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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.

    Is Peace Possible in Ukraine?

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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

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    After a Difficult Year, US Farmers Are Pessimistic

    Debt is of great concern to many American citizens, despite the Biden administration’s selective efforts at debt forgiveness. While high and trending upward, debt has at least remained relatively stable over the past year.

    Market concentration, on the other hand, is a more pernicious issue. More than half the value of US farm production came from farms with at least $1 million in sales in 2015, compared to only 31% in 1991.

    The consequences of consolidation become apparent in the sales of various agricultural products. For example, in 2000, the biggest four companies sold 51% of soybean seeds in the United States. By 2015, their share rose to 76%.

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    “The agricultural industry is different than other industries because Capper-Volstead allows them to combine in ways that other individuals would go to jail for,” says  Allee A. Ramadhan, a former Justice Department antitrust attorney who led an investigation into the dairy industry. The 1922 Capper-Volstead Act was a law originally designed to protect producers by allowing them to secure their interests through cooperatives. Unfortunately, it has resulted in the perfect conditions for heavy consolidation by the largest companies.

    Consolidation doesn’t just impact prices, but it also contributes to US agriculture’s declining competitiveness. That is why agriculture was included in President Joe Biden’s executive order on competition last July, in which he declared that the “American promise of a broad and sustained prosperity depends on an open and competitive economy.”

    Fertilizers and Destabilizing Forces

    In addition to the structural concerns for US agriculture, there have been further destabilizing factors since 2020 due to the COVID-19 pandemic. Not only did the health crisis remove domestic outlets for agricultural products due to repeated lockdowns, but it also severely disrupted production. This was particularly in terms of available human resources, whether before at the farms or down the processing chain with the temporary closure of many slaughterhouses.

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    Aside from the impact of COVID-19, extreme weather has pummeled certain states, reduced production and caused billions of dollars in damage. The prices of many inputs are snowballing into other areas. Prices for urea have skyrocketed. DAP, the common phosphate fertilizer, has reached its highest price tag since the 2008 financial crash that led to the food pricing crisis.

    “As fertilizer prices continue to rise, farmers will either cut application rates, cut fertilizer entirely in hopes for lower future pricing, or cut other farm products to account for the bigger expected spend,” says Alexis Maxwell, an analyst at Green Markets.

    Some farmers are essentially holding out before buying for the next growing season, in the hopes that costs come down. But that is a risky strategy.

    Contributing to the destabilizing forces, recent countervailing duties against foreign fertilizer producers selling to the US market have cut supply. Chris Edgington, the president of the National Cotton Growers Association, said in late 2021 that the Mosaic Company petitioned for the tariffs and has since seen its share of the phosphate market grow from 74% to 80%, a near-monopoly. “There’s been a dramatic increase of fertilizer costs to the producer and that’s not looking to end,” he added. In general, the price increases for different fertilizers are not yet at the levels seen in 2008, but they could soon be even higher if they keep climbing.

    Uncertainty Due to the Ukraine War

    The war in Ukraine has added fuel to the fire regarding the uncertainties in the agricultural sector. The conflict has pitted against each other Russia and Ukraine, whose wheat exports account for more than 25% of the world’s supply. Now, these exports are at risk, as witnessed by the emerging food crisis in several North African and Middle Eastern countries.

    For instance, Tunisia imports nearly half of its wheat from Ukraine to make bread. In the country where the Arab Spring began in December 2010, Tunisians are worried there could be shortages of supplies and a repeat of bread riots like in the 1980s. Alarmingly, the Russian invasion of Ukraine has caused prices to rise to their highest level in 14 years. Yemen, Lebanon and Egypt are also beginning to be stricken by flour shortages.

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    The conflict has also led to the introduction of severe sanctions against Russia and Belarus, two of the world’s largest producers and exporters of fertilizers of all kinds, along with natural gas, an essential ingredient in ammonia production and a key component of complex fertilizers. Although the United States produces most of its own natural gas, fluctuations in world prices have a significant effect on the fertilizer industry. This only exacerbates the difficulties farmers currently face in obtaining inputs.

    Thus, while US farmers could look forward to a windfall of increased demand for their grain in the coming year, in the immediate future, they are simply faced with a further increase in production costs. Due to these added costs of inputs and the supply chain issues, US agriculture — especially the wheat industry — may be lacking the fertilizers needed to maximize yields, resulting in a decline in production and impeding its capability to respond to global demand.

