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    Trump plots capture of DoJ in renewed assault on US justice system

    Donald Trump is planning an assault on the American justice system should he win re-election to the White House, in which he would seek to destroy the independence of the justice department and turn it into an attack machine for his Make American great again (Maga) movement.At the heart of his plans is the desire to impose his will on the individual prosecutorial decisions taken by the Department of Justice. The move, if successful, would end half a century of accepted practice that prevents presidents from politically interfering with specific cases.It would allow Trump in his second term to eradicate the federal prosecutions currently being pursued against him as well as against insurrectionists who stormed the US Capitol on 6 January 2021 whom he has championed as “hostages”. It would also free him to instigate legal investigations as acts of revenge against his perceived political enemies, including Joe Biden and family.“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Trump said last year.No evidence has been presented linking Biden to any crime, though his son Hunter Biden did go on trial on Monday accused of falsifying a firearms license application.Trump repeated the threat that he use the justice system to go after his opponents on Tuesday, telling Newsmax that the prosecutions against him had set a “terrible precedent” that he implied he would turn against Democrats should he win in November. “It’s a terrible, terrible path that they’re leading us to, and it’s very possible that it’s gonna have to happen to them.”In his first White House term, Trump made clear that he aspired to total control of the DoJ. He failed in that attempt, largely because of the resistance of top justice officials.Trump’s determination to overcome the norm is now much more advanced than it was four years ago. His disdain for the fundamental building blocks of the justice system was on full display following his New York conviction last week on 34 counts of falsifying business records to cover up an affair with the adult actor Stormy Daniels.In comments widely echoed by senior Republicans, Trump denounced the trial as “rigged” – an echo of his false claim that the 2020 presidential election was stolen from him.“His message is that whenever anything comes out in a way that isn’t positive for me, it’s illegitimate,” said Rebecca Roiphe, a law professor at New York Law School. “If people start to believe that, then really, you don’t have any rule of law.”Independence and impartiality were baked into the justice department in the wake of Richard Nixon’s abuses in the 1970s Watergate scandal, ensuring that while presidents can appoint the attorney general who heads the DoJ, as well as set general law enforcement priorities, they cannot influence individual cases.View image in fullscreenThat norm has held steady for 50 years, but it remains vulnerable to attack. Roiphe co-authored a study into whether presidents can control the justice department, concluding that while DoJ independence has become a cornerstone of American democracy, it is not so secure that “it couldn’t be dismantled by a president who was firmly committed to doing so”.Trump allies have been busy in recent months in laying down legal arguments for why he should be permitted to wield absolute power over federal legal decisions. The most significant work has been done by Jeff Clark on behalf of the Center for Renewing America, the rightwing thinktank led by Russ Vought.Vought, Trump’s former budget director, is considered a contender for White House chief of staff in a second term. He is a central participant in Project 2025, a mammoth effort by a coalition of rightwing groups to prepare a blueprint for a renewed Trump presidency.In an article titled “The US Justice Department Is Not Independent”, Clark argues that the practice of avoiding direct contact between the White House and the attorney general that has pertained since the Carter administration must be swept away. “Under the constitutional system as it stands, DoJ independence does not exist,” he wrote.This quasi legal doctrine has been dubbed the “unitary executive theory”, signifying the sole power of the president over all federal government affairs.Clark was at the center of Trump’s most egregious attempt to seize control of DoJ decision-making during his first term. In January 2021, at the climax of the “stop the steal” campaign, Trump tried to make Clark acting attorney general in place of Jeffrey Rosen who was refusing to play along with his election denial conspiracy.Clark, a relatively unknown justice official, was only stopped after several senior DoJ officials threatened to resign.He has written the roadmap that would allow Trump to demand a halt to the federal prosecution for his role in January 6 in which Clark himself is an unnamed co-conspirator.As Steve Bannon, Trump’s former chief White House strategist, put it on his War Room podcast, the DoJ would be purged and restructured to “get rid of lots of personnel”.A key early move would be choosing an attorney general open to the idea of the unitary executive theory. Problems with senate confirmation, which is designed as a check on presidential power, could be overcome at least in the short term by appointing an acting attorney general who can operate without congressional approval.Early moves on the part of the new attorney general would include dismissing the current special counsel Jack Smith. That in turn would pave the way for the termination of Smith’s two federal prosecutions against Trump – the January 6 case and the charges relating to Trump’s hoarding of confidential documents at his Mar-a-Lago resort.The former president has also proposed forming a taskforce to review the cases of what he has called “every political prisoner who has been unjustly persecuted by the Biden administration”. The trawl would likely be directed at pardoning January 6 rioters.Trump has indicated that he would deploy prosecutorial powers against Democratic foes, but he also has Republicans in his sights. The Washington Post reported that in private he has expressed a desire for revenge even against leading figures in his first administration who have since become critics. They include his former chief of staff John Kelly, former attorney general Bill Barr and ex-attorney Ty Cobb.Roiphe said that the structure of the criminal justice system, including grand juries and trial procedures, would stand in the way of any attempt to prosecute innocent people. But she warned of the possible corrosion of faith in the system that could ensue, with potentially dire long-term consequences.“That’s what happens in authoritarian states – there is a semblance of a legal system, but it becomes useless,” she said. “If that happens here it would be extremely troubling. We’re not there yet. But I do think a second term could cause significant damage that may or may not be permanent.” More

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    Merrick Garland hits back at Trump and Republicans: ‘I will not be intimidated’

