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    Lebanon Takes a Step Forward but Risks Still Remain

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    If Biden’s Plan Is Like a ‘New Deal,’ Why Don’t Voters Care?

    RICHMOND, Va. — As Chris Frelke surveyed the Thomas B. Smith Community Center, he conceded that the beige-and-green cinder block structure was not much to look at. But Mr. Frelke, the parks director in Virginia’s capital, spoke with excitement describing the image in his mind’s eye: One day, there would be a pristine new complex capable of providing services from child care to community college classes.That dream complex is not some remote fantasy. The city of Richmond intends to build it in the next few years using $20 million from the American Rescue Plan, President Biden’s trillion-dollar coronavirus-relief law. Richmond will receive a total of $155 million, a cash infusion that its Democratic mayor, Levar Stoney, called “a once-in-a-lifetime sort of investment.”“This is akin to our New Deal,” Mr. Stoney said.Unlike the New Deal, however, this $1.9 trillion federal investment in American communities has barely registered with voters. Rather than a trophy for Mr. Biden and his party, the program has become a case study in how easily voters can overlook even a lavishly funded government initiative delivering benefits close to home.Mr. Biden’s popularity has declined in polls over the past year, and voters are giving him less credit for the country’s economic recovery than his advisers had anticipated. In Virginia, Democrats got shellacked in the 2021 off-year elections amid the country’s halting emergence from the depths of the pandemic.Ambivalence among voters stems partly from the fact that many of the projects being funded are, for now, invisible.At Richmond’s Southside Community Center, slated to balloon in capacity with the help of rescue plan funding, Linda Scott, a 75-year-old pickleball enthusiast, said she had heard nothing of the coming upgrades.“I know that we’re getting lots of money,” said Ms. Scott, a self-described independent who voted for Mr. Biden. “But what we’re doing with it, I’m not sure.”Thirteen months after Mr. Biden signed the emergency package, that money is starting to fuel a wave of investment on city infrastructure, public services and pilot programs unlike any in decades.“You tell them about the American Rescue Plan,” Mr. Biden has said to House members, “and they say, ‘What the hell are you talking about?’”Doug Mills/The New York TimesCity and county leaders are spending confidently, boasting of the generational improvements they are making with the help of Mr. Biden’s legislation.The city of Richmond plans to use $78 million to create four activity centers, overhauling two existing facilities and building two. Rescue plan money will also fund more than $30 million on affordable housing initiatives and smaller amounts on public safety and health.Mr. Stoney allowed that it was not clear how much voters had processed that barrage of spending when the projects were far from completion. In cities like his, the money must make its way through city councils and contract-bidding processes; in some states, the path to deploying funds has been even longer as governors wrangle with conservative legislatures.“I wish we could snap our fingers and say: Oh, there’s a new community center right here today!” Mr. Stoney said.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering, though this year’s map is poised to be surprisingly fairGovernors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.Other initiatives will kick in faster but affect fewer people: In Richmond, the mayor’s office has endorsed a grant of about $350,000 to Daily Planet Health Services, clinics for low-income residents, to expand capacity to care for people without homes.Richmond plans to use more than $30 million from federal rescue plan funds on affordable housing initiatives.Parker Michels-Boyce for The New York TimesDr. Patricia Cook, the organization’s chief medical officer, said the money could be applied quickly: “We’d be able to fill the rooms that day.”Getting voters excited about the American Rescue Plan is a tall order when so many are preoccupied with the price of gasoline and the cost and availability of other basic goods — concerns the emergency-spending bill was not designed to address.A Gallup poll in March found that more Americans said they worried a great deal about inflation than any other issue. Crime and homelessness, both targets of rescue spending, were not far behind.The American Rescue Plan, which also funded direct relief payments to voters and health programs like vaccine distribution, has been criticized by Republicans and some economists for pumping too much money into the economy and probably contributing to inflation.Mr. Stoney said he had encouraged the White House to work with mayors and treat them as the “tip of the spear” in promoting its aid. Many Americans were still in a gloomy mood because of the pandemic, the mayor said, and Democrats had not done a very good job of communicating about the plan.“Not just the president, but it’s difficult even for us sometimes to break through some of the noise that’s out there,” he said.Mayor Levar Stoney of Richmond says that if Democrats don’t find a way to effectively convey their role in the rescue plan to voters, then Republicans would take credit for spending the money.Parker Michels-Boyce for The New York TimesOnce in a LifetimeThe political predicament confronting Mr. Biden and his party was embedded in the structure of the American Rescue Plan. Within the $1.9 trillion law, a $350 billion fund for state and local governments was designed to meet a dire set of circumstances along the lines of the Great Recession: a potentially catastrophic short-term budget shortfall followed by a slow economic recovery.Mr. Biden declared it would help states and municipalities rehire all “those laid-off police officers, firefighters, teachers and nurses.”The $350 billion in rescue funds would be handed out by 2022 in increments, with recipients given until 2026 to spend it. That timeline was meant to gird states and cities against another economic slowdown, said Gene Sperling, the presidential adviser overseeing the rescue plan.Yet rather than limping through a recovery, the country enjoyed the fastest economic growth in nearly four decades and saw the unemployment rate plummet. Government revenues surged across much of the country, and governors of once-beleaguered states, like California and Minnesota, announced proposals to give residents tax cuts or one-time rebates.Some state and local government payrolls are smaller than they were before the pandemic; many municipalities face a backlog in services from courts to coroners’ offices, and they are not immune to inflation and fuel shocks.The rescue spending still represents something of an insurance policy against a new recession. But for state and local leaders, the money is clearly something more than that.As government revenues began returning, the Treasury Department issued guidance encouraging cities and counties to treat rescue funding as a flexible resource that could be deployed for purposes faintly related to Covid-19.Some initiatives will kick in faster but affect fewer people: In Richmond, the mayor’s office has endorsed a grant of about $350,000 to Daily Planet Health Services, a network of clinics for low-income residents.Parker Michels-Boyce for The New York TimesIf municipalities could make the case that a social problem worsened because of the pandemic, then they could probably use rescue plan funding.Under the federal legislation, Mayor Wade Kapszukiewicz knows that Toledo, Ohio, is due $180 million over two years, a colossal sum for a city of about 270,000 people.His administration outlined a combination of short- and long-term improvements, including demolishing blighted buildings, creating affordable housing projects and targeted spending on public safety and child care.Mr. Kapszukiewicz is a rare Democrat who may have been helped politically by the funding. The mayor won re-election by a wide margin in November; in his victory speech, he cited the American Rescue Plan as a reason for his city to be optimistic.“None of us in public life have ever had an opportunity like this,” Mr. Kapszukiewicz said.Cities and counties cannot enact programs that would go bankrupt once the money expires. That has encouraged governments to use it on one-time investments that could be completed by the 2026 deadline — and underwrite policy experiments on a limited scale.Construction on a home that will be offered for sale through the Maggie Walker Community Land Trust in Richmond.Parker Michels-Boyce for The New York TimesMayor Michelle Wu of Boston, a progressive Democrat, has pledged to spend hundreds of millions on affordable housing initiatives. Ms. Wu, who campaigned on eliminating fares for mass transit, is using about $8 million of rescue plan money — from more than half a billion allotted to her city — to make three bus lines free for two years.She hopes demonstrating the value of free transit will create momentum to enact the policy without federal money.“Our goal is to resist the temptation to divvy up these funds into 10,000 photo ops,” Ms. Wu said, “and instead truly focus on transformational change.”Ms. Wu said she had been up front with her constituents that the federal money made her transit policy possible, but she said many were not focused on its origins.“I think if you talk to people out and about, living their lives in our neighborhoods, they don’t care where the funding comes from,” she said.The potential of these programs is unproven, and in many cases years away — a challenge for Democrats who would like to run on a record of concrete accomplishments this fall.“You tell them about the American Rescue Plan,” Mr. Biden said to House members, “and they say, ‘What the hell are you talking about?’”Linda Scott said she had heard nothing of the coming upgrades to Richmond’s Southside Community Center. “I know that we’re getting lots of money, but what we’re doing with it, I’m not sure,” she said.Parker Michels-Boyce for The New York TimesChris Frelke, Richmond’s parks director, said the city would spend $78 million creating four community centers.Parker Michels-Boyce for The New York Times‘It Just Does Not Connect’A short drive from Richmond’s Thomas B. Smith Community Center is where the city of Richmond ends and Chesterfield County begins. A historically Republican suburb that is wealthier and whiter than Virginia’s capital city, Chesterfield County has already received more than $34 million through the American Rescue Plan. A second installment of that size is due later.The Republican-led county board has announced a major upgrade of parks and other construction projects, including a school and police station.The county’s finances remained sturdy throughout the pandemic and are now so robust that the board of supervisors approved a reduction in the real estate tax. The rescue plan funding allowed the county to accelerate some projects, local officials said, but they would likely have undertaken many of them without federal help.Christopher Winslow, the Republican chair of the county board, said the projects would have a “long-lasting and significant effect on citizens.” But in a fiscally robust county like his, Mr. Winslow said, the funding was less a rescue than a “bonanza.”By the time the first tranche of rescue money arrived, Mr. Winslow said, there was “a sense that the real pain was largely behind us.” That view is shared by many Republicans in Congress, who criticized the original price tag of the legislation and proposed clawing back some of the money.During a recent meeting of the United States Conference of Mayors, several White House officials, including Mitch Landrieu, the former New Orleans mayor, urged city leaders to do more to promote the rescue money — or risk seeing Congress redirect some of the funding elsewhere.After shedding its conservative roots to back Mr. Biden for president in 2020, Chesterfield County shifted back to the right to support a Republican, Glenn Youngkin, for governor.Lashrecse Aird, a former Democratic state legislator who represented a slice of Chesterfield County, said the rescue plan was of “no value whatsoever” to Democrats in Virginia’s 2021 elections. Ms. Aird, who lost her seat in the House of Delegates in November, said voters were scarcely aware of the federal aid.“It just does not connect. That is just the honest to goodness truth,” Ms. Aird said. “Even when you’re talking about schools, so much of this stuff is so far down the line before it’s anything you can see.”Richmond’s Southside Community Center is slated to balloon in size and capacity.Parker Michels-Boyce for The New York Times More

