I still remember quite vividly my early days in college leading up to the 1992 presidential campaign between George H.W. Bush and Bill Clinton. While traditionalists and older political analysts thought Clinton would have a very hard time overcoming a sitting president who had just won a war, Generation X voters were impassioned by the energy and intellectualism of the saxophone-playing candidate. While there were many issues that account for that Clinton victory, I always recall how excited us young voters were about finally getting someone into the White House who could TALK.
No matter what his flaws, Clinton could spit into the mic and we were enraptured! What I did not know at the time was that this would be the starting point in the United States in which the concept of civil discourse would not only deteriorate over an entire generation but would become an almost lost treasure. And this deterioration has perhaps achieved its nadir with the current president.
Looking back now I realize just how disrespectful our slightly ageist condescension was projecting onto our voting behavior: we didn’t want this old man who had no concept of the ‘vision thing’ and who almost stuttered any time he spoke before the public. It did not matter that this was a man who had spent a lifetime highly decorated, having served in various important positions throughout the federal government. We pretended that our rejection of Bush was based on the issues, but a lot of it was just our own dismissal of his ‘worthiness’ to represent us on a style level. Ultimately, as we all know, the two terms of Bill Clinton delivered in spades a lesson to all progressives of how easily the pendulum of disrespectful discourse can swing back against you: by the time Clinton left office, his various moral foibles had produced an atmosphere for civil discourse that was even worse, more derisive and corrosive, than anything seen back in 1991-1992.
Of course, as we all know, the problem with the exit of Bill Clinton from the Oval Office was that it signaled the entrance of George W. Bush. Cue the pendulum of disrespect, dismissal, and distaste to swing back in the other direction: once more, instead of new civil discourse about ideas, programs, policies, and vision, people were more obsessed with simply destroying each other. Once more we supposedly had an ignorant moron in the White House: someone who was either uncomfortable or simply unfamiliar with the English language. A simpleton who did not deserve to be in the Oval Office. So, while I had been concerned throughout the 90s at how severely civil discourse seemed to degrade from H.W. Bush to Clinton, I was thoroughly horrified by how much worse that discourse became – more harsh, more brazen, more vulgar – from Clinton to W. Bush throughout the 2000s.
As we started to ramp up for the 2008 election, I once more became caught up in the history of the moment, in the sense of bringing change to our system and structures. Even the campaign itself of Barack Obama focused on ‘hope.’ This would be the moment, I thought to myself. THIS would be the change the country has long needed. Except the change I wanted to see had nothing to do with party, ideology, or specific conservative-liberal policy debates. The change I thought would arrive with Obama, after eight horrific years of W. Bush, would be a change of open dialogue, intellectual engagement, and civil conversation over ideas. Alas, I was spectacularly wrong.
This article is not about which parts of the blame pie for this continued civil discourse degradation are bigger or biggest. Some have reason to believe the only reason things got worse under Obama was because of tried-and-true racism: the inability of closeted and not-so-closeted bigots to accept a black man as president of America. Others take a softer tactic and simply state it was verbal and intellectual payback time: after enduring so much dismissive derision and disrespect during Bush the Younger’s two terms, there were plenty of people determined to give back in kind to the new Democratic president. As is so often the case, my guess is that reality is best located with a mixture of all the factors and it therefore might not be so important to figure out exact percentages of blame. For me, again in terms of civil discourse, all that mattered was that my initial hope for finally establishing a positive trend for discussive engagement was dashed against the rocks of partisan vitriol and bile.
During Obama’s two terms I remember thinking to myself, ‘well, no matter what happens, it just isn’t possible that in 2016 this trend of progressively deteriorating civil discourse could get worse.’ After all, I had at this point literally spent my entire adult life under the tyranny of worsening dialogue, where the intellectual exchange of ideas meant to advance knowledge had been replaced by the shrill harping of empty platitudes serving no purpose but to cut, wound, and humiliate. Surely it could not be possible to take this environment and find a way to make it plumb to yet deeper, more disgusting depths? Citizens of the world, I give you President Donald Trump! Incredibly, we found ways to have the depths plumbed deeper and new layers of depravity now dominate the corridors of discourse.
Over the years I thought this disturbing reality was a top-down problem: if only we could have that truly unique chief executive in the Oval Office, one who could transcend all of this vulgar bile and ideological hatred, then the situation across all layers of American society would begin to improve. Part of me still wishes to believe this. But I fear I must confess that this wish is indeed just that: wishful thinking based on no real evidence. I worry now that this problem was never a top-down problem to be remedied by some extraordinary individual. Instead, it is a bottom-up problem that reflects the degradation of our society overall: one in which people do not seek to learn, are fearful of ever being seen as ‘wrong,’ and avoid at all costs being challenged in any intellectual way whatsoever.
