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U.S. Responds to Iranian Naval Harassment

President Trump’s directive to the U.S. Navy to retaliate against Iranian harassment and threatening actions against the U.S. Navy reverses the Obama-Biden policy of pacificism that has emboldened Tehran for far too long.

“The president issued an important warning to the Iranians,” Deputy Defense Secretary David L. Norquist said during a Pentagon news conference. “What he was emphasizing is all of our ships retain the right of self-defense, and people need to be very careful in their interactions to understand the inherent right of self-defense.” 

The Iranian regime has a history of harassing U.S. vessels operating in the region. Small, quick Iranian boats have charged at U.S. ships in international waters. 

The president’s tweet does not signal a new policy, the vice chairman of the Joint Chiefs of Staff said, as U.S. forces in any environment retain the right to defend themselves. “Every ship that deploys in harm’s way has the inherent right of self-defense,” Air Force Gen. John E. Hyten told reporters. “What that means is if we see a hostile act, if we see hostile intent, we have the right to respond, up to and including lethal force.”

The latest incident involved eleven Iranian gunboats threatening several American vessels.

Iran has long used its naval forces to terrorize the international maritime community. In 2015, during negotiations of the Iran Deal and after its adoption, the U.S. Navy recorded 22 incidents of unsafe and unprofessional conduct by the IRGC Navy (IRGCN), many that risked collision. An additional 36 incidents of unsafe and unprofessional conduct were recorded in 2016.

In January 2016 incident, IRGC naval forces seized two U.S. Navy riverine boats and detained ten U.S. sailors for a period of 15 hours, parading them in front of propaganda cameras.

As noted by the U.S. State Department, When President Trump took office, he initiated a comprehensive review of the United States’ Iran policy in light of the Iran Deal’s failure to address the regime’s growing threats to international peace and security. During this review period, Iran continued its dangerous naval activity.

  • In March 2017, the USNS Invincible was forced to change course to avoid collision with multiple approaching IRGCN fast-attack small crafts.
  • In July 2017, an IRGCN vessel came within 150 yards of the USS Thunderbolt in the Persian Gulf, forcing it to fire warning shots.
  • In August 2017, an unarmed Iranian drone flew close to the USS Nimitz as fighter jets landed at night, threatening the safety of the American pilots and crew.
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In October 2017, President Trump announced a new Iran policy that made clear the United States would not tolerate the status quo from Iran, nor appease their provocations. Following the President’s announcement, incidents of IRGC naval harassment sharply declined and remained depressed even after the United States left the JCPOA.

In May 2019, Iran began a campaign of provocative actions to extort the world into granting it sanctions relief.

  • On May 12, 2019, IRGC naval personnel placed and detonated limpet mines on two Saudi, one UAE, and one Norwegian-registered ships while they were harbored in UAE territorial waters near Fujairah Port.
  • On June 13, 2019, IRGC naval personnel placed and detonated limpet mines on one Japanese ship and one Norwegian owned ship while they transited the Gulf of Oman. The U.S. later released a video showing IRGC naval personnel removing one of their limpet mines off the side of the Japanese tanker.
  • On June 19, 2019, IRGC personnel deployed a surface-to-air missile to shoot down a U.S. unmanned aircraft lawfully operating near the Strait of Hormuz. IRGC Commander Hossein Salami announced that Iran had shot down the drone, claiming that it was operating over Iran’s territorial waters.
  • On July 19, 2019, the IRGC Navy seized the British-flagged, Swedish-owned Stena Impero tanker while it was transiting the Strait of Hormuz. On the same day, the IRGC also temporarily detained the Liberian-flagged Mesdar tanker. The Stena Impero and her crew were detained in Iran for more than two months as negotiating leverage.

At the same time the Iranian regime is seeking sanctions relief, it focuses its resources and efforts to harass the international maritime community.

  • On April 14, 2020, the IRGC Navy forcibly boarded and detained the Hong Kong-flagged SC Taipei oil tanker outside of Iran’s territorial sea, and sailed the tanker into towards an IRGC naval base in Iran.
  • On April 15, 2020, eleven IRGC Navy small boats disrupted five U.S. naval vessels conducting a routine exercise by repeatedly engaging in high speed, harassing approaches. The Iranian vessels repeatedly crossed the bows and sterns of the U.S. ships coming as close as to within 10 yards of a US Coast Guard Cutter.

In response to the elevated risk posed to commercial vessels transiting the Strait of Hormuz, the United States spearheaded the creation of the International Maritime Security Construct (IMSC), a coalition of eight European, Middle Eastern, and Asian nations committed to ensuring freedom of navigation and the free flow of commerce through the strait. Since the IMSC was stood up in August 2019, Iranian mine attacks have ceased.