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    With or Without Trump, the MAGA Movement Is the Future of the Republican Party

    The fissures in the Democratic Party are on display for all to see, since it is the party in power, but the divisions in the Republican Party and the conservative movement are deeper, wider and far more threatening.Matthew Continetti, a senior fellow at the American Enterprise Institute, describes the developments that have brought the conservative movement to a boil in his new book, “The Right: The Hundred-Year War for American Conservatism.”In Continetti’s telling, there was deepening frustration and anger on the right after Republicans took control of the House in 2011 but still could not block the seemingly inexorable move to the left. In 2011, the Department of Education declared that Title IX required universities to investigate charges of sexual harassment with few due-process protections for the accused — to the dismay of many conservatives (and plenty of liberals). In 2012, the Department of Health and Human Services mandated that Obamacare cover the costs of contraception and abortifacients. In 2016, the Department of Education advised schools to allow transgender students to use the bathroom of their choice.“These administration dictates made many conservatives question the efficacy of controlling Congress,” Continetti writes. “The legislative body seemed unable to prevent the Obama agenda in any fashion.”Conservatives have controlled the Supreme Court since 2006, when Justice Samuel Alito replaced Sandra Day O’Connor, but in 2015 the court established the constitutional right to same-sex marriage. “Justice Anthony Kennedy cast the deciding vote in Obergefell v. Hodges,” Continetti reports, noting that Kennedy’s “decision nullified bans on gay marriage in 31 states. Social conservatives were apoplectic.”As the same time, white working-class culture was unraveling, as Charles Murray observed in his 2012 book, “Coming Apart.”“At the top of society,” Continetti writes, “a self-perpetuating elite lived inside a bubble of affluent neighborhoods and postal codes Murray called ‘Super-Zips,’ while mass suffering played out below. Most Americans, Murray pointed out, did not enjoy the benefits of intact families, vibrant communities and church membership.” Addiction levels, Continetti continued, were staggering. “Opioid and heroin abuse caused a spike in deaths, in some years killing as many Americans as died in Vietnam.”Most important, from a political perspective: “All this happened under the noses of most conservative and Republican elites. They lived in the wealthy Virginia and Maryland suburbs surrounding Washington, D.C. They enjoyed life in the Super-Zips,” Continetti writes. The elite of the right “were separated from growing numbers of their own party by background, education, income and lifestyle.”The stage was set for a political explosion and it came in the form of Donald Trump. The conservative elite in Washington sneered: “‘It is simply childish to trust this contemptible parody of a father figure,’ wrote Michael Gerson in The Washington Post. George Will said that he deserved to lose 50 states. Charles Krauthammer called him a ‘rodeo clown.’”None of that mattered.“Anti-establishment conservatives found him refreshing,” Continetti adds. “Not one iota of Trump was politically correct. He played by no rules of civility. He genuflected to no one. He despised the media with the same intensity as the conservative grass roots.”Millions of voters may have found Trump “refreshing,” but there continue to be dissenters on the right who see the consequences as disastrous.David French, a senior editor at The Dispatch, warned in an interview with Sean Illing of Vox:Here’s what’s the terrifying thing on the right that can be a career- and reputation-ending allegation: “You’re weak. You’re a coward.” So the transformation, this flipping upside down of morality, turning bullying into strength, turning restraint into vice, all of that, what has then happened is it enables the Trumpists and the Trumpist world. They’re wielding this sword that is very sharp culturally in red spaces, this accusation of weakness and cowardice, as a weapon to keep people in line, because they’ve defined support for this movement as evidence of your strength.Yuval Levin, a senior fellow at the American Enterprise Institute (and a contributing Opinion writer for The Times), described a transformation on the right that began before Trump but has accelerated under his direction. Speaking at a March 2021 Harvard Kennedy School forum, Levin said: “I think conservatives are naturally defenders of a society’s institutions — not blindly, they’re also reformers — but they believe in the purposes of those institutions.”The Republican Party, he continued,has gradually become hostile to Americans’ institutions. It sees them as possessed by the other party. It sees them as corrupt. It looks at them through a populist lens as the source of the problem, rather than the source of solutions.In the fall of 2016, with Trump as the Republican presidential nominee, Levin wrote in Politico magazine:This election cycle has revealed serious fault lines and weaknesses on the right, and the Republican Party will be working to make sense of it all for years. But for conservatives — I mean those who champion some version of the difficult balance of traditionalism in the moral arena, market mechanisms for addressing our economic challenges, and American strength in a dangerous world — all bound by a limited-government constitutionalism — this sorry year’s lessons have one overarching implication: We can no longer treat the G.O.P. simply as our own.Levin faults the conservative movement for clinging to “an agenda almost frozen in amber, locking in place a 1980s-style policy program even as the nation changed around us.”“Trump blew it all up,” Levin wrote. “It’s not that he had a rival policy prescription; his campaign largely amounts to a frantic venting of frustrations punctuated by demagogic chest-thumping. But his approach clearly appealed to a significant portion of Republican voters.”In fact, Trump did have one crystal-clear policy objective: to drastically reduce immigration, legal and illegal. The Washington Post editorial board wrote in September 2020:Without the assent of Congress, President Trump has remade almost every major facet of America’s immigration system over the past three-plus years, slashing levels of legal and illegal arrivals; refugees and asylum seekers; Muslim and Christian migrants. He has sought to strip citizenship from naturalized Americans and subject “dreamers” raised in this country to deportation. He tried to deter illegal border crossings by sundering families, thereby traumatizing migrant teens, tweens and toddlers.While many on the left deeply opposed these policies, Trump’s base was overwhelmingly behind him. As The Post pointed out:Mr. Trump has largely succeeded in delivering on the anti-immigration message that drove his 2016 victory and continues to animate much of his base. Only a small fraction of his border wall has been built, and Mexico has paid for none of it, but the thrust of his nativist vision has taken root in hundreds of rule changes and policy shifts that have slammed shut America’s doors.Placing Trump in a line of conservative demagogues who proved ultimately transient, Continetti writes:Every so often the right has embraced a demagogic leader who pulls it toward the political fringe. From Tom Watson to Henry Ford, Father Coughlin to Charles Lindbergh, Joseph McCarthy to George Wallace, Ross Perot to Pat Buchanan, Ron Paul to Donald Trump, these tribunes of discontent have succumbed to conspiracy theories, racism and anti-Semitism. They have flirted with violence. They have played footsie with autocracy.One aspect of the rise of Trump that has not received adequate attention is the substantial intellectual infrastructure that has buoyed the Trumpist right, its willingness to rupture moral codes and to discard traditional norms — an infrastructure that includes the Claremont Institute, Hillsdale College, First Things magazine and the American Mind website.Take the analysis of John Marini, a senior fellow at the Claremont Institute, in his 2016 essay “Donald Trump and the American Crisis”:Social institutions dependent upon the old morality have become intellectually indefensible. In terms of contemporary social and political thought, it is the good understood as the old that is no longer defensible, and its political defense has therefore become untenable. This alone makes the defense of reasonable conservatism — and constitutionalism itself — something akin to the defense of a dream that masquerades itself as reality in the minds of its votaries.Or take the view of Sohrab Ahmari, a columnist for First Things, that courtesy and common decency serve to protect a dysfunctional established order:Progressives understand that culture war means discrediting their opponents and weakening or