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Things Fall Apart; The Centre Cannot Hold….

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Core  legal arguments to preserve, protect and defend the United States from the presidency of Donald J. Trump

 Whatever the still-expanding bill of particulars, Donald Trump’s principles of governance remain crudely defiling  in their entirety.Most worrisome, though ignored or merely under-emphasized in current oversight considerations, are prospectively existential harms. In essence, increasingly, this president could sometime wrongly propel the United States toward a catastrophic war. Whether suddenly and disjointedly, as the result of bolt-from-the-blue strategic misjudgment, or more gradually, and in harder to detect increments of  provocation, Mr. Trump – by fiat – could unravel whole generations of US national security preparations. For recent examples, one need only consider: (1) belligerent North Korean nuclearization is accelerating; (2) retreating ISIS fighters in Syria are being recruited into newly-organized al Qaeda or related terror units; (3) Iran no longer feels itself bound by formal constraints that had earlier been operative as the core of a multilateral legal agreement (JCPOA); and (4) Russian President Vladimir Putin is embarked upon a major expansion of national nuclear warfare capabilities. All this is happening while the American president retreats unconcernedly to his manicured golf courses in Palm Beach and elsewhere. Even at its imaginable “best,” an ongoing Trump presidency could place a once justice-centered country on the same side as the world’s most conspicuously anti-democratic regimes. In very little time,  such Trump-led United States regressions could effectively forfeit America’s most hallowed and  well-reasoned legal foundations. These “peremptory” legal foundations lie embedded in Natural Law,[i] an immutable and dignifying set of rules that apply (by definition) (a) to absolutely all peoples; and (b) for absolutely all time.

 When the celebrated Irish poet William Butler Yeats penned “The Second Coming,”[ii] he did not have United States Constitutional law issues in mind. Nonetheless, Yeats’ famously-crafted warnings about “passionate intensity” and  “blood-dimmed tide” should now have a distinctly palpable resonance in American politics. How could they not?

To explain further, a proper inquiry must begin with US President Donald Trump and now urgently-needed remedies to his multiple and steadily-expanding derogations. Significantly, some of these prospective remedies lie latent but dormant in the American nation’s core legal principles. These principles, in turn, will need to be taken more seriously by everyone who might still value a justice-based United States.

How to proceed? There are several possible ingredients to a proper and suitably promising inquiry. Markedly less obvious than codified articles of the US Constitution, these ingredients begin with various critical concepts, including the scientific property known correctly as “synergy.”

In medicine. engineering and military planning,  just to supply helpful examples, synergy denotes an outcome (whether foreseen or unforeseen) wherein  the “whole” of any purposefully examined combination is measurably greater than the calculable sum of its “parts.”

 Today, though generally ignored in ordinary political assessments, this term can be used to help predict and understand how certain personal traits of America’s incumbent president could combine in expressly ominous ways. Though more-or-less unexpected, such “force-multiplying” combinations could substantially degrade US foreign and national security policies, perhaps even to the point of an imminent  nuclear war. Arguably, a plainly synergistic combination of presidential anti-intellectualism and historical illiteracy is already dragging the United States toward irretrievable decline.

The relevant reasons here are not indecipherable.

Unhidden, America’s current president inhabits his alleged convictions like a dizzying predator, like a bewildered worm in the fruit.

His faith, such as it is, serves only for justifications of personal and collective belligerence; that is, as a transparent pretext for ritualized Twitter convulsions.

There is more. Recall that this is an American president who “loves the poorly educated” and  prefers the viscerally rhythmic  chanting of “rally”  crowds (the  “base”) to absolutely any intellectual or scientific exertions.

In essence, Donald Trump is an American president who abjures any conceivably recognizable process of disciplined thought, and who does so with incomprehensible pride.

Always, rather than be persuaded to read or think seriously, Donald Trump prefers to erupt.

Why be surprised?

“Intellect rots the brain,” warned Third Reich Propaganda Minister Joseph Goebbels.

“I love the poorly educated,” bragged presidential candidate Donald Trump in 2016.

In principle, at least, certain plausible synergies between the personal traits of US President Donald Trump (i.e., intra-personal interactions) could produce devastating consequences. More precisely, these cumulative interactions could sometime portend an insufferable nadir of national declension, a literal or tangible point of “no return.”

How shall all this be fixed, at least those particular derelictions that have discernibly legal content? Among other things, capable legal scholarship is sorely required. But how exactly should such needed scholarship be launched most effectively? In its apparent and presumptively well-justified considerations of proper impeachment options, the US House of Representatives must first agree to rank order this country’s national security obligations where they rightfully belong.

 This is a position ahead of any and all other possible authoritative considerations.

This reveals an obvious and not unreasonable  citizen expectation.

 No proposed hierarchy could imaginably be more important, especially when there are well-founded concerns for avoiding crises in extremis atomicum.

  Ever.

To proceed, the mainstream of any legitimate presidential removal preparations must focus continuously on the (1) codified and presumptively better-known “High Crimes and Misdemeanors” expectations of the US Constitution;[1]and  (2) various overlapping provisions of US statutory law. Certain other less readily recognizable legal obligations could also be needed. Once capably prepared with this strategic and jurisprudential background more clearly in mind, Members of Congress could best identify and evaluate permissible grounds for protecting an increasingly imperiled American democracy.

To preserve a nation moving ominously toward the precipice, it’s not really too much to ask.

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Though lesser known, there exist several “peremptory”[i] principles of jurisprudence that could prove applicable to seriously conceived impeachment motions. These relatively esoteric but still valid principles concern the Higher Law underpinnings of the United States. Such basic expectations represent vital national security principles that together could help protect Americans from presidentially-inflicted further harms. 

Again, recalling the expanding nuclear weapons context of world politics, such harms could at some point display patently existential qualities.

Here, pertinent issues are primarily legal in both nature and form. In relevant jurisprudential terms, we must begin at the beginning. Remembering the celebrated jurist A.P. d’ Entrevesclassic text on Natural Law (Oxford University Press, 1951): “The Natural Law (Higher Law) is absolutely binding, and overrules all other laws.”  From the standpoint of a still-to-be considered impeachment strategy, this recollection could point the way to much more usefully broad bases for any US presidential removal.

Soon, a critical  and  overarching question should  be brought to the floor at the US House of Representatives. How can such a peremptory or “jus cogens” declaration be effectively operationalized in any prospective presidential impeachment action? The comprehensive essay that follows represents a jurisprudentially-informed response to this most rudimentary and already indispensable query.

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 “In the beginning….”  For the United States, the principle of a Higher Law has always been more than just “any principle.”  It is  unmistakably one of the most enduring and canonic principles in the country’s acknowledged legal foundation.[ii] Revealed, inter alia, in both the Declaration of Independence and in the Constitution,[iii] it rests solidly and incontrovertibly upon the willing acceptance of  right and justice for their own sake. 

For the United States, considerations of right and justice have never been narrowly instrumental. On the contrary, they have always remained unwavering and meaningfully determinative.

Such  foundational principles, as famed 18th century jurist William Blackstone once declared,[iv] represent nothing less than “the eternal, immutable laws of good and evil, to which the creator himself in all his dispensations conforms; and which he has enabled human reason to discover so far as they are necessary for the conduct of human actions.”[v]

Plainly, Thomas Jefferson was a learned US president, even at a time when laborious study was vastly more complicated and difficult than it is today. When Jefferson – without benefit of electric light, air conditioning, central heating, computers or even a manual typewriter – set to work on the Declaration, he drew productively upon Aristotle, Cicero, Grotius, Vattel, Pufendorf, Burlamaqui, and  most prominently – John Locke (Second Treatise of Government).[vi] Asserting the right of revolution whenever government becomes destructive of “certain unalienable rights,”[vii] the Declaration of Independence posits a discernible natural order in the world, one whose irreducible laws are external to human will and remain eternally discoverable through staunchly determined applications of human reason.[viii] 

 Although, by the eighteenth century, God had been “withdrawn” from any immediate philosophical contact with humankind , and had been transformed into the Final Cause or Prime Mover of the universe, “nature” still remained available as a convenient and capable substitute.[ix]  

There is much more. Reflecting the unique influence of Isaac Newton, whose Principia was first published in 1686, all of creation could now be taken as a recognizable expression of divine will.[x]   Reciprocally, however, the only true way to ever truly “know” this original will of God was to first discover the underlying and eternal Law of Nature.

 In essence, Locke and Jefferson had deified nature and “denatured” God.[xi]

But what exactly was this purported “Law of Nature,” a basic law that is accepted in the Declaration and Constitution as a continuously binding set of obligatory norms, and which could still pertain  to a present-day American president? Above all, Jefferson learned from Locke, such law was a necessary source of Reason:  Still more exactly, according to Locke’s Second Treatise:

The state of nature has a law to govern it, which obliges every one:  and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions….

In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men….

A criminal, who having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjust violence and slaughter he hath committed on one, declared war against all mankind.[xii]

As reason is the only sure guide to what God has given to humankind, it must inevitably become the only reliable foundation of true law.  This Lockean and Jeffersonian idea of a transcendent or Higher Law is made manifest not only in the Declaration of Independence, but also in the Constitution.[xiii] Inter alia, the Ninth Amendment, in stipulating that “the enumeration of certain rights in this Constitution shall not prejudice other rights not so enumerated,”[xiv] reflects codified belief in a perpetual law that is justly superior to any expressed will of human governance.