Photo: A 2010 demolition charge detonates 1,500 meters from Avenger-class mine countermeasures ship USS Scout. (U.S. Navy photo by Mass Communication Specialist 1st Class Joshua Lee Kelsey/Released)

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Civil Rights in the Time of Covid, Part 2

We continue with Judge Wilson’s (ret.) review of civil rights and the Covid crisis

INFRINGEMENT OF THE RIGHT TO TRAVEL

The right to travel between states has been long enjoyed by citizens of the United States, even though the “textual support” for this right is a bit unclear.  Still, as stated in the 1999 US Supreme Court case, Saenz v. Rose, “we need not identify the source of [the right to travel] in the text of the Constitution. The right of ‘free ingress and regress to and from’ neighboring states which was expressly mentioned in the text of the Article of Confederation, may simply have been ‘conceived from the beginning to be a necessary concomitant of the stronger Union the Constitution created.’ ”

Yet, the state of Rhode Island began to hunt down New Yorkers traveling to their state, going so far as to use the National Guard to track these travelers to the places they were staying.  A checkpoint was established on I-95, and cars with New York license plates were specifically targeted.    After less than a week of these excessive tactics, Rhode Island, under threat of a lawsuit from New York State, broadened their approach to include “any person coming to Rhode Island from another state for a non-work-related purpose” who “must immediately self-quarantine for 14 days.” 

Florida has set up similar checkpoints on its highways, targeting vehicles with New York plates coming from the North, and vehicles with Louisiana plates coming from the West.    To date, neither New York nor Louisiana has made any statement regarding these obviously illegal actions by Florida’s governor, Ron DeSantis, who has also instructed his state troopers to threaten those who do not self-quarantine with 60 days in jail. 

INFRINGEMENT ON THE RIGHT TO WORSHIP

As is stated in the First Amendment to the US Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”    There are fewer statements that are more direct and clear than this statement of the law of our land.

Yet, in Kentucky, the governor issued an order stopping all in-person gatherings, including festivals, government meetings and church services.  California also ordered the closure of their churches, deeming them to be an “unessential service.”  The Mayor of New York threatened to permanently close churches and synagogues that did not comply with his orders. 

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Despite these threats, various churches have kept their doors open in defiance of the civil authorities.  In Louisiana, Pastor Tony Spell of the Life Tabernacle Church stated, “We hold our religious rights dear, and we are going to assemble no matter what someone says.”    Florida went so far as to arrest Pastor Rodney Howard-Browne, who refused to close his church in Tampa.  Once more, Florida had not deemed church services to be an “essential service.” 

These are but a few examples of the overreach and unconstitutional power grabs going on throughout the country.  Yes, the state does have the power to act in the interests of the health and safety of its citizens.  But it does not have the power to exact criminal penalties on those who do not follow “stay at home” orders.  All the state can legally do is quarantine those who will not stay at home.  However, establishing quarantine centers costs more money than threatening citizens with criminal penalties, and enforcing these illegal laws on the few who will not cooperate.

And of course, it never hurts to take advantage of a crisis, and expand your power – does it?

This article was provided exclusively to the New York Analysis of Policy and Government by Judge John H. Wilson (ret.)

Photo: Pixabay

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Civil Rights in the Time of Covid

As the coronavirus, which originated in Wuhan, China, spreads across the globe, here in the United States, local, state and the federal government have taken extraordinary measures to stop the spread of the illness.  President Trump had initially issued federal guidelines asking people to “shelter at home” until approximately Easter (April 12).  This guideline has recently been extended to the end of April. Many states, including Maryland and Virginia, have issued mandatory “stay at home” orders to their citizens.  As reported in USA Today, “at least 30 states have such orders in place, although they go by different names – often shelter in place or stay at home – and they have exceptions for essential tasks such as grocery shopping, visiting a doctor and exercising, as well as some jobs deemed critical.” 

The Mayor of Washington, DC, Muriel Bowser has threatened criminal penalties for not obeying her “stay at home” orders, including imprisonment up to 90 days, a $5,000 fine, or both.  She is not alone – The Governor of Hawaii and the Governor of Virginia (remember Ralph “Blackface” Northam?) have made similar threats. 

As is natural in a country dedicated from its inception to freedom, many citizens have complained about these heavy-handed efforts to keep people away from each other.  However, it must be remembered that the government has broad powers to protect the health and safety of its citizens.  For instance, in the 1915 US Supreme Court case Sligh v. Kirkwood, the Court stated that “the power of the State to . . . prevent the production within its borders of impure foods, unfit for use, and such articles as would spread disease and pestilence, is well established.”   As stated by the Legal Information Institute, “there…can be no question of the authority of the state, in the interest of public health and welfare, to forbid the sale of drugs by itinerant vendors…nor is it any longer possible to doubt the validity of state regulations pertaining to the administration, sale, prescription, and use of dangerous and habit-forming drugs.” 

