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    Forget Trump’s tariffs, the president’s bond market threat is worse | Heather Stewart

    When Donald Trump gave an in-flight press conference en route to the Super Bowl last week, it generated a flurry of news, from the fresh threat of steel tariffs to the declaration of “Gulf of America Day”.Much less remarked upon was a throwaway comment about the US’s financial obligations, which underlined the fact that tariffs are far from the only way in which Trump is jeopardising economic stability.“We’re even looking at Treasuries,” the president told reporters. “There could be a problem … It could be that a lot of those things don’t count. In other words, that some of that stuff that we’re finding is very fraudulent, therefore maybe we have less debt than we thought.”The suggestion was that opening up the US Treasury’s data to Elon Musk’s “department of government efficiency” team had identified a money-saving wheeze: why not walk away from some of America’s debt obligations – a “selective default”, as economists call it.Like so many of the serially erratic president’s pronouncements, this one had to be “walked back”, as the Americans call it. Kevin Hassett, his economic adviser, stressed the next day that Trump was referring to other payments that the US Treasury had been making, not its $36tn (£28.6tn) in debt obligations. Hassett suggested the Treasury “had been “sending money out without flagging what it was for”.Yet just entertain for a moment the idea that a US administration might decide it could unilaterally default on even a small portion of its debts. The result would be catastrophic. Because of the dollar’s status as the world’s reserve currency, the yield on US Treasuries – US government bonds – is perhaps the most important benchmark in global financial markets.If investors suddenly began demanding a higher yield – in effect the interest rate – as insurance against the risk they would not get their money back, the effects would ripple through the trillions of dollars of other assets worldwide priced with reference to supposedly super-safe Treasuries.Hassett made clear this is absolutely not an outcome the saner elements of Trump’s administration were aiming for. Indeed, the treasury secretary, Scott Bessent, has said the president wants to bring down the yield on 10-year US government borrowing costs.Yet as a result of Musk’s crazed takeover of the financial plumbing of the state, the US is already welching on its obligations – moral and financial – all over the world.Every day seems to bring fresh examples: health clinics in the developing world being closed because of the dismantling of USAid; researchers whose projects funded by the National Institutes of Health have been put on hold.Officials from the city administration in New York have even claimed the government in effect dipped into the city’s bank account to claw back $80m in federal grants that had already been made.This fast-track austerity is ostensibly aimed at improving the government’s balance sheet – putting the US through “the private equity wringer”, as Wired’s Brian Barrett put it last week.But the Musk/Trump takeover simultaneously risks shattering confidence in US institutions, in a way that is liable to have long-lasting and unpredictable consequences.Five former treasury secretaries warned in an extraordinary New York Times editorial last week of the risks of letting Musk loose on the nation’s financial system.“Any hint of the selective suspension of congressionally authorised payments will be a breach of trust and ultimately, a form of default. And our credibility, once lost, will prove difficult to regain,” they said.Musk has faced legal action and is targeting arms of government with which he has a particular beef, meaning the chances of anything that looks like a formal default remain low.View image in fullscreenBut the whole performance – as exemplified by a rambling Oval Office briefing involving Trump, Musk and his son X (who has the same name as the social media platform formerly known as Twitter) – screams “political risk”, as analysts would call it if it was happening elsewhere in the world.It would not be surprising if efforts to spur the development of alternative global reserve currencies and payments structures – such as those proposed by nations in the global south – are given added impetus by the shenanigans in Washington.The sheer insularity of the Trump administration’s approach was illustrated on Friday when Bessent – supposedly one of the more sensible figures in the administration – said: “The US has a strong dollar policy, but because we have a strong dollar policy it doesn’t mean that other countries get to have a weak currency policy.”In the short term, the most immediate impact of Trump’s plans on the global economy is likely to be via his long-trailed tariffs plan, which will throw sand in the wheels of the international trading system.All of this is likely to dampen growth, and if trade analysts are right that Trump’s latest idea of “reciprocity”, based on each country’s existing tariff and VAT rates, is the opening bid in a negotiation, it may be weeks or even months before any clarity emerges.Given this corrosive uncertainty, markets have so far been remarkably quiescent in the face of Trump’s wayward trade policy, and appear to be relatively unconcerned about Musk’s slash-and-burn mission, for now.They have been putting their faith in the mighty US consumer, and the economy’s powerful and innovative tech sector, to feed the narrative of US “exceptionalism”.But every week of the Trump/Musk show in Washington surely increases the threat of a structural shift in how investors view the US economy – which would ultimately be felt around the world. 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    The courts separate democracy from autocracy. Will Trump defy them?

