Sticking with the 2015 Joint Comprehensive Plan of Action, the Iran nuclear agreement

December 5, 2017

JOPAC was the multi-national 2015 Joint Comprehensive Plan of Action, known as the Iran nuclear agreement. I’m happy to say that I’ve never been closer to nuclear weapons than listening to my chemistry professor, himself part of the Manhattan Project that created the first A-bomb, talking about them. My cousin Mimi worked at the Oak Ridge National Laboratory but all she could tell me was that she was there. Happily she lived into her 90s. But I have had some experience in Iran.

I was teaching at Pahlavi University, now called something else. Someone was sent to oversee the University. We were all warned to stay away from him. He wasn’t trustworthy. But this brash yours truly thought he knew better so I called on him. He was an economist. I had an article about the difference between Iranian and Turkish economic success to show him. He was of course interested.

Suddenly no one would talk with me. Not a word. I finally cornered someone and insisted he tell me why. He accused me of having called all Iranians liars. I remembered that on the first page of the article, Harvard Prof. David McClelland, with whom I had corresponded, criticized vague and unscientific statements about Iran like “All Iranians are liars.” McClelland set out to study Iran much more precisely. The young man I had cornered had good enough English that he understood exactly what had happened. All of a sudden people talked to me again – as if nothing had ever happened.

Would it have been better if I’d followed orders? Probably but it didn’t hurt that I had exposed the distortion of what I had said. Just as clearly, lots of people there took truth seriously.

Iran is a negotiating culture. You negotiate over everything, from carpets to the seams in a coat you’re having made. When I was getting ready to leave, I sat down with a Persian friend to sell him some of my record collection. He assumed I wouldn’t negotiate but would name fixed prices. I assumed he would negotiate so I asked for more than I wanted. When I realized what had happened, I reverted and gave him the records for much less than we’d agreed. Neither of us wanted to take advantage of the other. But if he’d negotiated as expected, I would never have thought him a liar. It’s just about conforming to culture and how things are done.

The Peace Corps Iran Association, or PCIA, composed of people like myself who served over there, has taken the position that “the Iran nuclear agreement [was a] historic and … excellent example of the success of diplomacy to resolve a major, contentious issue that threatened regional and world peace. As has been certified by the International Atomic Energy Agency … tasked … in the agreement to monitor and verify Iran’s compliance … Iran is abiding by the agreement. United States security agencies have confirmed the IAEA assessment.”

PCIA “urges the United States and Iran, along with the other parties to the agreement, to continue to uphold and abide by the agreement and to take no action that would violate the agreement.” PCIA concluded that both the United States and Iran should keep their word. Incidentally, Ambassador John Limbert, who was one of the U.S. Embassy hostages held for a year and a half, instead of being filled with bitterness and reaching cavalier conclusions about the country, told us at a recent conference of former Peace Corps Volunteers who served there, that he too, urges that we stay the course.

— This commentary was broadcast on WAMC Northeast Report, December 5, 2017.

 

 

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My introduction to Iran

November 10, 2017

With Iran in the news I’ve been remembering my own introduction to the country. Our group of Peace Corps Volunteers arrived in Iran in winter, after the semester had begun where we were supposed to teach. We were taken to the home of Prime Minister Hoveyda and stood there not knowing what to do or say. As it happened, I was standing next to the Prime Minister. Looking down, I realized we were standing on a magnificent Persian carpet.

We have a friend here who admired the carpet of another Iranian who instantly responded it was his. Sure enough, when our friend Bob got home, there was the carpet, rolled up and leaning against a corner. Bob was beside himself, not knowing what to do. But his friend showed up a few days later and admired the carpet. It’s yours, Bob quickly responded and the carpet was returned to its proper home. But I didn’t know that in the Prime Minister’s house and barely understood their system of etiquette.

I’ve since learned that it’s risky to make small talk with someone much higher on the social ladder – in any country. But I didn’t know that yet.

