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.


Foreign Roots of the Tragedy in Florida

June 14, 2016

The tragedy in Florida is linked to issues abroad. One candidate sometimes suggests we could solve our problems by isolationism, keeping our troops home, and sometimes by wiping out our adversaries with overwhelming force. His adversary has won over American military leadership with a fairly hard-nosed approach to international politics meshed with the belief that part of America’s international strength comes from our ideological appeal and social justice. What’s going to work?

The Middle East has been getting more violent. And the U.S. has been struggling to figure out how to handle it. George H.W. Bush was careful not to unravel power relations there when he rolled Iraq back from Kuwait. George W. Bush was less cautious, eliminating the Iraqi power structure without a plan to replace it. Since then we’ve been fighting multiple wars in multiple countries. Wars with guerilla tactics like these are costly. Al Qaeda and ISIL or DAESH have learned to motivate individuals or small groups outside of traceable networks. Military forces work poorly against that kind of enemy. We may be a superpower against some obstacles, but not all. The history of warfare has been a multi-millennium cycle of upstarts defeating the super powers of prior ages with new tactics.

What if we disengaged from the Middle East? I doubt Americans have the stomach for it. Israel, our so-called “ally,” continually breaks its promises to America, so the Israeli mouse drives both American Middle Eastern policy and its consequences. America cannot be an honest broker in the Middle East while backing a government of heedless buckaroos who learn nothing from the failures and constant irritation of seven decades of war, eviction of Palestinians and indiscriminate retaliation. Still less can we be an honest broker by engaging in the same tactics that make refugees of millions and radicalize too many. Who are we to criticize the Israelis when our policies have been more and more like theirs? We too pay the price. Our removal of Premier Mossadegh and replacement with the former Shah of Iran contributed to the Revolution of 1979 and subsequent demonization of America. U.S. military moves created chaos in the Sunni world, pushed Turkey toward autocracy, and helped destabilize Europe with a flow of refugees not seen since the World Wars.

Pulling out would leave a power vacuum that those we despise and sometimes fear would fill. If Russia or China were fool enough to move in, the throw weight of Islamic extremism would refocus on them. The short-run consequences, however, could be

Our policies toward the Middle East need to be rethought in light of new realities. Power relations in the Middle East have been drastically reshaped in the last fifteen years. And Saudi Arabia has been playing a double game, supporting radical Islam in return for denying the clerics the keys to governmental power, creating a Hobson’s choice for us. Obama has tried to avoid both disengagement and warfare, but his efforts to reshape thinking about the Middle East have, not surprisingly, run into a barrier of incomprehension. The U.S. should not be driven by the unreliable machinations of paranoid premiers, two-bit dictators and fractured armies in a region of declining importance to the U.S.

America accomplished a great deal in the past as a model of a fair and decent state. Foreign policy isn’t merely a contest of muscle and fire power. Its complexity requires a lot of patience. It took half of century to wait out the Soviet Union. Much as some Republicans want to credit Reagan’s grand gestures, that victory was hatched under Truman and pursued by eight presidents of both parties, without any know-it-all buckaroos upending decades of careful policy. Can we do it again? We’re going to find out.

— This commentary was broadcast on WAMC Northeast Report, June 14, 2016.

 


Refugees and the Impact of Immigration

April 5, 2016

Let’s talk about immigration in this current frenzy about keeping Syrian refugees out.

DAESH (ISIS) or al Qaeda used EU citizens to damage Paris. They will try to use Americans here. Some Americans have gone over to the dark side, trained abroad, could return and blend in here. That is a similar problem with deporting those undocumented people who have spent most of their lives here – in their countries of origin many have no ties, job history, knowledge of the culture or the environment. Deported, they are valuable to smugglers who use them to get contraband across our borders. Allowed to stay, they could be productive members of society. For Americans and immigrants alike, keeping people working at decent jobs is the best way to keep everyone out of trouble.

Population also affects national power, what we can produce, and the power we project. That is important in an increasingly dangerous world. Adding to the workforce and as consumers, immigrants increase the size and health of our economy, and instead of straining our budget, they help to sustain our social safety net, as many aging countries have been finding out.

Immigration is not without costs, however. China and India now each have over a billion people. India’s population has tripled since I was young. These are population explosions. Chinese authorities understood that China could not sustain population growth and slowed it precipitously.

Moving people from places where they live in fear to an America where they can live in peace and prosperity is neutral with respect to worldwide population. But it may do environmental damage if it means changing to an environmentally more destructive lifestyle. That makes it doubly important to control, limit and reduce environmental damage. It means that we should, must, continue to invest in ways to reduce our use of fossil fuels, and increase our use of solar and wind energy and passive solar heating. We must control our overuse of water, and invest in better ways to use it. We need to rethink our national land-use policies – it makes little sense to irrigate deserts for farmland and build suburbs on productive lands. We are shifting farmland from places that have plenty of water to those that don’t. That is not only wasteful, it also leads to drought, salinization of the land, and makes other settled places unlivable, save at the enormous cost of desalinization of seawater.

