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Why President Trump Should Reform The Family Court System

Rahul D. Manchanda, Esq.

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Now that the Trump Administration has successfully prepared, filed and achieved historic criminal justice reform, something which his predecessors could not get done, or even made worse such as with Joe Biden and Bill Clinton’s cataclysmic Violent Crime Control and Law Enforcement Act of 1994 (“VCCLEA”) often referred to as the “1994 Crime Bill,” which illegally and unconstitutionally jailed or contributed to criminal records to 70 million Americans (more than the population of France), mass incarcerating 1/3 of all blacks, 1/6 of all latinos, and 1/10 of all whites in the United States, now is the time to also pass a comprehensive all encompassing family court reform act as well.

The American family court system is world famous for being one of the most cruel, catastrophic, abusive, arbitrary, and destructive forms of court ordered governance that the world has ever seen.

Rooted in such Hitlerian ideas such as “the best interests of the child” and “preventing domestic violence,” which seem noble and positive on the surface, unfortunately it is the only court system which removes all constitutional guarantees of individual human and civil rights, usually from the father, as soon as he steps into the “family court arena.”

The aforementioned Hitlerian concepts immediately subject a disfavored litigant of his/her 1st, 2nd, 4th, 5th, 6th, 8th and 13th Amendment Rights, within a closed “star chamber” court, without cameras or spectators allowed, completely and totally ripe for them to be plundered, abused, harassed, threatened, surveillanced, castigated, attacked, bankrupted, invaded and destroyed by all of the career members of this family court system – including the various “magistrates,” judges, court officers, law clerks, child protective service workers, court appointed attorneys and “forensic experts,” law guardians, and anyone else who can either make a buck or get even with one of the parties involved in fighting for his/her life, or that of their children.

It is no wonder that a great many conspiracy theories have emerged that to deposit someone within the family court system is tantamount to a slow motion assassination or torture chamber, wherein that targeted individual is slowly, methodically, and painfully destroyed over many years, sometimes decades, subjected over and over to repeated fear, bankruptcy, incarceration or detention, for crimes/transgressions that did not even exist before the family court even got involved.

And it’s all done in secret, not open to the general public, for the “best interests of the child” or to “protect people from domestic violence (even false allegations thereon).”

Orders of Protection (“OP”), depriving people of their life, liberty, property, children, or possessions are handed out like jelly beans, because no judge or magistrate of first impression wants to be in the newspaper just in case one of the allegations turns out to be true, but by the time a party is determined to be innocent of the allegations contained within the family offense petition forming the basis of the OP, that person’s life has already been irreparably ruined in almost every capacity.

To that end, the family court system must immediately be reformed, if not outright abolished, as follows:

(1) all judges/magistrates must be screened (and then screened again) for any links to extremist domestic or ideological groups or agents such as militant feminism, leftist organizations, racist organizations, socialist organizations, or any other groups which by nature and definition fly in the face of the United States Constitution guaranteeing equal due process rights for each and every one of their citizenry;

(2) no longer should judges or magistrates allow their law clerks or staff to write their judicial opinions – too many times a “life and death” judicial opinion governing a family, children, or domestic partnership is written in near “chicken scratch” without any basis in law or fact, merely on emotion, gut instinct, and personal prejudice, by an untrained individual with no background in the law or the constitution, resulting in complete destruction of their targets for arbitrary and capricious reasons;

(3) orders of protection can not and should not issue as a matter of right – more emphasis needs to be placed on completely and totally evaluating and gauging the imminent threat and seriousness of both the charges (and the evidence) before these are allowed to be issued, which are also unfortunately registered with the federal government law enforcement agencies as well as with the states and local enforcement agencies;

(4) more emphasis needs to be placed on family mediation, arbitration, and even counseling services for domestic partners, husbands and wives to “stay together” for the best interests of the child, if at all feasible and possible, rather than right from the beginning arming both sides to the teeth with legal and equitable weapons of mass destruction designed to mimic a gladiatorial combat, rather than a very sad and sorry state of affairs facing this very vulnerable and disoriented family;

(5) Fathers and Mothers must be treated equally under the law and their children need to be considered a part of both in complete and total equality – the sad cultural norm that pervades the family court system, that somehow, “women and mothers” are always right and are all powerful, with men and fathers having little to no rights whatsoever, needs to change, and change immediately, as this outright discrimination against men is a direct hit and assault on the very words and meaning of the United States Constitution, and undermines the very basis and spirit of the United States of America, and what our Founding Fathers and their legacies within the U.S. Armed Forces fought and died for, decade after decade, since the country’s inception;