    US attorney general Merrick Garland has defended his stewardship of the justice department in a combative display on Capitol Hill that saw him accusing Republicans of attacking the rule of law while telling them he “will not be intimidated.”Testifying before the House judiciary committee, Garland accused GOP congressmen of engaging in conspiracy theories and peddling false narratives.“I will not be intimidated,” Garland told lawmakers. “And the justice department will not be intimidated. We will continue to do our jobs free from political influence. And we will not back down from defending our democracy.”Garland’s fiery speech pushed back hard on the claim that the prosecution of Donald Trump – in the hush-money case that last week resulted in the president being convicted of 34 felony charges – was “somehow controlled by the justice department”.He described Republican attacks on the justice department under his watch as “unprecedented and unfounded”, vowing not to allow them to influence his decision-making.Garland also upbraided Trump for claiming the FBI had been “authorized to shoot him” dead when they raided his Mar-a-Lago home in Florida to retrieve classified documents in 2022.“This is dangerous,” Garland told the committee. “It raises the threats of violence against prosecutors and career agents. The allegation is false.”Garland, 71, is currently overseeing special prosecutor Jack Smith’s investigations into Trump, and a prosecution of Joe Biden’s son Hunter. He was summoned to testify amid Republican assertions that the justice department had been “weaponised” against the former president, a claim Trump has stoked.His appearance came as he faces the likelihood of being held in contempt of congress for declining to hand over audio recordings of an interview between another special prosecutor, Robert Hur. Hur was appointed by Garland to investigate Joe Biden’s alleged mishandling of classified documents, an offence similar to some of those for which Trump is being investigated.Hur concluded that Biden had committed no crime but raised questions about Biden’s age and allegedly poor memory.Referring to Republican threats to hold him in contempt, Garland said: “I view contempt as a serious matter. But I will not jeopardize the ability of our prosecutors and agents to do their jobs effectively in future investigations.”A full transcript of Biden’s interview with Hur was made public. But the White House rejected Republican demands for the audio to be released, arguing that it served no useful purpose other than to enable the president’s opponents to splice the recording to make him appear confused, perhaps by emphasizing his stammer.Garland said releasing the audio could have the effect of deterring future witnesses from cooperating in justice department investigations if they thought their words might be made public.In his opening statement, he said the Republicans were “seeking contempt as a means of obtaining – for no legitimate purpose – sensitive law enforcement information that could harm the integrity of future investigations”.“This effort is only the most recent in a long line of attacks on the justice department’s work,” he added.The committee chairman, Jim Jordan – a rightwinger Republican from Ohio – set the tone for the hearing, saying: “Justice is no longer blind in America. Today it’s driven by politics. Example number one is President Trump.”Matt Gaetz, another hard-right Republican from Florida, accused Garland of dispatching a former justice department official, Matthew Colangelo, to Manhattan, where he now serves as assistant district attorney and helped prepare the case against Trump.Garland replied: “That is false. I did not dispatch Colangelo.” More

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    Biden pledges billions to rebuild cities ‘torn apart’ by highways decades ago

    Joe Biden hailed the beginning of $3.3bn in infrastructure spending on US projects on Wednesday “to right historic wrongs” with efforts to reconnect city neighborhoods riven by interstate highways that plowed with particular impunity through many Black, brown, Asian American and Hispanic communities decades ago.The US president was in Milwaukee, where he traveled to announce new infrastructure investment and officially open his election campaign’s Wisconsin office in the vital swing state.Democratic party campaigns in Wisconsin are typically run from the state capital, Madison, whereas the Biden re-election campaign has picked Milwaukee, the more industrial and diverse city on Lake Michigan, where 40% of residents are Black. The Republicans will hold their convention in Milwaukee in July.Biden is striving to make an impact on the campaign trail in a number of swing states this week after his fiery State of the Union speech last week.He travels to Michigan on Thursday, part of the “blue wall”, along with Pennsylvania, where Biden was born and has made more campaign trips than any other state.Donald Trump flipped all three states to win the White House in 2016, but Biden took them back four years ago and almost certainly needs to hold them if he is to secure a second term.Biden and Trump unofficially clinched their parties’ respective nominations on Tuesday night after more primary wins, and expect to be officially anointed at their party conventions this summer.The rare presidential election rematch, the first since 1956, comes while Trump is due in court later this month for the first-ever criminal trial of a former US president, with more to come as he faces 91 criminal charges across four cases at federal and state levels.On Wednesday, the White House declared that $3.3bn in federal funding is being allocated in more than 40 states, originating from the Biden administration’s 2021 infrastructure legislation, to help areas “divided by transportation infrastructure decades ago and [that] have long been overlooked”.Biden announced a $36.6m federal grant on his Milwaukee visit to upgrade sidewalks and create cycle lanes, greater access to mass transit and more greenery in the South 6th Street area of Bronzeville, a historic majority African American neighborhood.Biden said the construction of interstate highways there led to the demolition of roughly 17,000 homes and 1,000 businesses, disproportionately impacting Black and poor neighborhoods in the 1960s, with a losses of prosperity and opportunities “that still reverberate today”.He pledged “to right historic wrongs and, in the process, deliver environmental justice to disadvantaged neighborhoods”.The US transportation department estimates that at least a million people and businesses in the US were displaced by decades of harmful urban renewal projects in the buildout of the federal highway system, a statement from the White House said.Biden said: “The story of Bronzeville here in Milwaukee is one we see all across the country. Our interstate highway system laid out in the 1950s was a groundbreaking connection of our nation, coast to coast … but instead of connecting communities, it divided them.”He added: “These highways actually tore them apart … along with redlining, they disconnected entire communities from opportunities, sometimes, in an effort to reinforce segregation.”Biden also took a jab directly at Trump’s conduct in dealing with the outbreak of the coronavirus pandemic in 2020, when he was president.“My predecessor failed at the most basic duty any president owes the American people – the duty to care,” he said.The Associated Press contributed reporting More

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    US lawmakers present bill to fund government and avert shutdown

