Month: December 2020

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Treasury Sanctions Senior Iranian Intelligence Officers

On December 14, the U.S. Department of the Treasury designated two senior officials of Iran’s Ministry of Intelligence and Security (MOIS), who were involved in the abduction of Robert A. “Bob” Levinson on Iran’s Kish Island on or about March 9, 2007.

For 13 years, the Iranian government, which continues to take foreigners and dual-nationals hostage as political leverage, has denied knowledge of Mr. Levinson’s whereabouts or condition. However, senior Iranian officials authorized Levinson’s abduction and detention and launched a disinformation campaign to deflect blame from the Iranian regime. The individuals designated today, Mohammad Baseri and Ahmad Khazai, acted in their capacity as MOIS officers in the abduction, detention, and probable death of Mr. Levinson.

“The abduction of Mr. Levinson in Iran is an outrageous example of the Iranian regime’s willingness to commit unjust acts,” said Secretary Steven T. Mnuchin. “The United States will always prioritize the safety and security of the American people and will continue to aggressively pursue those who played a role in Mr. Levinson’s detention and probable death.”

“The government of Iran pledged to provide assistance in bringing Bob Levinson home, but it has never followed through. The truth is that Iranian intelligence officers —with the approval of senior Iranian officials — were involved in Bob’s abduction and detention,” said FBI Director Christopher Wray. “While no one should be as cruelly treated as Bob was, this situation is personal because Bob served as a special agent for 22 years and will always be a part of the FBI family. We will never waver from our commitment to find out more about Bob’s long captivity, to give the Levinson family the answers they deserve, and to finally bring Bob home.”

The MOIS has been designated pursuant to Executive Order (E.O.) 13553 for being complicit in the commission of serious human rights abuses against the Iranian people since June 12, 2009, as well as previously designated as a Specially Designated Global Terrorist pursuant to E.O. 13224.

Mohammad Baseri and Ahmad Khazai

Mohammad Baseri is a high-ranking MOIS officer involved in counterespionage activities in and outside of Iran, who has been involved in sensitive investigations related to Iranian national security issues. Baseri has worked directly with intelligence officials from other countries in order to harm U.S. interests. Ahmad Khazai is a high-ranking member of the MOIS who, in his role as a senior official of the MOIS, has led MOIS delegations to other countries to assess the security situation.

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Mohammad Baseri and Ahmad Khazai, acting in their capacity as MOIS officers, were involved in the abduction, detention, and probable death of Mr. Levinson.

OFAC is designating Baseri and Khazai pursuant to E.O. 13553 for acting for or on behalf of, directly or indirectly, Iran’s MOIS.

Sanctions Implications

All property and interests in property of these persons that are in the United States or in the possession or control of U.S. persons must be blocked and reported to OFAC. OFAC’s regulations generally prohibit all dealings by U.S. persons or within (or transiting) the United States that involve any property or interests in property of blocked or designated persons.

In addition, non-U.S. persons that engage in certain transactions with the persons designated today may themselves be exposed to designation. Furthermore, any foreign financial institution that knowingly conducts or facilitates a significant transaction for or on behalf of the persons designated on December 14 could be subject to U.S. correspondent or payable-through account sanctions.

Illustration: Pixaby

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CHINA’S STRATEGIC AIMS IN AFRICA

The U.S.-China Economic and Security Review Commission  has issued its annual report to Congress. The New York Analysis of Policy and Government will periodically present summaries of their work.

Over the last two decades, China has reinvigorated its longstanding  ties to African countries, placing the continent squarely at the center  of its ambitions to become a global political and economic leader.  Beijing views Africa as a testing ground for the export of its political  and economic model and believes that if more African countries  emulate China’s system of governance, it will be easier for Beijing  to advance its strategic objectives across the continent and globally.  To this end, the Chinese government regularly hosts African political  and military leaders for training sessions many of  which stress the superiority of China’s autocratic governance model.  

The CCP has used the influence it gains from its political engagement with  African countries to enlist African support for its geopolitical objectives,  diminishing the impact of U.S. diplomacy in African countries and in  the international system. 

