Earlier in the week I pointed out that the Obama administration was defending their assumed right to continue the wiretaps they so roundly condemned when the Bush administration did them.
And, of course, we all remember the consistent condemnation by candidate Obama of Guantanamo Bay and the denial of habeas to prisoners there as a horrible denial of rights.
Of course that was then and this is now, and it appears what was considered a principled stand now appears nothing more than election year rhetoric.
The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight.
But that was a mortal sin when BushHitler was in charge, wasn’t it?
As Insty reminds us:
Yeah, it’s as if all that talk about the evil power-grabs of the Bush Administration was just insincere electioneering. What made those power-grabs evil, in Obama’s eyes, wasn’t that they were power-grabs. It was that they were by the Bush Administration.
Now that the dust is beginning to settle, what, really, was accomplished in what Anne Applebaum likens more to a sold out concert tour than a diplomatic tour-de-force.
Well in the latter category it was more of a diplomatic tour-de-farce.
The Obama administration had two goals in two important meetings on the continent. The first was the G20 and the goal was to talk the Europeans into buying into increasing government spending to unprecedented levels, as the US has done, in order to “stimulate” the world’s economy. Epic “fail” in that department. However, the Euros did manage to talk Obama out of another 100 billion for the IMF.
The second goal was associated with NATO, and it was to talk our NATO allies into a large commitment of combat troops for Afghanistan. Again, an epic “fail”. As predicted by those who understand Europe, and thus NATO, that was a non-starter from the beginning. NATO instead offered up 5,000 troops, 3,000 on a temporary basis to help with the election, the rest as trainers for the ANA and ANP. But where troops are needed most – in combat positions – none, nada, zip, zero.
So, although you wouldn’t know it given the adoring media reports and the dutiful reporting of the administration spin on the trip, Obama ends up 0-2 in his first attempt at global diplomacy.
Applebaum notes one thing that struck her as “strange”:
Still, someone has to say it: Although some things went well on this trip, some things went badly. The centerpiece of the visit, Obama’s keynote foreign policy speech in Prague — leaked in advance, billed as a major statement — was, to put it bluntly, peculiar. He used it to call for “a world without nuclear weapons” and a new series of arms control negotiations with Russia. This was not wrong, necessarily, and not evil. But it was strange.
Yet, while Obama mentioned nuclear weapons reduction to Russia, he apparently didn’t mention Iran’s nukes or the fact that Russia’s shipment of the S-300 missile system to Iran is likely to destabilize the region by pushing Israel into finally striking Iran before ths system can be installed.
And then there’s North Korea’s decision to launch its ICBM at the very moment Obama was addressing nuclear weapons reduction. A bit of an in-your-face in diplomatic terms, by Kim Jong Il.
In other words, ridding the world of nuclear weapons would be very nice, but on its own it won’t alter the international balance of power, stop al-Qaeda or prevent large authoritarian states from invading their smaller neighbors.
I’ll be interested to see whether anyone gives a more sober assessment of the trip among the talking heads (as Applebaum did) or whether it will continue to be characterized as something it wasn’t.
I was wondering if this would happen:
The top U.S. commander in Iraq, Gen. Ray Odierno, met Obama shortly after Air Force One landed in Baghdad about 4:42 p.m. local time (9:42 a.m. ET).
Obama chose to visit Iraq rather than Afghanistan because of its proximity to Turkey, which Obama just visited, said Robert Gibbs, the president’s spokesman.
In addition, Obama wanted to discuss Iraq’s political situation with Iraqi Prime Minister Nouri al-Maliki and Iraqi President Jalal Talibani, Gibbs said.
Mostly, however, the stop is about Obama visiting troops, he said.
Good – a tip of the cap. This is important and I’m glad to see President Obama made time to see the troops. We can get all cynical about a lot of things, but I, for one, appreciate the effort and the gesture.
North Korea, ignoring the world as usual, launched it’s long-range missile:
North Korea fired a long-range rocket on Sunday, provoking international outrage and prompting the U.N. Security Council to call an emergency meeting.