    US congressional negotiators on Sunday revealed a bill to fund key parts of the government through the rest of the fiscal year that began in October, as lawmakers faced yet another threat of a partial shutdown if they fail to act by Friday.The legislation sets a discretionary spending level of $1.66tn for fiscal 2024, a spokesperson for Democratic Senate majority leader Chuck Schumer said. It fills in the details of an agreement that Schumer and Republican House of Representatives speaker Mike Johnson set in early January.Lawmakers last week passed the fourth stopgap measure since 1 October to keep the government funded, and set themselves two quick deadlines to act, with funding for a part of the government including the Department of Transportation and the Food and Drug Administration running out on 8 March and most other federal agencies partially shutting down on 22 March.The 1,050-page bill lays out in detail funding for six of the dozen segments of the government that Congress is charged with allocating money for, with the next six due by later in the month.The bill “maintains the aggressive investments Democrats secured for American families, American workers, and America’s national defense”, Senate majority leader Chuck Schumer said in a statement.Johnson in a statement said “House Republicans secured key conservative policy victories, rejected left-wing proposals, and imposed sharp cuts to agencies and programs critical to the President Biden’s agenda.”While the top leaders of Congress have agreed on the deal, it still faces some challenges, notably opposition by hardline Republicans in the House, who have repeatedly called for sharp spending cuts and typically do not vote for spending bills.That hardline energy, which led to the ouster of Johnson’s predecessor Kevin McCarthy, has also gained steam in the traditionally more staid Senate, leading to top Republican Mitch McConnell’s decision last week to step down from his leadership role at the end of this year.House Republicans were touting the bill as a win, although with a deeply divided caucus they had little negotiating power. The bill includes a 10% cut in funding to the Environmental Protection Agency, 7% to the Bureau of Alcohol, Tobacco and Firearms and 6% to the FBI.skip past newsletter promotionafter newsletter promotionSchumer meanwhile emphasized that the bill fully funds a health program for low-income families, “makes critical investments in our infrastructure, and strengthens programs that benefit services for our veterans”.The ongoing brinkmanship and the nation’s $34tn debt has unnerved credit agencies. Moody’s downgraded its financial outlook on the United States from “stable” to “negative” in November, citing large fiscal deficits and increasing political polarization, though Fitch on Friday affirmed a “stable” outlook.The House will have to vote on the bill first before the Senate can take up the package before Friday, Schumer said. The House is due to return to Washington on Tuesday. More

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    The Rebels review: AOC, Bernie, Warren and the fight against Trump

    In 2017, mere months after Donald Trump settled into the White House, Joshua Green of Bloomberg News delivered Devil’s Bargain, a mordantly amusing but deadly serious take on the 45th president and his relationship with Steve Bannon, the far-right ideologue who became Trump’s chief strategist. With wit, insight and access, Green informed, entertained and horrified. More than six years later, both Trump and Bannon face criminal trials. Then again, the band may soon be back together – in the West Wing.Green is acutely aware of the economic and social cleavages that roil the US and divide Democrats ranged against the Republicans’ rightward turn. With his new book, The Rebels, he shifts his gaze to three notables of the Democratic left: two senators, Elizabeth Warren of Massachusetts and Bernie Sanders of Vermont, and Alexandria Ocasio-Cortez, a congresswoman from New York. Once again, Green’s work is smart, sharp and smoothly written.Warren and Sanders failed in bids to become president. In 2020, his second such primary campaign, Sanders won early contests but saw his ambitions crash in South Carolina. That heavily African American primary electorate wasn’t all that keen on Brooklyn-bred progressivism, as Sanders offered.As for Warren, she failed to win a single contest and finished third in her home state, behind Sanders and Joe Biden. What worked for her in debates, congressional hearings and the faculty lounge did not resonate with voters. A highly contentious claim to be Native American raised damning questions too.Still, Warren’s critiques of the mortgage meltdown and resulting displacements provided intellectual heft for the populist left. Furthermore, unlike Biden she was intellectually brilliant and not beholden to Delaware and its credit card giants. Warren was a harsh critic of Wall Street too. The two billionaires in the 2020 race, Michael Bloomberg and Tom Steyer, regularly felt her sting. Ditto Tim Geithner, first treasury secretary to Barack Obama and another key character in Green’s book.Warren made an impact. Green writes: “Knowing [Trump’s] commitment to economic populism was merely rhetorical, Bannon fretted that Warren would lure away blue-collar voters with a program he described as ‘populist Democratic nationalism’.”In the House, Ocasio-Cortez, who at 34 is decades younger than Warren, Biden and Sanders, is the one member of the “Squad” of progressives who possesses the tools and dexterity to play politics nationally. She is emotionally grounded.At one 2019 hearing, the congresswoman widely known as AOC filleted Mark Zuckerberg over Facebook’s ties to Cambridge Analytica, the now-defunct data-harvesting and research firm owned by Bannon and the rightwing Mercer family. She also put the wood to Exxon over its early but non-disclosed knowledge about global heating and its effects.All three of Green’s subjects convey seriousness. Humor, less so. Nonetheless, the book offers a valuable recapitulation of the crack-up of the New Deal coalition, the impact of Ronald Reagan’s victories and the continued reverberations of the Great Recession of 2008.The Democrats hold the White House and the Senate but their future is unclear. Non-college graduates, regardless of race, find less to love in the historic home of working America. Green seizes on the havoc wrought by economic liberalization, financialism and expanded trade with China – factors that have driven a wedge between the Democrats and what was once their base.Convincingly, Green argues that neo-liberalism is in retrograde and that Biden is more a transitional figure than a harbinger of what comes next. Even so, Biden tacked left – instead of pivoting toward the center – as he faced Trump in 2020.In 2021, on inauguration day, Biden issued the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. His White House intoned: “Advancing equity is not a one-year project – it is a generational commitment that will require sustained leadership and partnership with all communities.”Good luck with that. The controversial fall of Claudine Gay, the first Black president of Harvard, who came under sustained conservative fire over the Israel-Hamas war, student protest and allegations of plagiarism in her work, is just one recent illustration of how tough such terrain will remain.Green traces many Democratic dilemmas to 1980, when Reagan handily defeated an incumbent president, Jimmy Carter. Afterwards, Democratic mandarins concluded that the old-time religion of lunch-bucket liberalism needed to make room for market-based economics. Reagan’s embrace of tax cuts and reduced government resonated with the public. Bill Clinton and Barack Obama came to stand as heirs of that strategic decision. But it was about more than “it’s the economy, stupid”, as Clinton would learn on the job.skip past newsletter promotionafter newsletter promotion“You mean to tell me that the success of the program and my re-election hinges on the Federal Reserve and a bunch of fucking bond traders?” Clinton told Robert Rubin, his treasury secretary, a former head of Goldman Sachs.James Carville, the guru of Clinton’s first victory, later said that were he to be born again, he wanted to be reincarnated as the most powerful thing in the world: the bond market.Green homes in on the close relationships that existed between the Obama administration and Wall Street. In 2008, for all the then Illinois senator’s talk of hope and change, he was the financial sector’s choice for president over John McCain. Green quotes Geithner’s pitch to Obama for the treasury slot, and describes how Geithner beat out Larry Summers, Rubin’s successor, to secure the job.Green also examines how in saving the financial system despite its players’ unadulterated greed and stupidity, Geithner helped incubate resentments that haunt the US today.“In a crisis, you have to choose,” Geithner said. “Are you going to solve the problem, or are you going to teach people a lesson?”In 2016, when Trump beat Hillary Clinton, voters did the latter. Ten months from now, they may do so again.
    The Rebels: Elizabeth Warren, Bernie Sanders, Alexandria Ocasio-Cortez, and the Struggle for a New American Politics is published in the US by Penguin Random House More

