies out there under a policy of “restraint.”

    It is important to note Trump’s change in policy focuses only on who makes the decision to pull the trigger in places already under American attack, him or generals in the Pentagon. The killing itself is ongoing, seamless, and happening today as it happened six months ago (in fact, civilian casualties rose during the last months of the Obama administration, suggesting changes in U.S. rules of engagement predate Trump.) It is unlikely the people on the ground know or care which official in Washington decided to blow away a vehicle with their brother in it. The idea that it matters a whit in terms of radicalization whether the thumbs up or down is rendered by Trump, Obama, or a general would be comical if it was not horrible.

    An odd sense that all this killing globally is something new and damaging to America was captured in a letter some three dozen former members of America’s national security establishment (including Bush and Obama-era staff) to Secretary of Defense Jim Mattis stating “even small numbers of unintentional civilian deaths or injuries — whether or not legally permitted — can cause significant strategic setbacks,” increasing violence from militant groups and prompting others to reduce collaboration with the United States. The letter claims that pre-Trump, public confidence and belief in legitimacy were important facets of U.S. policy.

    Even the American Civil Liberties Union appeared to wake from a long slumber, claiming with Trump’s decision to slide sideways the kill decision, “the limits of war as we know it could virtually dissolve. At stake is no less than the global legal framework that protects life and preserves international peace and security.”

    At that point one must sit back and ask: Seriously? Who besides presidents Obama and Trump has endorsed that framework and under what set of laws is it legal?

    Are the signatories unaware of the attacks on hospitals, the wedding parties in Afghanistan and elsewhere blown to pink mist by Hellfire missiles? Civilian casualties overall in America’s 2003-2011 Iraq War alone were anywhere from 140,000 dead to upwards of 500,000, many by artillery, cluster munitions, and depleted uranium, indiscriminate weapons unique to American forces.

    As with the recent Navy SEAL raid in Yemen that took civilian lives, the new-found interest by the media and many Democrats in the costs of American war abroad is welcome. If it took the election of Trump to alert Americans what horrors are being done in their names, then that election has already served some larger purpose.

    But the next step is the critical one — can the new found revulsion for civilian deaths drive action to stop them or will nostalgia for the “good killings” under the previous administration block focus on ending the 15 year cycle of violence and revenge that has set the Middle East, Africa, and parts of Asia on fire? Will we simply again settle on a domestically palpable process of killing under Trump as we did under Bush and Obama?

    No matter who pulls the trigger — Bush, Obama or Trump — civilian deaths are not accidental, but a policy of preventable accident. The new drone rules under Trump are simply another example.



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    Putin Paranoia

    March 31, 2017 // 42 Comments »



    Things about America we’ve learned since November.


    Our nation, the republic, democracy, our very system of government is more fragile than at any other time in American history. So fragile that everything has, or is in near-immediate danger of, collapsing, after only a two month jog from near-perfect to the edge of dystopia.

    The cause of this is Vladimir Putin, who is an evil genius, spymaster, mastermind, brilliant, super criminal, chessmaster, but also a thug and dictator.


    Only a few months ago, stuff like this lurked in the dank corners of the Internet, usually web sites that were designed in the 1990s, or on late night talk radio, or on six hour YouTube video rants. These were the same sources who found the Illuminati, Mossad, childhood vaccines, and chemtrails responsible for the impending end of our nation. We called this stuff conspiracy theories and if rational people mentioned them at all, it was as a punchline, with a shake of the head and a muttered “How can people believe this crap?”

    Good times. But they are over.

    We now live in a media world where what used to be crazy is now mainstream. Today’s example is from Salon, with a piece subtitled “The Soviet Union never attacked America as blatantly as Putin has — and we’re in danger of losing democracy.”

    The article gets right to it, announcing this is

    …the first time in modern history in which Russia has directly attacked the United States — on American soil no less, and precision-aimed at what matters most: the very integrity of our democratic process.”

    How was this done? By hacking our election, hacking being a word that no longer means anything but something something computers I don’t really understand but it’s bad. Like when your mom calls you up and says her laptop was hacked because it lost the wifi link to the printer (just restart it, mom…)

    Anyway, how was this hacking done? Social media. Russia ‘bots. Fake news. RT.com which no one watches. The upshot according to Salon? Millions of Americans

    …were manipulated into acting as unwitting foot soldiers for Vladimir Putin’s invasion… Americans were suckered by and acted in accordance with Putin’s plot… [because] Americans are deeply vulnerable to digital manipulation and weaponized social media hoaxes.

    More about how stupid our nation is in the face of Putin’s brilliance? Here you go, same article:

    The blind acceptance of Russian propaganda, because it happened to include “facts” that some of us were starved to read, is what turned otherwise decent though gullible Americans into Putin’s infantry, virally blitzing the Kremlin’s message through the trenches of the political internet, attacking and converting more voters with zombie lies. Trench by trench, Facebook group by Facebook group, Americans executed Putin’s attacks for him.

    And then oh-my-God things really start to fall into place to somehow explain Hillary Clinton’s inexplicable loss:

    The hacking of the DNC and Podesta aside, the effort to trick Americans into being recruited as Russian cyber-soldiers began by turning Democrats who supported Bernie Sanders against the predicted front-runner, Hillary Clinton. Using “bots” and human resources, Putin lobbed fake news and ridiculous conspiracy theories into social media. Voters who were predisposed to distrust Clinton willingly shared these stories, poisoning everyone who inexplicably wanted to be poisoned.

    Knowing what we know now, it’s no longer a stretch to report that Trump was placed in office by Putin. But it only happened because millions of Americans unknowingly volunteered to serve as enemy combatants, undermining and betraying their own country.

    So there it is, laid out in black and white: Americans were duped by Putin into destroying our own democracy by exercising our right to vote in a way Salon doesn’t like. Basically, our precious bodily fluids are at grave risk. Brilliant, evil, but brilliant.

    BONUS: So in summary, some substantial number of Americans clearly and truly believe Putin engineered the results of our last election, not by manipulating actual ballot counts, but via influencing social media in a way that influenced some 50% of Americans to vote a certain way. And that the entire universe of factors that went into the election (advertising, endorsements, emails, you choose) did not have as significant an effect as Facebook and RT. And that as a result, the President of the United States is under the direct and immediate control of Putin and has and will continue to purposefully act against the interests of the U.S.

    Seriously, that is some whack paranoid sh*t right there.




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    Quick Update, End-of-the-World

    March 29, 2017 // 36 Comments »



    Well, just checking in from my bunker. After taking inventory of my canned goods and ammunition, I thought I’d look into how some of the media’s predictions have been playing out over the first weeks of the new administration.

    — No nuclear wars.

    — No wars with China, Russia, Iran or North Korea. Same wars Obama started or escalated still going strong.

    — No diplomatic breakdown because of Taiwan. No change in U.S. “Two China Policy.”

    — No new wars anywhere.

    — NATO and alliances with Australia, Japan, etc. still intact.

    — No mass resignations among government employees. CIA, NSA, and State Department still open for business.

    — No coups.

    — 1st Amendment, and others, still in place.

    — No impeachment, no invocation of Emoluments Clause, 25th Amendment, formal charges of treason.

    — Congress has approved Cabinet nominees.

    — No roundups of POC, women, journalists, LGBTQ, deportations are still below Obama-era headcount of 2.5 million deported, highest under any presidency.

    — Stock market did not crash.

    — No psychological break down by Trump leading to anarchy, war, etc.

    — No signs of capitulation to Putin.

    — U.S. justice system and courts still open and functioning.



    I will keep an eye on all this, and update as necessary.

    BONUS: I don’t like Trump. This post is a criticism of his critics and the media for all their idiot fear-mongering.

    BONUS BONUS: Someone will respond “Yes, but it’s only been _____ weeks, so you never know.” This is true because no one knows the future, but it is also irrelevant because I am writing about what has already (not) happened.




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    Sexism is OK (As Long as it’s Aimed at Melania, Apparently)

    March 27, 2017 // 16 Comments »


    She doesn’t sleep with him. They have separate beds, according to one anonymous source. And him?



    He has had a lot of women, some public and much, much younger, some only rumored about (but we know.) One of the most talked-about involved him, an older, powerful man, bedding a younger woman infatuated with him, and likely controlled by him.

    And it’s apparently OK to talk about all this, and shame the dutiful wife, even by feminists. At least as long as it is about Melania Trump, and not, for heaven’s sake, about that other White House power “couple.”

    Christina Cauterucci, writing in left-of-center Slate, headlines the anonymous-sourced based news that Donald and Melania sleep in separate beds. See, that implies they don’t… you know… have sex.

    Now normally a) where people sleep is not news in any way; b) where people sleep is their private business and c) a woman in 2017 should not be shamed or commented on in the media for whatever choices she makes regarding her married life, and certainly not for her (implied and unconfirmed) choices regarding sex. What is it, 1950 at Slate?

    It apparently is 1950. Because writer Cauterucci says all that shaming is actually OK, because it’s Trump. She writes:

    …with this particular president, [it] does matter. Trump used a big-powerful-rich-daddy persona to win the presidency, and he painted that persona with the help of the ever-younger string of women he’s married and claimed to sleep with. All three of his marriages generated press “leaks” that suggested Trump was great at sex and had a lot of it with his respective wives, sometimes multiple times a day. The implication to anyone with eyes is that a past-his-prime man uses money and power to get sex and arm candy service from traditionally beautiful women. The report turns that implication on its head.

    Um, OK?

    But I really don’t get any of this. If one assumes all those pejorative statements about Trump are true, why does his sleeping arrangement with his spouse matter in any way? Is the writer, what, reverse slut-shaming Trump, maybe stud-shaming, mocking him for not be the swordsman she feels he’s claimed he is and that matters somehow? Is the point of mocking Trump and his wife to suggest he is not a stallion and, what next, should be impeached?

    No, no, here’s the point buried near the end of the piece:

    Trump’s marriage is not, like the Obamas’, a seeming match of life partners who fully respect one another’s intellects… Trump’s ignorance on policy and other issues of national importance is a point of pride for him, but when someone threatens his manly-man persona in public, it hurts.


