Month: March 2020

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China, Russia Form World’s Largest Military Block

China and Russia are moving closer together, forming the world’s largest military block.

The trend has been noticeable for some time. Three years ago, the U.S-China Economic and Security Review Commission (USCC)  reported that ”Since the normalization of relations between China and the Soviet Union in 1989, Beijing and Moscow have prioritized defense and security ties, which are now among the most important components of the overall relationship… Since 2012, however, closer defense ties have been a key driver of warming China-Russia relations. Indeed, China and Russia appear to be moving toward a higher level of defense cooperation. The three main areas of the bilateral defense relationship—military exercises, military-technical cooperation, and high-level militaryto-military contacts—show increases in the level and quality of engagement, collectively reflecting closer defense ties.”

In December, the South China Morning Post noted that Putin is ” supplying modern quiet submarines, modern supersonic anti-ship missiles, and he has offered to build a ballistic missile warning centre for China – this is cutting edge stuff now that Russia is starting to export.”

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The Moscow Times describes an increasingly tight relationship.  “…the two militaries are becoming more familiar with each other. They are taking part in joint training; making their weapons systems more compatible; and syncing their communications, logistics, tactics, and military doctrines. Chinese and Russian forces have been training together for a decade now. They raised the level of joint exercises from anti-terrorism exercises to China’s participation in Russia’s major strategic drills (at Vostok in 2018 and at Tsentr in 2019). The two militaries have conducted war games on land; naval maneuvers in the East and South China Seas, the Mediterranean Sea, and the Baltic Sea; and joint air patrols over the Sea of Japan.”

Russia Matters emphasized that “Sergei Karaganov, dean of the department of world economy and international affairs at Moscow’s Higher School of Economics, and Vasily Kashin, a senior research fellow at the school’s Center for Comprehensive European and International Studies. Kashin penned an article in May 2014 saying that “the Russian-Chinese ‘anti-revolutionary alliance’”—“anti-revolutionary” because both bristle at the idea of U.S.-led regime change—had been “essentially formalized,” while Karaganov wrote in April 2017 that “Russia and China have built allied relations de facto though not de jure” (the Russian Embassy in London posted Karaganov’s article on its website). In addition to these scholars, some ex-officials also see China and Russia as already allied. What the two countries have is a “functional military alliance,” one former senior Russian national security official told Harvard’s Graham Allison.”

The USCC  “… the two countries’ militaries and defense establishments have steadily worked to minimize… differences and are now experiencing arguably the highest period of cooperation. The three major components of military-to-military ties…demonstrate such a trend. In terms of military exercises, the two militaries are staging increasingly complex exercises with an expanded geographic reach in strategically important areas, recently adding a new set of exercises on missile defense cooperation. Military-technical cooperation similarly shows significant progress in recent years, highlighted by a major uptick in the technical capability of Russian arms sales to China, wide-ranging strategic industrial partnerships in key defense sectors, and joint production deals and other cooperation on advanced military and dual-use systems. Finally, Chinese and Russian defense officials are holding more meetings at higher levels in the military bureaucracy than they did in the past, signaling closer coordination. As Beijing and Moscow increasingly share overlapping interests and maintain a shared resistance to U.S. leadership in the Asia Pacific, the two countries appear likely to further deepen defense relations in the coming years. In the years ahead, analysts and policymakers will need to closely watch this trend, especially as the Asia Pacific experiences rapid change and China continues to pursue its military modernization goals. In particular, Russian arms sales to China and military-technical cooperation could have significant consequences for the United States, challenging U.S. air superiority and posing problems for U.S., allied, and partner assets in the region.”

Photo: Russia’s Dimitry Medvedev meets with China’s Xi Jingping (Russian Government Photo)

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North Macedonia Joins NATO

North Macedonia officially became a part of NATO in March,  when the “instrument for its accession” to the Washington Treaty (also known as the North Atlantic Treaty) was formally deposited with the US State Department.

An initial obstacle to its inclusion was its name, which Greece objected to since its northern province bears the name “Macedonia.” In February of 2019, however, both nations came to an agreement as the new nation, which had previously been known as the Yugoslav Republic of Macedonia, agreed to be caled “North Macedonia.”

NATO will work with its new member on reforming its defense infrastructure and fully integrating it into the alliance.

  In the coming months, the NATO Liaison Office in Skopje will focus on supporting North Macedonia with defense reforms and the country’s full integration into the Alliance. In practice, North Macedonia has already worked with NATO in Afghanistan and Kosovo. NATO had provided assistance to the nation in 2001, when violence broke out between ethnic Albanian insurgents and security forces had broken out.