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    It’s the democracy, stupid … and other issues set to shape the 2024 US election

    Whether or not the 2024 US presidential election presents the expected Joe Biden v Donald Trump rematch, much will be at stake.From the future of reproductive rights to the chances of meaningful action on climate change, from the strength of US support for Ukraine in its war with Russia to the fate of democracy in America itself, existential issues are set to come to the fore.Economy“It’s the economy, stupid.” So said the Democratic strategist James Carville, in 1992, as an adviser to Bill Clinton. Most Americans thought stewardship of the economy should change: Clinton beat an incumbent president, George HW Bush.More than 30 years later, under Joe Biden, the post-Covid recovery seems on track. Unemployment is low, the Dow at all-time highs. That should bode well for Biden but the key question is whether enough Americans think the economy is strong, or think it is working for them in particular. It seems many do not. Cost-of-living concerns dominate public polling, inflation remains high. Republican threats to social security and Medicare might offset such worries – hence Biden (and indeed Donald Trump) seizing on any hint that a Republican candidate (see, Nikki Haley) might pose a threat to such programmes.EqualityRon DeSantis made attacks on LGBTQ+ rights a hallmark of his attempt to “Make America Florida”. The hardline governor’s tanking campaign suggests how well that has gone down but Republican efforts to demonise all forms of so-called “woke” ideology should not be discounted. There have been tangible results: anti-trans legislation, book bans and restrictions on LGBTQ+ issues in education, the end of race-based affirmative action in university admissions thanks to the conservative-packed supreme court.Continuing struggles on Capitol Hill over immigration, and Republicans’ usual focus on crime in major cities, show traditional race-inflected battles will play their customary role on the campaign trail, particularly as Trump uses extremist “blood and soil” rhetoric in front of eager crowds. On the Democratic side, meanwhile, a distinctly worrying sign: Black and Hispanic support for Biden is no longer such a sure thing.AbortionHigh-ranking Democrats are clear: the party will focus on Republican attacks on abortion rights, from the Dobbs v Jackson supreme court ruling that struck down Roe v Wade last year to the forthcoming mifepristone case, draconian bans in Republican states and candidates’ support for such bans.For Democrats, it makes tactical sense: the threat to women’s reproductive rights is a rare issue on which the party polls very strongly and has clearly fuelled a series of electoral wins, even in conservative states, since Dobbs was handed down.Trump, however, clearly also recognises the potency of the issue – while trying to dodge responsibility for appointing three justices who voted to strike down Roe. Haley and DeSantis have tried to duck questions about their records and plans on abortion. Whoever the Republican candidate is, they can expect relentless attacks.skip past newsletter promotionafter newsletter promotionForeign policyThe Israel-Gaza war presents a fiendish proposition for Biden: how to satisfy or merely mollify both the Israel lobby and large sections of his own party, particularly the left and the young more sympathetic to the Palestinians.Proliferating protests against Israel’s pounding of Gaza and the West Bank show the danger of coming unglued from the base. A recent Capitol Hill hearing, meanwhile, saw Republicans claim a political victory with the resignation of the president of the University of Pennsylvania over alleged antisemitism amid student protests for Palestinian rights.Elsewhere, Biden continues to lead a global coalition in support of Ukraine in its fight against Russia but further US funding is held up by Republicans seeking draconian immigration reform, some keen to abandon Kyiv altogether. Throw in the lasting effects of the chaotic withdrawal from Afghanistan (teed up by Trump but fumbled by Biden), questions about what the US should do should China attack Taiwan, and the threat Trump poses to US membership of Nato, and heavy fire on foreign policy is guaranteed throughout election year.DemocracyIf Biden is happy to be seen as a protector of democracy abroad, he is increasingly keen to stress the threat to democracy at home. After all, his most likely opponent refused to accept the result of the 2020 election, incited the deadly attack on Congress of 6 January 2021, has been linked to plans to slash the federal government in a second term, and has even said he wants to be a “dictator” on day one.Trump will no doubt maintain the lie that his 2020 defeat was the result of electoral fraud as various criminal cases proceed towards trial, 17 of 91 state and federal charges concerning election subversion. For Biden, the issue has been profitable at the polls. DeSantis and Haley, though, must dance around the subject, seeking not to alienate Trump supporters. The New York Times sums up their responses, dispiritingly, thus: DeSantis “has signed restrictions on voting rights in Florida, and long avoided questions about 2020”; Haley “said Biden’s victory was legitimate, but has played up the risk of voter fraud more broadly”.ClimateIf Trump threatens US democracy, the climate crisis threatens the US itself. From forest fires to hurricanes and catastrophic floods, it is clear climate change is real. Public polling reflects this: 70% of Americans – strikingly, including 50% of Republicans – want meaningful action. But that isn’t reflected in Republican campaigning. Trump says he doesn’t believe human activity contributes to climate change, nor that climate change is making extreme weather worse, and is opposed to efforts to boost clean energy. Haley does believe humans are causing climate change and making weather worse, but worked for Trump as UN ambassador when the US pulled out of the Paris climate deal and opposes clean energy incentives. DeSantis is closer to Trump – and wants to end regulation of emissions.Biden’s record on climate may be criticised by campaigners but his record in office places him firmly against such Republican views. More

