an autodidact meets a dilettante…

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Archive for the ‘dictatorship’ Category

Will the USA be able to reform its system after all this?

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It’s astonishing to most of the democratic world that a person so plainly unfit for office, in any office, should have been allowed to stand for office as President of the most militarily powerful country in the world. If any position requires vetting – and all responsible positions surely do – then it is this one. Yet in the USA anyone, even someone who more or less defines dishonesty, corruption and extreme self-interest, can become President, and this seems to be accepted as an article of faith. As one US commentator has pointed out, the current President would not last two weeks as CEO of any US company. But it is worse than this. He would not be considered for such a position by any responsible vetting panel, and he would not last for two weeks in any job whatever, from office boy to toilet cleaner. He has never worked for anyone else in his life, and would be incapable of doing so. Yet he has been given the responsibility of working for the entire American population.

This is not news. It is something known by every member of congress, every business leader and every observer of US politics. That, of course, is why the current US political situation is so bizarre. Now that he has been given that position – with the help of Russian operatives working for a dictator whose principal aim in life appears to be to undermine the most prominent democratic nations – the party that he pretends to belong to, the Republican Party, has for the most part assembled behind him, prepared to follow wherever he leads.

So, where, precisely, is the ‘leader’ going? His life, as is well known, has never involved service to others. It has generally been a convoluted and impulse-driven floundering after self-aggrandisement. Those Republicans gifted with some intellect are well aware of this, and I’m sure many of them scratch their heads at his popularity, such as it is. However, it seems that such is their hunger for power, they’re prepared to cling to someone who wields that power, in spite of never having been supported by a majority of the American public, even on election day. They will support him, again somewhat astonishingly, even if he betrays their values and their political agenda.

Where will this end, and how? Most experts argue that the House will vote to impeach, but the Senate will vote against removing him from office. Of course I have no idea if this will happen, or if Trump will be re-elected in 2020. It appears, though, that, given current poll numbers which have been consistent over a long period, he will need foreign assistance in the next election, of the sort he utilised in 2016. Trump has many powerful ‘advocates’ overseas, and of course he will be extremely willing to employ them, for he has many reasons for wishing to stay in power, beyond self-aggrandisement.

The utter helplessness of the American intelligentsia, and the free press (and I say this while admiring their indefatigable work in exposing all of the corruption, neglect and fecklessness) is painful to watch in this period. But there must be a silver lining. When all this is over, there must be root and branch reform of a Presidential system that has proved itself such easy prey to this extreme vandalism.

Written by stewart henderson

November 15, 2019 at 5:44 pm

The boy in the white palace 4: extortion for dummies

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Beneficence is always free, it cannot be extorted…

Adam Smith

Jacinta: I’ve been bemused by the sloppy way, IMHO, that the boy king’s adversaries – the Great Patriots – are handling their strategy for the defence of the realm. Some are still using the Queer and Daft (Q&D) term quid pro quo, as if that’s going to be an effective rallying cry for the country’s GPs. In fact it’s so feeble that the boy’s courtiers and epigones are happy to use it themselves, saying quid pro quos are great things, very handy for the MAGA cause….

Canto: Yes but I do notice that some of the more quick-witted GPs are almost at the point of considering, in a consistent way, a more obviously criminal term for the lad’s crimes. Whoduv thunk it? Unfortunately they’re not quite sure which crime to bruit about.

Jacinta: And Q&D terminology is still de rigueur for many, especially the courtiers and epigones. The two more serious, and accurate, terms for the crimes being particularly focussed on – re impeachment….

Canto: And impeachment’s a process we’re going to have to deconstruct – to use a shitty po-mo term most appropriate for the occasion – in another post.

Jacinta: Indeed – the two crimes being whispered way too softly by the GPs are bribery and extortion, with bribery being, unfortunately, the most favoured. But the Great Patriots are wrong.

Canto: That’s bad.

Jacinta: I think the only reason they prefer bribery is because, apparently, it’s in the SACUSA…

Canto: Scusi?

Jacinta: What? Oh yes, dummy, the Sublimely Awesome Constitution of the USA. Get out from under your rock, mate. It’s apparently mentioned in the SACUSA as one of the high Crimes and Mis Demenours you’re not allowed to consort with. We’ll look into that later. But I think extortion’s the thing, to set before the wee king, because, well, it’s much more nasty-sounding. I also think it’s more accurate. Off the top of my head, it’s about demanding money – or a thing of value – with menaces. And the boy king doesn’t need money – he’s been rolling in it since he was in his nappies, according to the New York Times. He’s far more in need of something to trounce his enemies, so that he can stay in the White Palace until he’s all growed up – and that’s a long long time.