This vital conviction runs continuously from ancient times, especially traditional Jewish Law,[xv] up to the present intellectually detached “Trumpian moment.” The evident roots of such a prospectively lethal detachment lie in a broadly cast indifference to anything based upon Reason and a more person-specific indifference to history. What ought we ever really expect from a president who unambiguously prefers “attitude” to “preparation?”

There is still more. The Fragments of Heraclitus attest to the venerable antiquity of a Higher Law: “For all human laws are nourished by one, which is divine.  For it governs as far as it will, and is sufficient for all, and more than enough.”[xvi]   Such Heraclitean dicta, offered somewhere around 500 B.C.E., entered easily into later Stoic philosophy and already described a universal and expectedly rational body of human law. Hard as it may be to imagine amid American politics in 2019, this intellectual corpus  was familiar to many of the Founding Fathers.

Those people actually read books, serious books.

In 442 B.C.E., Sophocles clarified the idea of true law as an act of discovery, thus challenging the superiority of human rule-making in Antigone.[xvii] Already exploring the inevitable conflicts between claims of the state and those of individual conscience, this classic challenge has since been taken to represent the supremacy of a proper Higher Law overall man-made law – now an incontestable supremacy. Later, in the nineteenth century, American Transcendentalist philosopher Henry David Thoreau, noting that men live with “too passive a regard for the moral laws,”[xviii]  cited directly to Antigone as a stirring example of “civil disobedience.” Still later, in these United States, the derivative legal and ethical conclusions of Antigone were learned and conceptually embraced by Martin Luther King.

The authority of Natural Law has a well-defined history in American society and politics. Ipso facto, it is not “merely” a pompous invention of certain interested philosophers and university professors. Or in more lay-person parlance, Natural Law already “has legs.”

 But back to the philosophers. Building upon Plato’s theory of Ideas,[xix] which sought to elevate “nature” from the distressingly transient sphere of contingent facts to the “higher” realm of immutable archetypes or Forms,[xx]  Aristotle advanced in Ethics the derivative concept of “natural justice.”[xxi] Quoting the Antigone, he argued (in a juridical posture of perpetual significance)  “an unjust law is not a law.”[xxii]  This irreducible position stands in markedly stark contrast to the more instrumental opinion of the Sophists –  i.e., that justice is never more than an expression of supremacy, that it is only what Thrasymachus cynically calls, in Plato’s Republic, “the interest of the stronger.”[xxiii]

 Were he actually made aware of such scholarly origins and underpinnings, US President Donald Trump would assuredly judge himself to be among the contemporary “Sophists.” This clarifying acknowledgment, to be sure, would be uttered openly by Mr. Trump, and even with an unmitigated pride.

Still more precisely apropos of  President Donald Trump’s jurisprudentialy disjointed presidency, this perniciously crude brand of Realpolitik has become the openly acknowledged philosophic foundation of U.S. foreign policy. Left unmodified by timeless principles of a Higher Law, the deleterious consequences for America and for the wider world are not difficult to decipher.[xxiv]

 Prospectively, they include very tangible US declensions into catastrophic war, potentially perhaps  a nuclear war. Notable, in this regard, is the ongoing expansion of what might best be termed “Cold War II” with Russia; simultaneously, the undiminished nuclearization of North Korea and the ongoing recombination of ISIS Jihadist terrorists under the banner of al Qaeda. Significantly, along all of these cited dimensions of decline, the sitting American president is very plainly complicit.

Yet again, history can be instructive. The Stoics, whose legal philosophies arose on the threshold of the Greek and Roman worlds, regarded Nature itself as humankind’s supreme legislator.[xxv] Applying Platonic and Aristotelian thought to a then-hopefully emerging cosmopolis, they had defined this nascent order as one wherein humankind, by means of its seemingly established capacity to reason, can commune directly with the gods.[xxvi]  As this definition required further expansion of Plato’s and Aristotle’s developing notions of universalism, the Stoics consciously articulated a further division between lex aeterna, ius natural and ius humanum.[xxvii]

 Lex aeterna is the law of reason of the cosmos, the logos which rules the universe.  As an emanation of cosmic reason, human reason, it is assumed, rules the lives of men.  It follows that natural law partakes of eternal law, though it has a more limited range of application.  Unlike the more elitist conception of Plato (and, to a certain extent, even Aristotle), the Stoic idea of an innate “right reason” presumed no meaningful divisions between peoples.[xxviii]  

Instead, in linking all persons with the cosmic order, it established the essential foundations of an authentic and immutable universality.

Cicero, in De Republica, had defined the state as a “coming together of a considerable number of men who are united by a common agreement about law and rights and by the desire to participate in mutual advantages.”[xxix]  This definition shed a useful light on the problems surrounding positivist jurisprudence, a legal philosophy that values any state’s edicts as intrinsically just and therefore obligatory.[xxx] In a suitably famous passage of De Republica, one well known to Jefferson and other Founders, Cicero sets forth the still classic articulation of Natural Law:

True law is right reason, harmonious with nature, diffused among all, constant, eternal; a law which calls to duty by its commands and restrains from evil by its prohibitions….It is a sacred obligation not to attempt to legislate in contradiction to this law; nor may it be derogated from nor abrogated.  Indeed, by neither the Senate nor the people can we be released from this law; nor does it require any but oneself to be its expositor or interpreter.  Nor is it one law at Rome and another at Athens; one now and another at a late time; but one eternal and unchangeable law binding all nations through all time….[xxxi]

It goes without saying that US President Donald Trump has literally no acquaintance with any such still-binding or “peremptory” ideas.

                *******

 But what is to be done when positive law (which now includes US Constitutional and statutory law) is at variance with “true law”?  The Romans had a remedy in all such challenging matters. They simply incorporated into their various statutes a contingency clause that man-made law could never abrogate those obligations that are inherently right or presumptively even sacred.[xxxii]  On several occasions, Cicero and others actually and meaningfully invoked this clause, or jus, against one particular statute or another.[xxxiii]  In this way, the written law of the moment, never more than an artifact of the extant civic community, remained correctly subject to “right reason.”

 Later, St. Augustine reaffirmed that temporal law must always conform to the unchangeable eternal law,[xxxiv]  which he had earlier defined as “the reason or will of God (ratio divina vel voluntas Dei).”[xxxv]  Aquinas continued this tradition of denying the status of law to prescriptions that are inherently unjust (lex iniusta non est lex).[xxxvi]  “Human law,” he wrote in the Summae,[xxxvii]  “has the quality of law only insofar as it proceeds according to right reason; and in this respect it is clear that it derives from the eternal law.  Insofar as it deviates from reason it is called an unjust law, and has the quality not of law, but of violence.”[xxxviii]

The concept of a Higher Law, later to figure so importantly in the legal development of the United States of America, was widely integrated into medieval jurisprudential thought.[xxxix] In John of Salisbury’s Policraticus, “There are certain precepts of the law which have perpetual necessity, having the force of law among all nations and which absolutely cannot be broken.”[xl]  Recognizing the idea that all political authority must be intrinsically limited, John noted that the prince “may not lawfully have any will of his own apart from that which the law or equity enjoins, or the calculation of the common interest requires.”[xli]  

 “….or the calculation of the common interest requires.” Viewed against the backdrop of the current US president – now, correctly analogous to the medieval “prince” discussed by John of Salisbury – such “perpetual law” must of necessity prohibit any presidential placement of personal interest over the discernibly “common interest” of the United States. Natural Law, inter alia, still exists to frustrate political injustice, a vital function that could soon become material to any authoritative launch of impeachment proceedings against Donald Trump.

 In the seventeenth and eighteenth centuries, Natural Law doctrine was reaffirmed and secularized by Grotius,[xlii]  the “father” of all modern international law. Reviving the Ciceronian idea of Natural Law and its underlying optimism about human nature, Grotius is credited with liberating this idea from any once-remaining dependence on ecclesiastical or Papal interpretation.[xliii] Building upon the prior speculations of the Dominican Francisco de Vitoria, who had proclaimed a natural community of humankind and the universal validity of human rights,[xliv]  Grotius fashioned a conceptual “bridge” from the Christian Commonwealth of the Middle Ages to a brand new interstate society.[xlv] 

 In this connection, he strengthened the idea of a universally valid Natural Law, one transcending in obligation all human law, including the cumulative positive law of any single sovereign state.[xlvi] This is an idea, of course, that lies at the conceptual heart of US law, but it also entirely alien to the understanding or vision of current US President Trump.

 Unlike Machiavelli and Hobbes,[xlvii] Grotius did not consciously reduce law to any presumed will of a prince or a separate state.[xlviii] Rather, while recognizing such will as a properly constitutive element within the much wider international legal order, he also understood that the binding quality of human edicts must always be derived from a more overriding totality of “natural” imperatives.[xlix]   Accordingly, he proceeded to reject raison d’etat as a just cause for war,[l] a purposeful rejection that may sometime no longer resonate in US President Donald Trump’s personal ideas of governance.