Ultimately both our goals for immigration and our goals for America, our children and grandchildren must be driven by concern for the people who will inhabit it. That means care and concern for the immigrants themselves, and care for everyone, those we are strongly attached to and all the people of the earth, expressed through environmental policies that can keep the earth habitable. In that effort we all have to be willing to share and accept effective regulation. There is no other way.

And yes, protecting the lives of our children and grandchildren requires some sacrifice. But aren’t the sacrifices we make for those we deeply care about one of the most satisfying things we get to do? All our faiths confirm those duties and affirm the joy of giving and caring. It’s hard to think of people as deserving who are unwilling to share in the general sacrifices for their and our offspring.

— This commentary was broadcast on WAMC Northeast Report, April 5, 2016.

 


Strategy for defeating DAESH (a/k/a ISIS)

March 25, 2016

Juan Cole, one of the most consistently astute observers of the struggle in the Middle East, explains that DAESH depends on fear to drive recruits to its hideous mission. The way to choke off that recruiting tool and speed the defeat of DAESH is with a warm welcome to Muslims and Muslim refugees:

Counter-terrorism therefore in this case would involve counteracting Daesh polarization and spread of hatred. The only way to impede their attempt at radicalizing Muslims is to reach out to Muslims with love.

Conversely the expressions of fear and hate from people like Donald Trump actually make the war harder to win by driving Muslims into the arms of DAESH. Here is a link to Juan Cole’s post.


Muslims and the barbarians laying claim to Islam

January 5, 2016

 

President Obama commented a few weeks ago that Muslims in America must do more to stop Muslim violence and many have suggested that the Muslim community has not been doing enough to stop it.[1] That struck me as very false, given my own contacts in the Muslim community. So I reached out to learn what is happening in the Muslim community.

All communities have their share of nut-jobs and criminals but that is no more true of Muslims than the rest of us. Several white self-styled Christian groups have been much more dangerous to Americans. Muslims point out that the much larger phenomenon of non-Muslim violence has not been treated as reason for shame by members of other religious groups.[2]

Muslims repeatedly point out that the ideology of ISIS, ISIL, DAESH or whatever we call it, is out of step with Islamic practice and preaching here and around the globe, un-Islamic and fundamentally heretical. There are always exceptions, but generally fighters are not being nurtured in the mosques. In fact ISIS recruits typically do not start with any strong Muslim or other religious faith – they are empty inside looking for a cause.[3]

Muslims warn that nationalism fuels violence. We talk about reaction to “boots on the /ground.” Muslim scholars make a broader point, here in Arun Kundnani’s words:

“We all know the ‘war on terrorism’ kills more civilians than terrorism does; but we tolerate this because it is ‘their’ civilians being killed in places we imagine to be far away. Yet colonial history teaches us that violence always ‘comes home’ in some form: … as refugees seeking sanctuary … the re-importing of authoritarian practices first practised in colonial settings, or indeed as terrorism. The same patterns repeat today in new forms.”[4]

Moreover we are confused about who the enemy is. There is considerable evidence that Saudi Arabia was behind the development of ISIS as an effective fighting force precisely to draw America into support of Middle Eastern dictatorships and to quash the Arab Spring. I think there are many factors that gave rise to ISIS and plenty of blame to go around, but they did quash the Arab Spring, whatever chance that awakening might have had, and Saudi Arabia and other Sunni states did help bring ISIS into being.[5]

Muslim scholars and commentators argue that revolution and revolutionaries are spawned by failure to adhere to western ideals, support for authoritarian rulers, bombing by planes, drones and other military attacks that kill civilians and leave communities in shambles, and by trading arrangements that support slave labor in many parts of the globe.

As Chris Giannou, former chief surgeon for the International Committee of the Red Cross, told the Alternative Radio audience, Muslims, Arabs, Asians, Africans “love [Americans] for your values. They hate you for your hypocrisy, because you do not live up to your values. The vast majority of the American public has absolutely no idea of what their government does in their names around the world.”[6]

Telling us what they think we want to hear is an occupational hazard of politicians – that’s how they get elected. But Americans need to see through self-congratulatory claims about how good America is and how bad everybody else is, and resist the call to solve every problem by killing ever more people. It’s not good for our security, our country or our the world. It is crucial to resist the urge to enlarge this conflict, crucial to keep it as small as possible. That’s the best way to put it out with the least damage.

