Im-Politic: Biden’s Massive China Fakery

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2020 election, Biden, CCP Virus, CDC, Centers for Disease Control and Prevention, China, China trade deal, coronavirus, COVID 19, currency, currency manipulation, Hunter Biden, Im-Politic, Joe Biden, Obama, Trade, travel ban, WHO, World Health Organization, World Trade Organization, WTO, Wuhan virus, xenophobia

Imagine the gall that would’ve been required had Republican nominee Mitt Romney campaigned for President in 2012 by blaming incumbent Barack Obama for the financial crisis and Great Recession of 2007-09. Not only did these economic disasters erupt well before Obama took office, but the White House at that time had been held for eight years by the GOP. (The Democrats did win control of the House and Senate in the 2006 midterm elections, but still….) 

Multiply that gall many times over and you get this year’s presumptive Democratic candidate for President, Joe Biden, charging that Donald Trump is largely responsible for the devastating hit the nation is taking from the CCP Virus because Mr. Trump has been too soft on China. The Biden claims are much more contemptible because whereas Romney played no role in bringing on the Wall Street meltdown and subsequent near-depression, Biden has long supported many of the China policies that have both greatly enriched and militarily strengthened the People’s Republic, and sent key links in America’s supply chains for producing vital healthcare-related goods offshore – including to a China that has threatened the United States with healthcare supplies blackmail.

The Biden campaign’s most comprehensive indictment of President Trump’s China and CCP Virus policies was made in this release, titled “Trump Rolled Over for China.” Its core claim:

“We’d say Trump is weak on China, but that’s an understatement. Trump rolled over in a way that has been catastrophic for our country. He did nothing for months because he put himself and his political fortunes first. He refused to push China on its coronavirus response and delayed taking action to mitigate the crisis in an effort not to upset Beijing and secure a limited trade deal that has largely gone unfulfilled.”

More specifically, the Biden organization claims that even long before the pandemic broke out, Mr. Trump has “never followed through” on his 2016 campaign’s “big promises about being tough on China” and simply conducted “reckless trade policies that pushed farmers and manufacturers to the brink” before he was “forced to make concessions to China without making any progress toward a level playing field for American industry.”

I’d say “the mind reels” but that phrase doesn’t begin to capture the mendacity at work here. Not to mention the sheer incompetence. After all, the trade deal was signed on January 15. It was only two weeks before that China told the World Health Organization (WHO) that an unknown illness had appeared in Wuhan. On January 3, China officially notified the U.S. government. It was only the day before the trade deal signing that WHO broadcast to the world China’s claim (later exposed as disastrously erroneous – at best) that no evidence of person-to-person transmission had been found. It wasn’t until the very day of the deal signing that the individual who became the first known American virus case left Wuhan and arrived in the United States. It wasn’t until January 21 that the U.S. Centers for Disease Control and Prevention (CDC) confirmed him as the first American victim.  (See this timeline for specifics.)

So evidently the Biden folks don’t know how to read a calendar.

Meanwhile, in early January, The New York Times has reported, CDC offered to send a team of its specialists to China to observe conditions and offer assistance. China never replied. On January 7, four days after Washington received its first CCP Virus notification, but two weeks before it identified the first U.S. virus case, the CDC began planning for tests. We now know that it bungled this challenge badly.

But did Trump coddle China in order to keep Beijing from terminating the agreement? Surely Biden’s team isn’t calling that failure an effort to appease China. It’s also true that on February 7, the Trump administration announced its readiness to provide Beijing with $100 million worth of anti-virus aid to China (and other countries), and had just sent nearly 18 tons of medical supplies (including protective gear) to help the People’s Republic combat the pandemic. But is the Biden campaign condemning these actions? From its indictment, it’s clear that its focus instead is on the numerous Trump statements praising China’s anti-virus performance and transparency, and reassuring the American public that the situation was under control.

Where, however, is the evidence that these remarks amounted to the President treating China with kid gloves, and stemmed from desperation to save the trade deal? Just as important, here we come to a fundamental incoherence in Biden’s treatment of the agreement – descriptions that are so flatly contradictory that they reek of flailing. After all, on the one hand, the Phase One agreement is dismissed as a fake that fails to safeguard American trade and broader economic interests adequately. On the other, it assumes that China has been eager from the start to call the whole thing off. Yet if Phase One had accomplished so little from the U.S. standpoint, wouldn’t Beijing actually have been focused on sustaining this charade?

But even if the Biden read on trade deal politics is correct, how to explain the January 31 Trump announcement of major restrictions on inbound travel from China that went into effect February 2? Clearly China didn’t like it. Or were these reactions part of a secret plot between the American and Chinese Presidents to snow their respective publics and indeed the entire world?

How, moreover, to explain such Trump administration policies as the continuing crackdown on Chinese telecommunications giant Huawei, and its effort to kick out of the U.S. market  Chinese services provider China Telecom? Or the ongoing intensification of the Justice Department’s campaign against Chinese espionage efforts centered on U.S. college and university campuses? Or yesterday’s administration announcement that although some payments of U.S. tariffs on imports would be deferred in order to help hard-pressed American retailers survive the CCP Virus-induced national economic shutdown, the steep tariffs on literally hundreds of billions of dollars’ worth of prospective imports from China would remain firmly in place?

In addition, all these measures of course put the lie to another central Biden claim – that Mr. Trump is not only soft on China today, but has been soft since his inauguration. A bigger goof – or whopper – can scarcely be imagined.

Unless it’s the companion Biden insistence that the Trump trade wars have devastated American agriculture and manufacturing? When, as documented painstakingly here, U.S. farm prices began diving into the dumps well before the Trump 2016 victory (when Biden himself was second-in-command in America)? When manufacturing, as documented equally painstakingly, went through the mildest recession conceivable, when its output was clearly hobbled by Boeing’s completely un-tradewar-related safety woes), and when every indication during the pre-virus weeks pointed to rebound? When the raging inflation widely predicted to stem from the tariffs has been absolutely nowhere in sight?

Which leaves the biggest lies of all: The claim that Biden is being tough on China now – the promise that he’ll “hold China accountable,” and the implication that he’s always been far-sighted and hard-headed in dealing with Beijing

According to the campaign’s Trump indictment, the former Vice President “publicly warned Trump in February not to take China’s word” on its anti-virus efforts. But this Biden warning didn’t come until February 26. As to making China pay, the campaign offers zero specifics – and given Biden’s staunch opposition to Mr. Trump’s tariffs (and silence on the other, major elements of the Trump approach to China) it’s legitimate to ask what on earth he’s talking about. In addition, Biden insinuated that the Trump curbs on travel from China were “xenophobia” the very day they were announced – before pushback prompted him to endorse them.

