Category Archives: Issues

Why China and Europe should form the world’s most powerful ‘climate bloc’

Christian Downie, UNSW Australia

It seems almost certain that US President-elect Donald Trump will walk away from the Paris climate agreement next year. In the absence of US leadership, the question is: who will step up?

Sadly this is not a new question, and history offers some important lessons. In 2001 the world faced a similar dilemma. After former vice-president Al Gore lost the 2000 election to George W. Bush, the newly inaugurated president walked away from the Kyoto Protocol, the previous global pact to reduce greenhouse gas emissions.

That sent shockwaves around the world, and left nations facing a choice about what to do in the United States’ absence – something they may face again next year. The choice was made more difficult because the US withdrawal made it less likely that the Kyoto Protocol would ever come into force as a legally binding agreement.

However, Europe quickly picked up the baton. Faced with a US president who had abdicated all responsibility to lead or even participate in the global emissions-reduction effort, the European Union led a remarkable diplomatic bid to save Kyoto.

To the surprise of many people, especially in the United States, this diplomatic push brought enough countries on board to save the Kyoto Protocol, which came into force in 2005 following Russia’s ratification.

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Trump to scrap NASA climate research in crackdown on ‘politicized science’

The Guardian reports: Donald Trump is poised to eliminate all climate change research conducted by Nasa as part of a crackdown on “politicized science”, his senior adviser on issues relating to the space agency has said.

Nasa’s Earth science division is set to be stripped of funding in favor of exploration of deep space, with the president-elect having set a goal during the campaign to explore the entire solar system by the end of the century.

This would mean the elimination of Nasa’s world-renowned research into temperature, ice, clouds and other climate phenomena. Nasa’s network of satellites provide a wealth of information on climate change, with the Earth science division’s budget set to grow to $2bn next year. By comparison, space exploration has been scaled back somewhat, with a proposed budget of $2.8bn in 2017.

Bob Walker, a senior Trump campaign adviser, said there was no need for Nasa to do what he has previously described as “politically correct environmental monitoring”. [Continue reading…]

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The seeds of the alt-right, America’s emergent right-wing populist movement

George Michael, Westfield State University

In recent months, far-right activists – which some have labeled the “alt-right” – have gone from being an obscure, largely online subculture to a player at the very center of American politics.

Long relegated to the cultural and political fringe, alt-right activists were among the most enthusiastic supporters of Donald Trump. Earlier this year, Breitbart.com executive Steve Bannon had declared the website “the platform for the alt-right.” By August, Bannon was appointed the CEO of the Trump campaign. In the wake of Trump’s victory, he’ll be joining Trump in the White House as a senior advisor.

I’ve spent years extensively researching the American far right, and the movement seems more energized than ever. To its critics, the alt-right is just a code term for white nationalism, a much-maligned ideology associated with neo-Nazis and Klansmen. The movement, however, is more nuanced, encompassing a much broader spectrum of right-wing activists and intellectuals.

How did the movement gain traction in recent years? And now that Trump has won, could the alt-right change the American political landscape?

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When doctors first do harm

M. Gregg Bloche writes: President-elect Donald J. Trump on Tuesday expressed reservations about the use of torture. But he did not disavow the practice, or his promise to bring it back. And if he does, C.I.A. doctors may be America’s last defense against a return to savagery. But they’ll need to break sharply with what they did the last time around.

Buried in a trove of documents released last summer is the revelation that C.I.A. physicians played a central role in designing the agency’s post-Sept. 11 torture program. The documents, declassified in response to an American Civil Liberties Union lawsuit, show in chilling detail how C.I.A. medicine lost its moral moorings. It’s long been known that doctors attended torture as monitors. What’s new is their role as its engineers.

The documents include previously redacted language from a directive by the C.I.A.’s Office of Medical Services telling physicians at clandestine interrogation sites to flout medical ethics by lying to detainees and collaborating in abuse. This language also reveals that doctors helped to design a waterboarding method more brutal than what even lawyers for the George W. Bush administration allowed. [Continue reading…]

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Donald Trump raises prospect of keeping ties to his firms

The Wall Street Journal reports: Donald Trump indicated Tuesday he was unlikely to disentangle himself from his business empire as fully as he previously suggested, raising questions about potential conflicts of interest while president.

