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      Justice in the US Is an Art Form

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      On any given day, US media will offer an abundance of reports on the sometimes strange workings of its justice system. This first week of January has proved to be rich in examples, with the high-profile cases of Ghislaine Maxwell and Elizabeth Holmes complemented by a host of stories about smaller cases over the antics of local judges or the ambiguity of legislation in particular states.

      The ultimate effect of these stories may appear to justify the remark made by Mr. Bumble, in Charles Dickens’ “Oliver Twist,” who cited the proverbial phrase, “the law is an ass.” Dickens painted Bumble as an appalling hypocrite and the hapless husband of a tyrannical wife. When told that “the law supposes that your wife acts under your direction,” Bumble correctly identifies the gap between the principles expressed in the law and reality. Reacting to the supposed “suppositions” of the law, Bumble wishes “that his eye may be opened by experience — by experience.”

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      In this comic passage, Dickens identified one of the central problems of any system of law, the friction created when suppositions concerning human behavior meet the facts of actual human experience. In most people’s minds, the notion of equality before the law requires that the letter of the law be applied uniformly to everyone, regardless of circumstance. But justice requires two things not contained in the law. Application of the law should take into account variable circumstances. But it should also mobilize the human ability to treat language — the wording of the law — as the not quite reliable artifact all language tends to be. The latter seems to represent a formidable challenge.

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      A New York Times article with the title, “Language Mistake in Georgia Death Penalty Law Creates a Daunting Hurdle” exposes how the careless wording of a Georgia law has inverted its intended logic. At one point it quotes a pearl of wisdom from 2013 uttered by future Supreme Court Justice Brett Kavanaugh. “It is essential,” Kavanaugh opined, “that we follow both the words and the music of Supreme Court opinions.”

      Today’s Daily Devil’s Dictionary definition:

      Music:

      1. A sublime art form practiced in all human cultures that derives from the ability to modulate the pitch, rhythm and sympathetic resonance of sounds produced by both the human voice and the skillful manipulation of a wide variety of physical objects

      2. A useful metaphor that consists of using the art form’s absence of propositional content to make irresponsible assertions sound as if they reflect deep and serious reasoning

      Contextual Note

      Perhaps Kavanaugh imagines the US criminal justice system as something akin to the pre-Copernican universe in which the sun was believed to revolve around the Earth and where, at the summit of the heavens, one could hear the celestial music of the spheres. That is a far cry from the more accurate description of the law’s workings by Mr. Bumble, who wished the law might descend from its principled heights and open its eyes to deal with human experience.

      The verdict in the trial of Theranos founder Elizabeth Holmes confirmed the spectacular fall of a one-time darling of the techno-financial-political establishment and youthful billionaire. It also illustrates that while Kavanaugh’s imaginary legal music didn’t play much of a role in determining the verdict, a certain form of cultural mythology figured prominently.

      Under the headline, “EXCLUSIVE: Juror speaks out after convicting Elizabeth Holmes,” ABC News reports on how the jury’s deliberation reached a verdict that ended up blaming Holmes for bilking the millionaires and billionaires who invested in her company but found her innocent of conning a gullible public into purchasing a fraudulent product.

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      One of the jurors, Wayne Kaatz, described by ABC News as “a daytime Emmy-award-winning TV writer,” observed a phenomenon that any author of fiction and media professional would be expected to notice. “It’s tough,” Kaatz explained, “to convict somebody, especially somebody so likable, with such a positive dream.” He insisted that the jury “respected Elizabeth’s belief in her technology, in her dream.” He added that in their mind, Holmes “still believes in it, and we still believe she believes in it.” In US culture, believing in a “positive dream” is in itself an act of moral virtue. Believing in those whom you believe is nearly as good.

      Historical Note

      The idea of the American dream was first promoted by the businessman and historian James Truslow Adams. In his best-selling 1931 book “Epic of America,” he described it as the “dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.” Later commentators, according to music historian Nicholas Tawa, “would claim that the American Dream was mostly the quest for financial betterment and the accumulation of bigger and better material goods.” Truslow launched the phrase describing his “positive dream” just about the time Edward Bernays, the godfather of public relations, was consolidating the ideology that would underpin the growth of the consumer society in subsequent decades.

      Martin Luther King cleverly exploited the idea of the American dream in his famous “I have a dream” speech. Instead of putting it in a consumerist framework, Reverend King framed the black American’s dream in terms of future justice. The justice-inspired dream has consistently challenged Truslow’s consumerist version aggressively promoted by Bernays and the powerful agencies of Madison Avenue.

      In other words, even within the US justice system, it isn’t King’s dream of justice but Truslow’s consumerist model that dominates, unconsciously orientating the average American’s perception of the world. The vaunted personal belief in one’s money-making dream (and scheme) typically contains some wildly positive outcome for the world.

      In the case of Elizabeth Holmes, what the jury called a “positive dream” was the promise of an instantaneous deciphering of every citizen’s state of health thanks to a drop of blood produced with a pinprick. For the incomparably successful Elon Musk, it’s the return of the planet to ecological health thanks to expensive electric cars. Or, alternatively, the colonization of Mars when the emerging truth about the failure of electric cars to save the Earth offers humanity no other choice than to escape to another planet.

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      These generously optimistic beliefs held by brave entrepreneurs (funded by equally brave billionaires) may be seen to justify lying and other forms of skulduggery. After all, if you have a great idea and don’t accept to play hardball by aggressively promoting the dream you are intent on turning into reality, you will fail and return to the dustheap from which you came: the cohort of anonymous losers. The jury admired Holmes for trying, even though the effort required some serious lying to a gullible public. 

      In contrast, the jury had no trouble finding Holmes guilty of the much more serious crime of pulling the wool over the eyes of America’s nobility, the wealthy elite who agreed to back her dream with their cash. In a guest article for The New York Times, Vanity Fair’s Bethany McLean admits to hoping that justice would be served with the opposite verdict. She wanted Holmes “convicted on the charges of lying to patients but found not guilty of the charges that she defrauded investors.” McLean believes that they “should have done the homework that others who refused to give Theranos money did.”

      The A-list investors and political celebrities who backed Holmes’ dream had the means to do due diligence but, charmed by the music of the dream, didn’t bother. Worse, the confidence projected by such prestigious investors — including former Education Secretary Betsy DeVos, Henry Kissinger, Oracle’s Larry Ellison, James Mattis (Donald Trump’s future defense secretary), Rupert Murdoch and the Walton family — gave added credibility to the lies Theranos’ patients were subjected to.