Finally, the Biden China record has been dreadful by any real-world standards. In the words of this analysis from the Cato Institute, “he voted consistently to maintain normal trade relations with China, including permanent NTR in 2000” – meaning that he favored the disastrous decision to admit China into the World Trade Organization (WTO), which gave Beijing invaluable protection against unilateral U.S. efforts to combat its pervasive trade predation. He did apparently vote once for sanctions to punish China for its currency manipulation (which has artificially under-priced goods made in China and thereby given them government-created advantages against any competition), but many such Senate trade votes were purely for show. (I apologize for not being able to find the specific reference, and will nail down the matter in an addendum and post as soon as possible.)  

Revealingly, once he was in the Obama administration, he failed to lift a finger to continue the battle against this Chinese exchange-rate protectionism, and served as the President’s “leading pitchman” for the Trans-Pacific Partnership, whose provisions would have handed China many of the benefits of membership without imposing any of the obligations. More generally, there’s no evidence of any Biden words or actions opposing an Obama strategy that greatly enriched the People’s Republic, and therefore supercharged its military potential and actual power. 

For good measure, despite constant bragging that his personal contact with numerous foreign leaders during his Senate and Vice Presidential years, he completely misjudged Xi Jinping, writing in a 2011 article that the Chinese dictator (then heir apparent to the top job in Beijing) “agrees” that “we have a stake in each other’s success” and that “On issues from global security to global economic growth, we share common challenges and responsibilities — and we have incentives to work together.”

There clearly are many valid reasons to support Biden’s Presidential bid.  But if China’s rise and its implications worry you (as they should), then the former Vice President’s record of dealing with Beijing just as clearly shouldn’t be one of them. 

Our So-Called Foreign Policy: Why Kissinger is Wrong About the CCP Virus and Geopolitics

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America First, Carl von Clausewitz, CCP Virus, coronavirus, COVID 19, export bans, globalism, globalization, health security, Henry Kissinger, international organizations, liberal global order, Our So-Called Foreign Policy, realism, The Wall Street Journal, travel ban, Wuhan virus

As I’ve written previously on RealityChek, I’m a big Henry Kissinger fan. Not that I haven’t strongly, and even vehemently disagreed with the former Secretary of State and White House national security adviser on numerous issues. But I’ve considered his experience making foreign policy and studying its history to be orders of magnitude more impressive than anyone else on the national and worldwide diplomatic scenes for decades, and so believe that everything he writes deserves to be taken seriously.

And that’s why I found his recent Wall Street Journal article on the implications of the CCP Virus outbreak for U.S. foreign policy and global geopolitics so disappointing. For it differs little from the standard globalist drivel that’s been regurgitated lately about how the pandemic once again shows the need for more international cooperation and stronger international institutions because it’s one of those threats that “doesn’t respect borders.”

To be sure, Kissinger has always been quite the globalist himself in many ways, differing mainly with this foreign policy approach by insisting that American leaders can never forget the realities or power and other globally divisive forces responsible for how conflict has dominated world history. But the Journal essay is completely devoid of Kissinger’s characteristic efforts to integrate the kind of foreign policy “realism” with which, on the one hand, he’s been (simplistically) associated, and what genuine realists (and America Firsters like me) regard as the kumbaya-saturated means and ends of globalism on the other.

The author’s goal of transitioning to a global “post-coronavirus order” is quintessential Kissinger – who has long believed much more than other globalists that creating and preserving a substantial degree of international stability is essential to what all supporters of this school of thought have recognized as the imperative of preventing war between the great powers – especially in a nuclear age. (For a fuller explanation of the differences among these various foreign policy approaches, see this 2018 article of mine.)

But Kissinger’s essay is devoid of his characteristic attempts to integrate even his highly qualified brand of realism (let alone a more – in my opinion – hardheaded America First strategy) with the globalist insistence that major conflict is best prevented by addressing its supposedly underlying economic and social causes.

As a result, Kissinger emphasizes that “No country, not even the U.S., can in a purely national effort overcome the virus.” And that the current crisis “must ultimately be coupled with a global collaborative vision and program.” And that the “principles of the liberal world order” must be “safeguarded.” And that, in particular, nations must resist the temptation to revive the ambition of retreating behind walls because nowadays, prosperity depends on global trade and movement of people.

The problem, as I’ve pointed out in the article linked above, is that even a strategy focused on such global cooperation and other goals needs to understand that, because there remain great differences among countries on how best to achieve them, and in some important instances on the goals themselves, only power (in both military and economic forms) ultimately can guarantee any country that its preferred approaches and ambitions will prevail. And that even goes for working within international institutions. To paraphrase the great 19^th century Prussian strategist Carl von Clausewitz, working with international organizations is nothing but the continuation of power politics with other means.

Nor is there any acknowledgement in Kissinger’s piece of the United States’ unique capacity for self-sufficiency in both producing heathcare-related goods and developing vaccines and cures for diseases, or for the unmistakable need greatly to strengthen this capacity given the literally dozens of export bans imposed on drugs and drug ingredients and medical devices and protective equipment by countries that do normally sell them overseas. And as for Kissinger’s reference to the importance of global travel, yes…but look at all the countries that have imposed restrictions on travel from China alone.

Kissinger ends his article by citing U.S. policy after World War II as an example of the kind of enlightened course Washington should pursue because of its clear success in “growing prosperity and [enhancing] human dignity.” But as that postwar era dawned, the United States was so globally predominant in terms of material power that it could afford to finance for decades most of the effort needed to achieve these goals without undercutting its own position. And of course more than half that postwar world wound up organizing itself in opposition. In other words, it seems that Kissinger has forgotten one of the main lessons learned by all truly great historians – that the past rarely repeats itself exactly, or even very close.

Im-Politic: More Fake News on Trump and Muslims

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Barack Obama, CAIR, Council on American-Islamic Relations, George W. Bush, Hamas, Holy Land Foundation, Im-Politic, Immigration, Mainstream Media, Muslims, Politico, Sally H. Jacobs, terrorism, travel ban, Trump

American’s mistrust of the Mainstream Media is so great that even the Mainstream Media is getting worried. If these reporters and editors keep turning out slanted stories like Politico‘s article yesterday reporting a growing national shortage of Muslim clerics, their trust deficit can only deepen.