Economics is a key pillar in Beijing’s Africa strategy, with China  surpassing the United States as Africa’s largest trading partner in 2009  (see Figure 4). Today, China is also Africa’s largest bilateral creditor.  Though China’s growing presence in African economies can bring much 

needed infrastructure to many countries, the Chinese government’s lack  of transparency, accountability, and adherence to global development  standards raises concerns, including over its support for corruption and  repression. Beijing’s increasing control over the supply of key African  commodities such as cobalt could threaten U.S. access to inputs for  emerging technologies. Additionally, China’s infrastructure financing  often comes with requirements that Chinese firms complete the projects,  depriving non-Chinese firms of important business opportunities in many African countries.  

Key Findings 

▶ Beijing has long viewed African countries as occupying a central  position in its efforts to increase China’s global influence and revise  the international order. Over the last two decades, and especially under  General Secretary Xi’s leadership since 2012, Beijing has launched  new initiatives to transform Africa into a testing ground for the export  of its governance system of state-led economic growth under one 

party, authoritarian rule. 

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▶ Beijing uses its influence in Africa to gain preferential access to  Africa’s natural resources, open up markets for Chinese exports, and  enlist African support for Chinese diplomatic priorities on and beyond  the continent. The CCP flexibly tailors its approach to different African  countries with the goal of instilling admiration and at times emulation  

Chinese loans also risk creating an unsustainable debt burden in  some African countries, which may leave them vulnerable to Chinese  government coercion. Separately, the United States and other  responsible lenders might end up shouldering an outsized burden in  debt relief efforts, essentially bailing out Beijing’s irresponsible lending  practices. While commodities and infrastructure continue to dominate  China-Africa economic relations, China has also focused increasing  attention on Africa’s emerging digital economy. Chinese firms already  dominate Africa’s mobile phone handset market and have made  increasing investments in its venture capital market, providing China with  opportunities to set emerging technological standards in Africa. 

Although China seeks to minimize its visible military presence on the  continent, it nonetheless employs a multidimensional approach to security  engagement with African countries that supports its political, economic,  and military interests Beijing primarily relies on private  military contractors and African partners to protect its investments, and  there is evidence it has shown a willingness to leverage its influence  in the UN peacekeeping operations system to advance its economic  goals in Africa. China’s permanent military base in Djibouti improves its  ability to deploy and sustain troops on the continent, while substantial  investments in civilian ports could lead to dual-use arrangements.

▶ As the top bilateral financier of infrastructure projects across  Africa, China plays an important role in addressing the shortage  of infrastructure on the continent. China’s financing is opaque and  often comes with onerous terms, however, leading to rising concerns  of economic exploitation, dependency, and political coercion. Many  African countries borrowing from Beijing face growing debt burdens. 

▶ China has shown an apparent willingness to leverage its influence  in the UN peacekeeping operations system to advance its economic  interests in African countries, raising the possibility that Beijing is  subverting UN norms and procedures in the process. Beijing also relies  on the assistance of African partners and private security contractors  to advance its economic objectives on the continent. 

▶ China’s approach to security engagement allows Beijing to expand its  influence in Africa’s security domain while minimizing its visible military  presence outside of its UN peacekeeping operations contributions. As  Beijing’s economic and political influence on the continent grows,  it might leverage its security ties to establish another base in the  medium to long term, as it did in Djibouti. 

Illustration: Pixabay

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China-U.S. Relations at Pivotal Point

The United States, and, indeed, the rest of world’s nations, have reached a pivotal point with the Chinese Communist regime in Beijing.  Under the Obama-Biden administration, Chinese aggression towards its neighbors went virtually unchallenged.  its growing attempts to peddle influence within the United States, particularly in the field of education, continued at an extensive level.  its ongoing economic theft of western trade secrets was not effectively countered. U.S. workers, particularly those in blue-collar jobs, saw their employment ripped away. President Obama said, “hard truth is that some of the jobs that have been lost in the auto industry and elsewhere won’t be coming back,” essentially surrendering to China’s aggression.

It wasn’t hard to see why the Obama-Biden White House didn’t express much concern. Vice President Joe Biden brought his son Hunter to China on Air Force Two, and he profited from a billion-dollar deal with the Communist nation.

The Trump Administration has made countering China’s growing danger a hallmark policy. David Stilwell, the State Department’s Assistant Secretary of East Asian and Pacific Affairs, testified on September 17 before the Senate Committee on Foreign Affairs. He stressed that the hopes that allowing China to join the World Trade Organization and facilitating its entry into regular global commerce would change the Chinese Communist Parties militancy and hostile moves have not been fulfilled.