NATO outlined key areas of cooperation between the alliance and its newest member:

Building capabilities and interoperability

  • An important focus of cooperation has been to develop the ability of North Macedonia’s forces to work together with forces from NATO countries and other partners, especially in peacekeeping and crisis-management operations. Participation in joint planning, training and military exercises has been essential in this regard.
  • Participation in the PfP Planning and Review Process since 1999 has also helped develop interoperability, as well as providing planning targets that are key to security reform and transformation objectives for the country’s armed forces.
  • In 2005, the country joined the Operational Capabilities Concept, a mechanism through which units available for operations can be evaluated and better integrated with NATO forces to increase operational effectiveness.
  • Participation in the Defence Education Enhancement Programme has helped improve education and training, which is essential for the country’s defence reform efforts.
  • Through participation in the Building Integrity Programme, North Macedonia has worked to strengthen good governance in the defence and security sector, and reduce risks of corruption by strengthening transparency and accountability.
  • In 2013, the country’s Public Affairs Regional Centre in Skopje was recognised as a Partnership Training and Education Centre, opening its activities to Allies and partners.
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Support for NATO-led operations

  • North Macedonia deployed troops in support of the NATO-led International Security Assistance Force in Afghanistan from 2002 to end 2014. It is currently supporting the follow-on Resolute Support mission to train, advise and assist the Afghan security forces.
  • The country was a key partner in supporting NATO-led stabilisation operations in Kosovo in 1999, as NATO forces deployed North Macedonia to halt the spread of the conflict as well as to provide logistical support to the Kosovo Force (KFOR). The Allies also provided humanitarian assistance to help the North Macedonia deal with the flood of refugees from Kosovo. The country, which once hosted a NATO military headquarters in Skopje during the operational period of KFOR, continues to provide valuable host nation support to KFOR troops transiting its territory.

Wider cooperation

  • North Macedonia supports implementation of the Women, Peace and Security agenda.
  • The country is strengthening its national civil preparednessand resilience with the support of NATO. Practical cooperation with the Euro-Atlantic Disaster Response Coordination Centre (EADRCC) has also enhanced crisis management capabilities and interoperability.
  • North Macedonia has been actively engaged with the NATO Science for Peace and Security Programme since 1998. Recent activities have focused in particular on cyber defence and counter-terrorism, defence against chemical, biological, radiological and nuclear agents, and environmental security.
  • National government and local non-governmental organisations have provided public information on NATO and its relations with North Macedonia, with the support of NATO, its Liaison Office, as well as individual Allies and partner countries.

Photo: Speaking in Brussels on March 27, NATO Secretary General Jens Stoltenberg said, “North Macedonia is now part of the NATO family, a family of thirty nations and almost one billion people. A family based on the certainty that, no matter what challenges we face, we are all stronger and safer together.“ North Macedonia is a long-standing contributor to NATO’s Euro-Atlantic security, including by participating in NATO-led missions in Afghanistan and in Kosovo. (NATO)

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Foreign Policy Update

US HUMANITARIAN ASSISTANCE

The US government often is criticized by unfriendly nations. This week there is little to criticize as the State Department and USAID stepped up, amid America’s own national health crisis, to deliver nearly $100 million in emergency health assistance from USAID’s Global Health Emergency Reserve Fund and $110 million in humanitarian assistance from USAID’s International Disaster Assistance account. With Secretary Pompeo’s announcement Thursday, it increases the US total to $274 million in funding.

This money is going to 64 of the most at-risk countries facing the threat of this global pandemic. Through the State Department’s Bureau of Population, Refugees, and Migration, the UN Refugee Agency (UNHCR) also will receive $64 million in humanitarian assistance to help address the threats posed by COVID-19 in existing humanitarian crisis situations for some of the world’s most vulnerable people. The United States is leading the world effort to combat the Covid-19 virus.

AFGHANISTAN

When asked if the deal with the Taliban is holding, Secretary of State Michael Pompeo said that “…”like every effort at peace after now a couple decades of fighting, with Americans – 40 years all in all in Afghanistan – we knew it would be a rocky path.  We’ve made some progress.  It looks like there’s going to be the first prisoner release.  That was a key part of getting the parties back to the negotiating table.”

Pompeo added that it is the US mission set to get the Afghans to resolve the conflict. “We need to reduce the risk, to protect American interests, make sure there’s not a attack on America from Afghanistan – that’s the mission the President has set out for us – and at the same time, to reduce the risk to our men and women there,” he pointed out. 

IRAN

According to Pompeo, it is absolutely clear that the approach that the United States took to the Islamic Republic of Iran in “the previous administration set up America for risk, set up the world for a pathway to a nuclear weapon there.” He noted the way the regimes treats the Iranian people during the Covid-19 crisis. According to Pompeo, the leadership is continuing to spend money on weapons. He noted that Katusha rockets were fired inside of Iraq by militias trained, assisted, support provided, by the “rogue” Iranian regime.

VENEZUELA

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In countries like Venezuela the United States is doing its best to ensure that humanitarian assistance for the Covid-19 pandemic can make its way in.  Pompeo pointed out that in some of these countries, when humanitarian assistance is offered they often reject it. “I think it’s indicative of these leaders who care so little about their people they execute plans that are corrupt.  They take care of the leadership but don’t take care of their own people,” said Pompeo.

CHINA

There are many products that the United States sole sources from China. In some case the medicines are critical pharmaceuticals. In others, China forms a part of the supply chain that the US requires to complete technologically-driven products. In a recent interview the Secretary of State said that “President Trump, from the beginning of our administration, made clear that the trade relationship with China was fundamentally unfair, it wasn’t reciprocal.  I think you can see that some of the supply chain challenges that we’ve had are a result of the fact that companies were operating their supply chains out of China but not here in the United States.” Pompeo said that after the Covid-19 crisis is over the United States is going to have to make some very important decisions about exactly how the US-China trade relationship is to be structured in the future.

He added that Washington wants the Chinese people to be successful. “But,” he said, “it’s fundamentally the case that we have to make sure that we do right by the American people, that we get this relationship not only with China but with every country right, so that we can ensure that we do right to protect and keep safe the American people the way President Trump committed to do.”

