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U.S. RESIST NEWS PRINCIPLES OF DEMOCRACY
U.S. Resist News Op Ed. | April 2023
U.S. Resist News
Democracy in the United States is under attack. Donald Trump demonstrated that you could be President and yet disregard the political and legal norms and values that made the US a symbol of what it means to be a democratic country.
An Early Look at the 2023 Kentucky Governor’s Race
Brief #74 – Elections & Politics Policy
by Ian Milden
Kentucky is one of three states to elect Governors in the year before the Presidential Election. Incumbent Governor Andy Beshear (D-KY) is running for re-election with strong approval ratings, but the strong Republican partisan lean of Kentucky makes it challenging for any Democrat to win there.
Meta’s Oversight Board Invites Comments on Martyrs
Brief #83 – Technology Policy
by Mindy Spatt
Meta’s Oversight Board has taken public comments on the way its platforms treat the Arabic word “Shaheed”, often deleting it from posts by posters Meta has deemed dangerous.
Child Labor Laws are Not Meant to Be Broken
Brief #146 – Social Justice Policy
by Steve Piazza
Child labor laws have been in place in the U.S. since the signing of the Fair Labor Standards Act of 1938 (FLSA). Protections against abuses such as excessive hours worked and hazardous jobs are governed both by federal and state regulations.
Governor Whitmer Repeals Michigan’s 1931 Law Banning Abortion
Brief #160 – Health & Gender Policy
by Arvind Salem
On April 5, Governor Whitmer overturned Michigan’s 1931 law banning abortion. While the law was not in effect, its repeal represents a massive victory for abortion supporters across the state.
The Ukraine Crisis: Situation Update: #22
Brief #179 – Foreign Policy
by Abran C
The online leaks of highly classified documents on a number of sensitive military information, including info on the Ukraine war, has sent top Pentagon officials scrambling this week.
Why The Republicans Got It Wrong Expelling Democratic State Legislators In Tennessee
Brief #203 – Civil Rights Policy
by Rodney A. Maggay
On March 27, 2023 a shooter entered The Convent School in Nashville, Tennessee and killed six people. Three of the victims were nine – year old students with the other three victims adults who were employees of the school.
It’s Past Time to Overhaul the Federal Election Commission
Brief #73 – Elections & Politics Policy
by Ian Milden
The Federal Election Commission (FEC) is supposed to be the primary regulator for federal campaigns. However, the structure of the organization has made it dysfunctional for years.
Beyond the Headlines: A Closer Look at the Charges Facing Donald Trump
Brief #72 – Elections & Politics Policy
by Arvind Salem
On March 30, 2023, after months of deliberation, a Manhattan grand jury indicted former President Donald Trump, making him the first president to be indicted, sending shockwaves throughout the United States.
Ukraine’s Effort to Maintain Its Infrastructure
Ukraine’s Effort to Maintain Its Infrastructure
Foreign Policy Brief #161 | By: Yelena Korshunov | December 20, 2022
Header photo taken from: Vladyslav Musiienko / Reuters
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Photo taken from: pravda.com.ua
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There is another day in the city of Odessa when people are surviving without water, power, and heat. It is 34F on the streets and a little bit warmer in apartments. Adults throw extra blankets on children and wrap themselves in another layer. How long have they been living in this cold and darkness, just trying to survive? A week, a month? In the chilly morning some of them go to work. It’s cold there as well. However, power generators work 7/24 in hospitals, precincts, and some stores.
Odessa is one of many Ukrainian regions where energy infrastructure has been continually destroyed by Russia’s missiles. Last time it was fixed and almost restored within a week, and right after that another boost of missiles turned Ukrainians back to darkness and cold. Municipal electric transport doesn’t work due to the energy deficit. It’s the holiday season there as well, but this year it’s so different for Ukrainians from what we have on the peaceful land.
Photo taken from: meduza.io
In Odessa, after the Russian attack on energy facilities, more than one million residents were left without power. On the morning of December 10th the Ukrainian military said that power sites were attacked at night by kamikaze drones again. There were also emergency power outages in the entire Odessa region. Millions across the country experienced the same condition. Russia has been regularly shelling Ukrainian energy infrastructure since October, leaving populated areas of Ukraine without electricity, water and heat.
On December 13, a fragment of the program “Vesty with Alexei Kazakov” on Russia’s state TV channel “Russia 24″ was distributed on mass media. In it, TV anchor Alexey Kazakov and Evgenia Petrukhina mockingly talked about the difficulties Ukrainians face due to regular power outages, not mentioning that they were caused by Russian strikes. “There is a shortage of generators in Nezalezhnaya (”Independent” in ukr.) … But even those who have generators do not have a peaceful life. After all, generators are stolen. … The life of a Ukrainian now generally looks like this. Charging phones in stores. Dinner by candlelight. It’s almost romantic, but it only takes about an hour to reheat the food in this way. But the man is forced to shave next to the ATM. … Another example is that it is possible to remain hairless if you dry your head over a gas stove.
And this is in the best case. There are more and more news reports about carbon monoxide poisoning…”- humiliate Russia’s reporters – “For almost a week, the city of Nezalezhnaya (”Independent” in ukr.) has been in the dark. … Simple Ukrainians cannot afford complex cooking now: even 100 milliliters of water (half a glass) will boil for at best 40 minutes on a candle flame… And Russian borscht, which Ukrainians love very much, is impossible to cook purely physically without generators, gas stoves or bonfires… But even in such a situation you can see your advantages. Without classic stoves, it is difficult to fry meat with spices or bake flour, and this is harmful. Why not take advantage of the situation and switch to healthier and simple food? After all, the recovery of Ukrainian society is the main goal of strikes on the Nezalezhnaya (”Independent” in ukr.) power system.”