Mr. Trump and his representatives said during the campaign he would have nothing to do with his businesses if he became president, promising a “total and complete separation.”

But since the election, Mr. Trump has met with foreign business partners and involved daughter Ivanka Trump in such discussions, even though he has said his children will run his companies during the presidency as a way to separate their operations from the White House.

On Tuesday, Mr. Trump told the New York Times that “the law’s totally on my side” and that “the president can’t have a conflict of interest.” [Continue reading…]

The Washington Post reports: Donald Trump’s chief White House strategist Stephen K. Bannon accepted $376,000 in pay over four years for working 30 hours a week at a tiny tax-exempt charity in Tallahassee while also serving as the hands-on executive chairman of Breitbart News Network.

During the same four-year period, the charity paid about $1.3 million in salaries to two other journalists who said they put in 40 hours a week there while also working for the politically conservative news outlet, according to publicly available documents filed with the Internal Revenue Service.

The salary payments are one part of a close relationship between the nonprofit Government Accountability Institute, a conservative investigative research organization, and for-profit Breitbart News. [Continue reading…]

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Want to know if the election was hacked? Look at the ballots

J. Alex Halderman writes: You may have read at NYMag that I’ve been in discussions with the Clinton campaign about whether it might wish to seek recounts in critical states. That article, which includes somebody else’s description of my views, incorrectly describes the reasons manually checking ballots is an essential security safeguard (and includes some incorrect numbers, to boot). Let me set the record straight about what I and other leading election security experts have actually been saying to the campaign and everyone else who’s willing to listen.

How might a foreign government hack America’s voting machines to change the outcome of a presidential election? Here’s one possible scenario. First, the attackers would probe election offices well in advance in order to find ways to break into their computers. Closer to the election, when it was clear from polling data which states would have close electoral margins, the attackers might spread malware into voting machines in some of these states, rigging the machines to shift a few percent of the vote to favor their desired candidate. This malware would likely be designed to remain inactive during pre-election tests, do its dirty business during the election, then erase itself when the polls close. A skilled attacker’s work might leave no visible signs  —  though the country might be surprised when results in several close states were off from pre-election polls.

Could anyone be brazen enough to try such an attack? A few years ago, I might have said that sounds like science fiction, but 2016 has seen unprecedented cyberattacks aimed at interfering with the election. This summer, attackers broke into the email system of the Democratic National Committee and, separately, into the email account of John Podesta, Hillary Clinton’s campaign chairman, and leaked private messages. Attackers infiltrated the voter registration systems of two states, Illinois and Arizona, and stole voter data. And there’s evidence that hackers attempted to breach election offices in several other states. [Continue reading…]

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Trump’s disavowal of the alt-right movement is meaningless

CNN reports: Donald Trump has never been one to shy away from speaking — or more accurately, tweeting — his mind.

But critics say it took him too long to publicly disavow a shockingly racist speech Saturday by a white nationalist leader whose rallying cry mirrored Adolf Hitler’s.

“Hail Trump, hail our people, hail victory,” Richard Spencer shouted from the podium of the annual convention for his think-tank called The National Policy Institute. Spencer calls himself the founder of the “alt-right” movement, a label that’s been applied to far-right extremists advocating for white nationalism.

The scene, taking place less than a mile from the White House, was reminiscent of Nazi-era Germany, with several members of the audience cheering with the straight-arm Hitler salute.

At times speaking in German, Spencer’s 30-minute speech included the unmistakable marriage of Neo-Nazi hate and Trump’s campaign slogan.

“It is only normal again when we are great again,” Spencer said.

A Trump transition spokesman released a short media statement Monday evening, but it took Trump until Tuesday to publicly disavow the group in his own words. And it came only when pressed in a meeting with New York Times reporters, editors and executives,
Of course I disavow and condemn them,” Trump said when asked about the group.

But Oren Segal, director of the Anti-Defamation League, says Trump needed to do it sooner.

“There seems to be a pattern in the Trump administration of waiting until the last moment. And we just don’t have the luxury for that. When there are Nazi salutes in D.C., it’s important to condemn it at the moment,” Segal said. [Continue reading…]

Let’s wind the clock back and imagine that Trump had condemned and disavowed Spencer and the alt-right movement within the first few hours of the Washington video going viral — the swiftness of his statement would still have meant nothing more than a growing awareness that he needed to distance himself from a long-standing and increasingly toxic relationship.

