In the July 16th joint press conference between U.S. President Donald Trump and Russian President Vladimir Putin, the question arose of U.S. Special Counsel Robert Mueller’s recent indictment of 12 Russian intelligence officials for allegedly having engineered the theft of computer files from the Democratic National Committee and from John Podesta, Hillary Clinton’s campaign chairman. Here is that part of the press conference, in a question that was addressed to both Presidents (and I boldface here the key end part of Putin’s presentation, and then I proceed to link to two articles which link to the evidence — the actual documents — that Putin is referring to in his response):
REPORTER (Jeff Mason from Reuters): For President Putin if I could follow up as well. Why should Americans and why should President Trump believe your statement that Russia did not intervene in the 2016 election given the evidence that US Intelligence agencies have provided? Will you consider extraditing the 12 Russian officials that were indicted last week by a US Grand jury.
TRUMP: Well I’m going to let the president [meaning Putin] answer the second part of that question.
As you know, the concept of that came up perhaps a little before, but it came out as a reason why the Democrats lost an election, which frankly, they should have been able to win, because the electoral college is much more advantageous for Democrats, as you know, than it is to Republicans.
[That allegation from Trump is unsupported, and could well be false.] We won the electoral college by a lot. 306 to 223, I believe. [It was actually 304 to 227.] That was a well-fought battle. We did a great job.
Frankly, I’m going to let the president speak to the second part of your question. But, just to say it one time again and I say it all the time, there was no collusion. I didn’t know the president. There was nobody to collude with. There was no collusion with the campaign. Every time you hear all of these 12 and 14 — it’s stuff that has nothing to do — and frankly, they admit, these are not people involved in the campaign. But to the average reader out there, they are saying, well maybe that does. It doesn’t. Even the people involved, some perhaps told mis-stories. In one case the FBI said there was no lie. There was no lie. Somebody else said there was. We ran a brilliant campaign. And that’s why I’m president. Thank you.
PUTIN: As to who is to be believed, who is not to be believed: you can trust no one. Where did you get this idea that President Trump trusts me or I trust him? He defends the interests of the United States of America and I do defend the interests of the Russian Federation. We do have interests that are common. We are looking for points of contact.
There are issues where our postures diverge and we are looking for ways to reconcile our differences, how to make our effort more meaningful. We should not proceed from the immediate political interests that guide certain political powers in our countries. We should be guided by facts. Could you name a single fact that would definitively prove the collusion? This is utter nonsense — just like the president recently mentioned. Yes, the public at large in the United States had a certain perceived opinion of the candidates during the campaign. But there’s nothing particularly extraordinary about it. That’s the normal thing.
President Trump, when he was a candidate, he mentioned the need to restore the Russia/US relationship, and it’s clear that certain parts of American society felt sympathetic about it and different people could express their sympathy in different ways. Isn’t that natural? Isn’t it natural to be sympathetic towards a person who is willing to restore the relationship with our country, who wants to work with us?
We heard the accusations about it. As far as I know, this company hired American lawyers and the accusations doesn’t have a fighting chance in the American courts. There’s no evidence when it comes to the actual facts. So we have to be guided by facts, not by rumors.
Now, let’s get back to the issue of this 12 alleged intelligence officers of Russia. I don’t know the full extent of the situation. But President Trump mentioned this issue. I will look into it.
So far, I can say the following. Things that are off the top of my head. We have an existing agreement between the United States of America and the Russian Federation, an existing treaty that dates back to 1999. The mutual assistance on criminal cases. This treaty is in full effect. It works quite efficiently. On average, we initiate about 100, 150 criminal cases upon request from foreign states.
For instance, the last year, there was one extradition case upon the request sent by the United States. This treaty has specific legal procedures we can offer. The appropriate commission headed by Special Attorney Mueller, he can use this treaty as a solid foundation and send a formal, official request to us so that we could interrogate, hold questioning of these individuals who he believes are privy to some crimes. Our enforcement are perfectly able to do this questioning and send the appropriate materials to the United States. Moreover, we can meet you halfway. We can make another step. We can actually permit representatives of the United States, including the members of this very commission headed by Mr. Mueller, we can let them into the country. They can be present at questioning.
In this case, there’s another condition. This kind of effort should be mutual one. Then we would expect that the Americans would reciprocate. They would question officials, including the officers of law enforcement and intelligence services of the United States whom we believe have something to do with illegal actions on the territory of Russia. And we have to request the presence of our law enforcement.
For instance, we can bring up Mr. Browder in this particular case. Business associates of Mr. Browder have earned over $1.5 billion in Russia. They never paid any taxes. Neither in Russia nor in the United States. Yet, the money escapes the country. They were transferred to the United States. They sent huge amount of money, $400 million as a contribution to the campaign of Hillary Clinton.
[He presents no evidence to back up that $400 million claim.] Well, that’s their personal case. It might have been legal, the contribution itself. But the way the money was earned was illegal. We have solid reason to believe that some intelligence officers guided these transactions. [This allegation, too, is merely an unsupported assertion here.] So we have an interest of questioning them. That could be a first step. We can also extend it. There are many options. They all can be found in an appropriate legal framework.
REPORTER (Jeff Mason from Reuters): Did you direct any of your officials to help him [Trump] do that [find those ‘options’]?
PUTIN: Yes, I did. Yes, I did. Because he talked about bringing the US/Russia relationship back to normal.
The evidence regarding that entire matter, of Bill Browder and the Magnitsky Act, can be seen in the links and the other evidences that are presented in two articles that I published on that very subject, earlier this year. One, titled “Private Investigations Find America’s Magnitsky Act to Be Based on Frauds”, summarizes the independently done private investigations into the evidence that is publicly available online regarding Bill Browder and the Magnitsky Act. The Magnitsky Act was the basis for the first set of economic sanctions against Russia, and were instituted in 2012; so, this concerns the start of the restoration of the Cold War (without the communism etc. that were allegedly the basis of Cold War I). The other article, “Russiagate-Trump Gets Solved by Giant of American Investigative Journalism”, provides further details in the evidence, and connects both the Magnitsky Act and Bill Browder to the reason why, on 9 June 2016, the Russian lawyer Nataliya Veselnitskaya, met privately at Trump Tower, with Donald Trump Jr., Paul Manafort, and Jared Kushner — the reason was specifically in order to inform them about the documentation on this case, so that Trump, if elected, would be aware of the contents of those documents. She had used the promise of dirt on Hillary so as to enable Trump, who effectively became the Republican nominee on 26 May 2016, to learn about the actual documents in this crucial case.
The Russian government has been legally pursuing Mr. Browder, for years, on charges that he evaded paying $232 million taxes that were due to the Russian government. These private investigations into this matter — regarding whether or not the Magnitsky Act was based on fraudulent grounds — have all found that Mr. Browder has clearly falsified and misrepresented the actual documents, which are linked to in those two articles I wrote. These might be the very same documents that she was presenting on June 9th.
So: this is a matter of importance not only to the validity (or not) of the Magnitsky Act economic sanctions against Russia, but to the Russiagate accusations regarding U.S. President Donald Trump. In my two articles, the general public can click right through to the evidence on the Magnitsky case.
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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