 This brings us directly to the conveyance of Natural Law ideas into American political theory, a transmittal that was preeminently the work of Locke’s Second Treatise on Civil Government (1690).[li] The specified American “duty” to revolt whenever governments commit “a long train of abuses and usurpations”[lii] flows largely from Locke’s seminal notion that civil authority can never extend beyond the securing of humankind’s natural rights.[liii] Regarding any prospective excursions into US presidential impeachment, the motto that Jefferson chose for his own seal was, “Rebellion to Tyrants Is Obedience to God.”[liv] 

 As for the right to pursue happiness, which Jefferson drew largely from Burlamaqui’s incorporation into natural law,[lv] it had nothing to do with today’s shallow presidential celebrations of raw commerce and exaggerated materialism. Not at all.

 Nor could this right have any bearing on any soon-to-be contemplated US presidential impeachment proceedings. Though happiness was viewed by Jefferson (in plausible deference to Pufendorf and Locke) as a welcome condition to be achieved as the direct result of humankind’s overriding commitment to reason,[lvi] never specified were any corresponding or corollary presidential obligations.

Above all, the Declaration of Independence implemented a fundamental social contract that sets limits on the power of any government.[lvii] Its most central purpose, therefore, was to better articulate a set of universally valid constraints upon absolutely all secular political authority. Moreover, as justice, which is necessarily based on natural law, binds all human society, the rights described by the Declaration of Independence could never be reserved only to Americans.

Instead, by ready and verifiable deduction, they must extend to all human societies, and can never be rendered subject to abrogation by positive law. Today, this general applicability of an imperative to “do justice” is routinely ignored by an American president who is utterly disinterested in human rights, especially on those matters regarding immigration to the United States and the granting of refugee or asylum status. Notably, such matters of international law are ipso facto binding upon the United States, both by virtue of the ubiquitous and universal natural law, but also in consequence of the US Constitution (especially Art. VI, the “Supremacy Clause”) and various leading US Supreme Court decisions (especially the Pacquete Habana, 1900).

 The compelling theory of a Higher Law, which should have a designated useful place in any forthcoming impeachment proceedings that would indict President Trump regarding his very evident disregard for worldwide human rights, is based on clarity, self-evidence, and coherence.  Its legal validity, it follows, can never be shaken by any presumed presidential imperatives of geopolitics or “America First,.” As noted by the Swiss scholar Emmerich de Vattel in the 1758 edition of The Law of Nations (a work in which several American fathers of independence had discovered important and usable maxims of political liberty):  “No agreement can bind, or even authorize, a man to violate the natural law.”[lviii] 

Prudently, Vattel had  cautioned that only a strict obedience to higher legal obligations can produce a virtuous and thereby safe and prosperous state: “One would have to be very ignorant of political affairs not to perceive how much more capable a virtuous Nation is of forming a happy, peaceful, flourishing and secure state, respected by its neighbors and formidable to its enemies.”[lix] Going forward with any U.S. House of Representatives impeachment proceeding, Vattel’s earlier wisdom could sometime have its proper and utilitarian place. At a minimum, it could stand as an unchallengeable corrective to the manifestly unjust imperatives of “America First.”

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In the end, as duly informed Trump impeachment advocates will need to understand, Higher Law expectations of the American political tradition can never be self-enforcing.  Instead, defied again and again by transient political elites, they can only be sustained where individual citizens first prepare to act (as does Antigone before Creon[lx] ) according to conscience.  “Why has every man a conscience,”[lxi]  asks Thoreau in his foundational American essay on Civil Disobedience.

I think that we should be men first,

and subjects afterwards.  It is not desirable to cultivate a respect for the law, so much as for the right.  The only obligation which I have a right to assume is to do at any time what I think right.  It is truly enough said that a corporation has no conscience; but a corporation of conscientious men is a corporation with a conscience.[lxii]

 Where are such “conscientious men” (and of course women) to be found? Certainly not, says Thoreau insightfully, among the “commonly esteemed good citizens.”[lxiii]  These mass men and women serve the state “not as men mainly, but as machines, with their bodies.”[lxiv]  

Placing themselves “on a level with wood and earth and stones,”[lxv] these creations of the “mass” (the Danish philosopher Soren Kierkegaard would prefer the term “crowd”) are incapable of making any essential moral or legal distinctions. This incapacity is easily enough recognized today, where so many of our fellow citizens remain unwilling to acknowledge the brutally stark differences between prima facie presidential wrongdoing and legally correct presidential behavior.

Could the United States still create the conditions for a conscientious “corporation” though the enhanced education of an informed citizenry?  From Rousseau to the present, this has been the preferred path of virtually all democratic theory.  Rousseau believed that law and liberty could best exist in a city-state of properly educated voters like Geneva:

 He stipulates in Book III of the Social Contract:

First, a very small state where the people can be readily got together and where each citizen can with ease know all the rest; secondly, great simplicity of manners, to prevent business from multiplying and raising thorny problems; next, a large measure of equality in rank and fortune, without which equality of rights and authority cannot long subsist; lastly, little or no luxury – for luxury either comes of riches or makes them necessary.

But the contemporary United States is not at all like Geneva, and Rousseau’s idea that (even under very specified conditions) a majority can be trusted with what is really best for “The People” is too-often mistaken. Now, the dangers of the “general will” have been made manifest not only in the exploits of Robespierre and Napoleon, but also in the stunningly inauspicious selection of US President Donald Trump and his generally anti-historical/anti-intellectual followers.

 Whether this selection shall lead to proper and pragmatic efforts at presidential removal is still unclear.

There is more. Rousseau’s deification of The People actually points toward the very opposite of our own Higher Law tradition. The Genevan made “The People” sovereign; for us, ultimately, sovereignty must somehow come to reside in The Citizen.  Earlier, as Thoreau had understood, apathy, complacency, passivity and moral cowardice are the inevitable qualities found in the “mass” of men and women. True hope, therefore, can lie only in those residually still-thoughtful individuals whose primary allegiance is directed toward properly overriding and universal laws; that is, not in the presumptive “good citizen,” but rather in the indispensable “wise minority.”

  It is time to finally inquire: What is the real task of this body of enlightened persons, one which could in fact represent a true and distinct majority in formation? Thoreau speaks truthfully of civil disobedience, one still possible act of “counter-friction.” Now, confronted with an American president who could bring unparalleled harms to the United States, suddenly or in unanticipated increments – as we have seen, such harms could soon include even the onset of a catastrophic nuclear war[lxvi] –  Thoreau would urge, as he once did about still-earlier policy deformations (see Civil Disobedience),: “Let your life be a counter-friction to stop the machine.  What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn.”

To this point, most visibly at partisan political levels, Thoreau’s earlier wisdom has fallen on variously deaf Congressional ears.

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 This essay has been exploring certain jurisprudential remedies to the grievously injurious Trump Presidency, most obviously “ordinary” impeachment proceedings rooted in the US Constitution. Should this particular remedy be selected (structurally, there could likely be no other proper legal remedies, as the Supreme Court has already clarified that presidential impeachment is necessarily a non-justiciable matter[lxvii]), those Members of Congress directly involved with drafting and refining the Articles of Impeachment should also avail themselves of  related Higher Law arguments. This augmented path is suggested because:  (1) the Constitution of the United States is indisputably and perpetually constructed upon core principles of Natural Law; and  (2) these antecedent and overriding legal principles are ultimately binding upon absolutely all citizens and all government officials.

Earlier, on March 19, 2018, Watergate figure John Dean said to Anderson Cooper on CNN: “Trump is Nixon on steroids and stilts.” While merely the subjective opinion of one person, this was a revealing metaphor. Unambiguously, US President Donald Trump represents a uniquely serious threat to US. national security.[lxviii] Although, for some Americans, any such allegation could seem logically or institutionally implausible – after all, a US president is presumptively always  preserving, protecting and defending our national security – the urgently plain facts concerning major Trump transgressions are both manifest and compelling.

As long as “We the People” remain willing to take the US Constitution seriously – and not just as a musty old document to be invoked for adornment,  ceremony and ostentation, or as selective justification for unregulated gun ownership – there can be no legitimate legal reasons for the US House of Representatives to resist Articles of Impeachment.

To fashion such prospectively important Articles, careful attention ought to be paid not only to applicable statutory and Constitutional expectations, but also to the everlasting Higher Law traditions of the United States. While less explicit and thereby much harder to identify an operationalize, these core traditions and pertinent legal norms are in no way inferior to what had previously been codified. Accordingly, they should never be minimized or intentionally disregarded.

Basic and immutable elements of the Western Higher Law tradition should figure importantly in any still-upcoming effort to protect the United States from a catastrophic American presidency. Such jurisprudence-based efforts at protection are not only justifiable, but indispensable. As Roman statesman Cicero had already understood more than 2000 years ago, “The safety of the people shall be the highest law.”

In the current United States, the “safety of the people” can no longer automatically be trusted to the  president. As corollary, the “enemy of the people” here is not a free press, but rather an aberrant  government that would openly side with the enemies of democracy. This authentic “enemy of the people” is now an aspiring demagogue who cheers historical illiteracy and popular deception, a president who freely offers: “I love the poorly educated.”

