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The Deter Act: Congress's Latest Effort to Discourage Election Interference Print
Friday, 03 August 2018 12:45

Stein writes: "New movement may be afoot on a sanctions bill designed to deter Russian election interference."

The Kremlin. (photo: Wikimedia)
The Kremlin. (photo: Wikimedia)


The Deter Act: Congress's Latest Effort to Discourage Election Interference

By Ed Stein, Lawfare

03 August 18

 

ew movement may be afoot on a sanctions bill designed to deter Russian election interference. The bill, the Defending Elections from Threats by Establishing Redlines Act of 2018 (Deter Act), was introduced earlier this year by Sens. Marco Rubio (R.-Fla.) and Chris Van Hollen (D.-Md.). Although some are resisting quick movement on the legislation, there are signs that the bill will soon get a serious look. Significantly, Senate Majority Leader Mitch McConnell (R.-Ky.) has recently shown increased interest in exploring a fresh round of sanctions against Russia. Rubio and Van Hollen have suggested this examination include consideration of the Deter Act before the upcoming recess. McConnell has also hinted that the bill, or a variant of it, could be up for Senate consideration in the future.

Although the bill (and its House companion) enjoys bipartisan sponsorship, the support is far from universal. Sens. Bob Corker (R.-Tenn.), chairman of the Foreign Relations Committee, and Mike Crapo (R.-Idaho), chairman of the Banking Committee, have expressed skepticism—the former with the timing, the latter with the overall need for more legislation. And Sen. Rand Paul (R.-Ky.)—who, in the past, has been hawkish on Russia and has argued against giving the president discretion to lift sanctions—recently criticized the bill for limiting presidential power.

This post will provide a brief overview of the Deter Act’s central features. At a high level, the bill aims to dissuade Russian intervention in U.S. elections by automatically imposing serious retaliatory sanctions. Indeed, the bill requires the imposition of extraordinarily severe sanctions by mandating, against a wide variety of economic targets, full asset blocks. While a number of the bill’s targets are currently subject to some sanctions (such as debt restrictions), the act would effectively require the Treasury secretary to block all their property within U.S. jurisdiction.

Deterrence Theory

The logic of the bill is a straightforward application of deterrence theory. Deterrence employs a credible threat of retaliation in order to preemptively dissuade an adversary from taking certain actions. As Thomas Schelling, one of the intellectual founders of deterrence, explained in his seminal book, Strategy of Conflict:

The purpose is deterrence ex ante, not revenge ex post. Making a credible threat involves proving that one would have to carry out the threat, or creating incentives for oneself or incurring penalties that would make one evidently want to. … As a rule, one must threaten that he will act, not that he may act, if the threat fails.

Or as Dr. Strangelove, the mad scientist character in Stanley Kubrick’s eponymous 1964 classic film, explains:

Deterrence is the art of producing in the mind of the enemy… the fear to attack. And so, because of the automated and irrevocable decision making process which rules out human meddling, the Doomsday machine is terrifying. It's simple to understand… and completely credible and convincing.

(Interestingly, Schelling’s work was reportedly one of Kubrick’s initial inspirations for the film.)

Enshrining the sanctions in legislation with little to no enforcement discretion confers a strong degree of credibility and signals resolve, at least on the part of Congress. And, as will be discussed below, the sanctions provided for in the bill would likely be quite painful.

Trigger: DNI Determination

The Deter Act would require the director of national intelligence (DNI) to determine, within 30 days of any federal election, whether “the government of a foreign country, or any person acting as an agent of or on behalf of that government, knowingly engaged in interference in the election.” The DNI’s findings must be “submitted [to Congress] in an unclassified form but may include a classified annex,” suggesting that the public could be made aware of the DNI’s unclassified findings. Additionally, the reporting obligation is ongoing; if the DNI initially finds no interference but later determines otherwise, he or she must submit an additional report “not later than 30 days after making that determination.” And the requirement applies to the activities of any foreign power, not just Russia. The publication requirements could enhance the effectiveness of the bill’s deterrent effect. Public awareness would presumably make subsequent questioning of the DNI’s conclusions quite difficult, thereby enhancing the credibility of the threatened consequences.

The bill’s definitions also help avoid second-guessing the DNI's determination by setting the bar low for what counts as interference.

First, the bill defines interference broadly to include advertising and social media campaigns:

The term “interference,” with respect to a United States election, means any of the following actions of the government of a foreign country, or any person acting as an agent of or on behalf of such a government, undertaken with the intent to influence the election:

(A) Obtaining unauthorized access to election and campaign infrastructure or related systems or data and releasing such data or modifying such infrastructure, systems, or data.

(B) Blocking or degrading otherwise legitimate and authorized access to election and campaign infrastructure or related systems or data.