So I admired the Prime Minister’s carpet. Understanding American culture much better than I knew Iranian culture, Prime Minister Hoveyda dropped to the floor, motioning me to join him. He then turned over a corner of the carpet and gave me my first lesson in distinguishing the quality of Persian carpets, turning what could have been my intense embarrassment into a warm introduction to Iran.

Our next stop was Shiraz, near the ancient capital of Persepolis, in the desert over four hundred miles south as the crow flies or something like nine hours by car or bus. We went to what was then named Pahlavi University, designed to be an American style institution. All but one of us had graduate degrees so that we could teach there. The students were required to speak English and spoke it reasonably well.

But this country hadn’t told Iranian authorities who was in our group, or what we were qualified to teach. University officials had asked for natural scientists and one art historian, understanding that art historians were broadly trained and could be versatile. We had an art historian and people in the natural sciences. But we had an equal number of people in social science, economics, history, law and politics. The Peace Corps, and the late President Kennedy, wanted to get Americans over as soon as possible. So who was available determined who we sent. That was a problem, however, so Peace Corps and diplomatic personnel neglected to convey the information.

Therefore we were taken to the Provost’s office. He assembled the heads of each of the departments at the University. After he explained the situation, he asked department chairs which of us they could use. Since their semester had begun, we would be underemployed for a while, but our hosts were gracious in helping us get our feet on the ground. By the end of the semester we enjoyed many friendships among faculty and students. Our welcome was warm even if a bit chaotic.

— This commentary was broadcast on WAMC Northeast Report, November 7, 2017.

 

 


Is America For Sale? Is Trump Motivated to Sell Us Out?

June 20, 2017

Two lawsuits have now been filed over Trump’s violation of the emoluments clause.[1]

Emoluments is an eighteenth-century word rarely heard before Trump became president. It’s a rare president who ever came into office with assets that could motivate him to sell us out. And still rarer the president who refused to give up all interests in such investments. But Trump has refused to sell his assets or put them in a blind trust. His assets therefore are at risk here and abroad and their value is closely related to Trump’s dealings with foreign powers and domestic corporations and investors.

Foreign governments understand how to press his buttons. Like any lobbyist who curries favor with those in power, these governments understand that they may get better treatment if they patronize his enterprises. China granted numerous trademarks and other business advantages to Trump enterprises. Officials from China and many other countries use his hotels, lease or buy facilities from him, dine at his restaurants and thereby shift substantial amounts of money to him as well as help him publicize his Mar-a-Lago resort in Florida. All of this has raised the market value of Trump’s properties as all these foreign and domestic supplicants want to show Trump how they can feather his nest.

Now Trump has reversed positions he took during the campaign and his first weeks in office toward his foreign and domestic business partners and authorities. He reaffirmed the one-China policy, and backed off China’s expanding control over the South China sea. Trump abandoned his criticism of Saudi Arabia, and fell solidly behind it in a dispute with Qatar, where the U.S. has its largest regional base. Trump consistently excludes Saudi Arabia from his immigration bans though Saudis have dominated the terrorist events of the past two decades.

Was that because it was good for America or because foreign governments and officials gave him the rights he wanted for his enterprises abroad. With Trump we can never know.

The name for Trump’s behavior is corruption. Corruption includes using public power to gain personal wealth or profit, or accepting benefits that could lead a public official to take action contrary to the public interest. It’s almost impossible to prove a bribe – I’ll do this for you if you give me that. Politicians, lobbyists and other supplicants avoid the language of a deal and let the quid pro quo be inferred and implied. Numerous federal, state and local statutes prohibit public officials from accepting anything of value precisely because the quid pro quo is never stated but  always understood.

Whether Trump’s motives are pure or disgusting, he is in fact showing everyone how private advantage can be extracted from public office and laying America open to corruption. In many countries you get no help from government officials without bringing ever more costly “presents” to them. Trump’s behavior threatens to extract our energy and innovation for the benefit of Trump, his family and friends. That’s the essence of corruption and corrupt governments reduce their peoples to beggars.