Photo taken from: gazeta.ua
“The main thing today is energy. During the day, we managed to restore electricity to almost 6 million Ukrainians. Repair work continues without a break after yesterday’s attack by terrorists. Russia does not spare resources for the war against our people – precisely against the people, against all Ukrainians, from Lutsk to Kharkov, Sumy to Odesa region,” the head of state said.
Zelensky reported that there are problems with the supply of heat and water. “Thank you to all our energy workers, everyone who works to provide heat and water, everyone who repairs communications damaged by shelling and restores normal life every time, no matter how the terrorists try to leave us in the cold and in the dark. The terrorists will still lose.”
House Republicans’ Inability to Select a Speaker Foreshadows How They Will Govern
House Republicans’ Inability to Select a Speaker Foreshadows How They Will Govern
Elections & Politics Policy Brief #48 | By: Ian Milden | December 20, 2022
Header photo taken from: Chip Somodevilla / Getty
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Photo taken from: Mary F. Calvert, Reuters
Policy Summary
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The new terms for members of Congress will start in a few weeks. Current House Minority Leader Kevin McCarthy (R-CA) has yet to secure enough votes to become the next Speaker of the House. This brief will explain why he doesn’t have the votes yet and what it could mean for the next two years in the House of Representatives.
Policy Analysis
To become the Speaker of the House, someone must secure the votes of a majority of its 435 members. Unless there are multiple vacancies, that means someone will require 218 votes to become the Speaker. There will be one vacancy at the start of the new Congress due to the passing of Congressman Donald McEachin of Virginia, but this should not affect the math for the House Speaker vote. The House can not proceed with other business until a new Speaker is selected.
Due to the results of the 2022 mid-term elections, Republicans will control 222 seats. This means that Republicans have enough votes to select the new Speaker, but they must get the agreement of almost all Republican members. Usually, a new Speaker will have the votes secured by this point. However, Kevin McCarthy is facing vocal and public opposition from at least five Republican members of Congress, which is enough to prevent him from becoming the next Speaker. Donald Trump has asked these members to drop their opposition to McCarthy, but that does not seem to be changing their minds.
The Republican members of Congress who are opposed to McCarthy want to reinstate the ability of individual members to request a vote to replace the Speaker at any time. This would make the Speaker more responsive to the individual demands of members of his party. Both moderate and ideologically conservative members of Congress could use this to pressure the Speaker, which would make it challenging to pass legislation considering that the two wings of the party have divergent goals.
There are moderates who are interested in passing legislation and working with Democrats as needed, while other members will prioritize ideological goals and self-promotion at the expense of serious legislative activity. Regardless of whether McCarthy or anyone else makes this concession, whoever becomes the next Speaker will face pressures from both ends of the Republican Party on legislation and political strategy.
Photo taken from: Steve Helber / The Associated Press
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McCarthy has tried to become the Speaker before. He was the House Majority Leader when John Boehner resigned. McCarthy tried to become the new Speaker, but the more ideological members of the Republican majority refused to support him, which resulted in Paul Ryan becoming the Speaker after McCarthy withdrew from consideration. This time, McCarthy is dealing with a slimmer majority and less political capital due to Republicans’ weaker-than-expected performance in the 2022 mid-term elections. McCarthy may have to withdraw from consideration again if he can’t secure the votes to become the Speaker of the House.
If McCarthy doesn’t become the Speaker, Republicans may struggle to agree on an alternative. The position is likely less desirable at the moment due to the pressures from within the Republican party and the lack of a durable majority. Democrats may only have to make minor adjustments to their campaign strategy to retake control of the House in 2024.
Given that the Republican majority may not last, a compromise candidate for Speaker might indicate plans to retire at the end of their term to secure the job. It would be possible for House Republicans to pick someone who is not a current member of the House to be the Speaker, but this would be an unprecedented and unlikely outcome. As I previously stated, the House can not proceed with other business until a new Speaker is selected.
The failure of House Republicans to agree on the next Speaker has implications for governing. It will be challenging to get passable legislation out of the House. Legislation that is passed on a party-line vote will likely die in the Senate since it is controlled by Democrats. Republicans may not be willing to compromise on significant legislation as Republican leaders have been reluctant to bring any legislation up for a floor vote when it did not have broad support within the Republican Party.
Republican leaders have had to bring legislation to the floor that significant portions of Republican members disliked to keep the government open and funded. Given the reliance on continuing resolutions to fund the government due to the inability to pass a budget, the chances of a government shutdown occurring are higher for the next two years.
The Week That Was # 1
The Week That Was #1
Foreign Policy Brief #160 | By: Abran C | December 19, 2022
Header photo taken from: The Associated Press / Andy Wong
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Photo taken from: The BBC / EPA
A new series to catch you up on the top stories that occurred around the world last week.
US-Africa Summit
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President Biden hosted a US-Africa summit last week with 49 African leaders in Washington DC. It is the first such gathering in eight years, it comes after a strenuous time with African leaders’ relationships with former president Trump’s who alienated many leaders with controversial policy decisions and insulting comments. Africa, a continent with 1.2 billion people, only accounts for just over 1% of US foreign trade.
Biden announced billions of dollars in US support and investments in Afrian countries. The US is also set to sign a memorandum with the African Continental Free Trade Area, which would be one of the world’s biggest free-trade areas and open both the US and African markets to each other. President Biden also said he would back the African Union’s admission as a permanent member for the G-20, which would be a major step in recognition of the continent’s global importance.
The summit is the US’ attempt to re-establish its influence and counter China’s growing investment and presence on the continent. President Biden spoke optimistically of improved links with Africa and telling those gathered that “when Africa succeeds, the United States succeeds”.