In their article, “Public Health Strategy and the Police Powers of the State, authors Galva, Atchison and Levey state “the doctrine of state ‘police power’ was adopted in early colonial America from firmly established English common law principles mandating the limitation of private rights when needed for the preservation of the common good. It was one of the powers reserved by the states with the adoption of the federal Constitution and was limited only by the Constitution’s Supremacy Clause—which mandates preeminence of federal law in matters delegated to the federal government—and the individual rights protected in the subsequent Amendments.”  However, “the application of ‘police powers’ is not synonymous with criminal enforcement procedures; rather, this authority establishes the means by which communities may enforce civil self-protection rules. More specifically, public health police power allows the states to pass and enforce isolation and quarantine, health, and inspection laws to interrupt or prevent the spread of disease.”   

Therefore, under this reasoning, the criminal penalties sought by the states cited above for violations of “stay at home” orders are unenforceable and illegal.

In our last article on this topic, we quoted Rahm Emmanuel’s famous maxim, paraphrased as “never waste a In the ancient times, when the population was too less, it was convenient for people to gather and talk to each other on a regular basis. cialis tablets 100mg Men get viagra with problem of withstanding an erection and who cannot solve their problem through psycho sexual therapy may opt to use medication method of treatment. The manufacturing pharmaceutical organization of buy cheap levitra have a peek at these guys is Pfizer, this tablet has been researched for its effect on remedy of hypertension, but it ended up being used for treatment of male impotence and later Kamagra replaced it by reducing the cost of the medicine. Take an approach that does not criticize your teen, but emphasizes the measures needed for driving safely. order viagra prescription crisis.”  Besides the illegal criminal penalties reviewed above, let us look at some other examples of governmental excess during this particular crisis.

INFRINGEMENT OF THE RIGHT TO BEAR ARMS

One of the worst examples of the abuse of the State’s police power comes in the form of the closure of gun shops.  Several states, including Maine, New Jersey and California, all attempted to close gun stores, claiming they were not “essential services.”  In Maine, the order came from the Governor, Janet Mills.    In California, the LA County Sheriff, Alex Villanueva issued the shutdown order, and was quickly supported by Governor Gavin Newsom. 

All three states have received a “slap down” in one form or another.  President Trump recently added firearms manufacturers and sellers as an “essential service” to the advisory list provided by the Department of Homeland Services to the states.    New Jersey has been sued for their attempt to halt the sale of firearms in their state,  and the National Rifle Association has also brought suit against California for their illegal effort to close gun shops. 

This article was provided exclusively to the New York Analysis of Policy and Government by Judge John H. Wilson, (ret.) It Concludes Tomorrow.

Photo: U.S. Supreme Court (Supreme Court)

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Expanding Earth’s Economy

Earth’s economy is facing considerable challenges from the COVID crisis, but the U.S. is looking to the future in a place far beyond the reach of the deadly disease.

This month, The White House released an Executive Order “Encouraging International Support for the Recovery and Use of Space Resources.” The move addressed American policy regarding the recovery and use of resources in outer space, including the Moon and beyond. It also notes that Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. 

The Secretary of State will lead a U.S. Government effort to develop “joint statements, bilateral agreements, and multilateral instruments” with like-minded foreign states to enable safe and sustainable operations for the commercial recovery and use of space resources. It specifies that American industry and the industries of like-minded countries will benefit from the establishment of stable international practices by which private citizens, companies and the economy will benefit from expanding the economic sphere of human activity beyond the Earth.

The move is not without controversy, one which has been brewing since 1979. Frank Vernuccio, editor-in-chief of this publication, attended hearings of the U.N.’s “Committee on the Peaceful Uses of Outer Space” at the time, and heard first-hand the rather extraordinary claims by several nations that any profits gleaned from activities such as mining the moon or asteroids were allegedly the “common heritage of mankind.” This was a rather indirect way of saying that even those that invested nothing in space exploration or development should have a share in any profits. That idea would, of course, substantially discourage space-faring nations and private businesses from advancing into this realm of economic activity.  In a memo to the State Department, he urged them to reject the concept.  Fortunately, America never did agree to that misguided concept.

The controversy has arisen anew. The Moscow Times reports that “Russia’s space agency Roscosmos has denounced U.S. President Donald Trump’s order allowing commercial lunar mining and the extraction of other resources in space, appearing to liken the policy to colonialism… Roscosmos said in a statement Tuesday that ‘attempts to expropriate outer space and aggressive plans to actually take over other planets” deter international cooperation in the space arena.’”