Stilwell stated that “It is now clear to us, and to more and more countries around the world, that the CCP under General Secretary Xi Jinping is not seeking to join the free and open international order we and our allies and partners have fought and died to defend for generations.  Instead, PRC foreign and security policy seeks to disrupt and reshape the international environment around the narrow self-centered interests and authoritarian values of a single beneficiary, the Chinese Communist Party.”  He cited Secretary of State Pompeo, who noted that  “It is no longer realistic to ignore the fundamental differences between our two systems and the impact that…the differences in those systems have on American national security…Today, we are finally realizing the degree to which the Communist Party is truly hostile to the United States and our values.”  Stilwell emphasized that “The CCP is now using any and all means to undermine the international rules-based order and project power across the world, especially in the Indo-Pacific region.  All nations should worry how this outcome would negatively affect the global community and the values we share.”

The testimony included examples of China’s aggression. “A few months ago, as the world was coming to grips with the reality of the global pandemic, one of China’s leading virologists warned that the coronavirus was ‘just the tip of the iceberg.’  She was speaking as an epidemiologist and urging a global response to prevent future outbreaks, but that analogy is a useful way to think about CCP aggression and malign activities globally. For each visible example of CCP malign activity worldwide, there are many more lurking beneath the surface… the CCP … is… an aggressive, autocratic, ambitious, paranoid, hostile threat to free and open societies and the free and open international order.”

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The extensive list of Beijing’s aggressive behavior can no longer be ignored. It includes, Stilwell revealed, assaults on foreign companies and governments; manipulation of international organizations; silencing of critics abroad; buying, stealing, or forcing the transfer of technology to further its military and economic ambitions; and spreading disinformation.

The problem is growing. Stilwell pointed out that just recently, China has engaged in its  border with India; made aggressive moves in the South China Sea and around Taiwan and the Senkakus; accelerated a push to wipe out Mongolian and Tibetan culture and language in China; and a continued campaign of repression and forced labor in Xinjiang, and shut down freedom in Hong Kong in violation of international accords.  

the current White House has engaged in substantial moves to counter Beijing’s assaults, including clamping down on the CCP’s influence-peddling activities in the United States, moving forcefully against its spies, reinforcing American military strength in the region, and enacting economic moves the stop the hemorrhaging of U.S. jobs and industries to China.  

Photo: The guided-missile destroyer Hohhot (Hull 161) attached to a destroyer flotilla with the navy under the PLA Southern Theater Command steams in waters of the South China Sea during a realistic maritime training exercise in early August, 2020. (eng.chinamil.com.cn/Photo by Li Wei)

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Mobacracy

There is an underlying tone in the discussions that journalists, politicians, academics, business leaders, and everyday citizens have among themselves. It is the fear of the mob.

It began first on college campuses, where mobs have prevented non-leftist speakers from addressing students, and discouraged such individuals from even being invited on campus. The problem rapidly grew from attacking free speech to attacking people.

 Jeremiah Poff, writing in The College Fix in 2019, reported: “Throughout this fall semester, conservative activists at campuses across the nation have continued to be physically attacked — and had their displays destroyed — by aggressive student peers inflamed by right-of-center messaging…“[The] most recent incidents are just the latest in a long line of campus bullying and intimidation targeting conservatives.”

The trend spread to the streets, which have become unsafe for people expressing support for non-leftist causes. The matter was recently evident when participants in a pro-Trump rally in Washington were attacked.

Making the problem far worse is the almost total refusal of the mainstream media to adequately report its existence.  “When violent far left-wing extremists organize violence online, you can always count on the Twitter hall monitors to ignore it,” Mike Cernovich, political commentator, has written.

Coverage of even the most serious acts committed by Progressive perpetrators fairly quickly leave the news cycle.  Barely remembered now, due to this intentional news coverup, is the 2017 attempt at the mass assassination of Republican congressmen at a baseball practice, in which four individuals were shot, the most serious being Rep. Steve Scalise. (R-Louisiana), by James Hodgkinson, a left-wing activist.

The refusal to acknowledge left wing violence can be discerned in Hollywood’s popular entertainment venues. There is a common plot in many television dramas. A horrible crime or act of terror is committed, and all indications point to a left-wing extremist group. But in the final moments, the real culprit is exposed to be a right-wing businessman or conservative politician. The message is clear: those in the center and on the right are bad guys, and it’s OK to attack them. After all, as Hillary Clinton proclaimed during a 2016 Democrat primary debate, Republicans are “the enemy.”