      Holmes is now awaiting sentencing. She will probably serve significant time in prison, though that may be attenuated and her time in prison reduced thanks to the kind of prevailing sympathy that exists for those who believe in their dream (especially young white females). That sympathy may have been a factor in the lenient sentence given to sex-trafficker Jeffrey Epstein in 2008, though no jury was involved. Perhaps that’s just one feature of the music of the law that Justice Kavanaugh believes to be real, always ready to produce its seductive strains, at least in those moments when it isn’t braying like an ass.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      For Vladimir Putin, Survival Is All That Matters

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      In a recent article on Fair Observer titled, “Making Sense of Vladimir Putin’s Long Game,” Atul Singh and Glenn Carle make the case that Russia’s president has an overarching plan to bring back the tsarist empire. They contend that Putin has thought deeply about strategy and tactics and is influenced by Russian history, philosophy and the Orthodox Church in devising his actions. They assert that Putin’s dream is to restore modern-day Russia to its historic greatness and global power.

      Making Sense of Vladimir Putin’s Long Game

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      The authors imply that the same impulses motivate the Russian people, and that the president is leading a popular movement. Nothing could be further from the truth. Putin is an opportunist, a kleptomaniac, a thug and a mafia boss. If he were leading a popular movement, he would allow free elections. But he does not, preferring killing, poisoning and imprisoning anyone who dares to stand against him. Vladimir Putin is motivated only by survival.

      Restoring Greatness

      The current crisis revolves around Ukraine, which Putin contends is not only an integral part of Russia but more resonantly the site of the original Kingdom of Rus and the wellspring of the Russian peoples. Incidentally, the word “Rus” is cognate with “rower” and most likely refers to the Vikings who came to the region from present-day Sweden in long boats. In 882, Kyiv was taken by Prince Oleg who established the first Rus dynasty.

      This conquest is embedded in Russian consciousness, and many Russians consider Kyiv and the surrounding lands as an essential part of the motherland. However, over a long and complicated history, Ukraine has had many different rulers. For generations, Ukraine and Russia have had separate identities, and even Joseph Stalin, at the end of World War II, insisted that Ukraine was independent and should be granted separate membership with a vote at the UN. Most Ukrainians have always longed for independence from Moscow’s rule.

      A stronger influence on Putin’s and many Russians’ thinking is the humiliation wrought by the Germans in 1917 with the enforcement of the Brest Litovsk Treaty. In 1917, Vladimir Lenin was determined to get Russia out of the Great War at any price. The Germans exacted crushing terms and took the Baltic states, Ukraine and Belarus from Russia. It was a disaster.

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      Fast forward to 2022, and the borders of that treaty are almost identical to the current borders of NATO, plus Ukraine and Belarus. If Ukraine were to join NATO (or the EU), then from Putin’s point of view, Moscow would be back at its lowest point of the past 200 years and, worse, Germany would have prevailed after all.

      With the collapse of the Soviet Union still actively haunting the Kremlin’s collective consciousness — President Putin called it the “greatest geopolitical catastrophe of the century” — many Russians have sympathy for the contention that the West has taken unfair advantage of Russia’s weakness and betrayed alleged promises made to Mikhail Gorbachev at the end of the Cold War regarding NATO’s eastward expansion. Putin is naturally determined that the final act — Ukraine’s absorption into the West — does not happen on his watch.

      What is more, he thinks he has identified an emotional, nationalistic issue which he can use to divert the Russian population from his failures. But Russia is, in fact, on the back foot, trying to avoid another humiliation, not restoring its greatness.

      Weakness and Decline

      Looking south, Russia has lost many of the territories it gained during the wars with Turkey and Iran in the 19th century. Armenia and Azerbaijan have not joined NATO, but Georgia would like to. Here too, Putin is trying to fend off more humiliation.

      Moving east, the Taliban victory in Afghanistan is another disaster for the Kremlin. One of the main reasons, or the least bad option at the time, for the Soviet invasion of Afghanistan in 1979 was to halt the rise of militant Islam that threatened to infect the Muslim states of the USSR, principally Uzbekistan, Tajikistan and Kyrgyzstan. You can bet Moscow is worried sick about the effect on its near abroad and the possibility of the Chechens, Dagestanis and Tartars rising up again with Taliban support. 

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      Even farther east, Putin is on dangerous ground. Just over 8 million live in the Far East Federal District, which, at nearly 7 million square kilometers, makes up over 40% of Russia’s territory. The regional capital Vladivostok sits on land taken from China in 1860 and is regarded by Beijing as one of the lost territories, along with Hong Kong, Macau and Taiwan. Migration from China into the region has been an issue for decades, prompting nationalist nightmares of a Chinese takeover.

      Putin may be cozying up to China, but from a position of weakness. Russia cannot cope with a hostile Beijing that may eventually want to recover territory, or more. Putin may be pursuing friendship and alliances with China but he is dancing to Xi Jinping’s tune.

      Vladimir Putin’s failures have led Russia into economic and national decline. The population is shrinking and is projected to drop to 135 million in 2050 from today’s 146 million. Russia’s GDP is about $1.7 trillion, lower than Italy’s and minuscule compared to the US at over $20 trillion. The economy is wholly dependent on oil and gas exports in a decarbonizing world. Moreover, it is laden with punitive sanctions. There is not one single Russian company that has any sort of global presence to rival the likes of Coca-Cola, Apple, Facebook, Amazon, Volkswagen, Samsung or Rolls Royce.

      Still Dangerous

      Much is made of the bungled reform of the Russian economy after the fall of the USSR, but Putin has now been in power for over 20 years and has done nothing — in fact, worse than nothing — to rectify matters. Instead, he has enriched himself and his henchmen enormously. Putin is now one of the richest men in the world, with critics estimating a fortune of some $200 billion. Meanwhile, GDP per capita in Russia is a little over $10,000 per annum, ranked 81st in the world by the World Bank, below China.

      Putin has one overriding motivation — to stay in power. His crimes are so enormous that he fears terrible retribution should he ever lose his grip. Like all totalitarian dictators, he knows that he can only be replaced by whoever kills him.

      Putin has to play a skillful hand. He is diverting attention to overseas adventures and playing on Russian emotions. Moscow cannot possibly hope to win a conventional war, being massively outgunned by the West. Even the UK outspends Russia on defense, and Russia’s $48 billion military budget is puny compared to the $768 billion allocated by Washington.