    BONUS: The same article gets in a few sex digs on Pence, too. Here you go:

    An unofficial study of my personal opinions reveals that 100 percent of hetero couples who call one another “mother” and “father,” as Mike Pence and his wife do, sleep in separate twin beds with the sheets firmly tucked in on all sides, in formal pajamas and nightcaps, crucifix affixed on the wall where it can be seen from any potential sexual vantage point.

    Bada bing, Sexy time!




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    Is Tillerson Skipping NATO for Russia a Crisis? (No.)

    March 23, 2017 // 41 Comments »


    Is Tillerson committing treason skipping a NATO meeting for Russia? A diplomatic crisis? The end of the alliance? A favor to Putin? No. It’s just a scheduling decision.

    Senior government leaders are often called on to be in more than one place at a time. They make choices. Not everyone agrees with those choices. Sometimes deputies go instead. This happens to every country; the more global a nation’s interests, the more it happens. None of this is new.

    Yet a decision to have Secretary of State Rex Tillerson attend a meeting between President Trump (Tillerson’s boss) and Chinese President Xi rather than a NATO ministers gathering (i.e., Tillerson’s peers) in early April has been blown up into yet another end-of-the-world scenario. The fact that Tillerson will attend an event in Russia weeks later was somehow thrown into the mix and the resulting cake was pronounced proof that the U.S.-NATO relationship is in tatters.

    It is fully reasonable to debate which event, meeting with Xi or NATO, is the best use of Tillerson. It’s just not a hard debate to resolve.

    “Skipping the NATO meeting and visiting Moscow could risk feeding a perception that Trump may be putting U.S. dealings with big powers first, while leaving waiting those smaller nations that depend on Washington for security,” two former U.S. officials said.

    Bigger stuff over smaller stuff, who could imagine?

    Despite much rhetoric, NATO has been a stable, predictable relationship for the United States over decades. Tillerson, and the U.S., will be represented at the April event by the familiar (he’s worked for State since 1984) and competent Deputy Secretary of State Thomas Shannon. Tillerson may be skipping the event; the United States is not. And FYI, Colin Powell skipped the same meeting once as Secretary of State.

    Meanwhile, Trump is set to attend a NATO summit in Brussels in May. Tillerson met his NATO counterparts at an anti-ISIS conference on March 22. State is proposing other dates for NATO’s foreign ministers to gather. State Department spokesperson Mark Toner stated in the midst of all this “the United States remains 100 percent committed” to the alliance.

    NATO is covered.

    China meanwhile is dead center on action. China will play a significant role in anything to do with North Korea. China and U.S. allies Japan and South Korea face continued friction in the South China Sea, with the U.S. involved as well. China is one of America’s most significant trading partners, and holds considerable U.S. Treasury debt. Weigh all that against sending a signal to NATO about a problem in the alliance that sort of doesn’t even exist outside the self-created media spectacle.

    And the same people criticizing Tillerson for attending the meeting between Trump and Xi have only recently criticized Tillerson for not attending meetings between Trump and other world leaders.

    Problems with Tillerson’s plan to go to Russia weeks after the missed NATO meeting are just conflation. Tillerson will be doing all sorts of things following the NATO meeting and simply throwing Russia into this NATO story is pure sensationalism, a desperate attempt to get the news hook of the moment, Putin, into the headlines and imply more diplomatic naughtiness on the part of Trump.

    Much of the can’t-win-either-way positions taken on Tillerson flow from two interlocking issues.

    The first is the trope that basically anything the Trump administration does is wrong, dangerous, and reckless. Politico comes out with it, saying “Two months and a string of eyebrow-raising decisions later, people in and outside the State Department wonder if there’s any tradition Tillerson thinks is worth keeping.” Suggest negotiations and you’re too soft. Rattle the saber and you’re tempting Armageddon.

    The second is Tillerson’s disdain for the media. The media as a rule is nothing but self-righteous and jealous, ready to wave the flag, wrap themselves in it, then throw themselves writhing to the ground claiming they alone stand between The People (who no longer trust them) and the abyss. Tillerson didn’t take a press pool with him to Asia, and this set of the latest round. Left out of course is that the press could and did travel commercially to Asia longside Tillerson and missed out only on the possibility of some back-of-the-official-plane leaking.

    This will become a self-licking ice cream cone, as 24/7 press criticism of Tillerson makes him even less likely to engage with a press that will seize on his comments to criticize him further.

    It is also deeply amusing to watch the press decry the lack of official State Department briefings that they for years criticized as being content free and little more than propaganda. It reminds of an old joke — Q: How was the food on your vacation? A: Terrible! And such small portions!

     

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    You Can Be a Journalist, Too, Just Calling Names Like 7th Graders

    March 19, 2017 // 18 Comments »



    The New York Times employs a columnist named Charles Blow (above). Blow writes the same column twice a week, about 800 words of simple name calling directed at Trump. That’s what his job is. He gets paid a lot of money for something that must take him about 15 minutes to type up. It is an amazing world we’ve entered since November.


    Let’s have fun looking at the journalistic insights that are Charles Blow’s job. Everything that follows is a direct quote from one of his recent pieces:


    There is only the same old Trump: Dangerous and unpredictable, gauche and greedy, temperamentally unsuited and emotionally unsound.

    If you were trying to create in a lab a person with character traits more unbecoming in a president, it would be hard to outdo the one we have.

    He continues to have explosive Twitter episodes — presumably in response to some news he finds unflattering or some conspiracy floated by fringe outlets — that make him look not only foolish, but unhinged.

    Trump’s assaults on the truth are not benign. Presidential credibility is American credibility. There is no way to burn through one without burning through the other.

    And when he’s not making explosive charges, he’s taking destructive actions.

    Trumpcare would likely not only be more expensive and cover fewer people, but some people currently in need of care to extend their lives would no longer get it. Put quite simply: This plan is not only bad, it could be deadly.

    Add to these destructive policies the fact that this president and his family are burning through taxpayer funds like it’s Monopoly money.

    In February, numerous media outlets pointed out that Trump was spending on travel in a month nearly as much as what the Obamas spent in a year. This doesn’t even include the travel and security costs of Trump’s children or the cost of Trump’s wife and son remaining in Trump Tower in New York, at least for now, which is estimated to cost taxpayers hundreds of thousand of dollars a day.

    This was particularly jarring because Trump had been a chief critic of the amount of money the Obamas spent on vacations. Indeed, Trump tweeted in 2012: “President @BarackObama’s vacation is costing taxpayers millions of dollars — Unbelievable!”

    No, what is unbelievable is the staggering nature of the hypocrisy of Trump and his current spending and the near silence of Obama’s conservative critics.

    Trump appears to view the Treasury as a personal piggy bank and the presidency as a part-time job.

    This is a 70-year-old man who has lived his entire life as the vile, dishonest, incurious creature who got elected. That election validated his impulses rather than served as a curb on them.

    Trump will continue to debase and devalue the presidency with his lies.

    Trump will continue to leech as much personal financial advantage as he can from the flesh of the American public.

    America elected a parasite.


    BONUS: The temptation to mock Charles Blow because his last name is literally a slang term for a sex act is huge. I mean, think of the countless hours of humiliation that Blow suffered a a child that made him the mean, bitter man he is today. But it would be wrong to stoop to his level and just name call. Except for this: At the New York Times, do they call Charles’ role in the company The Blow Job?




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    State Department: Is America’s Oldest Cabinet Agency Trumped?

    March 14, 2017 // 4 Comments »


    What if it’s not incompetence? What if it is by design? What if President Donald Trump has decided American doesn’t really need a Department of State and if he can’t get away with closing it down, he can disable and defund it?

    The only problem is Trump will quickly find out he’ll have to reluctantly keep a few lights on at Foggy Bottom.

    Things do not look good for State. There were no press briefings between Trump taking office on January 20 and some irregular gatherings beginning in early March. Secretary of State Rex Tillerson wasn’t seen at several White House meetings where foreign leaders were present, and has taken only two very short trips abroad. Of the 13 sets of official remarks he has given, 10 have been perfunctory messages to countries on their national days, with one speech to his own employees. Sources inside State say he is nowhere to be seen around the building, either in person or bureaucratically via tasking orders and demands for briefings.

    Meanwhile, President Trump has proposed a devastating 37% cut to State’s tiny budget, already only about one percent of Federal spending.

    And as if that isn’t bad enough, the Trump administration has left a large number of the 64 special representative and other “speciality” positions empty. Tillerson already laid off a number of his own staff. Add in a Federal-wide hiring ban, and the only good news at Foggy Bottom is that it’s no longer hard to find a seat in the cafeteria.

    The original concerns around State that Trump’s transition was in chaos seem sadly mistaken; there are too many empty slots for this to be anything but purposeful. As for Tillerson himself “Either he’s weak or he’s complicit,” one State Department official said. Neither option bodes well.

    Alongside Trump himself, State is its own worst enemy. Team Trump no doubt took careful note of the Department’s slow-walking the release of Hillary Clinton’s emails (after helping hide the existence of her private server for years), and the organization’s flexibility in allowing aide Huma Abedin to simultaneously occupy jobs inside and outside of the Department, alongside alleged quid pro quo deals related to the Clinton Foundation. Senior State officials purged in late January were closely associated with Hillary Clinton. Happens when you back the wrong horse.

    The already open wound of Benghazi festered just a bit more when a post-election Freedom of Information Act release revealed State covered up the fact the assault on the Consulate was not “under cover of protest” as the Obama administration claimed but was, in fact, “a direct breaching attack.” Never mind the leaked dissent memo aimed at Trump’s so-called Muslim ban, and the leaked memo admonishing State staffers to stop leaking.

    And what has been one of State’s public actions this February? Dropping $71,000 on silverware to entertain foreign dignitaries. An organization that will be missed by the bulk of Trump supporters this is not.

    So is this it? The end of the United States Department of State, founded alongside the republic in 1789, with Thomas Jefferson himself as its first leader?

    Maybe not. Trump will quickly find that there are several State Departments, and he’ll need to hang on to a couple of them, even if he sidelines the others.

    Most of the actions described above refer to the political State Department, the traditional organ of diplomacy that once negotiated treaties and ended wars, but more and more since 9/11 (maybe earlier) has been supplemented if not left behind by modern communications that allow presidents and other Washington policymakers to deal directly with counterparts abroad. Throw in the growing role of the military, and you end up with far too many State staffers having a lot of time on their hands even before Trump came along. The Wikileaks cables, years of State Department reporting from the field, contained as much filler and gossip as they did cogent policy advice.

