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the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court

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Beryl A Howell, Chief Judge, District Court of Columbia

Canto: So I’ve read the decision by the Chief Judge of the District Court of Columbia, which waved away the claims of White Palace lawyers, representing their Department of Justice (DOJ), ‘that existing law bars disclosure to the Congress of grand jury information’. Now, neither of us are lawyers, and I’d never heard of a grand jury before being drawn like a ghoul to the disaster of the bullish boy in the White Palace china shop – so reading this decision has been another of those steep learning thingies.

Jacinta: Yes, the grand jury concept does sound very grand, and a bit Olde Worlde, and I’ve discovered that it’s essentially an obsolete British thing, going back to Magna Carta at least, but now fallen into disuse except in two countries, the Grande Olde US of A, and, would you believe, Liberia. They appear to be a blunt tool of government, and another ‘only in America’ thing, almost. Here’s what an Australian academic blog, the conversation, has to say about it:

The main concerns about the process are that it is run by the prosecutor, no judge is involved, jurors are not screened for bias or suitability, the defendant is not present or represented, the prosecutors and grand jurors are prohibited from revealing what occurred, and transcripts of the proceedings are not made available.

So why does it exist at all? Well, it’s made up of ordinary citizens, rather than uppity legal folks – a grand jury consists of 16 to 23 people, unlike the petit jury made up of the standard dozen – so I suppose they thought it more democratic. They have to decide whether there’s enough evidence to charge someone. It’s like a pre-jury jury. But you can surely see from the above quote that it can be easily manipulated. And has been.

Canto: So this Judge Howell had to decide – but her decision isn’t final because it can be appealed, I believe – whether the DOJ was right in claiming that grand jury info (much of it redacted in the Mueller Report) should be handed over to the House Judiciary Committee (HJC).

Jacinta: So it’s a battle between the HJC and the DOJ, and may the best TLA win…

Canto: Judge Howell is in no doubt about the matter. ‘DOJ is wrong’, she writes multiple times in her 75-page judgment, in which she goes back to the findings of the Mueller Report. It’s funny, we’ve read that report but it’s so refreshing to be reminded of all the damning evidence, and the redacted stuff in part 1 which raised so many questions. There’s been so much that’s happened since, or so much that hasn’t happened that should’ve happened, that we’re inclined almost to believe that Mueller’s findings were unable to lay a glove on the White Palace incumbent, when the truth is far more sinister – that the whole US nation seems to have connived in allowing the boy-king to get away with everything, simply because he’s the King.

Jacinta: Well, I’m not sure about the whole nation, but of course you’re right that any nation, or political system I should say, that grants immunity to its all-powerful ruler, elected or not it makes no difference, while he holds the reins of power, is a global disgrace. It’s more or less the definition of a dictatorship. For example, he can’t be held to account if, while in office, he makes an executive decision to declare a state of emergency due to the massive corruption of all his enemies, and to abolish all federal elections forthwith.

Canto: A reductio ad absurdum perhaps, but one probably not far from the boy-king’s mind. In fact, the lad has been ‘joking’ about a third and fifth term. So people need that reductio kind of thinking to see what peril they’re in, seriously. And Judge Howell sees it clearly, as she reminds those who would read her that the boy and his playmates were found to have behaved very naughtily indeed, in a way that undermined the proper functioning of the state in multiple ways, long before the attempted extortion of the Ukrainian Prez.

Jacinta: Judge Howell argued, correctly, that a revisiting of the Mueller Report’s findings were in order for the purpose of deciding about these grand jury redactions. And so, she correctly reminded Americans that the Special Counsel found that links between the Putin dictatorship and the boy-prince’s pre-ascension team were ‘numerous’, and of course there was the Ukraine-Manafort nexus, which is mixed up currently with the lad’s most recent peccadillos. In fact, Her Honour helpfully points out that the then princeling likely knew about Dictator Putin’s assistance toward his ascension, by quoting from the Report:

Manafort, for his part, told the Office that, shortly after WikiLeaks’s July 22 release, Manafort also spoke with candidate Trump [redacted]. Manafort also [redacted] wanted to be kept apprised of any developments with WikiLeaks and separately told Gates to keep in touch [redacted] about future WikiLeaks releases.

According to Gates, by the late summer of 2016, the Trump campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by Wikileaks. [Redacted] while Trump and Gates were driving to LaGuardia Airport. [Redacted], shortly after the call candidate Trump told Gates that more releases of damaging information would be coming.

Canto: Yes, those redactions seem to indicate that the then princeling and his courtiers knew about, encouraged and accepted foreign interference – hardly surprising news, but under the USA’s highly-worshipped Constitution that there’s a rootin-tootin High Crime and Mister Demenour.

Jacinta: But it doesn’t matter because the boy-king has absolute power and can do whatever he likes, he done said it hisself. And apparently there are some powerful American folks, apart from his courtiers, that pretty much agree. The King just has too many responsibilities to be interfered with while in office by such petty matters as criminal charges – which is a pretty obvious problemo, as the King can simply increase his duties, and make them permanent, in order to make himself more immune, for a lifetime.