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      But Putin is still dangerous; he plays dirty and asymmetrically, using cyberattacks, election interference, irregular forces and acts of terrorism. Even a dismembered and impoverished state can wreak havoc. Iraq’s invasion of Kuwait and Iran’s missile attacks on Saudi oil facilities are recent examples.

      Russia is in a weakened state and becoming ever weaker. There is no grand plan for the restoration of imperial greatness or even the USSR. The game is survival and Putin’s own skin — and fortune. The West can play this game too. We have long experience of dealing with bullies, megalomaniacs and totalitarians. China too is watching carefully, and President Xi knows where his advantage lies.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The Role of Animals in National Socialist Propaganda

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      Circulating on Telegram channels lately has been a 12-second video of a Chihuahua puppy snuggling up to a tiny, chirping chick, eventually resting its head upon the chick and falling asleep. The caption reads, “Love Animals, Hate Antifa.” If such a politicized caption to an innocuous video proves a surprise to readers, the purveyor of the content will come as a shock: WAP1488, an unabashed neo-Nazi community with more than 1,000 subscribers.

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      This is just one of a score of videos with the “Love Animals, Hate Antifa” label circulating in recent months, and one small part of an even larger phenomenon of national socialists using animals to promote their message. Defying the more commonly-identified brutal aesthetic, certain national socialist circles have jumped on a bandwagon elsewhere used on dating profiles and in advertising: gain appeal by featuring animals.

      From Telegram to Reddit

      WAP1488 serves as one of the most unadulterated manifestations of this attempt to wed animal rights and national socialism. The name of the organization alone signals its ideological disposition — the numbers being a reference to the “14 Words,” a slogan of the white power movement, and to the Nazi salute “Heil Hitler” (“H” being the eighth letter in the Roman alphabet).

      “There was widespread support for animal welfare in Nazi Germany among the country’s leadership,” the group’s pinned post reads. “Adolf Hitler and his top officials took a variety of measures to ensure animals were protected.” What follows is a list of the various conservationist and anti-hunting efforts by the likes of Heinrich Himmler, Joseph Goebbels and Hermann Goring, men more widely known for their role in orchestrating World War II and the Holocaust.

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      The post goes so far as to observe that “Nazi Propaganda Minister Joseph Goebbels described Hitler as a vegetarian whose hatred of the Jewish and Christian religions in large part stemmed from the ethical distinction these faiths drew between the value of humans and the value of other animals,” a statement followed by an observation that “Hitler planned to ban slaughterhouses in the German Reich following the conclusion of World War II.” This last comment is perhaps most jarring to mainstream audiences, given the morbid irony of Hitler’s use of slaughterhouses in the form of concentration and extermination camps that killed millions of Jewish people, individuals with disabilities, sexual minorities, Romani, intellectuals and political opponents.

      Beyond these written arguments articulating Nazi care for animals are scores of photographs and videos of Nazis with animals. Not only is there an array of images of Nazi soldiers playing or relaxing with German Shepherds and cats, but also dozens of images of Hitler posing with dogs, rabbits and fawns. At times, the images do not feature humans at all, and yet they still publicize this line of reason, typically through tea-cup-sized animals perched among Nazi uniform.

      This is not just a strategy of WAP1488, though. It is a tactic used by many supporters of national socialism. Telegram channels such as the NSDAP International (almost 10,000 subscribers), the NSDAP (more than 5,000 subscribers) and the nSDAP International (almost 2,500 subscribers) now all fairly prominently feature animal-centric images and rhetoric.

      Meanwhile, on Reddit, several subreddits discussing national socialism post both official Nazi propaganda of animals and unofficial Nazi-animal content. Perhaps exemplary of this is one private subredding called r/awwschwitz, which describes itself as a subreddit “for pictures of adorable or cute things that one would not normally associated with positive emotions,” and which an observer characterized as a dispenser of “all your cutesy Hitler needs.”

      More than just cute photos and references to Hitler’s alleged vegetarianism, a common refrain among neo-Nazis across various platforms is one claiming that the current German animal welfare legislation is the descendant of Nazi policy. In fact, contemporary national socialists depict Nazis as being trailblazers of animal rights and preservation of the natural world. The obscuring of these “facts” are then denounced as attempts by biased media to unjustly vilify Nazism and all its devotees.

      The Nazi Regime

      Universal cuteness of fuzzy baby animals aside, it appears that there exists a propagandistic through-line between the arguments of Nazis then and certain national socialists now. Current national socialists rely heavily upon the plethora of staged animal-Nazi propaganda produced and initially disseminated in and by the Third Reich itself. Scholars such as Norbert Bromberg and Verna Small, Arnold Arluke and Boria Sax and Jan Mohnhaupt have described high-ranking Nazis as demonstrating a public interest in animal welfare due to some mixture of personal affection for animals and political messaging.

      To the latter point, it is clear that many of these images were staged rather than natural displays of affection, as signaled by the unnatural poses and contexts of the photographs — soldiers patrolling war-zones bending over to play with cats, Hitler staring off into the distance flanked by a dog standing on hind-legs in the same pose, and kittens curled up in Nazi helmets that dangle from fences. All of these images may simply exist because the regime felt that an articulated interest in animal welfare for the purposes of presenting a compassionate and trustworthy side to the public, but also to normalize their social Darwinist ideas and vilify racial, ethnic and religious others that they strove to paint as cruel toward animals.

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      In the Third Reich, the “other,” and Jewish people in particular, were characterized as brutal toward animals. This was most frequently discussed in relation to alleged cruelty in the kosher butchering process, which Nazi propagandists noted as being evidence of Jews’ “other” status and depicted as ritualistic and sadistic. Meanwhile, Nazi attacks on intellectuals — particularly Jewish ones — also made use of animal welfare issues, claiming that Jewish scientists engaged in the practice of vivisection (operating on live animals for experimental purposes), tormenting their test subjects and fulfilling Jewish bloodlust.

      Curiously, the Nazis also produced a plethora of propaganda that painted these “others,” their enemies, as animals in their own right, the only animals for which the Nazis did not show any care. The Nazis waged a relentless propaganda campaign dehumanizing their opponents, particularly Jewish people. Nazi propaganda depicted Jews as rats, snakes, spiders and other unpopular animals.

      It is significant to note the animals most often chosen: those with multiple appendages, such as spiders and octopuses, to reflect the narrative of Jewish control over society; or dangerous, poisonous or diseased animals. The snake, for instance, harkens back to parallels of the creation story and Satan in the form of a snake, whilst rats carry diseases and spiders fatal venom.

