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What If A North Korea Nuclear Crisis Should Coincide With Election Loss For Donald J. Trump?

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I hold despicable, and always have, anyone who puts his own popularity before his country.”-Sophocles, Antigone, Speech of Creon, King of Thebes

Democrat presidential candidate Joe Biden worries audibly that Donald Trump could “steal” the upcoming election, including a once-inconceivable concern that this incumbent might simply refuse to vacate the White House. Though any such expressed fear would have been preposterous prima facie in ordinary times, these are notordinary times. Indeed, if a bad election outcome should somehow coincide with a North Korean nuclear crisis,[1] the already-ominous “Biden Scenario” about Trump could prove relatively benign.[2]

The underlying and exceedingly complex strategic issues involved here will not be resolved by a politician’s whim or by intellectual faint-heartedness,[3] whether by persons already in government or those still merely “aspirational.” Inter alia, regarding nuclear decision-making in Washington, there are many intersecting circumstances that will need to be considered, including the more-or-less unpredictable effects of a stubbornly-escalating disease pandemic. Making all the densely critical issues even  more difficult to anticipate or resolve, these effects of “plague” could fall differentially (that is, equally or unequally) on the two contending nation-states.[4]

In any event, we should begin any corresponding analyses at the beginning. Concluding his Singapore Summit with Kim Jung Un back in June 2018,  President Trump returned home offering unwarranted reassurances that “there is no longer any nuclear danger from North Korea.” Though an absurd extrapolation from his visceral personal “diplomacy,” a patently absurd extrapolation, this  unsupportable comment was quickly brushed aside by trump’s solidly-ardent supporters. “What further need might Trump have,” went their corollary queries, “for intellectual preparations?” Plainly, we were then to “learn” from this president, all that could ever be needed to deal satisfactorily with a nuclearizing adversary was a proper presidential “attitude.”

Understandably, this uncannily anti-intellectual presidential stance has led to a  continuously unstable US-North Korea nuclear relationship. Since the time of the Singapore Summit, that adversarial country has actually accelerated all tangible efforts in refining and expanding its national nuclear forces and infrastructures.  Now, to wit, Pyongyang explicitly rejects any further ties or negotiations with Trump. “Never again will we provide another package to be used for achievements without receiving any returns,” said North Korean Foreign Minister Ri Son Gwon on June 12, 2020.

Though already true by definition, Gwon felt motivated to add: “Nothing is more hypocritical than an empty promise.”

Going forward, Donald Trump will have to rely upon much more than a conspicuously belligerent nationalism in this increasingly perilous dyad.[5] The core problem is that this American president, like any other “Mass Man,” a term used insightfully by 20th century philosophers Carl G Jung and Jose Ortega y’ Gasset, thinks against Reason. More precisely, in Ortega’s selective terminology, the man of the Mass or the Crowd (a comparable term favored by 19th century Danish thinker Soren Kierkegaard[6]) “has no energy to spare for Reason. He learns only in his own flesh.”

There is something to be learned here. In preparing for inevitably complex crisis bargaining with North Korea, America will require presidential leadership that thinks far beyond what is palpable in its “own flesh.” It will require leaders who read and analyze diligently rather than annoyingly turn away from all challenging strategic materials.[7] For the moment, of course, US President Donald Trump is anything but such an enlightened leader. This open loathing of all serious thought by America’s head of state is utterly obvious and unambiguous.[8]

“I love the poorly educated” affirmed Donald Trump during the 2016 campaign. This was as if to remind voters that he, an aspiring president but otherwise just like them (the “mass” or “crowd”) has no use for any serious learning, erudition or study. Why should he? Wouldn’t every problem he could face promptly melt away in the face of a proper presidential “attitude?”

There is more. In preparing for nuclear negotiations with North Korea – preparations that we  already know he will find objectionably complicated – Donald Trump will have little precedent upon which to rely.[9] When considered together with this president’s verifiably limited capacity to succeed in any complex international negotiations, the United States has much to worry about. In essence, in what quickly emerges as the “best case scenario,” Mr. Trump would gratefully hand over any moment-by-moment crisis deliberations to his most senior military and intelligence agency deputies.

For the most part, those who he had himself selected would be unequal to the preparation-requiring task. At that very late stage, moreover, it could quickly fall  disproportionately upon “the generals” to save us.  This ought not to be taken, however,  as a necessary “positive.” These military leaders, too, because of the unprecedented nature of such a nuclear crisis arising between asymmetrical adversaries, would expectedly be guided by visceral, “seat-of-the-pants” or derivative (from pre-nuclear standoffs) calculations. Among other concerns, just because the United States nuclear capacity would presumptively  be “more powerful” than North Korea’s, this would not automatically signify a US bargaining advantage.