China’s Covid-19 Surge
Photo taken from: Reuters
China is expecting a widespread Covid-19 outbreak as the country lifted its long-standing zero-Covid policy. The policy has been widely unpopular among Chinese citizenry, even sparking protests where there were calls for the Chinese president, Xi Jinping, to step down. The zero-Covid policy also meant that economic growth stagnated because as entire cities were shut down to keep the virus from spreading, people were unable to go to work, businesses were unable to open, and trade ground to a halt. China is now facing what will probably be the world’s largest surge of the pandemic as the zero-Covid policy gets lifted.
China’s public health officials state that possibly 800 million people could be infected with the coronavirus over the next few months and predictions are that half a million people could die. The reason is that the population has very little immunity to the multiple strains of the virus and are now in danger of serious illness as the majority of people have never been infected and vaccination rates are low.
Until recently China has focused on city wide quarantines, mass testing, and travel restrictions to keep the virus at bay. Thus, over the course of the pandemic, where much of the world got infected, most people in China were kept from getting sick with variants that have spread over the last three years and now pose a great threat to the Chinese public.
North Korea ICBM Test
Photo taken from: Reuters
North Korea last week tested a high-thrust solid-fuel intercontinental ballistic missile (ICBM). Compared to liquid propellant missiles, those that use solid-fuel are quicker, more mobile, and can be launched with little to no preparation time. North Korea has conducted numerous missile tests this year, including an ICBM capable of reaching the mainland United States despite international bans and sanctions. The latest test came as International Atomic Energy Agency chief, Rafael Grossi, was in South Korea for talks with officials. During the talks, he vowed an all-out effort to stop North Korea’s nuclear programme. The ICBM tests come on the heels of growing tension on the peninsula.
Earlier last month joint military drills between the US and South Korea angered the North and prompted more displays of military might. South Korean and US officials have also claimed that the North is likely working towards conducting a nuclear test, which would be the first since 2017 and poses serious threats to the environment and human health.
The increased tests by North Korea has also led Japan to increase its military budget, its largest military buildup since the second World War. The five-year plan, once unthinkable in Japan which renounced military provocation following its defeat and atomic bombing in WWII, would make the country the world’s third-biggest military spender after the US and China.
Protests in Peru
Photo taken from: Alessandro Cinque / Reuters
Recently ousted Peruvian president Pedro Castillo, who was impeached after he announced plans to dissolve congress and install an emergency government, has been sentenced to an extra 18 months of pre-trial detention. The office of Peru’s Attorney General said Castillo had been arrested for the alleged crime of rebellion, “for violating the constitutional order”. Castillo supporters have been gathering outside the jail where he is detained, holding up banners calling for the resignation of new President Dina Boluarte and for Congress to be closed.
Unrest from the protests has affected the country’s tourism industry. Around 5,000 tourists are stranded in Cusco after the airport was closed when protesters attempted to storm the terminals. Thus far, at least 15 people are reported to have been killed in clashes with police during a week of protests. Peru has suffered through years of political instability and recent events demonstrate the deadly nature of the turmoil.
The Ukraine Crisis: Situation Update #17
The Ukraine Crisis: Situation Update #17
Foreign Policy Brief #157 | By: Abran C | December 16, 2022
Header photo taken from: Nation World
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Photo taken from: Michael Probst / Associated Press
This is the latest in a series of updates on the fast-breaking developments in the Russia-Ukraine conflict.
US-Ukraine Military
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The US military has announced that it would be expanding its training of Ukrainian military personnel in Germany. Pentagon spokesman Brigadier General Patrick Ryder said the new training would include approximately 500 Ukrainians per month and would not require any increase in US troop deployments to Europe.
Additionally, this week the US also announced it would send the Patriot air defence system to Ukraine, something Ukrainian President Zelensky has sought out for some time. Though the system is often deployed as a battalion which includes four batteries, Ukraine will be receiving only one. The weapon system is a long range air defence system that counters missiles. The Patriot system costs about four million dollars per round and the launchers themselves cost 10 million each and thus are not very cost effective to combat the dramatically cheaper and more expendable Iranian drones that Russia has been using in its strikes.
A Patriot battery also needs as many as 90 troops to operate and maintain it. There has been a stumbling block for months in providing the complex system because sending the forces equipped to use the system into Ukraine to operate it is a non-starter for the Biden administration. The increased training the US has committed to providing to Ukranian troops will likely aid the ability of Ukraine to use more advanced weaponry, though this also will likely anger Russia and cause more friction between Moscow and Washington. Russia’s embassy in Washington said the proposed transfer was provocative and could lead to “unpredictable consequences”.
War in the Winter
Photo taken from: Reuters / Mykola Synelnykov
The past few weeks have seen fierce fighting throughout Ukraine without significant changes in captured or liberated territory. Additionally neither side has shown any willingness for negotiations despite the stalemate. Russia on Monday fired 70 missiles into Ukrainian cities such as Kyiv, Vinnytsia and Odessa. Sixty of the 70 missiles were intercepted, but those that did hit their targets further damaged energy infrastructure, which in some cases had just been fixed after being previously struck.
Russia said the strikes were in retaliation for Ukraines strike on two military bases hundreds of miles deep into Russias borders, the deepest attack into Russian territory thus far. As a result of Russias strikes more than 1.5 million people in Ukraine’s southern Odesa region are now without power as winter is in full swing. Russia continues to attack energy infrastructure in order to impose blackouts and use the frigid Ukranian winters as a weapon of war.