The significant hazards we now face as a nation ought never to be viewed singly, in contrived isolation, one from the other.  It is only in their cumulative impact that we can ever accurately foresee the most ominous harms. It is, moreover, in various plausible synergies that these unique hazards could sometime become unendurable to the American nation.

It follows from all this that the Natural Law background of the American Constitution could figure importantly in rescuing the United States from an expansively law-violating American president.

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NOTES


[1] Significantly, the Constitution does not precisely spell-out the content of any such crimes, and it is entirely reasonable to maintain that certain US presidential violations of  Natural Law could be just as representative of “High Crimes and Misdemeanors” as anything discoverable in authoritative statute.


[i]     According to Article 53 of the Vienna Convention on the Law of Treaties: “…a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” See: Vienna Convention on the Law of Treaties, Done at Vienna, May 23, 1969. Entered into force, Jan. 27, 1980. U.N. Doc. A/CONF. 39/27 at 289 (1969), 1155 U.N.T.S. 331, reprinted in 8 I.L.M.  679 (1969).

  [ii]  See Edward S. Corwin, THE “HIGHER LAW” BACKGROUND OF AMERICAN CONSTITUTIONAL LAW (1955);  Alexander P. D’Entreves, NATURAL LAW: AN INTRODUCTION TO LEGAL PHILOSOPHY (1951).

    [iii]       See:  U.S. Constitution, Art. IX.  According to Clinton Rossiter, there exists a “deep-seated conviction” among Americans “that the Constitution is an expression of the Higher Law, that it is, in fact, imperfect man’s most perfect rendering” of eternal law.  See Rossiter, preface to Corwin, supra, at vi.

[iv]          Blackstone’s Commentaries, of course, provided the core foundations for America’s current legal system. It is unlikely, of course, that even a tiny handful of US representatives or senators are remotely aware of this juridical primacy.

    [v]             Blackstone’s COMMENTARIES expressly recognize that all law  “results from those principles of natural justice, in which all the learned of every nation agree….”  See William Blackstone,  COMMENTARIES ON THE LAWS OF ENGLAND,  adapted by Robert Malcolm Kerr  (Boston; Beacon Press,  1962),  Book IV,  “Of Public Wrongs,”  p. 62  (Chapter V.,  “Of Offenses Against the Law of Nations.”)

    [vi]                   See John Locke, TWO TREATISES OF GOVERNMENT 123 (T.I. Cook, ed., 1947).

    [vii]                  See THE DECLARATION OF INDEPENDENCE

    [viii]                  See Julius Stone, THE PROVINCE AND FUNCTION OF LAW (Cambridge MA: Harvard University Press, 1950), Chapter VIII, “Natural Law.”

    [ix]       Here, in the Deist view, Nature had “replaced” God as the source for lawful behavior.

    [x] Newton says famously in his Principia:  “This most beautiful system of the sun, planets, and comets could only proceed from the counsel and dominion of an intelligent and powerful Being.”  Cited by Abraham Kaplan, IN PURSUIT OF WISDOM: THE SCOPE OF PHILOSOPHY (Beverly Hills CA: Glencoe Press, 1977), p. 550.

    [xi]       See Stone, supra, Ch. VIII.

    [xii]      See Locke, supra, 123.

    [xiii]      See The Bill of Rights, as detailed in the following discussion.

    [xiv]      See U.S. Constitution, Ninth Amendment.

    [xv]                   The most fundamental principle of ancient Hebrew law, of course, is that the revealed will of God is the only proper source of Jewish justice.  In the Talmudic position, “Whatever a competent scholar will yet derive from the Law, that was already given to Moses on Mount Sinai.” (See Jerusalem Megillah IV,  74d.)

    [xvi]      See Sec. 81, Fragment No. DK 22B114 of THE PRESOCRATICS 75 (Philip Wheelwright ed.,  Bobbs-Merrill  1960).  The authoritative text for the fragments of Heraclitus is Hermann Diels & Walther Kranz, DIE FRAGMENTE DER VORSOKRATIKER (6th ed., Weidmann  1966).

    [xvii]     A century before Demosthenes, Antigone’s appeal against Creon’s order to the “unwritten and steadfast customs of the Gods” had evidenced the inferiority of human rule-making to a Higher Law.  Here, in the drama by Sophocles, Creon represents the Greek tyrant who disturbs the ancient harmony of the city state.  Aristotle, in his RHETORIC, quotes from Sophocles’ ANTIGONE when he argues that “an unjust law is not a law.”  See RHETORIC 1, 15,  1375, a 27 et seq.

    [xviii]    See Henry David Thoreau, ON THE DUTY OF CIVIL DISOBEDIENCE, in WALDEN, OR LIFE IN THE WOODS AND ON THE DUTY OF CIVIL DISOBEDIENCE (Signet 1960). 

    [xix]      Plato’s theory, offered in the fourth century B.C.E, seeks to explain politics as an unstable realm of sense and matter, an arena formed and sustained by half-truths and distorted perceptions.  In contrast to the stable realm of immaterial Forms, from which all genuine knowledge must be derived, the political realm is dominated by the uncertainties of the sensible world.  At the basis of this political theory is a physical-mental analogy that establishes a correlation between the head, the heart and the abdomen, and the virtues of intelligence, courage and moderation. 

    [xx]       Supra. 

    [xxi]      See Corwin, supra, at 7.

    [xxii]     Id.

    [xxiii]    “Right is the interest of the stronger,” says Thrasymachus in Bk. I, Sec. 338 of Plato, THE REPUBLIC (B. Jowett tr.,  1875).  “Justice is a contract neither to do nor to suffer wrong,” says Glaucon, id.,  Bk. II, Sec. 359.  See also, Philus in Bk III, Sec. 5 of Cicero, DE REPUBLICA.

[xxiv]        In this connection, however, noted Sigmund Freud: “Wars will only be prevented with certainty if mankind unites in setting up a central authority to which the right of giving judgment upon all shall be handed over. There are clearly two separate requirements involved in this: the creation of a supreme agency and its endowment with the necessary power. One without the other would be useless.” (See: Sigmund Freud, Collected Papers, cited in Louis René Beres, The Management of World Power: A Theoretical Analysis, University of Denver, Monograph Series in World Affairs, Vol. 10 (1973-73), p, 27.)

    [xxv]     See Corwin, supra, at 9:  “The Stoics…thought of Nature or the Universe as a living organism, of which the material world was the body, and of which the Deity or the Universal Reason was the pervading, animating and governing soul; and natural law was the rule of conduct laid down by this Universal Reason for the direction of mankind.”  Salmond, JURISPRUDENCE 27 (7th ed., 1924), cited in Corwin, supra, at 9.

    [xxvi]     Id.

    [xxvii]    These terms are defined and discussed below.

    [xxviii]   See Corwin, supra, at 9.

    [xxix]     Spoken by Scipio in Bk. I of DE REPUBLICA; cited in Alexander P. D’Entreves, THE NOTION OF THE STATE  24 (1967).

    [xxx]     See Stone, THE PROVINCE AND FUNCTION OF LAW, supra, 224-230.  Stone calls positive law “…the law actually enforced by organized society in a particular place at a particular time.” (p. 225)  Understood in terms of natural law, positive law is merely a necessary evil, tolerable and valid only to the extent that it coincides with natural law.  In this theory, says Julius Stone, “Not only does natural law provide the criterion for judgment whether positive law is just.  It goes further and provides the criterion for deciding whether positive law is valid law at all.” (Id., at 226)

    [xxxi]     See Cicero, I DE LEGIBUS, cited in Corwin, supra, at 10; D’Entreves, supra., at 20 – 21.  Similarly, in his DE OFFICIIS, Cicero wrote:  “There is in fact a true law namely right reason, which is in accordance with nature, applies to all men and is unchangeable and eternal….It will not lay down one rule at Rome and another at Athens, nor will it be one rule today and another tomorrow.  But there will be one law eternal and unchangeable binding at all times and upon all peoples.” (cited by Stone, supra, at 216.)  See also DE LEGIBUS, Bk. i, c, vii; cited by Stone, supra, at 216.

    [xxxii]    See Corwin, supra, at 12.

    [xxxiii]   Id, at 13.

    [xxxiv]   See D’Entreves, supra, 36 – 37.  In early Christendom, Augustine offered a system of thought that identified the locus of all global problems in the human potentiality for evil.  Combining a philosophy of Neo-Platonism with a view of the universe as a struggle between good and evil, he attributed the trials of humankind to the taint of original sin.  This view, transformed into a secular political philosophy, is now reflected by exponents of the school of realism or realpolitik.  Augustine, writing at the beginning of the fifth century C.E., sets out, in the CITY OF GOD, to describe human history as a contest of two societies, the intrinsically debased City of Man and the eternally peaceful City of God.  In this contest, the state, the product of humankind’s most base tendencies, is devoid of justice and destructive of salvation.  A mirror image of human wickedness, the state is little more than a “large gang of robbers.”  In an oft-quoted passage, Augustine recalls the answer offered by a pirate who had been captured by Alexander the Great.  When asked by Alexander what right he had to infest the seas, the pirate replied:  “The same right that you have to infest the world.  But because I do it in a small boat I am called a robber, while because you do it with a large fleet you are called an emperor.”