    Trump can make his deep cuts in that part of State’s work and few will even notice. In some ways, no one yet has; as far back as 2012, more than one fourth of all State Department Foreign Service positions were either unfilled or filled with below-grade employees. The whole of the Foreign Service diplomatic corps is smaller than the complement aboard one aircraft carrier, and has been for some time.

    There’ll be a few functions that may need to be rolled into other parts of the government if most of State fades away: whatever refugee processing Trump allows to DHS, trade promotion to Commerce, foreign aid to perhaps DOD, all have ready homes waiting if necessary. Trump’ll need to have ambassadors abroad, not the least of which is because 30-50% of those positions are routinely handed out to rich campaign donors, banana-republic style.

    So what is left at State Trump will need to hold on to?

    Those 294 embassies and consulates abroad State operates serve a function as America’s concierge that cannot be easily replaced, and will have to be funded at some level whether Trump likes it or not.

    Dozens of other U.S. government agencies rely on State’s overseas real estate for office space and administrative support to keep their own costs down. American government VIPs traveling need someone to arrange their security, get their motorcades organized, and their hotels and receptions booked. Meetings with local officials still require on-the-ground American staff to set up. Supporting CODELS (Congressional Delegations’ visits to foreign lands) is a right of passage for State Department employees, and every Foreign Service Officer has his/her war stories to tell. While stationed in the UK, I escorted so many Important Somebody’s on shopping trips that I was snarkily labeled “Ambassador to Harrod’s Department Store” by my colleagues. Others will tell tales of pre-dawn baggage handling and VIP indiscretions that needed smoothing over.

    Never mind the logistics for a full-on presidential visit to a foreign country. No, Trump will need this side of State to stay on the payroll.

    The last part of the State Department Trump will need around one way or another is the Bureau of Consular Affairs. Consular performs the traditional government functions of assisting Americans overseas when they’re arrested, caught up in a natural disaster, or just need help with social security or a new passport.

    The big swinging bat, however, is visa issuance. Visas are what fills the American economy with tourists, Silicon Valley with engineers, and universities with foreign students. Visas are the State Department’s cash cow: in 2016 close to 11 million tourist, worker, and student visas were issued at an average fee collected of $160. That’s well over $1.7 billion in revenue in addition to the budget Congress allots State. The Bureau of Consular Affairs holds a budget surplus in reserve whose dollar amount is one of the most closely held non-national security secrets inside government.

    But in a Trumpian state of mind, what looks like a strength at Foggy Bottom might turn out to be a weakness. State fought viciously after 9/11 to hold on to consular work, even as the Bush administration sought to consolidate the consular function into the then-new Department of Homeland Security.

    State won the bureaucratic fight in 2001, but if the Trump administration really wanted to effectively wipe away most of the State Department proper, it might need to do little more than kick out the strongest (and most profitable) leg holding up the whole edifice. Like a jenga tower, Trump can pick away at the top positions for media and political points, but if he really wants to see it all fall down, he’ll attack the bottom. Watch for it; it’ll tell you how serious this fight really is.

     

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    NYT Falsely Tries to Tie Afghan Visa Problem to Trump Travel Ban (Two Aren’t Related)

    March 12, 2017 // 25 Comments »




    Here’s a NYT article that goes out of its way trying to tie the lack of Afghan Special Immigrant Visas (SIVs; for former U.S. military translators) to the Trump travel ban executive order.


    The two are not related, and it would have taken the New York Times exactly one Google worth of journalism, or even reading elsewhere on their own website, to understand that instead of publishing a misleading piece. For a newspaper claiming its work stands between us and fake news, this is just sad.


    The article includes these lines:

    — Afghans who worked for the American military and government are being told that they cannot apply for special visas to the United States, even though Afghanistan is not among the countries listed in President Trump’s new travel ban.

    — It was unclear if the visa suspension was related to the president’s new ban.

    — Officials at the International Refugee Assistance Project… said “Our worst fears are proving true.”

    — It is unclear whether the reported suspension of new applications was related to the number of available visas or to the president’s order reducing refugee intake generally, or to a combination of the two factors.

    — Afghanistan was not included in either of the president’s travel bans, but his decision to reduce the overall number of refugees accepted by the United States would affect Afghans as well.


    To be clear, the Trump travel ban and visas for Afghan translators have absolutely no connection. None.


    Afghanistan is not included in Trump’s travel ban at all. Afghans translators are not refugees under the law. Like its now-defunct sister program for Iraqi translators, the Special Immigrant Visa Program (SIV) was set up to provide immigrant visas (Green Cards) to Afghans who helped U.S. forces. Congress, not the president, sets numerical limits on how many of these visas are to be made available each year. When the limit is reached, the program goes on hiatus until next year. Congress is free at any time to expand the number of these visas available. That’s it.


    Now, how could the Times have uncovered these facts? Journalism.

    The Times could have Googled Afghan Special Immigrant Visas. That would have shown them a State Department page explaining things.

    The Times could have contacted any number of advocacy groups that also have online explainers about all this. Most competent immigration lawyers would know, too.

    The Times could have looked at its own archives from 2011.

    Or, the Times reporters on this story could have read their own website. Because elsewhere in the Times was reprinted a Reuters story that pretty much accurately explains the problem.


    That’s it, that’s really all that was necessary to publish an accurate story. But that accurate story would not have included the attempts to link the Afghan problem to Trump, which is the takeaway rocketing around the web.

    And for the haters, my own article here is not “pro-Trump.” The reason? Because the Afghan story has nothing to do with Trump.




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    Ten Things the Media Will Get Wrong About Trump’s New Executive Order on Immigration

    March 9, 2017 // 18 Comments »


    As Trump issues a revised Executive Order on immigration, the media is almost certain to get many things wrong in its reporting; they did with the earlier order in late January. After 24 years of doing visa and immigration work for the Department of State,

    Short version: most of what people will be very upset about this week has been U.S. policy for some time and is actually unrelated to the Trump Executive Order.

    1. The Executive Order (EO) is invalid because the United States cannot discriminate based on national origin.

    False. 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful only to ban immigrants (Legal Permanent Residents, green card holders) because of “nationality, place of birth, or place of residence.” The law however is silent on banning non-immigrants such as tourists or students, as well as refugees, for those same reasons. Including green card holders was one of the major errors committed by Trump in the January EO. The new EO excludes them.

    2. The six countries affected by the new EO are being unfairly singled out. There’s no evidence the nationals from those countries pose any threat.

    The countries affected by Trump’s executive order – Iran, Libya, Somalia, Sudan, Syria, and Yemen – have been singled out under American immigration law since the days following 9/11.

    For example, the six are included in a 2015 law signed by President Obama, 8 U.S.C. 1187(a)(12). The list thus has nothing to do with any of Trump’s business interests. He did not create it, nor is he the first American president to omit Saudi Arabia from post-9/11 scrutiny. That 2015 list, part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to foreigners who even once visited the targeted nations. So, for example, British citizens otherwise eligible to enter the United States without a visa must instead appear for questioning and be individually approved for an actual printed visa in their passport at an American embassy or consulate abroad.

    The six countries are also included in a special vetting process in place since the George W. Bush administration, continued under Barack Obama, and still operating today. Simply called “administrative processing,” people from these nations and others go through an alternate visa procedure that delays their travel as they wait to be vetted by various intelligence agencies. Some applications are left to pend indefinitely as a way to say no without formally saying no in a way that invites challenge.

    Lastly, three of the six nations included under Trump’s EO — Iran, Sudan, and Syria — have been designated for years by the State Department as state sponsors of terrorism.

    As for the numbers, in FY2015, 27,751 tourist visas were issued to Iranians, Sudan 3,647, Syria 8,419, Libya 1,374, Somalia 185 and Yemen 3007. All of those people may still travel under the new EO, but the number are illustrative of the relatively small scale of the EO; in that same year, the United States issued almost 11 million visas worldwide.

    3. But some people with valid visas are being refused entry into the U.S.

    Yes, and they always have, long before Trump. Unlike many nations, the U.S. uses a two-tiered system for immigration. Visas are issued abroad by the Department of State, and represent only permission to apply to the Department of Homeland Security, Customs and Border Protection (CBP) at a U.S. entry port for admission. A traveler can have a valid visa and for a variety of reasons still be denied entry into the U.S.

    4. Travelers have other rights that are being denied.

    Foreign persons outside the United States are not protected by the Constitution. U.S. courts have also ruled continuously over time that decisions to issue or refuse visas abroad are not subject to judicial review.

    Non-citizens without green cards generally do not have the right to an attorney at an airport, except if questions relate to something other than immigration status, such as certain types of criminal charges. Non-citizens can generally be temporarily detained without formal due process. In most cases the government maintains until admitted to the U.S. by CBP, a traveler is actually not “in” the U.S. with the full range of legal protections. Nothing new here specific to the Trump EO.

    5. They’re deporting foreigners without due process.

    Again, nothing new and unrelated to Trump’s EO. In most cases only an immigration judge can order a deportation. But if the foreign traveler waives their rights by signing something called a “Stipulated Removal Order,” or takes “voluntary departure,” agreeing to leave the country, they could be deported without a hearing. Some people choose to give up their green cards voluntarily at the airport for a variety of reasons by signing a form I-407. There are both good reasons and bad reasons for signing such documents.

    That said, most people who aren’t allowed into the U.S. at the airport are not actually deported. They are removed, or denied entry. The words have specific legal meanings and trigger different levels of rights. Standard denials of entry are considered administrative actions and do not typically allow for court appearances or lawyers.

    6. A traveler was denied boarding by the airline when they tried to leave a foreign country. Do the airlines enforce American law now?

    Sort of. Airlines are responsible for the passengers they board. If a passenger is denied entry into the U.S. for any reason, the airline typically faces the costs of returning the passenger to a country abroad. So if someone from Syria is boarded by Lufthansa in Frankfurt and refused entry to the U.S. in Boston, Lufthansa can be held financially responsible. So, it is in the airlines’ best interests to follow U.S. immigration law.

    This system is not new with Trump’s EO, though the EO does establish new criteria for the airlines to follow.