If Trump really had a problem with alt right, he wouldn’t have chosen Steve Bannon as his chief strategist and closest adviser.

Neither of them can now credibly distance themselves from ties they have long nurtured.

If Bannon actually had a problem with the movement, he wouldn’t have anointed his publication, Breitbart News, as “platform for the alt-right.”

At his meeting with staff at the New York Times yesterday, Trump said of Bannon: “If I thought he was a racist, or alt-right, or any of the things that we can, you know, the terms we can use, I wouldn’t even think about hiring him.”

No one in the room had the guts to vigorously challenge him even though Bannon’s ties to alt-right have long been explicit and unambiguous — as Sarah Posner reported in August:

“We’re the platform for the alt-right,” Bannon told me proudly when I interviewed him at the Republican National Convention (RNC) in July. Though disavowed by every other major conservative news outlet, the alt-right has been Bannon’s target audience ever since he took over Breitbart News from its late founder, Andrew Breitbart, four years ago. Under Bannon’s leadership, the site has plunged into the fever swamps of conservatism, cheering white nationalist groups as an “eclectic mix of renegades,” accusing President Barack Obama of importing “more hating Muslims,” and waging an incessant war against the purveyors of “political correctness.”

“Andrew Breitbart despised racism. Truly despised it,” former Breitbart editor-at-large Ben Shapiro wrote last week on the Daily Wire, a conservative website. “With Bannon embracing Trump, all that changed. Now Breitbart has become the alt-right go-to website, with [technology editor Milo] Yiannopoulos pushing white ethno-nationalism as a legitimate response to political correctness, and the comment section turning into a cesspool for white supremacist mememakers.”

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How Trump became troll in chief for the alt-right movement

Mother Jones reports: Jeff Blehar had no idea he was about to become a conduit for a virulent political awakening. It was July 2015, and the conservative writer and outspoken critic of freshly minted presidential candidate Donald Trump was being pummeled on Twitter with a profane-sounding political dis: “cuckservative.” The term, which had recently begun appearing on fringe internet forums, was meant to denigrate mainstream Republicans as impotent traitors, in part by evoking a genre of porn that features white men watching their wives have sex with black men.

“I want to congratulate [the] guy who keeps calling me a ‘cuckservative’—you win, dude,” Blehar tweeted sarcastically. “You’re right, and I’m deleting my account out of shame.”

Conservative pundit and Trump critic Erick Erickson soon weighed in, tweeting that he had read about cuckservatism in the white nationalist Radix Journal. Now it was game on for the trolls. A user named “dindu refugee” called Erickson “a cuckservative if I’ve ever seen one.” Paul Kersey, creator of the racist blog Stuff That Black People Don’t Like, taunted Erickson about previously living in Macon, Georgia: “Now it’s a black hellhole which you won’t dare mention. #Cuckservative.”

Explainers soon appeared in The New Republic, BuzzFeed, and the Washington Post, ushering the insult into the broader political lexicon. National Review’s David French complained of being brutally trolled with “cuckservative” taunts for having adopted a child from Ethiopia. Glenn Beck lamented, “It is everywhere now.”

The attacks may have seemed like just a fleeting, perverse twist on RINO (“Republican in name only”), but in fact they were something far more ominous — the stirrings of a loosely knit extremist movement soon more widely known as the “alt-right.” Thanks to Trump’s demagogic campaign—throughout which he would circulate bigoted memes to his millions of Twitter followers — the alt-right now had an opportunity to inject racism, misogyny, and xenophobia into mainstream American politics. Provocative but obscure online rhetoric was quickly morphing into something more serious and powerful: the normalization of the politics of hate.