destroying their institutions. Conservatives should approach the culture war with a similar realism. Civility and decency are secondary values. They regulate compliance with an established order and orthodoxy.In other words, Ahmari writes, “To recognize that enmity is real is its own kind of moral duty.”Or take the view of Glenn Ellmers, a visiting research scholar at Hillsdale College, in his 2021 essay “‘Conservatism’ Is No Longer Enough”:Our norms are now hopelessly corrupt and need to be destroyed. It has been like this for a while — and the MAGA voters knew it, while most of the policy wonks and magazine scribblers did not … and still don’t. In almost every case, the political practices, institutions, and even rhetoric governing the United States have become hostile to both liberty and virtue.I asked a number of center-right conservative thinkers the following questions: To what degree was the Trump takeover of the Republican Party a legitimate democratic insurgency by a white working/middle-class electorate that had been providing crucial margins of victory to the Republican Party, but whose opposition to liberal immigration and trade policies (and whose support for universal benefit programs like Social Security and Medicare) had been rejected by the Republican establishment? And will the tension between an increasingly “woke” corporate America and a Republican Party taking “anti-woke” stands become a significant conflict?Most of those I contacted voiced considerable optimism that everyone on the first tier of prospective Republican candidates to replace Trump as the 2024 nominee, should such a development come to pass, could restore the Republican Party’s viability in presidential elections, especially in the suburbs.“For me,” wrote Rich Lowry, editor in chief of National Review, “the obvious path ahead is national candidates — say, a Ron DeSantis, Tom Cotton or Glenn Youngkin — who learn the positive lessons from Trump, reject the negative, and, free of all his baggage, forge a new political and substantive synthesis that is appealing to the Trump base and the suburbs.”In his email, Lowry acknowledged that in Trump’s wake, the balance of power within the Republican Party and the conservative movement has shifted:The current tensions and arguments on the right aren’t anything new — there’s been a multi-front struggle within conservatism as long as modern conservatism has existed. What’s new is that the populist tendency has usually been subordinate to the classic liberal element, and now, with the advent of Trump, populism has the upper hand.Conservatives across the board, Lowry continued, arestill robustly pro-life and pro-gun, and support the police and oppose softheaded progressive approaches to public order. Conservatives have long supported cultural coherence, and opposed political correctness and its associated ideologies in academic and K-12 education.That said, however,the right has rejected the lazy business-oriented consensus on immigration and China that held sway for too long. We won’t see a so-called comprehensive immigration reform again for a long time — and good riddance.In addition, Lowry noted, “any impetus to pursue entitlement reform has completely disappeared.”One striking theme in other conservative responses to my inquiry was the unanimous belief in the effectiveness and political gain to be made by the current Republican assault on “woke” corporations supporting transgender rights and on corporations requiring employees to undergo diversity training using principles of “critical race theory” — an assault led by Ron DeSantis, the governor of Florida.John Podhoretz, editor of Commentary, emailed in reply to my inquiry: “Nothing could be better for the G.O.P. than for its politicians to engage in battles with mega-corporations and for Republican officials to lose their reputations for being the handmaidens of big business.”Bradford Wilcox, a professor of sociology at the University of Virginia, wrote by email:The Democratic Party, the universities, and much of corporate America have moved so far left on key cultural issues — from gender to race — that they’ve unintentionally made the “culture war the new big tent” for Republicans like Gov. Ron DeSantis. By opposing far-left positions championed by Democrats and C-suite executives that are unpopular not only with conservatives but also moderates, DeSantis and other Republicans are turning the cultural issues of the day to their political advantage. What’s more: Corporate America’s leftward turn on cultural issues only reinforces the anti-elitist tenor and trajectory of today’s Republican Party, as exemplified by what we’re seeing in Florida.Continetti also replied by email:Donald Trump won the 2016 Republican primary thanks to a committed base of supporters and a multicandidate field that split the opposition vote. Yet Trump earned neither a majority of votes overall nor majorities in the key primary states of New Hampshire, South Carolina and Florida. He benefited from divisions and flaws among his many rivals as well as his canny political instincts that allowed him to seize on the issue of immigration and connect it to worries over international terrorism.Even Trump’s Electoral College victory, Continetti continued,masked the fragility of his general-election coalition. He lost the popular vote. Republican Senate candidates in swing states ran ahead of him. Trump became president because he had the good fortune of running against the second-most-unpopular general election candidate in the history of the Gallup poll (Trump is number one).While Trump’s policy agenda includesopposition to illegal immigration, resistance to international trade, a general dislike of permanent alliances and overseas intervention, he also combined these modifications with the Reaganite agenda of tax cuts, deregulation, increased defense spending, conservative judicial appointments and support for Israel.Noting that Trump has “a contempt for the ‘niceties of liberal democracy’ and an admiration for nationalist strongmen who use state power to diminish the cultural power of the progressive left,” Continetti added that “Trump’s inability to accept defeat was behind his ‘Stop the Steal’ movement that, in a horrific illustration of what happens when one abandons the ‘niceties of liberal democracy,’ culminated in the Capitol riot on Jan. 6, 2021.”I asked John Yoo, a law professor at Berkeley and author of the notorious 2003 “torture memos” while he was a deputy assistant attorney general in the George W. Bush administration, whether the Republican Party had become the party of Patrick J. Buchanan, the fire-breathing populist conservative who ran unsuccessfully for president in 1992.“I sure hope not,” Yoo replied. “If it indeed became anti-immigrant, anti-trade and America First in foreign policy, it would indeed mirror Pat Buchanan’s insurgency. But I think the party is still fighting over these policies. The response of party leaders to Ukraine shows that the older Republican internationalist wing of the party is still alive and strong.”A number of the conservatives I contacted were reluctant to go on the record for fear of retribution within a severely conflicted and possibly retaliatory conservative movement.As one put it, “I apologize for the background request, but Trump has absolutely ruined the discourse among conservative intellectuals, elites, think tankers, pundits, etc. We were all basically on the same side, then Trump won the nomination, and it seemed like everybody turned on everybody, depending on the shades or nuances of your views.”Which, in turn, raises a question: Would a Youngkin or DeSantis or Cotton presidency in 2025 or 2029 be a conservative corrective to Trump, or would any of these three possibilities simply give a patina of legitimacy to Trump’s flagrantly aberrant moral compass?David French summarizes the Republican dynamic in a recent Atlantic essay, “Free Speech for Me but Not for Thee”:As the Republican Party evolves from a party focused on individual liberty and limits on government power to a party that more fully embraces government control of the economy and morality, it is reversing many of its previous stances on free speech in public universities, in public education, and in private corporations. Driven by a combination of partisan animosity and public fear, it is embracing the tactics that it once opposed.The primal forces unleased by Trump have not lost momentum. Whoever ends up as the Republican Party nominee in 2024 — whether it is Trump himself or one of the other contenders — will be under pressure to continue the abandonment of principle. Among the others, there might be less lying and less overt narcissism, but any one of them could yet govern in the mold of Trump. Whether Trumpism is more powerful with Trump or without him is still an open question, but the MAGA movement shows no real sign of abating.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Only the Feds Can Disqualify Madison Cawthorn and Marjorie Taylor Greene