(C) Contributions or expenditures for advertising, including on the internet.

(D) Using social or traditional media to spread significant amounts of false information to individuals in the United States.

Second, the bill defines “election and campaign infrastructure” to include political campaign operations as well as government-operated equipment and databases:

The term “election and campaign infrastructure” means information and communications technology and systems used by or on behalf of—(A) the Federal Government or a State or local government in managing the election process, including voter registration databases, voting machines, voting tabulation equipment, equipment for the secure transmission of election results, and other systems; or

(B) a principal campaign committee or national committee (as those terms are defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) with respect to strategy or tactics affecting the conduct of a political campaign, including electronic communications, and the information stored on, processed by, or transiting such technology and systems.

Third, the bill employs a negligence standard by defining “knowingly” to capture both persons who actually intended to interfere with an election and those who “should have known” that their conduct would result in interference. Taken together, this would capture a broad range of potential activity by foreign governments or their agents, including both “active measures” as well as more straightforward hacking.

Consequence: Major Automatic Sanctions

While the DNI’s determination may cover interference by any foreign power, the sanctions are Russia-centric. Specifically, the Deter Act requires the president or the Treasury secretary to automatically impose sanctions within 10 days of a determination by the DNI that Russia interfered in U.S. elections. (Although the DNI’s determination is made with respect to interference by any country, the activities only trigger sanctions if Russia interfered.) Unlike most sanctions bills, the Deter Act does not include any presidential-waiver provision. And it permits only minor discretion in terms of the exact sanctions to be imposed or the entities that are to be sanctioned.

Blocking under IEEPA

It is worth noting that almost all of the sanctions which the bill would impose involve blocking property under the International Emergency Economic Powers Act (IEEPA), codified at 50 U.S.C. §1701). Specifically, the bill—using various formulations of the below language—repeatedly calls for the Treasury secretary to block property under IEEPA:

… pursuant to [IEEPA], block and prohibit all transactions in all property and interests in property ... if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

As the Office of Foreign Assets Control (OFAC) has explained, blocking is tantamount to freezing without seizing:

Another word for [blocking] is "freezing." It is simply a way of controlling targeted property. Title to the blocked property remains with the target, but the exercise of powers and privileges normally associated with ownership is prohibited without authorization from OFAC. Blocking immediately imposes an across-the-board prohibition against transfers or dealings of any kind with regard to the property.

OFAC also says not all sanctions it imposes require blocking assets. For example, a number of the entities which could have their assets blocked under the Deter Act are currently subject to other sanctions, such as debt-related restrictions imposed on actors operating in certain sectors of the Russian economy pursuant to the Ukraine/Russia-Related Sanctions Program. Blocking their assets would be significantly more restrictive.

(For additional background on IEEPA in the sanctions context, see here. For additional background on IEEPA more generally, including surveys of past uses, see here, here, and here).

Specific Sanctions under the Deter Act

The specific sanctions called for under the bill often, though not always, employ blocking orders. Each of the following would be automatically required within 10 days of a DNI finding of Russian interference.

  • Financial Institutions: The bill requires the Treasury secretary to take significant actions against at least three of six identified Russian financial institutions (Sberbank, VTB Bank, Gazprombank, Vnesheconombank, Bank of Moscow, and Rosselkhozbank). In addition to being amongst Russia’s largest banks, each is already subject to more limited Ukraine-related sanctions. The bill allows the secretary to choose between imposing a blocking order under IEEPA or severely limit or prohibit all correspondent banking activity. The latter option appears similar to an action under Section 311 of the Patriot Act (31 U.S.C. §5318A). Either way, the targeted banks would, for all intents and purposes, be cut off from the U.S. financial system.

  • Energy Companies: The bill requires the secretary to impose a blocking order under IEEPA targeting “all property and interests in property” of at least two out of Russia’s three largest energy companies—Gazprom, Rosneft, and Lukoil—each of which is already subject to more limited Ukraine-related sanctions.

  • Defense and Intelligence Sectors: The bill directs the secretary to impose a blocking order under IEEPA targeting “all property and interests in property” of any entity subject to sanctions under Section 231 of the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA), codified at 22 U.S.C. §9525). CAATSA is discussed in detail here, and the current list can be found on the State Department’s website.

  • State-owned Entities Operating in Certain Sectors: The bill requires the secretary to impose a blocking order under IEEPA targeting “all property and interests in property” of any company operating in certain sectors and in which the Russian government owns at least a 25 percent stake. The sectors include “the railway or metals and mining sectors” as well as “[a]ny aerospace company or air carrier,” including relevant subsidiaries.