The world as usual hopped up and down and told North Korea how angry it is:
“North Korea has ignored its international obligations, rejected unequivocal calls for restraint and further isolated itself from the community of nations,” President Obama said in Prague, urging Pyongyang to honor the U.N. resolutions and to refrain from further “provocative” actions.
It’s “obligations” obviously, pertain to obeying a unanimous UN Security Council resolution barring North Korea from firing ballistic missiles resolution passed in 2006. Of course North Korea never agreed to or had any say in the resolution. Just as obviously then, they feel no compunction whatsoever to abide by it.
And now, with the UN Security Council emergency meeting looming, what can we expect?
The 15-nation Security Council was due to hold an emergency closed-door meeting from 3 p.m. EDT but China and Russia have made clear they will use their veto power to block any resolution imposing new sanctions on Pyongyang .
For some reason, all of this reminded me of this from Team America: World Police –
Kim Jong Il: Hans Brix? Oh no! Oh, herro. Great to see you again, Hans!
Hans Blix: Mr. Il, I was supposed to be allowed to inspect your palace today, but your guards won’t let me enter certain areas.
Kim Jong Il: Hans, Hans, Hans! We’ve been frew this a dozen times. I don’t have any weapons of mass destwuction, OK Hans?
Hans Blix: Then let me look around, so I can ease the UN’s collective mind. I’m sorry, but the UN must be firm with you. Let me in, or else.
Kim Jong Il: Or else what?
Hans Blix: Or else we will be very angry with you… and we will write you a letter, telling you how angry we are.
Reality intruded on President Obama’s magical mystery tour in Europe today as NATO ministers turned a deaf ear to his plea for more troops in Afghanistan:
Gordon Brown was the only one to offer substantial help. He offered to send several hundred extra British soldiers to provide security during the August election, but even that fell short of the thousands of combat troops that the US was hoping to prise from the Prime Minister.
Just two other allies made firm offers of troops. Belgium offered to send 35 military trainers and Spain offered 12. Mr Obama’s host, Nicolas Sarkozy, refused his request.
Of course this had all been predicted by those who’ve been watching NATO and Europe for years (which would include us here at QandO). Western Europe, which forms the bulk of NATO, for the most part has no stomach for the war in Afghanistan, heck, they barely have a stomach for their own defense. Instead of the thousands troops, Obama was sure he’d be able to charm from them he’ll see 547 to 747 more troops, most from the UK, while the US sends 21,000.
While the school girls and press may be enamored with the charm and glamor of Obama, one of the major reasons for his trip turns out to be an unsurprising failure.
The siege against capitalism continues unabated. Yesterday, leaders of the 20 largest national economies reached a consensus that they needed to reel in unfettered free markets, which they all agreed was the cause of the world’s economic crisis. The medicine consists of further funding of the IMF (to the tune of an addition $1 Trillion) and an increased regulatory state.
Setting aside differences in philosophy and national character, at least for now, the leaders agreed to make available more than $1 trillion in new lending to spur international growth. While leaving it to individual nations to enact, they promised tough new regulations aimed at banks and other financial institutions whose freewheeling activities sparked the crisis. And they vowed renewed support for trade and more help for the globe’s poorest countries.
“The world’s leaders have responded today with an unprecedented set of comprehensive and coordinated actions,” Obama said, in the spotlight on his first overseas trip as president. “Faced with similar global economic challenges in the past, the world was slow to act, and people paid an enormous price. . . . Today, we have learned the lessons of history.”
For some reason, the bulk of the reporting on the G-20 conference outcome is limited to describing how wonderful everyone feels about the loose agreements, and how industrious they all were to come to terms with one another. Very little press has been devoted to the actual agreements. The media seem to be under the collective impression that the most important aspect of these meetings is the conduct of the diplomacy. They could not be more wrong:
FINANCIAL market “cowboys” who wreaked havoc on the world economy will be brought undone by the G20 agreement, Prime Minister Kevin Rudd says.
Mr Rudd says the $US1 trillion ($A1.4 trillion) deal agreed on at the G20 summit in London, will benefit “tradies”, young people and small business with real commitments against real timelines.