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Antifa, the left-wing masked stormtroopers who specialize in street rioting, property damage, and physical assaults, have continuously received protected status despite their vivid record of mass violence, mayhem and serious physical assaults. The mayor of one city they have victimized, Portland, Oregon, has encouraged the police to essentially stand down and surrender the streets to them during their outbreaks. As a consequence, nothing was done when journalist Andy Ngo was beaten so severely by an Antifa mob that he required hospitalization, to cite just one example.

The response to this and Antifa’s other outrages? As reported by the Daily Wire “Democrat Rep. Debra Haaland (D-NM) proclaimed that far-left extremist group Antifa consists of ‘peaceful protesters’ who are just trying to protect Portland from ‘domestic terrorism.’”

Rep. Maxine Waters (D-Ca.) instructed her followers to assault Trump cabinet members in public places. Individuals have been threatened and beaten merely for wearing “MAGA” apparel expressing support for the incumbent president. Despite the blatant, extensive, prolonged and nationwide employment of large-scale violence, leftist groups continue to be condoned and even celebrated by many politicians.

During the 2020 presidential campaign, Biden was famously reluctant to even acknowledge the Left’s penchant for violence.

All of this is particularly important in the discussions about the irregularities in the 2020 presidential campaign. Americans may argue about whether the evidence of misdeeds and the appearance of middle-of-the night Biden ballots was sufficient to overturn any particular state’s results. But it’s not just the 2020 campaign that is involved.  If misdeeds are to be tolerated because the mob will riot if exposed, will there ever be a truly honest campaign in the future?

Welcome to the Mobacracy. 

Illustration: Pixabay

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Authoritarian and Partisan

The United States Supreme Court ruling temporarily blocking enforcement of New York Governor Cuomo’s Executive Order restricting attendance at houses of worship was an appropriate recognition of the primacy of the First Amendment. SCOTUS Blog reports that “The Supreme Court … granted requests from the Roman Catholic Diocese of Brooklyn and two Orthodox Jewish synagogues to block enforcement of a New York executive order restricting attendance at houses of worship. Both the diocese and the synagogues claimed that the executive order violated the right to the free exercise of religion guaranteed by the First Amendment, particularly when secular businesses in the area are allowed to remain open….[the Catholic plaintiffs] told the Supreme Court that as a practical matter, the order ‘effectively bars in-person worship at affected churches – a ‘devastating’ and ‘spiritually harmful’ burden on the Catholic community.’ The synagogues followed on Nov. 16. They stressed that although they have complied with previous COVID-19 rules, the restrictions imposed by Cuomo’s order preclude them from conducting services for all of their congregants, and they argued that Cuomo’s order targeted Orthodox Jewish communities because other Orthodox Jews had not complied with the rules.”

Despite the fact that it was a five-to-four decision, the result was to be expected.  What remains shocking is Governor Cuomo’s cavalier and disdainful attitude towards personal freedom in general.

Andrew Cuomo has come under intense scrutiny for the extremity of his restrictions, the fact that he imposed them without benefit of either legislative approval or a legally recognized authority to suspend basic freedoms, as well as the devastatingly bad results of his COVID strategy.

According to the New York Long Term Care Community Coalition 6,908 people died in nursing homes from COVID. This was primarily as a result of Cuomo’s bizarre and politically-motivated decision to place COVID patients in those facilities housing the most vulnerable New Yorkers. The governor cannot claim that this was due to hospital overcrowding, since he failed to take advantage of both the U.S.S. Comfort, a medical ship docked in NY Harbor and the Javits Convention Center facility.  Both were set up by the Trump Administration to house non-COVID patients during the pandemic.  Cuomo apparently believed that utilizing them would be a credit to the Trump White House, and decided to put his partisanship above the safety and health of his own constituents.

The governor also has failed to acknowledge the hysteria he helped create by claiming the state would run out of ventilators. As it turned out, the Trump Administration spearheaded a drive that produced enough ventilators to meet all American needs, and enough also to became the world’s major supplier.

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Rather than learn from his tragic errors, Cuomo has doubled down on his authoritarian actions and has imposed a wholly new set of restrictions that may lead to equally terrible results.  In anticipation of holiday travel, the Democrat governor declared (again, without benefit of legislation or a formally recognized authority) that  travelers must obtain a [COVID]test within three days of departure from non-contiguous states.  He apparently failed to think the concept through.  The result has been massive lines at testing locations, where individuals have been left to stand, frequently for hours, close to others who may or may not have COVID, and may be waiting to be tested for reasons other than travel, including the belief that they have been exposed to the disease. The threat of widespread contamination from that process clearly exceeds the dangers resulting from travelling.

