Blog #121 – Immigration and Foreign Policy


Immigration Policy

Letters from the August 13-20, 2018, Issue

Written July 19, 2018 [minor elisions, insertions]

Re The Nation’s July 16/23 special issue, “Needed: A New Foreign Policy”: Truer words were never written. But there’s a puzzling aspect here as well. The one issue that has mobilized Americans politically today—immigration reform—appears only as a minor point [in of foreign policy]. The growing inequality among nations, which is the ultimate cause of the immigration problem, is presented as an aspect of economic growth, or as a blot on our humanitarian values, and it’s both. [Local and national level reforms are urgent, But the causes [of immigration] are international. Shouldn’t it be front and center [a foreign policy issue also?] Only international measures can ultimately deal with it. Yet Trump is strikingly oblivious to its causes.
Peter Marcuse
santa barbara, calif.

The above appeared as a letter to the editor of The Nation. But, apart from the omission of consideration o the relationship between home immigration /emigration issues and foreign policies, there are   a number of other concerns that should be highlighted in any serious reconsideration of foreign policy for the United States. I list only a few briefly here, and hope they will be developed further shortly in the Nation’s 4-part series, which  is still incomplete as I write this,  and elsewhere.

——————————–

What are the practical and political implications of this analysis?

Only to mention a few:[1]

An International Fair Labor Standards Agreement, whose agenda could include wage, working conditions, protection of rights toorganizx, transparency. Possibly integrated into tariff considerations? Environmental standards for goods in international commerce?

An international enforcement agency, with provision for fines for violation as financing?International labor code or standards, and reqilrement for posting on products and disclosure

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right

Spelling out local legal status of rights provisions of international law?

International standards for fair elections, with international  non-recognition of results of non-complying designation of holders of key political offices ?

Major economic development assistance (Marshall Plan (for hight emigration countries)?

An International Fair Labor Agenda?

With an  enforcement agency, and recipient of fines for violation as financing?

International labor code or standards, and reqilrement for posting on products and disclosure?

Tariff policy on goods where code compliance not transparently posted?

International support for right to organize as human right?

Clear, comprehensive, and legally enforceable provisions for prevention of discrimination against members of any group defined by ethnicity, color, gender, or culture.

Minimum standards for public education, with coordinated international assistance?S

Economic development assistance for high emigration countries?

All seen as legitimate agenda items for foreign policy debates and international agreements.

——————————

Clearly pie n the sky, in terms of actual formal implementation. But perhaps useful as a statement of goals and basis for a vision of what an international democratic and humane world order might look like?

To put up against the vision of an international world order led by an “again great America,” whose leadership is voluntarily accepted by the rest of the world, despite its own internal failure to adopt such proclaimed standards or act as an active and open-minded model for others on the world stage?

Not “Americans to make America Great for Americans Again,”  but

But “All Together to Help Make the World Freer, More Equal, and More Democratic for All. Now.”

[1] A number of more detailed and thought-throug of veersions of such a list, intheform of social movement and political and religious and humanistic groups, and deserve coordinated and serious study.

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Blog #118 – Explaining “President” Donald Trump’s Behaviour.


Blog #118 – Explaining “President” Donald Trump’s Behaviour.

Recent efforts to explain Donald Trump’s behavior in clinical psychiatric terms are provocative,[1] but may be unnecessary. Democratic U.S. Rep. Ted Lieu is proposing a bill that would require the White House to have a psychiatrist on staff.[2] A petition at Change.org, accusing Trump of mental illness and asking for his removal from office, has been signed by nearly 25,000 health professionals. The New Republic published a story this week speculating that Trump may have an untreated sexually transmitted disease that has led to a condition called “neurosyphilis,” characterized by “irritability, loss of ability to concentrate, delusional thinking, and grandiosity.”

And on Tuesday, the New York Times published a letter signed by 35 psychiatrists, psychologists, and social workers accusing the president of “grave emotional instability” that makes him “incapable of serving safely as president.” Though it is considered a breach of ethics to evaluate or diagnose public figures, they wrote, “We fear that too much is at stake to be silent any longer.” Allen Frances, a former chairman of the Department of Psychiatry at the Duke University School of Medicine. disagreed, calling it “an insult people who have mental illness.”