    In a way, in the immediate and near future, the nightmare of 2021 is only worsening. For Arkansas farmer Matt Miles, “There’s no guarantee of anything being a sure thing anymore. That’s the scary part.”

    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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    A Russian-American Game of Mirrors

    Most of the propaganda Western media is now mass-producing focuses on the very real belligerence and lies of Russian President Vladimir Putin. Print and broadcast media have thrown themselves into a propaganda game serving to cast them in the noble role of prosecutors of an evildoer and defenders of victimized Ukrainians. Some academic-style publications have begun to join the fray, in an attempt to refine the propagandizing strategies.

    One good example is an article in The American Purpose by the National Endowment for Democracy’s vice-president for studies and analysis, Christopher Walker. In the piece titled, “The Kleptocratic Sources of Russia’s Conduct,” Walker builds his case around the idea that “Vladimir Putin and his gang are fixated on wealth and power.” The author admits being inspired by political analyst Daniel Kimmage, who in 2009 produced what Walker terms a “clear-eyed assessment of Putin’s Russia.” He cites this wisdom he gleaned from Kimmage: “The primary goal of the Russian elite is not to advance an abstract ideal of the national interest or restore some imagined Soviet idyll,” but “to retain its hold on money and power.”

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    Kimmage sums up one difficulty Americans have felt when dealing with Putin as an ideological adversary. Whereas the Soviet Union’s embrace of communism made the ideological gap visible even to moronic voters, Putin reigns over a nation that American consultants transformed in the 1990s into a capitalist paradise (i.e., a paradise for owners of capital). To distinguish Putin’s evil capitalism from America’s benevolent capitalism, Kimmage called the Russian version a “selectively capitalist kleptocracy.”

    Walker notes that “the system of ‘selectively capitalist kleptocracy’ in Russia that Daniel Kimmage described” 13 years ago has now “evolved in ways that are even more threatening to democracy and its institutions.”

    Today’s Weekly Devil’s Dictionary definition:

    Kleptocracy:

    The form of government universally adopted by all powerful nations at the end of the 20th century.

    Contextual Note

    An acerbic critic might be excused for not feeling particularly illuminated to learn that Putin and his cronies “are fixated on wealth and power.” Who would expect them to have a different philosophy and mindset than the leaders of every other powerful country in the world? The list includes those that claim to be faultless democracies, committed to implementing the will of the people. The first among them is, of course, the United States, but France, the United Kingdom and others adhere to the same sets of values, even if each of them has worked out more subtle ways of applying them. And, of course, Saudi Arabia stands at the head of everyone’s class as the exemplar of leaderships fixated on wealth and power.

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    Kimmage’s description of Russia as a “selectively capitalist kleptocracy” may be helpful in ways he may not have intended. Russia’s selective capitalist kleptocracy contrasts with America’s non-selectively capitalist kleptocracy. The real question turns around what it means to be selective or non-selective. Walker makes no attempt to differentiate the two because he believes the term kleptocracy only applies to Russia. But statistics about wealth inequality reveal that the American capitalist system has become a plutocracy that can make its own claim to being a kleptocracy.

    In 1989, the top 10% of income earners in the United States earned 42% of the total income, which is already significant. In 2016, they accounted for 50%. “By the start of 2021, the richest 1% of Americans held 32% of the nation’s wealth,” according to The New York Times. Between the start of 2020 and July 2021, “the richest 1% gained $10 trillion” in accumulated wealth.

    The gap is destined to keep widening. Unlike Putin’s oligarchy, composed of his “selected” friends and other winners of Russia’s industrial casino, the 1% in the US have non-selectively emerged to constitute a kleptocratic class that, thanks to a sophisticated system of governance, writes the laws, applies the rules and captures the new wealth that is programmed to gravitate towards them.

    Kimmage’s idea of a fixation “with wealth and power” correctly describes the mindset of the members of the American kleptocratic class, whether they are entrepreneurs with names like Jeff Bezos, Elon Musk, Mark Zuckerberg or Bill Gates, or politicians like Bill Clinton and Barack Obama who rose from poverty to convert power into riches and earn their place as servants of the kleptocratic class.

    Unlike Putin’s mafia-like political culture, the system in the US is subtle and sophisticated. It contains convenient paths to join the kleptocratic class, such as a Harvard or Stanford degree. But mostly it relies on fixation. Within the US kleptocratic class diversity exists. Some may be more focused on power (including cultural power) than wealth. But the fascination with both wealth and power is common to all. The system is built on the symmetrical principle that wealth feeds power and power feeds wealth.