The main message that author Sally H. Jacobs and the Politico staff wanted to send is stated clearly in the headline and subhead: “America is Running Out of Muslim Clerics. That’s Dangerous: How Trump’s travel ban worsened a shortage of qualified preachers – and why that’s dangerous.”

And the piece does contain several anecdotes about imams from Muslim countries invited to serve mosques in the United States being turned away during the last year by U.S. immigration authorities. Moreover, it leads off with a story about one of those congregations being unable to generate enough volunteer imams from its own ranks, ostensibly because of studies showing that violence against American Muslims has been rising since the 2016 election that put Mr. Trump in the White House.

But there are two enormous, related problems with these points – one which Jacobs and her editors don’t appear to be aware of but should have investigated further, and one they clearly are aware of (which of course is a clear indication of bias).

The problem that’s known to the Politico team is that the only big decrease in the numbers of imams permitted to enter the United States that emerges from the best data available took place under former President Obama. How do I know that this is known to Jacobs and the Politico staff? Because it’s mentioned in the article:

“In an effort to stem fraudulent applications for such visas, the number of R1s [a U.S. visa issued for temporary religious workers] issued during the Obama era declined significantly from 10,061 in 2008 to 2,771 in 2009. In the following years, though, the number rose steadily and in 2016 the government issued a total of 4,764 R1s.

“It is unclear whether or by how much those numbers have dropped during the Trump administration, as statistics for fiscal year 2017 will not be available until next year, says a U.S. State Department spokesman.”

And something else crucial should be apparent from these sentences: The reason that the Obama administration cracked down – even as the Muslim population of the United States kept rising, thereby boosting the demand for clerics – is because it perceived a phony imam problem that needed to be nipped in the bud. This problem, moreover, surely grew under the presidency of George W. Bush – who so many Never Trump-ers across the political spectrum are now portraying as a paragon of tolerance.

If only these vital points hadn’t been buried in Jacobs’ piece!

The problem that Jacobs and the Politico staff may not be aware of (but arguably should have been) is that the main hate crimes figures cited in the piece come from a source that, to put it mildly, has reputational and objectivity problems: The Council on American-Islamic Relations (CAIR).

Just one such problem: In 2009, a federal judge ruled that the U.S. government (under George W. Bush) “has produced ample evidence” to establish CAIR’s association with groups like the Holy Land Foundation (an Muslim charity convicted in the United States of funding Islamic militants) and Hamas (listed by the U.S. government as a terrorist organization since 1997).

There’s no denying that an actual or impending shortage of American Muslim clerics is an important and interesting development in its own right. And it raises the at least as important and interesting question of why Jacobs and Politico were so determined to turn a real news story into a fake news attack on President Trump?

Our So-Called Foreign Policy: The Afghanistan Opportunity Trump Has Missed

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Afghanistan, Al Qaeda, Barack Obama, Barry Posen, border security, George W. Bush, Iran, Iraq, ISIS, Middle East, nation-building, Our So-Called Foreign Policy, refugees, Russia, September 11, Syria, Taliban, terrorism, The Atlantic, travel ban, Trump

Although I usually oppose U.S. overseas military interventions, I can understand President Trump’s decision this week to keep significant numbers of American troops in Afghanistan and even expand the presence (to some unannounced extent). What I do find disappointing is Mr. Trump’s apparent neglect of more promising alternatives that couldn’t possibly be called “defeat” or “retreat,” and his failure to describe realistically what may be the biggest fundamental choice the nation still faces in Afghanistan.

I shouldn’t have to remind anyone that Afghanistan under Taliban rule provided the base for the Al Qaeda terrorists responsible for the September 11 attack and so many other atrocities (on top of those that they have inspired by supportive groups and individuals). So clearly conditions inside that country (a problematic term, to be sure, as will be explained below) matter for U.S. national security. And it’s hard to imagine that even most Americans who are terribly – and understandably – frustrated with the sixteen-year U.S.-dominated military operation that has followed would disagree. The main question has always been how best to defend American interests.

After the Taliban were overthrown by a (highly successful) U.S.-led military campaign in the fall of 2001, Presidents Bush and Obama tragically opted for a standard American counter-insurgency effort to keep the Taliban out of power that combined continued military pressure on their remaining forces and strongholds with programs to promote Afghan economic, social, and political reform.

As critics (including me) predicted, this strategy of “nation-building” failed mainly because Afghanistan lacked the crucial prerequisites for nation-hood to begin with. So several years ago, as the Taliban began mounting a comeback largely as a result, I began supporting a fundamentally different approach: abandoning reform efforts and focusing on securing the United States’ essential aim in Afghanistan – preventing the Taliban or similar groups from consolidating control in enough territory to reestablish a safe haven capable of generating more terrorism.

This strategy would still involve U.S. military forces. But their top priority by far would not be supporting whatever Afghan government military exists, or training such forces (unless some especially promising units can be identified). Instead, the main American mission would be harassing the Taliban and its allies sufficiently to prevent that territorial consolidation, and the main instruments would be special forces and air strikes. And I argued that such operations could prevent ISIS in Iraq and Syria from posing a similar threat. Finally, I recommended that this approach be supplemented – and eventually superseded – by strengthening the security of America’s borders, to reduce greatly the likelihood that terrorists that still might originate from Afghanistan or anywhere else could actually reach the U.S. homeland.

The main advantages of this approach were, initially, concentrating American efforts on overseas goals that seemed both vital and attainable, as opposed to desirable for non-essential; and recognizing that the U.S. government ultimately is much likelier to succeed in controlling access to the United States than in comprehensively manipulating events in far-off lands.

In his speech this week, President Trump did a good job in describing the urgency of continuing to deny terrorists a safe haven in Afghanistan. But although he (once again) disparaged nation-building, he also paid it enough lip service to make clear that the basic goal remains in place. For example, he argued that “Military power alone will not bring peace to Afghanistan or stop the terrorist threat arising in that country” and asked India (and possibly America’s European allies) to “help us more with Afghanistan, especially in the area of economic assistance and development.” Surprisingly, moreover, he never connected his Afghanistan strategy with his so-far successful efforts to control American borders more effectively. Indeed, Mr. Trump didn’t even mention his proposed suspension of travel from terrorist-wracked countries (a list that, oddly, never included Afghanistan itself).