Canto: So Judge Howell looked at this too, because this apparent immunity hangs by the slender thread of a view held by the DOJ ‘Office of Legal Counsel’ (OLC). Her Honour quotes from the Mueller Report, and adds her own very interesting comments:

“Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,” the Special Counsel “accepted” the DOJ Office of Legal Counsel’s (“OLC”) legal conclusion that “‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’” …. This OLC legal conclusion has never been adopted, sanctioned, or in any way approved by a court. 

What I suspect Judge Howell as saying here is, ‘it’s about time a proper court got hold of this OLC ‘legal conclusion’ and subjected it to the proper legal scrutiny it deserves, or very much needs.

Jacinta: She’s also happy to use the term ‘stonewalling’ in describing the DOJ ‘s tactics with regard to these redactions, a stonewalling that continues to this day.

Canto: Yes, and it’ll be interesting to observe the fate of Billy Barr, a principal toadie of the boy-king and Grand Marquis of the DOJ, as these adventures in Toyland play out.

Jacinta: So, overall, Judge Howell’s pretty contemptuous of the DOJ arguments, which she would prefer to call “arguments”, and has been extremely diligent in refuting them from every possible perspective she can think of, with a lot of case law and something of a history lesson regarding the thoughts of James Madison, Alexander Hamilton and others. I’m thinking that not only will we have to bone up on US Federal law (and a lot of other law), we’ll have to read the whole of the US Constitution and the Federalist Papers to get more thrills out of watching this battle between the boy-king and the Constitutionalists (if that’s what it is) play out.

Canto: Yes, and I’ll be even more interested in the aftermath, after the bodies are buried and the blood has been wiped away. Will Americans still want to say that their quasi-dictatorial political system is the greatest in the known universe?

Jacinta: You betcha.

first volume of a collection of papers on the US Constitution, by Alexander Hamilton, James Madison and John Jay, quoted in Judge Howell’s decision

References

http://cdn.cnn.com/cnn/2019/images/10/25/grand.jury.release.opinion.pdf

http://grandjuryresistance.org/grandjuries.html

http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695

Written by stewart henderson

November 4, 2019 at 2:14 pm

learning about Trump

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Getting rid of the dictator is only a first step in establishing a free society. The dictatorship must also be disassembled.

George Ayittey

More about how I became drawn in to the Trump horrorshow

Written by stewart henderson

October 28, 2019 at 2:55 pm

Trump and the USA’s failure, part 2: effective law and distributed power

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I have established the republic. But today it is not clear whether the form of government is a republic, a dictatorship, or personal rule.

Mustafa Kemal Ataturk

Australia’s House of Reps – politics as a team sport – mostly!

Australia has a Constitution, and so does Britain, but we don’t talk about them much – they don’t loom so large over the political system. The Westminster system doesn’t have an impeachment process, for the obvious reason that it is surplus to requirements. Due to its being a political process, impeachment is an unmitigated disaster.

So what happens, under the Westminster system, if a Prime Minister ‘goes rogue’ and either breaks the law or conducts herself in a manner contrary to the nation’s interest?

Well we need to step back a little to answer this question, because, under the US system, an elected President can be a rogue from the start. Trump is a clear case in point. Trump was, of course, far from being regarded as kosher by the Republican powers-that-be when he first suggested himself as a Presidential candidate, so he took his Barnum & Bailey campaign directly to the public, and in doing so highlighted the central problem of democracy, recognised two and a half thousand years ago, by Plato and Aristotle, who were unabashed anti-democratic elitists. The problem being, of course, demagoguery or populism – the notion that the public can be easily swayed by a candidate who promises everything and delivers nothing. The fact that this remains the most central problem of democracy surely says something about humanity in general – something that we may not be able to fix, but which we need to be on our guard against. Democracy is in fact a seriously flawed system – but far better than any other political system we’ve devised to regulate our seriously flawed human nature.

Under the Westminster system it’s far more difficult (though perhaps not impossible) for a ‘rogue from the beginning’ to reach the top of the political tree, because Prime Ministers aren’t directly elected. In fact the Westminster system has no correlate to the US presidential system, its general elections being much more correlated to the US mid-terms. This means, in effect, that under the Westminster system there is one set of general elections to two under the US system. Having two sets of general elections every four years seems a little over-indulgent. It means that you’re always preparing for or recovering from some election or other, and I’m not convinced that this is a good thing for your political health or your economy. And if you were ever to consider dispensing with one of those two sets of elections, clearly the Presidential elections should be the one to go.

Of course, this is sacrilege. Americans are obsessed with their Presidents – they even remember them as numbers – it’s bizarre. But it’s part-and-parcel, of course, with US individualism. It’s not surprising that the superhero is largely a US phenomenon. Many of your worst movies feature a Rambo or Indiana Jones-like character who single-handedly wins out over the baddies, often against a background of official incompetence or corruption. Think again of Trump’s OTT drain-the-swamp campaign rhetoric. And speaking of OTT, let’s not forget the carnivalesque razzamatazz of US Presidential elections, and the oodles of money that candidates are expected to raise, for no reasonable reason as far as I can see.

So, bearing all this in mind, let’s compare the situation and the job description of a Westminster-style Prime Minister with a US President.