This version of the problem more accurately explains the cringe-worthy, vomit-inducing political environment holding America hostage on both sides of the aisle; it explains why the word ‘compromise’ is literally seen by the majority of Americans as cowardice and not as a symbol of reasoned and wise judgment; it accounts for the explosion of fake news and people’s apparent passion for following it; it exposes the truth behind college campuses seemingly more focused on limiting the discourse of ideas for their students rather than exposing them to as many ideas as possible and demanding that they hone their discourse skills to take on all comers and defeat anathema positions with sound arguments and logical persuasion.
We have dropped our society from an avenue that once held serious intellectual discussions on a justifiably high pedestal into a gutter that avoids substantive civil discourse and presumes none of us are able to participate in discussions at all unless we have a predetermined guarantee of being lauded and unchallenged. We do not even see the irony of not allowing the chance to be ‘wrong,’ even though the concept of falsifiability has literally been the bedrock upon which all serious research, scholarship, and thinking is based. It is only in being wrong, only in the free exchange of challenging and challenged ideas, that society in its entirety improves and moves forward. We have not just lost this simple axiom, we have rejected it. We now live in self-perpetuating sycophantic echo chambers, gilded towers of Babel built to ourselves.
How does this stop? How do we bring back civil discourse from the edge of the abyss where it presently sits? I have no illusions at how hard it will be. Not only does it demand a desire for change within the people themselves: to be accepting of the fact that they are not infallible, that their ideas are not the ONE TRUE PATH to which all others must bow, that engaging in debate must not be a gladiatorial fight to the death but a civil discourse aimed at making all in attendance more reflective, more contemplative, that the issues being discussed are enriched simply by the act of civility itself, and that ideas are meant to change and evolve, to be dynamic and not static. It also demands that our institutions, administrations, thought leaders and scholars, our intellectuals en masse must not be afraid to support the structures that create, facilitate, and maintain arenas for such discourse. Right now we live with institutes that are so afraid of people engaging that instead of leading the charge they are cowering in the rear, hiding from possible protests, bad press, or potential litigation.
I have long held a secret dream: to travel the country, indeed the world, visiting as many institutions and organizations as I can, openly engaging their best thinkers in a series of debates, on whatever topics are most important to them, to challenge and instigate and provoke. I want to do this not to embarrass people or destroy particular issues in favor of others. I want this initiative done so as to begin the process of making people realize that civil discourse is the only true way to create new ideas, new passions, and new progress. It is the only way we get better. It is the only way we grow. We, the intellectuals and scholars, the middle layer of society, are the ones best suited to begin this movement. But, so far, not a single institution and its resident experts have answered my call and my challenge. This is most unfortunate. Because this society we have created, a society of incivility and empty rhetoric in place of civil discourse and substantive engagement, is a society we must destroy before it literally destroys us.
Roads and Rails for the U.S.
For those who expect the newly announced $2 trillion Biden infrastructure program to be a goodbye to potholes and hello to smooth-as-glass expressways, a disappointment is in store. The largest expenditure by far ($400 billion) is on home/community care, impacting the elderly or disabled. The $115 billion apportioned to roads and bridges is #4 on the list.
The American Society of Civil Engineers (ASCE) keeps tabs on our infrastructure and their latest report (2020) gave it an overall grade of C-. Although bridges worsened, this is a modest improvement on the previous report (2017) when the overall grade was D+. If $115 billion in spending sounds adequate, one has to remember it costs $27 billion annually for upkeep.
Astounding it might be the backlog in spending for roads and bridges runs at $12 billion annually. Go back 20 years and we have a quarter trillion shortfall. Add all the other areas of infrastructure and the ASCE comes up with a $5 trillion total. It is the gap between what we have been spending and what we need to. Also one has to bear in mind that neglect worsens condition and increases repair costs.
One notable example of maintenance is the Forth rail bridge in Scotland. A crisscross of beams forming three superstructures linked together, it was a sensation when opened in 1890 and now is a UN World Heritage Site. Spanning 1.5 miles, its upkeep requires a regular coat of paint. And that it gets. Rumor has it that when the unobtrusive painters reach the end of their task, it is time to start painting again the end where they began — a permanent job to be sure though new paints might have diminished such prospects.
Biden also proposes $80 billion for railways. Anyone who has travelled or lived in Europe knows the stark contrast between railroads there and in the U.S. European high-speed rail networks are growing from the established TGV in France to the new Spanish trains. Run by RENFE, the national railway, Alta Velocidad Española (AVE) trains run at speeds up to 310 km/h (193 mph) — a speed that amounts to a convenient overnight trip between Los Angeles and Chicago.
The hugely expensive new tracks needed can be considered a long-term investment in our children’s future. But it will take courage to contest the well-heeled lobbies of the airplane manufacturers, the airlines and big oil.
If Spain can have high-speed rail and if China already has some 24,000 miles of such track, surely the US too can opt for a system that is convenient for its lack of airport hassle and the hour wasted each way in the journey to or from the city center. Rail travel not only avoids both but is significantly less polluting.
Particularly bad, airplane pollution high above (26 to 43 thousand feet) results in greater ozone formation in the troposphere. In fact airplanes are the principal human cause of ozone formation.
Imagine a comfortable train with space to walk around, a dining car serving freshly cooked food, a lounge car and other conveniences, including a bed for overnight travel; all for a significantly less environmental cost. When we begin to ask why we in the US do not have the public services taken for granted in other developed countries, perhaps then the politicians might take note.
Congress and the Biden administration should end FBI immunity overseas
The FBI notably has an extended international presence running 63 offices in select countries overseas. The offices are called “legats” and are situated at the US Embassy in the host country. One of the major reasons for FBI’s international presence is fighting international terrorism.
The FBI legat personnel at the US embassies are fully accredited diplomats enjoying full diplomatic immunity but that poses several questions that are worth asking, such as: how is it possible for law enforcement to be diplomats and is that a good idea, legally speaking?
Police work should not enjoy diplomatic immunity because that opens the door to abuse. Does the FBI’s immunity overseas mean that the FBI attaches can do no wrong in the host country? How do we tackle potential rights infringements and instances of abuse of power by the FBI towards locals in the host country? The DOJ Inspector General and the State Department Inspector General would not accept complaints by foreigners directed at the FBI, so what recourse then could a local citizen have vis-a-vis the FBI legat if local courts are not an option and the Inspector Generals would not look into those cases?
This presents a real legal lacuna and a glitch in US diplomatic immunity that should not exist and should be addressed by Congress and the new Biden administration.
While FBI offices overseas conduct some far from controversial activities, such as training and educational exchanges with local law enforcement, which generally no one would object to, the real question as usual is about surveillance: who calls the shots and who assumes responsibility for potentially abusive surveillance of locals that may infringe upon their rights. It’s an issue that most people in countries with FBI presence around the world are not aware of. The FBI could be running “counter-terrorism” surveillance on you in your own country instead of the local police. And that’s not nothing.
When we hear “cooperation in the area of counter-terrorism”, as recent decades show, there is a great likelihood that the US government is abusing powers and rights, without batting an eyelash. That exposes local citizens around the world to unlawful surveillance without legal recourse. Most people are not even aware that the FBI holds local offices. Why would the FBI be operating instead of the local law enforcement on another country’s territory? That’s not a good look on the whole for the US government.
The legal lacuna is by design. This brings us to the nuts and bolts of the FBI legats’ diplomatic immunity.
Diplomatic immunity is governed by the Vienna Convention on Diplomatic Relations of 1961, under Chapter III on privileges and immunities. The US is also a state party to the Convention, along with most states around the world. While there could be some variations and disagreements on bilateral basis (including on weather for example one state could be hosted and represented through the embassy of another state in a third state), on the whole there is a universal consensus that the Vienna Convention sets the rules establishing diplomatic immunities and privileges.
Under the Vienna Convention, only top diplomats are given the highest degree of immunity from the law. This means they cannot be handcuffed, arrested, detained, or prosecuted by law enforcement officials of the country in which they’re stationed. Diplomatic immunities and privileges also include things like diplomatic “bags” (with very peculiar cases of what that could entail) and notably, protection and diplomatic immunity for the family of diplomats.
It is a universal consensus that not everyone who works at an Embassy has or should have diplomatic immunity. Immunity is saved for diplomats whose role has to be protected from the local jurisdiction of the country for a reason. Not all embassy staff should enjoy diplomatic immunity. Granting law enforcement such as the FBI full legal immunity for their actions is bad news.
Only the top officials at an embassy are diplomats with an actual full immunity — and that’s for a reason.
It makes sense why a diplomat negotiating an agreement should not be subjected to local courts’ jurisdiction. But the same doesn’t go for a law enforcement official who acts as a law enforcement official by, for example, requesting unlawful surveillance on a local citizen, in his law enforcement capacity, while thinking of himself as a diplomat and being recognized as such by the law.
Law enforcement personnel are not diplomats. Dealing with extraterritorial jurisdiction cases or international cases is not the same thing as the need for diplomatic immunity. If that was the case, everyone at the export division at the Department if Commerce would have diplomatic immunity for protection from foreign courts, just in case. Some inherent risk in dealing with international cases does not merit diplomatic immunity – otherwise, this would lead to absurdities such as any government official of any country being granted diplomatic immunity for anything internationally related.
The bar for diplomatic immunity is very high and that’s by design based on an international consensus resting upon international law. Simply dealing with international cases does not make a policeman at a foreign embassy a diplomat. If that was the case every policeman investigating an international case would have to become a diplomat, just in case, for protection from the jurisdiction of the involved country in order to avoid legal push-back. That’s clearly unnecessary and legally illogical. Being a staff member at an embassy in a foreign country does not in and of itself necessitate diplomatic immunity, as many embassy staff do not enjoy diplomatic protection. It is neither legally justified nor necessary for the FBI abroad to enjoy diplomatic immunity; this could only open up the function to potential abuse. The FBI’s arbitrary surveillance on locals can have a very real potential for violating the rights of local people. This is a difference in comparison to actual diplomats. Diplomats do not investigate or run surveillance on locals; they can’t threaten or abuse the rights of local citizens directly, the way that law enforcement can. Lack of legal recourse is a really bad look for the Biden administration and for the US government.
The rationale for diplomatic immunity is that it should not be permitted to arrest top diplomats, who by definition have to be good at representing their own country’s interests in relation to the host state, for being too good at their job once the host state is unhappy with a push back, for example. The Ambassador should not be exposed to or threatened by the risk of an arrest and trial for being in contradiction with the interests of the host state under some local law on treason, for example, because Ambassadors could be running against the interests of the host state, by definition. And that’s contained within the rules of diplomatic relations. It’s contained in the nature of diplomatic work that such contradictions may arise, as each side represents their own country’s interests. Diplomats should not be punished for doing their job. The same doesn’t apply to the FBI legats. Issuing surveillance on local citizens is not the same as representing the US in negotiations. The FBI legats’ functions don’t merit diplomatic immunity and their actions have to be open to challenge in the host country’s jurisdiction.
The FBI immunity legal lacunae is in some ways reminiscent of similar historic parallels, such as the George W. Bush executive order that US military contractors in Iraq would enjoy full legal immunity from Iraqi courts’ jurisdiction, when they shouldn’t have. At the time, Iraq was a war-torn country without a functioning government, legal system or police forces. But the same principle of unreasonable legal immunity that runs counter international laws is seen even today, across European Union countries hosting legally immune FBI attaches.
Congress and the Biden administration should end FBI immunity overseas. It can be argued that for any local rights infringements, it is the local law enforcement cooperating with the US Embassy that should be held accountable – but that would ignore that the actual request for unlawful surveillance on locals could be coming from the FBI at the Embassy. The crime has to be tackled at the source of request.
When I reached out to the US Embassy in Bulgaria they did not respond to a request to clarify the justification for the FBI diplomatic immunity in EU countries.
To prevent abuse, Congress and the Biden Administration should remove the diplomatic immunity of the FBI serving overseas.
Competition and cooperation between China and the United States and the eighth priority
In mid-March U.S. President Biden held his first press conference since taking office. Speaking about Sino-U.S. relations, Biden said: “I will prevent China from surpassing the United States of America during my term of office”. At the same time, he also stressed that he would not seek to confront China, but to keep up fierce competition between the two countries.
Focusing on competition between major powers is one of the important changes in U.S. foreign policy in recent years. As the strengths of China and the United States draw closer together, the United States increasingly feels that its own ‘hegemony’ is threatened. During Trump’s tenure, the United States has caused a trade war, a technology war, and even a complete disagreement with China in an attempt to curb China’s development momentum and erode Chinese positions.
The expansion of the competitive field and the escalation of the competitive situation have become the hallmarks of Sino-U.S. relations during this period. Although Biden’s policy line has made substantial changes to ‘Trumpism’, it still has much of its predecessor’s legacy with regard to its policy towards China.
The first foreign policy speech made by U.S. Secretary of State Tony Blinken listed China Challenge as the eighth priority, preceded by:
1) ending the COVID-19 pandemic;
2) overcoming the economic crisis, reviving the economy at home and abroad, as well as and building a more stable and inclusive global economy;
3) renewing democracy;
4) reforming immigration and creating a humane and effective immigration system;
5) rebuilding alliances, revitalising U.S. ties with allies and partners with the system that the military calls force multiplier;
6) tackling climate change and leading a green energy revolution;
7) securing U.S. leadership in technology; and
8) confronting China and managing the greatest geopolitical test of the 21st century, i.e. relations with China, which is the only country with economic, diplomatic, military and technological power to seriously challenge the international system and equilibria.
The eighth medium-term guideline for the national security strategy sees China as an important competitor. These guidelines clearly show that competition still sets the tone in the way President Biden’s Administration’s manages relations with China, as was the case in the previous four-year period.
At a press conference on March 26, 2021, Chinese Foreign Ministry spokesperson Hua Chunying said the above statements were not surprising. It is clear that China and the United States are competing on different interest levels.
The key factor, however, is to compete fairly and justly and to improve oneself. The appeal to the other side is moderation and restraint, not life or death, or a zero-sum game. These words are along the same lines as Foreign Minister Wang Yi’s statement when he spoke about Sino-U.S. relations at a session of the National Congress of People’s Representatives of the People’s Republic of China (the Chinese Parliament). It is not only a response to the U.S. strategy of competition with China, but it also provides a model for the future way in which superpowers should proceed together.
The reality of Sino-U.S. competition is unavoidable, but competition can be divided into benign and vicious. The former is a winning model for “improving oneself and understanding the needs of the other side”.
Since Deng Xiaping’s reforms and opening up to international trade, China has begun its own reconstruction. It has continuously widened the scope for benign competition and has changed its mindset by actively embracing the world’s different political parties and participating in international competition. It has also inspired enthusiasm for innovation and creativity and made progress in various fields.
At the same time, development has also provided ample opportunities for countries around the world and injected growth momentum into the global economy: this is a typical example of China’s good interaction and common development with all countries around the globe.
Conversely, fierce competition means breaking rules and systems and even breaking the demarcation line to prevent or contain the opponent, and this is usually followed by fierce conflicts.
The two World Wars of the last century were extreme examples of violent competition between great powers: the first as a clash between capitalist imperialisms in search of new markets; the second as a result of mistakes made in the peace treaties that ended the Great War, plundering the losers and causing misery, resentment and chauvinistic desires.
In today’s world, competition without respect for the other side has not disappeared from the scene of history. Trump Administration’s frantic anti-China activity over the last four years has not only failed to make the United States ‘great again’, but has caused a linear decline in its national competitiveness, at least according to the World Competitiveness Yearbook 2020 published by the Lausanne-based International Institute for Management Development, which sees the United States dropping from third to tenth place. Besides the fact that its international image has seriously plummeted and Sino-U.S. relations have hit the lowest ebb since the establishment of diplomatic relations. It can clearly be seen that fierce competition will only restrain its promoters and ultimately harm the others, themselves and the international community.
In December 2020 General Mark Alexander Milley, Chairman of the Joint Chiefs of Staff (a body that brings together the Chiefs of Staff of each branch of the U.S. military and the Head of the National Guard Bureau), said in an interview that ‘great powers must compete. This is the essence of the world’.
There is no problem with this statement: it is not wrong, but it is important to maintain a state of competition and contact between major powers, precisely to ensure that it does not turn into conflicts or wars that are fatal to mankind and the planet as a whole.
The gist of the speech shows that some U.S. elites also believe that China and the United States should adhere to the principle of ‘fighting without breaking each other’. The importance and the overall and strategic nature of Sino-U.S. relations determine that no one can afford the zero-sum game, which is a lose-lose as opposed to a win-win game – hence we need to ensure that competition between the two countries stays on the right track.
Competition between China and the United States can only be fair and based on rules and laws. This is the basic rule of international relations, in accordance with the Charter of the United Nations as its point of reference.
Regardless of the common interests of China, the United States or peoples in the world, both countries should make this system promote healthy and fair competition, thus turning it into the greatest value of sharing and cooperation.
China’s goal has never been to surpass the United States, but to advance steadily and become better and no longer a prey to imperialism and colonialism as it has been the case since the 19th century, when Great Britain waged the two Opium Wars (1839-1842 – 1856-1860) to have not only the opportunity, but also the right to export drugs to the Middle Empire – hence Great Britain was the first pusher empowered and authorized by the force of its weapons.
Although – by its own good fortune -the United States has never been England, it should not always be thinking of surpassing the others or fearing being overtaken by the others, but should particularly focus on Secretary of State Blinken’s first seven priorities and raise its expectations.
China should show its traditional political wisdom and manage Sino-U.S. relations in accordance with the principles of non-conflict, non-confrontation, mutual respect and win-win cooperation, so that Sino-U.S. relations can develop in a healthy and stable way for the good of the whole planet.
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