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A 1967 treaty prohibits the placement of weapons of mass destruction beyond Earth’s atmosphere, but does not rule against peaceful activities such as mining.   

The Daily Mail reports that Kremlin spokesman Dmitry Peskov has stated, in relation to President Trump’s Executive Order, that “any kind of attempt to privatize space in one form or another – and I find it difficult to say now whether this can be seen as an attempt to privatize space – would be unacceptable.”

The controversy may become more pronounced.  NASA is following the White House’s ambitious and enthusiastic pursuit of space exploration and exploitation. It’s recently released report discussing the Artemis Program, which will return humans to the Lunar surface for the first time since the famed Apollo program, includes a recognition of commercial activities. It states that “The Moon is more than a physical destination. A core focus of Artemis is to extend the nation’s geo-strategic and economic sphere to encompass the Moon with international partners and private industry. The United States will build confidence among its commercial, U.S. government, and international partners by leading the development of clear policy principles to support civil space exploration … Specifically, the U.S. will establish a predictable and safe process for the extraction and use of space resources…”

The development of resources beyond Earth has the potential to enrich the planet much as Columbus’ discovery of The New World did over a half-millennia ago. That progress should not be hampered by states that seek to claim benefits from activities they neither invested in nor assisted.

Illustration: Artist’s concept of the Space Launch System rocket and Orion capsule prepared for launch.(NASA)

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Foreign Policy Update

CHINA

It is incredibly important that the US get to the bottom of what transpired at the start of the corona virus outbreak, according to Secretary of State Michael Pompeo. He said that the Chinese Communist Party needs to “come clean” about how this all began in order to save lives going forward. “We need our scientists, our academics, our epidemiologists all to have access to the data, access to a sample of the virus, access to the places it might have come to.” 

When asked by a reporter if Washington should rethink the US-China relationship Pompeo noted that there’s places that the US can work alongside China while there are other areas such as trade where there is unfair treatment.

Pompeo pointed out that the State Department also is concerned about developments in the South China Sea where China is aggressively claiming territory beyond accepted international limits. He also pointed out that Huawei, a Chinese telecommunications company that is controlled by the Chinese Government, is courting countries around the world. The results, he said, is that American citizens’ data may be subjected to scrutiny by the Chinese Government if it crosses over the Chinese G5 network. 

VENEZUELA

The US policy of maximum pressure on the former Maduro regime remains and is increasing in intensity in recent weeks, according to acting Assistant Secretary of State for Western Hemisphere Affairs Michael Kozak. The Treasury Department earlier this week announced a new, narrowly limited, seven-month license for U.S. oil companies in Venezuela to wind down operations and engage only in those transactions necessary for the limited maintenance of essential operations, safety of employees, and preservation of assets in Venezuela.  This license does not allow for business as usual, according to the State Department. Maduro will receive no money and no benefit from these operations.

CUBA

The United States remains steadfast in its support for the Cuban people and for holding the Cuban regime accountable for its human rights abuses. Earlier this week the State Department reported that the regime has taken advantage of the COVID-19 pandemic to continue its exploitation of Cuban medical workers. The State Department said that Washington will  continue to “stand up for the rights of Cuban medical personnel and to oppose their exploitation and abuse, particularly in this moment where we must protect doctors more than ever.”  The Cuban regime takes up to 90 percent of what doctors earn. 

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IRAN

Iran’s military announced Thursday it launched a satellite into orbit after saying they did not have a space program. Secretary Pompeo said it was “really jarring” to see that the “Iranians had lied once again.” He pointed out that they told the world that they didn’t have a military program that was involved in missiles and satellites.

The IRGC, the cutting edge of the Iranian military, announced that they had launched a satellite into low Earth orbit. IT is a move considered dangerous and destabilizing to other countries. Pompeo said that he intends to gather the nations across the world to disassociate themselves from Iran. He added he is confident that there will now be “more countries that understand what President Trump has understood since he first came into office, that the Iran deal was a crazy, bad deal, that we all need to move away from it, that the world needs to disassociate itself from Iran, and that the community of nations needs to come together and convince the Iranian regime to cease their activity, which has led to them being the world’s largest state sponsor of terror for so many years.” 

When asked about Iranian military boats harassing US ships in the region, Secretary Pompeo said pointed out that the Trump Administration behaves totally different than the previous one. “You’ll recall when they took our Navy sailors, made them kneel down, and Secretary Kerry apologized to get them back. This President has taken a completely different approach. He has told the Iranian regime enough, we’re not going to permit this, we’re going to defend our soldiers, our sailors, our airmen, and Marines. I think the Iranians understand that as well.”