This country worked hard to ensure an honest, dedicated, civil service. Despite all the jokes about government employees, our civil service has been the envy of most of the world. All of us will pay for Trump’s private empire.

— This commentary was broadcast on WAMC Northeast Report, June 20 2017.

[1] Citizens for Responsibility and Ethics In Washington v. Donald J. Trump, U.S.D.C., S.D.N.Y., Jan. 23, 2017, https://s3.amazonaws.com/storage.citizensforethics.org/wp-content/uploads/2017/01/23140054/CREW-DJT-Final.pdf and District of Columbia v. Trump, US.D.C., D.Md., June 12, 2017, https://www.nytimes.com/interactive/2017/06/12/us/politics/100000005161070.mobile.html. And see Jackson Diehl, China and Saudi Arabia have seduced Trump into being their sweetheart, Washington Post, June 11, 2017, https://www.washingtonpost.com/opinions/global-opinions/china-and-saudi-arabia-have-seduced-trump-into-being-their-sweetheart/2017/06/11/d4001330-4c67-11e7-a186-60c031eab644_story.html?utm_term=.dae3f8d62c7a, Sui-Lee Wee, Trump Adds More Trademarks in China, New York Times, June 14, 2017, B5, available at https://www.nytimes.com/2017/06/13/business/trump-china-trademarks.html, and David Marsh, Trump’s China First Policy, MarketWatch, June 6, 2017, http://www.marketwatch.com/story/trumps-china-first-policy-2017-06-06.

 


Iran, Hardliners and Peacemakers Here and There

May 31, 2017

Our love for our country and recognition that we have many big-hearted citizens sometimes lulls us into assuming that we act appropriately on the world stage. But ignorance too often breaks the connection between good intentions and smart behavior. Iran emerged from World War II with a parliamentary government and a democratically selected Prime Minister. But the British and Americans didn’t like his stand on oil – he wanted a larger share of the profits for his own country. At Britain’s urging, we helped stage a coup that took him down and reinstalled the Shah of Iran. Initially, the Prime Minister got wind of the coup and defeated it. But, in the American Embassy, a second coup was planned and executed. In 1953 the Shah of Iran was reinstalled and this country took credit for it.

That was too bad. There was and is a lot of admiration in Iran for European and American ways. The very fact that they had a democratic government reflected that. The legal system and the school system reflected French approaches. But the Persians did not admire our unseating Prime Minister Mosadegh. And they knew and did not forget the role of the American Embassy in bringing that plot to fruition.

Americans in Iran felt the crosswinds. There was a great deal of respect for this country and our ideals. Americans were largely welcome. Women in the Peace Corps covered up and men they knew often protected them from any inappropriate behavior by others. Some of the men in the cities were more conflicted but villagers I met were particularly welcoming.

The Revolution in 1979 had little or nothing to do with America despite some of the language coming from the clerics. Americans had felt the rising anger toward the Shah in the years before the Revolution and Peace Corps postings ended three years before the Revolution.

With the Revolution secured, it should have been easy to arrange freedom for the American hostages. But unlike former presidents who dealt with hostages, Carter magnified the event instead of cooling it off, which gave Reagan the opportunity to arrange the delay of their release until his inauguration. The result has been a much more fraught, angry and distrustful relationship than it should have been. In effect, the American role in the 1953 coup is still having repercussions in Iran and in the Middle East.

Obama took a step toward cooling down the enmity with the nuclear deal. And most recently, the Iranian people have rejected the desire of the clerics for the second national election in a row in favor of a president who is more open to working with the West.

But the background of hostility makes that hard. They remember Mosadegh and we remember the hostages. The rhetoric coming from hardliners in each country remains very harsh. The House has just voted to impose new sanctions just when Iranians have rejected their hard-liners and the Senate may be preparing to follow suit. But Trump has an opportunity if he is aware enough to see and grab it. He can strengthen the pro-western public in Iran by toning down the rhetoric, engaging in tactful diplomacy and taking advantages of opportunities to make mutually beneficial deals with Iran, or he can be Trump, call names, and burn the enmities in for another century.