    Will the Trump administration defy the courts?JD Vance’s tweet last weekend that “judges aren’t allowed to control the executive’s legitimate power” has sparked widespread concern that the Trump administration might become the first in US history to do so. At least at this stage, it is not clear that it will come to that, notwithstanding the president’s proclivity for asserting limitless executive power. But as other countries’ experiences show, if he were to adopt the position of the US vice-president, Trump would be crossing perhaps the most fundamental line demarcating constitutional democracy from autocracy.Consider just a few examples. In Venezuela, Hugo Chávez spent years undermining the country’s supreme court, declaring that it lacked “legitimate and moral authority”. The former president later refused to comply with a 2003 order to demilitarize the Caracas police force, instead tightening military control over law enforcement to entrench his power. In Hungary, after failing to enforce rulings of the constitutional court, Viktor Orbán’s government openly defied the European Union’s highest court’s ruling finding Hungary’s restrictive asylum scheme in violation of EU law. Likewise, in Turkey, Recep Tayyip Erdoğan systematically ignored domestic and European court of human rights rulings that ordered the government to release journalists and other political activists critical of his government.Nothing is more challenging to an authoritarian than an independent judiciary ready to hold the leader accountable. When would-be authoritarians perceive judicial oversight as a threat, they respond by dismissing and defying court rulings or otherwise undermining judicial independence. By the time the authoritarian takeover is complete, the judiciary is rendered toothless. Courts are especially vulnerable to such moves because they do not have their own enforcement arms.To be sure, we are not there yet. But Vance seems to see these examples not as object lessons in what not to do, but as models for the US president to follow. In 2021, Vance said his “one piece of advice” to Trump for a second term would be to “fire every single mid-level bureaucrat, every civil servant in the administrative state, replace them with our people … And when the courts – because you will get taken to court – and when the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’” (It is disputed whether Jackson even said this, but in any event he never defied the court.)In Trump’s last term, he had a worse won-lost record in the supreme court than any president since Franklin Delano Roosevelt – yet he abided by all court orders. And in the wake of concern about Vance’ s comments, Trump said he always obeys courts, but will pursue appeals. Thus far, that seems to be the case. But no responsible government official – much less the No 2 official in the executive branch – should even suggest that defying the courts is appropriate.View image in fullscreenTrump’s right-hand man, Elon Musk, is also fanning the flames. On 8 February, hours after a federal judge in New York temporarily blocked Musk’s team from accessing sensitive personal information held by the Department of the Treasury on millions of Americans, Musk shared a tweet from another user saying: “I don’t like the precedent it sets when you defy a judicial ruling, but I’m just wondering what other options are these judges leaving us.” The next day, Musk posted: “A corrupt judge protecting corruption. He needs to be impeached NOW!”On 12 February, Musk tweeted: “Bravo!” in response to a claim by El Salvador’s autocratic president, Nayib Bukele, that he had impeached judges in 2021 “and then proceeded to fix the country”. Musk added: “We must impeach judges who are grossly undermining the will of the people and destroying America. It is the only way.” Bukele’s removal of five constitutional court judges in 2021 is widely regarded as a “technical coup” that paved the way for him to seek re-election in violation of constitutional term limits. Musk is no lawyer, but he should know that in the US, impeachment is reserved for “high crimes and misdemeanors”, not decisions Musk does not like.Government officials are of course free to criticize court decisions. But Vance’s and Musk’s comments echo those of authoritarian regimes around the world, which often seek to undermine the legitimacy of any institution that might constrain their actions – the courts, the press, the non-profit sector. The criticism is often the first step in a campaign to sweep away all constraints.The federal courts in the US system are given independence and final say on legal disputes so that they can act as a check on the political branches. In 1975, the supreme court explained that “all orders and judgments of courts must be complied with promptly.” Indeed, the chief justice, John Roberts, in his annual end-of-year report on the federal judiciary in 2024, identified “threats to defy lawfully entered judgments” as one of the core issues that “threaten the independence of judges on which the rule of law depends”.The moment of truth may come soon. More than 60 lawsuits have been filed challenging Trump’s initial measures – from seeking to revoke birthright citizenship to freezing federal funding. Nearly every court to rule thus far has ruled against the administration.Were the Trump administration to follow Vance’s and Musk’s advice and defy the supreme court, the fallout would be swift, widespread – and justified. The supreme court has limited formal resources to compel the president to follow its dictates, because the president, not the courts, oversees federal law enforcement. Despite that formal reality, defiance would be an impeachable offense – and if the Republican party stood behind the president at that point, it would pay greatly at the polls. That’s because few principles are as fundamental to the American system as the notion that the supreme court has final say on constitutional and statutory issues and its orders must be obeyed. Trump would cross that line at his own, his party’s, and the country’s peril.

    Amrit Singh is a law professor and executive director of the Rule of Law Impact Lab at Stanford Law School. David Cole is a professor at Georgetown Law and former legal director of the ACLU More

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    ‘They may be Russian some day’: was this the week that changed the war in Ukraine?