And the picture drawn by the President of his ultimate objective(s) was confusing, at best. Notably, on the one hand, he insisted that “From now on, victory will have a clear definition:  attacking our enemies, obliterating ISIS, crushing al Qaeda, preventing the Taliban from taking over Afghanistan, and stopping mass terror attacks against America before they emerge.” On the other, he stated that the “strategically applied force” his administration will apply in Afghanistan “aims to create the conditions for a political process to achieve a lasting peace.” Still more puzzlingly, he allowed that a political settlement could include “elements of the Taliban.” To be sure, in a technical sense, these objectives aren’t mutually exclusive. But they sure don’t coexist easily, at least not at this point.

One especially worrisome consequence of this Presidential rhetoric is its suggestion, however cautious, that there’s an ultimate, satisfactory solution in Afghanistan that results from continuing U.S. involvement, at least in the foreseeable future. Much skepticism is warranted, mainly because the chances of Afghanistan becoming something politically cohesive enough to “take ownership of their future, to govern their society,” in Mr. Trump’s words, flies in the face of so much of this area’s history.

But that doesn’t mean that the United States should simply pull up stakes, either now, or somewhere down the road – because of that safe haven threat. My own preferred strategy would have resulted in America’s leaders acknowledging that Afghanistan is not a problem to be solved but, as if often true in world affairs, a condition that requires continual management – and then explaining that some forms of management are vastly more realistic, and cheaper, than others.

Nonetheless, an even more appealing alternative has emerged over the last week. In an August 18 article in The Atlantic, MIT political scientist Barry Posen made the case for a U.S. withdrawal from Afghanistan based on the intriguing observation that the countries neighbors, Russia and Iran, both have compelling interests in ensuring that the Taliban and similar groups don’t return to power. In the words of the piece’s title, the aim would be “to make Afghanistan someone else’s problem.”

Of course, I couldn’t help but notice that this proposal strongly resembles my recommendation for handling the challenge of increasingly powerful North Korean nuclear weapons. I’m also impressed, though, by Posen’s observation that both Russia (which is vulnerable to Islamic extremism infecting its own sizable Muslim population) and Iran (a Shia Muslim-dominated country theologically opposed to Sunni groups like the Taliban and Al Qaeda) have compelling reasons to frustrate America’s enemies in Afghanistan.

Posen also intriguingly responds to fears that a combined Russian-Iranian success would strengthen those anti-American countries’ efforts to dominate the entire Middle East. As he points out, Pakistan and China both would find this prospect alarming, too, and would seek to check Russian and Iranian influence.

Is Posen’s scheme fool-proof? Of course not. But it looks at least as promising as Mr. Trump’s plan, and it’s discouraging that this supremely, if Machiavellian, America-First strategy apparently wasn’t even considered by the Trump administration in its efforts to fix a badly broken U.S. Afghanistan policy.

Im-Politic: Trump’s Victory Lap after Supreme Court Travel Ban Ruling Looks Premature

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border security, Constitution, Im-Politic, Muslims, refugees, Supreme Court, travel ban, Trump

President Trump has called the Supreme Court’s ruling Monday on the second version of his travel ban a major triumph for his anti-terrorism and homeland security policies. Having read the decision, I’m a lot less sure. Moreover, it looks like the administration’s policymakers might have undercut some important principles that their lawyers had originally asserted.

First of all, it needs to be remembered that the Court specified that its reasoning in this decision was not based on the same criteria that would be used for a final ruling. Why not? Because, as it explained, it was being asked by the Trump administration to stay an injunction from lower courts preventing enforcement of the key ban provisions. In plain English, the Supremes were responding to an administration request to suspend temporarily lower court orders (injunctions) that blocked the federal government from putting into effect the revised Executive Order on the subject, and a majority of the justices agreed to do so – in part.

According to the majority, this ruling was tailored precisely to standards it considered appropriate for stay orders. It further explained that these standards were close to the already relatively low bar it found needed to be met for granting plaintiffs’ requests for injunctions. When the Court decides the final case, these Justices explained, it will rely on somewhat different legal standards and considerations.

That sounds reasonable enough. But I fear that an especially dangerous conclusion the Court arrived at could well find its way into that final ruling, and it has to do with the President’s ability to keep out of the country travelers or refugees (whose applications were also suspended by the Executive Order, and whose entry quotas were reduced) who are judged to have some significant connection with persons or institutions in the United States.

Simply put – and again, by the standards it set forth for stay decisions – the Justices held that the government has great authority (it didn’t specify how much) to control entry into the United States when the traveler or the applicant “lacks any bona fide relationship with a person or entity in the United States.” But when the traveler or applicant has such a “bona fide some connection to this country,” the government’s control over the border is significantly qualified.

The Court didn’t define “bona fide” either, but the examples it used from the lower court decisions (on whose behalf the travel ban legal challenges were pursued) include the mother-in-law of a citizen, the wife of a legal permanent resident, and students from the six countries covered by the proposed ban who were admitted to the University of Hawaii. The Court’s rationale? Barring the admission of such would-be travelers or refugees even temporarily (remember – the Trump proposals call for 90-day suspensions for travel from the six, and a 120-day suspension of refugee admissions) would “harm” the interests of the plaintiffs (the son-in-law, the husband, the students, the university) to such a degree that this harm outweighs both the government’s right to control the country’ borders and “the overall public interest” (the decision-making framework it specified for stay orders in this field).

Again, the Justices said they would use different standards, and weigh the competing considerations, in a different way in their final ruling. But the above certainly suggests that at least some of those in the majority aren’t terribly receptive to the idea, originally advanced by the administration, that the president – as the relevant statute says – without exception can “suspend the entry of all aliens or any class of aliens” to the United States “whenever [he or she] finds that the entry of any aliens or of any class of aliens…would be detrimental to the interests of the United States.”

Now it may seem entirely understandable to ask how admitting into the country someone’s wife or mother-in-law could endanger national security. Let’s leave aside the question of when in U.S. history judges won the right to question what are inevitably judgment calls in the conduct of foreign and defense policy (which the Court’s ruling didn’t broach directly). Let’s also remember that the final decision will reflect a different set of legal and other factors.