Ukraine for the first time revealed numbers of its military deaths which currently stand at 10,000 to 13,000. Additionally the UN estimates the number of civilian deaths to be at about 17,000, a figure believed to be an underestimation. A third of the population or 14 million people, remain displaced as a result of the war: 6.5 million inside Ukraine and more than 7.8 million in the rest of Europe.
Prisoner Swap
Photo taken from: The Associated Press
On December 8, 2022 US basketball star Brittney Griner was released from prison in Russia in exchange for Russian arms dealer Viktor Bout who was serving a 25 year sentence in the US. Bout also known as the “merchant of death”, was implicated in violating multiple UN arms embargoes in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. Since returning home it is reported that Bout has joined the Russian ultranationalist Liberal Democratic Party (LDPR). The LDPR espouses hardline ultranationalist ideologies such as demands that Russia reconquer the countries of the former Soviet Union.
In recent years, the party has assumed a subordinate role in Russia’s political system but provides token opposition to Putin’s ruling United Russia party, while remaining aligned with the Kremlin on most issues. In Russia, Bout’s release was viewed as a victory for the Kremlin and proponents of the war in Ukraine. Meanwhile, President Joe Biden in addition to praise for bringing an innocent pawn in a game of geopolitics home, has also faced criticism for agreeing to the exchange at all, with critics citing the huge disparity in the severity of charges against Bout and Griner.
Legislative Priorities for the New Congress, Part 2
Legislative Priorities For The New Congress, Part 2
U.S. Resist News Op Ed | By: U.S. Resist News | December 15, 2022
Header photo taken from: iStock Photo
Read Part 1 Here
Photo taken from: CNN
Foreign Policy
Photo taken from: Reuters /Lintao Zhang / Pool
Although Congress is still largely supportive of Ukraine’s war against Russia, there are some Senator and Representatives who feel we have done enough and need to scale back. (And there also are a few crazy Republicans with pro-Russian sentiments).
At U.S. RESIST NEWS we feel it is time to explore the possibilities of a negotiated end to the conflict or, at a minimum a cease-fire. Too much blood has been spilled and both sides seem determined to keep fighting no matter what. Congress should support efforts to bring together a conference of the parties and explore whether an agreement can be reached to bring an end to the fighting.
President Biden and Congress also need to speak out more forcefully in support of the wave of protests that seem to be engulfing many autocratic countries, such as China, Iran, and Russia. The President often notes that we are in the midst of a global battle between autocracies and democracies. This battle will only be won if citizens of autocratic countries advocate for democratic reforms. Declarations of support for the universal right to protest will encourage them to do so.
Technology
Photo taken from: PYMNTS
The seemingly all intrusive use of Internet and social media technology in our lives is one of the most overlooked areas of US public policy. Congress has been reluctant to step in and regulate large technology companies like Amazon, Apple, Google and Microsoft. The power and monopolistic wealth of these companies has grown unchallenged. They have abused our rights as citizens with their intrusion into our private lives, and they threaten our democracy with their support of the spread of misinformation and hatred.
The European Union’s Digital Services Act (DSA) and Digital Markets Act (DSM) offer a model for the US to emulate. These Acts aim to create a safer digital space where the fundamental rights of users are protected and a level playing field for businesses is established.
US based technology companies operating in Europe are subject to the provisions of the DSA and DSM and already several of them, e.g. Microsoft, have been fined for their violations of these Acts. There are rumors that members of Congress on both sides of the aisle are looking into adopting components of the EU regulations to the US.
While regulating technology’s abuses of our right to privacy seems possible, we still have a long way to go in regulating technology’s spread of misinformation, hatred and violence. As far as we know there have not been any efforts to date to introduce legislation that addresses this issue though there is a great need to do so.
Marriage and Reproductive Rights
Photo taken from: Jonathan Ernst, Reuters
The Supreme Court’s overturn of Roe v. Wade earlier this year resulted in many state banning the 50 year old right to an abortion. This had led to a large-scale backlash against the court’s decision; a backlash that influenced the success that Democrats had in the recent mid-terms.
Unfortunately the makeup of the new Congress will not enable it to pass a law to reverse the Court’s decision. Instead the efforts of pro-abortion supporters has switched to the States. In recent months several states—-e.g. Michigan, Colorado, Kentucky—— have passed laws enshrining a woman’s right to an abortion in their constitution. We expect more will do so in the coming months.
The Supreme Court also has expressed interest in curtailing LGBTQ rights, which has led Congress to just pass the Respect for Marriage Act. The Act requires the government to recognize the validity of same-sex and interracial marriages in the United States, and protect religious liberty. However it does not go so far as to require states to permit same-sex marriages, which is what has left some progressives disappointed. Instead, it requires the federal government to recognize same-sex marriages performed in states where they are legal.
The Economy
Photo taken from: Associated Press / Steven Senne
The economy should be front and center on the minds of most politicians. It usually is the issue most acutely on voters’ minds and on which many elections are won and lost. (The recent mid-term elections being an exception due to the importance of abortion rights as an issue, the prevalence of many hard-to-elect crazy Republican candidates, and the conflicting data on the status of the economy.)
In the short term-there are immediate economic policy decisions that law-makers need to make such as funding to keep the government in operation and extending the debt ceiling. While these issues often are an excuse for grandstanding by a few Senators and Representatives, they stand a good chance of passing as no one wants to be put in the position of shutting down the government or having the US default on its debt.
There are other more contentious economic issues that are likely to get a hearing by the new Congress but will probably not have enough support to result in the passage of new legislation. These include a tax on billionaires, and right wing plans to reform of social security. Efforts to rein in inflation through the use of monetary and fiscal policy, with the White House and Federal Reserve taking the lead, will no doubt continue.