    Volodymyr Zelenskyy has had some tough weeks in the past three years, but this past one may be up there with the worst of them.Back on Monday, in an hour-long interview with the Guardian at his Kyiv offices, the Ukrainian president was in a cautiously optimistic frame of mind. He said he had received “positive signals from the Americans” over upcoming negotiations. His team was working to fix a date for a meeting with Donald Trump, he said, and he was sure that the US president understood the importance of coordinating his position with Kyiv before talking to Russia.Zelenskyy’s main message, which he returned to several times in the interview, was that it was vital for the US to play a key role in enforcing any potential peace settlement. If Ukraine was to be denied Nato membership, it at least required Nato-style guarantees that would deter Vladimir Putin from coming back to bite off more chunks of the country in a year or five. “Security guarantees without America are not real security guarantees,” he said, unequivocally.But the reality of Trump’s second term can come at you fast. By Wednesday, the US defence secretary, Pete Hegseth, had ruled out both Nato membership for Ukraine and any US role in enforcing a peace deal. Later that day, in a surprise announcement, Trump said he had conducted a 90-minute phone call with Putin, and gave a press conference afterwards during which he proceeded to rip up three years of US rhetoric on supporting Ukraine.In Kyiv, the announcements hit with a shock as jarring as the wall-shaking booms from Iskander missiles that had been shot down on the outskirts of the city in the early hours of that morning.It had been a “bad war to get into” for Ukraine, said Trump, suggesting it was Kyiv’s choice to be invaded. He declined to say that Ukraine would be an equal partner in future negotiations, disparaged Zelenskyy’s poll ratings and repeatedly emphasised that his priority was regaining the money the US had spent on aid to Ukraine over the past few years, bandying around figures that appeared to have been plucked from thin air.View image in fullscreenHe doubled down on Hegseth’s insistence that Ukraine restoring its territorial integrity was unlikely, and even suggested that Russia might in some way deserve to keep the occupied territory because “they took a lot of land and they fought for that land”. The readout of the call said Trump and Putin had talked about the “great history” of their respective nations and discussed the second world war, all of which will have been music to Putin’s ears.Perhaps the Trump comment that caused the most anger in Ukraine was the casual remark in a television interview that “they may be Russian some day, they may not be Russian some day, but we’re gonna have all this money in there and I said I want it back.” It was a flippant dismissal of Ukraine’s existential fight to defend itself from Russian occupation, wrapped up in a demand for cash.In response, Zelenskyy has been walking an unenviable diplomatic tightrope. He knows that if he starts even to gently criticise the US president, it could make things worse for his country. On Monday, he offered careful compliments, tipping his hat to Trump’s “decisiveness”. He repeated the description on Friday at the Munich Security Conference, when JD Vance, the US vice-president, made the keynote speech and hardly mentioned Ukraine, and when there were surely many different words in Zelenskyy’s private thoughts.There is a depressing sense of deja vu to the situation. In the early months of Zelenskyy’s presidency, back in 2019, he got dragged into an impeachment drama after Trump tried to pressure him to investigate Hunter Biden’s business dealings in Ukraine. When Trump released a memo of the call, Zelenskyy appeared to be trying to sidestep entering a criminal conspiracy by flattering Trump. (“You are absolutely right. Not only 100%, but actually 1,000%,” he said, when Trump criticised European support for Ukraine.)This time, with the stakes even higher and Ukraine’s survival as a state on the line, Zelenskyy’s team has come up with a “victory plan” designed to catch Trump’s eye. Instead of appealing to shared values or European security, neither of which get Trump excited, they instead suggested joint exploitation of Ukraine’s “rare earths” and potentially lucrative contracts for US companies in the reconstruction of postwar Ukraine.“Those who are helping us to save Ukraine will [have the chance to] renovate it, with their businesses together with Ukrainian businesses. All these things we are ready to speak about in detail,” Zelenskyy said on Monday.The pitch worked, and on Wednesday, the US treasury secretary, Scott Bessent, arrived in Kyiv with a draft agreement on natural resources. But reports of the contents suggest it requires Ukraine to hand over 50% of its mineral wealth without being provided with any security guarantees in return. “It made people quite upset,” said one source in Kyiv. Zelenskyy has so far declined to sign.For some officials from other allied nations, many of whom have become deeply personally invested in Ukraine’s fight to throw off Russian domination, the crumbling of US support over the last week has felt like a betrayal.The EU ambassador to Ukraine, Katarína Mathernová, wrote on Facebook that she had attended the funeral of two Ukrainian soldiers in the western city of Lviv on Friday, and “cried like a child” as they were laid to