— This commentary was broadcast on WAMC Northeast Report, May 30, 2017.


Peace Corps and Legal Services

April 11, 2017

The Trump Administration hasn’t included the Peace Corps in its proposal for fiscal year 2018. It proposed cutting the international affairs budget by nearly a third.[1] It struck funding for the Legal Services Corporation which provides funds for poor people to defend what little they have. And, as we are all aware, it has advanced its war on truth by trying to cut the budget of National Public Radio. None of that will save much in the budget but it will damage the country and make life coarser and less secure for the people in it.

On Feb. 27, 2017 “retired three and four star flag and general officers from all branches of the armed services” wrote congressional leadership “to share our strong conviction that elevating and strengthening diplomacy and development alongside defense are critical to keeping America safe.”

These generals and admirals told Congress from their own experience “that many of the crises our nation faces do not have military solutions alone – from confronting violent extremist groups like ISIS in the Middle East and North Africa to preventing pandemics like Ebola and stabilizing weak and fragile states that can lead to greater instability” as well as “refugee flows that are threatening America’s strategic allies in Israel, Jordan, Turkey, and Europe.”

These military officers made it plain that “The military … needs strong civilian partners in the battle against the drivers of extremism– lack of opportunity, insecurity, injustice, and hopelessness.” From their experience, “The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way.…”

The Trump Administration’s blueprint for FY2018 for 150 international affairs budget functions included no budget proposal for the Peace Corps. According to the Congressional Research Service, the nearly quarter of a million Peace Corps Volunteers who have served in 141 countries provide a form of “public diplomacy” for America, not to mention the “short-term … [postings for] emergency, humanitarian, and development assistance at the community level … including post-tsunami Thailand and Sri Lanka and post-earthquake Haiti.”. And they bring back with them and help the rest of us understand other parts of the world that few of us get to see. Both the specific attack on the Peace Corp and the general attack on diplomacy are part of the foolish short-sightedness of the current Administration.

Apparently the Administration doesn’t like poor people in the United States any more than abroad, as it made clear by trying to end the Legal Services Corporation. In commentary in the Times Union, Dean Alicia Ouellette of Albany Law School just stuck to the facts:

“People facing life-altering crises — parents losing custody of their children, families facing wrongful foreclosures, veterans wrongly denied benefits, the elderly scammed of life savings by fraudulent businesses, farmers struck by natural disaster — need the help of lawyers.”[2]

But for the Trump Administration, if you’re too poor to hire an attorney, you don’t deserve justice.  It’s not just the people who are deprived of their rights; it’s the public as well. According to a Massachusetts study, government funding of various types of legal representation showed returns of from two to five times the amount expended on counsel, depending on the area of legal services, not including the very significant benefits to state residents.[3] Those benefits can be very significant. Dean Ouellette cited a study by the New York City Bar Association showing savings to the city of more than half again the cost of providing legal help to people who can’t afford it in a variety of non-criminal matters. Other studies similarly show that the cost of erroneous convictions vastly exceeds the cost of providing counsel.[4]

For this president, no injury to the public or to the vulnerable is too great.

— This commentary was broadcast on WAMC Northeast Report, April 11, 2017.

[1] Congressional Research Service, https://fas.org/sgp/crs/misc/RS21168.pdf.

[2] http://www.timesunion.com/tuplus-opinion/article/Funding-legal-services-for-the-poor-benefits-all-11049978.php.

[3] INVESTING IN JUSTICE A ROADMAP TO COST-EFFECTIVE FUNDING OF CIVIL LEGAL AID IN MASSACHUSETTS, A REPORT OF THE BOSTON BAR ASSOCIATION STATEWIDE TASK FORCE TO EXPAND CIVIL LEGAL AID IN MASSACHUSETTS, at 19-24 (2014) available at http://www.bostonbar.org/docs/default-document-library/statewide-task-force-to-expand-civil-legal-aid-in-ma—investing-in-justice.pdf.