Canto: Is he still in his nappies d’you think? I’ve heard rumours…

Jacinta: Well, I don’t think I’d have the stomach for that piece of investigative journalism, but it would certainly raise a stink if that were true. But here’s the thing. Ukraine has a new leader, with an overwhelming mandate to beat off Madame Putain and fight internal corruption. It’s a vastly important, and simply vast, country lying between La Putain and his or her designs on Europe, and it desperately needs an alliance with the USA, Europe and any other region it can ally itself with, but their President, when he came to office, hadn’t yet cottoned on to the fact that the USA is an ex-democracy and that its wee king had googly eyes for La Putain. ..

Canto: So he was ripe for extortion, I get it. The boy loves La Putain and wants to be like him, master of all he surveys, so he wants to have the Ukraine slay his rival, so he menaces them with a range of shite – saddling the country with being behind interference in his ascension to the throne in 2016, refusing to have an alliance with it, and with-holding funds and weapons, in the hope that La Putain will invade, slay the putative wrong-doers and share the spoils with the wee laddie.

Jacinta: Yeah, something like that. But let’s just get back to demanding a thing of value with menaces. I think it’s pretty straightforward.

Canto: Yes, others use the term coercion, but it’s the same thing, and it definitely applies in this case. The boy’s courtiers even drafted exactly what they demanded the Ukrainian Prez had to publicly say about the poor wee Biden boy and his nasty papa.

Jacinta: It’s time to look more closely at what the SACUSA has to say on the matter. Impeachment gets a mention very early on (Article 1, Section 2), but the nub of the matter is expressed, albeit briefly, in Article 2, Section 4, entitled ‘Disqualification’:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

So only two actual crimes are specified, which is a wee bit disappointing for dealing with the Most Powerful King in the Multiverse – but I don’t want to get into the impeachment disaster here, we’ll save that for another post. For now I’ll just say that ‘high Crimes and Misdemeanours’ however vague, was surely meant to cover more than nothing, and extortion sounds pretty lofty as crimes go. So let’s look more closely at extortion.

Canto: I have one dictionary definition here: ‘the practice of obtaining something, especially money, through force or threats’. Sounds like just the Right Thing.

Jacinta: Yes, and what the boy-king wanted to obtain was far more valuable to him than all the gold in Ukraine….

Canto: Encyclopedia Brittanica gives the definition as ‘the unlawful exaction of money or property through intimidation’, but in an article about white-collar crime it describes extortion as ‘a threat made to obtain a benefit from either a private individual or a public official’, and the threat here made by the boy and his courtiers, was ‘if you don’t invent something to besmirch the reputation of my domestic enemy, or announce that he has a reputation as a criminal, you will have no alliance with our mighty kingdom, no aid or support in defeating your enemy, La Putain (my own true love), and your people will die in great numbers, crushed by his or her mighty fist’.

Jacinta: Hmmm. A more clear-cut and extremely serious case of extortion could hardly be found. A girl-boy lawyer would win the case with a few hours’ training, except that the king is apparently above all law. He’s only subject to the law’s feeble sibling, impeachment.

Canto: I note that one of the Royal lad’s acolytes, one Nikki Hayley, has sought to churlishly dismiss the affair by pointing out that Ukraine finally received the aid, so no problem. However, the above definition points out that the threat is the crime, not the success or otherwise of the threat.

Canto: It also should hardly need pointing out that Ukraine finally received the promised aid because the scheme against the country was being leaked out – the lad’s courtiers had learned about the whistleblower complaint – not because there was a change of heart. In fact it’s widely believed that mirabile dictu, the withered boy has never managed to develop a heart, the poor sod.

Jacinta: That’s ridiculous, a piece of fantasy emanating from the Deep Kingdom….

Canto: We should operate on the boy to find out – we need real, pulsating evidence. I’m even prepared to do it under anaesthetic. I’d like him to do us a favour though…

Written by stewart henderson

November 10, 2019 at 11:13 am

the boy in the white palace 3: the GASP v the Westminster system

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I don’t care if they respect me, so long as they fear me.

Caligula

Canto: Here’s a thing, I recently heard a politico-legal pundit – I think it was Chuck Rosenberg, but I may be wrong, I’m trying to track it down – say on MSNBC, a favourite site of mine these days, that ‘we’ (i.e. the American people) ‘don’t get rid of our Leader lightly, unlike the UK, who can dispose of theirs by a simple vote of no-confidence by the Leader’s party’. That was the gist of what he said – it’s a summary, not a direct transcript – and it made me fall off my chair laughing and crying. It was very clear to me that the notion that you shouldn’t be able to dump the boy-king easily was an advantage of the Great American System of the Presidency (GASP), was Total Effing Bullshit (TFB). It took me quite some to get over this piece of tomfoolery.

Jacinta: Ah yes, well that requires a bit of explanation and comparison of the two systems. It’s amusing that the Westminster system of government, derived of course from the UK but utilised with variants in Australia, New Zealand and Canada, and with even more variants in other major nations such as India, Japan, Israel and Malaysia, was actually the basis of the GASP. But in some ways that 18th century Westminster system has since moved way ahead of the GASP, in that the parliament has become far more powerful, and the constitutional monarchy, upon which the constitutional presidency was based, has withered away to playing a purely ceremonial role. To me that’s good, as maintaining a monarchy has preserved a lot of history – good and bad – and it’s generally good for tourism, as long as they behave themselves.