“President” Trump has simply not been able to overcome his insecurity about “winning” an election in which he received 2,868,686 fewer votes than Hilary Clinton did,[3] in a low-turnout election in which he ended up with less than half of all eligible voters voting for him.[4] And this despite all of his name calling, lying, and not so ethical efforts to undermine Hillary’s campaign, even with the apparent help of his Russian counterpart. Having to face the legitimacy of his election and being labeled “President” Trump may be much more unnerving for him than being called “crooked” Clinton ever was for her. Everyday child psychology may be a simple enough explanation for the conduct a person with such an outsize self-image; a more medically-based approaches may not be needed. Think of the expected behavior of the bully in the sand box when his braggadocio no longer intimidates those subject to it. Perhaps Trump should be treated in the pediatric ward rather than the psychiatric? If not in both?

 

Peter Marcuse

August 2, 2018

[1] California Journal, Robin Acarian, “Talking Trump and mental health,” http://enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=93f3dcf0-698d-42a3-9cdc-bb5070205776

[2] https://www.democracynow.org/2017/2/15/rep_ted_lieu_to_introduce_bill

[3] By Gregory Krieg. CNN December 22, 2016. It’s official: Clinton swamps Trump in popular vote – CNNPolitics https://www.cnn.com/2016/12/21/politics/…trump-hillary-clinton…vote-final final-count/index.html

[4] Why is voter turnout so low in the U.S.? Politics Nov 6, 2016 https://www.pbs.org/newshour/politics/voter-turnout-united-states

Blog #120 — Roe vs. Wade, An Alternate Approach2: Recusal


Roe vs. Wade,  An Alternate Approach2: Recusal

The nomination of Brett Kavanaugh to the Supreme Court has caused much concern among defenders of Roe vs. Wade. They realistically are concerned that that landmark women’s rights decision is in danger of reversal if Kavanaugh is appointed. But that concern should also focus on the actions of President Trump that make a reversal likely, not only on the possible positions of a new judge, whether it be Kavanaugh or another.

Contrariwise, the President’s announcement that he would not nominate anyone to the Supreme Court who would uphold Roe vs. Wade may In fact be a path to protect that decision from reversal for at least the next three rounds of national elections.

The danger of a reversal of Roe vs. Wade is one which Trump has created, and Trump’s involvement may offer the route to a positively desirable solution

Here’s how.

It is inappropriate for a sitting judge to prejudge a case before him, and likewise for a candidate for a judicial position to have a commitment to a particular outcome in any case likely to come before him before hearing that case. We do not know whether Trump asked Kavanaugh for a commitment to overrule Roe vs. Wade, But we do know that  Kavanaugh, in accepting his nomination, knew that  it was made by someone who would not have made it if he believed the candidate would not rule as he had proclaimed was his expressed desire. The appearance is certainly that Kavanaugh would be responsive to that desire. The scale of the controversy about his appointment is testimony to how widely that appearance is shared in the general public.

There is an ethical, constitutional, and just, means of resolving the dilemma that President Trump has created by using his constitutional power of nomination to the Supreme Court to interfere in that Court’s decision in a particular case bound to appear before it . Trump has promised publicly in advance that he would not appoint anyone to the Supreme Court who would support Roe vs Wade. Any person appointed after he made that statement owes his or her appointment to a willingness to prejudge a case that is likely to come before him/her.

Any person then appointed would be required ethically, to recuse himself for consideration of the case n question. The candidate cannot be asked, prior to appointment, what his position would be should such a case arise. Any answer he might give would taint his participation if the case did arise.  The Judicial Code of the United States Code  provides[1], in the section captioned “Disqualification of justice, judge, or magistrate judge,” that a federal judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” And Canon 1, of the Model Code of Judicial Conduct holds that “A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety’.[2] Kavanaugh should disqualify himself from hearing Roe vs. Wade if it comes before him.

So, President Trump, by his attempt to impose an unethical restraint on any appointee in his power to appoint to the Supreme Court has undermined his own ability to achieve his own objective, undermining Roe vs. Wade. Kavanaugh should ethically refuse to accept the appointment unless he first affirms in advance that he will not follow the desires of his appointing authority, an unlikely scenario.[3] The result will be that it will be a court with only eight voting members that will review and decide a new Roe and Wade. Justice will have been served

If, however, Kavanaugh nevertheless accepts the appointment, he may still recuse himself from hearing Roe vs. Wade if it should come before him. If he or she does not, the other 8 members of the Court will have it in their power to ask the new appointee to disqualify himself from joining them in the consideration of that case

If they do not, :a lawsuit might  be filed enjoining the Supreme Court from permitting a new appointment to sit on any case involving Roe and Wade, because of the inevitable taint arising from Trump’s intervention. . If that suit reaches the Supreme Court, it is obvious that the new appointee whose qualification to sit on the case is at issue must recuse himself from hearing or voting on the matter.  That suit will thus again be heard by the other eight sitting members of the bench.