  • Other State-owned Entities: The bill requires the secretary to impose a blocking order under IEEPA targeting “all property and interests in property” of any entity that is at least 20 percent owned by another entity that is at least 50 percent owned by the Russian government. So, if a Russian state-controlled enterprise owns at least 20 percent of a company, that company is subject to sanctions.

  • Sovereign Debt Transactions: The bill orders the secretary to prohibit all transactions subject to U.S. jurisdiction in Russian sovereign debt, Russian government bonds, and the “debt of any entity owned or controlled by the [Russian government].”

  • Political Figures and Oligarchs: The bill requires the president to impose a blocking order under IEEPA. It also directs the president to deny a visa to or revoke an extant visa from, “any senior foreign politiucal figure or oligarch… described in [section 241(a)(1)]” of CAATSA (i.e., the Oligarch’s List, discussed here).

Significantly, once sanctions are imposed, the Deter Act effectively mandates they remain in force until the DNI certifies that Russia has not interfered in U.S. elections for “at least 2 presidential election cycles.” Because the term “presidential election cycles” is defined to cover the period between presidential elections, the sanctions would be in place for at least eight years. Terminating the sanctions (as opposed to mere suspension) also requires that the president “receive[] reliable assurances that the [Russian government] will not engage in such interference in the future.” Thus interference would require Russia’s willingness to accept heavy, long-lasting economic consequences.

Reports

Last—and perhaps least, given the magnitude of the abovementioned sanctions—the bill includes several reporting requirements. Interestingly, it requires administration briefs every 90 days “on any government of a foreign country, or person acting as an agent of or on behalf of that government, that is determined by the President as having engaged in or being likely to engage in interference in a United States election.” The bill also requires the administration to submit within 90 days a strategy to deter potential election interference by China, Iran, and North Korea (as well as “any other foreign government determined by the President as having engaged in or being likely to engage in interference in a United States election”). As part of that report, the administration is required to identify potential retaliatory sanctions, cooperative efforts with other countries, and “a plan for communicating such deterrence actions to [the relevant] governments.”


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FOCUS: Capitalism Killed Our Climate Momentum, Not "Human Nature" Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=43707"><span class="small">Naomi Klein, The Intercept</span></a>   
Friday, 03 August 2018 11:08

Klein writes: "We aren't losing earth - but the earth is getting so hot so fast that it is on a trajectory to lose a great many of us."

The skyline of Manhattan at sunset in New York, May 23, 2018. (photo: Saul Loeb/Getty)
The skyline of Manhattan at sunset in New York, May 23, 2018. (photo: Saul Loeb/Getty)


Capitalism Killed Our Climate Momentum, Not "Human Nature"

By Naomi Klein, The Intercept

03 August 18

 

his Sunday, the entire New York Times Magazine will be composed of just one article on a single subject: the failure to confront the global climate crisis in the 1980s, a time when the science was settled and the politics seemed to align. Written by Nathaniel Rich, this work of history is filled with insider revelations about roads not taken that, on several occasions, made me swear out loud. And lest there be any doubt that the implications of these decisions will be etched in geologic time, Rich’s words are punctuated with full-page aerial photographs by George Steinmetz that wrenchingly document the rapid unraveling of planetary systems, from the rushing water where Greenland ice used to be to massive algae blooms in China’s third largest lake.

The novella-length piece represents the kind of media commitment that the climate crisis has long deserved but almost never received. We have all heard the various excuses for why the small matter of despoiling our only home just doesn’t cut it as an urgent news story: “Climate change is too far off in the future”; “It’s inappropriate to talk about politics when people are losing their lives to hurricanes and fires”; “Journalists follow the news, they don’t make it — and politicians aren’t talking about climate change”; and of course: “Every time we try, it’s a ratings killer.”

None of the excuses can mask the dereliction of duty. It has always been possible for major media outlets to decide, all on their own, that planetary destabilization is a huge news story, very likely the most consequential of our time. They always had the capacity to harness the skills of their reporters and photographers to connect abstract science to lived extreme weather events. And if they did so consistently, it would lessen the need for journalists to get ahead of politics because the more informed the public is about both the threat and the tangible solutions, the more they push their elected representatives to take bold action.

Which is why it was so exciting to see the Times throw the full force of its editorial machine behind Rich’s opus — teasing it with a promotional video, kicking it off with a live event at the Times Center, and accompanying educational materials.

That’s also why it is so enraging that the piece is spectacularly wrong in its central thesis.

According to Rich, between the years of 1979 and 1989, the basic science of climate change was understood and accepted, the partisan divide over the issue had yet to cleave, the fossil fuel companies hadn’t started their misinformation campaign in earnest, and there was a great deal of global political momentum toward a bold and binding international emissions-reduction agreement. Writing of the key period at the end of the 1980s, Rich says, “The conditions for success could not have been more favorable.”