What’s still odd, however, about this argument is that one of the seminal justifications for a U.S.-style legal system is that prioritizing process in considered the best way to ensure the greatest number of just outcomes. In this stay ruling, the majority seems to be saying that the Executive Order’s legitimacy could be in jeopardy because it has simply he has “burdened” certain individuals. Further, we’re not talking about lawsuits that affect mere handfuls of people on either side. Although it’s “only” a stay decision, an anti-travel ban ruling could endanger the entire country (precisely because national security is involved). Don’t such stakes deserve special attention?

And here’s the kicker: In arguing for their focus on specific individuals and their misfortunes, the majority was able to cite the Trump administration’s own decision to mollify critics of the original travel ban by including in the second version “a case-by-case waiver system pri­marily for the benefit of individuals” who do claim “bona fide connections to Americans or American entities.” So that train could well have left the station legally.

How much better for the administration to have held firm at least for the brief durations of their travel ban and refugee suspension, and then having its unfettered authority to regulate these flows affirmed, voluntarily included a review or appeals process in its longer-term programs.

Presumably because issuing a stay order depends on such a specific set of criteria, and because judges generally prefer to decide cases on the narrowest possible grounds, this latest travel ban judicial decision failed to deal in explicitly and in detail not only with several major issues raised by the Executive Order and the challenges it has generated.

As indicated above, the ruling did not address the extent to which (if any) courts can challenge presidential foreign policy judgments where expressly Constitutional questions over defined governmental responsibilities (such as war-making power) do not arise. It also only glancingly referred to claims that the second Executive Order unconstitutionally discriminates against Muslims as such (violating their religious freedoms), and the related issue of whether a politicians’ campaign statements, including those made as a private citizens, represent valid evidence of a policy’s intent.

But when it comes to immigration- and refugee-related issues, some Justices in at least one recent case has acted in a disturbingly political and frankly ditzy way – equating lying on an immigration form about a spouse’s involvement in war crimes with lying on that form about a speeding ticket. (This case is still up in the air.) Sadly, given the rancor and division that’s infected so much of America’s public life, there’s no guarantee that the Court will keep its head any better. on the Trump Executive Orders.

Following Up: Britain’s May is Moving – Though Too Slowly – to Define the Real Terrorism Problem

Tags

Barack Obama, Following Up, Islam, Islamism, London Bridge attacks, Manchester bombing, multiculturalism, Muslims, Susan Rice, terrorism, terrorists, Theresa May, This Week with George Stephanopoulos, travel ban, Trump, United Kingdom

British Prime Minister Theresa May’s remarks following Saturday night’s London Bridge attacks include one of the most forthright, perceptive, and necessary statements from an international leader (excepting President Trump) about the difficulties free societies face in combating terrorist acts committed by Muslims.

Specifically, these comments appear to recognize that these abominations are not simply the product of individuals having nothing whatever to do with their co-religionists, or with the supposedly peaceful, law-abiding, thoroughly assimilated – in other words, utterly unexceptional – communities they comprise. That is, May has closely approached stating that something is decidedly, and often dangerously, abnormal in too many of the Islamic neighborhoods and congregations found in the non-Islamic world, and particularly in the United Kingdom and in the rest of Europe.

As the Prime Minister declared, “While we have made significant progress in recent years, there is – to be frank – far too much tolerance of [Islamist extremism] in our country. So we need to become far more robust in identifying it and stamping it out – across the public sector and across society. That will require some difficult and often embarrassing conversations, but the whole of our country needs to come together to take on this extremism – and we need to live our lives not in a series of separated, segregated communities but as one truly United Kingdom.”

That last clause is extraordinarily important. As I wrote in the wake of last month’s suicide bombing in Manchester, the United Kingdom has officially glorified multiculturalism to such a degree that it has encouraged in many ways the emergence of Muslim population clusters with considerable degrees of autonomy from even the legal system – let alone the values – that holds in the rest of the country.  

May unmistakably has now attacked those policies, and by extension the assumption behind them:  that many of the core teachings of Islam are no better and no worse than those developed in the British Isles throughout their long history. They are simply different. As a result, if certain Muslims living in Britain wish, say, to govern family life with the precepts of their faith rather than British law, they should enjoy ample freedom to do so. Indeed, denying them these rights in the absence of clear and present dangers to – to what, it’s not entirely clear; certainly not the freedoms enjoyed in Britain by other individuals, like women – would be the antithesis of liberty and tolerance.

Yesterday, May strongly suggested that in practice, this segregation has created major dangers at least to national security and public order. And she deserves immense credit for recognizing that, however “difficult and embarrassing” pluralistic democracies like her country may find creating a more united United Kingdom, a concerted effort must not only be made – it must succeed.

Nevertheless, I worry that May herself is still a bit too embarrassed to identify the main problem. For along with describing the enemy belief system as “Islamist,” she also insisted that “It is an ideology that is a perversion of Islam.” Which, if you view as legitimate her alarm at segregated Muslim communities, is a little too neat.

After all, if extremist Islamism indeed “perverts” Islam, presumably this offense would be readily apparent to the vast majority of Muslims themselves. And not only would these segregated communities refuse to tolerate it, and be joining with the national authorities in “identifying it and stamping it out” (May’s own words, as per above). An outraged Muslim majority would be taking the lead in these matters.

But nothing could be more obvious than the general failure of Muslims anywhere to fit this description. Instead, as the Prime Minister herself complains, there has been “too much tolerance,” and the most dangerous manifestations are in those communities whose segregated nature produces Islam in a form relatively un-polluted by British and other non-Islamic values (whatever you suppose them to be).

So May has a ways to go before the clarification of thought that necessarily precedes any course of action with a reasonable hope for success. But she’s clearly much further along than much of the American leadership class. Take Susan E. Rice, national security adviser to former President Obama. On ABC’s This Week with George Stephanopoulos, she was asked about President Trump’s proposal to suspend travel to the United States from a handful of majority Muslim countries that the Obama administration itself viewed as either overrun with terrorists or ruled by terrorist-sponsoring regimes. She explained her continued opposition (which is also shared by her former boss) in part this way:

“[I] think there’s a very real risk that by stigmatizing and isolating Muslims from particular countries and Muslims in general that we alienate the very communities here in the United States whose cooperation we most need to detect and prevent these homegrown extremists from being able to carry out the attacks.”