For one thing, even a relatively “small” North Korean nuclear force could threaten and produce “unacceptable damage” to the United States or to its variously dependent regional allies in Japan and/or South Korea.[10]

None of this represents  a per se criticism of “the generals” by any means. It is merely an inescapable acknowledgment (1) that scientific probabilities must always be based upon the determinable frequency of pertinent past events; and (2) in this case there have been no pertinent past events. Whatever ultimately unravels between Washington and Pyongyang, therefore, any such genuinely unique ventures in competitive risk-taking between two unequal enemies will have to be navigated in uncharted waters.

There is still more. The experiential uniqueness would be mutual. Still, such mutuality would not necessarily prove to be in the best interests of the United States. This is because an overly confident Kim Jung Un and/or Donald Trump could generate a more-or-less uncontrollable cycle of move and counter-move, an out-of-control escalation leading inexorably toward  some mutual atomic catastrophe.

President Donald Trump and his counselors ought never forget that this sort of rapid cycle deterioration could be rendered incrementally more precarious as a result of  unforeseen interactions between one side’s fully executed moves and the other’s. In more technical terms, any such perilously opaque interactions would be known correctly as “synergies.”[11]  As there are no extant experts on nuclear war[12] – not in the United States, not in North Korea, and not anywhere on this persistently beleaguered planet – there could even emerge a hideously bewildering “synergy of synergies.”[13]

 Formally, this conspicuously indecipherable sort of multilayered and overlapping intersections is what computer scientists are sometimes apt to call “cascades.”

All things considered, whatever the relevant political context (e.g., the expected presidential election outcome), Mr. Trump should proceed in any impending North Korean crisis with exquisite prudence and a corresponding caution, recalling at every point of concession and demand the inherently limited body of available strategic thought. At the same time, he and his counselors will need to bear closely in mind that while nuclear war avoidance should remain the most important and ongoing legal objective,[14] maintaining “escalation dominance” would also be pronouncedly central to American national security. In such utterly difficult and many-sided matters, US success will require an almost unimaginably meticulous “balance,” a tenuous level of analytic equilibrium that has rarely ever been witnessed or expected.[15]

There is more. Despite his generally dismissive attitude toward learning and professional preparation, President Trump’s strategic plan for North Korea ought never be constructed ex nihilo, out of nothing.  Nonetheless, this plan, ipso facto,  must still be the intended result of assorted deductions or extrapolations drawn more or less skillfully from pre-nuclear forms of conflict management.[16] For these deductions and extrapolations ever to be up to the expectedly herculean intellectual task at hand, they must accurately represent the correctly-determined outcome of dialectical modes of military reasoning.

What exactly does this mean? Plato, in the middle dialogues, describes the dialectician as the one who knows best how to ask and then answer sequential questions. Two and a half thousand years later, even in the currently advanced computer age, it is this person or persons who should be placed in charge of reaching valid and effectively purposeful strategic outcomes. These are not people who learn only “in their own flesh.” On the contrary, they are the indispensable analysts who are vastly more comfortable with “preparations” than with “attitude.”

The conclusions are unmistakable. America’s key strategists and negotiators must employ more than “common sense” thinking or crude publicity-centered methods drawn from reality television shows or raw commerce. In essence, they must become or at least learn to become very capable dialecticians.

Among other things, this ancient scientific method of seeking answers by correct and sequential reasoning remains best suited for handling any North Korean nuclear crisis now lying ahead. To be sure, there is no elaborate computer program or algorithm that can possibly substitute for actually mastering such  disciplined reasoning. Now needed to rescue the United States from certain corollary and prospectively expanding nuclear hazards are sufficiently imaginative human beings, most notably dedicated thinkers who have long been nurtured by impressively broad sectors of knowledge and learning, not just by the latest in vogue statistical techniques or computer technologies.

There is more. In all expectedly nuanced presidential deliberations with the North Koreans, America might sometimes do better to rely, at least in part, on talented diplomats, poets, philosophers and mathematicians than on career soldiers. Significantly, in the grievously measureless history of warfare, the military professional has more than just occasionally made distressingly consequential mistakes. Looking ahead, Americans should be demanding that trained strategists carefully avoid future errors in planning what is still an altogether unique form of warfare, one for which their formal training has been largely extraneous and with which they could have had absolutely no tangible acquaintance.

For the United States, the  North Korea crisis, whether protracted or episodic, will immediately become a contest of “mind over mind,” and not just one about “fire and fury” or “falling in love.” This is no longer a time for sterile clichés and embarrassingly empty presidential witticisms. Earlier, President Trump had said of  his special relationship with Kin Jung Un: “We fell in love.”

Plainly, it has been a short and conspicuously ill-fated “romance.”

During any upcoming diplomatic struggle, belligerent nationalism from Donald Trump will offer us nothing more than gratuitous presidential buffoonery. Here, hopefully, each side, as long as it is still able to remain recognizably rational, will seek “escalation dominance” without simultaneously endangering its own national survival. If the American side should sometime calculate that its North Korean counterpart is not fully rational, the apparent incentives to undertake far-reaching military preemptions could then become overwhelming.

What then?