It never would have happened without Trump acting as troll in chief. Already admired by extremists for his ongoing birther crusade against President Barack Obama, Trump riveted their attention when he announced his White House run and vowed to build a border wall to keep out Mexican criminals and “rapists.” That soon earned him praise from a who’s who of white nationalists, neo-Nazis, Klansmen, and militia supporters. [Continue reading…]

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There’s no better term for the alt-right than alt-right

Osita Nwanevu writes: Tuesday afternoon, in the wake of this past weekend’s widely covered meeting of Richard Spencer’s white supremacist National Policy Institute, ThinkProgress published an editor’s note telling readers the site will no longer use the descriptor alt-right:

You might wonder what, if anything, distinguishes the alt-right from more hidebound racist movements such as the American Nazi Party and the Ku Klux Klan. The answer is very little, except for a bit of savvy branding and a fondness for ironic Twitter memes. Spencer and his ilk are essentially standard-issue white supremacists who discovered a clever way to make themselves appear more innocuous — — even a little hip.

The note goes on to say that ThinkProgress will use the terms white supremacist and white nationalist as it deems appropriate to describe the rising crop of racist far-right groups, individuals, and publications that have risen to prominence before, during, and after the 2016 election. ThinkProgress will reserve the term neo-Nazi, which many in the media have insisted is the most apt replacement for alt-right, for those who refer to themselves as neo-Nazis “or adopt important aspects of Nazi rhetoric and iconography.”

The debate over what to call Spencer and his ilk is more than a purely semantic one. The wrong terminology, ThinkProgress and others have argued, could contribute to the normalization and promotion of virulently racist beliefs. The fact that alt-right is a label Spencer chose himself also places it under deserved scrutiny.

But alt-right, for now, remains the least wrong and most broadly useful moniker. As I pointed out in an etymology back in August, it remains the term that, in its lack of specificity, best encompasses the broad array of beliefs espoused by those who have adopted the label: [Continue reading…]

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Experts urge Clinton campaign to challenge election results in three swing states based on evidence of hacking

New York magazine reports: Hillary Clinton is being urged by a group of prominent computer scientists and election lawyers to call for a recount in three swing states won by Donald Trump, New York has learned. The group, which includes voting-rights attorney John Bonifaz and J. Alex Halderman, the director of the University of Michigan Center for Computer Security and Society, believes they’ve found persuasive evidence that results in Wisconsin, Michigan, and Pennsylvania may have been manipulated or hacked. The group is so far not speaking on the record about their findings and is focused on lobbying the Clinton team in private.

Last Thursday, the activists held a conference call with Clinton campaign chairman John Podesta and campaign general counsel Marc Elias to make their case, according to a source briefed on the call. The academics presented findings showing that in Wisconsin, Clinton received 7 percent fewer votes in counties that relied on electronic-voting machines compared with counties that used optical scanners and paper ballots. Based on this statistical analysis, Clinton may have been denied as many as 30,000 votes; she lost Wisconsin by 27,000. While it’s important to note the group has not found proof of hacking or manipulation, they are arguing to the campaign that the suspicious pattern merits an independent review — especially in light of the fact that the Obama White House has accused the Russian government of hacking the Democratic National Committee. [Continue reading…]

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Michael Flynn in August: Islamism a ‘vicious cancer’ in body of all Muslims that ‘has to be excised’

CNN reports: Donald Trump’s pick to be national security adviser, retired Lt. Gen. Michael Flynn, called Islamism a “vicious cancer inside the body of 1.7 billion people” that has to be “excised” during an August speech.

Flynn, who has called Islam as a whole a “cancer” in the past, made the comments during a speech to the Ahavath Torah Congregation in Stoughton, Massachusetts. Video of his speech is available on YouTube and was reviewed by CNN’s KFile.

“We are facing another ‘ism,’ just like we faced Nazism, and fascism, and imperialism and communism,” Flynn said. “This is Islamism, it is a vicious cancer inside the body of 1.7 billion people on this planet and it has to be excised.”

In the same speech, Flynn falsely claimed that Florida Democrats voted to impose Islamic shariah law at the state and local level. The claim, peddled by far-right blogs in 2014, was rated “pants on fire” by the independent fact-checking organization PolitiFact, which explained that the bill in question was about prohibiting judges from using foreign law in family law cases if the law conflicted with existing U.S. policy. Democrats voted against the bill, saying it was unnecessary and targeted Muslims in the state. [Continue reading…]

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Middle East rights activists, dismayed by Obama, fear Trump will be much worse

The Washington Post reports: Human rights activists fighting a wave of repression across the Middle East are bracing for an American president they fear will empower autocrats and roll back U.S. support for democracy initiatives in the region.