    Walker accuses Putin of another grave sin, beyond kleptomania but including it: expansionism. He denounces the “spread of the roots and branches of a transnational kleptocratic system that stretches well beyond the Russian Federation to pose a multidimensional threat to free societies.”

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    How could a discerning reader not notice the dramatic irony here? Has Walker forgotten that Putin’s complaint about NATO is that, despite promises made to the contrary, it has spent 30 years aggressively expanding toward Russia’s most sensitive borders? Putin may be interested in expansion, but Eastern Europe has become a slow tug-of-war in which NATO, under US impulsion, has been the most active and insistent aggressor.

    In short, Walker has produced an essay that correctly identifies very real political evils within the Russian system. But they share the same basic traits as the politico-economic culture of the West under US leadership. In an absolute failure of self-recognition, Walker somehow manages to avoid acknowledging his own culture’s image reflected back to him into the mirror that has become the target of his complaints. That is because, in this article, he has focused on producing just one more example of what has now become the shameless, knee-jerk propaganda that pollutes Western media in this climate of an existential war from which the US has abstained, preferring to let the Ukrainians endure the sacrifice for the sake of American principles.

    Historical Note

    In the 17th century, European history began a radical transformation of its political institutions lasting roughly 300 years. After England’s Puritans beheaded their king and declared a short-lived Commonwealth, European intellectuals began toying with an idea that would eventually lead to the triumph of the idea, if not the reality of democracy, a system Winston Churchill generously called “the worst form of government except for all the others.”

    For the best part of the 19th and 20th centuries, representative democracy became the standard reference for everyone’s idea of what an honest government should be like, while struggling to find its footing with the concurrent rise of industrial capitalism. Capitalism generated huge inequality that seemed at least theoretically anomalous with the idea of democracy.

    During the late 20th century, industrial capitalism that had previously focused on production, productivity and mass distribution, gave way to financial capitalism. This new version of capitalism focused uniquely on wealth and power. In other words, democracies switched their orientation from a belief in their citizens’ anarchic quest for personal prosperity in the name of the “pursuit of happiness” to the elite’s concentrated focus on the acquisition and accumulation of money and clout.

    Embed from Getty Images

    This new social model merged the logic of democratically designed institutions with economic and legal mechanisms that created a sophisticated system at the service of a small number of individuals who understood and controlled the levers of wealth and political power. Their major cultural achievement consisted of giving a sufficiently wide base to this new form of plutocracy that disguised its kleptocratic reality.

    For nearly half a century, the Cold War promoted the spectacle of a combat between democratic capitalism and autocratic communism. Both sides seized the opportunity to build military powerhouses that could provide an effective shelter for the kleptocratic class. Once the heresy of communism was banished from Russia, it could morph, under Boris Yeltsin and then Vladimir Putin, into a caricature of the much more subtle kleptocracy encapsulated in Reaganomics.

    The Russian and American versions of economic power management shared the same orientations but deployed them in contrasting ways. Kleptocratic rule was at the core of both. Using a musical analogy, the American philharmonic version of kleptocracy was delivered in Carnegie Hall, with a fully orchestrated score. Russia offered an improvisational version delivered by local musicians in an animated tavern. In both cases, as the proverb says, “he who pays the piper calls the tune.”

    *[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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    A Fictional Debate Between a General and a Journalist

    Washington Post reporter Brandon Dyson emerges from the shadows in a street near Foggy Bottom after he recognizes General Edwin Moran leaving the State Department building and walking toward his car. Brandishing a microphone, Dyson rushes up to intercept him.

    FADE IN:

    EXT. Georgetown Street — Late Afternoon

    DYSON: General, if you could spare a minute, I’d like to get your take on how the Ukraine war’s going. Are you satisfied we’re achieving our objectives?

    MORAN: You’re a reporter. Read the papers.

    DYSON: I write for the papers, so I don’t necessarily trust everything I read. I’d like to get it from the horse’s mouth.

    MORAN: Look, you’re asking the wrong stallion. Address your questions to the politicians. The military’s job is to obey orders, not give interviews. Our opinion means nothing.

    DYSON: I’ve been talking to the politicians. I know what they’re saying, which is why I’d like to hear your thoughts. I’m interested in the military perspective, the feelings you guys have about your mission.