GUYANA

The still is no outcome in Guyana’s elections which were held more than seven weeks ago. The Guyana Elections Commission has a preliminary work plan for a recount but has not issued a timeline. The Statement said it remains “gravely concerned that so much time has passed without a credible result.  Further delays violate the Guyanese people’s rights to a transparent, credible, and timely electoral process.”

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 on Top of the World

The American military is the finest fighting force ever assembled in world history. Yet that fact alone may not be sufficient to contain China’s global ambitions in the coming decade. If left unchecked by the world’s major powers, Beijing has the potential to outpace every other nation in acquiring, incorporating, and employing advanced offensive military technologies in its armed forces, in addition to its devious, long-term political strategies across the globe. Distinct from international norms, Beijing doesn’t self-constrain its behavior according to accepted standards such as “rule by law.” CCP actions go well beyond its decades-long mantra of the “ends justify the means” as it is apparent the means have become the end in themselves for President Xi Jinping and the senior communist leadership in Beijing. The Arctic region may be emerging as the latest example of a domain for the strategic great power rivalry between the US and China.

The reality the free world must recognize is that 21st century China’s strategic vision is hegemonic and without respite even during the height of the ongoing COVID-19 pandemic. Beijing continues aggressively expanding its offensive forces, upgrading the level of its military’s technological sophistication, and pushing the PLA out further from its shores. It uses various types of political, economic, and military power to cut out a space for itself around the world. China’s economic engagement in the Arctic, according to some political analysts, simply is a precursor to military strategic ambitions in the area similar to those it pursued in the South China Sea.

Although the country is over 900 miles from the Arctic Circle, Beijing has labeled itself a “near Arctic” nation and pursued representation on the Arctic Council, the high-level intergovernmental body made up of the eight Arctic nations with sovereignty over lands in the region. US Secretary of State Michael Pompeo rejected the terminology saying there are Arctic and non-Arctic states, but no third category exists. It has not stopped China from attempting to export its power and influence beyond East Asia.

Advances in underseas mining technology make the riches of the northern waters accessible and extremely lucrative. Combined with the potential for a shorter Northern Shipping Route, it illuminates some of the reasons behind why Beijing is acting so aggressively in the region. 

According to the Arctic Institute: “A preemptive or complete denial of China in the Arctic may be desirable but not feasible.” In response to Chinese adventurism there, the United States this week announced it is providing $12.1 million in an economic aid package to Greenland, a true Arctic nation with sovereign land in the region. The purpose of the aid is to strengthen American ties to the area and become the partner of choice. 

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The funds, along with Washington’s renewed interest in increasing its military presence above the Arctic Circle, is intended to slow China’s global ambitions. Earlier this week a senior State department official said in response to China’s challenge in the region that  “…across the globe… China’s soft-power tools often have a soft edge when deployed by the PRC.  It has weaponized its state capitalism in an effort to secure control of critical infrastructure such as ports and telecommunications networks.  It’s demonstrated a willingness to use coercion and influence operations and other methods to get what it wants, including in the Arctic.” 

It is romantic self-delusion when the west fails to deal effectively with communist China. Beijing wiggled its way into the Arctic using soft-power and promises of assistance with infrastructure development to increase tourism in the region. Global leaders need to recognize the PLA, under the direct command of the CCP elite, is following a plan which defines China’s strategic mission as a global one. The Arctic is one chapter in it.

China asserts its influence using hard and soft power in the Arctic, East Asia, Africa, Latin America…. and it is a quickly rising, powerful, regional hegemon over the South and East China Seas. The country is led by Xi Jinping, an authoritarian leader as influential as Mao or Deng Xiaoping. Secretary Pompeo says the greatest threat to the US is from Xi Jinping and that the US needs to make sure it has the ability to protect itself and oppose China’s bullying. American Arctic policy in 2020 is changing to meet that strategic goal.

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.

Photo: Infantrymen assigned to an armored regiment under the PLA Xinjiang Military Command operate their main battle tanks to set up a defensive position on snow-covered road (China Defence Ministry photo)

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Securing the Indo-Pacific

Tensions between the United States and China had already been at a high pitch in the wake of Beijing’s increasing military power, and its aggressive moves towards its neighbors. Anger over the People’s Republic role in allowing the COVID-19 crisis to spread throughout the planet has escalated the strain to an unprecedented level.

Throughout the Cold War with the Soviet Union, a strong U.S. military presence and a solid collection of allies united through NATO helped Europe, and the world, avoid a third world war. Some in Washington are seeking to gradually develop that concept in the Indo-Pacific region to deter China.