This occasion would not be a matter for the intellectually faint-hearted, even if the American calculation on enemy rationality should turn out to be wrong. Also relevant here would be certain understandably anticipated prospects of any North Korean plans to “preempt the preemption,” cautionary scenarios concerning anticipatory self-defense that could make compelling strategic sense in Pyongyang.[17] Predictably, President Kim’s closest military counselors could sometime seek to clarify for their leader that the United States would have considerable damage-limiting advantages to striking-first, especially while North Korea’s nuclear weapon and ballistic missile assets were still evidently in early stages of development and still relatively few in number.

If push comes to shove, especially in the midst of a dissembling presidential election, Donald Trump could decide to undertake selective military action against North Korea. In response, Pyongyang – then having no realistic option to launching certain presumptively gainful forms of armed reprisal  –  could choose to strike American military forces in the region, and/or certain other carefully selected targets in Japan, Guam, or South Korea. Them whatever North Korea’s preferred configuration of selected targets, Kim Jung Un’s retaliatory blow would  likely be designed not to elicit any unacceptably massive (possibly even nuclear) American counter-retaliations.

Assuming enemy rationality, this assumption is persuasive even if Kim were correct that he had already the required range-capacity to strike American cities. Nonetheless, amid unprecedented circumstances of in extremis atomicum, virtually anything could happen.

If Trump should sometime decide to launch a defensive first-strike, a “preemption,” perhaps as the apocalyptic apotheosis  of Joe Biden’s utterly worst fears, the North Korean response, whether rational or irrational, could be “disproportionate.”[18] In that very unstable case, one  rife with uncertain potential for a more continuously unfettered escalation, any contemplated introduction of nuclear weapons into the mix might not be rejected.

Not at all. What then?

There is more. Such an introduction would not necessarily have to originate on the American side. This sobering inference is unassailably valid, in part, because North Korea has previously displayed verifiable forms of nuclear weapons/ballistic missile capability. According to sources within the South Korean intelligence services, North Korea maintains approximately one hundred nuclear-related sites, including thirteen specific “Research Institutes.” The same sources estimate thirteen to eighteen enriched uranium warheads, and at least thirteen different kinds of missiles.

The Pukguksong 1and 2; and Hwasong – 12, 13, and 14, can allegedly reach targets up to 12,000 kilometers from launch site.[19]

In any such escalating circumstances, Mr. Trump could settle upon using a “mad dog” strategy vis-à-vis President Kim. The American leader could render himself dependent upon an untested strategy of pretended irrationality, or what I have frequently  called in my own published books and monographs (produced over the past fifty years) the “rationality of pretended irrationality.”Any such belligerent dependence, while intuitively sensible and compelling to Mr. Trump, could backfire, thereby opening up an irreversible path to certain potentially unstoppable escalations.

If, on the other hand, President Donald Trump’s defensive first strike against North Korea were recognizably less than massive, a fully rational  adversary in Pyongyang might determine that his own chosen reprisal should be correspondingly “limited.” But if Mr. Trump’s consciously rational and systematically calibrated attack upon North Korea were wittingly or unwittingly launched against an irrational enemy leadership, the response from Kim Jung Un could then be an “all out” retaliation. Plausibly, such an unanticipated response, whether nuclear or  non-nuclear, would be directed at some as yet undeterminable combination of U.S., South Korean, and Japanese targets.

Cumulatively, this sort of response could inflict substantial or even catastrophic harms. North Korea’s unconventional weapons already include biological agents (Pyongyang maintains three Biological Research Institutes within the country’s National Academy of Sciences) and chemical ordnance (currently estimated at 5,000 tons of weaponized material). Even a perfectly rational North Korean leadership could sometime calculate that all-out retaliations would make perfect strategic sense.

In facing off against each other, even under optimal assumptions of  mutual rationality, both President Trump and President Kim Jung Un would have to concern themselves with all possible miscalculations, errors in information, unauthorized uses of strategic weapons, mechanical or computer malfunctions and myriad nuances of cyber-defense/cyber-war. In other words, even if both President Trump and President Kim were abundantly capable, humane[20] and focused – a markedly generous assumption, to be sure – northeast Asia might still descend rapidly toward some form or other of uncontrollable nuclear war. If this dire prospect were not already sobering enough, it is also reasonable to expect that the corresponding erasure of a once-prevailing nuclear taboo would substantially heighten the likelihood of nuclear conflict in other parts of the globe, especially southwest Asia (e.g., Pakistan and India), and/or the Middle East (e.g., Israel and Iran).

Regarding the given Middle East scenario, a war between Israel and Iran could still be nuclear if the Islamic Republic were not yet in the Club. Here, for whatever reasons, correctly or incorrectly, lawfully or unlawfully, the Israeli side would accept the rationality of using some elements of its nuclear arms against a non-nuclear Iran.