Generally the Prime Minister is already an elected member of a party (either of the left or the right) and is chosen by parliamentary members of that party to be leader – much like a captain of a soccer team is already a player in the team and has proven herself to be experienced and knowledgable about playing the game and getting results. She has, in other words, earned the respect of her fellows. The Prime Minister works alongside her fellows, and under the scrutiny of her opponents, in the parliament. The President, on the other hand, is completely separate from parliament and surrounded by his own hand-picked team of very powerful courtiers, who need not have had any previous political experience.

The Prime Minister is able to choose her own cabinet, but only, of course, from elected members of parliament. All cabinet ministers, and indeed all MPs, are under continual scrutiny from other members of the House or the Senate. If the Prime Minister herself (or any other minister) is thought to be ‘going rogue’ or underperforming, she can be subjected to a no-confidence or censure motion in the House – requiring a simple majority. These have sometimes been successful, resulting in a change of Prime Minister between federal elections. While traumatic, such changes of leadership have nowhere near the impact that a change of President would have, since under the Westminster system the power is far more distributed, the team is far more important than its captain. The ‘great man’ Presidential system is such, however, that the only feasible way of dumping a President is by impeachment – an overly elaborate and highly political procedure that is almost designed to inflict trauma upon the populace.

There is, of course, no provision for impeachment in the Westminster system, and there has never been any need for such a process. A Prime Minister can, of course, be dumped for any number of reasons – most of which fall very far short of high crimes and misdemeanours. However, if a Prime Minister does go that far, she would be dealt with by law. There’s no suggestion under the Westminster system that a Prime Minister or any other minister or government official, would be immune from prosecution while in office. To me, the idea is totally absurd, for it seems far more reasonable that the precise opposite should be the case – that a country’s leader should be held to a higher legal standard than any other citizen. In other words, with great power comes greater legal responsibility, as a matter of course. Any political system that operates otherwise is simply rotten at its very core. It follows that the nation’s body of law, not the constitution, should govern the behaviour of those holding high office in government. For example, gaining a financial benefit from holding high office, other than the official salary and benefits that accrue to that office, should be illegal and cause for immediate dismissal in the most straightforward way. Contravening campaign finance laws should also be dealt with severely and immediately. If this causes a crisis in government, then clearly the system of government needs to be reformed, not the law. The constitution is at best a quasi-legal document, a laying out of the political system and the roles of its component parts. As an eighteenth century document, it can’t possibly be expected to cover the legal responsibilities of 21st century office-holders. That’s the vital role of a living, constantly adjusting body of law, to keep up with the legal responsibilities of a constantly modernising and complexifying political and business sector.

But let me return to the situation of Presidents, and candidates for the Presidency, since it’s unlikely that the US is going to give up on that institution.

You’ve learned the hard way that a rogue from the outset can bypass the traditional party system and win enough popular vote – with the help of a foreign nation – to become the leader of the most militarily and economically powerful nation on earth, despite having no political experience, no understanding of his nation’s history, no understanding of the geopolitical framework within which his nation operates, and no understanding of or interest in the global issues that all nations need to work together to solve. In other words, you’ve learned the hard way that anyone can indeed become your President, no matter how unsuited they are to the position. So how do you stop this from ever happening again?

Well if you insist on maintaining a system which ultimately pits one superhero against another, then you need I’m afraid, to admit to a serious but really rather obvious deficiency of democracy – the attraction of the demagogue (and I leave aside here the inherent problems of a state in which so many people can be hoodwinked). You need to vet all Presidential candidates with a set of questions and problems pertaining to both character and knowledge. Character questions wouldn’t be just of the type “What would you do if…” or ‘Do you think it is right to…’, questions that a sociopathic personality can always find the ‘successful’ answer to (though it’s doubtful that Trump could). They should be in the form of complex moral dilemmas that experimental psychologists have been adept at formulating over the years, requiring essay-type responses. The knowledge questions, by comparison, would be straightforward enough. Such tests should be assessed by professional diplomats and psychologists. This vetting, of course, cuts across the democratic process with a measure of ‘adults in the room’ intellectual, emotional and ethical elitism. Because of course you need a member of the intellectual and ethical elite to hold such a high office.

You might argue that Prime Ministers aren’t formally vetted, and that’s strictly true, but there’s at least an informal vetting system in that leaders have generally to climb from the ranks by impressing colleagues with their communication skills, their understanding of policy, their work ethic and so forth. It’s also the case that Prime Ministers have far less power than US Presidents – who have pardoning powers, special executive powers, power to shut down the government, veto powers, power to select unelected individuals to a range of high offices, power to appoint people to high judicial office and so forth. It’s hardly any wonder that characters like Trump are frustrated that they can’t take the next few steps towards total dictatorship. It’s interesting that I’ve recently heard a number of US pundits saying out loud ‘this isn’t a dictatorship’, as if they need to remind themselves of this fact!

Many will scoff at all this gratuitous advice. But you currently have a self-styled ‘very stable genius’ – a boorish, blustering, bullying, belly-aching buffoon in fact – in barricaded isolation in your White House and due to the multi-faceted failings of your politico-legal system, you can’t get rid of him as easily as you obviously should be able to, and I honestly feel that things will get much much worse before you do get rid of him. You can’t blame Trump for this – he has been exactly the same person for over 60 years. The fault lies with your system. If you don’t change it, you’ll never be able to regain the respect of the rest of the democratic world.