And yet we blew it — “we” being humans, who apparently are just too shortsighted to safeguard our future. Just in case we missed the point of who and what is to blame for the fact that we are now “losing earth,” Rich’s answer is presented in a full-page callout: “All the facts were known, and nothing stood in our way. Nothing, that is, except ourselves.”

Yep, you and me. Not, according to Rich, the fossil fuel companies who sat in on every major policy meeting described in the piece. (Imagine tobacco executives being repeatedly invited by the U.S. government to come up with policies to ban smoking. When those meetings failed to yield anything substantive, would we conclude that the reason is that humans just want to die? Might we perhaps determine instead that the political system is corrupt and busted?)

This misreading has been pointed out by many climate scientists and historians since the online version of the piece dropped on Wednesday. Others have remarked on the maddening invocations of “human nature” and the use of the royal “we” to describe a screamingly homogenous group of U.S. power players. Throughout Rich’s accounting, we hear nothing from those political leaders in the Global South who were demanding binding action in this key period and after, somehow able to care about future generations despite being human. The voices of women, meanwhile, are almost as rare in Rich’s text as sightings of the endangered ivory-billed woodpecker — and when we ladies do appear, it is mainly as long-suffering wives of tragically heroic men.

All of these flaws have been well covered, so I won’t rehash them here. My focus is the central premise of the piece: that the end of the 1980s presented conditions that “could not have been more favorable” to bold climate action. On the contrary, one could scarcely imagine a more inopportune moment in human evolution for our species to come face to face with the hard truth that the conveniences of modern consumer capitalism were steadily eroding the habitability of the planet. Why? Because the late ’80s was the absolute zenith of the neoliberal crusade, a moment of peak ideological ascendency for the economic and social project that deliberately set out to vilify collective action in the name of liberating “free markets” in every aspect of life. Yet Rich makes no mention of this parallel upheaval in economic and political thought.

When I delved into this same climate change history some years ago, I concluded, as Rich does, that the key juncture when world momentum was building toward a tough, science-based global agreement was 1988. That was when James Hansen, then director of NASA’s Goddard Institute for Space Studies, testified before Congress that he had “99 percent confidence” in “a real warming trend” linked to human activity. Later that same month, hundreds of scientists and policymakers held the historic World Conference on the Changing Atmosphere in Toronto, where the first emission reduction targets were discussed. By the end of that same year, in November 1988, the United Nations’ Intergovernmental Panel on Climate Change, the premier scientific body advising governments on the climate threat, held its first session.

But climate change wasn’t just a concern for politicians and wonks — it was watercooler stuff, so much so that when the editors of Time magazine announced their 1988 “Man of the Year,” they went for “Planet of the Year: Endangered Earth.” The cover featured an image of the globe held together with twine, the sun setting ominously in the background. “No single individual, no event, no movement captured imaginations or dominated headlines more,” journalist Thomas Sancton explained, “than the clump of rock and soil and water and air that is our common home.”

(Interestingly, unlike Rich, Sancton didn’t blame “human nature” for the planetary mugging. He went deeper, tracing it to the misuse of the Judeo-Christian concept of “dominion” over nature and the fact that it supplanted the pre-Christian idea that “the earth was seen as a mother, a fertile giver of life. Nature — the soil, forest, sea — was endowed with divinity, and mortals were subordinate to it.”)

When I surveyed the climate news from this period, it really did seem like a profound shift was within grasp — and then, tragically, it all slipped away, with the U.S. walking out of international negotiations and the rest of the world settling for nonbinding agreements that relied on dodgy “market mechanisms” like carbon trading and offsets. So it really is worth asking, as Rich goes: What the hell happened? What interrupted the urgency and determination that was emanating from all these elite establishments simultaneously by the end of the ’80s?

Rich concludes, while offering no social or scientific evidence, that something called “human nature” kicked in and messed everything up. “Human beings,” he writes, “whether in global organizations, democracies, industries, political parties or as individuals, are incapable of sacrificing present convenience to forestall a penalty imposed on future generations.” It seems we are wired to “obsess over the present, worry about the medium term and cast the long term out of our minds, as we might spit out a poison.”

When I looked at the same period, I came to a very different conclusion: that what at first seemed like our best shot at lifesaving climate action had in retrospect suffered from an epic case of historical bad timing. Because what becomes clear when you look back at this juncture is that just as governments were getting together to get serious about reigning in the fossil fuel sector, the global neoliberal revolution went supernova, and that project of economic and social reengineering clashed with the imperatives of both climate science and corporate regulation at every turn.