(6) Court Officers need to be trained not only in overall court security, but also in common decency and sensitivity as their characteristic “jack booted thug” approach irreparably and for life traumatizes children, families, parents, their lawyers and litigants in the entire family court process;

(7) any indication that one parent is actively interfering with the rights of another parent with regard to visitation, custody, relationship with their own children should be duly noted and punished with extreme prejudice – parental alienation also needs to become a topic covered by child protective service workers and not ignored or covered up like is currently the case now in the family court arena – children are extremely impressionable and sensitive and like to ingratiate themselves to the parent where they feel most safe – and if one parents is alienating or cutting off the other, then that is grounds to change custody immediately;

(8) favoritism within the family court system should be identified and eradicated immediately upon discovery – this reflects the sentiments expressed in Point 1 above, wherein certain litigants in the family court system are allied with the presiding judge or magistrate on purely political, ideological, sexual, financial, ethnic, or other grounds, and then benefit enormously when it comes to case adjudication or decisions handed down from the bench (or from their law clerks/paralegals/forensic experts/court personnel);

(9) the federal government and law enforcement must readily step in whenever and wherever these types of problems arise – currently the position of the federal law enforcement agencies reflect a sentiment that “they do not like to get involved in current court proceedings” but this type of mentality encourages corruption, favoritism, child trafficking, child abuse, parental alienation, contributes to crime, and other social ills/aberrations, and can no longer be tolerated any more;

(10) similarly, appellate and federal courts should no longer outright reject appeals for justice from targeted litigants currently wrestling with a corrupt out of control family court star chamber – and it is not fair or moral that corrupt judges, magistrates, law clerks, and court personnel can claim “sovereign immunity” and thus be insulated from accountability, and then be defended by States Attorneys General and the awesome power and limitless purse of the State, when they commit crimes against children and families.

In short, the American Family Court System, like the Criminal Justice System, needs to be reformed, and reformed now, as it is a National Security issue to preserve and protect the integrity, strength and sanctity of the nuclear family unit.

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Future of BRICS: BRAXIT or ‘Power Next’?

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The club of emerging political and economic powers of Brazil, Russia, India, China, and South Africa in response to new global challenges is famously known as BRICS. Since its inception in 2006, it has been a platform to highlight the prominence of multi-polar world order challenging the collision of G-7 members. These five countries account for 20 percent of world GDP and 40% of the world population. Further, they hold 40 percent of gold and hard currency reserves. Being collectively the largest market, their cumulative GDP has tripled in the last ten years.

With the president of Brazil, Jair Bolsonaro on 28th October 2018, many are skeptical about the future of the BRICS as he comes from the far-rightwing camp which seems to be antagonistic to the BRICS. Brazil is the most populous nation in South America with the world’s eighth-largest economy of the world. Bolsonaro wants Brazil to be great as Trump wants America to be great. Even during Bolsonaro’s campaign period, he has reiterated that his foreign policy would be changed from his precursor. Further, he is a follower of conservative Christianity who profoundly believes in restoring Judeo-Christian tradition against communism.

With this scenario, the future of BRICS has been subjected to controversial as to Jair Bolsonaro would lead Brazil to exit the BRICS moving towards the pro-western camp. Another argues that this collision would last long due to their close trade relations. 

The Origin of BRICS

In 2001 the term BRIC was firstly coined by Jim O’Neill, a British economist in a paper written for ‘Global Economic Paper’ of Goldman Sachs using the acronym stands for Brazil, Russia, India, and China. The first summit was held in 2009 at Yekaterinburg, Russia emphasizing the need of reformations to be made to the international financial institutions. In 2011, South Africa became a member of this group at the third Summit held at Sanaya, China making BRIC into BRICS. The primary purpose of BRICS is to broaden the cooperation among members and enhances the support for multipolar world order. It is mainly an indication of the movement of world power from the west to the South.  Since the inception BRICS conducts its annual summit of heads of the states to youth forums though the members don’t have their own permanent executive body or a secretariat.

Functions of BRICS

Two main functions of the BRICS are, to 1) liaise with meetings and international organizations such as IMF and G-20 Grouping and to 2) design a framework for BRICS members for multi-sectoral cooperation. Today it covers more than 30 sectors including agriculture, science and technology, culture, outer space, think tanks, Internet governance and security, social welfare, intellectual property, health, and tourism.  The forum called BRICS Business Council promotes and strengthens business, trade and investment ties amongst the business communities of the members. Think Tank Council formulates long term economic strategies of the members.