When Pericles delivered his famous Funeral Oration, it was to express confidence in an ultimate victory for Athens. Simultaneously, as recalled by Thucydides, the Greek historian of the Peloponnesian War (431 – 404 BCE), Pericles had expressed variously deep fears about self-imposed setbacks along the way. “What I fear more than the strategies of our enemies,” lamented Pericles, “is our own mistakes.”

Today, as US President Donald Trump must prepare to face off capably with Kim Jung Un, perhaps even at a time coinciding with the 2020 election, the expected consequences of American mistakes could be vastly destructive, perhaps even authentically intolerable. It follows that in choosing a cost-effective style of escalation and negotiation with Pyongyang in such circumstances, the United States must remain wary of locking in to any lethal pattern of interaction for which the other side’s reaction must likely or invariably be deeply harmful to the United States. More precisely, Mr. Trump and his counselors must continuously and vigilantly refrain from offering any provocation for which the unpredictable North Korean adversary could then have only one “rational” response, nuclear war.

We began this informed strategic dialectic with a uniquely fearful hypothesis; that is, that the risks of a genuine nuclear crisis with North Korea could be purposely and wrongly enlarged by Donald Trump. In this plainly menacing scenario, the inexcusable presidential enlargement could sometime become unmanageable or even existential. Then, concerning the specific “Biden Scenario,” America would have opened itself up to literally unprecedented military harms,[21] the result of its wholly incapable president’s near-total preoccupation with personal image and nefarious self-promotion. Recalling ancient Greek playwright Sophocles’ Antigone, we would be reminded after the fact of what can happen when a leader places his own presumed popularity “before his country.”

Though himself entirely unfamiliar with both world and US national history, Donald Trump’s malfeasance in this worrisome scenario could prove staggering. In essence, it could represent the ultimate presidential dereliction, one displaying various egregious violations of both US Law and international law[22] and an irremediable opening to an enemy’s existential attack. Not to be ignored is that even this presumptively worst case scenario could be further  exacerbated by a still-uncontrolled biological plague.

There is only one sensible way to “give the lie” to any such intolerable outcomes. It is to ensure that Americans never again elect a president who thinks and learns only “in his own flesh.”


[1] In specifically legal terms, there would likely be jurisprudential uncertainties concerning whether or not an authentic state of war obtained. Under international law, which has long been “incorporated” into US law, the question of whether a formal condition of war exists between adversarial states is inherently unclear.  Traditionally, a “formal” war was said to exist only when a contesting state issued a formal declaration of war.  The Hague Convention III codified this position in 1907.  This Convention provided that hostilities must not commence without “previous and explicit warning” in the form of a declaration of war or an ultimatum.  See Hague Convention III on the Opening of Hostilities,  Oct. 18, 1907, art. 1,  36 Stat. 2277,  205 Consol. T.S. 263.  Presently, a declaration of war may be tantamount to a declaration of criminality because international law prohibits aggression.  See Treaty Providing for the Renunciation of War as an Instrument of National Policy, art. 1,  46 Stat.  2343,  94 L.N.T.S.  57 (also called Pact of Paris or Kellogg-Briand Pact), August 27, 1948;  Nuremberg Judgment, 1 I.M.T.  Trial of the Major War Criminals 171 (1947),  portions reprinted in  Burns H. Weston, et. al.,  International Law And World Order  148,  159 (1980);  U.N. Charter, art. 2(4).  A state may compromise its own legal position by announcing formal declarations of war.  It follows that a state of belligerency may obtain without formal declarations, but only if there exists a recognizable “armed conflict” between two or more states and/or at least one of these states considers itself to be “at war.”

[2] A North Korean nuclear crisis is used here as example because it would be both plausible and potentially catastrophic, but there are other conceivably pertinent sources of presidential deflection, e.g., an India-Pakistan nuclear crisis, and/ or a dramatic nuclear breakthrough by Iran.

[3] Anticipating political indifference to strategic complexity, Clausewitz warned presciently in his classic On War: “Everything is very simple in war, but the simplest thing is difficult.”

[4] The multiple problems here stemming from complexity and intersection bring to mind the Clausewitzian concept of “friction.” This always-sobering consideration usefully emphasizes various recurring and core elements of pertinent decisional difficulty. See Carl von Clausewitz, On War, especially Chapter VI, “Friction in War.”

[5] In this connection, one must recall Donald Trump’s core philosophy of belligerent nationalism, an “America First” dogma fundamentally contrary to the basic principles of international law.  Inter alia, international law is an integral part of the legal system of all states in world politics, and assumes a reciprocally common obligation of states to supply reasonable benefits to one another. This immutable assumption of jurisprudential solidarity is known formally as a “peremptory” or jus cogens expectation, that is, one that is never properly subject to question or reversal. It can be discovered early in Justinian, Corpus Juris Civilis, Hugo Grotius, The Law of War and Peace (1625) and Emmerich de Vattel, The Law of Nations or Principles of Natural Law (1758). Later, it was given special prominence by William Blackstone in his foundational (for the United States) Commentaries on the Law of England.