    MORAN: We don’t have feelings. We have orders. Orders lead to actions. Feelings come later.

    DYSON: OK, but everyone is acting like we’re engaged in a war. And you know much more about war than any politician.

    MORAN: Officially we’re at peace. So I have nothing to say.

    DYSON: We’re definitely in a major economic war that sits on top of a local shooting war. That’s a unique situation. The media are whipping the public into a frenzy of war fever. Do you feel you’re being sidelined?

    MORAN: Do I feel…? I told you, don’t ask me about my feelings.

    DYSON: Well, you and your colleagues must be wondering about what this frenzy means. You can see everybody in the media itching to take on the Russkis. Anyone who thinks a war isn’t necessary can be called a traitor. But at the same time, the official message is that we’re not going to battle.

    MORAN: We’re ready for any action that’s required. That’s all. For the moment, it’s the State Department’s war, not ours. Their weapons are sanctions and they have quite an arsenal.

    DYSON: So you admit that applying sanctions is the equivalent of war?

    MORAN: Sanctions actually kill people more surely and on a more massive scale than any non-nuclear weapons.

    DYSON: That’s the point. Critics point out that they target civilians and disrupt the survivors’ lives, people who have nothing to do with politics or combat, whereas war is supposed to be about opposing armies. Are you saying you consider sanctions a legitimate way to conduct war?

    MORAN: Well, if you really want my opinion, I’ll tell you. Sanctions make a mockery of the idea of war, which is always has been and should always be considered a noble pursuit. Politicians have no idea what true war is all about. They say they have a strategy, but they have no sense of operational goals.

    DYSON: If you admit they have a strategy, how would you assess their tactics?

    MORAN: We don’t try. All we can do is hope they come out victorious.

    DYSON: Have they given you military people any idea of what victory would look like?

    MORAN: From what I can tell, it’s bringing down the evildoer, Vladimir Putin.

    DYSON: So, it’s regime change?

    MORAN: That’s what it looks like.

    DYSON: Blinken absolutely denied that last week on “Face the Nation.” But he does say it’s about provoking the devastation of the Russian economy.

    MORAN: Pretty much the same thing.

    DYSON: The French minister Bruno Le Maire said something similar, about provoking the total collapse of the Russian economy. It’s beginning to sound like “Carthago delenda est.”

    MORAN: Is that French?

    DYSON: No, Latin. You know, Cato.

    MORAN: Are you telling me the French minister works for the Cato Institute here in DC?

    DYSON: No, it’s what Cato the Elder said during one of the Punic wars.

    MORAN: It’s disrespectful to call any of our wars puny, even if we have to admit there were a few failures.

    DYSON: I’m talking about ancient Roman history. Cato was a Roman politician who preached the destruction of Carthage around 200 BC. He ended all his speeches at the Senate with the catchphrase, “Carthage must be destroyed.” You must have studied the Punic wars? The Romans went ahead and definitively wiped Carthage off the map in 146 BC, killing or enslaving every one of its citizens.

    MORAN: Oh, yeah. I remember hearing about that in my history classes at West Point. That was a time when politicians knew how to finish off the quarrels they started.

    DYSON: So, is that what we’re talking about now? Destroying Russia?

    MORAN: Don’t see how that can work without a nuclear attack. But if they can bring down the regime with sanctions, more power to ‘em. After the habitual “mission accomplished” moment they always love to stage, they’ll probably call us in to clean up the mess. That generally doesn’t go very well, but we’ll make the best of it.

    DYSON: As you always do, I guess. Well, thanks for the valuable insight. I’m very grateful.

    MORAN: You’re not going to quote me on any of this? You do and I’ll make sure every officer down to the rank of lieutenant knows your name. You’ll never get another story from the Pentagon.

    DYSON: Hey, I was only interested in your ideas. And, don’t worry, I won’t take any direct quotes or mention your name. Trust me, I work for The Washington Post.

    Disclaimer: This fictional dialogue exists for entertainment purposes only. The ideas expressed in it are totally imaginary. Its eventual inclusion in any Hollywood movie or television script will be subject to negotiating authoring rights with Fair Observer. That is nevertheless highly unlikely for the simple reason that some of the reflections in the dialogue appear to contradict the widely held beliefs spread in the propaganda that now dominates both the news media and the entertainment industry.

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