Friday, January 17, 2020

Trump Had Right to Withhold..

Trump Had Right to Withhold Ukraine Funds: 

GAO is Wrong


The Constitution allocates to the president sole authority over foreign policy... It does not permit Congress to substitute its foreign policy preferences for those of the president. (U.S. National Archives and Records Administration, Wikipedia Commons)

U.S. Government Accountability Office (GAO) has gotten the constitutional law exactly backwards. It said that the "faithful execution of the law" — the Impoundment Control Act—"does not permit the president to substitute his own policy priorities for those congress has enacted into law ." Yes, it does — when it comes to foreign policy. The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.

To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.

Consider the following hypothetical situation: Congress allocates funds to Cuba (or Iran or Venezuela). The president says that is inconsistent with his foreign policy and refuses to release the funds. Surely the president would be within his constitutional authority. Or consider the actual situation that former President Barack Obama created when he unilaterally made the Iran deal and sent that enemy of America billions of dollars without congressional approval. I do not recall the GAO complaining about that presidential decision, despite the reality that the Iran deal was, in effect, a treaty that should require senate approval that was never given.

Whatever one may think about the substantive merits of what President Donald Trump did or did not do with regard to the Ukrainian money— which was eventually sent without strings —he certainly had the authority to delay sending the funds. The GAO was simply wrong in alleging that he violated the law, which includes the Constitution, by doing so.

To be sure, the statute requires notification to Congress, but if such notification significantly delays the president from implementing his foreign policy at a time of his choice, that too would raise serious constitutional issues.

Why then would a nonpartisan agency get it so wrong as a matter of constitutional law. There are two obvious answers: first, in the age of Trump there is no such thing as nonpartisan. The political word is largely divided into people who hate and people who love President Trump. This is as true of long term civil servants as it is of partisan politicians. We have seen this with regard to the FBI, the CIA, the Fed and other government agencies that are supposed to be nonpartisan. There are of course exceptions such as the inspector general of the Department of Justice who seems genuinely non-partisan. But most civil servants share the nationwide trend of picking sides. The GAO does not seem immune to this divisiveness.

Second, even if the GAO were non-partisan in the sense of preferring one political party over the other, it is partial to Congress over the president. The GAO is a congressional body. It is part of the legislative, not executive, branch. As such, it favors congressional prerogatives over executive power. It is not surprising therefore that it would elevate the authority of Congress to enact legislation over that of the president to conduct foreign policy.

In any event, even if the GAO were correct in its legal conclusion — which it is not— the alleged violation would be neither a crime nor an impeachable offense. It would be a civil violation subject to a civil remedy, as were the numerous violations alleged by the GAO with regard to other presidents. Those alleged violations were barely noted by the media. But in the hyper-partisan impeachment atmosphere, this report received breathless "breaking news" coverage and a demand for inclusion among the articles of impeachment.

If Congress and its GAO truly believe that President Trump violated the law, let them go to court and seek the civil remedy provided by the law. But let us not continue to water down the constitutional criteria for impeachment by including highly questionable, and on my view wrongheaded, views about violations of an unconstitutional civil law.

Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School and author of the book, Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo, Skyhorse Publishing, November 2019. He is a Distinguished Fellow at Gatestone Institute.

Time to Cancel...

Views expressed in this article are the opinions of the author
and do not necessarily reflect the views of The Epoch Times.

Time to Cancel 

the ‘Cancel Culture’

Actor Vince Vaughn looks on prior to the College Football Playoff National Championship game between the Clemson Tigers and the LSU Tigers at Mercedes Benz Superdome in New Orleans on Jan. 13, 2020. (Kevin C. Cox/Getty Images)

In case you missed it (ICYMI, as they say), “cancel culture” is the term used by the self-anointed “woke” for boycotting—essentially turning into non-persons and erasing from public life—people (usually celebrities, but plebes aren’t exempt) who have exhibited what they deem questionable behavior or written something untoward on social media.

It’s our version of the Chinese Cultural Revolution: Being blocked on Twitter is the equivalent of being marched around on a stool while wearing a dunce cap.

Ellen DeGeneres was nearly canceled for hobnobbing with former President George W. Bush in October 2019.

The latest target of this despicable trend is the actor Vincent Vaughn, who was caught (on video, no less) chatting and shaking hands (!) with President Donald Trump and First Lady Melania Trump at a football game on Jan. 13.

A man named (sorry, I never heard of him before) Timothy Burke wrote on Twitter, “I’m very sorry to have to share this video with you. All of it, every part of it.”

The usual Twitter madness transpired with much back and forth, most attempting to cancel Vaughn. I doubt the actor cared, at least I hope not. He’s a gifted man with a great sense of humor.

But note Burke’s use of the word “sorry”—and mine. Neither of us are. We’re lying.

If Burke were “very sorry,” he would never have posted a virtually silent—you can’t hear a word of what anyone’s saying—video of anything so trivial as an actor chatting with the president. Burke clearly wanted to “get” Vaughn, the scoundrel who supported Rand Paul for president and is well-known to lean libertarian, making him a renegade in Hollywood and therefore not sufficiently “woke.”