[6]The Kierkegaardian concept of “crowd” is also roughly analogous to German philosopher Friedrich Nietzsche’s “herd” or Sigmund Freud’s “horde.”

[7] See, by this writer, at Harvard Law School, Louis René Beres https://harvardnsj.org/wp-content/uploads/sites/13/2020/04/Beres_Complex-Determinations_v2.pdf

[8] In narrowly legal terms, either the United States or North Korea could (especially amid so many contextual uncertainties) commit “aggression.”  For the specified crime of aggression under international law, see: Resolution on the Definition of Aggression, adopted by the UN General Assembly, Dec. 14, 1974. U.N.G.A. Res. 3314 (XXIX), 29 UN GAOR, Supp (No. 31), 142, UN Doc A/9631 (1975) reprinted in 13 I.L.M., 710 (1974).

[9] The atomic bombings of Japan in August 1945 do not properly constitute a nuclear war, but “only” the use of nuclear weapons in an otherwise conventional conflict. Significantly, too, following Hiroshima and Nagasaki, there were no other atomic bombs still available anywhere on earth.

[10] Professor Louis René Beres is the author of some of the earliest books on nuclear war and nuclear terrorism, including Terrorism and Global Security: The Nuclear Threat (1979); Apocalypse: Nuclear Catastrophe in World Politics (1980) and Surviving Amid Chaos: Israel’s Nuclear Strategy (2016; 2018). His pertinent writings on this topic have been published in The New York Times; The Atlantic; Special Warfare (Pentagon); Modern War Institute (West Point); The War Room (Pentagon); World Politics (Princeton); Parameters: Journal of the US Army War College (Pentagon) International Journal of Intelligence and Counterintelligence; Harvard National Security Journal (Harvard Law School); Jurist; Modern Diplomacy; International Security (Harvard); Yale Global Online; The Brown Journal of World Affairs; Israel Defense (Tel-Aviv) and The Bulletin of the Atomic Scientists.

[11] See, by this writer, at Harvard Law School:  Louis René Beres,  https://harvardnsj.org/2015/06/core-synergies-in-israels-strategic-planning-when-the-adversarial-whole-is-greater-than-the-sum-of-its-parts/  See also, by this writer, at West Point (Pentagon):  Louis René  Beres https://mwi.usma.edu/threat-convergence-adversarial-whole-greater-sum-parts/

[12] In logic and scientific method, there can be no genuine “experts” on historically unprecedented events.

[13] Such bewildering interactions could shed light upon an entire global system’s degree of order or disorder, a more focused view that would reflect what the physicists call “entropic” conditions. In part, at least,  any such perspective could be dependent upon the pertinent decision-maker’s subjective metaphysics of time. For a very early article by this author dealing with linkages between such subjective metaphysics and national decision-making processes, see: Louis René Beres, “Time, Consciousness and Decision-Making in Theories of International Relations,” The Journal of Value Inquiry, Vol. VIII, No.3., Fall 1974, pp. 175-186.

[14] In precise words of Mr. Justice Gray, delivering judgment of the US Supreme Court in Paquete Habana (1900): “International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction….” (175 U.S. 677(1900)) See also Opinion in Tel-Oren vs. Libyan Arab Republic (726 F. 2d 774 (1984)).Further, the specific incorporation of treaty law into US municipal law is expressly codified at Art. 6 of the US Constitution, the so-called “Supremacy Clause.”

[15] In a still-broader jurisprudential sense, Donald Trump should be reminded that all states, but especially the leading actors, have a continuing legal obligation to “produce happiness” in world politics. Though intrinsically difficult to measure, a minimum threshold here would be to prevent overtly destabilizing prospects for expanding international warfare. Says Emmerich de Vattel, The Law of Nations (1758),  “The first general law, which is to be found in the very end of the society of Nations, is that each Nation should contribute as far as it can to the happiness and advancement of other Nations.”

[16] Under the law of armed conflict, these pre-nuclear forms – but potentially also certain post-nuclear ones – concern three categories of criminality: crimes of war; crimes against peace and crimes against humanity.  These crimes are defined succinctly but authoritatively in the Charter of the International Military Tribunal (“The London Charter”),  Aug. 8, 1945,  art. 6(a) – (c),  59 Stat. 1546, 1547,  82 U.N.T.S.  279.

[17] This peremptory principle of anticipatory self-defense has its modern origins in the so-called Caroline Case, which concerned the unsuccessful rebellion of 1837 in Upper Canada against British rule. Following this landmark case, even the serious threat of an armed attack can sometimes be taken as sufficient legal justification for defensive military action. In more narrowly technical jurisprudence, the criterion of permissibility revolves around a danger presumed to be “instant, overwhelming, leaving no choice of means, and no moment or deliberation.” Of course, during the first third of the nineteenth century, there could have been no conceivable thought of forestalling a nuclear attack.