The importance, and the danger, of the region is evident. Among the 10 largest standing armies in the world, 7 reside in the Indo-Pacific; and 6 countries in the region possess nuclear weapons. Nine of the world’s 10 busiest seaports are in the region, and 60 percent of global maritime trade transits through Asia, with roughly one-third of global shipping passing through the South China Sea alone. A quarter of U.S. exports go to the Indo-Pacific, and exports to China and India have more than doubled over the past decade. 

Somewhat ironically, while China is the chief source of threat and uncertainty in the region, it is also the chief beneficiary of the Pax Americana that has characterized it since the end of the Second World War.  A Department of Defense analysis released in 2019 notes that “Perhaps no country has benefited more from the free and open regional and international system than China, which has witnessed the rise of hundreds of millions from poverty to growing prosperity and security. Yet while the Chinese people aspire to free markets, justice, and the rule of law, the People’s Republic of China, under the leadership of the Chinese Communist Party, undermines the international system from within by exploiting its benefits while simultaneously eroding the values and principles of the rules-based order.”

Rep. Mac Thornberry, ranking member of the House Armed Services Committee, has released a discussion draft of the legislation

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largely aimed at China’s regional overreach.   According to the Texas Republican, “Senior officials from both parties, military commanders, and international security experts have told us for years that the Indo-Pacific must be this country’s priority theater. They are absolutely correct, and it is time to put our money where our mouth is.” The legislation calls for $6.09 billion in FY21 to be spent in the Indo-Pacific region on enhancing missile defense, intelligence, surveillance and reconnaissance programs, infrastructure, prepositioned equipment and munitions, logistics, training and exercises, and programs to strengthen the capacity of allied and partner countries. It builds on the White House budget request for the region, as well as additional requirements identified by combatant commanders, service secretaries, and the Indo-Pacific Command’s investment plan, delivered to Congress last month.

The draft bill identifies the specific resources the Pentagon would need to deter China, similar to what the European Deterrence Initiative has done for Europe against Russia. The bill would strengthen America’s current military strength in the area, and its ability to respond to future threats.

There is no equivalent to NATO in the Pacific, so the measure also includes a commitment to work with and strengthen regional allies. More than just a single year spending commitment, it seeks to establish on ongoing basis support for confronting the People’s Republic.

The soon-to-be proposed measures includes a number of specific proposals. It would improve air and missile defense systems on the key base in Guam, as well as providing Homeland Defense radars for Hawaii. Bombers would be provided, as well as submarine warfare equipment.

Photo: The aircraft carrier USS Theodore Roosevelt and the guided missile cruiser USS Bunker Hill travel in the Philippine Sea, March 18, 2020. (U.S. Navy)

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Different Goals

There is a substantial reason why America’s political factions cannot find sufficient areas of compromise to work together for the common good. Quite bluntly, their goals are quite different.

Those in the center and right tend to emphasize the nuts and bolts of government to resolve specific problems.  On the local and state levels, their top priorities are protection from crime and the provision of efficient municipal and state services. Nationally, they emphasize the deterrence of foreign aggression, and the maintenance of a paradigm that allows the economy to thrive and prosperity to grow.

Those on the left see government as a tool to attain ideological goals.  While not oblivious to the need to provide basic services, that consideration is a distant second to their primary purpose of, as Barack Obama stated, “Fundamentally transform America.” 

As David Horowitz reported in the Washington Times in 2012, “A practical politician attempts to address problems and fix them, not to fundamentally transform an entire nation…In a national crisis such as America faced in 2009 when 800,000 of us were losing our jobs every month, traditional leaders would have regarded their first task as one of rallying the country on a common agenda and bringing Americans together. Instead, Mr. Obama and Mrs. Pelosi put their radical agenda first — passing a massive health care bill, the most transformative legislation in American history, and passing it over the opposition not only of Republicans but even of Democratic voters in Massachusetts, who elected Republican Scott Brown to cast a vote against it…Far from pursuing national unity to solve the crisis, Mr. Obama put his goal of transformation in front of everything. In order to achieve the change he wanted, he shut out the congressional Republicans in drafting his revolutionary legislation, and then disregarded the majority of Americans when they rejected his plan, defeating Democrats in special elections in New Jersey and Virginia — states that he had won.”

John Fonte, writing in the Claremont Review of Books noted: “Professor John Marini recently detailed progressives’ transformation of the American regime. First, they transformed key institutions, shifting power from the sovereignty of the people, exercised through our constitutional framework of separation of powers and federalism, to a centralized administrative state, run by a transnational managerial elite exercising executive, legislative, and judicial powers without the consent of the people or its elected representatives. Second, for contemporary progressives, moral authority or civic morality resides not in the individual American citizen and his voluntary associations, but in racial-ethnic-gender group identity. “Public figures have come to be judged not as morally culpable individuals,” he writes, “but by the moral standing established by their group identity.”