Court of Appeals For The Eleventh Circuit Takes Down Judge Cannon’s Mar – a – Lago Rulings
Court of Appeals For The Eleventh Circuit Takes Down Judge Cannon’s Mar – a – Lago Rulings
Civil Rights Policy Brief #198 | By: Rodney A. Maggay | December 10, 2022
Header photo taken from: U.S. Department of Justice / Handout via Reuters
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Photo taken from: Alon Sky / AFP via Getty Images
Policy Summary
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On December 1, 2022 the United States Court of Appeal for the Eleventh Circuit issued its ruling in the case Trump v. United States of America. The case was an appeal from the United States District Court for the Southern District of Florida and is popularly known as the Mar – a – Lago documents case.
The case stemmed out of the efforts of the National Archives and Records Administration’s (NARA) efforts to retrieve sensitive classified information from President Donald Trump after his presidential term came to an end in 2021. It was believed that these documents were at President Trump’s personal residence in Mar – a – Lago, Florida. After months of negotiations and requests for extensions for return of the documents by President Trump, the FBI executed a search warrant at Trump’s home in August 2022. The search resulted in the recovery of 22,000+ documents including over one hundred documents labeled confidential, secret or top secret.
Subsequently, Trump brought a lawsuit in the United States District Court for the Southern District of Florida asking for judicial oversight of the search as well as for additional relief including the appointment of a special master to review the documents seized. In a series of questionable rulings, the district court allowed the appointment of a Special Master to review the documents seized and prohibited the government from reviewing the documents. The government appealed those orders, which temporarily stayed the orders from going into effect. Finally, the appeals court ruled on the merits of the appeal and ruled unanimously 3 – 0 that the district court could not block the U.S. from using lawfully seized records in a criminal investigation. LEARN MORE
Policy Analysis
While the government search at Mar – a – Lago generated alot of sensational news – search of a former President’s residence, classified documents containing nuclear information and a special master appointed to review the seized materials – the appeals court issued a rather ordinary, but still important ruling. The appeals court did not need to thoroughly address the most newsworthy aspects of the case but instead issued a ruling on a procedural element of the case. The case came down to whether the federal district court had jurisdiction to hear the case.
The appeals court applied the four factors of a test from the case Richey v. Smith. That case only allows a district court to hear a suit concerning the seizure of personal property if 1] the government had a “callous disregard” for a plaintiff’s constitutional rights, 2] whether the plaintiff has an individual interest and need for the return of his personal property, 3] whether the plaintiff would suffer an irreparable injury if he is denied the return of his property, and 4] whether there is an adequate remedy at law for the plaintiff.
The court ruled against the President in all four of the factors in its examination of the facts of the case. The appeals court ruled that the government did not have a “callous disregard” for President Trump’s constitutional rights because it followed appropriate procedures when issuing subpoenas and the search warrant. And it continued that President Trump did not have an interest in government records and that the President could not suffer a personal harm because the records are government records.
Any injury suffered by their exposure would be an injury to the U.S. and not Trump personally. Finally, the court said that the fourth factor under Richey of the availability of an adequate legal remedy was under federal criminal court rules.
This would then have barred his case in the civil proceeding. Trump could not force his case to be heard in a civil court because he was challenging the seizure of the docs under a criminal search warrant. His legal remedy was in a criminal proceeding. (President Trump even cited Federal Rules of Criminal Procedure 41(g) in one of his court filings.)
Photo taken from: Evan Vucci / AP Photo
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In reality, there has been no constitutional violation (there was a properly issued search warrant) so there is no need to complain there is no adequate remedy available to Trump. In sum, the appeals court ruled the federal district court presided by Judge Aileen Cannon had no jurisdiction or legal authority to hear Trump’s case as a civil proceeding.
The court’s ruling raises the question as to why Judge Aileen Cannon made such head scratching rulings. The appointment of a Special Master to review the documents was unprecedented as were certain conclusions reached by Judge Cannon.
It appeared that the Judge went out of her way to make rulings unsupported by law to favor the former President. She was an appointee of President Trump, which raised questions as to whether Judge Cannon could be unbiased when hearing the case. The appeals court even at times hinted that Judge Cannon was introducing and adopting legal positions that the President or his lawyers were not making or introducing in court. It is uncertain if Judge Cannon was intentionally trying to help Trump out in the case but the appeals court here saved the day with their precise and well – supported legal analysis.
The appeals court saw through Judge Cannon’s flimsy reasoning and helped bring an end to the likely delay tactics that Trump was using and which Judge Cannon may have been encouraging. With President Trump’s decision to not appeal the appeals court ruling, the government can now continue with its review of the seized classified documents and determine on the merits and under the law whether Trump should be held accountable for how he handled sensitive classified documents. LEARN MORE, LEARN MORE, LEARN MORE.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact rodwood@email.com.
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LawFare – article discussing whether charges should be brought in Mar – a – Lago documents case.
Morocco and the World Cup
Morocco and the World Cup
Foreign Policy Brief #158 | By: Reilly Fitzgerald | December 12, 2022
Header photo taken from: soccer.ru
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Photo taken from: Showkat Shafi / Al Jazeera
Policy Summary
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At this point in the FIFA World Cup there are four teams remaining, as we enter the semi-final stage: France, Morocco, Croatia, and Argentina. This World Cup, as previously documented by U.S. Resist News, has been fraught with controversies ranging from alcohol consumption at stadiums to major international relations issues, such as the usage of slave labor and corrupt money to build the infrastructure to host the tournament, and more.
The tournament is set for an intriguing and compelling final few matches. The last time a South American nation won the World Cup was Brazil in 2002; and the last time Argentina has won a World Cup was 1986. Argentinian superstar Lionel Messi will lead his team into their semi-final match tomorrow against Croatia, a team that has never won the World Cup, but finished in second place in the last World Cup hosted in Moscow in 2018.