    The events of Jan. 6, 2021, are casting a long shadow over the midterm elections. Voters in North Carolina are seeking to bar Representative Madison Cawthorn from running for re-election to his House seat, and those in Georgia are trying to do the same to Representative Marjorie Taylor Greene.These voters have filed complaints with state elections officials arguing that Section 3 of the 14th Amendment disqualifies members of Congress who engage in insurrection from appearing on the congressional ballot. (Challenges to other elected officials have also begun involving other candidates.)But these challenges face an intractable problem: Only the federal government — not the states — can disqualify insurrectionists from congressional ballots. States cannot unilaterally create procedures, unless authorized by federal statute, to keep accused insurrectionists off the congressional ballot.If these members of Congress engaged in insurrection, then the U.S. House of Representatives may exclude them, or federal prosecutors may charge them with the federal crime of insurrection. But in light of an important 1869 judicial decision, the cases against Mr. Cawthorn and Ms. Greene — which are currently mired in both state and federal proceedings — cannot remove the candidates from the congressional ballot.The 14th Amendment was ratified in 1868 in the wake of the Civil War. Section 3 disqualified many former Confederates from holding certain public offices if they had taken an oath to support the U.S. Constitution but subsequently, as Section 3 declares, “engaged in insurrection or rebellion.” Since 1868, the federal judiciary has had few occasions to interpret Section 3. As a result, the courts are largely in uncharted territory. Nevertheless, there is some important on-point precedent.An 1869 case concerning Hugh W. Sheffey is instructive for the Jan. 6 litigation and how courts might see things today. Mr. Sheffey took an oath to support the Constitution but later served as a member of the Confederate Virginia legislature, thereby actively supporting the Confederacy.After the war, he served as a state court judge. As Judge Sheffey, he presided over the trial and conviction of Caesar Griffin for shooting with an intent to kill. Later, Mr. Griffin challenged his conviction in federal court. He argued that Section 3 should have disqualified Mr. Sheffey from serving as judge. Griffin’s case, as it is known, was heard on appeal by the federal circuit court in Virginia. Salmon P. Chase, the chief justice of the United States and an appointee of President Abraham Lincoln, presided over the appeal. Chief Justice Chase ruled against Mr. Griffin, finding that Section 3 did not disqualify Judge Sheffey, despite the fact that he had taken an oath to support the U.S. Constitution and that it was “admitted,” as the case stated, that he later committed a Section 3 disqualifying offense.Chief Justice Chase reasoned “that legislation by Congress is necessary to give effect to” Section 3 of the 14th Amendment — and that “only” Congress can enact that legislation. Chief Justice Chase added that the exclusion of disqualified office holders “can only be provided for by Congress.” Congress must create the procedure that would determine if a defendant violated Section 3. Section 5 of the 14th Amendment emphasizes this principle: Congress, it states, “shall have the power to enforce, by appropriate legislation, the provisions of this article.”In short, Griffin’s case teaches that in legal terms, Section 3 is not self-executing — that is, Congress must establish, or at least authorize, the process that affords accused insurrectionists an opportunity to contest the allegations brought against them.Mr. Cawthorn and Ms. Greene deny that they engaged in insurrection and oppose any assertion that they violated the law, which would include Section 3 disqualifying offenses. Moreover, in the Cawthorn and Greene cases, the plaintiffs have not pointed to any federal legislation authorizing the states to police Section 3 by disqualifying accused insurrectionists from the congressional ballot. Without federal authorization, state elections boards and even state courts could very well be powerless to make determinations about congressional candidates and Section 3.There may be another way, based on an existing statute, to disqualify a candidate from congressional ballots: the Insurrection Act of 1862. This legislation, which predated the 14th Amendment, mirrors one of the disqualifying offenses established in Section 3.The modern Insurrection Act is virtually unchanged from the statute Lincoln signed in 1862. If the Justice Department indicts and succeeds in convicting Mr. Cawthorn, Ms. Greene or others of insurrection under that act, then on that basis, state elections boards and state courts may remove these candidates from the congressional ballot.Representative Madison Cawthorn of North Carolina.Stefani Reynolds for The New York TimesBut so far, the Justice Department has not charged any congressional candidates with inciting or engaging in an insurrection or with any other disqualifying offenses. Most of the Jan. 6 federal charges have been based on things like property crimes or for obstructing official proceedings or assaulting officers rather than insurrection.If the Justice Department does not secure a conviction of a Section 3 disqualifying offense before the state ballot is printed (the primary in North Carolina is scheduled for May 17 and the one in Georgia for May 24), then, generally, state boards of election and even state courts will be powerless to remove otherwise eligible congressional candidates from the ballot.Recently, some scholars and advocates have contested Chief Justice Chase’s opinion in Griffin’s case as precluding the state challenges against Mr. Cawthorn and Ms. Greene. In their view, even in the absence of a federal statute, state election officials who conclude that a person engaged in insurrection may proceed to remove that candidate from the congressional ballot. There is no Supreme Court precedent that squarely forecloses that position. Moreover, Chief Justice Chase’s decision was not rendered by the United States Supreme Court, and so it is not controlling precedent. On Monday, a federal court in Georgia allowed the state court disqualification proceeding to go forward against Representative Greene. The federal judge did so without citing or distinguishing Griffin’s case.Still, we think the chief justice’s opinion is persuasive; we expect state and federal courts, including the U.S. Supreme Court, will likely follow this historically entrenched position. Chief Justice Chase’s approach is the simplest path. If the courts find that Section 3 is not self-executing, there is no need for state election officials to decide far more politically charged questions about whether Mr. Cawthorn and Ms. Greene — and potentially, looking ahead to 2024, Donald Trump — engaged in insurrection.Congress has not authorized the states to enforce Section 3 by striking congressional candidates from the ballot. Thus, state courts and elections boards lack jurisdiction to exclude alleged insurrectionists from the congressional ballot. In such circumstances, state governments must let the people decide who will represent them in Congress.Josh Blackman is a law professor at South Texas College of Law Houston. S.B. Tillman is an associate professor at the Maynooth University School of Law and Criminology. They recently wrote a law review article about the application of Section 3 of the 14th Amendment to President Trump.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Will Democrats Soon Be Locked Out of Power?