      Today’s National Socialists

      National socialists today rely upon the exact same framing of these issues, though with an expanded pool of racial, ethnic and religious communities to vilify and with one additional purpose. Juxtaposed with other national socialist content, be it animal-Nazi propaganda or otherwise, are images of the “other” as subhuman or as animals, as well as animal cruelty perpetrated by non-white peoples.

      In the latter case, the most commonly used scenarios are Jewish kosher slaughter practices and Kapparot (used by some communities in the lead up to Yom Kippur to cleanse the person of sin through the transference of sins to a chicken, which is then ritually killed in the street); halal slaughter practices by Muslim communities; the killing and consumption of dog meat in China and South Korea (taken as metonyms for all Asian cultures); detusking elephants and other killings of large animals; and vivisections by pharmaceutical companies.

      The examples have been carefully selected, attempting to characterize non-white people as inherently violent, as Kapparot and the Yulin dog meat festival are annual, while the vivisections, religious slaughtering and big game hunting are relatively common practices. National socialists use these moments of violence against animals to make audiences wonder: Would these “others” attempt to mainstream such practices if given the opportunity?

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      Beyond this, though, is an implication of supremacism, with white people displaying the more advanced emotions of empathy and compassion absent in the “uncivilized” communities that commit animal cruelty. The videos and images are incredibly violent — blood spurting, animals squealing and resisting their victimization, and carcasses in disrepair. Aside from being graphic in their own right (as any slaughter video, kosher, halal or otherwise, is want to be), the cruelty in these videos may be said to also encourage audiences to extrapolate — if this is how these communities treat innocent animals, how might they treat white people?

      Using a Different Brush

      Finally, in addition to the obvious attempts to paint the Nazis as less brutal than these other groups through their contrasting approaches to animal welfare, the use of animal content is meant to chip away at mainstream anti-Nazi sentiment. These images clearly seek to generate an implicit connection between viewer and subject, resulting in the humanizing of individuals involved in a regime considered so brutal that it is widely denounced as unequivocally inhumane.

      As social media commenters in these sections — even those professing not to be radicalized but mere observers of said content — have noted, seeing and hearing about Nazis’ care for animals has the effect of chipping away at the whole evil characterization of the Nazis as depicted in mainstream history. According to the logic of neo-Nazi propagandists, if Nazis were not always cruel and instead cared for innocent animals, then the stories about Nazism — and by extension national socialism — are exaggerated; if stories of their cruelty are exaggerated in this regard, then perhaps they are dramatized in other areas as well, such as in relation to the Holocaust. Meanwhile, if Nazis were caring for animals, i.e., the innocent, then it would stand to reason that they vilified communities that were not innocent and instead the bloodthirsty “others” living in Germany. Thus, neo-Nazis use animal welfare concerns to pull at a thread of the metaphorical tapestry of Nazi evil, a thread that they want to tug to the point where it entirely unravels.

      It warrants reiterating that absent from this modern national socialists analysis is any acknowledgment of the unprecedented violence and cruelty of the Nazi regime. No matter how many kittens SS officers held or dogs that Adolf Hitler posed beside, the reality is that the most brutal butchers of life were the German National Socialists themselves. All of the torturous behaviors Nazis projected onto the “other” —  experimenting on and brutally slaughtering living beings — were acts that Nazis committed against other humans.

      Advertisers and people on dating apps use animals in their content to grab attention, appear relatable and induce those positive thoughts that incline the viewer to further consider them. While for different goals, the same is true for national socialists today. Thus, a puppy falling asleep with a chick speaks less to national socialist interests in the cute and more with their hope that, in time, they can draw viewers near and make them dream of a national socialist world.

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      How the Legal Landscape Is Changing for War Crimes

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      War crimes, genocide, torture, forced disappearances, crimes against humanity and other serious violations of international law have been characteristic of conflicts in the Arab world since even before they were codified in law. These crimes still occur in many Arab countries, most notably in Syria and Yemen. Not only do perpetrators often go unpunished, but they also find themselves rewarded and promoted.

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      So, when on November 30, 2021, a court in Frankfurt, Germany, handed down a life sentence to an Iraqi man who joined the Islamic State (IS) group for genocide against the Yazidi minority — the first time a former member of IS had been convicted of genocide and the first verdict for genocide against Yazidis — it was celebrated as a landmark case in the fight for justice and accountability. Taha al-Jumailly was found guilty of genocide, crimes against humanity resulting in death, war crimes, aiding and abetting war crimes, and bodily harm resulting in death.

      “Today, ISIS member Taha AJ was convicted of genocide and sentenced to life in prison. This is the first genocide verdict against an ISIS member. This verdict is a win for survivors of genocide, survivors of sexual violence, & the Yazidi community,” tweeted Nadia Murad, a 2018 Nobel Peace Prize winner and a Yazidi survivor of IS enslavement.

      Universal Jurisdiction

      The trial was also the first in Germany based on the principle of universal jurisdiction addressing crimes under international law committed abroad by a perpetrator who is not a German citizen and was only extradited on the basis of an international arrest warrant. Universal jurisdiction is the principle that some crimes are so serious that states should be allowed to claim jurisdiction over an accused person regardless of where they were committed or any other relation with the prosecuting entity. None of the crimes in the Jumailly case were committed in Germany, and neither the victims nor the suspect were German nationals.

      Embed from Getty Images

      Though universal jurisdiction has been practiced in just a few countries in recent years, it has become an increasingly important tool for achieving accountability and justice for the survivors and victims of international crimes. Hundreds of investigations are ongoing and dozens of convictions have been obtained.

      The blossoming of universal jurisdiction is attributable to several factors, one of which is that the alternative route to prosecuting international crimes through the UN Security Council and the International Criminal Court (ICC) has effectively been closed by geopolitics. The Syrian conflict, for example, has never been appraised by the ICC because Russia backs President Bashar al-Assad.

      The Pursuit of Cases

      In recent years, there has been a greater capacity and willingness on the part of some domestic authorities to pursue cases involving international crimes, at least in certain circumstances. More and more countries have also passed laws allowing them to conduct the kind of landmark prosecution that took place in Frankfurt. More countries are following the Dutch example in setting up specialized units within the police, prosecution and even immigration services dedicated to identifying perpetrators of international crimes and bringing them to trial.