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    Biden poised to loosen restrictions on marijuana, but some say it’s not enough

    The US government appears poised to announce next year the most sweeping changes in decades to how it handles marijuana, the psychoactive drug dozens of states allow to be sold from storefronts, but which federal law considers among the most dangerous substances.Evidence suggests that Joe Biden’s administration, responding to a policy the president announced last year, is working on moving marijuana to schedule III of the Controlled Substance Act (CSA), a change from its current listing on the maximally restrictive schedule I. That would lessen the tax burden on businesses selling the drug in states where it is legal, and potentially change how police agencies view enforcement of marijuana laws.“If it’s going to be finalized at schedule III, it’s going to be the moment that the industry really is able to turn the corner and we begin to see the growth in the cannabis space amongst the legal operators that we’ve been waiting on for so long,” said David Culver, senior vice-president of public affairs for the US Cannabis Council, a trade group.But other marijuana legalization advocates regard changing its classification as a half-measure that would do nothing to resolve conflicts between state and federal laws that emerged after weed legalization picked up speed a decade ago.Marijuana faces the same federal restrictions as drugs like heroin and ecstasy under the Controlled Substances Act (CSA), but 38 states have approved its use for medical conditions, and 24 states and the District of Columbia allow adults to also consume it recreationally. That conflict has complicated the marijuana industry in states where it is legal, particularly when it comes to access to banking services, and Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (Norml), said rescheduling the drug would not resolve that.“Classifying it as schedule III would make every existing state cannabis law that’s currently inconsistent with federal law as equally inconsistent going forward. So, it doesn’t solve any of the problems before it,” he told the Guardian.“It needs to be descheduled for logistical reasons, for practical reasons, because we have a system right now where the majority of states are choosing to regulate marijuana as a legal commodity through their own state-specific systems, and that act is not permitted for any substance that is in the CSA. That is only permitted for substances that are not scheduled.”Last month, Gallup released a survey that found 70% of Americans think marijuana use should be legal, a record number.Biden does not appear ready to go that far. In his statement announcing marijuana reform, which was released about a month before last year’s midterm elections, the president pardoned all people convicted of simple marijuana possession federally, and also kicked off the review of the drug’s classification under the CSA.That process is typically a bureaucratic affair, in which the Department of Health and Human Services reviews the substance and sends its findings to the Drug Enforcement Administration (DEA), which then decides whether to change its classification. Yet signs have already emerged that marijuana is being treated like no drug before it.On 30 August, the US health and human services secretary, Xavier Becerra, announced on X that his department had completed its review, an unusual public status update for a process that is typically opaque. And his account made the post at 4.20pm, a number of great significance in cannabis culture.Becerra did not specify what his department had recommended, but Bloomberg News obtained a letter from HHS to the DEA that recommended marijuana be put on schedule III, alongside drugs like ketamine and anabolic steroids.Tahir Johnson, a board member at Minority Cannabis Business Association who is planning to open a dispensary in New Jersey next month, said rescheduling would help his business by lessening its tax burden. Federal law currently prohibits marijuana businesses from deducting their expenses from their income, meaning they sometimes pay tax rates upwards of 80%.“It will help all cannabis businesses. But, I think especially for minority businesses, where capital and finances are tight, being able to alleviate that is certainly meaningful,” said Johnson.Armentano also expects a rescheduling could help Biden’s reputation with the voters who make up the Democratic coalition, as well as people outside his base. Gallup found 87% of Democrats think marijuana should be legal, along with 55% of Republicans and 64% of people older than 55.“It behooves the president to have this core base passionate about something that he’s doing to try to address the enthusiasm gap that he seems to have now,” he said.Kevin Sabet, president of Smart Approaches to Marijuana, which opposes legalizing the drug, argued dropping pot to a lower CSA schedule would harm public health.“It’s going to ramp up commercialization, it’s going to ramp up the marketing and the glamorization of marijuana,” Sabet said. “It’s going to do that both in a practical way with this deducting expenses, and it’s going to do so in a global way, by just sending the message that this is harmless.”Until marijuana is legalized federally, it will still be up to Congress to resolve the conflicts between state and federal law, and progress there has been slow. A bill to allow cannabis businesses access to more financial services, known as the Safer Banking Act, has been passed by the House of Representatives six times, and is currently working its way through the Senate.Starting in 1972, groups including Norml have petitioned the DEA and HHS to reschedule marijuana, to no avail. Armentano said the stage appears to be set for political considerations to finally get federal agencies to back down, at least partially.“Frankly, if this petition is successful, and the DEA reverses 50 years of precedent, then it just speaks to the fact that all along this process has simply been a political one,” he said. More