The failure to make even a passing reference to this other global trend that was unfolding in the late ’80s represents an unfathomably large blind spot in Rich’s piece. After all, the primary benefit of returning to a period in the not-too-distant past as a journalist is that you are able to see trends and patterns that were not yet visible to people living through those tumultuous events in real time. The climate community in 1988, for instance, had no way of knowing that they were on the cusp of the convulsive neoliberal revolution that would remake every major economy on the planet.

But we know. And one thing that becomes very clear when you look back on the late ’80s is that, far from offering “conditions for success [that] could not have been more favorable,” 1988-89 was the worst possible moment for humanity to decide that it was going to get serious about putting planetary health ahead of profits.

Recall what else was going on. In 1988, Canada and the U.S. signed their free trade agreement, a prototype for NAFTA and countless deals that would follow. The Berlin wall was about to fall, an event that would be successfully seized upon by right-wing ideologues in the U.S. as proof of “the end of history” and taken as license to export the Reagan-Thatcher recipe of privatization, deregulation, and austerity to every corner of the globe.

It was this convergence of historical trends — the emergence of a global architecture that was supposed to tackle climate change and the emergence of a much more powerful global architecture to liberate capital from all constraints — that derailed the momentum Rich rightly identifies. Because, as he notes repeatedly, meeting the challenge of climate change would have required imposing stiff regulations on polluters while investing in the public sphere to transform how we power our lives, live in cities, and move ourselves around.

All of this was possible in the ’80s and ’90s (it still is today) — but it would have demanded a head-on battle with the project of neoliberalism, which at that very time was waging war on the very idea of the public sphere (“There is no such thing as society,” Thatcher told us). Meanwhile, the free trade deals being signed in this period were busily making many sensible climate initiatives — like subsidizing and offering preferential treatment to local green industry and refusing many polluting projects like fracking and oil pipelines — illegal under international trade law.

I wrote a 500-page book about this collision between capitalism and the planet, and I won’t rehash the details here. This extract, however, goes into the subject in some depth, and I’ll quote a short passage here:

We have not done the things that are necessary to lower emissions because those things fundamentally conflict with deregulated capitalism, the reigning ideology for the entire period we have been struggling to find a way out of this crisis. We are stuck because the actions that would give us the best chance of averting catastrophe — and would benefit the vast majority — are extremely threatening to an elite minority that has a stranglehold over our economy, our political process, and most of our major media outlets. That problem might not have been insurmountable had it presented itself at another point in our history. But it is our great collective misfortune that the scientific community made its decisive diagnosis of the climate threat at the precise moment when those elites were enjoying more unfettered political, cultural, and intellectual power than at any point since the 1920s. Indeed, governments and scientists began talking seriously about radical cuts to greenhouse gas emissions in 1988 — the exact year that marked the dawning of what came to be called “globalisation.”

Why does it matter that Rich makes no mention of this clash and instead, claims our fate has been sealed by “human nature”? It matters because if the force that interrupted the momentum toward action is “ourselves,” then the fatalistic headline on the cover of New York Times Magazine – “Losing Earth” — really is merited. If an inability to sacrifice in the short term for a shot at health and safety in the future is baked into our collective DNA, then we have no hope of turning things around in time to avert truly catastrophic warming.

If, on the other hand, we humans really were on the brink of saving ourselves in the ’80s, but were swamped by a tide of elite, free-market fanaticism — one that was opposed by millions of people around the world — then there is something quite concrete we can do about it. We can confront that economic order and try to replace it with something that is rooted in both human and planetary security, one that does not place the quest for growth and profit at all costs at its center.

And the good news — and, yes, there is some — is that today, unlike in 1989, a young and growing movement of green democratic socialists is advancing in the United States with precisely that vision. And that represents more than just an electoral alternative — it’s our one and only planetary lifeline.

Yet we have to be clear that the lifeline we need is not something that has been tried before, at least not at anything like the scale required. When the Times tweeted out its teaser for Rich’s article about “humankind’s inability to address the climate change catastrophe,” the excellent eco-justice wing of the Democratic Socialists of America quickly offered this correction: “*CAPITALISM* If they were serious about investigating what’s gone so wrong, this would be about ‘capitalism’s inability to address the climate change catastrophe.’ Beyond capitalism, *humankind* is fully capable of organizing societies to thrive within ecological limits.”

Their point is a good one, if incomplete. There is nothing essential about humans living under capitalism; we humans are capable of organizing ourselves into all kinds of different social orders, including societies with much longer time horizons and far more respect for natural life-support systems. Indeed, humans have lived that way for the vast majority of our history and many Indigenous cultures keep earth-centered cosmologies alive to this day. Capitalism is a tiny blip in the collective story of our species.