rest. “How can a deal about Ukraine be made without Ukraine? How could such an agreement ever be explained to the families of the thousands of Ukrainian soldiers who have fallen defending the integrity of their homeland?” she asked.Many Ukrainians say they are willing to see concessions made for the sake of a peace deal, after three long years of disrupted lives and thousands of deaths. But the key question of what security guarantees could enforce such a deal looks even harder to answer satisfactorily for Kyiv after Trump’s comments this week.On the other hand, if no deal is done, Ukraine will face an extremely difficult situation militarily. Late last month, the Ukrainska Pravda news outlet quoted Kyrylo Budanov, the head of military intelligence, as telling a closed parliamentary committee that if negotiations did not begin in earnest by summer “dangerous processes could unfold, threatening Ukraine’s very existence”. Budanov later denied making the remarks, and the SBU security service opened an investigation to try to discover the outlet’s sources, showing the sensitivity of the topic.Several sources in Kyiv said that while the frontline has stabilised since late last year, by the beginning of the summer Ukrainian forces may be in trouble, particularly if US military aid deliveries cease. The army is currently dealing with a desertion problem, difficulty in mobilising new troops and intense exhaustion among those at the frontline.View image in fullscreenHowever, some caution against the dangers of rushing into a quick deal, especially now that the spectrum of possibilities on offer from Trump appears to be so troubling. “The earlier we get to the table the worse the outcome will be,” said Vadym Prystaiko, a former foreign minister. “It’s counterintuitive, and I know it’s painful. But there are still ways. We don’t have to give up. There is a Ukrainian saying: ‘Don’t fall down before you’re shot,’” he said.Prystaiko said there ought to be ways to engage Europe more forcefully in the context of a Trump retreat, notably by finally pushing through an agreement on sending Ukraine money from frozen Russian assets. And while the outcomes for Ukraine may look bleak now, many Ukrainians remind outsiders that the country has been written off before. In February 2022 many observers expected the Russian army to overrun Kyiv in days. Instead, the capital remained standing and the population launched a fightback.“Ukraine survived for three years and Russia is still fighting for some villages in the Donbas. It’s a miracle,” said one senior security source. “I don’t believe the front will collapse, but it will get harder. We have time, but we are paying heavily for that time, first of all in the lives of our people.”As well as the future of Ukraine, Zelenskyy has his own political future to consider in the coming weeks. Both Trump and his envoy Keith Kellogg have raised the question of elections, a topic also frequently mentioned by the Kremlin as a supposed reason why they cannot negotiate with him, after his official term ended last year.In the interview on Monday, Zelenskyy bristled and came the closest to a direct criticism of the Trump administration when asked about these demands. “It’s an internal question… nobody, not even someone with a very serious position, can just say, ‘I want elections tomorrow.’ That’s the sovereign right of Ukraine and Ukrainians,” he said.Zelenskyy pointed out the challenges of holding an election in the current climate. Martial law precludes it, and even if there were a ceasefire it is hard to imagine how the logistics of a countrywide vote would work, given the millions of voters living in occupied territories, frontline areas and abroad as refugees.“Will the elections be only when we’ve solved everything in 20 years’ time? No. But we cannot just shout loudly, ‘We want elections.’ Let’s be honest, today our people would see this as something shocking,” he said.Increasingly strident criticism of Zelenskyy can be heard from some Ukrainians, amid complaints about his leadership style and a centralisation of power in the presidential administration. There was also confusion and anger over an ill-timed move this week to place financial sanctions on former president Petro Poroshenko, in what appears to be an act of political revenge. But there are few voices who think that now is the time for a vote.“Our position is that during a war there is no room for politics and especially not for elections,” said Valentyn Nalyvaichenko, an MP from the Fatherland party of former prime minister Yulia Tymoshenko and a former head of the SBU security agency. “It would be the end for Ukraine. To start political or election activity would mean Putin’s victory the next day.”If some kind of sustainable peace deal is concluded in the coming months, elections might happen later in the year, analysts suggest. The big question will be whether Valerii Zaluzhnyi, the popular former army commander who now serves as ambassador to London, would stand. If he does, informal polls suggest he is likely to win; against other candidates, Zelenskyy has a much better chance.It is widely assumed that Zelenskyy himself plans to stand for another term, although when asked, he claimed that – like so much else in Ukraine – that will depend on what happens in the coming months. “That’s really a rhetorical question for me… I really don’t know. I don’t know how this war will finish,” he said. More