President-elect Donald Trump has shown little regard for human rights issues, activists say, and has praised authoritarian leaders in countries including Turkey and Egypt.

The Obama administration — which sold arms to despots in the region even as it cracked down on opponents — has disappointed many rights advocates. But President Obama has also pressed Middle East governments to curb abuses and enact democratic change.

Trump, by contrast, has not only lauded some of the region’s strongmen but also called for torturing terrorism suspects and killing the families of Islamic State fighters as a way to defeat the extremist group. His rhetoric has alarmed local human rights defenders who say their situation is tenuous enough already. [Continue reading…]

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Trump’s embrace of Putin may soon come to resemble a kiss of death

Ivan Krastev and Stephen Holmes write: On the surface, Trump’s repeated assertion that America’s allies are swindling the United States, which reflects a piddling fee-for-service conception of alliances in general and especially of the arguably obsolete NATO alliance, might seem like music to Putin’s ears. But if we more closely examine the political earthquake of Nov. 8, we will see why a shared illiberalism will do little or nothing to reduce tensions between Russia and the United States.

First of all, the populist insurgency that just overthrew the American political establishment represents the very sort of resentment-fueled instability that frightens Moscow most. An ardent opponent of regime change, Putin has been subsidizing populist insurgencies in various European countries not to replace the governing parties but simply to sap the EU’s unity and coherence. Similarly, any hypothetical clandestine Russian involvement in the American presidential campaign was presumably aimed at weakening Clinton before she acceded to the presidency as well as discrediting the American political model in general, not at electing Trump. Nothing would unnerve the Kremlin more than a new rash of Orange Revolutions. The fact that they will now be anti-liberal rather than liberal revolutions is no real consolation. Let’s assume that Trump is being sincere when promising Putin non-interference in the domestic politics of other countries. By inspiring emulators, his seditious example will nevertheless be inherently threatening to ruling elites around the world. And while Putin has every reason to rejoice at Trump’s snide dismissals of NATO, he will be less enthusiastic about Trump’s insistence that all of America’s allies must increase their defense budgets to the promised 2 percent. Spooked by a seasoned dealmaker’s calculated bluff that he will otherwise cut them loose, the truant members of NATO are very likely to do just that.

Second, the U.S. election delivered a fatal blow to the dominant narrative designed to legitimate the Putin regime in the face of Russia’s poor and worsening economic conditions. According to this narrative, all Russia’s problems result from a global liberal conspiracy, led by the United States, to humiliate Russia and prevent it from assuming its rightful place in the world. But in an election covered 24/7 by Russian state media, the candidate who was repeatedly branded as “Putin’s puppet” was elected president by the American people. The way this democratic outcome has sabotaged Putin’s legitimacy formula can be illustrated by the comments of some of Russia’s leading nationalists. In a series of tweets after the election, Alexander Dugin declared that “Anti-Americanism is over”.

And this is not because it was wrong but exactly the opposite. It is because the American people themselves have started the revolution against precisely that aspect of the USA that we all hated. Now the European ruling elite as well as the part of the Russian elite that is still liberal cannot be blamed as before for being be too pro-American. From now on, it should be blamed for being what it is: a corrupt, perverted greedy gang of bankers and destroyers of cultures, traditions, and identities.

But the end of anti-Americanism, prematurely fêted by Russian nationalists, promises to be the beginning of a destabilizing crisis inside Russia. A principal source of Putin’s legitimacy since he returned to the presidency in 2012 has been the obsessively repeated accusation that the United States is a hypocritical superpower, publicly espousing universal values but acting secretly in pursuit of narrow national advantage. Trump’s embrace of “America First,” whatever it means in practice, makes nonsense out of Putin’s endlessly recycled excoriations of America’s inveterate hypocrisy.

On a more practical level, Trump’s election obliges Putin to own the chaos he has sowed in both Syria and eastern Ukraine. Standing up to the United States was arguably a principal motivation for Putin’s interventions in both countries, justified to the Russian public largely as ways of sticking a finger into America’s eye, revealing its weakness and hypocrisy, and teaching it that Russia cannot be ignored. But the president-elect’s expressed willingness to offer Putin a wide berth in both arenas greatly diminishes the domestic political value of the two incursions as sources of national pride. Here again, Trump’s embrace of Putin may soon come to resemble a kiss of death.