    7. CBP is denying American citizens entry into the U.S.

    Very, very unlikely. Absent some extremely rare and technical issues, or cases where a traveler is misidentified, American citizens are entitled to enter the United States. A person with a U.S. passport is an American citizen for the purposes of entry, even if they hold a passport from another country. Green card holders are not American citizens and remain citizens of their home country. American citizens have always been subject to questioning, temporary detention, and search when entering the U.S. CBP is authorized to conduct searches and detention in accordance with 8 U.S.C. § 1357 and 19 U.S.C. §§ 1499, 1581, 1582.

    8. CBP asked a traveler about their religion, or said they were detained because they were a Muslim, or…

    Anything is possible, but not everything is likely. Actions cannot be taken based on religion, though CBP has always had procedures that allow them to have a traveler remove their head covering. Most airport interactions are under surveillance. CBP officials wear badges with numbers. Asking about religion is potentially grounds for job dismissal, even a civil rights suit. Wrong things do happen, but one should be skeptical about how often it is claimed to have happened. Persons can be asked where they came from (i.e., Sudan.) Human error, or a bad CBP person of course exist, but are in isolation not signs that the “gloves have come off” or that their one-off actions are signs of impending fascism.

    9. I Googled this and…

    Stop. There’s a reason people go to law school. Legal practice at the border is complicated; immigration law is as complex as tax law, and based on a tangle of regulations, practices, court cases, administrative rulings, and the like. Even experienced immigration lawyers differ with one another on how some things work. Other parts of the process are subject to the judgment of CBP officials. Almost anything can be challenged in court, and courts overturn old laws from time to time. So be careful when pronouncing something “unconstitutional” based largely on a Google search, or quoting one lawyer with a client in trouble, or confusing the filing of a lawsuit, or even a temporary stay by a court, as proof of the point you’re trying to make.

    10. Trump can’t do this.

    The answer to this question will take a lot of legal testing to resolve. Generally, however, the Supreme Court acknowledges immigration law’s “plenary power” doctrine, leaving most discretionary decisions in the hands of the executive branch. Legal victories over the original Trump EO were only stays of actions inside American borders, and complied with by the Department of Homeland Security on an exceptional “national interest” basis, not a policy one.

    Yet while precedent seems to favor the administration, there are a lot of issues and a very complex body of law in play with this EO. In particular how/if the First Amendment’s guarantees of freedom of religion apply is in contention. Anyone who claims this is simple on any side of the argument is misinformed. However, what is simple is that this is not a constitutional crisis. Tension between the power of executive orders and the power of Congress/the courts is nothing new, and in fact is the cornerstone of the Constitution’s system of checks and balances.

    The opinions here are solely those of the author and do not reflect the views of the Department of State. This is not legal advice. Consult an immigration lawyer before making any immigration, travel or legal decision.

     

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    The U.S. Government Did Not Revoke Khizr Khan’s ‘Travel Privileges’

    March 8, 2017 // 19 Comments »



    Here’s the anatomy of a fully made-up “news” story, abetted by a media that could care less to check any fact as long as the story feeds the preconceived notions of its audience.

    You remember Khizr Khan (above), the guy who used his soldier son, killed in Iraq, as a prop at the Democratic National Convention to criticize Trump’s immigration policy and help elect Hillary Clinton? Well, like all good Americans, Khan exploited his exploitation into a minor media career. He was booked to talk in Canada by a speaker’s bureau called Ramsey Talks. A decent gig — tickets ran $89 a seat.

    Then Trump supposedly struck. Ramsey Talks released a statement on its Facebook page saying:

    Late Sunday evening Khizr Khan, an American citizen for over 30 years, was notified that his travel privileges are being reviewed. As a consequence, Mr. Khan will not be traveling to Toronto on March 7th to speak about tolerance, understanding, unity and the rule of law. Very regretfully, Ramsay Talks must cancel its luncheon with Mr. Khan. Guests will be given full refunds.

    Mr. Khan offered his sincere apologies to all those who made plans to attend on March 7th. He said: “This turn of events is not just of deep concern to me but to all my fellow Americans who cherish our freedom to travel abroad. I have not been given any reason as to why. I am grateful for your support and look forward to visiting Toronto in the near future.


    A major Canadian broadcast outfit (CTV) ran the story based solely, only, 100% on that single unverified and unsubstantiated Facebook posting, saying the Trump administration interfered with Khan’s “travel privileges” to prevent him from speaking, because of some sort of revenge for Khan’s statements this summer.

    The Internet then, as expected, lost its shit.

    Twitter boomed, and within an hour or two the story appeared in the New York Times, LA Times, Boston Herald, CNN, Maddow, and across the globe. Every one of those stories was based on nothing but that Facebook post. Reuters, the only outfit that apparently bothered to commit a minor act of journalism and reach out to Khan, was told by him no comment. All of the web’s many experts on stuff became experts on passport law, immigration, naturalization, and visa lore. Amazingly creative theories of “denaturalization of Muslims” were concocted out of thin air.

    The only problem is that none of this is true. It in fact could not be true.

    The U.S. has no law that deals with reviewing or rescinding “travel privileges.” No U.S. government agency calls people at home to tell them their travel privileges are under review. If, in very, very limited specific legal instances a court has ordered someone not to travel, their passport itself can be revoked in response to that court order. The U.S. Customs and Border Protection people, the State Department, and the government of Canada all eventually denied doing anything to Khan in any way or having anything to do with this story, so please stop calling them to ask.

    Khan, or Ramsey Talks, seems to have made this all up.

    Now, funny thing, this made-up story about Khan being denied travel hit just as Trump’s new Executive Order (“Muslin Ban 2.0”) was announced. Gee willikers Biff, you think this tale of a Muslim patriot denied travel was timed for that news cycle? Maybe so that when Khan’s speech is rescheduled tickets will be more expensive and sell out faster? Maybe so Khan and/or Ramsey Talks could get a zillion dollars of free publicity? Hah hah, coincidence, amiright?

    As I write this, not one of the media outlets that ran with the false story has published a correction, update or apology. The Washington Post has semi-backed away, but left itself plenty of wiggle room in not admitting it was wrong.

    The problem is if you Google Khan’s name, the story is still flowing around the web, and is now being cited in unrelated stories as “proof” of whatever else the writer believes is fascism and the end of freedom in America.


    BONUS: A source inside CBP tells me that what is most likely to have happened is that Khan’s membership in one of the expedited processing programs was set to expire. These are programs run by private companies that gather information and submit members’ names for background checks to allow them to use expedited processing lanes at the airport when re-entering the United States from a foreign country. Khan/Ramsey likely confused, by accident or on purpose, the expiration of that membership with some nefarious U.S. government action, and the media took it from there. Khan’s only privilege under fire was that of standing in a shorter line at the airport.



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    The Four Stories You Can Write About Trump

    March 6, 2017 // 27 Comments »



    It is nearly-impossible to write anything that purports to be objective about Trump. No one wants to read it. Instead, there are only four basic stories you can do.


    The Apocalypse

    These stories tend to appear in both the mainstream press (New York Times, Washington Post, cable news) and on left-of-center smaller outlets featuring Michael Moore and Robert Reich. They have headlines and indeed whole paragraphs announcing the end of democracy, the fall of the republic, destruction of the press, and so forth.

    Many have references to Hitler, or, if the writer has checked online, the burning of the Reichstag and WWII Japanese internment camps. If the writer does more than a Google search, you’ll see references to Weimer. The stories need to be more hyperbolic than the last one, and are usually framed around one Trump event inflated into a “historians will someday note this as a turning point, assuming they will still be allowed to write freely.”

    So, CBP wrongly detains someone = brownshirts are on the march, today the airport, tomorrow maybe in our home? Fear the 2 am knock on the door.

    As a bonus, these articles will often use dramatic phrases like “a clear and present danger,” “be afraid. be very afraid,” and end with an out-of-context quote from a Founding Father such as “The tree of liberty without our vigilance will be upended by an orange man as darkness gathers.”


    Related: Trump is Stupid and Evil

    These stories are basically a personal variant on the The Apocalypse, and are a staple of NYT Op-Eds by guys like Charles Blow, everything on Rawstory and HuffPo, and late night comedy shows like Colbert.

    Trump has small hands, a joke about Cheeto Jesus, homophobic jokes about Putin and bromance, a spell-checker typo blow up into proof of something sinister, that sort of thing. They’ll go as far as comedians calling Melania a whore and the Trump kid a ‘tard, followed by an apology if the Internet blows up. They also run as Tweets and Facebook memes that say Trump is mentally ill or has syphilis. Throw in a favorite failed-as-a-businessman tale.

    A lot of these stories are based around leaks from anonymous sources that are little more than gossip from interns, such as “Trump is said to chew on the ends of pencils, which many aides claim is embarrassing to the nation.” Look for headlines that have colons, such as Revealed:, Sources: or Report: and passive constructions such as “I’m told…”



    Trump is a Savior

    For anything positive about Trump, you have to look w-a-y right, often deep into the dank corners of the web where true racism and hate lie. The more centrist right media seems to spend most of its time debunking stories about The Apocalypse and Trump is Stupid and Evil, or arguing the meaning of fake news.

    Hillary Fan Fiction/Obama Revisionism

    These are really the sad stories. They will repeat that Hillary won the popular vote you guys, how she would have won except for Bernie, Jill, Stein, Comey and Putin, and/or focus on all the reasons Trump will be impeached (Emoluments Act, Russia, 25th Amendment, a military coup, Chinese buy-out, etc.) They are all textbook examples of denial, lead by once-sane academics like Lawrence Tribe.

    Right alongside Hillary fan fiction lurks Obama Revisionism. The last eight years were all unicorns and rainbows, with free healthcare falling from the sky while we all lived in racial harmony and celebrated each other’s’ diversity with vegan, gluten-free treats handed out to undocumented aliens at Whole Foods by smiling refugees.


    FYI: I have given up, and get the majority of my news now from watching old Spongebob episodes. Trump’ll get my NetFlix when he prys it from my cold dead hands.



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    The Responsibility to Leak, and Leaking Responsibly

    February 23, 2017 // 96 Comments »




    I know you’re out there, and this is for you. What you’re weighing, it’s not as easy as you think. But it can matter more than anything else you do with your professional life.


    Washington is awash with leaks; if they were real water we’d all drown. The American people feel they are seeing the inner most workings of government, and it is not pretty. Powerful people are falling. Our democracy may be at risk. President Trump and his team have no intention of watching from the sidelines. There is a struggle going on, and people are taking sides.