France and Morocco are set to square off on Wednesday in what is sure to be as emotional and as political as Iran v. United States match. Morocco gained their independence from France in 1956 after many, many years, of colonial rule which has shaped that country ever since. Morocco is the first African nation to ever reach the semi-finals of the World Cup. This match-up is more representative of colonial history and the role of France in global affairs than it is about football, in many ways.
Policy Analysis
Colonialism plagued the world for centuries, and many would argue that the United States carries on this political strategy still; however, there is no country more famous for its colonial possessions than France. The French government possessed wide swaths of land in North America, Africa, and some smaller pieces of land in Asia.
This history of colonialism has led to much social commentary surrounding France and the role that immigration, from their former colonial regions, has led to their success as a footballing nation.
The economic and political conditions that have plagued many parts of Africa since the mid-1900s have been the direct result of colonialist policies enacted by European countries and the United States of America. A vast majority of the ten worst economies in the world are found in Africa, and many of those are former French colonies. In 1956, Morocco gained its independence from France along with Tunisia; Algeria, later, gained its independence in 1962 after a military campaign that relied on terroristic efforts from both sides.
France has long struggled with its identity, and what makes a French person French. Immigration has, as it has in many countries, complicated the French national identity. Immigration statistics show that almost 25% of immigrants to France are from North Africa especially from Algeria, Morocco, and Tunisia; according to the Institut National D’Études Demographiques.
Photo taken from: TBA
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Many famous French football players are of North African descent, with the most famous being Zinedine Zidane whose parents hailed from Algeria.
Even more recent players such as global sensation Kylian Mbappé’s parents are from Africa – his father was born in Cameroon and his mother was born in Algeria; and, although he is missing from the World Cup, this year’s Ballon D’Or winner (award given to best player of the year globally) Karim Benzema’s parents are Algerian and he is a practicing Muslim, as well. It is estimated that there are over a million Moroccans living in France as part of the Moroccan diaspora.
Culturally, Morocco and France are heavily related due to the presence of the French language in Moroccan society. Although Arabic is the most dominant language in Morocco, French is still regularly taught in Moroccan schools and still understood and used by many citizens.
The Arab world was heavily criticized and rejected by many prominent, and particularly European, critics as not being a “footballing” region and therefore should not be hosting the World Cup. Countries such as Qatar, Iran, and Saudi Arabia, which were included in this year’s tournament, went home fairly early and have left Morocco as the sole Islamic, and Arab, nation.
Morocco stunned the world and Cristiano Ronaldo’s star-studded Portuguese team to advance to this late round – not too shabby for a ‘non-footballing’ nation. The hopes of an African nation to finally be liberated from what started as a European sport rest on the shoulders of the Moroccan “Atlas Lions”.
Engagement Resources
Click or tap on resource URL to visit links where available
Human Rights Watch – 10 Questions Journalists Should Ask FIFA and Qatari Officials About Rights Abuses ( https://www.hrw.org/news/2022/03/29/10-questions-journalists-should-ask-fifa-and-qatari-authorities-about-rights-abuses#Nine )
2022 FIFA World Cup ( https://www.fifa.com/tournaments/mens/worldcup/qatar2022 )
Legislative Priorities for the New Congress
Legislative Priorities for the New Congress, Part I: Elections & Voting, the Environment, Immigration, Gun Control
U.S. Resist News Op Ed | By: U.S. Resist News | December 12, 2022
Header photo taken from: Erin Scott-Pool / Getty Images
Read Part 2 Here
Photo taken from: Barrons (.com)
The US Mid-Term Elections resulted in a near political stalemate. Democrats will continue their control of the Senate. Republicans will have a slim majority in the House. Many observers think it will be next to impossible to get anything done in this environment. On the other hand, there seem to be a sprinkling of Congresspersons on both sides willing to cross over on specific issues. Therefore we are hopeful that the next session of Congress, as well as the current lame-duck session, will result in some meaningful legislation
We believe that the following issues are low-hanging fruit for the new Congress (or the states), to pass new legislation. These issues either already have some support from both parties, or have the political urgency needed to encourage legislators to cross political lanes and work on bills that address them. The following OP Ed, posted in 2 parts over the next few days, identifies these issues and describes the kinds of laws that legislators need to focus on and get passed.
Elections and Voting
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While there is widespread need to reform our election system (e.g. do away with the electoral college) lack of bipartisan support for most reforms dims their chances of passage. However it seems likely that there is enough bipartisan support for congress to pass the Electoral Count Act (ECA). The Act is being put in place to avoid what happened in 2020 when right wing political operatives organized slates of false electors to challenge the election results in different states.
The ECA defines the process when Congress meets every four years in the first week in January to count the electoral votes for president and vice president. This meeting is mandated by the Constitution, which requires that all electoral votes be sent to Congress and counted in front of the House and Senate. This count is normally a formality, but the ECA includes a caveat with potentially enormous consequences. Congress can reject an electoral vote, the law says, if a majority of both the House and Senate finds that an elector’s appointment was not “lawfully certified” or that the elector’s vote was not “regularly given.”
The Environment
Photo taken from: Getty / Spencer Platt
The major challenge with regards to environmental policy has to do with implementation of the climate legislation portion of the Inflation Reduction Act that Congress passed and President Biden signed over last Summer. The Inflation Reduction Act puts about $370 billion into combating climate change and bolsters U.S. energy production, using incentives for private companies to produce more renewable energy and for households to transform their energy use and consumption.
On paper the act is an extremely important step forward in the US effort to combat climate change and honor its commitment to the Paris Agreement. However, it will be up to the administration as well as Congressional oversight to ensure that the new climate bill is fully implemented.