Third, Putin’s reassertion of Russia’s heft on the international stage has depended on his leading the revolt against American-orchestrated globalization. This picture has no doubt been scrambled by Trump’s eccentric argument that globalization is a conspiracy not by, but against, the United States. But the more important development is that the uncontested leader of the deglobalizing world, the most visible counter-revolutionary in the worldwide fight against liberal internationalism, will soon be the president of the United States, a figure immensely more powerful and imitation-worthy than the president of Russia. The unbridled enthusiasm with which Europe’s anti-establishment populists have greeted Trump’s victory reflects the fact that he is perfectly credible as a populist insurgent in a way that Putin, who has dominated the election-proof Russian state for almost two decades, is not. The rise of anti-EU populism in Europe could even have the paradoxical consequence of drawing Trump into a new trans-Atlantic alliance of populist democracies based on a new set of illiberal “shared values.” [Continue reading…]

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Trump is a threat to the Paris agreement. Can states like California defend it?

Adam McGibbon writes: There’s no point hiding from it – Donald Trump’s election should give us all concern for our future and the future of our children.

The chances of successfully mitigating climate change and holding global temperature increases to below a manageable 1.5 degree rise has nosedived. Trump, a man who believes that climate change is a “hoax”, wants to pull the US out of the Paris climate agreement. Even if that ends up taking time, he can decimate US federal agencies engaged in efforts to move to a greener society. He will probably cancel Obama’s Clean Power Plan, and slash federal funding for renewable energy.

It’s not for nothing that Noam Chomsky has said that the Republican party is now “the most dangerous organization in world history.” Their commitment to collaborating in climate change denial – and therefore, the destruction of our futures – is absolute, and they will now control the White House, Congress and the supreme court. [Continue reading…]

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Zionist gala toasts Donald Trump’s ‘divine’ election victory

The Daily Beast reports: Outside the Grand Hyatt hotel in Manhattan, hundreds of protesters decried bigotry and hatred. Inside, the Zionist Organization of America heard that Donald J. Trump had been guided into the White House thanks to divine intervention.

A Long Island neurologist, who delivered the dvar torah at the ZOA’s gala, regaled the ballroom with tales of the ancient Israelites who witnessed miraculous interventions into the natural order. “Well, so did we,” bellowed Alan Mazurek. He declared that the election had been “divinely directed.”

The crowd roared.

“Once again, the United States will be blessed. Once again, the prime minister of Israel will enter through the front door of the White House,” he said.

The guests broke into applause as he called on the world to unite with Trump to stop “barbaric radical Islamic savages.” [Continue reading…]

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Trump’s support for Assad will make the global refugee crisis permanent

Murtaza Hussain reports: In early 2011, as protestors demanding political reform took to the streets of Syrian cities, Rami Makhlouf, a powerful businessman and confidant of Syrian President Bashar al-Assad, sat down for an interview with the late New York Times journalist Anthony Shadid.

The Assad dynasty had ruled Syria unopposed for decades. But the regime, along with a nexus of political and economic elites, was shaken. Uprisings had recently deposed longstanding dictatorships in Tunisia and Egypt. In a region suddenly electrified by the prospect of political change, many began to speculate that Syria’s ruling elite might be next.

In the interview, Makhlouf issued a grim warning to Syria’s opposition and its sympathizers.

“Nobody can guarantee what will happen after, God forbid, anything happens to this regime,” he told Shadid. “Don’t put a lot of pressure on the president, don’t push Syria to do anything it is not happy to do.”

“They should know when we suffer, we will not suffer alone.”

Five years later, against the predictions of many, the Assad regime has maintained its grip on power. And, as Makhlouf promised, many have suffered to make this possible. Hundreds of thousands of Syrians have been killed and maimed, while the fighting has reduced ancient cities like Homs and Aleppo to rubble.

Syria’s tragedy also has a global dimension, and that is the exodus of an estimated 5 million people from their homes in Syria over the last five years. The refugees have left on foot, packed into ships, and entrusted their lives to smugglers in an effort to escape their ravaged country. Hundreds of thousands of them have landed on the increasingly unwelcoming shores of Europe. Nearly 3 million now live in Turkey alone.