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Saturday, she presents key updates on U.S. foreign policy from the State Department.

Illustration: Pixabay


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China’s Hidden Power

While all eyes may be trained on China due to the Covid-19 virus, foreign analysts still struggle to sort out what they actually know about the country and how its military operates. In contrast, western democracies are vastly more transparent about their military budgets and overall government spending. Beijing presents a very different story of under-reporting and under-the-table tactics designed to avoid close scrutiny by other nations. Before it opened to the West, intelligence analysts in the US often were left guessing who in the Chinese leadership was in favor and who was out. There was little, solid quantitative analysis available then or now. For many years the intelligence community resorted to simply counting the number of times a leader’s name, such as Mao Zedong, was mentioned in a major speech. Analysts believed less mentions inferred an ongoing internal leadership struggle. 

While Chinese society is more open today than during the Cultural Revolution, democratic governments still do not have a good level of certainty about how much the Chinese Communist Party (CCP) spends on the country’s military or related activities. Since 2000 the CCP, which funds the People’s Liberation Army (PLA), has invested heavily in its modernization with the goal of overtaking the west within a few decades. Long-term thinking is one of China’s cultural strengths. 

American military planners traditionally could count on being three-to-four generations of technology ahead of China, which in itself was a strategic advantage. Today that gap has disappeared. For the last two decades the CCP has annually increased its military budget by 13.54%, according to a There are different generic line viagra causes of joint pain for example as; steroid drug withdrawal, torn ACL, sacroiliac joint dysfunction, SAPHO syndrome, sickle cell anemia, torn meniscus, knee injury, dengue fever, arthritis, aseptic necrosis, bursitis, fibromyalgia, lliotibial band syndrome and elbow pain. There are also purchase levitra generic versions available in the market or through online pharmacies that are being used to treat impotence. Liu has suffered from prostatitis for many find over here now on line viagra years. Safed Musli : The appalachianmagazine.com purchase levitra perfect Sex Stimulator and aphrodisiac as well as rejuvenator.2. recently released Heritage Foundation study. In total, the expansion of the military budget represents a 3,852% increase in nominal growth. This also represents a strong commitment by China to overtake the west and to recapture the prestige it feels rightly belongs to the Middle Kingdom.

Eighteen years ago, the former Secretary-General of the CCP, Jiang Zemin, declared the early decades of the 21st century to be a period of “strategic opportunity” for China. Speaking to the CCP’s 19th Party Congress in Beijing, Jiang explained that the first 20 years would be for progress toward strategic warfighting domains, the next fifteen were for modernization and by 2050 he announced China would be a world-class military. In its latest annual report to Congress, the US-China Economic and Security Review Commission stated that China is ahead of this schedule by over a decade. Despite any short-term disruptions encountered due to the Covid-19 virus it appears China is well-positioned to be a major thorn in the side of western leaders given its recent history of increasingly aggressive military behavior across the globe. 

When western nations attempt to evaluate how much China is spending it is important to recognize that the Chinese version of what is included is very different from what is included in democratic nations.  Many parts of Chinese military spending simply are not quantitatively available for analysis by non-Chinese. Transparency is lacking. And, little of the official data put out by the CCP is reliable. When China does release numerical figures (vs. a percentage increase or decrease), they are suspect as they are created typically to back the government’s latest propaganda campaign. There are other differentials that need to be examined but often get overlooked by the western media. The cost of labor in China is not equal to the costs incurred by employers in the west. Items not labeled as military expenditures in China often do fall under western military budgets. It makes it incredibly difficult for a fair comparison of spending between the west and China. In addition, there is the ubiquitous use of the PLA to reinforce the stability of the Communist Party and its absolute leadership over the country.  Today, President Xi Jinping uses the PLA to stabilize his authoritarian rule and to reinforce the indoctrination of the Chinese people. The CCP leadership doesn’t trust the population to support it without draconian measures designed to instill fear and obedience. There is no quantitative measure to identify the cost of repression. The western media act outraged at the size of the US defense budget, yet few delve into the real story behind the numbers of what China is doing today and where it plans to be tomorrow.

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Saturday, she presents key updates on U.S. foreign policy from the State Department.

Photo: China Ministry of National Defense

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Partisanship over the National Interest

A deal was finally reached this week in the Senate concerning a national fiscal response to the covid crisis, but it cannot coverup the inexcusable attempt by Democrats to use the disease for political gain. Following news of the Senate deal, passage of the legislation was stalled again by House Speaker Nancy Pelosi, (D-California) when she inexplicably closed the House for a day following the announcement of the deal.

As the nation agonizes through the covid crisis and responsible leaders seek means to address the problems and alleviate the fiscal challenges facing both individuals and businesses, several key Democrat officials seek to gain political advantage at the expenses of suffering people and enterprises.

In a move that represents the ultimate low in tawdry partisanship, Senate Minority Leader Charles Schumer and House Speaker Nancy Pelosi delayed passage of bipartisan legislation aimed at bringing rapid support to the nation’s families and enterprises.  Democrat presidential presumptive nominee Joe Biden has also jumped on the Party-before-Nation bandwagon.

The heartless maneuver was sharply criticized by elected officials on both sides of the political aisle. The Free Beacon quotes New Jersey Democrat Rep. Mikie Sherrill  rebuking Pelosi and Schumer, noting that they  “block  legislation because they ‘don’t want to give the president a win…. Sherrill revealed the ‘shockingly different mindset’ of congressional Democrats who prioritize resisting President Donald Trump over passing legislation that could help their constituents.”