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    America’s undying empire: why the decline of US power has been greatly exaggerated

    In recent years, the idea that the United States is an empire in decline has gained considerable support, some of it from quarters that until very recently would have denied it was ever an empire at all. The New York Times, for instance, has run columns that describe a “remarkably benign” American empire that is “in retreat”, or even at risk of decline and fall.Yet the shadow American power still casts over the rest of the world is unmistakable. The US has military superiority over all other countries, control of the world’s oceans via critical sea lanes, garrisons on every continent, a network of alliances that covers much of the industrial world, the ability to render individuals to secret prisons in countries from Cuba to Thailand, preponderant influence over the global financial system, about 30% of the world’s wealth and a continental economy not dependent on international trade.To call this an empire is, if anything, to understate its range. Within the American security establishment, what it amounted to was never in doubt. US power was to be exercised around the world using the “conduits of national power”: economic centrality, military scale, sole possession of a global navy, nuclear superiority and global surveillance architecture that makes use of the dominant American share of the Earth’s orbital infrastructure.If proponents of the end of the US global order do not assert a decrease in the potency of the instruments of American power, that is because there has been no such decrease. The share of global transactions conducted in dollars has been increasing, not declining. No other state can affect political outcomes in other countries the way the US still does. The reach of the contemporary US is so great that it tends to blend into the background of daily events. In January 2019, the US demanded that Germany ban the Iranian airline Mahan Air from landing on its territory. In September 2020, it sanctioned the chief prosecutor of the international criminal court for refusing to drop investigations into American citizens. In February 2022, at US request, Japan agreed to redirect liquefied fossil gas, which is critical to Japanese industry, to Europe in the event of a conflict with Russia over Ukraine. At the height of that conflict, the secretary of state, Antony Blinken, found the time to visit Algiers to negotiate the reopening of a gas pipeline to Spain via Morocco. These were all quotidian events, unremarkable daily instances of humdrum imperial activity. The practical operation of the empire remains poorly understood, not despite its ubiquity, but because of it.From this perspective, the menial adherence of Britain to the US global project is at least intelligible. Historically, American planners divided their approach to the rest of the world by region. In western Europe and Japan, American interests were usually pursued by cautious political management. In Latin America and the Middle East, constant interventions, coups and invasions were needed. In east Asia and south-east Asia there was military exertion at scale. As long as it lasted, the Soviet Union was cordoned off and contained, against the wishes of the generals in the US Strategic Air Command, who would have preferred to destroy it in a nuclear holocaust. The major US allies were on the right side of this calculus and had less reason to begrudge it.When dealing with the US, elites in countries on the periphery of the global economy still often behave as though they are dealing with the imperial centre. The US permits a variety of political systems in its subordinates. US client states include medieval monarchies in the Arab Gulf, military juntas like Abdel Fatah al-Sisi’s Egypt, personal presidential autocracies in the Philippines and Thailand, apartheid parliamentary systems like Israel and reasonably democratic systems with greater social equity and conditions than the US itself. What is required is not democracy, but reasonably close allegiance to American foreign policy goals.In Britain’s case, accordance with US foreign policy has been so consistent, over time and between political factions, that one must wonder whether Britain retains an independent foreign policy at all. The stance of Boris Johnson’s government – “stay close to the Americans” – continued uninterrupted through the collapse of the Truss government and the troubled ascent of Rishi Sunak. In Ukraine, the vision was straightforwardly that of Britain as airbase, provider of troops to the Baltic frontier, and advanced anti-tank weapons when needed. As prime minister, Sunak may have discovered the promises made by his two forebears to increase military spending to 2.5% or 3% of GDP were beyond the capacity of the Treasury, but the decision to back away from those pledges was based on finances, not a different political programme. British leaders may talk of a shifting world system, but the subordinate style in British foreign policy persists.To its credit, the contemporary US foreign policy establishment has shown some candour about its world-ordering ambitions. Much of the discussion takes place in public between a nexus of thinktank and academic institutions, such as the Council on Foreign Relations (CFR), the Kennedy School at Harvard, the Wilson Center, the Brookings Institution and the Carnegie Foundation. Respectable pillars of the establishment such as Michael Mandelbaum at Johns Hopkins University (formerly of the CFR) have talked of the US acting as “the world’s government”. By 2011, John Ikenberry – the central intellectual figure behind the idea that the US builds and upholds a “liberal international order” – was willing to entertain the idea of “imperial tendencies” in US actions deriving from its overwhelmingly powerful global position. Some discussion has begun about the kinds of imperial activity in which the US should engage. In 2014, Barry Posen, the director of the security studies programme at MIT, began to advocate for US “restraint” in the use of force in global affairs, if only for the ultimate goal of the empire’s reinvigoration. But whatever the merits of these contributions, hegemonists who seek American primacy and neo-cold warriors fixed on the likelihood of a confrontation with China have retained a plurality.For more than a decade, commentators on international affairs have obsessed over the supposed transition from a unipolar order, in which the US is the sole global superpower, to a multipolar or polycentric world in which the distribution of power is less lopsided. But this is easy to overstate. International affairs scholars have long predicted a return to a balance of power among the great states, as a correction to the enormous imbalance represented by the US since the late cold war, if not since the end of the second world war. One question is why it seems to have taken so long. Stephen Brooks and William Wohlforth, two scholars at Dartmouth College, persuasively argued that the extent of American power had to be reckoned with in a different way: the US had attained power preponderance – a degree of global power so great that its very extent served to disincentivise other states from challenging it.To many observers, the election of Donald Trump in 2016 