Written by stewart henderson

October 7, 2019 at 1:21 pm

Trump and the USA’s failure, part 1 – some modern history regarding two democratic systems

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It is error only, and not truth, that shrinks from inquiry. Thomas Paine

So Australia’s getting a tiny mention now in the Trump debacle, as he and his henchmen try desperately to find dirt on Mueller, Biden, anyone they can divert attention to as this iniquitous regime stumbles towards its own doom.
So it seems to me an opportune time to reiterate and expand upon some of my views about the US political and social system which led to this pass.

First, a bit of a history of modern democracy and a corrective, to some of the views I’ve regularly heard on MSNBC and CNN as the journos and other pundits wring their hands over how the mighty have fallen. It seems accepted wisdom in the USA that their country is the leader of the democratic world, the potential bringer of democracy to the unenlightened, the light on the hill, the world’s moral police officer, the first and best of the world’s free nations. And its beginnings are often cited in the War of Independence against a tyrant king. So how could a nation, which owes its very existence to a revolt against tyranny, succumb to the blusterings, badgerings and bullying of this tyrant-child in their midst?

Well, let’s look at this story.  Britain did indeed tyrannise its colony. But let’s take note of some facts. George III was a constitutional monarch. Lord North was Britain’s Prime Minister during the war of independence. A century and a half before the War of Independence, Britain beheaded its king for being a tyrant. It was then ruled for a time by the Long Parliament, and then the Rump Parliament, before Oliver Cromwell was made Lord Protector of the Realm. These were some of the first none too successful steps towards a modern democracy. Baby steps. Two steps forward, one step back you might say. It didn’t work out so well, and the monarchy was restored in 1660, under the proviso that there would be some parliamentary representation. Then in the 1680s another king was forced out of the country, again for being a tyrant, and trying to convert the nation to Catholicism. This Glorious Revolution, as it was called, brought another branch of the royal family in from overseas, and William and Mary Stuart were presented with the crown, and the first constitutional monarchy was formed – though of course Magna Carta had earlier brought about the first limitations to royal authority, and there were more limitations to come in the future. Again, baby steps away from tyranny and towards democracy. A Bill of Rights was introduced in 1689, much of it based on the ideas of the political philosopher John Locke whose work also influenced the American constitution. 

So, America’s War of Independence was a war against tyranny, I grant that, but the tyrant was more a nation, or a government, than a king – though George III was certainly tyrannical in his attitude to the colonies. Britain, at the time, and for a long time afterwards, was a very powerful nation. And – guess what – powerful nations are always bullies. Always. That’s a universal. Imperial Britain was always a bully to its neighbours, and to less powerful nations that it could benefit from exploiting. The USA in more recent times, has been the same, as has China, Russia (or the USSR) and powerful empires of the past, Roman, Babylonian, Egyptian Assyrian, etc. It doesn’t matter their internal politics – they’re always bullies on the international stage. That’s why more powerful international agencies are needed and are just beginning to arise.

So getting back to democracy – the first US Presidential election was an odd one, as there was only one candidate – Washington. There were no parties, and very few states, and even then only about 7% of the adult population of those few states were considered eligible to vote, based on the possession of property (and of course skin colour, and gender). So, one of the bigger baby steps towards democracy, perhaps, but still another baby step. Of course, parliamentary membership in Britain at the time was subject to a vote, but also with a very limited franchise. 

So The USA significantly contributed to modern democracy, without a doubt, but the whole democratic movement proceeded by baby steps worldwide. For example, it’s surely unarguable that no nation or state could consider itself an effective democracy until it gave women – half the effing population! – the vote, and the USA was far from the first nation to do so. In fact the first state of any kind to do so was New Zealand in 1893, followed by the colony of South Australia – my home, from which I’m writing – in 1894. The USA didn’t grant the vote to women until 1920. 

So enough about democracy for now, but one reason I brought this up was to sort of complain a bit about American jingoism. You’re a really flag-waving, breast-beating country, and you tend to go on about patriotism as some kind of fundamental value. I say you because, though I have precious few readers, by far the majority of them come from the US, according to my WordPress data. Now, this kind of jingoism doesn’t allow for too much healthy self -analysis and critical distance. You need to get out more. I live in Australia, I was born in Scotland, so I’m a dual citizen of the UK and Australia, but I barely have a nationalistic cell in my body. I’ve never waved a flag in my life, never sung a national anthem. Nowadays I call myself a humanist, but I really came to that idea much later – my kind of visceral discomfort and dislike of nationalism goes back to my childhood, I can’t easily explain it, and any explanation would be post-hoc rationalism. I’m happy in any case that my humanism chimes with modern times, as we live in a more global and integrated world than ever before, but I do recognise that nations are still necessary and useful, and that global government will probably always remain an Einsteinian pipe-dream.