As for me, I used the fake “sorry” because I find Burke’s behavior so execrable that I want to give him the pain of anonymity, a severe punishment in today’s world. Evidently, he’s a sports writer.

So I’m part of the “cancel culture,” too. It’s everywhere.

You could even say the impeachment is an attempt to “cancel” Trump, rather than just removing him from office. They want to obliterate him from our consciousness.

If that isn’t enough, some juvenile nincompoop with the Sanders campaign was just recorded by Project Veritas declaring that Trump voters should be sent to reeducation camps. “There’s a reason Joseph Stalin had gulags, right?” this genius said.

Talk about being canceled!

Commenting about Burke, Fox and Friends’ Steve Doocy elaborated on just how extreme things have gotten. “Unless America talks to the other side and we can just talk to each other, this is going to be a country—they might as well split the country right in half, right down the Mississippi,” Doocy said.

I say—enough already. Let’s cancel the cancel culture.

But don’t ask me how. Under present conditions, with the relentless antagonism on social media and the zeitgeist in general, curing cancer may be a walk in the proverbial park by comparison.

Epoch Times senior political analyst Roger L. Simon is an Academy Award-nominated screenwriter.


17 Benjamin Franklin Quotes on..

17 Benjamin Franklin Quotes on Tyranny, Liberty, and Rights

Benjamin Franklin was dubbed “The First American” for a reason.

Americans remember Benjamin Franklin as one of our founders. That is fitting because he was not just our most famous citizen at our country’s birth, but he was also so much a central part of that birth that he has been called “The First American.”
As a member of the Second Continental Congress, Franklin helped draft the Declaration of Independence. As a member of the Constitutional Convention, he helped draft the Constitution. Both documents bear his signature.

Franklin’s role in our founding has been eclipsed in modern memory by his many other accomplishments.He also signed the Treaty of Alliance with France, bringing the colonies French aid against the British, and the Treaty of Paris, which ended the Revolutionary War and recognized the independence of the United States. He was the only person, in fact, to sign all those key documents.
However, Franklin’s role in our founding has been eclipsed in modern memory by his many other accomplishments. He was a prolific inventor, from his trademark bifocals to the Franklin Stove and artificial fertilizer. He ran his own paper and published Poor Richard’s Almanac. He even published the first political cartoon in the colonies. He founded the University of Pennsylvania, as well as America’s first public library and hospital. His discoveries went far beyond his famous kite experiment, including the identification of lead poisoning and the charting of ocean currents.

Franklin's Inspirational Words

Unfortunately, attention to what Franklin said about American liberty has often been crowded out by his other accomplishments. On his January 17 birthday, we should remember some of those inspirational words.
  1. "Rebellion to tyrants is obedience to God" (proposed by Franklin for the motto of the Great Seal of the United States).
  2. "From a persuasion that equal liberty was originally the portion, it is still the birthright of all men."
  3. "Every man…is, of common right, and by the laws of God, a freeman, and entitled to the free enjoyment of liberty."
  4. "All the property that is necessary to a man for the conservation of the individual… is his natural right which none can justly deprive him of."
  5. "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety."
  6. "Our cause is the cause of all mankind…we are fighting for their liberty in defending our own."
  7. "[F]requent recurrence to fundamental principles…[is] absolutely necessary to preserve the blessings of liberty and keep a government free."
  8. "The more the people are discontented with the oppression of taxes, the greater the need the prince has of money to distribute among his partisans and pay the troops that are to suppress all resistance and enable him to plunder at pleasure."
  9. "Without freedom of thought there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech."
  10. "Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics…derive their strength and vigor from a popular examination into the action of the magistrates."
  11. "Sell not...liberty to purchase power."
  12. "Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."
  13. "This Constitution…can only end in despotism…when the people shall become so corrupted as to need despotic government, being incapable of any other."
  14. "I hope...that all mankind will at length…have reason and sense enough to settle their differences without cutting throats."
  15. "Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes!"
  16. "Ordaining of laws in favor of one part of the nation to the prejudice and oppression of another is certainly the most erroneous and mistaken policy...An equal dispensation of protection, rights, privileges, and advantages, is what every part is entitled to, and ought to enjoy."
  17. Benjamin Franklin expressed the goal of America’s experiment in liberty when he said, "God grant that not only the love of liberty but a thorough knowledge of the rights of man may pervade all the nations of the earth, so that a philosopher may set his foot anywhere on its surface and say: This is my country."
As we reflect on current political developments, we should consider how far we are from that goal and how to rekindle America’s liberty.

Chaff and Countermeasures? – Timed During Impeachment, Another Report of Former FBI Director James Comey Under Investigation


Another New York Times report of James Comey under investigation for unscrupulous, potentially illegal, leaks surrounding the FBI Clinton investigation. However, a note of caution: is this simply chaff and countermeasures intended to keep the heat off corruption monitors Bill Barr and John Durham?