Canto: Yes the royal we’s are probably generating more income for the country than what it costs to keep them, as long as they don’t multiply and extend the family too much. 

Jacinta: This is the thing – the difference between the two systems is vast. The Americans talk about Coequal Branches of Government (CBG) as the basis of GASP, whereas under Westminster, it’s all one – the Parliament. And the Prime Minister’s role and general position is nothing like that of the President/King. The key is in the title, prime, or first, minister. Primum inter pares, first among equals, the captain of the team. If the USA adopted a similar system they’d be far better off – their current PM would be Nancy Pelosi, their previous one, Paul Ryan, and there would be no President, unless they wanted a ceremonial one. There’d be half the number of elections, or even less depending on which Westminster system they adopted (the UK holds national elections every five years, the USA every two, at great expense and to the detriment of long-term planning and development). The Senate could act as a brake upon the House, though sometimes one party would hold power in both chambers, for good or ill. The PM would of necessity be a team player – imagine if she said to a journalist ‘don’t talk about them – I’m the team’. Her party would drop her like a hot spud. 

Canto: Yes, the reason dumping the President/King would be so traumatic, not to say bothersome, is that he has so much effing power. Power to shut down the government, power to pardon miscreants, special executive powers, veto powers, power to fill dozens of administrative posts with his cronies…

Jacinta: Or to leave them vacant, apparently. And power to select his running mate, who will automatically take over if he gets thrown under a bus or drowns in his own bile – again a vastly inferior situation to that under Westminster, where the ousted PM has no say whatever in deciding her own successor. The team’s the thing, the team the team, whereas with the GASP, it’s the superhero individual, the Great Leader, the Portentous POTUS, the Commander-in-Chief and other vainglorious assininities. It’s so typically macho, and American. 

Canto: And while we’re pouring on the scorn, It’s in all their worst movies – Bruce Willis or Sylvester Stallone defying the odds, fighting corruption, saving the state, getting the gal, etc. In fact, this was the essential campaign message of their swamp-draining princeling, which gained him the Kingdom, with much help from the Russian cyber-army. 

Jacinta: And the funny/sad thing is that even the mainstream media – and the experts they bring in, the lifetime lawyers, the intelligence folk, the career civil servants, the historians and on – are so jingoistic, so unself-critical about the GASP, that they blame everything on the boy-king himself – who’s just a boy after all – and have nothing constructive to say about the horrendous GASP. 

Canto: Yes it’s funny, in a grotesque way, to hear many of them say ‘this isn’t a dictatorship’ and ‘he’s not a king’, which nobody ever has to say under the Westminster system…

Jacinta: Under which it would be impossible for this boy-king to rise to absolute power, because their palaces, those of the Westminster nations, are reserved strictly for ceremonial presidents and governors. No power, just lots of fancy architecture and portraiture…

Canto: And lovely gardens.

Jacinta: And garden parties.

Canto: And quaint hats and uniforms. 

Jacinta: And marching bands.

Canto: And many-gun salutes.

Jacinta: And the blowing of purely ceremonial whistles.

Canto: But there are other reasons why this particular princeling, or any other like him, wouldn’t make any headway under Westminster. There are no head-to-head federal elections. Of course, in every particular electorate, there’s usually, but not always, one major candidate of the left pitted against one major candidate of the right, but to get to be Prime Minister, you not only have to win that electorate, you have to win the confidence of the party you’re a member of, by displaying some sort of leadership skills, as well as policy smarts, a certain je ne sais quois charisma, and an ability to unite and inspire a team. And you’ll be expected to sit alongside your team, make speeches in front of your team, while facing the jeers and tough questions of the team sitting directly opposite you, within spitting distance, for every day that parliament sits. No white palace for you, no courtiers, and no immunity. If you go rogue, if you start claiming you’re the team and stuff the rest, you’ll be thrown out the door before you get a chance to open it. 

Jacinta: You might say we can work our political system without a single GASP. 

Canto: Which leaves the question – do you think the American powers-that-be, once they’ve managed to rid themselves of the spoilt boy-king, will ever reform the GASP into a more distributed and effective system?

Jacinta: Very little chance. Will they stop making superhero movies? Very little chance. Will they solve the problem of anti-government fetishism and and fantasies of self-made individualism? Very little chance. Even though the reign of this particular boy-king is likely to end, IMHO, in something memorably horrific – because this boy-king would rather lock himself up in the white palace toilet than go quietly, don’t expect the Americans to come up with a better GASP. They just don’t have it in them, I’m sad to say.

Canto: Well, I want to be more optimistic, but we shall see. We remain watchful ghouls for the foreseeable.

the white palace – watch this space

Written by stewart henderson

November 6, 2019 at 1:29 pm

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

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