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    Europeans are right to be angry with Donald Trump, but they should also be furious with themselves | Andrew Rawnsley

    It was, Sir Keir Starmer told members of his inner circle, one of his most meaningful visits abroad. In the middle of last month, he flew to Kyiv to double-down on the commitment to back Ukraine’s struggle for freedom, a pledge he first made a defining feature of his leadership when Labour was in opposition. Hands were warmly clasped with Volodymyr Zelenskyy, wailing air raid sirens greeted a Russian drone attack, financial promises were made, and signatures were inscribed on a 100-year partnership treaty. The prime minister solemnly intoned the western mantra about backing the resistance to Russian tyranny “for as long as it takes” for Ukraine to become “free and thriving once again”.All of which now sounds for the birds, thanks to Donald Trump. It was with his trademark contempt for his country’s traditional allies that the US president blindsided them by announcing that he had initiated peace negotiations with Vladimir Putin over the heads of Ukraine and the European members of Nato. The UK received no more warning of this bombshell than anyone else. So much for the vaunted “special relationship”. The US defence secretary, Pete Hegseth, then unleashed another punch to the solar plexus of European security by publicly declaring that Ukraine would have to accept the surrender of large chunks of its territory and should forget about becoming a member of Nato. The future defence of Ukraine, he went on to declare, would be down to Europe, because the US wouldn’t be sending any of its troops to sustain a security guarantee.Humiliated and anguished, European leaders are crying “betrayal”. The UK government is not adding its voice to that charge in public, but it privately agrees. There is astonishment that the US president blithely conceded to several Russian demands before negotiations have even begun. “What happened to the Art of the Deal?” asks one flabbergasted minister. There is disgust at the Kremlin’s undisguised glee with what it interprets as a vindication of the barbarity it has inflicted on its neighbour. There is fear of the consequences for the Baltic states and others by rewarding Russian predation. There is horror at Trump’s subsequent suggestion that Putin be invited to rejoin the G7, as if the bloody slate of war crimes perpetrated by the Russians can simply be wiped clean.A hideous idea doing the rounds is that Trump will make a state visit to Moscow timed to coincide with the May Day parade, which celebrates Russia’s military. What a grotesque spectacle: the supposed leader of the free world sitting with the Kremlin’s tyrant watching a march across Red Square by the army that has committed so many atrocities in Ukraine.The biggest surprise is that so many people claim to be surprised. We knew that this US president despises America’s historic allies among the European democracies as he disdains the architecture of international security that his predecessors built. His geopolitics is one in which carnivorous great powers cut deals with each other and the smaller ones fall into line or get crushed underfoot. If you are genuinely shocked by these developments, I can only assume you haven’t been paying much attention.The perils are acute. A dictated peace will embolden Putin and other predators by sanctifying the redrawing of international borders by force. Were the US in concert with Russia to dismember Ukraine over the protests of Kyiv and European capitals, the transatlantic alliance would be mortally fractured.Europeans are right to be angry with Trump, but they should also be furious with themselves. They are to blame for leaving their continent so vulnerable to this danger-infused turn in world events. Trump has always had a point when he’s railed about Uncle Sam being treated as Uncle Sucker and he isn’t the first US president to tell Europe to take more responsibility for its security, even if none before have been so brutal about it. Under the lazy assumption that the US would always ultimately have their backs, European countries have spent too little on their own defence. The Russian invasion of Ukraine was often described as a wake-up call, but too much of Europe responded by hitting the snooze button. Three years on, the latest authoritative report from the International Institute for Strategic Studies finds that Moscow is feeding more resources into its war machine than the entirety of non-Russian Europe is spending on defence. Some frontline Nato countries, notably Poland, have ramped up their military budgets in response to the ravaging of Ukraine. The Poles grasp that the cost of deterrence is worth paying to avoid the far greater price of leaving yourself exposed to devastation. Others are still asleep. Last year, eight of Nato’s 32 members were still failing to meet the modest obligation to spend at least 2% of GDP.It is not that Europe lacks the resources to protect itself without US assistance. Russia’s population is about 144 million. The total population of Nato countries, excluding the US, is over 636 million and their combined economic heft is about 12 times that of Russia. The means are there; what’s been lacking is the will.Defence spending is about to become a lively issue in British politics. George Robertson, defence secretary during Tony Blair’s time at Number 10 and subsequently a secretary general of Nato, has been leading a strategic defence review. Lord Robertson is a shrewd Scot who has overseen a serious piece of work that has come to conclusions which will be jolting. His grim findings have just been delivered to the desks of the defence secretary and the prime minister. They will have landed with a thump.The Robertson review will add further detail to an already alarming picture of escalating threats out-matching inadequate protections. It suggests innovations designed to extract more bangs for taxpayers’ bucks by improving the efficiency of defence spending. It also recommends the reprioritisation of roles and activities. It makes the argument that it’s not just how much you spend that matters, it is also how well you spend. Yet the bluntest message of the review will be that Britain is not adequately resourcing its security. John Healey, the defence secretary, has effectively conceded that already by decrying the “hollowed-out” armed forces left behind by the Tories, a “dire inheritance” which includes the smallest army since the Napoleonic wars and an air force losing pilots faster than it can train replacements.One of Mr Healey’s junior ministers has said that the British army could be wiped out in as little as six months if it engaged in a war on the scale of the conflict in Ukraine. In the realm of cyberwarfare, the head of the National Cyber Security Centre recently warned that Britain’s shields aren’t strong enough to protect from the myriad bad actors who are menacing us.skip past newsletter promotionafter newsletter promotionLabour’s election manifesto made a pledge to get spending up to 2.5% of GDP, but not until some distant and undefined point in the future. At an imminent meeting with the prime minister at Number 10, the heads of the armed forces are expected to argue that there will be more cuts to our enfeebled capability unless they get an additional £10bn a year than has been budgeted for.People in a position to know tell me that Sir Keir is becoming swayed by the case to spend more. For that to happen, three big obstacles will have to be overcome. One is the Treasury, which has ever viewed the MoD as a prodigiously wasteful spender, as it often has been. When money is already tight, Rachel Reeves is going to take a lot of persuading to make a special case of defence. There will be baulking by the many Labour ministers and MPs who will flinch at more money for missiles when it will mean less for public services. There’s also a job of persuasion to do with the British public for whom defence and security has not recently been a priority. At last summer’s election, just one in 50 named it as their top issue in deciding how to vote.It is going to take a lot of effort to shift the dial, but the need to do so is becoming pressing. There’s an old diplomatic saw: “If you’re not at the table, you’ll probably be on the menu.” In this era of international relations, exemplified by Trump seeking to do a strongman-to-strongman deal with Putin to carve up Ukraine, the law of the jungle is beginning to prevail. If the UK and the rest of Europe don’t want their vital interests to be on the menu, we’re going to have to stump up the cost of a seat at the table. More