The Wall Street Journal described the situation: “What a spectacle. Much of America is quarantined at home, the public is so panicked there’s a run on toilet paper, the country desperately wants reassurance, and Nancy Pelosi and Chuck Schumer decide to take a bipartisan rescue bill as a political hostage. That’s the display of Democratic leadership in a crisis the nation received on Monday as Senate Democrats blocked a $1.8 trillion bill that has urgent money for workers, hospitals, small business and, yes, even larger companies threatened by the forcible shutdown of the U.S. economy. When America most needs bipartisan cooperation, Democrats add to the economic uncertainty by putting their partisan interests above the needs of the country……Do Democrats even care? It isn’t obvious as they pander to their progressive base to make last-minute demands while blocking the rescue cash. The political chronology is instructive—and depressing about the state of Democratic leadership.”

The laundry list of unrelated ideological items the Democrat leadership wanted inserted into what was designed as a measured solely to help ease the covid crisis was lengthy.  It included a bailout for the Postal Service, tax credits for wind turbines and solar panels, implementation of portions of the Green New Deal, environmental requirements for the airline industry, corporate board diversity, political favors for unions, early voting, and same day voter registration.

Why would Democrats delay urgently needed help to the American people for political purposes? As House Majority Whip James Clyburn noted, the crisis is a “tremendous opportunity to restructure things to fit our vision.” Georgia Attorney General Chris Carr called out the former The procedure involves making small incisions with the use cialis samples online of the all-natural Tongkat Ai. The continuous trials and efforts of the medical science have helped in the order viagra online invention of efficient anti-impotency medicaments that have become the one stop solutions for patients to take timely treatment. The Hormone Sex therapy put amerikabulteni.com order viagra canada this right in both men and women. If you have a different viewpoint, say so, but expect that they likely will have a online sildenafil different view from you. Vice President and Democrat presumptive nominee Joe Biden for “his shameful politicization of a worldwide pandemic.”

The politicalization has not only been on the national level.  New York City Mayor Bill di Blasio’s refusal to close down schools until the Teacher’s Union threatened a law suit, a move that turned the Big Apple into the national covid epicenter. His administration failed to order the supplies the city obviously needed for the growing crisis, again exacerbating the situation.  Rather than own up to terrible errors, the Mayor uses his press conferences and public addresses to engage in partisan attacks on the White House.

While targeting President Trump, the Democrats have given a virtual free pass to the Chinese leadership, which through negligence or malfeasance is solely responsible for the pandemic.  Despite knowing of the problem since early November, the Beijing regime hid the problem as long as they could. Xi Jingping was concerned that a downswing in the economy would cause grumbling against his autocratic rule.  The Chinese Communist Party not only tried to cover up the outbreak, they persecuted heroic Chinese citizens who sought to bring the problem to the attention of their fellow countrymen and the world.

Despite that, Democrats soundly criticized any attempt by President Trump to describe the Chinese origins of the crisis.

One would expect the television media would, as the Wall Street Journal has, soundly and loudly criticize the Democratic Party leadership for its party-above-nation position.  But it has dovetailed its coverage with the actions of Schumer, Pelosi, and Biden.  It has refused to remind the nation of how wrong the Democrat leadership was last January, when they criticized the President for his move to ban Chinese travelers from entering the U.S., a move that saved the nation from an even more intensive crisis. President Trump was blasted as being “xenophobic” and racist at the time.

Photo: House of Representatives

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Using the Covid Crisis for Political Gain

This article was provided exclusively to the New York Analysis of Policy and Government by the distinguished retired jurist, John H. Wilson.

EDITOR’S NOTE: As this article went to press, passage of the Senate legislation to provide aid to Americans economically strapped by the Covid Crisis was inexplicably delayed by House Speaker Nancy Pelosi, who dismissed the House at 10:02 am this morning.

Covid-19.  Chinese Coronavirus.  The Wuhan Flu.  Whatever you want to call it, and whether or not you think this is the plague of end times, or an utterly overblown “angry flu,” the reaction of the world’s governments to this spreading virus has become the most important issue of our current age.  

In Italy, entire cities have been placed under quarantine.    In China, where the disease originated, the government admits over 3,000 people have died,    while in Spain, the current death total is just under 800.  As of this writing, Iran has suffered over 1,100 deaths due to coronavirus, and Italy is right behind China at over 2,500.  Worldwide, the total number of people lost to this illness is 7,500, with that number increasing daily.  Here in the United States, as of this writing, the death toll is 160. 

These numbers pale in comparison to the number of people who die from the common flu every year.  According to the Center for Disease Control (CDC), between October 1, 2019 and February 1, 2020, 12,000 people died in the United States from influenza, out of 31 million Americans infected by the illness in that same time period. 

So why the panic?  Perhaps the insidious nature of the coronavirus strikes at the imagination of the public.  Those infected may display no symptoms at all while at the same time, infecting others unknowingly and unwittingly.  Recent research shows the average incubation period of the illness is 5 days, but symptoms such as fever, a dry cough, or body aches may not appear for any where from 3 to 14 days after infection. 