was another omen of American decline. Most of the US national security establishment did not welcome Trump’s rise, and four years later would cheer his departure. In parts of the Holy Roman empire, a new prince was obliged not just to attend the funeral of his predecessor but to bury the body. After Joe Biden’s victory in 2020, many Trump opponents appeared to desire the finality of interment.It was clear why Biden’s victory was seen as a form of deliverance by many in the US. But a similar view was not uncommon among the elites in the core American allies. When the election results came through, the Frankfurter Allgemeine Zeitung carried the news under the headline “Demonstrativ Staatsmännisch” (Demonstratively Statesmanly), reflecting a belief that a Biden victory represents a return to dignity and rectitude. In the Washington Post, one columnist wrote that Biden held the promise of salvation from the Trump days: “A return to a bipartisan, internationalist foreign policy that moderate Republicans and Democrats have long championed.” For the New York Times, the moment would be accompanied by “sighs of relief overseas”. In Britain there was more ambiguity: Rishi Sunak’s future adviser James Forsyth wrote that the end of Trump was a “mixed blessing”: Biden would “take the drama out of Anglo-American relations” but might punish Britain over Brexit.The Trump administration’s foreign policy was more orthodox than is generally admitted. While derided as an isolationist by the US bureaucracy, for whom the term is a stock insult, Trump was committed to the US’s “unquestioned military dominance”. Many of his appointees were old regime hands: his trade representative, Robert Lighthizer, was a Reagan-era official; the director of the CIA, Gina Haspel, ran a torture site under George W Bush; Trump’s fifth secretary of defence, Mark Esper, was formerly an adviser to Barack Obama’s defence secretary Chuck Hagel.Having pledged to “get out of foreign wars”, Trump did nothing of the sort. He pursued the global assassination programme established under Obama and prosecuted the US-backed war in Yemen. Trump did not get along with the diplomats at the state department, but his administration did very little that was out of the usual line of business.Trump was disdainful of international cooperation on terms other than those of the US, but this was nothing new, and disputes with the foreign policy intelligentsia were for the most part matters of style, not principle. In Latin America, Trump made clear through his adminstration’s “western hemisphere strategic framework” that the western hemisphere is “our neighbourhood”. In the Middle East, Trump overturned the minor accommodation the Obama administration had reached with Tehran and in doing so reverted to the traditional American strategy of strangling Iran while prevailing on the Gulf monarchies to recognise Israel. Trump criticised the costs of the US military’s presence in the Middle East, but US troop levels in the region increased during his time in office, as did military spending overall. His eccentricities were those of the modern Republican party, a reflection of the polity’s rightwing shift rather than of a barbarian anomaly. Dismantling American hegemony would have been a historic act, but Trump never considered it.The US withdrawal from Afghanistan in August 2021, which necessitated the simultaneous withdrawal of the forces of any remaining western allies, was yet another death for American empire. The clamour of the final exit partly drowned out the tawdry record of every US president in Afghanistan from Bush to Biden. That 20 years of occupation and state-building crumbled in weeks confirmed only that the Afghan government had been an artificial and corrupt dependent. Under Trump and Biden, US planners had concluded that the US could no longer afford to keep up pretences with a fragile and exposed government in Kabul.Enough of the US global order survived the withdrawal from Afghanistan that it could die again in February 2022 with the Russian invasion of Ukraine. Contrary to unserious predictions before its outbreak, this was no “hybrid war” or “cyberwar”, but a traditional ground operation that proved far more difficult than the Russian leadership imagined. In the event, expectations of a dash for Kyiv causing the quick capitulation of the Ukrainian government were frustrated. The US strategy of building up Ukrainian armed forces as a specific counter to Russian armoured invasion proved effective in staving off the initial assault. The US, Britain, Poland and other allies supplied key weapons and detailed intelligence, including satellite targeting, while seeking to inflict some economic damage on Russia with sanctions. That US intelligence appeared to have had a source in the Kremlin with access to the war plans – the US told Ukraine that Russia would invade before it did, and then made that assessment public, and CIA director Bill Burns has said clearly that the war planning was conducted by Putin and a small number of advisers – also ran counter to the narrative of the empire’s demise.That Ukraine, with heavy US support has, so far at least, held the line against Russia even at the extremity of eastern Ukraine reinforces the reality of current American power on global affairs. Russia’s general strategy has, since 2008, been to reassert influence in the former Soviet states around its borders. Yet between 1999 and 2009, Nato expanded into Poland, Hungary, the Czech Republic, the Baltic states, Romania, Bulgaria, Slovakia, Slovenia, Albania and Croatia. Perceiving this as a defeat, Russia had sought to bring it to a stop through machinations on its immediate borders. Yet in Georgia, the Caucasus, Crimea, Belarus and Kazakhstan, recent Russian operations were comparatively small-scale. Why a completely different and far more hubristic strategy was adopted for Ukraine remains poorly understood. Part of the story must lie in the two strategic agreements signed between the US and Ukraine between September and November 2021. Yet the US, Britain and Nato itself had studiously kept to ambiguous ground about future Ukrainian accession. Putin’s decision to invade may have been taken after the failure of diplomatic talks between the US and Russia in January 2022. In any case, the invasion itself was a terrible crime and a grave gamble. It has been mirrored in the strategy of the US and its allies, which since April 2022 has shifted from a simple frustration of the initial invasion to the grander ambition of using the war to achieve strategic attrition of Russia.In the Middle East, Israel’s brutal retributive attack on Gaza, the mirror of the orgiastic violence carried out by Hamas fighters on 7 October, only reinforces this picture. Over the past two months, the influence of US global power has been plain to see. Thanks to US protection, Israel has been free to carry out what in all likelihood amount to large-scale war crimes while largely disregarding any threat from regional states that might otherwise have sought to limit its attacks on Gaza. The US has supplied Israel (probably with some help from Britain’s military base at Akrotiri in Cyprus) throughout the campaign and has moved aircraft carrier groups and nuclear armed submarines to the region to make the point abundantly clear. Britain has followed in lockstep with its more