    So if you’re a government employee sitting in a cubicle in Washington DC, what are you thinking? To leak or not to leak? Will you blow the whistle?

    I know more than a little bit about your decision. With 21 years of service at the Department of State, I was assigned to wartime Iraq in 2009. For me, when the waste, fraud, and mismanagement of the reconstruction program under Presidents Bush and Obama reached the limits of what in good conscience I could participate in, and after failing to see any change going through channels, I blew the whistle, via a book, We Meant Well. The State Department in response flirted with sending me to jail, tried to fire me in part for “lack of candor” in refusing to participate in their investigation, and in the end pursued me into an early retirement.

    I learned the decision to contact a reporter, or otherwise to blow the whistle, is a hard one. In the end you have to ask yourself one seemingly simple but actually complex question: is the juice worth the squeeze?

    As for that squeeze, an anonymous leaker must expect people to come looking; you’re taking on the President of the United States after all. If the past (including my case) is any guide, much of the action that follows a disclosure will be aimed at the leaker, not the information leaked. You will be scared going in, but the fear should make you cautious. You will need to learn what intelligence officers call tradecraft; you may end up trying to hide your actions from them. Whatever journey you embark on, fear will travel with you.

    There are real things to be afraid of. Following the example set by the Obama administration, someone exposing classified information may be subjected by the Trump administration to Espionage Act prosecution, with the near-certainty of Federal prison time if convicted.

    Think you’re too unimportant for an investigation? Safe because your leak was, as in my own instance, nothing remotely classified? Maybe. But the most effective way to silence the next person in your position is to have them afraid to even try. Your now-adversaries would love to get the high level leakers, but won’t care too much if the heads on display come from the lower ranks instead. Either way the point to those others out there still considering leaking is made.

    The administration will fight back in other ways, too. You are an anonymous source, an unnamed official, someone “with knowledge of the discussion.” It’s your word against that of a person who can appear on a major news program to offer up information (real or not) that discredits yours. Americans tend to assess truthfulness these days in line with preconceived beliefs, and that’s running about 50-50 on any given day in the Trump Era.

    That’s the squeeze for a leaker. Now the juice.

    You may not have the evidence of a still-smoking gun to “bring down” anyone. But you can contribute to a larger story, supply a missing puzzle piece, or nudge an investigative process forward. A big mosaic is made of little pictures. What you know likely does matter, and the people have a right to know what matters about their government. Who besides someone on the inside – you – can tell them?

    Things can change significantly if you decide to blow the whistle, as opposed to leaking. While there are legal definitions, the key difference is a whistleblower purposely gives up their anonymity; Edward Snowden is the best known example. The risks scale up geometrically after that – you are saying “here I am, come after me.” Legal protections exist, including the Whistleblower Protection Act, but they do not snap into place easily. You will need a good lawyer well before you blow any whistle.

    The returns for blowing the whistle can be significant, and it was this calculus (plus a dollop of ignorance I’m afraid) that lead me away from leaking into a full public disclosure. Standing up by name, you earn credibility against attacks ad hominen, and for the information you supply. Your presence encourages and empowers others. Your motivations are on display; you are more easily seen as a patriot than a partisan. And you aren’t just passing on information. You are bearing witness, at risk to yourself.


    As one who has been there, my counsel is to think practically, not emotionally. Think larger than yourself, and think larger than political gossip. If I had the chance, I would remind every potential leaker or whistleblower their oath of service was to the Constitution, not to any particular leader or party, neither the one in, nor out, of power. So act on principle, not ego or revenge or ambition; the power to disclose carries with it a responsibility to act ethically. Your conscience will then be bulletproof, something very important as you will spend a lot of time in there. No guarantees, but an ethical disclosure may be easier to defend as well.

    People of conscience, leakers and whistleblowers alike, we’re made. We’re made by what the government does and fails to do, and by what we witness. If government acted as the Founders expected it should, we would not be here, like mushrooms that didn’t pop up on a dry lawn.

    It’s what all of us share: a love of country, if not necessarily its politicians. It’s in your hands to be on the right side of this struggle. One courageous act of conscience can make a difference in an America gone astray. That will be your anchor on an unsettling and fearful journey. I made a choice to be a whistleblower. I’d do it again. To me, the juice was worth the squeeze. You?




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    We Could Have Had Biden

    February 20, 2017 // 67 Comments »




    Joe Biden would have beaten him.


    Think about why Trump won. He was by sheer accident the more or less least worst choice. Despite his behavior, he kept failing upward, right into the White House.


    A large portion of this election was about income disparity, cultural and economic displacement, a sense that the country had abandoned too much of its center. I don’t know how many of those people voted for Trump per se, but some percentage voted against for Hillary Clinton (spare me the popular vote bit, we’re dealing with the reality of the system which was here in 2016 and will be here in 2020.)

    Biden has always been able to speak to many of those who voted for Trump. His roots are in Pennsylvania, his background blue collar. His son served in uniform. He has dealt with personal tragedy and understands it in others. He talks and displays real empathy in a way Hillary could never do, and embarrassed herself when she tried. Biden in the Midwest would have exposed Trump as a fake populist because Biden would have come across as a real one.

    A significant number of voters “like” or dislike a candidate; some of an election is a popularity contest, and everyone likes and trusts Biden. Clinton could never get past herself on that. She was the kid on the debate team; Joe was class clown.

    Think Comey hurt Hillary somehow? Think the Democratic National Committee emails showing Clinton’s dirty tricks against Bernie hurt her? Think the Clinton Foundation, quid pro quo, pay-to-play, the server and coverup, Bill’s sexcapades, Huma, Weiner, health questions, maybe even Benghazi, think any of that cost her votes (it did)? Well, none of that would have touched Biden. Most of America still wouldn’t know who Comey is. Putin could have leaked all the emails in the world and… nothing. Trump could not have played off hiding his tax returns with Clinton hiding her Goldman-Sachs speeches.

    Trump would have had to talk policy and issues. Nothing for Congress to investigate, no scandals. Nothing for the right wing media to feed on. Nothing for the left wing media to have to keep defending.

    Meanwhile, the strengths Clinton had — experience in government, claimed foreign policy skills, whatever good will could be inherited from Obama — would all be there for Biden. Without any baggage. Biden was in the room when bin Laden was killed, too, for whatever that is worth.

    It’s likely Biden would have run a more respectful campaign against Bernie than Clinton did, as he would have been driven, but without being obsessed by fear of failure. He might have run a positive general election campaign, not one that was a continuous flow of hit pieces on Trump that left voters unsure what Hillary had to offer herself.

    That might have brought more Bernie voters out who chose instead to stay home on election day. Biden would have been able to choose a vice president such as Elizabeth Warren that would not have been seen inside the party as a threat to Clinton. Biden, himself a once forever Senator, might even have chosen Bernie as his VP. Imagine a VP choice that inspired, instead of a cynical move like disposable drone Tim Kaine selected just to (barely) grab Virginia’s electoral votes.

    There was much talk abut why Biden didn’t run, centering around the death of his son Beau. It was a major factor. However, sources are clear that pressure was applied to Biden the old-time party man to stand aside, that this was Hillary’s turn, arrangements had been made, deals done. Biden could have whatever else he wanted (other than VP…), choice of cabinet jobs, an emeritus position as ambassador somewhere, appointment to a presidential commission created for him, just name it, Joe.

    Biden said post-election “The family was broken, and I was more broken than I thought I was. How broken? I don’t know what I’d do if I was in a debate and someone said, ‘You’re doing this because of your son,’ I might have walked over and kicked his ass.”

    And in that moment the election would have been over.

    Many Americans outside the coastal media were unconcerned about an old tape of Trump being crude, and did not see his statements as “sexual assault.” They were skeptical about decades old allegations of sexual harassment that seemed to appear on cue just before a debate. But you don’t mess with someone’s dead son, a veteran at that, and had Trump insulted Beau and Joe Biden slugged Trump live on TV, every American who supported Trump would have understood what a bully was and every one of them knows what to do about bullies.

    In the end, you win this way:

    — Pull votes away from the other guy (blue collar Biden)

    — Secure your base (experienced, Obama-Dem Biden) and

    — Don’t lose voters (baggage-free Biden.)

    Clinton failed on all three counts, and it is now President Trump.



    The point here is not just a thought experiment, a political argument to hash out over beers. There’ll be another election in 2020, and Trump will run against another Democrat. If the Democrats can’t understand what election they are running in, and can’t objectively weigh out their candidates’ strengths and weaknesses instead of assuming succession based on internal party logic, they will lose again to Trump.



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    A Brief History of Hope (and How Trump Won)

    February 16, 2017 // 61 Comments »




    Nobody has a lot of hope left, so we got Trump.


    I’ve taken to doing this thing Kurt Vonnegut used to do, semi-randomly calling people I haven’t spoken to for awhile. No emails, a phone call, the numbers I can track down online. The phone rings on their end and announces I am demanding to talk with them. It’s selfish. I want to know what’s going on in America. I ask them that.



    The way things work, these people have dispersed themselves all over America. Most of the people I speak with are in their 50s, nobody younger than about 35. They are representative only of “people I still sort of know.” The whole thing is about as scientific as the smell off a pile of dog crap.

    I’ve found nobody with a lot of hope left. They seemed to have used it up.

    I haven’t run across anyone who voted for Trump who said “Well, that’s that, time to sit back and watch things get fixed.” A lot of these people voted for Obama, at least in 2008, and not because he was going to be America’s First Black President but because they really believed in his promise of Hope. The Bush years had worn out. We stayed scared enough, but then no post-9/11 attack came, the wars dragged on, and most of the stuff that was supposed to make us feel safe just ended up somewhere between inconvenient and bullying.

    People have no sense of being in control of their lives. They know they have a lot less money than they used to, they don’t see their kids doing better, but they see on TV that some few seem to have most of everything. They can figure if they have less and someone else has more where that more came from.


    “Hope” means different things but it one way or another meant change for the better and that didn’t happen. Depending on who you were and where you lived, things stayed about the same or they got worse. The news said another 20,000 jobs were created but they still worked at Target. The news said solar and coding and Internet of Things and self-driving cars and they still made $7.25 an hour when their grandfathers made $23.50 with benefits. In 2017 they could not afford health insurance, stuck between not having enough money to buy it and not having too little enough to get subsidized. And they know health insurance and healthcare are not the same thing, as in high deductibles and Bronze plans that never seemed to cover things, or cover them fully. They know that, and deeply resent anyone who tells them it’s not really that way and they are better off.