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The different approaches can be seen even in areas where the two sides have a common interest.

No rational politician is in favor of allowing the planet to become unlivable.  That, however, is where the common interest diverges.

Much of the debate has centered on Progressive support for responses such as Paris Climate Agreement and the Green New deal, both largely operating within the concepts of the United Nations Framework Convention on Climate Change. However, even if every signatory to the Paris Accord totally lived up to their obligations under the deal, and every U.S. state complied with the Green New Deal it would make little difference in global temperatures, assuming manmade global warming is indeed a significant issue.  It would, however, reshape the world economy in a manner that the Left has advocated for a very long time. Contrast that ideological-driven response with the more pragmatic approach of the conservative White House administration.

Speaking last July 8, President Trump stated “I have given [the EPA] clear direction to focus on addressing environmental challenges … In addition to clean air and clean water, that means being good stewards of our public lands; prioritizing cleanup of polluted lands that threaten our most vulnerable citizens, and threaten them very dearly… One of the main [factors] of air pollution — particulate matter — is six times lower here than the global average… That’s a tremendous number…Since 2000, our nation’s energy-related carbon emissions have declined more than any other country on Earth.  Think of that.  Emissions are projected to drop in 2019 and 2020…While we’re focused on practical solutions, more than 100 Democrats in Congress now support the so-called Green New Deal.  Their plan is estimated to cost our economy nearly $100 trillion — a number unthinkable; a number not affordable even in the best of times…It’ll kill millions of jobs, it’ll crush the dreams of the poorest Americans, and disproportionately harm minority communities.”

The clash between the two concepts illustrates the contrast between those who, on one side, see government action as a tool to solve specific challenges, and those, on the other, who see government as a vehicle not to solve particular problems but to “fundamentally transform” the nation.

Illustration: Pixabay

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Quick Analysis

Dereliction of Duty

In the midst of one of the most severe challenges the United States has faced in decades, Congress has ceased functioning, and members, especially the leadership, have gone home, leaving vital legislative needs unresolved.  It is a dereliction of duty to the most extraordinary degree. While American families and small businesses seek ways to survive economically daily, their elected representatives are on an extended vacation at least until May 4.

Nancy Pelosi and other legislative leaders have not even had the dignity to honestly admit that they have abandoned the citizenry in their time of need, maintaining a dishonest façade of being in session in only the most technical terms.  This has prevented the Executive Branch from engaging in the appointment functions constitutionally provided to it to administer to immediate needs while the legislature is in recess. An angered President Trump stated that ““The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty the American people can’t afford during this crisis.”

The use of pro forma sessions effectively prevents the White House from even temporarily filling positions that require Congressional approval. A 2014 Supreme Court ruling addressed that issue, finding that as long as a pro forma session continues, a president cannot make a recess appointment.

President Trump has threatened to address that façade by exercising the powers granted go him by Article 2, Section 3 of the Constitution:

“… he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”

Despite the protestations by Nancy Pelosi, Chuck Schumer, and their sycophants in the media and academia, the wording of Article 2, Section 3 is absolutely clear and unambiguous. Can anyone seriously argue that the COVID-19 plague is not an “extraordinary occasion”?

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In addition to the current, stunning neglect of duty, the utter abandonment of the needs of the tens of millions of Americans and their enterprises who require Congress to do its legislative functions during this crisis period, the current leadership of the House of Representatives has long-sought to disrupt the functioning of the Executive Branch.  The fraudulent charges against the Trump campaign and the President himself, all of which have been thoroughly disproven after a lengthy and aggressive investigation, has received exceptional news coverage.  Less discussed has been the attempts to sabotage, and that word is used in its full legal and practical sense, the duly elected Administration in two ways using personnel policy.

The first is the most apparent, and is the immediate spark that resulted in Trump’s fury: the failure to confirm presidential appointments. Currently, about 85 appointments remain unaddressed.  Much less discussed is the success that Obama had in insuring that left wing personnel survived into the Trump Administration.

Key positions within essential agencies, such as the State Department and the Department of Justice, have been held by individuals less loyal to either the Trump Administration or, more importantly, the Constitution, than to the Democratic Party and leftist ideals. They have sought to nullify the effects of the 2016 election by thwarting the policies voters supported when they voted for a change in Washington.

Much of this became public during the Russian Collusion hearings, when some of these individuals vented their frustration, testifying that Trump refused to take their advice.  One assumes these bureaucrats forgot or didn’t care that it was their duty to obey the elected President, not the other way around.

