Disloyalty if not Treason

November 12, 2019

The U.S. was the world’s most powerful country when Trump took office. Though we couldn’t control everything, we influenced outcomes all over the world. Then Trump pulled us out of the Trans-Pacific Partnership, leaving China the dominant player in the Pacific. He withdrew from the multi-power nuclear agreement with Iran, leaving Iran to reorganize its nuclear ambitions to meet its new security situation. Bizarrely he keeps claiming Iran must abide by the agreement even as the founders of our country would have explained to him that breach by one party to an agreement terminates the other’s obligations to it. He withdrew from the Paris climate agreement, not only undermining the international effort to limit global warming, but undermining other countries’ willingness to count on American promises. And he withdrew from the Intermediate-Range Nuclear Forces Treaty with Russia, inviting Russia to restart the nuclear arms race.

He publicly questioned the value of the two major institutions formed to keep the Russians in check – the European Union which strengthened and unified Europe as a counterforce to Russia, and NATO, the military alliance between the U.S. and the European countries outside the Russian orbit, famously dubbed the “Iron Curtain” by Winston Churchill. He urged letting Russia back into the economic organization of major economies despite having been kicked out because of the Russian invasion of Crimea. He pushes Putin’s proposal that Ukraine virtually give Russia back its eastern provinces, the ones Russia had invaded until the West pushed back. And he has just invited the Russians back into Syria and a major role in the Middle East. In reality, Trump is being impeached because he keeps helping Russia.

I know there are people who call themselves super patriots who believe the US would be better off able to make its own independent decisions. What that means, of course, is that we will no longer have the trust and confidence of other countries who will no longer see us as reliable allies. When we do our best to isolate Iran, we think of it as a punishment, but when we do it to ourselves, it’s supposed to be a great advantage.

Yes, we think of ourselves as a superpower, but how much of the world can we take on alone? We didn’t win World War II alone. We certainly had the major role in the Pacific but those of us who lived through or studied the War, know that Russia did most of the fighting in Europe. So there is a large cost to isolating ourselves and convincing our allies that they can’t rely on us. If they can’t rely on us, then they can’t be reliable for us. They have to seek their own advantage.

In sum, Trump has enormously weakened America. It’s bad enough if he did it out of stupidity. But it’s disloyal if he did it for his own advantage. And since Russia can clearly be described as an enemy of the US, even though we’re not now making war against each other, we would be justified in calling that treason.

Let me suggest that you read and think about Art. III, sec. 3, of the Constitution:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

Whether or not it fits the definition of treason, weakening America for the advantage of Russia and China is certainly disloyal. As Hamilton explained in The Federalist, the basis for impeachment is “the abuse or violation of some public trust.”[1] No abuse of public trust can be more serious than disloyalty to America for the benefit of a foreign power.

  • Broadcast on WAMC/Northeast Public Radio on Nov. 12, 2019

[1] Alexander Hamilton, James Madison and John Jay, The Federalist, No. 65 (Hamilton) at 396 (Clinton Rossiter ed., New American Library 1961); and see Peter Charles Hoffer and N.E.H. Hull, Impeachment in America, 1635-1805 chronicling the development of impeachment from English precedents through the Founding Era in America (Yale U. Press 1984).

 


Take America Back

March 18, 2019

It is painful to see the forces of hate killing men, women and children on many continents and here in many states, in schools and public places, taking apart the work of what we have been honoring as the greatest American generation who spilt their blood for the America they loved. It is painful and frightening to see the effort of the alt-Wrong to rip apart the free world that this country took the lead in creating. It’s painful to see terrorists crediting an American president as their inspiration for murder.

When I was a small boy, American men were fighting, and dying, in the Pacific, Africa, Italy and, after the landing in Normandy, through France and Germany. They were struggling for freedom, democracy and brotherhood. As the war ended, Truman sent Franklin Roosevelt’s widow, Eleanor Roosevelt, to the UN. Truman sent her there to make clear to the world the depth of America’s commitment to building a robust and sustainable free world. She chaired the seventeen-­member UN Commission on Human Rights and led that body in the development of the UN Universal Declaration of Human Rights. You could have drawn much of it from our own Constitution. These were American ideals on the world stage.

In 1948, the Supreme Court under Chief Justice Vinson held racially restrictive covenants unconstitutional. Then in 1952 the NAACP brought five cases to the Supreme Court challenging segregation and seeking to overrule Plessy v. Ferguson, the case that had upheld segregation in 1896. The Truman Administration told the Court that the US was being attacked around the globe because of segregation and that segregation complicated American foreign policy. Obviously important, the case was reargued after President Eisenhower took office and Chief Justice Vinson had died. Eisenhower’s Justice Department submitted its own brief to the Court, and it underscored the arguments of the Truman Administration that this country needed to end segregation. The Supreme Court agreed; in Brown and a series of cases it made clear that American government could make no distinction of race, creed or heritage in its treatment of Americans.