“Today’s agreement begins to crack down on the sort of cowboys in global financial markets that have brought global markets undone with real impacts for jobs everywhere,” Mr Rudd told reporters at the conclusion of the summit overnight.
The summit has agreed to a restructure of the financial regulatory system, reform of and a trebling of funding for the International Monetary Fund (IMF) to $US750 billion ($A1.08 trillion), an extension until the end of next year of a ban on nations introducing trade protection measures, a curb of excessive executive payouts and agreement to co-ordinate further economic stimulus.
Make no mistake. What the G-20 leaders (as stated by PM Rudd above) are saying to world is that none of this would have happened if they had been in charge. “Financial market cowboys” (meaning US and UK bankers), the faces of capitalism, are entirely to blame for the woes of the world. If only there had been more government involvement, according to this theory, then the financial crisis would have been averted or severely curtailed. Accordingly, the G-20 have decided that the way to fix this mass is to assert greater control over the world economy. The immediate targets of this new world order? Tax havens of course:
Switzerland, Singapore, the Cayman Islands, Monaco, Luxembourg and Hong Kong are among 45 territories blacklisted on Thursday by the Organisation for Economic Co-operation and Development and now threatened with punitive financial retaliation for their banking secrecy.
Among the sanctions being considered by the G20 are the scrapping of tax treaty arrangements, imposing additional taxes on companies that operate in non-compliant countries, and tougher disclosure requirements for individuals and businesses that use shelters.
Illegal tax evasion through offshore shelters has been a long-standing irritation for Gordon Brown, President Barack Obama and French President Nicolas Sarkozy. An estimated $7 trillion of assets are held offshore and, according to pressure group Tax Justice Network, developed countries lose $180bn a year in evaded taxes.
Under the OECD definition, countries will be considered non-compliant if they have less than 12 bi-lateral agreements to exchange tax information with foreign governments on request. “Authorities should have access to the information to effectively crack down on tax evasion,” Andrew Watt, director at law firm Alvarez & Marsal Taxand, said.
Jeffrey Owens, director of the OECD’s centre for tax policy said: “This is the major breakthrough we have been trying to get for 13 years. If you intend to evade tax through offshore bases, you will think hard about it now you know tax authorities can trace you.”
Mr Sarkozy added: “Sixty percent of hedge funds are registered in tax havens. Putting hedge funds under supervision isn’t going to generate jobs in the textile industry. But we have to put behind us the madness of this time of total deregulation.”
The reactions of Owens and Sarkozy are like being annoyingly puzzled at why the whipping boy continues to move, seeking to avoid the lash.
Clearly the aim here is not at fixing anything other than the ability of wealthy nations to collect taxes. Small countries typically designated as “tax havens” tend to have one thing in common: they have no other means of competing in the world market place other than in the area of business taxation. If the economies of these countries were all dependent upon growing and selling corn, then the G-20 actions would be met with a much different response. Instead, companies that wish to minimize their tax burden, so that they may instead fund R&D, expand (create jobs), or re-invest, are treated as outlaws, unworthy of little more than scorn. And the small countries that have been willing to host these companies as a means of boosting their own economies, are labeled pariahs to be sanctioned by the wealthiest nations in the world. The message: “Don’t muscle in on our territory. That’s our tax money and we’re here to collect.”
In addition to punishing tax havens, the G-20 decided that the favorite whipping boys of statists needed to be better restrained so as to prevent their squirming:
Leaders agreed to craft tighter controls over hedge funds and establish more rigorous regulations to prevent the buildup of toxic assets that poisoned the U.S. financial system in and spread overseas.
The leaders agreed to set benchmarks for executive pay and make accounting standards more uniform across borders. Most would be drafted by a new Financial Stability Board, where central bankers, regulators and finance ministers from the more than 20 nations represented at the summit will eventually hash out the details.
Credit agencies — whose top-notch ratings of instruments linked to bad U.S. subprime mortgages gave false indications of their relatively safety — would be subjected to new oversight and regulations. But there was no call for a global regulator that could overrule decisions made by individual countries.