modest capabilities. The US and its allies have effectively rendered action at the UN impossible. American imperial power is all too evident in the ruins of Gaza city.In large part, talk of the end of American dominance was a reaction to the global financial crisis and China’s industrial rise. For prominent western strategic planners like Elbridge Colby, one of the authors of the 2018 US National Defense Strategy, conflicts in Afghanistan, the Middle East and even Ukraine had come to be seen as distractions from the China threat, which represents the only plausible challenge to American global dominance. In its 2022 National Security Strategy, the Biden administration declared that the 2020s were to be a decisive decade. Past military adventures in the Middle East were criticised as extravagances and distractions in the era of competition with China. “We do not seek conflict or a new cold war,” the NSS said, but “we must proactively shape the international order in line with our interests and values”. In order to prevail in competition with China, the US had to enhance its industrial capacity by “investing in our people”. The present moment was said to represent “a consequential new period of American foreign policy that will demand more of the US in the Indo-Pacific than has been asked of us since the second world war.”What should be made of the fact that it is Biden, not Trump, who has overseen a major escalation of tension with Russia and an escalation in the trade war with China? At the time, the one ostensibly distinct part of the Trump programme appeared to be the trade war. Trump was seen as standing for an insular protectionist turn, but the same basic policies have been continued under Biden through export controls on advanced microchips. Still, Biden has proved to be just as uninterested in limiting capital flows from surplus countries like Germany and China into US treasuries, which arguably have negative effects on industrial workers in the US, but certainly inflate the prices of assets owned by the rich and underpin US power over the international financial system.The US political system as a whole appears, at present, to be opting for China containment. President Biden said on the campaign trail that under him US strategy would be to “pressure, isolate and punish” China. Encouraged by the US, Japan, like Britain, is engaged in a major arms buildup. American politicians make showy visits to Taipei. The US has threatened China with nuclear weapons in the past on the basis that it does not have a comparable nuclear arsenal. There is some debate over whether China’s current nuclear-armed submarines are able to avoid tracking by the US. China is also working to make its intercontinental ballistic missiles more secure. It is possible that soon they will together constitute a completely reliable second-strike capability against the US. The most dangerous moment of the cold war was in the early 1960s, when an aggressive and overwhelmingly dominant nuclear power saw itself in competition with an adversary that didn’t yet have equivalent nuclear forces. The US and China may be approaching a similar point.Earlier this month, Biden and Xi Jinping met in San Francisco in an attempt to smooth over relations that had become dangerously unstable. In November 2022, when Biden met Xi at the G20 in Indonesia, both had appeared to strike a conciliatory tone. Biden said the two had “a responsibility to show that China and the US can manage our differences” and “prevent competition from becoming conflict”. But the 2022 decision to ban Chinese access to the semiconductor trade was a straightforward escalation. Trump and Biden responded to their respective moments according to a general strategy that is longer-lived than either of them. US foreign policy has been quite stable for 30 years: a mode best characterised as reactive management of the world empire, with the aim of pre-empting the emergence of any potential challengers to its primacy.For all the talk of multipolar worlds, other poles of world power have been hard to find. Russia has hardly proved itself a global power in its botched invasion of Ukraine. Fantasies of European strategic autonomy have shown themselves insubstantial. India’s economic growth has been notable but it projects very little influence away from the subcontinent. The resurgent nationalisms in Turkey and Iran hardly qualify them as poles of global power, and the former still serves as a staging ground for American nuclear weapons. As the former Tsinghua professor Sun Zhe observed, developing countries are not cooperatively “rising together” to “challenge the current order” – the likes of Brazil and South Africa have, if anything, been declining in terms of economic heft. So where is the multiplicity in world politics?Much of the predicted systemic change consists of the emergence of Sino-American competition. But “multipolarity” is a poor description for this development. The strategic balance so far remains hugely in favour of the US. China does not militarily threaten the US. Chinese naval power is routinely exaggerated; its navy is not predicted to rival the US Pacific fleet for another generation, and it still lacks “quiet” nuclear-powered submarines that resist sonar detection. It is not clear that China is capable of mounting an invasion even of Taiwan, and there are good reasons to think China’s leadership knows this. For its part, China has not even made a serious effort to escape the dominance of the dollar in its trade with the rest of the world. It is the US that asserts a policy of isolation and punishment of China, not vice versa. So long as the US is maintaining a “defense perimeter” in the East and South China Seas that extends to a few kilometres from mainland China, it is not dealing with a peer, it is threatening a recalcitrant.Assertions of the inevitability of American imperial decline over the long term are fair enough; in their most abstract form, and on a long enough timescale, they must eventually turn out to be true. And the US position does look shakier than it has for decades. But what is striking is how seldom this system that is said to be in decline is given even a cursory description, especially in the subordinate parts of the Anglosphere.Why the reticence to explain the nature of American power? And why ignore that so much of contemporary US grand strategy is oriented precisely to prevent its dissolution? As the 2022 National Security Strategy said, “prophecies of American decline have repeatedly been disproven in the past”. This time the effort may be in vain. The risks of a Sino-American confrontation and the Russo-American nuclear standoff implied in the war in Ukraine are considerable. Whatever is to come, the fact remains that global power at present remains unipolar. The task for those not committed to its continuation is to understand it and, wherever possible, to challenge its assumptions.Adapted from Someone Else’s Empire: British Illusions and American Hegemony by Tom Stevenson, published by Verso and available at guardianbookshop.com The best stories take time. The Guardian Long Read magazine compiles the finest longform journalism the Guardian has to offer: from politics to technology, food to cosmology, literature to sex, there is something for everyone. 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