Rather than take any chances with an illness that can spread so rapidly and unknowingly, most of the World’s governments have taken extreme measures to control the spread of the virus.  On March 13, 2020, President Trump declared that “the outbreak of Covid-19 in the United States constitutes a national emergency,” and granted authority to the Secretary of Health and Human Services (Dr. Ben Carson) “to temporarily waive or modify certain requirements” of Medicare, Medicaid, and other government health insurance programs.   Congress has also authorized a multi-billion dollar spending bill to combat the virus, including free testing and paid emergency leave. 

In his famous statement, former Mayor of Chicago Rahm Emmanuel said, “you never let a serious crisis go to waste…its an opportunity to do things you think you could not do before.”  Certainly, the coronavirus pandemic is the very definition of a crisis, and there has been no shortage of attempts to take advantage of the situation.

While the coronavirus relief bill was being debated in the House, Speaker Nancy Pelosi was accused of attempting to insert funding for abortion clinics into the bill.    Politifact immediately claimed the story was not true, but did admit that “Pelosi’s staff had no comment.”  Meanwhile, Mother Jones accused Republicans of trying to insert anti-abortion restrictions into the coronavirus bill. 

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A blatant example of a local government trying to exploit the crisis comes from Champaign, Illinois.  There Mayor Deborah Feinen signed a declaration of a state of emergency.  According to the Washington Examiner, “among the powers Feinen gained after signing the executive order was the power to ban the sale of guns, ammunition, alcohol, and gasoline. Feinen could also cut off access to individuals’ gas, water, or electricity. The city also has the ability to “take possession of private property” or order the temporary closing of all bars or liquor stores.”    The Mayor granted herself these powers, even though there was not a single case of Covid-19 in her town, and 32 cases in all of Illinois.

After Mayor Feinen’s power grab became national news, the City of Champaign was quick to state that it had not actually banned the sale of alcohol or firearms.  But this was not the point – the Mayor has the power to do so anytime she chooses.

In New York City, which continues to suffer the ill-effects of their “no-bail” policy, Mayor Bill De Blasio has been pummeled for his attempts to declare his own version of a state of emergency.  After closing the schools,  De Blasio proposed that New Yorkers “shelter in place,” which sounds suspiciously like a small step below the quarantine imposed upon Italians by their government.  Even Governor Cuomo, no stranger to the use of government to solve all problems, would not endorse this step. 

But governments are not the only ones who seek to exploit the crisis.  New York’s Legal Aid Society recently demanded that “City Hall must put an immediate moratorium on arrests…we are in the midst of a pandemic, and our last priority should be to cycle New Yorkers through our broken criminal justice system.”  As an alternative, the New York Post proposes that Governor Cuomo use his emergency powers to suspend the “no-bail” law to give judges “maximum discretion right now.” 

The Legal Aid Society also called for the release of inmates since jail “facilities are a literal breeding grounds for infectious disease such as COVID-19.”  This call has found some support from the Mayor, who has announced that “we will identify any inmates who need to be brought out because of either their own health conditions — if they have any pre-existing conditions, etc. — or because the charges were minor and we think it’s appropriate to bring them out in this context.”  Completely unaware of the irony of his next statement, Mayor De Blasio added, “we still need our criminal justice system to function.” 

Releasing inmates and refusing to make arrests is no way to maintain public order during a pandemic, but Philadelphia has made an art form of dysfunction.  The Police Commissioner of Philadelphia, the delightfully named Danielle Outlaw, had announced that her officers will not be making arrests, but instead, will “temporarily detain (a person stopped for a crime) to confirm identification and complete necessary paperwork. The individual will then be arrested on a warrant at a later date.”    In other words, if I’m caught trying to steal your car, or just break into it, in Philadelphia, I will be actually arrested some time in the future – maybe.

In other words, Commissioner Outlaw is encouraging lawlessness.  But her policy is in keeping with the wishes of the District Attorney and Mayor of Philadelphia, who have instituted their own no bail policy.    Why shouldn’t Commissioner Outlaw use the Covid-19 crisis to further Philadelphia’s no-bail policies?

In the months to come, as the virus spreads, local and national governments will begin to assert their powers to protect the health, safety and welfare of their citizens.  What we must watch for, are those efforts to use the crisis to foster and encourage pre-existing social policies, such as the no-bail laws of New York and Philadelphia, or the anti-gun sentiments of the Mayor of Champaign, Illinois.

Illustration: Pixabay

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Two Sides of President Trump and the Rule of Law, Part 2

This article was submitted by the distinguished judge John H. Wilson (retired)

In the meanwhile, another pair of lawsuits, these brought by President Trump’s Campaign for Reelection, have excited attention and the usual condemnation from the mainstream media.

Max Frankel, a former editor of the New York Times, published an opinion piece in that newspaper, in which he speculated that there was, indeed, collusion between the Russian government and the Trump campaign – “they had an overarching deal” Frankel writes.  “The quid of help in the campaign against Hillary Clinton for the quo of a new pro-Russian foreign policy, starting with relief from the Obama administration’s burdensome economic sanctions.”  Admitting that such tacit agreements are not illegal, Frankel stated that “pledges of sanctions relief and other specific moves while not yet in office were unseemly at best and clearly offensive to the American convention that we have only one president at a time.”  Frankel concluded that “President Trump has watered down the sanctions and otherwise appeased Russian interests, even at the expense of America’s allies. Call it the art of the deal.” 

The New York Times published these unsubstantiated ramblings, despite no evidence of any agreement between the Trump campaign and the Putin Administration, and despite evidence of sanctions brought by the Trump Administration against the Russian government for election interference. 