    [xxxv]    See Julius Stone, HUMAN LAW AND HUMAN JUSTICE (Stanford CA: Stanford University Press, 1965), p. 44.  For Augustine, this reason or will of God “commands us to preserve the natural order and prohibits us to disturb it.” (See Contra Faustum, XXII, 27; cited by Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 44.

    [xxxvi]   Thomas Aquinas recalls Augustine as follows:  “St. Augustine says: `There is no law unless it be just.’ So the validity of law depends upon its justice.  But in human affairs a thing is said to be just when it accords aright with the rule of reason: and as we have already seen, the first rule of reason is the Natural Law.  Thus all humanly enacted laws are in accord with reason to the extent that they derive from the Natural law.  And if a human law is at variance in any particular with the Natural law, it is no longer legal, but rather a corruption of law.” See SUMMA THEOLOGICA, 1a 2ae,  95, 2; cited by D’Entreves, supra, pp. 42 – 43.

    [xxxvii]   See D’Entreves, supra, at 42 – 43.

    [xxxviii]              The importance of reason to legal judgment was prefigured in ancient Israel, which accommodated reason within its system of revealed law.  Jewish theory of law, insofar as it displays the marks of natural law, offers a transcending order revealed by the divine word as interpreted by human reason.  In the striking words of Ecclesiasticus 32.23,  37.16,  13-14:  “Let reason go before every enterprise and counsel before any action…And let the counsel of thine own heart stand…For a man’s mind is sometimes wont to tell him more than seven watchmen that sit above in an high tower….”

    [xxxix]   See Stone, THE PROVINCE AND FUNCTION OF LAW, supra, Chapter VIII.

    [xl]       See Corwin, supra, at 17 – 18.

    [xli]      Id., at 19.

    [xlii]      See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, pp. 64 – 68.

    [xliii]     Id.

    [xliv]     See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, pp. 61 – 63.

    [xlv]      Id, pp. 65 – 68.

    [xlvi]     Id.

    [xlvii]    The sixteenth-century Florentine philosopher, Niccolo Machiavelli, joined Aristotle’s foundations for a scientific study of politics with assumptions of realpolitik to reach certain conclusions about politics.  His most important conclusion underscores the dilemma of practicing goodness in an essentially evil world:  “A man who wishes to make a profession of goodness in everything must necessarily come to grief among so many who are not good.” (See THE PRINCE, Chapter XV).  Recognizing this tragic state of affairs, Machiavelli proceeds to advance the arguments for expediency that have become synonymous with his name.  With the placing of the idea of force at the center of his political theory, the author of THE PRINCE stands in sharp contrast to the Platonic and early Christian concepts of the “good.”  Rejecting both Plato’s argument that there is a knowable objective “good” that leads to virtue, and Augustine’s otherworldly idea of absolute goodness, Machiavelli constructs his political theory on the assumption that “all men are potential criminals, and always ready to realize their evil intentions whenever they are free to do so.” In his instructions to the statesman on how to rule in a world dominated by force, he advises “to learn how not to be good.”  The seventeenth-century materialist and social philosopher, Thomas Hobbes, elaborated a complex system of thought in which man was reduced to a state of nature and then reconstructed.  Seeking a science of human nature that would have the rigor of physics, Hobbes looked to introspection as the source of genuine understanding:  “Whosoever looketh into himself and considereth what he doth when he does think, opine, reason, hope, fear, etc., and upon what grounds, he shall thereby read and know, what are the thoughts and passions of all other men, upon the like occasions.” (See Introduction to LEVIATHAN).  The results of such an analysis of one’s own thought processes led Hobbes to his celebrated theory of the social contract:  the natural egoism of man produces a “war of all against all” in the absence of civil government and must be tempered by absolute monarchy.  Moreover, the condition of nature, which is also called a condition of war marked by “continual fear, and danger of violent death,” has always been the characteristic condition of international relations and international law:  “But though there had never been any time, wherein particular men were in a condition of war one against another; yet, in all times, kings, and persons of sovereign-authority, because of their independency, are in continual jealousies, and in the state and posture of gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their forts, garrisons, and guns upon the frontiers of their kingdoms, and continual spies upon their neighbors, which is a posture of war.”  (See LEVIATHAN, Chapter XIII).

    [xlviii]    This is because the principal Grotian effort was to “translate” natural law from pure philosophical speculation into a pragmatic legal ordering.  See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 65.

    [xlix]     Id. 

    [l]  The Swiss scholar, Emmerich de Vattel, notes – in his 1758 classic THE LAW OF NATIONS:  “No agreement can bind, or even authorize a man to violate the natural law.”  See Albert de LaPradelle, Introduction to Emmerich de Vattel, LE DROIT DES GENS (THE LAW OF NATIONS)(Charles G. Fenwick, tr., 1916).

    [li] See Corwin, supra, at 61.

    [lii]       Id. 

    [liii]      Id. 

    [liv]      See Thomas Jefferson, IV WORKS 362 (New York, P.L. Ford, ed., 1892-99).

    [lv]       J.J. Burlamaqui, author of PRINCIPES DU DROIT DE LA NATURE ET DES GENS (1774) was a Swiss scholar who held a Chair at the University of Geneva.  His work has been described by J. Stone and others as “rational utilitarianism.”  See Stone, HUMAN LAW AND HUMAN JUSTICE, supra, p. 71.

    [lvi]      See Corwin, supra, p. 81.

    [lvii]      Id. 

    [lviii]     See Vattel, THE LAW OF NATIONS (Washington D.C.: Carnegie Institution, 1916), C.G. Fenwick tr., p. 4.

    [lix]      Id. 

    [lx]       See Sophocles, ANTIGONE, supra. 

    [lxi]      See H D Thoreau, ON THE DUTY OF CIVIL DISOBEDIENCE (New York: New American Library, 1959).

    [lxii]      Id. 

    [lxiii]     Id. 

    [lxiv]     Id. 

    [lxv]      Id. 

[lxvi]            “The obligation of subjects to the sovereign,” says Thomas Hobbes in Chapter XXI of LEVIATHAN,  “is understood to last as long, and no longer, than the power lasteth by which he is able to protect them.”

[lxvii]       See Nixon v. United States, 506 U.S. 224 (1993).

[lxviii]  Warned John Brennan, former Director of Central Intelligence:  “When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history. You may scapegoat Andy McCabe, but you will not destroy America…America will triumph over you.” (Tweet, March 17, 2018).


[i] Under international law, the idea of a Higher Law – drawn originally from the ancient Greeks and ancient Hebrews – is contained inter alia within the principle of jus cogens or “peremptory” norms.

[ii] Turning and turning in the widening gyre;

The falcon cannot hear the falconer;

Things fall apart; the centre cannot hold;

Mere anarchy is loosed upon the world.

The blood-dimmed tide is loosed, and everywhere

The ceremony of innocence is drowned;

The best lack all conviction, while the worst

Are full of passionate intensity.

LOUIS RENÉ BERES (Ph.D., Princeton, 1971) is Emeritus Professor of International Law at Purdue. His twelfth and most recent book is Surviving Amid Chaos: Israel's Nuclear Strategy (2016) (2nd ed., 2018) https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy Some of his principal strategic writings have appeared in Harvard National Security Journal (Harvard Law School); International Security (Harvard University); Yale Global Online (Yale University); Oxford University Press (Oxford University); Oxford Yearbook of International Law (Oxford University Press); Parameters: Journal of the US Army War College (Pentagon); Special Warfare (Pentagon); Modern War Institute (Pentagon); The War Room (Pentagon); World Politics (Princeton); INSS (The Institute for National Security Studies)(Tel Aviv); Israel Defense (Tel Aviv); BESA Perspectives (Israel); International Journal of Intelligence and Counterintelligence; The Atlantic; The New York Times and the Bulletin of the Atomic Scientists.

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Overcoming The Tragedy of Plural Mother Tongue Denial in America

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Sunday morning , February 21, I was in the  Bangladesh High Commission  in Port Louis, Mauritius.Google reminds us”Bangladesh, to the east of India on the Bay of Bengal, is a South Asian country marked by lush greenery and many waterways. Its Padma (Ganges), Meghna and Jamuna rivers create fertile plains, and travel by boat is common. On the southern coast, the Sundarbans, an enormous mangrove forest shared with Eastern India, is home to the royal Bengal tiger.” 

This  justice and peace oriented mighty  South Asian  country of nearly 162,000,000 citizens, is also renowned for  successfully advocating for what is now  the United Nations recognized   annual February 21 Martyrs’ Day & International Mother Language  Day celebrated today in many countries around the world. It is the reason why…Namely ,when last week  my great friend , Her Excellency Rezina Ahmed , the High Commissioner for Bangladesh in Mauritius , requested I be one of the three judges for their youth essay competition for this day’s celebration focused on the meaning of this critically important day in their country and for the world in understanding the imperatives of mother tongue in human identity,dignity, openness, and achievements such as in education access and attainment. I gladly  reorganized my  overly hectic schedule to participate. 