      Another important factor in the power of universal jurisdiction is that victims and their advocates can contribute to investigations and prosecutions, and sometimes even influence the direction they take. In some countries, such as France and Belgium, victims and NGOs can initiate criminal proceedings. Even where this is not possible, victims and their advocates can still drive cases forward in other ways, such as by tracking perpetrators’ movements, sharing information with the authorities and exerting pressure on them to act.

      Dutch authorities have even issued directions for Syrians in the Netherlands on how to file a criminal complaint against other Syrians relating to violations in Syria. In February, after Germany’s top court ruled that war crimes committed abroad can be tried in the country, a court in Koblenz became the first court outside of Syria to rule on state-sponsored torture by the Assad regime when it sentenced a former member of the secret police to four and a half years in prison for being an accomplice to crimes against humanity. Another former Syrian intelligence officer is currently on trial in Germany for overseeing 58 counts of murder and at least 4,000 cases of torture, rape or sexual abuse.

      Many Challenges

      Despite this recent progress, enormous legal, evidentiary and logistical challenges remain before international criminal cases can be brought to trial. Investigating and prosecuting international crimes in domestic courts is not straightforward, especially in a complex conflict such as the Yemen war where crimes have been committed over many years by different actors.

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      Foreign investigators cannot easily gather evidence on the ground, so they have to rely on the cooperation of different parties to the conflict to build cases. UN bodies like the group of eminent experts, international organizations, local NGOs, and organizations such as Airwars assist with investigations.

      Even if evidence linking an individual perpetrator to war crimes can be established, the suspect still has to be apprehended. In some countries practicing universal jurisdiction, those accused of committing war crimes do not need to be within reach of authorities for an investigation to be opened, but they need to be physically brought to court before any trial can take place.

      Though international cooperation can be used to apprehend and extradite international pariahs like IS militants, pirates and slave traders, war criminals who are still serving members of Arab regimes are not about to be handed over. Only when they set foot in a country practicing universal jurisdiction — whether for work, vacation, claiming asylum or for any other reason — can they be arrested immediately, providing they do not benefit from immunity.

      Jumailly’s conviction “sends a clear message,” said Natia Navrouzov, a lawyer and member of the NGO Yazda, which gathers evidence of crimes committed by IS against the Yazidis. “It doesn’t matter where the crimes were committed and it doesn’t matter where the perpetrators are, thanks to the universal jurisdiction, they can’t hide and will still be put on trial.”

      *[This article was originally published by Arab Digest, a partner of Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Has Britain Achieved a Post-Racial Politics?

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      The most closely guarded secrets of the British government are currently being reviewed by Priti Patel, the home secretary, or minister of the interior, as she would be described in most countries. It is her duty to receive the reports of the secret services: MI5, MI6 and GCHQ. Patel has to take those most difficult of decisions: which threats from Britain’s enemies to act on and which to ignore.

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      Rishi Sunak holds the economic future of the country in his hands through his control of the Treasury as chancellor of the exchequer. Kwasi Kwarteng is Sunak’s deputy, as secretary of state for business, energy and industrial strategy. Sajid Javid is in charge of fighting the COVID-19 pandemic.

      Facing them across the House of Commons sits David Lammy, Labour’s shadow foreign secretary. Rosena Allin-Khan is Labour’s minister of mental health, and the woman charged with getting her party from the opposition into government is Shabana Mahmood, Labour’s national campaign coordinator.

      Minority Representation

      These men and women have little in common politically. Some are passionate capitalists, others fervent socialists. But all are members of Britain’s ethnic minorities. Some have family backgrounds in the Indian subcontinent. Others — an admittedly smaller number — can trace their roots to Africa. It is a little commented-upon fact that in Britain today, ethnic minorities are almost numerically represented in Parliament. Some 14% of the British population has an ethnic minority background, and 10% of MPs elected at the last general election in 2019 are black or Asian.

      The key point is not simply the numbers, but rather that they are as likely to be found on in the governing Conservative Party as they are in the opposition Labour Party. Back in 1987, the situation was very different. Four ethnic minority MPs were elected that year: Diane Abbott, Paul Boateng, Bernie Grant and Keith Vaz. All were Labour members.

      Embed from Getty Images

      As the House of Commons Library points out, “Their number has increased at each general election since then — most notably from 2010 onwards … But if the ethnic make-up of the House of Commons reflected that of the UK population, there would be about 93 Members from ethnic minority backgrounds … Of the 65 ethnic minority Members, 41 (63%) are Labour and 22 are Conservatives (34%). There are two Liberal Democrat MPs from an ethnic minority background.” These MPs have not languished in obscurity. They have been promoted to the highest political offices of the land, by both major political parties.

      The policies they would pursue could hardly be more different. Priti Patel has been roundly criticized by Labour for her virulent hostility to unrestricted migration and her determination to crack down on smuggling refugees over the English Channel from France. Her plans for “pushbacks” using the navy to deter migrants have been described as “inhumane, unconscionable and extremely reckless.”

      Patel’s background — her family came to Britain in the 1960s before dictator Idi Amin’s mass expulsion of Asians from Uganda in 1972 — appears to have had little influence on her opinions or policies. Little wonder that she is a favorite of the Conservative right and a potential successor to Boris Johnson as prime minister.

      Zero Tolerance

      The significance of the rise of Britain’s ethnic minorities through the ranks is that neither of the two main parties that dominate the country’s politics can any longer tolerate the kind of overt racism that was once a regular part of British culture. Patel and Allin-Khan may be poles apart politically, but neither would accept policies of the kind that once were espoused by the likes of the Enoch Powell.

      His notorious “Rivers of Blood” speech from 1968, in which he warned against the impact not just of immigration but also of a bill before Parliament designed to fight racism, was widely welcomed. The Conservative right hailed him as a champion, and Labour-supporting London dockers marched to Parliament to show their support.

      Does this imply that racism in Britain is a thing of the past? Emphatically not. But given Britain’s first-past-the-post electoral system, it means that only fringe parties, with little chance of winning seats in Parliament, are likely to take up the issue.

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      Overt racism is still nurtured by a section of British society. The Brexit referendum in 2016 brought out the worst in some communities. The attacks on Poles were particularly disgraceful, given the bravery of their pilots, over 8,000 of whom fought in the critical Battle of Britain over the skies of England during World War II. No fewer than five neo-Nazi groups are banned in the UK, with Patel condemning “evil white supremacist groups, who target vulnerable people across the world.” A third of all terror plots uncovered in Britain emanate from the far right.