Cuomo’s lack of tolerance for due process and individual rights is matched by his overt partisanship.

He has vowed to delay distribution of FDA-approved vaccines until his own committee reviewed, and stunningly called announcement of the inoculation’s availability “bad news,” because he didn’t want it to occur until Biden became president.

Photo: Governor Andrew Cuomo

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Nothing To See Here

The overt and extraordinary bias and partisanship on the part of far too many leaders and the media that support them has led to a form of moral blindness that has warped values.

In the comedy movie series, “Naked Gun,” an alien flying saucer lands in New York’s Time Square. Beautiful aliens emerge. Leslie Nielsen, who plays the role of a bumbling detective, stands in front of the spacecraft and tells amazed bystanders, “Move along, nothing to see here.” 

That phrase could well be the motto of our era.

Much of the world has turned a blind eye to terrible assaults on human rights, particularly barbaric attacks on Christians. Open Doors recently published its World Watch 2020 report, detailing the massive international persecution that religious group currently endures. According to the data presented, 260 million Christians worldwide suffer high levels of persecution in at least 50 nations. The Beijing regime uses sophisticated technology to catch and convict what the Communist regime terms the “illegal spread of Christianity.” In Burkina Faso, Christians are fighting for their very survival. Dozens of priests have been killed. Protestant ministers face not only dire threats to themselves, but to their families as well. Open Doors notes that “In Sri Lanka, 250 people died and more than 500 were injured in attacks on Catholic and Protestant churches and hotels on [an] Easter Sunday. In Pakistan, radical Islamist groups have used so-called “blasphemy laws” to imprison Christians. Due to relentless persecution, Christianity is on the verge of completely vanishing from portions of the Middle East.

While the chattering classes vocally condemn the concentration camps that darkened Europe in the 1940’s, there is only minimal condemnation of the 21st Century version of those nightmare establishments, those existing in China set up for the specific purpose of wiping out the Uyghur people and culture.

 Over the past dozen years or so, we have been advised by Washington power brokers and media barons to ignore astounding violations of the Constitution, the law, and common decency. In affairs both foreign and domestic, on the streets of our cities, in the playing fields of our stadiums, in the boardrooms of corporations, in the courtrooms of our judicial system and most prominently in the halls of government, acts which are a clear affront to American values, traditions and statutes have been shrouded by  government obfuscation, and censorship of facts self-imposed by deeply partisan news organizations.

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When the Obama Administration’s FCC representatives attempted to place federal monitors in newsrooms, the move, (fortunately defeated) didn’t get the level of aggressive response it truly warranted. When that same White House used the Department of Justice and the Internal Revenue Service to harass organizations that differed from the President, no one was punished.   When Senate Minority Leader Charles “Chuck” Schumer introduced legislation to remove First Amendment protections from paid political speech, much of the media and academia were stone quiet.

After losing the White House in 2016 a totally false narrative of “Russian collusion” was concocted to cripple the incoming Administration.  Despite clear repudiation of that charge after years of intensive investigation, the perpetuators of the plot went completely unpunished.

As President Trump began to put his legitimate stamp on U.S. policy, illicit means to deny him his constitutional authority took shape.  Courts on several levels, particularly the Ninth Circuit Court of Appeals, issued rulings in areas over which they had no Constitutional authority in an effort to stop the lawful exercise of Executive Branch power. Most Lawyers’ associations and legal academic institutions and journals chose to side with these judicial usurpers.  

Now, we are told that while there were some irregularities in the 2020 presidential election, it’s not enough to change the outcome or to be concerned about.

Move along, there’s nothing to see here.

Illustration: Pixabay

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Foreign Policy Update

Venezuela

The United States continues to support Interim President Juan Guaidó, the National Assembly, and the Venezuelan people in their struggle to restore democracy in their country.  From December 7 to 12, the Venezuelan people will have the opportunity to voice their opinion of the illegitimate Maduro regime through the Consulta Popular, or People’s Vote.  The “Consulta” is being held under the authority of the legitimate National Assembly and in accordance with the Venezuelan Constitution.  It provides a platform for Venezuelans, including those forced to flee abroad under threat of persecution, torture, or death, to demand free and fair presidential and legislative elections.  It is an opportunity to voice their support for a transition to democracy in Venezuela and reject the regime’s fraudulent legislative elections.