Other important environmental issues that Congress needs to address are the continued drought in Western states, ongoing threats to endangered species, and the continued efforts to drill for oil, gas and precious metals in different parts of the country.
Immigration
Photo taken from: Luis Sinco / Los Angeles Times
Both Democrats and Republicans have expressed in interest in different aspects of immigration reform, and it looks like a bill might get passed in the current lame duck session. Its focus is a path to citizenship for dreamers (favored by many Dems) and provisions for tighter border security (favored by many Republicans).
The Biden administration also has issued a proposed bill called the U.S. Citizenship Act. The Act calls for providing pathways to citizenship and strengthening labor protections for immigrants; prioritizing smart border controls; and addressing the root causes of migration, such as instability in Mexico and other Central American neighbors. The bill is not perfect and could be strengthened. Perhaps the new Congress, which so far has ignored it, could summon the political will to pass it.
Gun Control
Photo taken from: Nicholas Kamm / AFP via Getty Images
Last Summer Congress approved the Gun Safety Act that includes
incentives for states to pass so-called red flag laws that allow groups to petition courts to remove weapons from people deemed a threat to themselves or others. The bill also expands an existing law that prevents people convicted of domestic abuse from owning a gun to include dating partners rather than just spouses and former spouses; and expands background checks on people between the ages of 18 and 21 seeking to buy a gun.
Yet the Gun Safety Act is just a baby step forward in putting in place the legislation needed to curb America’s gun violence epidemic. Given the continued prevalence of mass shootings it seems there should be at least a few Republican Senators and Representatives willing to take the next steps in gun control legislation, such as banning AK 15s and other weapons of mass destruction, and outlawing the production of so-called ghost guns.
Democrats May be Making a Mistake with the Iowa Caucuses
Democrats May be Making a Mistake with the Iowa Caucuses
Elections & Politics Policy Brief #47 | By: Ian Milden | December 8, 2022
Header photo taken from: Associated Press
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Photo taken from: Mary Green / WIS
Policy Summary
[SSB theme=”Official” align=”center” counter=”true” ]
The DNC recently voted to approve a plan to shake up the schedule for the 2024 Democratic presidential primaries. While parts of the proposal would require the cooperation of several state governments (some of which are controlled by Republicans), the biggest change that will likely come from this plan is the removal of the Iowa Caucuses from its first-in-the-nation status. This Brief will examine the reasons why the Democratic Party approved this plan and the potential hazards this plan may pose for Democrats down the road.
Policy Analysis
The DNC approved a plan proposed by President Joe Biden that would significantly revise the schedule for the 2024 primaries. It would give the first primary to South Carolina. New Hampshire and Nevada would then vote next on the same day. Georgia and Michigan would be permitted to hold primaries before Super Tuesday. Iowa would be gone from the early state lineup entirely.
Biden requested the change to insulate himself from any potential primary challenge if he moves forward with his plan to run for re-election. Iowa and New Hampshire were his weakest states, so they made sense as targets. Iowa’s caucuses are run and paid for by the state’s Democratic Party, unlike New Hampshire’s primary, which is run and paid for by the state government.
Other Democrats had argued before Biden’s proposal was unveiled that Iowa’s caucuses should not go first because Democrats have struggled in recent Iowa elections, Iowa is not very diverse, and Iowa’s 2020 Caucuses were a disaster. The Iowa State Democratic Party has proposed a vote by mail caucus to prevent a repeat of the issues from 2020.
While Iowa’s caucuses are likely to lose their spot, there is one unsettled legal issue. Iowa state law requires the political parties to hold a presidential nominating caucus at least eight days before any other state holds a similar contest. The law also says that the caucuses should be held by the fourth Monday in February. It is unclear what power the state has to enforce this or what the consequences would be if Democrats did not hold their Iowa caucuses in a manner consistent with Iowa state law. New Hampshire has a similar state law, and the DNC’s request to have it changed is not sitting well with local elected officials.
While it is unlikely that Democrats are going to change their mind about the fate of Iowa’s caucuses, there are four arguments that I think are worth considering for future Democratic primary cycles.
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First, I think moving the caucuses due to poor performance by Democrats in state and federal elections in Iowa is a problematic argument to make when South Carolina has an early voting date on the primary calendar. Democrats have a better chance of competing in Iowa elections than in South Carolina elections. Democrats have been losing elections in Iowa due to poor campaign strategy, occasional issues in candidate selection, and dwindling investment of resources from outside of the state. These issues are fixable if Democrats are willing to put in the effort and try new ideas.
Second, Iowa isn’t an early state for diversity. Iowa has maintained an ability to be appealing for an early state because of its small size. It is cheaper to do most campaign activities in Iowa than in other places, which lowers the financial threshold required for a campaign to compete. This gives candidates who are not as well-known or well-funded the ability to compete if they have a good strategy and a compelling vision for voters. Nevada and South Carolina were added as early states by Democrats in 2004 to bring geographic and racial diversity to the primary process while keeping the financial threshold to compete relatively low.
Third, Iowa generally doesn’t pick the nominee for President. As the first state in the process, its main job is to eliminate campaigns that are not viable financially or strategically. The states that have the most influence on the process go third and fourth, which are currently Nevada and South Carolina. Nevada and South Carolina have a better track record of picking nominees because they go after Iowa and New Hampshire eliminate a lot of candidates. Since there are rarely more than four viable campaigns after the first two contests, the winners of subsequent contests require a broader coalition to win primaries, rather than the 20% to 33% of the vote needed to win in Iowa or New Hampshire.