      None of this should be ignored. It is not inconceivable that overtly racist politics will rear its head once more in Britain, but neither the Conservative Party nor Labour is likely to support it. Only in extreme circumstances are they likely to flourish. As such, it may be that British politics can today be considered post-racial.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Paranoia and the Perils of Misreading

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      In the summer of 2021, genocide scholar Dirk Moses published an article in the Swiss online journal Geschichte der Gegenwart (History of the Present) titled, “The German Catechism.” He argued that Germany’s sense of its special obligation to Jews after the Holocaust has become a debilitating blockage to thinking through some of the most pressing issues of the present.

      Practice and Practitioners of Holocaust Denial

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      In Moses’ words, the “catechism” consisted of five strands: 1) the Holocaust is unique because it was the unlimited extermination of Europe’s Jews for the sake of extermination, without the pragmatic considerations that characterize other genocides; 2) it was thus a Zivilisationsbruch (civilizational rupture) and the moral foundation of the nation; 3) Germany has a special responsibility to Jews in Germany and a special loyalty to Israel; 4) anti-Semitism is a distinct prejudice and a distinctly German one — it should not be confused with racism; 5) and anti-Zionism is anti-Semitism.

      Leading to Debate

      Moses’ claims, not least his use of the term “catechism” with all of its religious connotations, gave rise to considerable debate in Germany and beyond. (The key texts are now collated on the New Fascism Syllabus website.) Notably, many female scholars, especially women of color, engaged in this debate, which opened a space for a discussion of issues relating to German colonial history, postcolonial approaches to German history and the Holocaust.

      Embed from Getty Images

      But when the discussion took place in the feuilletons of distinguished German-language newspapers, the authors were mainly middle-aged white men. Here, the criticisms, now bound up with the belated German publication of Michael Rothberg’s 2009 book, “Multidirectional Memory,” tended to be more defensive of German memory culture and critical of Moses’ supposed intentions. Left-liberal historians such as Gotz Aly and Dan Diner, who had been instrumental in freeing the federal republic from its self-exculpatory and conservative-nationalist postwar culture, bringing the Holocaust into the center of the national discussion, seemed especially incensed; though this is hardly surprising since these were the very people Moses had in his sights, using an Arendt-inspired tone that seemed designed to enrage.

      The “catechism debate” has revealed some intriguing fault lines in the German politics of memory. Moses’ insistence that the terms of his catechism mean that what began as a progressive movement to make Holocaust memory central to the Berlin republic’s self-understanding has gradually become a conservative shutting down of critical voices who want to address German colonialism and current-day racism has touched a nerve. The responses can be read on the New Fascism Syllabus website, where many fair-minded respondents, such as historian Frank Biess, have attempted to grapple honestly with Moses’ claims and to set out what they think their limits are.

      Yet the debate is significant not just in its own right, but because it has spilled over into the reception of Moses’ new book, “The Problems of Genocide,” a reception that is itself inseparable from the debate over Rothberg’s book, which turned — contrary to Rothberg’s intention to facilitate open discussion — on the extent to which the Holocaust in German memory culture prevents discussion of German (or wider) colonial atrocities or modern-day racism.

      What Does He Say?

      What does Moses argue in his book? The clue lies in the subtitle, “Permanent Security and the Language of Transgression.” By this, he signals that his argument is less about the politics of Holocaust memory — though this features in the book — than the way in which the concept of genocide, contrary to the intentions of many lawyers, historians and political theorists, facilitates rather than hinders atrocities and human rights abuses across the world.

      Critics, especially Holocaust historians, have been quick to condemn what they regard as a conspiracy theory at the heart of the book, namely that Raphael Lemkin, the Polish-Jewish lawyer who coined the term “genocide” and campaigned all his life to have it incorporated into international law, was a Jewish exclusivist who worked with non-Jewish groups in a way that allowed him to get them to take his concept seriously, but who was only concerned with the fate of the Jews under Nazi rule.

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      Moses does indeed set out something like this argument, saying that to “mobilise action about Jews … it made strategic sense to link the fate of Jewish and non-Jewish victims of Nazis under a single conceptual umbrella. This is the task that Lemkin’s genocide concept was designed to perform. Far from unthinkingly eliding the differences between Jewish and non-Jewish victims as supposed by Lemkin’s critics decades later, uniting them was the point of the concept.” His conclusion is that “if anyone is to blame for the problems of genocide, it is Lemkin.” In response, Omer Bartov, exemplifying the critical reading of Moses’ book, claimed in an Einstein Forum debate that Moses was putting forward what sounds like a “Jewish–Zionist plot.”

      Moses’ reading is debatable. Putting it forward requires dismissing Lemkin’s own autobiographical claims that he was moved, as a child, by learning of the Ottoman Empire’s massacres of Armenians and, more importantly, asserting that Lemkin remained a Jewish Zionist-nationalist from the 1920s — an orientation well documented by James Loeffler — through to the wartime and postwar period. But this is a reading that, albeit contestable, is well within the norms of intellectual history.

      Revisionism is what historians do all the time, and there is nothing about Moses’ position that justifies reaching for one’s metaphorical gun. Besides, this is not the heart of the book, which has a far more expansive remit than Lemkin and Holocaust historiography, taking in a remarkable range of references in world history. He has set out his argument plainly and in detail on numerous occasions. (See, for example, his talk with Geoff Eley at the University of Michigan or his interview on the New Books in Genocide Studies website.)

      What Does This Mean?

      It seems that what is happening here exemplifies Moses’ argument that Holocaust studies is riven by paranoia. Why should seeing the Holocaust as exemplifying the “problems of genocide” — understood in Moses’ terms — mean that one is downplaying the Holocaust? The opposite is the case: The Holocaust should tell us something about the destructive potential of modern states, but it has been siloed in a way that reduces the force of its potential critique, permitting “business as usual” in the modern world. Why, to return to old debates in genocide studies, should placing the Holocaust in a comparative context diminish its significance?

      Embed from Getty Images

      If one were to compare the Holocaust with the Boston Tea Party or the Peterloo Massacre, the critics would be justified in objecting. But analyzing it alongside other horrific occurrences, such as the Armenian, Rwandan or Cambodian genocides or cases of genocide in settler-colonial contexts, not only allows one to understand genocide as a generic phenomenon, but it also throws into sharper relief what distinguishes the Holocaust from other genocides — since none are the same. One can be a responsible Holocaust historian and still subscribe to the idea that motivates genocide studies.