The Venezuelan electoral process has been reduced to a farce by the Maduro dictatorship.  In the face of tremendous repression, the Consulta Popular is giving the Venezuelan people a voice.  While the “Consulta” will not end the humanitarian, political, and economic crises caused by Maduro, it is a courageous step to fairly and transparently give a voice to the suffering of the Venezuelan people and establish momentum towards truly free and fair elections for president and the National Assembly.

The democratically elected National Assembly and the voice of the Venezuelan people are the only things standing in the way of authoritarianism in Venezuela.  The international community can best support democracy in Venezuela by uniting behind the Venezuelan people as they raise their voices to demand an end to the brutal Maduro dictatorship and a return to democracy.

Slovenia

Today, the United States and Slovenia signed a Memorandum of Understanding Concerning Strategic Civil Nuclear Cooperation (NCMOU), which improves our cooperation on energy security and strengthens our diplomatic and economic relationship.

Dr. Christopher Ford, who is performing the duties of the Under Secretary of State for Arms Control and International Security, signed for the United States, and Mr. Jernej Vrtovec, Minister of Infrastructure, signed for Slovenia. The United States and Slovenia have been partners in civil nuclear energy since 1975, when construction began on the Westinghouse nuclear power plant at Krsko that has been supplying clean energy to the region since 1983.

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Nuclear Cooperation MOUs are diplomatic mechanisms that strengthen and expand strategic ties between the United States and a partner country by providing a framework for cooperation on civil nuclear issues and for engagement between experts from government, industry, national laboratories, and academic institutions.

European Union

The United States welcomes the European Union’s adoption of its global human rights sanctions framework. Today, on the occasion of International Human Rights Day, we note that this groundbreaking accomplishment will further protect human rights worldwide.

The EU’s new measures give its member states a powerful tool to promote accountability for human rights abuse on a global scale. The new authorities will complement the ongoing efforts of the United States, the United Kingdom, and Canada to sanction human rights abusers, further enhancing our already strong partnership geared toward protecting human rights and deterring future abuse globally. Europe will have a steadfast partner in the United States on this program, and we encourage the EU to adopt its first designations as soon as possible.

The United States will continue to seek out additional allies and partners to use all the tools at our disposal to deny human rights abusers the benefit of access to the U.S. and international financial systems.

Illustration: Pixabay

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U.S.-China Economic and Trade Relations

The U.S.-China Economic and Security Review Commission  has issued its annual report to Congress. The New York Analysis of Policy and Government will periodically present summaries of their work.

The CCP’s [Chineses Communist Party] mismanagement and concealment of the COVID-19  outbreak fueled a global pandemic and contributed to a massive shock  to the global economy in 2020. China’s own economy appears to be in an early recovery, yet it is concluding 2020 in a more precarious  economic position than it began the year. Both the immediate economic shock and uneven recovery have deepened inequality and perpetuated inefficient allocation of resources and credit. To revive growth, the government rehashed a familiar strategy of state-led investment in the  industrial sector but did little to shore up the social safety net, leading  to a rebound in industrial output but not consumption. Continued increases in supply without revival of demand risk exacerbating Chinese  overproduction and could drive down global prices, hurting workers and  businesses beyond China’s borders.  

Prior to the outbreak, in January 2020 the U.S. and Chinese governments signed a Phase One agreement, which secured commitments across a range of U.S. interests. Although the deal was welcomed by many stakeholders, it left unaddressed longstanding structural distortions introduced by China’s economic policies. China’s commitments to provide greater market access for some foreign financial services  may present commercial opportunities for U.S. firms but could also  expose U.S. financial institutions and investors to substantial risks. The commitments are by no means synonymous with liberalizing the sector,  and U.S. entrants will likely compete with local rivals on unfair terms.  A fresh infusion of foreign capital may also allow Chinese banks to roll  over delinquent loans and keep perennially loss-making enterprises  afloat, rather than pushing through much-needed reforms to address  systemic financial risks.  

U.S.-China bilateral tensions continued to escalate in 2020. In a series of unilateral measures, U.S. policymakers moved to halt the  flow of U.S. advanced technology to Chinese companies that pose a  national security threat. Chinese policymakers are considering a range  of retaliatory measures, including introducing export regulations and  an unreliable entity list—a blacklist—aimed at punitive reciprocal  restrictions. As U.S. imports from China declined, U.S. multinationals  began to reconsider how best to structure their supply chains in the  face of uncertainty and political risk.