In any case, I feel lucky that I’ve spent most of my life here in Australia. The Organisation of Economic Cooperation and Development (OECD) is a group of 35-40 countries, the most developed economies in the world – the world’s richest countries by GDP. Every year for several years now, they’ve rated the member countries on a ‘Better Life Index’ based on 11 different criteria, such as health, income, safety, job opportunities and so on. Basically, a rating of the best countries in the world to live in. A new rating has just come out, and Australia ranks at number two, up from number three last year, but down from number one the year before, and the year before that. So lucky me, though I have plenty of criticisms about the way this country is going. So how does the USA rate? Well, it’s never been number one, or two, or three or four or five or six, and I could go on – which isn’t to say it’s anywhere near the bottom. But could this just be anti-American bias from the OECD? Well, in a sense yes, because I suspect they’re biased towards nations or states that look after their citizens – where there’s more of a sense of communal values. They measure categories such as ‘civic engagement’, ‘community’, ‘environment’ and ‘work-life balance’, categories which step a little beyond individual rights and freedoms – and I think that’s a good thing.

So here’s how I see the problem. The USA seems a little overly obsessed with the individual, and that seems to put it a little out on the libertarian end of the spectrum that stretches from libertarians to communists. I’d argue that there’s never been any instantiation of a communist state or a libertarian non-state – and in a democracy, which is by its nature a bottom-up sort of system, which has to cater for a wide range of views about government, you should always expect to be swinging mildly in the centre between these extremes. But America’s focus on individual freedoms and the great individual leader was evident from the outset, with the way it set up its federal political system. My plan here is to compare it to the Westminster system which I know quite well, and which has sort of evolved slowly rather than being set in stone by an all-powerful 18th century constitution.

Under the Westminster system there’s no directly elected President. Of course, that system did begin with a great individual power, the unelected, hereditary monarch, who, in the time of the USA’s founding and the drawing up of its constitution, was a lot more powerful than today’s monarch. So it seems to have been the thinking of the founding fathers that you could have this powerful figure but he could be elected. And I do say ‘he’ because, be honest, there’s nothing in the thinking of the founding fathers to suggest that they would ever have contemplated a female President. So, remembering that many of the ideas of the founding fathers actually came from Britain, through the likes of John Locke and Tom Paine, their idea seemed to be something like a constitutional President, elected rather than blue-blooded, and hedged around by a parliament that was more constitutionally powerful than the parliament of the time back in the old ‘mother country’. And by the way, it slightly irritates me that there’s this lexical difference for the legislature in the USA versus Britain/Australia, i.e congress/parliament. They’re really the same thing and I wish they had the same name. From now on I’ll use the term ‘parliament’ to refer to the legislative branch under both systems.

So, it seems – and I’m by no means an expert on the US constitution – that the constitution was drawn up to create a kind of balance of power between three branches of law and government – the legislative, the executive and the judiciary. And this would have been quite revolutionary and progressive in its time, some two hundred odd years ago. In fact, the founding fathers may have seen it as so progressive and all-encompassing that the term ‘eternal’ might have been whispered about, like the eternal values of life, liberty and the pursuit of happiness. And so they may have suffered from that natural pride which assumed that the constitution ought not to be altered without difficulty, and so the USA has largely been stuck with it. And I should point out – because it strikes non-Americans as a bit weird – that Americans seem a bit overly obsessed with their constitution.

Okay, so I’ll leave it there for now. Next time I’ll focus a bit more on the Westminster system, and a comparison between Prime Ministers and Presidents.

Written by stewart henderson

October 4, 2019 at 1:20 pm

Supporting Hong Kong 3: it’s all about freedom

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shades of Tiananman – tanks on the Hong Kong border

As I begin to write this, I’ve learned that Hong Kong developments and tensions are playing out here in Adelaide too, as well as elsewhere in Australia. Supporters of Hong Kong’s independence and its freedoms have turned out in unexpected numbers, but they’ve met with violent pro-Chinese opposition, chanting ‘Hong Kong belongs to China’, a slogan that, of course, misses the point completely. Hong Kong would be delighted to belong to China if the mainland people enjoyed the freedoms that Hong Kongers have become accustomed to over the years, but that ain’t gonna happen in the foreseeable.

In preparation for this piece I’ve been reading the fulsome Wikipedia article, Human rights in China, and it truly makes the heart sick. I’ve already written about the Uyghur people of the Xinjiang ‘frontier’ (as many as a million of them are in prison), as well as the bullying, and worse, of (pretty mild) feminist activists by the Thugburo, but there’s also virtually no freedom of the press or the internet, limited freedom of movement within China (especially for the poor), regular repression of ethnic minorities (there are over a hundred of them), selective repression of religions (the Falun Gong have been bizarrely targeted, and organ-harvested), imprisonment and torture of political dissidents, application of fake and damaging ‘psychiatric’ treatments to non-conformists, and wide-ranging use of execution – China still executes more of its own citizens than the rest of the world combined (though global rates are thankfully falling, and Iran executes more on a per capita basis).