Unlike its citizens, however, Syria’s regime shows no sign of departing. In a recent interview, Assad vowed to rule Syria at least until 2021, while his government has pledged to take back “every inch” of Syrian territory from opposition control.

Outside powers may be tempted to accept this state of affairs, and to accept Assad as a partner in stabilizing Syria. President-elect Donald Trump has repeatedly suggested that his administration could work with Assad, even tacitly praising him in a debate for being “much tougher and much smarter” than U.S. leaders. [Continue reading…]

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Why Trump’s proposed targeting of Muslims would be unconstitutional

 

David Cole writes: As a candidate, Donald Trump notoriously called for a ban on the entrance of all Muslims, a database to track Muslims in the United States, for aggressive surveillance of “the mosques,” and for closing down mosques. When many pointed out that such religiously targeted enforcement actions would be unconstitutional, he began talking instead about “extreme vetting” – apparently not getting that what the Constitution forbids is selective targeting of a religious group, regardless of the type of burden imposed. Now that he’s President-elect, his transition team is reportedly discussing requiring immigrants from Muslim-majority countries to register with the immigration authorities. Reince Priebus said on “Meet the Press” Sunday that “we’re not going to have a registry based on a religion.” But this is semantics; the transition team is reportedly planning just that, only under the guise of focusing on countries that happen to be majority Muslim. Kansas Secretary of State Kris Kobach, a virulently anti-immigrant hard-liner who introduced a similar registration scheme when he worked for President George W. Bush, is now working with the Trump transition, and told Reuters that the team was discussing reviving the registration scheme, which President Obama had ended in 2011. Kobach maintained that because the program he was discussing would be focused not on religion, but on countries that have a terrorist presence, the scheme would survive constitutional challenges. But there’s a huge difference between what Bush did and what Trump is proposing. Bush’s scheme had a disparate effect on Muslims, but there was no evidence that Bush himself had adopted it to target Muslims. Trump, by contrast, has left a long trail of smoking guns making clear his anti-Muslim intent.

When executive action is challenged as targeting religion, the critical question is intent: If the government can be shown to have intentionally targeted a religious group, its actions violate the Free Exercise Clause. The law need not name the religion by name. It is enough to show that an anti-religious intent was at play. As with race or sex discrimination, if the government takes action that appears neutral on its face but was adopted for the purpose of singling out a racial minority, it is subject to stringent scrutiny and virtually always invalid. [Continue reading…]

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The Electoral College was meant to stop men like Trump from being president

Peter Beinart writes: Americans talk about democracy like it’s sacred. In public discourse, the more democratic American government is, the better. The people are supposed to rule.

But that’s not the premise that underlies America’s political system. Most of the men who founded the United States feared unfettered majority rule. James Madison wrote in Federalist 10 that systems of government based upon “pure democracy … have ever been found incompatible with personal security or the rights of property.” John Adams wrote in 1814 that, “Democracy never lasts long. It soon wastes, exhausts and murders itself.”

The framers constructed a system that had democratic features. The people had a voice. They could, for instance, directly elect members of the House of Representatives. But the founders also self-consciously limited the people’s voice.

The Bill of Rights is undemocratic. It limits the federal government’s power in profound ways, ways the people often dislike. Yet the people can do almost nothing about it. The Supreme Court is undemocratic, too. Yes, the people elect the president (kind of, more on that later), who appoints justices of the Supreme Court, subject to approval by the Senate, which these days is directly elected, too. But after that, the justices wield their extraordinary power for as long as they wish without any democratic accountability. The vast majority of Americans may desperately want their government to do something. The Supreme Court can say no. The people then lose, unless they pass a constitutional amendment, which is extraordinarily difficult, or those Supreme Court justices die.

That’s the way the framers wanted it. And, oddly, it’s the way most contemporary Americans want it too. Americans say they revere democracy. Yet they also revere those rights — freedom of speech, freedom of religion, the right to bear arms — that the government’s least democratic institutions protect. Americans rarely contemplate these contradictions. If they did, they might be more open to preventing Donald Trump from becoming the next president, the kind of democratic catastrophe that the Constitution, and the Electoral College in particular, were in part designed to prevent. [Continue reading…]

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