Further initiatives have been made for establishing New Development Bank (NDB) to finance the infrastructure projects in emerging economies and developing countries and also for entering into Contingent Reserves Arrangement (CRA) to promote mutual support among the members in situations of instability in the balance of payments. Demands have also been made to reformulate the IMF but, they were not yet successive because of the resistance caused by the Western power. Moreover, the BRICS are open to cooperation and constructive engagement with other countries, as well as open with international and regional organizations in dealing with current global issues.

Despite this, one of the vital political demands that the BRICS has made to the United Nations Organization is to expand the number of members of the Security Council covering the BRICS members and making decisions of the UNO more democratic and accountable. This shows the importance of BRICS to balance the prevailing world order and also to voice for the global south in international relations.

Challenges Ahead

However, as it is mentioned the foreign policy of Bolsonaro is opposite to the leftist approach which was a blessing to accelerate the activities of BRICS. It is more similar to the protectionist approach followed by the US President, Trump. Once, Bolsonaro said at a press conference as “It is about aiming for a great Brazil like that – the way Trump wants America to be great”. This approach is contrary to the joint statement made at the 2nd summit of the heads of the states held at Brazil where the members pledged to resist all forms of protectionism and fight disguised restrictions on trade. Further, criticisms made concerning multilateralism and pulling out Brazil from Global Compact for Migration also support Bolsonaro’s protectionist approach. With respect to the crisis in Venezuela, Bolsonaro supporting the USA rejects Nicolas Maduro as the duly elected President, while all other BRICS members accept Maduro as democratically elected president.
Moreover, distant relations between China and Brazil also a reason to make BRICS in a more controversial position.  With the Xi Jinping’s rise in China from 2013, China took the leadership of the BRICS group and proposals were made at the Fortaleza Summit in 2014 to establish NDB to mobilize resources for infrastructure and sustainable development projects in BRICS and other emerging economies, as well as in developing countries. However, Bolsonaro’s far right and anti-communist ideology is contrary to fundamental policies of China. His early visit to Taiwan and South Korea and China’s reaction on his visit has greatly influenced on assuming Bolsonaro would choose between BRICS and OECD members.

 Nonetheless, since 2009 China is the top trading partner of Brazil and on the other hand export of soy to China from Brazil is as crucial as the arrival of Chinese investment into Brazil. According to a recent study carried by the Started Charted Bank, China will become the largest economy of the world in 2020. Hence, though there is much ideological dissimilarity, both the countries are dependent on each other concerning their trade relations.

Conclusion

If Bolsonaro is more driven by his far-right ideology than by pragmatism, he will not deal closely with the BRICS members. However, it is difficult to assume that he will abandon this BRICS group as Brazil is highly dependent on Chinese imports. It would be challenging for him to dramatically shift in his trade relations having with China and also with Russia. More importantly, in the middle of this year, it is Brazil’s turn to host the BRICS summit of 2019. Though there are no valid reasons for BRAXIT, i.e. for Brazil to exit from BRICS, Brazil would not be an active player in BRICS making BRICS into the most powerful allies of the South as it happened during LuizInácio Lula da Silva’s tenure. Skepticism arose even when Narendra Modi appointed as Prime-Minister in India coming from the far right wing that how BRICS is going to maintain cooperation among members with the rivalry between India and Russia. Further, Brazil was not prominent in BRICS during his predecessors Dilma Rousseff and Michel Temer’s period. Conversely, it’s not only stance of Brazil has been changed even China doesn’t seem to be willing to invest much on the BRICS as in the past. As Lord Palmerston once stated, “in international relations, there is no eternal allies and no perpetual enemies. Only the interests are eternal and perpetual”. Hence, BRAXIT seems to be far away than we assume.

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Sanders will criticize Trump

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Of course, during the upcoming presidential elections in the United States, there will be a lot of criticism from the White House and the U.S. president. This is a matter of great concern to Donald Trump. On the other hand, Democratic Party elections will begin shortly. The common point of all candidates for this election is criticism of Trump’s policies.

Bernie Sanders, the old American senator, and one of Democratic nominees for the 2020 presidential election, continues to oppose U.S. President Donald Trump. This confrontation started at the time Trump entered the White House (by early 2017). Sanders called for an end to Washington’s support for Riyadh in the Yemeni war. Sanders also condemned Trump’s stance on the murder of Jamal Khashoggi. At any rate, Sanders’s recent position against Trump has led to the U.S. President’s concerns.

Sen. Bernie Sanders says it would be an “impeachable offense” if President Trump were to fire Robert Mueller the special counsel leading the federal probe into ties between Trump campaign associates and Russia.