We devalue, belittle, degrade, and dehumanize others and therefore ourselves as human beings when we deny them the human right  to  learn, express, and just daily be in their native ,that is mother tongue.We create and sustain discrimination, havoc ,and discord in societies and communities and institutions within them when we deny, marginalize, and exclude plural mother tongues and just stress and require in such an unGodly way,a hegemonic dominating one. When we create societies which fail to make room for the respectful and empowering expansion of languages spoken in a nation by its citizens and those populations veying for citizenship, we are sowing seeds for troubles easily avoided if government and civil society leaders recognize and welcome language newcomers rather than being xenopphobic , racist, ethnocentric ,and otherwise hostile towards them.This is especially the case when those of different mother tongues from the original one are positively contributing to the human resources, workforces, and cultural needs of  a nation and  when their diverse  speakers are  upright law abiding citizens in their families , communities, and larger society and world.

As an American whose ancestral mother tongues  were stripped away in the brutality of African slavery  and in the genocidal treatment of indigenous peoples, this day then has deep sentimental value to me.We need to recognize this day in an America deeply troubled by  too long devalued, ignored, and ridiculed plural  mother tongue realities coupled with contempoary rapid growth of mother tongue plurality as we become each day statistically Non-White and not just English speaking. 

In doing so we must confess first from colonial day one to now,America has always been a plural mother tongue state with English being the hegemonic language of the dominant.Our tradition of disregarding and devaluing Americans whose first language is other than English has been the historical roots of  political and economic inequalities, massive wastes of human talents, and the epidemic psychological traumas of millions of tens of millions of Americans stripped of their right to be heard and respected in their mother tongues and of those suffering from their dominant English superiority  complexes which eats away at their own humanity as they dehumanize Non-English speakers.

Spainish mother tongues signs are being  become seen  increasingly in American stores and other consumer and employing insitutions as  more a measure of the growing national size and  economic value of Spainish speaking peoples than needed humane and human  respect for Americans whose native tongue is not English.Trump’s easy fueling of anti-Spainish speaking people sentiment and practices, be they immigrants or not; even in native  English speaking Non-White populations such as African Americans and Asian Americans, was due to the iron grip of English only hegemony which continues to persist  in too many American systems, sectors, communities, and institutions, making English as Second language programs in primary through graduate schools marginal  or nonexistent in too many states with no plural mother tongue federal policy designed and well enforced in sight. It has led to disgraceful  public attacks against Spanish  speakers with more implicit  demeaning attacks against others who don’t speak English  especially when they are and more importantly look like they have Non-European  ancestry. Such bigoted English only idelogies , stereotypes, and actions are  unbecoming for any  democratic nation claiming to be a beacon of exceptional global goodwill.Our American tendency to ignore our historical and contemporary plural mother tongue character and to allow it to be a  disruptive and destabilizing political football adds fire to the view of our allies and foes around the world that our long  exceptional bright star global status is sliding downward on a banna peeling.

Thus, as  we move from the nightmare of the four year Trump era even though Trumpism is an anti-plural mother tongue ideology to be around for awhile, let us take advantage of this Biden-Harris glimmer of sunlight to promote the meaning of this day, to hold it high in opposition to the nightmare we are leaving behind as we grapple and become the open dignified America not back but the kind of emerging  open America we must become and remain..from now on.

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Secretly, Biden’s Foreign Policies Are Trump’s Foreign Policies

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Though U.S. President Joe Biden is publicly critical of Donald Trump’s foreign policies, he’s continuing almost all of them and is changing only minor ones. The changes are almost entirely in rhetoric, not in policies, as will be documented here.

A good example of this entirely rhetorical ‘difference’ is described in a February 19th article from Reuters, “Drawing contrast with Trump, Biden promises U.S. allies a partnership that’s not transactional”. Biden’s policy, to “promote democracy over autocracies,” condemns Trump’s polices as having been “transactional” instead of based on “values.” But, actually, America’s invasions, and coups, and economic sanctions, during the past few decades, have been ‘justified’ by condemning the U.S. regime’s target-nations (Iraq, Iran, Libya, Syria, and Ukraine before America’s 2014 coup there — and now Ukraine is ‘our ally’) as not being “democratic,” and as not adhering to ‘human rights’, as if the U.S. regime itself were an authentic democracy, or were unquestionably better on human rights than the targets against which its aggressions are directed — none of which is true

If America were a democracy, then why does it have a higher percentage of its residents in prisons than does any other nation on the planet? And they’re almost all poor people, who couldn’t even afford a good lawyer. That’s ‘equal rights’? America is a country of equal rights? And it provides equal opportunity there, if your father went to prison? (Many ex-cons in America aren’t even allowed to vote. And their job-prospects, with a prison record or empty years shown on a CV, are permanently reduced.) Biden condemned “Trump, who angered allies by breaking off global accords and threatening to end defense assistance unless they toed his line. ‘Our partnerships have endured and grown through the years because they are rooted in the richness of our shared democratic values. They’re not transactional’ [he said].” Liberal hogwash — purely arrogant lies, by the U.S. regime, so that it can continue to perpetrate aggression against its target-nations, while appearing, to suckers, to be a ‘kinder and gentler nation’.

The hypocrisy of that is understood by all of America’s allies — all leaders of the empire’s vassal-nations. They know that many of those allied leaders are, themselves, even more tyrannical than America’s leaders are. For example, on February 16th, the BBC bannered “Princess Latifa: ‘Hostage’ ordeal of Dubai ruler’s daughter revealed”, and reported: “The daughter of Dubai’s ruler who tried to flee the country in 2018 later sent secret video messages to friends accusing her father of holding her ‘hostage’ as she feared for her life. In footage shared with BBC Panorama, Princess Latifa Al Maktoum says commandos drugged her as she fled by boat and flew her back to detention.” Will Biden therefore dump its UAE vassal-nation, for this “problem,” which goes all the way back to the year 2000 and has never yet caused the U.S. regime to drop any ‘ally’?

Another of ‘democratic’ America’s vassal leaders, the one who controls Saudi Arabia, had perpetrated the 2 October 2018 luring into Istanbul’s Saudi Consulate of Washington Post columnist Jamal Khashoggi (who feared for his life even as he entered there) where he was immediately dismembered and chopped-up by the team of Saudi Arabia’s Crown Prince Mohammad bin Salman al-Saud, and thus was placed on public display how above-the-law Saudi Arabia’s Government really is. The five execution-team-members, whom the Crown Prince had reason to believe might testify against him if released, were sentenced to death. So, anyone who would be hired for such an operation in the future would be a fool to trust that employer. The only real insiders in such a regime are at the very top. ‘Honor among thieves’ doesn’t exist at that high a level. Finally, on 9 September 2019, Turkey’s Daily Sabah newspaper bannered “Saudi hit squad’s gruesome conversations during Khashoggi’s murder revealed”, and reported that

The recordings, which took place before the murder between Sept. 28 and Oct. 2, 2018, reveal in detail the plans and preparations made between the Saudi Consulate in Istanbul and the Riyadh administration.

On Sept. 28, when Khashoggi came to the Saudi Consulate for papers to marry his fiancee Hatice Cengiz, Ahmed Abdullah al-Muzaini, who worked as Saudi Arabia’s intelligence station chief at the kingdom’s consulate in Istanbul, informed Riyadh with an emergency code that Khashoggi had arrived at the consulate. Khashoggi’s return to the consulate on Oct. 2 was also informed to Riyadh.

On the same day at 7:08 p.m., Saudi Consul Otaibi held a phone call with an official from the office of Saud al-Qahtani, a close aide of Crown Prince Mohammed.

During the conversation, the murder of Khashoggi was called [in order to code so as to hide what was going on, in case Turkish intelligence were listening-in] “a private matter” and “a top-secret mission.” The official told the Saudi consul that “the head of state security called me. They have a mission. They want one of your officials from your delegation to deal with a private matter. They want someone from your protocol… for a private, top-secret mission. He can even get permission if necessary.”

These statements are proof that the murder of Khashoggi was not done without the consent of the Saudi crown prince.

And Israel’s Netanyahu isn’t leading a racist apartheid theocratic nation? And Saudi Arabia’s monarch and his son Mohammed bin Salman al-Saud aren’t also leading a pro-jihadist regime, and America’s Government don’t know this?

Not “transactional”? It’s actually just replacing Trump’s transactionalism by Biden’s more hypocritical type.

And the hypocrisy here goes beyond the “not transactional” lie. On February 18th, Reuters headlined “U.S. says ready for talks with Iran over nuclear deal” and this propaganda reported that:

Washington would respond positively to any European Union invitation to talks among Iran and the six major powers who negotiated the original agreement: Britain, China, France, Germany, Russia and the United States.

“We are ready to show up if such a meeting were to take place,” the official told Reuters, speaking on condition of anonymity, after a senior EU official said he was prepared to convene such a meeting among the parties to the deal.

But it’s just a nothingburger.

Though Russia supported an unconditional restoration of the Iran deal, because only the U.S. had broken it and quit it, the U.S. ‘allies’ backed the aggressor-nation (the U.S. regime), “during a video meeting with his British, French and German counterparts gathered in Paris,” as Biden’s Secretary of State Antony Blinken (who has supported every U.S. invasion including the 2003 invasion of Iraq) led them: 

“Secretary Blinken reiterated that … if Iran comes back into strict compliance with its commitments under the JCPOA, the United States will do the same and is prepared to engage in discussions with Iran toward that end,” a joint statement from the four nations said.