— This commentary was broadcast on WAMC Northeast Report, January 5, 2016.

[1] See President Obama, Address to the Nation, December 6, 2015, https://www.whitehouse.gov/the-press-office/2015/12/06/address-nation-president.

[2] http://www.salon.com/2015/12/09/my_daughter_is_not_tashfeen_malik/.

[3] See Murtaza Hussain, Why the Islamic State is Not Really Islamic, The Intercept, Sep. 26 2014, 12:38 p.m., https://theintercept.com/2014/09/26/isis-islamic/.

[4] Violence comes home: an interview with Arun Kundnani, OPENDEMOCRACY 22 November 2015, https://www.opendemocracy.net/arun-kundnani-opendemocracy/violence-comes-home-interview-with-arun-kundnani.

[5] See the remarks of Vice-president Joe Biden at https://www.youtube.com/watch?v=25aDP7io30U; Ron Paul, , Are We in a Clash of Civilizations?  [RonPaulLibertyReport] https://www.youtube.com/watch?v=opYwBt9x64k&t=2m28s; Khaled Abou El Fadl, The End of the Arab Spring, the Rise of ISIS and the Future of Political Islam, ABC Religion and Ethics 23 Apr 2015, http://www.abc.net.au/religion/articles/2015/04/23/4221874.htm.

[6] See Chris Giannou, Understanding the Middle East, University of Denver, Denver, Colorado 4 April 2014, Alternative Radio, http://www.alternativeradio.org/products/giac002.


War in the Middle East

November 17, 2015

The terrorists’ explanation for ISIS’ involvement in the Paris attacks, is that it was in revenge for the French participation in the war in Syria. Another explanation is that the attack was a recruiting tool – they’re stalemated in Syria and they use victory and the dream of an Islamic state as a recruiting tool, so they pulled off an attack that would be heard around the world, to say to young Muslims, come help promote the dream. Actually the two explanations are not inconsistent – they can both be true in the minds of different people, and sometimes even in the minds of the same people. But the two theories point in different directions. The revenge theory suggests that it would be better to stay out. The recruitment theory points to the value of simply defeating them. Recruits need something attractive to attach themselves to and losers aren’t very attractive.

Some Americans want to solve the problem by more fighting. History should make us skeptical. Our record isn’t very good in what are called asymmetrical wars, for some of the same reasons Americans were able to beat the British – warriors who are not in uniform and practice sneak attacks are very hard to beat.

And wars have unintended consequences. The Russian war on Afghanistan created the terrorist armies who later turned their arms against this country. Terrorists attacked the U.S. before we fought in Iraq and Afghanistan. Nevertheless, foreign wars increase the recruitment of terrorists. In Iraq and Afghanistan we fought the wrong wars, in the wrong places, against the wrong enemies. We destabilized the region in ways that left much bigger problems for us. Syria is the latest maelstrom.

So I’m convinced Obama had the right instinct to get out and try to stay out of the Middle East, especially by not putting boots on the ground. If fighting us is a recruitment ticket, staying away should be a good idea.

But the larger question is whether there is a way to minimize our participation while defeating ISIS and al Qaeda? Unfortunately, the answer doesn’t depend on us. The Iraqis and the Syrians are deeply divided. And war doesn’t seem to be uniting people in either country. The contending forces seem to fear each other as much or more than they do ISIS.

If it’s going to take a major war effort to defeat ISIS, I doubt this country has a taste for it. The economic costs would be huge. What economists call opportunity costs, the value of what we could have done with the same resources, would be even larger. The lesson seems to be, if they can’t fight their own war, we shouldn’t be trying to fight it for them.

Then again, there’s the army of refugees. Immigrants have been offered citizenship in the past in exchange for joining in war efforts. Can the able bodied among the refugees be turned into a credible and united fighting force? Are enough of them willing? And against whom would they turn their weapons? Would they be a mirror of those already fighting or would they be the only people from the area who could fight for broader and more ecumenical objectives? The humanitarian in me says they’ve already been through enough. The utilitarian in me wants the most effective way to end the problem with the least damage in both the short and long term. The skeptic in me thinks it’s another bad idea.

So I think we have four options – withdrawal, a big war, a deal among the major powers in the region, including Iran, or arming the refugees while trying to stay away. But it’s a heck of a set of bad choices. Thanks George.

— Steve Gottlieb is Jay and Ruth Caplan Distinguished Professor of Law at Albany Law School and author of Unfit for Democracy: The Roberts Court and the Breakdown of American Politics. He has served on the Board of the New York Civil Liberties Union, and in the US Peace Corps in Iran. This commentary was broadcast on WAMC Northeast Report, November 17, 2015.


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