While I’m glad to see the ratings agencies (whom have inexplicably been absent from public criticism and ire) taking their turn at the post, everyone should be dismayed at what these sorts of agreements portend. The collective effort to rein in “cowboy capitalism” is little more than a barely disguised effort to place the European bit in the mouth of American (and, to a lesser extent, British) mouth. Business decisions are no longer to be made in the interests of the shareholders, but in favor of “public good.” What constitutes the “public good” will be determined by the special interests who exact the most influence upon, and best line the pockets of, the political forces in charge. In short, consumers no longer rule the market place; bureaucrats do.
As with all movements based on collective will, such as that which the G-20 has furthered, an unfettered free market is featured as the main culprit. America is widely considered to be an economic jungle where the capitalist beast roams freely, devouring the innocent and maiming cautious outsiders. Ironically, Leviathan himself has identified capitalism as an unrestrained beast in need of controlling. Yet, we have nothing like an uncontrolled free market here. It only appears that way because the remainder of the world has cloaked their industries in thick blankets of protectionism and shackled their businesses with an alarming array of bureaucratic chains. Comparatively, America does look like a free market jungle.
But therein lies the problem. As the Washington Post stated it:
Along with declarations of optimism came the recognition of at least a temporary shift in attitude away from two decades of intense reliance on free trade, deregulation and market-knows-best policies that fueled stunning growth across the planet.
Brown — the leader of a country closely associated with that philosophy — declared “the Washington Consensus” over, using a term that recognizes the American roots of an economic system seen by many in the world as unfair and unhealthy.
As far from a pure free market as we are, it is our relative distance from the nanny-statism of Europe and beyond that props up the economies of the world. That stunning growth was made possible precisely because of what the rest of the world refers to as “cowboy capitalism” and they were all happy to join in the ride. But now that woe times betide us, thanks primarily to government meddling (e.g. CRA, Fannie Mae, Freddie Mac, Fed policy, etc.), the world is ready to chop down the last pillar of capitalism, and assert government control over everything. With that final support gone, the capitalist beast will be brought to heel, confined to the zoo where it will live its remaining days as little more than a novelty. Unfortunately, it will take its wealth producing powers with it.
A couple of paragraphs from a story about Obama and Russia’s Medvedev which seem pretty telling to me:
Russia’s Dmitry Medvedev hailed Barack Obama as “my new comrade” Thursday after their first face-to-face talks, saying the US president “can listen” — even if little progress was made on substance.
The Russian president contrasted Obama as “totally different” to his predecessor George W. Bush, whom he blamed for the “mistake” of US missile shield plans fiercely opposed by Moscow.
Of course many on the right are making a big, if sarcastic, deal about Medvedev calling Obama “comrade”. To many that seems more than appropriate. However, there’s a lot of diplospeak in this which seems key.
First, although not much of substance was accomplished, note the Medvedev says that unlike Bush, Obama “can listen”. In diplospeak, that means he thinks he can roll Obama, while Bush, not so much.
Note too that it appears that Obama has caved on the missile defense. In his desire to reduce nuclear stockpiles, he’s given up something which our allies such as Poland and the Czech Republic were keen for in order to see warheads dropped from 2,200 to 1,500. That’s a laughably cheap price for Russia to pay to kill the missile defense they opposed so adamantly.
Yup, after a capitulation like that, I’d be clapping Obama on the back and hailing him as my comrade too, if I were Medvedev.
Russia sent a strong warning to the United States Thursday about supporting Georgia in the U.S. ally’s efforts to rebuild its military following last year’s war.
The Foreign Ministry said helping arm Georgia would be “extremely dangerous” and would amount to “nothing but the encouragement of the aggressor.”
Nope, apparently Obama just listened. That’s a comrade any Russian could love.
A federal judge ruled on Thursday that prisoners in the war on terror can use U.S. civilian courts to challenge their detention at a military air base in Afghanistan.
U.S. District Judge John Bates turned down the United States’ motion to deny the right to three foreign detainees at Bagram Airfield in Afghanistan.