America broke it first, but Iran must return to it first — according to America (which broke it first). Only idiots would accept such wacky ‘reasoning’. But Joe Biden’s Administration appeals only to such idiots. And yet America’s liberals deride Trump for Trump’s stupidity, and for the stupidity of his followers. Truth, and progressivism (which opposes all lies, conservative or liberal), have virtually no representation in today’s American politics. Progressives are marginalized here.

Also on February 18th, the Moon of Alabama blogger bannered “Why Is Biden Creating Himself An Iran Quagmire?” and he wrote that the U.S. side were not only demanding that Iran cancel its own departure from the Iran deal (which cancellation had followed after the U.S. had already abandoned the deal) before the U.S. and its gang would return to the negotiating table to restore the Iran deal, but that in addition the U.S. and its ‘allies’ would demand that Iran restrict its missile program — which hadn’t even been included in the Iran deal — before the U.S. and its allies would negotiate a return to the Iran deal. In other words: Iran would have to make concessions first — though only the U.S. had actually broken the deal — and the U.S. and its ‘allies’ still wouldn’t negotiate unless and until Iran would first agree to reduce its missile-forces (which weren’t part of the Iran deal). Furthermore, already, a law recently passed in Iran’s Parliament requires Iran’s Government to bring an end to the IAEA inspections, starting on February 23rd; so, Iran’s Government wouldn’t be allowed to back down to the U.S. regime’s demands, even if Iran’s President were stupid enough to want to do so.

Instead of the gangster — the U.S. regime — apologizing for what it had done, it tries to fool its own and allied publics into believing that Iran — and not the U.S. gang — were the criminals here. The blatancy of America’s being a regime instead of a democracy is obvious (after all, America stole Iran in 1953 and has been trying to grab it back ever since Iran finally broke away in 1979), and Biden’s pretense to being in a better category than Trump is based on lies that only fools could believe.

And then there’s Syria. 

On January 23rd, Zero Hedge — linking to reliable online sources — headlined “A Large US Military Convoy Rolled Into Syria On 1st Day Of Biden Presidency”. Not only is the new U.S. President Joe Biden intensifying America’s invasion of Syria, but he is preparing to increase the theft of oil that his predecessor Trump began in Syria after Trump’s predecessor Obama had begun America’s attempted conquest of Syria in 2012.

Among the sources which were linked to, in that news-report, is Syrian National News Agency (SANA), which — in the past — has proven to have been truthful, about the war, far more often than standard U.S. and other anti-Syrian ‘journalism’ has been shown to have been. SANA reported, on January 21st (Biden’s first day as U.S. President) that:

The so-called US-led international coalition has sent weapons and logistical materials to its illegitimate bases in Hasaka countryside.

Local sources told SANA that a convoy consisted of 40 trucks loaded with weapons and logistical materials, affiliated to the so-called international coalition have entered in Hasaka countryside via al-Walid illegitimate border crossing with north of Iraq, to reinforce illegitimate bases in the area. 

Over the past few days, helicopters affiliated to the so-called international coalition have transported logistical equipment and heavy military vehicles to Koniko [Conoco] oil field in northeastern Deir Ezzor countryside, after turning it into military base to reinforce its presence and loot the Syrian resources.

That oil field had been heavily contested during 2016 between Syria’s Government (which owns it) and ISIS, until U.S. President Barack Obama bombed Syria’s troops who were protecting it, and immediately ISIS forces moved in, and took it over (as was Obama’s intention). That oil facility promptly became the chief source of income for ISIS’s Syrian operation, to overthrow Syria’s Government.

On 30 April 2017, I had bannered “How Obama & Erdogan Moved ISIS from Iraq to Syria, to Weaken Assad”, and explained:

Chris Tomson of Al Masdar News headlined on Monday May 1st, “Syrian Army tank takes direct hit from ISIS guided missile in Deir Ezzor”[on Sunday, April 30th] and reported that, “Currently, government forces are less than 1500 meters from linking up Deir Ezzor city to its airbase,” which would be an essential link-up in order for the Syrian government to begin to restore control over the largest city in eastern Syria. Here will be the account of how U.S. President Barack Obama handed that city over to ISIS by means of two key actions, so as to weaken Assad’s government.

Today, Der Zor, or Deir Ezzor, Syria’s major oil center, is controlled by ISIS or Daesh, but Obama’s warplanes bombed the Syrian government troops there on 17 September 2016 and thereby ended the then 5-day-old ceasefire that John Kerry had spent months putting together with Sergei Lavrov [Russia’s Foreign Minister], and thus Obama effectively ended all peace negotiations with Russia regarding Syria. Then, when U.S. and Turkish forces attacked ISIS in Mosul Iraq, an escape-path was intentionally left by them for those ISIS jihadists to travel west to Der Zor, so that they could not only take over the oil wells there, but do major damage to the Syrian government’s army forces in that key city, after Obama had bombed there on September 17th. Consequently, Erdogan and Obama were now using ISIS in Mosul as a means for reinforcing ISIS in Syria, in such a way as to provide oil-income to ISIS and also to directly weaken Assad’s government.

Obama never told anyone that he favored ISIS and all jihadists over Assad’s government, but he showed it clearly and consistently by his actions

12 August 2012 U.S. Defense Intelligence Agency warning[whose original can be seen here] that the Obama Administration’s strategy might drive ISIS from Mosul in Iraq to Der Zor in Syria, has actually been carried out as a plan instead of a warning — a plan to weaken and ultimately oust Syria’s non-sectarian President Bashar al-Assad and replace him with a Sunni Sharia-law regime (one led by jihadists). The 2012 DIA warning had called this scenario an “unraveling,” but Obama and the U.S. Congress actually chose it, so as to set the incoming President Trump up with an opportunity to replace Assad’s government by one that the Sauds and their U.S.-made weapons will control.

Previously, Al Qaeda had been stealing Syria’s oil, and the EU was cooperating with the Obama regime in order to help sell into the EU nations. Syrian troops briefly grabbed it back, but Obama now forced Syria’s Army out and handed that oil-facility to ISIS, so that they could make money from it and continue the job of weakening Syria’s Government.

On 9 March 2019, three years into Trump’s Presidency, I headlined “Syria Accuses U.S. of Stealing 40+ Tons of Its Gold” that ISIS had accumulated from their foreign sales of Syria’s oil. However, now that U.S. President Trump knew that ISIS had been ‘earning’ that much money from selling that oil, he wanted to become the person who would be choosing whom would be funded by Syria’s oil. So, on 30 October 2019, I bannered “How the U.S. Regime ‘Justifies’ the Theft of Syria’s Oil” and reported that

On 26 Oct, the New York Times headlined “Keep the Oil’: Trump Revives Charged Slogan for New Syria Troop Mission” and opened by saying that “in recent days, Mr. Trump has settled on Syria’s oil reserves as a new rationale for appearing to reverse course and deploy hundreds of additional troops to the war-ravaged country.” They closed with a statement from Bruce Riedel, retired from the CIA: “‘Let’s say he does do it,’ Mr. Riedel said. ‘Let’s say we establish the precedent that we are in the Middle East to take the oil. The symbolism is really bad.’” The propaganda-value of a ‘news’-report is concentrated in its opening, and especially in what the ‘reporter’ (fulfilling the intentions of his editors) selected to be at the very end (such as Riedel’s statement). However, is what’s wrong with taking Syria’s oil actually the “symbolism,” as Riedel said, or is it instead the theft — the reality (and why did the NYT pretend that it’s the symbolism)? Nowhere did that NYT article use the word “theft,” or anything like it, but that is the actual issue here — not mere ‘symbolism’.

So, Biden will continue that operation, which Obama had started and Trump continued.

The goal is to hand to the Saud family control over Syria’s government. The Sauds are to select whom the rulers of Syrians will be. That has been the plan ever since the CIA’s second coup, which briefly overthrew Syria’s Government, in 1949. 

And then there’s Julian Assange, who has never been convicted of anything but is being drugged and held in a British maximum-security prison as the latest stage in his decade-long imprisonment-without-conviction for anything. A British judge dropped all charges against him and was keeping him in prison pending a decision by Joe Biden (via Merrick Garland) on whether or not to re-assert Donald Trump’s re-assertion of Barack Obama’s assertion that Assange had stolen (though he never stole) and made public U.S. Government secrets and should be extradited to the U.S. for what everyone expects to be a kangaroo court trial that would end in his execution for having done what Daniel Ellsberg had done in the Pentagon Papers case about the Vietnam War. The international hero, Assange, is to be ‘tried’ in a U.S. court. On February 12th, the New York Times bannered, “Biden Justice Dept. Asks British Court to Approve Extradition of Julian Assange”. Biden continues Trump’s continuation of Obama’s attempt to murder Julian Assange.

Ultimately, Biden’s foreign policies are putting Democratic Party lipstick onto the Republican Party’s pig. That’s his ‘change’, on U.S. foreign policies. 