In 2018 congressman Jim Jordan noted James Comey had a special employee on assignment ‘off-the-books’.  People started asking questions and Fox News Catherine Herridge detailed how Daniel Richman held special access privileges to the FBI, as an outcome of former FBI Director James Comey authorizing his friend as a “Special Government Employee” or SGE.

According to The Times the current issues surround media leaks from James Comey to his “special FBI employee” friend Daniel Richman related to the Clinton investigation:
(VIA NYT) […] The latest investigation involves material that Dutch intelligence operatives siphoned off Russian computers and provided to the United States government. The information included a Russian analysis of what appeared to be an email exchange during the 2016 presidential campaign between Representative Debbie Wasserman Schultz, Democrat of Florida who was also the chairwoman of the Democratic National Committee at the time, and Leonard Benardo, an official with the Open Society Foundations, a democracy-promoting organization whose founder, George Soros, has long been a target of the far right.
In the email, Ms. Wasserman Schultz suggested that then-Attorney General Loretta E. Lynch would make sure that Mrs. Clinton would not be prosecuted in the email case. Both Ms. Wasserman Schultz and Mr. Benardo have denied being in contact, suggesting the document was meant to be Russian disinformation.
That document was one of the key factors that drove Mr. Comey to hold a news conference in July 2016 announcing that investigators would recommend no charges against Mrs. Clinton. Typically, senior Justice Department officials would decide how to proceed in such a high-profile case, but Mr. Comey was concerned that if Ms. Lynch played a central role in deciding whether to charge Mrs. Clinton, Russia could leak the email.
Whether the document was fake remains an open question. But American officials at the time did not believe that Ms. Lynch would hinder the Clinton email investigation, and neither Ms. Wasserman Schultz nor Mr. Benardo had any inside information about it. Still, if the Russians had released the information after the inquiry was closed, it could have tainted the outcome, hurt public confidence in the Justice Department and sowed discord.
Prosecutors are also looking at whether Mr. Richman might have played a role in providing the information to reporters about the Russia document and how it figured into Mr. Comey’s rationale about the news conference, according to the people familiar with the investigation. Mr. Comey hired Mr. Richman at one point to consult for the F.B.I. about encryption and other complex legal issues, and investigators have expressed interest in how he operated. (read more)

People are rightly skeptical of this latest report as all prior reports of Comey misconduct have been summarily dismissed by current DOJ corruption monitors.


What Sharyl Attkisson references is the IG referrals to no-where from the prior IG Report on James Comey.  The IG found serious issues with the way James Comey hid information and obstructed the FBI investigation of his memos.  Again another series of leaks to his friend, and special FBI employee, Daniel Richman.  However, the DOJ failed to take any action on those referrals…. so why would this be any different?

There was absolutely no doubt James Comey used his memos akin to FD-302 investigative reports from an FBI agent. Meaning, from beginning-to-end he considered himself an investigative agent against the President-elect and then President Trump.


Note: His recording of his encounter with the target, President-elect Trump should be “treated like FISA derived information in a counterintelligence investigation.” During this January 6th operation, Comey was the active FBI agent gathering evidence for later use. The collected intelligence would be shared with the team via memo #1.

Every encounter, and every aspect of every action within that encounter, was conducted in what Comey perceived as an official investigative capacity.

President Trump was the target of Comey’s operations and he wrote his memos as investigative notes therein. Example: Comey ran the January 6th, 2017, operation:

So the “small group”: Comey, McCabe, Strzok, Page, Baker, Priestap, Rybicki, et al, were running a counterintelligence operation against the incoming administration.
There are parts of the IG report highlighting a stunning amount of self-interest.

Example: Who made the decision(s) about what “was” or what “was not” classified? Or, put another way: who was making the internal decisions about Comey’s exposure to legal risk for sharing his investigative notes (memos) outside the department?

The answer is the same “small group” who were carrying out the operation:


James Baker, Peter Strzok, Andrew McCabe, James Rybicki and Lisa Page were determining what parts of James Comey’s investigative notes needed to be classified.

The corrupt FBI was in position to police itself. This is not a conflict of interest, it is better described as a profound conflict of self-interest.

The information the ‘small group‘ wanted to use to frame the target would be visible, not classified; however, any material that would outline the construct of their corruption in targeting the target would be hidden, classified. You can’t make this stuff up folks.

The “small group” WAS the sources and methods they were protecting.

Everything needed to understand that level of corruption is outlined in the way the IG report discusses the handling of James Comey’s investigative notes (ie. memos). AND the fact that James Comey kept them hidden, yes hidden. Read this stuff!

First, “no hard copies of any of the memos were found in Comey’s FBI office.”:


So, if the memos were not held in Director James Comey’s official FBI office, the next logical question is where were they?

Well, when Special Agents went to James Comey’s house, he still kept them hidden and never informed the agents:


If Mr. Altruism, James Comey, was simply fulfilling the duty of a concerned and dedicated FBI Director, why not tell the FBI agents -picking up FBI records- that he had copies of FBI investigative notes in his “personal safe” while they were there?