In any case, Roe vs. Wade will have been saved from being put to a vote by a Court                                                    under the unconstitutional pressure of a hostile President’s invasion of the independence established by the Constitution for the Court.

The advantage of focusing on the appropriateness of recusal as a solution to the problem of Kavanaugh’s anti-Roe vote is two-fold. First, to protect that decision in keeping with the Constitutional provisions for separation of powers[4] and the Judicial Code’ provisions on impropriety, and in accordance with intuitive feelings of fairness and justice, with those political consequences.  But, Second, to place the responsibility for the problem squarely on the shoulders of the President, and in fact to go further and prevent his achieving his desires for the rest of any term in office he may enjoy. Any new appointee to the Supreme Court will face the necessity of recusal just as Kavanaugh does. Thus Roe vs. Wade will be better protected at least from any future action of Donald Trumps if a new appointment should again come within his power.

 

[1] Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned “Disqualification of justice, judge, or magistrate judge,”

[2] Canon 1 of the American Bar Association’s Model Code of Judicial Conduct.

[3] There are   in fact calls by Senator Schumer  for Kavanaugh to recuse himself because of his own freely-offered opinions about  Roe vs. Wade in a 2017 lower court case (see https://www.vox.com/policy-and-politics/2018/7/12/17564048/brett-kavanaugh-roe-wade-views), and for opinions in another matter, the Mueller investigations, but on the grounds of Kavanagh’s own prejudgment. Those do not rest on the constitutional argument made here.

[4] While Trump ’s commitment to achieve a particular result in a matter before the Supreme Court could well be considered a violation of the Constitution. It is not readily apparent how such a challenge might be made effective other than through the political process.

 

Blog #119 – Roe vs. Wade, an Alternate Approach: Recusal


Blog #119 – Roe vs. Wade and Supreme Court Appointments

Trump’s promise not to appoint anyone to the Supreme Court who would hesitate to overturn Roe vs. Wade is unethical and an act which invalidates any appointee to the Court who if appointed ruled pursuant to it.  It would violate the U.S. Judicial Code and the ABA’s Model Code of Judicial Conduct. Were Kavanaugh to be appointed, he would have to recuse himself from take part in the consideration of that case, leaving the decisions on it in the hands of the remaining 8 court members. And that obligation to recuse himself would be an on gong one, as long as Trump remains in office – an obligation which might be thrust upon him by the remaining members in considerations from which he would need to recuse himself. .

Those concerned about the future of Roe vs, Wade to the next Supreme Court if Kavanaugh is on it are properly barking loudly out of concern, but up the wrong tree. The problem is one which Trump has created, not Kavanaugh, and which an attack on Trump’s involvement offers the route to the best solution: the prospect of a recusal of anyone he nominates from consideration of the case any time within his own term of office. .

for a more detailed statement of the argument, see pmarcuse.Wordpress.com, Blog #120 – “Roe vs Wade, An Alternate Approach: Recusal2,”

 

 

Blog #116 – Robert Mueller’s Report Song to Congress


The Robert Mueller song, as he presents his final Report to Congress.

 

To the Tune of the Chiquita Banana commercial:

I’m Chiquita Banana, and I’ve come to say

Bananas must ripen in a certain way….”[1]

——————–

My name is Robert Mueller and I’ve come to say,

Investigations must be undertaken in a certain way.

You can’t just claim that what so and so did was wrong

You have to have evidence that is clear and is strong.

You have to say what this man or woman did on a certain day

Violated a certain law at a certain place in a certain way.

This is what he did, and this is the person that saw him do it,

This is what he said he did, and this is why it’s obvious his story blew it.

These are the penalties that can be applied  that the law prescribes,

Only made more severe if you try to evade them with lies.

 

So here is my report:  I know that it’s 430 pages long

But what it describes was also very wrong wrong wrong.It’s the Congress that determines what’s wrong and what’s right.

My job is only to see how the facts fit what Congress set out, and how tight.

Now what happens, when, and to whom is up to the courts to determine

Whether those who did it were well-intentioned or were vermin.

I’ve finished the job I was hired to do,

Now it’s up to those that hired me to see the matter through.

 

If I can be of any more help, please do let me know,

Otherwise, I admit, I’m very happy to go.

Good bye, and best wishes.

Robert Mueller.

 

[1] https://www.youtube.com/watch?v=RFDOI24RRAE    It was a United Fruit commerciaI. If you have trouble finding it, it’s from 1940 and the oldest a google search for Chiquita Banana commercial produces; ‘ll try to get the exact url for it shortly. It;s great on its own.