    You can’t tell a person soaked in water they aren’t wet.

    Having been fooled, prepped for years, they looked at the 2016 election and saw a choice between a guy who was so cynical about providing hope he didn’t even bother to offer anything beyond a vague exhortation to be great on a cap, and a women who didn’t even bother with that, just a selfish demand for affirmation, “I’m With Her!” going through the motions enroute to what she thought was hers already.

    They knew Trump was a bully, a cheat, someone mean, and did not need to be told. They resented being seen by Clinton as too dumb to get that on their own and needing a lecture. Same now for the endless late night mockery and Washington gossip by “sources” that passes for news. Nobody cares about Nordstrom’s or who the spokesperson is when they’re hungry, and they resent the people who do not get that.

    Economist Thomas Piketty found the share of U.S. national wealth claimed by the bottom 50% of the country dropped to 12% from 20% in 1978, along with a drop in income for the poorest half of America. That level of change will not go unreacted to.

    It wasn’t that most of them hated Blacks and gays and the people of so-called identity politics, it was just that they did not care all that much about them either way. People in smaller places all know about Mr. Saunders the “confirmed bachelor” and while he couldn’t hold hands with his “roommate” around town, really, otherwise, who cares, I’m down to canned tuna and cereal the last week of the month when my food aid money runs out waiting for the first of the next month. Sorry equal rights for everyone isn’t in place, but let’s fix some other things first. We’ve all taken a beating.

    You don’t have to like it, but that’s what a lot of people think. And unlike a fair number of other voting blocs who need to be made to show up on election day, these people turn out. They don’t need buses, they drive themselves.

    So to hell with it they said, I’ll vote for the guy, being fooled knowing I’m being fooled. It doesn’t matter if Trump pisses off the Prime Minister of wherever. My kid will fight that war, like he fought the last war, because he can’t find another job and joins the Army, and Cory Booker’s nephew or niece won’t and if they does somehow join the service they’ll be a pilot or work intel or some other clean hands job and won’t be up on the line. Can my other kid go to college? Maybe, but she’ll eat debt for 20 years for a throwaway degree that isn’t worth much. We want our daughters empowered because we know that offers them a good life, but we first want them fed and employed.

    We were promised that. Didn’t happen.

    None of those people are going to have their minds changed by pussy hat marches or Lady Gaga at the Superbowl which just brings an eye roll from the men and women at the bar, and they don’t appreciate being called racists, nazis and fascists by millennials who have never really met one and fling those words around to enrage each other into shaking their heads at each other. They are unaffected by protests not against some policy, but against the idea that the candidate they voted for won.

    Meanwhile, if someone who is a real nazi or fascist offers the people at the bar even a touch of hope they’ll put up with some of the rest even though they don’t care for it personally. Most people really don’t want to live like it’s the 1950s Deep South again, but they’ll take a cleaned up version of 1969’s economy.

    See, “resistance” is part of the long-failed stay negative Democratic policy, the same one that lost the 2016 election. Find something to be for, Dems, or you’ll lose in 2018 again.



    So if you want to really throw up a wall between America as we want it to be and the America you’re afraid it will become, shut the hell up and create some jobs. Just do that, dump some money out of the pot and build some bridges and highways. Start. People who wear black shoes and white socks don’t really care whether you fund the National Endowment for the Arts as long as you also fund a new water plant for every Flint, and there is or will be one in every state. That’s a big gulp of what stopped real fascism from catching hold in 1930s America.

    But right now people out there are heading toward accepting an awful lot of hateful things because they want to believe someone will help them.

    Every year we wait makes it harder and less likely we’ll get out from under this blue dusk. The party or candidate that can really do this — create some jobs, give people back their pride, allow them to take care of their families, throw out a little hope — will win every election they want to run in.

    We’re not headed into authoritarianism per se. We’re headed into giving up. That’s the demon that’ll destroy us. There’s the weight of emptiness out there and something’s gonna fill it up.



    I know I can’t keep “we,” “you “and “they” separate in the essay above and after spending a lot of time trying to fix that I realized it was meant to be that way.




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    Let’s Play Journalism, and Make Fake News

    February 14, 2017 // 98 Comments »



    This journalism thingie has gotten so easy, anyone can do it. Let’s play make the fake news funtime!

    The elderly may remember the Old Journalism. Back in BT (Before Trump) journalists in mainstream outlets had to gather facts (i.e., true things) from sources (people with names who knew true things) that would withstand fact-checking (looking stuff up, or having a second source confirm stuff.) If you quoted something already established as a fact, you were obligated to link to it.

    There were notably exceptions. For example, in 2003, the New York Times simply “believed” everything it was told about Iraq having massive destructive weapons and typed it into the paper. FYI: The Times assisted in generating enthusiasm for the Iraq invasion, helping kill 5,000 Americans and perhaps one million Iraqis! Media such as the National Enquirer and gossip blogs would just make things up, aliens and Bigfoot and all that, but it was with a wink and everyone knew it was fake and for fun.

    Then Shazaam! Every media in America miscalled the election for Clinton while Trump won. Media collectively got a sad. They did not know what to do. Certainly admitting they screwed up was not in the cards, nor was accepting that Trump won and moving on. So, they invented Newer Journalism.

    It works this way. A reporter, say from the Washington Post, calls up someone who works at say, the State Department, or is called by someone who wants to leak something. It is always bad news about Trump. The reporter types it up word-for-word, and then publishes it to the world as a true thing. In the story the source is anonymous, so no one knows if the reporter spoke to an intern on her third day, or just made it all up. But, and this is important, that doesn’t matter! All that matters is that it is bad news, the more bombastic the better.

    From there other media simply repeat the story. But it gets better, because the next media in line says “The Washington Post reports sources inside the Trump administration say…” allowing some crappy blog to inherit whatever credibility the WaPo still clings to. But, and this is important, that doesn’t matter! Because the article will be saying something readers want to believe (“White House policy making is in disarray, everyone will resign by Thursday.”)

    Now Thursday will roll around and everyone has not resigned, but, and this is important, that doesn’t matter! The media has moved on to the next story and who the hell goes back and reads last week’s Tweets anyway. Repeat.

    The way Trump is being covered reminds me of so-called reporting out of North Korea, or the Cold War Soviet Union. Reporters claimed they could not reveal their sources, and every tiny scrap of an event was inflated into Deep Meaning. Every story warned of catastrophic consequences to follow, that never did. But that’s what Americans wanted to believe about those two countries, and it sold (in those days) newspapers.



    So let’s try it. Keep in mind this is entirely made up, especially if you see it reprinted on Rawstory or HuffPo as fact.

    Sources inside the State Department who are otherwise not authorized to speak to the media report that rank-and-file diplomats remain dismayed at the treatment given them by Secretary of State Rex Tillerson. Many are quietly talking about ways to resist, some even going as far as suggesting mass resignations may occur. Some liken it to a Constitutional crisis that could upset an already fragile democracy.

    The diplomats — many of whom signed the recent letter of dissent over Trump’s Muslim Ban — claim that Tillerson has not held a full staff meeting since taking office, preferring to work only with a tight circle of advisors from the campaign whom he has dubbed the “Trump Centaurians.” These Centurians have been described as politically motivated, watching Tweets out of the White House for policy guidance.

    “They have no idea what they are doing,” said one senior diplomat. “These are people with zero experience inside government talking down to experienced Russia hands in my office. One of these so-called Centaurians used to work for Ivanka’s clothing line. God help us, she’s now in charge of energy policy across the MidEast. It is chaos, pure chaos. Period. Full stop.”

    In response to Tillerson, State Department officials have begun to slow-walk requests from the Secretary’s office, with some going as far as withholding information for fear it might be shared with the Kremlin. “I wouldn’t be surprised to see a bunch of people go critical and simply punch out one day,” stated another seasoned diplomat. “And I’m hearing the same thing from friends inside the NSC. I’ve never seen it this bad before, and it’ll get worse.”

    Tillerson’s office did not immediately return a request for comment.


    See? That took me about ten minutes to crank out. Lunchtime.



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    Can’t Judge Fake News in the Dark

    February 10, 2017 // 76 Comments »



    This isn’t about Trump. It’s about judging the media, whoever and whatever they report on. It is about reading critically when so much out there is just simply inaccurate. Not maybe inaccurate, pure dead solid perfect stupid. So don’t call me a nazi.

    Step One is to note if the story you’re reading/seeing is all or mostly unsourced, or anonymously sourced. Red flag.

    Step Two is to see if the story is bombastic, dramatic, something that really makes you angry. Something that adds to or dovetails with something you already believe is true. If it sounds like gossip, that’s probably all it is. Red flag.

    Step Three is to check if the story is a negative one about a person or subject from a media outlet that celebrates its partisan position. Red flag.

    Congratulations! You’ve got a sample target, and are ready to apply a basic test.

    Ask who would know the information, why would they tell anyone, and apply a light sniff test: does it make any sense at all?


    Here’s one to practice on, courtesy of the New York Times. There are no sources at all for the most part, and the story is bombastic, suggesting the people in the White House are dumber than third graders. The Times has had trouble with objectivity concerning the administration. Much of the story sounds like mean gossip.

    We’ll zoom in on a couple of opening lines, keeping in mind this was presented on the front page as news:

    President Trump loves to set the day’s narrative at dawn, but the deeper story of his White House is best told at night.

    Aides confer in the dark because they cannot figure out how to operate the light switches in the cabinet room. Visitors conclude their meetings and then wander around, testing doorknobs until finding one that leads to an exit.

    So the venerable New York Times reports Trump’s aides sit in the dark because they do not know how to operate light switches.

    Seriously? Light switches are rarely complex. Those aides have been on the job for about two weeks and have not figured out how to turn on the lights? And by the way, the White House is full of non-political, permanent staff, including servants, janitors, the Secret Service, secretaries. Hell, you can dial zero on the house phone and ask for maintenance. It is simply impossible for the Times’ statement to be true, and it would have had to have been reported by one of the aides themselves, because no one else was there, or could see what was happening in the dark.