What honorable justification exists for keeping them hidden from valid investigators?

Obviously me, you and God are not the only ones able to see the sketchy nature of this construct. In fact, an internal FBI whistleblower came forward soon after that search of Comey’s home to request official “whistleblower status protection” from the IG.


Think logically…. What would prompt someone inside the FBI; who at some point gained access to the Comey memos; to request ‘whistleblower protected status’?

Doesn’t the “whistleblower request” indicate the requesting FBI official saw something nefarious in the way this was all going down?

Who was that ‘whistleblower’?

Well, first, Captain Obvious would tell you it has to be someone who actually gained possession of those memos right?…. this is not a big group. Second, you only need to read a few more pages of the IG report to see who it was:


The “whistleblower” was the Supervisory Special Agent described in page 38 as above.

The memos were “stored” in a “reception area“, and in locked drawers in James Rybicki’s office. [“Drawer safes” are silly FBI legal terms for fancy locked drawers] Also note…

Reception area“? “May 15th“?

May 10th, no-one knows where the memos are.  May 12th the FBI goes to James Comey’s House; again no mention of the memos he was keeping there.  Then all of a sudden, poof, May 15th and the memos are in the FBI “reception area”?

First, apparently no-one wanted to be the one holding the hot potato of investigative evidence (Comey memos); that ownership would outline them as participatory members in carrying out the targeting of then President Trump.

Oh, yeah, those investigative notes were not in “the office of the FBI Director” on May 10th, when you were here searching the last time,… for some mysterious reason.. they, uh,… well, they were discovered… May 15th in the “reception area“… yeah, yeah, that’s the ticket! Right under the four month old copy of People Magazine, n’ stuff.

….ARE YOU FRIGGIN’ KIDDING ME WITH THIS?

…AND secondly, the very next morning, GUESS what happened?…


Now we see why the FBI Supervisory Special Agent in charge in charge of inventorying Comey records asked the IG for official “whistleblower status.”

The SSA agent was surrounded by sketchy warning flares right there in the FBI executive suites.  May 10th, no memos; May 12th, Comey house, no memos; May 15th the memo’s mysteriously appear; and the next day Comey is taking pictures of the memos and sending them to his BFF Daniel Richman to send to the New York Times.

Of course the FBI SSA gave the Inspector General the seven memos, asked for whistle-blower protection, and likely told the IG the way they were produced stinks to high heaven. Good grief.  And the media can’t see this?

And U.S. Attorney Bill Barr can’t clearly see this?

And we can?

C’mon Man!

With that in mind, is this latest leak about yet another Comey investigation simply an effort by the DOJ to deflect and isolate themselves from anger and frustration while President Trump is going through an impeachment trial?

Given the history, the possibility cannot easily be dismissed.



(and since when do we believe anything NYT posts?)

China Surrenders to Reality in the Trade Dispute



China Surrenders to Reality in the Trade Dispute

Trump’s tariffs were an effective weapon, and Beijing had to bend as its economic growth slowed.


Photo: Getty Images/iStockphoto

The U.S. and China signed a “phase one” trade deal Wednesday—a meaningful victory in an economic conflict that’s been building for decades. The agreement is a credit to President Trump’s China strategy and a mark against his detractors.

When Mr. Trump took office, he quickly implemented targeted tariffs to pressure China into ending its abusive trade practices. Critics relentlessly assailed that decision. They contended that his “trade war” would crash the U.S. economy.

It turns out China depends more on exports to the U.S. than America does on Chinese imports. Where U.S. companies rerouted supply lines with the speed only free enterprise can attain, the tariffs wrecked the delicate balance of China’s state-managed markets. Last year China posted three straight quarters of around 6% annualized growth in gross domestic product. In the third quarter, it hit 6% flat, its weakest result in nearly three decades. The reality is likely worse than the official numbers. Economists have questioned the accuracy of China’s official economic data for years. Based on discussion with Asian business leaders and our personal experience, neither of us would be surprised if China’s real growth is in the 0% to minus-2% range.

The fight with China had to come eventually and Mr. Trump’s deregulation and tax reform helped position the U.S. economy to endure it. For years, Chinese corporations have brazenly stolen U.S. intellectual property and dumped goods on the American market in violation of U.S. law. Meanwhile, Beijing has regularly subsidized strategic industries such as telecommunications and energy, required foreign firms to transfer their technology in exchange for access to the Chinese market, and manipulated its currency to create artificial trade advantages for Chinese companies.

Beijing got away with this behavior because it permitted remarkably low wages and dismal working conditions. By exploiting its people’s poverty, Communist leaders lured foreign money, particularly into manufacturing. Labor costs have since skyrocketed in China, but the U.S. still acquiesced on trade.

For years Beijing was accommodated by U.S. presidents from both parties, all unwilling to take a hard stand. Regrettably, America’s allies also followed the path of appeasement. China has lied, cheated and stolen its way to a massive trade surplus, which it has used to fuel a dramatic increase in military expenditures and strategic infrastructure investment in East Asia and beyond.