      This is a case of fighting the wrong enemy. In the same way that the International Holocaust Remembrance Alliance (IHRA) sometimes seems more concerned about which historians have signed the Jerusalem Declaration on Antisemitism and reinforcing its own singular and narrow definition of anti-Semitism than about combating the radical right, especially as it seeps into mainstream politics in the United States and elsewhere, Moses’ critics have embarked on seeking to have him “canceled” in a kneejerk fear that his critical takedown of the “genocide” concept paves the way to anti-Semitism and Holocaust denial.

      What Dirk Moses is seeking to do is to show how the idea of genocide has had opposite effects to those intended, if not by Raphael Lemkin, then by his followers today. He is hardly proposing a world of anarchy or an opening the floodgates to scholarly anti-Semitism. One does not have to agree with everything that Moses says to accept that this is a serious book. Dismissing it as anti-Semitic is nothing more than paranoia in action.

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Judicial Creativity Makes the News

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      The criminal justice system in the United States may not be the best imaginable model for producing effective crime control. Given the numbers of people incarcerated, neither does it appear to be an effective tool of dissuasion. Its rate of 629 people incarcerated per 100,000 is five times as high as France (119) and seven times higher than Italy (89), the home of Cosa Nostra, ‘Ndrangheta and the Camorra. Only El Salvador begins to approach the US figure (572), an ungovernable, poverty-stricken nation in which criminality has become a way of life for its youth, largely deprived of any other perspectives.

      On the other hand, it has consistently demonstrated its creativity. American legislators at both the state and federal level have always found imaginative ways of improving the performance of a legal system designed to protect and sometimes even reward anyone who can afford an expensive lawyer (or team of lawyers) and crush anyone who cannot, especially if their ethnicity places them in a group reputed to be inclined to criminal activity.

      Yahoo’s Demonstration of How to Lie With Statistics

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      California’s creative legislators were the first to initiate the brilliant idea, subsequently followed by more than 20 other states, of “three strikes and you’re out.” The national sport, baseball, provided them with the perfect model for setting the rules of civil behavior. The law was apparently “crafted to be largely symbolic.” It quickly achieved its purpose of consolidating in the public’s mind the idea of an identifiable, always-to-be-feared criminal class.

      Legislators and jurists invested much of their creative energy in finding acceptable ways to avoid sending people with lavish lifestyles to jail for a broad class of antisocial behavior, corporate crime, despite the fact that it frequently provokes major societal disasters. Senator Mitt Romney and the Supreme Court insisted that we think of corporations as people. But when they commit crimes, even with catastrophic consequences for millions of people’s lives, the courts not only cannot send a corporation to prison, they refrain from being too hard on the people at the top of those corporations who implemented the crimes since, after all, they were just doing their (well-paid) job and serving the economy. The same logic applies to members of the political establishment whose job responsibilities occasionally include committing war crimes across broad swaths of the world in the name of America’s sacrosanct “national security.”

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      Jeffrey Epstein clearly belonged to that same elite. Given the sums of money he controlled, he achieved something akin to a corporate identity. In 2008, he was convicted in a Florida court on an absurdly mild charge that had little to do with the crimes he was known to have committed. Thanks to arrangements that were made with federal prosecutors, he served a simulacrum of incarceration in which for 13 months he was free during the day but condemned to spend his nights in a public jail.

      In 2019, the mounting evidence of his criminality made the decision to arrest him unavoidable. Possibly in consideration of his powerful friends and associates, Epstein had the good sense to commit suicide in his jail cell when nobody was looking. Could there have been some complicity in his noble self-sacrifice? As Bill Gates famously said, “he’s dead, so in general you always have to be careful,” meaning that once he could no longer talk, Epstein’s friends conveniently no longer needed to be so careful.

      Epstein’s demise in jail — whether assisted or self-inflicted — was a new crime scene. The criminals, in this case, were identified as the two black prison guards who were charged with monitoring his cell. Instead, they slept or surfed the web on that fatal night. They falsified their report and, like everyone else in the institution, were totally unconcerned by the fact that the video surveillance system was not working. Being the kind of people they were (black working class), they were duly called to account for their crime.

      Last week, the BBC reports, “US prosecutors have dismissed charges against two prison guards who falsified records the night Jeffrey Epstein killed himself on their watch.” The prosecutors “asked a judge to dismiss their case, saying the pair have complied with a plea deal.”

      Today’s Daily Devil’s Dictionary definition:

      Plea deal:

      A procedure that allows judicial authorities to avoid the literal application of the law and to arrange things in whatever they deem the public interest to be, either in the interest of identifying the true, powerful, higher-level culprits hiding in the wings or in the interest of protecting them.

      Contextual Note

      The case of these two prison guards undoubtedly deserves a bit more reflection than US media seem willing to offer. The briefest attempt at reflection might include the consideration that subjecting the guards to the full force of the law in a trial involve the risk that they might implicate other people, including their own superiors, to prove their innocence.

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      In the imagined case that the two guards were not just neglectful but had received specific instructions not to carry out their normal duties that night, faced with the prospect of prosecution, they would undoubtedly be inclined to reveal in a public courtroom that they were simply following orders. In the equally imagined case that they were offered a chance to live their lives in peace after some sort of agreed settlement, part of the settlement would obviously include the dismissal of any charges against them.

      Instead of entertaining and investigating such hypotheses, the prosecutors issued this statement: “After a thorough investigation and based on the facts of this case and the personal circumstances of the defendants, the Government has determined that the interests of justice will best be served by deferring prosecution.” How, we might ask them, do they define “the interests of justice,” and justice for whom?

      Senator Ben Sasse, a Republican member of the Senate Judiciary Committee, found the procedure suspicious. He called the plea deal “unacceptable” and demanded “a report detailing the prison agency’s failures.” The BBC article subtly expresses its own doubts in the following remark: “It is unclear why the document was not filed until 30 December.” Let the reader wonder about that.

      “As part of a plea deal,” the BBC reports, “the pair agreed to complete 100 hours of community service and co-operate with an investigation by the justice department’s inspector general.” What about the other parts of the deal? And what does cooperating entail? Could it involve agreeing to a law of silence? The reader is still wondering.

      A classic plea deal seeks to implicate people higher up on the criminal ladder. But nothing prevents it from doing just the opposite.