Congress needs to either end these artificial “pro forma” sessions and let the White House do its job, or do what they were elected to do, come back to Washington, and get back to work. Unless they do, history will long note that in a time of unprecedented crisis, the American people were abandoned by their legislators.

Illustration: The painting depicts Independence Hall in Philadelphia on September 17, 1787. (Architect of the Capitol)

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Quick Analysis

America’s Founding Principles are Under Attack

Two hundred and forty-five years ago, on April 19 of 1775, the American Revolution began.

To many “progressives” in the year 2020, the concepts motivating the courageous patriots who stood up to an increasingly authoritarian government are foreign and diametrically opposed to their core beliefs. 

Indeed, the very basic conditions that allowed the heroes in Lexington and Concord are opposed by today’s leftist politicians. They would have sided with King George’s attempt to confiscate the weapons the Minutemen employed to stand up to the oppressive Redcoats.

 But fortunately, they weren’t around then, and “The shot heard round the world” was fired, beginning the American Revolution and changing forever the relationship between individuals and governments across the globe. It is a battle that continues to be fought, even in the United States.

The history is straightforward:

The British had been moving steadily to reduce both the private and community rights of their American colonies. The colonists, separated by time and distance from London, had grown accustomed not only to governing themselves, but to the practice of freedoms considerably greater than those in effect anyplace else across the globe. It was becoming increasingly apparent that the colonists’ liberties were being dismantled. To protect themselves from the escalating abuse, the colonists stored up ammunition to protect themselves.

The National Archives describes what happened next: “On the evening of April 18, 1775, the British authorities, acting on information that a supply of ammunition for the local militia was being stored in Concord, sent British regular troops from Boston to confiscate the arms. Skirmishes occurred in several places, most notably on Lexington town green and afterwards at Old North Bridge spanning the Concord River in Concord. The incidents are referred to as the Lexington Alarm and the Battle of Concord… The colonists felt wronged. They had been fired upon unjustly.”

Would those courageous patriots, who challenged the greatest military power of their time in a bid to preserve their rights, feel comfortable in today’s America?  The disturbing answer is no. The fact is, the rights those colonists fought for are now frowned upon by a growing segment of the political and cultural elites.

Even more controversial, the First Amendment, (protecting Freedom of speech, assembly, and religion) is in danger. Many on the Left jump at any opportunity to punish free speech: They object to the fact that “hurt feelings may be triggered” or a particular group may be “offended.”  

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Over the past decade, progressive politicians had been at the forefront of the move to limit free speech. Senator Schumer (D-NY) actually introduced legislation to limit the First Amendment’s application to some political speech. (The measure was, fortunately, defeated.) Numerous campaign regulations limit the ability of the citizenry to openly support candidates without first jumping through bureaucratic hoops.

Some elected officials are not shy about their goals. Rep. Ted Lieu (D-Calif.) boldly announced that he would “love to be able to regulate the content of speech” He particularly spoke about restricting Fox News. Rep. Alexandria Ocasio-Cortex (D-NY) threatened Donald Trump Jr. with a subpoena merely for questioning her economic views.

On a governmental level, the trend reached a high point during the Obama Administration, when some dissenting reporters were harassed and their personal records were obtained by the federal government. In addition, the Internal Revenue Service was employed to suppress the Tea Party.  The former President’s Attorney General Loretta Lynch even considered “criminally prosecuting” those that merely disagreed with Obama’s climate change views.

 There is an even deeper challenge.  Those “Minutemen” who formed at the Lexington Town Green and at the Old North Bridge in Concord believed that all people had inherent rights. They stood on the principle that their individual rights didn’t come as a result of a law being passed, but from nature, or God. But today, Progressives hold the opposite view.

News commentator Chris Cuomo disturbingly displayed what has become a major thrust of Progressive political philosophy.

The exchange, as described in the Washington Times:   “CNN anchor Chris Cuomo…[Had an exchange with] Alabama Chief Justice Roy MooreMoore said ‘…our rights contained in the Bill of Rights do not come from the Constitution, they come from God.’ Cuomo disagreed: ‘Our laws do not come from God, your honor…’”

No less a person than a United States Supreme Court Justice has also expressed a similar lack of respect for the central principle behind the entire structure of American government and law. During the confirmation hearings of Obama Supreme Court nominee Elena Kagan, Sen. Tom Coburn had a testy exchange in which he pushed her to state her belief in fundamental rights.  She evaded answering.

On this day, when far too few recall the significance of what those heroic patriots did, the rights they bequeathed to us are in real jeopardy.  It is time for Americans to again stand up to tyranny.