Key Findings 

▶ China’s GDP contracted 6.8 percent the first quarter of 2020, marking the worst quarterly performance since 1992 and the first contraction since the Mao era. Responding to the economic shock, China’s government reverted to past practices, exacerbating  enduring structural problems within China’s economy. Massive state-led investment and other policy choices have benefitted state 

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owned enterprises at the expense of households and small business  and risk increasing global overcapacity, inequality, and debt buildup. 

▶ U.S.-China tensions continued to escalate over trade and national security concerns. The U.S. Department of Commerce tightened restrictions on Huawei and added over 100 China-based entries to  the Entity List for a range of activities, including illicitly providing U.S.  technology to China’s military, aiding in the repression of China’s ethnic Uyghur minority, and constructing artificial islands in the  South China Sea. The U.S. Department of Homeland Security also blocked Chinese imports from factories and companies suspected of  using forced labor, primarily in China’s Xinjiang Uyghur Autonomous  Region. Chinese leaders have threatened retaliatory treatment and  redoubled efforts to secure technological self-sufficiency. 

▶ Continuing trade tensions and shortages related to the spread of the COVID-19 pandemic revealed key supply chain vulnerabilities,  prompting the United States and its allies to accelerate their  reassessment of dependence on China for critical inputs and  finished goods. As 2020 comes to a close, U.S. companies continue  to weigh their sourcing options and consider what degree of reliance  on concentrated production in China is acceptable. 

▶ Despite mounting tensions between the United States and China, the two countries reached a Phase One trade agreement in January. In the agreement, China once again committed to ensuring  technology transfer occurred on a voluntary basis, providing stronger  intellectual property protection, allowing greater market access for  U.S. financial services, reducing nontariff barriers to trade for U.S.  agricultural products, and reaching specific purchase targets of U.S.  exports, though by August 2020 China was on track to import only  one third of the aggregate target for the year. Remaining long-term challenges, including Chinese government subsidies,local content requirements, and continuing market access restrictions in other  sectors were deferred to future rounds of negotiation. 

▶ The Chinese government’s decision to allow greater foreign investment in its financial sector coincides with an urgent domestic  demand for capital, as China’s banking sector faces an unsustainable  debt burden. Favoritism for local corporations, lack oftransparency,  and weak regulatory and accounting practices place U.S. assets and  investors, including pension funds, at substantial risk. 

Illustration: Pixabay

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4 States Sued on Illegal Election Practices

Texas Attorney General Ken Paxton has filed a lawsuit against Georgia, Michigan, Pennsylvania and Wisconsin in the United States Supreme Court.

According to court papers filed, Texas argues that those four states exploited the COVID-19 pandemic to justify ignoring federal and state election laws. Paxton states that they unlawfully enacted last-minute changes, thus skewing the results of the 2020 General Election. The battleground states flooded their population with unlawful ballot applications and ballots while ignoring statutory requirements as to how they were received, evaluated and counted.

“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” said Attorney General Paxton. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”   

Paxton argues that elections for federal office must comport with federal constitutional standards. For presidential elections, each state must appoint its electors to the electoral college in a manner that complies with the Constitution. The Electors Clause requirement is that only state legislatures may set the rules governing the appointment of electors and elections and cannot be delegated to local officials. The majority of the rushed decisions, made by local officials, were not approved by the state legislatures, thereby circumventing the Constitution.  

Summary of the Texas Brief to the United States Supreme Court

In the Supreme Court of the United States STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants. MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Ken Paxton* Attorney General of Texas

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Non-legislative actors’ purported amendments to States’ duly enacted election laws, in violation of the Electors Clause’s vesting State legislatures with plenary authority regarding the appointment of presidential electors.

• Intrastate differences in the treatment of voters, with more favorable allotted to voters – whether lawful or unlawful – in areas administered by local government under Democrat control and with populations with higher ratios of Democrat voters than other areas of Defendant States.

• The appearance of voting irregularities in the Defendant States that would be consistent with the unconstitutional relaxation of ballot-integrity protections in those States’ election laws. All these flaws – even the violations of state election law – violate one or more of the federal requirements for elections (i.e., equal protection, due process, and the Electors Clause) and thus arise under federal law. See Bush v Gore, 531 U.S. 98, 113 (2000) (“significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question”) (Rehnquist, C.J., concurring).