Blog #115 – Facing the Causes of Immigration Problems


Facing the Causes of the Problems with Immigration

The ultimate causes of the emigration producing immigration crises in the U.S. and elsewhere are the gross inequalities among and within nation in resources and power. The only real solution to the crisis is to move to equalization and sharing among nations, through agreements and institutions at the international level. It is the opposite of the direction in which Trump is moving U.S. policy.

The issue of separating children from their parents within the process of dealing with immigration should be beyond the pale of reasonable disagreement, and the basic answer should be non-controversial: very simple, DON’T DO IT! Indeed, the details need working out, but that is no excuse for not dealing with the causes of the immigration problem as such. Looking at causes seems almost taboo today. Either it is too complicated, and we have no time to think about causes, or, if we do, the remedies seem so farfetched as to be utopian and not worth even thinking about.

But the cause of the immigration problem is in fact very simple. The need to emigrate from one country to another arises out of the gross inequality among countries of the world: inequalities in income and wealth, inequalities in power, unequal levels of security and dignity afforded their residents. And at least the first step dealing with these fundamental causes of emigration might seem to be equally clear: they can ultimately, but the sooner the better, be dealt with at the international level, what we newly call the global level. After the end of the First World War, there was a brief flurry of interest for collective international action at that level. The nations of the world went so far as to adopt a Universal Declaration of Human Rights, whose language is on a par in its nobility with the language of the United States Declaration of Independence, and deserves to be as familiar:

“Recognition of the inherent dignity and of the equal and inalienable right of all members of the human family is the foundation of freedom, justice, and peace in the world. “

It is the foundation on which any quest for the solution to the problem s of immigration should rest.

That sounds fine, but totally theoretical. One might start with the briefly discussed but ill-fated efforts to agree on national quotas, which at least reflected an incipient belief in an international approach to the problem. Agreement might be sought, perhaps, for international standards at some absolutely minimal level, e.g., no separation of children from parents, some guarantee of due process. Some international standards actually already exist, for instance in the definitions agreed upon in the 1951 Geneva Convention on Refugees for concepts such as fear of persecution and justifications for seeking asylum. Or agreements against the use of poison gas and chemical weapons in warfare, etc. Why not international standards for the treatment of those seeking to emigrate out of similarly defined urgent need?

There are also already a variety of national and inter-national limited agreements for immediate remedial measures. Germany finances aid to Turkey to promote its measures reducing flight from that country. Prime Minister Netanyahu of Israel briefly signed an agreement, unfortunately sort-lived, helped by the High Commissioner for Refugees, to support financially measures in Eritrea and Sudan to staunch the flow of refugees from those countries to Israel, and to cooperate with other western countries to accept refugees emigrating from them.1.  Other ideas have surely been advanced along similar lines, and deserve study attention,

And could one not at least envision further principled moves to support universal free education through grades 12 with an international fund and matching local contributions for financing? Wasn’t there once a broad Marshall Plan in which victorious countries aided devastated ones after the Second World War? Wouldn’t such be aspirations at least to put on the table in international conferences, and even in our own election campaigns?  Wouldn’t positive relations with our allies and neighbors, not a route the Trump administration seems interested in taking, be enhanced by such discussions?

As further steps, could one not at least envision universal free education through grades 12 with an international fund and matching local contributions as financing? Wouldn’t that be an aspiration at least to put on the table in international conferences, and even in our own election campaigns?  Wouldn’t positive relations with our allies and neighbors, not a route the Trump administration seems interested in taking, be enhanced by such discussions?

Might even  Donald Trump find some value in such a direction, as relieving him, all alone, from having to face problems that  he clearly is not on the way to  solving by himself ? Cynically, perhaps, but usefully, kicking the can of immigration reform upstairs?

1.See Michael Stard,The Wall and the Gate: Israel, Palestine, and the Legal Batle for Human Rights, review by David Shulman, New York Review of Books, June 28, 2018.

 

 

 

Blog #114 – Prediction North Korea


Prediction on Future of North Korean Negotiations

The big picture:

Negotiations will continue at least through November 2018, more likely through November 2020. Task forces will be formed, and will issue periodic reports of steady but slow progress, first weekly, then bi-weekly, then sporadically. Perhaps once every two or three months Trump will announce the negotiations  have broken down, will then intervene directly, meet with Kim-jung and rescue them, and negotiations  will resume in the task forces. Ultimately, a final agreement will be announced. It will be claimed to be a successful result to extended negotiations in which both sides have made concessions, some of which will necessarily be non-public. But they will essentially affirm the situation exactly as it is today with modifications at the edges and celebratory rather than fear-inducing language.