[18] The specifically legal  principle of proportionality is contained in the rules governing the resort to armed conflict (jus ad bellum) and in rules governing the actual conduct of hostilities (jus in bello).  In the former, proportionality relates to self-defense.  In the latter, it relates to conduct of belligerency. Proportionality is itself derivative from the more basic principle that belligerent rights are not unlimited (See notably Hague Convention No. IV (1907), Annex to the Convention, Section II (Hostilities), Art. 22: “The right of belligerents to adopt means of injuring the enemy is not unlimited”).

[19] See Giancarlo Elia Valori, “How Global Powers Could Achieve a Denuclearized Korea,”  Israel Defense, June 27, 2017.

[20] Though normally not discussed in the context of strategic planning and nuclear war, human rights would be broadly affected by virtually any pertinent decisions. In this connection, the cornerstone of the human rights regime is the U.N.’s Universal Declaration of Human Rights,  G.A. Res. 217A,  U.N. Doc. A/810,  at 71 (1948).  This document, together with the following authoritative codifications,  comprise what is generally called an International Bill of Rights:  International Covenant on Economic, Social and Cultural Rights,  6 I.L.M. 360 (entered into force, Jan. 3, 1976); and International Covenant on Civil and Political Rights,  6 I.L.M.  368 (entered into force,  Mar. 23, 1976).

[21] One may think here of the High Lama’s warning in James Hilton’s classic Lost Horizon: “The storm…this storm that you talk of….It will be such a one, my son, as the world has not seen before. There will be no safety by arms, no help from authority, no answer in science. It will rage until every flower of culture is trampled, and all human things are leveled in a vast chaos….The Dark Ages that are to come will cover the whole world is a single pall; there will be neither escape nor sanctuary.”

[22] For authoritative sources of international law, see art. 38 of the Statute of the International Court of Justice: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, Done at San Francisco, June 26, 1945. Entered into force, Oct. 24, 1945; for the United States, Oct. 24, 1945.  59 Stat. 1031,  T.S. No. 993,  3 Bevans 1153, 1976 Y.B.U.N., 1052.Court of Justice: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, Done at San Francisco, June 26, 1945. Entered into force, Oct. 24, 1945; for the United States, Oct. 24, 1945.  59 Stat. 1031,  T.S. No. 993,  3 Bevans 1153, 1976 Y.B.U.N., 1052.

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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Global Warming And COP26: Issues And Politics

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The president’s massive social services and infrastructure package is under consideration by Congress.  The problem is Senator Joe Manchin, a Democrat from West Virginia.

Not only is West Virginia a coal-producing state but Mr. Manchin owns two coal companies.  Although in a blind trust operated by his son, it is clear that coal companies make money when they sell coal.

But coal is a serious polluter, possibly the worst among fossil fuels.  Any serious attempt to reduce the impact of climate change will replace coal with at least natural gas — available in abundance and emitting almost 50 percent less CO2 according to the US Energy Information Administration.

Republicans — many of whom deny global warming following Trump’s lead — adamantly oppose the plan en bloc, so Senator Manchin’s vote is crucial.  For the moment then, the fate of the planet lies in the hands of one man because, quite simply, if the US backs off, China will be relieved of pressure — also Russia which has an abundance of fossil fuels.

Hence the importance of the COP26 climate summit scheduled for October 31 – November 2 in Glasgow.  Originally planned for 2020, the meeting was postponed to 2021 due to the pandemic.  The town is preparing for an influx of 25,000 people as lobbyists, conference attendees and demonstrators arrive. 

It is an interesting meeting, liked by some to a teacher requiring a class to prepare and bring term papers.  The 200 countries represented will be bringing their plans to meet the goals of the Paris accords.  These require the signatories to commit to enhance ambitions every five years — thus 2020 postponed to 2021 — under the so-called ‘ratchet mechanism’.  The Paris Accords aimed to limit global warming to less than 2 degrees Celsius and to aim for 1.5 degrees Celsius.

As often, people leak documents to help their agenda.  This time a huge leak shows how important fossil fuel using and producing countries are attempting to modify a crucial scientific report.  Oil producer Saudi Arabia, coal producer Australia and heavy user Japan are among those questioning a rapid change from fossil fuels.  Saudi Arabia for one also lobbied previously in 2015 with some success.

This time the lobbying effort consists of more than 32,000 submissions (by governments, corporations and other interested parties) to the team of scientists preparing scientific reports designed to coalesce the best science on tackling global warming.  One can imagine the headache for the scientists, who for the most part have a regular job, often as professors.  Produced as “assessment reports” by IPCC (the UN’s Intergovernmental Panel on Climate Change) these represent a consensus of the views of different governments, and are used by them to decide what action will be needed. 

The many bodies involved, the complicated murky politics and the enormous pressure from different parties all point to the crucial fact that billions of dollars are involved now in today’s dollars versus promises of a better and distant future.  We can only hope we have  decision makers with foresight, and leaders without Trumpian climate change ignorance and excess.

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America’s Two-Tiered Justice System

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The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law.” The Fourteenth Amendment in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of government must operate within the law and provide fair procedures to all its citizens.