“I’ve been very reluctant to talk about impeachment until we have all the information coming in from the investigation. But that would be a major, major, major obstruction of justice. That would be an impeachable offense in my view,” Sanders said in an interview for The Intercept’s newly launched podcast “Deconstructed” released Friday.

In his tweet, Sanders was referring Jeff Sessions, Trump’s Justice Minister, and his forced resignation. Trump fired Attorney General Jeff Sessions, replacing him with a loyalist who has echoed the president’s complaints about the special counsel investigation into Russia’s election interference and will now take charge of the inquiry.

Among all Democrat candidates, Sanders has a lot of motivation to challenge the trump!The fact is, according to polls conducted in 2016, Sanders had a much greater chance of winning the U.S. presidential elections. Many Democratic voters believed that Sanders could have an important role in regulating power in America as a symbol of change in the United States. Although such an idea was wrong due to the political structure in the U.S., it was, however, strongly accepted by some Democrat supporters.

 On the other hand, Hillary Clinton, the Democratic candidate who was supported by her husband, Bill Clinton, and many influential figures in the party, managed to defeat Sanders with her secret lobbies, and went to fight Trump as Democrats’ final candidate. Anyhow, if Sanders were to reach the final round of the 2016 presidential competitions, he could have defeated Trump and enter the White House. Sanders, however, was the victim of Democrat leaders and Hillary Clinton’s secret lobbies. It was not without a reason that many Sanders advocates voted for Hillary Clinton’s rival, Donald Trump!

Ultimately, the tensions between Trump and Sanders in the U.S. presidential election of 2020 will be of great interest to many Americans. If the Sanders win in the Democratic Party, this conflict will become more intense and more serious. A topic that the president of the United States and his entourage are scared of.

First published in our partner Tehran Times

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The collapse of American empire is a warning to Europe

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The wars in Iraq, Syria, Yemen and threats and violence against Latin America, and imposition of sanctions on various nations, all can deface the United States and its unpopular policy in the international community, set to protect U.S. financial institutions.

Although the U.S. empire has already begun to crumble, U.S. President Donald Trump’s policy has sped the process. The wrong policy of the U.S. administrations has brought the nations to stand against the U.S. led-world order.

The U.S. has turned into the biggest threat to world peace with its duel policies, violence in Iraq, Libya, Syria, and Yemen, and support for Saudi Arabia and Israel. Obviously, the “regime change” in Venezuela, on the pretext of democracy, is nothing but a cover-up in the U.S. policy to seize Venezuela’s oil reserves.

 American democracy means supporting U.S. foreign policy, privatization of public infrastructure, non-compliance with domestic laws and compliance with U.S.-dominated global institutions. Decades of war and U.S. military intervention, have brought nothing but violence, killing, and destruction on planet earth.  

To the U.S., a country is considered democratic that follows its leadership such as Israel and Saudi Arabia, otherwise, that country is non-democratic and a foe. This policy is challenged by states like Iran, Russia, China, Venezuela and others which don’t bow down to Washington’s policy and seek to defend their own national interest.

Any international control system requires the rule of law to mediate in the world challenges.  However, U.S. diplomacy contradicts international law. The American diplomats claim their better judgment on the world allows other nations to adopt a more prosperous lifestyle, and they don’t allow the intervention of international laws in the U.S. policy and diplomatic system. 

The U.S. has the “power of veto” in the United Nations that enables Washington to prevent the adoption of any “substantive” resolution. In the World Bank and International Monetary Fund (IMF), they can easily veto any policy or loan. Without such powers, no international organization will join the United States.

Without having the power of veto, the U.S. doesn’t recognize the verdict of and authorities in the international court of Justice. If sentences issued by The Hague Court oppose the U.S. policy, they will be considered inadmissible to the U.S. For example, the verdicts issued on U.S. war crimes in Iran and Afghanistan, human rights abuse, and illegal sanctions are not recognized by Washington. 

In September of last year, Trump National Security Advisor John Bolton, a hawkish politician, strongly criticized the International Criminal Court and said, “The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”

Senior judge Christoph Flugge from Germany resigned from one of the UN’s international courts in The Hague in objection to the U.S. that had threatened judges after moves were made to examine the conduct of U.S. soldiers in Afghanistan. 

Bolton vowed that the United States would retaliate by banning ICC judges and prosecutors from entering the U.S., imposing sanctions on any funds they had in the States and prosecuting them in the American court system. “If the court comes after us, Israel, or other U.S. allies we will not sit quietly,” he said, also threatening to impose the same sanctions on any country that aided the investigation. Bolton held a speech last September in which he wished death on the international criminal court. “We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead.”