Americans cheered Brown and made clear it was a popular decision. We believed what they said in the Declaration, that “all men are created equal.” Americans fought a Civil War over that principle. By the time of Brown, this country had embraced people like Jesse Owens, Marion Anderson, and Ralph Bunche among many others. With some obvious and vocal exceptions, Americans embraced the end of segregation. That is the America embraced the world over, admired for its principles and its heart. That is the America that took all of us to its heart regardless of which country our ancestors came from, which faith they brought. That is the country that our ancestors embraced with both love and pride, the America they wanted to be part of and contribute to. That is the America they wanted for us. That is the America we need to take back.

An America with neither mind nor heart clearly needs a trip to see a Wizard of Oz. An America with a man in a position of power who gloats that “I could stand in the middle of Fifth Avenue and shoot somebody” with impunity is an America which actually does need to deport someone, and to wall out the orange-haired imposter before he corrupts our genetic inheritance.

— A version of this commentary was broadcast on WAMC Northeast Report, March 19, 2019.


In the Wake of Atrocities is Moderation Possible

November 28, 2015

In the wake of murders like those in Paris, is it possible to talk about moderation? The impulse to kill is very strong. I know I’d feel it if it came close. And yet we know that many innocent men are put to death. And if an innocent person is executed, the killer, or killers, are still alive. And kangaroo courts or lynch law threaten everyone. The circle of murder can widen, as it did with the infamous Hatfields and McCoys. I’ve taught a descendent of the McCoys, actually a lovely young woman in West Virginia. But a murder turned into a war and decimated the families. Was that worth it – all the innocent lives. We are taught that two wrongs don’t make a right, but in the aftermath, do we have the strength to see that?

It was very difficult to oppose the war in Iraq. We know now it was a mistake, and one that did a great deal of damage, in the lives of innocent men and women, in destabilizing the region, in creating the opportunity for Daesh to thrive.

I’m terrified of the political pressure behind the hawks now. So-called collateral damage can cause a reaction that engulfs the world in flames. Our own reactions to the Paris bombing demonstrate the fact. Yet Daesh clearly hopes that we in turn will cause so much collateral damage that it will pull all the Muslims that oppose Daesh now into the fray to defend an Islam that seems under attack.

We should have learned by now that what matters in war is not what we think is justified, but what our actions produce. Lincoln understood that, calculating carefully how and when he used the slavery issue in the Civil War. Vietnam should have brought home to us that what people think matters. But the atrocities of some both in the Administration and carrying the flag in Iraq showed that the lessons of Vietnam didn’t reach everyone. Iraq continues to be a problem for us not only because it destabilized the region but also because the crude things that some people did in the name of America continue to inflame many people about us. It’s not about appeasement; it’s about pacification. It’s about keeping conflicts as small as possible. Every conflict isn’t about Hitler in 1938; sometimes the right analogy is to Versailles at the end of World War I when the victorious allies imposed punishments that radicalized the German people. Notice how differently the end of World War II came out, when the allies reaffirmed the rule of law and found constructive ways forward, not only for us but for the German people, not only the Marshall Plan but also the European Union which gave Germany both an important role and an important stake in the future of a united Europe.

That’s hard. That takes real statesmanship. Vice-president Biden’s comments Saturday impressed me. He started by identifying Daesh’s goals and then pointed out that we should not play into their hands by widening the war against Islam. Think of Daesh as holding a match and trying to start a fire or a detonator and trying to set off an explosion. Daesh by itself is infuriating. One commentator compared them to pirates. But without sparking that wider war, they cannot defeat us or any significant country. In this conflict, we have to respond with our heads, not our hearts. Like forest fighters, we have to contain the blaze before we can put it out. President Obama’s talk about containment was absolutely right. Thank heaven that we have a president who uses his head. The question is whether the American people can rise to the challenge of supporting a policy that’s based on intelligent calculations instead of emotional displays of power.

— This commentary was broadcast on WAMC Northeast Report, November 24, 2015.


On Corporate Privilege – Have They No Shame?

April 21, 2015

In a legal system which holds corporations responsible for virtually nothing, corporate power, hypocrisy and the wall of corporate shame keep growing.