In response to this article, the Trump reelection campaign brought a libel lawsuit in New York State court.  According to Reason, “The Trump campaign’s lawsuit…claims that The New York Times published the claims of collusion despite ‘knowing them to be false, and knowing it would misinform and mislead its own readers, because of The Times’ extreme bias against and animosity toward the Campaign, and The Times’ exuberance to improperly influence the presidential election in November 2020.’”   

Shortly after bringing their case against Frankel, the Trump campaign brought another case against the Washington Post and two of their columnists, Greg Sargent and Paul Waldman.  Both write for the Post under an Opinion Blog called, “The Plum Line.”  In a column dated June 13, Sargent wrote that “Special Counsel Robert Mueller concluded that Trump’s campaign ‘tried to conspire with’ a ‘sweeping and systematic’ attack by Russia during the 2016 election.”  On June 20, Waldman then wrote “Who knows what sort of aid Russia and North Korea will give to the Trump campaign, now that he has invited them to offer their assistance?” (Note – the original articles by both Sargent and Waldman are behind a “pay wall,” and accessible only to subscribers of the Washington Post.)

The Trump campaign has labeled both of these comments as false and defamatory,  stating that “The Mueller Report concluded there was no conspiracy between the Campaign and the Russian government,” and that there “has never been any statement by anyone associated with the Campaign or the administration ‘inviting’ Russia or North Korea to assist the campaign in 2019 or beyond.” 

Prior to being sued themselves, the Washington Post had declared the lawsuit against the New York Times as “dead on arrival.”   Andrew McCarthy in National Review called the same lawsuit “curious” and “patently meritless.”    For their part, Reuters seems to believe that these lawsuits are part of a pattern to “escalate the Republican president’s long-running battle with news media he believes demonstrate bias against him, a list also including CNN and MSNBC and which he frequently brands ‘fake news,’” and further notes that as part of this effort, Trump “sometimes attacks news media at campaign rallies, where his comments often generate applause and his supporters sometimes jeer journalists.” 

In fairness, the media do have a point.  

In 1964, the US Supreme Court ruled in New York Times v. Sullivan, that “when a statement concerns a public figure…it is not enough to show that it is false for the press to be liable for libel. Instead, the target of the statement must show that it was made with knowledge of or reckless disregard for its falsity.”  Relying on that decision and its high standard of proof, the press has published just about anything it wants regarding a public figure.

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More likely than not, the Trump lawsuits against the Times and the Post will be dismissed.  However, the purpose of filing a lawsuit is not always to win.  Sometimes it is enough to bring attention to an issue.  

As Reuters stated, President Trump has often complained about “fake news” and the attacks of the mainstream media on himself, his family, and his administration since before his election.  If he brings a lawsuit on occasion against these same media outlets, even if the case is dismissed, those who view the Trump presidency favorably will continue to support the President’s actions.  

Further, these lawsuits may encourage people to read the Frankel, Sargent nd Waldman pieces, and notice the absurdity of each author’s arguments.  This, too, suits the President’s purposes.

Thus, the same president who supports a bench which is filled with “constitutional traditionalists” is not afraid to use a lawsuit to further his own political ends.  Are these two positions inconsistent?  Not really.  Even if his libel lawsuits fail, given his previous actions, there is no evidence that Trump would suddenly seek to pack the courts with judges who will follow his dictates.  Instead, the evidence is all to the contrary – President Trump will continue to appoint judges who will follow the law, and not their personal whims, whatever personal use the President makes of the courts.

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Quick Analysis

Two Sides of President Trump and the Rule of Law

This article was submitted by the distinguished judge John H. Wilson (retired)

In previous columns, I have discussed the efforts made by the Trump Administration to put in place non-activist judges, ones who would respect the Constitution as the basis for federal law, and not automatically rule in favor of the latest left-wing movement.  Happily, those efforts have begun to bear strong and healthy fruit.

At the same time, President Trump is not afraid to make use of the Courts for his own purposes.

Besides California, New York State has been a leader across the nation in the establishment of “Sanctuary City” policies.  At the end of 2019, the “Green Light Law” took effect, which “allows all New Yorkers age 16 and older to apply for a standard, not for federal purpose, non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States.”  According to USA Today, the law also “included a provision prohibiting state DMV officials from providing any of its data to entities that enforce immigration law unless a judge orders them to, leading the state to cut off database access to at least three federal agencies last week, (including)…U.S. Customs and Border Protection, or CBP…and U.S. Immigration and Customs Enforcement, or ICE.” 

The only people surprised by the response of the Department of Homeland Security were the Governor and other political leaders of New York State.  Quoting USA Today once more, “the Department of Homeland Security announced it would block New York residents from applying for, or renewing membership in programs that expedite international travel…The programs include Global Entry, which expedites entry into the U.S. from international destinations; NEXUS, which speeds entry to the U.S. from Canada; SENTRI, which covers entry to the U.S. from Canada and Mexico; and FAST, a program for truck drivers crossing into Canada or Mexico.” 

Rather than rescind a law that clearly violates federal immigration law and provides a form of legal status to persons who have entered the country illegally, New York chose to double down, and file litigation against the Department of Homeland Security.  In February, NY Attorney General Letitia James brought a complaint in the Southern District of New York, claiming that “singling out one state for coercion and retribution as a means to compel conformity with preferred federal policies is unconstitutional.”  Naturally, the lawsuit skirts over New York State’s own illegal and unconstitutional effort to circumvent federal immigration law.