Mr. Trump recognized that the only way to make U.S.-China trade fair is to force Beijing to the table. By imposing stiff tariffs, the president put an end to appeasement. In the process, American voters have turned against Beijing. Simultaneously, the administration crafted bilateral trade deals with Japan and South Korea along with the U.S.-Mexico-Canada Agreement. China has seen America’s economic clout and this administration’s willingness to wield it.

Though the U.S. trade deficit with China rose during Mr. Trump’s first two years in office, it shrank in 2019. This past November, America’s global trade deficit hit its lowest point since 2016, driven by significant improvements in the trade balance with China. In that month alone, the deficit with China shrank by $2.2 billion, split between a $1.4 billion increase in exports and an $800 million reduction in imports. Those numbers will help boost third-quarter gross domestic product.

The South China Morning Post reports that a “manufacturing exodus” is under way as companies relocate their factories from China to other low-cost countries. Among those working to shift manufacturing out are major tech companies—HP, Dell and Microsoft—as well as large retailers such as Nike. Once a business incurs the one-time cost of shifting its supply chain out of China, it is unlikely to return. We were told by CEOs whose companies are some of the largest direct investors in China that they are altering their risk assessment on Beijing. They made clear that further investment in China is off the table.

After talking tough for years, China’s negotiators are now bowing to reality. According to the Office of the U.S. Trade Representative, Beijing has agreed to “structural reforms and other changes” in the areas of “intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange,” as part of the phase one deal.

In addition, China has promised to increase its purchases of U.S. exports by at least $200 billion over the next two years, reducing the trade gap even further and boosting prospects for American farmers, who have borne the brunt of the trade war.

Beijing has robbed the U.S. for years while the government stood by helplessly. Mr. Trump’s long-criticized policies have done much to ensure that America never again grovels at the feet of the Chinese Communist Party.

Mr. Puzder is a former CEO of CKE Restaurants and author of “The Capitalist Comeback: The Trump Boom and the Left’s Plot to Stop It.” Mr. Hagerty served as U.S. ambassador to Japan, 2017-19, and is a U.S. Senate candidate for Tennessee.

Flynn Update – Judge Sullivan Grants Continuance, Requests Briefs and Sets Hearing Date…

credit: sundance at CTH

Judge Emmet Sullivan has granted the Flynn motion for continuance and established a briefing schedule for consideration on the Flynn motion to withdraw his guilty plea.  Judge Sullivan has set February 27th, 2020, as the next date for a hearing in his courtroom.



It will be interesting to watch how the Bill Barr DOJ responds to Flynn’s request to withdraw his guilty plea. UPDATE: Flynn brief in support of motion to withdraw:


Trump Wants to Cut...


Trump Wants to Cut 
‘Environmental Impact Statements’ Down to Size
Pipes for Transcanada Corp’s planned Keystone XL oil pipeline at a depot in Gascoyne, N.D., in 2017. (Terray Sylvester/Reuters)

His administration's controversial new rule
would make it easier to build infrastructure.

The typical American probably has never read an “environmental impact statement,” but these documents have nonetheless become a traditional example of bureaucratic red tape, the kind of thing that stops a big project over some animal you’ve never heard of. There’s a good reason for this: The things are ridiculous, and they’re one of the reasons it takes so long to build infrastructure in this country.

And the Trump administration has proposed a rule that could cut them down to size.

EISs are part of the process that the National Environmental Policy Act (NEPA), enacted in 1970, requires federal agencies to undergo when deciding whether to go through with a big project they’re involved with, such as a bridge or pipeline. (The substantive environmental rules come from other statutes, such as the Clean Air Act.) These reports were intended to be accurate and helpful summaries of how the projects would affect the environment, but things got out of hand. Today, on average, an impact statement runs over 600 pages and the process takes half a decade. And there are often lawsuits after the fact, which the statements’ drafters anticipate by padding the documents with legalese.

It’s not just some crazy right-wing talking point that this is unreasonable. As the administration’s proposal documents, past administrations stretching back decades have decried the situation and taken some steps to speed things up. Jimmy Carter issued an executive order requiring EISs to be “concise, clear, and to the point.” A study in the Clinton administration highlighted “the length of NEPA processes, the extensive detail of NEPA analyses, and the sometimes confusing overlay of other laws and regulations.” There has been a constant flow of guidance documents, handbooks, and the like urging officials to keep it brief. But the core regulations implementing NEPA haven’t been changed in about 40 years.

So the administration’s proposed rule attempts once again to impose some common sense. There will be a “presumptive” time limit of two years for the federal government to complete an impact statement (and one year for the more cursory “environmental assessment”), with a 300-page limit on the document itself (75 pages for assessments). More projects will be deemed small enough to escape review. And when multiple agencies are involved in a review, the rule will clarify who’s in charge and require closer cooperation.