      Historical Note

      Ironically, just this week, Glenn Greenwald exposed a different, equally suspect story of a possible plea deal, this one concerning WikiLeaks founder Julian Assange. Denouncing the control intelligence agencies have achieved over corporate news media, exemplified by the permanent presence of former high-level officials of the CIA and FBI as salaried staff of the networks, Greenwald cites former FBI Assistant Director and MSNBC employee Frank Figliuzzi. He argues that if extradited from the UK, “Assange may be able to help the U.S. government in exchange for more lenient charges or a plea deal. Prosecutions can make for strange bedfellows. A trade that offers a deal to a thief who steals data, in return for him flipping on someone who tried to steal democracy sounds like a deal worth doing.”

      Embed from Getty Images

      This would be a plea deal with purely political ends and no relation to any form or idea of justice. Instead, it relies on the radical injustice of obsessively prosecuting whistleblowers. The enmity between the intelligence agencies and Donald Trump is such that any prospect of legally embarrassing the former president appears worthwhile in the eyes of many people at MSNBC and in the establishment of the Democratic Party.

      Then there’s the case of Ghislaine Maxwell, convicted last week of sex trafficking as Jeffrey Epstein’s partner and accomplice. Many in the media are speculating about the possibility of a reduced sentence if she is willing to name names. The prosecution ” confirmed no plea bargain offers were made or received,” according to Ghislaine’s brother, Ian Maxwell, who expects “that position to be maintained.

      Plea deals clearly offer scope for impressive feats of creativity by those in the judicial system who know how to use them.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      America Is on the Edge of a Critical Precipice

      by

      As we enter a new year, there is every warning you can think of that the Biden presidency, its promise and its transformational potential will come to a crashing end in 2022. When circumstance, willful ignorance and an utter disdain for governmental achievement and good governance conspire together to undermine aspiration, no amount of policy response will win the day. Only passion and anger have any chance at success.

      Will Joe Manchin Remain a Democrat?

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      Into that mix, up steps Joe Manchin, a US senator from West Virginia to put the transformational agenda of the progressive movement in America on life support. Amid the cascade of bad news here, there is also plenty of “democratic” absurdity. In his last reelection in 2018, Manchin won a six-year US Senate seat from West Virginia with a whopping total of 290,510 votes. Joe Biden won the presidency in 2020 with over 81 million votes. So what? In the land of the free, Manchin’s personal agenda, the agenda of the fossil fuel industry and apparently that of a sliver of America trumps that of a president elected by a significant majority of all Americans who voted in the presidential election.

      It is largely the ongoing institutional paralysis of the US Senate that gives Manchin and a handful of other US senators veto power over virtually all legislative initiatives. This paralysis is now so deeply ingrained that the results are almost always foreordained. In America’s two-party system, the Republican Party is presently committed solely to a scorched earth drive to political victory at the cost of even the most basic of policy discussions.

      West Virginia and More

      This is the fertile ground in which corruption and influence peddling thrive. Here again, Manchin steps up to the plate, this time to institutionally piss on the 93% of West Virginia’s children who are eligible to benefit from a child tax credit that is about to expire. Since this should be a huge incentive for him to support the extension of the child tax credit, Manchin’s singular effort to kill the legislation can only be explained by fealty to some special interest that surely doesn’t give a damn about those children.

      Embed from Getty Images

      Moreover, the child tax credit is just one pillar of the transformational safety net legislation that Senator Manchin and those who have likely bought his vote are attempting to bury. Corrupting special interests and their right-wing Republican allies are also hard at work scuttling universal pre-school education, childcare and elder care assistance, increased nutritional security for children, paid family leave, some measure of drug price controls, improved Affordable Care Act access and Medicare and Medicaid benefits, and support for affordable housing alternatives.

      Critically, as well, the proposed transformational social legislation that has already been passed by the US House of Representatives includes a significant (yet modest) effort to meet our national and international commitments to confront climate change. In fact, it may be antipathy toward these latter provisions that has pushed Manchin to abandon the West Virginia children and their families he would like you to think he cares about.

      Much of this should come as no surprise. After all, the legislative process in America is working as it was designed to work, ensuring that corporate interests, corrupt influence peddlers and wealthy Americans are able to bludgeon democratic reform with impunity. Unfortunately, no amount of policy response will win the day tomorrow in the face of the perfidy that is winning today. It will take a street fight to even begin to turn the tide.

      No Other Way Forward

      I do not say this lightly, but I see no other way forward. Adding voting rights, abortion rights, gun control and police reform to the scrapheap of history will make the rout complete. So, all Americans who understand the nation’s peril either seize this moment or they will continue to live in a country rife with inequality, racial and social injustice, gun violence, fundamental inequity and corruption. America will never be better if no one forces it to be better.

      To start, President Biden has to step up and demand that the key elements of the social safety net and climate change legislation be passed now. He must identify a legislative path forward and demand in no uncertain terms that all applicable legislative tools need to be utilized to that end. He must also make it clear that he will go directly to the people as their president to forge the necessary alliances to meet his legislative objectives. Then, every senator and every representative must be required to cast a vote, for or against. There is no choice.

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      If the legislation fails to pass the Congress, then Biden must call the people to the streets. This means that those of us who care on our own behalf or on behalf of others either answer the call or accept an America unworthy of our allegiance. There is no choice.

      Meanwhile, it is way past time to eliminate minority rule in the US Senate, not just for the moment but forever. Understand that there will be no voting rights legislation, no abortion rights bill, no gun control measures and no police reform measures if a Republican Party in the minority in Congress can effectively prevent the majority party and its president from confronting the issues they were elected by the majority to confront. Again, back to Biden and his legislative allies, this time to demand an end to the filibuster to move critical legislation forward. There is no choice.

      Although much attention has been focused on the social safety net, climate legislation and infrastructure funding, critical voting rights legislation must now be moved front and center. Any talk of seizing the moment based on today’s majority will be rendered meaningless if today’s majority cannot vote in tomorrow’s elections.

      Voting

      The vilest forces on America’s political landscape are now laser focused on control of the right to vote at all levels of government and then using that control to ensure electoral outcomes that reflect a narrow right-wing and racist agenda. If successful, this path will enshrine economic, racial and social inequality for generations to come. That pernicious work is well underway and advancing with success.

      In this context, I am hardly the first person to suggest that a democracy that properly encourages a minority voice in its political discourse ceases to be a democracy when that minority is permitted to rule with no corresponding responsibility to govern. This, unfortunately, is the state of play in today’s Congress. It can only change if President Biden and his allies call us to the streets and we respond in numbers unseen before in this nation.

      *[This article was co-published on the author’s blog, Hard Left Turn.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More