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    Cruelty and staggering financial costs: why expanding Guantánamo is a grave mistake | Karen J Greenberg and Mike Lehnert

    Nine days into the country’s 47th presidency, Donald Trump issued an executive memorandum that contained his latest mass deportation plan. The three-paragraph, 148-word order called for a migrant facility located at the US Naval Base in Guantánamo Bay, Cuba, to be expanded “to full capacity”. The US president later said the camp would house 30,000 migrants.Troop deployments quickly followed and on 4 February, the first planes carrying a few dozen migrants arrived at Guantánamo, with officials sending more each day.If the past is any guide, rather than accelerating Trump’s drive for unprecedented mass deportations, the Guantánamo migrant detention plan is destined to repeat the cruelty, confusion, protracted legal battles and staggering financial costs that have defined US detentions at Guantánamo since the September 11 attacks.Today we know Guantánamo mainly as the detention facility that held a total of 780 war on terror detainees over the past 23 years. The cruelty of Guantánamo has been exhaustively documented, notably in the 2023 UN special rapporteur’s report on the detention facility which described “the depth, severity, and evident nature of many detainees’ current physical and psychological harms”, both those still in Guantánamo and those who had been released as constituting human rights violations.Instead of acting as an effective deterrent, Guantánamo has become a worldwide symbol of US hypocrisy.View image in fullscreenThe US has also found it impossible to bring to trial those who are charged with conspiring in the attacks of September 11. In sum, once detention in Gitmo was set up, it has seemed doomed to perpetual limbo, all too easy to fill up and nearly impossible to empty.And the prison complex, which currently holds 15 prisoners, has served taxpayers poorly as well. It now operates at an astounding estimated cost of $44m – per prisoner per year – up from $13m in 2019 when the prison held 40 detainees. Every ounce of water used on the base must be created by a single desalinization plant. Food, construction material and all other supplies must be brought in by barge. Troops for security and logistics support must be deployed. Medical personnel as well.The war on terror’s prison is not the only warning sign from the past. For decades before September 11, Guantánamo served as a warehouse for migrants, a zone where laws were conveniently pushed aside, and legal resolution remained elusive.Originally established as a coaling station in 1903, the island military base took on a new role in the 1990s when Cubans, and then Haitians fleeing the overthrow of the democratically elected president, Jean-Bertrand Aristide, were apprehended at sea while seeking asylum in the United States.Culminating in Operation Sea Signal, 50,000 migrants were detained over time, with 24,000 in place at the peak, housed in vast expanses of tent cities where conditions were dangerously unsanitary, legal processes slow to nonexistent, and treatment of the migrants reportedly harsh. Despite the Clinton administration’s promises of processing their cases for asylum, most of the Haitians were summarily returned to Haiti. Cubans as well often remained in legal limbo in one “sad camp” or another.Since then, the Migrant Operations Center (MOC) has continued to serve as a holding facility for migrants apprehended at sea. In 2020-2021, the MOC held an average of 14 detainees at a time. By 2024, 37 migrants were housed there, reportedly living in legal limbo, under unsanitary conditions and reported mistreatment and abuse.View image in fullscreenThe sense of deja vu is unsettling. Tom Homan has referred to those who will be sent to Guantánamo as “the worst of the worst”, the same words used by the secretary of defense, Donald Rumsfeld, when he first set up the post-9/11 prison camp. Tellingly, the first troops sent last week to facilitate the new operations were marines from Camp LeJeune, just as they had been after September 11. And the essential policy parallel holds as well: an administration has given up trying to tackle complex policy problems and has instead embraced viral images of shackled prisoners and tough-talking soundbites that energize its political base.Guantánamo makes a mockery of our claim that we are a nation of laws, prudence and common sense. It has become a global symbol of the US inability to address complex challenges, in this case the unprecedented level of mass migration under way worldwide, with an eye towards a realistic, long-term solution. Nor is there a compelling argument that the threat of detention at Guantánamo will deter those seeking asylum from fears of persecution in their home countries and are willing to risk the dangers of the migration routes.In a 1996 after-action manual based on interviews with military personnel who had served at Guantánamo during the detention operation of the 1990s, the authors made a series of recommendations. The manual highlighted the need to clarify the “legal basis for the operation” and “for understanding the nature and scope of the mission at the outset”.Such clarity, Gen Joseph Hoar, the head of USCentcom at the time wrote, was “paramount”.The general’s warning was ignored after September 11. It is absent today as well in the rapid, indiscriminate, legally vague and underprepared operation currently under way.It’s time to finally take a lesson from the past. The throughline of Guantánamo represents one thing and one thing only: it exists outside the law. It is ineffective, exorbitantly expensive, and will not solve complex, insufficiently addressed policy messes. Using it to tackle migration will lead predictably not to solving a problem but to creating new ones.