On the more controversial side, the environmental “effects” that NEPA requires agencies to consider will be limited to those that are “reasonably foreseeable and have a reasonably close causal relationship to the proposed action or alternatives”; they will not include the “cumulative” effects of infrastructure on climate change, though a Trump official told the New York Times that the rule wouldn’t outright forbid consideration of greenhouse gases. This puts the NEPA process in its proper place: We certainly do need to take steps to fight climate change, but at the same time, it makes little sense to have federal agencies making wild guesses about the global harms of each individual transit and energy project. If you want to discourage carbon emissions in a systematic way, have Congress impose a carbon tax or regulate emission levels directly, rather than having the executive branch swat down infrastructure improvements on a case-by-case basis. And if Congress does want to take the latter approach for some reason, it should say that explicitly, rather than counting on the executive bureaucracy to read speculative climate-change concerns into a law passed half a century ago.

(And by the way, if Congress doesn’t like what the president is doing, it’s free to clarify, rewrite, or — as some conservatives have suggested — repeal NEPA. Remember, NEPA only spells out a review process; without it, all the other federal and state environmental laws would continue to apply.)

The most important question, of course, is whether the administration can actually pull this off. This is only a proposal; a final rule won’t come out for months, and if past is precedent, activists will try to take that down in court. Once the rule is in effect, for it to make any difference, agencies will have to respect those presumptive time limits without availing themselves of the rule’s exceptions too promiscuously. And as soon as next year, Trump could be replaced by a Democrat without the same zeal for hacking away red tape.

Ironically, but unsurprisingly for a “notice of proposed rulemaking,” the plan itself is an example of how tedious and unreadable a government document can be. The PDF runs 47 pages, spelling out in agonizing detail how the new rule will change existing regulations. Copy editors will be glad to hear the administration wants “replace the word ‘insure’ with ‘ensure,’ consistent with modern usage”; those who want to know about new “responsibilities for senior agency officials, such as approval to exceed page or time limits,” are told to check the proposed wordings of “§§ 1501.5(e), 1501.7(d), 1501.8(b)(6) and (c), 1501.10, 1502.7, and 1507.2.”

Is the government capable of running as smoothly and writing as clearly as the administration wants it to? I guess we’ll know soon enough.

The Ever-Elusive Idea of ...


The Ever-Elusive Idea of 
Freedom in the Middle East
Demonstrators shout slogans during ongoing anti-government protests in Baghdad, Iraq, January 10, 2020. (Thaier al-Sudani/Reuters)

Liberal democrats, Islamists, ethnic and religious minorities, majorities not in power — all define the concept differently.

The past decade of conflict in the Middle East has exposed a gap in the understanding of freedom and of what the idea means in the varying communities, societies, and countries of the region. This misunderstanding has been between the Middle East and the rest of the world (primarily the West), between countries within the region, and within countries themselves, as the concept of freedom has continued to develop over the past century in the region. As layers of “non-freedom” have been peeled back, new barriers to freedom emerge. While this misunderstanding of an idea is not uniquely the cause of the region’s turmoil, it is indeed in the background of most conflicts there, particularly those defined as an oppressed people against a dictatorial regime or aggressive enemy.

Early in the 20th century, freedom in the Middle East was primarily thought of as freedom from colonization — e.g. the freedom of the Turkish people from being divided up by Greece, Russia, France, etc., and the freedom of the Arabs from the Turkish Ottoman Empire, and then from European colonialism, and so on and so forth. The success in gaining freedom from colonialism led directly to the nationalist era in Middle Eastern politics, which in many ways has lasted to today, though it is arguably weaker than it has been since its inception, at least in the Arab countries of the region. Nationalism in its modern form is mostly a foreign concept to the Middle East, existing seriously only since the mid-19th century or so. It is an attempt to import a model that worked in Europe — the nation-state — into a region with a fundamentally different national and social history.

More so than Europe, the Middle East is a patchwork of ethnicities (nations) living on top of, rather than next to, one another. While the European nation-state often subjected those at the periphery to adopt the national identity of the center — as the culture and language of Paris and Madrid, for example, were imposed on Basques and Catalans — in the Middle East such various groups often live within the same city and overlap in ways that make it impossible to draw a map separating people along ethnic lines. The creation of the nation-state in the Middle East led to a zero-sum game of winners and losers, with competing groups fighting for absolute control over the same territory. After a successful military campaign against Greece, France, Italy, and the United Kingdom, Turkey won its independence and created a state of, by, and for the Turkish people. Through genocide, they eliminated other populations living in the same geographical space — the Armenian, Greek, Assyrian, Syriac, and Chaldean Christian communities that formed a demographic threat to the Turkishness of Turkey. The Kurdish population, which became demographically dominant over areas once mixed with Christians, has been suffering the same fate as Turkey’s attempt to Turkify every corner of the country continues.