But simply blaming capitalism isn’t enough. It is absolutely true that the drive for endless growth and profits stands squarely opposed to the imperative for a rapid transition off fossil fuels. It is absolutely true that the global unleashing of the unbound form of capitalism known as neoliberalism in the ’80s and ’90s has been the single greatest contributor to a disastrous global emission spike in recent decades, as well as the single greatest obstacle to science-based climate action ever since governments began meeting to talk (and talk and talk) about lowering emissions. And it remains the biggest obstacle today, even in countries that market themselves as climate leaders, like Canada and France.

But we have to be honest that autocratic industrial socialism has also been a disaster for the environment, as evidenced most dramatically by the fact that carbon emissions briefly plummeted when the economies of the former Soviet Union collapsed in the early 1990s. And as I wrote in “This Changes Everything,” Venezuela’s petro-populism has continued this toxic tradition into the present day, with disastrous results.

Let’s acknowledge this fact, while also pointing out that countries with a strong democratic socialist tradition — like Denmark, Sweden, and Uruguay — have some of the most visionary environmental policies in the world. From this we can conclude that socialism isn’t necessarily ecological, but that a new form of democratic eco-socialism, with the humility to learn from Indigenous teachings about the duties to future generations and the interconnection of all of life, appears to be humanity’s best shot at collective survival.

These are the stakes in the surge of movement-grounded political candidates who are advancing a democratic eco-socialist vision, connecting the dots between the economic depredations caused by decades of neoliberal ascendency and the ravaged state of our natural world. Partly inspired by Bernie Sanders’s presidential run, candidates in a variety of races — like Alexandria Ocasio-Cortez in New York, Kaniela Ing in Hawaii, and many more — are running on platforms calling for a “Green New Deal” that meets everyone’s basic material needs, offers real solutions to racial and gender inequities, while catalyzing a rapid transition to 100 percent renewable energy. Many, like New York gubernatorial candidate Cynthia Nixon and New York attorney general candidate Zephyr Teachout, have pledged not to take money from fossil fuel companies and are promising instead to prosecute them.

These candidates, whether or not they identify as democratic socialist, are rejecting the neoliberal centrism of the establishment Democratic Party, with its tepid “market-based solutions” to the ecological crisis, as well as Donald Trump’s all-out war on nature. And they are also presenting a concrete alternative to the undemocratic extractivist socialists of both the past and present. Perhaps most importantly, this new generation of leaders isn’t interested in scapegoating “humanity” for the greed and corruption of a tiny elite. It seeks instead to help humanity — particularly its most systematically unheard and uncounted members — to find their collective voice and power so they can stand up to that elite.

We aren’t losing earth — but the earth is getting so hot so fast that it is on a trajectory to lose a great many of us. In the nick of time, a new political path to safety is presenting itself. This is no moment to bemoan our lost decades. It’s the moment to get the hell on that path.


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FOCUS: Stop Calling Trump a Populist Print
Friday, 03 August 2018 10:40

Krugman writes: "Message to those in the news media who keep calling Donald Trump a 'populist': I do not think that word means what you think it means."

Workers observe President Trump during a speech last week at a steel plant in Illinois. (photo: Tom Brenner/The New York Times)
Workers observe President Trump during a speech last week at a steel plant in Illinois. (photo: Tom Brenner/The New York Times)


Stop Calling Trump a Populist

By Paul Krugman, The New York Times

03 August 18

 

essage to those in the news media who keep calling Donald Trump a “populist”: I do not think that word means what you think it means.

It’s true that Trump still, on occasion, poses as someone who champions the interests of ordinary working Americans against those of the elite. And I guess there’s a sense in which his embrace of white nationalism gives voice to ordinary Americans who share his racism but have felt unable to air their prejudice in public.

But he’s been in office for a year and a half, time enough to be judged on what he does, not what he says. And his administration has been relentlessly anti-worker on every front. Trump is about as populist as he is godly — that is, not at all.


READ MORE

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Trump vs. Koch Is a Custody Battle Over Congress Print
Friday, 03 August 2018 08:29

Mayer writes: "Despite the brothers' record as among the country's largest and most consistently partisan financial sponsors, the Kochs' pique at their own party is nothing new."

Multibillionaire Charles Koch addresses donors to the libertarian Koch Network at its annual summer gathering in Colorado Springs, Colorado, on July 28. (photo: Getty)
Multibillionaire Charles Koch addresses donors to the libertarian Koch Network at its annual summer gathering in Colorado Springs, Colorado, on July 28. (photo: Getty)


Trump vs. Koch Is a Custody Battle Over Congress

By Jane Mayer, The New Yorker

03 August 18

 

ost of the media coverage of the “ugly public feud,” as the New York Times called it, between President Trump and the Koch brothers has taken the Kochs at their word that they may have to give up on the Republican Party of Trump and start backing Democrats, so disgusted are they with the President’s protectionist trade policies. But history suggests that the Kochs’ threat is about as believable as that of a parent threatening to “just plain leave” if a balky toddler doesn’t behave.