In this politically divisive climate, the central promise has been broken with little to no assurance that one can trust the American democratic system where some courts have disavowed their responsibility to uphold the Constitution’s meaning of the laws passed by Congress. For instance, the Bill of Rights was passed because of concepts such as freedom of religion, speech, equal treatment, and due process of law were all deemed so fundamental to protect every legal resident in the nation; yet we are now witnessing politically charged judicial appointments eradicating these principles under which all persons and entities are accountable to equally enforce and independently adjudicate, as well as being consistent with international human rights.

On the heels of the Chinese coronavirus, there is an escalating epidemic of unequal justice and character assault where much of the news media is politically aligned with the rulers in turning a blind eye or complicit in the coverup; and in some cases, ravenously endorses the demise of what has essentially now become political dissidents falsely accused, intimidated, and jailed. While many Americans are attempting to scrape by in difficult times, they remain astute to the moral failure of the elites in power as well as the tacit elected opposition’s assiduous silence in whitewashing the legal duplicity. Historical trends over centuries of betraying the peasants eventually succumbs to a reckoning where the privileged corrupt politician and their corporate fascists will be exposed and held accountable in some fashion.  

Americans are confounded by the coronavirus decrees requiring masks to be worn for thee and not for me double standards. The politicians hammer away at enforcing mask mandates on the common folk, yet they do not adhere to their own edicts while attending fine dining with their elite backers. Speaker of the House Nancy Pelosi, Californian Governor Gavin Newsome, and Chicago Mayor Lori Lightfoot all violated their own mask mandates in public venues while the masked servants waited on them.

President Biden was caught on video walking maskless through a swanky Washington restaurant in violation of the District’s laws on facial coverings, yet regular citizens are subject to civil penalties which result in fines of $1000.00 or revocation of licenses during the COVID-19 emergency. In defending the emperor, White House press secretary Jen Psaki said we should ‘not overly focus on moments in time that don’t reflect overarching policy.’ These double standard by the progressives are a far cry from Americans being punished and ostracized all over the country for not wearing a mask.

Identity politics has resulted in two systems of justice – one where BLM rioting and looting is described by the media as peaceful demonstrations and where assaulting police has no criminal consequences; yet the January 6th actions at the Capital has resulted in the largest round up of protesters ever seen in America. It is estimated that the Federal Government has upwards to 70 rioters/trespassers in solitary confinement and they are only let out in a larger area for one hour at 2 am due to COVID. Some of those being held in detention have been charged with trespassing on restricted grounds, others with assault and obstruction, and some haven’t been charged with anything. There are no bail hearings for these political activists yet BLM and Antifa rioters typically spend one night in the brig and let out the next day to rejoin the frontlines of carnage.  

Senate Majority Leader Chuck Schumer has vocally pushed for the January 6th ‘insurrectionists’ to be added to the TSA no-fly list. Civil liberties are being trampled by exploiting insurrection fears with people in attendance no longer permitted to take a flight in their own country and they have not been convicted of a crime. This action by the government had previously only happened to suspect foreign terrorists, and now it is happening to Americans under suspicion. We see no similar actions taken against the militant Antifa anarchists who attacked and torched federal buildings in Portland.

Washington DC has essentially been abusing these inmates in captivity. There have been complaints on the nourishment of their fellow Americans where they are served white bread and a packet of tartar sauce. This is ultimately a violation of the 8th Amendment that prohibits the federal government from imposing excessive bail, nor cruel and unusual punishments, and from inflicting unduly harsh penalties. Some judges are expressing concern at the length of these pretrial incarcerations, however they’ve largely deferred to the Justice Department. Meanwhile anarchists who burn down buildings and shoot projectiles at police officers and federal buildings have charges dismissed. Justice is not equal.   

One female trespasser was shot dead by police during the Capital unrest and there was no outcry or charges against the officer. She was white and a Trump supporter. Federal prosecutors are not seeking criminal charges against the police lieutenant whose single shot killed Ashli Babbit, the 14-year veteran who served four tours with the US Airforce. If the unarmed Babbit committed any crime, it would have been for trespassing, a misdemeanor that should have seen her arrested and not slain. The lieutenant’s life was not at risk nor was he saving the lives of others as he stood with numerous police officers in riot gear and strapped with submachine guns. If a member of BLM was shot dead by police during an unlawful riot, there would have been an immediate racial outcry from political elites and from across the news media for justice followed by looting local retailers and ransacking a police precinct. The action by BLM is considered righteous violence whereas the slain Babbit had it coming to her.  

On a very disturbing and new level of injustice is the threatening actions being taken against parents of schoolchildren by the Department of Justice. Most Americans are familiar with the Patriot Act following 9-11 where the National Security Division conducts counterterrorism operations against foreign adversaries planning suicide bombings and stealing nuclear secrets. Now the Biden Administration, under Attorney General Merrick Garland, has turned the NSD’s crosshairs against everyday Americans conducting their civil duties and free speech as school board meetings.