    Throughout the Trump era it was a frequent theme of liberal commentary that their political party represented a clear American majority, thwarted by our antidemocratic institutions and condemned to live under the rule of the conservative minority.In the political context of 2016-20, this belief was overstated. Yes, Donald Trump won the presidential election of 2016 with a minority of the popular vote. But more Americans voted for Republican congressional candidates than Democratic congressional candidates, and more Americans voted for right-of-center candidates for president — including the Libertarian vote — than voted for Hillary Clinton and Jill Stein. In strictly majoritarian terms, liberalism deserved to lose in 2016, even if Trump did not necessarily deserve to win.And Republican structural advantages, while real, did not then prevent Democrats from reclaiming the House of Representatives in 2018 and the presidency in 2020 and Senate in 2021. These victories extended the pattern of 21st century American politics, which has featured significant swings every few cycles, not the entrenchment of either party’s power.The political landscape after 2024, however, might look more like liberalism’s depictions of its Trump-era plight. According to calculations by liberalism’s Cassandra, David Shor, the convergence of an unfavorable Senate map for Democrats with their pre-existing Electoral College and Senate disadvantages could easily produce a scenario where the party wins 50 percent of the congressional popular vote, 51 percent of the presidential vote — and ends up losing the White House and staring down a nearly filibuster-proof Republican advantage in the Senate.That’s a scenario for liberal horror, but it’s not one that conservatives should welcome either. In recent years, as their advantages in both institutions have increased, conservatives have defended institutions like the Senate and the Electoral College with variations of the argument that the United States is a democratic republic, not a pure democracy.These arguments carry less weight, however, the more consistently undemocratic the system’s overall results become. (They would fall apart completely in the scenario sought by Donald Trump and some of his allies after 2020, where state legislatures simply substitute their preferences for the voters in their states.)The Electoral College’s legitimacy can stand up if an occasional 49-47 percent popular vote result goes the other way; likewise the Senate’s legitimacy if it tilts a bit toward one party but changes hands consistently.But a scenario where one party has sustained governing power while lacking majoritarian support is a recipe for delegitimization and reasonable disillusionment, which no clever conservative column about the constitutional significance of state sovereignty would adequately address.From the Republican Party’s perspective, the best way to avoid this future — where the nature of conservative victories undercuts the perceived legitimacy of conservative governance — is to stop being content with the advantages granted by the system and try harder to win majorities outright.You can’t expect a political party to simply cede its advantages: There will never be a bipartisan constitutional amendment to abolish the Senate, on any timeline you care to imagine. But you can expect a political party to show a little more electoral ambition than the G.O.P. has done of late — to seek to win more elections the way that Ronald Reagan and Richard Nixon won them, rather than being content to keep it close and put their hopes in lucky breaks.Especially in the current climate, which looks dire for the Democrats, the Republicans have an opportunity to make the Electoral College complaint moot, for a time at least, by simply taking plausible positions, nominating plausible candidates and winning majorities outright.That means rejecting the politics of voter-fraud paranoia — as, hopefully, Republican primary voters will do by choosing Brian Kemp over David Perdue in the Georgia gubernatorial primary.It means rejecting the attempts to return to the libertarian “makers versus takers” politics of Tea Party era, currently manifested in Florida Senator Rick Scott’s recent manifesto suggesting tax increases for the working class — basically the right-wing equivalent of “defund the police” in terms of its political toxicity.And it means — and I fear this is beyond the G.O.P.’s capacities — nominating someone other than Donald Trump in 2024.A Republican Party that managed to win popular majorities might still see its Senate or Electoral College majorities magnified by its structural advantages. But such magnification is a normal feature of many democratic systems, not just our own. It’s very different from losing the popular vote consistently and yet being handed power anyway.As for what the Democrats should do about their disadvantages — well, that’s a longer discussion, but two quick points for now.First, to the extent the party wants to focus on structural answers to its structural challenges, it needs clarity about what kind of electoral reforms would actually accomplish something. That’s been lacking in the Biden era, where liberal reformers wasted considerable time and energy on voting bills that didn’t pass and also weren’t likely to help the party much had they been actually pushed through.A different reform idea, statehood for the District of Columbia and Puerto Rico, wouldn’t have happened in this period either, but it’s much more responsive to the actual challenges confronting Democrats in the Senate. So if you’re a liberal activist or a legislator planning for the next brief window when your party holds power, pushing for an expanded Senate seems like a more reasonable long ball to try to train your team to throw.Second, to the extent that there’s a Democratic path back to greater parity in the Senate and Electoral College without structural reform, it probably requires the development of an explicit faction within the party dedicated to winning back two kinds of voters — culturally conservative Latinos and working-class whites — who were part of Barack Obama’s coalition but have drifted rightward since.That faction would have two missions: To hew to a poll-tested agenda on economic policy (not just the business-friendly agenda supported by many centrist Democrats) and to constantly find ways to distinguish itself from organized progressivism — the foundations, the activists, the academics — on cultural and social issues. And crucially, not in the tactical style favored by analysts like Shor, but in the language of principle: Rightward-drifting voters would need to know that this faction actually believes in its own moderation, its own attacks on progressive shibboleths, and that its members will remain a thorn in progressivism’s side even once they reach Washington.Right now the Democrats have scattered politicians, from West Virginia to New York City, who somewhat fit this mold. But they don’t have an agenda for them to coalesce around, a group of donors ready to fund them, a set of intellectuals ready to embrace them as their own.Necessity, however, is the mother of invention, and necessity may impose itself upon the Democratic Party soon enough.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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    When Will We Know the Bleeding Truth?