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In 2017, the Trump Administration declared that it would withhold federal law enforcement grants from cities and states that did not cooperate with federal attempts to enforce immigration law.  In response, seven states and the City of New York sued in the Southern District of New York, claiming the federal government had no right to withhold these funds. 

The lower court had granted the request of the Sanctuary States, and ruled that the Trump Administration could not withhold these funds, a ruling consistent with the rulings of three other  federal appeals courts – Chicago (7th Circuit), Philadelphia (3rd Circuit), and San Francisco (9th Circuit).  However, in a unanimous opinion authored by Judge Reena Raggi, the Second Circuit reestablished the rule of law.

In clear and unmistakable language, Judge Raggi wrote “as the Supreme Court has repeatedly observed, in the realm of immigration policy, it is the federal government that maintains ‘broad’ and ‘preeminent’ power…at the same time that the Supreme Court has acknowledged States’ ‘understandable frustrations with the problems caused by illegal immigration,’ it has made clear that a ‘State may not pursue policies that undermine federal law.’  As Chief Justice John Marshall wrote over 200 years ago, ‘the states have no power by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by congress to carry into execution the powers vested in the general government.’  This fundamental principal, a bedrock of our federalism, is no less applicable today.  Indeed, it pertains with particular force when, as here, Congress acts pursuant to its power under the Spending Clause.”  (Citations omitted) 

Naturally, the usual complaints were made about the Second Circuit’s ruling.  As quoted by the Associated Press, Cody Wofsy, a staff Attorney with the ACLU, stood the legal standard quoted by the Court on its head, and claimed that “under the Constitution’s federalism principles and the 10th Amendment…states and municipalities ‘are entitled to decline to become part of the administration’s deportation force,’” while Mayor Bill DeBlasio moaned that the President’s  “latest retaliation against his hometown takes away security funding from the number one terrorist target in America — all because we refuse to play by his arbitrary rules.” 

Considering the split between the Circuit courts, the issue will need to be decided by the US Supreme Court.  But it does not take a crystal ball, or a time machine, to know that the odds of the Supreme Court supporting its own stated principals is extremely high, and that the Second Circuit ruling will be upheld.

The Report concludes tomorrow

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Foreign Policy Update

VENEZUELA

With the Covid-19 pandemic capturing much of the world’s attention US Secretary of State Michael Pompeo did not forget the US citizens wrongly held in a Venezuelan prison.  This week he pointed out that the Maduro regime finally is acknowledging that COVID-19 cases are appearing in Venezuela. The Secretary then called for the Americans to be released saying “We are extremely concerned about the risk for the five U.S. citizens and one U.S. resident from Citgo who are currently languishing in the notorious Helicoide prison in Caracas. These wrongfully detained men all have weakened immune systems due to cumulative health problems and face a grave health risk if they become infected. Seventeen hearings have been cancelled. They have already spent more than two years in jail without an ounce of evidence being brought against them; it is time to release them on humanitarian grounds.” The brutal Maduro regime continues to hold a number of political prisoners and many other in the country remain unaccounted for since he took over power in April 2013.

IRAN

The State Department this week added five Iranian nuclear scientists to its growing sanctions list for their involvement in Iran’s pre-2004 nuclear weapons program, known as the Amad program. Secretary of state Pompeo said that the group of five “continue to be employed by the regime to this day.” “After work on the Amad plan was stopped, Iran continued to preserve its Amad-era records and its cadre of nuclear weapons scientists, including these individuals, he added. 

The Amad Plan started in 1989 with the goal of developing nuclear weapons for the country. Iran in 2015 denied its existence saying it has no program aimed at the development of a nuclear explosive device. In 2018 Israeli Prime Minister Netanyahu referred to the Amad Plan saying there were over 100,000 documents smuggled out of Iran by the Mossad that confirmed its existence. The goal, according to the documents, was to produce and test five nuclear warheads, each with a ten kiloton TNT yield for integration on a missile. The five new names continue to bring attention to the need for a full accounting by Iran of its nuclear weapons program. 

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VIETNAM

Morgan Ortagus, the State Department Spokesperson, said the US is dismayed by the conviction of blogger and Radio Free Asia (RFA) contributor Truong Duy Nhat, and his sentencing to 10 years imprisonment. “The conviction is under vague charges related to fraud allegations dating back nearly 20 years.  We remain troubled by Nhat’s sudden disappearance from Bangkok, Thailand on January 25, 2019, the day after he initiated a request to register as a refugee with the Office of the United Nations High Commissioner for Refugees (UNHCR), and his reappearance in a Vietnamese prison three months later.,” Ortagus added.The State Department called on Vietnam to “immediately release Nhat and all prisoners of conscience and to allow all individuals in Vietnam to express their views freely and assemble peacefully without threat of retribution.” Last year Vietnam ranked 176th out of 180 countries in the Press Freedom Index—just below Sudan and slightly above China’s ranking. Vietnam is “not free,” according to Freedom House, a US government-funded rights group. At least 30 bloggers and journalists are being held in Vietnamese jails. The communist government employs intimidation tactics to control the free flow of information. Even privately owned news outlets are tightly controlled by the regime. It is believed that the overall number of prisoners in Vietnam has increased by one-third since last year. Many are activists charged under Article 117 of a new 2018 penal code that prohibits “making, storing, disseminating or propagandizing materials and produce that aim to oppose the State…” Journalists who don’t comply are warned, fined, and jailed under horrible conditions.