Corporations put clauses in consumer contracts that make suing them useless and impossible. They make us sign those contracts for most of what we buy from the modern economy. The Supreme Court says OK on the fiction that we don’t have to sign the so-called agreements. As far as the Court is concerned, all we have to do is opt out of the economy and then no corporation can bother us.[1] If a dispute ever gets to a hearing, it is heard by arbitrators chosen by the corporate sellers.

Industry groups repeatedly argue that they have to put such abusive provisions in their contracts or they couldn’t give us a good deal. In other words, when people are down, their mortgages underwater, corporations should just keep kicking – they’re really just doing it for us.

That’s bad enough for people who are just trying to be treated fairly. But corporations have been getting the privilege of trashing rules protecting us from toxins and pollutants in favorably disposed forums. These are so-called investor-to-state dispute settlement or ISDS clauses in international trade agreements. Corporations can attack any rules that will cost them money, which of course means all regulation is vulnerable. Like the domestic arbitration clauses that the U.S. Supreme Court has blessed, “These challenges are not heard in a normal court but instead before a tribunal of private lawyers,” as the Alliance for Justice and many prominent attorneys have told Congress.[2]

There’s already an ISDS clause in the North American Free Trade Agreement, or NAFTA.[3] Corporations are trying to keep the ISDS mechanism in trans-atlantic agreements that multi-nationals will use against food and environmental laws here and in Europe, claiming they restrict free commerce.[4] Cecilia Malmstrom, the European Union’s trade commissioner, responded “We want the rule of law, not the rule of lawyers.”[5]

Describing the terms of the 12-nation trade accord for a Trans-Pacific Partnership for which Congress is considering fast track authority for President Obama, Jonathan Weisman wrote in the Times that it would “allow foreign corporations to sue the United States government for actions that undermine their investment ‘expectations’ and hurt their business,” using the business friendly ISDS procedure.[6] Once again that is poised to protect multinational corporations from food, health and environmental regulation.

In D.C., the coal industry is trying to convince the U.S. Supreme Court to block the Environmental Protection Agency from going ahead with procedures for strengthening rules preventing toxic emissions of mercury.[7]

Here at home, toy industry groups are suing against efforts of Albany County to ban the sale of toxic toys, with such poisons as lead, mercury and arsenic, claiming it’s a violation of the Constitution and federal statutes.[8]

Business repeatedly claims regulation isn’t necessary because they are honorable and we can trust them and the economy. But their choice of legal targets make clear what they really believe.

No one has the right or privilege to put toxins in us, in our air, water, or our kids’ toys. Have they no shame? It’s time we had a government, all of whose branches respected the rights of the rest of us.

— This commentary was broadcast on WAMC Northeast Report, April 21, 2015.

[1] See American Express Company v. Italian Colors Restaurant, 133 S. Ct. 2304, 2313 (2013) (Kagan, dissenting); Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006).

[2] Letter over the signature of many well-known law professors and sent by the Alliance for Justice to congressional leadership, available at http://org2.salsalabs.com/o/6539/p/dia/action3/common/public/?action_KEY=19342.

[3] NAFTA ch. 11.

[4] REUTERS, EU Seeks Solution to Keep Arbitration in U.S. Trade Deal, March 18, 2015, 12:22 P.M., http://www.nytimes.com/reuters/2015/03/18/business/18reuters-eu-usa-trade.html.

[5] Id.

[6] Jonathan Weisman, Trade Pact Seen as Door for Suits Against U.S. New York Times, March 26, 2015, at B1, available at http://www.nytimes.com/2015/03/26/business/trans-pacific-partnership-seen-as-door-for-foreign-suits-against-us.html.

[7] Editorial, Dirty Coal at the Supreme Court, New York Times, March 23, 2015, at A20, available at http://www.nytimes.com/2015/03/23/opinion/clean-air-act-and-dirty-coal-at-the-supreme-court.html?emc=edit_tnt_20150323&nlid=47098180&tntemail0=y.

[8] Matthew Hamilton, Industry contests toxic toys ban, Albany Times Union, April 17, 2015 at A1.


Ukraine – The Limits of Power

April 22, 2014

It’s worth another look at Ukraine. Americans have taken a principled pro-democracy stand. But before we get too self-congratulatory, let’s find a little perspective. Read the rest of this entry »


Our Stake in Europe

December 6, 2011

Do we have a stake in what is happening in Europe? Some countries, particularly in southern Europe are having trouble paying their debts in a recession. It shouldn’t be a surprise – taxes shrink in a recession. Of course in some places it is pathological – Greeks refuse to pay the taxes they owe in such large numbers that they are bankrupting their country. But the problem is wider, with deep roots in the recession.

As a result other countries have been reconsidering their participation in the Euro and even in the European Union itself. Should we care? Read the rest of this entry »


%d bloggers like this: