Now that President Donald Trump has declared an outright and open war on international terrorism all around the world, joining forces with Russian President Putin and Chinese Premier Xi, and scores of other world leaders to combat this enemy of civilization, in order to absolutely decimate violent actors around the planet who use destructive and disruptive means and methods other than political discourse to settle their differences, so too must he begin to now do, with regards to internet terrorism, slander, libel, defamation, terrorist threats, incitement to violence, and targeted harassment online.
As President Trump knows only too well, as he is a prime target of the Deep State/Oligarch/Global Terrorist Network online, with their relentless attacks on him, his wife, his family and his administration, when he developed the term “Fake News,” he is also the only one who can finally find the balance between the U.S. Constitution First Amendment and terrorism carried out online.
Trump has repeatedly promised to “look at the libel laws,” but what he should specifically look at is how to hold websites, their hosts, and their advertisers responsible and liable for their egregious taking advantage of the broad based immunities and protections afforded by the Communications Decency Act of 1996 Section 230 (aka “CDA 230“), drafted and passed by U.S. legislators such as Ron Wyden and Christopher Cox, which literally opened the floodgates to trillions of dollars of damage to individuals, small and large business, domestic and global relationships, national security, and global cohesion.
True enough, freedom of speech is paramount, and essential to the American constitutional experiment – but after 20 years of this “wild west” of internet speech, we know and have learned many things.
Various organized criminal enterprises have sprung up all over the world, extorting and blackmailing innocent people and businesses to pay them exorbitant amounts of money to remove/challenge anonymous, cowardly, false, defamatory, slanderous, libelous, terroristic, and incitement to violent threats online, always hiding behind the immunity and protection afforded by CDA 230 to both their own mafia-like “reputation management” websites, their web hosts, and their advertisers.
Much has also been revealed about the “ties” by and between these “reputation management” websites, and the offending websites themselves, so that if one pays one of these extortionate websites for “arbitration” or “challenging offending posts,” one will suddenly find a dramatic increase in the exact same or similar postings on other offending websites, thus increasing damages, exposure, and of course, the “costs” attendant to getting these offensive and threatening posts off of the internet.
This is a classic racketeering enterprise, and each and every country has their own rules and laws governing such type of criminal activity, and in the United States, the most lax and forgiving of all of these types of crimes, it is called “RICO,” or the Racketeering Influenced Corrupt Organization act.
This RICO law is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them in doing, closing a perceived loophole that allowed a person who instructed someone else to, to be exempt from the trial because they did not actually commit the crime personally.
Under RICO, a person who has committed “at least two acts of racketeering activity” drawn from a list of 35 crimes – 27 federal crimes and 8 state crimes – within a 10 year period can be charged with racketeering if such acts are related to an “enterprise.”
Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count.
In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of “racketeering activity.”
This statute could easily be used against most of the “reputation management” websites which, like the Mafia, literally aid and abet, if not “create” the online internet threats, targeting, harassment, incitement to violence, and terrorist threats in order to then charge a hefty “fee” to either “eradicate” or “combat” those self-created threats.
Indeed many business, banking, financial, communication, personal, and professional relationships can easily be discovered by and between these “reputation management” organized crime websites, and the other “offending websites” containing such illegal and unethical content.
The problem is that since at least 1996, the “Deep State” has successfully used the protections afforded by the CDA 230 to target their enemies online, discrediting and hobbling them at will, while simultaneously being able to weather the proverbial storm against themselves, because they are directly connected to the international central bankers with unlimited amounts of cash to survive personal or professional online destruction, while their targeted Deep State enemies are, by definition, “swimming upstream” against them, struggling barely to survive.
This is by no means a fair fight, and hundreds of millions of “dead” businesses and individuals have washed up on the shore in their wake, while Deep State connected individuals and businesses always seem to stay afloat.
So if President Donald Trump, arguably the greatest victim of the above referenced type of global online criminal activity on behalf of the Deep State, which is still relentlessly trying to destroy him, his family, his administration and his legacy, as well as average American individuals and businesses that he professes to care so much about, and if he is truly serious about “looking at the libel laws” as he has repeatedly stated/promised, then perhaps this is the best place for him to start.
A self-inflicted wound: Trump surrenders the West’s moral high ground
For the better part of a century, the United States could claim the moral high ground despite allegations of hypocrisy because its policies continuously contradicted its proclaimed propagation of democracy and human rights. Under President Donald J. Trump, the US has lost that moral high ground.
This week’s US sanctioning of 28 Chinese government entities and companies for their involvement in China’s brutal clampdown on Turkic Muslims in its troubled north-western province of Xinjiang, the first such measure by any country since the crackdown began, is a case in point.
So is the imposition of visa restrictions on Chinese officials suspected of being involved in the detention and human rights abuses of millions of Uyghurs and other Turkic Muslims.