Of course, as far as Hong Kong is concerned, the one human rights ‘event’ that dominates all others is the 1989 Tiananmen Square massacre, as tanks are currently taking up positions around Hong Kong. So one has to wonder, considering this grim history, and considering that the controversial extradition bill which set off the protests has been shelved, why Hong Kongers are courting disaster in this way. One reason must surely be the initial success of the movement re extradition. Another is likely to be safety in numbers (illusory or not). Hong Kong is no Tiananmen, it’s far far bigger. Even so, if the PRC acts decisively and brutally, can anybody see the international community responding to save the people of Hong Kong? It’s more likely there will be a great deal of impotent outrage, and a weak round of sanctions before hastening back to business as usual.

And yet. Another huge difference between 2019 and 1989, of course, is the democratisation of recording technology. It’s another difference that has doubtless emboldened Hong Kongers. It’s also playing massively on the minds of a government that has taken media control to an extreme never before seen in human history. The PRC has made a habit of demonising ‘western values’ in recent decades, and it knows full well that a frontal attack on Hong Kong will demolish their claims to moral superiority overnight. Smart Hong Kongers also know this – so it’s a fascinating, frightening stand-off situation. I’ve had a number of Hong Kong students over the years, and many of them are still in Australia pursuing further studies. I can’t imagine what they’re going through at this point.

The hope we should all be holding to is for a peaceful resolution, but there are questions as to who should be negotiating for each side – and particularly for the people of Hong Kong. The protesters have made five ‘formal demands’:

  • the complete withdrawal of the proposed extradition bill
  • the removal of the use of “riot” concerning the protests
  • the release of arrested protesters
  • an inquiry into alleged police brutality, and
  • genuine universal suffrage

All of these demands seem reasonable, prima facie, unless of course there were protesters guilty of brutal acts etc, but in any case it’s highly unlikely that the Grand Poohbahs of the Chinese State would demean themselves by negotiating with mere protesters, especially after labelling them as ‘terrorists’ according to Thugburo convention. Leading protesters are also reluctant to identify themselves, as they know they’ll be immediately targeted by the PRC government. That leaves the Hong Kong administration, and its Chief, Carrie Lam. It’s interesting, and perhaps surprising, that protesters didn’t include her resignation as one of their official demands – though many are unofficially demanding it, and it’s implicit in the universal suffrage demand. She has apparently warned recently that Hong Kong may be on a ‘path of no return’, a comment as frightening as it is vague. Certainly such warnings don’t seem to be working; student demos are being supported by general strikes, and specific actions by lawyers, civil servants, hospital workers and others. Most of these actions have been peaceful, but there have been violent incidents, and the role of the Hong Kong police in suppressing/exacerbating such incidents is crucial, and concerning. Police tactics have become more aggressive, but they don’t seem to be dampening the determination of the protesters, who’ve had enough of increasing PRC interference in Hong Kong affairs. They’ve also developed smart tactics, such as ‘being water’, flowing from place to place, continuous and uniform, without leaders or followers. This and other tactics were born from years of experience of failed and partially successful protest movements of the past. Perceived and documented police brutality has also been harnessed for the cause, as in the photo of a women hit in the eye, apparently by a police ‘bean-bag round’ a non-lethal form of ammunition. Women throughout Hong Kong and Taiwan are now sporting ‘bloodied’ eye-bandages in solidarity.

Unsurprisingly, those of us who’ve been around for a while are hardly sanguine about how this will end, and our greatest hope is that the PRC will see that the cost of engaging in what would certainly be a bloodbath, carried out in front of the world, would be greater than any economic or other foreseeable long-term benefit for a nation whose economy is already the envy of most nations. The Hong Kong and Taiwan protests are undoubtedly a smack in the eye to PRC pride, as, inter alia, they expose the lie about ‘Asian values’ the PRC is keen to promote in its battle with ‘the west’. I suspect that what will happen in the near future is a war of attrition, with the Chinese hoping that some sort of over-reach by the protesters will justify anti-terrorist ‘action’. The noises from the international community thus far haven’t by any means convinced me that the PRC won’t get away with mass slaughter when the time comes.

Written by stewart henderson

August 20, 2019 at 1:49 pm

supporting Hong Kong 2: handover/return

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Hong Kong handover ceremony, July 1997

Terms redolent of significance: in talking yesterday of ancient Egypt to my students, many of whom I tend to assume, after years of experience, are geographically challenged, I mentioned that it was in the north-east corner of Africa, just across the Red Sea and the Suez Canal from Israel. ‘Palestine’, one of my older Saudi students corrected, with a little grin.

I think also of the term ‘nakba’, which the Israeli government has been trying to erase from written records. It’s of course a very significant term for Palestinians everywhere. The Brits refer to 1997 re Hong Kong as the ‘handover’, which fails to refer to the extremely doubtful terms of its original acquisition. The Chinese refer to it as ‘the return’, which fails to refer to the massive value-adding, in human if not in environmental terms, that occurred under British control.

Hong Kong is now a ‘special administrative region’ of the People’s Republic of China (PRC), and in relinquishing it, Britain brought its once-mighty empire to a whimpering end.

