Iran and the US

May 14, 2019

I can’t update the news from the Persian Gulf except to express my skepticism. I intended to go behind the news to look at Iranian and American views of each other. I still think that’s useful.

Problems between our countries are vestiges of nineteenth and early twentieth century colonialism which gave the west control over Iranian oil fields. In the 1950s, Prime Minister Mossadegh was unwilling to continue that relationship. This country replaced him with the Shah largely over oil, creating a relationship that hurt Iranian pride..

Iran also shared a border with the former Soviet Union and there had been military conflict between them. Mossadegh, sought peaceful coexistence with the U.S.S.R. Although his behavior was similar to other unaligned leaders like Tito in Yugoslavia, this country refused to show him the same respect.

After its Revolution, with its present combination of an elected legislature and clerical Guardian Council, the U.S. spent decades trying to isolate Iran, despite Iranian overtures to negotiate all our differences. Needing alliances outside our sphere of influence, Iran maintained alliances with conservative Middle Eastern religions. Of course that makes them seem even worse to us.

Obama’s willingness to show respect for Iranian sovereignty and not treat them like an American client, was crucial to his ability to reach a deal over nuclear fuel. Obama believed a fundamental mistake of American Middle Eastern policy has been the belief that we could and should control it for purposes that have had little to do with American security.

But this Administration believes it gets support at home by flexing its muscles along with threats and insults. As Reese Erlich put it, “To assert U.S. hegemony in the Middle East, Washington must have a truly evil enemy to combat. Mad mullahs with nukes fit the bill.”[i] The story they’ve been telling looks as far from reality as the Bush-Cheney story of weapons of mass destruction in Iraq.

What does Trump’s America look like to Iran?

Despite our warships, Iran has good reason to think we’re weak. American alliances are in shambles and US trading preeminence is over. One-on-one trade deals maximize US power over weak countries but it sours relations with others. Our sanctions against Iran foul the economies of countries that used to be our friends. Equally important, another war in the Middle East would weaken us in parts of the world, like the Far East, where our interests are truly being challenged.

For our traditional European allies, Trump’s bizarre affection for dictators, is a turn off and a warning sign. And it encourages the militarization of countries like Turkey which used to be part of the peaceful, human rights respecting, democratic countries of NATO and the E.U.

So across the globe, including hotspots, like Turkey, North Korea, and Iran, it now seems that American agreements can’t be trusted. That gives them a reason to seek, not avoid, nuclear arms, because without them, they would be as vulnerable to American conquest as Iraq was. It shouldn’t be surprising, then, that Iran threatened to enrich their nuclear materials beyond what they need for peaceful uses. That, of course, is counter-productive for America, although they are a lot further from building a weapon than this Administration would have you believe.

And it must seem to Muslims that we are supporting 21st century crusades through US threats, client dictators and carte blanche to Israel.

As for breaking news from the Gulf, we have learned from Vietnam and Iraq, that our government does not always tell us the truth. Sadly, this president is no paragon of honesty. And after the Kashoggi affair, it is clear that Saudi Arabia and its allies are less than trustworthy. So I believe the best analogy for what’s going on, is what went on, in Iraq.

 – This commentary was broadcast on WAMC Northeast Report, May 14, 2019


[i] The Iran Agenda Today, 45 (2019).


Anthony Kennedy And The Future Of The SCOTUS

July 4, 2018

Welcome to Iran. Iran has a Guardian Council of men in long robes. We have a Guardian Court of nine judges in black robes. Both decide who rules. The Guardian Council of Iran decides who is allowed to run. The Guardian Court decides which party wins by blessing the vote rigging that favors Republicans – by blessing gerrymandering after the Republicans rewrote voting districts to favor themselves; by blessing registration requirements that Republicans erected to block anyone likely to vote Democratic from getting or staying registered and from voting; and by removing the protections of the Voting Rights Act against discriminatory devices in the former Confederate states and wherever discrimination had been the rule.

The Guardian Court competes with Iran’s Guardian Council for political control by limiting what labor unions can spend[1] and by overruling limits on political spending by corporations.[2] It tilts the whole electoral environment toward the rich and powerful and against workers and consumers.

The U.S. Guardian Court is nearly as effective as the Iran Guardian Council, even without Russian help. And the retirement of Justice Anthony Kennedy will make it worse. He was the only conservative who understood that vote rigging is inconsistent with a democratic constitution and sometimes acted on that understanding. With a less principled replacement, the current court will present an even bigger barrier to protecting American democracy.

This isn’t about law and all about partisanship. It’s not, in Roberts famous example, like an umpire calling balls and strikes. It’s an umpire in one ball club’s pay, corrupt even as courts across the globe are gaining the confidence to insist on clean elections. To put it another way, the U.S. court system is being corrupted by the rewards of capitalism.

Still more is at stake. Roe v. Wade,[3] protecting a right to abortion, is at stake in the changes in the membership of the Court along with a panoply of labor, consumer, environmental and civil rights protections.

Discouraged? This is the worst time to be discouraged. We can take the country back. But first we must win two elections, the 2018 legislative election and the 2020 presidential election.

Winning the 2018 legislative elections on both the state and national levels can reduce the damage. Fairer state legislatures can insist on fairer elections. Congress has the power to regulate national elections to block states from using unfair rules. And it can block Trump’s plan to abuse the census to further turn the Republican minority of voters into national dominance.

Along the way, winning in 2018 can prevent any more bad nominations to our court system. It can block the Administration’s abuse of everyone from workers to women to immigrants.

Winning in 2020 will make all that easier and it will make it possible to get the Court back. Yes I said we can get the Court back; we can end the rule by the US Guardian Council that masquerades as a Court.

The Constitution does not specify the number of justices on the Supreme Court. That is set by law.[4] The number of justices has been set as low as five and as high as ten.[5] Although a controversial proposition, it has been argued that the number can be changed by the simple process of nomination and confirmation.[6] Either way, it is not set in stone.

President Franklin Delano Roosevelt proposed to increase the number when the Court was blocking his efforts to deal with the Depression. In the event, the Court backed down without any change in the number. But the point is that it can be done and should be.

This is a time to get fired up by the efforts of the capitalists, corporations and wrong-wing religious groups to use the courts to take our country away from us. We can take it back. We must and will take it back.

— This commentary was broadcast on WAMC Northeast Report, July 3, 2018.

[1] Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (2018).

[2] Citizens United v. FEC, 558 U.S. 310 (2010).

[3] Roe v. Wade, 410 U.S. 113 (1973).

[4] 28 USC § 1.

[5] Act of Feb. 13, 1801, § 3, 2 Stat. 89; Act of March 3, 1863, ch. 100, 12 Stat. 794.

[6] Peter Nicolas, “Nine, Of Course”: A Dialogue On Congressional Power To Set By Statute The Number Of Justices On The Supreme Court, 2 NYU J.L. & Liberty 86 (2006).


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