    In an article for Bloomberg, British historian Niall Ferguson expresses his strategic insight into the real motives of the Biden administration concerning the course of the war in Ukraine. Officially, the US claims to be acting in the interest of Ukraine’s defense in an effort to support democracy and reaffirm the principle of sovereignty that permits any country to join an antiquated military alliance directed by the United States, on the other side of a distant ocean.

    Less officially, President Joe Biden has been emphasizing the emotional side of US motivation when he wants to turn Russia into a “pariah,” while branding its president as a “war criminal” and a “murderer.” Biden’s rhetoric indicates clearly that whatever purely legal and moral point the United States cites to justify its massive financial engagement in the war, its true motivation reflects a vigilante mindset focused on regime change.

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    The administration denies it has regime change on its mind. But Ferguson cites a senior administration official who privately confided that Biden’s “end game now … is the end of Putin regime.” The historian concludes that rather than seek a negotiated end to the war, the US “intends to keep this war going.”

    As usual in foreign policy matters, Ferguson notes a certain convergence of viewpoint from his own government. He quotes an anonymous source affirming that the United Kingdom’s “No. 1 option is for the conflict to be extended and thereby bleed Putin.” A little later in the article, Ferguson qualifies as “archetypal Realpolitik” the American intent “to allow the carnage in Ukraine to continue; to sit back and watch the heroic Ukrainians ‘bleed Russia dry.’”

    Today’s Weekly Devil’s Dictionary definition:

    Bleed (a country):

    To encourage and prolong an unnecessary and unjustified conflict in the interest of sucking the life out of the political establishment of a declared enemy, a process that usually automatically implies sucking the life out of at least one other country, including eventually one’s own

    Contextual Note

    Ferguson dares to question the dominant belief in the US that bleeding Russia is a recipe for success. “Prolonging the war runs the risk not just of leaving tens of thousands of Ukrainians dead and millions homeless, but also of handing Putin something that he can plausibly present at home as victory,” he writes.

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    When the focus is both on bleeding and prolonging the combat, there is a strong likelihood that the bleeding will be shared. If a boxer sees a cut over his opponent’s eye, he may strategically focus all his punches on the opponent’s face hoping for a technical knockout. But, by focusing on the loss of blood, he may drop his guard with the risk of getting knocked out or opening his own bleeding wound.

    “I fail to see in current Western strategizing any real recognition of how badly this war could go for Ukraine in the coming weeks,” Ferguson observes. The reason may simply be that the hyperreal moment the Western world is now living through is proving too enjoyable to critique, at least for the media. The more horror stories of assaults on innocent civilians make their way into the headlines, the more the media can play the morally satisfying game of: here’s one more reason to hate Vladimir Putin.

    If the White House is focused, as it now appears, not on saving Ukrainian democracy but on bleeding Russia, all the stories of Russian abuse of brave civilians are designed with the purpose of prolonging the war, in the hope that, discredited by Putin’s failure to break Ukraine’s resistance, Russians will revolt and depose the evil dictator. In the meantime, those Ukrainians who manage to survive are being asked to play the supporting role of watching their country reduced to ruins.

    Ferguson speculates that US strategists have come to “think of the conflict as a mere sub-plot in Cold War II, a struggle in which China is our real opponent.” That would be an ambitious plan, riddled with complexity. But the Biden administration has demonstrated its incapacity to deal effectively even with straightforward issues, from passing the Build Back Better framework in the US to managing a pandemic.

    The Ukraine situation involves geopolitics, the global economy and, even more profoundly, the changing image of US power felt by populations and governments across the globe. At the end of his article, the historian describes this as an example of dangerous overreach, claiming that “the Biden administration is making a colossal mistake in thinking that it can protract the war in Ukraine, bleed Russia dry, topple Putin and signal to China to keep its hands off Taiwan.”

    Historical Note

    One salient truth about Americans’ perception of the Ukraine War should be evident to everyone. Today’s media thoroughly understands the American public’s insatiable appetite for the right kind of misinformation. Niall Ferguson makes the point that the US government may nevertheless be inept in providing it. The history of misinformation in times of war over the past century should provide some clues.

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    In 1935, Major General Smedley Butler wrote a book describing the logic behind his own service on several continents. Its title was “War Is a Racket.” He described the American vision of war as a quest for corporate profit. He tried to warn the nation of the inhumanity of such an approach to the use of military force. He manifestly failed because he was late to the game. Back in 1917, Edward Bernays, the “father of Public Relations,” seduced the American public into believing that the only motive for the nation’s invasions and wars is the spreading of democracy. It was Bernays who provided Woodrow Wilson with the slogan “make the world safe for democracy.”

    For the rest of his life, Bernays not only helped private companies boost their brands, he also consulted on foreign policy to justify regime change when it threatened a customer’s racket. In 1953, working for United Fruit, he collaborated with President Dwight Eisenhower’s secretary of state, John Foster Dulles, and his brother, CIA Director Allen Dulles, to overthrow Jacobo Arbenz, the elected president of Guatemala. Arbenz had a plan to redistribute to the country’s impoverished peasants “unused land” monopolized by United Fruit. In a 2007 article for the Financial Times, Peter Chapman recounted that both Dulles brothers were “legal advisers” to United Fruit. Chapman notes that the company was also involved in the 1961 CIA-led Bay of Pigs invasion.

    In other words, concerning their impact on the American psyche, Bernays the PR man defeated Butler, celebrated at the time as America’s greatest living war hero. His fame was such that a group of powerful fascist-leaning businessmen tried to recruit him to overthrow President Franklin D. Roosevelt in the infamous 1933 “Business Plot.”

    Americans continue to rally around Bernays’ genius for reducing a suspect ideology to a catchy slogan. American interventions abroad are framed as noble efforts to support democracy and promote American business (Butler called them rackets). It’s a population of avid consumers of the media’s plentiful supply of misinformation.