The twenty years or so before 1997 saw a lot of diplomatic manouevring, principally between the PRC’s main man Deng Xiaoping and Britain’s Iron Lady, Margaret Thatcher. At first, the negotiating teams were a long way apart. Deng was insistent that the territory should be handed over unconditionally, and that if necessary it would be taken by force, which, he argued, would be easy-peasy. Thatcher argued that a treaty was a treaty and that Britain always stood by its treaties, cited a ‘Convention for the extension of Hong Kong territory’, signed in 1890, and quibbled about the wording of the old treaties, but it was clear that the PRC had the upper hand. Even so, the economic transformation of the region, especially since the seventies, and the Tiananmen Square massacre of 1989, encouraged British officials to provide as many democratic safeguards against the Chinese oligarchy as possible, as 1997 drew near. Chris Patten, the last British governor, battled to increase the voting franchise in the early nineties, while the PRC fumed over lack of consultation. A watered-down package of reforms was accepted in 1994. It fell well short of full democracy. So when the big day came, on July 1 1997, the proposed ‘one country, two systems’ future was being much questioned and worreted over.

In the 22 years since, that date has been marked by demonstrations organised by Hong Kong’s Civil Human Rights Front, demanding universal suffrage. They started small, but in 2002-3, anti-PRC activists received a boost of sorts when a proposed law, Article 23, designed to suppress political activity and freedom of speech, especially criticism of the PRC, became a rallying issue. Article 23 was indefinitely shelved when half a million people came out in demonstrations against it in July 2003. Since that time the struggles between pro-democracy and pro-Beijing forces in Hong Kong have been increasingly overt. Since 1997, the PRC has been keen to have the territory controlled by regime puppets. The first was Tung Chee-hwa, a more or less unknown businessman given the title of Chief Executive of Hong Kong at handover. He faced extreme pressure to resign during the 2003 demonstrations, and finally stepped down in March 2005, under some pressure from Beijing for corporate mismanagement. He’s still influential in Hong Kong and recently blamed, at least in part, the introduction of liberal studies (during his administration) for the current unrest. Might be right there.

Tung’s replacement was Donald Tsang, who seems to have been a more able administrator, though his popularity gradually declined during his 7 years in office as he became involved in business scandals as well as mishandling, according to his own admission, a new Political Appointments System, which critics found lacking in transparency, among other things. Clearly with so much at stake, and with so much suspicion of Beijing interference, the Chief Executive role has been anything but an easy ride.

The third Chief Executive was Leung Chun-ying, surprisingly elected in 2012 – the electors being the 1200 or so members of the Election Committee, largely controlled by Beijing. He had a reputation as a reformer, within the extremely narrow confines acceptable to the PRC. During his incumbency social unrest culminated in the umbrella movement of late 2014. Like many similar protest movements over the past few years, this changed nothing in terms of democratisation for the region, even if it proclaimed to the world that Hong Kong was prepared to fight hard for its freedoms. Serious rioting also broke out in late 2016, in response to an attempted government crackdown on street hawkers. Again, Hong Kong residents and business people were showing their spirit for combatting government heavy-handedness. It’s also clear however, that the Beijing thugocracy knows nothing other than heavy-handed control of ‘its’ people. It’s a recipe for major confrontation.

In recent times Hong Kong has experienced serious housing problems and a growth in the proportion of people living below the poverty line. This and concerns about PRC interference have created growing levels of unrest. The manner in which the Hong Kong Chief Executive is elected has been a sore point, with protest leaders pointing out that it fails to satisfy ‘international standards in relation to universal suffrage’ – this is enshrined, for what it’s worth, in Article 45 of the Basic Law of Hong Kong, which requires ‘selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures’. Of course, this is as likely to be honoured by Beijing as is the UN-directed Palestinian ‘right of return’ by the Israeli government, and no reforms have occurred for the most recent election in 2017, which brought the current Chief Executive, Carrie Lam, to power. All of these CEs have been more or less pro-Beijing puppets.

The most recent unrest was, of course, sparked by a recent bill proposed by Lam, which would allow criminals, and political prisoners, to be extradited from Hong Kong to China. And we all know that political prisoners are to the Thugburo as an Englishman is to the Fee-Fi-Fo-Fum giant. The protests have been massive, causing the bill to be indefinitely shelved. Lam has since stated publicly that ‘the bill is dead’. Interestingly, though, the protest movement has continued…

This obviously inadequate summary of Hong Kong’s history has helped me in coming to a better understanding of current events, which the democratic world in particular is watching with fascination and foreboding. As I may have mentioned, I would’ve been in Kowloon next week but for a health issue (not my own) which caused us to cancel, so that adds to my interest in these tensions and their possible outcomes. In my next post I’ll try to get my head around more of the details of the current situation.

References

https://en.wikipedia.org/wiki/History_of_Hong_Kong

https://en.wikipedia.org/wiki/Handover_of_Hong_Kong

https://en.wikipedia.org/wiki/2019_Hong_Kong_extradition_bill

Written by stewart henderson

August 15, 2019 at 9:08 pm

situation USA 3: the right i word

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Nancy Pelosi – trying to make the best of a bad system

I’ve been saying from the start that impeachment – thankfully not a part of the Westminster system – is a hopelessly politicised process, and that someone like Trump should be dealt with by straightforward, clear-cut law. Unfortunately, when it comes to white-collar crime – which is far from being victimless – the USA doesn’t set a great example. Though of course it’s not the only democratic nation to fail in this regard. However, Trump has pushed white-collar crime about as far as it can go without consequences. Just about all he has going for him presently is Presidential immunity. That’s why his principal aim right now is to extend that present as far into the future as possible, and that’s why I’m predicting that things will get worse. He won’t give up the presidency without a very ugly fight.