Since the de facto elimination of Turkey’s Christian population, the Turkish state has made token gestures of outreach to the remaining minuscule communities, because they no longer represent a serious threat to the Turkishness of Turkey. Promoting the small remaining minorities allows Turkey to maintain its standing in the international community, even as it continues its campaign to Turkify public and private life. Last year, for example, President Recep Tayyip Erdogan made a big show of announcing the construction of a new Syriac Orthodox church in Istanbul. Erdogan is unlikely to make the same gesture to the Kurdish community in the near future, although Kurds had a lot of hope in Erdogan and his AKP (Justice and Development Party) when they first took power. As the situation stands today, however, Kurdish nationalism and Turkish nationalism are competing forces that cannot exist side by side, and Turkish nationalism is one and the same as the state of Turkey. And so the Kurdish struggle for freedom in Turkey, as in Iraq, Syria, and Iran, remains a national (ethnic) struggle for collective freedom.

In the Arab-majority countries of the Middle East, the postcolonial trajectory went strongly in the direction of pan-Arab nationalism. Arabs in the 19th century had come to resent Ottoman (Turkish) rule over Arabs. The nahda, or renaissance, the intellectual reawakening of the Arab world in the 19th century, started as a cultural movement but by the turn of the 20th century had taken on a political tone as well. In Le Réveil de la Nation Arabe (1905), one of the founding texts of the political Arab nationalist project, Negib Azoury (writing in French, probably showing that his primary audience was foreign governments, soon to become colonial rulers over the region) laid out the vision: “The Arab countries to the Arabs, Kurdistan to the Kurds, Armenia to the Armenians, the Turkish countries to the Turks, Albania to the Albanians, the Islands of the Archipelago to Greece, and Macedonia split between the Greeks, the Serbs, and the Bulgarians.” In World War I, this idea of (collective) Arab freedom culminated in the support of Hussein bin Ali, the sharif of Mecca, for the British side against the Ottoman Empire, in exchange for the promise of (collective) Arab freedom after the war, in the form of a unified Arab nation with Hussein as monarch. The Brits, however, abandoned the promise, and the Arab world, split between French and British colonization and influence, was divided into the countries we know today. Freedom meant Arab freedom from the Ottomans first, then from the British and French.

As the countries won independence from the European colonial powers, the powerful appeal of pan-Arab nationalism grew across the region, whose people felt that the contemporary map represented an arbitrary division of Arab people (nation). The most potent manifestation of this sentiment as a political project was the United Arab Republic, in which Syria and Egypt joined to form one country from 1958 to 1961. While the project was supposed to be the first step toward the unity of the Arab world, the reality was that Syria became an Egyptian colony under Gamal Abdul Nasser. The unity project was undone by a coup of Syrian officers who restored Syria’s independence.

Although Syrian governments continued to proclaim Arab unity as their stated objective, particularly after the Baath party came to power in 1963, pan-Arabism was essentially dead as a practical political project, living on only as a sentiment to rally the masses. Syria’s situation was similar to that of many other Arab countries. The ideological struggle that characterized the first several decades after independence from European colonization was replaced by authoritarian dictatorships still espousing Arab unity, but focusing inward on the project of subjugating non-Arab peoples to Arab domination, and of subjecting all dissenters — Arab or otherwise — to the authority of state (often one and the same as the ruling party).

Ethnic struggles (such as that of the Kurds) for collective freedom remained potent, but now the majority-Arab populations of countries such as Syria and Iraq identified a new barrier to freedom: dictatorial regimes and their leaders. Dissent was suppressed to terrifying degrees, resulting in various forms of resistance emerging from different corners: liberal democrats, Islamists, ethnic and religious minorities, majorities not in power, etc. Also contributing to this new understanding was the importation of liberalism with its emphasis on individual rights. Again, people sought to bring to the Middle East a model that worked in Europe, where governments treated citizens as individuals and guaranteed their rights regardless of their religious or ethnic identity. The first barrier to freedom was removed, that of foreign domination, but, peeled away, it only exposed further layers of oppression. The principle of individual rights has a powerful appeal, however, and won’t be written off by people in the region even as the Middle East descends further into chaos, and, viewed from the outside, events seem to be driven more by ethnic and sectarian divisions than by struggles for liberal democracy.

In Syria, for example, where the struggle for collective Arab freedom from Turkish and European colonization had succeeded, those dissatisfied with Baathist rule transitioned to a struggle for different freedoms. For some, the struggle was for individual freedom, such as political freedoms and freedom of expression. For others, the struggle for religious freedom was paramount. In practice, that latter struggle often meant the replacement of authoritarian pseudo-secularism with authoritarian and majoritarian religious rule. In 2011, those two struggles — for individual freedoms and for religious freedoms, causes often integrated in the minds of those who fought for them — moved against their common enemy: the oppressive Baathist state. Their proponents did not, however, have a shared vision for the post-Baathist Syria, and, of course, the lines between the two strains of thought were blurry. Did freedom mean individual rights, particularly in the political realm? Or an increased role for the majority-Sunni religion in the public realm? In working against Baathist repression, what the liberal intellectual elite sought was very different from what, say, the Muslim Brotherhood sought.