Leave aside your views on the travel ban proposal for or against. First of all, I’ve never been comfortable with the suggestion just made above (and by so many others) that there’s something fundamentally acceptable about residents of the United States (and especially citizens) conditioning their cooperation with law enforcement authorities that are combating violence on whether or not they feel stigmatized in some way by Washington, or any level of government. Are you? And remember – nearly all Muslims resident in the United States live here legally, so it’s not as if they need fear deportation like so many illegal Hispanic residents, or Hispanics here legally here with illegal friends or relatives.

But more important is Rice’s obliviousness to a glaringly obvious implication of her statement: Why, in the first place, are Muslim communities “the very communities here in the United States whose cooperation we most need to detect and prevent…homegrown extremists from being able to carry out the attacks”? It’s because so many of the actual attackers and attacker wanna-bes are coming from those communities. Obviously something about them has gone seriously wrong.

I’m not saying I know exactly what needs to be done domestically on top of existing efforts, and how new programs can be squared with essential Constitutional protections. It’s also clear that the United States doesn’t have the kind of related assimilation-segregated communities problems plaguing the United Kingdom and so much of Europe. But I do know that the more solidly the more extreme versions of multiculturalism take root in America, the larger these problems will grow. And the sooner the British more explicitly acknowledge major problems among their compatriots who practice mainstream Islam, the faster they’ll restore acceptable levels of safety to their concert halls, historic bridges, and the rest of their country.

Im-Politic: The Travel Industry’s Phony Trump Travel Ban Scare Stories

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Im-Politic, Muslims, September 11, terrorism, tourism, travel, travel ban, travel exports, Trump

The American travel industry clearly employs some great flacks (i.e., public relations specialists). We know this because they’ve sold two major global news organizations on the inane proposition that the Trump administration’s hostility to Muslims and foreigners in general is about to cripple their industry, and that – at least by implication – the U.S. economy will suffer grievously.

The first and perhaps most important failing in this Washington Post article and this Financial Times (FT) piece carrying this message was the glossing over of national security considerations. Both reports noted that the supposedly xenophobic impression was created by the president’s proposed temporary travel ban from six countries identified even by the Obama administration as major potential sources of terrorist threats, and by strengthened vetting procedures at the border. But neither mentioned the counter-argument (either from an administration official or from a non-government specialist supportive of Mr. Trump’s initiatives) that stronger protections for Americans quite naturally carry a price tag, or that any kinds of trade-offs between economic and national security goals are legitimate.

The closest that either piece came to communicating this kind of nuance was a statement in the FT article from Marriot’s CEO acknowledging the role that needs to be played by “some of these other issue [such as security risk]” in formulating policy. In fact, you need to read between the lines (specifically in the Post article) to get any sense that the nation has faced this kind of situation in the recent past – after the September 11 attacks – and that the losses incurred by the travel industry by no means came anywhere near derailing the economy.

One big reason is that the economic role of foreign travel and tourism in the United States simply isn’t very big. The industry itself says that it represented 8.10 percent of total American economic activity last year (a key context-setting fact that the Post completely ignored), when both its direct and indirect effects are included. Fair enough. The figure came out to about $1.5 trillion last year, but that total includes both foreign and domestic travel.

One way to back out the foreign portion of domestic travel and tourism is to use the trade statistics. They don’t provide perfectly apples to apples data, but they’re not way off, either, and show, according to the travel industry, that foreign tourists spent about $194 billion in the United States in 2014. These “travel exports” would have directly accounted for about 8.28 percent of the nation’s total goods and services exports that year, according to official U.S. trade data – and about 1.10 percent of the total economy. There are no statistics on the indirect effects and they of course deserve to be counted. But it’s inconceivable that they would justify even minor concern.

Further, the travel industry isn’t forecasting that all foreign travel to the United States will simply dry up, or even close. In fact, according to the industry, despite the Trump policies and intentions, travel and tourism in the United States (again, including purely domestic travel) will keep growing this year. It just won’t grow quite as fast (by 2.3 percent instead of 2.8 percent). In other words, the Trump effect would barely move the needle.

The implications couldn’t be more obvious. The Trump travel ban and related measures may be bad policy for any number of reasons, but damage to the economy – or even to the tourism industry – clearly isn’t one of them. It’s understandable that the industry itself is unhappy about the prospect of any losses – even moderately slower growth. But why is the media portraying this result as a catastrophe?

Im-Politic: Beyond Parody with Uber-Pundit Thomas Friedman

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China, corruption, foreign students, higher education, Im-Politic, Immigration, Muslims, Reuters, tech workers, The New York Times, Thomas Friedman, travel ban, Trump

Last March, I took one look at a column by Thomas Friedman on then-presidential candidate Donald Trump’s trade policies and concluded that the multiple New York Times Pulitzer winner must have been hacked. Any other interpretation would have meant that Friedman was either stunningly ignorant about these subjects or (at best) willfully ignorant.

A year later, it’s painfully obvious that either some impostor is still publishing pieces with The Times, or that Friedman is still reality-challenged. His March 29 offering contains the same kinds of trade fakeonomics and crackpot geopolitics as that piece I spotlighted last March. But even worse this time around are some out-and-out howlers about major implications of the Trump administration’s travel ban proposals.

According to Friedman, President Trump wants to “make it harder for people to immigrate to America, particularly Muslims. This…signals the smartest math and science students in the world to start their start-ups overseas and not in America. “

As evidence, Friedman writes that “NBC News reported last week that applications from foreign students, notably from China, India and the Middle East, ‘are down this year at nearly 40 percent of schools that answered a recent survey by the American Association of Collegiate Registrars and Admissions Officers.’”

In other words, could any Trump policy be more catastrophically dumb, especially over the long-term? The trouble is, when you look at these matters in any depth whatever, you realize how deeply silly these claims and fears are. In the first place, the idea that foreign students on U.S. college campuses are all or mainly or even disproportionately academic superstars is completely fallacious. And nowhere is it more fallacious than in the case of Chinese students.

For anyone knowing anything about contemporary China knows that it’s become one of the world’s leading plutocracies. The wealthy generally either make (or keep or lose) their fortunes depending on their connections with or via help from the Chinese government, or are comprised of political leaders themselves who have exploited their power and contacts to become millionaires many times over. Given the astronomical costs of American higher education (especially by the standards of even the typical Chinese urban – meaning relatively well-off – family), it could not be clearer that the main distinguishing characteristic of Chinese students on U.S. campuses is family money, not brains.