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Fourth, while Iowa’s small towns and rural counties may not look like the diverse constituencies of the Democratic Party’s base, they do look like the small towns and rural areas of Minnesota, Wisconsin, Michigan, and Pennsylvania. Those four states have featured increasingly close races for their electoral college votes, which have been influential in determining the outcome of recent presidential elections. Democrats have been losing small towns and rural counties in these states by increasingly larger margins.
Allowing Iowa to maintain its first-in-the-nation caucus would require candidates to figure out how to better compete in these small towns and rural counties since Iowa does not have a large city where a Democratic candidate can expect to run up a large margin that makes up for poor performance elsewhere.
If Democratic candidates develop new strategies to compete in these small towns and rural counties, they can deploy them in the general election in Minnesota, Wisconsin, Michigan, and Pennsylvania. While Democrats are likely to still lose small towns and rural areas with new strategies, losing them by a smaller margin may affect the winner of a state’s electoral votes.
I don’t expect Joe Biden to face a serious primary challenge in 2024. I also don’t expect the DNC to suddenly give up on the plan they recently approved for 2024, though I am not sure to what extent they will succeed in implementing it. I hope that these arguments are considered when the Democrats revisit the rules for the 2028 presidential primaries.
The Reckless Growth of BlackRock and Other Asset Management Companies
The Reckless Growth of BlackRock and Other Asset Management Companies
Social Justice
Policy Brief #142 | By: Abigail Hunt | December 7, 2022
Header photo taken from: Carlo Allegri / Reuters
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Photo taken from: Daniel Leal-Olivas / AFP / Getty Images
Policy Summary
[SSB theme=”Official” align=”center” counter=”true” ]
As of December 2021, BlackRock, an asset management company – and one of the “Big Three” global money managers along with Vanguard and State Street – had more than $10 trillion in assets under management. The company controls so much capital if it were a country its GDP would rival that of the wealthiest nations in the world. BlackRock describes itself as “a global investment manager and fiduciary” and a leading provider of financial technology.
Founded in 1999, over the past quarter century, the company has grown to 70 offices in 30 countries. On the BlackRock website, solicitation for their tax-loss harvesting service advises clients to try to save money on their tax bills. In fine print, it reads that as of June, 2022 was the third worst year for stocks and the worst year for bonds in almost a century (since 1926) and warns of risk factors associated with investment. The BlackRock website states 2022 is the second-worst year in history for 60/40 portfolios (60 percent investment in stocks, 40 percent in bonds).
In 2020, CNN Business reported the Big Three are the largest stakeholders in 88 percent of the S&P 500 companies per a study done by the American Economic Liberties Project (AELP). Fox News reports that in October 2022 when a British parliamentary committee asked the company to stop investing in big oil, BlackRock refused – stating that “engineering a specific climate outcome was not in their best interest” – e.g. they lose money if oil and gas loses money. Climate activists with banners, pitchforks, and rocks set up a protest in BlackRock’s New York office, resulting in 10 arrests and no change in BlackRock’s stance on climate issues or their daily operations.
Policy Analysis
BlackRock is a bloated money machine with too much influence. In addition to their disregard of the global climate crisis, Fox Business reports the company is inextricably intertwined with the Chinese Communist government; BlackRock funneled billions in American dollars to China, ignoring the fact that their capital investments prop up an entity responsible for widespread devastation in the form of oppression, abuse, and widespread human rights violations.
When a single individual or entity has control over a service or industry or when their wealth is so immense it is abhorrent, they cannot be controlled, and we are treading in dangerous waters.
Photo taken from: Proxy Insight, YourStake (.org)
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Engagement Resources
Click or tap on resource URL to visit links where available
BlackRock website. https://www.blackrock.com/us/financial-professionals
Carla Mozée. US stocks slump as Fed officials see more rate hikes in the pipeline to tame inflation. November 17, 2022. https://markets.businessinsider.com/news/stocks/stock-market-news-fed-bullard-george-rate-hikes-pivot-dow-2022-11
Daniel Urie. Carvana, Zulily and Peloton among companies with large layoffs in Pa. in 2022. July 6, 2022. https://www.pennlive.com/news/2022/07/carvana-zulily-and-peloton-among-companies-with-large-layoffs-in-pa-in-the-first-half-of-2022.html
Theron Mohamed. Wharton professor Jeremy Siegel says the US economy is faltering – and the Fed may cut interest rates to 2% next year. November 22, 2022. https://markets.businessinsider.com/news/stocks/wharton-jeremy-siegel-economy-inflation-recession-fed-interest-rates-housing-2022-11
BlackRock tells UK ‘no’ to halting investment in coal, oil and gas. October 18, 2022.
https://www.foxbusiness.com/energy/blackrock-tells-uk-no-to-halting-investment-in-coal-oil-and-gas
Aislinn Murphy. BlackRock headquarters stormed by protesters, some carrying pitchforks. October 26, 2022. https://www.foxbusiness.com/politics/blackrock-headquarters-stormed-protesters-some-carrying-pitchforks
Audrey Conklin. BlackRock investments in China: Consumers’ Research warning consumers, governments, Consumers’ Research sent a letter to the governors of 10 states. December 2, 2021. https://www.foxbusiness.com/politics/blackrock-china-consumers-research-warning
Nicole Goodkind. Consumers are keeping the economy afloat… for now. November 30, 2022. https://www.cnn.com/2022/11/30/investing/premarket-stocks-trading/index.html
Matt Egan. BlackRock and the $15 trillion fund industry should be broken up, antimonopoly group says.
https://www.cnn.com/2020/11/24/business/blackrock-vanguard-state-street-biden/index.html
Graham Steele. The New Money Trust: How Large Money Managers Control Our Economy and What We Can Do About It. https://www.economicliberties.us/our-work/new-money-trust/