Meanwhile, in a parallel development, non-Arab ethnic groups continued to pursue the collective freedom that Arabs had already gained. In Iraq, the Kurds had fought a long, on-again, off-again battle for collective rights against the Iraqi state. Working to secure the rights of their people to be recognized as non-Arab populations, Kurds and Syriacs in northeastern Syria founded several new political parties. In 2003, the PYD (Democratic Union Party) was founded to represent Kurdish political rights, though Kurdish political parties had long existed. Likewise, the Syriac Union Party was founded in 2005, seeking recognition for the Syriac (Christian) minority to be recognized as non-Arabs.

For these movements, the struggle for freedom was primarily a struggle for the recognition of the existence of non-Arab peoples within the Syrian Arab Republic, as the country is officially known. From 2012 onward, these parties came to power in Syria’s northeast and eventually formed the Autonomous Administration, which governs the areas under the control of the Syrian Democratic Forces, an alliance representing multiple ethnicities. The most fundamental principle of the Autonomous Administration has been that each ethnic or religious community has the right to exist within a common polity. Critics see it as a Kurdish nationalist project disguised as pluralism and simply replacing the existing “Arabistan” with a Kurdistan, but its defenders say it is the only system to recognize the equality of the Kurdish, Syriac, and Arab communities (alongside smaller minorities including Armenians, Turkmen, and Circassians). More so than the Syrian opposition, it has also recognized that Syrians see themselves first as members of a group and then as individuals, at least on a political level. And individual rights can be guaranteed only when the rights of the various collectives within Syria have been firmly established.

This project was protected by the Western military presence in Syria’s northeast but now faces an existential threat from both Turkey and the Syrian government. Following President Trump’s decision — now again reversed — to withdraw U.S. troops from Syria, Turkey invaded the area (or, more accurately, Turkish threats of an invasion prompted the U.S. withdrawal). Turkey’s opposition to the Autonomous Administration comes primarily from the fear that this model could embolden the Kurdish community, whose collective rights continue to be denied by the Turkish government. The majorities in Turkey (Turkish) and Syria (Arab) have little sympathy for Kurdish aspirations and demand minority submission to the larger nationalist project. It is no surprise, then, that the largely Kurdish political party in Turkey, the HDP (People’s Democratic Party), quickly denounced the attempted military coup of July 2016 in Turkey, despite their strong opposition to Erdogan’s AKP government. Had the coup succeeded, they would merely have been switching one Turkish nationalist oppressor for another. Likewise, the Kurdish community of Syria’s northeast was slower to call for the fall of the regime in 2011, as a simple switch from the Baathist regime to the opposition would have been trading one Arab nationalist entity for another, so deeply is pan-Arabism engrained in the Syrian national psyche, regime and opposition alike.

The conundrum, then, for those calling for and seeking “freedom” in the Middle East is that, as layers of “nonfreedom” are peeled back, new layers of nonfreedom appear. Sometimes the layers remain unpeeled and their contradictions unexposed. For Palestinians, for example, the struggle for freedom remains a collective one, and the barrier to that freedom remains Israel and Zionism. But if those barriers were removed, perhaps in the form of an independent Palestinian state, would the Palestinian people be free? Maybe yes, maybe no. They would find themselves in the same situation as that of their Arab neighbors who have long had freedom from a colonial power. Still, they can hardly be considered free, if the last decade of unrest in the region is any indication that the people have not considered the status quo to be “freedom,” however defined.

Each country in the Arab world has its own distinct history and unique political structure, so generalizations across the region are difficult. However, it is striking to note that, almost without exception, the Arab countries with a monarchical system have not experienced serious threats to the state’s power since the start of the Arab spring: Morocco, Jordan, Saudi Arabia, Oman, Qatar, and Kuwait. Bahrain is a tricky example, but it can be included as well for now.

In contrast, the republics of the region have all seen either governmental collapse or serious threats to the state’s hold on power: Algeria, Tunisia, Egypt, Sudan, Syria, Yemen, Libya, Iraq. Here, Lebanon presents a tricky example, but ongoing protests there against the government show that the system in Lebanon is vulnerable as well; it can be included here, despite its unique demographics and history,which set it apart from other countries in the region.

This contrast between the monarchies and the republics (a couple of anomalies notwithstanding) opens up the question of legitimacy and power and of how they relate to freedom: Is it possible to create a legitimate system that guarantees the rights both of the individual and of the various collectives in these diverse countries? The monarchies have created legitimacy but are mostly not free. Some of the republics, including Iraq and Lebanon, are “free” to a point of anarchy. Finding the right system, one that can provide both freedom and legitimacy, is the primary task facing the Arab world today, and is relevant to non-Arab countries of the region as well.

A legitimate political system that can guarantee freedom remains elusive in the Middle East. Identifying such a system, and figuring out how to implement it, should be the primary task of serious thinkers in the region. Can protesters in Beirut and Baghdad provide an answer to the problem? It is probably not on the front of their minds as they dodge bullets from their elected governments. However, the success or failure at creating a legitimate, free political system will determine the future of the region more than anything else as the Middle East enters the third decade of the 21st century, stumbling along, bloodily.