The money angle is further strengthened by admissions practices of so many American colleges and universities. After all, even well-endowed schools prize foreign students to a great extent because they’re wealthy enough to pay “full freight.” That is, they don’t need financial aid. Indeed, they’re profit centers. In fact, as I reported last October, a Reuters investigation found out that many Chinese students have gained access to American colleges and universities through payments to these institutions that can only be called corruption. In other words, their parents have bought their way in. Would most of this bribery be necessary if the kids were such geniuses?

Moreover, if you think that the money issue is confined to China, think again. For an expensive American college education is also far beyond the reach of most families in most of the rest of the world, too – especially the developing world.

As for the world’s math and science whizzes, especially from the Muslim world, avoiding the United States and choosing other regions and countries to open up businesses, ask yourself the simple question, “Like where?” Economically speaking, America’s growth prospects continue looking brighter – as they have for most of the current global recovery – than those of other major economies. The United States also offers among the world’s best levels of intellectual property protection.

And as for tech whizzes from the Muslim world, does Friedman really think they’re going to be increasingly welcome in, say, Europe, given its understandable anxieties about Islamic extremism and global terrorism? Japan and South Korea, it’s widely known, aren’t welcoming to any immigrants. And the idea that China, which has long battled Muslim separatists in its western regions, is going to open its doors wider just doesn’t pass the laugh test.

Canada and Australia are unmistakably examples of national economies that are both successful and immigration- (and refugee-) friendly. But I’ll take my chances on America retaining its competitive edge over them for many decades to come.

These kinds of gargantuan goofs and omissions would be bad enough coming from a run-of-the-mill journalist or even pundits. Coming from Friedman, they are nothing less than appalling. For his almost uniquely lofty status stems for the most part from his (supposedly) unique knowledge of how the world works in the most fundamental senses. Indeed, he’s especially well known for writing books purporting to know what the world’s becoming in the same fundamental senses. Columns like his latest indicate that Friedman at best should spend more time learning about the present than predicting the future.

Im-Politic: An Immigration (and Assimilation) Tale

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assimilation, diversity, Im-Politic, Immigration, Open Borders, same-sex marriage, Somalia, tolerance, travel ban, Trump

I’ve long been wary of even using anecdotes in my writing – much less suggesting that they tell us anything useful about trends and developments worth writing about. But my conversation last night with a Somali-born cab driver in Washington, D.C. so strikingly reflected so many of my concerns about immigration and assimilation in America that I can’t help but describe it.

As regulars on this blog know, I’ve long been concerned with the nation’s recent failure to assimilate adequately huge cohorts of immigrants it’s welcomed from countries with dramatically different political, social, and cultural values and practices. As often noted by restrictionists on the political right in particular, many of these newcomers are arriving from societies that either don’t acknowledge or that actively reject the goals of diversity, tolerance, and gender equality that inevitably form much of the framework of the democracy we all cherish.

Today, I won’t be arguing about how these values should or shouldn’t be balanced against other important bases of a free society, but simply relaying the details of last night’s discussion of these matters with my cabbie. Because unless his views are unique in the recent immigrant community, they strongly back the claim that current immigration policies have greatly increased the number of inhabitants of this country who either know nothing of its major organizing principles, or don’t believe them. This fellow’s opinions also indicate that proposals to admit even more immigrants from regions like Latin America and the Middle East, or to legalize those here illegally and thus inevitably attract even bigger numbers, will further magnify the problem.

My ride started uneventfully enough as we pulled out of Union Station in D.C. and I looked forward to getting home after a long day doing business in New York. But soon after I recommended the best route to my neighborhood and he ended a brief phone call, he announced suddenly, “Well, because of this fellow Trump, I’ve decided I’m going home” – which turns out to be Somalia. “Trump just said he doesn’t like Somalia.” I’m sure he was referring to the president’s inclusion of Somalia in his travel ban proposals, but I didn’t want to get into a debate about that (i.e., Somalia’s longstanding lack of a government strong enough to enable satisfactory vetting). And I didn’t want to come right out and ask him if his presence here is legal (in which case, he would have no legitimate fears of any Trump-ian immigration policies). So I just replied that “If your status is OK, then there shouldn’t be a problem.”

We made some non-political small talk for the next few minutes and then out of the blue, he asked me, “What about this man together with man?” After a few moments, I realized that he was talking about same sex marriage. I told him that Americans apparently have decided that such marriages are acceptable – and that this conclusion held for women as well. He expressed surprise that “This just faded from the news” and I responded that it seems to have become very quickly and very widely accepted – save for some regions (like the South) and for many traditionally minded Americans elsewhere. The cab driver repeated his surprise that “All of a sudden, nobody talks about this any more” and I added that the change had indeed been both rapid and dramatic in recent years. Even former President Obama, I observed, had opposed same sex marriage ten years ago.

I added that what’s been more controversial has been the issue of whether Americans’ biological gender or gender identity should determine which restrooms they can access. His reaction was complete disbelief, and I confirmed that the situation is novel and puzzling even to many who broadly accept equal gay and lesbian rights. But I ventured that this debate, too, will likely be decided in favor of chosen gender identity, largely because so many large businesses believe that public opinion has sided with change.

We spent much of the rest of the conversation discussing where he should go if he decides to leave the country. His preference seems to be returning to Somalia, but I suggested that places like Canada and Australia are safer, more promising economically, and overall more welcoming to immigrants than the United States seems at present (after repeating that no one with “the right status” needs to leave the country).

Again, this is only an anecdote. Last night’s cab driver is only a single individual. I didn’t explore other such issues with him (or he with me). As suggested above, obviously many native-born Americans hold socially conservative positions that are as strong or even stronger. More important, I’m sure there are immigrants from these regions that either came here believing in these American-style values.

But the cab driver clearly had been here for quite a few years. It’s reasonable to suppose that his views on, for example, women’s role in society and in families is just as increasingly out of the mainstream as on same sex issues – and perhaps even more dangerously backward. It’s also certain that no systematic effort has been made to introduce him to more inclusive and egalitarian thinking. And it’s just as certain that the numbers of those utterly unfamiliar with or repelled by a critical mass of the civic religion that’s evolved in America – and that continues to evolve – will keep mushrooming unless the blithely come-one-come-all immigration and (non-) assimilation policies of recent decades are reversed.