Despite the brothers’ record as among the country’s largest and most consistently partisan financial sponsors, the Kochs’ pique at their own party is nothing new. For decades they have complained bitterly about Republican politicians whose fealty to their libertarian agenda has rarely, in their view, been absolute enough. This dissatisfaction with the Grand Old Party was evident as far back as 1980, when Charles Koch, who is now eighty-two, convinced his younger brother David Koch, who is now seventy-eight, to run for Vice-President on the Libertarian ticket, against Ronald Reagan. The Kochs, who at one point were members of the fringe-right John Birch Society, deemed Reagan insufficiently conservative, as they now do Trump. But after Reagan won in a landslide—the Libertarian Party got only one per cent of the popular vote—the Kochs gave up on third-party politics. From that point on, they used their vast family fortune to build a three-pronged political machine comprised of lobbying, campaign donations, and nonprofit pressure groups to pull the Republican Party toward their views. One could argue that their return on investment has been remarkable; the Republican Party has adopted many of their hard-right anti-government, anti-regulation, and anti-tax views, few of which were in vogue when the Kochs entered politics. But no matter how far right the G.O.P. has moved, it’s never been quite far enough for Charles Koch, who declared, in 1978, that “our movement must destroy the prevalent statist paradigm.”

Neither of the Bush Presidents passed the Kochs’ political-purity test. In fact, it was the Kochs’ disappointment with George W. Bush’s expansion of prescription-drug benefits, among other issues, that inspired them, in 2003, to form their political-fund-raising network with like-minded conservatives. Since then, the group has grown into a private political machine that arguably rivals, and by some estimates overpowers, the Republican Party itself. Earlier this year, the network announced that it planned to spend four hundred million dollars in the coming midterm-election cycle, to help preserve the Republican majority in both houses of Congress. But last weekend, somewhat unexpectedly, at a meeting in Colorado Springs, of some five hundred members of this group, all of whom have pledged to contribute at least a hundred thousand dollars annually to the cause, Koch officials attacked Trump, in all but name, as “divisive,” and threatened to start backing Democrats in some midterm races. This came atop the recent news that the Kochs’ main political-advocacy group, Americans for Prosperity, had sponsored an ad praising Heidi Heitkamp, the Democratic senator, who is running in a tough reëlection race in North Dakota, for voting to loosen financial regulations. The Kochs haven’t committed to backing her, but they have declined to support her Republican opponent, Kevin Cramer, more or less thumbing their nose at the President, who personally endorsed him.

Trump took little time to fire back, tweeting, “I don’t need their money or bad ideas,” that he has “beaten them at every turn,” and that the Kochs “have become a total joke in real Republican circles.” Trump, of course, was never the Koch network’s preferred candidate. In 2016, he was, in fact, the only Republican Presidential candidate whom the Kochs declared they could not support. As a would-be strongman, Trump shared none of their libertarian anti-statist sympathies. In fact, Charles Koch memorably complained that choosing between Trump and Hillary Clinton was like choosing between “cancer or a heart attack.” Trump meanwhile derided the politicians who sought the Kochs’ backing as “puppets.”

Yet Trump has done more to further the Kochs’ agenda than any previous Administration. Despite claiming to represent the country’s “forgotten men,” he has surrounded himself with Koch apparatchiks and allies. Several of his Cabinet members’ allegiance to the Kochs long predates their allegiance to Trump, including Vice-President Mike Pence, Secretary of State Mike Pompeo, and Secretary of Education Betsy DeVos. The Administration has fulfilled many of the Kochs’ wildest dreams, ranging from environmental revanchism to extraordinarily regressive tax cuts. The Kochs have also lavished praise on Trump’s conservative judicial picks. As Trump himself observed in a tweet this week, he’s made Charles and David Koch, whose fortunes are estimated at more than fifty-three billion dollars each, far wealthier. So, given how richly Trump has rewarded them, why are the Kochs sounding off now?

On the surface, the cause of the rift is their opposition to Trump’s protectionist trade and immigration policies, which clash with their free-market preferences—and Koch Industries’ bottom line. The policy fight runs deep, reflecting a larger rift in the Republican Party on these issues. Exacerbating tensions, Trump and Charles Koch are both headstrong billionaires who are accustomed to buying, and then getting, their ways. Both were sent to military schools by their parents, after having disciplinary problems at home, and both have high regard for themselves as self-made men, despite both inheriting vast fortunes from their fathers.