In his bi-weekly press conferences, Trump will again announce his achievements:

  • [There is a] new era in relations with North Korea;
  • [I] have a special relationship with Kim Jong-un
  • [Our talk was] a tremendous success
  • [Kim and I] have a terrific relationship
  • Kim and I] have a very special bond
  • Kim and I] have an excellent relationship
  • He’s a very talented man. I learned that he loves his country very much.
  • [We are   making] The deal of the century…
  • Working together, we will get [the nuclear impasse] taken care of.
  • It’s going to work out very nicely.
  • [We have taken} major steps forward in resolving the remaining open questions between the two countries;
  • Step by step, and simultaneous actions
  • We have the start of an emerging deal.
  • Kim has a great feeling for [the North Korean people].  He wants to do right by them
  • North Korean Human rights violations do not have any parallel in the contemporary world.[1]

In the end, the United States will announce it has accomplished a major contribution to world peace, enough to justify a Nobel Peace prize, and the end of its involvement in the negotiations, will boast of how they have protected the American people and saved them tons of money, and North and South Korea will negotiate a comprehensive settlement satisfactory to both of them and to China.

In detail:

Within  a short time, less than a month a firm  agreement will be announced under which North Korea will suspend further development  of its transoceanic missile delivery systems and agree to point what it retains only north toward Canada and not at the United States .

The parties will continue negotiating through and after November 2016 and possibly into November 2020. Each side will be given two opportunities to cancel the meetings, send flunkies to negotiate for several months, intervene personally to restorer them. Trump will claim unqualified success because he has persuaded Kim to point is transoceanic range missiles across the pacific to target Canada, rather than the United States.

The Group of 7 will be invited to supervise compliance with the peace treaties, at their own expense. If they refuse, the United States will withdraw from it, and invite the Untied Nations to supervise the peace, at its expense. If they refuse, the United States will withdraw from it, and publish how much money it will save the United States   taxpayer by it limiting its international commitments.

In drafting his acceptance speech for the Nobel Peace Prize, Trump will profusely thank  Jared Kushner for his on-going advice, based on his experience in settling conflicts in the near and middle east, and preserving the  existence of four nations who without  him  might be at war with each other: North and Susah Korea, Israel and Palestine, with treaties in which all parties agreed that  they will not use nuclear weapons or poison gas in whatever confrontations may still face, thus establishing the status quo as the permanent solution to all the problems of world peace. Trump will also acknowledge the help of the Dalai Lama for his spiritual charity in setting the tone for discussions with South Korea during the negations with North Korea

The economic task force will be very active throughout, inviting investment from the United States  pressing for more and more openness of the economy to market  and financial interests.[2] It will announce that agreement has been reached to support a United States   government underwritten factory by Adidas manufacturing hand-woven sneakers, and another agreement by North Korea to stop all mining of raw materials within its borders and instead convert the the mines into depositories for landfill made of non-recyclable waste shipments from the United States, an excess to be deposited off the north coast of North Korea in deep waters.

The political task force will begin by seeking soften some of Kim’s more blatantly undemocratic ruling practices, but will quickly be told that  those  are internal affairs for North Korea to decide, foreign intervention is not desired. The task force will slowly limits its attention to supplying textbooks on civil rights law to North Korean educational institutions, and perhaps financing some translations of United States historical documents such as the Declaration of Independence and Bill of Rights into Korean. It may be told that such actions might backfire, and will slowly drop out of public sight.

Kim will proudly boast that he has talked Trump into building the tallest skinniest hotel on the Pacific coast and will save Korea’s supplies of gas by permitting Trump to heat it with coal, which Trump will import from West Virginia to show how many jobs he has created in the United States through the negotiations.

South Korea will form a joint venture with North Korea to develop infrastructure, namely, roads going north-south between the two countries each country paying for development within its own borders with loans from the Chinese government.

Peter Marcuse                  June 13, 2018

Brief afterthought: Is it possible Trump actually never saw or ever was concerned about any threat to the United States  by North Korea, and just wanted the headline he was able to get June 14  in the New York Times  “Trump Sees End to North Korea Nuclear Threat” for bragging rights at home? And that will be the end of his interest in the matter?

[1] All but the last are quotes from formulations Trump has already used. The last is from a 2014 United Nations report.

[2] The interest along these lines is  already described in a leading article  in the  New York Times , “What if North Korea Opens Its Economy, Even a Little”? June 13, 2018, -.p.  A10.