The greatest irony, of course, is that the more America’s social and cultural identity is reshaped by these newcomers, the further it will move from the kinds of tolerance so dear to so much of the left wing of the Open Borders crowd. How much longer before they recognize that (1) everyone indeed is capable of becoming an American in the only sense that reflects the best of this nation’s history – and that’s still broadly enough supported to justify optimism about its fate; but that (2) to achieve this form of (fundamentally tolerant) assimilation, it’s still necessary to try.

Following Up: That Latest (Disgraceful) Court Decision on Trump’s Immigration Order

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Congress, Constitution, due process, Elena Kagan, executive order, Following Up, Immigration, Muslim ban, national security, presidency, refugees, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, Supreme Court, terrorism, travel ban, Trump, U.S. Court of Appeals Ninth Circuit, visas, Washington State

The decision last Thursday by a federal appeals court to uphold blockage of President Trump’s recent Executive Order on immigration and refugee policy exemplified the challenge I noted when I started blogging here at RealityChek: “So much nonsense out there, so little time….” Just as I often struggle each day to decide which outrage in the public policy world against fact-based, adult thinking should be addressed, I’ve struggled to decide which sad excuses for a legal argument made by three appellate judges in the Ninth Circuit to focus on in this post.

But two groups of contentions stand out as especially dangerous and disingenuous. Both decisively influenced the judges’ determination to keep the Executive Order from being enforced on procedural grounds pending a further judicial decision on the merits of the case.

The first is the panel’s unanimous ruling on how much due process to protect Constitutionally guaranteed rights is legally deserved by foreigners outside America’s borders who have not been awarded legal resident status. That is, how many boxes do the relevant U.S. officials need to check in order to reach a legally valid decision to deny a refugee applicant admission? In these refugee cases, the Supreme Court has held that the only such obligation is providing a “facially legitimate and bona fide” reason for a judgment reached by a State Department consular officer.

The Ninth Circuit panel, however, claims that this standard (and the already established appeals process) is insufficient when refugee applicants “have a relationship with a U.S. resident or an institution that might have rights of its own to assert.” And it has ruled that the Trump Executive Order failed to meet this standard.

Even leaving aside the convincing argument that existing law denies judges jurisdiction over immigration policy (which the panel rejected in a “preliminary” sense), just consider the precedent this conclusion would set. It would mean that unless a terrorist connection could be proved conclusively, a suspected ISIS fighter or adherent who applies for refugee or other immigration status from Iraq or Yemen or wherever could be entitled to enter the United States if he or she was a relative of a non-citizen legal U.S. resident. What would conclusive proof be? Heaven knows, since the case referenced by the Ninth Circuit panel only alleged that the rejection in question wasn’t sufficiently “detailed.” And who would decide how much detail is enough? Perhaps a U.S. court? Perhaps after looking over intelligence findings that are often unavoidably judgment calls? It’s hard to imagine a better way to start turning making a sieve of screening procedures vital in an age of transnational terrorism for protecting national security.

Think I’m kidding? Here are the actual circumstances of the immigration denial decision that the Ninth Circuit apparently finds so objectionable (and which was upheld in 2014 by the Supreme Court): An Afghan-born legal resident of the United States petitioned for her husband’s entry from Afghanistan, and asserted he deserved “priority (and judicially reviewable) status” like other “immediate relatives.”

And the basis for her claim that this application was unjustly turned down – i.e., that her petition was denied due process because the rationale wasn’t sufficiently detailed? A consular official told her husband that he would be kept out of America because by his own admission, he had been an official in Afghanistan’s former Taliban government, and that U.S. law aims to exclude foreigners who have engaged in “terrorist activities” – a description that certainly applies to the Taliban.

It gets better: The federal court that did decide that a former admitted Taliban official’s application deserved (unspecified) further consideration, which resulted in the case being appealed to the Supreme Court? It was the Ninth Circuit. And four Supreme Court Justices (Stephen Breyer, who wrote a dissent, and Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor, who joined with him) agreed.

The second especially disturbing aspect of the appellate court’s decision was the panel’s claim that it had, in accordance with “an uncontroversial principle that is well-grounded in our jurisprudence,” paid “substantial deference to the immigration and national security policy determinations of the political branches” – that is, the presidency and the Congress. The only such deference apparent in this decision is at the level of brazen tokenism.

Specifically, the three judges claimed to agree that “the Government’s interest in combating terrorism is an urgent objective of the highest order.” But they also stated that the judiciary has a responsibility to balance this interest with other legitimate considerations, namely the public’s interest in “free flow of travel, in avoiding separation of families, and in freedom from discrimination.”

The “freedom from discrimination” threat of course pertains to repeated charges – also made in court by plaintiff Washington State – that the Executive Order’s refugee provisions create a “Muslim ban.” The Order’s failure to include most countries with Muslim majorities renders that charge inexplicable. Moreover, as my previous post observed, religious persecution is one of the forms of persecution that must be demonstrated by successful refugee applicants. But what’s simply jaw-dropping is the nature of the specific balancing act the appellate court identified involving national security concerns on the one hand, and freedom of travel and keeping families together on the other.

Because here’s what the three-judge panel asserted could nullify national security judgments made by the president and Congress (in the 2015 law identifying the seven countries subjected to the travel ban as “countries of concern” requiring special screening). And P.S.: It’s also what the judges agreed (in line with claims by Washington State and Minnesota) constituted enough “damage” to the State’s “economy and public universities” even to rise to the level of adjudicability in the context of immigration policy:

>”two visiting scholars who had planned to spend time at Washington State University were not permitted to enter the United States”:

>”three prospective employees from countries covered by the Executive Order for visas [for whom the University of Washington] had made plans [to arrive] beginning in February 2017”;

>”two medicine and science interns who have been prevented by the Executive Order from coming to the University of Washington”; and

>”an unspecified number of “students and faculty at Minnesota’s public universities [who] were similarly restricted from traveling for academic and personal reasons.”

If this is a balancing act, it’s one with a heavy Ninth Circuit thumb giving critical mass to laughably marginal considerations – even assuming that any of these temporarily inconvenienced students and teachers have any preexisting right to crossing American borders.

It’s true that lawyers and judges often insist that “no issue is decided finally until it is decided correctly.” But the Trump Executive Order’s treatment so far in the judiciary, and the current make-up of the Supreme Court, tell me that national security could suffer greatly until this result is finally reached.