The irony is that the Trump administration has for the first time elevated human rights to a US foreign policy goal in export control policy despite its overall lack of concern for such rights.
The sanctions should put the Muslim world, always the first to ring the alarm bell when Muslims rights are trampled upon, on the spot.
It probably won’t even though Muslim nations are out on a limb, having remained conspicuously silent in a bid not to damage relations with China, and in some cases even having endorsed the Chinese campaign, the most frontal assault on Islam in recent history.
This week’s seeming endorsement by Mr. Trump of Turkey’s military offensive against Syrian Kurds, who backed by the United States, fought the Islamic State and were guarding its captured fighters and their families drove the final nail into the coffin of US moral claims.
The endorsement came on the back of Mr. Trump’s transactional approach towards foreign policy and relations with America’s allies, his hesitancy to respond robustly to last month’s missile and drone attacks on Saudi oil facilities, his refusal to ensure Saudi transparency on the killing a year ago of journalist Jamal Khashoggi and his perceived empathy for illiberals and authoritarians symbolized by his reference to Egyptian field marshal-turned-president Abdel Fattah al-Sisi as “my favourite dictator.”
Rejecting Saudi and Egyptian criticism of his intervention in Syria, Turkish president Recep Tayyip Erdogan gave the United States and Mr. Trump a blunt preview of what they can expect next time they come calling, whether it is for support of their holding China to account for its actions in Xinjiang, issues of religious freedom that are dear to the Trump administration’s heart, or specific infractions on human rights that the US opportunistically wishes to emphasize.
“Let me start with Saudi Arabia,” Mr. Erdogan said in blistering remarks to members of his Justice and Development Party (AKP). “Look in the mirror first. Who brought Yemen to this state? Did tens of thousands of people not die in Yemen?” he asked, referring to the kingdom’s disastrous military intervention in Yemen’s ruinous civil war.
Addressing Mr. Al-Sisi, Mr. Erdogan charged: “Egypt, you can’t talk at all. You are a country with a democracy killer.” The Turkish leader asserted that Mr. Al-Sisi had “held a meeting with some others and condemned the (Turkish) operation – so what if you do?”
The fact that the United States is likely to encounter similar responses, even if they are less belligerent in tone, as well as the fact that Mr. Trump’s sanctioning of Chinese entities is unlikely to shame the Muslim world into action, signals a far more fundamental paradigm shift: the loss of the US and Western moral high ground that gave them an undisputed advantage in the battle of ideas, a key battleground in the struggle to shape a new world order.
China, Russia, Middle Eastern autocrats and other authoritarians and illiberals have no credible response to notions of personal and political freedom, human rights and the rule of law.
As a result, they countered the ideational appeal of greater freedoms by going through the motions. They often maintained or erected democratic facades and payed lip service to democratic concepts while cloaking their repression in terms employed by the West like the fight against terrorism.
By surrendering the West’s ideological edge, Mr. Trump reduced the shaping of the new world order to a competition in which the power with the deeper pockets had the upper hand.
Former US national security advisor John Bolton admitted as much when he identified in late 2018 Africa as a new battleground and unveiled a new strategy focused on commercial ties, counterterrorism, and better-targeted U.S. foreign aid.
Said international affairs scholar Keren Yarhi-Milo: “The United States has already paid a significant price for Trump’s behaviour: the president is no longer considered the ultimate voice on foreign policy. Foreign leaders are turning elsewhere to gauge American intentions… With Trump’s reputation compromised, the price tag on U.S. deterrence, coercion, and reassurance has risen, along with the probability of miscalculation and inadvertent escalation.”
Trump’s effects on diplomacy
No longer has Trump’s haphazard behaviour persisted, more will be easy for his administration to enact actions against China, Iran and Taliban. The state department is in a quandary because of it, on each front. Trump’s entrenched eagerness to remain “great” and “first” on the chessboard of International power, could damage the world more ahead than before.
Following the Iran’s attacks on the Kingdom of Saudi-Arabia’s oil infrastructure, US wanted to deploy troops to the Kingdom. It is primarily a justification for why the US has been imposing sanctions over Iran. Is troops deployment a solution? Or will it provide safe horizon to Kingdom oil’s installation? Or will it be revolutionary in oil diplomacy? Or is it the only target retaliated on, by Iran. However, such kind of engagement has short term beneficiary spots, while in broader perspective it has consequential effects for all stakeholders. The episode of nuclear deal has, as a factor of quid-pro-quo, been further dramatised by the state department, withdrawing from. Notwithstanding, the deal has advantageous prospects for the Middle East, and an exemplary for rest of nations, has been further dramatised by the US, in order to seek its diplomatic wins. What significant at this point, is an agreement to reback to the deal.