Plaintiff State [Texas] respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law. Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections. Taken together, these flaws affect an outcomedeterminative numbers of popular votes in a group of States that cast outcome-determinative numbers of electoral votes.

This Court should grant leave to file the complaint and, ultimately, enjoin the use of unlawful election results without review and ratification by the Defendant States’ legislatures and remand to the Defendant States’ respective legislatures to appoint Presidential Electors in a manner consistent with the Electors Clause and pursuant to 3 U.S.C. § 2. December 7, 2020

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Ignoring Evidence, by Pretending it is Not Evidence Part 2

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

Consider these examples from Here is the Evidence, from Detroit, Michigan, courtesy of Newsmax:

“’On Tuesday, November 3, 2020 approximately 4:00 to 5:30 p.m,’ John C. Palmer III recalled, ‘I watched 10 or more vehicles with out-of-state license plates drive up to the loading dock areas. I remember seeing Illinois, Minnesota, Missouri, Virgina [sic] etc.’ Palmer was ‘a volunteer observer’ stationed just outside Detroit’s Department of Elections Building.  ‘I was shocked to see that the ballot machines were controlled by these individuals and not Michigan and/or Detroit residents,’ Palmer continued. ‘Many of these out-of-state people carried boxes with Dominion written on them from their vehicles.’

“’Large quantities of ballots were delivered to the TCF Center in what appeared to be mail bins with open tops,’ poll challenger Daniel Gustafson affirmed. ‘These ballot bins and containers did not have lids, were not sealed, and did not have the capability of having a metal seal. The ballot bins were not marked or identified in any way to indicate their source of origin.’

“’On Wednesday, November 4, 2020, Detroit election officials told us that they were going to process military ballots last,’ challenger Robert Cushman observed. ‘I was surprised to see numerous new boxes of ballots arrive at the TCF Center in the evening. I first noticed these boxes in the distribution area after many of the military ballots had been distributed and processed. I estimate these boxes contained several thousand new ballots when they appeared.’”

Affidavits are not generally admissible at trial – you cannot cross examine a sworn statement.  However, providing an affidavit generally indicates the willingness of a witness to testify, under oath, to their observations.  The testimony of such a witness is unequivocally evidence.

If we wish to give the left’s denials of the existence of this evidence the benefit of the doubt, there are two possible interpretations of their position.  The evidence is not credible; and the evidence is not compelling.

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These positions cannot be ignored.  Recently, a lawsuit brought by the Trump campaign in Pennsylvania challenging the results of the election in that state was dismissed by a federal judge.  As stated by Columnist Byron York, “(n)o one should be surprised that Trump lost. The suit was against the Pennsylvania Secretary of State, Kathy Boockvar, and seven individual counties. It relied on two plaintiffs — two Pennsylvania men who said their mail-in ballots had been canceled for technical reasons, and they were not given a chance to correct them.  The judge agreed that the two men had suffered what is called an ‘injury in fact’ — that is, their votes had not counted. But the problem was, neither man lived in any of the seven counties the Trump campaign named as defendants in the case. So none of the defendant counties had had anything to do with the ballots in question. In addition, the suit did not tie the plaintiffs’ situation to Boockvar. So none of the defendants had anything to do with the plaintiffs’ complaints.” 

In other words, the evidence presented to the federal court in Pennsylvania was neither credible, nor compelling.

Much has been made of the allegations of voter fraud made by former federal prosecutor Sidney Powell.  In a joint press conference with President Trump’s personal attorney Rudy Giuliani, “they claimed to have sufficient evidence of voter fraud to overturn the 2020 presidential election results.”  Yet, when asked to provide evidence of these allegations to Fox’s Tucker Carlson, Powell refused.  In fact, according to Carson, “(w)hen we checked with others around the Trump campaign, people in positions of authority, they told us Powell has never given them any evidence either, nor did she provide any today at the press conference.” 

It is very possible that Powell has chosen to play her cards very close to her vest and will provide the evidence she claims to have in a court of law.  But given the dismissal of the Pennsylvania lawsuit, it is not impossible that Powell is “blowing smoke.”

If that is the case, then the mainstream media would be emboldened to continue their claims that there is “no evidence” of voter fraud.  However, given the sworn statements collected to date, this statement is, and continues to be, untrue.  There is evidence.

But whether that evidence is credible and compelling enough to overturn the results of the 2020 election remains to be seen.

Photo: Pixabay