Beyond this, both appear to think that the Republican Party in particular, and American politics in general, should be theirs to dominate. Yet, if you parse last weekend’s complaint from Charles Koch carefully, what you see is that his ire wasn’t so much directed at Trump, whom he didn’t name, as at the Republicans in Congress for having fallen in line with the President instead of with him. According to the Washington Post, Koch said that he “regrets” backing some of the Republicans he helped elect, because they had strayed from the Koch network’s agenda. As a result, he reportedly said, at the closed-door meeting in Colorado, “We’re going to be more strict on holding someone accountable if they say they’re going to be for the principles that we espouse, and then they aren’t.” It was in this context that he said he might even consider backing Democrats.

The conservative activist Erick Erickson told the Post that “the Kochs are rather appalled at what they’re seeing from Republicans who they helped elect in 2010, 2014 and 2016—and who promised to be fiscally responsible and support free markets.” Instead, many Republicans in Congress have now defected to Trump, and the Kochs, like many others, are evidently disappointed to see how easily their party’s elected representatives have switched their allegiance.

As Stephen Bannon, Trump’s former chief political strategist and an architect of the nationalist and nativist policies that the Kochs oppose, put it, “the donor class controlled the Republican Party—that is, until the rise of Trump.” Now, the Kochs’ real problem, he said, was that they “see that being ripped away.”

Charles Koch’s real beef may not be so much with the President, from whom he never expected all that much, and, who, like other Republican Presidents, has disappointed him. Instead, it is the Republicans in Congress whose campaigns he lavishly funded. Unforgivably, they have violated the age-old definition of an honest politician, one who, once bought, stays bought.


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A Serious Attempt to Stop Partisan Gerrymandering Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=44720"><span class="small">The Washington Post Editorial Board</span></a>   
Friday, 03 August 2018 08:28

Excerpt: "Those who believe - as we do - that partisan gerrymandering has become so extreme that it violates constitutional principles and threatens our democracy were disappointed when the Supreme Court dodged the issue last term."

Americans waiting to cast their ballots. (photo: Getty)
Americans waiting to cast their ballots. (photo: Getty)


A Serious Attempt to Stop Partisan Gerrymandering

By The Washington Post Editorial Board

03 August 18

 

HOSE WHO believe — as we do — that partisan gerrymandering has become so extreme that it violates constitutional principles and threatens our democracy were disappointed when the Supreme Court dodged the issue last term. Its refusal in June, on technical grounds, to consider two egregious cases of partisan gerrymandering seemed to dash a good chance for reform. Lawmakers in statehouses who control the process, after all, have little incentive to fix a system they have rigged to benefit themselves.

So it is heartening — exhilarating, even — that citizens fed up with the toxic effects of gerrymandering have taken matters into their own hands. The Brennan Center for Justice reports that a record number of redistricting reform measures may be on ballots in states across the country this year. A particularly inspiring example is in Michigan, where a grass-roots movement of thousands of volunteers overcame great opposition to get a constitutional amendment on the November ballot. It would put an independent commission, not the legislature and governor, in charge of drawing the state’s congressional and legislative districts. Michigan’s state Supreme Court, in a 4-to-3 decision Tuesday, rejected a lawsuit brought by a business-backed group and supported by the state’s Republican attorney general that sought to keep the measure off the ballot.

The initiative is the work of a nonprofit group, Voters Not Politicians, born two years ago out of a Facebook posting from a 27-year-old with no experience in the political arena but a desire to do something positive after the 2016 election of Donald Trump. The group collected more than the required number of signatures without having to pay for them, which is something of a rarity in Michigan politics.

The amendment would create a 13-member redistricting commission that, starting in 2021, would consult with data analysts to draw compact, geographically contiguous districts not designed to favor any candidate or incumbent. The commission would hold regular public meetings, and its data would be made public.

The need for change can be seen in how Michigan’s current districts skew in favor of Republicans, the just-elected majority that created the map in 2011. Mr. Trump won Michigan by less than one-quarter of one percentage point, but the GOP maintained a nine-to-five advantage in Michigan’s congressional delegation and a 63-to-47 advantage in the state House. Republicans’ denial of political calculus is belied by emails, discovered in a separate lawsuit challenging the districts, in which GOP aides suggest ways to contain “Dem garbage” to four congressional districts and chortle over shaping one district to give “the finger” to a Democratic congressman.

Democrats engage in partisan gerrymandering, too, when they get the chance. It’s voters who get hurt; they are denied true representation, limited in a choice of candidates and confronted with government gridlock caused by political polarization. So Voters Not Politicians is right in saying, “It’s time we draw the line.” We hope their movement away from partisan gerrymandering — and similar efforts underway in other states — succeeds.


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