Garland’s actions followed the National School Boards Association’s (NSBA) claim that American public schools and its education leaders are under immediate threats and intimidation as parents grow frustrated over the divisive neo-Marxist Critical Race Theory being injected into their children’s curricula. This is clearly an injustice to weaponize the DOJ and FBI investigators to intimidate and arrest parents under the same counterespionage to that of Al Qaeda and ISIS. Parents may be angry, but they are certainly not domestic terrorists in taking on the powerfully partisan school unions who somehow believe they are justified to influence civilization by indoctrinating their children.        

Garland’s poster boy for his hideous partisan support of the NSBA is a Virginia father who was arrested at a school board meeting when he attempted to raise the alarm over his young daughter being raped in the school washroom. The father became the symbol of angry parents confronting school officials when he was taken down by several police officers and apprehended for disorderly conduct and resisting arrest. He became vocally upset when school officials denied the attack on his daughter, but he was not physically confrontational.

The father said it is scary that our government will weaponize themselves against parents and they’re using my video across the nation to spread fear; while the school officials did not seem to want to listen to him regarding his daughter being assaulted by a boy wearing a skirt who took advantage of transgender rules to access the girl’s washroom. The boy has now been charged with two counts of forcible sodomy, one count of anal sodomy, and one count of forcible fellatio related to the incident at that school. At a later date, the same boy was charged for a similar attack at neighboring school where he allegedly forced a victim into an empty classroom where he held her against her will and inappropriately touched her.  Regardless of the raped daughter, Garland and the NSBA still have their video of the father being wrestled down to support the use of the FBI against parents and send a chilling effect on harmless dissent.  

The Russian collusion narrative against then President Donald Trump may seem dated, however it can never be swept aside or forgotten in what may well have been the biggest political scandal and injustice to a man in American history. The country endured four years investigating Russian collusion into the legitimacy of Trump’s 2016 presidential win with senate and congressional impeachment hearings over a Clinton-paid-for fake dossier, the biased Obama hatchet men overseeing the FBI and CIA shirking the law, a frenzied media that never let up on Trump’s guilt, and a special counsel comprised of Clinton partisans that turned over every leaf that eventually found the nearly crucified Trump to be innocent of the false charges. The former president had to withstand an incessant blitzkrieg of injustice through his entire presidency while leading the most powerful country in the world.   

On the hand, there is compelling evidence that President Joe Biden spent years while in government enriching himself through family ties, specifically his son Hunter, to the tune of millions of dollars in foreign money from China, Russia, and Ukraine. The foreign players simply used the unqualified son to leverage access to Biden while satisfying Hunter’s greed and questionable lifestyle. Biden has little to no ability to stand up to China or Russia knowing they are holding damaging transactions over his head. There have been no investigations into Biden’s quid-pro-quo against Ukraine or the transfer of tens of millions of dollars to Biden family members, no impeachments, and the news media buried these stories; including damaging information found on Hunter’s laptop during the 2020 presidential election. Had Trump and his sons engaged in these activities, there would have been a very different level of justice.   

What of this injustice that is making its mark on history? If we take a moment to think through the confusion of the moment and see the morale issue involved, then one may refuse to have this sense of justice distorted to grip power rather than for the good of the country. Those who have sown this unjust wind may eventually reap a whirlwind that provokes reform by convulsion of the people instead of a natural order of business. We must all remember that democracy lies with the people of this land and whether the nation will be stirred to stand for justice and freedom in this hour of distress and go on to finish in a way worthy of its beginning.  

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Biden’s Department of Justice: parents as domestic terrorists

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In recent developments in the United States, US Attorney General, Merrick Garland, and the FBI have put under the FBI radar parents as potential domestic terrorists. You heard it right. This is now a new formal legal policy contained in memos of the Department of Justice trying to reign in parents discussions on Biden’s new school curricula. They are not going after potential outbursts but outright terrorism. 

This is an attack on freedom of speech in the sense that parents have the right to discuss and disagree with the new Biden school curricula. This is where the issue originated: parts of Biden’s new school curricula are not accepted by many parents and if they disagree, the FBI treats them now as potential domestic terrorists as a matter of policy. Apart from a First Amendment case, this is also a case for international human rights law and I reported the development to the UN Special Rapporteur on freedom of speech this week hoping to get a statement.

The Department of Justice is referring to some constitutional provision on “intimidation of views” to override and take down one of the most firmly established rights, the right to freedom of speech, in quite frankly a ridiculous interpretation. Those parents that dare to speak up against controversial parts in the new text books could be investigated for domestic terrorism. This is the most incompetent interpretation on limitations of freedom of speech I have seen in awhile. 

Garland and the FBI have totally lost their marbles. The woke discussion is not funny to me anymore. It increasingly looks like a woke tyranny that has nothing to do with rights and equality anymore but simply serves as a vehicle to empower the FBI to run wild against regular people. This lunacy needs to be stopped.

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