    Karen J Greenberg is the director of the Center on National Security at Fordham Law and author of The Least Worst Place: Guantanamo’s First 100 Days

    Mike Lehnert (MajGen USMC ret) served as the joint task group commander of the Cuban and Haitian migrant camps during Operation Sea Signal (1995) and the first joint task force commander of JTF GITMO (2002) More

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    Trump and Vance are courting Europe’s far right to spread their political gospel

    The Trump administration is making a big bet on Europe’s hard right.Speaking at a conference of Europe’s leaders in Munich on Friday, the US vice-president JD Vance stunned the room by delivering what amounted to a campaign speech against Germany’s sitting government just one week before an election in which the anti-immigrant, anti-Muslim AfD is set to take second place.As Vance accused foreign leaders of suppressing free speech, failing to halt illegal migration and running in fear from voters’ true beliefs, a whisper of “Jesus Christ” and the squirming in chairs could be heard in an overflow room.Hours later he met with Alice Weidel, the leader of the AfD, breaking a taboo in German politics called the “firewall against the far-right”, meant to kept the anti-immigrant party with ties to extremists out of the mainstream and of any ruling coalition.“It’s an incredibly controversial thing for him to do,” said Kristine Berzina, the managing director of the German Marshall Fund’s Geostrategy North, who was at the Munich Security Conference.The backing of Vance – or Elon Musk, who recently gave a video address at an AfD party summit – is unlikely to tilt the result of Germany’s elections, said Berzina. And it’s unlikely to browbeat the ruling Christian Democratic Union, which should win next week’s vote, into allowing AfD to enter any coalition.But the US right under Trump does have its eyes set on a broader transformation in Europe: the rise of populist parties that share an anti-immigration and isolationist worldview and will join the US in its assault on globalism and liberal values. They see those leaders in Viktor Orbán in Hungary, Giorgia Meloni in Italy, as well as the UK’s Reform party and Marine Le Pen in France.“It is personal and it is political in terms of far-right political alignment,” she said. “It also opens the door to what other unprecedented things are we going to see in terms of the US hand in European politics.”Could the US president even threaten serious policy shifts like tariffs based on an unsatisfactory German coalition? “That would be normally unthinkable,” she said in response to that question. “But in 2025, very little is unthinkable.”Trump has claimed a broad mandate despite winning the popular vote by a smaller margin than any US leader since the early 2000s. And he seeks to remake politics at home and redefine the US relationship with its allies abroad, many of whom attacked him personally in the wake of the January 6 insurrection and his second presidential campaign.Vance also wanted to antagonise Europe’s leaders on Friday. He refused to meet with Olaf Scholz, the German chancellor who should be among the US’ key partners in negotiations with Russia over the future of the war in Ukraine. “We don’t need to see him, he won’t be chancellor long,” one former US official told Politico of the Vance team’s approach.That speaks to a trend in the Trump administration’s thinking: that voters abroad will handle what his negotiations and alliances cannot. As Vance stunned the European elite on Friday, he told them that “if you’re running in fear of your own voters, there is nothing America can do for you”.“You need democratic mandates to accomplish anything of value in the coming years,” he said.This is something that Vladimir Putin, who waited years for the return of a Trump administration, knows well regarding his war in Ukraine: sometimes you have to bide your time until conditions are right.And it’s something that Trump intimated about Ukraine’s Volodymyr Zelenskyy as he riffed on his plan to end the war through negotiations that would cede Ukrainian territory and give up Kyiv’s designs on Nato membership.“He’s going to have to do what he has to do,” Trump said of Zelenskyy agreeing to a deal. “But, you know, his poll numbers aren’t particularly great.” More

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    White House bans AP journalists from Oval Office amid continued Gulf dispute