    There are nevertheless odd moments when real information breaks through, though it rarely leaves much lasting impact. Last week, the Pentagon leaked news contradicting the narrative the State Department, the intelligence community and US media have unanimously adopted and promoted. In the Defense Department’s view, Russia’s invasion is not an example of unrestrained sadism toward the Ukrainian people. “As destructive as the Ukraine war is,” Newsweek reports, “Russia is causing less damage and killing fewer civilians than it could, U.S. intelligence experts say.”

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    The US military establishment calls it the “Russian leader’s strategic balancing act,” observing that Russia has acted with restraint. It realistically assesses that, far from seeking to subdue and conquer Ukraine, Putin’s “goal is to take enough territory on the ground to have something to negotiate with, while putting the government of Ukraine in a position where they have to negotiate.”

    Ferguson has gleaned his own evidence concerning US and UK strategy that “helps explain, among other things, the lack of any diplomatic effort by the U.S. to secure a cease-fire. It also explains the readiness of President Joe Biden to call Putin a war criminal.” Peace is no objective. Punishment is. This is a case where the Pentagon has received the message of Smedley Butler and dares to contradict an administration guided by the logic of Edward Bernays.

    *[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 Fair Observer Devil’s Dictionary.]

    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 Prospects of Peace in Afghanistan

    The Doha Agreement signed between the United States and the Taliban on February 29, 2020, not only set a date for the withdrawal of American forces from Afghanistan, but it also included certain obligations for the Taliban.

    Under this agreement, the Taliban are obligated to take measures to prevent terrorist groups from threatening the security of the US and its allies and to engage in a comprehensive intra-Afghan dialogue that would produce a political settlement. The hasty US troop withdrawal in August 2021 emboldened the Taliban to disregard their obligations under the deal and encouraged them to prioritize political takeover instead of a sustainable peace mechanism for Afghanistan.

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    The Doha Agreement and its contents undermined the sovereign government of Afghanistan at the time and provided an upper hand to the Taliban in both war and peace. Certain assurances in the deal enabled the Taliban to become stronger in both battlefield action and narrative propagation.

    These include the agreement’s references to a “new post-settlement Afghan Islamic government”; clauses on the release of Taliban combatants referred to as “political prisoners”; indirect legitimization of the Taliban shadow government by virtue of stipulations such as “the Taliban will not provide visas, passports, travel permits, or other legal documents”; and a complete lack of any mention of human rights protections in Afghanistan.

    Another Case of Failed Peacemaking

    The agreement is not the only pact that was expected to bring a peaceful end to the conflict in the country. In 1988, the Geneva Accords concluded under the auspices of the UN between Afghanistan and Pakistan, with the US and the Soviet Union serving as state guarantors, provided an overall framework for the settlement of the Afghan conflict and the Soviet withdrawal from Afghanistan. Likewise, the Bonn Agreement in 2001 — irrespective of whether it is categorized as a peace deal —established a process to manage the political transition in the post-Taliban Afghanistan. It briefly outlined steps from the formation of an interim administration to the development of a new constitution and holding elections.

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    However, neither the Geneva Accords nor the Bonn Agreement were successful and ultimately failed to foster conditions necessary for enabling a comprehensive settlement to Afghanistan’s complicated problem. More recently, the Taliban’s abject disregard for their commitments under the Doha Agreement, combined with the United States’ rushed exit, sped up the Taliban’s reemergence, once again closing an already narrow window of opportunity for achieving a durable political solution to the protracted conflict in Afghanistan.

    There is indeed a qualitative difference between the Geneva Accords, the Bonn Agreement and the Doha Agreement. However, one of the key reasons for their failure, among other factors, is that they are silent on the main cause of the conflict in Afghanistan — i.e., ethnic conflict.

    Afghanistan is a multiethnic country where the various ethnic groups are also geographically fragmented. Historically, divisions over who should lead the country and how have been among the core contentious issues in Afghanistan. Disagreements on this matter have manifested in violent ways in the 1990s and non-violent ways in the outcome of four presidential elections held based on the 2004 constitution. Overlooking of the main cause of the conflict and an absence of a viable mechanism for power redistribution among ethnic groups is a common thread that connects each of the three agreements that failed and continued to fuel instability.

    The Current Situation

    Less than two years since the Doha Agreement was signed, in August 2021, Kabul, the Afghan capital, fell to the Taliban. In the aftermath of this development, residences of several former government officials, particularly those from the Afghan National Defense and Security Forces (ANDSF), were raided and these personnel members were either killed or imprisoned. A UN report found that over 100 personnel from the Afghan security forces and others associated with the former Afghan government have been killed in the country, despite the Taliban announcing a general amnesty. 

    Moreover, despite the demands from the international community for the formation of an inclusive government, respect for human rights and counterterrorism assurances, the Taliban have refused to make any concessions. They have brazenly continued suppressing all dissenting voices, severely limiting women’s rights and persecuting civil society members and journalists.

    Peace in Afghanistan?

    It was apparent from day one that the prospects of the post-July 2018 efforts for a political settlement in Afghanistan were uncertain at best. The Doha Agreement simply laid out a possible schedule for the US withdrawal instead of guarantee or measures enabling a durable political settlement or peace process. The Taliban too negotiated the deal with the US with the aim of winning the war rather than seeking a peace deal or political settlement with their opponents.

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    The chaotic withdrawal of American forces and the mayhem at Kabul airport — which was reminiscent of the US pullout from Vietnam — has not only damaged the image of a powerful country like the US around the world, but has also established its reputation as an unreliable ally in times of difficulty. Given historical patterns and the Taliban’s track record, in the absence of any qualitative change of circumstances on the ground, the international community’s positive overtures to the Taliban might be yet another folly.

    As it stands, the prospects for peace in Afghanistan will remain distant for as long as the Taliban own the entire political apparatus rather than participate as a party in an inclusive and representative government and respect dissenting voices. In the meantime, the international community should use sanctions mechanisms and official recognition as the few remaining tools of leverage to hold the Taliban accountable to their commitments and to international legal standards.

    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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    Ending the War in Ukraine

    Vladimir Putin has a very clear strategy for ending his war in Ukraine. He intends to wipe the country off the map.

    Initially, he’d hoped to do so by seizing Kyiv, replacing the government and absorbing as much of Ukrainian territory into Russia as he thought feasible. Now, after the resistance of the Ukrainians, he is looking to eliminate their country by a different method. He will bomb it into submission from the air and depopulate the country by turning millions of its citizens into refugees.

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    The outflow of Ukrainians has the additional benefit, from Putin’s point of view, of putting pressure on the rest of Europe and sowing discord among NATO members. Putin saw how effective Belarusian dictator Alexander Lukashenko was last year in using several thousand desperate migrants from the Middle East as a weapon to provoke European countries. Putin is calculating that a wave of refugees several orders of magnitude larger will swell the anti-immigrant sentiment that has strengthened far-right parties and put the European project at risk.