    Next up: the line about visitors wandering the halls looking for an exit.

    Access to the White House is as controlled as anywhere in the United States. One does not simply walk around trying doors. Visitors are escorted, the Secret Service is stationed everywhere, and there are cameras and motion detectors. Being alone inside the White House is a privilege allotted to very, very, very few people ever. Visitors are badged and checked in and out. The building itself is not a suburban movie theatre, with lots of doors opening out into the parking lot. Visitors go in and out via a limited number of portals. It is simply impossible for the Times’ statement to be true.

    Later in the same story the Times reports:

    When Mr. Trump is not watching television in his bathrobe or on his phone reaching out to old campaign hands and advisers, he will sometimes set off to explore the unfamiliar surroundings of his new home.

    While the image of old man Trump wandering around the place in his robe and slippers, perhaps hair amuss, is amusing, the statement is ridiculous as news.

    If the White House is hyper-controlled space, the Residence, the second floor where the president actually lives, is doubly so. Access is strictly limited to those personally invited by the president, staff who have worked there decades, and a handful of Secret Service stationed outside key doors. The idea is to offer a respite, a personal space for the family.

    The White House staff and Secret Service have a long tradition of not leaking intimate details of the First Family. They would throw away a decades-long career if they did. Neither group has leaked salacious gossip over the years about presidential affairs, husband and wife fights, drunkenness and the like in real time. It is incredulous that the Times would have any idea what Trump does inside his own living room.

    Another caution would be reports that purport to know what a senior policy maker is “thinking,” the very ideas and feelings in his head. While anything is of course possible, how likely is it that someone in public life would voice those things to people junior enough to leak them (oh but you want to believe it, don’t you?) Here’s the Times again:

    Cloistered in the White House, he now has little access to his fans and supporters — an important source of feedback and validation — and feels increasingly pinched by the pressures of the job and the constant presence of protests.

    The first line is of course easily destroyable, as the president can invite anyone into the White House, and most anyone would be happy to rush in. And don’t his son-in-law and daughter Ivanka live just down the street in DC? In addition, should Trump want to talk with “fans and supporters,” there is that telephone thingie. Obama famously had a guarded private number for a handful of friends, and Bill Clinton, keeping with his times, used a personal FAX machine whose number was changed regularly and distributed to very few long-time associates.

    And by the way, how could the Times, or anyone really, know Trump is “increasingly pinched by the pressures of the job”? What does pinched even mean? Did someone deep inside Trump’s inner circle overhear him say “Dammit, I am feeling pinched as hell” and rush to whisper that in a reporter’s ear? Can someone be “increasingly” pinched after only some two weeks on the job?


    The piece goes on and on, claiming Trump obsessed over the drapes in the Oval Office, watches TV during lunch (!), somehow indicated to somebody that the Oval Office “is a totem of a victory that validates him as a serious person,” and startlingly, “ordered that four hardback chairs be placed in a semicircle around his desk” which seems to be important for some reason never really explained.




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    Dark Threads of Immigration in America

    February 8, 2017 // 90 Comments »



    For those who say “This is not who we are,” well, look again. It all seems to be exactly who we are and have been.

    President Donald Trump’s executive order banning travelers, immigrants and refugees from seven predominantly Muslim countries is only the latest twist of dark threads that have always been present in America and its immigration policy. The executive order is not unprecedented. It is evolutionary, predictable, nearly an inevitable step.



    The Seven Targeted Countries

    Begin with the targeted countries, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. America has bombed or used drones and special forces in six of them, and attacked the seventh with cyberwar. The Muslims there have suffered far in excess of a travel ban at the hands of America. Indeed, many of the refugees leaving those nations became refugees as a result of American war-making, often under the guise (Libya, Iraq, Syria) of “protecting” those people from an evil dictator, some Sunday morning talk show version of genocide, or a red line few outside the White House could see.

    The countries in Trump’s executive order have long been singled out for special treatment under American immigration law.

    Though Trump in his crude style talks about “extreme vetting,” such a process has been in place since the George W. Bush administration, continued under Obama, and is operating today. It has a nicer, if somewhat Orwellian name, “administrative processing.” On the list of nation affected: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. People from these nations, and a few others, go through an alternate visa processing procedure that delays their travel. The process involves various intelligence agencies vetting the traveler. Some applications are left to pend indefinitely, a de facto travel ban.

    The seven nations also were a part of the Bush-era Muslim registry, known as NSEERS.

    Trump’s seven nations also appear on an Obama-era list. That list, the equally Orwellian-named Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to persons who even once visited the targeted nations. So, for example, a British citizen otherwise eligible to enter the United States without a visa must instead appear for questioning at an American embassy abroad if she, for any reason, even as a journalist, stepped foot in Iran.

    That nations long-held to sponsor terrorism such as Saudi Arabia and Pakistan are not on Trump’s list is not surprising. They haven’t appeared on most of Bush’s or Obama’s lists either.



    Refugees Not Welcome

    Following Trump’s directives aimed at refugees it quickly became almost mandatory for celebrities and pundits to come up with a personal story or two about their family’s immigrant ties, and preach a bit about the Statue of Liberty and freedom.

    Left unsaid was that the number of refugees admitted to the United States is small compared to many other nations.

    The U.S. admitted a record number of Muslim refugees in 2016, some 38,901 of the nearly “>85,000 total refugees allowed into the U.S. Go back to 2006, and the total number of refugees admitted drops to under 50,000. Though there have been refugee “surges” into the United States such as Holocaust survivors following World War II (650,000 people) and the Vietnamese “boat people” (100,000) after the end of that war, Americans historically feared refugees, not welcomed them. Since 1980, the United States has accepted less than two million refugees overall, and 40 percent of those were children accompanying their refugee parent(s). The U.S. sets an annual ceiling on refugees admitted, currently 85,000. Refugee number 85,001, no matter how desperate her case, must wait until the next year.

    In contrast, among Syrians alone, Canada in 2016 took in about twice as many refugees as the United States. Some 25 percent of the entire population of Lebanon are refugees. Germany expects to admit 300,000 refugees from various nations in 2016, following close to one million in 2015.



    Discrimination by Nationality

    Following the 1965 Immigration and Naturalization Act, 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful to ban immigrants (i.e., Legal Permanent Residents, Green card holders) because of “nationality, place of birth, or place of residence.” The law however allows banning nonimmigrants such as tourists or students, as well as refugees, for almost any reason. Challenges to this are near-impossible. American courts have consistently upheld that they cannot exercise judicial reviewability over visa decisions made abroad in the specific, and more broadly, generally do not extend the protections of American law to foreigners outside the U.S. The Supreme Court has also long-acknowledged immigration law’s “plenary power” doctrine, which generally immunizes from judicial review the substantive immigration decisions of Congress and the executive branch.

    And even though legal immigrants are not banned by nationality or place of birth per se, restrictions on the number of legal immigrants from certain nations are limited to the point of near-virtual bans. For example, the restrictions are such that some Filipino and Mexican relatives of American citizens face a 24 year wait (another Orwellian term, “priority date”) for a Green card. It is not uncommon for applicants to pass away before their turn comes.



    Fear Itself

    However, the most evolutionary aspect of Trump’s executive action on immigration, and the inevitable hardening and expansion of such positions, is the underlying driver of it all: fear.

    The government of the United States, from September 12, 2001 through the present day, has constantly fanned the flames of fear of terrorism. Despite the well-known statistics of how an American here at home has a greater chance of being struck by lightning than dying in a terror act, that following 9/11 only a handful of Americans have fallen victim to acts of terror inside the United States, and despite the fact that few of any terror attacks inside the Homeland were committed by the poster child of fear, the foreign terrorist who infiltrates the U.S. specifically to do harm, Americans remain terrified.

    For over 15 years, three presidents have used fear (they called it security) as a justification for, well, nearly everything. And Americans bought the line nearly every time. Fear of the smoking gun being a mushroom cloud. Fear of terrorists slipping through the net justifying NSA spying on Americans. Fear of more terrorism justifying torture, drone attacks, leaving Guantanamo open, militarizing Africa, having us take our shoes off at the airport, not being able to bring a bottle of water on a plane, no longer being able to enter a growing range of buildings without some sort of security check and bag search, background checks, showing ID, and the No-Fly list. 30 American governors said they’d refuse to accept Syrian refugees into their states if they could.

    Trump’s use of executive orders to accomplish his immigration goals is also nothing new. Both Bush and Obama did the same. In fact, Franklin Roosevelt used an executive order to establish the World War II Japanese internment camps.



    The Ugly Truth

    Of course nothing Trump has done or has proposed regarding immigration will realistically make America safer. That is true, and it is irrelevant. Like much of the security theatre that has become normalized post-9/11, safety is not the point. Keeping fear alive and maintaining the politically-driven myth that government is on the job protecting the Homeland is what matters. Trump knows this, as did Obama and Bush.

    The ugly truth is despite the airport protests, a large number of Americans remain afraid of foreigners and want what Trump did. The ugly truth is there is unfortunately nothing here unique to the Trump era.



    BONUS: Those who focused last weekend on the two Iraqis who translated for the American military in Iraq at great risk to their lives and were detained at a New York airport may wish to read about the decades-long struggle of translators from Iraq and Afghanistan to escape those nations for fear of their lives, and the poor treatment they have received at the hands of now three administrations.


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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    What Will Rex Tillerson Inherit at the State Department?

    February 2, 2017 // 39 Comments »


    As Secretary of State, what will Rex Tillerson inherit at the State Department?

    The media has been aflame recently trying to stretch the facts — personnel changes and some unhappy employees in the midst of a major governmental transition — to fit the narrative of a State Department on the verge of collapse. But while rumors of the State Department’s demise are largely exaggerated, the organization may yet find itself shunted aside into irrelevance.

    There has been a lot of hot-blooded talk about Donald Trump and the federal workforce. The media once claimed Trump would not be able to fill his political appointee positions, and then suggested employees might resign en masse before he even was inaugerated. Another round of stories fanned panic that Trump had dumped his existing ambassadors, when in fact it was only the Obama-appointed ones who tendered resignations by tradition, as happens every four years.

    Then only last week the Washington Post published a bombastic story claiming the State Department’s entire senior management team had resigned in protest. The real story, however, was that all/most of the six were de facto fired. Several were connected to the Clinton emails or Clinton’s handling of Benghazi. One of these people, Pat Kennedy, played a significant role in both. These were not protest resignations, they were housecleaning by the new boss in town.