Just like with Hitler, it’s all fakery, except that (like with Hitler) the evil which motivates it, and which threatens the entire world, is all too real. Whether the U.S. regime will go all the way to yet another World War in order to impose it everywhere (as Hitler aspired to do), is unknown. (Some experts think the signs point that way.) Hitler went that far, but lost his war. And his spirit (minus the anti-Semitism) then took over in Washington, but with ‘kinder’ rhetoric. The results in the nuclear Age would be that everyone would lose. The only way to stop that would be to stop Washington, but that’s a decision which only Washington’s vassal-nations would make — if they will.

And even on his domestic polices, Biden lies in order to serve the priorities of the billionaires who funded his way into the White House. For example, on February 20th, NPR headlined “FACT CHECK: Biden’s Comments On Loan Forgiveness And Elite Colleges” and proved that he was deceiving the public about that issue. He is as corrupt as they come. The stopping of the U.S. aristocracy will either come from abroad, or not at all. It won’t come internally from within the U.S., because the regime doesn’t allow its public to recognize that it’s a regime — an imperialistic aristocracy — instead of  a democracy. It’s more cunning than Hitler was. America’s aristocracy recognizes that in modern times, personification of their regime (in a monarch or other ‘divinely ordained’ individual or “Fuehrer”) produces only a fleeting dictatorship and one that is hard to keep in line or continue with a successor. In modern times, a ‘democratic’ dictatorship has more lasting power. So, that’s what we now have. The spirit of Hitler lives on, in America’s aristocracy.

Author’s note: first posted at Strategic Culture

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Possible Directions for U.S. Policies in the Biden Era

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Official White House Photo by Adam Schultz

Authors: Chan Kung and He Jun

On January 20, 2021, a new page will be turned in the history of the United States when Joe Biden becomes the 46thPresident. What will happen to U.S. domestic and foreign policy as a result of the transition from the “Trump Era” to the “Biden Era”? What will be the impact of this on the U.S., the world, and China? After the tumultuous Trump Era, we believe that this is an issue of great concern to international governments and markets.

The “ANBOUND 100+” high-end discussion platform and the macro team have been continuously tracking the news of the imminent Biden Era and possible policy changes. To this, we have made a number of key predictions. In the historic moment when Joe Biden is about to take office, it is important to review and summarize the relevant research to understand the changes that the new U.S. President will bring.

First, we shall look at the American political landscape in the Biden Era.

An overall judgment is that Democrats are taking control, but “Trumpism” is still unlikely to disappear from U.S. politics any time soon. The ANBOUND team had judged on November 11, 2020, that Donald Trump’s various policies had in fact left Biden with a number of political and diplomatic “legacies”, and that Biden actually had considerable autonomy over whether to “inherit” these “legacies”. Objectively, whether inherited or not, these “legacies” can be used as a bargaining chip for the Biden administration. On the issue of Trump himself, ANBOUND once said on December 20 that Trump will be in trouble because he had “gone too far” and that the future Biden team might carry out a complete reckoning with Trump and his team. Judging by the fact that Trump is facing a second impeachment and the investigation into the storming of the Capitol, such a reckoning is happening. In this regard, ANBOUND has summed up Trump’s influence remains and its trajectory to be: Trump -> Trumpism -> Trumpism without Trump.

In the Biden Era, the two-party political landscape in the U.S. will be unbalanced, with the Democrats dominating U.S. politics and rapidly gaining the upper hand, and the Republicans facing an internal split, as ANBOUND judged on January 10, 2021. On this basis, we believe that there is a clear trend towards “bipartisanship”, with the Democrats becoming the dominant party in this cooperation. In this context, the Biden administration is likely to complete domestic integration faster and turn its focus to foreign policy sooner. It is also possible that with less resistance at home, the Democrats will give more focusat home, and the U.S. society will become more integrated than in the past, with some of the major domestic issues, such as welfare and environmental protection, to likely make significant progress over the next four years.

Then, there are the U.S. economic issues and economic policies in the Biden Era.

The United States faces many problems in the economy, but the core problem lies in the distribution of wealth, which is the cause of many social problems. The research team of ANBOUND pointed out in November 2019 that the wealth of the United States is still in the process of being accumulated in large quantities, and the real problem of American society lies in the distribution of wealth. Part of the backlash against globalization in the U.S. is also related to the distribution of wealth in American society. On this basis, we believe that welfare will be an important aspect of U.S. economic policy that needs to be addressed in the future. On November 22, 2020, we further pointed out that the transition to a welfare state could usher in a new super-boom for the United States. Contrary to the view of many that welfare is a “simple spending” policy, we believe that welfare, if properly used, will create new consumption space. In terms of health insurance, education, and consumption in the United States, we expect that a full-scale welfare transition in the U.S. would create a USD 10 trillion mega-consumer market that would potentially bring the U.S. into a new phase of rapid development while resolving social tensions.

Based on the above analysis, we believe that the core of the so-called “Bidenomics” is about the distribution of wealth and the “welfarization”. From what has been observed so far, the basic logic of “Bidenomics” is to solve the public health crisis, save jobs, reconfigure the industrial chain, overhaul infrastructure, promote an environmental agenda, build a better social security system, and promote social equality. This logic is likely to be the “core” of economic policies in the Biden Era. There were similar signals that emerge before Biden officially took over the presidency. Biden has proposed USD 1.9 trillion stimulus package to deal with the impact of the pandemic on the U.S. economy and society. Biden’s Treasury Secretary nominee Janet Yellen also called on the U.S. Congress to act more aggressively to deliver economic aid without worrying too much about the debt. “Neither the president-elect, nor I, propose this relief package without an appreciation for the country’s debt burden. But right now, with interest rates at historic lows, the smartest thing we can do is act big,” Yellen said. “I believe the benefits will far outweigh the costs, especially if we care about helping people who have been struggling for a very long time,” Yellen added. Yellen also stressed the need to rebuild the U.S. economy “so that it creates more prosperity for more people and ensures that American workers can compete in an increasingly competitive global economy.”

Concerning the foreign policy issues in the Biden Era, as mentioned above, Biden will not completely abandon Trump’s diplomatic “legacies”, rather he would build on it with some kind of “pullback”. In this process, institutionalization and systematization will be the most prominent characteristics of American diplomacy in the future. A top foreign policy priority for the Biden administration will be to rebuild relations with its allies, particularly Europe, restoring stability to the transatlantic alliance and healing the rifts that have emerged over the past few years. We believe that such rapprochement will certainly play a role and the U.S.-EU strategic alliance will not change, but it will be difficult to fully restore to the levels of the past. On many issues, such as economy and trade, market space, security, and digital sovereignty, the EU will have a stronger “sense of autonomy”. As for U.S.-China relations in the Biden era, we have argued that we should not expect the U.S. government to adjust its hardline position on China, but that the Biden administration would be more predictable in its approach to policy games, returning to the character of “the establishment”. In fact, as early as October last year, the ANBOUND’s research team pointed out in its outlook on U.S.-China relations in the Biden era that the Biden administration’s approach to several aspects of domestic and foreign affairs would generally differ from that of the Trump administration, and that while its strategic positioning of China and the policy of inhibiting the rise of China in the long term would remain unchanged, in terms of specific approaches, the Biden administration would seek a certain degree of order and geopolitical discipline to implement and enforce its policies.

In regard to the Korean Peninsula issue, we believe that in the Biden Era, it is possible for the United States and North Korea to reach a phased nuclear abandonment agreement. On Iran, the main concern is still the Iranian nuclear issue. We believe that the United States will amend Trump’s extreme policies on the issue of the Joint Comprehensive Plan of Action (JCPOA), or the Iran nuclear agreement, and some adjustment will take place. However, even if the United States can return to the Iran nuclear agreement, Iran may have to make certain concessions on the 2015 version. One of the key points may be that Iran needs to further restrict its support to the militia in the Middle East on the basis of the original version. This means that Iran’s influence in the Middle East will be significantly reduced. Regarding the issue of returning to Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), we believe that returning to CPTPP is quite attractive to the Biden administration, but it is also quite difficult. Fluctuations in U.S.-China relations will affect the process of the United States returning to CPTPP; the worse the U.S.-China geopolitical relationship gets, the less resistance the United States will have to return to CPTPP.

In addition, ANBOUND’s researchers also believe that looking from the standpoint of historical development, the Biden administration may be a transitional period for the United States to return to “normal” from the Trump Era. From Biden’s personality, age, situation and environment, we tend to think that the Biden administration is likely to be a “presidential accountability system under the leadership of Secretaries”. In such a government, it is the Secretaries of various departments, the Department of State, and the new cooperation pattern of the two parties in Congress that play a key role, rather than relying mainly on the President. In particular, Janet Yellen, the new Treasury Secretary who had served as the Chairperson of the Federal Reserve, could very well have crucial impact on the U.S. economic policy in the Biden Era.

Final analysis conclusion:

With the transfer of executive power, the United States will bid farewell to the “Trump Era” and usher in the “Biden Era”. The United States under Joe Biden will undergo considerable adjustments and changes, which are reflected in many aspects of the United States’ domestic politics, international geopolitics, economy, and foreign policy. The world will watch the new changes in the United States, and China will see a new pattern of U.S.-China relations. Changes in the United States will not only affect the world but also China’s development strategy.

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