The central banks of states have long maintained their gold and other monetary reserves in the U.S. and UK. Perhaps the approach seemed logical in 1945; however, the U.S. and UK orchestrated 1953 coup d’état against Mohammad Mosaddegh, Iran’s prime minister, who nationalized Iran’s oil, and the Iranian revolution of 1979 which led to overthrow of the Shah, the American courts blocked Iran’s assets in the U.S. The movements showed that the IMF is an arm of the U.S. Department of State and the Pentagon. In today’s global politics, international finance and foreign investment have become leverage against nations who won’t bow down to U..S policies.

Lately, foreign countries are apprehensive about their gold holdings in the U.S. They know full well that their assets can be blocked unilaterally by the U.S. if Washington’s interests are threatened. That is why in 2017, Germany decided to repatriate half of its gold reserves from the U.S. The U.S. authorities have considered the act an insult to their own civilized state. 

Now, it’s Venezuela’s turn. The country called on the Bank of England to return $1.2 billion of its reserved gold to repair the economy, which has been hurting by the American sanctions.

The Bank of England, however, froze Venezuelan gold asset following Mike Pompeo United States Secretary of State and Bolton’s instruction. Bloomberg wrote that the U.S. handed control of Venezuela’s bank accounts in the U.S. to the opposition leader Juan Guaido to have a better chance to control the self-claimed government. 

In late January, a rumor broke out that a Russian Boeing 777 that had landed in Caracas to spirit away 20 tons of gold from the vaults of the country’s central bank, amounting to $840 million in return for food and medicine. Although Moscow rejected the report, the Nicolás Maduro government has the right to purchase food for the Venezuelans who are under brutal U.S. sanctions by the country’s gold reserve. U.S. Senator Marco Rubio called the act “stealing money” as if Maduro is a criminal for trying to reduce the pressure of U.S. unfair sanctions against his people.  

The European countries, too, have to abide by the U.S. policy, otherwise, they will be threatened to sanctions. For instance, if the European Union wishes to remain committed to the Iran deal, it will have to surrender to the U.S. pressure and sanctions. European states have realized that Bolton and Pompeo’s threats can lead to confiscation of their assets by the U.S.  

The U.S. threats are not merely military but a cyber-attack is a way of confronting an enemy and crashing its economy. The main cyber money transfer is led by Society for Worldwide Interbank Financial Telecommunication (SWIFT) which is based in Belgium. Some countries are developing an alternative money transfer system to protect themselves against U.S. threats.
 
In late January, Germany, France, and England launched INSTEX, a trade tool to counter U.S. sanctions in support of trade with Iran and other countries. Although for Iran, INSTEX is nothing but a similar U.S. humanitarian aid to Venezuela, for Europe it may be a way out of U.S. opposition to transporting Russian gas from Nord Stream to the European continent.

The U.S. energy official warned European official of the risk posed by relying too heavily on Russia’s cheap gas and offered plans to sell America’s liquid natural gas (LNG) at a higher price to Europe through ports, which don’t exist for high volume yet. Trump stresses The North Atlantic Treaty Organization (NATO) members spend two percent of its gross domestic product (GDP) on weapons, preferably from the U.S. and not German or French.
 
It seems the IMF is administered from the Pentagon in Washington. Undoubtedly, Europe is aware of losing its international financial ties.
At the funeral of George H. W. Bush, EU diplomats were at the bottom of the list of candidates to sit in their seats; the United States no longer considers the European Union as a credible entity.
 In December, Mike Pompeo delivered a speech on Europe in Brussels, in which he admired the virtues of nationalism, criticized multilateralism and the European Union, and said that “international institutions” that dominated national sovereignty “must be corrected or deleted. 

On Twitter, Pompeo says with a mockery: “Europe was an enemy of Europe. But it was Germany in World Wars 1 and 2. How did that work out for France? They were starting to learn German in Paris before the U.S. came along. Pay for NATO or not!”
The idea of creating a European army has been discussed in the European Union. The initial offer was from Germany, and then Macron in the commemoration of the centennial of the end of the First World War in France.

Sigmar Gabriel, former foreign minister of Germany, said in February 2018 at the Foreign Policy Forum in Berlin “that it’s time for Germany and Europe to put their agenda on the agenda because the United States no longer sees the world as a global community or shared interests.

French President Charles de Gaulle long ago believed that no nation could be considered an independent state and ordered the withdrawal of France from the North Atlantic Treaty Organization in 1996.

Europe is at risk and knows it too, but it doesn’t have many options ahead. It has to choose either to use the historic opportunity to gain political, and economic independence, or give in to U.S. policy while it awaits the fall of U.S. which will jeopardize its economic and political future. 

First published in our partner Tehran Times

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