    So far, neither of these strategies is working. With a few exceptions, the European far right has abandoned Putin, and the EU has embraced a double standard on immigration by extending a welcome to Ukrainians that few countries were willing to offer to those fleeing from Afghanistan or Syria.

    Meanwhile, NATO is emerging from this crisis with greater cohesion. Putin has forgotten an elemental lesson of geopolitics: a common threat serves as the glue that holds alliances together.

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    For all of these reasons, Putin is not interested in ending his war in Ukraine. Simply put, as Russian spokesman Dmitry Peskov recently verified, the Russian president has not yet achieved his aims. But he might be forced to end his war for other reasons.

    The View from Kyiv

    Volodymyr Zelensky has a very clear strategy for ending the war in his country. The Ukrainian president is mobilizing his defenses at home and his supporters abroad. He hopes he can achieve a stalemate on the ground and force Russia to compromise at the negotiating table.

    So far, in the first month of the war, both strategies have met with success. The Ukrainian military has blocked the Russian advance on all the major cities, forcing the Kremlin to rely more heavily on an increasingly indiscriminate air war.

    The Russian military has expanded its control over the Donbas region in the east. It has taken one major city, Kherson, in the south. But it has not been able to overcome the defenders of Mariupol, a port that represents the last major obstacle to connecting the Crimean peninsula by land to Russia proper.

    According to Western intelligence estimates, the Russian army has so far lost at least 7,000 soldiers while 20,000 more have been wounded, which would mean that Russian forces inside Ukraine have been reduced by a third. Unless the Kremlin can send in a lot of reinforcements — Belarussians, Syrians — it will have difficulty taking any major Ukrainian cities, much less hold on to them for any period of time. Ukrainians are returning to the country to take up arms, and volunteers are signing up to fight alongside Ukrainian soldiers, so David is starting to bulk up against Goliath.

    Meanwhile, on the international front, the sanctions have attracted widespread support, although some powerful countries like China and India continue to support Putin economically. Some of the sanctions target the lifestyles of the rich and powerful, such as asset freezes and travel bans for top officials. Other measures are beginning to affect ordinary Russians, such as all the job losses from Western businesses like UpWork and Starbucks pulling out of the country.

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    However, a number of companies are suspending operations in a manner that tries to avoid hurting their Russian staff, like McDonald’s continuing to pay their employees even if the restaurants are closed. Also, the sanctions do not target essentials like medicines. Still, the sanctions are expected to drive Russia into a significant recession, with the economy shrinking by as much as 7%. In 2020, the Russian economy contracted by 3 percent as a result of the COVID shutdowns, which at the time was considered a major setback.

    Losses on the battlefield and in the global economy are what’s likely to force Putin to end his war before he gets what he wants. No diplomatic solution is possible without this kind of pressure.

    Terms on the Table

    The major issue going into the war will likely be the major compromise coming out of the war: Ukraine’s status in the European security system.

    Putin not only wants NATO membership off the table for Ukraine, he would like to see the security alliance rewind the clock to 1997 before it expanded into Eastern Europe and the former Soviet Union. However bone-headed NATO expansion was — and it truly was a major blunder on the part of the West — Putin is not going to be able to negotiate a significant drawdown of the alliance’s footprint. Indeed, as a result of the invasion of Ukraine, NATO may well expand to include Finland and Sweden, for starters.

    Ukrainian neutrality, on the other hand, is very much a possibility. A report last week about a 15-point draft of a preliminary deal included “Kyiv renouncing its ambitions to join NATO and swear off hosting foreign military bases or weaponry in exchange for security guarantees from countries such as Britain, the United States or Turkey.”

    Security guarantees? That’s precisely what NATO membership is supposed to provide. And it’s difficult to envision any of the countries mentioned agreeing to come to Ukraine’s defense in the case of a subsequent Russian attack. They are quite clearly not doing so now. Still, if renouncing NATO membership gets Russia to pull back and stop its air attacks, it would be a worthwhile quid pro quo to pursue.

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    But then the other major sticking point enters the picture: territory. How much would Russia actually pull back? Would it give up the gains it has made so far in the war? Would it stop championing independence for Donetsk and Luhansk? Would it give back Crimea?

    Ukraine to date has refused to acknowledge even the loss of Crimea, so compromise will be challenging. But Zelensky has hinted at the potential of rethinking Ukraine’s borders, contingent on a referendum on the necessary constitutional changes. Perhaps an agreement to return to the status quo ante — with some strategic ambiguity about the final status of Crimea and the Donbas — might be a feasible interim agreement.

    The last major question is the composition of the Ukrainian government. Putin has called for the “de-Nazification” of Ukraine. In the best-case scenario, he might be willing to accept some restrictions on the participation of the Azov Battalion in the military. In the worst-case scenario, Putin will not stop until he has installed a “friendly” government in Kyiv.

    The threat of Russian influence in Ukraine was a main motivation for Zelensky recently to ban 11 political parties, including the largest opposition party, the pro-Russian Opposition Platform for Life. On the one hand, Ukraine’s democracy is one of its main selling points, so any restrictions on that democracy tarnishes its image. On the other hand, Putin has no qualms about exploiting divisions within Ukrainian society and would rely on these opposition parties to staff any future “friendly” government. Some democratic governments like Germany and Spain have banned political parties that pose a national security threat to their democratic governance.

    Zelensky is also well aware of the three foiled assassination plots on his life, all sponsored by Russia. The likelihood that anti-war elements within Russia’s own intelligence services tipped off the Ukrainians suggests that Putin has as much to worry about hostile elements within his political ranks as Zelensky does.

    Getting to Yes

    The various peace deals that are leaked to the press could signify combat fatigue, particularly on the Russian side. Or it could be a ploy by Putin to lull his interlocutors into thinking that because they’re dealing with a reasonable negotiating partner it’s important to hold off on another round of sanctions or arms sales.

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    While I have no illusions about Putin — I think he’s a ruthless fascist — it’s still important to offer him diplomatic off-ramps. There’s nothing more dangerous than a cornered dictator with nuclear weapons.

    The goal must be to stop the war and preserve what’s left of Ukrainian sovereignty. Russian troops must leave; the Ukrainian people must decide their leadership, not the Kremlin. Meanwhile, it’s likely that the vast majority of Ukrainian refugees want to return home and rebuild their country, just as the bulk of Kosovars did after the end of the war with Serbia in 1999. The West must be at least as generous with resettlement and reconstruction funds as it has been with arms deliveries.

    The Kosovo case is instructive for another reason. Serbian strongman Slobodan Milosevic, a communist apparatchik turned political opportunist who became a vehement nationalist when circumstances propelled him in that direction, over-reached in 1999 in an effort to prevent Kosovo from becoming independent. His military campaign failed, and the very next year, the opposition swept him from power in elections. By 2001, he was arrested in Serbia and then delivered to the war crimes tribunal in the Hague. He died in disgrace.

    Putin certainly wants to avoid that fate. Megalomania, however, has nudged him in that direction. So, now begins the challenge of peeling away Putin’s sense of his own invincibility—first in Ukraine, then in Russian politics, and finally in the court of international law.

    *[This article was originally published by FPIF.]

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