The U.S. Supreme Court ruled last year that detainees at Guantanamo Bay, Cuba, have the right to challenge their detention in court. But the government had argued that it did not apply to those in Afghanistan.
Bates said the cases were essentially the same and he quoted the Supreme Court ruling repeatedly in his judgment and applied the test created by it to each detainee. It is the first time a federal judge has applied the ruling to detainees in Afghanistan.
Similarly, extending habeas corpus rights to prisoners detained on the battlefield is an exercise in futility. Of course, that ship sailed with the ruling in Boumediene v. Bush. I’m not sure what argument the government could make that any prisoners under the control of the U.S., regardless of where they are being held, are not entitled to some sort of habeas proceeding. And since the very procedures deemed constitutionally valid by the Supreme Court in Hamdi were struck down as inadequate in Boumediene, I don’t know what options are actually left to the Obama administration other than the unsavory prospect of field executions.
Barring a contrary ruling from the Supreme Court, I think this most recent case proves the point.
But, Ed Morrissey seems to think the Bates’ decision does much more. Where he (reasonably) finds that the foregoing is an unconstitutional interjection of the judiciary into matters delegated to the Executive, Ed also seems to think that Bates’ order violates the Geneva Conventions (his bolding applied):
Not only does this violate the separation of powers in the Constitution, it actually violates the Geneva Convention. Article 84 states clearly that prisoners of any stripe shall not get tried in civil courts:
A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.
We do not try our military personnel in civil court for offenses committed in the service. Therefore, we do not have the right to try prisoners in our civil courts, either.
There are a few problems with that conclusion:
(1) The detainees are not being tried. They’re challenging their detention. Another way of putting it is that they’re the plaintiffs in such an action (habeas hearing) as opposed to the defendants (as in a trial).
(2) Civilian courts may be used under the GC where the crimes/offenses alleged are already illegal (i.e. no a bill attainder or ex post facto law) and the court procedures provide the minimum guarantees set forth in the GC (this is spelled out in the rest of Ed’s Article 84 excerpt starting with “unless”).
(3) The Boumediene decision pretty much made this ruling necessary since the SCOTUS designated anywhere under U.S. control as being “U.S. territory”, with a few exceptions. An active battlefield is one of them IIRC and the judge may have decided that Bagram AFB doesn’t qualify.
In fact, on that last point, Judge Bates specifically noted that:
… non-Afghan detainees captured outside the country and moved to Bagram for a lengthy detention should have access to the courts to prevent the United States from being able to “move detainees physically beyond the reach of the Constitution and detain them indefinitely.”
As Boumediene is written, I think Bates got it exactly right. I do think that the entire line of reasoning and case law is incorrect from both a policy and constitutional basis, but Judge Bates is required to follow Supreme Court precedent. That his ruling serves as a perfect example how reductio absurdum can happen in real life doesn’t make him wrong.
Furthermore, I don’t see how allowing detainees to challenge their detention could possibly violate the Geneva Conventions. Again, that does not mean detainees should be afforded such rights, just that such a grant does not in any way run counter to either the letter or spirit of those treaties.
Good to know that the American press is so ready and capable of holding our elected officials accountable in these trying times:
0952 Jeff McCallister from Time magazine tells the BBC: [Obama’s] a rock star, he has a gorgeous wife, he is charismatic, young and vital. It’s echoes of the Kennedys in early 1961. It’s hard for me to imagine even if he doesn’t fix the world economy in a day that this is going to go badly for him in political terms in the US or elsewhere.
Just imagine what he would have said if Time magazine were a biased publication!
China has stated it won’t be left holding the financial bag in order to cut greenhouse gas emissions. Calling itself a “poorer” nation, China wants the 7 most developed countries to spend 1% of GDP on helping them and others.
China raised the price of its co-operation in the world’s climate change talks yesterday by calling for developed countries to spend 1 per cent of their domestic product helping poorer nations cut greenhouse gas emissions.