    As for plunging the State Department into chaos, the loss of six employees is not going to bring on Armageddon. Reports that these people represent “senior management” at State confuse terms. Because of the odd way State is organized, four of the six work in the Management Bureau, M in State talk. Kennedy was the head of the Bureau. The four play varying roles and collectively are not the senior management of the State Department. Two work in other parts of the Department directly tied to Obama-era policies likely to change under the new administration.

    In addition, all six persons come from offices with a deep bench. It is highly unlikely that any of the work of the State Department will be impeded. This is all part of the standard transition process. The same applies to embassies overseas that lost their Obama-appointed ambassadors.

    The latest Chicken Little reporting concerns “dissent” messages circulating within the State Department, aimed at Trump’s executive order on immigration; one media outlet characterized this as a “revolt” waiting for Tillerson on his Day One.

    Such bombastic language misses the mark completely. Though State’s internal process requires a response from senior leaders, they have 60 days to provide it, it is not public, and if experience serves will almost certainly be of the “we acknowledge your concerns” content-free variety.

    Others feel that while having no practical impact on policy, such dissent measures the state of employee thought, and there may be some truth to that. The average State Department Foreign Service officer has served 12 years, meaning a large number have never worked for any president other than Barack Obama and more than half have seen only the current presidential transition.

    These employees have never had their oath of service to the Constitution, not to Barack Obama or Donald Trump, tested. Government carries out the policies of the president on behalf of the United States. It’s called public service for a reason. Those concerned because the wrong candidate won are probably simply learning they are in the wrong business. Though indelicate in his phrasing, White House Press Secretary Sean Spicer was actually only expressing a version of official policy when he said of those diplomats they “should either get with the program, or they can go.”

    As a reality check, out of a workforce of thousands at the State Department there were only three resignations of conscience over the 2003 Iraq War, one other related to Afghanistan. There were no publicly known resignations related to torture, Guantanamo, drone assassination or any of the other horrors of the War on Terror stretched across two administrations. The last time more than a handful of diplomats resigned in protest was at the height of the Vietnam War.

    So it is without much evidence that Rex Tillerson will walk into a State Department weakened by dissent. But what he may preside over is an institution largely devoid of relevance, and suffering budget and personnel cuts in line with that.

    The signature issues Secretaries Clinton and Kerry supported — women’s and LGBTQ rights, social media messaging, soft power, climate change — are unlikely to get much attention under the Trump administration. In addition, given State’s role in hiding Clinton’s email server for years, and then slow-walking the release of her emails until ordered by the courts to speed up, it is doubtful there is good will and trust accumulated from the campaign. Foreign policy has increasingly gravitated under Bush and Obama deeper into the military, National Security Council, and the Oval Office anyway. None of that is likely to change.

    Kerry’s original legacy issue, peace in Syria, is literally in flames. The United States was not even invited to the Russian-Turkish brokered peace talks, and there is little stomach anywhere for deposing Assad and generating more chaos. Kerry’s second shot at legacy, the Iran nuclear accords, seem destined to at best merely linger around if it does not just collapse. Iraq and Afghan policy, such as it is, appears mostly in the hands of the Pentagon, and Trump has chosen a powerful, experienced Secretary of Defense. No side sees the U.S. as an honest broker in the Israeli-Palestinian conflict. Issues with China will fall into the lanes of trade and defense. It appears big-picture policy toward Russia, Mexico and elsewhere will be run directly out of the Oval Office.

    At the same time, Trump’s federal hiring freeze has already impacted State. Even before the freeze there were more military band members than State Department Foreign Service Officers. The whole of the Foreign Service is smaller than the complement aboard one aircraft carrier. Yet Paul Teller, Trump’s liaison to the right wing of the House Republican Party, has already spoken of cutting back further on the number of America’s diplomats. If employees do leave on their own, or, more likely, stay at their desks in zombie state waiting out their pensions, that will only make State less useful to anyone in Washington.

    What’s really left for State to do?

    Tillerson will find himself in charge of a Cabinet agency is search of a mission. He may very well end up somewhere between the traditional ceremonial role of the Vice President, attending conferences and funerals, or perhaps simply overseeing his network of embassies serve as America’s concierge abroad, providing cover stories for the intelligence community, arranging official visits for fact-finding Members of Congress, and hosting senior Washington policy makers in town to do the heavy lifting of international relations. State will still hold the monopoly inside government on things like Sports Diplomacy and paying for reality TV shows in Niger to influence those there with TVs.

    If that all doesn’t sound like a very attractive job, you’re right. It’s difficult to imagine Tillerson sticking around for four years. Who knows, the resignation out of the State Department that attracts the most attention of all might be his.




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    Posted in Military, Trump

    The Emoluments Clause, Impeachment, and Trump: An Explainer

    January 30, 2017 // 42 Comments »


    Many of the Wikipedia-driven insta-experts on the Electoral College are now transforming into insta-experts on the Emoluments Clause, claiming the Clause can be used to impeach President Trump. But it is not that simple. What is the Clause, and in practical terms, how might it affect Trump?


    Save Us Please, Emoluments Clause!

    Deep inside Article I of the Constitution are a handful of lines called the Emoluments Clause, intended to bar office holders from accepting gifts (the full definition of emolument includes a salary, fee or profit from employment or office) from foreign sovereigns, including in the language of the 18th century, kings and princes. The Founders’ intent was to prevent foreign influence buying.

    Insta-experts seem to be circle-logicing themselves into believing Trump will be in violation of the Emoluments Clause literally as he takes the oath of office, and thus impeachment proceedings can follow, all because of his global business interests.

    But unlike most everything else in the Constitution, issues connected to the Clause have never gone before the Supreme Court, there is very little case law, and very little legal study. It has simply not come up in any significant way. Journalists have discovered the Clause, however, and now are promoting it as a way to defeat President Trump.

    The problem is that much of what is being written appears to come from Clinton supporters in denial. The election failed, the recounts failed, the move to sway faithless Electors failed, the sludge of Russian allegations failed, Meryl Streep failed, and Beyonce not pole dancing at the inauguration failed. All that stands between democracy and the abyss is the Emoluments Clause.

    Luckily, there are non-partisan sources out there, including the American Bar Association, and the National Constitution Center. Before wading through your next fake news article, let’s synthesize some of what has been said about the Emoluments Clause.


    The Emoluments Clause

    The Clause is aimed at governments, those kings and princes, seeking to influence the United States. It has nothing to say about 21st century life, such as Trump’s companies doing business with entities controlled in whole or part by foreign governments (state-owned businesses, such as the Bank of China, as is common in many parts of the world.)

    The Clause is also untested in regards to complex corporate ownership. It is common in the media to state matter-of-factly “Donald Trump owns a hotel in Dubai.” Yet most of Trump’s business, like most corporate business in general, is done through a web of companies that are legal entities of their own. Some involve stockholders, some in which Trump holds a minority position. Similar questions would likely have been asked about foreign government donations to the Clinton Foundation had Hillary been elected president. None of this existed when the Clause was written, and all of this requires a 21st century judicial interpretation.

    Emoluments are more complex than simply doing business overseas. The Clause may allow for fair market price transactions, for example. So, if a piece of real estate is legitimately (and yes, we’ll argue over that word) valued at $100,000, it is not a bribe or a representation of influence to sell it for $100k. It would be more questionable to accept $150k. Some have claimed if a foreign diplomat stays at a Trump hotel, the standard room price paid would violate the Clause. That’s a question of legal exchange; if Trump accepts money from Iran to remove sanctions, that’s a bribe. If a Trump hotel collects money for a night in the bridal suite, that’s a simple exchange of goods and services. Does the Emoluments Clause apply?

    Some legal scholars argue the Emoluments Clause doesn’t apply to the president at all. A different clause of the Constitution makes bribery an impeachable offense. That clause specifically mentions the president by title, while the Emoluments Clause does not. In addition, other parts of the Constitution that specifically address the president typically include a separate delineation for “officials,” the wording used in the Emoluments Clause.

    That all suggests emoluments may exclude the president. However, precedent suggests the Clause does apply. George Washington was allowed to accept a foreign gift, Andrew Jackson was not, and Martin Van Buren had to agree to a 50-50 split with the State Department over gifts from the Imam of Muscat. And in 2009 the Office of Legal Counsel said President Obama could accept the Nobel Peace Prize money without violating the Clause. But all four men asked for an OK ahead of time. There was no actual challenge, and none of the cases involved doing business.

    Another issue is standing, who can sue over any of this to get it into the courts for a ruling. One legal professor feels no one seems to have such standing, and so states “if there are concerns about how President Trump handles his various investments, the only remedies will be political.” Meaning vote him out of office in the next election if you don’t like what he’s doing.

    There are also those who skip most of the legal arguments, and focus on the so-called larger picture; clearly the Founders did not want the president beholden to foreigners. So never mind the parsing of words, the Emoluments Clause was written precisely to stop a person like Trump.

    In terms of practical matters, the less Trump makes public about his business dealings, the less chance anyone has of looking into any of this. Congress can’t even think about impeachment unless there is a “high crime or misdemeanor” involved and a Trump business deal per se is far from definitive evidence of that. Impeachment involves a lot of people in Congress agreeing on moving forward, and Congress for at least the next two years is controlled by the Republicans.

    And should anyone find a way to pursue it, it would be easy for Trump’s side to drive the issue through the courts for some time, and, because it ultimately involves interpretation of the Constitution, to the Supreme Court.


    Bottom Line

    There are mostly questions and very few answers about the Emoluments Clause. There are also legitimate concerns over conflicts of interest during the Trump administration; no president in history has come into office with as vast and complex financial holdings. Modern presidents have bypassed all of this by using blind trusts, something Trump has said he will not do. This is clearly uncharted legal and political territory.

    That said, it appears use of the Emoluments Clause to impeach Trump is another Clinton martyrdom political fantasy. Any clarification will involve extensive travel through the court system, and given the initial question of who even has standing to pursue that, nothing can happen quickly, if at all.

    (Peter Van Buren, a 24 year State Department veteran, is the author of “We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People.” His next book is “Hooper’s War: A Novel of WWII Japan.” @WeMeantWell)



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