    The White House has announced that it is indefinitely blocking Associated Press journalists from accessing the Oval Office and Air Force One amid a growing standoff between Donald Trump’s administration and the news agency over the Gulf of Mexico’s name.White House deputy chief of staff Taylor Budowich made the announcement on X, saying: “The Associated Press continues to ignore the lawful geographic name change of the Gulf of America. This decision is not just divisive, but it also exposes the Associated Press’s commitment to misinformation.”Budowich went on to accuse the 175-year-old news wire agency – whose style guidance is used by thousands of journalists and writers globally – of “irresponsible and dishonest reporting”.Budowich said he recognized that the Associated Press’s reporting is covered by the US constitution’s first amendment, which provides for the freedoms of speech and press. But he maintained that “does not ensure their privilege of unfettered access to limited spaces, like the Oval Office and Air Force One”.He added that Associated Press journalists and photographers would retain their credentials to the White House complex.According to the Hill, an Associated Press journalist was barred from attending an executive order signing ceremony in the Oval Office on Friday afternoon following the White House’s announcement.The outlet reports that a White House official told the Associated Press journalist, “No, sorry,” when the reporter tried to join the event.Friday’s announcement from the White House marks an escalation in the growing feud between the Trump administration and the Associated Press over the organization’s refusal to abide by Trump’s preference for Gulf of America and change its style on that body of water to Gulf of America.On Tuesday, the Associated Press said another one of its journalists was refused entry into an executive order signing ceremony at the Oval Office – a move described by the news agency’s executive editor Julie Pace as an attempt by the White House to “punish” the organization for its independent journalism.“Limiting our access to the Oval Office based on the content of AP’s speech not only severely impedes the public’s access to independent news, it plainly violates the first amendment,” Pace said.After Tuesday’s episode, Pace sent a letter to the White House, calling the White House’s decision an “alarming precedent”.A separate statement from the New York Times said it stood by the Associated Press while “condemning repeated acts of retribution by this administration for editorial decisions it disagrees with”.“Any move to limit access or impede reporters doing their jobs is at odds with the press freedoms enshrined in the constitution,” said the statement, which was reported by chief CNN media analyst Brian Stelter.According to a 23 January style memo, the Associated Press said that it would not be changing its style on the Gulf of Mexico to Gulf of America after Trump’s decision to change the body of water’s name – a move which holds authority only within the US’s federal government.“The Gulf of Mexico has carried that name for more than 400 years. The Associated Press will refer to it by its original name while acknowledging the new name Trump has chosen. As a global news agency that disseminates news around the world, the AP must ensure that place names and geography are easily recognizable to all audiences,” the Associated Press said.Blocking the Associated Press’s access around Trump could substantially affect news consumption in certain markets.The Associated Press provides reporting to a numerous publications across the US that do not have their own reporters covering the White House.Supporters of Trump could also use the White House’s decision to limit access for Associated Press journalists as evidence for bad-faith arguments that the organization is unpatriotic or untrustworthy. More

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    The Guardian view on supporting vaccines: humans can work miracles – so why wouldn’t we? | Editorial

    It is easy to become so used to scientific and social advances that we take them for granted. But sometimes we should pause to celebrate – to feel genuine awe – at the wonders that we have seen. Amid all the wars, the disasters and the crimes of the last half century, we have witnessed nothing short of a miracle.Vaccination, in addition to clean water, sanitation and improved nutrition, has been one of the greatest contributors to global health. It is responsible for much of the astounding fall in child mortality, which plummeted by 59% between 1990 and 2022. It has saved more than 150 million lives, mostly of infants, since the Expanded Programme on Immunisation was launched by the World Health Organization in 1974. Initially designed to protect children against diseases including smallpox, tuberculosis, polio and measles, the scheme has since been extended to cover more pathogens. Then, in 2000, came the Global Alliance for Vaccines and Immunisation (Gavi), a public-private organisation that provides financial and technical support for vaccination in poorer countries and negotiates with manufacturers to lower costs.The results have been remarkable. Prevention is better – and cheaper and easier – than cure. Smallpox was declared eradicated in 1980. Almost all the world is now polio-free. Cases of many other diseases have been slashed. Much more can be done: an estimated 5 million children have been protected against malaria since routine vaccinations were launched a year ago. And from a scientific perspective, we are entering a golden age of vaccines.Yet this is a dangerous moment in other ways. The climate crisis is spurring disease outbreaks. Conflict has dramatically increased the number of unprotected children. Vaccine scepticism has grown. Now cuts to funding threaten to turn the clock back. The trashing of USAid will hinder delivery and has halted a groundbreaking programme to create new malaria vaccines. Robert F Kennedy Jr – who once claimed that “no vaccine is safe and effective” and who tried to persuade the US government to rescind authorisation for the coronavirus vaccine at the height of the pandemic – was confirmed this week as health secretary.Now the UK, one of Gavi’s founding donors and the country which has given most to its core programme, is considering a significant cut to its support. This would be a grave error. While some aspects of Gavi’s approach have faced sensible scrutiny in the past, it has vaccinated over 1 billion children and done so cost-effectively: 97 pence in every pound it is given goes on vaccine programmes. Its success is also evident in the number of countries which have graduated from being beneficiaries to paying their own way; some, including Indonesia, are becoming donors in turn. And Gavi’s stockpiles help to keep people safe in wealthier countries too, as well as ensuring that poorer nations are healthier and more stable.For all these reasons, Gavi has long enjoyed bipartisan support in the UK, which has given it more than £2bn over the last four years. Now, more than ever, its funding must be sustained. The world is full of apparently intractable conflicts and complex moral dilemmas. Few decisions are truly simple for governments. But this one is a no-brainer. It should astonish us that we can so easily save lives. It should be self-evident that we must continue to seize that opportunity. More