Embracing a different economic model, China, is plausibly on a runner-up position to the US. Whether it’s 5G tech. Or leading status of green energy, or ultra-scales exports or its leading developments for the nations having indigent economies, is a source of chaos for US administration. The current trade war is an antidoting tool for the whole scenario. The US should, I assume, eye China’s hegemony a piece of cake, and welcome its come out while securing its interests under the umbrella of cooperation. This logic, while posing no threat, seems to be long term functional. Is it?
Trump, according to many native writers, is psychologically unfit, unstable and fickle, however have had strong narrative to prevent America’s engagement into “useless wars” and end “endless” wars. Following this token, Trump announcement of troop withdrawal from Syria and Afghanistan put the world politics and even his administration into chaos. This divided strategists and Washington security officials, which was underpinned by the resignation of James Mattis and recently John Bolton. The ten months of peace process which followed the US’s announcement of troop withdrawal, precipitously ended, putting once again the international and national politics into chaos. Trump, grandiloquently fired a tweet that talks with Taliban are dead and futile. The argument he contended was the Attack in Kabil, where one American soldier with 12 other people were lost. The policymakers and high officials in Washington who already negated the policy of troop withdrawal and then after peace deal. They, of course are winner in this policy discourse, have staunch beliefs in their opinion, who may make Trump’s change of heart. The Kabil attack was given, probably, an agent of resurgent for Obama’s approach. However, Trump’s administration had already scripted their policy framework for the region, and pretending Kabul attack was perhaps a way of redemption from the peace talk.
Trump’s factor in US foreign policy was chaotic to his subordinates for which, he attempted to compensate by cancelling peace deal with Taliban. However , on the domestic front, it is likely to be more pluses than on diplomatic front given to Trump in next year’s presidential election. Let’s see which side the wind blow.
Trump Cannot Be Impeached Over Ukrainegate, But Pelosi and Schiff Can Be Charged Criminally
Pursuant to United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), the U.S. Supreme Court issued an unmistakable clear edict concerning the foreign affairs powers of the President of the United States.
In its majority opinion, the Court held that the President, as the nation’s “sole organ” in international relations, is innately vested with significant powers over foreign affairs, far exceeding the powers permitted in domestic matters or accorded to the U.S. Congress.
The Court reasoned that these powers are implicit in the President’s constitutional role as commander-in-chief and head of the executive branch.
Curtiss-Wright was the first decision to establish that the President’s plenary power was independent of Congressional permission, and consequently it is credited with providing the legal precedent for further expansions of executive power in the foreign sphere.
In a 7–1 decision authored by Justice George Sutherland, the Supreme Court ruled that the U.S. government, through the President, is categorically allowed great foreign affairs powers independent of the U.S. Constitution, by declaring that “the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs are different, both in respect of their origin and their nature…the broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs.”
While the Constitution does not explicitly state that all ability to conduct foreign policy is vested in the President, the Court concluded that such power is nonetheless given implicitly, since the executive of a sovereign nation is, by its very nature, empowered to conduct foreign affairs.
The Court found “sufficient warrant for the broad discretion vested in the President to determine whether the enforcement of the statute will have a beneficial effect upon the reestablishment of peace in the affected countries.”
In other words, the President was better suited for determining which actions and policies best serve the nation’s interests abroad.
It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations – a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution.
Separation of Powers Doctrine
In other words, neither the U.S. Congress nor the U.S. Senate can say or do very much of anything to prevent or interfere with this power, and if they do, they can in fact be held responsible for violating the Separation of Powers doctrine pursuant to the U.S. Constitution wherein the three branches of government (executive, legislative, and judicial) are kept separate.
This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.
Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches.
The Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial Branch exercises judicial review.
National Security and Foreign Affairs
The Curtiss-Wright case established the broader principle of executive Presidential supremacy in national security and foreign affairs, one of the reasons advanced in the 1950s for the near success of the attempt to add the Bricker Amendment to the U.S. Constitution, which would have placed a “check” on said Presidential power by Congress, but that never passed, or became law.
If Speaker of the House Nancy Pelosi and other Democrats really wanted to interfere with or prevent President Donald Trump from engaging in the activity that they are trying to prevent vis-a-vis Ukraine, China, and Joseph Biden’s alleged corruption and its effect on National Security, they would have to first draft, propose, enact, and pass sweeping legislation, and this could take years and would most probably never pass.
Even so, it could not affect President Donald Trump’s actions already occurred, since the U.S. Constitution prohibits ex post facto criminal laws.
Turning This All Against Nancy Pelosi and Adam Schiff
To that end if Speaker of the House Nancy Pelosi and Congressman Adam Schiff persist in pushing said “impeachment proceedings” against President Donald Trump, it is actually they who could find themselves on the wrong side of the law, with formal and actual charges of Treason, Sedition or Coup D’ Etat being levied upon them by the U.S. Government.
The consequences of that occurring, are truly horrific indeed.
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