Nancy Pelosi has been in a friendly-fire fight with Jerry Nadler over the right i word. She says it’s imprisonment, and of course I agree with her. The USA needs to create clear law wiping out presidential immunity ASAP if it’s to regain the respect of the international community, but of course this won’t be possible until 2021. In the meantime, the House should continue to build its case against Trump, just as law officials are doing outside of Congress.

CNN ‘Editor-at-large’ (what does that mean? Editor who should be in prison?) Chris Cillizza has written a strange and quite silly piece, saying Trump’s imprisonment is ‘not likely’. His first point is that Pelosi, by bringing up the right i word, is trying to show Nadler and others that, by opposing the rush to impeachment, she’s not being soft, but realistic. It’s indeed an incredible thing that the Senate Republicans are largely choosing to stand by their flim-flam man, but it’s a fact, and proof of the tainted, politicised process that impeachment is. But Cillizza then describes this word as a ‘rhetorical grenade’. Rubbish, I say. The fact that Trump is still President-at-large is a disgrace. For a start, he’s not an ‘unindicted co-conspirator’ in the SDNY case which saw his fixer plead guilty on two felony counts. I realise this a term of legal art, but it completely misrepresents the situation, in which Trump was the boss and Cohen merely the gofer. And of course the campaign violation stuff is just the tip of the iceberg.

Cillizza then instructs his readers with this gem of wisdom:

Remember that impeachment and indictment are two very different things. The first is a political process, the second is a legal one.

Wow. Is he addressing 10 year-olds or is he one himself? Anyway, he goes on rather long-windedly to point out that impeachment won’t work due to the GOP Senate majority and the two thirds rule. I’d be even more brief. Impeachment is gobshite. Only in America (ok – also in South Korea, Taiwan, Brazil and any other country fool enough to follow the US system).

Cillizza goes on to ‘examine’ the possibility of imprisonment. It’s more of a glossing over, however, than an examination. The Mueller Report itself evaluates ten cases of obstruction of justice, some of which are strong enough to have over 700 federal prosecutors (as of a month ago – the number keeps rising) sign a letter baldly stating that Trump would face ‘multiple felony charges’ on obstruction alone if he was not President. What this says about the totally stuffed federal political system of the USA should indeed be clear to any wide-awake 10 year-old. Then there are the 16 or so criminal probes involving Trump, his foundation, his taxes, his inauguration, his emoluments violations, his anti-immigration horrors (his worst crimes while in office), his links with Russia and the Middle East, the Deutsche Bank money laundering scandals etc etc. It’s abundantly clear that Trump is a pre-teen spoilt brat turned career criminal – because, given his background, he couldn’t succeed at anything else. But a spoilt child, like a spoilt dinner, doesn’t spoil itself. It’s spoilt by its ‘makers’, and I’m not talking about gods. I’m talking about parents and environment and other early influences. So Trump isn’t to blame for becoming the US President, and making the US Presidency the object of global scorn and opprobrium. The fault lies with the US political system itself. The USA allowed this fainéant to become its President (not forgetting Russia’s sly assistance), because it takes pride in allowing anyone to become President. No screening for party allegiance, no screening for legal or political or historical literacy, no screening for business integrity or acumen, no screening for any kind of competence whatsoever. And instead of assuring the world – noting that we’re talking of the world’s most powerful nation, economically and militarily – that with great power comes great responsibility – it teaches us that, in the US at least, with great power comes great immunity.

But let’s get back to Cillizza’s piece. Here are his concluding remarks.

To be clear: Neither impeachment nor arrest is a sure thing. In fact, neither are even long shots. We are deliberating between something that is very, very, very, very unlikely to happen and something that is very, very, very, very, very unlikely to happen. But between impeachment and imprisonment, the former is the far more viable option. No matter what Pelosi wants.

As I’ve made clear, I have no interest in impeachment, but Cillizza is arguing – or, rather, stating, that imprisonment is a virtual impossibility for this career criminal, in spite of all the evidence piling up against him – which will always amount to a mere fraction of his wrong-doing. And yet, my impression is that Cillizza’s as jingoistic about ‘the leader of the free world’ and ‘the light on the hill’ as most Americans. The proverbial frog in the slowly boiling water comes to mind. If Trump escapes imprisonment, then surely that frog is doomed.

References

https://edition.cnn.com/2019/06/06/politics/nancy-pelosi-trump-prison/index.html

https://www.washingtonpost.com/powerpost/pelosi-tells-colleagues-she-wants-to-see-trump-in-prison-not-impeached/2019/06/06/afaf004a-8856-11e9-a491-25df61c78dc4_story.html?utm_term=.4907d39b22c7

https://www.wired.com/story/trumps-world-faces-16-known-criminal-probes/

View at Medium.com

Written by stewart henderson

June 9, 2019 at 3:33 pm