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Saturday, she presents key updates on U.S. foreign policy from the State Department.

Illustration: Pixabay

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China’s Pharmaceutical Challenge

As the Covid-19 pandemic spreads to every corner of the world, many in the United States are wondering about the depth of its impact on the economy and the American people. Another, perhaps more critical, issue we need to address is what lessons we can learn from the current crisis to improve our health care system and to prepare for future unforeseen, “black swan” events. In particular, Washington should be examining the role of prescription drugs in terms of the national security challenge posed to it by China.

Health care in America is dependent on a long and complex drug supply chain which most often originates in China. Outside of a few policy makers in Washington, not many in the media or academia are examining the role China plays in producing critical medications and active pharmaceutical ingredients (API’s) for the United States. Yet the data on this strategic vulnerability are shocking and sobering. Over 97% of all antibiotics consumed in the US are manufactured in China along with 80% of our API’s. The result is that China maintains a global chokehold on the chemical components that make the key ingredients found in the vast majority of our prescription drugs. About 40% of all generic drugs in the US have a single manufacturing source, most likely China. No companies in the United States manufacture Vitamin C. The last penicillin manufacturing facility in the US closed in 2004. Of the two tons of heparin used in the US each month, 70% is manufactured in China. The key API’s in generic medications which treat high blood pressure, Alzheimer’s, Parkinson’s, epilepsy, depression, and cancers, among other health concerns, all originate in China. Even the US source of treatment for anthrax, ciprofloxacin, originates in China.  

How did the United States, and much of the western world, become so heavily dependent on China to supply its critical drug needs? In part it results from China’s long-term, strategic planning. “Long-term” is a difficult concept for many American policymakers to grasp as Washington operates on election cycles. In 1984 the US Congress passed a generic drug law with the goal of reducing the cost of medicine. The long-term, unplanned for, result was American pharmaceutical companies off-shored production to the East to reduce labor and production costs. 

The culture of the Chinese Communist Party (CCP), in contrast, analyzes the world through a generational lens. Its economic plans are ten years in length. The Unequal Treaties period in its history, which ended in the early 20th century, is spoken of as yesterday’s great national shame. China’s game plan, as stated in CCP doctrine, is to emerge in the coming decades as the dominant global supplier of prescription drugs and API’s. To accomplish its long-term The medicine works only if order cialis online the user is sexually aroused otherwise it is simply discarded by the body. online purchase of cialis Also these generic medications gives same results but in less than 30 minutes. 4. The role of the partner is crucial in levitra without prescription this link overcoming Performance Anxiety. Moreover, owners are given two options for selling their laptop; they can either exchange it at buy viagra prescription the time of sex. goal China was willing to dump products below market price to drive out competitors. Once it was able to sole-source medications, such as penicillin and cancer treatment drugs, Chinese manufacturers raised prices. There never was an intention on China’s part to create a level playing field. It aims to be the world’s pharmacy in keeping with its “Made in China 2025” plan.

As Brigadier General John Adams told NBC News last fall, “Basically we’ve outsourced our entire industry to China… I think they know exactly what they’re doing and they’re incredibly good strategists. They’re doing this, they select their industries for the future, and they’ve got a plan.” The US is in a precarious position. Even if China continued to supply the world with prescription drugs and API’s at free market prices its quality control is not up to FDA or European pharmaceutical standards.  In 2018 alone the FDA issued 50 recalls for Chinese blood pressure medications because the API, Valsartan, contained jet-fuel contaminants which are known to cause cancer in one in 8,000 people! The FDA has less than 30 staff inspecting over 3,000 manufacturing facilities. When the FDA is permitted to inspect a plant in China it must provide advanced notice. Often documents are not translated into English and, generally, no independent interpreter is provided during the inspection itself. Finally, the FDA has no means of enforcement in China. The US is in such a dire situation that the FDA has reversed its bans on some Chinese API’s because, it said, it is better to have a poor choice than none at all.

The United States has a short window of opportunity to alter the strategic drug marketplace. China won’t reach its global drug supplier ambitions in this decade. But, it will be capable of leveraging its power within a couple. For American policymakers this is someone else’s problem down the road. The reality is that prescription drugs are not a commodity but a strategic asset that needs to be protected or the US will see a repetition of early 1990’s policy when Washington said the US had nothing to fear from China as it was “three-to-four generations behind” in advanced technology.

There is a three-pronged approach the United States can take in 2020. First, Washington’s thinking must come to understand that pharmaceuticals are a strategic asset and treat them as such. While they are part of the private sector economy they serve a public good. Second, manufacturing of API’s and important pharmaceuticals must be returned to America’s shores. Their loss resulted in hundreds of thousands of manufacturing jobs going overseas and tens of thousands of research positions lost to China. A robust pharmaceutical industry is good for the security of the country and the work force. Finally, the United States must start a tracking and forecasting system as exists for the food supply industry. Right now there are over 8,000 chemical plants in the US, but little to no tracking of pre-cursor chemicals. Washington needs to think strategically and long-term. The situation needs to be remedied this decade so that the next one doesn’t find the country experiencing a new black swan event from which we can no longer recover.

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Friday, she presents key updates on China.

Illustration: Pixabay