The funding – amounting to more than $300bn (£190bn, €240bn) based on Group of Seven countries – would be spent largely on the transfer of “green” technologies, such as renewable energy, to poorer countries.
Gao Guangsheng, head of the climate change office at the National Reform and Development Commission, the Chinese government’s main planning body, said that even such large funds “might not be enough”.
China’s toughened stance comes weeks ahead of United Nations talks in Poland aimed at forging a successor to the Kyoto protocol, whose main provisions expire in 2012.
China also suggests that to this point, emissions reduction has been mostly talk:
“Climate change policies need a lot of money to be invested, however developed countries have not made any substantive promises about how much they are going to spend on,” said Mr Gao. “And they did not fulfil some of the promises they made in the past very well either.”
Of course a number of reasons relate to why those previous promises haven’t been fulfilled. Most of them relate to economics and the realization that their promises are potentially crippling to their economies. That’s effecting the G20 meeting as we speak:
Fears are mounting that environmental issues could be almost entirely sidelined at tomorrow’s G20 summit in London as leaders of the world’s largest economies resist calls to make clear green commitments as part of the meeting’s closing communiqué.
According to Guardian reports, UK officials are leading a last-ditch effort to have clear environmental commitments incorporated into the global economic recovery package that will back up politicians’ repeated calls for a ” green new deal”.
Gordon Brown has said that the inclusion of a commitment on the environment would be one of the tests of the summit’s success, but he admitted that the negotiations were likely to be tough.
The draft version of the communiqué leaked at the weekend made only a passing reference to climate change and it is thought some nations are resisting more detailed commitments to dedicate a proportion of the global stimulus package to green projects that they fear could provide an excuse for protectionist measures.
There is also reluctance to incorporate climate change commitments that could be seen to step on the toes of the UN’s climate change negotiations, which are continuing this week at a separate conference in Bonn, Germany.
This, of course, is good news. Why?
“Everybody seems to be focusing on short-term recovery and getting long-term regulation of the banks right,” he said. “I haven’t heard anything that suggests green recovery and climate change are a major part of the [G20] agenda.”
That’s because that is the priority – not that anyone should expect the G20 to get any of financial part of it right either. However, the priority does keep them from making commitments that would cripple economic growth. And they, of course, know that – which is why they’re avoiding it and spinning it as a desire not to “step on the toes of the UN’s climate change negotiations”.
But back to China – you’ll enjoy this. It is called “having your cake and eating it too”:
[China’s climate ambassador Yu Qingtai]… said that China was willing to make a “due contribution” to curbing emissions, but warned that the country would not see its citizens “left in the dark” as a result of binding emission targets and was within its rights to continue to invest in coal power that allows its economy to grow.
Gotta love the Chinese – they make some of our spin merchants seem like rookies. China will decide what its “due contribution” will be while it builds thousands of coal fired plants. In the meantime, per China, it is up to the rest of the world to do what is necessary to curb emissions because, you know, the poorer nations just aren’t up to it. Su Wei, Chinese delegation chief to the UN climate change talks in Bonn:
Su said the success of the Copenhagen summit lies in whether or not the developed countries would make “substantial arrangements” for transferring climate-friendly technologies to and providing funds for developing countries.
Su noted the establishment of three international “mechanisms” is very important among the “substantial arrangements.”
“The first is to set up an international mechanism on climate-friendly technology development and transfer, to eliminate barriers hindering technology transfer, so that developing countries can get access to such technologies,” he said.
“Secondly, we should set up an effective financing mechanism to ensure the developed countries provide adequate funds for developing countries in their bid to cut emissions and fight climate change,” he added.
Thirdly, Su said an “effective supervision mechanism” should beset up to monitor the above-mentioned technology transfer and funding.
Nice. Known as the “you pay, we take” program, this pretty much excuses China (and the rest of the poorer BRIC nations) from doing much of anything. As long as China is convinced that a) enough technology hasn’t been transfered, or b) there hasn’t been enough “effective financing” of the effort, it can c) exempt itself from any cuts while insisting the rest of the developed world stick by its commitments.
Now that is how a master loots your wallet.