[4] James R. Acker, The Flipside Injustice Of Wrongful Convictions: When The Guilty Go Free, 76 ALB. L. REV. 1629, 1631-36, 1708-09 (2012/2013).


The Legacy of Barack Obama

January 3, 2017

Barack Obama has been one of our most decent and intelligent presidents. I’ll miss him. Instead of simplification and slogans, Obama explained the complexities of everything from medical treatment to foreign policy. Instead of shooting from the hip, he studied problems carefully and reached mature, intelligent decisions.

But what will stick?

Starting with foreign affairs, Obama got most of the boots off Muslim lands. When Obama took office in 2008 we had close to 200,000 soldiers in Iraq and Afghanistan. Now we have about 15,000 troops, combined, there and in Syria.

ISIS seems to have refocused on Europe but that’s still a problem for us. Europeans’ objectives are compatible with our own, so they are crucial allies, unlike the Russians. But Europe confronts many times more refugees than we do, with backlash and threats to democracy in several countries. American action in Syria added to the refugee flow, but much resulted from revolutions independent of us. More American militarization in the Arab world would inflame the refugee crisis and increase the terrorism directed at us.

Terrorists are fueled by militarization; nations are much more vulnerable to our military – that’s the difference between defeating Saddam Hussein, having him executed and trying to remain there. Trump may talk tough, but will he be fool enough to wade back into those trouble waters?

In Guantanamo, fewer than 60 prisoners remain of the nearly 800 who were imprisoned there.

Republicans dislike the Iran nuclear deal but so far they’ve nothing to show for their fears. Objections from the other signatories may prevent Trump from disavowing it. This may be the first real test of whether Trump has any grip on reality.

At home, Republicans have been yelling for years that they will tear Obamacare down the first chance they get. But their friends in the insurance industry will howl if they do, especially if Republicans leave features Americans like – a guarantee that you can get insurance, coverage for pre-existing conditions, tax credits for small businesses, etc. So it’s not clear what they’ll actually do. Obama took his health care plan from Mitt Romney’s Republican plan. I can think of improvements to the left of Obamacare, but not any that are more consistent with Republican free-market philosophy. Republicans are in a pickle.

Obama got a small stimulus soon after taking office. Terrified it might actually work, Republicans fought to keep it small. Obama’s stimulus worked, slowly, satisfying the cynicism of Congressional Republicans willing to hurt the country in order to make Obama look bad.

Dodd-Frank financial regulation still stands, reigning in a financial system that gambled with everyone else’s money and made a large number of us much worse off.

Obama nominated Sonia Sotomayor and Elena Kagan to the Supreme Court. One has become the conscience of the Court, the other quieter and more conciliatory. Together, they’ve made a the Court much more fair. The future depends on how long Ginsburg lives and how long Trump is in office. The difference Ginsburg, Breyer, Sotomayor and Kagan made could disappear in a heartbeat.

So, there’s a lot to celebrate in what Obama did or tried to accomplish. But I have real fears of what could be done in the effort to discredit him instead of making things better for the people of America.

— This commentary was broadcast on WAMC Northeast Report, January 3, 2017.


I signed this letter.

September 8, 2016

I signed the letter below along with more than 200 of the top legal and economic experts in the country protesting against ratifying any treaty that contains the private dispute mechanism, called ISDS, that allows corporations to defeat major environment and worker protections of the countries signing the agreements. Here are U.S. Senator Elizabeth Warren’s remarks in support:

“Today’s letter from top legal experts makes clear: ISDS undermines the American judicial system and tilts the playing field further in favor of big multinational corporations…This provision empowers companies to challenge laws and regulations they don’t like, with friendly corporate lawyers instead of judges deciding their disputes. Congress should not approve a TPP agreement that includes ISDS.”

And here’s a link to the final letter I signed.
Steve


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